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Returns of elections for members of Congress, the general assembly, and all other officers not otherwise provided for, shall be made to the secretary of state, in such manner as may be prescribed by law.
CORPORATIONS. SECTION 1. Corporations may be created under general laws, but shall not be created by special acts, except for municipal purposes. All general laws and special acts authorizing or creating corporations may be altered from time to time or repealed.
SEC. 2. Dues from corporations shall be secured by such individual liability of the stockholders and other means as shall be prescribed by law, and each stockholder of a corporation or joint-stock association, except corporations for charitable purposes and railroad corporations, shall be individually liable over and above the stock by him or her owned, and any amount unpaid thereon, to a further sum at least equal in amount to such stuck.
SEC. 3. The property of corporations, except for charitable and religious purposes, now existing and to be hereaster created, shall be subject to taxation the same as the property of individuals.
Sec. 4. All real estate or other property of religious corporations shall vest in trustees, whose election shall be by the members of such corporation.
Sec. 5. The general assembly shall provide for the organization of cities and villages by general laws, and restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent the abuse of such power.
Sec. 6. The term corporations, as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships; and all corporations shall have the right to sue, and shall be subject to be sued, in all courts the same as natural persons.
JURISPRUDENCE. SECTION 1. The general assembly, at its first session under this constitution, shall constitute a commission, to consist of three persons not members of the senate or house of representatives, whose duty it shall be to revise, reform, simplify, and abridge the rules of practice, pleading, and proceeding in the courts of record of this State, abolishing the forms of action known to the common law, and distinctions as to form between proceedings at law and in equity.
Sec. 2. The proceedings of the commissioners shall be reported to and be subject to the action of the general assembly.
SEC. 3. All the proceedings of the courts of this state shall be instituted and conducted in the English language, avoiding, as far as practicable, the use of technical terms.
MISCELLANEOUS. SECTION 1. No person shall be taken, imprisoned, or disseized of his freehold, outlawed, exiled, or in any manner deprived of his life, liberty, or property, but by the judgment of his peers and the law of the land.
SEC. 2. The printing of the laws and journals, bills, legislative documents, and papers for each branch of the general assembly, and all printing for the executive and other departments of State, shall be let to the lowest responsible bidder by such officers, and in such manner as shall be prescribed by law.
SEC. 3. The general assembly shall provide by law for the protection of the rights of women, married and single, in the acquiring and possessing of property, real, personal, and mixed, separate and apart from the husband or other person; and shall also provide for the equal rights of women in the protection, with the husband, of their children during their minority; also shall provide for the securing of a homestead, which, without the consent of the wife, she cannot be divested of.
Sec. 4. No person shall be elected or appointed to any office in this State unless he possesses the qualifications of an elector at the time of his election or appoint
SEC. 5. There shall be established, in the secretary of state's office, a bureau of statistics and agriculture, under such regulations as may be prescribed by law, and provision shall be made by the general assembly for the organization and encouragement of State and county agricultural associations.
Sec. 6. Lotteries, gift-enterprises, and the sale of lottery and gift.enterprise tickets, for any purpose whatever, shall be forever prohibited in the State.
SEC. 7. A homestead of one hundred and sixty acres of land, or in lieu thereof a house and lot, or other property not exceeding in value two thousand dollars, belonging to any one family, shail by law be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife in cases where that relation exists; but no property shall be exempt from sale for taxes or for the payment of obligations contracted for its purchase.
SEC. 8. This State shall have jurisdiction concurrent with the State of Missouri on the Missouri River, so far as the said river may be the common boundary of the two States.
SEC. 9. For the purpose of preserving the public health, shall have power to pass general sanitary laws.
SEC. IC. No lease or grant of agricultural land for a longer period than twelve years, hereafter to be made, in which shall be reserved any rent or service of any kind, shall be valid; and all fines, quarter sales, or other like restraints upon transfer, reserved in any lease of land, hereafter to be made, shall be void: Provided, That this article shall in nowise interfere with the disposition of the school-lands of the State.
Sec. 11. In all cases where it shall be necessary to sell any of the lands granted by Congress, said sales shall not be made without one year's notice, through publication in the county or counties where the lands lie, and an advertisement in two or more central newspapers of the State, and there shall be a valuation of said lands by disinterested persons, and no lands shall be sold at a less price than the valuation.
BANKS AND CURRENCY.
SECTION 1. No bank shall be established otherwise than under a general bankinglaw.
SEC. 2. If the general assembly shall enact a general banking-law, such law shall provide for the registry and countersigning, by the auditor of the State, of all banknotes or paper-credits designed to be circulated as money.
Sec. 3. It shall be further provided that such bank-notes or paper-credits shall be amply secured by the deposit, with the proper officer of state, of bonds of interestpaying States or the United States.
SEC. 4. All bills or notes issued as money shall be at all times redeemable in gold or silver.
SEC. 5. Holders of bank-notes shall be entitled, in case of insolvency, to preference of specie payment over all other creditors.
SEC. 6. The State shall not be a stockholder in any bank or banking institution.
Sec. 7. All banks shall be required to keep officers and proper offices, for the issue and redemption of their paper, at some convenient point within the State.
Sec. 8. Any general banking-law passed by the general assembly of this State may at any time be altered, amended, or repealed.
SEC. 9. No general banking-law shall have any force or effect until the same shall have been submitted to a vote of the electors of the State, at some general election, and have been approved by a majority of all the votes given on that subject at such election.
AMENDMENTS. Propositions for the amendment of this constitution may be made by either branch of the general assembly; and if three-fifths of all the members elected to each house shall concur therein, such proposed amendments shall be entered on the journals, with the yeas and nays; and the secretary of state shall cause the same to be published in at least one newspaper in each county of the State where a newspaper is published for three months preceding the next election for senators and representatives, at which time the same shall be submitted to the electors for their approval or rejection; and if a majority of the electors voting on said amendments at said election shall adopt such amendments, the same shall become a part of the constitution. When more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately.
SEC. 2. Whenever three-fifths of the members elected to each branch of the general assembly shall think it necessary to call a convention to revise, amend, or change this constitution, they shall recommend to the electors to vote at the next election of members of the general assembly for or against a convention; and if a majority of the electors voting on said amendments at said election shall adopt such amendments, the same shall become a part of the constitution. When more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately.
Sec. 3. Whenever three-fifths of the members elected to each branch of the general assembly shall think it necessary to call a convention to revise, amend, or change this constitution, they shall recommend to the electors to vote at the next election of members of the general assembly for or against a convention; and if a majority of all the electors voting at said election shall have voted for a convention, the general assembly shall, at its next regular session, provide by law for calling the same. The convention shall consist of as many members as the house of representatives, and shall be chosen in the same manner, and shall meet within three months after their election at the capital of the State, for the purpose aforesaid.
Sec. 4. At the general election to be held in the year one thousand eight hundred and sixty-three, and in each tenth year thereafter, the question, “Shall there be a convention to revise, alter, or amend the constitution ?" shall be submitted to the electors of the State; and in case a majority of the electors voting at said election shall decide in favor of a convention, the general assembly, at its next regular session, shall provide by law for the clection of delegates and the assembling of such convention, as provided in the preceding section ; but no amendment or revision of this constitution, agreed upon by any convention in pursuance of this article, shall take effect until the same shall have been submitted to the electors of the State, and adopted by a majority of those voting thereon.
SECTION 1. In order that no inconvenience may arise from the change from a territorial to a State government, it is declared that no existing rights, suits, prosecutions, (except for political offences,) claims, or contracts, shall be affected by a change in the form of government, except as otherwise declared in this constitution. But no debt of the Territory shall be assumed by the State, except by a law passed by a vote of two-thirds of each branch of the general assembly.
Sec. 2. This constitution shall be submitted to a vote of the people, for approval or rejection, on the third Tuesday of May, one thousand eight hundred and fifty-eight. The vote shall be by ballot, and those in favor of the constitution shall write or print on their ballots the words “ For the constitution,” and those opposed to the constitution shall write or print upon their ballots the words “Against the constitution.” Said election shall be conducted according to the provisions of section thirteen of an act of the legislature of the Territory of Kansas, passed February —, one thousand eight hundred and fifty-eight, entitled “An act to provide for the election of delegates to a convention to frame a State constitution.
SEC. 3. At the same time and place, and under the provisions of the section aforesaid, an election shall be held for members of the general assembly, for State officers, for judges, and for members of Congress to represent the State of Kansas in the Thirty-fifth Congress of the United States.
Sec. 4. If this constitution, upon being submitted to the people, shall be approved by a majority of the legal votes cast thereon, a copy of the same, certified by the president and secretary of the convention, together with the memorial framed by the convention, asking admission into the Union, and a certified statement of the vote on the ratification thereof, shall be transmitted as soon as practicable by the governor, president of the council, and speaker of the house of representatives of the Territory of Kansas, or any two of them, to the President and Congress of the United States.
Sec. 5. Provided this constitution shall be ratified by the people, then, upon the admission of Kansas into the Union as a State, this constitution shall be in full force, the State officers shall immediately enter upon the performance of their duties, and the governor shall immediately, by proclamation, convene the general assembly.
SEC. 6. The members of the first general assembly shall hold their offices until and including December 31, one thousand eight hundred and fifty-nine.
SEC. 7. The State officers and supreme and district judges first elected under the constitution shall hold their respective offices for the same length of time as though their term of office commenced on January 1, one thousand eight hundred and fiftynine.
Sec. 8. The governor is authorized to adopt a seal, to be the seal of the State of Kansas, until otherwise provided for by law.
SEC. 9. Until otherwise provided for by law, the State shall be divided into senatorial districts, and senators appointed to them as follows: The first district shall consist of Leavenworth County, and shall be entitled to three senators; the second district shall consist of Atchison County, and shall be entitled to one senator; the third district shall consist of Doniphan County, and shall be entitled to two senators; the fourth district shall consist of Jefferson County, and be entitled to one senator; the fifth district shall consist of the counties of Brown and Calhoun, and shall be entitled to one senator; the sixth district shall consist of the counties of Nemaha, Marshall, and Washington, and shall be entitled to one senator; the seventh district shall consist of the counties of Pottawatomie and Richardson, and shall be entitled to one senator; the eighth district shall consist of the counties of Riley, Clay, Dickson, Arapahoe, and all the western part of Kansas not otherwise attached, and shall be entitled to one senator; the ninth district shall consist of the counties of Breckenridge, Wise, and Davis, and shall be entitled to one senator; the tenth district shall consist of the counties of Shawnee and Weller, and shall be entitled to two senators; the eleventh district shall consist of the counties of Butler, Hunter, Woodson, Greenwood, Madison, Godfrey, and Wilson, and shall be entitled to one senator; the twelfth district shall consist of the county of Coffey, and shall be entitled to one senator; the thirteenth district shall consist of the county of Douglas, and shall be entitled to two senators; the fourteenth district shall consist of the county of Johnson, and be entitled to one senator; the fifteenth district shall consist of the county of Lykins, and be entitled to one senator; the sixteenth district shall consist of the county of Franklin, and be entitled to one senator; the seventeenth district shall consist of the county of Anderson, and be entitled to one senator; the eighteenth district shall consist of the county of Linn, and shall be entitled to one senator; the nineteenth
district shall consist of the county of Bourbon, and shall be entitled to one senator; the twentieth district shall consist of the counties of Allen, Dorn, and McGee, and shall be entitled to one senator.
Sec. 10. The State shall be divided into representative districts, and members apportioned thereto as follows: First district, Leavenworth County, ten members; second, Atchison, three; third, Doniphan, five; fourth, Jefferson, three; fifth, Brown, two; sixth, Nemaha, two; seventh, Pottawatomie, two; eighth, Calhoun, one; ninth, Marshall and Washington, one; tenth, Riley, three; eleventh, Clay and Dickinson, one; twelfth, Davis, one; thirteenth, Wise, one; fourteenth, Butler and Hunter, one; fifteenth, Richardson, one; sixteenth, Breckenridge, two; seventeenth, Madison, one; eighteenth, Greenwood, one; nineteenth, Woodson, one; twentieth, Coffey, two; twenty-first, Weller, one; twenty-second, Shawnee, four; twenty-third, Douglas, seven; twenty-fourth, Johnson, three; twenty-fifth, Lykins, three; twenty-sixth, Linn, three; twenty-seventh, Franklin, two; twenty-eighth, Anderson, two; twentyninth, Allen, one; thirtieth, Bourbon, three; thirty-first, McGee, Dorn, Wilson, and Godfrey, one; district number thirty-two, to consist of all the western part of Kansas not otherwise attached, including the county of Arapahoe, one 'member.
SEC. 11. The general assembly, at its first session, shall provide for receiving proposals for the location of the seat of government, and shall publish such proposals, and also a plan for the purchase of a site by the State, and submit them to a full and fair vote of the people at the first general election after such session; and if no proposal or plan submitted shall receive a majority of all the votes cast, then they shall be submitted at each subsequent and general election until such choice shall be made; and when a proposal or plan shall be adopted, the legislature shall provide for the location at the place or in the manner designated, and for the application of the profits which may accrue to the State therefrom, to the support of the benevolent institutions of the State; and when the seat of government shall have been thus located, it shall not be changed but by a law ratified by a direct vote of the people; and until the selection provided for in this section shall be made, Topeka shall be the seat of government.
SEC. 12. The first general assembly shall provide by law for the submission of the question of universal suffrage to a vote of the people at the first general election of the members of the general assembly: Provided, That the qualifications of voters the election shall be the same as at the vote on the submission of the constitution.
I hereby certify that the above is a correct copy of the constitution adopted by the convention at Leavenworth, April 3, 1858, from the original draft now in my possession.
M. F. CONWAY, President. Attest:
SAM'L F. TAPPAN, JR., Secretary.
CONSTITUTION OF KANSAS-1859.*
Whereas the Government of the United States is the proprietor of a large portion of the lands included in the limits of the State of Kansas as defined by this constitution; and whereas the State of Kansas will possess the right to tax said lands for purposes of government, and for other purposes: Now, therefore, be it ordained by the people of Kansas that the right of the State of Kansas to tax such lands is relinquished forever, and the State of Kansas will not interfere with the title of the United
This constitution was adopted at a convention which met at Wyandotte July 5, 1859, and completed its labors July 29, 1859. It was submitted to the people of Kansas October 4, 1859, and ratified, receiving 10,421 votes against 5,530 votes.