PART I. OF THE SOVEREIGNTY AND PEOPLE OF THE STATE, AND OF THE POLITICAL RIGHTS AND DUTIES OF ALL PERSONS Title I. SUBJECT TO ITS JURISDICTION. Sovereignty of the State, §§ 30-44. II. Persons Composing the People of the State, §§ 50-52. III. Political Rights and Duties of All Persons Subject to the Jurisdiction of the State, §§ 54-60. TITLE I. SOVEREIGNTY OF THE STATE. Chapter I. Residence of Sovereignty, § 30. II. Territorial Jurisdiction of the State, §§ 33-35. III. § 30. SOVEREIGNTY RESIDES IN THE PEOPLE. The sovereignty of the state resides in the people thereof, and all writs and processes must issue in their name. Enacted March 12, 1872. As to extent of legislative power of state legislature, being unlimited, except as restrained by the constitution, see Mitchell v. Winneck, 117 Cal. 520, 49 Pac. 579; People v. Osborne, 7 Colo. 605, 4 Pac. 1074; State ex rel. Terre Haute v. Kolsem, 130 Ind. 434, 14 L. R. A. 566, 29 N. E. 295; Hollenbeck v. Hahn, 2 Neb. 377; State ex rel. Packard v. Nelson, 34 Neb. 173, 51 N. W. 652; Smiley v. MacDonald, 42 Neb. 5, 47 Am. St. Rep. 684, 27 L. R. A. 540, 60 S. W. 355; Pelzer v. Campbell, 15 S. C. 581, 40 Am. Rep. 705; State ex rel. Wagner v. Compson, 34 Oreg. 25, 54 Pac. 349; Thorpe v. Rutland § B. R. Co., 27 Vt. 140, 62 Am. Dec. 625; see, also, note 62 Am. Dec. 628. § 33. TERRITORIAL JURISDICTION, LIMITATIONS ON. The sovereignty and jurisdiction of this state extends to all places within its boundaries as established by the constitution, but the extent of such jurisdiction over places that have been or may be ceded to, purchased, or condemned by the United States, is qualified by the terms of such cession or the laws under which such purchase or condemnation has been or may be made. Enacted March 12, 1872. § 34. LEGISLATIVE CONSENT TO PURCHASE, ETC., OF LANDS BY UNITED STATES FOR PUBLIC USE; JURISDICTION OVER. The legislature consents to the purchase or condemnation by the United States of any tract of land within this state for the purpose of erecting forts, magazines, arsenals, dockyards, and other needful buildings, upon the express condition that all civil process issued from the courts of this state, and such criminal process as may issue under the authority of this state, against any person charged with crime, may be served and executed thereon in the same mode and manner and by the same officers as if the purchase or condemnation had not been made. Enacted March 12, 1872. § 35. CONVEYANCE OF STATE LANDS FOR LIGHTHOUSE SITE. The governor, on application therefor by a duly authorized agent, may convey to the United States any tract of land not exceeding ten acres, belonging to the state and covered by navigable waters, for the site of a lighthouse, beacon, or other aid to navigation. After such conveyance the United States shall have jurisdiction over such tract, subject to the right of the state to have concurrent jurisdiction so far that all process, civil or criminal, issued under authority of the state may be executed by the proper officers thereof within such tract, upon any person or persons amenable to the same, in like manner and with like effect as if such conveyance had not been made. Enactment approved March 18, 1907, Stats. and Amdts. 1907, p. 581, Kerr's Stats. and Amdts. 1906-7, p. 5. CHAPTER III. GENERAL RIGHTS OF THE STATE OVER PERSONS. § 37. Rights over persons enumerated. § 37. RIGHTS OVER PERSONS ENUMERATED. The state has the following rights over persons within its limits, to be exercised in the cases and in the manner provided by law: 1. To punish for crime; 2. To imprison or confine for the protection of the public peace or health or of individual life or safety; 3. To imprison or confine for the purpose of enforcing civil remedies; 4. To establish custody and restraint for the persons of idiots, lunatics, drunkards, and other persons of unsound mind; 5. To establish custody and restraint of paupers for the purposes of their mainte nance; 6. To establish custody and restraint of minors unprovided for by natural guardians, for the purposes of their education, reformation, and maintenance; 7. To require services of persons, with or without compensation: In military duty; in jury duty; as witnesses; as town or village officers; in highway labor; in maintaining the public peace; in enforcing the service of process; in protecting life and property from fire, pestilence, wreck, and flood; and in such other cases as are provided by statute. Enacted March 12, 1872. As to declaration of rights of people, see Const. 1879, art. I, §§ 1-24. to all property, real and personal, within the limits of this state, is in the people thereof. Enacted March 12, 1872. As to ownership of property by state, see Kerr's Small Civ. Code (1923 edition), § 669, 670 and notes. note. As to who may own property, see Kerr's Small Civ. Code (1923 edition), § 671 and § 41. PROPERTY ESCHEATS, WHEN. All property, real and personal, within the limits of this state, which does not belong to any person, belongs to the people. Whenever the title to any property fails for want of heirs or next of kin, it reverts to the people. Enacted March 12, 1872. As to duty of attorney-general in reference to escheated property, and actions relating thereto, see, post, § 474. As to duty of controller in refernce to escheated property, see post, § 437. As to escheated estate, see Kerr's Small Code Čiv. Proc. (1923 edition), §§ 12691272 and notes. As to non-resident aliens taking property by succession must appear and claim same within five years or be barred, see Kerr's Small Civ. Code (1923 edition), §§ 672, 1404 and notes. As to ownership of property by state, see Kerr's Small Civ. Code (1923 edition), 669, 670 and notes. As to proceedings by attorney-general when succession not claimed, see Kerr's Small Civ. Code (1923 edition), § 1405 and note. As to proceedings relative to escheated estates, see Kerr's Small Code Civ. Proc. (1923 edition), §§ 1269-1272 and notes. As to when property escheats to state, see Kerr's Small Civ. Code (1923 edition), 1406 and notes. As to who may own property, see Kerr's Small Civ. Code (1923 edition), § 671 and notes. As to constitutionality of 1273 Code Civ. Proc., so far as it effects national banks, see Kerr's Small Civ. Code Proc. (1923 edition), § 1273 and note. § 42. INTRUDERS ON PUBLIC LANDS OF THE STATE. If any person, under any pretense of any claim inconsistent with the sovereignty and jurisdiction of the state, intrudes upon any of the waste or ungranted lands of the state, the district attorney of the county must immediately report the same to the governor, who must thereupon, by a written order, direct the sheriff of the county to remove the intruder; and if resistance to the execution of the order is made or threatened, the sheriff may call to his aid the power of the county, as in cases of resistance to the writs of the people. Enacted March 12, 1872. As to duty of sheriff to command aid of male inhabitants of county, see, post, 4176, subd. 5. § 43. ACQUISITION BY TAXATION AND ASSESSMENT. acquire property by taxation in the modes authorized by law. Enacted March 12, 1872. As to assessment of property, see, post. §§ 3627-3671. As to collection of property taxes, see, post, §§ 3746-3819. The state may As to collection of taxes by the assessor on certain personal property, see, post, 3820-3831. As to definition of property, see, post, § 3617; aiso Kerr's Small Civ. Code (1923 edition), §§ 14, 607 and notes. As to duties of auditor in relation to revenue, see, post, §§ 3727-3739. As to equalization of taxes, see, post, §§ 3672-3705. As to levy of taxes and assessments, see, post, §§ 3713-3719. As to property liable to taxation, see, post, §§ 3607-3611 and notes. As to settlements with the controller and payments into state treasury, see, post, §§ 3865-3880. § 44. BY RIGHT OF EMINENT DOMAIN. It may acquire or authorize others to acquire title to property, real or personal, for public use, in the cases and in the mode provided in title seven, part three of the Code of Civil Procedure. Enacted March 12, 1872. As to eminent domain, its purposes, the rights of, and procedure relative thereto, see Kerr's Small Code Civ. Proc. (1923 edition), §§ 1237-1260 and notes. As to right of eminent domain in acquiring land for public highways, see, post, § 2696 and note. All frontages on navigable waters of the state are subject to right of eminent domain. See Const. 1879, art. XV, § 1. Property and franchises of corporations subject to right of eminent domain. See Const. 1879, art. XII, § 8. |