ity of the State of Kansas, sealed with the seal thereof, signed by the governor, and countersigned by the secretary of state.

SEC. 13. No member of either house of Congress, or other persons holding office under the authority of this State or of the United States, shall execute the duties of governor, except as herein provided.

SEC. 14. In case of the death, impeachment, resignation, removal, or other disability of the governor, the lieutenant-governor shall exercise the duties of the office of governor until another governor shall be duly qualified or the disability be removed; but in such case another governor shall be chosen at the next annual election for members of the general assembly, unless such death, resignation, impeachment, removal, or other disability, shall occur within three calendar months immediately preceding such next annual election, in which case a governor shall be chosen at the second succeeding annual election for members of the general assembly; and in case of the death, impeachment, resignation, removal, or other disability of the lieutenantgovernor, the president of the senate pro tempore shall exercise the office of governor, until a governor shall be duly qualified as aforesaid.

SEC. 15. The lieutenant-governor shall be president of the senate, but shall vote only when the senate is equally divided, and shall be entitled to the same pay as the speaker of the house of representatives, and in case of his death, resignation, impeachment, removal from office, or when he shall exercise the office of governor, the senate shall choose a president pro tempore.

SEC. 16. Should the office of secretary of state, auditor of state, treasurer of state, or attorney-general, become vacant, for any of the causes specified in the fourteenth and fifteenth sections, the governor shall fill the vacancy or vacancies until the disability is removed or a successor is elected and qualified. Every such vacancy shall be filled by election at the first general election that occurs more than thirty days after such vacancy shall have occurred, and the person chosen shall hold the office for the full term fixed in the second section of this article.

SEC. 17. The officers mentioned in this article shall, at stated times, receive for their services compensation to be fixed by law, which shall neither be increased or diminished during the period for which they shall have been elected.

SEC. 18. The officers of the executive department and of the public State institutions shall, at least ten days preceding each regular session of the general assembly, severally report to the governor, who shall transmit the same to the general assembly. SEC. 19. Every bill which shall have passed both houses shall be presented to the governor. If he approves, he shall sign the same, but if he shall not approve, he shall return it, with his objections, to the house in which it shall have originated, which shall enter the objections at large upon the journal and proceed to reconsider the bill. If, after such reconsideration, a majority of that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which, likewise, it shall be reconsidered, and, if approved by a majority of that house, it shall be a law; but in such case 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 journals 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, it shall be a law, in like manner as if he had signed it, unless the general assembly, by adjournment, prevent its return, in which case it shall not be a law.

ARTICLE VI.
JUDICIAL.

SECTION 1. The judicial power of the State shall be vested in a supreme court, circuit courts, county courts, justices of the peace, and in such other courts inferior to the supreme court as may be established in the manner hereinafter provided. SEC. 2. The supreme court shall consist of three judges, a majority of whom shall form a quorum. It shall hold at least one term in each year, at the seat of government, and such other terms, there or elsewhere, as may be required by law.

SEC. 3. The judges of the supreme court shall be elected by the electors of the State at large, at the first election under this constitution. The term of one of said judges shall be two years, of another four years, of another six years; and at all subsequent elections the term of each of said judges shall be six years.

SEC. 4. The judge having the shortest term to serve, not holding by appointment, shall be chief justice.

SEC. 5. The general assembly shall provide by law for the speedy publication of the decisions of the supreme court.

SEC. 6. There shall be elected by the voters of the State a clerk and a reporter for the supreme court, who shall hold their offices for three years.

SEC. 7. The circuit courts shall each consist of one judge. The State shall be divided into judicial circuits, and a judge for each circuit shall be elected by the voters thereof. He shall, while in office, reside in the circuit for which he is chosen, and his term of office shall be three years.

SEC. 8. Until otherwise provided by law, there shall be five judicial circuits, as follows: The first, comprising the counties of Leavenworth, Jefferson, Atchinson, and Brown; the second, the counties of Calhoun, Nemaha, Pottawatomie, Marshall, Riley, Washington, and Clay; the third, the counties of Shawnee, Douglas, Johnson, Lykins, Franklin, and Weller; the fourth, the counties of Linn, Bourbon, Coffey, Anderson, Allen, Woodson, Dorr, and McGee; the fifth, the counties of Richardson, Breckenridge, Madison, Greenwood, Godfrey, Hunter, Butler, Wise, Davis, and Dixson.

SEC. 9. The general assembly may provide by law that the judge of one circuit may hold the courts of another circuit in case of necessity or convenience.

SEC. 10. The county courts shall each consist of one judge, who shall be elected by the voters of each county, who shall reside in the county, and his term of office shall be two years.

SEC. 11. A sufficient number of justices of the peace shall be elected by the voters of each township of the several counties. Their term of office shall be two years. SEC. 12. All judges, other than those hereinbefore provided for, shall be elected by the electors of the judicial district over which their jurisdiction may extend, but not for a term of office longer than six years.

SEC. 13. The jurisdiction of the supreme court, the circuit courts, the county courts, the justices of the peace, and such other courts as may be created, shall be fixed by law; and the judges of the courts shall, respectively, have and exercise such power and jurisdiction at chambers as may be provided by law.

SEC. 14. Judges may be removed from office by concurrent resolution of both houses of the general assembly, if two-thirds of the members elected to each house concur therein; but no such removal shall be made, except upon complaint, the substance of which shall be entered upon the journal, nor until the party charged shall have notice thereof and an opportunity to be heard.

SEC. 15. In case the office of any judge shall become vacant before the expiration of the term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor shall be elected for the residue of the unexpired term, at the first annual election that occurs more than thirty days after such vacancy shall have happened.

SEC. 16. The compensation of the judges of the supreme court and the circuit courts shall not be increased or diminished during their term of office, and they shall receive no fees or perquisites, nor hold any office of profit and trust under the State other than a judicial office.

SEC. 17. The general assembly may at any time increase the number of the judges. of the supreme court, may increase or diminish the number of the judicial circuits, or change the circuits, or may establish other courts by a law passed by two-thirds of the members elected to each house; but no such change, addition, or diminution shall vacate the office of any judge.

SEC. 18. There shall be elected in each county, by the electors thereof, one clerk of the courts, who shall hold his office for the term of two years, and until his successor

shall be elected and qualified.

He shall be clerk of the county court and the circuit

court in the county in which he is chosen.

SEC. 19. There shall be elected in cach county, by the voters thereof, one county attorney, who shall hold his office for the term of two years, and until his successor shall be elected and qualified.

SEC. 20. The duties, compensation, fees, and perquisites of the officers provided for in this article shall be fixed by law.

SEC. 21. The style of all process shall be "The State of Kansas." All prosecu tions shall be carried on in the name and by the authority of the State of Kansas," and all indictments shall conclude "against the peace and dignity of the State of Kansas."

ARTICLE VII.

EDUCATION.

SECTION 1. The stability and perpetuity of free republican institutions depend upon the intelligence and virtue of the people; therefore, it is declared to be the duty of the State to establish by law, at the earliest possible period, a uniform system of free schools, in which every child in the State shall be entitled to receive a good commonschool education at the public expense.

SEC. 2. The principal of all school-funds, from whatever source, shall be the common property of the State, and may be increased, but shall forever be preserved inviolate and undiminished.

SEC. 3. The income of the school-fund shall be devoted exclusively to the support of schools, and, together with any funds raised in any other manner for school purposes, shall be distributed through the county or township treasurer to the several school districts, in some equitable proportion, to the number of children and youth resident therein between the ages of five and twenty-one years.

SEC. 4. The school-lands shall never be sold until such sale is authorized by a free and fair vote of the people of Kansas, but, subject to valuation every three years, may be leased at a per centum established by law.

SEC. 5. No religious sect or sects shall ever have any right to, or control of, any part of the school-funds of this State.

SEC. 6. The general assembly shall make such provision, by taxation or otherwise, as, with the income arising from the school-fund, will secure throughout the State the maintenance of a thorough and uniform system of common schools, which shall be kept up and supported in each district at least four months in each year, and shall be open and free to every child in the State between the ages of five and twenty-one years.

SEC. 7. As the means of the State will admit, educational institutions of a higher grade shall be established by law, so as to form a complete system of public instruction, embracing the primary, normal, preparatory, collegiate, and university depart

ments.

SEC. 8. At the first election of State officers, and biennially thereafter, the people shall elect a superintendent of public instruction, whose duties and compensation shall be prescribed by law.

SEC. 9. At the first election of State officers, and biennially thereafter, there shall be elected by the people a commissioner of school-funds, who shall have the charge of the school-lands and the principal of the school-fund, whose duties and compensation shall be prescribed by law.

ARTICLE VIII.

'PUBLIC INSTITUTIONS.

SECTION 1. It shall be the duty of the general assembly, at as early a date as possible, to provide State asylums for the benefit, treatment, and instruction of the blind, deaf and dumb, and insane.

SEC. 2. The general assembly shall make provision for the establishment of an asylum for idiots, to be regulated by law.

SEC. 3. The general assembly shall make provision for the establishment of houses of refuge, for the correction, reform, and instruction of juvenile offenders.

SEC. 4. It shall be the duty of the general assembly to make provision, as soon as possible, for a State hospital and a State penitentiary: Provided, That not more than one of the aforesaid institutions shall be located in any county of this State, the location to be determined by a vote of the electors at large at any general election, and that the directors and superintendents of the same shall be elected by the people.

SEC. 5. The respective counties of the State shall provide in some suitable manner for those inhabitants who, by reason of age, infirmity, or other misfortune, may have claims upon the sympathy and aid of society, under provision to be made by the laws of the general assembly.

ARTICLE IX.

MILITIA.

SECTION 1. The governor shall be the commander-in-chief of the military forces of the State, excepting when these forces shall be actually in the service of the United States, and shall have power to call out any part or the whole of said military forces to aid in the execution of the laws, to suppress insurrection, and to repel invasion.

SEC. 2. All male citizens of this State between the ages of eighteen and forty-five years, excepting those who are conscientiously opposed to bearing arms and such others as may be by law exempted, shall be enrolled in the militia, and held to perform such military duty as by law may be required.

SEC. 3. The general assembly shall provide by law for organizing and disciplining the militia in such manner as it shall deem expedient.

ARTICLE X.

PUBLIC DEBT.

SECTION 1. No money shall be paid out of the treasury, except in pursuance of an appropriation by law.

SEC. 2. The credit of the State shall never be given or loaned in aid of any individual, association, or corporation.

SEC. 3. For the purpose of defraying extraordinary expenditures, the State may contract public debts; but such debts shall never, in the aggregate, exceed one hundred thousand dollars, unless authorized by a direct vote of the people at a general election. Every such debt shall be authorized by law, and every such law shall provide for the payment of the annual interest of such debt, and the principal within ten years from the passage of such law; and such appropriation shall not be repealed until the principal and interest shall have been wholly paid.

SEC. 4. The legislature may also borrow money to repel invasion, suppress insurrection, or defend the State in time of war; but the money thus raised shall be applied exclusively to the object for which the loan was authorized or repayment of the debt thereby created.

SEC. 5. No scrip, certificate, or other evidence of State debt whatever shall be issued, except for such debts as are authorized by the third and fourth sections of this article.

ARTICLE XI.

FINANCE AND TAXATION.

SECTION 1. The levying of taxes by the poll is grievous and oppressive; therefore the general assembly shall never levy a poll-tax for county or State purposes.

SEC. 2. Laws shall be passed taxing, by a uniform rule, all real and personal prop

erty, according to its true value in money; but burying-grounds, school-houses, and other property used exclusively for educational purposes, houses used exclusively for public worship, not exceeding fifty thousand dollars in value, institutions of public charity, public and municipal property used exclusively for public and municipal purposes, and personal property to an amount not exceeding in value two hundred dollars for each head of a family, may, by general laws, be exempted from taxation; but all such laws shall be subject to alteration or repeal, and the value of all such property so exempted shall, from time to time, be ascertained and published as ma be directed by law.

SEC. 3. The general assembly shall provide for raising revenue sufficient to defray the expenses. of the State for each year; and also a sufficient sum to pay the interest and such part of the principal of a State debt, if any such debt shall accrue, as may be directed by law.

SEC. 4. No tax shall be levied except in pursuance of law; and every law imposing a tax shall state distinctly the object of the same, to which only it shall be applied. SEC. 5. The State shall never contract any debt for purposes of internal improve

ments.

SEC. 6. In the passage in either house of the general assembly of any law which imposes, continues, or renews a tax, or makes, continues, or renews an appropriation of public or trust moneys, or to release, discharge, or commute a claim or demand of the State, the vote shall be taken by yeas and nays, which shall be duly entered on the journal; and three-fifths of all the members elected to such house shall, in all such cases, be requisite to constitute a quorum.

ARTICLE XII.

COUNTIES AND COUNTY AND TOWNSHIP OFFICERS.

SECTION 1. The general assembly shall provide by law for submitting to the people of each county, at an annual election, the question of the location of county-seats; and the general assembly may change the lines of counties, but shall, by law, submit such proposed alterations to the electors of the county or counties affected thereby at a general election; said alterations to be made to township-lines as far as practicable.

SEC. 2. The general assembly shall provide by law for the creation and election of county, city, town, and township officers.

SEC. 3. All officers whose election or appointment is not provided for by this constitution shall be elected by the people, or appointed as the general assembly may by law direct.

SEC. 4. Provision shall be made by law for the removal, for misconduct or malversation in office, of all officers whose powers and duties are not local or legislative, and who shall be elected at general elections, and also for supplying vacancies created by such removal.

SEC. 5. The legislature may declare the cases in which any office shall be deemed vacant, where no provision is made for that purpose in this constitution.

ARTICLE XIII.

ELECTIONS.

SECTION 1. All elections shall be free and equal.

SEC. 2. Electors shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from them.

SEC. 3. All elections by the people shall be by ballot, and all elections by the general assembly, or by either branch thereof, shall be viva voce.

SEC. 4. All general elections shall be held on the Tuesday next succeeding the first Monday in November of each year.