KANSAS COLLECTION BOOKS

William G. Cutler's History of the State of Kansas


ERA OF PEACE, PART 39

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CONSTITUTION OF THE STATE OF KANSAS, CONT'D.

ARTICLE XIV. - AMENDMENTS.

SECTION 1. Propositions for the amendment of the Constitution may be made by either branch of the Legislature; and if two-thirds of all the members elected to each House shall concur therein, such proposed amendments, together with the yeas and nays, shall be entered on the journal, 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 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 the 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; and not more than three propositions to amend shall be submitted at the same election.

SEC. 2. Whenever two-thirds of the members elected to each branch of the Legislature 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 to the Legislature for or against a Convention; and if a majority of all the electors voting at such election shall have voted for a Convention, the Legislature shall, at the next session, provide for calling the same.

ARTICLE XV. - MISCELLANEOUS.

SECTION 1. All officers whose election or appointment is not otherwise provided for, shall be chosen or appointed as may be prescribed by law.

SEC. 2. The tenure of any office not herein provided for may be declared by law; when not so declared, such office shall be held during the pleasure of the authority making the appointment; but the Legislature shall not create any office the tenure of which shall be longer than four years.

SEC. 3. Lotteries and the sale of lottery tickets are forever prohibited.

SEC. 4. All public printing shall be let, on contract to the lowest responsible bidder, by such executive officers and in such manner as shall be prescribed by law.

SEC. 5. An accurate and detailed statement of the receipts and expenditures of the public moneys, and the several amounts paid, to whom, and on what account, shall be published, as prescribed by law.

SEC. 6. The Legislature shall provide for the protection of the rights of women, in acquiring and possessing property, real, personal and mixed, separate and apart from the husband, and shall also provide for their equal rights in the possession of their children.

SEC. 7. The Legislature may reduce the salaries of officers who shall neglect the performance of any legal duty.

SEC. 8. The temporay (sic) seat of government is hereby located at the city of Topeka, county of Shawnee. The first Legislature under this Constitution shall provide by law for submitting the question of the permanent location of the capital to a popular vote, and a majority of all the votes cast at some general election shall be necessary for such location.

SEC. 9. A homestead, to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon: Provided, the provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife.

SCHEDULE.

SECTION 1. That no inconvenience may arise from the change from a Territorial government to a permanent State government, it is declared by this Constitution that all suits, rights, actions, prosecutions, recognizances, contracts, judgments and claims, both as respects individuals and bodies corporate shall continue as if no change had taken place.

SEC. 2. All fines, penalties and forfeitures, owing to the Territory of Kansas, or any county, shall inure to the use of the State or County, all bonds executed to the Territory, or any officer thereof, in his official capacity, shall pass over to the Governor or other officer of the State or county, and their successors in office, for the use of the State or county, or by him or them to be respectively assigned over to the use of those concerned as the case may be.

SEC. 3. The Governor, Secretary and Judges, and all other officers, both civil and military, under the Territorial government, shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this Constitution.

SEC. 4. All laws and parts of laws in force in the Territory, at the time of the acceptance of this Constitution by Congress, not inconsistent with this Constitution, shall continue and remain in full force until they expire or shall be repealed.

SEC. 5. The Governor shall use his private seal until a State seal is provided.

SEC. 6. The Governor, Secretary of State, Auditor of State, Treasurer of State, Attorney General and Superintendent of Public Instruction, shall keep their respective office at the seat of government.

SEC. 7. All records, documents, books, papers, moneys and vouchers belonging and pertaining to the several Territorial courts and offices, and to the several districts and county offices, at the date of the admission of this State into the Union, shall be disposed of in such manner as may be prescribed by law.

SEC. 8. All suits, pleas, plaints and other proceedings pending in any court of record, or Justice's court, may be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari, injunctions or other proceedings whatever, may progress and be carried on as if this Constitution had not been adopted; and the Legislature shall direct the mode in which such suits, pleas, plaints, prosecutions and other proceedings, and all papers, records, books and documents connected therewith, may be removed to the courts established by this Constitution.

SEC. 9. For the purpose of taking the vote of the electors of this Territory, for the ratification or rejection of this Constitution, an election shall be held in the several voting precincts of this Territory, on the first Tuesday in October, A. D. 1859.

SEC. 10. Each elector shall express his assent or dissent by voting a written or printed ballot, labeled, "For the Constitution," or "Against the Constitution."

SEC. 11. If a majority of all the votes case at such election shall be in favor of the Constitution, then there shall be an election held in the several voting precincts on the first Tuesday in December, A. D. 1859, for the election of members of the first Legislature, of all State, district and county officers provided for in this Constitution, and for a Representative in Congress.

SEC. 12. All persons having the qualifications of electors, according to the provisions of this Constitution, at the date of each of said elections, and who shall have been duly registered according to the provisions of the registry law of this Territory, and none others, shall be entitled to vote at each of said elections.

SEC. 13. The persons who may be judges of the several voting precincts of this Territory, at the date of the respective elections in this schedule provided for, shall be the judges of the respective elections herein provided for.

SEC. 14. The said judges of election, before entering on the duties of their office, shall take and subscribe an oath, faithfully to discharge their duties as such. They shall appoint two clerks of election, who shall be sworn by one of said judges, faithfully to discharge their duties as such. In the event of a vacancy in the board of judges, the same shall be filled by the electors present.

SEC. 15. At each of the elections provided for in this schedule, the polls shall opened between the hours of nine and ten o'clock A. M., and closed at sunset.

SEC. 16. The tribunals transacting county business of the several counties shall cause to be furnished to the board of judges, in their respective counties, two poll books for each election herein provided for, upon which the clerks shall inscribe the name of every person who may vote at the said elections.

SEC. 17. After closing the polls at each of the elections provided for in this schedule, the Judges shall proceed to count the votes cast, and designate the persons or objects for which they were cast, and shall make two correct tally lists of the same.

SEC. 18. Each of the boards of judges shall safely keep one poll book and tally list, and the ballots cast at each election, and shall, within ten days after such election, cause the other poll book and tally list to be transmitted, by the hands of a sworn officer, to the clerk of the board transacting county business in their respective counties, or to which the county may be attached for municipal purposes.

SEC. 19. The tribunals transacting county business shall assemble at the county seats of their respective counties, on the second Tuesday after each of the elections provided for in this schedule, and shall canvass the votes cast at the elections held in the several precincts in their respective counties, and of the counties attached for municipal purposes. They shall hold in safe keeping the poll books and tally list of said elections; and shall within ten days thereafter, transmit, by the hands of a sworn officer, to the President of this convention, at the city of Topeka, a certified transcript of the same, showing the number of respective counties, and in the counties attached for municipal purposes, separately.

SEC. 20. The Governor of the Territory, and the President and Secretary of this Convention, shall constitute a Board of State Canvassers, any two of whom shall be a quorum, and who shall, on the fourth Monday after each of the elections provided for in this schedule, assemble at said city of Topeka, and proceed to open and canvass the votes cast at the several precincts in the different counties of the Territory, and declare the result; and shall immediately issue certificates of election to all persons (if any) thus elected.

SEC. 21. Said board of State Canvassers shall issue their proclamation, not less than twenty days next preceding each of the elections provided for in this schedule. Said proclamation shall contain an announcement of the several elections; the qualifications of electors; the manner of conducting said elections and of making the returns thereof, as in this Constitution provided; and shall publish said proclamation in one newspaper in each of the counties of the Territory in which a newspaper may be then published.

SEC. 22. The Board of State Canvassers shall provide for the transmission of authenticated copies of the Constitution to the President of the United States, the President of the Senate and Speaker of the House of Representatives.

SEC. 23. Upon official information having been by him received of the admission of Kansas into the Union as a State, it shall be the duty of the Governor elect under the Constitution to proclaim the same, and to convene the Legislature, and do all things else necessary to the complete and active organization of the State government.

SEC. 24. The first Legislature shall have no power to make any changes in county lines.

SEC. 25. At the election to be held for the ratification or rejection of this Constitution, each elector shall be permitted to vote on the homestead provision contained in the article on "Miscellaneous" by depositing a ballot inscribed, "For the Homestead," or "Against the Homestead," and if a majority of all the votes cast at said election shall be against said provision, then it shall be stricken from the Constitution.

RESOLUTIONS.

Resolved, That the Congress of the United States is hereby requested, upon the application of Kansas for admission into the Union, to pass an act granting to the State forty-five hundred thousand acres of land to aid in the construction of railroads and other internal improvements.

Resolved, That Congress be further requested to pass an act appropriating fifty thousand acres of land for the improvement of the Kansas River from its mouth to Fort Riley.

Resolved, That Congress be further requested to pass an act granting all swamp lands within the State for the benefit of common schools.

Resolved, That Congress be further requested to pass an act appropriating five hundred thousand dollars, or, in lieu thereof, five hundred thousand acres of land, for the payment of the claims awarded to citizens of Kansas by the Claim Commissioners appointed by the Governor and Legislature of Kansas, under an act of the Territorial Legislature, passed February 7, 1859.

Resolved, That the Legislature shall make provision for the sale or disposal of the lands granted to the State in aid of internal improvements and for other purposes, subject to the same rights of pre-emption to the settlers thereon as are now allowed by law to settlers of public lands.

Resolved, That it is the desire of the people of Kansas to be admitted into the Union with this Constitution.

Resolved, That Congress be further requested to assume the debt of this Territory.

Done in Convention at Wyandotte, this 29th day of July, A. D. 1859
JAMES M. WINCHELL, President of the Kansas Constitutional Convention, and Delegate from Osage County.
JOHN A. MARTIN, Secretary.
Robert Graham, John James Ingalls, Caleb May, J. A. Middleton, S. D. Houston, Luther R. Palmer, John Taylor Burris, John P. Greer, John Ritchie, H. D. Preston, Benjamin F. Simpson, James M. Arthur, Josiah Lamb, William McCulloch, James G. Blunt, J. C. Burnett, William R. Griffith, Samuel A. Kingman, Robert J. Porter, James Blood, S. O. Thacher, Edwin Stokes, P. H. Townsend, William Hutchinson, M. C. Blood, Edmund G. Ross, James Hanway, Allen Crocker, Samuel E. Hoffman, James A. Signor, George H. Lillie, R. L. Williams, W. P. Dutton.

AMENDMENTS.

Section 2 of ARTICLE 2 (LEGISLATIVE).

The number of Representatives and Senators shall be regulated by law, but shall never exceed one hundred and twenty-five Representatives and forty Senators. From and after the adoption of the amendment, the House of Representatives shall admit one member from each county in which at least two hundred and fifty legal votes were cast at the next preceding general election; and each organized county in which less than two hundred legal votes were cast at the next preceding general election, shall be attached to and constitute a part of the representative district of the county lying next adjacent to it on the east.

(Submitted by the Legislature at the session of 1873, and adopted by the people at the general election held November 4, 1873.)

SECTION 12, ARTICLE 2 (LEGISLATIVE).

Bills may originate in either House, but may be amended or rejected by the other.

(Submitted by the Legislature at the session of 1864, and adopted by the people at the general election held November 8, 1864.)

SECTION 24, ARTICLE 2 (LEGISLATIVE).

No money shall be drawn from the treasury except in pursuance of a specific appropriation made by law; and no appropriation shall be for a longer term than one year.

(Submitted by the Legislature at the session of 1876, and adopted by the people at the general election held November 7, 1876.)

SECTION 25, ARTICLE 2 (LEGISLATIVE).

All sessions of the Legislature shall be held at the State Capital, and beginning with the session of eighteen hundred and seventy-seven, all regular sessions shall be held once in two years, commencing on the second Tuesday of January of each alternate year thereafter.

(Submitted by the Legislature at the session of 1875, and adopted by the people at the general election held November 2, 1875.)

SECTION 29, ARTICLE 2 (LEGISLATIVE).

At the general election held in eighteen hundred and seventy-six, and thereafter, members of the House of Representatives shall be elected for two years, and members of the Senate shall be elected for four years.

(This section is an additional section to Article 2; it was submitted by the Legislature at the session of 1875, and was adopted by the people at the general election held November 2, 1875.)

SECTION 2, ARTICLE 5 (SUFFRAGE).

No person under guardianship, non compos mentis, or insane; no person convicted of felony, unless restored to civil rights; no person who has been dishonorably discharged from the service of the United States, unless reinstated; no person guilty of defrauding the Government of the United States, or any of the States thereof; no person guilty of giving or received a bribe, or offering to give or receive a bribe; and no person who has ever voluntarily aided or abetted in the attempted overthrow of said government, except all person who have been honorably discharged from the military service of the United States since the first day of April, A. D. 1861, provided that they have served one year or more therein, shall be qualified to vote or hold office in this State, until such disability shall be removed by a law passed by a vote of two-thirds of all the members of both branches of the Legislature.

SECTION 3, ARTICLE 5 (SUFFRAGE).

For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this State, or of the United States or of the high seas, nor while a student of any seminary of learning, nor while kept at any almshouse or other asylum at public expense, nor while confined in any public prison; and the Legislature may make provision for taking the votes of electors who may be absent from their townships or wards, in the volunteer military service of the United States, or the militia service of this State; but nothing herein contained shall be deemed to allow any soldier, seaman or marine in the regular army or navy of the United States the right to vote.

SECTION 3, ARTICLE 9 (COUNTY AND TOWNSHIP ORGANIZATION).

All county officers shall hold their offices for the term of two years, and until their successors shall be qualified, except County Commissioners, who shall hold their offices for the term of three years; Provided that at the general election in the year eighteen hundred and seventy-seven, the Commissioner elected from district number one in each county, shall hold his office for the term of one year; the Commissioner elected from district number two in each county, shall hold his office for the term of two years, and the Commissioner elected from district number three in each county shall hold his office for the term of three years; but no person shall hold the office of sheriff or county treasurer for more than two consecutive terms.

(Submitted by the Legislature at the session of 1876, and adopted by the people at the general election held November 7, 1876.)

SECTION 3, ARTICLE 11 (FINANCE AND TAXATION).

The Legislature shall provide, at each regular session, for raising sufficient revenue to defray the current expenses of the State for two years.

(Submitted by the Legislature at the session of 1875, and adopted by the people at the general election held November 2, 1875.)

SECTION 7, ARTICLE 13 (BANKS AND CURRENCY).

No banking institution shall issue circulating notes of a less denomination than one dollar.

(Submitted by the Legislature at the session of 1861, and adopted by the people at the general election held November 5, 1861.)

SECTION 4, ARTICLE 15 (MISCELLANEOUS).

All public printing shall be done by a State Printer, who shall be elected by the Legislature in joint sessions, and shall hold his office for two years, and until his successor shall be elected and qualified. The joint session of the Legislature for the election of a State Printer, shall be on the third Tuesday of January, A. D. 1869, and every two years thereafter. All public printing shall be done at the capital, and the prices for the same shall be regulated by law.

(Submitted by the Legislature at the session of 1868, and adopted by the people at the general election held November 3, 1868.)

SECTION 10, ARTICLE 15 (MISCELLANEOUS).

The manufacture and sale of intoxicating liquors shall be forever prohibited in this State, except for medical, scientific and mechanical purposes.

(Submitted by the Legislature at the session of 1879, and adopted by the people at the general election held November 2, 1880.)

(Submitted by the Legislature at the session of 1867; adopted by the people at the general election held November 5, 1867.)

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