« AnteriorContinuar »
by Governor until next general election; and I lowed by law shall not be increased or diminthat at the election for justices of the Supreme ished during the time for which they shall be Court, next after the adoption of these amend. elected. ments, no elector shall vote for more than four No debt shall be incurred by any municipal persons for such position.
corporation, except in pursuance of an order or Sections 10, 11, and 12 provide that each county ordinance previously made therefor by the muis a judicial district; judges shall be elected at nicipal authorities, which order or ordinance the general election next after the adoption of shall provide for the payment thereof. these amendments; vacancies by death, &c., filled Private property shall not be liable to be by Governor, until next general election; every taken or sold for the payment of the corporate county of 20,000 inhabitants to have one such debts of a municipal corporation. Judge; counties containing more than 20,000 The Legislature may vest the corporate aumay elect such further number of such judges as thorities of cities, or consolidated cities and counshall be prescribed by statute, not exceeding one ties, with power to make local improvements, for every 20,000 inhabitants and ope for such by special assessment or by special taxation of fraction as shall exceed 10,000.
contiguous property, or otherwise. The justices of the Supreme Court and the district judges shall be ineligible to any other office
ARTICLE X. than a judicial office during the term for which SEC. 2. Each stockholder shall be individually they shall have been elected, and shall, before and personally liable for his proportion of all entering upon their offices, in addition to the debts and liabilities of a corporation created or oath of office, take and subscribe an oath that incurred while he remains such stockholder. they will not, during such term, accept any fed- | The exercise of the right of eminent domain eral office.
shall never be abridged, or so construed as to ARTICLE VIII.
prevent the Legislature from taking the property Section 1 provides that “all things and choses and franchises of corporations, and subjecting in action, subject to ownership, sale, devise, de-them to public use, the same as the property of scent, distribution, or assignment, shall be deemed | individuals; and the exercise of the police powproperty for purposes of taxation."
er of the State shall never be abridged, or 80 The present bonded debt of the State is valid. I construed as to permit corporations to conduet and the Legislature shall provide by statate for
ate for their business in such manner as to infringe the the payment thereof.
equal rights of individuals, or the general wellSection 3 provides against any increase of the being of the State. State debt above $300,000, except in case of war, !
In all elections for directors or managers of a
In all election to repel invasion. &c., or for the purposes of car- corporation, each member or shareholder may rying out a general system of irrigation, or to
cast the whole number of his votes for one canprovide the means of payment, if it becomes
| didate, or distribute them upon two or more necessary to condemn to the use of the State the candidates, as he may prefer. railroads within its limits."
No corporation shall engage in any business The comptroller shall determine and publish. other than that expressly authorized in its charwhen the limit of the public debt: allowed by | ter; nor shall it take or hold any real estate, this constitution has been reached, and all other except such as may be necessary and proper for ar further obligations of the State shall be void. Neither the credit of the State nor of any mu
No corporation shall issue stocks or bonds exnicipal corporation authorized under the laws cept for money, labor done, or property actually thereof shall be pledged or loaned to any indi
received; and all fictitious increase of stock or vidual, company, corporation, or association;
indebtedness shall be void. The stock of cornor shall the State or any municipal corporation porations shall not be increased, except in purbecome a joint owner of or a stockholder in any
suance of general law, nor without the consent company, association, or corporation; nor shall of the persons holding the two-thirds in value the State or any municipal Corporation become of the stock, first obtained at a meeting to be bound to pay any bond, or interest on any bond held after sixty days' notice, given in pursuance or other obligation of any individual, associa- of law. tion, or corporation, and no county or other! No railroad or telegraph company shall conmunicipal corporation under the laws of this State shall incur any obligation to raise money
bonds of any other railroad or telegraph com for the construction of any work not exclusively
pany, nor shall the same persons be officers in under the control of public officers.
corporations owning competing lines of railroads
or telegraphs. ARTICLE IX.
No railroad or telegraph company shall lease, The boundaries of counties shall be established or in any manner manage or control, the raibby statute, and no statute shall be passed chang- road or telegraph line of another company. ing a county boundary, until it be shown to the All individuals, associations, and corporations Legislature that a notice was published in some shall have equal right to have persons and propnewspaper of general circulation in the counties erty transported over railroads; and no undue to be affected by such change at least thirty days or unreasonable discrimination shall be made in before the last general election, stating that ap- charges for, or in facilities for transportation of plication would be made to the Legislature for freight or passengers within the State, or coming such change.
from or going to any other State. Persons and * Salaries of county officers and pay al property transported over any railroad shall be
delivered at any station, at charges not exceed
Florida. ing the charges for transportation of persons and
[These amendments were adopted at the late property of the same class in the same direction to any more distant station; but excursion and
session of the Legislature, and if ratified at the commutation tickets may be issued at special
next session, will be submitted to popular vote.] rates.
ARTICLE IV. The Legislature shall pass statutes to correct abuses and prevent unjust discrimination and
SEC. 2. From and after the first Tuesday after extortion in the rates of freights and fares on the first Monday in January, A. D. 1877, the the railroads in the State, and provide for the regular sessions of the Legislature shall be held enforcement of such statutes by adequate penal- biennially, commencing on said day, and on ties, to the extent, if necessary for that purpose,
the corresponding day of every second year of forfeiture of property and franchises.
thereafter, but the Governor may convene the Every railroad corporation organized in this same in extra session by his proclamation. State shall maintain an office therein where SEC. 29. The Assembly sball have the sole transfers of its stock shall be made, and where power of impeachment, but a vote of two-thirds its books shall be kept for inspection by any
of all the members present shall be required to stockholder or creditor of such corporation, in impe
in impeach any officer; and all impeachments shall which books shall be recorded the amount of be tried by the Senate. When sitting for that capital stock subscribed or paid in, and by whom, purpose, the Senators
purpose, the Senators shall be upon oath or afirmthe names of the owners of its stock and the lation, and no person shall be convicted without amounts owned by them respectively, the trans
the concurrence of two-thirds of the Senators fers of said stock, and the names and places of pre
present. residence of its officers.
The Senate may adjourn to a fixed day for the All railroads shall be public highways, and trial of any impeachment, and may sit for the all railroad companies shall be common carriers. purpose of such trial, whether the Assembly be Any corporation organized for the purpose shall
hali in session or not; but the time fixed for such have the right to construct and operate a rail. trial shall not be more than six months from the road between any points within this State, and time articles of impeachment shall be preferred to connect at the State line with railroads in by the Assembly other States. Every railroad company shall. I
chalil "The Chief Justice shall preside at all trials by have the right with its road to intersect, connect impeachment, except
Connect impeachment, except in the trial of the Chief with, or cross any other railroad: and 'shall re- Justice, when the Lieutenant Governor shall ceive and transport each others' passengers, ton- | preside. page, and cars, loaded or empty, without delay
The Governor, Lieutenant Governor, members or discrimination, in such manner as may be
avia of the Cabinet, Justices of the Supreme Court, prescribed by general statute.
and Judges of the Circuit Court, shall be liable No president, director, officer, or employee of I to impeachment for any misdemeanor in office: any railroad company shall be interested. di. but judgment in such cases shall extend only to rectly or indirectly, in the furnishing of material removal from office, and disqualification to hold or supplies to such company, or in the business any office of honor, trust, or profit under the of transportation as a common carrier of freight
State ; but the party convicted or acquitted shall or passengers over the works owned, leased, con
nevertheless be liable to indictment, trial, and trolled, or worked by such company.
punishment according to law. All other officers No railroad, railway, or other transportation
who shall have been appointed to office by the company shall grant free passes, or passes at a
Governor, and by and with the consent of the discount, to any public officers.
Senate, may be removed from office upon the
recommendation of the Governor and consent of ARTICLE XI.
the Senate, but they shall nevertheless be liable The Legislature shall provide for the mainte
to indictment, trial, and punishment according to nance of and support of a thorough and efficient
law for any misdemeanor in office ; all other civil
officers shall be tried for misdemeanor in office system of public schools, wherein all the children within the State may be educated.
in such manner as the Legislature may provide. All public moneys raised for school purposes,
ARTICLE V. all moneys, lands, and other property, which have heretofore or shall hereafter come to the
SEC. 14. A Lieutenant Governor shall be electState for school purposes, and the proceeds, rents, ed at the same time and places and in the same issues, and profits of such lands and other prop. manner as the Governor, whose term of office erty, shall be appropriated exclusively to the and eligibility shall also be the same. He shall support of the common school system of this
be the President of the Senate, but shall only State.
have a casting vote therein. ARTICLE XII.
In the case of the impeachment of the Governor,
or his removal from office, death, inability to disArticle X of the existing constitution is charge his official duties, or resignation, the changed to article XII, and the first section power and duties of the office shall devolve thereof is so changed as to permit an amendment upon the Lieutenant Governor for the residue of the constitution to be made by one Legisla- of the term, or until the disability shall cease. ture and a ratification vote by the people, in. In the case of the impeachment of the Lieustead of by the affirmative vote of two succes. tenant Governor, or his removal from office, sive Legislatures and a ratifying popular vote. Ideath, inability to discharge his ufficial duties, or resignation, the power and duties of the office ing female suffrage passed the House-yeas 56, shall devolve upon the President pro tem. of the Days 38; not voting 6. Senate. But the Governor shall not, without the con.
Kentucky. sent of the Legislature, be out of the State in
| Under act of December 18, 1873, the sense of time of war. Section 15 is abrogated.
the people of the State, as to the propriety of
calling a convention to revise the constitution, SEC. 16. The Governor may at any time re-1
Jis to be taken at the next general election-Noquire the opinion of the Justices of the Supreme Court as to the interpretation of any portion of
vember, 1874. this Constitution upon any question affecting his executive powers and duties, and the Justices
Michigan. shall render such opinion in writing
[The following amendments to the constitu. SEC. 22. The Governor shall have power to tion were proposed by the constitutional comdisapprove of any item or items of any bill mission of 1873; reviewed by the Legislature, making appropriations of money, embracing dis- being adopted in the shape of a joint resolution, tinct items, and the part or parts of the bill ap- (Senate-yeas 25, nays 3; House-yeas 77, nays proved shall be the law; and the item or items 16,) to be submitted to the people for ratificaof appropriations disapproved shall be void un- tion or rejection at the general election in Noless repassed according to the rules and limita- | vember, 1874.] tions prescribed for the passage of other bills
ARTICLE II. over the Executive veto.
* * * No special privilege or immunity ARTICLE VI.
shall be granted that may not be revoked. Sections 5, 7, and 8 relate to the powers and * * * No person shall be compelled * '* jurisdiction of the Supreme and Circuit Courts, * against his consent to contribute to the erecand as to the appointment and terms of the five tion or support of any place of religious worcircuit judges.
ship. * *** Section 10 is abrogated.
. Nor shall any witness be questioned as to his Section 11 describes the powers of the county religious belief. court and its judges.
*°* * The Legislature may authorize, in SEC. 12. Grand and petit jurors shall be taken courts not of record, a trial by à jury of a less from the registered voters of the respective coun- | number than twelve; in all courts, in civil ties. The number of jurors for the trial of cases, a verdict by not less than two-thirds of causes in any court may be fixed by law.
the jury; and in criminal cases, by consent of SEC. 15. The Governor shall appoint as many parties, a discharge of not more than one juror justices of the peace as he may deem necessary. and a verdict by the remainder. * * * They may hold their offices for the
* * * No person shall be compelled, in any term of four years, subject to removal by the criminal case, to be a witness against himself; Governor for reasons satisfactory to him.
but if any person shall elect to make a statement ARTICLE XIT.
in his own behalf, he shall be subject to cross
examination relative to the matter of such stateSEC. 7. The Legislature shall have power to
ment. provide for issuing State bonds bearing interest for securing the debt of the State, for the erec
ARTICLE IV. tion of State buildings, and for the support of
The Senate shall consist of thirty-three memState institutions; but the credit of the State bers, *, shall not be pledged or loaned to any individual. I in the odd-numbered districts, four years. * * * company, or corporation, or association; nor! Sec. 3. The House of Representatives shall shall the State become a joint owner or stock consist of one hundred and ten members, to be bolder in any company, association, or corpora
apportioned among the several counties and dis
tricts, according to an equal ratio of population, The Legislature shall not authorize any as near as may be. Each county having a ratio county, city, or borough, township, or incorpor- of representation, and a fraction over equal to ated district to become a stockholder in any
and one-third of such ratio, shall be entitled to two company, association, or corporation, or to ob- Representatives, and above that number one tain or appropriate money for or to loan its additional Representative for each additional credit to any corporation association institoratio; but every organized county containtion, or individual.
ing a population of not less than one-third of ARTICLE XVI.
the ratio of representation, and every two or
more contiguous organized counties containing Section 3 defines the several judicial circuits.
a like population, shall be entitled to a RepreSections 7 and 8 are abrogated.
sentative. Every unorganized county shall be SEC. 24. The property of all corporations, attached to a Representative district. Reprewhether heretofore or hereafter incorporated, sentatives shall be chosen for two years and by shall be subject to taxation, unless such property single districts. * * * be held for religious, educational, or charitable Bills may originate in either House, but no purposes.
bill or new subject of legislation shall be intro
duced after the expiration of the first fifty days Iowa.
of the session, except on recommendation of the * The proposed constitutional amendment allow.. Governor by special message.
Section 15 allows compensation of $4 per day, 1 Section 24 omits the words “but no money and ten cents mileage each way, to members of shall be appropriated for the payment of any the Legislature.
religious services in either House of the Legislat No person elected a member of the Legislature ture. shall receive any civil appointment other than The Legislature shall not authorize any lottery that of notary public from the Governor, the or permit the sale of lottery tickets. Governor and Senate, from the Legislature, or No money shall be appropriated or drawn from any other State authority, or be eligible to any the treasury of this State, or of any municipal office which shall have been created, or the corporation, for the benefit of any religious sect emoluments of which shall have been increased, or society, theological or religious seminary, or by the Legislature of which he is a member, until school under private or denominational control; the expiration of the term for which he is elected. nor shall property belonging to the State or any All such appointments, and all votes given for municipal corporation be appropriated for any any person so elected for any such office or ap- such purpose. pointment, shall be void. No member of the The Legislature shall provide by law for an Legislature shall be interested, directly or indi- enumeration of the inhabitants of the State in rectly, in any contract with the State or any the year eighteen hundred and eighty-four, and municipal corporation authorized by any law every ten years thereafter, and for the collection passed during the time for which he is elected, of such general statistics and information as shall antil one year after the expiration of his legisla- be deemed necessary. tive term. * * * No public act shall take effect or be
ARTICLE V. in force until the expiration of ninety days from The Governor shall have power to disapprove the end of the session at which the same is of any item or items of any bill making appropassed, unless the Legislature shall otherwise priations of money, embracing distinct items; direct by a two-thirds vote of the members elected and the part or parts approved shall be the law, to each House ; such vote to be taken by yeas and the item or items disapproved shall be Foida and nays, if demanded by any member.
upless repassed according to the rules and limite * * * No * * officer of the State shall ations prescribed for the passage of other bills be interested, directly or indirectly, in any * * over the Executive veto. contract with the State. The legislature shall not pass local or special
ARTICLE VI. laws in any of the following enumerated cases : 1 The Supreme Court is continued, subject to the Divorcing any named party, or upon the subject provisions of this article. The Legislature shall of divorce; changing the names of persons or provide for one additional judge, so that the court places; regulating the jurisdiction and duties of shall consist of five members, to be chosen by the justices of the peace or constables ; providing electors of the State, and for a classification of for changes of venue in civil or criminal cases; 1 judges, so that one shall go out of office every granting any special powers to boards of super- two years. The judge having the shortest time visors; summoning and impaneling grand or to serve shall be chief justice during the remain petit jurors; regulating the rate of interest on der of his term of office. The term of office of a money; authorizing the sale, lease, or mortgage judge of the Supreme Court shall be ten years. of real estate belonging to minors, or by execu: A judge of the Supreme Court may be assigned tors or administrators, or by any religious cor- to hold a Circuit Court in cases provided by law. poration or society; chartering or licensing ferries or toll bridges; remitting fines, penalties, or
ARTICLE IX. forfeitures; creating, increasing, or decreasing Section 1 requires the State officers to reside as fees, percentages, or allowances of public officers; the capital, and personally superintend the duties changing the law of descent; granting to any of their offices. " It changes the annual salaries corporation, association, or individual any special of the Governor from $1,000 to $3,000; Circuit or exclusive privilege, immunity, or franchise Judges, $1,500 to $2 500; State Treasurer, $1,000 whatever; declaring any named person of age; to $2,500; Auditor General, $1,000 to $2,500; Sur extending the time for the assessment or collection perintendent Public Instruction, $1,000 to $2,000; of taxes, or otherwise relieving any assessor or Secretary of State, $800 to $2,000; Commissioner collector of taxes from the due performance of his Land Office, $800 to $2,000 ; and Attorney Gene official duties ; punishing crimes or misdemean- eral, $800 to $2,500. ors; adopting, by any person, any named person as his child or heir; vacating or altering any
ARTICLE X. road laid out by commissioners of highways, or The board of supervisors of any county may, any street, alley, or public ground in any city by a vote of two thirds of their whole number, or village or in any recorded town plat, or for borrow or raise by tax a sum not exceeding in altering the boundaries of any school district, for any one year one mill upon the dollar of the building or repairing bridges, or for draining assessed valuation thereof, for constructing swamp or other low lands, except by expendi- repairing public buildings, highways, or bridges: ture of grants to the State ; exempting any prop | Provided, The indebtedness of a county incurred erty from taxation. The Legislature shall pro- under this section shall at no time exceed two vide by general laws for the cases enumerated mills upon a dollar of such assessed valuation, in this section, and for all other cases which, in unless authorized by a majority of the electors its judgment, may be provided for by general of the county voting thereon, as shall be prolaws
| vided by law.
school fund, and of all funds arising from genCorporations (other than municipal, and those
eral taxes for the support of schools. for charitable, educational, penal, and reforma
| All moneys belonging to the public derived tory purposes, under the control of public author
from fines, penalties, forfeitures, or recoguizances
imposed or taken in the several counties, cities, ity) shall be hereafter created only by general
or townships for any breach of the penal laws of laws.
this State, shall be paid into the county treasury No banking law, authorizing banks of issue, shall have effect until the same shall, after its
and apportioned in the same manner as is the passage, be submitted to a vote of the electors of
income of the primary school fund, and paid
over to the several cities and townships of the the State, at a general election, and be approved by a majority of the votes cast thereon at such
county in which such money accrued, for the election; but the Legislature may alter or amend
support of a library in each township or city, or
for the support of primary schools, as the townthe same. All fictitious issue or increase of the bonds or
ship board of any township, or board of educa. other evidence of indebtedness, or of the capital
tion or school board of any city, may determine. stock of any corporation, is prohibited.
But fines, penalties, forfeitures, and recogniForeign corporations may be permitted to do
zances, accruing from the violation of village or business in this State under such limitations and
city ordinances, shall be paid into the treasury restrictions as may be prescribed by law, but
of the village or city where the same are col. shall be subject to the same restrictions and lia
lected, and be applied as the board of education bilities that are imposed, and shall have no greater
or school board of such village or city may derights than are conferred upon domestic corpora
termine. tions of like character.
ARTICLE XIV. The Legislature may * * * regulate the The Legislature may provide for the collecspeed of trains.
* tion of specific taxes from banking, railroad, * * * * Nor shall any such [railroad] cor- and plank-road corporations, and may, in its poration hereafter lease any parallel or compet discretion, impose specific taxes upon other coring line of road, and no two or more competing porations, and upon any property or business lines of railroad sball be run or operated, directly within this State; but when a specific tax is imor indirectly, wholly or in part, under the same posed upon a corporation, it shall only apply to management or supervision, or under or subject such property of the corporation as shall be to any arrangement, agreement, or understand- necessary for the exercise of its corporate franing, with reference to rates of fare or freight to chises. be charged, or for the division of earnings. | Every law hereafter enacted by the Legisla
ture, creating a debt or authorizing a loan, shall ARTICLE XII.
provide a sinking fund for the payment of the No officer shall exercise his office after an im- same. peachment is directed, until he be acquitted, but
* * * The Legislature shall provide by such disability shall not continue longer than law for barring all claims against the State, unthree months, unless the trial of such impeach-| less presented within a time to be therein fixed. ment shall have been commenced and proceeded. The State shall not aid, by gift, or pledge of with.
its credit, any person or corporation, nor shall it * * * Provision may be made by law for subscribe to, or become interested in, the stock the suspension of a judge when the Legislature of any corporation, nor assume any indebtedis not in session.
ness of a municipal or (other) corporation, The Whenever, during a recess of the Legislature, provisions of this section shall not apply to it shall, in the opinion of the Governor, become educational, charitable, reformatory, or penal necessary to direct an impeachment of any civil institutions which are or may be under the care officer, he may, by proclamation, convene the and control of the State. House of Representatives for that purpose; and! The State shall not be a party to or be interif the House, when so convened, shall direct an ested in any work of internal improvement, eximpeachment, he shall in like manner immedi-cept the ship canal at the Sault Ste. Marie, and ately convene the Senate to try such impeach- the Portage Lake and Lake Superior Ship Cament; and whenever, in the opinion of the pal, por engage in carrying on any such work, President of the Senate and Speaker of the otherwise than in the expenditure of grants to House of Representatives, it shall, during a the State of land or other property. recess of the Legislature, become necessary to The Legislature shall provide a uniform rule direct an impeachment of the Governor, they of taxation, except on property or business pay. may, by their joint proclamation, convene the ing specific taxes. * * * House for that purpose; and if the House di
ARTICLE XV. rect such impeachment, the said President and
* * * And the husband of any married Speaker shall, in like manner, immediately con
woman shall not be liable for or on account of vene the Senate to try such impeachment.
any debt or obligation of his wife contracted beARTICLE XIII.
fore her marriage, or contracted by her in rela* * * Any school district neglecting to
tion to her sole property after marriage. maintain such school (three months in each
ARTICLE XVII. year) shall be deprived for the ensuing year of Public officers, receiving or having charge of bits proportion of the income of the primary public moneys, are prohibited from using or em