CHAPTER 74.-RECORDS.*

SECTION 1. [Public records-Examination.]--All citizens of this state, and all other persons interested in the examination of the public records, are hereby fully empowered and authorized to examine the same, free of charge, during the hours the respective offices may be kept open for the ordinary transaction of business. [R. S. 297. G. S. 883.]

CHAPTER 75.-REFORM SCHOOL.†

SECTION 1. [Location,]-That the "Reform School for Juvenile Offenders" now located and established at Kearney in the county of Buffalo, is hereby recognized and continued as a state reform school for the confinement, discipline, education, employment and reformation of juvenile offenders as herein provided. [1881 § 1, chap. 69.]

SEC. 2. [Officers.]-The board of public lands and buildings shall provide for the instruction of the inmates, and shall appoint a superintendent, a steward, a teacher or teachers, and such other officers as in their judgment the wants of the institution may require, and prescribe their duties. They may appoint and remove officers at their pleasure and determine the salaries to be paid them; Provided, Superintendent's salary shall not exceed fifteen hundred dollars ($1,500.00) per

annum.

SEC. 3. [Instruction,-The board shall cause the boys and girls under their control to be instructed in correct principles of morality, and in such branches of useful knowledge as are adapted to their age and capacity, and in some regular course of labor as is best suited to their age, strength, disposition and capacity, and as may seem best adapted to secure the reformation and future. benefit of the boys and girls.

SEC. 4. [Duties of superintendent.]-The superintendent so appointed shall have charge of all the property connected with the institution, and shall keep a complete account of all expenditures, said expenditures to be approved by said board, and shall keep an account of all property intrusted to him, in such manner as the said board may require; his books and documents relating to the school shall at all times be open to the inspection of the said board; he shall keep a register containing the name, age, and circumstances connected with the early history of each boy and girl, and shall add such facts as shall come to his knowledge relating to his or her history while at the institution.

SEC. 5. [Authority of court.]-When a boy or girl under the age of sixteen years, shall, in any court of record in this state, be found guilty of any crime except murder or manslaughter, the court may, if in its opinion the accused is a proper subject therefor, instead of entering judgment, cause an order to be entered that said boy or girl be sent to the state reform school in pursuance to the provisions of this act; and a copy of said order, duly certified by the clerk, under seal of said court, shall be a sufficient warrant for carrying said boy or girl to the school, and for his or her commitment to the custody of the superintendent thereof.

SEC. 6. [Proceedings before justice of the peace-Order to guardian.]—When a boy or girl under the age of sixteen shall be convicted before a justice of the peace or other inferior court of any crime, or being a disorderly person, it shall be the duty of the magistrate before whom he or she may be convicted, to forthwith send such boy or girl, together with all the papers filed in his office on the subject, under the control of some officer to a judge of a court of record, who shall then issue an order to the parent or guardian of said boy or girl, or such person as may have him or her in charge, or with whom he or she has last resided, or one known to be nearly related to him or her, or if he or

*NOTE. Chap. XLIV, R. 8. 297 Chap. 62, G. S. 883.

NOTE. "An act providing for the government and maintenance of the state reform school at Kearney and the trial, commitment, punishment and education therein of juvenile offenders." Approved and took effect March 2, 1881.

she be alone and friendless, then to such person as said judge may appoint to act as guardian for the purposes of the case, requiring him or her to appear at a time or [and] place stated in said order, to show cause why said boy or girl should not be committed to the reform school for reformation and instruction."

SEC. 7. [Service of order.]-Said order shall be served by the sheriff or other officer, by delivering a copy thereof, personally, to the party to whom it is addressed, or leaving it with some person of full age at the place of residence or business of said party, and immediate return shall be made to the said judge of the time and manner of such service. The fees of the sheriff or other officer under this chapter, shall be the same as now allowed by law for like services.

SEC. 8. [Examination.]—At the time and place mentioned in said order, or at the time and place to which it may be adjourned, if the parent or guardian to whom said order may be addressed shall appear, then in his or her presance, or if he or she fail to appear, then in the presence of some suitable person whom the said judge shall appoint as guardian for the purposes of the case, it shall and may be lawful for the said judge to proceed to take the voluntary examination of said boy or girl, and to hear the statements of the party appearing for him or her and such testimony in relation to the case as may be produced, and if upon such examination and hearing the said judge shall be satisfied that the boy or girl is a fit subject for the state reform school, he may commit him or her to said school by warrant.

SEC. 9. [Warrant of commitment.]-The judge shall certify in the warrant the place in which the boy or girl resided at the time of his or her arrest, also his or her age, as near as can be ascertained, and command the said officer to take the said boy or girl and deliver him or her without delay to the superintendent of said school, or other person in charge thereof, at the place where the same is established; and such certificate, for the purpose of this act, shall be conclusive evidence of his or her residence or age. Accompanying this warrant, the judge shall transmit to the superintendent by the officer executing it, a statement of the nature of the complaint, together with such other particulars concerning the boy or girl as the judge is able to ascertain; Provided, The expense of conveying any boy or girl so committed to said reform school, or of returning them to their parent or guardian after their release therefrom, shall be at the expense of the state.

SEC. 10. [Writs of error.--The proceedings before any judge of the county court may be reviewed on writ of error by the district court and proceedings before any district court or judge thereof may be reviewed by the supreme court in the manner provided by law for the review of other criminal cases in those courts.

SEC. 11. [Term of commitment.]-Every boy or girl committed to the reform school shall remain until he or she shall arrive at the age of majority or is reformed or legally discharged. The discharge of any boy or girl so reformed or having arrived at the age of majority, shall be a complete release of all penalties incurred by conviction of the offense for which he or she was committed.

SEC. 12. [Penalty for assisting escapes.]-Every person who unlawfully aids or assists any boy or girl lawfully committed, in escaping or attempting to escape therefrom, or knowingly conceal said boy or girl after his or her escape, shall be punished by fine not exceeding five hundred dollars, or imprisonment in the state penitentiary not exceeding three years.

SEC. 13. [Repealed all parts of act of 1879, 413, inconsistent with this act.]

SEC. 14. [Emergency clause.]

CHAPTER 76.-REGISTRATION OF VOTERS.

SECTION 1. [Registrars-Appointment-Fees.]-That there shall be appointed by the governor of the state from among the citizens thereof most

NOTE.-"An act to provide for the registration of voters in cities of the first class and certain cities of the second class Took effect Feb. 27, 1873. G. S. 885.

known for loyalty, firmness, and uprightness, one registrar for each voting ward, or precinct, in each city of the first class, whose duty it shall be to register the names of all persons who shall claim to be entitled to the elective franchise, resident within each voting ward or precinct in such cities, in the manner herein prescribed; and the said registrar shall receive for his services the sum of three dollars ($3.00) per day for each and every day he shall necessarily be engaged in the duties devolving upon him by this act; Provided, That the per diem of carrying this act into effect shall not exceed the sum of forty dollars in any one ward, or precinct, in any one year, and any vacancy that may occur shall be filled by the governor, as herein provided. Each officer of registration shall, before he enters upon the duties of his office, take and subscribe the usual oath of office prescribed for state officers, and subscribe the same in the book of registration for his election district. [G. S. 885.]

SEC. 2. [Registrar's books.]-The secretary of state shall cause to be prepared books of registration of names and facts required by this act; said books to be furnished by said secretary of state to the several county clerks of the counties which contain cities of the first class, and By said county clerks furnished to each registrar provided for in the first section of this act, at the expense of the cities in which such voting district may be situated; said books shall be so arranged as to admit of alphabetical classification of the names, and ruled in parallel columns, on which shall be entered,-First. The name of the person registered. Second. Sworn. Third. His age. Fourth. The place of his birth. Fifth. The time of his residence in the district, county and state. Sixth. If naturalized, the date of his papers and the court by which issued. Seventh. His qualifications. Eighth. Qualified voter.

SEC. 3. [Registrar's oath-Duties.]-Said officers of registration shall register the name of every person resident in such election district, whom he knows to be a qualified voter, and entitled to registration, or who presents himself for that purpose, and after recording the surname and christian name, shall administer to the person so presenting himself the following oath, to wit:

"You do solemnly swear (or affirm) that you will fully and truly answer all such questions as shall be put to you, touching your place of residence, your qualifications as an elector, and your right to registration as such.”

And enter in the proper column the facts whether such person has, or has not been sworn, the age of such person, the place of his birth, the time he has resided in the state, county, and voting district in which he seeks to be registered; if naturalized the date of his papers, and the court, state, and county where issued; if disqualified, the cause, or reason of disqualification, whether non-residence, non-age, alienage, lunacy, or non-compos-mentis, disloyalty, or bribery, the names of qualified voters, omitting from the column for that purpose the names of disqualified persons, and inserting in lieu thereof the names of one or more witnesses by whom the disqualification was proven.

SEC. 4. [Same.]-It shall be the duty of the officer of registration, before entering any name in the column of voters, to diligently inquire, and ascertain that none of the aforesaid causes of disqualification exist; and unless he shall become satisfied that none of the aforesaid causes of disqualification exist, he shall not enter his name as a voter in said eighth (8th) column, or registrar of qualified voters, but shall carefully exclude it therefrom.

SEC. 5. [Alien born citizens,]-The officer of registration shall not allow the name of any foreign born citizen, or resident to be entered in said eighth column, or register of qualified voters,, unless his papers be produced, and exhibited to such officer, and by him endorsed with the date of their exhibition, or shall prove by his own oath or otherwise to the satisfaction of such officer that he is entitled to the elective franchise, and to be registered as a qualified voter, whereupon said registrar shall enter in the sixth column the facts required in the third section of this act.

SEC. 6. [Qualified voters.]-It shall be the duty of said officer of registra

tion to enter in said register of qualified voters the name of every person who shall apply to him to be registered, and who shall satisfy him that he is qualified to vote under the provisions of the election laws of the state, or who shall prove to his satisfaction that he will be of age, and so qualified to vote, on or before the day of the next ensuing election.

SEC. 7. [Registration-Time-Place.]-It shall be the duty of said offi cer of registration to sit at some convenient place in the voting district for which he is appointed, on the first Monday of September, of each year, and continue in session for that day or until he shall complete the list of voters, and shall give notice of the time and place of sitting, at least seven days before the day of sitting, by publication in some newspaper published in the city in which such registration is to be made, and in case of making a change in the place of sitting, he shall at once publish, in manner and form aforesaid, at least three days before sitting, notice of such change as herein prescribed. Said notice and publication to be paid for by the proper city.

SEC. 8. [Daily sessions.]-That said officer of registration, for the purpose of facilitating him in the discharge of his duties, shall sit on the days for registration, from 9 o'clock A. M., until 5 o'clock P. M.; Provided, however, That, in his discretion, he may take a recess at noon not to exceed one hour's time. SEC. 9. [Lists-Publication-Correction-Delivery.]-It shall be the duty of said officer of registration, as soon as practicable after the lists are complete as aforesaid, and before the fourth Monday of September, to make, or cause to be made, a certified list of all the names of persons duly registered by him as qualified voters in his election district, and cause the same to be written or printed, and made public by posting the same in at least three public places in his said election district where said registration has been made, and publish the same in some newspaper to be selected by him, if one be published in the city in which registration has been made, accompanying said list with a notice for all persons interested to appear before him at the place, and during the hours of registration, on the Monday, and as much longer as may be in his judgment be necessary of the next week preceding the week in which the election is to be held, to make additions, to correct any omissions, to strike off any name that is not entitled to the elective franchise, or other errors in said list, at which time the list of qualified voters shall be corrected and finally closed, and two copies of said corrected list or register of voters shall be made, and one copy thereof shall be deposited by the officer of registration with the county clerk of the county in which said registration is made, on or before the day of election, and the other copy shall be delivered to the judges of election for his said election district, in which said registration has been made. The county clerk shall file the list that is delivered to him, and preserve the same with the records in his office, subject to examination as other public records.

SEC. 10. Registrar's powers.]--That said officer of registration whilst discharging the duties imposed by this act, shall have and exercise the powers of a justice of the peace, for the preservation of order around the place of registration; can compel the attendance of witnesses for the purpose of ascertaining the qualifications of persons to be registered; he shall have power to issue summons, attachments, and commitments to any sheriff or constable, or special constable, appointed by him for the purpose, who shall serve such process, of [as] if issued by any court of record, or justice of the peace; such officer shall receive the same fees, and in the same manner as allowed by law for the same duties in criminal cases, but said officer of registration shall not receive any fee whatsoever, except tnat heretofore provided, as per diem, which shall be paid by their respective cities.

SEC. 11. [Change of residence.]-If any person who has been registered as a legal voter in one district, shall move into another, he shall take from the officer of registration a certificate of the facts of his registration and removal. Upon his satisfying the above named officers that he has removed, the certificate

shall issue, and shall be received by the judges of election as evidence of his right to vote, which certificate shall be returned with the poll books to the county clerk, 'and be filed by him as other county records, and preserved.

SEC. 12. [Division of district.-In case any city shall be divided or in any other manner so arranged as to form portions of different election districts, for the election of a senator, member of the house of representatives, or other officer or officers, a person to be entitled to vote for such officer or officers, must have been a resident of that part of the city in which he offers to vote, the time required by law next preceding the election, and be registered therein as a qualified voter; in case of a division of a ward or precinct, registrars of the ward or precinct divided shall continue to act as though no division had taken place, each registrar acting as such in the new precinct or ward where his residence may be. Registrars shall be appointed where none exist in the newly created wards or precincts, and boards of registration shall be filled whenever required in said precinct in the same manner as registrars are originally appointed.

SEC. 13. [Unregistered voters disqualified Challenge to registered voter.-The judges of election shall not receive or deposit the ballot of any person until they have first found his name on the list of qualified voters and have checked it thereon, and the same appearing on said list is sufficient evidence for the judges of election to receive and deposit the ballot, and no challenge shall be entertained.

SEC. 14. [Lists Examination.]-The clerks of the several counties in this state in whose office said list of qualified voters is deposited and filed, shall permit examinations of the list of qualified voters to be made, only in the manner allowed in relation to other records in his said office, and in his presence or in the presence of his deputy; Provided, however, That said lists are under no circumstances to be taken from said office, or in any manner altered or changed.

SEC. 15. [Violation of act by registrar-Penalty.]-If any officer of registration shall knowingly, corruptly, and fraudulently, in violation of the provisions of this act, permit the name of any disqualified voter, he shall, upon conviction thereof, forfeit and pay a fine of not less than one hundred dollars, nor more than five hundred dollars, and in default of payment to be committed to the county jail till such fine is fully paid, each day in said jail counting as three dollars per day.

SEC. 16. [Same by county clerk.] - That if any clerk of any county with whom said lists herein provided are required to be deposited, shall violate any of the provisions of this act, or make any changes or alterations in said lists, or suffer the same to be done by others except as herein provided for, or shall neglect any of the duties herein imposed on him, he shall, on conviction thereof, forfeit and pay a fine of not less than two hundred dollars, or more than one thousand dollars, to be collected from his official securities.

SEC. 17. [Same by judge of election.]-That if any judge of election shall knowingly violate any of the provisions of this act, he shall, on conviction thereof, forfeit and pay a fine of not less than two hundred nor more than one thousand dollars, and shall be disqualified from holding office and from voting.

SEC. 18. [False swearing-Penalty. That any person swearing falsely, in violation to any matters connected herewith, or swearing falsely in relation to any matter touching his qualifications as a voter and his right to be registered as such, shall, on conviction thereof, be deemed guilty of perjury, and shall be sentenced to the state penitentiary for not less than one nor more than eight years, and be disqualified from voting and holding office.

SEC. 19. [Application of act to all elections.]-This act shall apply to municipal as well as county and state elections, and to special as well as general elections; the said registrar shall sit for one day, or more if necessary, in the week preceding the holding of a municipai or special election, for the purpose of adding and correcting a registration already made; notice shall be given of said

SEC. 13. But see sec. 26 ante p. 260, passed subsequent to this section.