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SECTION 1. All officers whose election or appointment is not otherwise provided for, shall be chosen or appointed as may be prescribed by law.
SEC. 2. The tenure of any office not herein provided for may be declared by law; when not so declared such office shall be held during the pleasure of the authority making the appointment, but the legislature shall not create any office the tenure of which shall be longer than four years.
Sec. 3. Lotteries and the sale of lottery tickets are forever prohibited.
SEC. 4. All public printing shall be done by the state printer, who shall be elected by the people at the election held for state officers in November, 1906, and every two years thereafter, at the election held for state officers, and shall hold his office for two years and until his successor shall be elected and qualified.
Sec. 5. An accurate and detailed statement of the receipts and expenditures of the public moneys, and the several amounts paid, to whom, and on what account, shall be published, as prescribed by law.
Sec. 6. The legislature shall provide for the protection of the rights of women in acquiring and possessing property, real, personal and mixed, separate and apart from the husband; and shall also provide for their equal rights in the possession of their children.
Sec. 7. The legislature may reduce the salaries of officers who shall neglect the performance of any legal duty.
SEC. 8. The temporary seat of government is hereby located at the city of Topeka, county of Shawnee. The first legislature under this constitution shall provide by law for submitting the question of the permanent location of the capital to a popular vote, and a majority of all the votes cast at some general election shall be necessary for such location.
SEC. 9. A homestead, to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises or for the erection of improvements thereon; provided, the provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife.
SEC. 10. The manufacture and sale of intoxicating liquors shall be forever prohibited in this state, except for medical, scientific and mechanical purposes.
SCHEDULE SECTION 1. That no inconvenience may arise from the change from a territorial government to a permanent state government, it is de
o Adoptel November, 1904,
bAdopted November, 1880.
clared by this constitution, that all suits, rights, actions, prosecutions, recognizances, contracts, judgments and claims, both as respects individuals and bodies corporate, shall continue as if no change had taken place.
SEC. 2. All fines, penalties and forfeitures, owing to the territory of Kansas, or any county, shall inure to the use of the state or county. All bonds executed to the territory, or any officer thereof in his official capacity, shall pass over to the governor, or other officers of the state or county, and their successors in office, for the use of the state or county, or by him or them to be respectively assigned over to the use of those concerned, as the case may be.
Sec. 3. The governor, secretary and judges, and all other officers, both civil and military, under the territorial government, shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this constitution.
SEC. 4. All laws and parts of laws in force in the territory at the time of the acceptance of this constitution by Congress, not inconsistent with this constitution, shall continue and remain in full force until they expire, or shall be repealed.
Sec. 5. The governor shall use his private seal until a state seal is provided.
Sec. 6. The governor, secretary of state, auditor of state, treasurer of state, attorney-general, and superintendent of public instruction shall keep their respective oflices at the seat of government.
Sec. 7. All records, documents, books, papers, moneys and vouchers belonging and pertaining to the several territorial courts and offices and to the several district and county offices, at the date of the admission of this state into the Union, shall be disposed of in such manner as may be prescribed by law.
SEC. 8. All suits, pleas, plaints and other proceedings pending in any court of record, or justice's court, may be prosecuted to final judgment and execution; and all appeals, writ of error, certiorari, injunctions, or other proceedings whatever, may progress and be carried on as if this constitution had not been adopted and the legislature shall direct the mode in which such suits, pleas, plaints, prosecutions and other proceedings, and all papers, records, books and documents connected therewith, may be removed to the courts established by this constitution.
SEC. 9. For the purpose of taking the vote of the electors of this territory for the ratification or rejection of this constitution, an election shall be held in the several voting precincts in this territory, on the first Tuesday in October, A. D. 1859.
Sec. 10. Each elector shall express his assent or dissent by voting a written or printed ballot labeled “ For the constitution," or " Against the constitution."
Sec. 11. If a majority of all votes cast at such election shall be in favor of the constitution, then there shall be an election held in the several voting precincts on the first Tuesday in December, A. D. 1859, for the election of members of the first legislature, of all state, district and county oflicers provided for in this constitution, and for a representative in Congress.
Sec. 12. All persons having the qualification of electors, according to the provisions of this constitution, at the date of each of said elections, and who shall have been duly registered according to the pro
visions of the registry law of this territory, and none others, shall be entitled to vote at each of said elections.
Sec. 13. The persons who may be judges of the several voting precincts of this territory at the date of the respective elections in this schedule provided for, shall be the judges of the respective elections herein provided for.
SEC. 14. The said judges of election, before entering upon the duties of their office, shall take and subscribe an oath faithfully to discharge their duties as such. They shall appoint two clerks of election, who shall be sworn by one of said judges faithfully to discharge their duties as such. In the event of a vacancy in the board of judges the same shall be filled by the electors present.
SEC. 15. At each of the elections provided for in this schedule the polls shall be open between the hours of nine and ten o'clock a. m., and close at sunset.
Sec. 16. The tribunals transacting county business of the several counties, shall cause to be furnished to the boards of judges in their respective counties two poll-books for each election hereinbefore provided for, upon which the clerks shall inscribe the name of every person who may vote at the said elections.
SEC. 17. After closing the polls at each of the elections provided for in this schedule, the judges shall proceed to count the votes cast, and designate the persons or objects for which they were cast, and shall make two correct tally-lists of the same.
SEC. 18. Each of the boards of judges shall safely keep one pollbook and tally-list, and the ballots cast at each election; and shall, within ten days after such election, cause the other poll-book and tally-list to be transmitted, by the hands of a sworn officer, to the clerk of the board transacting county business in their respective counties, or to which the county may be attached for municipal purposes.
Sec. 19. The tribunals transacting county business shall assemble at the county-seats of their respective counties on the second Tuesday after each of the elections provided for in this schedule, and shall canvass the votes cast at the elections held in the several precinets in their respective counties, and of the counties attached for municipal purposes. They shall hold in safe-keeping the poll-books and tally-lists of said elections, and shall, within ten days thereafter, transmit, by the hands of a sworn officer, to the president of this convention, at the city of Topeka, a certified transcript of the same, showing the number of votes cast for each person or object voted for at each of the several precincts in their respective counties, and in the counties attached for municipal purposes, separately.
SEC. 20. The governor of the territory, and the president and secretary of the convention shall constitute a Board of State Canvassers, any two of whom shall be a quorum; and who shall, on the fourth Monday after each of the elections provided for in this schedule, assemble at said city of Topeka, and proceed to open and canvass the votes cast at the several precincts in the different counties of the territory and declare the result; and shall immediately issue certificates of election to all persons (if any) thus elected.
SEC. 21. Said Board of State Canvassers shall issue their proclamation not less than twenty days next preceding each of the elections provided for in this schedule. Said proclamation shall contain an announcement of the several elections, the qualifications of electors,
the manner of conducting said elections and of making the returns thereof, as in this constitution provided, and shall publish said proclamation in one newspaper in each of the counties of the territory in which a newspaper may be then published.
SEC. 22. The Board of State Canvassers shall provide for the transmission of authenticated copies of the constitution to the president of the United States, the president of the senate and speaker of the house of representatives. · SEC. 23. Upon official information having been by him received of the admission of Kansas into the Union as a state, it shall be the duty of the governor elect under the constitution, to proclaim the same and to convene the legislature and do all things else necessary to the complete and active organization of the state government.
SEC. 24. The first legislature shall have no power to make any changes in county lines.
SEC. 25. At the election to be held for the ratification or rejection of this constitution, each elector shall be permitted to vote on the homestead provision contained in the article on “ Miscellaneous," by lepositing a ballot inscribed “ For the homestead," or "Against the homestead "; and if a majority of all the votes cast at said election
a shall be against said provision, then it shall be stricken from the constitution,
RESOLUTIONS Resolved, That the Congress of the United States is hereby requested, upon the application of Kansas for admission into the Union, to pass an act granting to the state forty-five hundred thousand acres of land to aid in the construction of railroads and other internal improvements.
Resolved, That Congress be further requested to pass an act appropriating fifty thousand acres of land for the improvement of the Kansas river from its mouth to Fort Riley.
Resolved, That Congress be further requested to pass an act granting all swamp lands within the state for the benefit of common schools.
Resolved, That Congress be further requested to pass an act appropriating five hundred thousand dollars, or in lieu thereof five hundred thousand acres of land, for the payment of the claims awarded to citizens of Kansas by the claim commissioners appointed by the governor and legislature of Kansas under an act of the territorial legislature passed 7th February, 1859.
Resol red, That the legislature shall make provision for the sale or disposal of the lands granted to the state in aid of internal improvements and for other purposes, subject to the same rights of preemption to the settlers thereon as are now allowed by law to settlers on the public lands.
Resolrell, That it is the desire of the people of Kansas to be admitted into the Union with this constitution.
Resolvedl, That ('ongress be further requested to assume the debt of this territory.
Done in convention at Wyandotte, this 29th day of July, A. 1). 1859. [Signed]
JAMES M. WINCHELL, President, and Member from Osage county.