084
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084
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and Samuel DeWitt Beals, superintendent of public instruction. The first constitution of the state made no provision for the office of superintendent of public instruction, but "An Act to Establish a system of Public Instruction for the State of Nebraska," passed on the same day as the act to establish the state university, created the office and authorized the governor to appoint a superintendent whose tenure should continue until January 1, 1871, when he would be succeeded by the person chosen at the regular election of 1870. Accordingly, on the next day after the passage of the act, the governor appointed for nomination for the office in the Republican state convention of 1870, but was defeated by John Murray McKenzie, who therefore succeeded to both offices. Subsequently Mr. Beals had a long career as a teacher in the public schools of Omaha.
On February 28, 1871, the two houses of the legislature, in joint convention, elected Dwight J. McCann, of Otoe county, in place of Elliot; Maxfield (still credited to Cass county) and Bruner, each as his own successor; all for the full term of six years from March 1, 1871. Similarly, on the 29th of January, 1873, the legislature elected William D. Scott, of Rulo, Richardson county; James W. Savage, of Omaha; and William Adair, of Dakota City, regents for the full term from March 1, 1873.
On the 16th day of February, 1875, the legislature passed a joint resolution declaring that the office of regent from the first judicial district was vacant because McCann, the nominal incumbent, had removed from the state and had not attended any meeting of the board during the last eighteen months. On the same day and in like manner, the place to which Maxfield had been elected, from the second district, was declared vacant because he had moved to the first district—from Plattsmouth to Beatrice. On the same day the legislature elected Edgar M. Hungerford, of Orleans Sentinel, Harlan county, in the first district, in McCann's place, and Samuel J. Tuttle, of Lincoln, Lancaster county, in the second district, in Maxfield's place. Charles A. Holmes, of Tecumseh, Johnson county, in the first dis-
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