Изображения страниц
PDF
EPUB
[blocks in formation]

SEC. 22. This constitution shall be enrolled and after adoption and signing the convention shall be delivered to Hon. A. J. Edgerton, the president of the stitutional convention, for safe keeping, and by him to be delivered to the cretary of state as soon as he assumes the duties of his office, and printed pies thereof shall be prefixed to the books containing the laws of the state d all future editions thereof.

The president of this convention shall also supervise the making of the by that must be sent to the president of the United States; said copy is be certified by the president and chief clerk of this convention.

SEC. 23. "The agreement made by the joint commission of the constitional conventions of North and South Dakota concerning the records, books d archives of the Territory of Dakota is hereby ratified and confirmed, which reement is in the words following: That is to say:"

The following books, records and archives of the Territory of Dakota all be the property of North Dakota, towit:

All records, books and archives in the offices of the governor and secrery of the territory (except records of articles of incorporation of domestic rporations, returns of election of delegates to the constitutional convention 1889, for South Dakota, returns of elections held under the so-called local tion law in counties within the limits of South Dakota, bonds of notaries blic appointed for counties within the limits of South Dakota, papers relatg to the organization of counties situate within the limits of South Dakota, of which records and archives are a part of the records and archives of id secretary's office; excepting also census returns from counties situate thin the limits of South Dakota and papers relating to requisitions issued on the application of officers of counties situate within the limits of South

Dakota, all which are part of the records and archives of said govern's office.)

And the following records books and archives shall also be the propery of the State of North Dakota, towit:

Vouchers in the office or in the custody of the auditor of this terrion relating to expenditures on account of public institutions, grounds or bui ings situate within the limits of North Dakota; one warrant register in the office of the treasurer of this territory, being a record of warrants issue under and by virtue of chapter twenty-four of the laws enacted by the eigh eenth legislative assembly of Dakota territory; all letters, receipts and vouchers in the same office now filed by counties and pertaining to counties within Fimits of North Dakota; paid and cancelled coupons in the same office represent ing interest on bonds which said State of North Dakota is to assume and p reports of gross earnings of the year 1888 in the same office, made by corpone tions operating lines of railroad situated wholly or mainly within the limits North Dakota; records and papers of the office of the public examiner of second district of the territory; records and papers of the office of the secur district board of agriculture; records and papers in the office of the be of pharmacy of the district of North Dakota.

All records, books and archives of the Territory of Dakota which it is not herein agreed shall be the property of North Dakota, shall be the pr erty of South Dakota.

The following books shall be copied and the copies shall be the propert of North Dakota, and the cost of such copies shall be borne equally by said states of North Dakota and South Dakota. That is to say:

Appropriation ledger for the years ending November, 1889 and 180

volume.

The current warrant auditor's register-one volume.

Insurance record for 1889-one volume.

Treasurer's cash book "D".

Assessment ledger "B".

Dakota Territory bond register-one volume.
Treasurer's current ledger-one volume.

The originals of the foregoing volumes which are to be copied, shall any time after such copying shall have been completed, be delivered on dear. to the proper authorities of the State of South Dakota.

All other records, books and archives which it is hereby agreed shall the property of South Dakota shall remain at the capital of North Dak until demanded by the legislature of the State of South Dakota and until State of North Dakota shall have had a reasonable time after such demand made to provide copies or abstracts or such portions thereof as the said Sten of North Dakota may desire to have copies or abstracts of.

The State of South Dakota may also provide copies or abstracts of s records, books and archives which is agreed shall be the property of Nort Dakota as said State of South Dakota shall desire to have copies or abstracts £ The expense of all copies or abstracts of records, books and archives wh it is herein agreed may be made, shall be borne equally by said two states.

[ARTICLE XXVII.]

[STATE CONTROL OF MANUFACTURE AND SALE OF LIQUOR.]28

28 Article XXVII was proposed by the legislature of 1897 as a new artice ! was ratified at the election of November 8, 1898. By an amendment proposed by 3 legislature of 1899 and ratified at the election of November 6, 1900, this Artieb ** repealed. See Article XXIV. The text of Article XXVII as originally proposed 1897 and ratified in 1898 is as follows:

ARTICLE XXVII. Sec. 1.] The manufacture and sale of intoxicating Bran shall be under exclusive state control and shall be conducted by duly authent agents of the state, who shall be paid by salary and not by commissions. liquors sold shall be first examined by a state chemist and the purity thereof e lished.

ARTICLE XXVIII.

SECTION 1. The several counties of the State shall invest the moneys of the permanent school and endowment funds in bonds of school corporation, state, county and municipal bonds or in first mortgages upon good improved farm lands within their limits respectively; under such regulations as the legisature may provide, but no farm loan shall exceed one thousand dollars to any one person, firm or corporation.29

29 Article XXVIII is a new article: it was proposed by the legislature of 1899 and was ratified at the election of November 6, 1900.

CONSTITUTION OF TENNESSEE-1870.*

PREAMBLE AND DECLARATION OF RIGHTS.

Whereas the people of the territory of the United States south of the River Ohio, having the right of admission into the general government as a menber State thereof, consistent with the Constitution of the United States and the Act of cession of the State of North Carolina. recognizing the ordinance for the government of the territory of the United States northwest of the Ohio River. by their delegates and representatives in convention assembled, did. on the sixth day of February, in the year of our Lord one thousand seven hundred and ninety-six, ordain and establish a Constitution, or form of government, and mutually agreed with each other to form themselves into a free and independent State by the name of the State of Tennessee; and

Whereas the General Assembly of the said State of Tennessee (pursuant to the third section of the tenth Article of the Constitution), by an Act passed on the twenty-seventh day of November, in the year of our Lord one thousand eight hundred and thirty-three, entitled "An Act" to provide for the calling of a convention, passed in obedience to the declared will of the voters of the State, as expressed at the general election of August, in the year of our Lord one thousand eight hundred and thirty-three, did authorize and provide for the election, by the people, of delegates and representatives, to meet at Nashville, in Davidson County, on the third Monday in May, in the year of our Lord one thousand eight hundred and thirty-four. for the purpose of revising and amending, or changing, the Constitution, and said convention did accordingly meet and form a Constitution, which was submitted to the people, and was ratified by them, on the first Friday in March, in the year of our Lord one thousand eight hundred and thirty-five; and

Whereas the General Assembly of the said State of Tennessee, under and in virtue of the first section of the first Article of the Declaration of Rights contained in and forming a part of the existing Constitution of the State. by an Act passed on the fifteenth day of November, in the year of our Lord one thousand eight hundred and sixty-nine, did provide for the calling of a convention by the people of the State, to meet at Nashville, on the second Monday in January, in the year of our Lord one thousand eight hundred and seventy, and for the election of delegates for the purpose of amending or re vising the present Constitution, or forming and making a new Constitution. and

[ocr errors]

Whereas the people of the State, in the mode provided by said Act, have called said convention and elected delegates to represent them therein; now therefore, we, the delegates and representatives of the people of the State of Tennessee, duly elected, and in convention assembled, in pursuance of si! Act of Assembly, have ordained and established the following Constitution and form of government for this State, which we recommend to the people of Tennessee for their ratification-that is to say:

ARTICLE I.

DECLARATION OF RIGHTS.

SECTION 1.

That all power is inherent in the people, and all free govern ments are founded on their authority, and instituted for their peace, safety and happiness; for the advancement of those ends, they have at all times

*The convention which drafted the constitution of Tennessee assembled at Nashville on the second Monday in January, 1870, and adjourned on February 20 1870. The constitution was submitted to the electors on March 26, 1870, and was ratified by a vote of 98,128 to 33,872. The constitution was submitted as a whole and no proposition was submitted separately. The proclamation of the governor declaring the constitution ratified was issued on May 5, 1870. This constitution has neve amended since its adoption.

Top

unalienable and indefeasible right to alter, reform, or abolish the governt in such manner as they may think proper.

SEC. 2. That government being instituted for the common benefit, the rine of non-resistance against arbitrary power and oppression is 'absurd, ish, and destructive of the good and happiness of mankind.

SEC. 3. That all men have a natural and indefeasible right to worship ighty God according to the dictates of their own conscience; that no can, of right, be compelled to attend, erect, or support any place of ship, or to maintain any minister, against his consent; that no human ority can, in any case whatever, control or interfere with the rights of cience; and that no preference shall ever be given, by law, to any reus establishment or mode of worship.

SEC. 4. That no political or religious test, other than an oath to support Constitution of the United States and of this State, shall ever be required qualification to any office or public trust under this State.

SEC. 5. That elections shall be free and equal, and the right of suffrage. ereinafter declared, shall never be denied to any person entitled thereto, pt upon a conviction by a jury of some infamous crime, previously ascered and declared by law, and judgment thereon by court of competent juris

on.

SEC. 6. That the right of trial by jury shall remain inviolate, and no ious or political test shall ever be required as a qualification for jurors. SEC. 7. That the people shall be secure in their persons, houses, papers. possessions, from unreasonable searches and seizures; and that general rants, whereby an officer may be commanded to search suspected places, out evidence of the fact committed, or to seize any person or persons named, whose offenses are not particularly described and supported by ence, are dangerous to liberty, and ought not to be granted.

SEC. 8. That no man shall be taken or imprisoned, or disseized of his hold, liberties, or privileges, or outlawed, or exiled, or in any manner royed or deprived of his life, liberty, or property, but by the judgment is peers or the law of the land.

SEC. 9. That in all criminal prosecutions the accused hath the right to heard by himself and his counsel; to demand the nature and cause of accusation against him, and to have a copy thereof, to meet the witnesses to face, to have compulsory process for obtaining witnesses in his favor. in prosecutions by indictment or presentment, a speedy public trial. by mpartial jury of the county in which the crime shall have been committed, shall not be compelled to give evidence against himself.

SEC. 10. That no person shall, for the same offense, be twice put in ardy of life or limb.

SEC. 11. That laws made for the punishment of acts committed previous he existence of such laws, and by them only declared criminal, are cony to the principles of a free government; wherefore no ex post law shall åde.

SEC. 12. That no conviction shall work corruption of blood or forfeiture state. The estate of such persons as shall destroy their own lives shall end or vest as in case of natural death. If any person be killed by alty, there shall be no forfeiture in consequence thereof.

SEC. 13. That no person arrested and confined in jail shall be treated with ecessary rigor.

SEC. 14. That no person shall be put to answer any criminal charge but ›resentment, indictment, or impeachment.

SEC. 15. That all prisoners shall be bailable by sufficient sureties, unless capital offenses, when the proof is evident, or the presumption great. the privilege of the writ of habeas corpus shall not be suspended, unless n, in case of rebellion or invasion, the General Assembly shall declare public safety requires it.

SEC. 16. That excessive bail shall not be required, nor excessive fines osed, nor cruel and unusual punishments inflicted.

« ПредыдущаяПродолжить »