or thing, shall issue without describing such place, person or thing, nor without probable cause, supported by oath or affirmation.

Art. 18, sec.

10.

SEC. 11. No person, after acquittal upon the merits, shall be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for murder and treason, when the proof is evident or the presumption great.

SEC. 12. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act, or on confession in open court.

SEC. 13. Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusual punishments shall not be inflicted; nor shall witnesses be unreasonably detained.

SEC. 14. No person shall be deprived of life, liberty or property, without due process of law. No person shall be compelled, in any criminal case, to be a witness against himself. But if any person shall elect to make a statement in his own behalf, he shall be subject to cross-examination relative to the matter of such statement. *

SEC. 15. No person shall be imprisoned for debt arising out of or founded on contract, express or implied, except in case of fraud, or breach of trust, or for moneys collected by public officers, or in any professional employment. No person shall be imprisoned for a military fine in time of peace.

SEC. 16. Every person has a right to bear arms for the defense of himself and of the State.

SEC. 17. The military shall [in all cases and at all times] be in strict subordination to the civil power.

SEC. 18. No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.

SEC. 19. The people have the right peaceably to assemble, [together] to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.

SEC. 20. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State.

SEC. 21. Aliens who are, or may hereafter become, bona

* This is the present provision of law on the subject. It has been claimed, however, that the present constitution (sec. 32, art. 6), would protect a prisoner on trial from cross-examination as to the matter of his statement. The clause above would do away with any uncertainty.

fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property, as native born citizens.

SEC. 22. Private property shall not be taken for public use Art. 13, sec. without just compensation.

*

ARTICLE III.

DIVISION OF THE POWERS OF GOVERNMENT.

14.

SECTION 1. The powers of government are divided into Art. 3, sec. three departments: Legislative, Executive, and Judicial.

1.

SEC. 2. No person belonging to one department shall exer- Art. 8, sec. 2. cise [the] power[s] properly belonging to another, except in the cases expressly provided in this constitution.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

SECTION 1. The legislative power is vested in a Senate and The sections House of Representatives.

of this article, to and

section 15,

the corres

tions of the

SEC. 2. The senate shall consist of thirty-two members. including But, after the year one thousand eight hundred and seventy- relate refive, the legislature may increase the number to thirty-three, spectively to by authorizing the election of two senators in that portion of subjects as the State now included within the limits of the thirty-second ponding secsenatorial district. Senators shall be elected for four years, present conand by single districts. At the first election after the adoption stitution. of this amended constitution, senators in the odd-numbered districts shall be elected for two years, and in the even-numbered districts for four years. † Such districts shall be numbered from one to thirty-three inclusive, each of which shall choose one senator. No county shall be divided in the formation of senate districts, unless such county shall be equitably entitled to two or more senators.

SEC. 3. The house of representatives shall consist of not [less than sixty-four nor] more than one hundred and ten members. * Representatives shall be chosen for two years, and

* The remaining provisions of this section of the constitution of 1850 are covered by sections 4 and 5 of article XVII of the revision, which see.

+ By this change every senator will hold his office four years, and sit in the senate two regular sessions, thus securing experience at all times in that body. Under the present constitution the entire senate is chosen every second year.

The present constitution makes the house to "consist of not less than sixty-four, nor more than one hundred members." The number is now fixed by law at one hundred,

by single districts. Each representative district shall contain, as nearly as may be, an equal number of inhabitants, [exclusive of persons of Indian descent, who are not civilized, or are members of any tribe]* and shall consist of convenient and contiguous territory; but every organized county containing a population of not less than four thousand, and every two or more contiguous organized counties, containing a like population, shall constitute a representative district, and be entitled to one representative. In every county entitled to more than one representative, the board of supervisors shall assemble at such time and place as may be provided by law, and divide the same into representative districts, equal to the number of representatives to which such county is entitled by law, and shall cause to be filed in the offices of the secretary of state and clerk of such county, a description of such representative districts, specifying the number of each district, and the population thereof according to the last enumeration.

SEC. 4. The legislature shall provide by law for an enumeration of the inhabitants in the year eighteen hundred and [fifty-four] eighty-four, and every ten years thereafter; and at the first session after each enumeration so made, and also at the first session after each enumeration by the authority of the United States, the legislature shall re-arrange the senate districts, and apportion anew the representatives among the counties and districts, according to the number of inhabitants. But no re-arrangement of senate districts shall vacate the seat of any senator. Each apportionment, and the division into representative districts by any board of supervisors, shall remain unaltered until the return of another enumeration.

SEC. 5. Every senator and representative shall be a citizen of the United States, and a qualified elector of the district he represents. A removal from his district shall be deemed a vacation of his office.

SEC. 6. No person holding any elective State office, except

* The words in brackets are obsolete, as all residents of the State are included under the common term "inhabitants."

The words in italics stand in lieu of the following provisions of the corresponding section and article of the present constitution, which are omitted in the revision, to wit: "But no township or city shall be divided in the formation of a representative district. When any township or city shall contain a population which entitles it to more than one representative, then such township or city shall elect by general ticket the number of representatives to which it is entitled. Each county hereafter organized, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a population equal to a moiety of the ratio of representation.”

that of regent of the university or member of the board of education, and no person holding the office of probate judge, county clerk, register of deeds, county treasurer, sheriff, county superintendent of schools, prosecuting attorney, or any office to which he was appointed by the president of the United States, by and with the advice and consent of the senate, shall be allowed to take or hold a seat in either house of the legislature. *

SEC. 7. Senators and representatives shall not be subject to arrest upon any civil process during the session of the legis lature, or for fifteen days next before the commencement and after the termination of each session. They shall not be questioned in any other place for any speech in either house. †

SEC. 8. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day and compel the attendance of absent members, in such manner and under such penalties as each house may prescribe.

SEC. 9. Each house shall choose its own officers, except as otherwise provided in this constitution; determine the rules of its proceedings, and judge of the qualifications, elections, and returns of its members, and may, with the concurrence of two-thirds of all the members elected, expel a member. The reasons for such expulsion shall be entered upon the journal, with the names of the members voting on the question. No member shall be expelled a second time for the same cause, nor for any cause known to his constituents before his election. SEC. 10. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy. The yeas and nays of the members of either house on any question shall be taken at the request of one-fifth

*There were doubts in the minds of some whether, under the corresponding section of the present constitution, regents of the university and members of the board of education could properly hold seats in the legislature, as there was some question whether the words, or this State," printed in brackets in the section, were properly there. This doubt is removed by the proposed new section. The corresponding section of the present constitution (sec. 6, art. 4) is given in full :

"No person holding any office under the United States, [or this State,] or any county office, except notaries public, officers of the militia, and officers elected by townships, shall be eligible to or have a seat in either house of the legislature, and all votes given for any such person shall be void."

+ The corresponding section of the present constitution, by a manifest inadvertence, exempts members from arrest in all cases, except for treason, felony, or breach of the peace. It also exempts them from any civil process during, and tor fifteen days before and after a session. The new proposed section only exempts them from arrest on civil process, during the time named, leaving them subject to all other legal process.

Art. 4, secs. 13 and 28.

Art. 4, sec.

15

of the members elected. Any member of either house may dissent from and protest against any act, proceeding or resolution which he may deen injurious to any person or the public, and have the reason of his dissent entered on the journal. SEC. 11. In all elections by either house, or in joint convention, the votes shall be given viva voce. All votes on nominations to the senate shall be taken by yeas and nays, and published with the journal of its proceedings.

SEC. 12. The doors of each house shall be open, unless the public welfare require secrecy. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than where the legislature may then be in session.

SEC. 13. Bills may originate in either house, but no bill or new subject of legislation shall be introduced after the expiration of the first fifty days of the session, except on recommendation of the governor by special message.* At extra sessions, legislation shall be confined to the subjects expressly named in the governor's proclamation, and subjects submitted by special message.

SEC. 14. Every bill and joint resolution passed by the legislature, and every concurrent resolution appropriating money or property, shall be presented to the governor, and if he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, which shall enter the objections at large upon its journal, and reconsider it. On such reconsideration, if two-thirds of the members elected agree to pass such bill or resolution, it shall be sent, with the objections, to the other house, by which it shall be reconsidered. If approved by two-thirds of the members elected to that house, it shall become [a law] operative. In such case the vote of both houses shall be determined by yeas and nays, and the names of the members voting for and against it shall be entered on the journals of each house respectively

*This clause is added to guard against serious inconveniences that might arise under the otherwise inflexible fifty days' limitation. There have been cases in which measures of vital importance to the State have been overlooked until after the expiration of fifty days, and the oversight has only been remedied by a questionable resort to the form of some other bill before the legislature, which was taken up and adapted to the purpose.

+ By the corresponding section of the present constitution, only bills and concurrent resolutions require the approval of the governor It would seem that joint resolutions, which frequently have all the force of bills, do not. Under the amended section, as will be seen, all tills and joint resolutions, and all concurrent resolutions appropriating money or property, must be presented to the governor.