The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-09

II The DEATH removal, resignation or sbssnes Of the
Governor tho Ter ory, the Secretary shall b. and
form al the powers AAc duties Of tbs Governor during
such vacancy absence until another Governor shall
be duly appointed AID qualified TO oil sueh vacancy
s. a. And be 1t further enacted, That the lsgsla i've
pswer and authority Of said territory shall be vested in
the governor and sa,i,s assembly The legislative
assembly thsh conast OF l and house OF repre-.
The council sha consist OF thirteen Members
having the qualifications Of voters "a hereinafter pre-
tcribe whose term Of service shall continue two years.
The houi of shall 1T its first session con-
tst e twenty six members possessing the same quAhcA
tons prescribed for members Of the council and vhoe
term Of service shall continue one year The number 81
semby, fr tins TO time in proportion to the increase
.. qualified voters Provided, That the whole number
shall Fever exceed thirty pine An spporonnsnt shall
raj uniss DISTRICTS for The election OF the council
and giving to each section Of the Terri
tory repre- In the ratio Of it qra6sd voters
nearly ~ may be- And the members Ct the council and
Of the house OF shall reside in and be in
habnaps Of the dirict county countless for which
they may be eseted RESPECTIVELY Previous to the first
election the governor shall census enumerA.
tion Of the Inhabitants and qualified voters Of the several
counties and cisrcts OF the Territory to be taken By
such Iersonp md in such mt de- IS the gvernor sna
pointed shall receive . Reasonable compsnsa-
lion therefor. And the first election shall DO
held at UGH me and places, and be conducted In such
mappsr both as to the persons who shall superintend
such election and the returns the
appoint and direct shall At the time declare
ths number Of the council and House OF
90 which ch Of the counties CT districts shall be
entitled under tp,. 7bs PERSONS having the bru.
est number OF legal voteI in eaen o. - ancu districts
or me- MIXERS Of the council shall DO declared COVER
having this Of legal votes for the House
OF shall be BY the governor to
be duly elected members of 50 house. Provided Tha In
case two or more persons voted fer shall have equal
number Of votes, and in vacancy Bha othersiss
occur in e er branch Of the legislative assembly the
thus elected 10 the legislative assembly shall meet at
such place, and on such cay the governor fhall up
point, but thereafter the tims place, and Of
hocirg andleonductpg all elections by the psops and
the sppCrcnrg the in the several
ties or districts TO tie council and house of representa-
tver, according to the number Of qualified voters shall
tie prescribed by law well the the commence
men. the regular sessions Of the legislative assembly
Provided session In any shall exceed the
term Of fory except the frat session. which may
Sec And further snaetsd That every free white
male inhAbltant above the of twenty years. who
shall be actual resident of said Terrtol and shall
possess the hereinafter prescribed shall be
entitled to vote at the nrs election shs bs eli be
.nd Iaa put the
tons shall be such shall be prescribed by the gisla
tive emily Provided That the right Of suffrage and
Of holding Office shsl be exercised only by citizens tho
United States, and thoee who shall have declared on
cath their intention to become such, and shall have
taken an oath to support the constitution Of the United
Stats and the provisions Of this aot And provided fur
thsr That no cfccr soldier seaman marine,
person in the army or navy Of the United Sasss At
Re allowed TO vote hold flee in said Terrific ~ BY rs
son Of in service therein for six months unless sad
Territory and has been for that period otherwise his
permanent donicil residence, habitation and home
sec g. And be 1t further enacted That the gi ,atve
power Of the Territory shall extend to AL rightul sub
ects of legislation CONSTANT with the constitution and
laws OF ths United s,atef but no law r. be passed in
terferpg with the primary dhposal OF the foi tax
shall be imposed upon the property Of the United States
taxed higher than the lands property Of residents
All the laws passed BY the Legislative assembly and gov
nor I'd al be subnie to the Congress of the United
tstes and il dsapproved shall be NULL and sf. ct
Sec. T. And be 1t further enacted That all township
cstrct and county officers not herein otherwise provd
ed for shall be appointed elected the may b.
such manner as shall be provided the governor and
legislative mbly of the Territory Nebraska The
governor shall nominate and BY and with the advice
consent OF the ysatve council appoint ell officers not
herein otherwise provided or and the Instarce
the governor alone may appoint AL raid officers Who shall
hold their Offices until the end Of the nrst session of
legislative Mtembly and shall lay of the necessary dis
trets for OF the Council and House Of Rspresen
tatives and AL other officers.
SEQ. g. And be 4: farther enacted That member Of
the len sativs ASSEMBLY shall hold or bs appointed to
oce which .ba have been created the salary or
emouments Of which shall have been increased while he
vas me mbsr during the term for which he elected
AND for year after the expiration suoh term; but
this restriction shall not b to members Of the
under shs Uotd s..
rostma stera shall be member of the legislative assem-
y ~ shall hold any office under the Of said
So. Q. And b It further enactsd That the judicial
Of said Territory shall DO vested supreme court
district courts, probate courts and in jusicss of the
peace The supreme court shall coneist chief ustice
and two associate Justices any two Of whom nall
tute quorum, and who shall hold term at the seat Of
bold their Offices during period OF four years and
nntil their sucoessors shall he appointed and qualified.
The said Territory shall be divided into three judicial dis
ict AID district shall To held in each OF said dis.
riots by Of the justices of the supreme court at such
mes and places may be prescribed BY law and the said
he districts which sh Ill be assigned them The uris
itcns Of the several courts herein provided for both
ppe.te and original and that OF the probate courts
Justices Of the peace shall be limited by law Provi
led That Justices Of tie peace shall not have jurisdiction
any matter in controversy when the title boundaries
slammed lhal exceed one hundred dslars and the said
uIrene and district courts, respectively, shall possess
'fansery ~ well as comm on law Jurisdiction. Each dis.
Iicl court or judge thereof shall appoint its clerk who
hall alt be the register in chancery and shall keep his
flee At the place whsre the court may be held Wris
Of error bs Of exception and appeals shall be allowed
all from the na decisions Of said dsict courts
to the supreme court under such regulations Is may be
BY law but in no case removed to the supreme
supreme court the justices thereof shall appoint its
own clerk and every clerk shall hold flee 1t the
pleasure Ct the court fer which he shall have been ap-
ponted Wrts Of error, and appeals FROM the final eeci
nc MS OF raid supreme court shall be all WED and may be
taken the court the United States in the
and under the ms a. from the cir
,nt courts CT tie United States where the value of the
property or the amount in controversy to BE- ascertain
ID by The oath or affirmation Of either party, other
except only that in all eases involving title to laves he
ad vrits Of error or appeals shall Be sllo Ssd and dc
ded BY the faid Supreme Court without regard tho
'Aue Of the matter, property title controversy;
md except also, that wit Of appeal shall also
allowed to the Supreme Court Of the United States
re tbs dtcton Of the said Supreme Court created BY
his act or Of any judge thereof Of the district courts
reatec BY this act or judge theo upon any writ
'aesas corpus involving the question personal
each OF IL said district Ia shall have and
he same ursf etion in all arsing under the con-
Intuition and laws Of the United States Is vested in
be and district courts Of the United States and
he raid supreme and district courts OF the said Territory
md the respective Judges thereof shall and may grant
ants OF haeeas corpus In all in which the
re srsned by the judges Of the United States in the
stct Ct CoumbA and tho frs. six days Of every term
y isic courts or so much thereof shall be necessary
Dali be Appropriated to the trial OF arising under
he sad constitution and laws and wrts Of error and
pptsl in AL fnch shall be made the supreme
urt OF raid Territory the in other cases. The
&c Gle tbAu receive in AL such cases. the same fees
shich the clerks Of the district of Utah Territory
Tow receive for similar purposes.
sec TO- And be further enacted That the provisions
the act entitled IAN act respecting tugives from jus.
see and persona secspips from the service OF their
rs approved February H. 1898, and tbs provisions Of
he act entitled IAN act to ameni and supplementary
the Aforesaid act" approved September is 1850 be-
md the hereby declared TO extend to- ana be