SEC. 9. The Penitentiary and the convicts thereto sentenced shall fore be under the supervision and control of officers employed by the State; at: in case any convicts are hired or farmed out, as may be provided by Lv their maintenance, support, medical attendance and discipline shall be u the direction of officers detailed for those duties by the authorities et he Penitentiary.

ARTICLE XIII.

MILITIA.

SECTION 1. The militia of this State shall consist of all ablebodied ne citizens of the State between the ages of eighteen and forty-five years, evet such persons as are now or may be exempted by the laws of the Trog States or this State, or who from religious scruples may be averse to hearing arms, and shall be organized, officered. armed, equipped and disciplined q the General Assembly may by law direct.

SEC. 2. The volunteer and militia forces shall (except for treason, f and breach of the peace) be exempt from arrest by warrants or other [re while in active service or attending muster or the election of officers, or w going to or returning from either of the same.

SEC. 3. The Governor shall have the power to call out the volunteer militia forces, either or both, to execute the laws, repel invasions, sup insurrections and preserve the public peace.

SEC. 4. There shall be an Adjutant and Inspector General elected to qualified electors of the State at the same time and in the same mantie other State officers, who shall rank as Brigadier General, and whose di and compensation shall be prescribed by law. The Governor shall, by with the advice and consent of the Senate, appoint such other staff of as the General Assembly may direct.

SEC. 5. The General Assembly is hereby empowered and required, a first session after the adoption of this Constitution, to provide such pr and liberal legislation as will guarantee and secure an annual pensier every indigent or disabled Confederate soldier and sailor of this State of the late Confederate States who are citizens of this State, and a's the indigent widows of Confederate soldiers and sailors.

ARTICLE XIV.
EMINENT DOMAIN,

SECTION 1. The State shall have concurrent jurisdiction on a!! bordering on this State. so far as such rivers shall ́form a common boul to this and any other State bounded by the same; and they, together all navigable waters within the limits of the State, shall be common ways and forever free, as well to the inhabitants of this State as to citizens of the United States, without any tax or impost therefor, unles same be expressly provided for by the General Assembly.

SEC. 2. The title to all lands and other property which have heret accrued to this State by grant, gift, purchase, forfeiture, escheats or other shall vest in the State of South Carolina, the same as though no change taken place.

SEC. 3. The people of the State are declared to possess the alt property in and to all lands within the jurisdiction of the State; and all the title to which shall fail from defect of heirs shall revert or esch the people.

ARTICLE XV.

IMPEACHMENT.

SECTION 1. The House of Representatives shall have the sole power impeachment. A vote of two-thirds of all the members elected shall be requint for an impeachment. Any officer impeached shall thereby be suspended 17 office until judgment in the case shall have been pronounced: and the shall be filled during the trial in such manner as may be provided by law.

SEC. 2. All impeachments shall be tried by the Senate, and when sitting that purpose they shall be under oath or affirmation. No person shall be icted except by a vote of two-thirds of all the members elected. When Governor is impeached, the Chief Justice of the Supreme Court, or if be disqualified, the Senior Justice shall preside, with a casting vote in all iminary questions.

SEC. 3. The Governor and all other executive and judicial officers shall iable to impeachment; but judgment in such cases shall not extend further removal from office. The persons convicted shall, nevertheless, be liable ndictment, trial and punishment according to law.

SEC. 4. For any wilful neglect of duty, or other reasonable cause, which I not be sufficient ground of impeachment, the Governor shall remove any utive or judicial officer on the address of two-thirds of each house of the eral Assembly: Provided. That the cause or causes for which said removal be required shall be stated at length in such address, and entered on Journals of each house: And provided, further, That the officer intended e removed shall be notified of such cause or causes, and shall be admitted thearing in his own defense, or by his counsel, or by both, before any for such address; and in all cases the vote shall be taken by yeas and 8. and be entered on the Journals of each house respectively.

ARTICLE XVI.

AMENDMENTS AND REVISION OF THE CONSTITUTION.

SECTION 1. Any amendment or amendments to this Constitution may be osed in the Senate or House of Representatives. If the same be agreed y two-thirds of the members elected to each house such amendment or ndments shall be entered on the Journals respectively, with the yeas and s taken thereon; and the same shall be submitted to the qualified electors he State at the next general election thereafter for Representatives; and majority of the electors qualified to vote for members of the General mbly, voting thereon, shall vote in favor of such amendment or amendts, and a majority of each branch of the next General Assembly shall, r such an election and before another, ratify the same amendment or ndments, by yeas and nays, the same shall become part of the ConstiProvided, That such amendment or amendments shall have been read e times, on three several days, in each house.

on:

SEC. 2. If two or more amendments shall be submitted at the same time, shall be submitted in such manner that the electors shall vote for or nst each of such amendments separately.

SEC. 3. Whenever two-thirds of the members elected to each branch of General Assembly shall think it necesary to call a Convention to revise, nd or change this Constitution, they shall recommend to the electors to for or against a Convention at the next election for Representatives: if a majority of all the electors voting at said election shall have voted a Convention, the General Assembly shall, at its' next session, provide law for calling the same; and such Convention shall consist of a number nembers equal to that of the most numerous branch of the General Assembly.

ARTICLE XVII.

MISCELLANEOUS MATTERS,

SECTION 1. No person shall be elected or appointed to any office in this te unless he possess the qualifications of an elector: Provided. The proons of this Section shall not apply to the offices of State Librarian and artmental Clerks, to either of which offices any woman, a resident of the te two years, who has attained the age of twenty-one years, shall be ible.

SEC. 2.

The General Assembly may direct by law, in what manner claims inst the State may be established and adjusted,

SEC. 3. Divorces from the bonds of matrimony shall not be allowed 1: this State.

SEC. 4.

No person who denies the existence of a Supreme Being str hold any office under this Constitution.

SEC. 5. The printing of the laws, journals, bills, legislative documents; and papers for each branch of the General Assembly, with the printing required for the Executive and other departments of the State. shall be let on contra in such manner as shall be prescribed by law.

SEC. 6. The General Assembly shall provide for the removal of all canes! which may be pending when this Constitution goes into effect to Courts createt, by the same.

SEC. 7. No lottery shall ever be allowed, or be advertised by newspapers. or otherwise. or its tickets be sold in this State; and the General Assend shall provide by law at its next session for the enforcement of this provision |

SEC. 8. It shall be unlawful for any person holding an office of hour trust or profit to engage in gambling or betting on games of chance; and an such officer, upon conviction thereof, shall become thereby disqualified fro the further exercise of the functions of his office, and the office of said persz shall become vacant, as in the case of resignation or death.

SEC. 9. The real and personal property of a woman held at the time her marriage, or that which she may thereafter acquire, either by gift, m inheritance. devise or otherwise, shall be her separate property, and she sle have all the rights incident to the same to which an unmarried woman in a man is entitled. She shall have the power to contract and be contracted sią in the same manner as if she were unmarried.

SEC. 10. All laws now in force in this State and not repugnant to this Constitution shall remain and be enforced until altered or repealed by General Assembly, or shall expire by their own limitations.

SEC. 11. That no inconvenience may arise from the change in the Cos tution of this State, and in order to carry this Constitution into compl operation, it is hereby declared:

First. That all laws in force in this State, at the time of the adoptio of this Constitution. not inconsistent therewith and constitutional when acted, shall remain in full force until altered or repealed by the Geis Assembly or expire by their own limitations. All ordinances passed and ratra at this Convention shall have the same force and effect as if included in constituting a part of this Constitution.

Second. All writs, actions, causes of action, proceedings, prosecutions. rights of individuals, of bodies corporate and of the State, when not im sistent with the Constitution, shall continue as valid.

Third. The provisions of all laws which are inconsistent with this Com stitution shall cease upon its adoption, except that all laws which are im sistent with such provisions of this Constitution as require legislation to enfee them shall remain in force until such legislation is had.

Fourth. All fines, penalties, forfeitures and escheats accruing to the St:10 of South Carolina under the Constitution and laws heretofore in force S accrue to the use of the State of South Carolina under this Constitut except as herein otherwise provided.

Fifth. All recognizances, obligations and all other instruments en into or executed before the adoption of this Constitution to the State. of any County, township, city or town therein, and all fines, taxes, penite and forfeitures due or owing to this State, or to any County. township, da or town therein, and all writs, prosecutions, actions and proceedings, exe : as herein otherwise provided, shall continue and remain unaffected by adoption of this Constitution. All indictments which shall have been for or may hereafter be found, for any crime or offense committed before adoption of this Constitution may be prosecuted as if no change had been m except as otherwise provided herein.

Sixth. All officers, State, executive, legislative, judicial, circuit, distrat County, township and municipal, who may be in office at the adoption of Constitution, or who may be elected before the election of their successors

1

in provided, shall hold their respective offices until their terms have ired and until their successors are elected or appointed and qualified as vided in this Constitution, unless sooner removed as may be provided by ; and shall receive the compensation now fixed by the Statute Laws in e at the adoption of this Constitution.

Seventh. At all elections held for members of the General Assembly in of a vacancy, or for any other office, State, County or municipal, the lifications of electors shall remain as they were under the Constitution of teen hundred and sixty-eight until the first day of November, in the year teen hundred and ninety-six.

Eighth. This Constitution, adopted by the people of South Carolina in vention assembled, shall be in force and effect from and after the thirtyday of December, in the year eighteen hundred and ninety-five.

Ninth. The provisions of the Constitution of eighteen hundred and sixtyt and amendments thereto are repealed by this Constitution, except when rdained and declared herein.

[ARTICLE XVIII.]

EMINENT DOMAIN.

SECTION 1. The General Assembly shall provide by law for the condemna, through proper official channels, of all lands necessary for the proper nage of the swamp and low lands of this State, and shall also provide the equitable assessment of all lands so drained, for the purpose of paying expenses of such condemnation and drainage.22 Done in Convention in Columbia on the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

Attest: S. W. VANCE.

JOHN GARY EVANS,

President of the Convention.
IRA B. JONES,

Vice-President of the Convention.

W. JASPER TALBERT,

Vice-President of the Convention.

[Article XVIII] is a new article; it was proposed by the general assembly of adopted by the electors on November 6, 1900, and ratified by the general assemof 1901. No article or section number was assigned to this amendment by the ution by which it was proposed; for convenience it has been placed here.

CONSTITUTION OF SOUTH DAKOTA-1889.*

PREAMBLE.

We, the people of South Dakota, grateful to Almighty God for our civ. and religious liberties, in order to form a more perfect and independent go ernment, establish justice, insure tranquility, provide for the common defere promote the general welfare and preserve to ourselves and to our poster the blessings of liberty, do ordain and establish this. Constitution for The State of South Dakota.

ARTICLE I.

NAME AND BOUNDARY.

SECTION 1. The name of the state shall be South Dakota.

SEC. 2. The boundaries of the State of South Dakota shall be as follows Beginning at the point of intersection of the western boundary line of te State of Minnesota, with the northern boundary line of the State of l and running thence northerly along the western boundary line of the State of Minnesota, to its intersection with the 7th standard parallel; thence ver on the line of the 7th standard parallel produced due west to its intersectio with the 27th meridian of longitude west from Washington; thence se on the 27th meridian of longitude west from Washington to its intersect with the northern boundary line of the State of Nebraska; thence easter along the northern boundary line of the State of Nebraska to its intersect with the western boundary line of the State of Iowa; thence northerly a the western boundary line of the State of Iowa to its intersection with th northern boundary line of the State of Iowa; thence east along the nort boundary line of the State of Iowa 'to the place of beginning.

ARTICLE II.

DIVISION OF THE POWERS OF GOVERNMENT.

The powers of the government of the state are divided into three dist departments-the legislative, executive and judicial; and the powers 1 duties of each are prescribed by this constitution.

ARTICLE III.

LEGISLATIVE DEPARTMENT.

SECTION 1. The legislative power of the state shall be vested in a leglature which shall consist of a senate and house of representatives, ex that the people expressly reserve to themselves the right to propose measures which measures the legislature shall enact and submit to a vote of the elect of the state, and also the right to require that any laws which the legislat may have enacted shall be submitted to a vote of the electors of the st before going into effect (except such laws as may be necessary for the in diate preservation of the public peace, health or safety, support of the s government and its existing public institutions). Provided, that not more th five per centum of the qualified electors of the state shall be required to inve either the initiative or the referendum.

*The constitution of South Dakota was drafted by a convention which assemble at Sioux Falls on July 4, 1889. The following propositions were submitted to t electors on October 1, 1889: The adoption of the constitution as a whole, which w ratified by a vote of 70,131 to 3,267; for minority representation, being Article XX which was rejected by a vote of 24,161 to 46,200; for the location of the seat of a ernment, being Section 1 of Article XX, which resulted as follows: Pierre, A Huron, 15,647; Watertown, 12,012; Sioux Falls, 11,888; Mitchell, 7,793; ChamberliE 2,421; scattering, 42; prohibition, being Article XXIV, which was adopted by a va of 40,234 to 34,510. The constitution became effective on November 2, 1889, the date when the state was admitted to the Union.