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ssors may be elected and qualified, in accordance with the provisions of is constitution; and the official bond of all such officers shall continue in 11 force and effect as though this constitution had not been adopted. ch officers shall continue to receive the compensation now provided until e same is changed by law.

SEC. 15. The election held at the time of the adoption of this constitution all be held and conducted in all respects according to the laws of the terriry, and the votes cast at said election for all officers (where no other prosions are made in this constitution), and for the adoption of this constitution ad the several separate articles, and the location of the state capital, shall canvassed and returned in the several counties in the manner provided by rritorial law, and shall be returned to the Secretary of the Territory in the inner provided by the enabling act.

SEC. 16. The provisions of this constitution shall be in force from the y on which the President of the United States shall issue his proclamation claring the State of Washington admitted into the Union, and the terms of officers elected at the first election under the provisions of this constituon shall commence on the Monday next succeeding the issue of said proclamaon, unless otherwise provided herein.

SEC. 17. The following separate articles shall be submitted to the people r adoption or rejection at the election for the adoption of this constitution: parate article No. 1: "All persons, male and female, of the age of 21 years. over, possessing the other qualifications provided by this constitution, shall entitled to vote at all elections." Separate article No. 2: "It shall not lawful for any individual, company, or corporation, within the limits of is state, to manufacture, or cause to be manufactured, or to sell, or offer for le, or in any manner dispose of any alcoholic, malt or spirituous liquors, cept for medicinal, sacramental or scientific purposes." If a majority of the llots cast at said election on said separate articles be in favor of the adop on of either of said separate articles, then such separate articles, so reiving a majority shall become a part of this constitution and shall govern d control any provision of the constitution in conflict therewith.

SEC. 18. The form of ballot to be used in voting for or against this Contution, or for or against the separate articles, or for the permanent locaon of the government, shall be:

1. For the Constitution.

2.

Against the Constitution.

For Woman Suffrage Article.

Against Woman Suffrage Article.

3. For Prohibition Article.

Against Prohibition Article.

4. For the permanent location of the seat of government.

ice voted for.)

(Name of

SEC. 19. The Legislature is hereby authorized to appropriate from the state. easury sufficient money to pay any of the expenses of this constitution not ovided for by the enabling act of Congress,

CERTIFICATE.

We the undersigned, members of the convention to form a constitution for e state of Washington, which is to be submitted to the people for their loption or rejection, do hereby declare this to be the constitution formed yus, and in testimony thereof, do hereunto set out hands, this twenty-second y of August, anno domini, one thousand eight hundred and eighty-nine. JOHN P. HOYT, President.

Attest:

OHN I. BOOGE, Chief Clerk

CONSTITUTION OF WEST VIRGINIA-1872.*

ARTICLE 1.

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. and 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 enumer ated powers, and all powers not delegated to it, nor inhibited to the States. are reserved to the States or to the people thereof. Among the powers 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 depar ments 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 this State, are operative alike in a period of war as in time of peace, and any departure therefrom, or violation thereof, under the plea of necessity, or a other plea, is subversive of good government, and tends to anarchy and depotism.

SEC. 4. For the election of representatives to congress, the State shall> divided into districts, corresponding in number with the representatives which it may be entitled; which districts shall be formed of contiguous com ties, and be compact. Each district shall contain, as nearly as may be, 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 t Commonwealth of Virginia, shall constitute and form the State of West ginia, viz.:

The counties of Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, C houn, Clay, Doddridge, Fayette, Gilmer, Grant, Greenbrier, Hampshire, H cock, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Le Marion, Marshall, Mason, McDowell, Mercer, Mineral, Mingo1, Monongal Monroe, Morgan, Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, Prest Putnam, Raleigh, Randolph, Ritchie, Roane, Summers, Taylor, Tucker, Tyế Upshur. Wayne, Webster, Wetzel. Wirt, Wood and Wyoming. The State West Virginia includes the bed, bank and shores of the Ohio river, and i much of the Big Sandy river as was formerly included in the Commonwe of Virginia; and all territorial rights and property in, and jurisdiction e": the same, heretofore reserved by and vested in the Commonwealth of T ginia, are vested in and shall hereafter be exercised by the State of We Virginia. And such parts of the said beds, banks and shores, as lie oppe and adjoining the several counties of this State, shall form parts of s several counties, respectively.

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

ment.

"The convention which framed the constitution of West Virginia assembri Charleston on Jan. 16, 1872, and adjourned on Apr. 9, 1872. The constitution & schedule were submitted to the electors on Aug. 22, 1872, and were ratified majority of 4,567, out of a total vote of 80,000. The constitution and schedule bec operative on the fourth Thursday of August, 1872.

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

SEC. 3. All persons residing in this State, born, or naturalized in the United tates, and subject to the jurisdiction thereof, shall be citizens of this State. SEC. 4. Every citizen shall be entitled to equal representation in the govment, and, in all apportionments of representation, equality of numbers those entitled thereto, shall as far as practicable, be preserved. SEC. 5. No distinction shall be made between resident aliens and citizens, s to the acquisition, tenure, disposition or descent of property.

SEC. 6. Treason against the State shall consist only in levying war against or in adhering to its enemies, giving them aid and comfort, No person all be convicted of treason. unless on the testimony of two witnesses to e same overt act, or on confession in open court. Treason shall be punished, cording to the character of the acts committed, by the infliction of one, more of the penalties, of death, imprisonment or fine, as may be prescribed ̧ law.

SEC. 7. The present seal of the State with its motto, "Montani Semper beri," shall be the great seal of the State of West Virginia, and shall be pt by the Secretary of State, to be used by him officially, as directed by law. SEC. 8. Writs, grants and commissions, issued under the authority of this ate shall run in the name of, and official bonds shall be made payable to State of West Virginia. Indictments shall conclude, "Against the peace

d dignity of the State."

ARTICLE III.

BILLS OF RIGHTS.

SECTION 1. All men are, by nature, equally free and independent, and ve certain inherent rights, of which when they enter into a state of society, y can not, by any compact, deprive or divest their posterity, namely: the joyment of life and liberty, with the means of acquiring and possessing perty, and of pursuing and obtaining happiness and safety.

SEC. 2. All power is vested in, and consequently derived from, the people. gistrates are their trustees and servants, and at all times amenable to

m.

SEC. 3. Government is instituted for the common benefit, protection and urity of the people, nation or community. Of all its various forms that is best, which is capable of producing the greatest degree of happiness and ety, and is most effectually secured against the danger of maladministraand when any government shall be found inadequate or contrary to se purposes, a majority of the community has an indubitable, inalienable, indefeasible right to reform, alter or abolish it in such a manner as Il be judged most conducive to the public weal.

SEC. 4.

The privilege of a writ of habeas corpus shall not be suspended. person shall be held to answer for treason, felony or other crime not nizable by a justice, unless on presentment or indictment of a grand jury. bill of attainder, ex post facto law, or law impairing the obligation of ontract, shall be passed.

SEC. 5.

Excessive bail shall not be required, nor excessive fines imposed. cruel and unusual punishment inflicted. Penalties shall be proportioned the character and degree of the offense, No person shall be transported of, or forced to leave the State for any offense committed within the e: nor shall any person, in any criminal case, be compelled to be a witness inst himself, or be twice put in jeopardy of life or liberty for the same

use.

SEC. 6.

The right of citizens to be secure in their houses, persons, papers effects, against mreasonable searches and seizures, shall not be violated. warrant shall issue except upon probable cause, supported by oath or mation, particularly describing the place to be searched, or the person or g to be seized.

SEC. 7. No law abridging the freedom of speech, or of the press, shall be ed; but the Legislature may by suitable penalties, restrain the publication sale of obscene books, papers or pictures, and provide for the punishment

(95)

of libel, and defamation of character, and for the recovery in civil actions, by the aggrieved party, of suitable damages for such libel, or defamation.

SEC. S. In prosecutions, and civil suits for libel, the truth may be give in evidence; and if it shall appear to the jury that the matter charged as libelous, is true, and was published with good motives, and for justifiable ends. the verdict shall be for the defendant.

SEC. 9. Private property shall not be taken or damaged for public u without just compensation; nor shall the same be taken by any company, incorporated for the purpose of internal improvements, until just compens tion shall have been paid or secured to be paid, to the owner; and wh private property shall be taken, or damaged, for public use, or for the of such corporations, the compensation to the owner shall be ascertained! such manner, as may be prescribed by general law; Provided, that when quired by either of the parties, such compensation shall be ascertained an impartial jury of twelve freeholders.

SEC. 10. No person shall be deprived of life, liberty, or property, with due process of law, and the judgment of his peers.

SEC. 11. Political tests requiring persons, as a pre-requisite to the enjoy ment of their civil and political rights, to purge themselves by their own cathof past alleged offenses, are repugnant to the principles of free governner. and are cruel and oppressive. No religious or political test oath shall required as a pre-requisite or qualification to vote, serve as a juror, se plead, appeal, or pursue any profession or employment. Nor shall any pers be deprived by law, of any right, or privilege, because of any act done pr to the passage of such law.

SEC. 12. Standing armies in time of peace, should be avoided, as dange to liberty. The military shall be subordinate to the civil power; and citizen unless engaged in the military service of the State, shall be tre or punished by any military court, for any offense that is cognizable by : civil courts of the State. No soldier shall, in time of peace, be quartered any house, without the consent of the owner; nor in time of war, ex in the manner to be prescribed by law.

SEC. 13. In suits at common law, where the value in controversy ex twenty dollars exclusive of interest and costs, the right of trial by jury. required by either party, shall be preserved; and in such suit before a jus a jury may consist of six persons. No fact tried by a jury shall be wise re-examined in any case than according to the rules of the common ♫* SEC. 14. Trial of crimes, and of misdemeanors, unless herein other provided, shall be by a jury of twelve men, public, without unrease delay, and in the county where the alleged offence was committed. upon petition of the accused, and for good cause shown, it is removed some other county. In all such trials, the accused shall be fully and p informed of the character and cause of the accusation, and be confre with the witnesses against him, and shall have the assistance of counse a reasonable time to prepare for his defence; and there shall be awarded him compulsory process for obtaining witnesses in his favor.

SEC. 15. No man shall be compelled to frequent or support any rele worship, place or ministry whatsoever; nor shall any man be enforced strained, molested or burthened, in his body or goods, or otherwise suffer account of his religious opinions or belief, but all men shall be free to pr and by argument. to maintain their opinions in matters of religion; apl ́ same shall, in no wise, affect, diminish or enlarge their civil capacities; the legislature shall not prescribe any religious test whatever, or confer peculiar privileges or advantages on any sect or denomination, or pass law requiring or authorizing any religious society, or the people of any dis within this State, to levy on themselves, or others, any tax for the erecti repair of any house for public worship, or for the support of any churc ministry, but it shall be left free for every person to select his religious structor, and to make for his support, such private contract as he shall

2 Amendment proposed by the legislature of 1879 and ratified on Oct. 12. 198

SEC. 16. The right of the people to assemble in a peaceable manner, to onsult for the common good, to instruct their representatives, or to apply for dress of grievances, shall be held inviolate.

SEC. 17. The courts of this State shall be open, and every person, for n injury done to him, in his person, property or reputation, shall have emedy by due course of law; and justice shall be administered without sale, enial or delay.

1

SEC. 18. No conviction shall work corruption of blood or forfeiture of

state.

SEC. 19. No hereditary emoluments, honors, or privileges shall ever be ranted or conferred in this State.

SEC. 20. Free government and the blessings of liberty can be preserved o any people only by a firm adherence to justice, moderation, temperance, fruality and virtue, and by a frequent recurrence to fundamental principles.

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SECTION 1. The male citizens of the State shall be entitled to vote at all lections held within the counties in which they respectively reside; but 10 person who is a minor, or of unsound mind, or a pauper, or who is under onviction of treason, felony, or bribery in an election, or who has not been resident of the State for one year, and of the county in which he offers o vote, sixty days next preceding such offer, shall be permitted to vote while uch disability continues: but no person in the military, naval or marine service f the United States shall be deemed a resident of this State by reason of eing stationed therein.

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SEC. 2. In all elections by the people, the mode of voting shall be by allot; but the voter shall be left free to vote by either open, sealed or secret allot, as he may elect.

SEC. 3. No voter, during the continuance of an election at which he is ntitled to vote, or during the time necessary and convenient for going o and returning from the same, shall be subject to arrest upon civil process, ▪r be compelled to attend any court; or judicial proceeding, as suitor, juror or vitness or to work upon the public roads; or, except in time of war or public danger, to render military service.

SEC. 4. No person, except citizens entitled to vote, shall be elected ́or appointed to any State, county or municipal office; but the Governor and Judges must have attained the age of thirty, and the Attorney General and Senators the age of twenty-five years, at the beginning of their respective terms of service; and must have been citizens of the State for five years next precedng their election or appointment, or be citizens at the time this Constitution goes into operation.

SEC. 5. Every person elected or appointed to any office, before proceedng to exercise the authority, or discharge

or affirmation that he will support the es thereof, shall make ‘oätà

of the United States and The Constitution of this State, and that he will faithfully discharge the duties of his said office to the best of his skill and judgment, and no other oath. leclaration or test shall be required as a qualification, unless herein otherwise

provided.

SEC. 6. All officers elected or appointed under this Constitution, may, uness in cases herein otherwise provided for, be removed from office, for official misconduct, incompetence, neglect of duty, or immorality, in such manner as may be prescribed by general laws, and unless so removed they shall continue o discharge the duties of their respective offices, until their successors are lected, or appointed and qualified.

SEC. 7. The general elections of State and county officers, and of members of the legislature, shall be held on the Tuesday next after the first Monday in November, until otherwise provided by law. The terms of such officers not elected, or appointed to fill a vacancy, shall, unfess herein otherwise

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