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CONSTITUTION OF LOUISIANA-1913*

PREAMBLE. We, the people of the State of Louisiana, grateful to Almighty God for the civil, political and religious liberties we enjoy and desiring to secure the continuance of these blessings, do ordain and establish this Constitution.

BILL OF RIGHTS. ARTICLE 1. All government, of right, originates with the people, is founded on their will alone and is instituted solely for the good of the whole. only legitimate end is to secure justice to all, preserve peace and promote the interest and happiness of the people.

ART. 2. No person shall be deprived of life, liberty or property, except by due process of law.

ART. 3. No law shall ever be passed to curtail or restrain the liberty of speech or of the press; any person may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty.

ART. 1. Every person has the natural right to worship God, according to the dictates of his conscience, and no law shall be passed respecting an establishment of religion.

Art. 5. The people have the right peaceably to assemble and apply to those vested with the powers of government for a redress of grievances by fetition or remonstrance.

ART. 6. All courts shall be open, and every person for injury done bim in bis rights, lands, goods, person or reputation shall have adequate remedy hiç due process of law and justice administered without denial, partiality or unreasonable delay.

ART. 7. The right of the people to be secured in their persons, houses, jepers and effects against unreasonable searches and seizures shall not be violated and no warrant shall issue except upon probable cause, supportech by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

ART. 8. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be abridged. This shall not prevent the passage of laws to punish those who carry weapons concealed.

ART. 9. In all criminal prosecutions the accused shall have the right to a speedy public trial by an impartial jury; provided, that cases in which the { walty is not necessarily imprisonment it hard labor, or death, shall be tried by the court without a jury or by a jury less than twelve in number, as provided elsewhere in this constitution; provided further, that all trials shall take place in the parish in which the offense was committed, unless the renne be chaiged. The accused in' every instance shall have the right to be confronted with the witnesses against him; he shall have the right to defend himself, to have the assistance of counsel, and to have compulsory process for obtaining witnesses in his favor, Prosecutions shall be by indictment or information; but the General Assembly may provide for the prosecution of misdemeanors on atfidavits; provided, that no person shall be held to answer for a capital crime unless on i presentment or indictment by a

*The constitution of Louisiana was drafted by a convention which assembled at Baton Rouge on November 10, 1913, and adjourned on November 22, 1913. The concrítution was not submitted to the electors but was promulgated by the convention itself and declared to be in force from and after November 22, 1913. The constitution is based largely on the constitution of 1898 and although manifestly complete in itself contains a provision in the Schedule that "the omission from this Constitution of my Article of the Constitution of 1898 and the amendments thereto or of any ther existing Constitutional provision shall not amount to the repeal thereof, unless the same be inconsistent with this Constitution."

grand jury, except in cases arising in the militia when in actual service in time of war or public danger; nor shall any person be twice put in jeopardy of life or liberty for the same offense, except on his own application for a new trial, or where there is a mistrial, or a motion in arrest of judgment is sustained.

ART. 10. In all criminal prosecutions, the accused shall be informed of the nature and cause of the accusation against him; and when tried by jury shall have the right to challenge jurors peremptorily, the number of challenges to be fixed by law.

ART. 11. No person shall be compelled to give evidence against himself in it criminal case, or in any proceeding that may subject him to' criminal prosecution, except as otherwise provided in this Constitution.

ART. 12. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. All persons shall be bailable by sufficient sureties, unless for capital offenses where the proof is evident or presumption great, or unless after conviction for any crime or offense puniishable with death or imprisonment at hard labor,

ART. 13. The privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it.

ART. 11. The military shall be in subordination to the civil power.

ART. 15. This enumeration of rights shall not be construed to deny or impair other rights of the people not herein expressed.

DISTRIBUTION OF POWERS. ART. 16. The powers of the government of the State of Louisiana shali be divided into three distinct departments, each of them to be confided to a separate body of magistracy, to-wit: Those which are legislative to one, those which are executive to another, and those which are judicial to another.

ART. 17. No one of these departments, nor any person or collection of persons holling office in one of them, shall exercise power properly belonging to either of the others, except in the instances hereinafter expressly directed Ol permitted.

LEGISLATIVE DEPARTMENT.

APPORTIONMENT. ART. 18. Representation in the House of Representatives shall be equal and uniform, and shall be based upon population. Each parish and each ward of the City of New Orleans shall have at least one representatire. its first regular session after the adoption of this Constitution, and at its first regular session after each United States census, thereafter, the General Assembly shall and it is hereby directed to reapportion the representation among the several parishes and wards of the City of New Orleans on the basis or the total population shown by such census. A representative number shall be fixed and each parish and ward of the City of New Orleans shall have as mans representatives as such representative number is contained in the total number of inhabitants of such parish or ward of the City of New Orleans, as shown by the last preceding United States census, and one additional representative for every fraction exceeding one-half the representative number. The number of representatives shall not be more than one hundred and twenty (1201. provided that when a new parish or parishes is or are created as authorizeil by this Constitution, and the maximum number of representatives has beel: previously apportioned to other parishes, then such new parish or parishes shall be assigned a representative each in addition to the maximum one bundred and twenty fixed berein, ind to that extent the maximum shall be increa sed, until the next apportionment of representatives is made by the General Assembly at which time the maximum of one hundred and twenty shal! be restored. That if there is more th:in one representative in a parish from which the larger portion of the territory is taken for the purpose of creatins a new parish, one of such representatives may be apportioned to the new parish in the same act which creates the parish.

Art. 19. The General Assembly, in every year in which it shall apportion representation in the House of Representatives, shall divide the State into Senatorial Districts. No parish shall be divided in the formation of a Senatorial District, the Parish of Orleans excepted. Whenever a new parish is created, it shall be attached to the Senatorial District from which most of its territory is taken, or to another contiguous district, at the discretion of the General Assembly, but shall not be attached to more than one district. The number of Senators shall not be more than forty-one nor less than thirtysis, and they shall be apportioned among the Senatorial Districts according to the total population contained in the several districts.

ART. 20. Until a reappointment shall bave been made in accordance with Articles 18 and 19, the present apportionment of Senators and Representatives shall remain in force.

GENERAL ASSEMBLY. ART. 21. The legislative power of the State shall be vested in a General Issembly, which shall consist of a Senate and House of Representatives.

ART. 22. The style of the laws of this state shall be: "Be it enacted by ile General Assembly of the State of Louisiana."

Art. 23. The General Assembly shall meet at the seat of government on the second Monday in May, 1914. at twelve o'clock noon and bi-ennially thereafter, and the sessions thereof shall be limited to sixty days. Should á vacancy Antur in either House, the Governor shall order an election to fill such vacancy for the remainder of the term.

JRT. 21. Every elector under this ('onstitution shall be eligible to a seat in the House of Representatives, and every elector who has reached the age of twenty-five years shall be eligible to the Senate; provided, that no person stall be eligible to the General Assembly unless at the time of his election he has been a citizen of the State for five years, and an actual resident of the district or jurish or ward of the city of New Orleans from which he may be elected for two years immerliately preceding his election. The seat of any member who may change his residence from the district or parish or ward of the City of New Orleans which he represents shall thereby be vacated, any declaration of a retention of domicile to the contrary notwithstanding; and members of the General Assembly shall be elected for a term of four years.

ART. 25. Each House shall be the judge of the qualifications, elections and returns of its own members, choose its own officers, except President of the Senate, determine the rules of its proceedings, and may punish its members for disorderly conduct and contempt, and, with the concurrence of two-thirds of all its members elected, expel a member.

ART. 26. Either House. during the session, may punish by imprisonment any person not a member who shall have been guilty of disrespect, or disorderly or contemptuous behavior; but such imprisonment shall not exceed ten days for each offense.

Art. 27. No Senator or Representative shall, during the term for which he was elected, nor for one year thereafter, be appointed or electeil to any civil office of profit under this State which may have been created, or the emoluments of wbich mly have been increased by the General Assembly during the time such Senator or Representative was a member thereof.

ART. 28. The nembers of the General Assembly shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attemiance at the sessions of their respective Houses, and in going to and returning from the same: and for any speech or debate in either House they sball not be questioned in any other place.

Art. 29). The members of the General Assembly shall receive a compensation not to exceed five dollars per day during their attendance, and five ents per mile going to and returning from the seat of government.

ART. 30. Each House shall keep a Journal of its proceeilings, and cause the same to be published immediately after the close of the session; when practicable, the minutes of each day's sessiou shall be printed and placed in the hands of members on the day following. The original Journal shall be

preserved, after publication, in the office of the Secretary of State, but there shall be required no other record thereof.

ART. 31. Every law enacted by the General Assembly shall embrace but one object, and that shall be expressed in its title.

ART. 32. No law shall be revived, or amended by reference to its title, but in such cases the act revived, or section as amended, shall be re-enacted and published at length.

ART. 33. The General Assembly shall never adopt any system or code of laws by general reference to such system or code of laws; but in illl cases shall recite at length the several provisions of the laws it may enact.

ART. 34. Not less than a majority of the members of each House of the General Assembly shall form a quorum to transact business, but it smaller number may adjourn from day to day, :und shall have power to compel the attendance of absent members.

Art. 35. Neither House, during the sitting of the General Assembly, shall. without the consent of the other, adjourn for more than three days, nor to ny other place than that in which it may be sitting.

ART. 36. The yeas and nays on any question in either House shall, at the desire of one-fifth of the members elected, be entered on the Journal.

ART. 37. All bills for raising revenue or appropriating money shall originate in the House of Representatives, but the Senate may propose or con('ur in amendments, as in other bills.

Art. 38. No bi!), ordinance or resolution, intended to have the effect of a law, which shall have been rejected by either House, shall be ilgain proposed in the same House during the same session, under the same or any other title, without the consent of a majority of the llouse by which the same was rejected.

ART. 39. Every bill shall be read on three different days in each Hous und no bill shall be considered for final passage unless it has been read once in full, and the same has been reported on by a committee; nor shall any bill become a law unless, on its final passage, the vote be taken by yeas and nays, the names of the members voting for or against the same be entered on the Journal, and a majority of the members elected to each House le reconied thereon as voting in its favor; provided, that bills revising the statutes or codes of this State, or adopting a criminal code is a whole, sha! be read and promulgated in such manner is may be prescribed by the Gener Assembly.

ART. 10. No amendments to bills by one House shall be concurred in by the other, nor shall reports of committees of conference be adopted in eithe House except by a majority of the members elected thereto, the vote to live taken by yeas and nays, and the names of those roting for or against recordel upon the Journal.

ART. 41. Whenever a bill that has been passerl by both houses has been enrolled and placed in possession of the House in which it originatel, the utie shall be read, and, at the request of illiy five members, the bill shall be read in full, when the Speaker of the House of Representatives or the Presidear of the Senate, as the case may be, shall at once sign it in open house, and thi fact of signing shall be noted on the Journal; thereupon the ('lerk or Secre tary shall immediately convey the bill to the other House, whose presiding officer shall cause a suspension of all other business to read and sign the bill in open session and without delay.

As soon as bills are signed by the Speaker of the House and Presiulent of the Senate, they shall be taken at once, and on the same day, to the Governor by the ('lerk of the House of Representatives or Secretary of the Senate.

ART. 12. No law passed by the General Assembly, except the gener: isppropriation act, or act appropriating money for the expenses of the Gener Assembly. shall take effect until promulgated. Laws shall be considered promulgated ten days after publication in the State Journal. The State Jourmal shall be published at the capital.

ART. 43. The clerical officers of the two Houses shall be a Secretary ni the Senate and Clerk of the House of Representatives, with such assistant

as may be necessary; but the expenses for said officials, including the Sergeant-at-Arms, of each House together with all clerks of committees and all other employees of whatever kind, shall not exceed one hundred dollars daily for the Senate, nor one hundred and twenty dollars daily for the House, and the Chairman of the Committee on Contingent Expenses of each House shall not issue warrants for any compensation in excess of said amounts. No donation of any unexpended balances shall be made as extra compensation or for iny other purpose.

ART. 47. Il stationery, printing, paper and fuel used in the legislative and other departments of government shall be furnished, and the printing. binding and distribution of the laws, journals and department reports, and all other printing and binding, and the repairing and furnishing of the halls and rooms used for the meetings of the General Assembly and its committees, shall be done under contract, to be given to the lowest responsible bidder below such maximum price amd under such regulations as shall be prescribed by law.

No member or othicer of any of the departments of the government shall be in any way interested in the contracts; and all such contracts shall be subject to the approval of the Governor, the President of the Senate, the Speaker of the House of Representatives, or of any two of them.

LIMITATION OF LEGISLATIVE POWERS. ART. 15. No money shall be drawn from the treasury except in pursuance of specific appropriation made by law; nor shall any appropriation of money be made for a longer term than two years, A regular statement and account of receipts and expenditures of all public moneys shall be published every three months, in such manner as shall be prescribed by law.

ART. 16. The General Assembly shall have no power to contract, or to authorize the contracting of any debt or liability, on behalf of the State; or to issue bonds or other evidence of indebtedness thereof, except for the pur10 of repelling invasion, or for the suppression of insurrection,

Art. 47. The General Assembly shall have no power to grant or authorize any parish or municipal iluthority to grant any extra compensation, fee or allowance to a public officer, il gent, servant, or contractor, nor pay, nor authorize the payment of any claim against the State or any parish or municipality thereof, under any agreement or contract made without express authority of law; and all such unauthorized agreements or contracts shall be null and void.

ART. 18. The General Assembly shall not pass any local or special lair on the following specified subjects:

For the opening and conducting of elections or fixing or changing the place of voting.

('hanging the names of persons.
C'hanging the venue in civil or criminal cases.

Authorizing the laying out, opening. «losing. Ultering or maintaining ro:lds. highways, streets or alleys, or relating to ferries and bridges, or incorporating bridge or ferry companies, except for the erection of bridges crossing streams which form boundaries between this :ind any other State.

Authorizing the adoption of legitimation of children or the emancipation of minors.

Granting divorces.
Changing the law of descent or succession.
Affecting the estates of minors or person under disabilities.

Remitting fines. penalties, and forfeitures, or refunding moners legally paid into the treasury.

Authorizing the construction of street passenger railroads in any incorporated town or city.

Regulating labor, trade, manuf:cturing or agriculture.

('reating corporations, or amending. renewing, extending or explaining the charters thereof; provided. this shall not apply to municipal corporations haring a population of not less than twenty-five hundred inbabitants, or to

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