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SEC. 3. No crime or criminal offense committed against the laws of the territory of Montana shall abate, or be in any wise affected, by reason of the change from a territorial to a state form of government; but the same sha.. be deemed and taken to be an offense against the laws of the state, and the appropriate courts of the state shall have jurisdiction over and to hear and determine the same; Provided, That this section shall not in any wise be cou strued to change the law of the statute of limitations, or the due effect or application of the same.
SEC. 4. Except as herein otherwise provided, the word "district" shall be substituted and read in lieu of the word "probate" in the terms "probate court" or "probate judge" whenever the same occur in the laws of the territory of Montana, and all said laws which by their terms apply to probate courts of probate judges shall, except as in this constitution otherwise provided, upon a change from territorial to state government, be deemed and taken to apply 'to district courts and district judges; Provided, That all laws allowing fees t probate judges are hereby repealed.
SEC. 5. Clerks of district courts, until otherwise provided by law, sha each perform the duties and be entitled to the same fees as now provided by law for clerks of the district courts of the territory, and until otherwise pre vided by law shall also perform the services and be entitled to fees therefor that are now provided for clerks of probate courts.
SEC. 6. Upon a change from territorial to state government the seals in use by the supreme court and the territorial district courts in and for the ser eral counties respectively, shall pass to and become, until otherwise provide by law, the seals respectively of the supreme court and of the district cons of the state in such counties.
SEC. 7. Prosecutions for criminal offenses against the laws of the terr tory of Montana, pending at the time the state shall be admitted into the union shall not abate; but the same shall continue and be prosecuted in th name of the state of Montana, and the title of every such action shall changed to conform to this provision.
SEC. 8. Parties who, at the time of the admission of the state into the union, may be confined under lawful commitments, or otherwise lawfully held t answer for alleged violations of any of the criminal laws of the territory « Montana, shall continue to be so confined or held until discharged therefres by the proper courts of the state.
SEC. 9. All writs, processes, prosecutions, actions, causes of action, de fenses, claims and rights of individuals, associations and bodies corporate exs ing at the time the state shall be admitted into the union, shall continue an be respectively executed, proceeded with, determined, enforced and protects under the laws of the state.
SEC. 10. All undertakings, bonds, obligations and recognizances in fore at the time the state shall be admitted, into the union, which was executed t the territory of Montana, or any officer thereof in his official capacity, or to ai official board for the benefit of the territory of Montana, are hereby respective assigned and transferred to the state of Montana, to the state officer success to said territorial officer, or the official board successor to the aforesaid offje. board, for the use of the state, as the case may be, and shall be as valid an binding as if executed under state law to the state, or state officer in his off cial capacity, or official board, for the benefit of the state; and all fines, taxe penalties and forfeitures due or owing to the territory of Montana or to s county, school district, or municipality therein, at the time the state shall almitted into the union, are hereby respectively assigned and transferred, a d the same shall be payable to the state, county, school district or municipalt as the case may be, and payment thereof may be enforced under the laws the state.
SEC. 11. All property, real and personal, and all moneys, credits, clai demands and choses in action of every kind, belonging to the territory Montana at the time the state shall be admitted into the union, are ben
1 transferred to, and shall be vested in, and become the property of Montana.
All obligations of the territory of Montana, existing, in force at the time of the admission of the state into the union are hereby the state, which shall and will well and truly pay the same.
All matters, cases and proceedings pending in any probate court ory of Montana, at the time the state shall be admitted into the all official records, files, moneys, and other property of, or peruch court, are hereby transferred to the district court in and for inty, and such district court shall have full power and jurisdiction rmine and dispose of all such matters, cases and proceedings.
All actions, cases and proceedings, and matters which shall be he supreme and district courts of Montana territory at the time sion of the state into the union whereof the United States circuit ourt might have had jurisdiction, had such court existed at the nt of such actions, cases, proceedings and matters, respectively, sferred to said United States circuit and district courts respecall the files, records, indictments and proceedings relating to such s, proceedings and matters shall be transferred to said United ; Provided, That no civil action, cause or proceeding to which the s is not a party, shall be transferred to either of said United except upon written request of one of the parties thereto and in of such request, such case shall be proceeded with in the proper
All actions, cases, proceedings and matters pending in the suistrict courts of the territory of Montana at the time the state itted into the union, and all files, records and indictments relatexcept as otherwise provided herein, shall be appropriately transy be proper to the supreme and district courts of the state, respecI such actions, cases and matters shall be proceeded with in the courts.
Upon a change from a territorial to a state government, and until brided by law, the great seal of the territory shall be deemed be the great seal of the state of Montana.
All territorial, county and township officers now occupying their sitions under the laws of the territory of Montana, or of the of America, shall continue and remain in their respective official perform the duties thereof as now provided by law after the ted into the union, and shall be considered state officers until their office shall be duly elected and qualified, as provided by ordinance, ng any inconsistent provisions in this constitution, and shall be e same compensation for their services as is now established by 1, That the compensation for justices of the supreme court, govretary of the territory shall be paid by the state of Montana. open convention at the city of Helena, in the territory of Monenteenth day of August, in the year of our Lord one thousand and eighty-nine.
WILLIAM A. CLARK, President.
CONSTITUTION OF NEBRASKA-1875.*
We, the people, grateful to Almighty God for our freedom, do, ordain and establish the following declaration of rights and frame of government, as the constitution of the State of Nebraska.
** BILL OF RIGHTS.
SECTION 1. All persons are by nature free and independent, and have cer-j taiu inherent and inalienable rights; among these are life, liberty and the pursuit of happiness. To secure these rights, and the protection of property, gov ernments are instituted among people, deriving their just powers from the cou seut of the governed.
SEC. 2. There shall be neither slavery nor involuntary servitude in this state, otherwise than for punishment of crime, whereof the party shall have been duly convicted.
SEC. 3. No person shall be deprived of life, liberty, or property, without due process of law,
SEC. 4. All persons have a natural and indefeasible right to worship mighty God according to the dictates of their own consciences. No person sha be compelled to attend, erect or support any place of worship against his f sent, and no preference shall be given by law to any religious society, nor sta any interference with the rights of conscience be permitted. No religious te shall be required as a qualification for office, nor shall any person be inco petent to be a witness on account of his religious belief; but nothing here shall be construed to dispense with oaths and affirmations. Religion, morality and knowledge, however, being essential to good government, it shall be duty of the legislature to pass suitable laws to protect every religious denomin ation in the peaceable enjoyment of its own mode of public worship, and encourage schools and the means of instruction.
SEC. 5. Every person may freely speak, write and publish on all subject being responsible for the abuse of that liberty; and in all trials for libel, bot civil and criminal, the truth when published with good motives, and for just fiable ends, shall be a sufficient defense.
SEC. 6. The right of trial by jury shall remain inviolate, but the leg lature may authorize trial by a jury of a less number than twelve met courts inferior to the district court.
SEC. 7. The right of the people to be secure in their persons, houses, paper and effects against unreasonable searches and seizures shall not be violated and no warrant shall issue but upon probable cause, supported by oath affirmation, and particularly describing the place to be searched, and the pers or thing to be seized.
SEC. 8. The privilege of the writ of habeas corpus shall not be suspende unless, in case of rebellion or invasion, the public safety requires it, and th only in such manner as shall be prescribed by law.
SEC. 9. All persons shall be bailable by sufficient sureties, except for treas and murder, where the proof is evident or the presumption great. Excessi bail shall not be required, nor excessive fines imposed, nor cruel and unusa punishment inflicted.
SEC. 10. No person shall be held to answer for a criminal offense, exeq in cases in which the punishment is by fine, or imprisonment otherwise the
The convention which framed the constitution of Nebraska assembled at Lin on May 11 and adjourned on June 12, 1875. The constitution as a whole, the prop tion of allowing electors to express their preference for United States senators, and t question of the location of the seat of government were submitted to the electors of October 12, 1875, and were ratified by the voters, the constitution as a whole by a 18′′ of 30,332 to 5,474. The constitution became effective on November 1, 1875.
iary in case of impeachment, and in cases arising in the army and e militia when in actual service in time of war or public danger, resentment or indictment of a grand jury; Provided, that the y by law provide for holding persons to answer for criminal ofrmation of a public prosecutor; and may by law, abolish, limit, or otherwise regulate the grand jury system.
In all criminal prosecutions the accused shall have the right to fend in person or by counsel, to demand the nature and cause of d to have a copy thereof; to meet the witnesses against him face ve process to compel the attendance of witnesses in his behalf; public trial by an impartial jury of the county or district in which alleged to have been committed.
No person shall be compelled, in any criminal case, to give evi-
Treason against the state shall consist only in levying war against
All penalties shall be proportioned to the nature of the offense, tion shall work corruption of blood or forfeiture of estate; nor son be transported out of the state for any offense committed
No bill of attainder, ex post facto law, or law impairing the oblitracts, or making any irrevocable grant of special privileges or all be passed.
The military shall be in strict subordination to the civil power. No soldier shall in time of peace be quartered in any house withut of the owner; nor in time of war except in the manner pre
The right of the people peaceably to assemble to consult for the and to petition the government, or any department thereof, shall Iged.
No person shall be imprisoned for debt in any civil action on
The property of no person shall be taken or damaged for public
All elections shall be free; and there shall be no hindrance or
The right to be heard in all civil cases in the court of last resort, for, or otherwise, shall not be denied.
No distinction shall ever be made by law between resident aliens reference to the possession, enjoyment or descent of property. This enumeration of rights shall not be construed to impair or etained by the people, and all powers not herein delegated, remain le.
DISTRIBUTION OF POWERS.
The powers of the government of this state are divided into departments, the legislative, executive and judicial, and no perion of persons being one of these departments, shall exercise any y belonging to either of the others, except, as hereinafter expressly rmitted.
SECTION 1. The legislative authority of the state shall be vested in a legis lature consisting of a senate and house of representatives, but the people reserve to themselves power to propose laws, and amendments to the constitution. and to enact or reject the same at the polls independent of the legislature, ami also reserve power at their own option to approve or reject at the poils any act, item, section, or part of any act passed by the legislature.1
SEC. 1A. The first power reserved by the people is the initiative. Tea per cent of the legal voters of the state, so distributed as to include five per cent of the legal voters in each of two-fifths of the counties of the state, may propose any measure by petition, which shall contain the full text of the mea-ure so proposed. Provided, that proposed Constitutional Amendments shall re quire a petition of fifteen per cent of the legal voters of the state distributel as above provided. Initiative petitions (except for municipal and wholly local legislation) shall be filed with the Secretary of State and be by him submitted to the voters at the first regular state election held not less than four months. after such filing. The same measure, either in form or in essential substance. shall not be submitted to the people by initiative petition (either affirmatively or negatively) oftener than once in three years. If conflicting measures sub mitted to the people at the same election shall be approved the one receiving the highest number of affirmative votes shall thereby become law as to all co flicting provisions. The Constitutional limitations as to scope and subject m ter of statutes enacted by the legislature shall apply to those enacted by initiative.
SEC. 1B. The second power reserved is the referendum. It may be ordere by a petition of ten per cent of the legal voters of the state, distributed required for initiative petitions. Referendum petitions against measures passe by the legislature shall be filed with the Secretary of State within ninety day after the legislature enacting the same adjourns sine die or for a period longe than ninety days; and elections thereon shall be had at the first regular sta election held not less than thirty days after such filing.
SEC. 1C. The referendum may be ordered upon any act except acts mak ing appropriations for the expenses of the state government, and state inst tutions existing at the time such act is passed. When the referendum is dered upon an act or any part thereof it shall suspend its operation until th same is approved by the voters, provided, that emergency acts, or acts for th immediate preservation of the public peace, health, or safety shall continue effect until rejected by the voters or repealed by the legislature. Filing of referendum petition against one or more items, sections, or parts of an act sha not delay the remainder of the measure from becoming operative.
SEC. 1D. Nothing in this section shall be construed to deprive any membe of the legislature of the right to introduce any measure. The whole numbe of votes cast for governor at the regular election last preceding the filing any initiative or referendum petition shall be the basis on which the number legal voters required to sign such petition shall be computed. The veto pow of the governor shall not extend to measures initiated by or referred to th people. All such measures shall become the law or a part of the constitutie when approved by a majority of the votes cast thereon, provided, the votes cas in favor of said initiative measure or part of said Constitution shall constitu thirty-five per cent (35%) of the total vote cast at said election, and not othe wise, and shall take effect upon proclamation by the governor, which shall made within ten days of the completion of the official canvass. The vote up initiative and referendum measures shall be returned and canvassed in th same manner as is prescribed in the case of presidential electors. The meth of submitting and adopting amendments to the constitution provided by th section shall be supplementary to the method prescribed in the article of this
1 Amendment proposed by the legislature of 1911 and ratified at the election November 5, 1912.