THE STATE CONSTITUTIONS to a decision in cases so heard. The justice who is senior in continuous term of service shall be chief justice, and in case two or more have continuously served during the same period the senior in years of these shall be chief! justice, and the presiding justice of each division shall be selected from the judges assigned to that division in like manner. justices shall be six years, except as hereinafter provided. The term of office of the office at the time this amendment takes effect shall hold their offices for the The justices inf terms for which they were severally elected, and until their successors are: elected and qualified. As soon January, 1901, the governor shall appoint four justices, to hold their offices as practicable after the second Monday in until the second Monday in January, 1903. there shall be elected five justices, one of whom shall hold his office for two At the general election in 1902] years, one for four years, and three for six years. in *1904 and every six years thereafter two justices shall be elected, at the At the general election general election in 1906 and every six years thereafter, two justices shall bei elected. At the general election in 1908 and every six years thereafter, three. justices shall be elected.9 SEC. 3. The supreme court shall have original jurisdiction in proceedings in quo warranto, mandamus, and habeas corpus; and such appellate juris«^ diction as may be provided by law. seat of government and such other terms at such places as may be provided It shall hold one term each year at the by law, and its jurisdiction shall be coextensive with the state. SEC. 4. There shall be appointed, by the justices of the supreme court, a reporter and clerk of said court, who shall hold their offices two years, and: whose duties shall be prescribed by law. SEC. 5. The state shall be divided into five judicial districts, in each of which there shall be elected, by the voters thereof, a district judge, who shall hold his office for the term of four years. such times and places as may be provided by law. District courts shall be held at. SEC. 6. The district courts shall have such jurisdiction in their spective districts as may be provided by law. re SEC. 7. There shall be elected in each organized county a clerk of the district court, who shall hold his office two years, and whose duties shall be prescribed by law. SEC. 8. There shall be a probate court in each county, which shall be a court of record, and have such probate jurisdiction and care of estates of. deceased persons, minors, and persons of unsound minds, as may be prescribed by law, and shall have jurisdiction in cases of habeas corpus. shall consist of one judge, who shall be elected by the qualified voters of the county, and hold his office two years. The court receive for compensation such fees or salary as may be prescribed by law. He shall hold court at such times and The legislature may provide for the appointment or selection of a probate Judge pro tem, when the probate judge is unavoidably absent or otherwise unable or disqualified to sit in any case.10 SEC. 9. Two justices of the peace shall be elected in each township, whose term of office shall be two years, and whose powers and duties shall be prescribed by law. The number of justices of the peace may be increased in any township by law. SEC. 10. All appeals from probate courts and justices of the peace shall be to the district court. SEC. 11. All the judicial officers provided for by this article shall be elected at the first election under this constitution, and shall reside in their of "Amendment proposed by the legislature of 1899 and ratified at the election November 6, 1900. court shall consist of one chief justice and two associate justices (a majority The text of the original section is as follows: § 2. whom shall constitute a quorum), who shall be elected by the electors of the state The supreme at large, and whose term of office, after the first, shall be six years. élection a chief justice shall be chosen for six years, one associate justice for four years, and one for two years. At the first 10 Amendment proposed by the legislature of 1905 and ratified at the election November 6, 1906. of espective townships, counties or districts during their respective terms of ffice. In case of vacancy in any judicial office, it shall be filled by appointment of the governor until the next regular election that shall occur more han thirty days after such vacancy shall have happened. SEC. 12. All judicial officers shall hold their offices until their successors hall have qualified. SEC. 13. The justices of the supreme court and judges of the district ourt shall, at stated times, receive for their services such compensation as may be provided by law, which shall not be increased during their respective erms of office: Provided. Such compensation shall not be less than fifteen madred dollars to each justice or judge, each year, and such justices or judges Ball receive no fees or perquisites nor hold any other office of profit or trust nder the authority of the state, or the United States, during the term of ce for which such justices and judges shall be elected, nor practice law any of the courts in the state during their continuance in office. | SEC. 14. Provision may be made by law for the increase of the number f judicial districts whenever two-thirds of the members of each house shall Meur. Such districts shall be formed of compact territory and bounded by ounty lines, and such increase shall not vacate the office of any judge. | SEC. 15. Justices of the supreme court and judges of the district courts bay be removed from office by resolution of both houses, if two-thirds of the embers of each house concur. But no such removal shall be made except pon complaint, the substance of which shall be entered upon the journal. or until the party charged shall have had notice and opportunity to be heard. | SEC. 16. The several justices and judges of the courts of record in this tate shall have such jurisdiction at chambers as may be provided by law. SEC. 17. The style of all process shall be "The State of Kansas,” and al prosecutions shall be carried on in the name of the state. SEC. 18. Until otherwise provided by law, the first district shall consist of the counties of Wyandotte, Leavenworth, Jefferson and Jackson. The second district shall consist of the counties of Atchison, Doniphan, Brown, emaha. Marshall and Washington. The third district shall consist of the ties of Pottawatomie, Riley, Clay, Dickinson, Davis, Wabaunsee and Shawnee. The fourth district shall consist of the counties of Douglas, John. Lykins. Franklin, Anderson, Linn, Bourbon and Allen. The fifth district hall consist of the counties of Osage, Coffey, Woodson, Greenwood, Madison, Breckinridge, Morris, Chase. Butler and Hunter. SEC. 19. New or unorganized counties shall, by law, be attached for judidal purposes, to the most convenient judicial district. SEC. 20. Provision shall be made by law for the selection, by the bar, of a pro tem. judge of the district court, when the judge is absent or otherise unable or disqualified to sit in any case. ARTICLE IV. ELECTIONS. SECTION 1. All elections by the people shall be by ballot, and all elections y the legislature shall be viva voce. SEC. 2. General elections and township elections shall be held biennially on the Tuesday succeeding the first Monday in November, in the years bearing ven numbers. All county and township officers shall hold their offices for a erm of two years and until their successors are qualified: Provided, One ounty commissioner shall be elected from each of three districts, numbered 1. 2, and 3, by the voters of the district, and the legislature shall fix the time of election and the term of office of such commissioners; such election to be at a general election, and no term of office to exceed six years. All officers whose successors would, under the law as it existed at the time of their lection, be elected in an odd-numbered year, shall hold office for an additional year and until their successors are qualified. No person shall hold the office! of sheriff or county treasurer for more than two consecutive terms.11 SEC. 3. Every public officer holding either by election or appointment is subject to recall from office by a majority of the electors of the state or lesser electoral division for which elected or appointed, voting on the subject at any general or special election, but the provisions hereof shall not bei deemed exclusive of other remedies for removal from office. SEC. 4. An election for recall shall be upon petitions signed by at least ten (10%) per cent of the electors of the state, qualified to sign, for the recall of any state officer; by fifteen (15%) per cent of the electors for the recall of an officer elected by a district less than a state and greater than a county; or, for an officer who was appointed by him; and by twenty-five (25%) per cent of the electors qualified to sign, for the recall of an officer elected in a county, district or municipality within the county, or an officer who was appointed by any such officer elected. Any petition for recall shall certify that the signers thereto are citizens of the United States of America and voted for the officer to be recalled, if elected; or, for the officer who appointed him if appointed, at the last preceding election at which such officer was elected. The petition shall be filed with the authority for calling elec tions in the state or other electoral division, at least ninety days before the date of election, and the election held thereon shall be called within thirty days after filing petition, and be proclaimed at least sixty days before the date of holding. The petition and proclamation of election shall state in not more than two hundred words the reasons for the recall. SEC. 5. The recall ballot shall be. Shall the named officer holding the named office be recalled, and the provisions of law for holding, canvassing and certifying returns of general elections shall apply to recall elections, and if the vote be in favor of the recall a vacancy in the office shall exist, to be filled as authorized by law.12 ARTICLE V. SECTION 1. Every white] [male] person of twenty-one years and upwards belonging to either of the following classes who shall have resided in Kansas six months next preceding any election, and in the township or ward in which he offers to vote at least thirty days next preceding such election-shall be deemed a qualified elector: 1st. Citizens of the United States; 2d. Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization.13 SEC. 2. No person under guardianship, non compos mentis or insane: no person convicted of felony, unless restored to civil rights; no person who has been dishonorably discharged from the service of the United States, unless reinstated; no person guilty of defrauding the government of the United States, or any of the states thereof; no person guilty of giving or receiving a bribe, or offering to give or receive a bribe; and no person who has ever voluntarily borne arms against the government of the United States, or in any manner voluntarily aided or abetted in the attempted overthrow of said gov ernment, except all persons who have been honorably discharged from the military service of the United States since the first day of April. a. D. 1861. 11Amendment proposed by the general assembly of 1901 and ratified at the election of November 4, 1902. The text of the original section is as follows: § 2. General elections shall be held annually on the Tuesday succeeding the first Monday in November. Township elections shall be held on the first Tuesday in April, until otherwise provided by law. Sections 3, 4 and 5 are new sections; they were proposed by the legislature of 1913 and were ratified at the election of November 3, 1914. 13The word "white", enclosed in brackets, has been obsolete since the adoption of the Fifteenth Amendment of the Federal Constitution. Th word "male", enclosed in brackets, has been obsolete since the adoption of Section 8 of this Article in 1913. provided that they have served one year or more therein, shall be qualified to vote or hold office in this state, until such disability shall be removed by a law passed by a vote of two-thirds of all the members of both branches of the legislature.14 SEC. 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, 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 almshouse or other asylum at public expense, nor while confined in any public prison; and the legislature may make provision for taking the votes of electors who may be absent from their townships or wards, in the volunteer military service of the United States, or the militia service of this state; but nothing herein contained shall be deemed to allow any soldier, seaman or marine in the regular army or navy of the United States the right to vote.15 SEC. 4. The legislature shall pass such laws as may be necessary for ascertaining by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established. SEC. 5. Every person who shall give or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or shall go out of the state to fight a duel, shall be ineligible to any office of trust or profit. SEC. 6. Every person who shall have given or offered a bribe to procure his election shall be disqualified from holding office during the term for which he may have been elected. SEC. 7. Electors, during their attendance at elections, in going to and returning therefrom, shall be privileged from arrest in all cases except treason, felony, or breach of the peace. SEC. 8. The rights of citizens of the state of Kansas to vote and hold office shall not be denied or abridged on account of sex.16 ARTICLE VI. A SECTION 1. The state superintendent of public instruction shall have the general supervision of the common-school funds and educational interests of the state, and perform such other duties as may be prescribed by law. superintendent of public instruction shall be elected in each county, whose term of office shall be two years, and whose duties and compensation shall be prescribed by law. SEC. 2. The legislature shall encourage the promotion of intellectual, moral, scientific and agricultural improvement, by establishing a uniform system of common schools, and schools of a higher grade, embracing normal, preparatory, collegiate and university departments. SEC. 3. The proceeds of all lands that have been or may be granted by the United States to the state for the support of schools, and the five hundred thousand acres of land granted to the new states under an act of congress distributing the proceeds of public lands among the several states of the union, approved September 4, A. D. 1841, and all estates of persons dying without heir or will, and such per cent as may be granted by congress, on the sale Νο "Amendment proposed by the legislature of 1867 and ratified at the election of November 5, 1867. The text of the original section is as follows: § 2. person under guardianship, non compos mentis or insane shall be qualified to vote; nor any person convicted of treason or felony unless restored to civil rights. No "Amendment proposed by the legislature of 1864 and ratified at the election of November 8, 1864. The text of the original section is as follows: § 3. 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 being stationed within the same; nor shall any soldier, seaman or marine have the right to vote. 16Section 8 is a new section; it was proposed by the legislature of 1911 and was ratified at the election of November 5, 1913. of lands in this state, shall be the common property of the state, and shall be a perpetual school fund, which shall not be diminished, but the interest of which, together with all the rents of the lands, and such other means as the legislature may provide, by tax or otherwise, shall be inviolably appropriated to the support of common schools. SEC. 4. The income of the state school funds shall be disbursed annually, by order of the state superintendent, to the several county treasurers, and thence to the treasurers of the several school districts, in equitable proportion to the number of children and youth resident therein, between the ages of five and twenty-one years: Provided, That no school district in which a common school has not been maintained at least three months in each year shall be entitled to receive any portion of such funds. SEC. 5. The school lands shall not be sold unless such sale shall be authorized by a vote of the people at a general election; but, subject to revaluation every five years, they may be leased for any number of years not exceeding twenty-five, at a rate established by law. SEC. 6. All money which shall be paid by persons as an equivalent for exemption from military duty; the clear proceeds of estrays, ownership of which shall vest in the taker-up; and the proceeds of fines for any breach of the penal laws, shall be exclusively applied in the several counties in which the money is paid or fines collected, to the support of common schools. SEC. 7. Provision shall be made by law for the establishment, at some eligible and central point, of a state university, for the promotion of literature, and the arts and sciences, including a normal and an agricultural department. All funds arising from the sale or rents of lands granted by the United States to the state for the support of a state university, and all other grants. donations or bequests, either by the state or by individuals, for such purpose. shall remain a perpetual fund, to be called the "university fund"; the interest of which shall be appropriated to the support of the state university. SEC. 8. No religious sect or sects shall ever control any part of the common-school or university funds of the state. SEC. 9. The state superintendent of public instruction, secretary of state and attorney-general shall constitute a board of commissioners for the management and investment of the school funds. Any two of said commissioners shall be a quorum. ARTICLE VII. PUBLIC INSTITUTIONS. SECTION 1. Institutions for the benefit of the insane, blind, and deaf and dumb, and such other benevolent institutions as the public good may require, shall be fostered and supported by the state, subject to such regulations as may be prescribed by law. Trustees of such benevolent institutions as may be hereafter created, shall be appointed by the governor, by and with the advice and consent of the senate; and upon all nominations made by the governor. the question shall be taken in yeas and nays, and entered upon the journal. SEC. 2. A penitentiary shall be established, the directors of which shall be appointed or elected, as prescribed by law. SEC. 3. The governor shall fill any vacancy that may occur in the offices aforesaid, until the next session of the legislature, and until a successor to his appointee shall be confirmed and qualified. SEC. 4. The respective counties of the state shall provide, as may be prescribed by law, for those inhabitants, who, by reason of age, infirmity, or other misfortune, may have claims upon the sympathy and aid of society. ARTICLE VIII. MILITIA. SECTION 1. The militia shall be composed of all able-bodied male citizens between the ages of twenty-one and forty-five years, except such as are exempted by the laws of the United States or of this state; but all citizens of |