Page images

SEC. 8. The privilege of the writ of habeas cor- Habeas corpus pus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it, and then only in such manner as shall be prescribed by law.

SEC. 9. All persons shall be bailable by sufficient Bail. sureties, except for treason and murder, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


SEC. 10. No person shall be held to answer for Criminal a criminal offense, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in case of impeachment, and in cases arising in the army and navy or in the militia, when in actual service in time of war or public danger, unless on a presentment or indictment of a grand jury; Provided, That the legislature may by law provide for holding persons to answer for criminal offenses on information of a public prosecutor, and may by law abolish, limit, change, amend, or otherwise regulate the grand jury system.


SEC. 11. In all criminal prosecutions the ac- Impartial trial cused shall have the right to appear and defend in person or by counsel, to demand the nature and cause of accusation, and to have a copy thereof; to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.

against self;

SEC. 12. No person shall be compelled, in any Evidence criminal case, to give evidence against himself, or twice in jeopbe twice put in jeopardy for the same offense.


Justice admin- SEC. 13. All courts shall be

istered without delay.

[blocks in formation]


and open, person, for any injury done him in his lands, goods, person, or reputation, shall have a remedy by due course of law, and justice administered without denial or delay.

SEC. 14. Treason against the state shall consist only in levying war against the state, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

SEC. 15. All penalties shall be proportioned to the nature of the offense, and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the state for any offense committed within the state.

SEC. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed.

SEC. 17. The military shall be in strict subordination to the civil power.

SEC. 18. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.

SEC. 19. The right of the people peaceably to assemble to consult for the common good, and to petition the government, or any department thereof shall never be abridged.

SEC. 20. No person shall be imprisoned for debt in any civil action on mesne or final process, unless in cases of fraud.

SEC. 21. The property of no person shall be

taken or damaged for public use without just compensation therefor.


SEC. 22. All elections shall be free; and there Freedom of shall be no hindrance or impediment to the right

of a qualified voter to exercise the elective franchise.

SEC. 23. The writ of error shall be a writ of Writ of error. right in all cases of felony; and in capital cases shall operate as a supersedeas to stay the execution of the sentence of death until the further order of the supreme court in the premises.

SEC. 24. The right to be heard in all civil cases cases. Rights in civil in the court of last resort by appeal, error, or otherwise, shall not be denied.

SEC. 25. No distinction shall ever be made by Aliens. law between resident aliens and citizens in reference to the possession, enjoyment, or descent of property.

tained by

SEC. 26. This enumeration of rights shall not Powers rebe construed to impair or deny others retained by people. the people, and all powers not herein delegated remain with the people.


Division of


SECTION 1. The powers of the government of p this state are divided into three distinct departments: the legislative, executive, and judicial, and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.

Legislative authority.

Census; legislative apporionment.

Number of members; sessions.

Terms of office; compensation.

[blocks in formation]

SECTION 1. The legislative authority is vested in a senate and house of representatives.

SEC. 2. The legislature shall provide by law for an enumeration of, the inhabitants of the state in the year eighteen hundred and eighty-five, and every ten years thereafter; and at its first regular session after each enumeration and also after each enumeration made by the authority of the United States, but at no other time, the legislature shall apportion the senators and representatives according to the number of inhabitants, excluding Indians not taxed and soldiers and officers of the United States army and navy.

SEC. 3. The house of representatives shall consist of eighty-four members, and the senate shall consist of thirty members, until the year eighteen hundred and eighty, after which time the number of members of each house shall be regulated by law; but the number of representatives shall never exceed one hundred, nor that of senators thirtythree. The sessions of the legislature shall be biennial, except as otherwise provided in this constitution.

SEC. 4. The term of office of members of the legislature shall be two years, and they shall each receive pay at the rate of five dollars per day during their sitting, and ten cents for every mile they shall travel in going to and returning from the place of meeting of the legislature, on the most usual route; Provided, however, That they shall not receive pay for more than sixty days at any one sit

ting, nor more than one hundred days during their



That neither members of the legislature nor employes shall receive any pay or perquisites other than their salary and mileage. Each session, except special sessions, shall be not less than sixty days. After the expiration of forty days of the Introduction of session no bills or joint resolutions of the nature of bills shall be introduced, unless the governor shall by special message call the attention of the legislature to the necessity of passing a law on the subject matter embraced in the message, and the introduction of bills shall be restricted thereto.


SEC. 5. No person shall be eligible to the office who not eliof senator or member of the house of representatives who shall not be an elector, and have resided within the district from which he is elected for the term of one year next before his election, unless he shall have been absent on the public business of the United States, or of this state, and no person elected as aforesaid shall hold his office after he shall have removed from such district.

SEC. 6. No person holding office under the au- Same. thority of the United States, or any lucrative office under the authority of this state, shall be eligible to or have a seat in the legislature; but this provision shall not extend to precinct or township officers, justices of the peace, notaries public, or officers of the militia; nor shall any person interested in a contract with, or an unadjusted claim against the state, hold a seat in the legislature.

held; powers of

SEC. 7. The session of the legislature shall Sessions, when commence at 12 o'clock (noon) on the first Tues- each house. day in January, in the next year ensuing the elec

« PreviousContinue »