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any religious denomination whatever who from scruples of conscience may be averse to bearing arms shall be exempted therefrom, upon such conditions as may be prescribed by law.17
SEC. 2. The legislature shall provide for organizing, equipping and disciplining the militia in such manner as it shall deem expedient, not incompatible with the laws of the United States.
SEC. 3. Officers of the militia shall be elected or appointed, and commissioned in such manner as may be provided by law.
SEC. 4. The governor shall be commander-in-chief, and shall have power to call out the militia to execute the laws, to suppress insurrection, and to repel invasion.
COUNTY AND TOWNSHIP ORGANIZATION.
SECTION 1. The legislature shall provide for organizing new counties. locating county seats, and changing county lines; but no county seat shall be changed without the consent of a majority of the electors of the county: nor any county organized, nor the lines of any county changed, so as to include an area of less than four hundred and thirty-two square miles. SEC. 2. The legislature shall provide for such county and township officers as may be necessary. [SEC. 3.
Eliminated by the adoption of Article 4, Sec. 2. in 1902.118
Eliminated by the adoption of Article 4. Sec. 2. in 1902.]19
SEC. 5. All county and township officers may be removed from office in such manner and for such cause as shall be prescribed by law.
SECTION 1. In the future apportionment of the state, each organized county shall have at least one representative; and each county shall be divided into as many districts as it has representatives.
SEC. 2. It shall be the duty of the first legislature to make an apportionment. based upon the census ordered by the last legislative assembly of the territory; and a new apportionment shall be made in the year 1866, and every five years thereafter, based upon the census of the preceding year.
SEC. 3. Until there shall be a new apportionment, the state shall be divided into election districts; and the representatives and senators shall be apportioned among the several districts as follows, viz.:
1st district, Doniphan, 4 representatives, 2 senators.
2d district, Atchison and Brown, 6 representatives, 2 senators.
3d district. Nemaha, Marshall and Washington, 2 representatives, 1 senator. 4th district, Clay, Riley and Pottawatomie, 4 representatives, 1 senator. 5th district, Dickinson, Davis and Wabaunsee, 3 representatives, 1 senator. "Amendment proposed by the legislature of 1887 and ratified at the election of November 6, 1888. The original section had the word "white" before the word "male".
The text of the original section 3 is as follows: § 3. All county officers shall hold their offices for the term of two years, and until their successors shall be qualified; but no person shall hold the office of sheriff or county treasurer for more than two consecutive terms. The original section was amended in 1876 and the text of this amendment is as follows: § 3. All county officers shall hold their offices for the term of two years, and until their successors shall be qualified. except county commissioners, who shall hold their offices for the term of three years: Provided, That at the general election in the year eighteen hundred and seventy-seven the commissioner elected from district number one in each county shall hold his office for the term of one year, the commissioner elected from district number two in each county shall hold his office for the term of two years. and the commissioner elected from district number three in each county shall hold his office for the term of three years; but no person shall hold the office of sheriff or county treasurer for more than two consecutive terms.
19The text of the original section 4 is as follows: § 4. Township officers, except Justices of the peace, shall hold their offices one year from the Monday next succeeding their election, and until their successors are qualified.
THE STATE CONSTITUTIONS
6th district, Shawnee, Jackson and Jefferson, 8 representatives, 2 senators. 7th district, Leavenworth, 9 representatives, 3 senators.
8th district, Douglas, Johnson and Wyandotte, 13 representatives, 4 senators, 9th district, Lykins, Linn and Bourbon, 9 representatives, 3 senators. 10th district, Allen, Anderson and Franklin, 6 representatives, 2 senators. 11th district, Woodson and Madison, 2 representatives, 1 senator. 12th district, Coffey, Osage and Breckinridge, 6 representatives, 2 senators, 13th district, Morris, Chase and Butler, 2 representatives, 1 senator. 14th district, Arrapahoe, Godfrey, Greenwood, Hunter, Wilson, Dorn and McGee, 1 representative.
FINANCE AND TAXATION.
SECTION 1. The legislature shall provide for a uniform and equal rate of assessment and taxation; but all property used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and charitable purposes, and personal property to the amount of at least two hundred dollars for each family, shall be exempted from taxation.
SEC. 2. The legislature shall provide for taxing the notes and bills discounted or purchased, moneys loaned, and other property, effects, or dues of every description (without deduction), of all banks now existing, or hereafter to be created, and of all bankers; so that all property employed in banking shall always bear a burden of taxation equal to that imposed upon the property of individuals.
SEC. 3. The legislature shall provide, at each regular session, for raising sufficient revenue to defray the current expenses of the state for two years.20 SEC. 4. No tax shall be levied except in pursuance of a law, which shall distinctly state the object of the same; to which object only such tax shall be applied.
SEC. 5. For the purpose of defraying extraordinary expenses and making public improvements, the state may contract public debts; but such debts shall never, in the aggregate, exceed one million dollars, except as hereinafter provided. Every such debt shall be authorized by law for some purpose specified therein, and the vote of a majority of all the members elected to each house, to be taken by the yeas and nays, shall be necessary to the passage of such law; and every such law shall provide for levying an annual tax sufficient to pay the annual interest of such debt, and the principle thereof. when it shall become due; and shall specifically appropriate the proceeds of such taxes to the payment of such principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished, until the interest and principal of such debt shall have been wholly paid.
SEC. 6. No debt shall be contracted by the state except as herein provided, unless the proposed law for creating such debt shall first be submitted to a direct vote of the electors of the state at some general election; and if such proposed law shall be ratified by a majority of all the votes cast at such general election, then it shall be the duty of the legislature next after such election to enact such law and create such debt, subject to all the provisions and restrictions provided in the preceding section of this article.
SEC. 7. The state may borrow money to repel invasion, suppress insurrection, or defend the state in time of war; but the money thus raised shall be applied exclusively to the object for which the loan was authorized, or to the repayment of the debt thereby created.
SEC. 8. The state shall never be a party in carrying on any works of internal improvements.
20 Amendment proposed by the legislature of 1875 and ratified at the election of November 2, 1875. legislature shall provide, each year, The text of the original section is as follows: current expenses of the state. for raising revenue $ 3. The sufficient to defray the
ARTICLE XII. .
SECTION 1. The legislature shall pass no special act conferring corporate powers. Corporations may be created under general laws; but all such laws may be amended or repealed.
SEC. 2. Dues from corporations shall be secured by the individual liability of the stockholders to the amount of stock owned by each stockholder, and such other means as shall be provided by law; but such individual liability shall not apply to railroad corporations nor corporations for religious or charitable purposes.21
SEC. 3. The title to all property of religious corporations shall vest in trustees, whose election shall be by the members of such corporations.
SEC. 4. No right-of-way shall be appropriated to the use of any corporation until full compensation therefor be first made in money, or secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation.
SEC. 5. Provision shall be made by general law for the organization of cities, towns and villages; and their power of taxation. assessment, borrowing money, contracting debts and loaning their credit, shall be so restricted as to prevent the abuse of such power.
SEC. 6. The term corporations, as used in this article, shall include all associations and joint-stock companies having powers and privileges not possessed by individuals or partnerships; and all corporations may sue and be sued in their corporate name.
BANKS AND CURRENCY.
SECTION 1. No bank shall be established otherwise than under a general banking law.
SEC. 2. All banking laws shall require, as collateral security for the redemption of the circulating notes of any bank, organized under their provisions, a deposit with the auditor of state, of the interest-paying bonds of the several states or of the United States, at the cash rates of the New York stock exchange, to an amount equal to the amount of circulating notes which such bank shall be authorized to issue, and a cash deposit in its vaults of ten per cent of such amount of circulating notes: and the auditor shall register and countersign no more circulating bills of any bank, than the cash value of such bonds when deposited.
SEC. 3. Whenever the bonds pledged as collateral security for the circulation of any bank shall depreciate in value, the auditor of state shall require additional security, or curtail the circulation of such bank to such extent as will continue the security unimpaired.
SEC. 4. All circulating notes shall be redeemable in the money of the United States. Holders of such notes shall be entitled, in case of the insolvency of such banks, to preference of payment over all other creditors.
SEC. 5. The state shall not be a stockholder in any banking institution. SEC. 6. All banks shall be required to keep offices and officers for the issue and redemption of their circulation, at a convenient place within the state, to be named on the circulating notes issued by such bank.
SEC. 7. No banking institution shall issue circulating notes of a less denomination than one dollar.22
SEC. 8. No banking law shall be in force until the same shall have been submitted to a vote of the electors of the state at some general election, and approved by a majority of all the votes cast at such election.
SEC. 9. Any banking law may be amended or repealed.
"Amendment proposed by the legislature of 1905 and ratified at the general election of November 6, 1906.
Amendment proposed by the legislature of 1861 and ratified at the election of November 5, 1861. The text of the original section is as follows: § 7. No banking institution shall issue circulating notes of a less denomination than five dollars.
SECTION 1. Propositions for the amendment of this constitution may be made by ther branch the legislature; if two-thirds of all the members elected to each house shall concur therein, such proposed amendments, together with the yeas and nays, shall be entered on the journal; and the secretary of state shall cause the same to be published in at least one newspaper in each county of the state where a newspaper is published, for three months preceding the next election for representatives, at which time the same shall be submitted to the electors for their approval or rejection; and if a majority of the electors voting on said amendments at said elec tion shall adopt the amendments, the same shall become a part of the constitution. When more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately; and not more than three propositions to amend shall be submitted at the same election.
SEC. 2. Whenever two-thirds of the members elected to each branch of the legislature shall think it necessary to call a convention to revise, amend or change this constitution, they shall recommend to the electors to vote at the next election of members to the legislature, for or against a convention; and if a majority of all the electors voting at such election shall have voted for a convention, the legislature shall, at the next session, provide for calling the same.
SECTION 1. All officers whose election or appointment is not otherwise provided for, shall be chosen or appointed as may be prescribed by law.
SEC. 2. The tenure of any office not herein provided for may be declared by law; when not so declared such office shall be held during the pleasure of the authority making the appointment, but the legislature shall not create any office the tenure of which shall be longer than four years.
SEC. 3. Lotteries and the sale of lottery tickets are forever prohibited. SEC. 4. All public printing shall be done by the state printer, who shall be elected by the people at the election held for state officers in November. 1906, and every two years thereafter, at the elections held for state officers. and shall hold his office for two years and until his successor shall be elected and qualified.23
SEC. 5. An accurate and detailed statement of the receipts and expendi tures of the public moneys, and the several amounts paid, to whom, and on what account, shall be published, as prescribed by law.
SEC. 6. The legislature shall provide for the protection of the rights of women, in acquiring and possessing property, real, personal and mixed, separate and apart from the husband; and shall also provide for their equal rights in the possession of their children.
SEC. 7. The legislature may reduce the salaries of officers who shall neglect the performance of any legal duty.
SEC. 8. The temporary seat of government is bereby located at the city of Topeka, county of Shawnee. The first legislature under this constitution
Section 4 has been amended twice; the first amendment was proposed by the legislature of 1867 and was ratified at the election of November 3, 1868; the present amendment was proposed by the legislature of 1903 and was ratified at the election of November 8, 1904. The text of the original section is as follows: § 4. All public printing shall be let by contract, to the lowest responsible bidder, by such executive officers and in such manner as shall be prescribed by law. The text of the amendment of 1868 is as follows: § 4. All public printing shall be done by a state printer, who shall be elected by the legislature in joint session, and shall hold his office for two years and until his successor shall be elected and qualified. The joint session of the legislature for the election of a state printer shall be on the third Tuesday of January, A. D. 1869, and every two years thereafter. All public printing shall be done at the capital [capitol] and the prices for the same shall be regulated by law.
shall provide by law for submitting the question of the permanent location of the capital to a popular vote, and a majority of all the votes cast at some general election shall be necessary for such location.
SEC. 9. A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon: Provided. The provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife.
SEC. 10. The manufacture and sale of intoxicating liquors shall be forever prohibited in this state, except for medical, scientific and mechanical purposes, 24
SECTION 1. That no inconvenience may arise from the change from a territorial government to a permanent state government, it is declared by this Constitution that all suits, rights, actions, prosecutions, recognizances, contracts. judgments, and claims, both as respects individuals and bodies corporate, shall continue as if no change had taken place.
SEC. 2. All fines, penalties and forfeitures, owing to the territory of Kansas, or any county, shall inure to the use of the state or county. All bonds executed to the territory, or any officer thereof, in his official capacity, shall pass over to the governor, or other officers of the state or county, and their successors in office, for the use of the state or county, or by him or them to be respectively assigned over to the use of those concerned, as the case may be.
SEC. 3. The governor, secretary and judges, and all other officers, both civil and military, under the territorial government, shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this constitution.
SEC. 4. All laws and parts of laws in force in the territory at the time of the acceptance of this constitution by congress, not inconsistent with this constitution, shall continue and remain in full force until they expire, or shall be repealed.
SEC. 5. The governor shall use his private seal until a state seal is provided.
SEC. 6. The governor, secretary of state, auditor of state, treasurer of state, attorney-general, and superintendent of public instruction shall keep their respective offices at the seat of government.
SEC. 7. All records, documents, books, papers, moneys and vouchers belonging and pertaining to the several territorial courts and offices and to the several districts and county offices, at the date of the admission of this state into the union, shall be disposed of in such manner as may be prescribed by law.
SEC. 8. All suits, pleas, plaints and other proceedings pending in any court of record, or justice's court, may be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari, injunctions, or other proceedings whatever, may progress and be carried on as if this constitution had not been adopted; and the legislature shall direct the mode in which such suits, pleas, plaints, prosecutions and other proceedings, and all papers. records, books and documents connected therewith, may be removed to the courts established by this constitution.
SEC. 9. For the purpose of taking the vote of the electors of this territory for the ratification or rejection of this constitution, an election shall be
Section 10 is a new section; it was proopsed by the legislature of 1879 and was ratified at the election of November 2, 1880.