« AnteriorContinuar »
association, or corporation, or become, directly I leged from testifying in relation thereto, and or indirectly, the owner of stock in or bonds of he shall not be liable to civil or criminal proseany association or corporation, nor shall any cution therefor, if he shall testify to giving or such county, city, town, or village be allowed to offering of such bribe. Any person who shall incur any indebtedness, except for county, city, offer or promise a bribe, if it be rejected by the town, or village purposes. This action shall not officer to whom it is tendered, shall be deemed prevent such county, city, town, or village from guilty of an attempt to bribe, which is hereby making such provision for the aid or support of declared to be a felony. its poor as may be authorized by law.
Any person charged with receiving a bribe, or
with offering or promising a bribe, shall be perARTICLE X.
mitted to testify in his own behalf in any civil No officer whose salary is fixed by the consti- or criminal prosecution therefor. tution shall receive any additional compensation. Any district attorney who shall fail faithfully Each of the other State officers named in the to prosecute a person charged with the violation eonstitution shall, during his continuance in in his county of any provision of this article office, receive a compensation, to be fixed by which may come to his knowledge, shall be relaw, which shall not be increased or diminished moved from office by the Governor, after a due during the term for which he shall have been notice and an opportunity of being heard in his elected or appointed; nor shall he receive to his defense. The expenses which shall be incurred use any fees or perquisites of office or other by any county in investigating and prosecuting compensation.
any charge of bribery, or attempting to bribe
any person holding office under the laws of this ARTICLE XII.
State, within such county, or of receiving bribes SECTION 1. Members of the Legislature (and by any such person in such county, shaïl be a all officers, executive and judicial, except such charge against the State, and their payment by inferior officers as shall be by law exempted) the State shall be provided for by law. shall, before they enter on the duties of their
ARTICLE XVI. respective offices, take and subscribe the following oath or affirmation : “I do solemnly swear
All amendments to the constitution shall be (or affirm) that I will support the Constitution
in force from and including the first day of Janof the United States, and the constitution of the
uary succeeding the election at which the same State of New York, and that I will faithfully were adopted, except when otherwise provided discharge the duties of the office of , ac-by such amendment. cording to the best of my ability;" and all such officers who have been chosen at any election
North Carolina. shall, before they enter on the duties of their re- [Amendments ratified by the people, August spective offices, take and subscribe the oath or 7, 1873.1 affirmation above prescribed, together with the
ARTICLE I. following addition thereto, as part thereof: “And I do further solemnly swear (or affirm)
SEC. 6. Strike out the words “to maintain the that I have not, directly or indirectly, paid,
d'honor and good faith of the State untarnished, offered, or promised to pay, contributed, offered,
the public debt, regularly contracted before and or promised to contribute, any money or other
since the rebellion, shall be regarded as inviolavaluable thing as a consideration or reward for
ble, and never be questioned; but." the giving or withholding a vote at the election
ARTICLE II. at which I was elected to said office, and have
SEO. 2. Strike out “annually" and insert not made any promise to influence the giving or "biennially," so as to provide for biennial seswithholding any such vote," and no other oath, sions of the Legislature declaration, or test shall be required as a quali
Sec. 5. Strike out the clause providing for an fication for any office or public trust.
enumeration of the population every ten years, ARTICLE XV.
and the words “as aforesaid, or," which relate
to it. Any person holding office under the laws of this State, who, except in payment of his legal
ARTICLE III. salary, fees, or perquisites, shall receive or con
Strike out“Superintendent of Public Works " sent to receive, directly or indirectly, anything throughout the constitution, thus abolishing the of value or of personal advantage, or the promise
office. thereof, for performing or omitting to perform
mitting to derform SEO. 6. Strike out “annually" and insert any official act, or with the express or implied, "biennially," so that the Governor shall “bienunderstanding that his official action or omission nially communicate" with the Legislature. to act is to be in any degree influenced thereby,
ARTICLE IV. shall be deemed guilty of a felony. This section shall not affect the validity of any existing stat
Strike out sections 2 and 3, so as to do away ute in relation to the offense of bribery.
with appointment and duties of code commis Any person who shall offer or promise a bribe
sioners. to any officer, if it shall be received, shall be
ARTICLE V. deemed guilty of a felony and liable to punish Strike out section 4, as follows: ment, except as herein provided. No person "The General Assembly shall, by appropriate offering a bribe shall, upon any prosecution of legislation and by adequate taxation, provide the officer for receiving such bribe, be privi- for the prompt and regular payment of the inter. est on the public debt; and after the year 1880, 1 thereof; and such protest and the reasons there. it shall lay a specific annual tax upon the real for shall, on being presented to such House, be and personal property of the State, and the sum entered on the journal by the clerk, without thus realized shall be set apart as a sinking fund, alteration, commitment, or delay to be devoted to the payment of the public Every bill shall be fully and distinctly read debt."
on three different days, unless, in case of urgency, Amend section 6 so that the General Assembly three fourths of the members elected to the House may exempt from taxation any personal property in which it shall be pending, by a vote by yeas not exceeding $300 in value.
and nays, entered on the journal, dispense with ARTICLE IX.
this rule; but the reading of a bill on its final
passage shall in no case be dispensed with. No Strike out sections 13, 14, and 15, which relate bill shall contain more than one subject, which to the mode of election, powers, duties, organi- shall be clearly expressed in its title, and no law zation, privileges, &c., of the Board of Trustees shall be revived or amended unless the new act of the University of North Carolina.
contain the entire act revived or the section or ARTICLE XIV.
sections amended; and the section or sections so Section 7 strikes out that "no person shall
amended shall be repealed. hold more than one lucrative office under the
The presiding officer of each House shall sign State at one time," &c., and provides that no 1
publicly, in the presence of the House over which
The presides, while the same is in session and person holding a federal or a State office (with
capable of transacting business, all bills and certain petty exceptions) shall be eligible to a
joint resolutions passed by the General Assembly. seat in either house of the Legislature.
Every bill passed by the General Assembly Ohio.
shall be presented to the Governor. If approved,
he shall sign it, and thereupon it shall become a To be submitted to popular vote, August 18, law. If not approved, he shall send it, with his 1874.]
objections in writing, to the House where it ARTICLE I.
originated, which may then reconsider the vote * * * And no special privileges or immu. on the passage of the same. If three-fifths of nities shall ever be granted that inay not be the members elected to that House then agree to altered, revoked, or repealed by the General repass the bill, it shall be sent, with the objecAssembly.
tions of the Governor, to the other House, which No power of suspending laws shall ever be may also reconsider the vote on its passage. If exercised, except by the General Assembly. three-fifths of the members elected to that House
Private property shall ever be held inviolate, then agree to repass the same, it shall become a but subservient to the public welfare. When
law; but the vote necessary to repass such in taken in time of war or other public exigency,
each House shall not be less than that required imperatively requiring its immediate seizure, or on the original passage, and the vote in each for the purpose of making or repairing roads, House shall be by yeas and nays, entered on the which shall be open to the public, without charge. journal thereof. * * * The Governor may other than streets and highways in cities and disapprove any item or items of appropriation incorporated villages, a compensation shall be contained in bills passed by the General Assemmade to the owner'in money, and in all other bly, and the item or items so disapproved shall cases, where private property shall be taken for be stricken therefrom, unless repassed in the public use, a compensation therefor shall first be manner herein prescribed in cases of disapproval made in money, or first secured by a deposit of of bills. * * * money; and such compensation shall be assessed
| No Senator or Representative shall, during the by a jury, without deduction for benefits to any term for which he shall have been elected, or property of the owner.
for one year thereafter, be appointed to any civil
office, under the laws of this state, which shall ARTICLE II.
be created, or the emoluments of which shall be No person convicted of embezzlement of the increased, during such term. public funds shall hold office in this State; nor No money shall be drawn from the treasury shall any person holding public money have a except in pursuance of specific appropriation seat in the General Assembly, until he shall have made by law, the purpose of which shall be disaccounted for such money and paid it into the tinctly stated in the bill, and no appropriation treasury.
shall be for a longer period than two years. Each House shall keep a journal of its pro- On the passage of such' bills, or on concurring ceedings, which shall be published, and on in amendments thereto, a separate vote on any which, at the request of two members, the yeas item or items therein shall, on demand of any and nays shall be entered. On the passage of member, be had by yeas and nays, entered on every bill or joint resolution in each House, the the journal; and every such item failing to revote shall be taken by yeas and nays and entered ceive the vote of the requisite majority of the on the journal. No bill or resolution, except members elected to the House in which the bill joint resolutions relating to the course of busi- is pending shall be stricken therefrom, and each ness in the General Assembly, shall be passed in item receiving such majority shall be declared either House, without the concurrence of a ma-passed. jority of the members elected thereto.
No extra compensation shall be made to any Any member of either House shall have the officer, public agent, employee, or contractor right to protest against any act or resolution after the service shall have been rendered or the contract entered into; nor shall any money being to a bill in any stage thereof, nor apon a appropriated or paid on any claim the subject- joint resolution requiring a vote of a majority of matter of which shall not have been provided the members elected to the Senate, nor in a confor by pre-existing law, unless such compensation tested election of a member of the Senate, nor in or claim be allowed by bill passed by two-thirds the election of a Senator in Congress. * * * of the members elected to each branch of the
ARTICLE IV. General Assembly. No provision authorizing the expenditure or payment of money for any
At the first election for judges of the Supreme purpose not provided for by pre-existing law Court no elector shall vote for more than three shall be included in any bill making appropria
candidates. tions for a purpose which shall have been pro- | Drunkenness of a judicial officer during a term vided so for; nor shall more than one class of of his court, or when otherwise officially engaged, compensation or claims be included in the same shall work a forfeiture of his office; and upon bill. Every appropriation for the payment of such fact being established, as shall be provided such compensation or claim included in an act by law, his office shall become vacant. It shall making appropriations of a different class shall be the duty of the General Assembly to provide be void.“
| for carrying this section into effect. * * * No act or part of an act, except such
ARTICLE V. as relates to public schools, public buildings, or nublic bridges, shall be passed to take effect upon SEC 3. The General Assembly shall have power à vote of the people to be affected thereby, or
to exclude from the privilege of voting, or being upon the approval of any other authority than
ad eligible to office, any person convicted of bribery, the General Assembly, except as otherwise provided in this constitution; nor shall any act be
| perjury, or other infamous crime. passed conferring special powers or privileges
ARTICLE VI. upon any county, township, city, village, or The principal of all funds arising from the sale other municipality not conferred upon all coun- or other disposition of lands and other property, ties, townships, cities, villages, and municipalities granted or entrusted to the State for educational of the same general class.
or religious purposes, shall forever be preserved The General Assembly shall have no power inviolate and undiminished; and the income to pass retroactive laws or laws impairing the therefrom shall be faithfully applied to the speobligation of contracts, but may, by general laws, cific objects of the original grants and trusts. authorize courts to carry into effect, upon such The General Assembly shall make such proterms as shall be just and equitable, the manifest vision, by taxation or otherwise, as, with the intention of parties and officers, by curing omis
income arising from the school trust fund, will sions, defects, and errors in instruments and secure a thorough and efficient system of comproceedings arising out of their want of con- mon schools throughout the State. No religious formity to the laws of this State.
or other sect shall ever have exclusive right to No new county shall contain less than four or control of any part of the school funds of the hundred square miles of territory, nor shall any | State. county be reduced below that amount; and all Women, having such qualifications as to age, laws creating new counties, changing county citizenship, and residence as may be prescribed lines, or removing county seats, shall, before for electors, shall be eligible to any office under taking effect, be submitted to the electors of the the school laws, except that of State commisseveral counties to be affected thereby, at the sioner of common schools. next general election after the passage thereof, and be adopted by a majority of all the electors
ARTICLE VIII. voting at such election in each of said counties; The State may contract debts to supply casual but any county now or hereafter containing one deficits or failures in revenues, or to meet expenhundred thousand inhabitants may be divided, ses not otherwise provided for; but the aggregate whenever a majority of the voters residing in amount of such debts shall never exceed seven each of the proposed divisions shall approve the hundred and fifty thousand dollars; and the law passed for that purpose; but no town or money arising from the creation of such debts city within the same shall be divided, nor shall shall be applied to the purpose for which it was either of the divisions contain less than twenty obtained, or to pay the debts 80 contracted, and thousand inhabitants.
to no other purpose. The members of the General Assembly shall The State may also contract debts to repel in. receive a fixed annual salary and mileage, to be vasion, suppress insurrection, defend the State in prescribed by law, and no other allowance or time of war, or redeem its present indebtedness; perquisites, either in the payment of postage or but the money arising from the creation of such otherwise; and no change in their compensation debts shall be applied to the purpose for which shall take effect during their term of office, but it was obtained, or to pay the debts so contractthe General Assembly shall provide for ratable ed, and to no other purpose; and all debts indeductions therefrom on account of unnecessary curred to redeem the present indebtedness of the absence during its sessions.
State shall be made payable from the sinking
fund hereinafter provided for, as the same shall ARTICLE III.
accumulate. The Lieutenant Governor shall be President of Except as provided in sections one and two of the Senate, and may vote when the Senate is this article, no debt shall be created by or on equally divided, but not upon a question relat- I behalf of the State.
The credit of the State shall not be given or centum of the value of the property within such loaned to, or in aid of any individual, associa corporation, as ascertained from time to time by tion, or corporation; nor shall the State become the tax duplicate thereof, without the consent, a stockholder or part owner in any company or first obtained, to such increase of indebtedness, association.
and the approval of the objects for which the The State shall never assume any debt of a same is to be created, of at least three-fourths of county, township, city, town, village, or corpora- all the electors of such corporation, to be ascertion, unless such debt shall have been created to tained by the mode prescribed by law; and in repel invasion, suppress insurrection, or defend no case shall such indebtedness exceed ten per the State in time of war.
centum of said taxable value. In ascertaining No county, township, city, town, village or such indebtedness, there shall be included an other political or municipal division of the State amount which, at the rate of six per centum per shall become a stockholder, either directly or in- annum, will produce a sum equal to the aggredirectly, in any joint stock company, corpora- gate annual rents payable by such corporation. tion, or association; or raise money for or in aid | This section shall not be construed to prevent of, or loan its credit to, or in aid of any such municipal corporations from incurring indebtedcompany, corporation, or association; or pur- ness necessary for military purposes in time of chase or construct, or in any way aid in pur- war, or for the completion of any work authorchasing or constructing, any railroad, canal, or ized by law and heretofore undertaken; nor, appurtenance thereto.
until the first valuation of real estate for tarThe faith of the State being pledged for the ation hereafter made, to prevent the borrowing payment of its public debt, in order to provide of money in anticipation of the collection of astherefor a sinking fund shall be created, sufficient sessments actually levied. to pay the accruing interest on such debt, and Except as otherwise provided in this constiannually reduce the principal thereof, by a sum tution, no tax or assessment shall be levied or not less than one hundred thousand dollars, in collected, or debt contracted by a municipal corcreased yearly and each and every year by com- poration, except in pursuance of law for public pounding at the rate of six per centum per an- purposes, specified by law; nor shall money num, from the fifteenth day of November, one raised by taxation, loan, or assessment, for one thousand eight hundred and fifty-one. The said purpose, ever be diverted to another. sinking fund shall consist of the net annual in-1 No property shall be appropriated to the use come of the public works and stocks owned by of a municipal corporation, until compensation the State, of any other funds or resources that therefor be first made in money, or first secured are or may be provided by law, and of such fur- by a deposit of money, to be assessed in the ther sum, to be raised by taxation, as may be manner and by the rule prescribed in section required for the purposes aforesaid; and no part nineteen of the bill of rights. thereof shall ever be transferred to any other
ARTICLE XII. fund, or used for any other purpose. ARTICLE X.
The General Assembly shall pass no act con
ferring corporate powers. No money shall be drawn from any county or Corporations may be formed under general township treasury except by authority of law; laws, but such laws may, from time to time, be nor shall money raised by taxation, loan, or as- | altered or repealed. sessment, for one purpose, ever be diverted to Dues froni corporations shall be secured by another.
such individual liability of the stockholders and Counties and townships shall, when necessary other means as may be prescribed by law; but, to the public convenience or welfare, have such in all cases, each stockholder shall be liable over power of local taxation and assessment for police
and above the stock by him or her owned, and purposes, for constructing and improving ditches
any amount unpaid thereon, to a further sum, and public roads other than railroads, and for
at least equal in amount to such stock. clearing water courses, as may be prescribed by No property shall be appropriated to the use law.
of a corporation until full compensation therefor ARTICLE XI.
be first made in money, or first secured by a de* * * The General Assembly shall restrict posit of money to the owner, irrespective of any the power of such corporations to levy taxes and benefit from any improvement proposed by such assessments, borrow money, and contract debts, corporation; which compensation may be ascer. so as to prevent the abuse of such power. tajned by a jury of twelve men, in a court of
No municipal corporation shall loan its credit record, as shall be prescribed by law. to any person or corporation, except as may be No act of the General Assembly authorizing otherwise provided in this constitution.
the issue of bills, notes, or other paper, which No assessments shall be levied by a municipal may circulate as money, shall take effect until corporation upon any property, which shall re- submitted to the people, at the general election quire the payment in one year of more than ten next succeeding the passage thereof, and apper centum of its value, as ascertained by the tax proved by a majority of the electors voting at duplicate, nor shall the aggregate of such assess. such election; and the redemption of all such ments, in any period of ten years, exceed fifty paper shall be fully secured by the deposit of per centum of the highest taxable valuation of such securities of the United States or of this such property during the same period.
State, as may be prescribed by law. The indebtedness of a municipal corporation The directors of a corporation shall be chosen shall never exceed, in the aggregate, five per at one time by general ticket. At elections for directors, each shareholder shall have as many increased, except in pursuance of general law; votes as the number of shares held by him, multi- nor until the consent of the persons holding the plied by the number of directors to be chosen, larger amount in value of the stock shall be oband may cast all his votes for one candidate, or tained, at a meeting held after notice given, for distribute them as he may see fit.
a period not less than sixty days, in pursuance Foreign corporations may be authorized to do of law. business in this State, under such limitations and Persons and property transported over any restrictions as may be prescribed by law; * * railroad shall be carried to any station at charges nor shall they have power to condemn or appro- not exceeding in gross the charges for the same priate private property.
class and amount of transportation of persons and The General Assembly may, by general law, property in the same direction to any more dissubject to the provisions of this consitution, ex- tant station; but excursion and commutation tend the existence of societies for savings, created | tickets may be issued at special rates. prior to the first day of September, one thousand
ARTICLE XIII. eight hundred and fifty-one, whose charters are
The General Assembly shall provide for raissubject to alteration, amendment, or repeal. No
ing revenue to defray the expenses of the State other corporation of this State, incorporated prior to the first day of May, one thousand eight
14 for each year, including a sum sufficient to pay
na egal the interest on the State debt, and so much at hundred and fifty-two, shall have the benefit of
| least of the principal thereof as is provided for any law passed since that date, or which shall
in article eight of this constitution." hereafter be passed, except laws regulating judi
The General Assembly shall never levy a poll cial procedure, unless they shall reorganize under
tax for county or State purposes. and subject to the provisions of this constitution.
Laws shall be passed taxing by a uniform rate No officer or agent of any company, operating or using a railroad within this state, shall be
all real and personal property, according to its
value in money, to be ascertained by such rules interested, directly or indirectly, either by him
of appraisement as may be prescribed by the self or associated with others, in the receipts, General Assembly, so that all property shall bear contracts, or earnings of such company, other
an equal proportion of the burdens of taxation; wise than as an ordinary shipper or passenger,
provided that the deduction of debts from credits or as a stockholder, bond creditor, or employee;
may be authorized. nor in any arrangement which shall afford more
more! The General Assembly may provide by general advantageous terms or greater facilities than are
laws for exemption from taxation of all burial offered and accorded to the public; and all contracts and arrangements in violation of this sec
grounds, public school houses, houses used exclution shall be void.
| sively for public worship, institutions of purely
I public charity, public libraries, public property No railroad company shall consolidate with
used exclusively for any public purpose, and peranother, having a line parallel or competing
sonal property to an annount not exceeding two with its own; or lease, purchase, or control such
hundred dollars for each individual; but such line; and no officer of a railroad company shall
laws shall be subject to alteration or repeal, and act as an officer of any other company owning
the value of property so exempted shall from or controlling a parallel or competing line; and
time to time be ascertained and published, as may no railroad company shall do business in this
be directed by law. State which shares its earnings, in any manner,
| The General Assembly may impose taxes by with a company owning or controlling a parallel
license, excise, or otherwise, and also provide, by or competing line within this State. No foreign corporation shall carry on the busi
equitable rules, for taxing franchises and income
| derived from investments, when the principal ness of transporting persons or property, or of
from which such income is derived cannot be telegraphing, mining, manufacturing, or insur
taxed. ance in this State, except while it maintains
Banks and bankers shall be taxed by such therein an office where, or on the person in
equitable rules, based upon capital employed charge of which, process may be served in any
and business done, as will require them to share action or legal proceeding instituted against it;
equally with other persons in the burdens of taxnor after it shall cause or procure to be removed into any of the courts of the United States a pro
ation; but this provision shall not prevent the ceeding instituted by or against it, in any court
taxation of shares of stock in any bank.
The General Assembly may, by special tax, of this State, upon à cause of action arising out
assessment, or otherwise, regulate, restrain, or of such business, which a corporation of this Štate, if a party to such proceeding, might not cause or
prohibit the keeping, harboring, or running at
large of dogs. procure to be so removed. The General Assembly shall pass laws to cor
IÑo tax shall be levied except in pursuance of rect abuses and prevent unjust discrimination and
| law, and every law imposing à tax shall state
distinctly the object of the same, to which only excessive charges by railroad companies for trans
it shall be applied. porting freight and passengers, and shall provide
The State shall never contract any debt for for enforcing such laws by adequate penalties and forfeitures.
purposes of internal improvement. No corporation shall issue stocks or bonds,
ARTICLE XIV. except for money or property actually received, The apportionment for members of the General or labor done; and all fictitious increase of stock Assembly shall be made every ten years, after or indebtedness shall be void. The stock and the year one thousand eight hundred and seybonded indebtedness of corporations shall not be enty-two, in the manner hereinafter provided.