« ПредыдущаяПродолжить »
ecuted as provided by law.
And all crimes and misdemeanors and penal ons shall be prosecuted, tried and punished as though no change had taken e. until otherwise provided by law.
SEC. 5. All officers, civil and military, now holding any office or appointt, shall continue to hold their respective offices, unless removed by comnt authority, until superseded under the laws now in force or under this titution.
SEC. 6. All officers elected under the existing constitution and laws on the sday after the first Monday of November, nineteen hundred eight, shall take e on and after the first day of January, nineteen hundred nine, under this titution.
SEC. 7. Until otherwise provided, the salaries or compensation of all public
Adopted by the constitutional convention of nineteen hundred seven at the
CONSTITUTION OF MINNESOTA-1857.
We, the people of the State of Minnesota. grateful to God for our civ and religious liberty, and desiring to perpetuate its blessings and secure th same to ourselves and our posterity, do ordain and establish this constitution
BILL OF RIGHTS.
SECTION 1. Government is instituted for the security, benefit and p tection of the people. in whom all political power is inherent, together wi the right to alter, modify or reform such government, whenever the pub good may require it.
SEC. 2. No member of this State shall be disfranchised, or deprived. any of the rights or privileges secured to any citizen thereof, unless by t law of the land, or the judgment of his peers. There shall be neither slave nor involuntary servitude in the State otherwise than in the punishm of crime, whereof the party shall have been duly convicted.
SEC. 3. The liberty of the press shall forever remain inviolate, and persons may freely speak, write and publish their sentiments on all jects, being responsible for the abuse of such right.
SEC. 4. The right of trial by jury shall remain inviolate, and shall i tend to all cases at law without regard to the amount in controversy, but jury trial may be waived by the parties in all cases in the manner prescril by law: [and the legislature may provide that the agreement of five-sixths any jury in any civil action or proceeding, after not less than six (6) hot deliberation, shall be a sufficient verdict therein.]1·
SEC. 5. Excessive bail shall not be required, nor shall excessive fines imposed; nor shall cruel or unusual punishment be inflicted.
SEC. 6. In all criminal prosecutions the accused shall enjoy the right a speedy and public trial, by an impartial jury of the county or district whe in the crime shall have been committed, which county or district shall ha been previously ascertained by law, and to be informed of the nature a cause of the accusation, to be confronted with the witnesses against hi to have compulsory process for obtaining witnesses in his favor, and to ha the assistance of counsel in his defense.
SEC. 7. No person shall be held to answer for a criminal offense withe due process of law, and no person for the same offense shall be put twi in jeopardy of punishment, nor shall be compelled in any criminal case to a witness against himself, nor be deprived of life, liberty or property wi out due process of law. All persons shall before conviction be bailable sufficient sureties, except for capital offenses when the proof is evident or t presumption great; and the privilege of the writ of habeas corpus shal! be suspended unless when in case of rebellion or invasion the public safe may require.2
The constitution of Minnesota was drafted by a convention which assembled St. Paul on July 13, 1857. The convention was submitted to the people on Octol 13, 1857, and was adopted by a vote of 30,055 to 571; no proposition was submitt separately. The state was admitted to the Union on May 11, 1858.
1 Amendment proposed by the legislature of 1889, ratified by the electors November 4, 1890, and proclaimed adopted on December 20, 1890. The amendme is the part included in the brackets.
"Amendment proposed by the legislature of 1903, ratified by the electors November 8, 1904, and proclaimed adopted on January 6, 1905. The text of the or inal section is as follows: Sec. 7. No person shall be held to answer for a crimi offence unless on the presentment or indictment of a Grand Jury, except in cases impeachment or in cases cognizable by Justices of the Peace, or arising in the Ar or Navy, or in the militia when in actual service in time of war or public danger, a no person for the same offence shall be put twice in jeopardy of punishment, nor sh
SEC. 8. Every person is entitled to a certain remedy in the laws for all ries or wrongs which he may receive in his person, property or character; nught to obtain justice freely and without purchase; completely and withdenial; promptly and without delay, conformable to the laws.
SEC. 9. Treason against the State shall consist only in levying war inst the same, or in adhering to its enemies, giving them aid and comfort. person shall be convicted of treason unless on the testimony of two wites to the same overt act, or on confession in open court.
SFC. 10. The right of the people to be secure in their persons, houses, ers, and effects, against unreasonable searches and seizures, shall not be ated; and no warrant shall issue but upon probable cause, supported by For affirmation, and particularly describing the place to be searched and person or thing to be seized.
SEC. 11. No bill of attainder, ex post facto law, nor any law impairing obligation of contracts shall ever be passed, and no conviction shall work uption of blood or forfeiture of estate.
SEC. 12. No person shall be imprisoned for debt in this State, but this I not prevent the legislature from providing for imprisonment, or holdto bail, persons charged with fraud in contracting said debt. A reasonamount of property shall be exempt from seizure or sale for the payt of any debt or liability. The amount of such exemption shall be deained by law. [Provided, however, that all property so exempted shall be le to seizure and sale for any debts incurred to any person for work done materials furnished in the construction, repair or improvement of the same, | provided further, that such liability to seizure and sale shall also extend real property for any debt incurred to any laborer or servant for labor srvice performed.]3
SPC. 13. Private property shall not be taken, destroyed or damaged for use without just compensation therefor, first paid or secured.4 Sec. 14. The military shall be subordinate to the civil power, and no ting army shall be kept up in this State in time of peace.
SEC. 15. All lands within the State are declared to be allodial, and feudal ares of every description, with all their incidents, are prohibited. Leases grants of agricultural lands for a longer period than twenty-one years after made, in which shall be reserved any rent or service of any kind, be void.
SEC. 16. The enumeration of rights in this constitution shall not be coned to deny or impair others retained by and inherent in the people. right of every man to worship God according to the dictates of his own science shall never be infringed, nor shall any man be compelled to attend, or support any place of worship, or to maintain any religious or ecclesias1 ministry. against his consent; nor shall any control of or interference h the rights of conscience be permitted, or any preference to be given by to any religious establishment or mode of worship; but the liberty of science hereby secured shall not be so construed as to excuse acts of licensness, or justify practices inconsistent with the peace or safety of the te, nor shall any money be drawn from the treasury for the benefit of any gious societies, or religious or theological seminaries.
SEC. 17. No religious test or amount of property shall ever be required a qualification for any office of public trust under this State. No religious 3 or amount of property shall ever be required as a qualification of any
compelled in any criminal case to (be) witness against himself, nor be deprived of , liberty, or property, without due process of Law. All persons shall before contion be bailable by sufficient sureties, except for capital offences, when the proof is dent or the presumption great; and the privilege of the writ of habeas corpus shall be suspended, unless, when in cases of rebellion or invasion, the public safety may uire.
Amendment proposed by the legislature of 1887 and ratified by the electors on vember 6, 1888. The amendment consists of the proviso enclosed in brackets.
Amendment proposed by the legislature of 1895, ratified by the electors on vember 3, 1896, and officially proclaimed on December 29, 1896. The amendment ded the words "destroyed or damaged."
voter at any election in this State; nor shall any person be rendered incon petent to give evidence in any court of law or equity in consequence of hi opinion upon the subject of religion.
SEC. 18. Any person may sell or peddle the products of the farm garden occupied and cultivated by him without obtaining a license ther for.5
ON NAME AND BOUNDARIES.
SECTION 1. This State shall be called and known by the name of t State of Minnesota, and shall consist of and have jurisdiction over the ter tory embraced in the following boundaries, to-wit: Beginning at the point the center of the main channel of the Red River of the North, where i boundary line between the United States and British possessions crosses ↑ same; thence up the main channel of said river to that of the Bois des Sic river; thence up the main channel of said river to Lake Traverse; thence the center of said lake to the southern extremity thereof; thence in a dir line to the head of Big Stone lake; thence through its center to its out! thence by a due south line to the north line of the State of Iowa; thence e along the northern boundary of said State to the main channel of the Mis sippi river; thence up the main channel of said river and following the bot ary line of the State of Wisconsin until the same intersects the St. I river; thence down the said river to and through Lake Superior, on boundary line of Wisconsin and Michigan, until it intersects the divid line between the United States and British possessions; thence up Pigeon and following said dividing line to the place of beginning.
SEC. 2. The State of Minnesota shall have concurrent jurisdiction on Mississippi and on all other rivers and waters bordering on the said State Minnesota, so far as the same shall form a common boundary to said St and any other state or states now or hereafter to be formed by the sa and said rivers and waters, and navigable waters leading into the same, $ be common highways and forever free, as well to the inhabitants of State as to other citizens of the United States, without any tax, duty, imp or toll therefor.
SEC. 3. The propositions contained in the act of Congress entitled. * act to authorize the people of the Territory of Minnesota to form a constitut and state government, preparatory to their admission into the Union on eq footing with the original states." are hereby accepted, ratified and confirm and shall remain irrevocable without the consent of the United States; t it is hereby ordained that this State shall never interfere with the prim disposal of the soil within the same, by the United States, or with i regulations Congress may find necessary for securing the title to said soil bona fide purchasers thereof; and no tax shall be imposed on lands belong to the United States and in no case shall non-resident proprietors be ta higher than residents.
DISTRIBUTION OF THE POWERS OF GOVERNMENT.
SECTION 1. The powers of government shall be divided into three tinct departments-legislative, executive, and judicial; and no person or p sons belonging to or constituting one of these departments shall exercise of the powers properly belonging to either of the others, except in the stances expressly provided in this constitution.
SECTION 1. The legislature shall consist of the Senate and House Representatives, which shall meet biennially at the seat of government of State, at such time as shall be prescribed by law, but no session shall exc
5 Section 18 is a new section; it was proposed by the legislature of 1905, rati by the electors on November 6, 1906, and proclaimed adopted on December 27, 190
he term of ninety (90) legislative days; and no new bill shall be introduced n either branch, except on the written request of the governor, during the ast twenty (20) days of such sessions, except the attention of the legislature hall be called to some important matter of general interest by a special mesage from the governor.6
SEC. 2. The number of members who compose the Senate and House of lepresentatives shall be prescribed by law, but the representatives in the enate shall never exceed one member for every 5,000 inhabitants, and in be House of Representatives one member for every 2,000 inhabitants. The epresentation in both houses shall be apportioned equally throughout the ifferent sections of the State, in proportion to the population thereof, exlusive of Indians not taxable under the provisions of law.
SEC. 3. Each house shall be the judge of the election returns and eligiility of its own members; a majority of each shall constitute a quorum to ransact business, but a smaller number may adjourn from day to day, and ompel the attendance of absent members in such manner and under such enalties as it may provide.
SEC. 4. Each house may determine the rules of its proceedings, sit upon s own adjournment, punish its members for disorderly behavior, and, with he concurrence of two-thirds, expel a member; but no member shall be exelled the second time for the same offense.
SEC. 5. The House of Representatives shall elect its presiding officer and he Senate and House of Representatives shall elect such other officers as may e provided by law; they shall keep journals of their proceedings, and from ime to time publish the same, and the yeas and nays, when taken on any estion, shall be entered on such journals.
SEC. 6. Neither house shall, during a session of the legislature, adjourn more than three days (Sundays excepted), nor to any other place than that in which the two houses shall be assembled, without the consent of the ther house.
SEC. 7. The compensation of senators and representatives shall be three follars per diem during the first session, but may afterwards be prescribed law. But no increase of compensation shall be prescribed which shall take ffect during the period for which the members of the existing House of Representatives may have been elected.
SEC. 8. The members of each house shall in all cases, except treason, elony, and breach of the peace, be privileged from arrest during the seson of their respective houses, and in going to or returning from the same. For any speech or debate in either house they shall not be questioned in any ther place.
SEC. 9. No senator or representative shall, during the time for which e is elected, hold any office under the authority of the United States or the State of Minnesota, except that of postmaster, and no senator or representaive shall hold an office under the state which has been created or the emolunents of which have been increased during the session of the legislature of which he was a member, until one year after the expiration of his term of office in the legislature.
SEC. 10. All bills for raising a revenue shall originate in the House of Representatives, but the Senate may propose and concur with amendments s on other bills.
Section 1 has been amended three times: the first amendment was proposed by the legislature of 1860 and was ratified by the electors on November 6, 1860; the second amendment was proposed by the legislature of 1877 and was ratified by the electors on November 6, 1877; the present amendment was proposed by the legislature of 1887 and was ratified by the electors on November 6, 1888. The text of the original Section is as follows: Section 1. The Legislature of the State, shall consist of a Senate and House of Representatives, who shall meet at the Seat of Government of the State, at such times as shall be prescribed by law. The amendment of 1860 added to the original the words: "But no session shall exceed the term of sixty days." The text of the amendment of 1877 was as follows: Section 1. The Legislature of the State shall consist of a Senate and House of Representatives, who shall meet bienially at the seat of Government of the State, at such time as shall be prescribed by law; but no session shall exceed the term of sixty days.