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oval from office, and disqualification to hold and enjoy any office of honor, ust or profit under this State. The foregoing provision for imprisonment ith hard labor shall be construed to authorize the employment of such conct labor on public works or highways, or other labor for public benefit, and e farming out thereof, where and in such manner as may be provided by v; but no convict shall be farmed out who has been sentenced on a charge
murder, manslaughter, rape, attempt to commit rape, or arson: Provided, at no convict whose labor may be farmed out shall be punished for any ilure of duty as a laborer except by a responsible officer of the State; but e convicts so farmed out shall be at all times under the supervision and ntrol, as to their government and discipline, of the Penitentiary Board or me officer of this State.
SEC. 2. The object of punishments being not only to satisfy justice, but ) to reform the offender, and thus prevent crime, murder, arson, burglary d rape, and these only, may be punishable with death, if the General Asnbly shall so enact.
SEC. 3. The General Assembly shall, at its first meeting, make provision • the erection and conduct of a State's Prison or Penitentiary at some cenI and accessible point within the State.
SEC. 4. The General Assembly may provide for the erection of Houses Correction, where vagrants and persons guilty of misdemeanors shall be trained and usefully employed.
SEC. 5. A House or Houses of Refuge may be established whenever the plic interests may require it, for the correction and instruction of other sses of offenders.
Sec. 6. It shall be required by competent legislation that the structure 1 superintendence of penal institutions of the State, the county jails and
police prisons secure the health and comfort of the prisoners, and that le and female prisoners be never confined in the same room or cell.
SEC. 7. Beneficent provision for the poor, the unfortunate and orphan ng one of the first duties of a civilized and Christian State, the General sembly shall, at its first session, appoint and define the duties of a Board Public Charities, to whom shall be entrusted the supervision of all chariile and penal State institutions, and who shall annually report to the Goyor upon their condition, with suggestions for their improvement.
SEC. 8. There shall also, as soon as practicable, be measures devised by • State for the establishment of one or more orphan houses, where destitute hans may be cared for, educated and taught some business or trade.
SEC. 9. It shall be the duty of the Legislature, as soon as practicable, to ise means for the education of idiots and inebriates.
SEC. 10. The General Assembly may provide that the indigent deaf-mute, nd and insane of the State shall be cared for at the charge of the State.9
SEC. 11. It shall be steadily kept in view by the Legislature and the Board Public Charities, that all penal and charitable institutions should be made nearly self-supporting as is consistent with the purposes of their creation.
MILITIA. SECTION 1. All able-bodied male citizens of the State of North Carolina, ween the ages of twenty-one and forty years, who are citizens of the ited States, shall be liable to duty in the militia : Provided, that all peras who may be averse to bearing arms, from religious scruples, shall be einpt therefrom.
SEC. 2. The General Assembly shall provide for the organizing, arming. uipping and discipline of the militia, and for paying the same, when called to active service.
SEC. 3. The Governor shall be commander-in-chief, and shall have power * Amendment proposed by the general assembly of 1879 and ratified on Nov. 2,
The text of the original section is as follows: Section 10. The General Asmbly shall provide, that all the deaf mutes, the blind, and the insane of the State, all be cared for at the charge of the State.
to call out the militia to execute the law, suppress riots or insurrections, il to repel invasion.
Sec. 4. The General Assembly shall have power to make such exemptious as may be deemed necessary, and to enact laws that may be expedient for the government of the militia.
AMENDMENTS. SECTION 1. No convention of the people of this State shall ever be called by the General Assembly, unless by the concurrence of two-thirds of all the members of each House of the General Assembly, and except the propositio Convention or No Convention, be first submitted to the qualified voters of the whole State, at the next general election in a manner to be prescribed by la And should a majority of the votes cast be in favor of said convention, shall assemble on such day as may be prescribed by the General Assembly,
SEC. 2. No part of the Constitution of this State shall be altered un a bill to alter the same shall have been agreed to by three-fifths of House of the General Assembly. And the amendment or amendments so agre to shall be submitted at the next general election to the qualified voters the whole State, in such manner as may be prescribed by law. And in event of their adoption by a majority of the rotes cast, such amendment amendments shall become a part of the Constitution of the State.
MISCELLANEOU'S. SECTION 1. Alimlictments which shall have been found, or may be after be found, for any crime or offense committed before this Constituti takes effect, may be proceeded upon in the proper Courts, but no punishme shall be inflicted which is forbidden by this Constitution.
SEC. 2. No person who shall hereafter fight a duel, or assist in the si as a second, or send, accept, or knowingly carry a challenge therefor, or any to go out of the State to fight a duel, shall hold any office in this State.
SEC. 3. No money shall be drawn from the Treasury but in consequet of appropriations made by law; and an accurate account of the receipts expenditures of the public money shall be annually published.
SEC. 4. The General Assembly shall provide, by proper legislation, giving to mechanics and laborers an adequate lien on the subject-matter their labor.
SEC. 5. In the absence of any contrary provision, all officers of this se whether heretofore elected, or appointed by the Governor, shall hold their le tions only until other appointments are made by the Gorernor, or, if officers are elective, until their successors shall have been chosen and qualified according to the provisions of this Constitution.
SEC. 6. The seat of government in this State shall remain at the city Raleigh.
SEC. 7. No person, who shall hold any oflice or place of trust or moet under the l'uited States, or any department thereof, or under this State, under any other State or Government, shall hold or exercise any other or place of trust or profit under the authority of this state, or be eligible il seat in either House of the General Assembly: Provided, that nothing herd contained shall extend to officers in the militia, Justices of the Peace, Cara missioners of Public Charities, or commissioners for special purposes.
SEC. 8. All marriages between a white person and a negro, or betwei white person and a person of negro descent to the third generation inclus are hereby forever prohibited.
CONSTITUTION OF NORTH DAKOTA-1889.**
eople of North Dakota, grateful to Alinighty God for the blessings il and religious liberty, do ordain and establish this constitution..
DECLARATION OF BIGHTS. x 1. All men are by nature equally free and independent and have lienable rights, among which are those of enjoying and defending berty, acquiring, possessing and protecting property and reputation; ing and obtaining safety and happiness.
All political power is inherent in the people, Government is instithe protection, security and benefit of the people, and they have a ter or reform the same whenever the public good may require.
The state of North Dakota is an inseparable part of the American the constitution of the United States is the supreme law of the
The free exercise and enjoyment of religious profession and worut discrimination or preference, shall be forever guaranteed in this no person shall be rendered incompetent to be a witness or juror on
his opinion on matters of religious belief; but the liberty of coneby secured shall not be so construed as to excuse acts of licenor justify practices inconsistent with the peace or safety of this
The privilege of the writ of habeas corpus shall not be suspended a in case of rebellion or invasion, the public safety may require.
All persons shall be bailable by sufficient sureties, unless for caps. when the proof is evidence or the presumption great. Excessive not be required, nor excessive fines, imposed, nor shall cruel or Inishments be inflicted. Witnesses shall not be unreasonably debe confined in any room where criminals are actually imprisoned.
The right of trial by jury shall be secured to all, and remain ut a jury in civil cases, in courts not of record, may consist of welve men, as may be prescribed by law.
L'ntil otherwise provided by law, no person shall for a felony, be gainst criminally, otherwise than by indictment, except in cases be land or naval forces, or in the militia when in actual service in r or public danger. In all other cases offenses shall be prosecuted by indictment or information. The legislative assembly may change, abolish the grand jury system.
Every man may freely write, speak and publish his opinions on being responsible for the abuse of that privilege. In all civil and als for libel the truth may be given in evidence, and shall be suffile when the matter is published with good motives and for justiand the jury shall have the same power of giving a general verdict cases; and in all indictments or informations for libels the jury the right to determine the law and the facts under the direction as in other cases.
The citizens have a right, in a peaceable manner, to assemble the common good, and to apply to those invested with the powers rnment for the redress of grievances, or for other purposes, by iress or remonstrance.
nvention which drafted the constitution of North Dakota assembled at
July 4 and adjourned on Aug. 17, 1889. On Oct. 1, 1889, the electors adoption or rejection of the constitution as a whole and upon the ratificale 20, concerning Prohibition. The constitution was ratified by a vote of 17. The constitution became effective on Nov. 2, 1889, the day on which 's proclamation admitting North Dakota to the Union was issued.
Sec. 11. All laws of a general nature shall have a uniform operation,
SEC. 12. The military shall be subordinate to the civil power. No standing army shall be maintained by this state in time of peace, and no soldiers 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. 13. In criminal prosecutions in any court whatever, the party accused shall bave the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his bebalf; and to appear and defend in person and with counsel. No person shall be twice put in jeopardy for the same offense, nor be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law.
SEC. 14. Private property shall not be taken or damaged for public use without just compensation having been first made to or paid into court for the owner and no right of way shall be appropriated to the use of any corpm ration, other than municipal, until full compensation therefor be first made in money or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived.
SEC. 15. No person shall be imprisoned for debt unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law; or in cases of tort; or where there is strong presumption of fraud.
SEC. 16. No bill of attainder, ex post facto law, or law impairing the obligations of contracts shall' ever be passed.
SEC. 17. Neither slavery nor involuntary servitude, unless for the pas ishment of crime, shall ever be tolerated in this state.
SEC. 18. The right of the people to be secure in their persons, house papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.
SEC. 19, Treason against the state shall consist only in levying war against it, adhering to its enemies or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court.
SEC. 20. No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the legislative assembly; nor shall any citizen or class of citizens be granted privileges or immunities which upon the same terms shall not be grantel to all citizens.
SEC. 21. The provisions of this constitution are mandatory and probih. itory unless, by express words, they are declared to be otherwise.
SEC. 22. All courts shall be open, and every man for any injury done him in his lands, goods, person or reputation shall have remedy by due process of law, and right and justice administered without sale, denial or delay. Suits may be brought against the state in such manner, in such courts and in sub cases as the legislative assembly may, by law, direct.
SEC. 23. Every citizen of this state shall be free to obtain employment wherever possible, and any person, corporation, or agent thereof, malicions, interfering or hindering in any wily, any citizen fron obtaining or enjoyik employment already obtained. from any other corporation or person, sball | deemed guilty of a misdemeanor.
Sec. 24. To guard against transgressions of the high powers which have delegated, we declare that everything in this article is excepted out it the general powers of gorernment and shall forerer remain inviolate.
LEGISLATIVE DEPARTMENT. SEC. 23. The legislative authority of the state of North Dakota sha!! i vested in a legislative assembly consisting of a senate and house of represen. tires, but the people reserve to themselves power to propose laws and to eur
· reject the same at the polls, independent of the legislative assembly, and $0 reserve power, at their own option, to approve or reject at the polls, any t. item, section or part of any actor measure passed by the legislative sembly. The first power reserved by the people is the initiative, or the power
propose measures for enactment into laws, and at least ten per cent of legal voters to be secured in a majority of the counties of the state shall
required to propose any measure by initiative petition, and every such tition shall include the full text of the measure so proposed. Initiative peti. ns shall be filed with the secretary of state not less than thirty days before y regular session of the legislative assembly; he shall transmit the same to : legislative assembly as soon as it convenes. Such initiative measure shall e precedence over all other measures in the legislative assembly except propriation bills, and shall be either enacted or rejected without change or endment by the legislative assembly within forty days. If any such initia# measure shall be enacted by the legislative assembly it shall be subject referendum petition, or it may be 'referred by the legislative assembly to people for approval or rejection. If it is rejected or no action is taken
it by the legislative assembly within said forty days, the secretary of e shall submit it to the people for approval or rejection at the next ensuing ular general election. The legislative assembly may reject any measure so posed by initiative petition and propose a different one to accomplish the e purpose, and in any such event both measures shall be submitted by secretary of state to the people for approval or rejection at the next ensuregular election. If conflicting measures submitted to the people at the ensuing election shall be approved by a majority of the votes severally
for and against the same, the one receiving the highest number of afirme votes shall thereby become valid, and the other shall thereby be rejected. second power is referendum, or the power to order any act, item, or of any act to be referred to the people for their approval or rejection at polls, and it may be ordered (except as to laws necessary for the immee preservation of the public peace, health or safety), as to any measure iny parts, items or sections of any measures passed by the legislative mbly either by a petition signed by ten per cent of the legal voters of state from a majority of the counties, or by the legislative assembly, if a ority of the members elect vote therefor. When it is necessary for the ediate preservation of the public peace, health or safety that a law shall me effective without delay, such necessity and the facts creating the same I be stated in one section of the bill, and if upon aye and no vote in each
two-thirds of all the members elected to each house shall vote on a rate roll call in favor of the said law going into instant operation for the ediate preservation of the public peace, health or safety, such law shall me operative upon approval by the governor, The filing of a referendum petition against one or more items, sections varts of an act shall not delay the remainder of that act from becoming ative, Referendum petitions against measures passed by the legislative mbly shall be filed with the secretary of state not more than ninety days r the final adjournment of the session of the legislative assembly which ed the measure on which the referendum is demanded. The veto power he governor shall not extend to measures referred to the people. All tions on measures referred to the people of the state shall be had at bien
regular elections, except as provision may be made by law for a special tion or elections. Any measure referred to the people shall take effect n it is approved by a majority of the votes cast thereon and not other–, and shall be in force from the date of the official declaration of the vote. The enacting clause of all the initiative bills shall be, “Be it enacted by people of the state of North Dakota." This section shall not be construed leprive any member of the legislative assembly of the right to introduce measure. The whole number of votes for secretary of state at the regular tion last preceding the filing of any petition for the initiative or for the -rendum shall be the basis on which the number of legal voters necessary sim such petition shall be counted.