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SEC. 13. No person arrested or confined in jail shall be treated with onnecessary rigor.
SEC. 14. Offenses, except murder and treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable when the proof is evident or the presumption strong."
SEC. 15. Laws for the punishment of crime shall be founded on the principles of reformation, and not of vindictive justice.
SEC. 16. Excessive bail shall not be required, nor excessive fines imposed Cruel and unusual punishments shall not be inflicted, but all penalties shall be proportioned to the offense. In all criminal cases whatever, the jury shall have the right to determine the law and the facts, under the direction of the court as to the law, and the right of new trial, as in civil cases.
SEC. 17. In all civil cases, the right of trial by jury shall remain inviolate. SEC. 18. Private property shall not be taken for public use, nor the par ticular services of any man be demanded, without just compensation; nor. except in case of the State, without such compensation first assessed and rendered.
SEC. 19. There shall be no imprisonment for debt except in case of fraud or absconding debtors.
SEC. 20. No law shall be passed granting to any citizen or class of citizens privileges or immunities which, upon the same terms, shall not equally belong to all citizens.
SEC. 21. No ex post facto law, or law impairing the obligations of con tracts, shall ever be passed, nor shall any law be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution; provided, the laws locating the Capital of the State, locating county seats and submitting town and corporate acts, and other local and specia! laws, may take effect or not, upon a vote of the electors interested.
SEC. 22. The operation of the laws shall never be suspended except by the authority of the Legislative Assembly.
SEC. 23. The privilege of the writ of habeas corpus shall not be suspended. unless, in case of rebellion or invasion, the public safety requires it.
SEC. 24. Treason against the State shall consist only in levying wat against it, or adhering to its enemies, giving them aid or comfort. No pers shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court.
SEC. 25. No conviction shall work corruption of blood or forfeiture «' estate.
SEC. 26. No law shall be passed restraining any of the inhabitants of the State from assembling together in a peaceable manner to consult for thin common good; nor from instructing their representatives; nor from applying to the legislature for redress of grievances.
SEC. 27. The people shall have the right to bear arms for the defense of themselves and the State, but the military shall be kept in strict subordinati v to the civil power.
SEC. 28. No soldier shall, in time of peace, be quartered in any bouse without the consent of the owner, nor in time of war, except in the ma prescribed by law.
SEC. 29. No law shall be passed granting any title of nobility, or ev ferring hereditary distinctions.
SEC. 30. No law shall be passed prohibiting emigration from the State. SEC. 31. White foreigners who are or may hereafter become residents of this State shall enjoy the same rights in respect to the possession, enjoyme and descent of property as native-born citizens. And the Legislative Assemb shall have power to restrain and regulate the immigration to this State persons not qualified to become citizens of the United States.
SEC. 32. No tax or duty shall be imposed without the consent of the perce or their representatives in the Legislative Assembly: and all taxation sha... )equal and uniform.
SEC. 33. This enumeration of rights and privileges shall not be construi to impair or deny others retained by the people.
SEC. 34. There shall be neither slavery nor involuntary servitude in the te, otherwise than as a punishment for crime, whereof the party shall have a duly convicted.
SEC. 35. No free negro or mulatto, not residing in this State at the time of adoption of this Constitution, shall come, reside or be within this State, old any real estate, or make any contracts, or maintain any suit therein; the Legislative Assembly shall provide by penal laws for the removal by ic officers of all such negroes and mulattoes, and for their effectual exclufrom the State, and for the punishment of persons who shall bring them the State, or employ or harbor them.1
SEC. 36. From and after January first, 1916, no intoxicating liquors shall anufactured, or sold within this State, except for medicinal purposes upon cription of a licensed physician, or for scientific, sacramental or mechanical
This section is self-executing and all provisions of the Constitution and of this State and of the charters and ordinances of all cities, towns and municipalities therein, in conflict with the provisions of this section, are by repealed.2
SEC. 36a. No intoxicating liquors shall be imported into this State for age purposes.
This section is self-executing and all provisions of the Constitution and of this State and of the charters and ordinances of all cities, towns and · municipalities therein, in conflict with the provisions of this section, are by repealed.3
SEC. 36. The death penalty shall not be inflicted upon any person under the of Oregion. The maximum punishment which may be inflicted shall be mprisonment.
All provisions of the Constitution and laws of Oregon in conflict with this on are hereby abrogated and repealed in so far as they conflict herewith, this section is self executing.4
SUFFRAGE AND ELECTIONS.
SECTION 1. All elections shall be free and equal.
SEC. 2. In all elections not otherwise provided for by this Constitution. citizen of the United States, of the age of twenty-one years and upwards. shall have resided in the State during the six months immediately preceding election, shall be entitled to vote.5
No idiot or insane person shall be entitled to the privileges of an
These restrictions on the rights of negroes and mulattoes were abrogated by the enth Amendment of the Federal Constitution.
Section 36 is a new section; it was proposed by initiative petition filed on July 4. ratified at the election of November 3, 1914, and became effective on Der 3, 1914.
Section 36a is a new section; it was proposed by initiative petition filed on July 6, ratified on November 7, 1916, and became effective on December 5, 1916. Section 36 is a new section; it was proposed by initiative petition filed on July 4, ratified at the election of November 3, 1914, and declared effective on Decem1914. It will be observed that the last two sections of this article are each num36: this occurred by reason of the fact that both sections were designated as the petition by which they were proposed.
Section 2 has been amended twice; the first amendment was proposed by initiaetition filed on December 20, 1910, ratified at the election of November 5, 1912. ecame effective on November 30, 1912. The second amendment was proposed by gislative assembly of 1913 and ratified at the election of November 3, 1914, and effect on December 3, 1914. The text of the amendment of 1912 is as follows: 2. In all elections not otherwise provided for by this Constitution, every citizen United States, of the age of twenty-one years and upwards, who shall have d in the State during the six months immediately preceding such election, and person of foreign birth of the age of twenty-one years and upwards, who shall resided in this State during the six months immediately preceding such election, hall have declared his or her intention to become a citizen of the United States ear preceding such election, conformably to the laws of the United States on the t of naturalization, shall be entitled to vote at all elections authorized by law.
elector; and the privilege of an elector shall be forfeited by a conviction of any crime which is punishable by imprisonment in the penitentiary.
SEC. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his esence or absence while employed in the service of the United States or of this State; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house or other asylum, at public expense; nor while confined in any public prison.
SEC. 5. No soldier, seaman, or marine in the army or navy of the United States, or of their allies, shall be deemed to have acquired a residence in the State in consequence of having been stationed within the same; nor shall any such soldier; seaman, or marine have the right to vote.
SEC. 6. No negro, Chinaman, or mulatto shall have the right of suffrage. SEC. 7. Every person shall be disqualified from holding office during t term for which he may have been elected, who shall have given or offered a bribe, threat, or reward to procure his election.
SEC. 8. The Legislative Assembly shall enact laws to support the privilege of free suffrage prescribing the manner of regulating and conducting elections and prohibiting, under adequate penalties, all undue influence therein from power bribery, tumult and other improper conduct.
SEC. 9. Every person who shall give or accept a challenge to fight a dr or who shall knowingly carry to another person such challenge, or wa shall agree to go out of the State to fight a duel, shall be ineligible to at office of trust or profit.
SEC. 10. No person holding a lucrative office or appointment under United States, or under this State, shall be eligible to a seat in the Legis tive Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constitution expressly permitted; provided. officers in the militia, to which there is attached no annual salary, and office of postmaster, where the compensation does not exceed one hundred dol": per annum, shall not be deemed lucrative.
SEC. 11. No person who may hereafter be a collector or holder of pai moneys shall be eligible to any office of trust or profit until he shall accounted for and paid over, according to law, all the sums for which he mate liable.
SEC. 12. In all cases in which it is provided that an office shall n filled by the same person more than a certain number of years continue an appointment pro tempore shall not be reckoned a part of that term. SEC. 13. In all cases except treason, felony, and breach of the peace. tors shall be free from arrest in going to elections, during their attendee there, and in returning from the same; and no elector shall be obliged to duty in the militia on any day of election, except in time of war or por danger.
SEC. 14. The regular general biennial election in Oregon for the year 4. 1910 and thereafter shall be held on the first Tuesday after the first Monday November. All officers except the Governor, elected for a six-year term in 1* or for a four-year term in 1906, or for a two-year term in 1908, shall conta to hold their respective offices until the first Monday in January, 1911; @ all officers, except the Governor, elected at any regular general biennial ele after the adoption of this amendment, shall assume the duties of their spective offices on the first Monday in January following such election. laws pertaining to the nomination of candidates, registration of voters, arl other things incident to the holding of a regular biennial election shall b forced and be effected the same number of days before the first Tuesday af the first Monday in November that they have heretofore been before the Monday in June biennially, except as may hereafter be provided by **
The restrictions imposed by this section on the right of suffrage were abrog by the Fourteenth and Fifteenth Amendments of the Federal Constitution. Amendment proposed by the legislative assembly of 1907, ratified on Jun 1908, and declared effective on June 23, 1908.
SEC. 15. In all elections by the Legislative Assembly, or by either branch of, votes shall be given openly or viva voce, and not by ballot, forever; and elections by the people, votes shall be given openly, or viva voce, until Legislative Assembly shall otherwise direct.
SEC. 16. In all elections authorized by this Constitution until otherwise ded by law, the person or persons receiving the highest number of votes be declared elected, but provisions may be made by law for elections by proportional representation of all the voters for every office which is by the election of two or more persons whose official duties, rights and rs are equal and concurrent. Every qualified elector resident in his preand registered as may be required by law, may vote for one person under itle for each office. Provision may be made by law for the voter's direct direct expression of his first, second or additional choices among the canes for any office. For an office which is filled by the election of one person y be required by law that the person elected shall be the final choice of jority of the electors voting for candidates for that office. These prinmay be applied by law to nominations by political parties and organi18. S
SEC. 17. All qualified electors shall vote in the election precinct in the y where they may reside, for county officers, and in any county in the for State officers, or in any county of a Congressional District in which electors may reside, for Members of Congress.
EC. 18. Every public officer in Oregon is subject, as herein provided, to by the legal voters of the State or of the electoral district from which elected. There may be required twenty-five per cent, but not more, of the er of electors who' voted in his district at the preceding election for Jusof the Supreme Court to file their petition demanding his recall by the . They shall set forth in said petition the reasons for said demand. If all offer his resignation, it shall be accepted and take effect on the day offered, and the vacancy shall be filled as may be provided by law. If all not resign within five days after the petition is filed, a special election be ordered to be held within twenty days in his said electoral district termine whether the people will recall said officer. On the sample ballot id election shall be printed in not more than two hundred words, the s for demanding the recall of said officer as set forth in the recall petition, 11 not more than two hundred words, the officer's justification of his
in office. He shall continue to perform the duties of his office until esult of said special election shall be officially declared. Other candifor the office may be nominated to be voted for at said special election. andidate who shall receive the highest number of votes shall be deemed d for the remainder of the term, whether it be the person against whom ecall petition was filed, or another. The recall petition shall be filed the officer with whom a petition for nomination to such office should be and the same officer shall order a special election when it is required. ch petition shall be circulated against any officer until he has actually held fice six months, save and except that it may be filed against a senator resentative in the Legislative Assembly at any time after five days from eginning of the first session after his election. After one such petition pecial election, no further recall petition shall be filed against the same during the term for which he was elected unless such further petitioners first pay into the public treasury which has paid such special election ses, the whole amount of its expenses for the preceding special election. additional legislation as may aid the operation of this section shall be led by the Legislative Assembly, including provision for payment by the treasury of the reasonable special election campaign expenses of such
But the words "the Legislative Assembly shall provide" or any similar uivalent words in this Constitution or any amendment thereto, shall not nstrued to grant to the Legislative Assembly any exclusive power of lawAmendment proposed by initiative petition filed January 30, 1908, ratified on 1908, and declared in force on June 23, 1908.
making nor in any way to limit the initiative and referendum powers reserved by the people.9
DISTRIBUTION OF POWERS.
SECTION 1. The powers of the government shall be divided into three sept rate departments--the Legislative, the Executive, including the Administrative. and the Judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another except as in this Constitution expressly provided.
Section 18 is a new section; it was proposed by initiative petition filed Januar 29, 1908, ratified June 1, 1908, and declared effective on June 23, 1908.
SECTION 1. The Legislative authority of the State shall be vested in a Legislative Assembly, consisting of a Senate and House of Representatives. but the people reserve to themselves power to propose laws and amendments to the Constitution and to enact or reject the same at the polls, independen of the Legislative Assembly, and also reserve power at their own option to approve or reject at the polls any Act of the Legislative Assembly. The first power reserved by the people is the initiative, and not more than eight per cent of the legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the Secretary of State not less than four months before the election at which they are to be votel upon. The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health or safety), either by the petition signed by five per cent of the legal voters or by the Legislative Assembly, as other bills are enacted. Referendum petë tions shall be filed with the Secretary of State not more than ninety days after the final adjournment of the session of the Legislative Assembly whic passed the bill on which the referendum is demanded. The veto power of tl« Governor shall not extend to measure referred to the people. A elections on measures referred to the people of the State sha be had at the biennial regular general election, except when the Legislat Assembly shall order a special election. Any measure referred to the pespir shall take effect and become the law when it is approved by a majority of the votes cast thereon, and not otherwise. The style of all bills shall be "Be it enacted by the people of the State of Oregon." This section shall not be construed to deprive any member of the Legislative Assembly of the rigir to introduce any measure. The whole number of votes cast for Justice of the Supreme Court at the regular election last preceding the filing of an petition for the initiative or for the referendum shall be the basis on which the number of legal voters necessary to sign such petition shall be counted Petitions and orders for the initiative and for the referendum shall be with the Secretary of State, and in submitting the same to the people he, ad all other officers shall be guided by the general laws and the act submit ting this amendment, until legislation shall be especially provided therefor.** SEC. 1a. The referendum may be demanded by the people against one a more items, sections, or parts of any act of the Legislative Assembly in the same manner in which such power may be exercised against a complete w The filing of a referendum petition against one or more items, sections, ☛ parts of an act shall not delay the remainder of that act from becoming operative. The initiative and referendum powers reserved to the people by this Constitution are hereby further reserved to the legal voters of every mani “ pality and district, as to all local, special and municipal legislation, of every
10 Amendment proposed and adopted by the legislative assembly of 1899, re-adopted by the legislative assembly of 1901, and ratified on June 2, 1902.