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Sec. 19. [Right of petition.] The right of the people peaceably to assemble to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.
Sec. 20. [Imprisonment for debt.] No person shall be imprisoned for debt in any civil action on mesne or final process, unless in cases of fraud.
Sec. 21. [Private property.] The property of no person shall be taken or damaged for public use without just compensation therefor.
[Free elections.] All elections shall be free; and there shall be no hindrance or impediment to the right of a qualified voter to exercise the elective franchise.
Sec. 23. [Writ of error.] The writ of error shall be a writ of right in all cases of felony; and in capital cases shall operate as a supersedeas to stay the execution of the sentence of death, until the further order of the supreme court in the premises.
Sec. 24. [Appeals, civil cases.] The right to be heard in all civil cases in the court of last resort, by appeal, error, or otherwise, shall not be denied.
Sec. 25. [Aliens.] No distinction shall ever be made by law between resident aliens and citizens in reference to the possession, enjoyment or descent of property.
Sec. 26. [Powers retained by people.] This enumeration of rights shall not be construed to impair or deny others, retained by the people, and all powers not herein delegated, remain with the people.
ARTICLE [II]—DISTRIBUTION OF POWERS
Section 1. [Division of powers.] The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial, and no person or collection of persons being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.
Section 1. [Legislative authority.] The legislative authority of the state shall be vested in a legislature consisting of a senate and house of representatives, but the people reserve to themslves power to propose laws, and amendments to the constitution, and to enact or reject the same at the polls independent of the legislature, and also reserve power at their own option to approve or reject at the polls any act, item, section, or part of any act passed by the legislature.
[Initiative.] The first power reserved by the people is the initiative. Ten per cent of the legal voters of the state, so distributed as to include five per cent of the legal voters in each of two-fifths of the counties of the state, may propose any measure by petition, which shall contain the full text of the measure so proposed. Provided, that proposed Constitutional Amendments shall require a petition of fifteen per cent of the legal voters of the state distributed as above provided. Initiative petitions (except for municipal and wholly local legislation) shall be filed with the Secretary of State and be by him submitted to the voters at the first regular state election held not less than four months after such filing. The same measure, either in form or in essential substance, shall not be submitted to the people by initiative petition (either affirmatively or negatively) oftener than once in three years. If conflicting measures submitted to the people at the same election shall be approved the one receiving the highest number of affirmative votes shall thereby become law as to all conflicting provisions. The Constitutional limitations as to scope and subject matter of statutes enacted by the legislature shall apply to those enacted by the initiative.
Sec. 1B. [Referendum.] The second power reserved is the referendum. It may be ordered by a petition of ten per cent of the legal voters of the state, distributed as required for initiative. petitions. Referendum petitions against measures passed by the legislature shall be filed with the Secretary of State within ninety. days after the legislature enacting the same adjourns sine die or for a period longer than ninety days; and elections thereon shall be had at the first regular state election held not less than thirty days after such filing.
Sec. 1C. [Referendum - Suspension of measures.] The referendum may be ordered upon any act except acts making appropriations for the expenses of the state government, and state institutions existing at the time such act is passed. When the referendum is ordered upon an act or any part thereof it shall suspend its operation until the same is approved by the voters; provided, that emergency acts, or acts for the immediate preservation of the public peace, health, or safety shall continue in effect until rejected by the voters or repealed by the legislature. Filing of a referendum petition against one or more items, sections, or parts of an act shall not delay the remainder of the measure from becoming operative.
Sec. 1D. [Effect of act; ballots necessary; veto; returns of election.] Nothing in this section shall be construed to deprive any member of the legislature of the right to introduce any measure. The whole number of votes cast for governor at the regular election last preceding the filing of any initiative or referendum petition shall be the basis on which the number of legal voters required to sign such petition shall be computed. The veto power of the governor shall not extend to measures initiated by or referred to the people. All such measures shall become the law or a part of the constitution when approved by a majority of the votes cast thereon, provided, the votes cast in favor of said initiative measure or part of said Constitution shall constitute thirty-five per cent (35%) of the total vote cast at said election, and not otherwise, and shall take effect upon proclamation by the governor, which shall be made within ten days of the completion of the official canvass. The vote upon initiative and referendum measures shall be returned and canvassed in the same manner as is prescribed in the case of presidential electors. The method of submitting and adopting amendments to the constitution provided by this section shall be supplementary to the method prescribed in the article of this constitution, entitled 'Amendments' and the latter shall in no case be construed to conflict herewith. This amendment shall be self-executing, but legislation may be enacted especially to facilitate its operation. In submitting petitions and orders for the initiative and the referendum, the Secretary of State and all other officers shall be guided by this amendment and the general laws until additional legislation shall be especially provided therefor; all propositions submitted in pursuance hereof shall be submitted in a non-partisan manner and without any indication or suggestion on the ballot
that they have been approved or endorsed by any political party or organization, and provided further that only the title of measures shall be printed on the ballot and, when two or more measures have the same title they shall be numbered consecutively in the order of filing with the Secretary of State and including the name of the first petitioner.
Sec. 2. [Census; legislative apportionment.] The Legislature shall provide by law for an enumeration of the inhabitants of the state in the year eighteen hundred and eighty-five and every ten years thereafter, and at its first regular session after each enumeration, and also after each enumeration made by the authority of the United States, but at no other time, the Legislature shall apportion the senators and representatives according to the number of inhabitants, excluding Indians not taxed, and Soldiers and Officers of the United States army and navy.
Sec. 3. [Number of members; sessions.] The House of Representatives shall consist of eighty four members and the senate shall consist of thirty members, until the year eighteen. hundred and eighty after which time the number of members of each House shall be regulated by law; but the number of Representatives shall never exceed one hundred, nor that of Senators, thirty-three. The sessions of the legislature shall be biennial, except as otherwise provided in this constitution.
Sec. 4. [Legislature; term of office, compensation, length of session.] At the first election of members of the legislature held after the adoption of this amendment members of the senate and House of Representatives, shall be elected for the term of two years. Both senators and representatives shall each receive pay at the rate of six hundred dollars for each regular session of the Legislature, during their term, and ten cents for every mile they shall travel in going to and returning from the place of meeting of the legislature, on the most usual route. That neither members of the legislature nor employes shall receive any pay or perquisites other than their salary and mileage. Each session, except special session, shall not be less than sixty days. After the expiration of twenty days of the session, no bills nor joint resolutions of the nature of bills shall be introduced, unless the governor shall by special message call the attention of the legislature to the necessity of passing a law on the subject-matter
embraced in the message, and the introduction of bills shall be restricted thereto. Provided, that the general appropriation bills may be introduced up to and including the fortieth day.
Sec. 5. [Who not eligible.] No person shall be eligible to the office of Senator, or member of the House of Representatives, who shall not be an elector and have resided within the district from which he is elected for the term of one year next before his election, unless he shall have been absent on the public business of the United States or of this state. And no person elected as aforesaid shall hold his office after he shall have removed from such district.
Sec. 6. [Same.] No person holding office under the authority of the United States, or any lucrative office under the authority of this state, shall be eligible to, or have a seat in the Legislature, but this provision shall not extend to precinct or township officers, Justices of the Peace, Notaries Public, or officers of the militia, nor shall any person interested in a contract with, or an unadjusted claim, against the State hold a seat in the Legislature.
Sec. 7. [Sessions; ccmmencement, quorum, rules, officers, opening, punishments.] The session of the Legislature shall commence at 12 o'clock, (noon) on the first Tuesday in January in the year next ensuing the election of members thereof, and at no other time, unless as provided by this constitution. A majority of the members elected to each House shall constitute a quorum; each House shall determine the rules of its proceedings and be the judge of the election, feturns, and qualifications of its members, shall choose its own officers, and the senate shall choose a temporary president, to preside when the Lieutenant Governor shall not attend as president, or shall act as Governor. The Secretary of State shall call the House of Representatives to order at the opening of each new Legislature, and preside over it until a temporary presiding officer thereof shall have been chosen, and shall have taken his seat. No member shall be expelled by either House, except by a vote of two-thirds of all the members elected to that House, and no member shall be twice expelled for the same offense. Each House may punish by imprisonment any person not a member thereof who shall be guilty of disrespect to the House by disorderly or contemptuous behavior in its presence, but no such imprisonment shall extend beyond twenty-four hours