SEC. 7. Augustus H. Garland, Gordon N. Peay and Dudley E. Jones are hereby constituted a state board of supervisors of said election, who shall take an oath faithfully and impartially to discharge the duties of their office, a majority of whom shall be a quorum, and who shall perform the duties herein assigned them. Should a vacancy occur in said board by refusal to serve, death removal, resignation or otherwise, or if any member should become incapacitated from performing said duties, the remaining members of the board shall fill the vacancy by appointment. But, if all the places on said heard become vacant at the same time, the said vacancies shall be filled by the president of this convention.

SEC. S. Said state board shall at once, proceed to appoint a board of election supervisors for each county of this state, consisting of three men of known intelligence and uprightness of character, who shall take the same oath as above provided for the state board. A majority of each board shall constitute a quorum and shall perform the duties herein assigned to them; and vacancies occurring in the county boards shall be filled by the state board. SEC. 9. The state board shall provide the form of poll-books, and each County board shall furnish the judges of each election precinct with three mpies of the poll-books in the form prescribed and with ballot-boxes at the expense of the county.

SEC. 10. The state board of supervisors shall cause to be furnished in pamphlet form a sufficient number of copies of this constitution to supply each County supervisor and judge of election with a copy, and shall forward the same to the county election boards for distribution.

SFC. 11. The boards of county election supervisors shall at once proceed to appoint three judges of election for each election precinct in their respective counties, and the judges shall appoint three election clerks for their respective precincts, all of whom shall be good, competent men, and take an oath as prescribed above. Should the judges of any election precinct fail to attend at the time and place provided by law or decline to act, the assembled electors shall choose competent persons in the manner provided by law to act in their place, who shall be sworn as above.

SEC. 12. Said election shall be conducted in accordance with existing laws. except as herein provided. As the electors present themselves at the polls to vote the judges of the election shall pass upon their qualifications and the derks of the election shall register their names on the poll-books if qualified; and such registration by said clerks shall be a sufficient registration in conformity with the constitution of this state, and then their votes shall be taken.

SEC. 13. Each elector shall have written or printed on his ticket "For Constitution" or "Against Constitution," and also the offices and the names of the candidates for the offices for whom he desires to vote.

but no The

SEC. 14. The judges shall deposit the tickets in the ballot-box; elector shall vote outside of the township or ward in which he resides. names of the electors shall be numbered and the corresponding numbers shall he placed on the ballots by the judges when deposited.

SEC. 15. All dram shops and drinking houses in this state shall be closed during the day of said election and the succeeding night, and any person sell ing or giving away intoxicating liquors during said day or night shall be punished by fine not less than two hundred dollars for each and every offense, or imprisoned not less than six months, or both.

SEC. 16. The polls shall be opened at 8 o'clock in the forenoon and shall be kept open until sunset. After the polls are closed the ballots shall be counted by the judges at the place of voting as soon as the polls are closed, unless prevented by violence or accident, and the results by them certified on the poll-books and the ballots sealed up. They shall be returned to the county board of election supervisors, who shall proceed to cast up the votes and ascertain and state the number of votes cast for the constitution and the aumber cast against the constitution, and also the number of votes cast for each candidate voted for for any office, and shall forthwith forward to the state board of supervisors, duly certified by them, one copy of the statement

or abstracts of the votes so made out by them, retain one copy in their possession and file one copy in the office of the county clerk, where they shall also deposit for safe-keeping the ballots, sealed up, and one copy of the pollbooks, retaining possession of the other copies.

SEC. 17. The state board of supervisors shall at once proceed, on receiving such returns from the county board, to ascertain therefrom and state the whole number of votes given for the constitution and the whole number given against it, and if a majority of all votes cast be in favor of the constitution they shall at once make public that fact by publication in two or more of the leading newspapers published in the City of Little Rock, and this constitution, from that date, shall be in force; and they shall also make out and file in the office of the secretary of state an abstract of all the votes cast for the constitution and all the votes cast against it, and also an abstract of all votes cast for every candidate voted for at the election, and file the same in the office of the secretary of state, showing the candidate elected. They shall also make out and certify and lay before each house of the general assembly a list of the members elected to that house and shall also make out. certify and deliver to the speaker of the house of representatives an abstract of all votes cast at the election for any and all persons for the office of governor, secretary of state, treasurer of state, auditor of state, attorney-general and commissioner of state lands, and the said speaker shall cast up the votes and announce the names of the persons elected to these offices. The governor, secretary of state, treasurer of state, auditor of state, attorney-general and commissioner of state lands chosen at said election shall qualify and enter upon the discharge of the duties of their respective offices within fifteen days after the announcement of their election as aforesaid.

SEC. 18. All officers shown to be elected by the abstract of said election filed by the state board of supervisors in the office of the secretary of state, required by this constitution to be commissioned, shall be commissioned by the governor.

SEC. 19. At said election the qualified voters of each county and senatorial district, as defined in article eight of this constitution, shall elect respectively representatives and senators according to the numbers and apportionment contained in said article. The board of election supervisors of each county shall furnish certificates of election to the person or persons elected to the house of representatives as soon as practicable after the result of the election has been ascertained, and such board of election supervisors in each county shall make a correct return of the election for senator or senators to the board of election supervisors of the county first named in the senatorial apportionment, and said board shall furnish, certificates of election to the person or persons elected as senator or senators in said senatorial district as soon as practicable.

SEC. 20. All officers elected under this constitution, except the governor, secretary of state, auditor of state, treasurer, attorney-general and commissioner of state lands, shall enter upon the duties of their several offices when they shall have been declared duly elected by said state board of supervisors and shall have duly qualified. All such officers shall qualify and enter upon the duties of their office within fifteen days after they have been duly notified of their election.

SEC. 21. Upon the qualification of the officers elected at said election the present incumbents of the offices for which the election is held shall vacate the same and turn over to the officers thus elected and qualified all books, papers, records, moneys and documents belonging or pertaining to said offices by them respectively held.

SEC. 22. The first session of the general assembly under this constitution shall commence on the first Tuesday after the second Monday in November. 1874.

SEC. 23. The county courts provided for in this constitution shall be regarded in law as a continuation of the boards of supervisors now existing by law, and the circuit courts shall be regarded in law as continuations of the criminal courts wherever the same may have existed in their respective coun

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ties, and the probate courts shall be regarded as continuations of the circuit courts for the business within the jurisdiction of such probate courts, and the papers and records pertaining to said courts and jurisdictions shall be transferred accordingly; and no suit or prosecution of any kind shall abate because of any change made in this constitution.

SEC. 24. All officers now in office whose offices are not abolished by this Convention shall continue in office and discharge the duties imposed on them by law until their successors are elected and qualified under this constitution. The office of commissioner of state lands shall be continued, provided that the general assembly at its next session may abolish or continue the same in such manner as may be prescribed by law.

SEC. 25. Any election officer appointed under the provisions of this schedule who shall fraudulently and corruptly permit any person to vote illegally. or refuse the vote of any qualified elector, cast up or make a false return of said election, shall be deemed guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not less than five years nor more than ten years. And any person who shall vote when not a qualified elector, or vote more than once, or bribe any one to vote contrary to his wishes, or intimidate or prevent any elector by threats, menace or promises from voting. shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than five years.

SEC. 26. All officers elected at the election provided for in this schedule shall hold their offices for the respective periods provided for in the foregoing constitution, and until their successors are elected and qualified. The first general elections after the ratification of this constitution shall be held on the first Monday of September. A. D. 1876. Nothing in this constitution and

the schedule thereto shall be so construed as to prevent the election of congressmen at the time as now prescribed by law.

SEC. 27. The sum of five thousand dollars is hereby appropriated out of any money in the treasury not otherwise appropriated to defray the expenses of the election provided for in this schedule, and the auditor of state shall draw his warrant on the treasurer for such expenses not exceeding said amount on the certificate of the state board of supervisors of election.

SEC. 28. For the period of two years from the adoption of this constitution, and until otherwise provided by law, the respective officers herein enumerated shall receive for their services the following salaries per annum:

For governor the sum of $3.500.00; for secretary of state the sum of $2.000,00; for treasurer the sum of $2.500.00; for auditor the sum of $2,500.00; for attorney-general the sum of $2,000.00; for commissioner of state lands

the sum of $2,000.00; for judges of the supreme court. each, the sum of $3,500.00; for judges of circuit and chancery courts, each, the sum of $2.500.00; for prosecuting attorneys, each, the sum of $400.00; for members of the general assembly the sum of $6.00 per day and twenty cents per mile for each mile traveled in going to and returning from the seat of government over the most direct and practicable route.

Done in convention at Little Rock the seventh day of September, in the year of our Lord one thousand eight hundred and seventy-four, and of the Independence of the United States the ninety-ninth.

IN WITNESS WHEREOF, we have hereunto subscribed our names.

GRANDISON D. ROYSTON,
President of the Convention, and
Delegate from the County of Hempstead.

THOMAS W. NEWTON, Secretary.

CONSTITUTION OF CALIFORNIA-1879.*

PREAMBLE.

We, the people of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution.

ARTICLE I.

DECLARATION OF RIGHTS.

SECTION 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety and happiness.

SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it. SEC. 3. The State of California is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land.

SEC. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be guaranteed in this State; and no person shall be rendered incompetent to be a witness or juror on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

SEC. 5. The privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require its suspension.

SEC. 6. All persons shall be bailable by sufficient sureties, unless for cap-⚫ ital offenses when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel or unusual punishments be inflicted. Witnesses shall not be unreasonably detained, nor confined in any room where criminals are actually imprisoned.

SEC. 7. The right of trial by jury shall be secured to all, and remain inviolate; but in civil actions three-fourths of the jury may render a verdict. A trial by jury may be waived in all criminal cases not amounting to felony, by the consent of both parties, expressed in open court, and in civil actions by the consent of the parties, signified in such manner as may be prescribed by law. In civil actions and cases of misdemeanor, the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open court.

SEC. 8. Offenses heretofore required to be prosecuted by indictment shall be prosecuted by information, after examination and commitment by a magistrate, or by indictment, with or without such examination and commitment, as may be prescribed by law. A grand jury shall be drawn and summoned at least once a year in each county.

SEC. 9. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In ali criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous

*The constitution of California was framed by a convention which assembled in Sacramento on September 28, 1878, and adjourned on March 3, 1879, and was ratified by the people on May 7, 1879. So far as it relates to the election of officers and the commencement of the terms of office, this constitution took effect on July 4. 1879; in all other respects it took effect on January 1, 1880. The constitution was submitted as a whole and no propositions were submitted separately.

is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. Indictments found, or information laid, for publications in newspapers, shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause.

SEC. 10. The people shall have the right to freely assemble together to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances.

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 kept up by this State in time of peace, and no soldier shall, in time of peace, be quartered in any house without the consent of the owner; or in time of war, except in the manner prescribed by law.

SEC. 13. In criminal prosecutions, in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf, 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 fitness against himself; nor be deprived of life, liberty or property without due rocess of law. The Legislature shall have power to provide for the taking, the presence of the party accused and his counsel, of depositions of witnesses, in criminal cases other than cases of homicide, when there is reason to believe that the witness, from inability or other cause, will not attend at the trial.

SEC. 14. Private property shall not be taken or damaged for public use without just compensation having first been made to, or paid into court for, the owner, and no right of way shall be appropriated to the use of any cororation other than municipal until full compensation therefor be first made money or ascertained and paid into court for the owner, irrespective of any enefits from any improvement proposed by such corporation, which compensafion shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a court of record, as shall be prescribed by law. The taking of private property for a railroad run by steam or electric power for logging or lumbering purposes shall be deemed a taking for a public use, and any person, firm, company or corporation taking private property under the law of eminent domain for such purposes shall thereupon and thereby become a common Farrier. 1

SEC. 15. No person shall be imprisoned for debt in any civil action, on nesne or final process, unless in cases of fraud, nor in civil actions for torts, except in cases of wilful injury to person or property; and no person shall be imprisoned for a militia fine in time of peace.

SEC. 16. No bill of attainder, ex post facto law, or law impairing the bligations of contracts, shall ever be passed.

SEC. 17. Foreigners, of the white race, or of African descent, eligible to become citizens of the United States under the naturalization laws thereof. while bona fide residents of this State, shall have the same rights in respect to the acquisition, possession, enjoyment, transmission, and inheritance of all property, other than real estate, as native born citizens; provided, that such aliens owning real estate at the time of the adoption of this amendment may remain such owners; and provided, further, that the Legislature may, by statute. provide for the disposition of real estate which shall hereafter be aquired by such aliens by descent or devise.2

SEC. 18. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State.

1Amendment proposed by the legislature of 1911 and ratified at the election of ctober 10, 1911.

Amendment proposed by the legislature of 1894 and ratified at the election of Noember 6, 1894.