SEC. 11. Every bill which shall have passed the Senate and House of Representatives, in conformity to the rules of each house and the joint rules of the two houses, shall, before it becomes a law, be presented to the governor of the State. If he approve, he shall sign and deposit it in the office of secretary of state for preservation, and notify the house where it originated of the fact. But if not, he shall return it, with his objections, to the house in which it shall have originated; when such objections shall be entered at large on the journal of the same, and the house shall proceed to reconsider the bill. If, after such reconsideration, two-thirds of that house shall agree! to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if it be approved by two-thirds of that house it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journal of each house, respectively. If any bill shall not be returned by the governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislature, by adjournment within that time, prevents its return; in which case it shall not be a law. The governor may approve, sign and file in the office of the secretary of state, within three days after the adjournment of the legislature, any act passed during the last three days of the session, and the same shall become a law. If any bill presented to the governor contain several items of appropria tion of money, he may object to one or more of such items, while approving of the other portion of the bill. In such case he shall append to the bill, a the time of signing it, a statement of the items to which he objects, and the appropriation so objected to shall not take effect. If the legislature be i session, he shall transmit to the house in which the bill originated a cop of such statement, and the items objected to shall be separately reconsidered If, on reconsideration, one or more of such items be approved by two-third of the members elected to each house, the same shall be a part of the law notwithstanding the objections of the governor. All the provisions of thi section, in relation to bills not approved by the governor, shall apply in case in which he shall withhold his approval from any item or items containe in a bill appropriating money.7 SEC. 12. No money shall be appropriated except by bill. Every order resolution or vote requiring the concurrence of the two houses (except such as relate to the business or adjournment of the same) shall be presented to the governor for his signature, and, before the same shall take effect, shall be approved by him, or, being returned by him with his objections, shall bệ repassed by two-thirds of the members of the two houses, according to the rules and limitations prescribed in case of a bill. SEC. 13. The style of all laws of this State shall be: "Be it enacted by the Legislature of the State of Minnesota." No law shall be passed unless voted for by a majority of all the members elected to each branch of the legislature, and the vote entered upon the journal of each house. SEC. 14. The House of Representatives shall have the sole power of im peachment, through a concurrence of a majority of all the members elected to seats therein. All impeachments shall be tried by the Senate; and when sitting for that purpose the senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the members present. SEC. 15. The legislature shall have full power to exclude from the privi lege of electing or being elected any person convicted of bribery, perjury, or any other infamous crime. SEC. 16. Two or more members of either house shall have liberty to dissent and protest against any act or resolution which they may think injurious 7 Amendment proposed by the legislature of 1876 and ratified by the electors on November 7, 1876. The amendment is the second paragraph only. to the public or to any individual, and have the reason of their dissent entered on the journal. SEC. 17. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature. The legislature shall prescribe by law the manner in which evidence in cases of contested seats in either house shall be taken. SEC. 18. Each house may punish by imprisonment, during its session, any person, not a member, who shall be guilty of any disorderly or contemptuous behavior in their presence, but no such imprisonment shall at any time exceed twenty-four hours. SEC. 19. Each house shall be open to the public during the sessions thereof, except in such cases as in their opinion may require secrecy. SEC. 20. Every bill shall be read on three different days in each separate house, unless, in case of urgency, two-thirds of the house where such bill is depending shall deem it expedient to dispense with this rule; and no bill shall be passed by either house until it shall have been previously read twice at length. SEC. 21. Every bill having passed both houses shall be carefully enrolled. and shall be signed by the presiding officer of each house. Any presiding officer refusing to sign a bill which shall have previously passed both houses shall thereafter be incapable of holding a seat in either branch of the legis lature, or hold any other office of honor or profit in. the State, and in case of such refusal, each house shall, by rule, provide the manner in which such hill shall be properly certified for presentation to the governor. SEC. 22. No bill shall be passed by either house of the legislature upon the day prescribed for the adjournment of the two houses. But this section shall not be so construed as to preclude the enrollment of a bill, or the signafare and passage from one house to the other, or the reports thereon from committees, or its transmission to the executive for his signature. SEC. 23. The legislature shall provide by law for an enumeration of the inhabitants of this State in the year one thousand eight hundred and sixtyfive, and every tenth year thereafter. At their first session after each enumeration so made, and also at their first session after each enumeration made by the authority of the United States, the legislature shall have the power to prescribe the bounds of congressional, senatorial and representative districts, and to apportion anew the senators and representatives among the several districts according to the provisions of section second of this article. SEC. 24. The senators shall also be chosen by single districts of convenient contiguous territory, at the same time that members of the house of representatives are required to be chosen, and in the same manner; and no repreSentative district shall be divided in the formation of a senate district. The Senate districts shall be numbered in a regular series. The terms of office of senators and representatives shall be the same as now prescribed by law until the general election of the year one thousand eight hundred and seventyeight (1878), at which time there shall be an entire new election of all the Senators and representatives. Representatives chosen at such election, or at my election thereafter, shall hold their office for the term of two years, except be to fill a vacancy; and the senators chosen at such election by districts Jesignated as odd numbers shall go out of office at the expiration of the second fear, and senators chosen by districts designated by even numbers shall go ut of office at the expiration of the fourth year; and thereafter senators hall be chosen for four years, except there shall be an entire new election If all the senators at the election of representatives next succeeding each new Apportionment provided for in this article.8 • Amendment proposed by the legislature of 1877 and ratified by the electors on Sovember 6, 1877. The text of the original section is as follows: Sec. 24. The Senitors shall also be chosen by single Districts of convenient contiguous Territory, at the ame time that the members of the House of Representatives are required to be hosen, and in the same manner, and no representative district shall be divided in he formation of a Senate District. The Senate Districts shall be numbered in regular eries, and the Senators chosen by the Districts designated by odd numbers, shall go SEC. 25. Senators and representatives shall be qualified voters of the State, and shall have resided one year in the State and six months immediately preceding the election in the district from which they are elected. [SEC. 26. Members of the Senate of the United States from this State shall be elected by the two houses of the legislature in joint convention, at such time and in such manner as may be provided by law.]9 SEC. 27. No law shall embrace more than one subject, which shall be expressed in its title. SEC. 28. Divorces shall not be granted by the legislature. SEC. 29. All members and officers of both branches of the legislature shall before entering upon the duties of their respective trusts, take and subscribe an oath or affirmation to support the Constitution of the United States, the Constitution of the State of Minnesota, and faithfully and impartially to discharge the duties devolving upon him as such member or officer. K SEC. 30. In all elections to be made by the legislature, the members thereof shall vote viva voce, and their votes shall be entered on the journal. SEC. 31. The legislature shall never authorize any lottery or the sale of lottery tickets. + SEC. 32. [a] Any law providing for the repeal or amendment of any law or laws heretofore or hereafter enacted, which provides that any railroad company now existing in this State or operating its road therein, or which may be hereafter organized, shall, in lieu of all other taxes and assessments upon their real estate, roads, rolling stock, and other personal property, at and during the time and periods therein specified, pay into the treasury of this State a certain percentage therein mentioned of the gross earnings of such railroad companies now existing or hereafter organized, shall, before the same shall take effect or be in force, be submitted to a vote of the people of the State, and be adopted and ratified by a majority of the electors of the State voting at the election at which the same shall be submitted to them.10 SEC. 32. [b] All lauds donated to the State of Minnesota for the pur-. pose of internal improvement, under the eighth section of the act of Congress. approved September fourth, eighteen hundred and forty-one, being “An act to appropriate the proceeds of the sale of the public lands, and to grant preemption rights," shall be appraised and sold, in the same manner and by the same officers, and the minimum price shall be the same as is provided by law for the appraisement and sale of the school lands, under the provisions of title one (1), chapter thirty-eight, of the General Statutes, except the modifica tions hereinafter mentioned. All moneys derived from the sales of said lands shall be invested in the bonds of the United States, or of the State of Minne sota issued since 1860; and the moneys so invested shall constitute the Interna Improvement Land Fund of the State. All moneys received by the county treasurer under the provisions of title one (1), chapter thirty-eight (38). aforesaid, derived from the sale of internal improvement lands, shall be held at all times subject to the order and direction of the state treasurer, for the benefit of the fund to which it belongs; and on the fifteenth day of June each year, and at such other times as he may be requested so to do by the state treasurer, he shall pay over to the said state treasurer all moneys re ceived on account of such fund. The bonds purchased in accordance with this amendment shall be trans ferable only upon the order of the governor, and on each bond shall be written "Minnesota Internal Improvement Land Fund of the State, transferable only on the order of the governor." out of office at the expiration or (of) the first year, and the Senators chosen by the districts designated by even numbers shall go out of office at the expiration of the second year; and thereafter the Senators shall be chosen for the term of two years except there shall be an entire new election of all the Senators at the election nex succeeding each new apportionment provided for in this Article. 9 Obsolete since the adoption of the Seventeenth Amendment of the Federal Constitution. 10 Section 32 [a] is a new section; it was proposed by the legislature of 1871 and was ratified on November 8, 1871. J The principal sum from all sales of internal improvement lands shall not be reduced by any charges or costs of officers, by fees, or by any other means whatever; and section fifty (50), of title one (1), of chapter thirty-eight (38), of the General Statutes, shall not be applicable to the provisions of this amendment, and wherever the words "school lands" are used in said title, it shall read as applicable to this amendment, "Internal Improvement Lands." The moneys belonging to the Internal Improvement Land Fund shall not be appropriated for any purpose whatever until the enactment for that purpose shall have been approved by a majority of the electors of the State voting at the annual general election following the passage of the act.11 The force of this amendment shall be to authorize the sale of the internal improvement lands, without further legislative enactment.12 SEC. 33. In all cases when a general law can be made applicable, no special law shall be enacted; and whether a general law could have been made applicable in any case is hereby declared a judicial question, and as such shall be judicially determined without regard to any legislative assertion on that subject. The legislature shall pass no local or special law regulating the affairs of, or incorporating, erecting or changing the lines of, any county, city, village, township, ward or school district, or creating the offices, or prescribng the powers and duties of the officers of, or fixing or relating to the compensation, salary or fees of the same, or the mode of election or appointment thereto, authorizing the laying out, opening, altering, vacating or maintaining roads, highways, streets or alleys; remitting fines, penalties or forfeitures; regulating the powers, duties and practice of justices of the peace, magistrates and constables; changing the names of persons, places, lakes or rivers; for opening and conducting of elections, or fixing or changing the places of voting; authorizing the adoption or legitimation of children; changing the law of descent or succession; conferring rights upon minors; declaring any named person of age; giving effect to informal or invalid wills or deeds, or affecting the estates of minors or persons under disability; locating or changing county seats; regulating the management of public schools, the building or repairing of schoolhouses, and the raising of money for such purposes; exempting property from taxation, or regulating the rate of interest on money; creating corporations, or amending, renewing, extending or explaining the charters thereof; granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever, or authorizing public taxation for a private purpose. Provided, however, That the inhibitions of local or special laws in this section shall not be construed to prevent the passage of general laws on any of the subjects enumerated. The legislature may repeal any existing special or local law, but shall not amend, extend or modify any of the same.13 11 By chapter 71 of the acts of the extra session of 1881 the proceeds of this fund were pledged to the payment of Minnesota State Railroad adjustment bonds, and the law was voted upon and approved at the general election of 1884 by 31,011 votes in favor and 13,589 votes against. 12 Section 32b is a new section; it was proposed by the legislature of 1872 and ratified at the election of November 5, 1872, and officially promulgated on Decemher 2, 1872. 13 Section 33 is a new section; it was proposed by the legislature of 1881 and ratified at the election of November 8, 1881; the present amendment to this section was proposed by the legislature of 1891, ratifled at the election of November 8, 1892, and proclaimed on December 23, 1892. The text of the original section is as follows: Sec. 33. The Legislature is prohibited from enacting any special or private laws in the following cases: 1st. For changing the name of a person or constituting one person the heir at law of another. 2nd. For laying out, opening or altering highways. 3d. For authorizing persons to keep ferries across streams wholly within this State. 4th. For authorizing the sale or mortgage of real or personal property of minors or other persons under disability. 7th. 8th. 5th. For changing any county seat. 6th. For assessment or collection of taxes or for extending the time for the collection thereof. For granting corporate powers or privileges, except to cities. For authorizing the apportionment of any part of the school fund. SEC. 34. The legislature shall provide general laws for the transaction of any business that may be prohibited by section one (1) of this amendment. and all such laws shall be uniform in their operation throughout the State. SEC. 35. Any combination of persons, either as individuals or as members or officers of any corporation, to monopolize the markets for food products in this State, or to interfore with, or restrict the freedom of, such markets, is hereby declared to be a criminal conspiracy, and shall be punished it such manner as the legislature may provide.15 SEC. 36. Any city or village in this State may frame a charter for its own government as a city consistent with and subject to the laws of this State, as follows: The legislature shall provide, under such restrictions as it deems proper, for a board of fifteen freeholders, who shall be and for the past five years shall have been qualified voters thereof, to be appointed by the district judges of the judicial district in which the city or village is sit uated, as the legislature may determine, for a term in no event to exceed six years, which board shall, within six months after its appointment, return to the chief magistrate of said city or village a draft of said charter, signed by the members of said board, or a majority thereof. Such charter shall be submitted to the qualified voters of such city or village at the next election thereafter, and if four-sevenths of the qualified voters voting at such election shall ratify the same it shall, at the end of thirty days thereafter, become the charter of such city or village as a city, and supersede any existing charter and amendments thereof; provided, that in cities having patrol limits now established, such charters shall require a three-fourths majority vote of th qualified voters voting at such election to change the patrol limits now estab lished. Before any city shall incorporate under this act the legislature shall prescri by law the general limits within which such charter shall be framed Duplicate certificates shall be made setting forth the charter proposed and its ratification, which shall be signed by the chief magistrate of said city or vi lage and authenticated by its corporate seal. One of said certificates shall be deposited in the office of secretary of state, and the other, after being recorded in the office of the register of deeds for the county in which such city or village lies, shall be deposited among the archives of such city or vil lage, and all courts shall take judicial notice thereof. Such charter so de posited may be amended by proposal therefor made by a board of fifteen [commissioners] aforesaid, published for at least thirty days in three newspapers of general circulation in such city or village, and accepted by three fifths of the qualified voters of such city or village voting at the next elec tion, and not otherwise; but such charter shall always be in harmony with and subject to the Constitution and laws of the State of Minnesota. The leg islature may prescribe the duties of the commission relative to submitting amendments of charter to the vote of the people [and shall provide that up. application of five per cent of the legal voters of any such city or village, by written petition, such commission shall submit to the vote of the people pro posed amendments to such charter set forth in said petition.] The board o freeholders above provided for shall be permanent, and all the vacancies by death, disability to perform duties, resignation or removal from the corporati limits, for expiration of term of office.] shall be filled by appointment in the same manner as the original board was created, and said board shall alway contain its full complement of members. 9th. For incorporating any town or village. 10th. For granting to any individual, association or corporation, except munic pal, any special or exclusive privilege, immunity or franchise whatever. 11th. For vacating roads, town plats, streets, alleys and public grounds. But the Legislature may repeal any existing special law relating to the foregoin sub-divisions. 14 This section refers to section 1 of the amendment of 1881, being section 33 pr ceding prior to its amendment in 1892. It was proposed by the legislature of 1881 an was ratified by the electors on November 8, 1881. 15Section 35 is a new section; it was proposed by the legislature of 1889 and wa ratified on November 6, 1888. |