the sitting of the grand jury during vacation as well as session of the rt, as the judge may direct. No person shall be charged in any circuit rt with the commission of any crime or misdemeanor defined or made ishable by any of the laws of this State, except upon indictment found a grand jury; provided, however, that any district attorney may file amended indictment whenever an indictment has, by a ruling of the court, n held to be defective in form.

SEC. 6. Public officers shall not be impeached; but incompetency, corrup 1, malfeasance or delinquency in office may be tried in the same manner as ninal offenses, and judgment may be given of dismissal from office, and h further punishment as may have been prescribed by law,

SEC. 7. Every Judge of the Supreme Court, before entering upon the duties his office, shall take and subscribe, and transmit to the Secretary of State, following oath:

do solemnly swear (or affirm) that I will support the stitution of the United States, and the Constitution of the State of Oregon, that I will faithfully and impartially discharge the duties of a Judge of Supreme Court of this State, according to the best of my ability, and that will not accept any other office, except judicial offices, during the term which I have been elected."

[ARTICLE VII.]15

SECTION 1. The judicial power of the State shall be vested in a Supreme ārt, circuit courts, and county courts, which shall be courts of record, having eral jurisdiction, to be defined, limited and regulated by law in accordance h this Constitution. Justices of the peace may also be invested with limited icial powers, and municipal courts may be created to administer the reguons of incorporated towns and cities.

SEC. 2. The Supreme Court shall consist of four Justices, to be chosen listricts by the electors thereof, who shall be citizens of the United States, who shall have resided in the State at least three years next preceding ir election, and after their election to reside in their respective districts. ⚫ number of Justices and districts may be increased, but shall not exceed until the white population of the State shall amount to one hundred usand, and shall never exceed seven; and the boundaries of districts may changed, but no change of district shall have the effect to remove a judge m office, or require him to change his residence without his consent.16 SEC. 3. The judges first chosen under this Constitution shall allot among mselves their terms of office, so that the term of one of them shall expire two years, one in four years, and two in six years, and thereafter one more shall be chosen every two years, to serve for the term of six years. SEC. 4. Every vacancy in the office of Judge of the Supreme Court shall filled by election for the remainder of the vacant term, unless it would ire at the next election, and until so filled, or when it would so expire, Governor shall fill the vacancy by appointment.

SEC. 5. The Judge who bas the shortest term to serve, or the oldest of eral having such shortest term, and not holding by appointment, shall be Chief Justice.

SEC. 6. The Supreme Court shall have jurisdiction only to revise the final isions of the circuit courts; and every cause shall be tried. * and every ision shall be made by those judges only, or a majority of them, who did : try the cause or make the decision in the circuit court.

SEC. 7. The terms of the Supreme Court shall be appointed by law. but 're shall be one term at the seat of government annually, And at the

15 [Article VII] as given here is the original article, prior to the adoption of the icle of 1910. As it remains in effect until altered by further legal enactment it is en in full with all amendments thereto.

19 By chapter 5, Acts of 1909, the number of judges of the supreme court was reased to five, and this act was held valid in State v. Cochran, 55 Or. 157: by pter 167 of the acts of 1913, the number of supreme judges was increased to seven.

close of each term the Judges shall file with the Secretary of State. concis written statements of the decisions made at that term.

SEC. 8. The circuit court shall be held twice, at least, in each year, in each county organized for judicial purposes, by one of the Justices of the Supre Court, at times to be appointed by law; and at such other times as may be appointed by the Judges, severally, in pursuance of law.

SEC. 9. All judicial power, authority and jurisdiction not vested by this Constitution, or by laws consistent therewith, exclusively in some other court, shall belong to the circuit courts; and they shall have appellate jurisdiction and supervisory control over the county courts, and all other inferior courts. officers and tribunals.

SEC. 10. When the white population of the State shall amount to twa hundred thousand, the Legislative Assembly may provide for the election of Supreme and Circuit Judges in distinct classes, one of which classes shal consist of three Justices of the Supreme Court, who shall not perform cirett duty, and the other class shall consist of the necessary number of cirerit judges, who shall hold full terms without allotment, and who shall take the same oath as the Supreme Judges. 17

SEC. 11. There shall be elected in each county, for the term of four years, a county judge, who shall hold the county court at times to be res lated by law.

SEC. 12. The county court shall have the jurisdiction pertaining to prob courts, and boards of county commissioners, and such other powers and dutie and such civil jurisdiction not exceeding the amount of value of five hundred dollars, and such criminal jurisdiction not extending to death or impris ment in the penitentiary as may be prescribed by law. But the Legislat Assembly may provide for the election of two commissioners to sit with th county judge whilst transacting county business in any or all the counties, may provide a separate board for transacting such business.

SEC. 13. The county judge may grant preliminary injunctions and s other writs as the Legislative Assembly may authorize to grant, returnal to the circuit court. or otherwise, as may be provided by law; and may ha and decide questions arising upon habeas corpus; provided, such decision be e against the authority or proceedings of a court or judge of equal or highe jurisdiction.

SEC. 14. The counties having less than ten thousand white inhabitan shall be reimbursed wholly or in part, for the salary and expenses of 12 county court, by fees, percentage, and other equitable taxation of the busins done in said court, and in the office of the county clerk.

SEC. 15. A county clerk shall be elected in each county, for the term two years, who shall keep all the public records, books and papers of county, record conveyances, and perform the duties of clerk of the ciren and county courts, and such other duties as may be prescribed by law; whenever the number of voters in any county shall exceed twelve hundred the Legislative Assembly may authorize the election of one person as eleri of the, circuit court, one person as the clerk of the county court, and on person recorder of conveyances.

SEC. 16. A sheriff shall be elected in each county for the term of e years, who shall be the ministerial officer of the circuit and county cour and shall perform such other duties as may be prescribed by law.

SEC. 17. There shall be elected by districts comprised of one or counties, a sufficient number of prosecuting attorneys, who shall be the law officers of the State, and of the counties within their respective districts, au! shall perform such duties pertaining to the administration of law and gener police, as the Legislative Assembly may direct.

SEC. 18. The Legislative Assembly shall so provide that the most com tent of the permanent citizens of the county shall be chosen for jurors: 2D-! out of the whole number in attendance at the court. seven shall be chose by lot as grand jurors, five of whom must concur to find an indictment. N

17 See Note No. 16.

erson shall be charged in any circuit court with the commission of any crime r misdemeanor defined or made punishable by any of the laws of this State, ccept upon indictment found by a grand jury; provided, however, that any istrict attorney may file an amended indictment whenever an indictment is, by a ruling of the court, been held to be defective in form.18

SEC. 19. Public officers shall not be impeached; but incompetency, corption, malfeasance or delinquency in office may be tried in the same manner criminal offenses, and judgment may be given of dismissal from office, and ch further punishment as may have been prescribed by law.

SEC. 20. The Governor may remove from office a Judge of the Supreme urt, or prosecuting attorney, upon a joint resolution of the Legislative Asmbly, in which two-thirds of the members elected to each house shall conr. for incompetency, corruption, malfeasance, or delinquency in office, or her sufficient cause stated in such resolution.

SEC. 21. Every Judge of the Supreme Court, before entering upon the ties of his office, shall take, subscribe, and transmit to the Secretary of ite, the following oath: "I,

do solemnly swear (or affirm) that I will support › Constitution of the United States, and the Constitution of the State of egon, and that I will faithfully and impartially discharge the duties of a dge of the Supreme and Circuit Courts of said State, according to the st of my ability, and that I will not accept any other office, except judicial ces, during the term for which I have been elected."

ARTICLE VIII.

EDUCATIONAL AND SCHOOL LANDS.

SECTION 1. The Governor shall be Superintendent of Public Instruction, 1 his powers and duties in that capacity shall be such as may be preibed by law; but after the term of five years from the adoption of this stitution, it shall be competent for the Legislative Assembly to provide law for the election of a Superintendent, to provide for his compensation, 1 prescribe his powers and duties.

SEC. 2. The proceeds of all the lands which have been or hereafter may granted to this State, for educational purposes (excepting the lands herere granted to aid in the establishment of a university), all the moneys I clear proceeds of all property which may accrue to the State by escheat forfeiture; all moneys which may be paid as exemption from military y; the proceeds of all gifts, devises and bequests, made by any person the State for common school purposes; the proceeds of all property granted the State when the purposes of such grant shall not be stated; all the ceeds of the five hundred thousand acres of land to which the State is itled by the provisions of an Act of Congress, entitled "An Act to approite the proceeds of the sales of the public lands, and to grant pre-emption its, approved the 4th of September, 1841," and also the five per centum of net proceeds of the sales of the public lands, to which this State shall ome entitled on her admission into the Union (if Congress shall consent such appropriation of the two grants last mentioned) shall be set apart a separate and irreducible fund, to be called the Common School Fund. interest of which, together with all other revenues derived from the school d mentioned in this section, shall be exclusively applied to the support | maintenance of common schools in each school district, and the purchase suitable libraries and apparatus therefor.

SEC. 3. The Legislative Assembly shall provide by law for the estabment of a uniform and general system of common schools.

SEC. 4. Provision shall be made by law for the distribution of the income the common school fund among the several counties of the State, in protion to the number of children resident therein between the ages of four i twenty years.

18 Amendment proposed by initiative petition filed January 30, 1908, ratified on e 1, 1908, and declared in force on June 23, 1908.

SEC. 5. The Governor, Secretary of State, and State Treasurer shall on stitute a board of commissioners for the sale of school and university lands, and for the investment of the funds arising therefrom, and their powers and duties shall be such as may be prescribed by law; provided, that no part of the university funds, or of the interest arising therefrom, shall be expende until the period of ten years from the adoption of this Constitution, unless the same shall be otherwise disposed of by the consent of Congress for common school purposes.

ARTICLE IX.

FINANCE.

SECTION 1. The Legislative Assembly shall provide by law for uniform and equal rate of assessment and taxation, and shall prescribe such regulations shall secure a just valuation for taxation of all property, both real and per sonal, excepting such only for municipal, educational, literary, scientific, resi ligious, or charitable purposes as may be specially exempted by law.

SEC. 1a. No poll or head tax shall be levied or collected in Oregon. Tu Legislative Assembly shall not declare an emergency in any act regulating tale tion or exemption.19

SEC. 1b. All ships and vessels of fifty tons or more capacity engaged either passenger or freight coasting or foreign trade, whose home ports registration are in the State of Oregon, shall be and are hereby exempted from all taxes of every kind whatsoever, excepting taxes for State purposes until the first day of January, 1935.20

SEC. 2. The Legislative Assembly shall provide for raising revenue cient to defray the expenses of the State for each fiscal year, and also a st cient sum to pay the interest on the State debt, if there be any.

SEC. 3. No tax shall be levied except in pursuance of law, and every lat imposing a tax shall state distinctly the object of the same, to which ot it shall be applied.

SEC. 4. No money shall be drawn from the treasury but in pursuanc appropriations made by law.

SEC. 5. An accurate statement of the receipts and expenditures of public money shall be published with the laws of each regular session of tå Legislative Assembly.

SEC. 6. Whenever the expenses of any fiscal year shall exceed the incon the Legislative Assembly shall provide for levying a tax for the ensuing fis year, sufficient, with other sources of income, to pay the deficiency, as w as the estimated expense of the ensuing fiscal year.

SEC. 7. Laws making appropriations for the salaries of public officers other current expenses of the State, shall contain provisions upon no othe subject.

SEC. S. All stationery required for the use of the State shall be furuist-f by the lowest responsible bidder, under such regulations as may be prescried by law. But no State officer or member of the Legislative Assembly shall be interested in any bid or contract for furnishing such stationery.

19 Section la is a new section; it was originally proposed by initiative petition fies June 23, 1910, ratified on November 8, 1910, and declared effective on December 1910. The original section was amended by initiative petition filed February 27, 1 ratified November 5, 1912, and declared effective on November 29, 1912. The text -the original section is as follows:

§ la. No poll or head tax shall be levied or collected in Oregon; no bill regulate ing taxation or exemption throughout the State shall become a law until approved ** the people of the State at a regular general election; none of the restrictions of th Constitution shall apply to measures approved by the people declaring what shal subject to taxation or exemption and how it shall be taxed or exempted whether pr posed by the Legislative Assembly or by initiative petition; but the people of several counties are hereby empowered and authorized to regulate taxation and eemptions within their several counties, subject to any general law which may be bemafter enacted.

20 Section 1b is a new section; it was proposed by the legislative assembly 1915, ratified on November 7, 1916, and declared effective on December 5, 1916

ARTICLE X.

MILITIA.

SECTION 1. The militia of this state shall consist of all able-bodied male itizens between the ages of eighteen and forty-five, except such persons as OW are or hereafter may be exempted by the laws of the United States r of this State.

SEC. 2. Persons whose religious tenets or conscientious scruples forbid jem to bear arms, shall not be compelled to do so in time of peace, but all pay an equivalent for personal service.

SEC. 3. The Governor shall appoint the Adjutant-General and the other hief officers of the general staff, and his own staff; and all officers of the ne shal! be elected by the persons subject to military duty in their respective istricts.

SEC. 4. The majors-general, brigadiers-general, colonels, or commandants regiments, battalions, or squadrons, shall severally appoint their staff officers, nd the Governor shall commission all officers of the line and staff ranking as ich.

SEC. 5. The Legislative Assembly shall fix by law the method of dividg the militia into divisions, brigades, regiments, battalions and companies. id make all other needful rules and regulations in such manner as they may sem expedient, not incompatible with the Constitution or laws of the United ates, or of the Constitution of this State, and shall fix the rank of all aff officers.

ARTICLE XI.

CORPORATIONS AND INTERNAL IMPROVEMENTS.

SECTION 1. The Legislative Assembly shall not have the power to establish incorporate any bank or banking company, or moneyed institution whatever; r shall any bank, company or institution exist in the State with the privi ze of making, issuing or putting into circulation any bill, check, certificate, omissory note or other paper, or the paper of any bauk, company or person circulate as money.

SEC. 2. Corporations may be formed under general laws, but shall not created by the Legislative Assembly by special laws. The Legislative ssembly shall not enact, amend or repeal any charter or act of incorporaon for any municipality, city or town. The legal voters of every city and wn are hereby granted power to enact and amend their municipal charter, bject to the Constitution and criminal laws of the State of Oregon, and, the clusive power to license, regulate, control or to suppress or prohibit, the le of intoxicating liquors therein is vested in such municipality; but such unicipality shall within its limits be subject to the provisions of the local tion law of the State of Oregon.21

SEC. 2a. The Legislative Assembly, or the people by the initiative, may act a general law providing a method whereby an incorporated city or town municipal corporation may surrender its charter and be merged into an joining city or town, provided a majority of the electors of each of the Porporated cities or towns or municipal · corporatious affected authorize the rrender or merger, as the case may be.22

Sec. 3. The stockholders of all corporations and joint stock companies shall

21 Section 2 has been amended twice; the first amendment was proposed by initiapetition filed on February 3, 1906, ratified on June 4, 1906, and declared adopted June 25, 1906; the present amendment was proposed by initiative petition filed June 1910, ratified on November 8, 1910, and declared effective on December 3, 1910. te text of the amendment of 1906 is as follows: § 2.

Corporations may be formed under general laws, but shall not be created by e legislative assembly by special laws. The legislative assembly shall not enact, end, or repeal any charter or act of incorporation for any municipality, city or Win. The legal voters of every city and town are hereby granted power to enact id amend their municipal charter, subject to the constitution and criminal laws of e state of Oregon.

Section 2a is a new section; it was proposed by the legislative assembly of 1913, tified at the election of November 3, 1914, and declared effective on December 3, 1914.