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of this State ever be taxed at a higher rate than the lands belonging to persons residing within the State.

SEC. 2. No person shall be prosecuted in any civil action or criminal proceeding for or on account of any act by him done, performed or executed between the first day of January, one thousand eight hundred and sixty-one, and the twentieth day of August, one thousand eight hundred and sixty-six, by virtue of military authority vested in him, or in pursuance of orders from any person vested with such authority by the government of the United States. or of this State, or of the late Confederate States, or any of them, to do such act. And if any action or proceedings shall have been or shall hereafter be instituted against any person for the doing of any such act, the defendant may plead this section in bar thereof.

SEC. 3. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept or knowingly carry a challenge therefor, or agree to go out of this State to fight a duel, shall hold any office in this State.

SEC. 4. No person holding an office of profit under the United States shall during his continuance in such office, hold any office of profit under this State.

SEC. 5. In the absence of any contrary provision, all officers now of hereafter elected or appointed, subject to the right of resignation, shall hold office during their official terms, and until their successors shall be duly elected | or appointed and qualified.

SEC. 6. All officers, both civil and military, under the authority of this State, shall, before entering on the duties of their respective offices, take and subscribe an oath, or affirmation, to support the Constitution of the United States and of this State, and to demean themselves faithfully in office.

SEC. 7. The General Assembly shall, in addition to other penalties, pro vide for the removal from office of county, city, town and township officers on conviction of willful, corrupt or fraudulent violation or neglect of otficial duties.

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SEC. S. The compensation or fees of no State, county or municipal officer shall be increased during his term of office; nor shall the term of any office be extended for a longer period than that for which such officer was elected or appointed.

SEC. 9. The appointment of all officers not otherwise directed by this Constitution shall be made in such manner as may be prescribed by law.

SEC. 10. The General Assembly shall have no power to authorize let teries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State; and all acts or parts of acts heretofor passed by the Legislature of this State, authorizing a lottery or lotteries, air all acts amendatory thereof or supplemental thereto, are hereby avoided.

SEC. 11. It shall be the duty of the grand jury in each county, at lesS once a year, to investigate the official acts of all officers having charge public funds, and report the result of their investigations, in writing, to t court.

SEC. 12. Senators and Representatives shall, in all cases, except treased felony, or breach of the peace, be privileged from arrest during the sessio of the General Assembly, and for fifteen days next before the commenceme: and after the termination of each session; and for any speech or debate either house they shall not be questioned in any other place.

ARTICLE XV.

MODE OF AMENDING THE CONSTITUTION.

SECTION 1. This Constitution may be amended and revised only in 1. suance of the provisions of this article.

SEC. 2. The General Assembly may, at any time, propose such am ments to this Constitution as a majority of the members elected to each hen shall deem expedient; and the vote thereon shall be taken by yeas and L and entered in full on the journals. The proposed amendments

Shall

d with the laws of that session, and also shall be published weekly ? newspaper, if such there be, within each county in the State, for secutive weeks next preceding the general election then next ensuing. posed amendments shall be submitted to a vote of the people, each ent separately, at the next general election thereafter, in such manner General Assembly may provide. If a majority of the qualified voters tate, voting for and against any one of said amendments, shall vote for hendment, the same shall be deemed and taken to have been ratified people, and shall be valid and binding, to all intents and purposes, rt of this Constitution.

3.

The General Assembly may at any time authorize, by law, a vote people to be taken upon the question whether a convention shall be the purpose of revising and amending the Constitution of this State; ht such election a majority of the votes on the question be in favor avention, the Governor shall issue writs to the sheriffs of the different ordering the election of delegates to such a convention, on a day than three and within six months after that on which the said ques11 have been voted on. At such election each Senatorial district shall to delegates for each Senator to which it may then be entitled in eral Assembly, and every such delegate shall have the qualifications of Senator. The election shall be conducted in conformity with the ulating the election of Senators. The delegates so elected shall meet time and place as may be provided by law, and organize themselves onvention, and proceed to revise, and amend the Constitution; and the tion, when so revised and amended, shall, on a day to be therein t less than sixty days or more than six months after that on which have been adopted by the convention, be submitted to a vote of the or and against it, at an election to be held for that purpose; and if ity of all the votes given be in favor of such Constitution, it shall, nd of thirty days after such election, become the Constitution of this The result of such election shall be made known by proclamation by ernor. The General Assembly shall have no power, otherwise than in tion specified, to authorize a convention for revising and amending stitution.

SCHEDULE.

t no inconvenience may arise from the alteration and amendments in stitution of this State, and to carry the same into complete effect, it y ordained and declared :

ION 1. That all laws in force at the adoption of this Constitution, nsistent therewith, shall remain in full force until altered or repealed General Assembly; and all rights, actions, prosecutions, claims and s of the State, counties, individuals or bodies corporate, not inconherewith, shall continue to be as valid as if this Constitution had not opted. The provisions of all laws which are inconsistent with this ition shall cease upon its adoption, except that all laws which are tent with such provisions of this Constitution as require legislation to them shall remain in force until the first day of July, one thousand undred and seventy-seven, unless sooner amended or repealed by the Assembly.

2. That all recognizances, obligation, and all other instruments ento or executed before the adoption of this Constitution, to this State, y subdivision thereof, or any municipality therein; and all fines, taxes, sand forfeitures, due or owing to this State, or any such subdivision cipality; and all writs, prosecutions, actions and causes of actions, except n otherwise provided, shall continue and remain unaffected by the adopthis Constitution. All indictments which shall have been found, or may r be found, for any crime or offense committed before this Constitues effect, may be proceeded upon as if no change had taken place, exotherwise provided in this Constitution.

3. All county and probate courts, as now constituted and organized,

shall continue with their jurisdiction, until the General Assembly shall by law conform them in their organization to the requirements of this Constitution.

SEC. 4. All criminal courts organized and existing under the laws of this State, and not specially provided for in this Constitution, shall continue to exist until otherwise provided by law.

SEC. 5. All courts of common pleas existing and organized in cities and towns having a population exceeding three thousand five hundred inhabitants. and such as by the law of their creation are presided over by a judge of a circuit court, shall continue to exist and exercise their present jurisdiction until otherwise provided by law. All other courts of common pleas shall cease to exist at the expiration of the present terms of office of the several judges thereof.

SEC. 6. All persons now filling any office or appointment in this State shall continue in the exercise of the duties thereof, according to their re spective commissions or appointments, unless otherwise provided by law.

SEC. 7. Upon the adoption of this Constitution, all appeals to and writs of error from the Supreme Court shall be returnable to the Supreme Court at the City of Jefferson.

SEC. 8. Until the General Assembly shall make provision for the pay ment of the State and railroad indebtedness of this State, in pursuance of section fourteen of article X of this Constitution, there shall be levied and collected an annual tax of one-fifth of one per centum on all real estate and other property and effects subject to taxation, the proceeds of which shall be applied to the payment of the interest on the bonded debt of this State as it matures, and the surplus, if any,. shall be paid into the sinking fund and thereafter applied to the payment of such indebtedness, and to no other purpose.

SEC. 9. This Constitution shall be submitted to the people of this State for adoption or rejection, at an election to be held for that purpose only on Saturday, the thirtieth day of October, one thousand eight hundred and seventy-five. Every person entitled to vote under the Constitution and laws of this State shall be entitled to vote for the adoption or rejection of this Constitution. Said election shall be held and said qualified electors shall vote at the usual places of voting in the several counties of this State; and said election shall be conducted and returns thereof made according to the laws now in force regulating general elections.

SEC. 10. The clerks of the several county courts in this State shall, at least five days before said election, cause to be delivered to the judges of election in each election district or precinct in their respective counties, suitable blank poll-books, forms of return and five times the number of properly prepared printed ballots for said election that there are voters in said respective districts, the expense whereof shall be allowed and paid by the sexeral county courts, as other county expenditures are allowed and paid.

SEC. 11. At said election the ballots shall be in the following form: : New Constitution ticket (erase the clause you do not favor). New Constitution, Yes. New Constitution, No. Each of said tickets shall be counted as a vote for or against this Constitution, as the one clause or the other may be canceled with ink or pencil by the voter, and returns thereof shall be made accordingly. If both clauses of the ticket be erased, or if neither be erased, he ticket shall not be counted.

SEC. 12. The returns of the whole vote cast for the adoption and against the adoption of this Constitution shall be made by the several clerks, as now provided by law in case of the election of State officers, to the Secretary of State, within twenty days after the election; and the returns of said votes shall, within ten days thereafter, be examined and canvassed by the State Auditor, State Treasurer and Secretary of State, or any two of them, in the presence of the Governor, and proclamation shall be made by the Governor forthwith of the result of the canvass.

SEC. 13. If, upon such canvass, it shall appear that a majority of the

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ed were in favor of the new Constitution, then this Constitution ind after the thirtieth day of November, one thousand eight hundred ty-five, be the supreme law of the State of Missouri, and the present Constitution shall thereupon cease in all its provisions; but if it shall at a majority of the votes polled were against the new Constitution, Constitution shall be null and void, and the existing Constitution inue in force.

14. The provisions of this schedule required to be executed prior option or rejection of this Constitution, shall take effect and be in nediately.

15. The General Assembly shall pass all such laws as may be necesrry this Constitution into full effect.

16. The present Secretary of State, State Auditor, Attorney-General rintendent of Public Schools shall, during the remainder of their office, unless otherwise directed by law, receive the same compensafees as is now provided by law; and the present State Treasurer ng the remainder of the term of his office, continue to be governed g law, in the custody and disposition of the State funds, unless directed by law.

7. Section twelve of the Bill of Rights shall not be so construed ent arrests and preliminary examination in any criminal case. in Convention, at the Capitol, in the City of Jefferson, on the second ugust, in the year of our Lord one thousand eight hundred and e, and of the Independence of the United States the one hun

CONSTITUTION OF MONTANA-1889.*

PREAMBLE.

We, the people of Montana, grateful to Almighty God for the blessings of liberty, in order to secure the advantages of a state government, do, in accordance with the provisions of the enabling act of congress, approved the twenty-second of February, A. D. 1889, ordain and establish this constitu

tion.

ARTICLE I.

BOUNDARIES.

SECTION 1. The boundaries of the state of Montana shall be as follows to-wit: Beginning at a point formed by the intersection of the twenty-seventh degree of longitude west from Washington with the forty-fifth degree of north latitude, thence due west on the forty-fifth degree of latitude to a point formed by its intersection with the thirty-fourth degree of longitude west from Washington, thence due south along the thirty-fourth degree of longitude, te a point formed by its intersection with the crest of the Rocky mountains thence following the crest of the Rocky mountains northward to its inter section with the Bitter Root mountains; thence northward along the cre of the Bitter Root mountains to its intersection with the thirty-ninth deg of longitude west from Washington; thence along the thirty-ninth degree longitude northward to the boundary line of the British Possessions; then eastward along the boundary line to the twenty-seventh degree of longitude? west from Washington; thence southward along the twenty-seventh degre of longitude to the place of beginning.

ARTICLE II.

MILITARY RESERVATIONS.

SECTION 1. Authority is hereby granted to and acknowledged in the Unite States to exercise exclusive legislation as provided by the constitution of th United States, over the military reservations of Fort Assinaboine, Fort Custe Fort Keogh, Fort Maginnis, Fort Missoula and Fort Shaw, as now establishe by law, so long as said places remain military reservations, to the same exter and with the same effect as if said reservations had been purchased by th United States by consent of the legislative assembly of the state of Montana and the legislative assembly is authorized and directed to enact any law nece sary or proper to give effect to this article.

Provided, That there be and is hereby reserved to the state the rig to serve all legal process of the state, both civil and criminal, upon person. and property found within any of said reservations in all cases where United States has not exclusive jurisdiction.

ARTICLE III.

A DECLARATION OF RIGHTS OF THE PEOPLE OF THE STATE OF MONTANA,

SECTION 1. All political power is vested in and derived from the people all government of right originates with the people; is founded upon their wi only and is instituted solely for the good of the whole.

SEC. 2. The people of the state have the sole and exclusive right governing themselves, as a free, sovereign and independent state, and to alte and abolish their constitution and form of government, whenever they ma

The constitution of Montana was drafted by a convention which assembled Helena on July 4 and adjourned on August 17, 1889. The constitution was submitt to the people on October 1, 1889, and was ratified by a majority of the electors. The state was formally admitted to the Union on November 8, 1889.

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