be awarded the custody of such child or children, the probate judge shall order that such child or children shall remain in the custody of the mother, until the custody of such children shall be otherwise ordered by the district court; Provided, That such order shall never be made when it shall appear by the proof [that] the wife is the offending party. [Id. § 2.]

CHAPTER 26.-ELECTIONS.

SECTION 1. [When held.-The general election of this state shall be held on Tuesday succeeding the first Monday in November of each year. [1879, 240.] SEC. 2. [Officers to be elected.]-All state, district, county, precinct and township officers, by the constitution and laws made elective by the people, except school district officers, and municipal officers in cities and villages, shall be elected at a general election to be held at the time provided in the preceding section.

SEC. 3. (Qualifications of voters.]-Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the state six months, in the county forty days, and in the precinct, township, or ward ten days, shall be an elector. First. Citizens of the United States. Second. Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization at least thirty days prior to an election.

SEC. 4. Disqualification.)-No person shall be qualified to vote who is non compos mentis, or who has been convicted of treason or felony under the law of the state, or of the United States, unless restored to civil rights.

SEC. 5. Soldiers and sailors.-No soldier, seaman, or marine in the army and navy of United States, shall be deemed a resident of the state in consequence of being stationed therein.

SEC. 6. [Privileges.]-Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and going to and returning from the same, and no elector shall be obliged to do military duty on the days of election, except in time of war and public danger. SEC. 7. [Officers elected.] -One judge of the supreme court, and two regents of the university shall be elected in the year 1879, and every second year thereafter, who shall serve for the term of six years. Judges of the district court shall be elected in the year 1879, and every four years thereafter. The governor, heutenant-governor, congressmen, state treasurer, auditor of public accounts, secretary of state, attorney general, commissioner of public lands and buildings, superintendent of public instruction, one district attorney for each judicial district and members of the legislature shall be elected in the year 1880, and every second year thereafter. In counties not under township organization, one county judge, one sheriff, one coroner, one county treasurer, one county clerk, one county surveyor, and one county superintendent of public instruction shall be elected in the year 1879, and every second year thereafter, and in each precinct two justices of the peace and two constables shall be elected in the year 1879, and every second year thereafter, and three judges and two clerks of election, one assessor and one overseer of highways for each road district shall be elected in the year 1879, and annually thereafter, and one county commissioner shall be elected annually, who shall serve three years. In counties under township organization, one county judge, one sheriff, one coroner, one county treasurer, one county clerk, one county surveyor, and one county superintendent of public instruction, shall be elected at the first general election after the adoption of township organization, and every second year thereafter. At the first general election in each township after the adoption of township organization, one supervisor, one town clerk, one town

NOTE." An act to provide a general election law, the procedure relative to contested elections, and the Alling of vacancies in office." Took effect September 1, 1879. Laws 1879, 240.

NOTE. also, that "an act to provide for election of electors of president and vice president," approved Oct. 28. 1868 and published in Laws 1860, p. 221, incorporated in Gen. Stat. 366, sec. 55-63, was repealed by act of 1877. [Laws p. 146] which was in turn repealed by sec 112 of the act given in the text.

Szc. 7. Clerk district court. 10 Neb. 507

treasurer, three judges and two clerks of election, one assessor, and one overseer of highways for each road district, shall be elected, and annually thereafter; and two justices of the peace and two constables shall be elected at said election, and every second year thereafter; and at the first general election after the adoption of township organization in any county, in each city and in each village, one supervisor for every one thousand inhabitants therein, one assessor, three judges and two clerks of election shall be elected, and annually thereafter; and in each ward, and in each village having more than five hundred inhabitants, two justices of the peace and two constables shall be elected at said election, and every second year thereafter. In each county having a population of 8,000 inhab itants, or more, there shall be elected in the year 1879, and every four years thereafter, a clerk of the district court in and for such county, and in each county having a population of less than 8,000 inhabitants the county clerk shall be ex-officio clerk of the district court, and perform all the duties devolving upon that officer by law. All county, precinct and township officers created by statute, or that may be hereafter created, shall be elected at such general elections as may be provided in the law creating the office or offices.

SEC. 8. [Presidential electors.]-Electors of president and vice-president shall be elected at the general election in the year 1880, and every four years thoreafter, on such day as congress may appoint, said electors to be chosen from the state at large.

SEC. 9. [United States senator.]-At the general election immediately preceding the expiration of the term of a United States senator from this state, the electors shall, by ballot, express their preference for some person for the office of United States senator. The votes to be canvassed and returned in the manner hereinafter provided.

SEC. 10. [County treasurer.]-A county treasurer shall be ineligible to office for more than two consecutive terms.

SEC. 11. [Proclamation.]-Thirty days previous to any election at which any state officer is to be elected, the governor shall issue his proclamation desig nating all the offices to be filled by the vote of all the electors of the state, or by those of any congressional, legislative, or judicial district, and transmit a copy thereof by mail to the county clerk of each county.

SEC. 12. [Notice.]-At least twenty days previous to any election, the county clerk, in counties not under township organization, shall make out and deliver to the sheriff of his county, or in counties under township organization, to the several town clerks, and to city clerks in cities of the first and second class, three notices thereof for each precinct, township, or ward in which the election in such county is to be held. The notices shall be substantially as follows: "Notice is hereby given, that on Tuesday, the day of November, —, next, at the house of in an election will be held for governor, etc., (naming all the state and other officers to be balloted for), which election will be open at eight o'clock in the morning, and will continue open until six o'clock in the afternoon of the same day. Dated this

day of

A. D. 18-.

A. B., County Clerk.

SEC. 13. [Posting notices.]-The said sheriff, or town or city clerk to whom the notices are delivered, shall post up in three of the most public places in each precinct, township or ward, the three notices therefor, at least ten days before the time of holding any election.

SEC. 14. [Opening polls.]-At all elections the polls shall be opened at eight o'clock in the morning, and close at six o'clock in the afternoon of the same day; but if the judges and clerks shall not attend at the hour of eight o'clock in the morning, or if it shall be necessary for the electors present to appoint judges and clerks, or any of them, as hereinafter prescribed, the polls may, in that case, be opened at any time before the time for closing the same shall arrive, as the case may require.

SEC. 15. [Oath of officers.]-Previous to any vote being taken, the judges

and clerks of election shall severally take an oath or affirmation according to the form prescribed in chapter on official bonds.

SEC. 16. [Administering oath.]-In case there shall be no judge or justice of the peace present at the opening of the polls, it shall be lawful for the judges of election to administer the oath or affirmation to each other and the clerks of election; and the person administering such oath or affirmation shall cause an entry thereof to be made and subscribed by him, and prefixed to each poll book.

SEC. 17. Vacancies.]-In the event of any person or persons elected, or that have been appointed as herein provided for, shall not attend at the time and place of holding such election, the electors present shall choose the requisite number of persons to fill the respective offices of clerks and judges of election, and the person or persons thus chosen shall qualify as provided in the last two preceding sections.

SEC. 18. [Proclamation.]-Upon opening the polls, one of the judges of election shall make proclamation of the same, and at least thirty minutes before the closing of the polls proclamation shall be made in like manner that the polls will be closed in half an hour.

SEC. 19. [Ballot box.]-Before any ballot shall be deposited in the ballot box the ballot box shall be publicly opened and exhibited, and the judges and clerks shall see that no ballot is in such box; after which the box shall be locked and the key delivered to one of the judges, and shall not be again opened until the close of the polls; and the ballot box shall not be removed from the view of the electors present until the polls are closed and all the votes shall have been counted and canvassed; nor shall two of the judges be absent from the room or building in which the election is held, at the same time, during such voting and canvassing.

SEC. 20. [Form of poll books.]-The county clerk, previous to the opening of the polls, shall prepare duplicate poll books, in the manner and form following:

Poll books of an election, held in

county, on the

precinct, day of

A. D.

township, or at which

ward, in time A. B., C. D., and E. F., were judges, and G. H., and I. K., were clerks of said election-the following named persons voted thereat:

NUMBERS AND NAMES OF ELECTORS.

No. 1. A. B.

No. 2. C. D.

No. 3. E. F.

No. 4. G. H.

We do hereby certify, that the above is a true list of the persons voting at the above named election.

TALLY LIST OF PERSONS VOTED FOR, AND FOR WHAT OFFICE, CONTAINING THE NUMBER OF VOTES FOR EACH CANDIDATE.

SEC. 21. [Ballots.]-The ballots shall designate the office for which the

persons therein named are voted for.

SEC. 22. [Receiving ballots.]-One of the judges of election shall receive each ballot from the person offering to vote, at the same time announcing the name of such person in a clear, distinct voice, and if his right to vote be not challenged, or in cities of the first and second class if the name of the person offering to vote is on the register list, his ticket shall be placed in the ballot box, without inspecting the names written or printed thereon, and the clerks of election shall enter the name of the voter and the number in each poll book, when his ballot is received.

SEC. 23. [Ballot boxes.]-The county board shall provide a sufficient number of ballot boxes, with secure locks and keys, at the expense of the county, for the several precincts or districts; and each ballot box at the close of each election shall be deposited with one of the judges of election, who shall take charge of the same and be responsible for its safe keeping; and he shall convey said ballot box, or cause it to be conveyed, to the place of holding elections in his precinct, township or ward, at the next general or special election, and deliver or cause the same to be delivered, to one of the judges of said election.

SEC. 24. [Preservation of order.]—Any constable of the precinct, township or ward, who may be designated by the judges of election, is directed to attend at the place of election and he is authorized and required to preserve order and peace at and about the same; and if no constable be in attendance the judges of election may appoint one or more specially, by writing, who shall have all the powers of a regular constable.

SEC. 25. [Arrests.]-If any person conducts in a noisy, riotous or tumultuous manner, at or about the polls so as to disturb the election, or insults or abuses the judges or clerks of election, and persists in such conduct after being warned to desist, the constable shall forthwith arrest him without warrant, and bring him before the nearest justice of the peace to be dealt with according to law; but such person shall be permitted to vote.

SEC. 26. [Duties of officers where registration is made.]-The judges in cities of the first and second class where the registry law is in force, shall designate one of their number to check on the register the name of every person voting; and no vote shall be received from any person whose name does not appear there, unless he shall furnish the judges his affidavit, showing that he is a qualified elector, and a sufficient reason for not appearing before the registrar, and shall also prove by the affidavit of one elector whose name is on the register, that such affiant knows him to be a resident of that city, giving his residence by street and number, as the same is in such case required to appear on the register. Said affidavits shall be kept by the judges and by them filed in the office of the county clerk, and all such affidavits may be administered by either of the judges or clerks of election.

SEC. 27. (Challenge.]-Any person offering to vote, whether his name be on the register or not, may be challenged as unqualified by any judge or elector; and it is the duty of each of the judges to challenge any person offering to vote whom he knows or suspects not to be duly qualified.

SEC. 28. [Oath.]-If any person offering to vote is challenged by one of the judges of the election, or by an elector, one of the judges shall tender to him the following oath or affirmation:

"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 and qualifications as an elector at this election."

SEC. 29. [Questions.]-If the person be challenged on the ground that he has not made his declaration of intention to become a citizen of the United States, the judges, or one of them, shall put the following question, provided that the person so challenged does not produce his intention papers: "Have you made your declaration of intention to become a citizen of the United States ?"

If the person be challenged on the ground that he has not resided in this state for six months immediately preceding the election, the judges, or any one of them

shall put the following questions: First. "Have you resided in this state for six months immediately preceding this election?" Second. "Have you been absent from this state within the six months immediately preceding this election?" If he answers "Yes," then,-Third. "When you left, did you leave for a temporary purpose, with the design of returning, or for the purpose of remaining away?" Fourth. "Did you, while absent, look upon and regard this state as your home?" Fifth. "Did you, while absent, vote in any other state or territory ?"

If the person be challenged on the ground that he is not a resident of the county, precinct, township, or ward where he offers to vote, the judges, or one of them, shall put the following questions: First. "Have you resided in this county for forty days last past?" Second. "Have you resided in this precinct (or ward) for the last ten days?" Third. "When did you last come into this county?" Fourth. "When you came into this county, was it for temporary purposes merely, or for the purpose of making it your home?" Fifth. Did you come into this county for the purpose of voting therein ?" Sixth. "Are you now an actual resident of this precinct or ward ?"

If the person be challenged on the ground that he is not twenty-one years of age, the following question shall be put: "Are you twenty-one years of age, to the best of your knowledge and belief?" The judges of the election, or one of them, shall put all such other questions to the person challenged under the respective provisions of section two of this chapter, as may be necessary to test his qualifications as an elector at that election.

SEC. 30. [Refusal to swear.--If any person shall refuse to take the oath or affirmation provided for in this chapter, his vote shall be rejected.

SEC. 31. [Final oath if challenge not withdrawn.)-If a person's vote be challenged, and such challenge be not withdrawn after he shall have answered the foregoing questions, or such of them as may be necessary, one of the judges shall tender to him the following oath:

"You do solemnly swear (or affirm) that you are a citizen of the United States (or have declared your intention to become such), that you have been an inhabitant of the state of Nebraska for the last six months, and of the county of -for the last forty days, and of this precinct for the last ten days; that you have attained the age of twenty-one years, to the best of your knowledge ahd belief."

And it shall be the duty of the clerks of election to write on the poll books, at the end of such person's name, "sworn."

SEC. 32. [Residence defined.-The judges of election, or in cities of the first and second class, the registrars of voters, in determining the residence of a person offering to vote, shall be governed by the following rules, so far as the same may be applicable: First. That place shail be considered and held to be the residence of a person in which his habitation is fixed, without any present intention of removing therefrom, and to which, whenever he is absent he has the intention of returning. Second. A person shall not be considered or held to have lost his residence, who shall leave his home and go into another territory or state, or county of this state, for temporary purposes merely, with the intention of returning; Provided, That six months consecutive residence in this state shall be necessary to establish a residence within the meaning of this chapter. Third. A person shall not be considered and held to have acquired a residence in any county of this state into which he shall have come for temporary purposes merely without the intention of making it his residence. Fourth. If a person remove to another territory or state, intending to make it his permanent residence, he shall be considered and held to have lost his residence in this state. Fifth. If a person remove to another state or territory, intending to remain there for an indefinite time, and as a place of present residence, he shall be considered and held to have lost his residence in this state, notwithstanding he may intend to return at some future period. Sixth. The place where a married man's family resides shall generally be considered and held to be his residence; but if it is a place of temporary establishment only, or for transient purposes, it shall be otherwise. Seventh.