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i11 such district court and belonging to the jurisdiction of such county re counties, together with transcript of so much of the records of said distr court as relate to the same; and until the district courts of the territory se be superseded in manner aforesaid, the said district courts and the juderthereof shall continue with the same jurisdiction and powers, to be exercisa! in the same judicial districts, respectively, as heretofore constituted under to laws of the territory. Whenever a quorum of the judges of the Supreme Cor of the state shall have been elected and qualified, the causes then peadis in the Supreme Court of the territory, except such causes as would bst. heen within the exclusive jurisdiction of the United States Circuit. Cher had such court existed at the time of the commencement of such causes, u the wipers, records and proceedings of said court, and seal and other prope pertaining thereto, shall pass into the jurisdiction and possession of the preme ('ourt of the state, and until so superseded, the Supreme Court of: territory and the judges thereof shall continue with like powers and jurdietion as if this constitution had not been adopted.

SEC. .. Until otherwise provided by law, the seal now in use in the preme Court of the territory shall be the seal of the Supreme Court of state. The seals of the Superior Courts of the several counties of the so shall be, imuil otherwise provided by law, the vignette of General George Was ington, with the words: “Seal of the Superior Court of

Court surrounding the vignette. The seal of municipalities, and all county officers the territory, shui be the seals of such municipalities and county officers spectively, under the state, until otherwise provided by law.

SEC: 10. When the state is admitted into the Union, and the Sue Courts in the respective counties organized, the books, records, papers 1 proceedings of the probate court in each county, and all causes and matters administration pending therein, sball, upon the expiration of the term of ea of the probate judges, on the second Monday in January, 1891, pass into jurisdiction and possession of the Superior Court of the same county che by this constitution, and the said court shall proceed to final judgmen: dlecree. orier or other determination, in the several matters and causes as': territorial probate court might have done if this constitution had not to adopted. And until the expiration of the term of office of the probate jui: such probate judges shall perform the duties now imposed upon them by laws of the territory. The Superior Courts shall have appellate and reris jurisdiction over the decisions of the probate courts, as now provided by until such latter courts expire by limitation.

Src. 11. The Legislature, at its first session, shall provide for the elet of all officers whose election is not provided for elsewhere in this constitu and fix the time for commencement and duration of their term.

SEC. 12. In case of it contest of election between candidates, at the : Leneral election under this constitution, for judges of the Superior Courts. evidence shall be taken in the manner prescribed by the territorial laws. the testimony' so taken shall be certified to the Secretary of State; and officer, together with the Governor and Treasurer of State, shall revier evidence and determine who is entitled to the certificate of election.

SEC. 13. One representative in the ('ongress of the United States stu" elerted from the state '::t:,large, at the first election provident for in this stitution; and thereafter at such times and places and in such mallin may be prescribed by law.

When a new apportioinuent shall be mad Congress, the Legislature shall divide the state into congressional dist in accordance with such apportionment. The voto cast for representative in gress, at the first election, shall be canvassed and the result determined i manner provided for by the laws of the territory for the canvass of the rate delegate in Congress.

SEC. 14. All district. county and precinct officers, who may be in at the time of the adoption of this constitution, and the county clerk county elerted at the first election, shall hold their respective others the second Monday of January. 1. 1). 1891, and until such time is the

may be elected and qualified, in accordance with the provisions of istitution; and the official bond of all such officers shall continue in ce and effect as though this constitution had not been adopted. Ind licers sball contiue to receive the compensation now, provijled mutil le is changed by law. · 15. The election held at the time of the adoption of this constitution · held and conducted in all respects according to the laws of the terriid the votes cast at said election for all officers (where no other proare made in this constitution), and for the adoption of this constitution

several separate articles, and the location of the state capital, shall assed and returned in the several counties in the manner provided by al law, and shall be returned to the Secretary of the Territory in the provided by the enabling act. . 16. The provisions of this constitution shall be in force from the which the President of the United States shall issue his proclamation & the State of Washington admitted into the Union, and the terms of ers elected at the first election under the provisions of this constituill commence on the Monday next succeeding the issue of said proclamaless otherwise provided herein, . 17. The following separate articles shall be submitted to the people ution or rejection at the election for the adoption of this constitution : e article No. 1; "All persons, male and female, of the age of 21 years.

possessing the other qualifications provided by this constitution, shall led to vote at all elections." Separate article No. 2: “It shall not ul for any individual, company, or corporation, within the limits of te', to manufacture, or cause to be manufactured, or to sell, or offer for

in any manner dispose of any alcoholic, malt or spirituous liquors, or medicinal, sacramental or scientific purposes." If a majority of the cast at said election on said separate articles be in favor of the adop

either of said separate articles, then such separate articles so reil majority shall become a part of this constitution and shall govern trol any provision of the constitution in conflict therewith.

18. The form of ballot to be used in voting for or against this coni, or for or against the separate articles, or for the permanent loc:1the government, shall be: For the Constitution. Against the Constitution. For Woman Suffrage Article. Against Woman Suffrage Article. For Prohibition Article. Against Prohibition Article. For the permanent location of the seat of government. Name of sted for.) . 19. The Legislature is hereby authorized to appropriate from the state · sufficient money to pay any of the expenses of this constitution not I for by the enabling :act of Congress.

CERTIFICATE. "the intervigned, members of the convention to form a constitution for e of Washington, which is to be submitted to the people for their 7 or rejection, do hereby declare this to be the constitution foj eel nd in testimony thereof, do hereunto set out hands. this twenty-second Augnst, amo domini, one thousand eight himdred and eighty-nine.

John P. Hort. President. est:

BOOGE, Chief Clerk

CONSTITUTION OF WEST VIRGINIA-1872.

ARTICLE I. RELATION TO THE GOVERNMENT OF THE UNITED STATES. SECTION 1. The State of West Virginia is, and shall remain, one of the United States of America. The Constitution of the United States of America. ind the laws and treaties made in pursuance thereof, shall be the supreme law of the land.

SEC. 2. The goverument of the United States is a government of enumeritted powers, and all powers not delegated to it, nor inhibited to the States. itre reserved to the States or to the people thereof. Among the powers so reserved to the States is the exclusive regulation of their own internal govertiment and police; and it is the high and solemn duty of the several departments of government, created by this Constitution, to guard and protect the people of this State from all encroachments upon the rights so reserved.

SEC. 3. The provisions of the Constitution of the United States, and of this State, are operative alike in a period of war as in time of peace, and aby departure therefrom, or violation thereof, under the plea of necessity, or any other pleal, is subversive of good government, and tends to anarchy and des potism.

SEC. 4. For the election of representatives to congress, the State shall be divided into districts, corresponding in number with the representatives to which it may be entitled; which districts shall be formed of contiguous counties, and be compact. Each district shall contain, as nearly as may be, an equal number of population, to be determined according to the rule prescribe in the Constitution of the United States.

ARTICLE II.

THE STATE.

SECTION 1. The territory of the following counties, formerly parts of the Commonwealth of Virginia, shall constitute and form the State of West PirKimia, viz. :

The counties of Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, Cala hou, Clay, Doddridge, Fayette, Gilmer, Grant, Greenbrier, Hampshire, Hancock, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Logan. Marion, Marshall, Mason, McDowell, Mercer, Mineral, Mingol, Monongalia. Monroe, Morgan, Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, Prestoe. Putnam, Raleigh, Randolph, Ritchie, Ronne, Summers, Taylor, Tucker, Tyler. Upshur. Wayne, Webster, Wetzel, Wirt, Wood and Wyoming. The State of West Virginia includes the bed, bank and shores of the Ohio river, and so much of the Big Sandy river as was formerly included in the Commonwealth of Virginia; and all territorial rights and property in, and jurisdiction over the same, heretofore reserved by and vested in the Commonwealth of Fir zinia, are vested in and shall hereafter be exercised by the State of West Virginia. And such parts of the said beds, banks and shores, as lie opposite imd adjoining the several counties of this State, shall form parts of si several counties, respectively.

SEC. 2. The powers of government reside in all the citizens of the State. und can be rightfully exercised only in accordance with their will and appoint

ment.

*The convention which framed the constitution of West Virginia assembled ut Charleston on Jan. 16, 1972, and adjourned on Apr. 9, 1872. The constitution is schedule were submitted to the electors on Aug. 22, 1872, and were ratified by ? majority of 4,567, out of a total vote of 80.000. The constitution and schedule beca operative on the fourth Thursday of August, 1872.

1 Mingo county was created by the acts of 1895, Chap. 68.

: 3. All persons residing in this State, born, or naturalized in the United and subject to the jurisdiction thereof, shall be citizens of this State. F. 4. Every citizen shall be entitled to equal representation in the govt, and, in all apportionments of representation, equality of numbers e entitled thereto, shall as far as practicable, be preserved. : 5. Vo distinction shall be made between resident aliens and citizens, he acquisition, tenure,, disposition or descent of property. . 6. Treoison agaiust the State shall consist only in levying war against

adhering to its enemies, giving them aid and comfort, No person e convicted of treason. unless on the testimony of two witnesses to e overt act, or on confession in open court. Treason shall be punished, g to the character of the acts committed, by the infliction of one, of the penalties, of death, imprisonment or fine, as may be prescribed 7. The present seal of the State with its motto, "Montani Semper shall be the great seal of the State of West Virginia, and shall be the Secretary of State, to be used by him officially, as directed by law.

& Writs, grants and commissions, issued under the authority of this all run in the name of, and official bonds shall be made payable to ce of West Virginia. Indictments shall conclude, "Against the peace ity of the State."

ARTICLE III.

BILLS OF BIGITS.

ION 1.

111 men are, by nature, equally froe anıl independent, and tain inherent l'iglits, of which when tliey enter into a state of society,

not: by itny compact, deprive or divest their posterity, namely: the it of life and liberty, with the means of acquiring and possessing

and of pursuing and obtaining happiness and safety. 2. All porrer is vested in, and consequently derived from, the people. tes are their trustees and servants, and at all times amenable to

:). Government is instituted for the common benefit, protection and of the people, nation or community. Of all its various forms that is

which is capable of producing the greatest degree of happiness and nd is most effcrtually secured against the danger of maladministrai wlien inny governinent shall be found inadequate or contrary to poses, a majority of the community has an indubitable, inalienable, feasible right to reforin, alter or abolish it such manner as julgeil most conducive to the public weal. 1. The privilege of : writ of habeas corpus shall not be suspended. n shall be held to inswer for treason, felony or other crime not

by a justice, unless on presentment or indictment of a grand jury. f attainder, ex post facto law, or law impairing the obligation of t, shall be passed. -). Excessive bail shall not be required, nor excessive fines imposed.

and unusual prmishment inflicted. Penalties shall be proportioned aracter :ind degree of the offense, No person shall be transported r forced to leave, the State for any offense committed within the · shall any personi, in any criminal case, be compelled to be a witness imself, or be twice put in jeopardy of life or liberty for the same

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3. The right of citizens to be secure in their houses, persons, papers s, against reasonable searches and seizures, shall not be violated. nt shall isste except upon probable canse, supported by oath or 1. particularly describing the place to be searched, or the person or e seized. . Vo li aliridging the freedom of speech, or of the press, shall be at the Legislature may by suitable penalties, restrain the publication obscene books, papers or pictures, and provide for the punishment

CONSTITUTION OF WEST VIRGINIA–1872.

ARTICLE I.

RELATION TO THE GOVERNMENT OF THE UNITED STATES. SECTION 1. The State of West Virginia is, and shall remain, one of the United States of America. The Constitution of the United States of America, ind the laws and treaties made in pursuance thereof, shall be the supreme law of the land.

SEC. 2. The government of the United States is a government of enumerilted powers, and all powers not delegated to it, nor inhibited to the States, iure reserved to the States or to the people thereof. Among the powers $o reserved to the States is the exclusive regulation of their own internal govern ment and police; and it is the high and solemn duty of the several departments of government, created by this Constitution, to guard and protect the people of this State from all encroachments upon the rights so reserved.

SEX, 3. The provisions of the Constitution of the United States, and of this State, are operative alike in a period of war as in time of peace, and aos (leparture therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and des potism.

SEC. 4. For the election of representatives to congress, the State shall be divided into districts, corresponding in number with the representatives to which it may be entitled; which districts shall be formed of coutiguous coulties, and be compact. Each district shall contain, as nearly as may be, an equal number of population, to be determined according to the rule prescriber in the Constitution of the United States.

ARTICLE II.

THE STATE.

SECTION 1. The territory of the following counties, formerly parts of the c'ommonwealth of Virginia, shall constitute and form the State of West Vir uinia, viz. :

The counties of Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, (ar hou, Clay, Doddridge, Fayette, Gilmer, Grant, Greenbrier, Hampshire, Han (ock, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Logal. Marion, Marshall, Mason, McDowell, Mercer, Mineral, Mingol, Monongalia. Monroe, Morgan, Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, Prestie. Putnam, Raleigh, Randolph, Ritchie, Roane, Summers, Taylor, Tucker, Tyler. Cpshur, Wayne, Webster, Wetzel, Wirt, Wood and Wyoming. The State of West Virginia includes the bed, bank and shores of the Ohio river, and much of the Big Sandy river as was formerly included in the Commonwealth of Virginia ; and all territorial rights and property in, and jurisdiction ovet the same, heretofore reserved by and vested in the Commonwealth of F1 vinia, are rested in and shall bereafter be exercised by the State of West Virginia. And such parts of the said beds, banks and shores, as lie opposite. and adjoining the several comties of this State, shall form parts of sati several counties, respectively.

SEC. 2. The powers of government reside in all the citizens of the State. :und can be rightfully exercised only in accordance with their will and appoir

lent.

*The convention which framed the constitution of West Virginia assembled a Charleston on Jan. 16, 1872, and adjourned on Apr. 9, 1872. The constitution 2 schedule were submitted to the electors on Aug. 22, 1872, and were ratified by majority of 4,567, out of a total vote of 80.000. The constitution and schedule by operative on the fourth Thursday of August, 1872.

Mingo county was created by the acts of 1895, Chap. 68.

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