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ARTICLE XXV.

JURISDICTION.

SECTION 1. The consent of the State of Washington is hereby given to the exercise, by the congress of the United States of exclusive legislation in all cases whatsoever over such tracts or parcels of land as are now held or reserved by the government of the United States for the purpose of erecting or maintaining thereon forts, magazines, arsenals, dockyards, lighthouses, and other needful buildings, in accordance with the provisions of the seventeenth paragraph of the eighth section of the first article of the constitution of the United States, so long as the same shall be so held and reserved by the United States: Provided, That a sufficient description by metes and bounds, and an accurate plat or map of each tract or parcel of land be filed in the proper office of record in the county in which the same is situated, together with copies of the orders, deeds, patents, or other evidences in writing of the title of the United States: And provided, That all civil process issued from the courts of this state, and such criminal process as may issue under the authority of this state, against any person charged with crime in cases arising outside of such reservation, may be served and executed thereon in the same mode and manner, and by the same officers, as if the consent herein had not bee made.

Jus shal ntinue as en issued in admission in

ARTICLE XXVII.

are

SEC. 2. All set repugnant to heir own ded. That this se limitata Legislature of

on, company, or SEC. 3. All debt hereafter accrue. Washington.

SEC. 4. All recog change from a ter

all pass to and may ecuted to the Territo ration, or to any offic

state authorities an ressed, and may be u val, personal and mixe u action, and claims ry of Washington, s y be sued for and re State of Washingto

ARTICLE XXVI.

COMPACT WITH THE UNITED STATES.

The following, ordinance shall be irrevocable without the consent of the United States and the people of this state:

First: That perfect toleration of religious sentiment shall be secured, and Tashington,

SEC. 5. All criminal « which may arise, befo

that no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship.

Second:

they forever disclaim all right and title to the unappropriated public landsstion in the name of the That the people inhabiting this state do agree and declare that meant, and which shall be lying within the boundaries of this state, and to all lands lying within the Territory of Washingt limits owned or held by any Indian or Indian tribes; and that until the vernment, and which sha title thereto shall have been extinguished by the United States, the same secuted in the name ane Indian lands shall remain under the absolute jurisdiction and control of the urred shall remain the sa shall be and remain subject to the disposition of the United States, and sal with tike effect as though su United States residing without the limits of this state shall never be taxed surts of the Territory of Was

al actions at law and suits

Congress of the United States, and that the lands belonging to citizens of the

rial to a state government, = the state having jurisdiction SEC. 6. All officers now he

at a higher rate than the lands belonging to residents thereof, and that # taxes shall be imposed by the state on lands or property therein belonging "a of which may be hereafter purchased by the United States or reserved for use

Provided, That nothing in this ordinance shall preclude the state from taxi nited States, or of the Territo as other lands are taxed, any lands owned or held by any Indian who rise their respective offices U severed his tribal relation, and has obtained from the United States or frety of the state.

Sex. 7. All officers provided

any person a title thereto by patent or other grant, save and except such

lands as have been or may be granted to any Indian or Indians under any sets for each county, when no ot Congress containing a provision exempting the lands thus granted from tacted at the election to be held

Tuesday of October, 1889.
SEC. S. Whenever the judge o

tion, which exemption shall continue so long and to such an extent as sm
act of Congress may prescribe.

Third: The debts and liabilities of the Territory of Washington, and appointed under the provisions Fourth: Provision shall be made for the establishment and maintenance causes as would have been with

ment of the same, are hereby assumed by this state.

De several causes then pending in Mates District Court, had such cou e of stich causes within such cour of said district court, and the se 641 Tass into the jurisdiction and p anty. And where the same judge is c

systems of public schools free from sectarian control, which shall be open all the children of said state.

SCHEDULE.

In order that no inconvenience may arise by reason of a change from the duty of the clerk of the distric territorial to a state government, it is hereby declared and ordained as follow md records to transmit to the clerk o

ar in which such records are kept, th

SECTION 1. No existing rights, actions, suits, proceedings, contracts «

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claims shall be affected by a change in the form of government, but all shall continue as if no change had taken place; and all process which may have been issued under the authority of the Territory of Washington previous to its admission into the Union shall be as valid as if issued in the name of the state.

SEC. 2. All laws now in force in the Territory of Washington, which are not repugnant to this constitution, shall remain in force until they expire by their own limitation, or are altered or repealed by the Legislature: Provided, That this section shall not be so construed as to validate any act of the Legislature of Washington Territory granting shore or tide lands to any person, company, or any municipal or private corporation.

SEC. 3. All debts, fines, penalties and forfeitures, which have accrued, or may hereafter accrue, to the Territory of Washington, shall inure to the State C of Washington.

SEC. 4. All recognizances heretofore taken, or which may be taken before the change from a territorial to a state government, shall remain valid, and shall pass to and may be prosecuted in the name the state, and all bonds executed to the Territory of Washington, or to any county or municipal corporation. or to any officer or court in his or its official capacity, shall pass to the state authorities and their successors in office, for the uses therein expressed, and may be used for and recovered accordingly, and all the estate, real, personal and mixed, and all judgments, decrees, bonds, specialties, choses in action, and claims or debts, of whatever description, belonging to the Territory of Washington, shall inure to and vest in the state of Washington, and may be sued for and recovered in the same manner, and to the same extent by the State of Washington, as the same could have been by the Territory of Washington.

SEC. 5. All criminal prosecutions and penal actions which may have arisen, or which may arise, before the change from a territorial to a state government, and which shall be pending, shall be prosecuted to judgment and execution in the name of the state. All offenses committed against the laws of the Territory of Washington, before the change from a territorial to state government. and which shall not be prosecuted before such change, may be prosecuted in the name and by the authority of the State of Washington, with like effect as though such change had not taken place; and all penalties incurred shall remain the same as if this constitution had not been adopted. All actions at law and suits in equity which may be pending in any of the courts of the Territory of Washington, at the time of the change from a territorial to a state government, shall be continued and transferred to the court of the state having jurisdiction of the subject matter thereof.

SEC. 6. All officers now holding their office under the authority of the United States, or of the Territory of Washington, shall continue to hold and xercise their respective offices until they shall be superseded by the authorty of the state.

SEC. 7. All officers provided for in this constitution, including a county lerk for each county, when no other time is fixed for their election, shall be lected at the election to be held for the adoption of this constitution on the rst Tuesday of October, 1889.

SEC. S. Whenever the judge of the superior court of any county, elected r appointed under the provisions of this constitution, shall have qualified, ie several causes then pending in the district court of the territory, except ich causes as would have been within the exclusive jurisdiction of the United tates District Court, had such court existed at the time of the commenceent of such causes within such county, and the records, papers and proceedzs of said district court, and the seal and other property pertaining thereto. all pass into the jurisdiction and possession of the superior court for such unty. And where the same judge is elected for two or more counties, it shall the duty of the clerk of the district court having custody of such papers d records to transmit to the clerk of such county or counties, other than at in which such records are kept, the original papers in all cases pending

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THE STATE CONSTITUTIONS

in such district court and belonging to the jurisdiction of such county or
counties, together with transcript of so much of the records of said distri
court as relate to the same; and until the district courts of the territory shed
be superseded in manner aforesaid, the said district courts and the jud
thereof shall continue with the same jurisdiction and powers, to be exercise!
in the same judicial districts, respectively, as heretofore constituted under the
laws of the territory. Whenever a quorum of the judges of the Supreme Cou
of the state shall have been elected and qualified, the causes then pending
in the Supreme Court of the territory, except such causes as would have
been within the exclusive jurisdiction of the United States Circuit Court
had such court existed at the time of the commencement of such causes,
the papers, records and proceedings of said court, and seal and other property
pertaining thereto, shall pass into the jurisdiction and possession of the S
preme Court of the state, and until so superseded, the Supreme Court of the
territory and the judges thereof shall continue with like powers and juris
diction as if this constitution had not been adopted.

SEC. 9. Until otherwise provided by law, the seal now in use in the S preme Court of the territory shall be the seal of the Supreme Court of the state. The seals of the Superior Courts of the several counties of the st shall be, until otherwise provided by law, the vignette of General George Was ington, with the words: "Seal of the Superior Court of surrounding the vignette. The seal of municipalities, and all county officers County the territory, shall be the seals of such municipalities and county officers, spectively, under the state, until otherwise provided by law.

SEC. 10. When the state is admitted into the Union, and the Superi Courts in the respective counties organized, the books, records, papers proceedings of the probate court in each county, and all causes and matters administration pending therein, shall, upon the expiration of the term of of of the probate judges, on the second Monday in January, 1891, pass into t jurisdiction and possession of the Superior Court of the same county crea by this constitution, and the said court shall proceed to final judgment decree, order or other determination, in, the several matters and canses as territorial probate court might have done if this constitution had not be adopted. And until the expiration of the term of office of the probate jui such probate judges shall perform the duties now imposed upon them by laws of the territory. The Superior Courts shall have appellate and revis jurisdiction over the decisions of the probate courts, as now provided by until such latter courts expire by limitation.

SEC. 11. The Legislature, at its first session, shall provide for the elect of all officers whose election is not provided for elsewhere in this constituti and fix the time for commencement and duration of their term.

SEC. 19. The Legislature

SEC. 12. In case of a contest of election between candidates, at the general election under this constitution, for judges of the Superior Courts,

evidence shall be taken in the manner prescribed by the territorial laws, treasury sufficient money to 1 the testimony so taken shall be certified to the Secretary of State; and provided for by the enabling a

officer, together with the Governor and Treasurer of State, shall review evidence and determine who is entitled to the certificate of election.

gress, at the first election, shall be canvassed and the result determined in manner provided for by the laws of the territory for the canvass of the vote delegate in Congress.

essors
this const
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the same is
SEC. 15.
all be held a
ry, and the v
visions are made
and the several
be canvassed and
territorial law, al
auner provided b
SEC. 16. The
day on which the
declaring the State
all officers elected a
rion shall commence
tion, unless otherwise

tion

rate article No. SEC. 17. The fol for adoption or reject or over, possessing be entitled to vote be lawful for any this state, to manufa sale. except for medicinal, or in any man. hallots cast at said ele of either of said reiving a majority shal and control any provisio SEC. 18. The form stitution, or for or again tion of the government, s For the Constitutie Against the Constit For Woman Suffrag Against Woman Sup For Prohibition Artic Against Prohibition For the permanent

1.

4.

place voted for.)

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SEC. 13. One representative in the Congress of the United States shal elected from the state at large, at the first election provided for in this stitution; and thereafter at such times and places and in such manner may be prescribed by law. Congress, the Legislature shall divide the state into congressional distri When a new apportionment shall be made

in accordance with such apportionment. The vote cast for representative in day of August, anno domini, one

SEC. 14. All district, county and precinct officers, who may be int at the time of the adoption of this constitution, and the county clerk of county elected at the first election, shall hold their respective offices the second Monday of January. A. D. 1891, and until such time as their

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We the midersigned, membe the state of Washington, which adoption or rejection, do hereby by us, and in testimony thereof,

Attest:

JOHN 1. Boor. Chief Clerk

3 may be elected and qualified, in accordance with the provisions of onstitution; and the official bond of all such officers shall continue in ›rce and effect as though this constitution had not been adopted. And officers shall continue to receive the compensation now, provided until me is changed by law.

C. 15.

The election held at the time of the adoption of this constitution be held and conducted in all respects according to the laws of the terriand the votes cast at said election for all officers (where no other pros are made in this constitution), and for the adoption of this constitution he several separate articles, and the location of the state capital, shall nvassed and returned in the several counties in the manner provided by rial law, and shall be returned to the Secretary of the Territory in the er provided by the enabling act. EC. 16.

The provisions of this constitution shall be in force from the on which the President of the United States shall issue his proclamation ring the State of Washington admitted into the Union, and the terms of ficers elected at the first election under the provisions of this constitushall commence on the Monday next succeeding the issue of said proclamaunless otherwise provided herein.

SEC. 17. The following separate articles shall be submitted to the people doption or rejection at the election for the adoption of this constitution: rate article No. 1: "All persons, male and female, of the age of 21 years. ver, possessing the other qualifications provided by this constitution, shall titled to vote at all elections." Separate article No. 2: "It shall not wful for any individual, company, or corporation, within the limits of state, to manufacture, or cause to be manufactured, or to sell, or offer for or in any manner dispose of any alcoholic, malt or spirituous liquors, ot for medicinal, sacramental or scientific purposes." If a majority of the ts cast at said election on said separate articles be in favor of the adop of either of said separate articles, then such separate articles, so reng a majority shall become a part of this constitution and shall govern control any provision of the constitution in conflict therewith. SEC. 18. The form of ballot to be used in voting for or against this Contion, or for or against the separate articles, or for the permanent locaof the government, shall be:

1.

For the Constitution.
Against the Constitution.

2. For Woman Suffrage Article.

Against Woman Suffrage Article.

3. For Prohibition Article.

Against Prohibition Article.

4. For the permanent location of the seat of government.

(Name of

e voted for.)

SEC. 19.

The Legislature is hereby authorized to appropriate from the state sury sufficient money to pay any of the expenses of this constitution not vided for by the enabling act of Congress.

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CERTIFICATE.

We the undersigned, members of the convention to form a constitution for state of Washington, which is to be submitted to the people for their option or rejection, do hereby declare this to be the constitution formed us, and in testimony thereof, do hereunto set out hands, this twenty-second of August, anno domini, one thousand eight hundred and eighty-nine. JOHN P. HOYT, President.

Attest:

IN I, BOOGE, Chief Clerk

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THE STATE CONSTITUTIONS

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ARTICLE I.

RELATION TO THE GOVERNMENT OF THE UNITED STATES.

*** SECTION 1. The State of West Virginia is, and shall remain, one of the United States of America. The Constitution of the United States of America. and the laws and treaties made in pursuance thereof, shall be the supreme law of the land.

CONSTITUTION OF WEST VIRGINIA-1872.*

SEC. 2. The government of the United States is a government of enumerated powers, and all powers not delegated to it, nor inhibited to the States, are reserved to the States or to the people thereof. reserved to the States is the exclusive regulation of their own internal government and police; and it is the high and solemn duty of the several departAmong the powers so ments of government, created by this Constitution, to guard and protect the people of this State from all encroachments upon the rights so reserved.

1

SEC. 3. The provisions of the Constitution of the United States, and of this State, are operative alike in a period of war as in time of peace, and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and des potism.

SEC. 4.

For the election of representatives to congress, the State shall be divided into districts, corresponding in number with the representatives to which it may be entitled; which districts shall be formed of contiguous counties, and be compact. equal number of population, to be determined according to the rule prescribed Each district shall contain, as nearly as may be, an in the Constitution of the United States.

ARTICLE II.

THE STATE.

SECTION 1.
Commonwealth of Virginia, shall constitute and form the State of West Vir
The territory of the following counties, formerly parts of the
ginia, viz.:

The counties of Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, Car houn, Clay, Doddridge, Fayette, Gilmer, Grant, Greenbrier, Hampshire, Hancock, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Logan. Marion, Marshall, Mason, McDowell, Mercer, Mineral, Mingo1, Monongalia. Monroe, Morgan, Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, Preston. Putnam, Raleigh, Randolph, Ritchie, Roane, Summers, Taylor, Tucker, Tyler. Upshur, Wayne, Webster, Wetzel, Wirt, Wood and Wyoming. West Virginia includes the bed, bank and shores of the Ohio river, and so much of the Big Sandy river as was formerly included in the Commonwealth The State of of Virginia; and all territorial rights and property in, and jurisdiction over the same, heretofore reserved by and vested in the Commonwealth of Virginia, are vested in and shall hereafter be exercised by the State of West Virginia. And such parts of the said beds, banks and shores, as lie opposite. and adjoining the several counties of this State, shall form parts of sail several counties, respectively.

SEC. The powers of government reside in all the citizens of the State and can be rightfully exercised only in accordance with their will and appoint

ment.

*The convention which framed the constitution of West Virginia assembled at Charleston on Jan. 16, 1872, and adjourned on Apr. 9, 1872. The constitution and schedule were submitted to the electors on Aug. 22, 1872, and were ratified by a majority of 4,567, out of a total vote of 80,000. The constitution and schedule became operative on the fourth Thursday of August, 1872.

1 Mingo county was created by the acts of 1895, Chap. 68.

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CONSTITUTION OF

SEC. 3.
States, and subject to the jurisdiction th
All persons residing in this St

SEC. 4.
ment, and, in all apportionments of
Every citizen shall be entitle
those entitled thereto, shall as far as
SFC. 5. No distinction shall be made
to the acquisition, tenure, disposition
SEC. 6.
7. or in adhering to its enemies, giving
Treason against the State sha
sim.I be convicted of treason. unless on

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same overt act, or on confession in opording to the character of the acts r more of the penalties, of death, imprise y law.

SEC. 7. ...ileri.“ shall be the great seal of the St The present seal of the Stat -- by the Secretary of State, to be used SEC. S. State shall run in the name of, and offic Writs, grants and commission. State of West Virginia. Indictments - dignity of the State."

ARTICLE BILLS OF RE

SECTION 1. All men are, by nature have certain inherent rights, of which wh bey can joyment of life and liberty, with the not by any compact, deprive or erty, and of pursuing and obtaining SEC. 2. Magistrates All power is vested in, and c are their trustees and serv

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SEC. 3. arity of the people, nation or commun Government is instituted fo lest, which is capable of producing ➡fety, and is most effectually secured and purposes, a majority of the comm when any government shall .1 indefeasible right to reform, alter hall be juigel most conducive to the pr The privilege of a writ of shall be held to answer for

SEC. 4. person

izable by a justice, unless on presen So bill of attainder. ex post facto law ntract. Shall be passed.

Excessive bail shall not be

SEC. 5. cruel and unusual punishment infli the character and degree of the offe π of, or e: nor shall any person, in any crim forced to leave the State inst himself, or be twice put in jec

Sec. 6. mal effects, against reasonable search The right of citizens to be So warrant shall issue except upon affirmation. particularly describing the đếng to be seized. SET. 7.

1: hut the Legislature may by suita No law abridging the freedo a sile of obscene books, papers. or piett

*.

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