-v..- /
 
 INDEX DIGEST 
 
 OF 
 
 STATE CONSTITUTIONS 
 
 PREPARED FOR 
 
 THE NEW YORK STATE 
 
 CONSTITUTIONAL CONVENTION COMMISSION 
 
 BY THE 
 
 LEGISLATIVE DRAFTING RESEARCH FUND 
 
 OF 
 
 COLUMBIA UNIVERSITY 
 
 • • • # < 
 
 The New York State 
 
 Constitutional Convention Commission 
 
 1915
 
 Copyright 1915 
 By Columbia University 
 
 • » • • 
 
 A I. II A TV' V 
 
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 SUPPLIED TO THE DELEGATES 
 
 nT"' TO THE 
 
 o 
 O 
 
 New York State 
 Constitutional Convention 
 
 1915 
 
 BY THE 
 
 New York State 
 1 Constitutional Convention 
 
 ^ Commission 
 
 (Established by Laws of 1914, Chapter 261, to collect, compile 
 and print information and data for the Consti- 
 tutional Convention of 1915) 
 
 MEMBERS OF COMMISSION 
 
 MORGAN J. O'BRIEN, Chairman 
 vi 2 Rector Street, New York City 
 
 PRESIDENT OF THE SENATE 
 
 ROBERT F. WAGNER, 1913-14 
 EDWARD SCHOENECK, 1915-16 
 
 ^ SPEAKER OF THE ASSEMBLY 
 
 THADDEUS C. SWEET, 1914-15 
 
 SAMSON LACHMAN 
 
 35 Nassau Street, New York City 
 
 JOHN H. FINLEY 
 
 State Education Building. Albany, N. Y. 
 
 Secretary to the Commission 
 
 FREDERICK D. COLSON 
 
 New York State Library, Albany, N. Y. 

 
 PREFACE 
 
 The Legislative Drafting Research Fund has for some time 
 planned the preparation of an index digest of state constitutions 
 to meet the need, which it constantly experiences in its own work, 
 of readily accessible information as to the exact provisions of the 
 fundamental law of the states. Prior to undertaking the prepa- 
 ration of this index digest for the New York Constitutional Con- 
 vention of 1-91S the Fund had begun the work of collecting and 
 bringing down to date the text of the various state constitutions, 
 but the actual digesting and classification of their provisions had 
 not been begnn and it was expected that the satisfactory comple- 
 tion of the work would require much more time than was avail- 
 aide if the material was to be ready for the use of the Convention. 
 We were persuaded, however, to undertake the task by the anticipa- 
 tion of a pressing demand in the Convention for information as 
 to the content of other state constitutions, and by the hope that 
 the use of such a digest by the Convention would develop valuable 
 criticisms and suggestions for its future perfection. 
 
 The preparation of this volume was not begun until December. 
 1914. The mass of the material to lie digested and the necessity 
 of originating a classification, as well as the painstaking and time- 
 consuming work of comparing citations and proof-reading, made it 
 necessary that the digesting and editing of provisions relating to 
 some important subjects be done by persons not members of our 
 permanent staff. As a result there was not opportunity for that 
 constant consultation among all the members of the editorial staff 
 which is so essential to the production of an accurate and well- 
 balanced work of this kind. ~No effort has been spared to make 
 the digest paragraphs and citations accurate. The classification 
 and arrangement of the material present the chief opportunity for 
 improvement of the index digest in its present form. It is our 
 hope that its publication in this form will provoke discussion 
 among a number of persons interested in the solution of tbc prob- 
 lems with which we have strug-gled. It is our intention to prepare 
 
 tv]
 
 vi Preface 
 
 and publish at some later date a revised edition, which we hope 
 may be made more useful to public officials and students of polit- 
 ical science by reason of such discussion. For this reason it is 
 earnestly hoped that readers noting omissions or mistakes will 
 report them, together with general or specific criticisms of the plan 
 and scope of the work. Especially desired are suggestions as to 
 points of view from which to classify the material, and as to new 
 titles <>r subheads. 
 
 The volume lias been prepared with the idea of giving under 
 each title and subhead enough of the constitutional provisions to 
 render unnecessary reference to the text of the constitution unless, 
 for such purposes as the drafting of new provisions, the exact 
 phraseology is wanted. Every effort has been made to make the 
 entries conform as nearly as possible to the language used and to 
 avoid construing the constitutions. As a consequence of this 
 procedure, many provisions, substantially similar, have been sep- 
 arately entered, because the method of expression is different. 
 
 In using the index digest it should be remembered that it is in- 
 tended to be a comparative statement of the provisions of all the 
 constitutions arranged by subject, rather than an attempt to pre- 
 sent a picture of each constitution. The volume, therefore, should 
 be more useful to a person desiring information as to how any 
 phase of a subject is treated in the various states, than to a person 
 seeking to find how a particular state treats that subject; e. g., 
 under the title " Public Officers," subhead " Qualifications and 
 1 ^qualifications,'' the reader desiring to find the provisions on this 
 subject in any one state would have to turn over many pages, 
 but if he wishes to know what provisions there are as to any par- 
 ticular branch of the subject, as for example, the effect of convic- 
 tion fox bribery, he will tind them brought together in one place. 
 
 It should also be remembered that, in order to prevent constant 
 repetition, provisions relating to a class of subjects have not been 
 repeated under all the particular subjects which constitute the 
 class, e. g., a provision relating to public officers generally is di- 
 gested only under that title and not repeated under the titles of 
 particular officers. Conversely, provisions relating to a particular 
 aubjecl forming part of a general class are not repeated under the 
 general class, e. g., provisions relating specifically to the governor
 
 Preface vii 
 
 are not repeated under the title " Public Officer-." It results 
 that the reader must carefully follow all the cross references' given. 
 The material digested includes all amendments adopted up to 
 January 1, 1914, so far as we have been able to obtain them. .Re- 
 quests were sent to the various secretaries of state for a copy of 
 each constitution in its most recent form, together with informa- 
 tion as to amendments adopted since its publication. The material 
 collected was checked up in every way possible in the time avail- 
 able, and it is believed that the texts on which the index digest 
 is based are substantially complete. The citations in all cases 
 are to the article and section of the constitution as it now stands, 
 as amended, and no information is given as to the date when 
 adopted, with the exception that the figures " 1914 " have been 
 added to the citation in many cases where the amendment was 
 adopted in that year. 
 
 LEGISLATIVE DRAFTING RESEARCH FUND 
 
 Columbia University 
 
 July, 1915.
 
 INDEX DIGEST 
 
 OF 
 
 STATE CONSTITUTIONS 
 
 ACTIONS, See Courts — Actions, and references there given. 
 
 ADMINISTRATION OF JUSTICE 
 
 Rights as to life, liberty and property, See Life, Liberty and Property. 
 Courts, See Courts. 
 Rights of accused, See Crimes. 
 Remedy for injuries generally, See Injuries. 
 Remedy for injuries to persons, See Personal Injuries. 
 Remedy for injuries to property, See Property. 
 Remedy for injuries to reputation. See Libel and Slander. 
 Remedy for death, See Death. 
 
 Justice to be administered conformably to the laws. (X.H. I 14.) 
 Justice ought to be administered according to the law of the land. 
 
 (Del. I 9.; Md. D.R. 19.) 
 Justice to be administered according to the very right of the cause. 
 
 (Del. I 9.) 
 Justice ought to be administered conformably to the laws. (Ark. II 13; 
 
 Mass. Pt. I 2; Minn. I 8; R.I. I 5; Vt. I 4; Wis. I 9.) 
 Justice to be administered completely. (Ind. I 12; Me. I 19; X.H. I 14; 
 
 Ore. I 10.) 
 Justice ought to be administered completely. (Ark. II 1.'!: 111. II 19; 
 
 .Mass. Pt. I 11: Minn. I 8; R.I. I 5; Vt. I 4: Wis. 1 9. i 
 Justice ought to be administered fully. (Md. D.R. 19.) 
 Justice to be administered openly. (Ariz. II 11: Ore. I 10; Wash. I 10. 1 
 Courts to be open. (Ala. I 13; Conn. I 12; Del. I 9; Fla. D.R. 4; Ind. I 
 
 12; Ky. 14; Miss. Ill 24; Nebr. I 13; X.C. I 35; X.D. I 22; Ohio I 16; 
 
 Pa. I 11; S.D. VI 20; Tenn. I 17; Tex. I 13; Utah I 11: W.Va. Ill 17: 
 
 Wyo. 18.) 
 Courts to be open to every person. (Colo. II 6; Ida. I IS; Mo. II 10; 
 
 Mont. Ill 6; Okla. II 6.) 
 Courts to be public. (S.C. I 15.) 
 Courts not to be secret. (Ore. I 10.) 
 
 Justice to be administered without prejudice. (Ida. I 18; Okla. II 6.) 
 Justice to be administered without partiality. (La. 6.) 
 
 [1]
 
 2 State Constitutions 
 
 ADMINISTRATION OF JUSTICE [Cont'd) 
 
 Justice to be administered without denial. (Ala. I 13; Colo. II 6; 
 I onn. I. 12; Del. I 9; Fla. D.R. 4; Ida. I 18; Ind. I 12; Ky. 14; La. 6; 
 Me. I 19; Miss. HI 24: .Mont. Ill 6; Xebr. I 13; X.H. I 14; NX. I 35; 
 N.D. I 22j Ohio I 16; Okla. II 0; Pa. I 11; S.D. VI 20; Tenn. I 17; 
 
 W.Va. Ill 17.) 
 
 Every person ought to obtain justice without denial. (Ark. II 13; 111. II 
 
 L9; Md. D.R. 19; Mass. Pt. I 11; -Minn. I 8; Mo. II 10; R.I. I 5; Vt. I 
 
 4; Wis. I 9.) 
 Justice to he administered freely. (Ind. I 12; Me. I 19; X.H. I 14.) 
 Justice ought to be administered freely. (Ark. II 13; 111. II 19; Md. 
 
 D.R. 19: Mass. Pt. I 2; Minn. I 8; R.I. I 5; Vt. I 4; Wis. I 9.) 
 Justice to In- administered without unreasonable expense. (Del. I 9.) 
 Justice to be administered without sale. (Ala. I 13; Colo. II 6; Conn. 
 I 12; Del. I 9; Fla. D.R. 4; Ida. I 18; Ky. 14; Me. I 19; Miss. Ill 24; 
 Mont. Ill 6; XX. 1 35; X.D. I 22; Okla. II 6; Pa. I 11; Tenn. I 17; 
 
 W.Va. Ill 17.) 
 Justice ought to be administered without sale. (Md. D.R. 19; Mo. II 10.) 
 Justice to be administered without purchase. (Ind. I 12; X.H. I 14; 
 
 Ore. I 10.) 
 Justice ought to be administered without purchase. (Ark. II 13; 111. II 
 
 19; Mass. Pt. I 2: Minn. I 8; R.I. I 5; Vt. I 4; Wis. I 9.) 
 Justice to lie administered without delay. (Ala. I 13; Colo. II 6; Conn. 
 
 I 12; Fla. D.R. 4; Ida. I 18; Ind. I 12; Kan. B.R. 18; Ky. 14; Me. I 
 19; Miss. Ill 24: Mont. Ill 6; Xebr. I 13; X.H. I 14; X.C. I 35; 
 N.D. 1 22; Ohio I 16; Okla. II 6; Ore. I 10; Pa. I 11; S.D. VI 20; 
 
 Tenn. I 17; W.Va. Ill 17.) 
 Every person ought to obtain justice without, delay. (Ark. II 13; 111. 
 
 II 19; Md. D.R. 19; Mass. Pt, I 2; Minn. I 8; Mo. II 10; R.I. I 5; 
 
 Vt. I 4; Wis. I 9.) 
 Justice to be administered without unnecessary delay. (Ariz. II 11; 
 
 Wash. I 10.) 
 Justice administered without unreasonable delay. (Del. I 9; La. 6.) 
 Justice to be administered promptly. (Me. I 19; X.H. I 14.) 
 Justice ought to he administered promptly. (Ark. II 13; 111. II 19; 
 
 M;!s<. Pt. I 2; Minn. I 8; R.I. I 5; Vt. I 4; Wis. I 9.) 
 Justice to be administered speedily. (Ind. I 12.) 
 Justice ought to be ad ministered speedily. (Md. D.R. 19.) 
 Remedy to be speedy for wrongs sustained. (S.C. I 15.) 
 AGE 
 
 As qualification to vote. See Elections. 
 
 As qualification to hold office, See the particular officer or class of 
 
 off" 
 Declaring of age !■;< local or special law, See Minors. 
 Age "i consenl for unmarried women to be 14. (S.C. Ill 28.) 
 
 AGRICULTURE 
 
 Under " Board of" ,m<! "Commissioner <>f " in this title are digested 
 those provisions which specifically refer to these officers. For provisions 
 
 ■In at lo nil officers inol lii nee lo them. See the title I'TBLIC OFFICERS;
 
 Index Digest 3 
 
 AGRICULTURE (Cont'd) 
 
 for provisions referring to elections in general, See title Elections; 
 .for provisions allowing legislature to establish offices and provide for 
 their election or appointment, See title Public Officers. 
 Board of 
 
 In Louisiana and Virginia known as Board of Agriculture and 
 
 Immigration. 
 Abolition 
 
 Board to continue for eight years, then may be abolished by 
 
 legislature. (Del. XI 7.) 
 
 Compensation 
 
 As provided by law. (Del. XI 6; Okla. VI 31.) 
 None, except expenses incurred in attending meetings. (La. 
 
 307.) 
 
 Election or Appointment 
 Elected. (Mich. XI 7.) 
 
 As shall be prescribed by law. (Okla. VI 31.) 
 Appointed by governor by and with consent of a majority of all 
 
 members elected to senate. (Del. XI 3.) 
 Appointed by governor subject to confirmation by senate. (La. 
 
 305; Va. X 143.) 
 
 Members and Qualifications 
 
 Three, one from each county. (Del. XI 2.) 
 Five, all farmers. (Okla. VI 31.) 
 
 Six, including president of Agricultural College ex-officio. 
 
 (Mich. XI 7.) 
 One practical farmer from ea'ch congressional district. (Va. X 
 
 143.) 
 One from each congressional district; chosen from men engaged 
 in leading agricultural interests of state, and ex-officio gov- 
 ernor, commissioner of agriculture and immigration, president 
 and vice-president of board of supervisors of Louisiana State 
 University and Agricultural College. Director of state experi- 
 ment stations. (La. 307.) 
 
 Powers and Duties 
 
 Control and direction of state agricultural organizations and 
 
 farmers' institutes, encourage fairs and local agricultural 
 
 organizations, and as fixed by legislature. (La. 306.) 
 To elect its own officers, establish subordinate branches, and 
 
 as may be prescribed by law. (Va. X 144.) 
 As may be prescribed by law. (Mich. XI S.) 
 Jurisdiction over all matters affecting animal industry, animal 
 
 quarantine regulations, and as may be prescribed by law. 
 
 (Okla. VI 31.) 
 
 Term of Office 
 
 As provided by law. (Okla. VI 31.) 
 
 Three years. (Del. XI 3.) 
 
 Four years. (Va. X 143.) 
 
 Six years. (La. 307; Mich. XI 1, 8.)
 
 S 1 ATI: ( 'u.XSTITL'TIOXS 
 
 AGRICULTURE [Cont'd) 
 
 BUREAU OF 
 
 Lalior, agriculture and industry under control of commissioner. 
 
 (Mont. XVIII 1.) 
 
 Statistics, agriculture and immigration may be established in office 
 
 of secretary of stale under regulations prescribed by law. (Wash. 
 
 II 34.) 
 Agriculture, mining and manufacturing may be created by legis- 
 lature. (Ark. XI.) 
 
 Commissioner ov 
 Title 
 
 Commissioner of agriculture. (Fla. IV 20.) 
 Commissioner of agriculture and labor. (N.D. Ill 83.) 
 Commissioner of agriculture, labor and industry. (Mont. 
 
 XVIII 1.) 
 Commissioner of agriculture, labor and statistics. (Ky. 91.) 
 Commissioner of agriculture and industries. (Ala. V. 112.) 
 Commissioner of agriculture and immigration. (Va. X 145.) 
 Compensation 
 
 As provided by law. (Mont. XVIII 1.) 
 Paid by salary and not otherwise. (Ky. 96.) 
 Prescribed by law, not increased or diminished for period for 
 
 which elected. (N.D. Ill S4.) 
 Limited to salary prescribed by law; cannot be increased during 
 
 term for which elected. (Ala. V 137, 118.) 
 Fifteen hundred dollars, legislature may change after eight 
 years; no additional compensation for services to state in 
 
 other capacities. (Fla. IV 29.) 
 
 Election or Appointment 
 Fleeted. (Va. X 145.) 
 
 Elected at same time and place as member of legislature. (Ala. 
 
 V 114; N.D. Ill 82.) 
 Elected at same time as governor. (Ida. IV 20; Ky. 91, 95.) 
 Appointed by governor subject to confirmation of senate. (Mont. 
 
 XVIII 1.) 
 
 Return of election same as governor. (Ala. V 115.) 
 Fees 
 
 l'i- payable for services paid at once into treasury. (Ala. V 
 
 137.) 
 Fees collected to be covered into treasury. (Ky. 93; N.D. 84.) 
 Impeachment, See Impeachment. 
 Powers and Duties 
 
 Prescribed by law. (Ala. V 137; Fla. IV 26; Ky. 91, 93; N.D. 
 
 Ill 83.) 
 Prescribed by board of agriculture and immigration until pro- 
 vided otherwise by law. [Va. X 145.) 
 To ] '■■'■' control of bureau of agriculture, labor and industry. 
 
 (Mont. XVIII 1.)
 
 Index Digest 
 
 AGRICULTURE ( Cont'd) 
 
 Commissioner of (Cont'd) 
 Qualifications 
 
 Twenty-five years old; citizen of United States and same quali- 
 fications as state electors. (N.D. Ill 82.) 
 Thirty years old, at time of election and resident of Kentucky; 
 ineligible to re-election. (Ky. 91.) 
 Residence 
 
 Seat of government. (Mont. XVIII 1; N.D. Ill S2.) 
 State capitol, except during epidemics. (Ala. V 118; Fla. XVI 
 
 10.) 
 Term of Office 
 
 Two years and until successor qualified. (N.D. Ill 82.) 
 Four years. (Va. X 45.) 
 
 Four years and until successor qualified. (Ala. V 116; Ky. 91; 
 
 Mont. XVIII 1.) 
 Same as governor and until successor qualified. (Fla. IV 20, 
 
 XVI 14.) 
 Vacancy in Office 
 
 Filled by governor, unless disability removed or successor elected 
 
 and qualified. (Ala. V 136.) 
 Department of 
 
 Created, to be under control of regents of College of Agriculture. 
 
 (KM. XV 1.) 
 Agriculture and immigration, permanently maintained at capital. 
 
 (Va, X 143.) 
 Legislature to establish department of agriculture, immigration 
 and statistics, under regulations which best promote agricultural 
 interests of state. (N.C. Ill 17.) 
 Secretary of internal affairs to discharge such duties relating to 
 agriculture as may be prescribed by law. (Pa. IV 19.) 
 Agricultural Associations 
 
 Legislature to provide for incorporation of by general law, but not 
 to pass any special law therefor. ( Fla. Ill 25. ) 
 Agricultural Corporations 
 
 Legislature to provide by general law for incorporating such agri- 
 cultural companies or associations as deemed necessary. (Fla. 
 
 Ill 25.) 
 Appropriation of water for, See Waters — Appropriation. 
 Dealing in Futures in Products of 
 
 Where no bona fide delivery intended, against public policy and 
 legislature to pass laws to suppress it. (La. 189.) 
 Drainage for, See Drainage. 
 Education, See Education. 
 
 Eminent Domain for Agricultural Purposes, See Eminent Domain. 
 Encouragement of 
 
 Legislature to encourage agriculture. (Ark. X 1; Ind. VIII 1; Iowa 
 
 IX 2; Miss. VIII 201; W.Va. XII 12.) 
 Legislature to enact laws for encouragement of sheep industry. 
 
 (N.C. Ill 17.)
 
 S i ATK ( lONSTITUTIONS 
 
 AGRICULTURE [Cont'd) 
 
 Encouragement OF (Cont'd) 
 
 Legislature to encourage private societies, public institutions, awards 
 and immunities tor the promotion of agriculture. (Mass. Pt. II 
 
 Ch. V Sec. II.) 
 Any person may sell or peddle the products of the farm or garden 
 occupied and cultivated by him without obtaining a license there- 
 for. (Minn. I 18.) 
 Farm Mortgages, Investment of School Funds in, See Education — 
 
 Funds. 
 Fences, See Fences. 
 
 I.nsi'ection of Products of, See Inspection. 
 Labor, See Labor. 
 Lease of Agricultural Land 
 
 Lease or grant of land for agricultural purposes over 21 years re- 
 serving any rent or service of any kind invalid. (Minn. I 15.) 
 Same; 20 years. (Iowa I 24.) 
 Same: 15 years. (Wis. I 14.) 
 Same; 12 years. (Mich. XVI 10; N.Y. I 13.) 
 Live Stock Districts 
 
 Legislature not to pass a private, special or local law establishing 
 separate stock districts. (Ala. IV 104.) 
 Live Stock Laws 
 
 Legislature not to pass any special, local or private legislation relat- 
 ing to stock. (Miss. IV 90.) 
 Monopoly in Products, See Monopolies and Trusts. 
 Mortgage Corporations 
 
 Corporations formed for sole purpose of lending on country property 
 not to receive money on deposit or do banking business; under 
 examiner of state banks. (La. 230.) 
 Promotion of 
 
 Board of public works to adjust rates on all railroads and canals 
 
 in which state has an interest, so as to promote agricultural 
 
 interests of state. (Md. XII 2.) 
 
 Legislature to provide lands and funds necessary for experimental 
 
 tanning and demonstration of department of agriculture. (N.M. 
 
 XV 1.) 
 Pro I ECTION of 
 
 Board of agriculture to maintain effective control of sale and manti- 
 facture of fertilizers and Paris green for suppression of adultera- 
 tion and fraud therein. (La. 306.) 
 I '.oanl to abate and prevent by such means as legislature prescribes 
 all contagious and infectious diseases of fruit trees, plants and 
 
 farm animals. (Del. XI 4.) 
 Legislature to enact laws for adequate protection of sheep industry. 
 
 (N.C. Ill 17.) 
 
 Legislature to provide against introduction or spread of infectious 
 
 or contagious disease, and also a system of quarantine or inspec- 
 
 tio7i and other regulations necessary for "and most conducive to 
 
 k interests in state". (Ida. XVI 1; Wyo. XIX 1.)
 
 INDEX DlGKBST 
 
 AGRICULTURE (Cont'd) 
 Protection of (Cont'd) 
 
 Legislature may regulate and protect stock raisers, exempting non- 
 stock raising sections of the state from such laws, may pass gen- 
 eral or special laws for inspection of cattle, stock and hides and 
 to regulate brands; local laws thus passed must be approved by 
 freeholders of the section affected. (Tex. XVI 23.) 
 Regulation of 
 
 Not to be regulated by local or special law. (La. 48.) 
 Running at Laege of Live Stock 
 
 Law relating to running at large of stock excepted from provision 
 prohibiting enactment to take effect on the approval of any other 
 authority than the legislature, unless otherwise provided in this 
 
 constitution. (Ky. 60.) 
 Legislature not to pass local, private or special law affecting or 
 regulating running at large of stock. (Ky. 59; Va. IV 63.) 
 State Employment in 
 
 State shall not engage in except for education or scientific purposes 
 and for support of its penal, charitable and educational institu- 
 tions. (Okla. II 31.) 
 Straying of Live Stock 
 
 No special or local law to be passed regarding straying of live stock. 
 
 (Del. II 19.) 
 Taxation 
 
 See Taxation — Assessment — Improved and Cultivated Land. 
 See Taxation — Assessment — Live Stock. 
 
 See Taxation — Exemptions — Agricultural and Horticultural 
 
 Societies. 
 See Taxation — Exemptions — Agricultural Implements. 
 See Taxation — Exemptions — Farm Products. 
 See Taxation — Exemptions — Forests, Grape Vines, Trees. 
 Transportation 
 
 Railroad companies transporting grain in bulk or otherwise, to 
 deliver it to consignee or elevator or public warehouse, if con- 
 signee, elevator or warehouse can be reached by track owned, 
 leased or used, or which can be used by railroad company; track 
 connections to be allowed. (111. XIII 5.) 
 Railroad companies and other common carriers on railroads to weigh 
 and measure grain at points where shipped and receipt for full 
 amount, and be responsible for delivery of such amount to owner 
 or consignee at place of destination. (111. XIII 4.) 
 Caretakers of fruit and live stock may be given free transportation 
 by transportation company. (Okla. IX 13.) 
 
 ALIENS 
 
 Corporations Controlled by, See below, this title. Lands and Mines. 
 Denizen 
 
 Every person of good character who comes to settle in this state 
 
 having first taken an oath or affirmation of allegiance to same. 
 
 deemed a free denizen thereof after one year's residence, entitled 
 
 to all rights of natural-born subject except privileges of freeman 
 
 or right to hold certain offices. (Vt. II 62.)
 
 8 State Constitutions 
 
 ALIENS {Cont'd) 
 
 Immigration, See Immigration. 
 Lands and aIines 
 
 See also thronghowt tJtis title. 
 
 Legislature to enact laws to limit, restrict or prevent acquiring and 
 holding of land in state by non-resident aliens. (Miss. IV 84.) 
 
 Every person of good character, who comes to settle in this state, 
 having first taken an oath or affirmation of allegiance to the 
 same, may purchase, or by other just means acquire, hold and 
 transfer land, or other real estate. (Vt. II 62.) 
 
 Real estate excepted from guarantee of property rights to foreigners 
 of white race or of African descent eligible to become citizens of 
 United States under naturalization laws, but they may remain 
 owner of real estate owned at time of adoption of amendment, 
 and legislature may provide for disposition of real estate acquired 
 hereafter by them by devise or descent. (Cal. I 17.) 
 
 Not to acquire title to or oavii land in the state and legislature to 
 enact laws whereby aliens and heirs hereafter acquiring real 
 estate shall dispose of same within five years upon condition of 
 escheat or forfeiture to state; not applicable to Indians born in 
 United States nor to aliens who may become bona fide residents 
 of state, nor to lands now owned by aliens in the state. (Okla. 
 
 XXII 1.) 
 
 To be duty of legislature to enact laws limiting number of acres of 
 land which alien or corporation controlled by aliens may own in 
 
 the state. (S.C. Ill 35.) 
 
 Chinamen not resident of state at adoption of constitution not to 
 hold real estate or mining claim or work any mining claim; legis- 
 lature to enforce this provision. (Ore. XV 8.) 
 
 Ownership of land by aliens other than those who in good faith 
 have declared intention to become United States citizens, pro- 
 hibited, except where required by inheritance, under mortgage or 
 in good faith in ordinary course of justice in collection of debts; 
 and conveyance of lands to alien or in trust to alien to be void; 
 not applicable to lands containing valuable deposits of minerals, 
 metals, iron, coal or fire clay, and necessary land for mills and 
 machinery to be used in development thereof and manufacture of 
 products therefrom; corporation, majority of whose capital stock 
 is owned by aliens, to be considered alien for above purposes. 
 
 (Wash. II 33.) 
 
 Aliens and denizens to have same right as citizens to acquire, pur- 
 chase poBsess, enjdy, convey, transmit and inherit mines and min- 
 ing property, and milling, reduction, concentrating and other 
 works and properly necessary for or connected with business of 
 mining and treating ores and minerals, but this not to infringe 
 upon authority of United States to provide for sale or disposition 
 of mineral and other public lands. (Mont, III 25.) 
 Naturalization 
 
 General trial courts to have power of naturalization in accordance 
 with laws of United States. (X.M. VI 13; Okla. VII 10.)
 
 Index Digest 
 
 ALIENS (Cont'd) 
 
 Naturalization (Cont'd) 
 
 General trial courts to have power of naturalization and to issue 
 
 papers therefor. (Ariz. VI 6; Cal. VI 5; Wyo. V 10; Wash. IV 6.) 
 
 General trial courts to have power of naturalization and to issue 
 
 papers in accordance with laws of the United Stales. (Mont. 
 
 VIII 11.), 
 Property Eights 
 
 Lands and Mines, See' above, tins title. Lands and Mines. 
 All Aliens 
 
 To be treated like citizens in respect to inheritance, ownership 
 
 and disposition of property. (Fla. D.R. IS.) 
 Rights may be regulated by law in respect to purchase or 
 
 descent of property. (Kan. B.R. 17.) 
 Resident 
 
 To be treated like citizens in respect to acquisition of property. 
 
 (Colo. II 27; W.Va. II 5.) 
 To be treated like citizens in respect to disposition of property. 
 
 (W.Va. II 5.) 
 To be treated like citizens in respect to enjoyment of property. 
 (Ala. I 34; Ark. II 20; Colo. II 27; Iowa I 22; Mich. XVI 9; 
 Nebr. I 25; Nev. I 16; S.D. VI 14; Wis. I 15; Wyo. I 29.) 
 To be treated like citizens in respect to inheritance of property. 
 (Ala. I 34; Ark. II 20; Colo. II 27; Iowa I 22; Mich. XVI 9; 
 Nebr. I 25; Nev. I 16: S.D. VI 14; W.Va. II 5; Wis. I 15; 
 
 (Wyo. I 29.) 
 To be treated like citizens in respect to ownership of property. 
 
 (N.M. II 22.1 
 
 To be treated like citizens in respect to possession of property. 
 
 (Ala. I 34; Ark. II 20; Colo. II 27; Iowa I 22; Mich. XVI 9; 
 
 Nebr. I 25; Nev. I 16; N.M. II 22; S.D. VI 14; Wis. I 15; 
 
 Wyo. I 29.) 
 To be treated like citizens in respect to taxation. (Wyo. I 29.) 
 To be treated like citizens in respect to tenure of property. 
 
 (W.Va. II 5.) 
 Resident, White 
 
 White foreigners who are or may hereafter become residents of 
 state, to enjoy same rights in respect to possession, enjoy- 
 ment and descent .of property as native-born citizens. (Ore. 
 
 I 31.) 
 Residents White or of African Descent 
 
 Eligible to become citizens of United States under naturaliza- 
 tion laws, to be treated as citizens in respect to acquisition, 
 possession, enjoyment, transmission or inheritance of prop- 
 erty other than real estate. (Cal. I 17.) 
 Protection from 
 
 Legislature to prescribe necessary regulations to protect state, 
 counties and municipalities from aliens who are or 1 may become 
 vagrants, paupers, mendicants, criminals or afflicted with con- 
 tagious or infectious diseases or otherwise dangerous. (Cal. 
 
 XIX 1.)
 
 LO State Constitutions 
 
 ALIENS [Cont'd) 
 
 PB(M El dOH FROM I Cont'd) 
 
 The legislature shall prescribe all necessary regulations for the pro- 
 tection of the state, and the counties, cities and towns thereof, 
 from the burdens and evils arising from the presence of aliens 
 dangerous or detrimental to the well-being or peace of the state, 
 and to impose conditions upon which such persons may reside in 
 the state, and to. provide the means and mode of their removal 
 from the state, upon failure or refusal to comply with such con- 
 ditions. (Cal. XIX 1.) 
 
 Asiatic coolieism is a form of human slavery, and is forever pro- 
 hibited in this state, and all contracts for coolie labor shall be 
 void. All companies or corporations, whether formed in this 
 country or any foreign country, for the importation of such labor, 
 shall be subject to such penalties as the legislature may prescribe. 
 The legislature shall delegate all necessary power to the incor- 
 porated cities and towns of this state for the removal of Chinese 
 without the limits of such cities and towns, or for their location 
 within prescribed portions of those limits, and it shall also pro- 
 vide the necessary legislation to prohibit the introduction into 
 this state of Chinese after the adoption of this constitution. This 
 section to be enforced by appropriate legislation. (Cal. XIX 4.) 
 
 Right to Employment on Public Works, See Labor — Public Works. 
 Right to Hold Office, See Public Officers — Qualifications and Dis- 
 qualifications. 
 Right to Liquor License, See Liquors. 
 Voting, See Elections. 
 
 AMENDMENT OR REVISION OF CONSTITUTION 
 
 (i\ Initiative Petition, See Initiative and Referendum. 
 
 Adoption by People of Laws Declared Unconstitutional, See Courts 
 — Decisions. 
 
 Exclusiveness op Method 
 
 Constitution may only be revised and amended " in pursuance of 
 
 the provisions of this article". (Mo. XV 1.) 
 This article shall not impair the right of the people to amend by 
 
 \>te upon an initiative petition. (Okla. XXIV 2; Ore. XVII 1.) 
 Provisions of section providing method for proposal of amendments 
 
 by legislature and ratification by people, not to he changed, 
 
 altered or abrogated except through a general convention called 
 
 ;is provided in constitution. (X.M. XIX 5.) 
 
 Adopted b? Two Legislatures 
 
 Amendment may be proposed in either house, agreed to by two- 
 thirds of all members elected to each house, entered on their 
 journals with yeas and nays. Published by secretary of state 
 three months before next general election in three newspapers 
 in each county. If adopted on yea and nay vote by two-thirds 
 of all members elected to each house of next legislature after 
 election, becomes " thereupon " part of constitution. (Del. XVI 1.)
 
 I xdex Digest 11 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Cont'd) 
 Proposed by One Legislature 
 
 Bee also beloir, tiii* title, Provisions Common to Legislative Pro- 
 posals. 
 States Requiring. (Ala. XVIII 2S4"; Ariz. XXI 1; Ark XIX 22; Cal. 
 XVIII 1; Colo. XIX 2; Fla. XVII 1; Ga. XIII Sec. I 1; Ida. 
 XX 1; 111. XIV 2: Kan. XIV 1; Kyi 256; La. 325; Me. X 2 
 (Amend. 19141; Md. XIV 1; Mich. XVII 1; Minn. XIV 1; 
 Miss. XV 273; Mo. XV 2; Mont. XIX 9; Nebr. XV 1; X T .M. XIX 
 1; N.C. XIII 2; Ohio XVI 1; Okla. XXIV 1; Ore. XVII; S.D. 
 XXIII 1; Tex. XVII 1; Utah XXIII 1; Wash. XXIII 1; W.Va. 
 
 XIV 2: Wyo. XX 1.) 
 Action by Legislature 
 Procedure 
 
 May be proposed in either house. (Ariz. XXI 1; Ark. XIX 
 22 ; Cal. XVIII 1 ; Colo. XIX 2 ; Fla, XVII 1 ; Ga. XIII 
 Sec. I 1; Ida. XX 1; 111. XIV 2; Kan. XIV 1; Ky. 256; 
 Mich. XVII 1; Mont. XIX 9; Nebr. XV 1; N.M. XIX 1; 
 Ohio XVI 1 ; Okla. XXIV 1 ; Ore. XVII 1 ; S.D. XXIII 1 ; 
 Utah XXIII 1; Wash. XXIII 1; W.Va. XIV 2; Wyo. 
 
 XX 1.) 
 
 " Whenever two-thirds of eac*h house of legislature " shall 
 
 deem amendment necessary, " such proposed amendment 
 
 shall be read and passed by two-thirds vote of each house 
 
 respectively, on each day, for three several days ". ( Miss. 
 
 XV 273.) 
 Proposal may be made at regular session. (Ark. XIX 22; 
 
 Fla. XVII 1: Ky. 256: X.M. XIX 1.) 
 Proposal may be made at biennial session. (Tex. XVII 1.) 
 Proposal may be made at any session. (La. 325.) 
 Proposal may be made at any time. (Mo. XV 2; Mont. 
 
 XIX 9.) 
 Each amendment must be embraced in a separate bill em- 
 bodying the article or section as amended. (Md. XIV 1.) 
 Bill must be read on three days in each house. (Ala. 
 
 XVIII 284; La. 325; Miss. XV 273; W.Va. XIV 2.) 
 Proposed amendments to be entered on journals with ayes 
 
 and nays. (Ariz. XXI 1: Ark. XIX 22; Cal. XVIII 1; 
 Fla. XVII 1; Ga. XIII Sec. I 1; Ida. XX 1; Kan. 
 XIV 1; La. 325; Md. XIV 1; Mich. XVII 1; Mont. 
 
 XIX 9; Xebr. XV 1; X.M. XIX 1; Ohio XVI 1; Okla. 
 XXIV 1; Ore. XVII 1; S.D. XXIII 1; Utah XXIII 1; 
 Wash. XXIII 1; W. Va. XIV 2: Wyo. XX 1.) 
 
 Same; entered "in full". (Colo. XIX 2; 111. XIV 2; 
 
 Ky. 256.) 
 Votes on proposed amendments taken by yeas and nays and 
 
 entered on journals. (Ala. XVIII 2S7 ; Tex. XVII 1.) 
 Same; entered "in full". (Mo. XV 2.) 
 Resolution to be passed and sent to selectmen of towns and 
 
 assessors of plantations. (Me. X 2 (1914).)
 
 12 State Constitutions 
 
 AMENDMENT OR REVISION OF CONSTITUTION (-Cont'd] 
 Pboposed i;v One Legisiatube (Cont'd) 
 Action by Legislature (Cont'd) 
 Votes Requin d 
 
 Majority of both houses. (Minn. XIV 1.) 
 Majority of members elected to each house. (Ariz. XXI 1; 
 Ark. XIX 22; Mo. XV 2; Okla. XXIV 1; Ore. XVII 1; 
 
 S.D. XXIII 1.) 
 Majority of all members elected to each house, voting 
 separately; but no amendment to apply to or affect article 
 VII sections 1 and 3, on elective franchise, and article 
 XII sections S and 10, on education, unless proposed by 
 vote of three-fourths of members elected to each house. 
 
 (X.M. XIX 1.) 
 Two-thirds of both houses. (Me: X 2 (1014).) 
 Two-thirds of members elected to each house. (Cal. XVIII 
 1; Colo. XIX 2: Oa. XIII Sec. I 1: 111. XIV 2: Kan. 
 XIV 1: La. 325; Mich. XVII 1; Mont. XIX 9; Tex. 
 XVII 1: Utah XXIII 1: Wash. XXTII 1; YV.Va. XIV 2.) 
 Two-thirds of all members of each of the two houses, voting 
 
 separately. (Ida. XX 1; Wyo. XX 1.) 
 Two-thirds of each house on each day for three several days. 
 
 (Miss. XV 273.) 
 Three-fifths of each house of legislature. (XX. XIII 2.) 
 Three-fifths of members elected to each house. (Ala. XVIII 
 284; Fla. XVII 1: Ky. 256; Md. XIV 1; Xel.r. XV 1; 
 
 Ohio XVI 1.) 
 Submission to Electorate 
 By 1\~lio»i Submitted 
 
 By secretary of state. (Ariz. XXI 1; Okla. XXIV 1: Ore. 
 
 XVII 1.) 
 Duty of legislature to provide by law for submitting. 
 
 (VY.Va. XIV 2.) 
 By legislature. (Cal. XVIII 1; Ida. XX 1; S.D. XXIII 1; 
 
 Wyo. XX 1.) 
 By Whom Election < 1 <i]]c<] 
 
 Legislature. (Ala. XVIII 2S4. i 
 \ otice 
 
 No provision for notice. (X.C. XIII 2; Okla. XXIV 1; 
 
 Ofe. XVII 1.) 
 Proclamation of governor giving notice of election, together 
 with proposed amendments, published in each county in 
 manner prescribed by legislature for eight successive weeks 
 preceding election. (Ala. XVIII 284.) 
 1 mil method of publicity otherwise provided by law. amend- 
 ment published by secretary of state in one newspaper in 
 each county for 90 days, in manner prescribed by law. 
 
 (Ariz. XXI I.) 
 Amendmenl published in one newspaper in a county for 
 six months preceding election. (Ark. XIX 22.)
 
 Index Digest 13 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Cont'd 
 Proposed by One Legislature (Cont'd) 
 Submission to Electorate (Cont'd) 
 Notice (Cont'd) 
 
 Such publication as legislature deems expedient. (CaL 
 
 XVIII 1.) 
 
 Amendment published with laws of session, and published by 
 
 secretary of state in full in not more than one newspaper 
 
 in each county for four successive weeks previous to 
 
 election. (Colo. XIX 2.) 
 Amendment published in one newspaper in each county for 
 
 three months preceding election. (Fla. XVII 1.) 
 Legislature to cause amendment to be published in one or 
 more newspapers in each congressional district for two 
 months previous to election. (Ga. XIII Sec. I 1.) 
 Legislature to cause amendment to be published without 
 delay in one newspaper in each county for six consecutive 
 weeks prior to election. (Ida. XX 1.) 
 Amendment published in full three months before election. 
 
 (111. XIV 2.) 
 Amendment published by secretary of state in one news- 
 paper in each county three months before election. (Kan. 
 
 XIV 1.) 
 
 Amendment and time of election published by secretary of 
 
 state 90 days before election, in manner prescribed by 
 
 law. (Ky. 257.) 
 Amendment published by secretary of state in two news- 
 papers of parish of Orleans and in one newspaper in every 
 other parish for two months preceding election. (La. 325.) 
 By selectmen of towns and assessors of plantations. (Me. 
 
 X 2 (1914).) 
 Amendment published by governor in two newspapers in 
 each county and three in Baltimore, one to be in German, 
 once a week for three months preceding election. (Md. 
 
 XI\ 1.) 
 
 Amendment published in full, with existing provisions of 
 
 constitution which would be altered or abrogated thereby; 
 
 copy posted at each registration and election place. 
 
 Printed in full on ballots. (Mich. XVII 3.) 
 
 Amendment published with laws of session. (Minn. XIV 1.) 
 
 Public notice by secretary of state three months preceding an 
 
 election. (Miss. XV 273.) 
 Amendment published with laws of session and weekly in 
 newspaper in each county for four consecutive weeks pre- 
 ceding election. (Mo. XV 2.) 
 Amendment published by secretary of state in one news- 
 paper in each county for three months previous to elec- 
 tion. (Mont. XIX 0.) 
 Amendment published once each week in one newspaper 
 in each county for three months preceding election. 
 
 (Nebr. XV 1.)
 
 14 State Constitutions 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Cont'd) 
 Pboposed by One Legislature (Cont'd) 
 Submission to Electorate (Cont'd) 
 jfoi Cont'd) 
 
 Amendment published by secretary of state in one news- 
 
 paper in each county in English and Spanish for four 
 
 consecutive weeks, last publication to be not more than 
 
 two weeks prior to election. (N.M. XIX 1.) 
 
 Amendment published once a week for five weeks in one 
 
 newspaper in each county. (Ohio XVI 1.) 
 Amendment published 12 weeks previous to election, in 
 
 manner prescribed by legislature. (S.D. XXIII 1.) 
 Amendment published once a week for four weeks com- 
 mencing at least three months before election in one 
 weekly newspaper in each county. I Tex. XVII 1.) 
 Legislature to cause amendment to be published in one 
 newspaper in each county for two months preceding elec- 
 tion. (Utah XXIII 1.) 
 Legislature to caii3e amendment to be published three months 
 preceding election in weekly newspaper in each county. 
 Legislature to provide methods of publicity with argu- 
 ments so that each voter shall receive publication at least 
 50 days before election. (Wash. XXIII 1. II 1(d).) 
 Legislature to cause amendment to be published in one 
 newspaper in each county three months before election. 
 
 (W.Va. XIV 2.) 
 
 Legislature to cause amendment to be published without 
 
 delay for at least 12 consecutive weeks prior to election 
 
 in one newspaper of general circulation in each county. 
 
 (Wyo. XX 1.) 
 Time of Holding Election 
 
 Selectmen of towns and assessors of plantations to notify 
 inhabitants " in the manner prescribed by law at the next 
 biennial meetings in the month of September or to meet 
 in tlie manner prescribed by law for calling and holding 
 biennial meetings of said inhabitants for the election of 
 senators and representatives, on the second Monday in 
 September following the passage of said resolve". (Me. 
 
 X 2 (1914).) 
 
 At next general election, (Ga. XIII Sec. I 1; Ida. XX 1; 
 
 Md. XIV 1: Mo. XV 2; N.C. XIII 2; S.D. XXIII 1; 
 
 Utah XX HI 1; Wash. XXIII 1; W.Va. XIV 2; Wyo. 
 
 XX 1.) 
 At next general election, except when legislature orders 
 
 special election. (Ariz. XXI 1.) 
 At next regular general election, except when legislature 
 
 orders special election. (Ore. XVII.) 
 Al next regular genera] election except where legislature 
 shall order ;i special election by two-thirds vote. (Okla. 
 
 XXIV 1.)
 
 Index Digest 15 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Cont'd) 
 Proposed by One Legislature [^Cont'd] 
 Submission to Electorate {Cont'd) 
 
 Time of Holding Election (Cont'd) 
 
 At next general election or at a special election held on day, 
 fixed by legislature, not less than three months after 
 adjournment of legislature. (Ala. XVIII 284.) 
 At next regular election after adjournment of legislature or 
 at a special election held not less than six months after 
 adjournment, at time prescribed by law. (N.M. XIX 1.) 
 At next election of members of legislature. (111. XIV 2; 
 
 Nebr. XV 1.) 
 At next general election for members of legislature. (Ark. 
 
 XIX 22; Colo. XIX 2; Mont. XIX 9.) 
 At next general election for members of lower house. (Fla. 
 
 XVII 1; Kan. XIV 1.) 
 At next general election for members of lower house pro- 
 viding that such election does not occur less than 90 
 days after final passage of resolution. (Ky. 256.) 
 At election for members of lower house or representatives 
 
 in Congress to be designated by legislature. (La. 325.) 
 At next spring or autumn election, as legislature directs. 
 
 (Mich. XVII 1.) 
 At a general or a special election as legislature may pre- 
 scribe. (Ohio XVI 1.) 
 Any general election. I Minn. XIV 1.) 
 To be specified by legislature. (Cal. XVIII 1; Tex. XVII 1.) 
 
 Conduct of Election 
 
 As prescribed by law. (Cal. XVIII 1; 111. XIV 2; Ky. 256; 
 
 Mo. XV 2; X.C. XIII 2.) 
 Amendment to be submitted in form prescribed by legisla- 
 ture. (Md. XIV 1.) 
 Election held according to law of general elections; if held 
 on general election day, officers to open a poll for vote on 
 amendment; if on other day, officers to be appointed. 
 
 (Ala. XVIII 2S4.) 
 Amendment submitted on separate ballot without party 
 
 designation of any kind. (Ohio XVI 1.) 
 Amendment to be printed in full on ballots and ballots must 
 be separate from those containing names of nominees for 
 
 public office. (Mieh. XVII 3.) 
 Substance or subject matter of amendment to be so printed 
 that nature thereof shall be clearly indicated; ballots 
 must contain " yes " and " no " and choice must be indi- 
 cated by a cross mark made by voter or under his direc- 
 tion. (Ala. XVIII 2S5.) 
 
 Qualifications of Voters 
 
 Voters must be qualified to vote for members of legislature. 
 (Ga. XIII Sec. I 1; Mich. XVII 1; Tex. XVII 1.)
 
 i OF CO - '< 
 
 ■ 
 
 - 
 ■ 
 rti- and 3 
 
 ■ 
 
 ■ 
 
 - 
 
 -- 
 
 X 
 
 ■ 
 
 M.l XI\" I.J 
 XVII 
 
 - 
 - 
 
 XVII 
 - 
 - in elei.' 
 Will 2f 
 ■ 
 
 n XIV 1.) 
 
 •■I. | Ala. XVIII JS4-. Ky. 
 UV I; <•••.. WII 1 ; VII 1; 
 
 Wash. XXII I 
 ■Iment 
 
 K ■ K
 
 Index Digest 17 
 
 AMENDMENT OR REVISION OF CONSTITUTION 
 Pk - 
 
 so biloic, this title, Provisions Common xo Legislate: Fro- 
 
 . - 
 States Requiring, i Conn. XI: Ind. XVI 1; Iowa X: Ma— Ax nd. 
 IX: KeT. XVI 1: X.T. IX: X.Y. XIV 1: X.D. XV . _ XVIII 
 
 1: R.I. XIII: Tenn. XI 3: Vt. 11 68; Va. XV 196; Wis. XII 
 First Legislature 
 Proced 
 
 May be proposed in either house. Ind. X" \ '. : 
 
 Masa Amend. IX: Ner. XVI 1 : X.J. IX: X.Y. XIV 1; 
 X.D. XV -2>yl: Pa. XVIII 1; Tenn. XI 3: Va. X 
 
 Wis. XI 1 
 Proposed by lower boos .. XI.) 
 
 A: the fifth biennial session of legislature following that of 
 191 - at the - -- very tenth year, senate may pro- 
 
 tmendments. Vt. II I 5S 
 Entere<l on journals of each house. (Vt. II I S 
 Entered on journals of each house with yeas and nays. I Ind. 
 XVI i: fanra X 1: Mass. Amend. IX: Xev. XVI 1; X. J. 
 IX: X.Y. XIV 1: X.D. XV 202; Fa. XVIII 1: Tenn. XI 3: 
 
 Va. XV 196: Wis. XII 1.) 
 Read three times on three several days in each fa 
 
 Tenn. XI 
 Yot<:s Required 
 
 Majority of members elected to each h"iise. i Ind. XVI 1: 
 IowaX 1: Xev. XVI 1; X.J. IX: X.V. XIV 1: X.D. XV 
 202; Fa. XVIII 1; R.I. XIII: Tenn. XI 3: Va. XV ] 
 
 Wis. XII 
 T\vr.-thirds of senate and majority of lower house. 
 
 II I - 
 Majority f -^-nators and two-thirds of members of lower 
 
 house present and voting. (Mass. Amend. IX.) 
 Majority of lower house Coma. XI. I 
 Second Legislature 
 
 Designation of Legislature 
 
 Xext legislature. (Conn. XL i 
 
 Legislature next to 1 sen. (Mass. Amend. IX: Nev. 
 
 XVI 1: ST.J. IX: Fa. XVIII 1; R.l. XIII: Tenn. XI 3: 
 
 Vt. II I - 
 Legislature to !•<■ chosen at next general election. (Ind. 
 
 XVI 1; Iowa X 1: X.D. XV 202; Wis. XII 1. 
 Legislature at first regular session after next general elec- 
 tion of members of l"\ver house, Va. XV 1! 
 Legislature to be chosen at next general election of - 
 
 \ Y. XIV 1.) 
 
 Xotice Before Election of Legislature 
 
 Amendment to be published. | Mas-. Amend. IX. 
 Amendment published in principal newspaper-. (Vt. II % 
 Amendment published with laws of the session. (Conn. XI.)
 
 18 State ( 'institutions 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Cont'd) 
 Proposed b? Two Legislatures (Cont'd) 
 Second Legislature {Cont'd) 
 
 Notice Before Election of Legislature (Cont'd) 
 
 Amendment published in newspapers and printed copies sent 
 by secretary of state, with names of all members voting 
 with yeas and nays, to town and city clerks. Amendments 
 to be submitted in warrants for next annual town or ward 
 meetings in April and read to electors with votes cast 
 
 in the legislature. (R.I. XIII.) 
 
 Amendment published for three months before election. 
 
 (Xev. XVI 1; X.Y. XIV 1; Va. XV 196; Wis. XII 1.) 
 
 Amendment published, as provided by law, for three months 
 
 before election. (Iowa X 1; X.D. XV 202.) 
 Amendment published for three months before election in 
 
 at least one newspaper in each county. (X.J. IX.) 
 Amendment published by secretary of state for three months 
 before next general election in at least two newspapers in 
 
 each county. (Pa. XVIII 1.) 
 Amendment published six months before election. (Tenn. 
 
 XI 3.) 
 Procedure 
 
 Amendment to be read three times on three several days in 
 
 each house. (Tenn. XI 3.) 
 Votes by yeas and nays. (Conn. XI.) 
 Votes Required 
 
 Majority of all members elected to each house. (Ind. XVI 
 1; Iowa X 1; Xev. XVI 1; N.J. IX; X.Y. XIV 1; X.D. 
 XV 202; Pa. XVIII 1; R.I. XIII; Va. XV 196; Wis. 
 
 XII 1.) 
 Two-thirds of all members elected to each house. (Tenn. 
 
 XI 3.) 
 Two-thirds of each house. (Conn. XL) 
 
 Majority of senators and two-thirds of lower house present 
 
 and voting. (Mass. Amend. IX.) 
 Majority of senate and of lower house. (Vt. II 68.) 
 Submission to Electorate 
 By Whom [submitted 
 
 Legislature. (Ind. XVI 1; Iowa X 1; Mass. Amend IX; 
 Xev. XVI; X.J. IX; X.D. XV 202; Tenn. XI 3; Vt. II 68; 
 
 Va. XV 196; Wis. XII.) 
 Town clerk to submit proposals to inhabitants of towns at 
 
 town meeting. (Conn. XL) 
 Manner of Submission 
 
 Provided by legislature. (Iowa X 1; Xev. XVI 1; X.J. IX; 
 
 X.Y. XIV 1; X.D. XV 202; Pa. XVIII 1; R.I. XIII; 
 
 Vt. II 68; Va. XV 196; Wis. XII 1.) 
 
 Legislature to pass laws necessary to procure fair vote and 
 
 to carry into effect all the provisions of this section. (Vt. 
 
 II 68.)
 
 Index Digest 19 
 
 AMENDMENT OR REVISION OF CONSTITUTION {Cont'd) 
 Proposed by Two Legislatures (Cont'd) 
 Submission to Electorate {Cont'd) 
 Time of Holding Election 
 
 At time prescribed by legislature. ( Iowa X 1 ; Nev. XV 1 ; 
 N".Y. XIV 1; N.D. XV 202; R.I. XIII; Tenn. XI 3; 
 
 Va. XV 196; Wis. XII 1.) 
 
 At special election at time prescribed by legislature, at 
 
 least four months after adjournment of legislature. 
 
 (N.J. IX.) 
 
 At time prescribed by legislature, at least three months 
 
 after being agreed upon by legislature. (Pa. XVIII 1.) 
 
 At meeting held for that purpose. (Conn. XI; Mass. 
 
 Amend. IX.) 
 Notice of Election 
 
 Proposed amendment to be published by secretary of state 
 for three months before election in two newspapers in 
 
 each county. (Pa. XVIII 1.) 
 Proposition for amendment to be published in mode provided 
 
 in the act of approval. (R.I. XIII.) 
 Meetings " legally warned ". ( Mass. Amend. IX. ) 
 Town meetings ''legally warned". (Conn. XI.) 
 Qualifications of Voters 
 
 Those may vote who are qualified to vote for members of 
 legislature. (Iowa X 1; Nev. XVI 1; X.J. IX; N.D. XV 
 
 202; Va. XV 196.) 
 Freemen of the state. (Vt. II 6S.) 
 
 " Citizens of state voting for members of lower house." 
 
 (Tenn. XI 3.) 
 
 Votes Required to Adopt 
 
 Majority of those voting on amendment. (Iowa X 1; Mass. 
 Amend. IX; Nev. XVI 1; N.J. IX; N.Y. XIV 1; N.D. XV 
 202; Pa. XVIII 1; Vt. II 6S; Va. XV 196; Wis. XII 1.) 
 Majority of electors. (Ind. XVI 1.) 
 
 Majority of electors present at town meetings. (Conn. XI.) 
 A majority " voting for members of lower house, voting in 
 
 favor" of the amendments. (Tenn. XI 3.) 
 Three-fifths of those voting on the amendments. (R. I. 
 
 XIII.) 
 Proposed by Legislature, Adopted by People and Ratified by Xext 
 
 Legislature 
 Amendment may be proposed in either house, passed by two-thirds 
 of members elected to each house, entered upon journals with yeas 
 and nays. Submitted to electors qualified to vote for members of 
 legislature, at next general election for members of lower houses 
 Ratified by majority of electors voting upon the amendment. 
 Adopted by majority of each branch of next legislature by yea 
 and nay vote after the election and before another. All amend- 
 ments shall be read three times on three several days in each 
 
 house. (S.C. XVI 1.)
 
 20 S i atk Constitutions 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Cont'd) 
 Provisions Common to Legislative Proposals 
 Submission to Governor 
 
 Submission for approval of governor of a bill proposing an 
 amendment is not necessary. (Ala. XVIII 287, V 125; Ky. 
 256,; Miss. IV 60; Mo: V 14; R.I. Amend. XV 1.) 
 Frequency of Submission 
 
 Legislature not to propose amendments oftener than once in six 
 
 years. (Tenn. XI 3.) 
 Xo amendment or amendments shall be submitted oftener than 
 
 once in five years. (N.J. IX; Pa. XVIII 1.) 
 Same amendment may not be again submitted within five years 
 
 after submission. (Ky. 256.) 
 Legislature may not propose amendments to same article oftener 
 
 than once in four years. ( 111. XIV 2. ) 
 No additional amendments to be proposed while amendment 
 agreed upon by one legislature is waiting for action of next 
 legislature or of electors. (Ind. XVI 2.) 
 Limit on Number at Same Time 
 
 No more than two amendments may be submitted at same time. 
 
 (Ky. 256.) 
 No more than three amendments may be submitted at same 
 
 time. (Ark. XIX 22; Kan. XIV l;Mont. XIX 9.) 
 Amendments may not be submitted to more than one article at 
 
 same session. (111. XIV 2.) 
 Legislature not to propose amendments to more than six arti- 
 cles at same session. (Colo. XIX 2.) 
 Subject Matter 
 
 Each amendment shall relate to no more than one subject. (Ky. 
 
 256.) 
 No amendment shall be passed which will change the representa- 
 tion in legislature from a basis of population. (Ala, XVIII 
 
 2S4.) 
 Separate Vote 
 
 Every amendment must be voted upon separately when two or 
 more are submitted at same time. (Ariz. XXI 1: Ark. XIX 22; 
 Fla. XVII 1; Ga. XIII Sec. I 1; Ida. XX 2; Ind. XVI 2; Iowa 
 X 2; Kan. XIV 1; Ky. 256; La. 325; Md, XIV 1; Minn. XIV 
 1; Miss. XV 273; Mo." XV 2; Nebr. XV 1; N.J. IX; N.M. XIX 
 1; N.T). XV 202; Ohio XVI 1; Okla. XXIV 1; Ore. XVII 1; 
 Pa. XVIII 1; S.C. XVI 2; S.D. XXIII 1; Tex. XVII 1; Utah 
 XXIII 1; Wash. XXIII 1; W.Va. XIV 2; Wis. XII 1; Wyo. 
 XX 2.) 
 Amendments must be so prepared and distinguished by numbers 
 or otherwise thai each can be voted upon separately. (Cal. 
 
 XVIII 1; Mont. XIX 9.) 
 If more than one amendment submitted, each voted on separ- 
 ately, and votes cast separately counted " the same as though 
 but one amendment was submitted ". (Colo. XIX 2.) 
 Legislature to enact laws necessary to procure "free and fair 
 vote upon each amendment proposed". (Vt. II 68.)
 
 Index Digest 21 
 
 AMENDMENT OR REVISION OF CONSTITUTION (CnnCd, 
 Provisions Common to Legislative Proposals (Con I'd) 
 Time Amendment Takes Effect 
 
 January first, after approval by people. (NY. XIV 1.) 
 
 Upon proclamation by governor that necessary majority was in 
 
 favor of amendment. (Md. XIV 1; Ore. XVII 1.) 
 From time of ratification by voters. (W.Va. XIV 2.) 
 Inserted as part of constitution by next succeeding legislature 
 after popular ratification. (Miss. XV 273.) 
 Amendments Coincidently Proposed by Legislature and Convention 
 Amendment proposed by a convention relating to same subject as 
 one proposed by legislature, coincidently submitted to people, 
 shall, if approved, be deemed to supersede the amendment so pro- 
 posed by legislature. (X.Y. XIV 3.) 
 
 CONVENTION 
 
 There arc no provisions for constitutional conventions in the fol- 
 lowing states: Arkansas, Connecticut, Indiana, Louisiana, Massa- 
 chusetts, Mississippi, New Jersey, North Dakota, Pennsylvania, 
 
 lilt ode Island, Texas and Vermont. 
 Specification of Purpose of Convention 
 
 Revision of entire constitution. (Xev. XVI 2.) 
 
 To revise constitution. (Cal. XVIII 2; Fla. XVII 2; Minn. 
 
 XIV 2; N.H. II 98; S.D. XXIII 2.) 
 General revision. (Mich. XVII 4.) 
 
 To revise and amend. ( Del. XVI 2 ; Iowa X 3 ; Mo. XV 3 ; N.Y. 
 
 XIV 2; Va. XV 197.) 
 To revise or amend. (Ida. XX 3; X.M. XIX 2; Utah XXIII 2; 
 
 Wash. XXIII 2; Wyo. XX 3.) 
 To revise, amend or change. (Ga. XIII Sec. I 2; Kan. XIV 2; 
 
 Nebr. XV 2; S.C. XVI 3.) 
 
 To revise, amend or change ( if question of convention submitted 
 
 by legislature) ; revise, alter or amend (if question submitted 
 
 at 20-year intervals). (Ohio XVI 2, 3.) 
 
 To revise, alter or amend. (Ala. XVIII 2S6; Colo. XIX 1; 111. 
 
 XIV 1; Mont. XIX 8.) 
 Same; or propose new constitution. (Ariz. XXI 2; Okla. XXIV 
 
 2.) 
 To revise or change. (Wis. XII 2.) 
 To readopt, revise or amend. (Ky. 258.) 
 To alter, reform or abolish. (Tenn. XI 3.) 
 To alter. (Md. XIV 2; W.Va. XIV 1.) 
 To amend or propose amendments. (Ore. XVII 1.) 
 To amend. (Me. IV Pt. Ill 15.) 
 Not stated. (N.C. XIII 1.) 
 Held if Legislature Requires 
 
 Legislature may call convention by two-thirds concurrent vote 
 
 of both branches. I Me. IV Pt, III 15.) 
 No convention to be called by legislature to revise, amend or 
 change constitution unless by concurrence of two-thirds of 
 members of each house. (Ga. XIII Sec. I 2.)
 
 22 State Constitutions 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Cont'd) 
 I vi-:.\ I [ON [Cont'd) 
 Vote of Electorate Prerequisite 
 
 Question Submitted at Stated Intervals 
 
 Legislature to provide by law for submitting question to 
 people in 1887 and every 20 years thereafter. (Md. 
 
 XIV 2.) 
 Selectmen and assessors of several towns and places of state 
 in warning first annual meeting for choice of senatora 
 after expiration of seven years from adoption of con- 
 stitution as amended, to insert expressly in the warrant 
 this purpose, to wit: to take the sense of the voters on 
 subject of revision of constitution; same method to be 
 observed afterward at the expiration of every seven years. 
 
 (X.H. II 98, 99.) 
 
 Question Submitted at Stated Intervals and at Discretion of 
 
 Legislature 
 At general election in 1S70 and each tenth year thereafter, 
 and at such times as legislature may provide. (Iowa X 3.) 
 At general election in 1916 and every twentieth year there- 
 after, and at such times as legislature may by law pro- 
 vide. (X.Y. XIV 2.) 
 At general election in 1926, in each sixteenth year thereafter 
 and at such other times as may be provided by law. 
 
 (Mich. XVII 4.) 
 At general election in 1932 and each twentieth year there- 
 after, and at any other time by two-thirds vote of members 
 elected to each house. (Ohio XVI 2, 3.) 
 No convention called by legislature unless law providing 
 for convention is approved by the people on a referendum, 
 vote; question to be submitted to people at least once 
 every 20 years. (Okla. XXIV 2.) 
 
 Question Submitted at Discretion of Legislature 
 
 Convention proposed by legislature at any time by law. 
 
 (Mo. XV 3; Tenn. XI 3.) 
 There shall be no convention to amend or to propose amend- 
 ments without approval of people at a regular general 
 
 election. (Ore. XVII 1.) 
 
 Xo convention called by legislature to propose alterations, 
 
 revisions or amendments or to propose new constitution, 
 
 •unless laws providing for convention approved by people 
 
 on a referendum vote. (Ariz. XXI 2.) 
 
 Convention proposed by majority of senate and lower house. 
 
 (Wis. XII 2.) 
 I < nvention proposed by majority of members elected to 
 
 each house. (Va. XV 197; W.Va. XIV 1.) 
 Same; passed by two consecutive legislatures by yea and nay 
 vote, entered on journals; law entered on journals. (Ky. 
 
 258.)
 
 Index Digest 23 
 
 AMENDMENT OR REVISION OF CONSTITUTION [Gimt'd) 
 
 Convention ( ('on t'd) 
 
 Vote of Electorate Prerequisite (Gonf.d) 
 
 Question Submitted at Discretion of Legislature (Cont'd) 
 
 No convention to be held to alter or amend constitution 
 unless after legislature, by vote of majority of members 
 elected to each house, lias passed act or resolution calling 
 convention, question of convention ox no convention shall 
 be first submitted to electors and approved. Act or 
 resolution calling convention not to be repealed, except on 
 vote of majority of members elected to each house at 
 same session at which passed. (Ala. XVIII 286.) 
 Convention proposed by two-thirds of members elected to 
 each branch. (Cal. XVIII 2: Colo. XIX 1; Ida, XX 3; 
 Kan. XIV 2; Minn. XIV 2: Mont. XIX 8; Xev. XVI 2; 
 S.C. XVI 3; S.D. XXIII 2; Utah XXIII 2; Wash. XXIII 
 
 2; Wyo XX 3.) 
 Same; act need not be approved by governor. (Del. XVI 
 
 2, 4.) 
 
 Convention proposed by concurrence of two-thirds of all the 
 
 members of each house. I X.C. XIII 1.) 
 
 - Convention proposed by two-thirds of members of each house, 
 
 by vote entered on journals. (111. XIV 1.) 
 
 Convention proposed by two-third* of all members of both 
 
 houses; vote entered on journals with yeas and nays. 
 
 (Fla. XVII 2.) 
 
 Convention proposed by three-fourths of members elected 
 
 to each house at any time during first 25 years after 
 
 adoption of constitution and two-thirds of members elected 
 
 to each house, after that time. (X.M. XIX 2.) 
 
 Convention proposed by three-fifths of members elected to 
 
 each branch. (Xebr. XV 2.) 
 
 Exclusiveness of Method 
 
 Convention not to be called except as provided in constitution. 
 
 (Mo. XV 3; Va.XV 197; W.Va. XIV 1.) 
 
 Submission to Electorate 
 Notice of Election 
 
 Published weekly in one newspaper in every county for 
 three months preceding election and if no newspaper is 
 published in a county, by posting in polling precincts six 
 weeks preceding election. (Fla. XVII 2.) 
 Selectmen and assessors of several towns and places in state 
 in warning meeting for choice of senators, to insert ex- 
 pressly in warrant " this purpose among others for the 
 meeting, to wit: to take the sense of the qualified voters 
 on the subject of revision of constitution''; meeting must 
 be " warned accordingly and not otherwise ". (X.H. II 98.) 
 Published by secretary of state as provided by law sub- 
 mitting question. i Ky. 263.)
 
 24 State Constitutions 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Cont'd) 
 Convention i Cont'd) 
 
 Submission to Electorate (Cont'd \ 
 Time of Election 
 
 At general election in 1870, and in each tenth year there- 
 after, and at snch times as legislature may provide. 
 
 (Iowa X 3.) 
 At general election, in 1887 and every 20 years thereafter. 
 
 (Md. XIV 2.) 
 At general election in 1916 and every twentieth year there- 
 after, and also at such times as legislature may by law 
 
 provide. iX.Y.XIV 2.) 
 At general election in 1926 and every sixteenth year there- 
 after, and at such times as may be provided by law. 
 
 (Mich. XVII 4.) 
 At '"general election" in 1932 and every twentieth year 
 thereafter; at next election for members of legislature, 
 if question submitted by legislature. (Ohio XVI 2, 3.) 
 At first annual meetings for choice of senators after ex- 
 piration of seven years from adoption of constitution as 
 amended, and at expiration of every seven years there- 
 after. (N.H, II 98, 99.) 
 At next general election. ( Cal. XVIII 2; Colo. XIX 1; 
 Del. XVI 2; Ida. XX 3; 111. XIV 1; NiM. XIX 2; N.C. 
 XIII 1; Utah XXIII 2; Wash. XXIII 2: Wyo. XX 3.) 
 At next election for members of legislature. (Kan. XIV 2; 
 
 Nebr. XV 2: Xev. XVI 2; S.D. XXIII 2; Wis. XII 2.) 
 At next general election for members of legislature. (Minn. 
 
 XIV 2.) 
 At next election for members of lower house. ( Fla. XVII 2 ; 
 
 S.C. XVI 3.) 
 
 At next regular election for state officers or members of 
 
 lower house which does not occur within 90 days. 
 
 (Ky. 258.) 
 
 Polls to be opened on day specified by legislature, not less 
 
 than three months after passage of law, for purpose of 
 
 taking sense of voters. (W.Va. XIV 1.) 
 
 At a regular general election. (Ore. XVII 1.) 
 
 At a regular or special election. (Ariz. XXI 2; Okla. 
 
 XXIV 2.) 
 As legislature may direct. (Mo. XV 3; Mont. XIX S; Va. 
 
 XV 197.) 
 Qualifications of Voters 
 
 Electors voting must be qualified to vote for members of 
 Legislature. (Iowa X 3; Mich. XVII 4; Va. XV 196.) 
 Ballots 
 
 Question of "convention or no convention" shall be first 
 
 submitted. (Ala. XVIII 2S6; N.C. XIII 1.) 
 Question submitted '•Shall there be a convention to revise 
 the constitution and amend the same?" (Del. XVI 5; 
 Iowa X 3; X.Y. XIV 2; Va. XV 197.)
 
 Index Digest 25 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Qifa¥-d) 
 Convention ( Con t'd ) 
 
 Submission to Electorate (Cont'd) 
 Ballots (Cont'd) 
 
 Question "'.Shall there be a convention to revise, alter or 
 
 amend the constitution" (in case of question submitted 
 
 at 20-year intervals) ; no provision in case of question 
 
 submitted by legislature. (Ohio XVI 2.) 
 
 Ballots must be separate from the regular election ballots. 
 
 (Del. XVI 5.) 
 Separate ballots without party designation (in case of ques- 
 tion submitted by legislature) ; no provision where ques- 
 tion submitted at 20-year intervals. (Ohio XVI 2.) 
 Conduct of Election 
 
 Moderator to take sense of qualified voters present. (N\H. 
 
 II 98.) 
 
 Legislature to provide for having poll opened in each voting 
 
 precinct by officers provided by law for holding general 
 
 elections; votes taken in manner provided by law for other 
 
 state elections. (Ky. 25S.) 
 
 Returns 
 
 Legislature shall provide for counting votes for or against 
 a convention, and for returning to legislature at next 
 session the state of such vote. (Del. XVI 3.) 
 Votes certified to secretary of state by same officers and in 
 
 same manner as in state elections. (Ky. 258.) 
 Return of number of votes made by the clerks sealed up and 
 directed to legislature at next session. (N.H. II 98.) 
 Votes Necessary 
 
 Majority voting on question. ( Gal. XVIII 2 ; Colo. XIX 1 ; 
 Del. XVI 2; Fla. XVII 2; Iowa X 3; Mo. XV 3; Mont. 
 XIX 8; N.M. XIX 2; N.Y. XIV 2; Ohio XVI 2, 3; Tenn. 
 XI 3 j Va. XV 197; W.Va. XIV 1; Wis. XII 2.) 
 Majority voting on question, if total number of votes cast in 
 favor is equal to one-fourth the number of qualified voters 
 voting in last preceding general election. (Ky. 258.) 
 Majority voting at election. (Ala. XVII 2S6; Ida. XX 3; 
 111. XIV 1; Kan. XIV 2; Md. XIV 2; Mich. XVII 4; Minn. 
 XIV 2; Nebr. XV 2; S.C. XVI 3; S.D. XXIII 2; Utah 
 XXIII 2; Wash. XXIII 2; Wyo. XX 3.) 
 Majority voting at election; in determining what this mirn- 
 ber is, reference to be had to highest number of votes cast 
 at election for candidates for any office or on any question. 
 
 (Xev. XVI 2.) 
 Majority of votes cast. (N.C. XIII 1.) 
 
 " Majority of qualified voters of state present and voting at 
 
 meetings." (X.H. II 98.) 
 "Approved by the people." (Ariz. XXI 2; Okla. XXIV 2.) 
 Declaration of Result 
 
 Secretary of state to certify to legislature at next regular 
 
 session. (Kv. 25S.)
 
 26 State Constitutions 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Cont'd. 
 Contention [Cont'd) 
 
 Legislature to Provide for Convention 
 
 Provision for a convention must be made, by the legislature at its 
 next session after popular ratification. (Cal. XVIII 2; Colo. 
 XIX 1; Del. XVI 2; Ida. XX 3; 111. XIV 1; Iowa X 3; Kan. 
 XIV 2; Md. XIV 2; Mont. XIX 8; Minn. XIV 2; Xebr. XV 2; 
 N'cv. X\ 1 2; X.M. XIX 2; Ohio XVI 2, 3; S.C. XVI 3; S.D. 
 XX III 2; Utah XXIII 2; Va. XV 197; Wash. XXIII 2; Wis. 
 
 XII 2; Wyo. XX 3.) 
 Same; next "regular" session. (Ky. 258.) 
 Provision for convention must be made, by legislature chosen at 
 
 election when question submitted. (Fla. XVII 2.) 
 If it appears to legislature by return of votes that sense of 
 people has been taken and that h\ opinion of majority of 
 qualified voters in state present and voting at meetings there 
 is necessity for revision, it shall be duty of legislature to call 
 convention, " otherwise " legislature to direct sense of people 
 to be taken and then proceed in same manner. (X.H. II 98.) 
 Delegates to be chosen and convention to assemble in mode and 
 
 manner as shall be prescribed. (Term. XI 3.) 
 Act calling convention need not be approved by governor. (Ala. 
 
 XVIII 287; Del. XVI 4.) 
 Time of Holding 
 
 First Tuesday in April after election of delegates. (X.Y. XIV 2.) 
 First Tuesday in .September after election of delegates. (Del. 
 
 XVI 2; Mich. XVII 4.) 
 Within six months after legislature passes law providing for 
 
 convention. (Fla. XVII 2; Xev. XVI 2.) 
 Within 90 days after election of delegates. (Ky. 260.) 
 Within three months after election of delegates. (Cal. XVIII 2; 
 
 Minn. XIV 2; Xebr. XV 2; Ohio XVI 2; S.D. XXIII 2.) 
 Xot less than three months after ratification upon day and hour 
 that legislature directs. (Colo. XIX 1; HI. XIV 1; Mont. 
 
 XIX 8.) 
 At time legislature directs. (Mo. XV 3; N.C. XIII 1.) 
 
 Place of Holding 
 
 At state capital. (Del. XVI 2; Ky. 260; Mich. XVII 4; X.Y. 
 
 XIV 2.) 
 Where the legislature directs. (Cal. XVIII 2; Colo. XIX 1; 111. 
 
 XIV 1; Mo. XV 3; Mont. XIX 8.) 
 Delegates 
 
 A umber and Apportionment 
 
 Not less than double the most numerous branch of the legis- 
 lature. (Ida. XX 3; Wyo. XX 3.) 
 Xot less than number of members in both branches of legis- 
 lature. (Xev. XVI 2; Utah XXIII 2.) 
 Not to exceed that of both branches of the legislature. ( Cal. 
 
 XVIII 2.)
 
 Index Digest 27 
 
 AMENDMENT OR REVISION OF CONSTITUTION {Cont'd) 
 Convention (Cont'd) 
 Delegates (Cont'd) 
 
 Number and Apportionment (Cont'd) 
 
 Each county and legislative district of Baltimore to have 
 number equal to representation in both houses of legisla- 
 ture. (Md. XIV 2.) 
 Not less than the must numerous branch of the legislature. 
 
 (Wash. XXIII 2.) 
 Equal to most numerous branch of legislature. (S.C. XVI 
 
 3.) 
 At least as many as lower house. (N.M. XIX 2.) 
 Same as lower house of legislature. (Minn. XIV 2; Nebr. 
 
 XV 2; Ohio XVI 2; S.D. XXIII 2.) 
 Same; elected from same districts as members of lower 
 
 house. (Fla. XVII 2; Ky. 259; Mont. XIX 8.) 
 Proportioned as members of lower house. (N.H. II 98.) 
 Double that of senate, elected from same districts as sen- 
 ators. (111. XIV 1; Colo. XIX 1.) 
 Three delegates from each senatorial district. (Mich. 
 
 XVII 4.) 
 Each senatorial district to elect two for each senator to 
 
 which entitled. (Mo. XV 3.) 
 Three delegates from each senate district and 15 dele- 
 gates at large. (N.Y. XIV 2.) 
 Forty-one; one elected from each representative district, two 
 from. New Castle county, two from Sussex county, two 
 from Kent county. (Del. XVI 2.) 
 Eepresentation in convention based on population as near 
 as practicable. (Ga. XIII Sec. I 2.) 
 Qualifications 
 
 Same as for members of legislature. (Cal. XVIII 2.) 
 Same as for senators. (Colo. XIX 1; 111. XIV 1; Mo. XV 3; 
 
 Mont. XIX 8.) 
 Same as for members of lower house. (Ky. 259.) 
 Convention to be judge of qualifications of its members. 
 (Del. XVI 2; Ky. 262; Mich. XVII 4; N.Y. XIV 2.) 
 Calling Election 
 
 Governor to issue writs to sheriffs ordering electing of dele- 
 gates. (Mo. XV 3.) 
 Time of Election 
 
 At next biennial spring election. (Mich. XVII 4.) 
 At next general election for members of lower house. (N.Y. 
 
 XIV 2.) 
 Legislature at next session after popular vote in favor of 
 a convention to provide for election of delegates at next 
 general election. (Del. XVI 2.) 
 At next general state election which does not occur within 
 less than 90 days after passage of act calling conven- 
 tion. (Ky. 200.)
 
 28 State Constitutions 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Cont'd) 
 
 * <<\\ rxrniN ( Cont'd) 
 Delegates (Cont'd) 
 
 Tim* of Eh ction I Cont'd) 
 
 Members of convention not to be elected until at least one 
 month after result of vote on calling of convention is 
 
 published. (W.Va. XIV 1.) 
 Fixed by governor; not less than three and within six 
 months after popular ratification. (Mo. XV 3.) 
 
 Manner of Election 
 
 Chosen in same manner as members of legislature. (Cal. 
 
 XVIII 2; N.H. II 98.) 
 Chosen in same manner as members of senate. (Mo. XV 3.) 
 Same; adds " at same places ". (Colo. XIX 1; 111. XIV 1.) 
 Chosen in same manner as members of lower house. (Minn. 
 
 XIV 2; Nebr. XV 2; S.D. XXIII 2.) 
 Same; adds "at same places". (Mont. XIX 8.) 
 Nominated by nominating petitions only and voted for upon 
 independent and separate ballots without emblem or party 
 designations; chosen as provided by law. (Ohio XVI 2.) 
 Legislature in act calling convention, to provide for compar- 
 ing polls and giving certificates of election to delegates 
 
 elected. (Ky. 261.) 
 Contested Elections 
 
 Convention to judge of election, returns and qualifications 
 of its own members. (Del. XVI 2; Mich. XVII 4; X.Y. 
 
 XIV 2.) 
 
 Convention shall be judges of election and qualification of its 
 
 members and determine contested elections, but legislature 
 
 shall provide for taking testimony and for issuing a writ 
 
 of election in case of tie. (Ky. 262.) 
 
 Vacancies, Boiv Filled 
 
 As in legislature. (Colo. XIX 1; 111. XIV 1; Mont. XIX 8.) 
 By electors of district or county from which delegate chosen; 
 
 governor to issue writ of election. (Del. XVI 2.) 
 By appointment by governor of qualified resident of same 
 
 district. (Mich. XVII 4.) 
 
 By vote of remaining delegates in district, and in case of 
 
 delegates at large, by vote of remaining delegates at large. 
 
 (N.Y. XIV 2.) 
 Oath of Office 
 
 To support Constitution of United States and of state, and 
 to perform duties faithfully. (Colo. XIX 1; 111. XIV 1; 
 
 Mont. XIX 8.) 
 Compensation 
 
 As provided by law. (Del. XVI 2.) 
 
 Legislature to fix and provide for payment in act calling 
 convention. (Colo. XIX 1; 111. XIV 1; Ky. 261; Mont, 
 
 XIX 8.)
 
 Index Digest 29 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Confdi 
 Convextiox {Cont'd) 
 Delegates (Cont'd) 
 
 Compensation ( Cont'd) 
 
 One thousand dollars and same mileage as members of legis- 
 lature, but compensation may be increased by law. (Mich. 
 
 XVII 4.) 
 Same compensation and same mileage as annually payable to 
 members of lower house. (N.Y. XIV 2.) 
 Quorum 
 
 Majority of delegates elected. (Mich. XVII 4.) 
 Majority of convention. (Del. XVI 2; N.Y. XIV 2.) 
 Powers 
 
 Xothing herein contained shall be construed as restricting juris- 
 diction and power of convention when duly assembled to estab- 
 lish such ordinances and do and perform such things as to 
 the convention may seem necessary or proper for the purpose 
 of altering, revising or amending constitution. (Ala. XVIII 
 
 286.) 
 Procedure 
 
 Convention shall determine its own rules. (Del. XVI 2; Mich. 
 
 XVII 4; N.Y. XIV 2.) 
 Officers 
 
 Convention shall appoint its own officers, employees and assist- 
 ants, and fix their compensation. (Del. XVI 2; Mich. XVII 
 
 4; N.Y. XIV 2.); 
 Pay fixed and payment provided for by legislature in act calling 
 convention. (Colo. XIX 1; 111. XIV 1; Mont. XIX 8.) 
 Printing 
 
 The convention shall provide for the printing of its documents, 
 
 journals, and proceedings. (Mich. XVII 4; N.Y. XIV 2.) 
 Same; adds "debates". (Del. XVI 2.) 
 Expenses 
 
 Legislature to provide in act calling convention, for payment of 
 its necessary expenses. (Colo. XIX 1; 111. XIV 1; Mont. 
 
 XIX 8.) 
 Votes Necessary for Submission of Amendments by Convention 
 
 Assent of majority of delegates elected; yeas and nays to be 
 entered on journal. (Mich. XVII 4; N.Y. XIV 2.) 
 
 Adjournment 
 
 After completion of its business. (Ky. 200; Mich. XVII 4; 
 
 N.Y. XIV 2.) 
 Adoption of Convention's Proposals 
 Time of Holding Election 
 
 On first Monday in April following final adjournment pro- 
 viding 90 days intervene and if not, at next general 
 
 election. (Mich. XVII 4.) 
 At next general election. (Utah XXIII 3.) 
 At general or special election. (Ariz. XXI 2; Okla. XIV 2.) 
 At special election to be determined by legislature. (Cal. 
 
 XVIII 2.)
 
 30 State Constitutions 
 
 AMENDMENT OR REVISION OF CONSTITUTION (Cont'd) 
 ( i.\\ 1 \ i iti.\ [Cont'd) 
 
 Adoption of Convention's Proposals (Cont'd) 
 Timt of Holding Election (Cont'd) 
 
 Time fixed l>y convention not less than six weeks aftefr 
 
 adjournment of convention. (X.Y. XIV 2.) 
 At election appointed by convention for that purpose not 
 leas than two noi more than six months after adjourn- 
 ment. (Coin. XIX 1; 111. XIV 1; Mont, XIX S.) 
 ( onstitution to be submitted at time fixed in it, not less 
 than 60 days nor more than six months after adoption 
 
 by convention. (Mo. XV 3.) 
 Mwnnt r of Election 
 
 Determined by law. (Cal. XVIII 2.) 
 
 Determined by convention. (Mich. XVII 4; X.Y. XIV 2.) 
 Returns certified, in manner directed by convention, to execu- 
 tive of state, who, aided by the comptroller, treasurer and 
 secretary of state, canvasses returns. (Cal. XVIII 2.) 
 Votes Necessary 
 
 Majority voting on question. (Ariz. XXI 2; Cal. XVIII 2; 
 Md. XIV 2; Mich. XVII 4; Mo. XV 3; Xebr. XV 2; N.Y. 
 XIV 2; Ohio XVI 3; Okla. XXIV 2.) 
 Majority voting at the election. (Colo. XIX 1; 111. XIV 1; 
 
 Mont.' XIX 8; Utah XXIII 3.) 
 Two-thirds of qualified voters " present and voting " upon 
 
 question. (X.H. II 98.) 
 Constitution adopted by convention must be ratified, but 
 no provision as to majority necessary. (Ida. XX 4; N\M. 
 XIX 2; Wash. XXIII 3; W.Va. XIV 1; Wyo. XX 4.) 
 Declaration of Result 
 
 Proclamation by governor proclaiming ratification of 
 amendment or revision. (Cal. XVIII 2; Mo. XV 3.) 
 Revision to Take Effect 
 
 On January first after approval. (Mich. XVII 4; X.Y. XIV 2.) 
 Thirty days after popular ratification. (Mo. XV 3.) 
 Legislature authorized and directed to fix time when alterations 
 and amendments shall take effect and make arrangements 
 
 accordingly. (N.H. II 97.) 
 
 ANNEXATION OF TERRITORY, See Territorial Jurisdiction. 
 APPEALS, >■ - Coukts. 
 APPRAISERS, STATE BOARD OF 
 
 1 ompoeed of auditor and one member from each congressional district to 
 lie elected by the governor^, lieutenant-governor, treasurer, attorney- 
 general and secretary of state, to hold office for four years; compensa- 
 tion fixed by law: to assess property belonging to corporations, associa- 
 tion- and individuals employed in railroad, telegraph, telephone, sleep- 
 ing ear and express business in state. (La. 226.) 
 Members removed for high crimes and misdemeanors, non-feasance or mal- 
 feasance in office, incompetency, corruption, favoritism, extortion or 
 oppression in office, gross misconduct and habitual drunkenness, by 
 district court of domicile; detailed provisions for bringing suit, costs, 
 
 appeals, etc. (La. 222.)
 
 Index Digest 31 
 
 APPRENTICES 
 
 No male over 21 or female over 18 to be holden by law to serve any 
 person as apprentice unless bound by own consent after arriving at 
 such age, or bound by law for payment of debts, damages, fines, costs 
 
 APPROPRIATIONS « tb " *? < Vt Z L > 
 
 For provisions requiring an appropriation as a justification for paying out 
 
 state's money, See State Finances — Expenditures. 
 For provisions respecting state budget, See State Finances, and See 
 
 below, this title, Bills — Contents. 
 Purpose 
 
 For provisions requiring specification of purpose in bills making 
 appropriations, See beloiv, this title, Bills — Contents — Specifi- 
 cation of Purpose. 
 For specific authorizations or prohibitions of appropriations for speci- 
 fied subject, See that subject. 
 As to appropriations for agricultural experiments, See Agriculture. 
 As to appropriations for canals, See Canals. 
 
 As to appropria,tions for charitable, educational or benevolent pur- 
 poses, See " Charities " and " Education ". 
 For provisions forbidding appropriations to pay claims not previously 
 
 authorized, See State Finances • — Claims Against State. 
 As to appropriations for private, denominational or sectarian schools, 
 
 See Education. 
 As to appropriations for historical monuments, See History. 
 As to appropriations for bureau of immigration, See Immigration. 
 As to appropriations for internal improvements, See Internal Im- 
 provements. 
 As to appropriations for militia, See Militia. 
 
 As to power of state to become stockholder in or subscribe to stock 
 of company, association or corporation, See " Public Property " 
 
 and " Banks ". 
 
 As to appropriations in aid of churches or other religious purpose, 
 
 See Religion. 
 
 As to appropriations for public highways, See Roads. 
 
 As to appropriations for erection state capital buildings, See Seat of 
 
 Government. 
 
 As to appropriations for pensions, See Soldiers and Sailors. 
 
 "No appropriations for private or individual purposes shall be made". 
 
 (Tex. XVI 6.) 
 
 Appropriations by legislature to be in following order: (1) Interest 
 on bonded state debt falling due during term of legislature; (2) 
 sinking fund not less than $250,000 annually; (3) free public 
 school purposes; (4) cost assessing and collecting revenue; (5) 
 payment of civil list; (6) support of eleemosynary state institu- 
 tions: (7) compensation of members of legislature and such other 
 purposes not prohibited as may be deemed necessary; legislature 
 not to give priority to succeeding over a preceding item as here 
 enumerated; and not to appropriate for any purpose whatever 
 until "respective sums necessary for the purposes" set forth in 
 the provisions fixing order of appropriations have been set apart 
 
 and appropriated. (Mo. IV 43.)
 
 State Constitutions 
 
 APPROPRIATIONS [Cont'd) 
 Amount 
 
 For provisions requiring specification in bills of amounts appropri- 
 ated. See below, thin title, Bills — Contents — Specification of 
 
 ■Amount. 
 For provisions requiring publication of statement of amounts ap- 
 propriated by each legislative session, See Auditor. 
 
 General 
 
 Xo money to be drawn from treasury except by appropriation 
 which specifies in dollars and cents maximum amount which 
 may be drawn under it. I Ark. V 29.) 
 Each legislature to provide appropriations for expenses of gov- 
 ernment until end of first fiscal quarter after adjournment of 
 next succeeding regular session. (111. IV 18; Nebr. Ill 19.) 
 
 Limited to Revenue 
 
 No appropriation to be made or expenditure authorized by legis- 
 lature whereby state expenditures during fiscal year shall 
 exceed total tax then provided for by law and applicable to 
 such appropriation or expenditure unless legislature, making 
 such appropriation, provides for levying sufficient tax not ex- 
 ceeding limit of rate for state purposes to pay such appropria- 
 tions or expenditures within such fiscal year; this does not 
 apply to appropriations or expenditures to suppress insurrec- 
 tion, defend state or assist in defending United States in 
 time of war. (Colo. X 16; Ida. VII 11; Mont. XII 12; Utah 
 
 XIII 9.) 
 Annual appropriation for ordinary and contingent expenses of 
 government not to exceed revenue authorized to be raised dur- 
 ing period for which appropriation made. (111. IV 18.) 
 Appropriations for deficiencies not to exceed " the amount of 
 revenue authorized by law to be raised " in period for which 
 appropriations are made. (Nebr. Ill 19.) 
 Increase of 
 
 The amount of annual appropriation for ordinary and contingent 
 expenses of government not to be increased without two-thirds 
 vote of members elected to each house. (111. IV 18.) 
 Publication 
 
 Auditor to publish amounts of. (Miss. IV 113.) 
 Contingencies 
 
 Legislature may place contingent fund at disposal of executive 
 who shall report at each session amount expended and purposes. 
 
 (Md. Ill 32.) 
 Bills 
 
 For provisions respecting application of initiative and referendum to 
 
 bills containing, See Initiative and Referendum. 
 As to time limit on introduction of bills, See Legislative Procedure 
 
 — Introduction of Bills. 
 As to inti in of appropriation bills at special sessions, See 
 
 Legislative Procedure.
 
 Index Digest 33 
 
 APPROPRIATIONS {Cont'd) 
 Bills (Cont'd) 
 In General 
 
 No money to be appropriated except by bill. (Minn. IV 12.) 
 Not to bo made in any private bill. (111. IV 1(5.) 
 Contents 
 
 For provision that bills contain only one subject but excepting 
 
 general appropriation bills, See Legislative Procedure. 
 General Appropriation Bill 
 
 To be for expenses of government only. (Colo. V 19.) 
 " May embrace various subjects and accounts for and on 
 account of which moneys are appropriated." (Mo. IV 28; 
 
 Tex. Ill 35.) 
 
 Nothing other than appropriations required to pay salaries of 
 
 state officers, expenses of government and of institutions 
 
 under exclusive state control and management. (Cal. IV 
 
 29.) 
 Nothing but appropriations for ordinary expenses of execu- 
 tive, legislative and judicial departments of state. (Ark. 
 
 V 30.) 
 
 Same; with addition of interest on public debt and schools. 
 
 (Ala. IV 71; Colo. V 32; Miss. IV 69; Mont. V 33; N.D. 
 
 II 62; Okla. V 56; Pa. Ill 15; Wyo. Ill 34.) 
 
 Same; with addition of provision for interest on public debt 
 
 for public schools and for state institutions. (Ariz. IV 
 
 20; S.D. XII 2.) 
 Same; with addition of provision for payment of public debt 
 and interest thereon and support of public institutions and 
 educational interests of state (Oa. Ill Sec. VII 9.) 
 Same, with addition of provision for interest and sinking 
 fund payments on public debt, for public schools and other 
 expenses required by existing law. (N.M. IV 16.) 
 Laws making appropriations for salaries of public officer's 
 and other current expenses of state not to contain pro- 
 visions on any other subject. (Fla. Ill 30; Ore. IX 7.) 
 If such bill contain matters other than those authorized by 
 constitution, only so much thereof as is forbidden by con- 
 stitution to be void. (N.M. IV 16.) 
 No salary of officer or employee to be increased in such bill 
 and no appropriation therein to be made for such salary 
 unless the employment and amount of salary previously 
 provided for by law. (Ala. IV 71; Okla. V 56.) 
 To embrace nothing but appropriations for ordinary expenses 
 of government, pensions, public debt and interest thereon, 
 public schools, public roads, public charities and all state 
 
 institutions. (La. 55.) 
 
 Salary Bill 
 
 Laws making, for salaries of public officers and other current 
 expenses of state not to contain provisions on any other 
 subject. (Fla. Ill 30; Ore. IX 7.) 
 
 2
 
 ,34 State Constitutions 
 
 APPROPRIATIONS (Cont'd) 
 Bills (Confd) 
 
 Contents (Cont'd) 
 
 Salary Bill {Cont'd) 
 
 Bills containing for pay of members and officers of legislature 
 and for salaries of officers of government not to contain 
 provision on any other subject. (111. IV 16; Nebr. Ill 19; 
 
 W.Va. VI 42.) 
 Specific Appropriations 
 
 All appropriations other than those in general appropriation 
 
 bill to be by separate bills. (N.M. IV 16.) 
 All appropriations other than those contained in general 
 appropriation bill to be by separate bill each embracing 
 but one subject. (Ala. IV 71; Ariz. IV 20; Ark. V 30; 
 Colo. V 32; Ga. Ill Sec. VII 9; La. 55; Miss. IV 69; 
 Mont. V 33; N.D. II 62; Okla. V 56; Pa. Ill 15; S.D. 
 
 XII 2; Wyo. Ill 34.) 
 
 Except general appropriation bill not to contain more than 
 
 one item and that for a single and certain purpose to be 
 
 expressed therein. (Cal. IV 34.) 
 
 Except general appropriation bill appropriation bills to be 
 
 for single purpose to be expressed therein. (Cal. IV 34.) 
 
 Legislation 
 
 Legislation not to be engrafted on; but conditions on which 
 money to be drawn and for what purposes paid may be 
 
 prescribed. (Miss. IV 69.) 
 " No provision or enactment shall be embraced in the 
 annual appropriation or supply bill, unless it relates 
 specifically to some particular appropriation in the bill; 
 and any such provision or enactment shall be limited in 
 its operation to such appropriation." (NYY. Ill 22.) 
 
 Specification of Puiyose 
 
 To be for specific purpose and no appropriation shall be 
 made " under the head or title of contingent, nor shall any 
 officer or department of government receive any amount 
 from the treasury for contingencies or for a contingent 
 
 fund". (La. 56.) 
 Law making, continuing or reviving appropriation to dis- 
 tinctly specify object to which to be applied and not suffi- 
 cient to refer to any other law to fix such sum. (Mo. X 
 
 19.) 
 
 Law making, continuing or reviving to distinctly specify 
 
 object to which to be applied. (N.Y. Ill 21; Okla. V 55; 
 
 Wash. VIII 4.) 
 
 No money to be paid from treasury except on appropriation 
 
 the purpose of which is distinctly stated in the bill. (Ark. 
 
 V 29.) 
 
 Every bill making appropriation to distinctly specify object 
 
 thereof. (111. V 16; Md. Ill 32; N.M. IV 30; S.C. IV 23.)
 
 Index Digest 35 
 
 APPROPRIATIONS {Confd) 
 
 Bills (Cont'd) 
 
 Contents (Cont'd) 
 
 Specification of Amount 
 
 Every law making appropriations to distinctly specify sura 
 
 appropriated. (Md. Ill 32; N.M. IV 30.) 
 No appropriation bill to be passed which does not fix 
 definitely maximum sum thereby authorized to be drawn 
 
 from treasury. (Miss. IV 63.) 
 Law making, continuing or reviving appropriation to dis- 
 tinctly specify sum appropriated and not sufficient to 
 refer to any other law to fix such sum. (Mo. X 19; N.Y. 
 
 Ill 21; Okla. V 55; Wash. VIII 4.) 
 
 Appropriation bills to specify in distinct items and sections 
 
 amounts appropriated to each specified purpose. (111. V 
 
 16; S.C. IV 23.) 
 Itemizing 
 
 General appropriation bill to be " so itemized as to show for 
 what account each and every appropriation shall be 
 
 made". (La. 55.) 
 
 Appropriations for clerical and other expenses of state 
 
 auditor of public accounts, treasurer and secretary of state 
 
 to specify each item of appropriation and not to exceed 
 
 specified limit. (La. 82.) 
 Quorum for Passage 
 
 On bills making, continuing or reviving appropriations three- 
 fifths of members elected to each house required. (N.Y. Ill 
 
 25; Wis. VIII 8.) 
 Vote Required for Passage 
 
 " No law granting a donation, or gratuity, in favor of any 
 person or object " to be enacted except by concurrence of two- 
 thirds of " members elect of each branch " of legislature. 
 
 (Miss. IV 66.) 
 Two-thirds of members elected to each house for passage of bills 
 appropriating money to private or local purposes. (Iowa III 
 31; Mich. V 24; N.Y. Ill 20; R.I. IV 14.) 
 Two-thirds of both houses for passage of appropriations except 
 those to raise means for payment of just debts of state, to 
 defray necessary expenses of government, sustain common 
 schools, repel invasion and suppress insurrection. (Ark. V 31.) 
 Two-thirds of all members of each house for passage of appro- 
 priations for purposes other than those required to be made 
 in general appropriation bill. (S.D. XII 2.) 
 Affirmative vote of majority of members elected to each house 
 for passage of bills making, continuing or reviving appropria- 
 tion. (Va. IV 50.) 
 Majority of all members elected to each house. (Ky. 46; Miss. 
 
 IV 64.) 
 On appropriations to supply deficiencies, two-thirds of members 
 elected to each house. (Nebr. Ill 19.)
 
 36 State Constitutions 
 
 APPROPRIATIONS (Cont'd) 
 BHXS (Cont'd) 
 
 Record of Vote 
 
 Ayes and noes to be taken in each house on final passage of 
 
 appropriation bill. (Tenn. II 21.) 
 Not to become law unless on passage yeas and nays in each 
 
 house recorded. (Ga. Ill Sec. VII 12.) 
 On final passage in each house of bills making, continuing or 
 reviving, question to be yeas and nays duly entered on journal. 
 fX.Y. Ill 25; Va. IV 50; Wis. VIII 8.) - 
 
 Time of Taking Effect 
 
 As to the time of taking effect of bills generally, See Legislative 
 
 Procedure. 
 
 As to postponement of the taking effect of bills to give time for 
 
 referendum petition thereon, and the effect of these provisions 
 
 on appropriation bills, See Initiative and Referendum. 
 
 General appropriation bill immediately upon passage and 
 
 approval. (N.M. IV 23.) 
 
 Veto of Items 
 
 Veto of Bills Generally, See Legislative Procedure — Veto of 
 
 Bills. 
 Referendum on Items, See Initiative and Referendum. 
 Presentation of Bill to Governor 
 
 Bills embracing distinct items of appropriations to be pre- 
 sented to governor before becoming law; items not dis- 
 approved to be law. (Okla. VI 12; W.Va. VII 15.) 
 
 Power to Veto 
 
 Governor may object to one or more items of appropriation 
 bill while approving balance of bill. (Ala. V 126; Ariz. 
 V 7; Ark. VI 17; Cal. IV 16; Colo. IV 12; Del. Ill 18; 
 Fla. IV 18; Ga. V Sec. I 16; Ida. IV 11; 111. V 16; Kan. 
 II 14; Ky. 88; La. 77; Md. II 17; Mich. V 37; Minn. IV 
 11; Miss. IV 73; Mo. V 13; Mont. VII 13; Xebr. V 15; 
 X.J. V 7; X.M. IV 22; X.Y. IV 9; N.D. Ill 80; Ohio II 
 16; Okla. VI 12; Pa. IV 16; S.C. IV 23; S.D. IV 10; 
 Tex. IV 14; Utah VII 8; Va. V 76; Wash. Ill 12; W.Va. 
 
 VII 15; Wyo. IV 9.) 
 
 Status of Items Not Disapproved 
 
 To be law. (Ala. V 126; Ark. VI 17; Colo. IV 12; Del. Ill 
 
 18; Fla. IV 18; Ida. TV 11; La. 77; Md. II 17; Mich. V 
 
 37; Miss. IV 73; Mont. VII 13; X.M. IV 22; N.D. III 80; 
 
 Pa. IV 16; S.D. IV 10; W.Va. VII 15; Wyo. IV 9.) 
 Bill to " become a law as to the residue in like manner as 
 
 if he had signed it". (111. V 16; S.C. TV 23.) 
 To have force of law " according to the original provisions 
 
 of the bill". (Okla. VI 12.) 
 Governor's veto not to affect items to which he does not 
 
 object. (Va. V 76.)
 
 [ndex Dk.kst 37 
 
 APPROPRIATIONS (Cont'd) 
 Bills (Cont'd) 
 
 Veto of Items (Cont'd) 
 
 Status of Disapproved Items 
 
 To be void unless repassed. (Ala. V 126; Ariz. V 7; Ark. 
 
 VI 17; Cal. IV 16; Colo. IV 12; Del. Ill 18; Fla. IV 18; 
 Ga. V Sec. I 16; Ida, IV 1L; Kan. II 14; Ky. 88; La. 77; 
 Md. II 17; Mich. V 37; Minn. IV 11; Mo. V 13; Mont. 
 
 VII 13; Nebr. V 15; X.J. V 7; X.M. IV 22; X.Y. IV 9; 
 X.D. III 80; Okla. VI 12; Pa. IV 16; S.D. IV 10; Tex. 
 IV 14; Utah VII 8; Wash. Ill 12; W.Va. VII 15; Wyo. 
 
 IV 9.) 
 Method of Indicating Disapproval 
 
 At time of signing appropriation bill, governor to append 
 statement of items objected to. (Minn. IV 11; Mo. V 13; 
 X.J. V 7; X.Y. IV 9; Tex. IV 14.) 
 
 At time of signing appropriation bill, governor to append 
 statement of items objected to and his reasons. (Ariz. V 
 7; Cal. IV 16; Kan. II 14; Utah VII S; Wash. Ill 12.) 
 
 Governor to " state specifically " in writing items he dis- 
 approves " setting the same out in full in his message ". 
 
 (Ala. V 126.) 
 Communication of Disapproval to Legislature 
 
 Governor to return bill to originating house with his 
 objections to items not approved. (111. V 16; S.C. IV 23.) 
 
 If legislature in session governor to transmit to originating 
 house copv of his statement of disapproved items. (Minn. 
 IV 11; Mo. V 13; X.J. V 7; X.Y. IV 9; Tex. IV 14.) 
 
 If legislature in session, governor to transmit copy of dis- 
 approved items to originating house with his objections 
 thereto. (Colo. IV 12; X.D. Ill 80; S.D. IV 10; Wyo. 
 
 IV 9.) 
 
 If legislature in session, governor to send within five days 
 to originating house copy of items disapproved with his 
 objections. (Ida. IV 11; Mont, VII 13.) 
 
 Governor to communicate to originating house his disap- 
 proval of items and reasons therefor. (Okla. VI 12; 
 
 W.Va. VII 15.) 
 
 If legislature in session, governor to transmit to originating 
 house copy of his statement of items objected to and rea- 
 sons therefor. (Cal. IV 16.) 
 
 Governor to transmit to lower house copy*of his statement of 
 items objected to and his reasons therefor. (Kan. II 14.) 
 
 Governor to set out in full in his message the items he dis- 
 approves " but in such case the enrolled bill shall not be 
 returned with the governor's objections ". (Ala. V 126.) 
 Communication of Disapproval to Secretary of State 
 
 If legislature not in session governor to transmit copy of 
 statement of items objected to within 30 days to secre- 
 tarv of state " with his approval or reasons for disap- 
 proval •'. (Mo. V 13.) 
 
 J. d L Jd &
 
 38 State Constitutions 
 
 APPROPRIATIONS [Cont'd) 
 Bills (Confd) 
 
 Veto of Items {Cont'd) 
 
 Entry on Legislative Journals 
 
 Governor'- objections to items not approved to be entered 
 on journal of originating house which shall then proceed 
 to reconsider disapproved portions of bill. (111. V 16; 
 
 S.C. IV 23.) 
 Separate Reconsiderations 
 
 Disapproved items to be separately reconsidered. (Cal. TV 
 16; Colo. IV 12; Ida. IV 11; Minn. IV 11; Mo. V 13; 
 Mont. VII 13; N.J. V 7; N.Y. IV 9; N.D. Ill 80; S.D. 
 IV 10; Tex. IV 14; Wyo. IV 9.) 
 
 Application General Veto Prorisions 
 
 Same proceedings to be had in both houses on reconsideration 
 of disapproved items as in case of entire bill returned, by 
 governor with his objections. (111. V 16; S.C. IV 23.) 
 
 Disapproved items to be repassed according to rules and 
 limitations prescribed for passage of other bills over gov- 
 ernor's veto. (Ala. V 126; Ark. VI 17; Del. Ill 18; Fla. 
 IV 18; La. 77; Md. II 17; Mich. V 37; Okla. VI 12; Pa. 
 
 IV 16; W.Va. VII 15.) 
 
 Items disapproved by governor to be repassed over his veto 
 as in case of other vetoed bills. (Ariz. V 7; Cal. IV 16; 
 Ky. 88; Md. II 17; Nebr. V 15; N.M. IV 22; Ohio II 16; 
 
 Utah VII 8; Wash. Ill 12.) 
 
 Provisions of constitution relating to vetoed bills to apply 
 to vetoed items. (Minn. IV 11; N.J. V 7; N.Y. IV 9.) 
 
 Each item to take same course as prescribed for repassage 
 of bills over governor's veto. (Colo. IV 12; Ida. IV 11; 
 Mont. VII 13; N.D. II 80; S.D. IV 10; Wyo. IV 9.) 
 
 Items objected to by governor not to take effect except in 
 manner provided by constitution as to bills returned by 
 governor to legislature without his approval. (Va. V 76.) 
 Vote Required for Rrpassage 
 
 As t<, rote for repassage of vetoed 1>ills generally, See Legis- 
 lative Procedure — Passage Over Veto. 
 
 Majority of each house. (W.Va. VII 15.) 
 
 Majority of members elected to each house. (N.J. V 7.) 
 
 Tyo-thirds of each bouse. (Ga. V Sec. I 16; S.C. IV 23.) 
 
 Two-thirds of members present of each house. (Tex. IV 14.) 
 
 Two-thirds of members elected to each house. (111. V 16; 
 Kan. II 14; Minn. IV 11; N.Y. IV 9.) 
 
 A two-thirds vote; but this not to relieve emergency bills 
 of the requirement of a three-fourths vote. (Okla. VI 12.) 
 Q< i -ti/i- ate of Repassage 
 
 Presiding officers of each house to certify on bill the fact 
 of reconsideration and approval. (Kan. II 14.)
 
 Index Digest 39 
 
 APPROPRIATIONS (Cont'd) 
 Bills (Cont'd) 
 
 Veto of Items (Cont'd) 
 
 Status After Repassage 
 
 Item repassed to be part of law notwithstanding gov- 
 ernor's objection. (111. V 16; Kan. II 14; N.J. V 7; 
 N.Y. IV 9; S.C. IV 23; Tex. IV 14.) 
 Disapproval After Adjournment 
 
 If appropriation bill containing several items be presented 
 to governor less than 10 days, Sundays excepted, prior 
 to adjournment, and be in governor's hands time of ad- 
 journment, be has 20 days from such adjournment 
 within which to file objection to any item thereof and 
 make proclamation of same; "and such item or items 
 not to take effect". (Tex. IV 14.) 
 Period Effective 
 
 Limitation on Time of Payment 
 
 To be made within two years " next after passage " of appropriat- 
 ing act. (N.Y. Ill 21.) 
 T'o be made, or warrant issued therefor, within two years after 
 
 passage of appropriating act. (Mo. X, 19.) 
 To be made within two years from May 1st next after passage of 
 
 appropriating act. (Wash. VIII 4.) 
 To be made within two and one-half years after passage of ap- 
 propriating act. (Okla. V 55.) 
 Limitation on Life of Appropriating Act 
 
 Not to continue in force " more than six months after the meet- 
 ing of the legislature at its next regular session". (Miss. 
 
 IV 64.) 
 All appropriations general or special requiring money to be paid 
 out of state treasury from state funds to end at the termina- 
 tion of the fiscal quarter after the adjournment of the next 
 regular session. (111. IV 18.) 
 " Shall end " with fiscal quarter after expiration of next suc- 
 ceeding regular session. (Nebr. Ill 19.) 
 Limitation on Passage of Appropriating Act 
 
 Not to be made for longer term than two years. ( Ark. V 29 ; 
 
 Kan. II 24; "La. 45; Mont. XII 12: Ohio II 22: Tex. VIII 6.) 
 
 Appropriation not to be made which is payable more than two 
 
 years after end of session at which enacted. (Va. XIII 186.) 
 
 Appropriation for support of militia not to be for longer period 
 
 than two years. (Iowa I 14; Nev. I 11.) 
 Appropriation for support of militia not to be made for a 
 longer term than one year. (Ala. I 27.) 
 Transfers 
 
 No money to be diverted from any appropriation by joint or separate 
 
 resolution. (111. IV 17; Nebr. Ill 22.) 
 ARBITRATION 
 
 Legislature to provide for deciding difference by. (La. 176.) 
 Legislature to provide for deciding differences by when parties elect. 
 
 (Tex. XVI 13.)
 
 40 State Constitutions 
 
 ARBITRATION [Cont'd) 
 
 Legislature to provide for deciding differences by; arbitrators to be ap- 
 pointed by parties who may choose that mode of adjustment. (Colo. 
 
 XVIII 3; Ky. 250; S.C. VI 1.) 
 Legislature to provide for deciding differences by; arbitrators to be ap- 
 pointed by petition when parties elect. (S.C. VI 1.) 
 Courts of, See Courts. 
 In labor disputes, See Labor. 
 Arbitrators, See Courts. 
 
 ARMS 
 
 Bearing Allowed 
 
 Right of people to bear arms not to be infringed. (Ga. I Sec. I 22; 
 
 La. 8; N.C, I 24; R.I. I 22; S.C. I 26.) 
 Citizens have right to bear arms for common defense. (Ark. II 5; 
 
 Me. I 16; Tenn. I 26.) 
 Same; "people" instead of "citizens". (Mass. Pt. I 17.) 
 Citizens have right to bear arms in defense of state. (Ala. I 26; 
 Ariz. II 26; Conn. I 17; Ky. 1; Mich. II 5; Pa. I 21; S.D. VI 24; 
 
 Tex. I 23; Wash. I 24; Wyo. I 24.) 
 Same; " people" instead of "citizens". (Fla. D.R. 20; Ind. I 32; 
 
 Ore. I 27; Vt. I 16.) 
 
 Right of citizen to bear arms in aid of civil power when legally 
 
 summoned not to be questioned. (Miss. Ill 12; Mo. II 17; 
 
 Okla. II 26.) 
 
 Same; "person" instead of "citizen". (Colo. II 13; Mont. Ill 13.) 
 
 Every citizen to have right to bear arms in defense of himself. (Ala. 
 
 I 26; Ariz. II 26; Conn. I 17; Ky. 1; Miss. Ill 12; Mo. II 17; 
 
 N.M. II 6; Okla. II 26; Pa. I 21; S.D. VI 24; Tex. I 23; Wash. I 
 
 24; Wyo. I 24.) 
 
 Same; "people" instead of "citizen". (Colo. II 13; Fla. D.R. 20; 
 
 Ida. I 11; Ind. I 32; Kan. B.R. 4; Mich. II 5; Mont. Ill 13; Ohio 
 
 I 4; Ore. I 27; Utah I 6; Vt. I 16.) 
 
 Rights of citizen to bear in defense of his home, not to be questioned. 
 
 (Miss. Ill 12; Mo. II 17; Okla. II 26.) 
 Same; " person " instead of " citizen ". (Colo. II 13; Mont. Ill 13.) 
 I lights of citizen to bear in defense of his property, not to be ques- 
 tioned. (Miss. Ill 12; Mo. II 17; Okla. II 26.) 
 Same; "person" instead of "citizen". (Colo. II 13; Mont. Ill 13.) 
 Keeping Allowed 
 
 Right of people to keep arms not to be infringed. (Ga. I Sec. I 22; 
 
 La. 8; X.C. J 24; R.I. I 22; S.C. I 26.) 
 Citizens have right to keep arms in defense of state. (Tex. I 23.) 
 Citizens to have right to keep arms for the common defense. (Ark. 
 
 II 5; Me. I 16; Tenn. I 26.) 
 S;nne; "people" instead of "citizens". (Mass. Pt. I 17.) 
 Right of citizen to keep arms in defense of himself not to be ques- 
 tioned. (Miss. Ill 12; Mo. II 17; Okla. II 26; Tex. I 23.) 
 Same; - person " instead of " citizen ". (Colo. II 12; Mont. Ill 13.) 
 Right of citizen to keep in defense of his home, not to be questioned. 
 (Miss. Ill 12; Mo. II 17: Okla. II 26.)
 
 Index Digest 41 
 
 ARMS (Cont'd) 
 
 Keeping Allowed ( Cont'd) 
 
 Same; "person" instead of "citizen". (Coin. II 13; Mont. Ill 13.) 
 Right of citizen to keep in defense of his property not to be ques- 
 tioned. (Miss III 12; Mo. II 17; Okla. II 26.) 
 Same; '"person" instead of "citizen". (Colo. II 13; Mont. Ill 13.) 
 
 Manner of Wearing 
 
 Legislature may prescribe. (Fla. D.K. 20; Ga. I Sec. I 22; Okla. II 
 
 26; Utah 16.) 
 
 Legislature shall regulate this right. (Ida. I 11.) 
 Legislature may regulate carrying of arms to prevent crime. (Tenn. 
 
 I 26; Tex. I 23.) 
 Carrying concealed weapons not justified by right to bear arms. 
 
 (Colo. II 13; Mo. II 17; Mont. Ill 13; N".M. II 6; N.C. I 24.) 
 Legislature may regulate the carrying of concealed weapons. (Okla. 
 
 II 26.) 
 Legislature may regulate or forbid carrying of concealed weapons. 
 
 (Ky. B.R. 1; Miss. Ill 12.) 
 Legislature may enact penal statutes against practice of carrying 
 
 concealed weapons. (N.C. I 24.) 
 Laws may be passed punishing those carrying concealed weapons. 
 
 (La. 8.) 
 Importation or Employment of Armed Men, See Police. 
 
 ARMY, See Standing Army. 
 
 \ 
 
 ARRESTS 
 
 See Crimes. 
 Exemptions from 
 
 See Elections — Privileges of Electors. 
 
 See Legislature — Members. 
 
 See Militia 
 
 ASSEMBLY, RIGHT OF 
 Right of Citizens 
 
 Citizens have right, in peaceable manner, to assemble together for 
 common good; and to apply to those invested with powers of gov- 
 ernment for redress of grievance or other purposes, by petition, 
 address or remonstrance. (Ala. I 25; N.D. I 10; R.I. I 21; Tex. 
 
 I 27.) 
 
 Same; adds " proper " before " purposes ". (Conn. I 16; Pa. I 20.) 
 
 Citizens have right in orderly manner to meet together, and to apply 
 
 to persons intrusted with powers of government, for redress of 
 
 grievances or other proper purposes, by petition, remonstrances 
 
 or address. (Del. I 16.) 
 
 Citizens have right, in peaceable manner, to assemble together for 
 
 common good, to instruct their representatives, and to apply to 
 
 those invested with powers of government for redress of grievances, 
 
 or other proper purposes, by addresses or remonstrance. (Tenn. I 
 
 23.)
 
 4l' State Constitutions 
 
 ASSEMBLY, RIGHT OF (Cont'd) 
 Right of People 
 
 Right of petition, and of people peaceably to assemble for common 
 good, never to be abridged. (Ariz. II 5.) 
 
 Right of people peaceably to assemble to consult for common good, 
 and to petition, by address or remonstrance, government, or any 
 department thereof, not to be abridged. (Ark. II 4.) 
 
 People to have right to freely assemble together to consult for com- 
 mon good, to instruct their representatives, and to petition legis- 
 lature for redress of grievances. (Cal. I 10.) 
 
 People have right peaceably to assemble for common good, and to 
 apply to those invested with powers of government for redress of 
 grievances, by petition or remonstrance. (Colo. II 24.) 
 
 People have right to assemble together to consult for common good, 
 to instruct their representatives, and to petition legislature for 
 redress of grievances. (Fla. D.R. 15.) 
 
 People have right to assemble peaceably for common good, and to 
 apply to those vested with powers of government for redress of 
 grievances by petition or remonstrance. (Ga. I Sec. I 24.) 
 
 People have right to assemble in peaceable manner to consult for 
 common good; to instruct their representatives, and to petition 
 legislature for redress of grievances. (Ida. I 10.) 
 
 People have right to assemble in peaceable manner to consult for 
 common good, to make known their opinions to their representa- 
 tives, and to apply for redress of grievances. (111. II 17.) 
 
 No law to restrain any of inhabitants of state from assembling to- 
 gether, in peaceable manner, to consult for common good; nor 
 from instructing their representatives; nor from applying to legis- 
 lature for redress of grievances. (Cal. I 10.) 
 
 People have right freely to assemble together to counsel for common 
 good; to make known their opinions to their representatives, and 
 to petition for redress of grievances. (Iowa I 20.) 
 
 People have right to assemble in peaceable manner, to consult for 
 common good, to instruct their representatives, and to petition 
 government, or any department thereof, for redress of grievances. 
 
 (Kan. B.R. 3.) 
 
 Men have right of assembling together in peaceable manner for 
 common good, and of applying to those invested with power of 
 government for redress of grievances or other proper purposes, by 
 petition, address or remonstrance. (Ky. 1.) 
 
 People have right peaceably to assemble and apply to those invested 
 with powers of government for redress of grievances by petition or 
 
 remonstrance. (La. 5.) 
 
 People have right at all times in orderly and peaceable manner to 
 assemble to consult upon common good, to give instructions to 
 their representatives, and to request, of either department of the 
 government by petition or remonstrance, redress of their wrongs 
 and grievances. (Me. I 15.) 
 
 Every man hath right 1,, petition legislature for redress of griev- 
 ances in peaceful and orderly manner. (Md. D.R. 13.)
 
 Index Digest 43 
 
 ASSEMBLY, RIGHT OF (Cont'd) 
 Right of People (Cont'd) 
 
 People have right, in orderly and peaceable manner, to assemble 
 to consult upon common good; give instructions to their repre- 
 sentatives, and to request of legislative body, by way of addresses, 
 petitions or remonstrances, redress of wrongs done them, and of 
 grievances they suffer. (Mass. Pt. I 19.) 
 
 People have right peaceably to assemble, to consult for common 
 good, to instruct their representatives, and to petition legislature 
 for redress of grievances. (Mich. II 2.) 
 
 Right of people to assemble and petition the government on any 
 subject shall never be impaired. (Miss. Ill 11.) 
 
 People have right peaceably to assemble for common good, and to 
 apply to those invested with powers of government for redress 
 of grievances by petition or remonstrance. (Mo. II 29.) 
 
 People have right peaceably to assemble for common good, and to 
 apply to those invested with powers of government for redress 
 of grievances by petition or remonstrance. (Mont. Ill 26.) 
 
 Right of people, peaceably to assemble to consult for common good, 
 and to petition government, or any department thereof, shall 
 
 never be abridged. (Nebr. I 19.) 
 
 People have right freely to assemble together to consult for common 
 good, to instruct their representatives, and to petition legislature 
 for redress of grievances. (Xev. I 10.) 
 
 People have right, in orderly and peaceable manner, to assemble and 
 consult upon common good, give instructions to their representa- 
 tives, and to request of legislative body, by way of petition or 
 remonstrance, redress of wrongs done them, and of grievances they 
 
 suffer. (N.H. 132.) 
 
 People have right freely to assemble together to consult for com- 
 mon good, to make known their opinions to their representatives, 
 and to petition for redress of grievances. (N.J. I 18.) 
 
 No law to be passed abridging right of people peaceably to assemble 
 and to petition the government, or any department thereof. (N.Y. 
 
 I 9.) 
 
 People have right to assemble together to consult for common good, 
 to instruct their representatives, and to apply to legislature for 
 redress of grievances. But secret political societies are dangerous 
 to liberties of a free people, and should not be tolerated. (N.C 
 
 I 25.) 
 
 People have right to assemble together, in peaceable manner, to 
 consult for common good; to instruct their representatives, and 
 to petition legislature for redress of grievances. (Ohio I 3.) 
 
 People have right peaceably to assemble for own good, and to apply 
 to those invested with powers of government for redress of 
 grievances by petition, address or remonstrance. (Okla. II 3.) 
 
 No law to be passed restraining any of inhabitants of state from 
 assembling together in peaceable manner to consult for common 
 good; nor from instructing their representatives; nor from apply- 
 ing to legislature for redress of grievances. (Ore. I 26.)
 
 44 State Constitutions 
 
 ASSEMBLY, RIGHT OF (Cont'd) 
 Right of People (Cont'd) 
 
 Legislature to make nu law abridging right of people peaceably to 
 
 assemble and to petition government, or any department thereof, 
 
 for redress of grievances. (S.C. I 4.) 
 Right of petition, and of people peaceably to assemble to consult for 
 
 common good and make known their opinions, shall never be 
 
 abridged. (S.D. VI 4.) 
 Men have right to assemble peaceably, protest against wrongs, and 
 
 petition for redress of grievances. (Utah I 1.) 
 People have right to assemble together to consult for common good, 
 
 to instruct their representatives, and to apply to legislature 
 
 for redress of grievances, by address, petition or remonstrance. 
 
 (Vt. I 20.) 
 Right of petition, and' of people peaceably to assemble for common 
 
 good, shall never be abridged. (Wash. I 4.) 
 Right of people to assemble in peaceable manner, to consult for 
 
 common good, to instruct their representatives, or to apply for 
 
 redress of grievances, shall be held inviolate. (W.Va. Ill 16.) 
 Right of people peaceably to assemble, to consult for common good, 
 
 and to petition government, or any department thereof, shall 
 
 never be abridged. (Wis. I 4.) 
 Right of petition, and of people peaceably to assemble to consult 
 
 for common good, and to make known their opinions, shall never 
 
 be denied nor abridged. (Wyo. I 21.) 
 
 ASSESSMENTS FOR BENEFITS, See Taxation — Special Assessments. 
 
 ASSUMPTION OF RISK 
 
 &ee Injuries. 
 
 See Labor — Employer's Liability. 
 
 ATTAINDER 
 
 Bills of prohibited. (Ariz. II 25; Ark. II 17; Gal. I 10: Fla. D.R. 17; 
 Ga. I Sec. Ill 2; Ida. I 16; Iowa I 21; Me. Ill; Mich. II 9; Minn. 
 I 11; Ni-hr. I 16; Nev. I 15; N.J. IV Sec. VII 3; X.M. II 19; N.D. I 
 Hi; Okla. II 15; S.C. I 8; Tex. I 16; Utah I 18; Va. IV 58; Wash. I 
 
 23; W.Va. Ill 4; Wis. I 12.) 
 No person to be attainted of treason by legislature. (Ala. I 19; Wyo. 
 
 I 26.) 
 
 No person to be attainted of treason or felony by legislature. (Colo II 
 
 9; Conn. I 15; Ky. 20; Mass. Pt. I 25; Mont. Ill 9; Pa. I 18; S.D. 
 
 VI 22.) 
 No person ougiH to lie declared guilty of treason by legislature. ( Vt. II 56.) 
 No law to attaint particular persons of treason or felony ought to be 
 
 passed. (Md. D.R. 18.) 
 Not to work corruption of blood or forfeiture of estates. (Ida. V 5; Me. 
 
 I 11; N.C. IV 5.) 
 Not to work corruption of blood'; or forfeiture of estate, except during 
 
 life of offender. (Ky. 20; Pa. I 19; Del. I 15.) 
 Conviction of crime not to work corruption of blood or forfeiture of 
 
 estate, See Crimes — Punishment. 
 Effect of conviction of treason, See Treason.
 
 Index Digest 45 
 
 ATTORNEY-GENERAL 
 
 Under this heading are digested those provisions which specifically refer 
 to this officer. For provisions relating to all officers and hence to this 
 one, See the title " Public Officers ". 
 
 Appointment 
 
 By legislature or judges, See below, this title, Election. 
 By governor with advice and consent of senate. (N.J. VII Sec. 
 
 II 4.) 
 By governor with advice and consent of two-thirds of all members 
 
 of senate. (Pa. IV 8.) 
 By governor and council; nomination to be made at least three days 
 prior to appointment and majority of council necessary to appoint- 
 ment. (N.H. II 45.) 
 
 Assistants 
 
 May appoint and remove two assistant attorneys-general for state; 
 to have same qualifications as attorney -general and to perform 
 duties assigned to them by attorney-general and to receive salary 
 
 of $4,000 and of $3,500. (La. 97.) 
 May appoint deputies or assistants as may be prescribed by law. 
 
 (Md. V 3.) 
 No salary for clerical service to exceed $1,800 for each clerk. (Cal. 
 
 V 19.) 
 Governor not to employ additional counsel in any case unless au- 
 thorized by legislature. (Md. V 3.) 
 
 Bond 
 
 Of not less than double amount of money that may come into hands, 
 and not less than $50,000 ; sureties, and approval " thereof ", and 
 increase of penalties, as may be prescribed by law. (Nebr. V 25.) 
 
 Compensation 
 Salary 
 
 As to whether salary fixed may be changed by law, See beloiv, 
 
 this subdivision, Increase or Decrease. 
 To be fixed by law. (Ala. V 118; Colo. IV 19; 111. V 23; Kan. 
 
 I 15; Ky. 96; Minn. V 5; Miss. VI 173; Mo. V 24; N.Y. 
 
 V 1; N.C, III 15; Ohio III 19; Okla. VI 34; SIC. IV 24, V 
 
 28; Va. VI 107; W.Va. VII 19; Wis. VI 3.) 
 Fixed at $1,000. (S.D. XXI 2.) 
 Fixed at $1,500. (Fla. IV 29; Utah VII 20.) 
 Fixed at $2,000. (Ark. Sched. 28; Ida. IV 19; Nebr. V 24: 
 
 N.D. Ill 84; Wash. Ill 21.) 
 Fixed at $2,000 " and no more ", besides such fees as may b« 
 
 prescribed by law, not over $2,000. (Tex. IV 22.) 
 Not to exceed $2,000. (Ga. VI Sec. XIII 1.) 
 Fixed at $2,500. (Ariz. V 13.) 
 Fixed at $3,000. (Md. V 3; Mont. VII 4.) 
 Fixed at $4,000. (N.M. V 12; Okla. Sched. 15.) 
 Fixed at $5,000. (La. 97; Mich. VI 21.) 
 Fixed at $6,000. (Cal. V 19.) 
 Acting as governor, same as governor. (Ala. V 129.)
 
 40 State Constitutions 
 
 ATTORNEY-GENERAL | ( 'on t 'd 
 Compensation i Cont'd) 
 Increase or Decrease 
 In General 
 
 Allowed. (Ariz. V 13; Ida. IV 19; Md. V 3; Mont. VII 4; 
 
 N.D. Ill 84; Okla. Sohed. 15; Utah VII 20.) 
 Allowed after eight years from adoption of constitution. 
 
 (Fla. IV 29.) 
 Allowed after ten years from date of admission as state. 
 
 (N.M. V 12.) 
 Allowed, but not to exceed $2,500. (Ark. XIX 11.) 
 Increase allowed, but total not to exceed $3,500. (Wash. 
 
 Ill 21.) 
 Salary not to exceed $2,000, but legislature may change by 
 two-thirds vote of each branch. (Ga. VI Sec. XIII 1, 2.) 
 Increase prohibited. (Mich. VI 21; S.D. XXI 2.) 
 May be diminished, but not increased. (Cal, V 19.) 
 
 During Term 
 
 Increase during term of office prohibited. (Mont. VII 4.) 
 Prohibited during official term. (Ark. XIX 11; Colo. IV 
 
 19; 111. V 23; Mo. V 24; W.Va. VII 19.) 
 Prohibited during period for which elected. (Ala. V 118; 
 Cal. V 19; Kan. I 15; N.Y. V 1; N.C. Ill 15; N.D. Ill 
 84; Ohio III 19; Okla. VI 34; S.C. IV 24.) 
 Prohibited to extent that it affects salary during term. 
 
 (Ida. IV 19, V 27.) 
 Prohibited to extent that it affects salary during term, 
 unless vacancy occurs, in which case successor to receive 
 only-salary provided by law at time of election or appoint- 
 ment. (Utah VII 20.) 
 Change in salary not to affect officer then in commission. 
 
 (Ga. VI Sec. XIII 2.) 
 
 Compensation Other Than Salary 
 
 Fees as prescribed by law, not over $2,000. (Tex. IV 22.) 
 Emolument or allowance other than salary, prohibited, (N.C. 
 
 Ill 15.) 
 Salary to be in full payment for all services rendered. (N.M. 
 
 V 12.) 
 
 Salary to be in full for all services rendered in official capacity 
 
 or employment during term of office. (Cal. V 19; Ida. IV 19; 
 
 Mont. VII 4; Utah VII 20.) 
 Compensation limited to salary. (Ala. V 137; Ark. XIX 11; 
 111. V 235 Ky. 96; Mo. V 24; Nebr. V 24; N.M. V 12; N.Y. 
 V 1; Okla. VI 34; W.Va. VII 19.) 
 No! to receive additional compensation beyond salary for services 
 rendered state in connection with internal improvement fund 
 or other interests belonging to state. (Fla. IV 29.) 
 Foe- for performance of duties not to be received. (Ida. IV 19; 
 Mont. VII 4; N.M. V 12; Utah VII 20.)
 
 Index Digest 47 
 
 ATTORNEY-GENERAL (Cont'd) 
 
 COMPEN SATION ( Con t 'd ) 
 
 Compensation Other Than Salary [L'oni'd) 
 
 Fees or perquisites for performance of duties not to be received. 
 
 (Ala. V 137; Ark. XIX 11; Cal. V 19; 111. V 23; Md. V 3; 
 
 Mich. VI 21; Mo. V 24; Nebr. V 24; N.Y. V 1; Ga. VI Sec. 
 
 XIII 1; Oklal VI 34; S.D. XXI 2; W.Va. VII lit.) 
 
 Fees or perquisites for performance of duty connected with office 
 
 or for performance of additional duty imposed by law not to 
 
 be received. (Xev. XVII 5.) 
 
 Costs not to be received. (Ala. V 137; Ark. XIX 11; 111. V 23; 
 
 Mo. V 24; Nebr'. V 24; Okla. VI 34; W.Va. VII 19.) 
 
 Interest on public moneys in hands or under control, not to be 
 
 received to own use. (Nebr. V 24.) 
 
 Rewards in addition to salary prohibited. (Md. V 3.) 
 
 Payment into treasury, See below, IMs title, Fees. 
 
 Expenses 
 
 Legislature may provide for actual and necessary expenses while 
 
 traveling in state in performance of official duty. (Ida. IV 
 
 19; Utah VII 20.) 
 
 Legislature may provide for payment of actual or necessary 
 
 expenses incurred while in performance of official duty. (Ida. 
 
 V 27.) 
 Payment 
 
 Monthly on own warrant. (La. 97.) 
 
 Quarterly. (Ida. IV 19; Mont. VII 4; Nev. XVII 5; N.M. V 
 
 12; Utah VII 20.) 
 Deputies, See above, this title, Assistants. 
 
 Dual Office Holding, See below, tliis title, Qualifications and Dis- 
 qualifications. 
 Election 
 
 Under this subhead are digested those provisions which specifically 
 refer to this officer ; for provisions relating to elections in general, 
 See the title "Elections"; for provisions allowing the legislature 
 to establish offices and provide for their election or appointment, 
 
 See the title "'Public Officers". 
 Electors 
 
 Qualified electors of state. (Ala. V 114; Ark. VI 3; Colo. IV 3 
 Del. Ill 21; Ga. VI Sec. X 1; Ida. IV 2; Kan. I 1; Ky. 91 
 La. 79. 97; Md. V 1; Minn. V 1; Mont. VII 2; N.C. Ill 1 
 N.D. Ill 82; Ohio III 1; S.C. IV 24, V 28; S.D. IV 12; Tex. 
 IV 2; Utah VII 2; Va. VI 107; Wis. VI 1.) 
 Same as for governor. (Cal. V 17; Mass. Amend. 17: Miss. VI 
 
 173; Nev. V 19.) 
 Legislature to provide for election by people. (Iowa V 12.) 
 Judges of highest court. (Tenn. VI 5.) 
 Joint vote of legislature. (Me. IX 11.) 
 Time and Places 
 
 As prescribed by law. (W.Va. VII 2.) 
 
 Same as for governor. (Cal. V 17; Fla. IV 20; Ga. VI Sec. 
 X 1; Mass. Amend. 17; Miss. VI 173; Nev. V 19; N.Y. V 1, 2; 
 
 Va. VT 107.)
 
 4S State Constitutions 
 
 ATTORNEY-GENERAL (Cont'd 
 Election (Cont'd) 
 
 Time and Places (Cont'd) 
 
 Same as for members of legislature. (Ala. V 114; Ark. VI 3; 
 Ida. IV 2; Kan. I 1; Mont. VII 2; N.C. Ill 1; N.D. Ill 82 ; 
 S.D. IV 12; Tex. IV 2; Utah VII 2; Wis. VI 1.) 
 Same as for members of lower house. (La. 79.) 
 Biennially. (Me. IX 11.) 
 
 At general election. (Colo. IV 3; Del. Ill 21; N.Y. V 1, 2.) 
 At general biennial election. (Mich. VI 1.) 
 
 At general election in 1876 and every four years thereafter. 
 
 (Mo. V 2.) 
 Tuesday after first Monday in November, at places for voting for 
 
 members of legislature. (Ohio III 1.) 
 On Tuesday after first Monday in November, 1867, and every 
 
 fourth year thereafter. (Md. V 1.) 
 Tuesday after first Monday in November, 1872, and every four 
 
 years thereafter. (111. V 3.) 
 Tuesday after first Monday in November, 1876, and biennially 
 
 thereafter. (Nebr. V 1.) 
 
 At same time as governor, on first Tuesday after first Monday 
 
 in November, 1895, and every four years thereafter. (Ky. 91, 
 
 95.) 
 At town, ward and district meetings on Tuesday after first Mon- 
 day in November, 1912, and biennially. (R.I. Amend. XVI.) 
 Returns and Canvass 
 
 Contested elections, See below, this subdivision, Contested Elec- 
 tions. 
 Election in case of tie vote, See beloic, this subdivision, Tie 
 
 Vote. 
 Returns made in manner prescribed by law. (Ida. IV 2; Mont. 
 
 VII 2.) 
 Same as for governor. (Cal. V 17; Ga. V Sec. X 1; Mass. 
 
 Amend. 17; Miss. VI 173; Nev. V 19.) 
 Fact of election ascertained in same manner as governor. (Va. 
 
 VI 107.) 
 Returns transmitted to governor, who decides on election and 
 
 qualifications. (Md. V 2.) 
 Majority vote necessary to choice. (Ga. V Sec. I 5, VI Sec. 
 
 X 1.) 
 Majority of electoral votes and also majority of popular vote 
 
 necessary to choice. (Miss. VI 173, V 140.) 
 Specific provisions appear in constitution, but since same as for 
 election of governor, are not repeated here, See Governor — 
 Election. (Ala. V 115; Ark. VI 3; Colo. IV 3; 111. V 4; 
 Kan. I 2; Minn. V 2; Mo. V 3; Nebr. V 4; N.C. Ill 3; Ohio 
 III 3. 4; Tex. IV 3; Wash. Ill 4; W.Va. VII 3.)
 
 Index Digest 49 
 
 ATTORNEY-GENERAL ( Con t'd) 
 Election {Cont'd) 
 Failure to Elect 
 
 Legislature, on organization, to meet in joint convention and 
 elect, by majority vote, person to fill office, who shall serve 
 for full term and until successor elected and qualified. (R.I. 
 
 Amend. XI 3, 7.) 
 Failure to receive highest number of votes, See below, this sub- 
 division, Tie Vote. 
 Contested Elections. 
 
 Procedure in case of tie vote, See below, this subdivision, Tie 
 
 Vote. 
 
 Determined as prescribed by law. (Ida. IV 2; Mo. V 25; Mont. 
 
 VII 2.) 
 Decided by governor. (Md. V 2.) 
 
 Determined by both houses of legislature in joint session. (Tex. 
 
 IV 3.) 
 
 Determined by legislature in manner prescribed by law. (Ala. 
 
 V 115; Ga. V Sec. I 6, VI Sec. X 1; Wash. Ill 4.) 
 Determined by both houses of legislature by joint ballot in 
 
 manner prescribed by law. (Colo. IV 3; 111. V 4; Nebr. V 4; 
 
 N.C. Ill 3.) 
 
 Determined by members of both houses in joint session at first 
 
 session of legislature after election in which contest arises. 
 
 (Ark. VI 4.) 
 Contest concerning vote of county or district to be decided by 
 . majority of whole number of members of lower house by a* 
 viva voce vote recorded in journal. (Miss. V 140, VI 173.) 
 Tie Vote 
 
 Governor to designate which person to qualify. (Md. V 2.) 
 Legislature at next regular session to elect forthwith by joint 
 vote one of persons in tie. ( Ariz. V 1 ; Ida. IV 2 ; Mont. VII 
 
 2; Utah VII 2.) 
 Legislature by joint vote to elect one of persons in tie. (Cal. 
 
 V 4, 17; Colo. IV 3; 111. V 4; Kan. 12; Mo. V 3; Nebr. V 4; 
 Nev. V 4, 19; N.C. Ill 3; Ohio HI 3; Wash. Ill 4; W.Va. 
 
 VII 3.) 
 
 Legislature by joint vote to elect one of persons in tie; majo- 
 rity vote necessary to choice. (R.I. Amend. XI 3, 7.) 
 
 Legislature by joint vote to elect one of persons in tie; majority 
 of members elected necessary to choice. (Ark. VI 3.) 
 
 Legislature by joint vote without delay to elect one of persons 
 in tie. (Ala. V 115; Tex. IV 3.) 
 
 Legislature on second day of session by joint vote to elect with- 
 out debate one of persons in tie. (Conn. Amend. XXX.) 
 
 If failure to elect, or if person elected dies, legislature on or 
 before third Wednesday in January thereafter, to choose by 
 joint ballot, one of persons in tie. (Mass. Amend. 17.) 
 
 If no person has majority, legislature immediately to elect one 
 of two persons having highest vote; election by vii)a voce vote, 
 and majority of members present necessary to ehbicfe. (Ga. V 
 
 Sec*. I 5, VI Sec. XL)
 
 50 State Constitutions 
 
 ATTORNEY-GENERAL [Cont'd] 
 Election (Cont'd) 
 
 Tie Vote (Cont'd) 
 
 If no person receives majority of electoral votes and also major- 
 it v of popular vote, lower house electa one of two persons 
 having highest number of popular votes. Election by viva voce 
 vote recorded in journal. (Miss. V 141, VI 173.) 
 Election to Fill Vacancy, See below, this title, Vacancy in Office. 
 Expenses, See above, this title, Compensation. 
 Fees 
 
 As to whether fees may be received, See above, this title, Compensa- 
 tion — Compensation Other Than Salary. 
 Fees and profits to be covered into treasury. (N.D. Ill 84.) 
 Fees payable by law to be paid in advance into treasury. ( Ark. XIX 
 11; Colo. IV 19; 111. V 23; Mo. V 24; Nebr. V 24; W.Va. VII 19.) 
 Fees payable by law to be collected in advance and deposited with 
 treasurer quarterly to credit of state. (Ida. IV 19; Mont. VII 4; 
 
 Utah VII 20.) 
 Fees payable by law to be paid at once into treasury. (Ala. V 137.) 
 Fees collected to be covered into treasury. (Ky. 93.) 
 Impeachment 
 
 See also Impeachment. 
 
 For wilful neglect of duty, corruption in office, incompetency, intem- 
 perance in use of liquors or narcotics, or offense involving moral 
 turpitude in office. (Ala. VII 173.) 
 . For misdemeanor in office. (Cal. IV 18.) 
 
 For " high crimes and misdemeanors, for non-feasance or malfeasance 
 in office, for incompetency, for corruption, favoritism, extortion or 
 oppression in office, or for gross misconduct, or habitual drunken- 
 ness ". (La. 217.) 
 > For corrupt conduct in office or for crimes and misdemeanors. (Minn. 
 
 XIII 1.) 
 For high crimes or misdemeanors, and for misconduct, habits of 
 
 drunkenness, or oppression in office. (Mo. VII 1.) 
 May be impeached. (Tex. XV 2.) 
 
 For malfeasance in office, corruption, neglect of duty or other high 
 crime or misdemeanor. (Va. IV 54.) 
 Oath of Office 
 
 Form prescribed, affirmation allowed. (Minn. V 8.) 
 Administered by governor. (Md. V 2.) 
 
 Administered by governor or justice of highest court. (R.I. IX 5.) 
 Office and Public Records 
 
 Office to be kept at seat of government. (Ariz. V 1; Ark. VI 1; Kan. 
 
 Sched. 6; Mich. VI 1; N.D. Ill 82; Okla. VI 1; S.D. IV 12.) 
 Office to be kept at seat of government, but in case of invasion or 
 violent epidemics, governor may direct office to be removed tem- 
 porarily to other place. (Fla. XVI 10.) 
 Public records to be kept at seat of government. (Ariz. V 1; Colo. 
 IV 1; Tda. IV 1; 111. V 1; Mo. V 1; Mont. VII 1; KM. V 1; 
 Okla. VI 1; Utah VII 1; Wash. Ill 24.) 
 Seal of office to be kept at seat of government. (N.M. V 1.)
 
 Index Digest 51 
 
 ATTORNEY-GENERAL (Cont'd) 
 Powers and Duties 
 
 Succession to governorship, See Governor. 
 
 As prescribed by law. (Ala. V 137; Ark. VI 22; Fla. IV 22; Ga. VI 
 Sec. X 2; 111. V 1; Ky. 91, 93; Md. V 3; Mich. VI 1; Minn. V 5; 
 Mo. V 1; Nev. V 22; N.Y. V 6; N.C. Ill 13; N.D. Ill 83; R.I. 
 VII 12; S.C. IV 24, V 28; S.D. IV 13; Tex. IV 22; Utah VII 18; 
 Va. VI 107; Wash. Ill 21; W.Va. VII 1; Wis. VI 3.) 
 As prescribed by constitution or by law. (Ariz. V 1, 9; Ida. IV 1; 
 
 Mont. VII 1; Okla. VI 1; Utah" VII 1.) 
 Conservator of peace throughout state. (Del. XV 1.) 
 Information in writing when required by governor on question of 
 
 law affecting official duties of governor. (Va. V 7-4.) 
 Opinion in writing to governor and other executive officer when 
 
 requested. (Tex. IV 22.) 
 Opinion in writing when required by legislature, or either house, 
 
 governor, comptroller or state's attorney. (Md. V 3.) 
 Legal adviser of state officers. (Utah VII 18; Wash. Ill 21.) 
 Legal adviser of executive department. (Ga. VI -Sec. X 2; N.C. Ill 
 
 14.) 
 Legal adviser of governor and of officers of executive department. 
 
 (Fla. IV 22.) 
 Reporter of highest court. (Fla. IV 22; W.Va. VII 1.) 
 Reporter for the state. (Tenn. VI 5.) 
 
 Represent state in highest court in capital felonies. (Ga. VI Sec. 
 
 X 2.) 
 Represent state in all civil and criminal cases in any court when 
 
 required by governor. (Ga. VI Sec. X 2.) 
 Prosecute and defend cases in which state interested in court of 
 
 appeals or in supreme court of United States. (Md. V 3.) 
 Aid state's attorney in prosecuting suit by state in any court of 
 state, and prosecute or defend any suit on part of state which 
 legislature or governor shall direct to be prosecuted or defended. 
 
 (Md. V 3.) 
 
 To represent state in suits in highest court. (Tex. IV 22.) 
 
 Corporations, inquire into charter rights and take action in courts 
 
 to prevent from exercising power or collecting taxes, tolls, freight 
 
 or wharfage not authorized by law, and seek forfeiture of charter. 
 
 (Tex. IV 22.) 
 Superintend office in person. (Mich. VI 1.) 
 Qualifications and Disqualifications 
 Admission to Bar 
 
 Must have been practicing lawyer for five years. (Miss. VI 173, 
 
 V 154.) 
 Must have practiced law for seven years before elect inn. (Ga. 
 
 VI Sec. XIV 1.) 
 Must have been practicing lawyer eight years before election. 
 
 (Ky. 92.) 
 Must have been practicing lawyer in state for ten years. (Md. 
 
 V 4.)
 
 52 State Constitutions 
 
 ATTORNEY-GENERAL (Confd) 
 
 Qualifications and Disqualifications (Cont'd) 
 Admission to Bar (Cont'd) 
 
 Must be admitted to bar of highest court, and be in good stand- 
 ing. (Colo. IV 4; KM. V 3.) 
 Must be admitted to bar of highest court, and be in good 
 standing at time of election. (Ida. IV 3; Mont. VII 3; Utah 
 
 VII 3.) 
 Must be learned in law and have practiced law as licensed attor- 
 ney in state for five years preceding election. (La. 97.) 
 Must be learned in the law. (S.D. V 24, 25.) 
 Age 
 
 Twenty-five years. (Ariz. V 2; Colo. IV 4; Mo. V 19; N.D. Ill 
 
 82.) 
 Twenty-five years at beginning of term. (W.Va. IV 4.) 
 Twenty-five years at time of election. (Ala. V 132; S.D. V 24, 
 
 25; Utah VII 3.) 
 Twenty-six years. (Miss. VI 173, V 154.) 
 Thirty -years. (N.M. V 3; Okla. VI 3.) 
 
 Thirty years at time of election. (Ga. VI Sec. XIV 1; Ky. 91.) 
 Thirty years (at time of election?). (Ida. IV 3; Mont, VII 3.). 
 Citizenship 
 
 In United States. (Colo. IV 4; Ida. IV 3; Md. V 4; Mo. V 19; 
 Mont. VII 3; N.M. V 3; N.D. Ill 82; Okla. VI 3; S.D. V 24, 
 
 25.) 
 In United States for three years preceding election. (Ga. VI 
 
 Sec. XIV I.) 
 In United States for seven years (preceding election?) (Ala. V 
 
 132.) 
 In United States for ten years preceding election. (Ariz. V 2.) 
 In state for two years preceding election. (Ky. 91.) 
 In state for five years. (Miss. VI 173, V 154.) 
 In state for five years preceding election. (Ariz. V 2; Utah 
 
 VII 3.) 
 In state for five years preceding election (unless citizen at time 
 constitution goes into effect). (W.Va. IV 4.) 
 Dual Office Holding 
 
 Ineligible to legislature. (Ark. V 7; 111. IV 3; Me. IX 2; 
 
 N.D. II 37; S.D. Ill 3; Tenn. II 26.) 
 Ineligible to legislature, but acceptance of office to operate as a 
 
 resignation of seat in legislature. (Mass. Pt. II Ch. VI 2.) 
 Ineligible to legislature during term for which elected. (Tex. 
 
 Ill 19.) 
 
 Ineligible to office in either branch of legislature. (N.D. II 37.) 
 
 Ineligible as governor, member of legislature or councillor; but 
 
 election or appointment to office and acceptance to operate as 
 
 resignation of seat in chair, legislature or council, and vacancy 
 
 to be filled. (N.H. II 94.) 
 Not to hold other office during term of service. (W.Va. VII 4.)
 
 Index Digest 53 
 
 ATTORNEY-GENERAL (Cont'd) 
 
 Qualifications and Disqualifications {Cont'd) 
 Dual Office Holding (Cont'd) 
 
 Ineligible to other office during term of office, except member of 
 
 state board of education. (Mont. VII 4.) 
 Ineligible to other office during period for which elected. (111. 
 
 V 5.) 
 Ineligible to other state office during period for which elected. 
 
 (Nebr. V 2.) 
 
 Ineligible to other office or commission, civil or military, in state 
 
 or under other state or United States or any power. (Ark. 
 
 VI 22.) 
 
 Ineligible to office of justice of highest court or of inferior court, 
 
 county attorney, treasurer, adjutant-general, judge of probate, 
 
 register of probate, register of deeds, sheriff or deputy, clerk 
 
 of judicial court. (Me. IX 2.) 
 
 Ineligible to office of secretary of state, insurance commissioner, 
 
 treasurer, auditor, prothonotary clerk of the peace, register of 
 
 wills, recorder, sheriff or coroner. (Del. Ill 11.) 
 
 Election to and accepting seat in Congress vacates office. (Me. 
 
 IX 2; Mass. Amend. 8.) 
 
 Electoral 
 
 Must be qualified elector. (Md. V 4.) 
 
 Must be qualified elector at time of election. (Utah VII 3.) 
 Must have been qualified elector of state for three years preced- 
 ing election. (Okla. VI 3.) 
 Must have qualifications of state electors. (X.D. Ill 82.) 
 Any elector eligible. (Xev. V 19.) 
 Prior Service in Office as Disqualification 
 
 Ineligible as own successor. (Ala. V 116.) 
 
 Ineligible to re-election for four years after term for which 
 
 elected. (Ky. 93.) 
 After serving tw r o consecutive terms, ineligible to hold state 
 office for two years thereafter. (X.M. V 1 (1914).) 
 Residence 
 
 Residence during term, See beloic, this title, Residence. 
 In state for one year preceding election. (S.D. V 24, 25.) 
 In state for two years preceding election. (Ida. IV 3; Ky. 91.) 
 In state for five years preceding election. (Ala. V 132; Utah 
 
 VII 3.) 
 In state for five years preceding election or appointment. (Mass. 
 
 Amend. 17.) 
 In state continuouslv for five vears preceding election. (X.M. 
 
 V 3.) 
 Actual residence in state for five vears preceding election. (La. 
 
 97.) 
 In state for ten years. (Md. V 4.) 
 Sex 
 
 See also above, this sxibdivision, Electoral. 
 
 Must be male. (Ariz. V 2; Mo. V 19; Okla. VI 3.)
 
 .vi State Constitutions 
 
 ATTORNEY-GENERAL [Cont'd) 
 Removal 
 
 For incompetency, wilful neglect of duty or misdemeanor in office, 
 
 on conviction. (Md. VI.) 
 For cause by concurrent vote of both houses of legislature by major- 
 ity of all members elected to each house. Cause of removal 
 entered on journal of each house. Notice with copy of charges to 
 be given at least 20 days before action by either house. (Va. 
 
 VI 107, 104.) 
 By joint resolution of legislature, in which three-fourths of members 
 elected to each house concur, for incompetency, corruption, mal- 
 feasance or delinquency in office or other sufficient cause stated in 
 resolution; served with copy of charges, and hearing. (Wash. 
 
 IV 9.) 
 By governor on joint address of two-thirds of members elected to 
 
 each house of legislature for good cause. ( Ark. XV 3. ) 
 Impeachment, See above, this title, Impeachment. 
 Residence 
 
 As qualification for office, See above, this title, Qualifications and 
 
 Disqualifications. 
 At seat of government. (Ariz. V 1; Colo. IV 1; Ida. IV 1; 111. 
 V 1; Mo. V 1; Mont. VII 1; N.M. V 1; Tex. IV 22; Utah VII 1.) 
 At seat of government, except during epidemics. (Ala. V 118.) 
 Rotation in Office, See above, this title, Qualifications and Disquali- 
 fications — Prior Service in Office as Disqualification. 
 Term of Office 
 Length 
 
 Same as for governor. (Cal. V 17; Fla. IV 20; Ga. VI Sec. 
 
 X 1; Nev. V 19; Va. VI 107.) 
 During pleasure of governor. (Pa. IV 8.) 
 One year. (Mass. Amend. 17.) 
 
 Two years. (Ariz. V 1; Ark. VI 1; Colo. IV 1; Ida. IV 1; 
 Iowa V 12; Kan. I 1; Mich. VI 1; Minn. V 5; Nebr. V 1; 
 X.M. V 1 (1914); N.Y. V 1, 2; N.D. Ill 82; Ohio III 2, 
 XVII 2; R.I. Amend. XVI; S.C. IV 24, V 28; S.D. IV 12; 
 
 Tex. IV 22; Wis. VI 1.) 
 Four years. (Ala. V 116; Del. Ill 21; 111. V 1; Ky. 91; La. 
 79, 97; Md. V 1; Miss. V 173; Mo. V 2; Mont. VII 1; Okla. 
 VI 4; Utah VII 1; Wash. Ill 3; W.Va. VII 1.) 
 Five years. (N.J. VII Sec. II 4.) 
 Eight years. (Tenn. VI 5.) 
 
 To serve until successor qualified (regardless of length of term 
 specified). (Ala. V 116; Ark. VI 1; 111. V 1; Iowa V 12; 
 Kan. I 1; Ky. 91; Md. V 1; Mass. Amend. 17; Minn. V 5; 
 Mo. V 2; Mont. VII 1; Nebr. V 1; N.D. Ill 82; Ohio III 2; 
 R.I. Amend. XVI; S.C. IV 24; Tex. IV 22; Wash. Ill 3.) 
 Re-election to Same Office, See above, this title. Qualifications and 
 Disqualification^ — Pbiob Service in Office as Disqualifica- 
 tion.
 
 Index Digest 55 
 
 ATTORNEY-GENERAL (Cont'd) 
 Term of Office (Cont'd) 
 Time of Beginning 
 
 ■Same as for governor. (Cal. V 17; Fla. IV 20, 28; Ga. VI Sec. 
 
 X 1; Nev. V 19; Va. VI 107.) 
 From election and qualification. (Md. V 1.) 
 January 1st after election. (N.M. V 1; N.C. Ill 1.) 
 First Monday in January after election. (Ariz. V 1; Ida. IV 1; 
 
 Ky. 91; Mont. VII 1; Utah VII 1.) 
 First Tuesday of January after election. (R.I. Amend. XVI.) 
 First Thursday [after] first Tuesday in January after election. 
 
 (Nebr. VI.) 
 Second Monday of January after election. ( 111. V 1 ; Kan. I 1 ; 
 
 Mo. V 2; Ohio III 2; Okla. VI 4.) 
 Second Monday of January after election until otherwise pro- 
 vided by law. (Wash. Ill 4.) 
 Second Tuesday of January after election. (Colo. IV 1.) 
 First Monday after second Tuesday in January after election. 
 
 (Ala. V 116.) 
 Third Wednesday in January after election. (Mass. Amend. 17.) 
 March 4th after election. (W.Va. VII 1.) 
 Vacancy in Office 
 
 Filled by governor with advice and consent of senate. (La. 79.) 
 Filled by governor for unexpired term. (Ark. VI 22; Md. V 5.) 
 Filled by governor until successor elected and qualified. (111. V 20; 
 
 Mont. VII 7.) 
 
 Filled by governor until successor elected and qualified as provided 
 
 by law. (Colo. IV 6; Ida. IV 6; Nebr. V 20; Utah VII 10; W.Va. 
 
 VII 17.) 
 Filled by governor until next annual election and until successor 
 
 qualified. (Minn. V 4.) 
 Filled by governor until disability removed or a successor elected 
 and qualified; unsoundness of mind ascertained by supreme court 
 on suggestion of governor. (Ala. V 136.) 
 Filled by governor till disability removed or successor qualified; 
 election at first general election more than 30 days after vacancy 
 occurs, to fill for remainder of unexpired term. (N.C. Ill 3.) 
 Filled by legislature in joint convention if in session ; if not, gov- 
 ernor fills until successor elected by legislature and qualified. 
 
 (R.I. Amend. XI 5.) 
 In case attorney-general-elect dies, removes from state, refuses to 
 serve, becomes insane, or otherwise incapacitated, or if failure to 
 elect, legislature, upon its organization, to meet in joint conven- 
 tion and elect, by majority vote, person to fill the office. If elec- 
 tion by legislature is because of the failure of candidate to receive 
 plurality of votes election to be made from persons who receive 
 same and largest number of votes. Person elected serves for 
 remainder of term or full term, as case may be, and until successor 
 
 qualified. (R.T. Amend. XI 3, 7.)
 
 56 State Constitution- 
 
 ATTORNEY-GENERAL {Cont'd) 
 
 Vacam v i\ Office (Cont'd) 
 
 During session of legislature, filled by joint vote of legislature from 
 people at large; if vacancy (luring recess, filled by governor with 
 advice and consent of council. (Mass. Amend. 17.) 
 
 During recess of legislature, filled by governor with advice and con- 
 sent of council. (Me. IX 11.) 
 
 Caused by impeachment, displacement, resignation, death or inca- 
 pacity for other reason to perform duties, filled by governor until 
 disability removed and successor elected and qualified. Vacancy 
 to be filled by election at first general election more than 30 
 days after happening, and person elected to hold office for unex- 
 pired term. (Kan. I 14.) 
 
 In case of death, impeachment, resignation or other disability, filled 
 by governor until disability removed or successor elected and quali- 
 fied. Election to be held at first general election more than 30 
 days after vacancy occurs, and successor holds office for full term. 
 
 (Ohio III 18.) 
 
 When he acts as governor, unless during temporary' disability of 
 governor, vacancy filled as directed by constitution. (Del. Ill 20.) 
 
 Failure to qualify deemed to create vacancy. (Mass. Amend. 17.) 
 
 ATTORNEYS 
 
 Prosecuting attorneys, See Prosecuting Attorneys. 
 
 Admission to bar as qualification for office, See "Attorney-General", 
 
 "Prosecuting Attorneys", and throughout the title "Courts". 
 Eight to counsel, See Courts — Counsel, Right to. 
 Every person of good moral character, being a voter, shall be entitled to 
 
 admission to practice law in all courts. (Ind. VII 21.) 
 Attorneys-at-law licensed to practice in any court of territory, or in any 
 
 of United States courts for Indian Territory, or any court of record of 
 
 the Five Civilized Tribes, eligible to practice in any court of state 
 
 without examination. (Okla. Sched. 33.) 
 Oath of office prescribed for members of bar. (Ky. 228; S.C. Ill 28.) 
 Highest court to have power of disbarment, under rules adopted by 
 
 court. (La. 85.) 
 AUDITOR 
 
 Under this h ending are digested those provisions ndiieli specifically refer 
 to this officer. For provisions relating to all officers and hence this 
 one. Bee the title "Public Officers". For provisions relating to 
 comptroller (under which title this officer is hnovm in some states) 
 See "Comptroller ". See also "State Examiner". 
 
 Abolishment of Office 
 
 Legislature may abolish. (Wash. Ill 25.) 
 
 Accounts. See below, this title, Reports. 
 
 Appointment by Legislature, See beloir. this title. Election. 
 
 Bond 
 
 Of not less than double amount of money that may come into hands, 
 and not Less than *.">0.0uu; sureties, and approval "thereof", and 
 increase of penalties, as may be prescribed by law. (Nebr. V 25.)
 
 Index Digest 57 
 
 AUDITOR (Cont'd) 
 
 Clerical Assistants 
 
 Appropriations for clerical and other expenses to specify each item 
 and not to exceed in any one year $8,000. (La. 82.) 
 Compensation 
 Salary 
 
 As to whether salary fixed may be changed by law, See below, 
 
 this subdivision. Increase or Decrease. 
 Fixed by law. (Ala. V 118; Colo. IV-19; 111. V 23; Kan. I 
 15; Minn. V 5; Miss. V 134; Mo. V 24; N.C. Ill 15; Ohio 
 III 19; Okla. VI 34; W.Va. VII 19.) 
 Fixed at $1,500. (Utah VII 20.) 
 Fixed at $1,S00. (Ida. IV 19; S.D. XXI 2.) 
 Fixed at $2,000. (X.D. Ill 84; Wash. Ill 20; Wyo. IV 13.) 
 Fixed at $2,500. (Ark. Sched. 28; Mich. VI 21; * Nebr. V 24; 
 
 Okla. Sched. 15.) 
 Fixed at $3,000. (Ariz. V 13; Mont, VII 4; X.M. V 12.) 
 Fixed at $5,000. (La. 81.) 
 
 Acting as governor, same as governor. (Ala. V 129.) 
 Increase or Decrease 
 In General 
 
 Allowed. (Ariz. V 13; Ida. IV 19; Mont, VII 4; N.D. Ill 
 
 84; Okla. Sched. 15; Utah VII 20; Wyo. IV 13.) 
 Allowed after ten years from date of admission as state. 
 
 (KM. V 12.) 
 Allowed, but total not to exceed $3,000. (Ark. XIX 11.) 
 Increase allowed, but total not to exceed $3,000. (Wash. 
 
 Ill 20.) 
 Increase prohibited. (Mich. VI 21; S.D. XXI 2.) 
 During Term 
 
 Increase during term of office prohibited. (Mont. VII 4.) 
 Prohibited during official term. (Ark. XIX 11; Colo. IV 19; 
 
 111. V 23; Mo. V 24; W.Va. VII 19.) 
 Prohibited during period for which elected. (Ala. V 118; 
 Kan. I 15; N.C, III 15; X.D. Ill S4; Ohio III 19; Okla. 
 
 VI 34; Wyo. IV 13.) 
 Prohibited to extent that it affects salary during term. 
 
 (Ida. IV 19, V 27.) 
 Prohibited to extent that it affects salary during term, un- 
 less vacancy occurs, in which case successor to receive 
 only salary provided by law at time of election or ap- 
 pointment. (Utah VII 20.) 
 Compensation Other Than Salary 
 
 Emolument or allowance other than salary, prohibited. (X.C. 
 
 Ill 15.) 
 Salary to be in full payment for all services rendered. (X.M. 
 
 V 12.) 
 
 Salary to be in full for all services rendered in official capacity 
 
 or employment during term of office. (Ida. IV 19: Mont. 
 
 VII 4; Utah VII 20.)
 
 58 State Constitutions 
 
 AUDITOR {Cont'd) 
 
 Compensation i Cont'd) 
 
 Compensation Other Than Salary (Condi) 
 
 Compensation limited to salary. (Ala. V 137; Ark. XTX 11; 111. 
 V -2:'<: Ky. 96; La. 81; Mo. V 24; Nebr. V 24; N.M. V 12; 
 
 Okla. VI 34; W.Va. VII 19.) 
 Fees for performance of duties not to be received. (Ida. IV 19; 
 
 Mont. VII 4; X.M. V 12; Utah VII 20.) 
 Fees nr perquisites for performance of duties not to be received. 
 Ala. V 137; Ark. XIX 11; 111. V 23; La. 81; Mich. VI 21; 
 Mo. V 24; Nebr. V 24; Okla. VI 34; S.D. XXI 2; W.Va. VII 
 
 19.) 
 Costs not to be received. (Ala. V 137; Ark. XIX 11; 111. V 23; 
 
 Mo. V 24; Nebr. V 24; Okla. VI 34; W.Va. VII 19.) 
 Interest oh public moneys in hands or under control, not to be 
 
 received to own use. (Nebr. V 24.) 
 Payment into treasury, See below, litis title, Fees. 
 Expenses 
 
 Legislature may provide for actual and necessary expenses while 
 traveling in state in performance of official duty. (Utah VII 
 
 20.) 
 Appropriations for clerical and other expenses to specify each 
 item and not to exceed in any one year $S,000. (La. 82.) 
 Payment 
 
 Monthly. (La. 81.) 
 
 Quarterly. (Ida. IV 19; Mont. VII 4; N,M. V 12; Utah VII 20.) 
 Dual Office Holding, See below, this title, Qualifications and Dis- 
 qualification's. 
 Election 
 
 Under litis subhead are digested those provisions which specifically 
 refer to this officer 1 ; for provisions relating to flections in general, 
 See the title " Elections"; for provisions allowing the legislature 
 to establish officers and provide for their election or appointment, 
 
 See the title "Public Officers", 
 Secretary of State Auditor Ex Officio. (N.J. VIII 1; Ore. VI 2; Wis. 
 
 VI 2.) 
 Electors 
 
 Qualified electors of state. (Ala. V 114; Ark. VI 3; Colo. IV 3; 
 Dd. Ill 21; Ida. IV 2; Ind. VI 1; Iowa IV 22; Kan. I 1 ; Ky. 
 91; La. 7'.)-. Minn. V 1; Mont. VII 2; N.C. Ill 1; N.D. Ill 
 82; Ohio III 1; Pa. IV 21; S.D. IV 12; Utah VII 2; Wyo. 
 
 IV 11.) 
 Same as for governor. (Mass. Amend. 17; Miss. V 134, 143; Vt. 
 
 II 40.) 
 Joint vote of both houses of legislature. (Va. V 82.) 
 Time and Places 
 
 As prescribed by law. (W.Va. VII 2.) 
 
 Same as for governor. (Mass. Amend. 17; Miss. V 134, 143; 
 
 Vt. II 40.)
 
 Index Digest 59 
 
 AUDITOR (Cont'd) 
 Election (Cont'd) 
 
 Time and Places (Cont'd) 
 
 At same time as governor, on first Tuesday after first Monday 
 in November, 1895, and every four years thereafter. (Ky. 
 
 91, 95.) 
 Same as for members of lower house. (La. 79.) 
 Same as for members of legislature. (Ala. V 114; Ark. VI 3; 
 Ida. IV 2; Kan. II; Mont. VII 2; N.C. Ill 1; N.D. Ill 82; 
 S.D. IV 12; Utah VII 2; Wyo. IV 11.) 
 At general election. (Colo. IV 3; Del. Ill 21; Pa. IV 21.) 
 At general biennial election. (Mich. VI 1.) 
 
 At general election in 1876 and every four years thereafter. 
 
 (Mo. V 2.) 
 Biennially on first Tuesday after first Monday in November. 
 
 (Vt. II 35.) 
 Tuesday after first Monday in November, at places for voting for 
 
 members of legislature. (Ohio III 1.) 
 Tuesday after first Monday of November, 1872, and every four 
 
 years thereafter. (111. V 3.) 
 Tuesday after first Monday in November, 1876, and biennially 
 
 thereafter. (Nebr. V 1.) 
 Returns and Canvass 
 
 Contested elections, See below, this subdivision, Contested Elec- 
 tions. 
 Election in case of tie vote, See below, this subdivision, Tie 
 
 Vote. 
 Returns made in manner prescribed by law. (Ida. IV 2; Mont. 
 
 VII 2; Vt. II 40.) 
 Same as for governor. (Mass. Amend. 17; Miss. V 134, 143.) 
 Majority of electoral votes and also majority of popular vote, 
 
 necessary to choice. (Miss. V 134, 140, 143.) 
 Specific provisions appear in constitution, but since same as for 
 election of governor, are not repeated here. See Governor — 
 Election. (Ala. V 115; Ark. VI 3; Colo. IV 3; 111. V 4; 
 Kan. I 2; Minn. V 2; Mo. V 3; Nebr. V 4; N.C. Ill 3; Ohio 
 III 3, 4; Wash. Ill 4; W.Va. VII 3.) 
 Contested Elections 
 
 Procedure in case of tie vote, See below, this subdivision. Tie 
 
 Vote. 
 Determined as prescribed by law. (Ida. IV 2; Mo. V 25; Mont. 
 
 VII 2.) 
 Determined by legislature in manner prescribed by law. (Ala. 
 
 V 115; Wash. Ill 4.) 
 Determined by both houses of legislature by joint ballot in man- 
 ner prescribed by law. (Colo. IV 3; 111. V 4; Nebr. V 4; 
 
 N.C. Ill 3.) 
 Determined by members of both houses in joint session at first 
 session of legislature after election in which contest arises. 
 
 (Ark. VI 4.)
 
 00 State Constitutions 
 
 AUDITOR ( Cont'd) 
 Election [Cont'd) 
 
 Contested Elections {Cont'd) 
 
 Contests concerning vote of county or district to be decided by 
 majority of whole number of members of lower house by a 
 viva voce vote recorded in journal. (Miss. V 134, 140.) 
 Tie Vote 
 
 Legislature by joint vote to elect one of persons in tie. (Colo. 
 IV 3; 111. V 4; Kan. I 2; Mo. V 3; Xebr. V 4; X.C. Ill 3; 
 Ohio III 3; Wash. Ill 4; W.Va. VII 3.) 
 Legislature by joint vote to elect one of persons in tie; majority 
 
 of members elected necessary to choice. (Ark. VI 3.) 
 Legislature at next regular session to elect forthwith by joint 
 vote one of persons in tie. (Ariz. V 1; Ida. IV 2; Mont. VII 
 
 2; Utah VII 2.) 
 Legislature by joint vote, without delay to elect one of persons 
 
 in tie. (Ala. V 115.) 
 If failure to elect or if person elected dies, legislature on or 
 before third Wednesday in January thereafter, to choose by 
 joint ballot, one of persons in tie. (Mass. Amend. 17.) 
 If no person receives majority of electoral votes and also ma- 
 jority of popular vote, low T er house elects one of two persons 
 having highest number of popular votes. Election by viva 
 voce vote recorded in journal. (Miss. V 134, 141.) 
 Election to Fill Vacancy, See below, tliis title, Vacancy in Office. 
 Expenses, See above, this title, Compensation. 
 Fees 
 
 As to whether fees may be received, See above, this title. Compensa- 
 tion — Compensation Other Than Salary. 
 Fees and profits to be covered into treasury. (X.D. Ill 84; Wyo. IV 
 
 13.) 
 
 Fees payable by law to be paid in advance into treasury. (Ark. XIX 
 
 11; Colo. IV 19; 111. V 23; Mo. V 24; Xebr. V 24; W.Va. VII 19.) 
 
 Fees payable by law to be collected in advance and deposited with 
 
 treasurer quarterly to credit of state. (Ida. IV 19; Mont. VII 4; 
 
 Utah VII 20.) 
 Fees payable by law to be paid at once into treasury. (Ala. V 137.) 
 Fees collected to be covered into treasury. (Ky. 93.) 
 Impeachment 
 
 See also Impeachment. 
 
 For corrupt conduct in office or for crimes and misdemeanors. (Minn. 
 
 XIII 1.) 
 For high crimes or misdemeanors, and for misconduct, habits of 
 
 drunkenness or oppression in office. (Mo. VII 1.) 
 For " high crimes and misdemeanors, for non-feasance or malfeasance 
 in office, for incompetency, for corruption, favoritism, extortion or 
 oppression in office, or for gross misconduct, or habitual drunken- 
 ness ". (La. 217.) 
 lor wilful 7iec.r] ( .,t. of duty, corruption in office, incompetency, intem- 
 perance in use of 'liquors or narcotics, or offense involving moral 
 turpitude in office. (Ala. VII' 173.)
 
 Index Digest 01 
 
 AUDITOR (Cont'd) 
 Oath of Office 
 
 Form prescribed, affirmation allowed. (Minn. V 8.) 
 Office and Public Records 
 
 Office to be kept at seat of government. (Ariz. V 1; Ark. VI 1; Kan. 
 Sched. 6; Mich. VI 1; X.D. Ill 82; Okla. VI 1; S.D. IV 12; Wyo. 
 
 IV 11.) 
 Public records to be kept at seat of government. ( Ariz. V 1 ; Colo. 
 
 IV 1 ; Ida. IV 1 ; 111. V 1 ; Ind. VI 5 ; Mo. V 1 ; Mont. VII 1 ; Xebr. 
 
 V 1; Okla. VI 1; Utah VII 1; Wash. Ill 24; W.Va. VII 1.) 
 Seal of office to be kept at seat of government. (N.M. V 1.) 
 
 Powers and Duties 
 
 As prescribed by law. (Ala. V 137; Ark. VI 22; 111. V 1; Ind. VI 
 1; Iowa IV 22; Ky. 91, 93; Mich. VI 1; Minn. V 5; Mo. V 1; Nebr. 
 
 V 1; X.C. Ill 13; X.D. Ill 83; S.D. IV 13; Utah VII 17; Va. 
 
 V 82; Wash. Ill 20; W.Va. VII 1; Wyo. IV 12.) 
 
 As prescribed by constitution or by law. (Ariz. V 1, 9; Ida. IV 1; 
 
 Mont. VII 1; Okla. VI 1; Utah VII 1.) 
 
 Succession to governorship, See Governor. 
 
 Qualifications and Disqualifications 
 
 Age 
 
 Twenty-five years. (Ariz. V 2; Colo. IV 4; Miss. V 134, 133; 
 
 Mo. V 19; Mont. VII 3; X.D. Ill 82; Wyo. IV 11.) 
 
 Twenty-five years at time of election. (Ala. V 132.) 
 
 Twenty-five years (at time of election?). (Ida. IV 3; Mont. 
 
 VII 3.) 
 Thirty years. (X.M. V 3; Okla. VI 3.) 
 
 Thirty years at time of election. (Ky. 91.) 
 
 Citizenship 
 
 In United States. (Colo. IV 4; Ida. IV 3; Mo. V 19; Mont. 
 
 VII 3; X.M. V 3; Okla. VI 3; Wyo. IV 11.) 
 
 In United States for seven years (preceding election?). (Ala. V 
 
 132.) 
 
 In United States for ten years preceding election. (Ariz. V 2.) 
 
 In state for two years before election. (Ky. 91.) 
 
 In state for five years preceding election. (Ariz. V 2; Miss. V 
 
 134, 133; Utah VII 3.) 
 Dual Office Holding 
 
 Ineligible to legislature. (Ark. V 7.) 
 
 Ineligible to other office during term of service. (W.Va. VII 4.) 
 
 Ineligible to other office during term of office, except member of 
 
 state board of education. (Mont. VII 4.) 
 Ineligible to other office during period for which elected. (Til. 
 
 V 5.) 
 Ineligible to other state office during period for which elected. 
 
 (Nebr. V 2.) 
 
 Ineligible to other office or commission, civil or military, in state 
 
 or under other state or United States or any power. (Ark. VI 
 
 22.) 
 Ineligible to office of secretary of state, attorney-general, insur- 
 ance commissioner treasurer, prothonotary, clerk of the peace, 
 register of wills, recorder, sheriff or coroner. I Del. Ill 11.)
 
 »;j State Constitutions 
 
 AUDITOR [Cont'd) 
 
 Qualifications ami Disqualifications {Cont'd) 
 Electoral 
 
 Qualified elector at time of election. (Utah VII 3.) 
 Must have been qualified elector of state for three years preced- 
 ing election. (Okla. VI 3.) 
 Must have qualifications of state electors. (X.D. Ill 82; Wyo. 
 
 IV 11.) 
 Prior Service in Office as Disqualification 
 
 Ineligible as own successor. (Ala. V 116; Colo. IV 21; Okla. 
 
 VI 4; Pa. IV 21; Utah VII 3.) 
 Ineligible to immediately succeed himself or treasurer. (Miss. 
 
 V 134.) 
 Ineligible to re-election for four years after term for which 
 
 elected. (Ky. 93.) 
 Ineligible to same office more than four years out of six. (Ind. 
 
 VI 1.) 
 Ineligible to state office for two years after expiration of two 
 
 consecutive terms. (N\M. V 1 (1914).) 
 Prior Service in Other Office as Disqualification 
 
 Person serving immediately preceding term as treasurer ineligible 
 to office of auditor. (Miss. V 134.) 
 Residence 
 
 Residence during term, See below, tins title. Residence. 
 In state for two years preceding election. (Colo. IV 4; Ida. IV 
 
 3; Ky. 91; Mont. VII 3.) 
 In state for five years preceding election. (Ala. V 132; Mo. V 
 
 19; Utah VII 3.) 
 In state for five years preceding election or appointment. (Mass. 
 
 Amend. 17.) 
 Continuously in state for five years preceding election. (X.M. 
 
 V 3.) 
 Sex 
 
 See also above, this subdivision, Electoral. 
 
 Must be male. (Ariz. V 2; Mo. V 19; Okla. VI 3.) 
 
 Removal 
 
 By governor on joint address of two-thirds of members elected to 
 
 each house of legislature for good cause. (Ark. XV 3.) 
 Impeachment, See above, this title, Impeachment. 
 Repobi s 
 
 On matters pertaining to office if required by governor or legislature. 
 
 (Ala. V 137.) 
 To compile and have published report on or before December 31st 
 
 for preceding fiscal year. (.Miss. IV 115.) 
 Within sixty days after adjournment of each session to prepare and 
 publish statement of moneys expended at session, specifying amount 
 of each item and to whom and for what paid. (111. IV 17; Nebr. 
 
 Ill 22.) 
 Same; also amounts of all appropriations. (Miss. IV 113.)
 
 Index Digest 63 
 
 AUDITOR [Cont'd) 
 Reports (Cont'd) 
 
 Every year at time fixed by legislature make report to governor 
 showing receipts and disbursements of every character, claims 
 audited and paid out by items, and taxes and revenues collected 
 and paid into treasury and sources thereof. (Ala. V 137.) 
 Audit and examination of accounts, See State Finances. 
 Residence 
 
 As qualification for office. See above, this title, Qualifications and 
 
 Disqualification s. 
 
 At seat of government. ( Ariz. V 1 ; Colo. IV 1 ; Ida. IV 1 ; 111. V 1 ; 
 
 Ind. VI 5; Mo. V 1; Mont, VII 1; Xebr. V 1; Utah VII 1; Wash. 
 
 Ill 24; W.Va. VII 1.) 
 At seat of government, except during epidemics. (Ala. V 118.) 
 Rotation in Office, See above, this title, Qualifications and Dis- 
 qualifications — Prior Service in Office as Disqualification. 
 Secretary of State to be Auditor Ex Officio. (X.J. VIII 1; Ore. VI 2; 
 
 Wis. VI 2.) 
 
 Term of Office 
 
 Length 
 
 One year. (Mass. Amend. 17.) 
 
 Two years. (Ariz. V 1; Ark. VI 1; Colo. IV 1; Del. Ill 21; 
 Ida. IV 1; Ind. VI 1; Iowa IV 22; Kan. I 1; Mich. VI 1; 
 Nebr. V 1; X.M. V 1 (1914) ; X.D. Ill 82; S.D. IV 12.) 
 Four years. (Ala. V 116; 111. V 1; Ky. 91; La. 79; Minn. V 5; 
 Miss. V 134. 136; Mo. V 2; Mont. VII 1; Ohio III 2, XVII 2; 
 Okla. VI 4; Pa. IV 21; Utah VII 1; Va, V 82; Wash. Ill 3; 
 
 W.Va. VII 1; Wyo. IV 11.) 
 
 To serve until successor qualified (regardless of length of term 
 
 specified). (Ala. V 116; Ark. VI 1; 111. V 1; Iowa IV 22; 
 
 Kan. I 1; Ky. 91; Mass. Amend. 17; Minn. V 5; Mo. V 2; 
 
 Miss. V 136; Mont. VII 1; Xebr. V 1; X.D. Ill 82; Ohio ILL 
 
 2; Wash. Ill 3; Wyo. IV 11.) 
 Re-election to Same Office, See above, this title, Qualifications and 
 Disqualifications — Prior Service in Office as Disqualifica- 
 tion. 
 Time of Beginning 
 
 January 1st after election. (X.M. V 1; X.C. Ill 1.) 
 First Monday in January after election. (Ariz. V 1; Ida. IV 1; 
 
 Ky. 91; Mont. VII 1; Utah VII 1.) 
 First Thursday [after] first Tuesday in January after election. 
 
 (Xebr. VI.) 
 Second Monday in January after election. (111. V 1; Kan. I 1; 
 
 Mo. V 2; Ohio III 2; Okla, VI 4.) 
 Second Monday in January after election until otherwise pro- 
 vided by law. (Wash. Ill 4.) 
 Second Tuesday in January after election. (Colo. IV 1.) 
 First Monday after second Tuesday in January after election. 
 
 (Ala. V 116.) 
 Third Wednesday in January after election. (Mass. Amend. 17.) 
 March 4th after election. (W.Va. VII 1.)
 
 64 State Constitutions 
 
 AUDITOR (ConCii 
 
 Vacancy en Office 
 
 Filled by governor with advice and consent of senate. (La. 79.) 
 Filled by governor for unexpired term. (Ark. VI 22.) 
 Filled by governor until successor elected and qualified. (111. V 20; 
 
 Mont. VII 7.) 
 
 Filled by governor until successor elected and qualified as provided 
 
 by law. (Colo. IV 6; Ida. IV 6; Nebr. V 20; Utah VII 10; 
 
 . W.Va. VII 17.) 
 Filled by governor until next annual election and until successor 
 
 qualified. (Minn. V 4.) 
 Filled by governor until disability removed or a successor elected 
 and qualified; unsoundness of mind ascertained by supreme court 
 on suggestion of governor. (Ala. V 136.) 
 Filled by governor till disability removed or successor qualified; 
 election at first general election more than 30 days after 
 vacancy occurs, to fill for remainder of unexpired term. (N.C. 
 
 Ill 13.) 
 During session of legislature, filled by joint vote of legislature from 
 people at large; if vacancy during recess, filled by governor with 
 advice and consent of council. (Mass. Amend. 17.) 
 If during recess of senate, filled by governor; if during session of 
 senate governor to make nomination before final adjournment; 
 vacancy to be filled by new election on next election day appro- 
 priate to office, unless vacancy happens within two months pre- 
 ceding such day in which case election held on second succeeding 
 
 election day. (Pa. IV 8.) 
 Caused by impeachment, displacement, resignation, death or incapac- 
 ity for other reason to perform duties, filled by governor until 
 disability removed and successor elected and qualified. Vacancy to 
 be filled by election at first general election more than 30 days 
 after happening, and person elected to hold office for unexpired 
 
 term. (Kan. I 14.) 
 
 In case of death, impeachment, resignation or other disability, filled 
 
 I iy governor until disability removed or successor elected and 
 
 qualified. Election to be held at first general election more than 
 
 30 days after vacancy occurs, and successor holds office for full 
 
 term. (Ohio III 18.) 
 Failure to qualify deemed to create vacancy. (Mass. Amend. 17.) 
 
 AUDITORS, See Courts. 
 
 AUDITORS, STATE BOARD OF 
 
 Composed of secretary of state, treasurer and commissioner of state land 
 office; to examine and adjust claims against state not otherwise pro- 
 vided for by law. If ollice of commissioner of state land office abol- 
 ished, another state officer to be designated by law as member of board. 
 
 (Mich. VI 20.)
 
 Index Digest 65 
 
 BAIL 
 
 Right to 
 
 All persons by sufficient sureties, except for capital offenses where 
 proof is evident or presumption great. (Ariz. II 12; Cal. I 6; 
 Colo. II 19; Del. I 12; Fla. D.R. 9; Ida. 1 6; 111. II 7; Kan. B.R. 
 it: Ky. 16; Mo. II 24; Mont. Ill 19; Nev. I 7; N.M. II 13; N.D. 
 I 6; Ohio I 9; Okla. II 8; Pa. I 14; S.D. VI 8; Utah I 8; Wash. 
 
 I 20; Wyo. I 14.) 
 Same; adds "unless after conviction for crime or offense punish- 
 able with death or imprisonment at hard labor". (La. 12.) 
 All prisoners by sufficient sureties, unless for capital offenses, when 
 proof is evident, but this not to be construed to prevent bail upon 
 examination of evidence after indictment, in manner prescribed by 
 
 law. (Tex. 111.) 
 All prisoners by sufficient sureties, unless for capital offenses, when 
 
 the proof is evident or presumption great. (Tenn. I 15.) 
 All persons imprisoned ought to be bailed by sufficient sureties, except 
 offenses punishable by death or imprisonment for life, where proof 
 is evident or presumption great. (R.I. I 9.) 
 No person before conviction to be bailable for any crimes " domi- 
 nated " capital offenses since adoption constitution, where proof is 
 evident or presumption great, whatever punishment of crimes may 
 
 be. (Me. I 10.) 
 All persons by sufficient sureties, except in cases of murder or treason 
 when proof is evident or presumption great. (Ind. I 17; Nebr. I 
 
 9; Ore. I 14.) 
 
 All persons by sufficient sureties before conviction, except for capital 
 
 offenses where proof is evident or presumption great. (Ark. II 8; 
 
 Conn. I 14; Iowa I 12; Minn. I 7; Miss. Ill 29; N.J. I 10; S.C. I 
 
 20; Wis. I 8.) 
 
 All persons before conviction, by sufficient sureties, except for murder 
 
 and treason when proof is evident or presumption great. (Mich. 
 
 II 14.) 
 
 All prisoners by sufficient sureties unless in execution, or committed 
 
 for capital offenses, when proof is evident or presumption great. 
 
 (Vt. II 32.) 
 Applications for 
 
 Legislature to provide by whom and how applications for bail to be 
 
 heard and determined. (Va. VI 109.) 
 Amount 
 
 Excessive bail prohibited. (Ala. 1 16; Ariz. II 15; Ark. II 9; Cal. 
 I 6; Colo. II 20; Conn. I 13; Del. I 11; Fla. D.R. S; Ga. I Sec. 19; 
 Ida. I 6; Ind. I 16; Iowa I 17; Kan. B.R. 9; Ky. 17; La. 12; Me. 
 I 9; Md. D.R. 25; Mass. Pt. I 26; Mich. II 15; Minn. I 5; Miss. 
 Ill 29; Mo. II 25; Mont. Ill 20; Nebr. I 9; Nev. I 6; N.H. I 33; 
 N..T. I 15; N.M. II 13; N.Y. I 5; N.C. I 14; N.D. I 6; Ohio I 9; 
 Okla. II 9; Ore. I 16; Pa. T 13; R.I. I 8; S.C. I 19.; S.D. VI 23: 
 Tenn. I 16; Tex. I 13; Utah I 9; Vt. II 32: Wash. I 14; W.Va. Ill 
 
 5; Wis. I 6; Wyo. I 14.) 
 Excessive bail ought not to be required. (Va. I 9.) 
 
 3
 
 66 State Constitutions 
 
 BAIL {Cont'd) 
 FOBFETTUBE 
 
 Legislature to have no power to relieve principals or securities upon 
 forfeited recognizance from payment, either before or after judg- 
 ment, unless principal is apprehended and in custody of proper 
 
 officer. (Ga. Ill Sec. VII 19.) 
 BANKS 
 
 For provisions relating to all corporations, See Corporations. 
 Application of Constitution 
 
 To all banks, except national banks, and all trust companies and 
 individuals, whether or not incorporated. (Ala. XIII 255.) 
 Bank Commissioners 
 
 Banking commissioner to control banking department; appointed by 
 
 governor for four years with consent of senate. (Okla. XIV 1.) 
 Bank commissioners to receive compensation to be provided by law. 
 
 (Okla. Sched. 71.) 
 Banking Department 
 
 Legislature to create banking department with sufficient power and 
 authority to regulate and control all state banks, loan, trust and 
 guaranty companies under laws protecting depositors and stock- 
 holders. (Okla. XIV 1.) 
 Bills, Xotes and Paper Credit 
 Denomination 
 
 Xo circulating note less than $1 to be issued. (Kan. XIII 7.) 
 Place of Issue and Redemption 
 
 All banks required to keep at convenient place in state, to be 
 named on circulating notes, offices and officers for issue and re- 
 demption. (Kan. XIII 6.) 
 Preference of Holders, See below, this title, Insolvency. 
 Prohibition of Paper Money 
 
 General prohibition against issue or circulation of bills, notes 
 or other paper as money. (Ark. XII 10; Mich. XII 9; Xev. 
 
 VIII 6.) 
 General prohibition excepts federal currency and national bank 
 
 notes. (Xev. VIII 6.) 
 Xo bank, company or institution may be created with power to 
 put its own or other bank's, company's or person's paper 
 money into circulation as money. (Ore. XI 1.) 
 Xo corporation, association or individual shall issue or put in 
 circulation as money anything but lawful money of United 
 States. (Cal. XII 5; Wash. XII 11.) 
 Redemption 
 
 Circulating notes to be redeemable in United States money. 
 
 (Kan. XIII 4.) 
 Specie payments, See Id loir, this title. Specie Payments. 
 
 Security for. Sec lieloic, this- si/ l,d i rision, SECURITY FOR. 
 
 Registry 
 
 \ii\ general banking law must provide for registry and counter- 
 sighing of notes or hills designed for circulation as money by 
 an officer of state. (N.D. VII 145; Pa. XVI 9.)
 
 Index Digest 67 
 
 BANKS (Cont'd) 
 
 Bills, Notes and Paper Credit (Cont'd) 
 Registry (Cont'd) 
 
 Any general hanking law must provide for registry and counter- 
 signing of paper credit designed for circulation as money by an 
 officer of state. (Ind. XI 3; Iowa VIII 8; S.D. XIII 1.) 
 Legislature to require registry of all bills or notes in circulation 
 
 as money. (111. XI 8: Minn. IX 13j N.Y. VIII 6.) 
 No more circulating bills than cash value of bonds deposited as 
 security to be registered and countersigned. (Kan. XIII 2.) 
 Security for 
 
 "Ample'' for redemption in specie to be required. (N.Y. VIII 6.) 
 '"Ample'' in United States stock or state stocks for redemption in 
 
 specie to be required. (Minn. IX 13.) 
 "Ample ", readily convertible into specie, for redemption in gold 
 and silver, to be required, and under control of state officers. 
 
 (Ind. XI 3.) 
 "Ample"' to full amount to be deposited with auditor-general for 
 
 redemption of hills and notes. (Pa. XVI 9.) 
 "Ample " to full amount to be deposited with state treasurer for 
 
 redemption of bills and notes. (N.D. VII 145.) 
 Depreciation 10 per cent, below par to be made up by additional 
 
 stocks. (111. XI 8; S.D. XVIII 1.) 
 Depreciation 10 per cent, or more on dollar to made up by addi- 
 tional stocks. (Iowa VIII 8; Minn. IX 13.) 
 Depreciation to be made up by additional security or auditor 
 
 shall curtail bank's circulation. (Kan. XIII 3.) 
 Interest-paying bonds of states or United States at cash rates of 
 New York stock exchange equal to authorized amount of cir- 
 culating notes to be deposited with auditor of state and cash 
 deposit in bank's vaults of 10 per cent, of such amount. (Kan. 
 
 XIII 2.) 
 
 United States or Alabama bonds, convertible at face value, equal 
 
 to aggregate of proposed issue, with power in state to dispose 
 
 to redeem circulating notes of depositing bank. (Ala. XIII 
 
 248.) 
 To full amount in " approved securities " of South Dakota or 
 United States, rated at 10 per cent, below par value. (S.D. 
 
 XVIII 1.) 
 To full amount in United States or Illinois stocks, rated at 10 
 
 per cent, below par value. (111. XI 8.) 
 To full amount in United States stocks or interest-paying Iowa 
 stocks to be rated at 10 per cent, below average value in New 
 York city for 30 days next preceding their deposit. (Iowa 
 
 VIII S.) 
 Specie payments, See below, this title; Specie Payments. 
 Branches 
 
 Branches are mutually responsible for each other's liabilities, upon 
 
 all paper money. (Ind. XI 5: Iowa VIII 7.) 
 Legislature may charter a bank with branches, without collateral 
 
 security. (Ind. XI 4.)
 
 68 State Constitutions 
 
 BANKS {Cont'd) 
 
 Branches i Cont'd) 
 
 Legislature not prohibited from investing trust funds in a bank 
 with branches, on "unquestionable security". (Ind. XI 11.) 
 Charters 
 
 Conditions 
 
 All authorized capital stock must be subscribed and paid for in 
 
 full in cash prior to charter. (Tex. XVI 16.) 
 Legislature not to establish or incorporate banks to issue bills 
 of credit or bills payable except under conditions prescribed 
 in constitution. (Ala. XIII 247.) 
 Legislature not to grant nor renew any charter except upon con- 
 dition that stockholders shall be liable to amount of their 
 shares for all debts and liabilities of bank. (Md. Ill 39.) 
 Shall name the one place of business to be authorized. (Tex. 
 
 XVI 16.) 
 Duration 
 
 Corporate capacity to sue and be sued preserved after charter 
 expires, to close affairs and liabilities. (Ala. XIII 251; S.D. 
 
 XVIII 2.) 
 No charter to be granted for longer period than 20 year^. 
 
 (Pa. XVI 11.) 
 To cease all banking operations, 20 years from organization, 
 
 and promptly close business. (Ind. XI 10.) 
 To cease all banking operations, 20 years from organization, 
 and promptly close business, but general law may provide for 
 
 reorganization. (S.D. XVIII 2.) 
 
 To cease all banking operations, 20 years from organization, 
 
 and promptly close business, unless time extended by law. 
 
 (Ala. XIII 251.) 
 General Laws, See below, this title, General Banking Law, 
 
 Authorization of. 
 How Issued 
 
 Corporate powers and privileges issued and granted by secretary 
 of state, as prescribed by law, or by other person named by 
 law if he is disqualified. (Ga. Ill Sec. VII 18.) 
 Notice of Application 
 
 Three months' notice at place of intended location of intention 
 to apply for charter, in such manner as prescribed by law, 
 
 required. (Pa. XVI 11.) 
 Prohibition of Issue or Extension 
 
 See also below, this title, State Bank. 
 
 Legislature not " to pass any act granting any charter for 
 
 banking purposes ". ( Cal. XII 5.) 
 No bank may be established nor may the privilege of putting 
 
 paper into circulation as money be granted. (Ore. XI 1.) 
 No corporate body with banking or discounting privileges to be 
 created, renewed or extended. (Tex. XVI 16.) 
 Special Laws, See below, this title. Special Laws. 
 Control, Bee below, this title, Regxjlatio.n and Supervision.
 
 Index Digest 69 
 
 BANKS ( Cont'd ) 
 Definition 
 
 For taxing purposes includes banking associations, savings and 
 loan societies and trust companies but not building and loan 
 
 associations. (Cal. XIII 14.) 
 Dissolution, See above, this title, Charters — Duration. 
 Examiner of State Banks 
 
 Appointed by governor with consent of senate ; shall be expert 
 accountant and make examinations twice yearly; term of office, 
 four years; duties and compensation to be defined by law. (La. 
 
 194.) 
 Foreign Banks 
 
 Forbidden to do banking or discounting business in state; national 
 
 banks excepted. (Tex. XVI 16.) 
 General Banking Law, Authorization of 
 See also below, this title, Laws. 
 Authorized to be passed. (Cal. XII 5; N.Y. VIII 4; S.C. IX 9; 
 
 Tex. XVI 16; W.Va. XI 6; Wis. XI 4.) 
 Authorized to be passed, with certain named restrictions and re- 
 quirements. (Ind. XI 3; Minn. IX 13; S.D. XVIII 1.) 
 Banking department to be created by general law. (Okla. XIV 1.) 
 Xo bank to be established except under general law. (Ala. XIII 
 
 24S; Kan. XIII 1.) 
 No bank to be established except under general law: bank with 
 
 branches excepted. (Ind. XI 2.) 
 Providing for reorganization of banks losing their powers by lapse 
 
 of 20 years. (S.D. XVIII 2.) 
 Requires two-thirds vote of all members elected to each house, to 
 
 be taken by yeas and nays. ( Wis. XI 4. ) 
 Require two-thirds vote of each house for adoption, amendment or 
 repeal, either for law to incorporate or regulate banks. (Mich. 
 
 XII 9.) 
 Requires two-thirds vote of legislature for adoption ; various re- 
 strictions and requirements named. (Minn. IX 13.) 
 Holdings in Other Banks, See below, this title, Stock. 
 Inspection, See below, this title, Regulation and Supervision. 
 Insolvency 
 
 Bill holders shall have preference over other creditors. (Iowa 
 
 VIII 10.) 
 
 Bill or note holders entitled to preference in payment over all other 
 
 creditors. (Ind. XI 8; Kan. XIII 4; Minn. IX 13; X.Y. VIII 8.) 
 
 Holders of bank notes, and depositors, who have not stipulated for 
 
 interest, entitled to preference of payment over all other creditors, 
 
 whether bank incorporated or not. (Ala. XIII 250.) 
 
 Officer consenting to receipt of deposits after knowledge that bank 
 
 " is insolvent or in failing circumstances " individually liable for 
 
 same, (Ariz. XIV 12; Wash. XII 12.) 
 
 Officer consenting to receipt of deposits or creation of debts after 
 
 knowledge that bank " is insolvent or in failing circumstances " 
 
 guilty of a crime and individually liable for deposits or debts. 
 
 (La. 269; Mo. XII 27.)
 
 70 State Constitutions 
 
 BANKS {Cont'd) 
 
 Insolvency (Cont'd) 
 
 Officer of bank or individual banker consenting to receipt of deposit 
 after knowledge tbat bank is insolvent individually responsible 
 and guilty of a felony. (Ky. 204.) 
 Interest Rates 
 
 Not to receive, directly or indirectly, greater rate than allowed to 
 individuals loaning money. . (Ala. XIII 252; Ind. XI 9.) 
 Laws 
 
 General banking law, See above, this title, General Banking Law, 
 
 Authorization of. 
 Special laws, See below, this title, Special Laws. 
 Any banking law may be amended or repealed. (Kan. XIII 9.) 
 Require majority of all votes cast at some general election, before 
 
 taking effect. (Kan. XIII 8; Wis. XI 5.) 
 Require majority of all votes cast at general election next succeed- 
 ing their passage, before taking effect. (111. XI 5; Ohio XIII 7.) 
 Require majority of all votes cast at general election next succeed- 
 ing their passage, before taking effect; banks of deposit or dis- 
 count excepted. (Mo. XII 26.) 
 Require majority of all votes for and against at general or special 
 election not less than three months after passage by legislature, 
 
 before taking effect. (Iowa VIII 5.) 
 Notes, See above, this title, Bills, Notes and Paper Credit. 
 Offices, See below, this title, Place of Business. 
 Officers 
 
 Guilty of a crime and personally liable for deposits knowingly 
 received after bank known to be " insolvent or in failing circum- 
 stances ". (La. 269; Mo. XII 27.) 
 Guilty of a felony and personally liable for deposits knowingly 
 
 received after knowing bank is insolvent. (Ky. 204.) 
 Personally liable for deposits knowingly received after bank known 
 to be '"insolvent or in failing circumstances". (Ariz. XIV 12; 
 
 Wash. XII 12.) 
 
 Required to keep officers for issue and redemption of circulation at 
 
 convenient place in state, to be named on circulation notes. 
 
 (Kan. XIII 6.) 
 Paper Credit, See above, this title, Bills, Notes and Paper Credit. 
 Place of Business 
 
 All banks required to keep offices and officers for issue and redemp- 
 tion of circulation, at convenient place within state. (Kan. 
 
 XIII 6.) 
 No banking corporation to do business in more than one place. 
 
 (Tex. XVI 16.) 
 Branches, See above, this title. Branches. 
 Preferences, See above, this title, Insolvency. 
 Prohibition of Banks, See above, this title, Charters. 
 Regulation and Supervision 
 
 Books, papers and accounts to be open to inspection, as prescribed 
 
 by law. (Md. Ill 39.)
 
 Index Digest 71 
 
 BANKS {Cont'd) 
 
 Regulation and Supervision (Cont'd) 
 
 Legislature may create a subordinate division, or bureau, of banking 
 in corporation commission and under its control. (Va. XII 155.) 
 Legislature to create a banking department, for which bank com- 
 missioner is created, to regulate and control banks, to protect 
 stockholders and depositors. (Okla. XIV 1.) 
 Legislature to provide " by some public officer " for examination of 
 all banks, banking institutions and trust companies. (Ala. 
 
 XIII 254.) 
 Legislature to provide for state supervision, regulation and control 
 
 of banks, to protect depositors and creditors. (Tex. XVI 16.) 
 Legislature to provide for thorough examination and inspection of 
 
 all banking and fiscal corporations. (S.C. IX 9.) 
 Legislature to provide system of state supervision, regulation and 
 
 control. (Tex. XVI 16.) 
 Records, books and files of state banks liable to " full visitorial and 
 
 inquisitorial powers of the state". (Ariz. XIV 16.) 
 Legislature to provide for classification of cities and towns by 
 population for purpose of regulating banking business. (Cal. 
 
 XII 5.) 
 
 Reports 
 
 At least twice a year, through president or other officer legislature 
 
 may designate, to be required. (Ala. XIII 254.) 
 Quarterly, under oath, by an officer, to be required. (111. XI 7.) 
 Quarterly, under oath, of assets and liabilities, to be required. 
 
 (Nebr. Xlb 7.) 
 Savings Banks 
 
 Capital stock forbidden. (N.Y. VIII 4.) 
 
 Legislature to pass general act to conform all past and future char- 
 ters to uniformity of powers, rights and liabilities. (N.Y. VIII 4.) 
 Trustees to have no interest in profits and directors or trustees not 
 to be interested in loans or use of money or property. (N.Y. 
 
 VIII 4.) 
 Special Laws 
 
 See also above, this title, Laws. 
 
 Banks excepted from provision against special laws. (Del. IX 1; 
 
 Ind. Ill 48.) 
 
 Legislature may charter bank with branches, without collateral 
 
 security; no bank to be established otherwise except under general 
 
 law. (Ind. XI 2, 4.) 
 Legislature not to charter powers by local or special laws. (Mont. 
 
 V 26; N.M. IV 24; Wyo. Ill 27.) 
 Legislature not to grant special charter for banking purposes. 
 
 (N.Y. VIII 4; S.C. IX 9.) 
 Legislature not to incorporate or amend or extend charter of bank- 
 ing institutions not under state control. (S.C. Ill 34.) 
 Legislature not " to pass any act granting any charter for banking 
 
 purposes". (Cal. XII 5.) 
 No bank to be established otherwise than under a general banking 
 
 law. (Ala. XIII 248; Kan. XIII 1.)
 
 72 State Constitutions 
 
 BANKS [Cont'd) 
 
 Specie Payments 
 
 Law sanctioning, directly or indirectly, suspension of specie pay- 
 ments forbidden. (Ala. XIII 249; Ind. XI 7; Minn. IX 13; N.Y. 
 
 VIII 5.) 
 No bank shall be established except on specie basis or with bills 
 
 secured, as prescribed. (Ala. XIII 248.) 
 Suspension on circulation not to be permitted or sanctioned. (111. 
 
 XI 7; Iowa VIII 11.) 
 Bills or notes issued as money to be redeemable, at all times, in 
 
 gold or silver. (Ala. XIII 249; Ind. XI 7.) 
 Security for, See above, this title, Bills, Notes and Paper Credit. 
 State Aid 
 
 See State Debt — Purpose. 
 
 Ownership of stock, See belmc, this title, Stock. 
 State Bank 
 
 Legislature may charter a bank, with branches, without collateral 
 
 security. (Ind. XI 4.) 
 
 Legislature may charter a state bank with branches, provided act 
 
 has been approved at general or special election, as provided by 
 
 constitution. (Iowa VIII 5, 6.) 
 If established, to be founded on actual specie basis. (Iowa VIII 7.) 
 No state bank hereafter to be created. (111. XI 5; Mo. XII 25; 
 
 Ore. XI 1.) 
 Branches, See above, this title, Branches. 
 Ownership of bank by state, Sec below, this title, Stock. 
 State Interest in 
 
 Board of public works authorized to sell state's interest in any 
 banking corporation, taking in payment bonds and registered debt 
 owing by state equal in amount to price obtained for state interest 
 
 (Md. XII 3.) 
 Ownership of stock, See below, this title, Stock. 
 State Moneys 
 
 " Trust funds " may be invested in bank with branches on " unques- 
 tionable security". (Ind. XI 11.) 
 Stock 
 
 Authorized capital stock must be fully paid for in cash before 
 
 charter is granted. (Tex. XVI 16.) 
 Prohibited to own, hold or control stock in trust company or other 
 bank, except if taken for debt; must dispose of same within 
 
 12 months. (Okla. IX 41.) 
 
 Recording of names of stockholders, amount held, transfers and 
 
 names of transferees to be provided for in any general banking law 
 
 passed. (111. XI 8.) 
 State not to be a stockholder in any bank. (Kan. XIII 5; Mo. 
 
 XII 25.) 
 State not to be stockholder in any bank after expiration of present 
 
 charter. (Ind. XI 12.) 
 State not to own or be liable for any stock of a bank now created 
 or hereafter to be created. (111. XI 5; Mo. XII 25.)
 
 Index Digest 73 
 
 BANKS [Cont'd) 
 Stock (Cont'd) 
 
 Neither state or any political subdivision thereof to be stockholder 
 
 in any bank. (Ala. XIII 253.) 
 State not to become owner in whole or in part of any bank. (Tenn. 
 
 II 31.) 
 No political or municipal corporation to become stockholder in any 
 banking corporation, directly or indirectly. (Iowa VHI 4.) 
 Stockholders 
 
 State or municipality as, See above, this title, Stock. 
 Liability 
 
 Continuation after Transfer of Shares 
 
 Continues for one year (12 months) after transfer. (Minn. 
 IX 13; S.D. XVIII 3; Tex. XVI 16.) 
 For What Liable 
 
 No charter may be granted or renewed except upon con- 
 dition that stockholders shall be liable to amount of their 
 shares for all debts and liabilities upon note, bill or 
 
 otherwise. (Md. Ill 39.) 
 To amount, additional to amount of stock subscribed and 
 fully paid, equal to value of shares for all debts and lia- 
 bilities of every kind. (Utah XII 18.) 
 To amount, additional to par value of shares, equal to value 
 
 of shares, for all debts. (Tex. XVI 16.) 
 To amount, additional to par value of shares, equal to value 
 of shares, for all contracts, debts and engagements. (S.D. 
 
 XVIII 3.) 
 To amount equal to double amount of stock owned for all 
 
 debts. (Minn. IX 13.) 
 To amount equal to their stock for all debts and liabilities 
 
 of every kind. (N.Y. VIII 7.) 
 To amount of their stock at par, in addition to par value of 
 
 their shares. (Ore. XI 3.) 
 To amount of stock over and above face value of their 
 
 stock. (S.C. IX 18.) 
 To amount over and above their stock, equal to their re- 
 spective shares, for all debts or liabilities. (Ind. XI 6.) 
 To amount over their amount of stock, equal to their re- 
 spective shares, for liabilities accruing while they were 
 stockholders. (111. XI 6; Iowa VIII 9; Nebr. Xlb 7; 
 
 W.Va. XI 6.)- 
 To extent of par value of shares, in addition to amount 
 invested therein, for all contracts, debts and engagements. 
 (Ariz. XIV 11; Ohio XIII 3; Wash. XII 11.) 
 How and to Whom Liable 
 
 Individually and personally, equally and ratably, and not 
 
 one for another. (Ariz. XIV 11; Wash. XII 11.) 
 Individually, equally and ratably, for benefit of depositors. 
 
 (Ore. XI 3.)
 
 74 State Constitutions 
 
 BANKS [Cont'd) 
 
 Stockholders (Cont'd) 
 Liability (Cont'd) 
 
 Hon: and to Whom Liable (Cont'd) 
 
 Individually, in corporations and associations issuing bank 
 
 notes. (Minn. IX 13.) 
 Individually responsible and liable to bank creditors. (Iowa 
 
 VIII 9; 111. XI 6: Xebr. Xlb 7; W.Va. XI 6.) 
 Individually responsible. (Ind. XI 6; N.Y. VIII 7; S.D. 
 
 XVIII 3; Tex. XVI 16; Utah XII 18.) 
 Individually responsible, equally and ratably, and not one 
 for another, in corporations authorized to receive money 
 
 on deposit. (Ohio XIII 3.) 
 Liable to depositors. (S.C. IX 18.) 
 Recording 
 
 Any general law must provide for recording of names of stock- 
 holders, amount of stock held, time of transfer and to whom 
 transferred. (Iowa VIII 8; Minn. IX 13.) 
 Suits 
 
 Corporate capacity to sue and liability to suit continued after charter 
 expires until affairs and liabilities full^ closed. (Ala. XIII 251 j 
 
 S.D. XVIII 2.) 
 Taxation, See Taxation — Objects and Kinds of Taxation. 
 Trust Companies, See Trust Companies. 
 
 BARRATRY, See Crimes. 
 
 BIGAMY, See Polygamy. 
 
 BILL OF RIGHTS 
 
 Following is a list, of titles in this digest covering subjects which, when 
 
 included in the constitution, arc usually found in an article called 
 " Bill of Rights " or " Declaration of Rights ". For provisions as to the 
 
 place of the bill of rights in the theory of government, See Govern- 
 ment, Theory op. 
 
 Accused, Rights of, See Crimes. Emigration. 
 
 Administration of Justice. Eminent Domain. 
 
 Arms. Employment, Freedom of, See 
 
 Assembly, Right of. Labor. 
 
 Attainder. Ex Post Facto Laivs. 
 
 Bail. Evidence. 
 
 Bondage for Debt. Form of Accusation, See Crimes. 
 
 Constitution of State. Freedom of Speech and Publica- 
 
 Constitution of United States. tion. 
 
 Counsel, Right to, See Courts — Government, Theory of. 
 
 Counsel, Right to. Grand Jury, See Juries. 
 
 Death. Habeas Corpus, Writ of. 
 
 Debts. Hereditary Distinctions. 
 
 Deodand's; See Death. Impairment of Obligation of 
 
 "Elections, Freedom of, See Elec- Contracts, See Contracts, 
 
 tioxs. Imprisonment for Debt.
 
 Index Digest 
 
 75 
 
 Relation of State to United 
 states, See United States. 
 
 fi< ligion. 
 
 Remedy for Injuries, See In- 
 juries and references there 
 given. 
 
 Retrospective Laics. 
 
 Searches and Seizures. 
 
 Slavery. 
 
 Standing Army. 
 
 Suicides. 
 
 Titles of Nobility — See Hered- 
 itary Distinctions. 
 
 Treason. 
 
 Trials, See Courts — Trials. 
 
 Witnesses. 
 
 BILL OF RIGHTS (Cont'd) 
 
 Indictment, See Crimes — Form 
 
 of Accusation. 
 Information, See Crimes — For'm 
 
 of Accusation. 
 Jeopardy. 
 Juries. 
 
 Libel and Slander. 
 Life, Liberty and Property. 
 Martial Lair. 
 Military rower, Subordination 
 
 of. 
 Preliminary Examinations, See 
 
 Courts — Trials. 
 Privileges. 
 
 Punishments, See Crimes. 
 Quartering Troops, Sec Soldiers 
 
 and Sailors. 
 
 BILLETING, See Soldiers and Sailors. 
 BLIND, See Charities. 
 BLOOD, CORRUPTION OF, See Crimes — Punishment. 
 
 BONDAGE FOR DEBT 
 
 See also Imprisonment for Debt. 
 
 No male over 21 or female over IS to be holden by law to serve any 
 person as servant, slave or apprentice, unless bound by own consent 
 after arriving at such age, or bound by law for payment of debts, 
 damages, fines, costs or the like. (Vt. I I.') 
 
 BOROUGHS 
 
 Under this title are digested all provisions relating specifically to this 
 class of municipalities. For provisions relating to municipalities gen- 
 erally, and hence to tltis class, See Municipalities. 
 Incorporation and Organization 
 
 Legislature to constitute by law. (Vt. Ch. 2. 6.) 
 Special and local legislation for incorporation and erection of new 
 boroughs, amending charters or changing lines of, forbidden. ( Pa. 
 
 Ill 7.) 
 Officers 
 
 See also Public Officers. 
 
 Legislature to provide for accounts in respect both to fees collected 
 
 and all public or municipal moneys paid to them. (Pa. XIV 6.) 
 
 Compensation, See below, this title, Expenditures, Restrictions 
 
 Upon — Extra Compensation. 
 Special and local legislation creating or prescribing powers and 
 
 duties forbidden. (Pa. Ill 7.) 
 Terms to commence first Monday, December, in odd numbered year, 
 until legislature provides otherwise. ( Pa. Sched. 2. )
 
 Tii State Constitutions 
 
 BOROUGHS [Cont'd) 
 
 Stock and Bond Holding Prohibited 
 
 Not to subscribe to stock or purchase bonds of any railroad corpora- 
 tion; but this does not affect validity of bonds or debts incurred 
 under laws existing prior to constitution. (Conn. Amend. XXV.) 
 Not to be directly or indirectly owner of any stock or bonds of any 
 
 association or corporation. (X.J. I 19.) 
 Legislature not to authorize becoming stockholder in foreign associa- 
 tion or corporation. (Fla. IX 10.) 
 Legislature not to authorize becoming stockholder in company, asso- 
 ciation or corporation. (Pa. IX 7.) 
 Control by State 
 
 Special and local legislation regulating affairs of, forbidden. (Pa. 
 
 Ill 7.) 
 Expenditures, Restrictions upon 
 Aid to Private Enterprise 
 
 Xot to make donation to any railroad corporation ; but this 
 does not affect validity of bonds or debts incurred under laws 
 existing prior to constitution. ( Conn. Amend. XXV. ) 
 Forbidden to give or loan money to or in aid of any individual, 
 
 association or corporation. (X.J. I 19.) 
 Legislature not to authorize obtaining or appropriating money 
 for corporation, association, institution or individual. (Fla. 
 
 IX 10.) 
 
 Legislature not to authorize appropriation of money to " any 
 
 corporation, association, institution or individual". (Pa. 
 
 IX 7.) 
 Extra Compensation 
 
 See also Public Officers — Compensation. 
 
 Not to grant extra compensation to puhlic officer, employee, 
 agent or servant or increase compensation of public officer or 
 employee to take effect during continuance in office of any 
 person whose salary might be thereby increased. (Conn. 
 
 Amend. XXIV.) 
 
 Xot to increase pay or compensation of any public contractor 
 
 above amount specified in the contract. (Conn. Amend. 
 
 XXIV.) 
 Debt 
 
 Purpose 
 
 Forbidden to lend credit directly or indirectly in aid of any 
 railroad corporation; but this not to affect validity of bonds 
 or debts incurred under laws existing prior to constitution. 
 
 (Conn. Amend. XXV.) 
 Legislature not to authorize to loan credit to corporation, asso- 
 ciation, institution or individual. (Fla. IX 10.) 
 Loan of credit to any individual, association or corporation, or 
 becoming security for any association or corporation for- 
 bidden. (N.J. I 19.) 
 Legislature not to authorize loan of credit to " any corporation, 
 association, institution or individual". (Pa. IX 7.)
 
 Index Digest 77 
 
 BOROUGHS (Cont'd) 
 Debt {Cont'd) 
 
 Limit of Amount 
 
 Not to exceed 7 per cent, of assessed value of taxable property; 
 "nor shall any such municipality or district incur any new 
 debt or increase its indebtedness " to amount exceeding 2 per 
 cent, on such assessed valuation without assent of electors 
 thereof at public election in manner provided by law. (Pa. 
 
 IX 8.) 
 Public Utilities 
 
 No street railroad may be constructed within limits of borough 
 without consent of local authorities. (Pa. XVII 9.) 
 
 BOUNDARIES OF STATE 
 
 See Territorial Jurisdiction. 
 See Waters. 
 
 BRIBERY 
 
 In regard to elections, See Elections. 
 Of or by governor, See Governor. 
 Of or by members of legislature, See Legislature. 
 Of or by public officers. See Public Officers. 
 
 Persons having knowledge or possession of facts that tend to establish 
 guilt of person or corporation charged with bribery not to be excused 
 from giving testimony or producing evidence on ground that it may 
 tend to incriminate him under laws of state; but no person to be 
 prosecuted or be subject to penalty or forfeiture for or on account 
 of any matter concerning which he may testify or produce evidence. 
 
 (Ariz. II 19.) 
 BRIDGES 
 
 In Counties 
 
 See Counties — Eoads and Bridges. 
 See Counties — Supervisors — Powers and Duties. 
 Obstructions in navigable streams, See Waters — Navigable — Obstruc- 
 tion in. 
 Railway bridge companies, See Railroads. 
 State aid to, See Roads — State Aid to. 
 Taxation for 
 
 See Taxation — State Taxes. 
 See Taxation — Local Taxes. 
 Legislature may not establish, but shall prescribe by law manner in 
 
 which power shall be exercised by courts. (Ga. Ill Sec. VII 18.) 
 Law relating to bridges excepted from provision against laws enacted to 
 
 take effect on approval of body other than legislature. (Ky. 60J 
 State to provide for laying out and working public roads and building 
 bridges, and for utilizing fines, forfeitures and convict labor to all 
 these purposes. (Tex. XVI 24.) 
 For aiding construction and improvement of bridges " state road and 
 bridge fund " created to include income from investments in internal 
 improvement land fund, and all funds accruing to any state road and
 
 7 s ' State C(>.\syiTrn<>.\- 
 
 BRIDGES [Cont'd) 
 
 bridge fund however provided. Legislature may add to fund by pro- 
 viding in its discretion annual tax levied on property of state not 
 over one mill on all taxable property; but no county shall receive in 
 any one year more than 3 per cent, or less than ]/ 2 per cent, of the 
 total fund thus provided and expended in such year. (Minn. IX 16.) 
 Private, local and special laws prohibited granting to any person the 
 
 right to have any. (Miss. IV 90.) 
 
 Special and local legislation prohibited chartering and licensing. (Ala. 
 
 [V 104. 20; Cal. IV 25; Ida. Ill 19; Ky. 59, 17; Mont. V 26; 
 
 YYyo. Ill 27.) 
 Special and local laws prohibited providing for bridges, or chartering 
 bridge companies, except on Hudson below Waterford on East river 
 or over state boundary waters. (N.Y. Ill 18.) 
 Special, private and local laws prohibited, relating to bridges, or incor- 
 porating bridge companies, except for the erection of bridges crossing 
 streams which form boundaries between this and any other state. 
 (La. 4S; Mo. IV 53. 6; Pa. Ill 7; Tex. Ill 56.) 
 Same: omit comma between "companies except". (Okla. V. 46.) 
 Local or special laws chartering or licensing toll bridges forbidden. (Colo. 
 V 25 j 111. IV 22; Xebr. Ill 15; X.M. IV 24; X.D. II 61), 16: VY.Va. 
 
 VI 39.) 
 
 Right to authorize and regulate tolls on, under legislative control, 
 
 punishment provided for unauthorized taking of: all laws granting 
 
 right to collect tolls subject to amendment, modification or repeal. 
 
 (Tex. XII 3, 4.) 
 Legislature may tax toll bridges as provided by general law, uniform as 
 
 to class upon which it operates. (111. IX 1; Xebr. IX 1.) 
 Consolidation of bridge companies forbidden. (Ky. 201.) 
 
 BUILDING AND LOAN ASSOCIATIONS 
 
 Records, hooks and files liable to '* full visitorial and inquisitorial powers 
 
 of the state". (Ariz. XIV 16.) 
 CANALS 
 
 Canax Boako 
 
 Commissioner of canal fund, state engineer, superintendent of public 
 works, with duties as prescribed by law. (N.Y. V 6.) 
 < 0MMISSIONEKS OF (ANAL FUND 
 
 Members are: lieutenant-governor, secretary of state, comptroller, 
 treasurer and attorney-general. Duties as prescribed by law. 
 
 (X.Y. V 5, 6.) 
 
 Si I'KKIVi'E.NDKXT OF PUBLIC WORKS 
 
 Appointed by governor and senate, vacancy filled by governor to be 
 approved at next session of senate. Term ends with term of 
 appointing governor. Required to give bond. He has execution 
 of laws concerning repair, navigation, construction and improve- 
 ment of canals, except where entrusted to state engineer; making 
 of rules for navigation and use of canals, and other duties pre- 
 scribed by law. May be removed by governor on filing statement 
 of grounds which shall be presented to legislature. He appoints
 
 Index Digest 79 
 
 CANALS (Cont'd) 
 
 Superintendent of Public Works (Cont'd) 
 
 three assistant superintendents for three-year terms, removable at 
 his will on filing report of grounds in writing with governor, and 
 appoints and may remove all other canal employees except 
 those employed by state engineer. Rules subject to control of 
 legislature. Compensation, and that of assistant superintendent 
 to be prescribed by law; not to appoint collectors of tolls. (N.Y. 
 
 V 3, 6.) 
 Aid to 
 
 Legislature never to lend credit of state or make appropriations in 
 
 aid of canals. (111. XIV Canal Section.) 
 Canal Companies 
 
 For provisions relating to transportation companies and so to canal 
 companies, See Transportation Companies. 
 
 Secretary of internal affairs to regulate canal companies, subject to 
 law; may in addition to annual reports, require special reports 
 
 at any time. (Pa. XVII 11.) 
 
 All corporate powers and privileges issued and granted by secretary 
 of state, as prescribed by law or, should he be disqualified, by 
 other person provided by general law. (Ga. Ill Sec. VII 18.) 
 
 Canal companies in existence at time of ratification of constitution 
 must accept this article [of constitution] to have benefit of future 
 legislation, general or special, except in execution of a trust 
 created by law or contract. (Ala. XII 246.) 
 
 Are common carriers. (Ark. XVII 1; Gal. XII 17; Pa. XVII 1; 
 
 Wash. XII 13.) 
 
 Are common carriers if engaged in transportation for hire, subject 
 to liability as such, and cannot lawfully contract out of common- 
 law liability for carriage of passengers. ( S.C. IX 3. ) 
 
 Board of public work* appoints directors to represent state where 
 state entitled to directors; and to vote state stock in Chesapeake 
 
 and Ohio canal. (Md. XII 2.) 
 
 No officer, agent or employee of the canal company to be interested 
 in furnishing materials or supplies to such company or any 
 business of transportation as common carrier over property of 
 company or in any arrangement giving more advantageous terms 
 or greater facilities than offered or accorded to public. All con- 
 tracts and arrangement in violation of this section void. No 
 canal company or any lessee, manager or employee thereof to 
 make any preferences in furnishing cars or motor power. Legis- 
 lature shall prevent abuses, unjust discrimination and excessive 
 charges by canal companies, to provide for enforcing such laws 
 by adequate penalties and forfeitures, and provide for creation 
 of officers and commissions and vest in them authority necessary 
 to carry into effect powers hereby conferred. (Ark. XVII 5, li. 10.) 
 
 Every canal company organized in this state to maintain office 
 therein where transfers of stock shall be made and books kept 
 for inspection by any stockholder or creditor, in which recorded 
 capital stock subscribed or paid in and by whom, names of and
 
 80 State Constitutions 
 
 CANALS [Cont'd) 
 
 ( ' A R A I. ('(> M 1'A .\ IES ( ( 'OH t'(l ) 
 
 amounts owned by stockholders, transfers of stoek, names and 
 places of residence of officers. No canal company to consolidate 
 with, acquire works or franchises of or control any other railroad 
 or canal company controlling parallel or competing lines; no 
 officer of canal corporation to act as officer of railroad or canal 
 corporation owning competing or parallel lines, and question 
 whether railroads or canals are parallel or competing to be decided 
 by jury as in civil issues when demanded by party complainant. 
 Officer or employee of canal company not to be interested in fur- 
 nishing material or supplies to his company or in business of 
 transportation as common carrier over works controlled by his 
 company. Xo discrimination in charges of facilities or transpor- 
 tation to be made and no canal company, its lessee, manager or 
 employee to make any preferences in furnishing cars or motor 
 
 power. (Pa, XVII 2, 4, 6.) 
 
 Every canal company operated or partly operated in this state shall 
 maintain an office therein where transfers of its stock shall be 
 made and books kept for inspection by stockholder or creditor, 
 in which recorded amount of capital stock subscribed or paid in 
 and amounts owned by each stockholder, transfers of stock and 
 names and places of residence of officers. Canal companies shall 
 not be consolidated with parallel or competing railroad or canal 
 companies, nor lease or purchase, or in any way control parallel 
 or competing railroad or canal companies, nor shall officer of 
 canal corporation be officer of any other competing or parallel 
 railroad or canal company; question whether railroads or canals 
 are parallel or competing lines to be decided by a jury as in other 
 civil issues when demanded by complainant. (Ark. XVII 2, 4.) 
 
 President and directors 1 of Chesapeake and Ohio canal to regulate 
 tolls jrom time to time to produce largest revenue and avoid 
 injurious effect of rival competition by other internal improve- 
 ment companies. (Md. XII 2.) 
 
 Are subject to taxation as common carriers. (S.C. IX 3.) 
 
 Taxation of, See also Taxation. 
 Eminent Domain 
 
 See Eminent Domain — Special Public Uses. 
 
 See Eminent Domain — Private Uses. 
 Interest <>k Public Officers 
 
 Corporation commissioner may not have directly or indirectly. 
 
 (Okla. IX 16.) 
 Labor on, See Labor. * 
 
 Owned by Minim; or Manufacturing Companies 
 
 Mining or manufacturing companies may carry products of its 
 own mines or factories, on its canal not over 50 miles long as 
 exception from general prohibition. (Pa. XVII 5.) 
 Public Highways 
 
 All canals are public highways. (Ark. XVII 1; Pa. XVII 1.) 
 
 Canals not constructed and used exclusively for private purposes 
 
 are public highways. (Ala. XII 242.)
 
 Index Digest 81 
 
 CANALS (Cont'd) 
 Public Utility 
 
 Are public utilities. (Cal. XII 23.) 
 Regulation of 
 
 Control of canals in railroad commission which may fix rates, when 
 power to do so is conferred by legislature. (Cal. Xll 23.) 
 
 Legislature to prohibit unjust discrimination and to prohibit charg- 
 ing of other than just and reasonable rates, and to enforce same 
 by adequate penalties. - (Ala. XII 24:1.) 
 
 All individuals, associations and corporations to have equal right of 
 transportation over canals and no undue or unreasonable dis- 
 crimination to be made in charges for or facilities for transporta- 
 tion within the state or with other states. (Ark. XVII 3; Pa. 
 
 XVII 3.) 
 
 To be subject to legislative control. (Cal. XII 17; Wash. XII 13.) 
 Right of Way Over Public Lands, See Public Lands — Right of Way 
 
 Over. 
 State Canals 
 
 Improvement of as is prescribed by law, to be paid for by appro- 
 priations, equitable annual tax, or bonds to be issued under same 
 conditions as other state bonds ; cost of superintendence and re- 
 pairs to be met by a tax levied annually by legislature; contracts 
 for work and materials to be awarded to lowest adequately secured 
 bidder, no extra compensation allowed; board may cancel contract 
 if unjust and oppressive; navigation to be free of toll, but subject 
 to rules and regulations ; specified canals never to be sold with 
 certain exception, but to remain property of and under manage- 
 ment of the state forever ; proceeds of the sale, lease or other 
 disposition of any state canal to go to canal improvement, super- 
 intendence and repair. (N.Y. VII 8, 9, 10.) 
 
 Certain specified canals when in possession of the state, not to be 
 
 leased or alienated. (La. 195.) 
 
 Board of commissioners of port of New Orleans empowered to con- 
 struct and operate a canal, with consent of certain other boards; 
 to condemn land therefor, to issue bonds for cost of work secured 
 by mortgage thereon, to be paid out of net receipts of canal; to 
 fix charges for use of canal. (La. Amend. 1914.) 
 
 Stock issued for certain canals, payment for which by act of legis- 
 lature to be made exclusively from proceeds of canal lands and 
 tolls and revenues of canals never to be paid by state; legisla- 
 ture never to recognize liability of state to pay or redeem. (Ind. 
 
 X 7.) 
 
 No canal or waterway owned by state ever to be sold or leased 
 until specific proposition first submitted to vote at general election 
 and approved by majority of all votes polled. Surplus earnings 
 of canal, waterway or water power may be appropriated or 
 pledged for its enlargement, maintenance or extension. (111. XIV 
 
 Canal Section.) 
 
 Legislature may authorize construction of specified deep waterway; 
 for development and utilization of water power; and authorize 
 bonds of not over 4 per cent, therefor. (111. XIV Canal Section.)
 
 82 State Constitutions 
 
 CANALS [Cont'd) 
 
 State Interest in 
 
 Board of public works to represent stock of state in meetings of 
 Chesapeake and Ohio Canal Company; to appoint directors in 
 canal companies in which state has such right; detailed provisions 
 as to duties of president and directors of Chesapeake and Ohio 
 
 Canal Company. (Md. XII 2.) 
 Water Power on State Canals 
 
 Power developed from Illinois state deep waterway may be leased 
 in part or whole as provided by law; rental in lease to be subject 
 to revaluation every 10 years, income to be paid into state 
 
 treasury. (111. XIV Canal Section.) 
 
 CAPITAL PUNISHMENT, See Crimes — Punishment. 
 
 CAR COMPANIES 
 
 For provisions relating to all common carriers, See Common Carriers. 
 For provisions relating to all transportation companies, See Transporta- 
 tion Companies. 
 For provisions relating to all public service corporations, See Public 
 
 Service Corporations. 
 For provisions relating to all corporations, See Corporations. 
 Sleeping car, See Sleeping-Car Companies. 
 
 Corporations or associations organized for purpose may operate lines 
 between any points and connect at state lines or elsewhere with other 
 
 lines. (Okla. IX 2.) 
 Declared to be common carriers and subject to control by law. (Ariz. 
 
 XV 10.) 
 Foreign car corporations must incorporate under domestic law, to exer- 
 cise right of eminent domain. (Okla. IX 31.) 
 Must receive and transport each other's cars, tonnage and passengers, 
 without delay or discrimination, as regulated by commission. (N.M. 
 
 - ' XI 15.) 
 
 Taxation 
 
 See Taxation — Objects and Kinds of Taxation — Corporations. 
 See Taxation — Objects and Kinds of Taxation — Public Utili- 
 ties. 
 See Taxation — Assessment — Corporate Property. 
 
 CEMETERIES 
 
 N61 of state, local or special law prohibited. (Cal. IV 25; Ida. Ill 19; 
 
 Ky. 59; Mo. IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill 56.) 
 Exemption from taxation, See Taxation — Exemptions. 
 
 CENSUS 
 
 Legislature to provide for taking at least once in 10 years beginning 
 
 1865. (Kan. II 26.) 
 Enumeration of inhabitants to be made, under direction of secretary of 
 
 state, every 10 years beginning 1905. (N.Y. Ill 4.) 
 Legislature to provide by law for census every tenth year, beginning 
 
 1885. (Colo. V 45.)
 
 Index Digest 83 
 
 CENSUS (Cont'd) 
 
 Same; beginning 1SG5. (Minn. IV 23.) 
 
 Same; beginning 1895. (Mont. VI 2.) 
 
 Same; beginning 1905. (Utah IX 2.) 
 
 Enumeration of inhabitants to be made, under direction of legislature, 
 
 if necessary, in year 1875 and every 10 years thereafter. (Nev. XV 13.) 
 Legislature to provide for enumeration of population in year 1S75 and 
 
 every 10 years thereafter. (Iowa III 33.) 
 Same; in year 1885. (Nebr. Ill 2.) 
 Same; in year 1895. (Wash. II 3.) 
 
 Legislature to provide by law for census by counties every tenth year, 
 
 beginning 1895. (Fla. VII 5.) 
 Legislature to provide for census of whole number of inhabitants, and 
 
 of qualified electors of state once in every 10 years; first enumeration 
 
 to be made in 1895 and legislature to provide for same by law. (Miss. 
 
 IV 105.) 
 Legislature to cause to be made enumeration of white population in year 
 
 1865 and every 10 years thereafter. (Ore. IV 5.) 
 Legislature to cause number of inhabitants, exclusive of foreigners not 
 
 naturalized and Indians not taxed, to be ascertained in year 1821 and 
 
 at periods of at most 10 years, and at least five years. (Me. IV Pt. I 2.) 
 Of legal voters of each city and town to be taken and returned into office 
 
 of secretary of commonwealth in year 1857; and of inhabitants of 
 
 each city and town in year 1S65 and every tenth year thereafter. 
 
 (Mass. Amend. XXI.) 
 Legislature to cause enumeration of male inhabitants over 21 years of 
 
 age to be made at second session after adoption of constitution and 
 
 every sixth year thereafter. (Ind. IV 4.) 
 
 CHANCERY COURTS, See Courts. 
 
 CHARITIES 
 
 For provisions relating to the system of charities and corrections as a 
 
 ivhole, See Charities and Corrections. 
 For provisions relating to charities of counties, See Counties — Char- 
 itable, Correctional and Educational Institutions. 
 For provisions relating to charities of cities, See Cities — Finances. 
 For provisions relating to charities of municipalities, See Municipal- 
 ities — Finances. 
 For provisions relating to charities of towns, See Towns — Finances. 
 For provisions relating to charities of villages, See Villages — Finances. 
 Administrative Authority 
 
 Secretary of internal affairs to perform such duties relating to as 
 may be prescribed by law. (Pa. IV 19.) 
 Appropriations 
 
 For general provisions in regard to purpose of appropriations and 
 so to appropriations for charities, See State Finances — Ex- 
 penditures — Purpose. 
 Forbidden for charitable or benevolent purposes to any person, cor- 
 poration or community not under absolute control of state. (Colo. 
 
 V 34; Mont. V 35; Wyo. Ill 36.)
 
 84 State Constitutions 
 
 CHARITIES (Cont'd) 
 
 APPBOPBIATIONS ( Cont'd) 
 
 Forbidden to any charitable institution "not under the absolute 
 control " of state, except by two-thirds vote of all members elected 
 
 to each house. (Ala. IV 73; Pa. Ill 17.) 
 
 Forbidden for charitable or benevolent purpose to any person, cor- 
 poration, association, institution or community not under absolute 
 control of state; but legislature may make appropriations for 
 charitable institutions and hospitals for maintenance of which 
 annual appropriations were made by legislature in 1909. (N.M. 
 
 IV 31.) 
 
 Legislature not to make any appropriation of public funds to any 
 charitable institution not under or controlled by state except that 
 appropriations may be made to non-sectarian institutions for re- 
 form of youthful criminals; and this does not prevent legislature 
 authorizing cities, towns or counties to make such appropriations 
 to any charitable institution or association. (Va. IV 67.) 
 
 No money to be appropriated or drawn from treasury for benefit of 
 any corporation, association, asylum, hospital or other institution 
 not under exclusive management and control of state, except that 
 legislature may grant aid to institutions conducted for support 
 and maintenance of minor orphans or half-orphans or abandoned 
 children or aged persons in indigent circumstances. (Cal. IV 22.) 
 
 No appropriation to be made " for private, charitable or benevolent 
 purposes to any person or community ", but this not to apply to 
 specified institutions " and the charity hospitals and public char- 
 itable institutions conducted under state authority ". ( La. 53. ) 
 
 May be made for support of eleemosynary institutions of the state. 
 
 ( Mo. IV 43. ) 
 
 Forbidden to any person or community for charitable or benevolent 
 purposes except pensions or gratuities for military service. (Pa. 
 
 Ill 18.) 
 
 Blind 
 
 For provisions relating to charitable institutions in general, and so 
 to institutions for blind, See below, this title, Charitable Insti- 
 tutions. 
 
 Administration and Control of Institutions 
 
 Control and management of to be regulated by legislature. 
 
 (Colo. VIII 5.) 
 Institutions to be under such boards of control as prescribed 
 
 by law. (Utah XIX 2.) 
 Legislature to provide for control and management of institu- 
 tions for blind by board of regents, five members, appointed 
 by governor with consent of senate for four years, not more 
 than three of one political party at time of appointment; 
 duties of board to be prescribed by law. (N.M. XII 13.) 
 Education of 
 
 Legislature to enact laws for education of. (Ariz. XI 1.) 
 Legislature to provide by law for support of institutions for 
 education of. (Ark. XIX 19; Ind. IX 1; Miss. VIII 209; Okla. 
 
 XIII 2.)
 
 Index Digest 85 
 
 CHARITIES (Cont'd) 
 Blind (Cont'd) 
 
 Education of (Cont'd) 
 
 Institutions for blind to be state educational institution. (N.M. 
 
 XI 11.) 
 
 School for, to be public institution of state. (N.D. XIX 216.) 
 
 Colorado School for Deaf and Blind at Colorado Springs adopted 
 
 by state; gifts and appropriations for continued for use and 
 
 benefit of. (Colo. VIII 5.) 
 
 School for, to be a charitable institution of state. (S.D. XIV 1.) 
 
 Legislature may provide for maintenance of South Carolina 
 
 School for Deaf and Blind and may create scholarships therein. 
 
 (S.C. XI 8, Amend. 1914.) 
 Legislature may provide as seems proper for. (N.Y. VIII 9, 14.) 
 Legislature cannot change location of school for deaf and blind 
 except by two-thirds vote of legislature with yeas and nays 
 entered on journals. (Ala. XIV 267.) 
 Provision for 
 
 Legislature may provide as seems proper for support of. (N.Y. 
 
 VIII 9, 14.) 
 Legislature to enact laws for care of. (Ariz. XI 1.) 
 Legislature to make provision for. (W.Va. XII 12.) 
 Legislature may provide that indigent blind may be cared for at 
 
 expense of the state. (N.C. XI 10.) 
 For benefit of afflicted inhabitants, blind asylums to be always 
 
 fostered and supported. (Mich. XI 15.) 
 Institutions for benefit of, to be fostered and supported by state; 
 subject to regulations prescribed by law. (Fla. XIII 1; Kan. 
 VII 1; Nev. XIII 1; Ohio VII 1; Wash. XIII 1.) 
 Institutions for, to be established and supported by state in 
 manner prescribed by law. (Ariz. XXII 15; Colo. VIII 1; 
 Mont. X 1; Okla. XIII 2; Utah XIX 2, X 10.) 
 Institutions for, to be established and supported by state in man- 
 ner prescribed by law ; legislature for sanitary reasons may 
 cause removal to more suitable localities. (Ida. X 1, 7.) 
 Charitablk Corporations 
 
 Benevolent corporations excepted from provision that all corporations 
 
 must have place of business in state. (Cal. XII 14; S.C. IX 4.) 
 Prohibition to subscribe to stock in corporations, not to apply to cor- 
 porations for charitable purposes. (Nev. VIII 9.) 
 Members not individually liable for dues from corporations. (Kan. 
 
 XII 2.) 
 To be encouraged and protected, under regulation of legislature. 
 
 (Vt. II 64.) 
 To be and remain under patronage and control of state. (111. XI 1.) 
 Legislature may not incorporate or amend or extend charter by local 
 or special law if not under control of state, unless a gift, devise or 
 will require it. (S.C. Ill 34, IX 2.) 
 Prohibition of, creation or change of charter by special law not to 
 apply to charitable corporations which are to be and remain under 
 patronage and control of state. (111. XI 1; Nebr. XIB 1.)
 
 St; State Constitutions 
 
 CHARITIES (Cont'd) 
 
 Charitable Corporations (Cont'd) 
 
 Prohibition of special legislation for creation of corporation or 
 amendment of charters not to apply to charitable corporations 
 sustained in whole or in part by the state. (Del. IX 1.) 
 Charitable Institutions 
 
 For provisions rchiHtuj to state institutions in general and so to 
 
 state eliaritable institutions, See State Institutions. 
 Administrative Authority 
 
 Legislature may provide that boards of trustees or managers of 
 state eleemosynary institutions may hold office six years, one- 
 third to be elected or appointed as legislature directs, every 
 two years, vacancies filled as provided by law. (Tex. XVI 
 
 30a.) 
 Trustees of such benevolent institutions as may be created to be 
 appointed by governor with advice and consent of senate and 
 on all nominations question to be taken in yeas and nays and 
 entered on journal: governor to fill vacancy until next session 
 of legislature and until successor confirmed and qualified. 
 (Kan. VII 1, 3.) 
 Directors of benevolent state institutions hereafter created to 
 be appointed or elected as prescribed by law; governor may 
 fill vacancies unless otherwise provided for until next session 
 of legislature and until successor appointed and confirmed; 
 has power of removal. (S.C.XII 4, 8.) 
 Bonds for, See State Debt — Purpose — Public Buildings. 
 Establishment and Support 
 
 Xo charitable institution, other than state institutions now 
 existing or expressly provided in constitution, to be estab- 
 lished by state, except by vote of two-thirds of members elected 
 to each house of legislature. (La. 60.) 
 Charitable institutions required by claims of humanity and pub- 
 lic good, to be established and supported by state as pre- 
 scribed by law. (Wyo. VII IS.)- 
 Benevolent institutions required by public good to be fostered 
 and supported by state subject to regulations prescribed by 
 law. (Fla, XIII 1; Kan. VII 1; Nev. XIII 1.) 
 Legislature and board of public charities to "keep in view that 
 charitable institutions should be as nearly self-supporting as 
 is consistent with purpose of creation". (X.C. XI 11.) 
 Xo charitable institutions other than state institutions now 
 existing or expressly provided for, to be established by state, 
 except by vote of two-thirds of members elected to each house 
 of legislature. (La. 60.) 
 One-half of income of swamp land fund to be " appropriated to 
 the educational and charitable institutions of the state in 
 relative ratio of cost to support said institutions". (Minn. 
 
 VIII 2.) 
 Police juries and municipal corporations may, in providing for 
 destitute person's', utilize any charitable institutions within
 
 Index Digest 87 
 
 CHARITIES (Cont'd) 
 
 Charitable Institutions (Cont'd.) 
 
 Establishment and Support (Cont'd) 
 
 their corporate limits for the care, maintenance and asylum of 
 such persons; and all appropriations made to such institutions 
 for the purpose aforesaid to be accounted for by them in the 
 manner required of officials entrusted with public funds. (La. 
 
 58.) 
 Existing Laws 
 
 Existing laws relating to all, state, county, municipal, incor- 
 porated or not and to inspection and supervision of, till 
 amended and repealed by legislature, remain in force. (N.Y. 
 
 VIII 13.) 
 Inmates 
 
 Inmates of charitable institutions, except soldiers' home, in- 
 eligible to office or appointment of honor, trust or profit in 
 
 state. (La. 202.) 
 Disfranchisement, See Elections — Qualifications and Dis- 
 qualifications of Electors. 
 Investigation 
 
 State to have right to inquire at any time into management of 
 institutions receiving state aid. (Cal. IV 22.) 
 Officers 
 
 Officers of eleemosynary state institutions to report in writing 
 under oath when required by governor; making false report 
 punished as prescribed by law. (Okla. VI 33.) 
 Deaf and Dumb 
 
 For provisions relating to charitable institutions in general and so to 
 institutions for deaf and dumb, See above, this title, Charitable 
 
 Institutions. 
 Administration and Control of Institutions 
 
 Control and management of Colorado School for Deaf and Blind 
 at Colorado Springs to be regulated by legislature. (Colo. 
 
 ■ VIII 5.) 
 Institutions for, to be under such boards of control as pre- 
 scribed by law. (Utah XIX 2.) 
 Legislature to provide for control and management of asylum 
 for deaf and dumb by board of regents, five members, ap- 
 pointed by governor with consent of senate for four years, not 
 more than three of one political party at time of appointment; 
 duties of boards to be prescribed by law. (N.M. XII 13.) 
 Education of 
 
 Legislature may make provisions as seems to it proper for. 
 
 (N.Y. VIII 9, 14.) 
 Legislature to enact laws for education of. (Ariz. XI 1.) 
 Asylum for, to be state educational institution. (N.M. XI 11.) 
 School for, to be charitable institution of state. (S.D. XIV 1.) 
 Colorado School for Deaf and Blind at Colorado Springs adopted 
 by state, gifts and appropriations for confirmed for use and 
 
 benefit of. (Colo. VIII 5.)
 
 88 State Constitutions 
 
 CHARITIES [Cont'd) 
 
 Deaf and Dumb (Cont'd) 
 Education of [Cont'd) 
 
 Legislature may provide for maintenance of South Carolina 
 .School for Deaf and Blind and may create scholarships 
 therein; (S.C. XI 8 Amend. 1914.) 
 Legislature to provide by law for support of institutions for 
 
 education of (Ark. XIX 19; Ind. IX 1; Miss. VIII 209.) 
 Legislature cannot change location of school for deaf and blind 
 except by two-thirds vote of legislature with yeas and nays 
 entered on journals. (Ala. XIV 267.) 
 Provision for 
 
 All former gifts and grants confirmed. (Colo. VIII 5.) 
 Legislature to make provision for. (VV.Va. XII 12.) 
 Legislature to enact laws for care of. (Ariz. XI 1.) 
 Legislature may make provision as seems to it proper for sup- 
 port of. (X.Y. VIII 9, 14.) 
 Legislature may provide that indigent deaf-mutes may be cared 
 
 for at expense of the state. (X.C. XI 10.) 
 Asylum to be public institution of state. (X.D. XIX 215.) 
 Institutions for to be established and supported by state in man- 
 ner prescribed by law. (Ariz. XXII 15; Colo. VIII 1; Mont. 
 X l; Okla. XIII 2; Utah XIX 2, X 10.) 
 Institutions, for benefit of afflicted inhabitants, always to be 
 
 fostered and supported. (Mich. XI 15.) 
 Institutions for to be fostered and supported by state subject to 
 regulations prescribed by law. (Fla. XIII 1; Kan. VII 1; 
 
 Ohio VII 1; Wash. XIII 1.) 
 Institutions for benefit of to be fostered and supported by state, 
 
 subject to restrictions prescribed by law. (Xev. XIII 1.) 
 Institutions for to be established and supported by state in 
 manner prescribed, by law ; legislature for sanitary reasons 
 may cause removal to more suitable localities. (Ida. X 1, 7.) 
 Feeble- Minded and Idiots 
 
 For charitable institutions in general and so for feeble-minded, See 
 
 above, this title, Charitable Institlttions. 
 Institute for feeble-minded children to be state institution. (Nebr. 
 
 V 19.) 
 Institutions for benefit of defective youths to be fostered and sup- 
 ported by state subject to regulations prescribed by law. (Wash. 
 
 XIII 1.) 
 Institutions for, connected with hospital for insane, to be state in- 
 stitution. (N.D. XIX 215.) 
 Institutions for feeble-minded for use of afflicted inhabitants to be 
 
 always fostered and supported. (Mich. XI 15.) 
 Legislature to devise means for education of idiots. (X.C. XI 9.) 
 Gifi s 
 
 Gifts by will of realty or of money to be realized from realty, di- 
 rectly or in trust, for charitable uses or purposes, void. (Miss. 
 
 XIV 269.)
 
 Index Digest 89 
 
 CHARITIES (Cont'd) 
 Gifts (Cont'd) 
 
 Legacies or bequests of money or personal property, direct, implied 
 or otherwise, for charitable uses, void. (Miss. XIV 270.) 
 Grants of Public Property for 
 iSfee Public Property — Gravis. 
 See Public Property — Trusts. 
 Grants of Public Land for 
 
 See Public Lands — Sale — Provision for. 
 See Public Lands — Trusts in. 
 Hospitals 
 
 For charitable institutions in general and so hospitals, See above, 
 
 this title, Charitable Institutions. 
 Orthopedic hospitals controlled and managed by board of commis- 
 sioners of state institutions, subject to limitations prescribed by 
 
 law. (Nebr. V 19.) 
 Miners' Hospital, New Mexico, confirmed as state institution; hos- 
 pital to be managed by board of five to hold office for four years, 
 to be appointed by governor with consent of senate, not more 
 than three of same political party at time of appointment; title, 
 powers and duties to be provided by law. (N.M. XIV 1, 2, 3.) 
 Insane 
 
 For provisions relating to charitable institutions in general, and so 
 to institutions for insane, See above, this title, Charitable In- 
 stitutions. 
 Administration and Control of Institutions 
 
 State commission in lunacy to be provided for by legislature; 
 members to be appointed by governor with consent of senate; 
 to be removed by governor for cause after having opportunity 
 for defense; to visit and inspect all institutions, public and 
 private, for care of the insane, except for epileptics and idiots, 
 to have other powers conferred by legislature; this visit and 
 inspection not exclusive of others now authorized by law. 
 
 (X.Y. VIII 11, 12, 13.) 
 General board of directors to consist of all members of special 
 boards to be subject to regulations and requirements pre- 
 scribed by legislature; to have full power and control over 
 special boards and officers and employees of hospitals to ap- 
 point superintendent for each hospital, and remove him for 
 misbehavior, incapacity, neglect of duty or acts performed 
 without authority of law. (Va. XI 150, 151.) 
 
 Commissioner of state hospitals for, appointed by governor, con- 
 firmed by senate, for four years; to be chairman of general 
 and special boards of directors, to be responsible for all 
 money received by hospitals, to establish and maintain uni- 
 form system of records and accounts and of reports, to per- 
 form other duties and receive salary fixed by law. (Va. XI 
 
 152.) 
 Boards of directors for each hospital, of three members for six- 
 year term, one to go out every two years, appointed by gov-
 
 90 State Constitutions 
 
 CHARITIES {Cont'd) 
 Insane (Cont'd) 
 
 Administration and Control of Institutions (Cont'd) 
 
 ernor with advice and consent of senate, to manage hospital 
 under supervision and control of general board; to appoint all 
 resident officers except superintendent. (Va. XI 149, 151.) 
 Until otherwise provided by law, governor, treasurer and aud- 
 itor to constitute board of insane asylum commissioners to have 
 supervision of all matters connected with insane asylum as pro- 
 vided by law. (Utah VII 14.) 
 .Asylum to be controlled and managed by board of five members to 
 bold office for four years, to be appointed by governor with 
 consent of senate, not over three to belong to same political 
 party at time of appointment; title, powers and duties pro- 
 vided by law. (X.M. XIV 3.) 
 Three directors appointed by governor subject to confirmation of 
 senate; to have control of asylum under regulations prescribed 
 by legislature, to hold office for two years ; may appoint medi- 
 cal superintendent who appoints assistants with approval of 
 
 directors. (Ida. X 6.) 
 Eegents of state hospital and superintendent who shall be physi- 
 cian, to be appointed by governor with advice and consent of 
 senate; all other physicians, officers and employees to be ap- 
 pointed by regents unless otlierwise prescribed by law; governor 
 may fill vacancies unless otherwise provided for, and may re- 
 move until next session of legislature and until successor ap- 
 pointed and confirmed. (S.C. XII 2, S.) 
 Location of State Asylum v 
 
 Location of state insane asylum not to be changed by legislature, 
 but after 10 years after adoption of constitution may submit 
 question to qualified electors at general election and majority 
 of those voting on question necessary to determine location. 
 Until then to be located at Evanston, but legislature may pro- 
 vide that insane asylum may be converted to other public uses. 
 
 (YYyo. VII 23.) 
 Provision for 
 
 Legislature to make provision for. (YV.Va. XII 12.) 
 Legislature to provide by law for treatment and care of. (Miss. 
 
 IV 86.) 
 Legislature may provide that indigent insane may be cared for 
 
 at expense of the state. (N.C. XT 10.) 
 Legislature to provide for custody and maintenance of indigent 
 lunatics at expense of state, under regulation to be provided by 
 
 law. (Tex. XVI 54.) 
 Hospital for. with institution for feeble-minded in connection, to 
 
 be public institution of state. (X.D. XIX 216.) 
 For benefit of afflicted inhabitants insane asylums to be always 
 
 fostered and supported. (Mich. XI 15.) 
 Legislature to provide for support of institution for treatment 
 of insane. (Ark. XIX 19; Ind. IX 1.)
 
 Index Digest 91 
 
 CHARITIES (Cont'd) 
 Insane (Cont'd) 
 
 Provision for (Cont'd) 
 
 Insane hospital to be charitable institution of state. (S.D. 
 
 XIV 1.) 
 New Mexico Insane Asylum confirmed as state institution; 
 grants by Congress and others therefor accepted and to be ex- 
 clusively used therefor. (N.M. XIV 1, 2.) 
 Institutions for to be established and supported by state in man- 
 ner prescribed by law. (Ariz. XXII 15; Colo. VIII 1; Mont. 
 
 X 1; Utah XIX 2.) 
 
 Institutions for care of to be fostered and supported by state; to 
 
 be subject to regulations prescribed by law. (Fla. XIII 1; 
 
 Kan. VII 1; Xev. XIII 1; Ohio VII 1; S.C. XII 1 (1914); 
 
 Wash. XIII 1.) 
 Institutions for to be established and supported by state in man- 
 ner prescribed by law; legislature for sanitary reasons may 
 cause removal to more suitable localities. (Ida. X 1, 7.) 
 Orphans and Abandoned Children 
 
 For administration and control of charitable institutions in general 
 and so of orphanages, See abore, this title, Charitable Institlt- 
 
 tions. 
 As soon as practicable measures to be devised by state for establish- 
 ment of orphan houses where destitute orphans may be cared for, 
 educated and taught some business or trade. (X.C. XI 8.) 
 Legislature may grant aid to institutions conducted for support of 
 abandoned children and of minor orphans or half-orphans by uni- 
 form rule, in proportion to number of inmates; state to have power 
 to inquire at any time into management of institution; same pro 
 rata sum to be given to any county, city and county, city or town 
 supporting orphans as to institutions under other control. ( Cal. 
 
 IV 22.) 
 Paupers 
 
 For provisions relating to cliaritable instiiutions in general and so 
 to institutions for paupers, See above, this title. Charitable Insti- 
 tutions. 
 Laws relating to exempted from provision that no law be enacted to 
 take effect on approval of any other authority than legislature. 
 
 (Ky. 60.) 
 Legislature may provide that indigent be cared for at expense of 
 
 state. (X.C. XI 10.) 
 State may provide for sick or indigent persons. (N.M. IX 14.) 
 Prohibition of donation to individual, association or corporation not 
 to prevent donation for necessary support of poor. (N.D. XII 185; 
 
 S.D. XIII 1 ; Wyo. XVI 6. ) 
 Legislature may provide for care of indigent sick in hospitals in 
 
 state. (Miss. IV 86.) 
 
 Institutions for care of always to be fostered and supported by state 
 
 and to be subject to regulations prescribed by law. (S.C. XII 1, 
 
 Amend. 1914.)
 
 92 State Constitutions 
 
 CHARITIES [Cont'd) 
 Paupers {Cont'd) 
 
 Legislature may grant aid to institutions conducted for support of 
 aged poor in proportion to number of inmates, )>y uniform rule, 
 state to have power to inquire at any time of management of insti- 
 tution; same pro rata sum to be given to any county, city and 
 county, city or town supporting aged poor as to institutions under 
 
 other control. (Cal. IV 22.) 
 Legislature to enact laws to prevent abuses by those having care of 
 persons who by reason of age, infirmity or misfortune may have 
 claims on sympathy and aid of society. (Miss. XIV 262.) 
 Property for Charitable Use 
 
 Excepted from prohibition against perpetuities. (Cal. XX 9; Mont. 
 
 XIX 5; Xev. XV 4.) 
 Local or special law not to provide for sale of property held for 
 
 charitable uses. (W.Va. VI 39.) 
 Soldiers' and Sailors' Aid, See' Soldiers and Sailors. 
 
 CHARITIES AND CORRECTIONS 
 
 In this title arc digested provisions relating to system of charities and 
 
 corrections as a whole. 
 For provisions relating to charities, Sec Charities. 
 For provisions relating to penal institutions. Sec Penal Institutions. 
 For provisions relating to state institutions in general and so to chari- 
 table and correctional institutions. See State Institutions. 
 Administration 
 
 Board of public charities to superintend charitable and penal state 
 
 institutions. (N.C. XI 7.) 
 Charitable and penal institutions provided for in constitution to be 
 under control of state board of charities and correction, under re- 
 striction provided by legislation. (S.D. XTV 2.) 
 State board of charities and reform to supervise generally chari- 
 table, reformatory and penal institutions of state, including those 
 of territory in operation on adoption of constitution. (Wyo. VII 
 
 18, 19.) 
 Board of commissioners of state institutions subject to limitations 
 prescribed by law to control and manage all charitable, reform- 
 atory and penal institutions established and maintained by law in 
 
 the state. (Nebr. V 19.) 
 State board of charities to visit and inspect all institutions, state, 
 county, municipal, incorporated or not incorporated, of charitable, 
 eleemosynary, correctional or reformatory character except reform- 
 atories in which are confined adult males convicted of felony, insti- 
 tutions for detention of sane adults charged or convicted of crime 
 or detained as witnesses or debtors, or for the care and treatment 
 of insane; existing laws relating to institutions to remain in force 
 till modified by legislature; this visit and inspection not to be ex- 
 elusive of other now authorized by law. (X.Y. V1TI 11, 13.) 
 Duties of hoard to lie strictly visitorial; to visit and inspect 6tate, 
 parish or municipal institutions of a charitable, eleemosynary, cor-
 
 Index Digest 93 
 
 CHARITIES AND CORRECTIONS [Cont'3) 
 
 Administration ( Cont'd ) 
 
 sectional or reformatory character and private institutions of Like 
 
 character used or aided by parochial or municipal authority, and 
 
 private insane asylums whether so aided or not. (La. 295.) 
 
 Commissioner of, to investigate system of charities and corrections, 
 
 conditions and management of prisons, jails, almhouses, reform and 
 
 industrial schools, hospitals, orphanages and all public and private 
 
 retreats and asylums deriving support wholly or in part from state 
 
 or municipality. (Okla. VI 28.) 
 Administrative Authority 
 
 Legislature at first session to appoint, and define duties of, board of 
 public charities who annually report to governor with suggestions. 
 
 (NX. XI 7.) 
 
 State board of charities, members to be appointed by governor with 
 consent of senate ; to be removed for cause by governor after op- 
 portunity to be heard; legislature may confer additional powers. 
 Commissioners now in office to remain for term of appointment 
 unless legislature provide otherwise. (X.Y. VIII 11, 12, 15.) 
 
 State board of charities and reform, powers and duties to be pre- 
 scribed by law. (Wyo. VII 18.) 
 
 Board of three commissioners of state institutions not more than two 
 to belong to same political party, and no two of whom to reside in 
 same congressional district, to be appointed by governor with con- 
 sent of two-thirds of senate. The board to give bonds, receive com- 
 pensation, perform duties and comply with regulations as pre- 
 scribed by law. (Nebr. V 19.) 
 
 Board of charities and corrections of five members appointed by 
 
 governor with consent of senate; compensation fixed by law. (S.D. 
 
 ] XIV 1,2.) 
 
 Board of charities and corrections to consist of six members appointed 
 by governor for six years with governor as ex-offjcio chairman, to 
 serve without compensation; may elect secretary at salary pre- 
 scribed by law; to report annually to governor and to legisla- 
 ture at each session and to make suggestions if concurred in by 
 majority of members of board in control of each institution. (La. 
 
 295 i 
 
 Commissioner of charities and corrections elected in same manner 
 and for same term as governor; to be of either sex; at least l~y 
 years old and possess other qualifications required of governor; 
 may summon witnesses and documents and administer oaths; full 
 report of investigation with testimony to be given to governor; trans- 
 mitted to legislature; report of operations of office to be made to 
 governor on October 1st; legislature may alter, amend or add to 
 powers and duties; to receive at stated times compensation of $1,500 
 annually till otherwise provided by law. not to be increased or di- 
 minished during term for which elected, not to receive to own use 
 fees, costs or perquisites of office or other compensation; to keep 
 office and public records at seat of government and perform duties 
 designated in constitution or prescribed by law. (Okla. VI 1, 27, 
 
 30, 34, Sched. 15 )
 
 94 State Constitutions 
 
 CHARITIES AND CORRECTIONS (Cont'd) 
 Support of 
 
 State may engage in agriculture in support of its penal and chari- 
 table institutions. (Okla. II 31.) 
 Legislature and board of public charities to keep in view that penal 
 and charitable institutions should be as nearly self-supporting as is 
 consistent with purposes of creation. (X.C. XI 11.) 
 Nothing in constitution to prevent provision for " care, support, main- 
 tenance and secular education of inmates of orphan asylums, homes 
 for dependent children or correctional institutions whether under 
 public or private control : -" by counties, cities, towns or villages. 
 
 (X.Y. VIII 14.) 
 Legislature may authorize but not require counties, cities, towns 
 and villages to make payments to " charitable, eleemosynary, correc- 
 tional and reformatory institutions wholly or partly under private 
 control, for care, support and maintenance"; but only for inmates 
 received and retained pursuant to rules of state board of charities, 
 which rules are subject to legislative control by general laws. (X.Y. 
 
 VIII 14.) 
 CHILDREN 
 
 tiee also Minors. 
 
 Orphans, See Charities — Orphans and Abandoned Children. 
 
 Adoption not to be authorized by local, private or special law. (Ala. IV 
 
 104; Ark. V 24; Cal. IV 25; Fla. Ill 20; Ida. Ill 19; Ky. 59: La. 48; 
 
 Minn. IV 33: Miss. IV 90; Mo. IV 53; Mont. V 26; X.M. IV 24; X.D. 
 
 II 69; Okla. V 46; Pa. Ill 7; S.C. Ill 34; Tex. Ill 56; Wash. II 28; 
 
 Wyo. Ill 27.) 
 Xot to be adopted or legitimated by legislature, but power to be conferred 
 
 on courts by general laws. (Tenn. XI 6.) 
 Legitimation not to be authorized by local, private or special law. (Ala. 
 IV 104; Ark. V 24; Cal. IV 25; Fla. Ill 20; Ida. Ill 19; Ky. 59; La. 
 48; Minn. IV 3.3; Miss. IV 90; Mo. IV 53; Mont. V 26; X.M. IV 24; 
 N.D. II 69; Okla, V 46; Pa. Ill 7; S.C. Ill 34; Tex. Ill 56; Wyo. Ill 
 
 27.) 
 Xot to be legitimated by private law, but general law may regulate. 
 
 (X.C. II 11.) 
 Legislature to have no power to change names of legitimate children, but 
 shall prescribe by law manner in which such power shall be exercised 
 by courts. (Ga. Ill Sec. VII 18.) 
 Prohibition of grant by state to association, corporation or private under- 
 taking not to prevent legislature from making provision for education 
 and support of juvenile delinquents as seems proper to it. (X.Y. VIII 
 
 9, 14.) 
 Juvenile courts established, with great detail. (La. 118.) 
 No police pfneer, sheriff, probation officer or other peace officer arresting 
 a child in the commisison of a violation of any of the provisions of this 
 constitution, or under any other circumstances to place said child in 
 any police station, jail or other lockup or book said child in any police 
 station, or jail, with any offense, or make any record in said station or
 
 Index Digest 95 
 
 CHILDREN (Cont'd) 
 
 jail of such arrest; and any officer violating any of the terms of this 
 article to be guilty of a misdemeanor, and, upon conviction thereof, 
 shall be fined in a sum not exceeding $100. (La. 118, 4.) 
 
 General trial court to have exclusive original jurisdiction in matters af- 
 fecting dependent, neglected, incorrigible or delinquent children or 
 children accused of crime, under the age of 18 years. Judges must 
 hold examinations in chambers of all such children concerning whom pro- 
 ceedings are brought in advance of criminal prosecution and may sus- 
 pend criminal prosecution for any offenses committed by such children. 
 Powers of judge to control children as prescribed by law. (Ariz. VI 6.) 
 
 In counties and cities and counties having population exceeding 100,000 
 exclusive original jurisdiction in cases involving minors and persons 
 whose offenses concern minors, may be vested in separate court. (Colo. 
 
 VI 1.) 
 
 Legislature may establish juvenile courts. (N.M. VI 1.) 
 
 For reformatories, See Penal Institutions — Reformatories — Estab- 
 lishment and Support. 
 
 For children in prison, See Penal Institutions — Prisons — Inmates. 
 
 CIRCUIT COURTS, See Courts — General Trial Courts. 
 
 CITIES 
 
 Under this title are digested all provisions relating specifically to this 
 class of municipalities. For provisioiis relating to municipalities gen- 
 erally, and hence to this class, See Municipalities. 
 Incorporation and Organization 
 
 For provisions relating to poicer of city or combined city and county 
 to frame its charter, See Municipal Home Rule — Power of 
 Municipality to Frame Its Charter. 
 For provisions relating to initiative and referendum, See Initiative 
 
 and Referendum. 
 In General 
 
 Legislature to constitute by law. (Vt. Ch. 2 Sec. 6.) 
 Legislature to provide for organization. (X.Y. XII 1; N.C. XIII 
 
 4; Wis. XI 3.) 
 
 Legislature to provide for organization by general laws. (Ark. 
 
 XII 3; Colo. XIV 13; Kan. XII 5; Mo. IX 7; Xev. VIII 8; 
 
 Ohio XIII 6.) 
 Legislature to provide for incorporation by general law. (Mich. 
 
 VIII 20; Ohio XVIII 2.) 
 
 Municipal corporations with population over 5,000 are classified 
 
 as cities and all others as villages. Method of transition from 
 
 class to class to be regulated by law. (Ohio XVIII l.)j 
 
 Legislature to provide for incorporation and organization by 
 
 general laws subject to provisions of this article. (Ariz. XIII 
 
 1: Old:.. Will 1.) 
 Legislature to provide for incorporation and organization by 
 general laws which may be altered, amended, or repealed. 
 (Cal: XI 6; Utah XI 5; Wash. XI 10.)
 
 96 State Constitutions 
 
 CITIES (Cont'd) 
 
 Incorporation and Organization {Cont'd) 
 In General [Cont'd) 
 
 Legislature to provide for incorporation and organization by 
 general laws which may be altered, amended or repealed by 
 
 general laws. (Ida. XII 1.) 
 Legislature required to pass within time fixed by constitution 
 general laws for government of cities in accordance with con- 
 stitution. (Ky. 166.) 
 Special or local legislation for incorporation of, forbidden. 
 (Ala. IV 104; Ariz. IV 19, 17; 111. IV 22; Iowa III 30; 
 Minn. IV 33; Mo. IV 53; Nebr. Ill 15; N.M. IV 24; N.D. 
 
 II 69; Okla. V 46; Pa. Ill 7; S.C. Ill 34; S.D. Ill 23; Tex. 
 
 Ill 56; Wyo. Ill 27.) 
 Special or local legislation for amendment of charters, forbid- 
 den. (Ariz. IV 19; 111. IV 22; Mo. IV 53; Nebr. Ill 15; N.M. 
 IV 24; N.D. II 69; Okla. V 46; Pa. Ill 7; S.C. Ill 34; S.D. 
 
 III 23; Tex. Ill 56; Wyo. Ill 27.) 
 
 Private or special legislation for incorporation or amendment 
 of charter forbidden. (Wis. IV 31.) 
 
 Private or special legislation for amendment of charters, forbid- 
 den. (Utah VI 26, 12.) 
 
 Cities having 5,000 population or less " may be chartered alone 
 
 by general law". (Tex. XI 4.) 
 
 Legislature, or people by initiative may enact general law pro- 
 viding method whereby incorporated city may surrender its 
 charter and be merged into adjoining city, provided majority 
 of electors of each incorporated city, town or municipal cor- 
 poration affected authorize such surrender or merger. (Ore. 
 
 XI 2a.) 
 
 By local or special legislation in those containing population of 
 less than 2,000 incorporation and amendment of charters for- 
 bidden. (W.Va. VI 39.) 
 
 Until otherwise provided by law cities incorporated under terri- 
 tory to " continue their corporate existence under the laws 
 extended in force in the state"; valid ordinances to continue 
 in force until altered, amended or repealed. (Okla. Sched. 
 
 10.) 
 
 Cities existing under special charter time adoption of constitu- 
 tion may be reorganized under general laws and when so re- 
 organized special charters to cease. (S.C. VIII 1.) 
 
 Cities existing under special charters or general laws of terri- 
 tory may abandon charter and reorganize under general laws 
 
 of state. (Wyo. XIII 1.) 
 
 Those organized prior to adoption constitution may organize 
 under general laws passed for that purpose whenever majority 
 of electors voting at general election so determine, "and shall 
 organize in conformity therewith". (Cal. XI 6.) 
 
 Legislature to make provision by general law whereby cities in- 
 corporated by special or local law may elect to become sub- 
 
 *
 
 I.xdk.x Digest i>7 
 
 CITIES {Cont'd) 
 
 Incorporation and Organization (Cont'd) 
 In General [Cont'd) 
 
 ject to and be governed by general law relating to such cor- 
 porations. (Colo. XIV 14; Mo. IX 7.) 
 
 Cities incorporated prior to adoption of constitution may be- 
 conie organized under general laws for incorporation, organi- 
 zation and classification of cities whenever majority electors 
 at general election shall determine under provision therefor 
 made by legislature. (Ida. Xll 1.) 
 
 All acts of incorporation and amendments prior to constitution 
 except that respecting election of officers as provided by the 
 constitution to continue in force until legislature provides by 
 general law for government of; and time limit fixed within 
 which legislature required to provide therefor by general laws. 
 
 ' (Ky. 166.) 
 
 General laws to be passed to provide for government; and addi- 
 tional laws may be passed for government of municipalities 
 which adopt same; but no such additional law shall become 
 operative in any municipality until submitted to electors 
 thereof and affirmed by majority of those voting thereon under 
 regulation established by law. (Ohio XVIII 2.) 
 
 Adoption of general laws by those previously organized or in- 
 corporated authorized when majority of electors voting at 
 general election shall so determine " and shall organize in 
 conformity therewith''. (Wash. XI 10.) 
 
 Organization of each crass to be provided for by general laws 
 " so that all municipal corporations of the same class shall 
 possess the same powers and be subject to the same restric- 
 tions ". (Ky. 156.) 
 
 Legislature to pass general laws under which cities may be 
 chartered and charters amended; all of which are subject to 
 repeal and amendment. (.Miss. IV 88.) 
 
 '"May be chartered" when majority of electors of town or bor- 
 ough of 10,000 population shall vote in favor of at general 
 
 election. (Pa. XV 1.) 
 
 Not to be organized without consent of majority of electors re- 
 siding and entitled to vote within district proposed to lie 
 incorporated. Such consent to be ascertained in manner and 
 under regulations prescribed by law. (S.C. VIII 2.) 
 
 Legislature may, subject to specified conditions, pass local. 
 special or general law providing charter or scheme of local, 
 municipal government for Chicago. Legislature's charter may 
 consolidate with the city government the powers previously 
 vested in the city, board of education, township, park and 
 other local governments and authorities having jurisdiction 
 confined to or within territory of Chicago, or any part thereof 
 and provide for assumption by city of debts and liabilities 
 of the government or corporate authorities whose functions 
 shall be vested in the city. (111. IV 34.) 
 
 4
 
 98 State Constitutions 
 
 CITIES (Cont'd) 
 
 INCORPORATION AND ORGANIZATION (Cont'd) 
 In General (Cont'd) 
 
 General annexation and consolidation statutes to apply to city 
 and county of Denver same as to city if it had not been con- 
 solidated with county. Contiguous towns, city or territory 
 subsequently annexed to or consolidated with city or county 
 under laws of state to be detached from county in which 
 located and become "a municipal and territorial part of" 
 city and county with all its property. (Colo. XX 1.) 
 
 All incorporated communities having population more than 5,000 
 within defined boundaries to be cities. In determining popula- 
 tion, legislature to be governed by last United States census 
 or other enumeration under its own authority. Legislature 
 to enact general laws for organization and government of 
 • ities, and no special act to be passed in relation thereto 
 except in manner provided in article IV, and then only by 
 recorded vote of two-thirds of members elected to each house, 
 and except in case of cities having more than 50,000 in- 
 habitants. But each city having at time of adoption of this 
 amendment a municipal charter may retain same except so far 
 as it may be repealed or amended by legislature, provided that 
 every such charter is hereby amended to conform to this con- 
 stitution. Legislature may, however, depart from form of 
 organization or government prescribed in this article and pro- 
 vide such forms of municipal government as it deems best, 
 lint no such form to beco"me operative except in cities adopting 
 by vote of qualified electors. Laws or charters enacted pur- 
 suant to provisions of this section to be subject to provisions 
 of constitution relating to judges, the clerks of courts, attor- 
 neys of commonwealth, commissioners of revenue and city 
 
 . treasurers and sergeants. (Va. VIII lit), 117.) ) 
 
 Local or special legislation changing the lines of, forbidden. 
 
 (Minn. IV 33.) 
 Classification 
 
 Legislature by general laws to provide for classification in pro- 
 portion to population subject to provisions of this article. 
 
 (Ariz. XIII 1; Okla. XVIII 1.) 
 
 Legislature may provide for classification by general law. (Ark. 
 
 XII 3.) 
 
 Legislature to provide by general laws for classification in pro- 
 portion to population, which laws may he altered, amended or 
 repealed. (Gal. XI <*,; Utah XI 5; Wash. XI 10.) 
 
 Legislature to provide for classification by general laws in pro- 
 portion to population, which laws may be altered, amended or 
 repealed by general laws. (Ida. XIT 1.) 
 
 Legislature to provide for classification by general law, number 
 of classes not to exceed four. (Colo. XIV 13; Mo. IX 7.) 
 
 '■ For the purposes of their organization and government" cities 
 and towns to be divided into six classes: 1st class, cities of
 
 Indk.v Digest 99 
 
 CITIES (Cont'd) 
 
 I.N CORPORATION AND ORGANIZATION (Cont'd) 
 
 Classification ( Cont'd ) 
 
 100,000 or more; 2nd class, cities of 20,000 and Less than 
 100,000; 3rd class, cities and towns with 8,000 and less 
 than 20,000; 4th class, cities and towns with 3,000 and less 
 than 8,000; 5th class, cities and towns with 1,000 and less 
 than 3,000; 6th class, towns with less than 1,000. Legisla- 
 ture to assign new cities to proper classes at first session 
 after their organization and change as population increases or 
 decreases; and in absence of other satisfactory evidence of 
 population to be governed by last United States census; and 
 no transfer from one class to another to be made except by law 
 previously passed and providing therefor. (Ky. 15(5.) 
 
 Application of general laws relating to cities may be limited to 
 cities of over 50,000, or to cities of 50,000 and nut less than 
 20,000, or to cities of 20,000 and not less than 10,000, or to 
 cities of 10,000 or less. (Minn. IV 36.) 
 
 First class, 175,0(10 or more; second class, 50,000 and less than 
 175,000; third class, all other cities. To be determined ac- 
 cording to the latest state enumeration. (X.Y. XI I 2.) 
 
 Legislature may classify cities by population for purposes of 
 this article; but maximum population for any class shall ex- 
 ceed minimum for same class by at least 10,000. Legislature 
 may at request of any city having population more than 
 50,000 grant special form of government for such city. ( \'a. 
 
 VIII 117.) 
 Relation to County Government 
 
 Legislature may provide by general laws for performance by 
 county officers of certain municipal functions of incorporated 
 cities when majority of electors such city voting at general 
 or special election so determine. ('Gal. XI 6.) 
 
 Cities framing their own charters may by provision therein or 
 amendment provide for performance by county officers of cer- 
 tain municipal functions when discharge of such functions is 
 authorized by general law or by county charter framed under 
 
 constitution. (Cal. XI 6.) 
 
 "City and county governments may be merged and consolidated 
 into one municipal government with one set of officers " and 
 incorporated under general laws providing for organization of 
 corporations for municipal purposes. In such case provisions 
 of constitution applicable to counties, so far as not incon- 
 sistent or prohibited to cities, also those applicable to cities, 
 to be applicable to consolidated government. (Cal. XI 7.) 
 
 City of Denver with part of county and those municipal corpo- 
 rations included within city's boundaries as existing time 
 amendment to constitution takes effect consolidated and de- 
 clared to be "single body politic and corporate" by name 
 "city and county of Denver"; property of former city and 
 municipal corporation transferred thereto; also all property 
 of county merged ; " city and county " to assume and manage
 
 100 Sl'ATK CONSTITUTIONS 
 
 CITIES (Cont'd) 
 
 Incorporation and Organization {Cont'd) 
 Relation to County Government {Cont'd) 
 
 all trusts, succeed to rights and liabilities, assume and pay 
 bonds, obligations and debts of former cities and county; 
 general corporate powers specified. (Colo. XX 1.) 
 
 Legislature may organize city of 100,000 into separate county 
 without regard to geographical extent if majority of electors 
 of city and the balance of county voting on question shall each 
 
 approve. (Mich. VIII 2.) 
 
 Legislature may organize city of 20,000 into separate county 
 without reference to geographical extent when majority of 
 electors of county in which such city is located voting on the 
 proposal favor such separate organization. (Minn. XI 2.) 
 
 In those having city of over 100.000 inhabitants " the city and 
 county government thereof may be consolidated " in manner 
 provided by law. (Mo. IX 15.) 
 
 Powers or duties of board of supervisors " may devolve upon 
 the municipal assembly, common council, board of aldermen 
 or other legislative body of the city". (N.Y. Ill 26.) 
 
 " For county governmental purposes " city is separated from 
 remainder of county; city not to participate in election of 
 commissioners of fiscal court (county commissioners). (Ky. 
 
 144.) 
 Legislative Department 
 
 Legislative board or council to be elected by qualified voters 
 thereof; in case of cities of first and second class divided into 
 wards, members of council to be elected at large by qualified 
 voters but so selected that equal number thereof shall reside 
 in each ward; and when in any city of first, second or third 
 class there are two legislative boards the less numerous shall 
 -be selected from and elected by voters at large of city. Term 
 of members to be two years and until qualification of successor. 
 
 (Ky. 160.) 
 
 Councils of Baltimore to consist of two branches, known as first 
 branch and second branch, each to have, such number of mem- 
 bers and to perform such duties and possess such powers as 
 prescribed by law. Members of both branches to have qualifi- 
 cations of mayor or as prescribed by law; to be elected on 
 dates, and have terms fixed by constitution or prescribed by 
 law; to receive such compensation as provided by law; and 
 not to hold during torn any other office of profit or trust 
 under ordinance or law relating to city or any position, the 
 compensation of which is paid directly or indirectly out of the 
 city treasury. Details as to regular and special sessions. 
 Ordinances in force at time adoption constitutional provision 
 and not inconsistent therewith continued until changed in due 
 course. Legislature may change. ( Md. XI 2, 3, 4, 5, 8, 0.) 
 
 All limitations of powers of councils imposed by this article to 
 apply in like manner to principal legislative authority under
 
 Tm>kx Digest 101 
 
 CITIES {Cont'd) 
 
 Incorporation and Organization (Con I'd) 
 Legislative Department (Con I'd) 
 
 any form of government authorized hereunder, and term 
 council to be construed to include any body vested with 
 principal legislative authority of municipality. In every city 
 there shall be a council of two branches having different number 
 of members, except that in cities under 10,000 legislature may 
 permit council to consist of one branch. Legislature to be 
 elected by qualified voters and manner of election, powers and 
 duties to be prescribed by law. No member to be eligible 
 during bis tenure of office or for one year thereafter to any 
 office filled by council, by election or appointment. Council 
 may increase or diminish number of and change boundaries 
 of wards, and shall in 11103 and every tenth year thereafter 
 reapportion the representation in council among the wards 
 and on failure to do so may be compelled by mandamus. 
 Councils to be elected on second Tuesday in June and terms to 
 begin on first day of September succeeding. Legislature may 
 chance time of election subject to certain limitations. Mayor 
 to have power to veto ordinances and also particular items 
 of appropriation ordinances. I Detailed provisions for number 
 of votes necessary to pass ordinances and to repass ordinances 
 over veto.) (Va. VIII 117. 121. 122. 123.) 
 Officers 
 
 See also Pvpi.tc Officers. 
 
 See also beloir. this title, Corrupt Prvctices. 
 
 In General 
 
 Officers of city and county of Denver to be such as by appoint- 
 ment or election may be provided for ''by the charter". Juris- 
 diction, terms, duties and qualifications to lie as in charter 
 provided. If such officers receive any compensation same to 
 be received as stated salary in amount to be fixed by charter 
 and paid out of treasury monthly. (Colo. XX 2.) 
 Special) provisions in case amendment providing for consolida- 
 tion of city and county of Denver be adopted respecting merger 
 and terms of existing officers and their interim powers and 
 
 duties. (Colo. XX 2.) 
 Legislature may abolish all offices in Chicago; the functions of 
 which shall be otherwise provided for. (111. IV 34.) 
 Accounting for Public Funds 
 
 To be required by law to keep account of and pay into proper 
 treasury all fees collected, and officer whose duty it is to 
 collect shall be made responsible under his bond for neglect 
 to collect. (Utah XXI 2: Wyo. XIV 2.) 
 Legislature to provide for examination of books, accounts and 
 statements of city officers charged with collection and dis- 
 bursement public funds. (Va. VII 115.) 
 Appointment 
 
 Local or special legislation relating to appointment of, forbidden. 
 
 (Minn. IV 23.)
 
 102 State Constitutions 
 
 CITIES (Cont'd) 
 
 Officers (Cont'd) 
 Compensation 
 
 See also below, this title, Finances — Expenditures, Restric- 
 tions Upon — Extra Compensation to Officers. 
 Compensation not to be increased after election or during term. 
 
 (Cal. X 9.) 
 Compensation not to be changed after election or appointment 
 
 or during term. (Ky. 161.) 
 Compensation not to be increased or diminished after election 
 
 or during term. (Wash. XI 8.) 
 To be paid fixed and definite salaries (except constables). 
 
 (Utah XXI 1.) 
 
 To be paid " fixed and definite salaries " ; legislature to fix if 
 
 not fixed by constitution and to be " in proportion to the 
 
 value of services rendered and the duty performed". (Wyo. 
 
 XIV 1.) 
 No city officer to receive for salary, fees and perquisites, more 
 than $5,000 " net profits per annum in par funds " and sums 
 in excess of this amount to be paid into city treasury as 
 directed by "appropriate legislation". (Ark. XIX 23.) 
 In cities having population of 75,000 or more sheriff, jailers 
 and marshals (?) to be paid out of state treasury by salary 
 fixed by law; but salaries of such officers and their deputies 
 and necessary office expenses not to exceed 75 per cent, of 
 fees collected by them respectively and paid into treasury. 
 
 (Ky. 106.) 
 Compensation of commissioner of revenue to be prescribed by 
 
 law. (Va. VIII 119.) 
 Local or special legislation fixing or relating to compensation or 
 salary of, forbidden. (Minn. IV 23.) 
 Corrupt Practices, Sec beloiv, this title, Corrupt Practices. 
 Creation of Offices 
 
 Local or special legislation creating offices, forbidden. (Cal. 
 IV 25; Ida. Ill 19; Minn. IV 33; Mo. IV 53; Mont. V 26; 
 N.D. II 69; Okla. V 46; Pa. Ill 7; Tex. Ill 56; Wyo. Ill 27.) 
 Election 
 
 See also Elections. 
 
 Special or local legislation providing for election of members of 
 
 boards of supervisors forbidden. (111. IV 22; N.D. II 69.) 
 Chief executive to be elected by qualified voters. (Ky. 160.) 
 Electors of city of New Orleans or any political corporation 
 within its limits to have right to choose public officers charged 
 with exercise of police power and administration of affairs of 
 said corporation. Provision not to apply to Board of Liquida- 
 tion of City Debt nor to specified kinds of boards and com- 
 missions. (La. 319.) 
 Details as to qualifications of electors of mayor of Baltimore, 
 time and manner of election, all of which legislature may 
 
 change. (Md. XI 1, 9.)
 
 Index Digest 103 
 
 1TIES (Cont'd) 
 
 Officers {Cont'd) 
 
 Election (Cont'd) 
 
 Qualified electors in state resident for six months in city prior 
 to election to be qualified to vote for mayor. ('lex. VI 3.) 
 In every city there shall be elected as provided by law one com- 
 missioner of revenue, one city treasurer, one city sergeant and 
 
 . a mayor. (Va. VIII 119, 120.) 
 Mayor to be elected on second Tuesday in June. Legislature may 
 change except that election of mayor shall not occur at same 
 time with election of other elective officers provided by con- 
 stitution. (Va, VIII 122.) 
 
 Fees 
 
 Local or special legislation fixing or relating to fees of, for- 
 bidden. (Minn. IV 23.) 
 Place of Office 
 
 To keep at such place in city as prescribed by law. (Ky. 234; 
 
 Ore. VI 8.) 
 Powers and Duties 
 
 Shall perform such duties as prescribed by law. (Ore. VI 8.) 
 Mayor to be chief executive officer and to see that dutiesi of 
 various city officers and members of police, and fire depart- 
 ments are faithfully performed. To have power to investigate 
 their acts, have access to books and documents and to examine 
 them and their subordinates on oath, but evidence so given 
 by any persons not to be used against them in criminal pro- 
 ceedings. To have power to suspend and remove such officers, 
 and the members of police and fire departments as provided 
 by legislature, but no removal to be made without notice and 
 opportunity to be heard or without right to appeal to court. 
 To have all other powers and duties conferred upon him by 
 general law. Duties of commissioner of revenue and city 
 sergeant to be prescribed by law. (Va. VIII 119, 120.) 
 Local or special legislation prescribing powers and duties of 
 forbidden. (Cal. IV 25; Ida. Ill 19; Min'n. IV 33; Mo. IV 53; 
 Mont. V 26; N.D. II 69; Okla. V 46; Pa. Ill 7; Tex. Ill 56; 
 
 Wyo. Ill 27.) 
 Qualifications and Disqualifications 
 In General 
 
 Legislature to prescribe qualifications. (Ky. 160.) 
 Qualifications of mayor of Baltimore: "person of known 
 integrity, experience and sound judgment"; 25 years of 
 age; citizen of United States; five years resident of city; 
 assessed with property in the city to amount of $2,000 
 on which paid taxes for two years, all of which legislature 
 
 may change. (Md. XI 1, 9.) 
 Any person qualified to vote at general elections to be 
 eligible to any office, subject to such additional qualifica- 
 tions as may be prescribed by legislature for city offices. 
 
 (Mont. IX 11.)
 
 104 State Constitutions 
 
 CITIES (Cont'd) 
 
 Officers {Cont'd) 
 
 Qualifications and Disqualifications {Cont'd) 
 In General (Cont'd) 
 
 Every person qualified to vote to be eligible! to office in the 
 city where he resides except as otherwise provided in the 
 constitution and except that this does not apply as to 
 residence to office elective by people where law provides 
 
 otherwise. (Va. II 32.) 
 
 Dual Office Holding 
 
 Officers and employees of or of " municipal board, commis- 
 sion or trust in any city " not eligible to serve as election 
 • officer. (Ark. Ill 10.) 
 
 No state officer or deputy or member of legislature to be 
 officer or employee of city; but notary public or officer of 
 militia not to be ineligible. (Ky. 165.) 
 
 Mayor or member of council of Baltimore not to hold during 
 term any other office of profit or trust under ordinance 
 or law relating to city or any position, the compensation 
 of which is paid directly or indirectly out of city treas- 
 ury; legislature may change. (Md. XI 5, 9.) 
 
 " In cities or counties having more than 200,000 inhabitants, 
 no person shall, at the same time, be a state officer and 
 an officer of any county, city or other municipality; and 
 no person shall, at the same time, fill two municipal 
 offices, either in the same or different municipalities; but 
 this section shall not apply to notaries public, justices of 
 the peace or officers of the militia." (Mo. IX 18.) 
 
 No person eligible to legislature who is or who has been 
 within 100 days previous to his election an officer under 
 any city government. (N.Y. Ill 8.) 
 
 Member of legislature not to receive " any civil appoint- 
 ment * * from any city government'" during time 
 for which elected ; such appointment or votes for his 
 election void; acceptance after election to legislature of 
 appointment to any office under any city government va- 
 cates his seat. (X.Y. Ill 7. S.) 
 
 No person holding "office, appointment or employment in 
 or under any city or municipal board, commission or 
 trust " therein (except justices of the peace and aldermen) 
 to be qualified to serve as election officer until two months 
 after expiration of such office or appointment. (Pa. 
 
 VIII 15.) 
 
 Xo election officer to be eligible to any office filled at election 
 at which he serves, except " such subordinate, municipal 
 or local officers below the grade of city or county officers 
 as shall be designated by law". (Pa. VIII 15.) 
 Persons holding elective office of trust or profit not to be 
 appointed to election office. (Va. II 31.)
 
 I M)KX DlGEST 1 ( '"> 
 
 CITIES (Cont'd) 
 
 Officers (Cont'd) 
 Removal 
 
 See also above, this subdivision, Powers and Duties. 
 Legislature to prescribe causes for and manner of removal. 
 
 (Ky. 160.) 
 In case of elected officers removal to be in manner and for cause 
 
 prescribed by law. (Mich. IX 8.) 
 "On conviction in a court of law of wilful neglect of duty or 
 misbehavior in office " mayor of Baltimore may be removed 
 by governor and .successor to be elected " as in case of va- 
 cancy ", subject to change by legislature. (Md. XI (5, !).) 
 Legislature to provide in addition to other penalties for removal 
 of on conviction of wilful, corrupt or fraudulent violation or 
 neglect of official duty. (Mo. XIV 7.) 
 Mayor, intendants and all other officers of incorporated cities 
 may be removed by circuit or other court of like jurisdiction 
 or criminal court of city in which such officers hold office as 
 prescribed by law, provided, that right to jury trial and appeal 
 be secured, for following causes: '* wilful neglect of duty, cor- 
 ruption in office, incompetency, or intemperance in the use of 
 intoxicating liquors or narcotics to such an extent, in view 
 of the dignity of the office and importance of its duties, as 
 unhts the officer fur the discharge of such duties, or for any 
 offense; involving moral turpitude while in office, or committed 
 under color thereof, or connected therewith". Penalty not to 
 extend beyond removal and disqualification from holding office 
 under authority of state for term for which removed officer 
 elected or appointed, but accused to be liable to indictment or 
 punishment as prescribed by law. (Ala. VII 175, 173, 176.) 
 Residence 
 
 Officers to reside in city. ( Ky. 234.) 
 Rotation in Office 
 
 No chief executive or fiscal officer of city of first or second class 
 to be eligible for succeeding term; "fiscal officer" not to in- 
 clude auditor or assessor or any officer whose chief duty is not 
 the collection or holding of public moneys. (Ky. 160.) 
 Selection 
 
 Other than chief executive and members of councils to be elected 
 by qualified voters or appointed by local authorities as legisla- 
 ture by general law provides. (Ky. 160.) 
 If not provided for by constitution, shall be elected by electors 
 of city or division thereof or shall be appointed by such city 
 authorities as legislature shall designate. (X.Y. X 2; Wis. 
 
 XI II 9.) 
 
 Such officers as may be necessary other than those mentioned in 
 
 the constitution to be elected or appointed as prescribed by 
 
 law. (Ore. VI 7.) 
 All city officers whose election or appointment is not provided by 
 constitution to be elected or appointed as legislature desig- 
 nates. (Va. VIII 110, 120.)
 
 10G State Constitutions 
 
 CITIES (Cont'd) 
 
 Officers {Cont'd) 
 Term 
 
 Term not to be extended beyond time for which elected or ap- 
 pointed. (Cal. XI 9; Ky. 161; Wash. XI 8.) 
 Term of chief execul ive and of elected officers other than mem- 
 bers of councils to be four years and until successors qualify. 
 
 (Ky. 160.) 
 
 In New Orleans commencement of term to be first Monday in 
 
 December following election until otherwise provided by law. 
 
 (La. 207.) 
 Special provision for commencement of term of mayor of Balti- 
 more elected under amendment. (Md. XI 1.) 
 Terms to expire at end of odd numbered year, but this does not 
 
 apply to cities of third class. (N.Y. XII 3.) 
 Term to commence first Monday of December in odd numbered 
 year until legislature provides otherwise. (Pa. Sched. 2.) 
 Commissioner of revenue, city treasurer, city sergeant and city 
 mayor to serve for terms of four years. Term of mayor to 
 begin first day of September succeeding his election and terms 
 of all other elective officers to begin on first day of January 
 succeeding election. Legislature may change except that the 
 beginning of term of mayor not to occur at same time as the 
 beginning of terms of other elective officers provided for by 
 constitution. (Va. VIII 119, 120, 122.) 
 Vacancies 
 
 Vacancies to be filled in manner prescribed by law. (Ky. 160; 
 
 Ore.' VI 9.) 
 
 Employees 
 
 See also Labor — Public Works. 
 
 Not eligible to serve as election officers. (Ark. Ill 10.) 
 All appointments and promotions in civil service of to be made 
 " according to merit and fitness to be ascertained so far as prac- 
 ticable by examination which so far as practicable shall be com- 
 petitive"; but citizen veterans of Civil War resident in state to 
 be entitled to preference without regard to standing on eligible 
 list; laws to be passed to enforce this section. (N.Y. V 9.) 
 Legislature may regulate and fix wages and salaries and hours of 
 work and make provision for protection, welfare and safety of. 
 
 (N.Y. XII 1.) 
 "Appointments and promotions in the civil service * * * shall 
 be made according to merit and fitness, to be ascertained, as far 
 as practicable, by competitive examinations." Legislature to en- 
 force this provision. (Ohio XV 10.) 
 Corrupt Practices 
 
 Illegal Use of Funds 
 
 Making a profH out of public money or using for purpose not 
 authorized by law by any officer having possession or control 
 thereof to he felony; prosecuted and punished as prescribed by 
 law. (Cal. XI 17; Mo. X 17; Wash. XI 14; Wyo. XV 8.)
 
 Index Digest 107 
 
 CITIES (Cont'd) 
 
 Corrupt Practices (Cont'd) 
 
 Illegal Use of Funds (Cont'd) 
 
 Receiving by officer of any interest, profit or perquisite arising 
 from use or loan of public funds in his hands or moneys to be 
 raised through his agency fur state, city, town, district or 
 county purposes to be felony, punished as prescribed by law, 
 including discmalification to hold office. ( Ky. 173; Okla. 
 
 X 11.) 
 Making profit out of or using for unauthorized purpose to be 
 felony and punished as provided by law. (S.D. XI 11.) 
 Interest in Contracts 
 
 Neither mayor, members of council nor any other officer under 
 city of Baltimore to be interested while holding such office in 
 contract to which city is party; legislature may change. (Md. 
 
 XI 5, 9.) 
 Xo public officer or member of legislature to be interested di- 
 rectly or indirectly in contracts authorized by any law passed 
 or order made by board of which he is or was member during 
 term for which he was chosen or within one year after termi- 
 nation of term. (Miss. IV 109.) 
 Member of legislature or state officer not to be interested in 
 contract authorized by law passed during his term or within 
 one year after its termination. (Xebr. Ill 13.) 
 Free Transportation 
 
 See also Public Officers — Free Passes, etc. 
 Common carrier forbidden to give free pass or reduced rates and 
 officer forbidden to accept under penalty of forfeiture of office. 
 
 Legislature to enforce. (Ky. 197.) 
 Potters and Rights 
 
 See also this title generally. 
 
 For provisions relating to power of city or combined city and 
 county to frame its charter, See Municipal Home Rule — Power 
 of Municipality to Frame Its Charter. 
 For provisions relating to eminent domain and excess condemnation, 
 
 See Eminent Domain. 
 For provisions relating to taxation, See Taxation. 
 For provisions relating to special assessments for benefits, See 
 
 Taxation — Special Assessments. 
 For provisions relating to sale of liquors, See Liquors. 
 In General 
 
 Cities authorized to make and enforce within limits such local, 
 police, sanitary and other regulations as are not in conflict 
 with general laws. (Cal. XI 11; Wash. XI 11.) 
 Cities organized under charters adopted under constitutional 
 provisions relating to local framing of charters may " make 
 and enforce all laws and regulations in respect to municipal 
 affairs subject only to the restrictions and limitations pro- 
 vided in their several charters, and in respect to other matters 
 they shall be subject to control by general laws ". (Cal. XI 6.)
 
 10S State Constitutions 
 
 CITIES (Cont'd) 
 
 Powebs and Rights [Cont'd] 
 
 In General ( Con I'd) 
 
 Incorporated cities may make and enforce within limits such 
 local, police, sanitary and other regulations as are not in con- 
 flict with charier or general laws. (Ida. XII 2.) 
 Legislature may by general law confer upon councils of cities 
 all such powers of local and special legislation as it deems 
 expedient not inconsistent with constitution. (Va. IV 05.) 
 Powers of each class to be defined by general laws so that all 
 municipal corporations of the same class shall possess same 
 powers and be subject to the same restrictions. (Colo. XIV 
 
 13; Ky. 150; Mo. IX 7.) 
 Citips " may acquire, own, establish and maintain either within or 
 without corporate limits parks, boulevards, cemeteries, hos- 
 pitals, almshouses and all works which involve the public 
 health or safety". (Mich. Mil 22.) 
 Right to reasonable control of streets or alleys and public places 
 
 reserved to city. (Mich. VIII 28.) 
 Legislature to delegate necessary power to incorporated cities 
 for location of Chinese within prescribed portion of city, and 
 for removal of Chinese without city limits. (Cal. XIX 4.) 
 Board of commissioners of port of Xew Orleans authorized to 
 build and operate canal connecting Lake Pontchartrain and the 
 Mississippi, and to expropriate all property necessary there- 
 for. Location to be fixed by commission council of city and 
 plans to be approved by commissioners of port, commission 
 council, board of levee commissioners of Orleans levee district, 
 and state board of engineers. (La. 322, Sec. 3, Amend. 1914.) 
 Cities of first and second class may incur debt for specified pur- 
 poses for public buildings, structures and grounds and other 
 -public improvements, which improvements may be within or 
 outside the corporate limits of the municipality. (Ark. 
 
 * XVI 1.) 
 Legislature may enact laws authorizing cilies to pension meri- 
 torious and disabled firemen. (Okla. V 41.) 
 Restrictions Upon 
 In (I en end 
 
 No city to "abridge elective franchise". (Mich. VII 25.) 
 Rights in and to water front, wharves, public landings, 
 docks, streets, avenues, parks, bridges and other public 
 places, and its gas, water and electric works, not to be sold 
 except by ordinance or resolution. (Detailed provisions 
 as to number of votes necessary for passage and. for 
 passage over veto.) Nothing herein contained to prevent 
 legislature from prescribing additional restrictions on 
 power to sell or lease property or as repealing any such 
 restriction now required in any existing charter. (Va. 
 
 VIII 125.)
 
 Ixdkx Digest 100 
 
 CITIES (Cont'd) 
 
 Powers and Rights (Cont'd) 
 Restrictions Upon (Cont'd} 
 Stock and Bond Holding 
 
 Not to become subscriber to or shareholder in any company 
 or corporation. (Ariz. IX 7; Colo. XI 2; Mont. XHI 1; 
 
 N.D. XII 185.) 
 Not to become stockholder in company, association or cor- 
 poration. ( Ark. XII 5.) 
 Not to subscribe to stock or purchase bonds of any railroad 
 corporation; but this docs not aiTect validity of bonds or 
 debts incurred under laws existing prior to constitution. 
 
 (Conn. Amend. XXV.) 
 Not to become shareholder in any private corporation or 
 
 company. (Del. VIII S; Wyo. XVI 6.) 
 Not to become by vote of its citizens or otherwise stock- 
 holder in any joint stock company, corporation or asso- 
 ciation. (Ida. XII 4.) 
 Not to become subscriber to or owner of stock' or interest 
 therein of any railroad, private corporation or associa- 
 tion. (Nebr. Xla 1.) 
 Not to become stockholder in joint stock company, corpora- 
 tion or association, except railroad corporations, compa- 
 nies or associations. (Xcv. VIII 10.) 
 Not to become directly or indirectly owner of stocks or 
 bonds of any association, company or corporation. (N.J. 
 I 19; X.Y. VIII 10; Wash. VIII 7.) 
 Not to become holder of corporate stock by vote of citizens 
 
 or otherwise. (Ore. XI 9.) 
 ftot to become " stockholder with others " in company, asso- 
 ciation or corporation, except on assent of three-quarters 
 qualified voters voting at election thereon. (Tenn. II 29.) 
 Legislature not to authorize to become stockholder in any 
 company, association or corporation. (Mo. IV 47; Okla. 
 
 X 17; Pa. IX 7; Tex. HI 52.) 
 Legislature not to authorize city or subdivision thereof to 
 become stockholder in any company, association or cor- 
 poration. (Ky. 179.) 
 Legislature not to authorize becoming stockholder in foreign 
 
 association or corporation; ( Fla. IX 10.) 
 Legislature not to authorize to become stockholder in any 
 corporation, association, or company by issuing bonds or 
 
 otherwise. I Ala. IV 94.) 
 No law to authorize cities beeoiriing stockholder in any 
 company by vote of citizens or otherwise; but this does 
 not prevent insuring public buildings in mutual insurance 
 
 companies. (Ohio VIII 6.) 
 
 Legislature not to authorize cities to subscribe to stock or 
 
 bond in aid of any railroad, telegraph, or other private 
 
 individual or corporate enterprise or undertaking. (Utah 
 
 VI 31.)
 
 110 State Constitutions 
 
 CITIES (Cont'd) 
 
 Powers and Eights [Cont'd) 
 Restrictions Upon (Cont'd) 
 
 Stock and Bond Holding (Cont'd) 
 
 City not to subscribe to stock or purchase bonds or make 
 donation to any railroad corporation; but this does not 
 affect validity of bonds or debts incurred under laws ex- 
 isting prior to constitution and not to be construed to pro- 
 hibit legislature from authorizing city to protect by ad- 
 ditional appropriation any railroad debt contracted prior 
 to constitution. (Conn. Amend. XXV.) 
 
 Subscription to capital stock of any railroad or private cor- 
 poration by cities forbidden, but this not to affect right 
 to make such subscriptions when authorized under existing 
 laws by vote of people prior to adoption of this amend- 
 ment. (111. Amend. 1870 — Municipal Subscriptions to 
 
 Corporations.) 
 
 City not to become subscriber to stock of railroad or other 
 corporation or association. Authority previously con- 
 ferred by legislature or by charter of any corporation, 
 repealed; but this does not prevent such subscription 
 where authorized by vote of people prior to constitution 
 or to prevent renewal bonds or other means prescribed 
 by law for payment of such subscription or of any in- 
 debtedness prior to constitution. (Miss. VII 1S3; Mo. 
 
 IX 6.) 
 
 Not to become subscriber to stock of private corporation or 
 association; this not to affect obligations undertaken pur- 
 suant to law prior adoption constitution. (Tex. XI 3.) 
 
 Not to subscribe to or become interested in "stock or obli- 
 gations " of company, association or corporation " for 
 the purpose of aiding in the construction or maintenance 
 of its work ", but this not to prevent city perfecting sub- 
 scription to capital stock of railroad company authorized 
 by existing charter provided vote of freeholders of such 
 city in favor of such subscription is had prior to July 1, 
 1903. (Constitution effective July 10, 1902.) (Va. XIII 
 
 1S5.) 
 Joint Ownership 
 
 Not to become joint owner with any person, company or 
 corporation, except as to such ownership as " may accrue 
 to the state by operation or provision of law ". ( Ariz. 
 
 IX 7; Mont. XIII 1.) 
 
 Not to become joint owner with any person or corporation, 
 " public or private ", " in or out of state " except such 
 ownership as may accrue to city jointly with any person, 
 company or corporation by forfeiture or sale of real 
 • •-tafe for non-payment of taxes or by donation or de- 
 vise for public use or by purchase by or on behalf of any 
 or either of them jointly with any or either of them under
 
 Indk.X QlGEST 111 
 
 CITIES (Cont'd) 
 
 Powers and Eights (Cont'd) 
 Restrictions Upon (Cont'd) 
 Joint Ownership (Cont'd) 
 
 execution in cases of crimes, penalties or forfeiture of 
 recognizance, breach of condition of official bonds, or of 
 bond to secure public money or the performance of any 
 contract in which they or any of them may be jointly or 
 
 severally interested. (Colo. XI 2.) 
 Not to become joint owner in any private corporation, 
 
 person or company. (Del. VIII 8.) 
 No law to authorize becoming joint owner in any company, 
 by vote of citizens or otherwise, but this does not pre- 
 vent insuring public buildings in mutual insurance com- 
 panies. (Ohio VIII G.) 
 Control by State 
 In General 
 
 For legislative restrictions on city's power to borrow money, 
 contract debts and lend credit, Sec beloio, tliis title, Debt, 
 and for similar restrictions on city's power to levy taxes, See 
 
 Taxation — Local Taxes. 
 Local and private acts passed for the benefit of cities not incon- 
 sistent with supreme law of this constitution and not expired 
 or repealed prior its adoption to have force of statute law 
 subject to judicial decision as to validity when passed and to 
 limitations imposed by their own terms. (Ga. XII Sec. I 4.) 
 Detailed provisions of constitution respecting city " not to be 
 so construed or taken as to make the political corporation of 
 Baltimore independent of or free from the control which 
 (legislature) has over all such corporations in this state". 
 
 (Md. XI 9.) 
 Legislature may provide general laws relating to affairs of cities 
 the application of which may be limited to cities of over 
 50,000 or to .cities of 50,000 and not less than 20,000, or to 
 cities of 20,000 and not less than 10,000, or to cities of 10,000 
 or less, which shall apply equally to all such cities of cither 
 class and which shall be " paramount " to provisions relating 
 to same matters included in any local charter framed by such 
 cities under provisions of the constitution. No local law 
 enacted thereunder to supersede any general state law de- 
 fining crimes and misdemeanors. (Minn. IV 36.) 
 Despite provisions of constitution authorizing city to frame its 
 own charter, legislature to have " same power over the city 
 and county of St. Louis that it has over other cities and 
 counties of this state". (Mo. IX 25.) 
 Laws relating to "property, affairs or government of cities and 
 the several departments thereof " divided into " general and 
 special city laws ". General laws relate to all cities of one or 
 more classes and special laws relate to single city or less than
 
 112 State Constitutions 
 
 CITIES (Cont'd) 
 
 Control by State (Cont'd) 
 In General (Cont'd) 
 
 all of a class. Passage of special laws prohibited except in 
 conformity with following provisions: After passage by both 
 houses, originating house to transmit certified copy to mayor. 
 Mayor shall return within 15 days to originating house, or 
 if session terminated to governor, with his certificate thereon 
 stating whether city has accepted. In cities of first class, the 
 mayor to have power to accept; but legislature may provide 
 for concurrence of legislative body; in cities other than those 
 of first class, mayor and legislative body concurrently. Legis- 
 lature to provide for public notice and opportunity for public 
 hearing in city affected before city's action. Bills for special 
 laws relating to more than one city to be sent to mayor of 
 each and not to be deemed accepted unless accepted by all. 
 Bills accepted by cities affected to be subject as other bills to 
 governor's action. If not returned within 15 days or returned 
 without approval bill may be repassed by both houses and 
 thereupon be subject to governor's action. Titles of accepted 
 bills to be followed by words " accepted by the city " or 
 " cities ", and of bills passed without acceptance by words 
 " passed without the acceptance of the city " or " cities ". 
 
 (N.Y. XII 2.) 
 
 Legislature to provide by general laws for extension and con- 
 traction of corporate limits and no special acts for such pur- 
 poses to be valid. (Va. VIII 126.) 
 
 Cities " heretofore or hereafter organized " shall be subject to 
 and controlled by general laws. (Wash. XI 10.) 
 Restrictions Upon 
 
 Legislature not to delegate to any special commission, private 
 corporation, company, association or individual " any power 
 to make, control, appropriate, supervise or in any way inter- 
 fere with any city " improvement, money, property or effects 
 wbether held in trust or otherwise, or to levy taxes or assess- 
 ments or perform any municipal functions whatever, but 
 legislature may provide for supervision and conduct of affairs 
 of irrigation districts, reclamation districts or drainage dis- 
 tricts. (Cal. XI 13.) 
 
 No law based on provision of constitution authorizing legislative 
 charter for Chicago, to take effect until approved by majority 
 Legal voters of city voting thereon at general, municipal or 
 special election; and no such local or special law affecting 
 specially any part of the city to take effect until approved by 
 majority of legal voters of such part of city voting on ques- 
 tion at such election. (111. IV 34.) 
 
 I egislature may provide for change of boundaries of Chicago by 
 inexation or disconnection of territory by consent of majority 
 legal voters <>f city, arid of sutiri territory, voting on question 
 at general, municipal or special election. (111. IV 34.)
 
 I mikx Digest 1 l.°> 
 
 CITIES (Cont'd) 
 
 Control by State (Cont'd) 
 
 Restrictions Upon (Cont'd) 
 
 Legislature not to enact indirectly any special or local act by 
 
 exempting from the operation of a general act. (Ky. 60.) 
 Streets, alleys or public ground in any city not to be vacated or 
 
 altered by legislature. (Mich. VI 11 27.) 
 Local or special legislation regulating affairs of, forbidden. 
 (Minn. IV 33; Mo. IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill 56.) 
 Local or special legislation legalizing unauthorized or invalid 
 acts of officers of city, prohibited. (Ky. 59.) 
 Finances 
 
 For provisions incident nil y relating to finances. See also above, this 
 
 title, - Powers and Rights " } and "Control by State". 
 In General 
 
 Any citizen may institute suit in behalf of himself and others 
 interested to protect inhabitants of city against " enforce- 
 ment of any illegal exactions whatever". (Ark. XVI 3.) 
 When city maintains institutions for support of dependent chil- 
 dren and aged persons it is entitled to receive same pro rata 
 appropriations as state giants to similar institutions under 
 church or other control. (Cal. IV 22.)' 
 One-half net amount of all parish taxes and licenses, levied and 
 collected within corporate limits of Baton Rouge to be paid 
 over for use of said city. (La. 282.) 
 Occupation taxes, licenses, fines, forfeitures, penalties and other 
 duties accruing " to be collected only in current money ". 
 
 (Tex. XI 4.) 
 Deposits 
 
 All moneys, assessments and taxes belonging to or collected for 
 the use of cities coming into hands of any officer to be imme- 
 diately deposited with treasurer or other legal depositary to 
 its credit for benefit of fund to which belonging. (Cal. XI 
 
 16; Wash. XI 15.) 
 All city money except as otherwise provided in constitution shall 
 whenever practicable be deposited in a national bank or bank 
 incorporated under laws of state; bank to furnish security 
 approved as provided by law and to pay reasonable rate of 
 interest, such interest to accrue to the fund from which it is 
 
 derived. (Wyo. XV 7.) 
 Claims by and Against 
 
 " In all cases of allowances made for or against " city appeal to 
 lie to circuit court at instance of party aggrieved or on inter- 
 vention of citizen or resident and taxpayer of city on terms 
 and conditions on which appeals granted to that court in 
 other cases. Matter to be tried de novo. Citizen appealing 
 to give bond payable to city, conditioned to prosecute appeal 
 and save city from costs thereon. (Ark. VI! 51.) 
 Obligations due city not to be remitted, released or post pone 1 
 or in any way diminished except by payment into proper
 
 114 State Constitutions 
 
 CITIES (Cont'd) 
 
 Finances (Cont'd) 
 
 Claims by and Against (Cont'd) 
 
 treasury; not to be exchanged or transferred except upon 
 payment of its face value; but legislature may provide by law 
 for the compromise of doubtful claims. (Miss. IV 100.) 
 Local or special legislation releasing indebtedness, liability or 
 obligation of person or corporation to city, forbidden. (Nev. 
 
 IV 20.) 
 Execution not to issue on judgment against incorporated city 
 or against any officer therein in his official capacity and for 
 which the city is liable; such judgment shall be paid out of 
 the proceeds of a tax levy and when so collected shall be paid 
 by the "county treasurer" to the judgment creditor. (N.M. 
 
 VIII 7.) 
 Expenditures, Restrictions Upon 
 
 For similar restrictions upon city's power to incur debts or lia- 
 bilities, See below, this title, Debt. 
 In General 
 
 Not to be authorized or permitted to pay claim under con- 
 tract made without express authority of law. (Ky. 162.) 
 Not to pay any debt or interest thereon contracted directly 
 
 or indirectly in aid of the rebellion. (N.C. VII 13.) 
 Not to pay any debt or obligation created by such city in 
 aid of Civil War. (Va. XIII 186.) 
 Aid to Private Enterprise 
 
 Donations to railroad or private corporation prohibited. 
 (111. Amend. 1870. Municipal Subscriptions to Corpora- 
 tions.) 
 City not to make appropriation in aid of any railroad or 
 - other corporation or association. (Miss. VII 183.) 
 Not to appropriate or obtain money for any company, asso- 
 ciation or corporation. (Ark. XII 5.) 
 Not to appropriate money to any private corporation, per- 
 son or company. (Del. VIII 8.) 
 Not to make donation or grant by subsidy or otherwise to 
 individual, association or corporation. (Ariz. IX 7; 
 
 Mont. XIII 1.) 
 Not to make by vote of citizens or otherwise donation to or 
 in aid of any joint stock company, corporation or associa- 
 tion. (Ida. XII 4.) 
 Not to make donation or grant to or in aid of any person, 
 company or corporation, " public or private " in or out of 
 
 state. (Colo. XI 2.) 
 Not to give or loan money to or in aid of any individual, 
 
 association or corporation. (N.J. I 19.), 
 Not to make donation to or in aid of individual, associa- 
 tion or corporation, except for necessary support of poor. 
 (N.D. XII 185; Wash. VIII 7; Wyo. XVI 6.)
 
 I m»i:.\ Digest 115 
 
 CITIES (Cont'd) 
 
 Finances (Cont'd) 
 
 Expenditures, Restrictions Upon (Cont'd) 
 Aid to Private Enterprise (Cont'd) 
 
 Not to give money or property or lend money to or in aid 
 of any individual, association or corporation; but this not 
 to prevent making such provision for aid and support of 
 its poor as may be authorized by law. (NY. VIII 10.) 
 Not to make appropriation or donation to private corpora- 
 tion or association; this not to affect obligations under- 
 taken pursuant to law prior adoption constitution. (Tex. 
 
 XI 3.) 
 Appropriation or donation to or in aid of railroad or other 
 corporation or association, or " college or institution of 
 learning or other institution whether created for or to be 
 controlled by the state or others ", forbidden. Authority 
 previously conferred by legislature or by any corporate 
 charter repealed; but does not prevent payment of sub- 
 scription to corporate stock made or approved by people 
 prior to constitution or the payment of then existing debt. 
 
 (Mo. IX 6.) 
 Not to make appropriation or pay from any public fund or 
 grant anything to or in aid of religious sect, church, 
 creed or sectarian purpose or help to support or sustain 
 any school, college, university, hospital or other institu- 
 tion controlled by any religious creed, church or sectarian 
 denomination, but this does not prevent legislature grant- 
 ing aid to institutions for the support and maintenance 
 of dependent children and indigent aged persons authorized 
 
 by constitution. (Cal. IV 30.) 
 
 Legislature not to authorize city to obtain or appropriate 
 
 money for or levy tax for any corporation, association or 
 
 individual. (Okla. X 17.) 
 
 Legislature not to authorize obtaining or appropriating 
 
 money by city for corporation, association, institution or 
 
 individual. (Fla. IX 10.) 
 Legislature not to authorize appropriation of money by city 
 to " any corporation, association, institution or indivi- 
 dual ". (Pa. IX 7.) 
 Legislature not to authorize city to grant public money or 
 thing of value to or in aid of individual, association or 
 
 corporation. (Tex. Ill 52.) 
 Legislature not to authorize to grant public money or thing 
 of value to or in aid of individual, association or cor- 
 poration by issuing bonds or otherwise. (Ala. IV 04.) 
 Legislature not to authorize city to appropriate money to 
 any corporation,- association or individual except for pur- 
 pose of constructing or maintaining bridges, turnpike 
 
 roads or gravel roads. (Ky. 179.)
 
 116 State Constitutions 
 
 CITIES {Cont'd) 
 
 Finances {Cont'd) 
 
 Expenditures, Restrictions Upon (Cont'd) 
 Aid to Private Enterprise {Cont'd) 
 
 Legislature not to authorize grants of public money to or in 
 aid of individual or association or corporation. But this 
 not to be construed to prevent legislature authorizing 
 cities which have organized fire department to create, 
 maintain and manage fund taken from municipal revenue 
 for pensioning disabled firemen and for relief of widows 
 and minor children of deceased firemen. (Mo. IV 47.) 
 Extra Compensation to Officers 
 
 See also Public Officers — Compensation. 
 Not to grant extra compensation to public officer, employee, 
 agent, or servant or increase compensation of public offi- 
 cer, or employee to take effect during continuance in 
 office of any person whose salary might be thereby in- 
 creased. ( Conn. Amend. XXIV. ) 
 Common council not to grant extra compensation to " public 
 officer", servant or agent. (N.Y. Ill 28.) 
 Extra Compensation to Contractors 
 See also Public Contracts. 
 
 Not to increase pay or compensation of any public con- 
 tractor above amount specified in the contract. (Conn. 
 
 Amend. XXIV.) 
 Common council not to grant extra compensation to con- 
 tractor. (N.Y. Ill 28.) 
 Referendum 
 
 City of Baltimore not to grant aid to or make appropriation 
 for works of internal improvements unless authorized by 
 - act of legislature and city ordinance approved by ma- 
 jority votes cast at election provided for by such ordi- 
 nance. (Md. XI 7.) 
 Donations in aid of railroad and internal improvements not 
 to be made unless proposition has been first submitted 
 to qualified electors at an election authorized by law. 
 Limit upon may by two-tbirds vote be increased 5 per 
 cent, in addition to 10 per cent, of assessed valuation. 
 
 (Nebr. XII 2.) 
 
 In elections to determine expenditure of money only those 
 
 to be qualified who pay taxes on property therein. (Tex. 
 
 VI 3.) 
 Payment of tax on property valued at $1,34 for next pre- 
 ceding year required for vote on proposition for expendi- 
 ture of money in any city. (R.I. Amend. VII 1.) 
 Debt, See below, this title, Debt. 
 Taxation, See Taxation. 
 Debt 
 
 Por prdvisibtis respecting debts of "municipalities" which in some 
 states nuij! include citir.^, See Municipalities — Debt.
 
 1 M)i:\ Di'oesqb 1 17 
 
 CITIES (Cont'd) 
 Debt [Cont'd) 
 
 For exemption of from taxation, See Taxation — Exemptions. 
 Existing Time Adoption Constitution 
 
 Specified cities may pay existing indebtedness for construction 
 of waterworks when two-thirds of electors voting at election 
 for that purpose so decide, and statute of limitations not to 
 
 apply. (Cal. XI 18.) 
 Nothing in this article to be construed to impair or add to obli- 
 gation of debts contracted in accordance with territorial law; 
 or to prevent contracting any debt or issuing bonds therefor 
 in accordance with laws of territory upon proposition which 
 according to such laws was submitted to qualified electors 
 before constitution took effect. (Colo. XI 9.) 
 Nothing in constitution to deprive legislature of power to au- 
 thorize Quincy to create indebtedness approved by people prior 
 to December 13, 1869 (constitution signed May 13, 1870), for 
 "railroad or municipal purposes". (111. Sched. 24.) 
 Authorized to pay debts existing under territory either by tax 
 levy or by issuing bonds under provisions of laws extended 
 in force in state. Nothing in constitution to legalize invalid 
 debt or impair any defense against payment thereof. (Okla. 
 
 Sched. 25.) 
 Nothing in this article to impair or add to obligation of any 
 debt contracted prior to constitution under laws of territory; 
 and limit on amount of debt not to prevent incurring debt 
 under proposition submitted to qualified electors under laws 
 of territory prior to adoption of constitution. (Utah XIV 7.) 
 May be bonded in sum -not exceeding 4 per cent, on assessed 
 value taxable property in city as shown by last general as- 
 sessment. (Wyo. XVI 3.) 
 Power to Incur Generally 
 
 Legislature to restrict power of borrowing money, contracting 
 debts and loaning credit so as to prevent abuses. (Kan. XII 
 5 N.Y. XII 1; N.C. XIII 4; Ohio XIII 6; Wis. XI 3.) 
 Legislature to restrict city's power of borrowing money, con- 
 tracting debts or loaning credit except for procuring supplies 
 
 of water. (Xev. VIII S.) 
 
 Acts of legislature incorporating cities to restrict their powers 
 
 of borrowing money, contracting debts and loaning credit. 
 
 (Ore. XI 5.) 
 
 Legislature to restrict power of cities to borrow money and 
 
 contract debts so as to prevent abuse of such power. (Ark. 
 
 XII 3.) 
 Legislature to restrict by general laws powers of borrowing 
 
 money or contracting debts. (Mich. VIII 20; S.C. VIII 3.) 
 Provision to be made by general laws to prevent almse of 
 powers of borrowing money and contracting debts. (Miss. IV. 
 
 80.)
 
 118 State Constitutions 
 
 CITIES (Cont'd) 
 Debt ( Cont'd) 
 Purpose 
 
 In General 
 
 Limited to "city purposes"; but city may make provision 
 as authorized by law " for the aid or support of its 
 
 poor". (N.Y. VIII 10.) 
 
 Xo debts to be contracted except in pursuance of law for 
 public purpose specified by law. (S.C. VIII 3.) 
 
 To be incurred only for strictly city purposes ( Utah XIV 
 
 4; Wash. VIII 6.) 
 
 Xot to lend credit for other than municipal purposes'. 
 
 (Mich. VIII 25.) 
 
 City and county of Denver authorized to issue bonds on vote 
 of taxpaying electors at special or general election in 
 " any amount necessary to carry out any of said powers 
 or purposes as may by charter be provided ". ( Colo. 
 
 XX 1.) 
 
 After filing charter framed under provisions authorizing 
 city to frame its own charter city may provide and 
 legislate for issuance, refunding and liquidation of all 
 kinds of municipal obligations, including bonds and 
 other obligations of park, water and local improvement 
 districts. (Colo. XX G.) 
 
 Xot to issue interest bearing evidences of indebtedness ex- 
 cept bonds authorized by law to pay debt existing time 
 adoption constitution ; but cities of first and second class 
 may issue bonds for specified purposes " and for any and 
 all public buildings., structures or grounds that may be 
 required by said municipality for the proper and 
 economic administration of its government and for any 
 other public improvements of a general nature for the 
 use and benefit of said municipality " when approved on 
 referendum. Such improvements may be within or out- 
 side the corporate limits of such municipality. (Ark. 
 
 XVI 1.) 
 
 When any city or city and county adopts voting machines, 
 governing body may provide for payment thereof by 
 issuing interest bearing bonds, certificates of indebted- 
 ness or other obligation; not to be sold for less than par 
 and payable at such times not exceeding 10 years as may 
 be determined. (Colo. VII 8.) 
 
 May contract debt for school, water, sanitary and illumin- 
 ating purposes provided city contracting such debt own 
 " its just proportion of the property thus created and 
 receive from any income arising therefrom, its propor- 
 tion to Hie whole amount so invested". (Ida. XII 4.) 
 
 Not to assume any debt contracted directly or indirectly 
 in aid of the Rebellion. (N.C. VII 13.) 
 
 Cities bordering on gulf may issue bonds for sea walls, 
 breakwaters or sanitary purposes. (Tex. XI 7.)
 
 Index Digest 119 
 
 CITIES (Cont'd) 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 In General (Cont'd) 
 
 Commissioners of port <»t' New Orleans authorized to issue 
 mortgages or bonds for cost chargeable against specified 
 canal and improvements. (La. 322.) 
 Aid to Private or Corporate Enterprise 
 
 For provisions respecting city's power to be interested in 
 or to make grants or donations to suck enterprise, See 
 above, this title, "Powers and Rights — Restrictions 
 Upon ", and " Finances — Expenditures — Restrictions 
 
 Upon ". 
 
 Legislature not to authorize to lend credit to or in aid of 
 individual, association or corporation by issuing bonds 
 or otherwise. (Ala. IV 1)4.) 
 
 Not to give or lend credit in aid of individual, association 
 or corporation. (Ariz. IX 7; Mont. XIII 1.) 
 
 Not to lend credit for any purpose whatever; and no muni- 
 cipality to grant financial aid towards construction of 
 railroads or other private enterprises operated by any 
 private person or corporation. Not to obtain money for 
 or loan credit to corporation, association, institution or 
 individual. (Ark. XVI 1, XII 5.) 
 
 Legislature not to authorize cities or " cities and counties " 
 to give or lend credit of city in aid of any person, associa- 
 tion or corporation or pledge credit thereof for payment 
 of liabilities of any individual, association or corpora- 
 tion. (Cal. IV 31.) 
 
 Not to lend or pledge credit or faith in any manner to or in 
 aid of any person, company or corporation for any 
 amount or for any purpose, " public or private ", or be- 
 come responsible for any debt, contract or liability of any 
 person, company or corporation, "public or private", in 
 or out of state. (Colo. XI 1.) 
 
 Forbidden to lend credit directly or indirectly in aid of 
 any railroad corporation; but not to affect validity of 
 bonds or debts incurred under laws existing prior to con- 
 stitution and not to be construed to prohibit legislature 
 from authorizing city to protect by additional credit 
 railroad debt contracted prior to adoption of constitu- 
 tion. (Conn. Amend. XXV.) 
 
 Not to lend credit to or assume debt of any private cor- 
 poration, person or company. (Del. VIII 8.) 
 
 Legislature not to authorize loan of credit to any corpora- 
 tion, association, institution or individual. (Fla. IX 10; 
 
 Pa IX 7.) 
 
 Not to lend or pledge credit or faith in any manner to or 
 in aid of any individual, association or corporation for 
 any amount or any purpose or become responsible for
 
 120 State Constitutions 
 
 CITIES [Cont'd) 
 Debt {Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid to Private or Corporate Enterprise (Cont'd) 
 
 the debt, contract or liability of any individual, associa- 
 tion or corporation in or out of state. Not to raise money 
 for or lend credit, by vote of citizens or otherwise, to or 
 in aid of any joint stock company, corporation or asso- 
 ciation ; but may contract debt for school, water, sani- 
 tary and illuminating purpose, provided it owns " just 
 proportion of the property thus created and receive from 
 any income arising therefrom its proportion to the 
 whole amount so invested". (Ida. VIII 4, XII 4.) 
 
 Loan of credit in aid of railroad or private corporation, for- 
 bidden. Nothing in constitution to deprive legislature of 
 power to authorize specified city to create debt pre- 
 viously approved by people for " railroad purposes ". (111. 
 Amend. 1870 — -Municipal Subscription to Corporations 
 Separately Submitted; Sched. 24.) 
 
 Not exceeding $5,000,000 at not exceeding 5 per cent, pay- 
 able within 30 years from date of issue and authoriza- 
 tion. Proceeds to be paid to treasurer of World's Colum- 
 bian Exposition, with provision for return to corporate 
 authorities of as large a proportion of the aid given to 
 the exposition as is repaid to stockholders on the sums 
 prescribed by them and reimbursement so received by 
 city to be used for redemption of such bonds. City au- 
 thorities may take in whole or in part payment of the 
 reimbursement due the city, the permanent improvements 
 placed on land controlled by city. Indebtedness created 
 under this provision not to be paid by state or from any 
 state revenue, tax or fund, but by Chicago alone. No 
 bonds to be issued under this amendment unless major- 
 ity of votes cast within Chicago shall be in favor of the 
 amendment. (111. IX 13.) 
 
 Legislature not to authorize city to obtain money for or 
 loan its credit to any corporation, association or individ- 
 ual except for purpose of constructing or maintaining 
 bridges, turnpike roads or gravel roads. (Ky. 179.) 
 
 Credit of Baltimore not to be given or loaned to or in aid 
 of individual, association or corporation. (Md. XI 7.) 
 
 Not to lend credit for other than municipal purpose. (Mich. 
 
 VIII 25.) 
 
 Legislature not to authorize cities to incur debt in aid of 
 construction or equipment of railroads to amount ex- 
 ceeding 5 per cent, of value of its taxable property. 
 
 (Minn. IX 15.) 
 
 Not to lend credit in aid of railroad or other corporation or 
 association. (Miss. VII 183.)
 
 Index Digest 121 
 
 CITIES (Cont'd) 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid to Private or Corporate Enterprise (Cont'd) 
 
 Legislature not to authorize loans of credit to individual, 
 association or corporation. (Mo. IV 47; Okla. X, 17.) 
 
 Not to lend credit to railroad or other corporation or asso- 
 ciation, or to any " college or institution of learning or 
 other institution whether created for or to be controlled 
 by the state or others ". Authority previously conferred 
 by legislature or by corporate charters repealed. This 
 does not prevent issue of bonds or other means of pay- 
 ment of subscription to corporate stock authorized by 
 people prior to constitution or of other than existing debt. 
 
 (Mo. IX 6.) 
 
 St. Louis authorized to issue $5,000,000 bonds at not ex- 
 ceeding 4 per cent, payable within 30 years; proceeds to 
 be paid to exposition corporation ; city to be repaid same 
 proportionate amount of aid thus given as may be repaid 
 to stockholders and also to receive proportionate share of 
 surplus, but no bonds to be issued under this provision, 
 unless at election on adoption of this amendment, majority 
 of votes cast in St. Louis for and against it be in favor 
 
 of it. (Mo. X 12.) 
 
 Not to make donations to " railroad or other works of in- 
 ternal improvement ", unless proposition therefor first 
 submitted to qualified electors at election by authority of 
 law; such donations of a county, together with donations 
 of subdivisions in the county not to exceed in the aggre- 
 gate 10 per cent, of assessed valuation of county; city 
 may, by two-thirds vote, increase such debt 5 per cent, in 
 addition to such 10 per cent. ; no bonds or other evidences 
 of such debts to be valid unless endorsed with certificate 
 signed by secretary and auditor of state, showing that 
 they are issued pursuant to law. (Nebr. XII 2.) 
 
 Not to lend credit in aid of any joint stock company, cor- 
 poration or association except railroad corporations, com- 
 panies or associations. (Nev. VIII 10.) 
 
 Not to lend credit to any individual, association or corpo- 
 ration, or becoming security for any association or cor- 
 poration. (N.J. I 19.) 
 
 Not to lend credit to or in aid of any individual, associa- 
 tion or corporation; but this not to prevent such pro- 
 vision for aid and support of its poor as may be author- 
 ized by law. (N.Y. VIII 10.) 
 
 Credit not to be given or loaned to or in aid of any indi- 
 vidual, association or corporation, except for necessary 
 support of poor. (N.D. XII 185.) 
 
 No law to authorize cities to raise money or lend credit to 
 any company or association by vote of citizens or other-
 
 122 State Constitutions 
 
 CITIES (Cont'd) 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid to Private or Corporate Enterprise (Cont'd) 
 
 wise, but this does not prevent insuring public buildings 
 in mutual insurance companies. (Ohio VIII 6.) 
 Xot to raise money for or lend credit to or in aid of any 
 company, corporation or association, by vote of citizens 
 or otherwise. (Ore. XI 9.) 
 Credit not to be loaned or given to or in aid of any person, 
 company, association or corporation, except on assent of 
 three-fourths of qualified voters voting at election thereon. 
 
 (Tenn. II 29.) 
 Legislature not to authorize city to lend credit to any indi- 
 vidual, Association or corporation, but special authoriza- 
 tion to join with county or other political subdivision or 
 district in lending credit or incurring debt for or in aid 
 of irrigation, drainage or navigation improvements or con- 
 struction and maintenance of roads; provided total debt 
 of city not thereby to exceed limit imposed by other sec- 
 tions constitution. (Tex. Ill 52.) 
 Not to lend credit to any private corporation or association; 
 this not to affect obligations undertaken pursuant to law 
 prior adoption constitution. (Tex. XI 3.) 
 Legislature not to authorize city to lend credit in aid of 
 any railroad, telegraph, or other private individual or 
 corporate enterprise or undertaking. (Utah VI 31.) 
 Xot to grant credit " under any device or pretense whatso- 
 ever " to or in aid of any person, association or corpora- 
 tion. (Va. XIII 185.) 
 Not to loan money or credit to or in aid of individual, asso- 
 ' ciation, company or corporation " except for the neces- 
 sary support of the poor and infirm ". ( Wash. VIII 7. ) 
 Not to give or lend credit to individual, association or cor- 
 poration except for necessary support of poor. (Wyo. 
 
 XVI 6.) 
 Aid to Municipal Corporation 
 
 Legislature not to authorize cities or " cities and counties " 
 to give or lend credit in aid of any municipal corporation 
 or to pledge credit thereof for payment of liabilities of 
 any municipal corporation. (Cal. IV 31.) 
 Not to become responsible for any debt, contract or liability 
 of any " corporation, public or private " in or out of state. 
 
 (Colo. XI 1.) 
 Law or Ordinance Authorizing 
 
 Private, local or special legislation authorizing issuance of bonds 
 or other securities, forbidden, unless authorized before enact- 
 ment such law by vote qualified electors thereof at election 
 held for purpose in manner prescribed by law; but legisla- 
 ture may without such election pass special laws to refund 
 . bonds issued before ratification constitution. (Ala. IV 104.)
 
 Index Digest 123 
 
 CITIES (Cont'd) 
 Debt (Cont'd) 
 
 Law or Ordinance Authorizing (Cont'd) 
 
 Local and special legislation provided for bonding of cities, 
 
 forbidden. (Nebr. Ill 15.) 
 
 Not to contract debt except by ordinance specifying purpose for 
 
 which funds proposed to be raised are to be applied. Such 
 
 ordinance to be irrepealable until debt therein provided for 
 
 fully paid. (N.M. IX 12.) 
 Same; but does not apply for debts contracted for water supply. 
 
 (Colo. XI 8.) 
 Referendum on Proposition to Incur 
 
 For provisions relating to local referendum generally, See Ini- 
 tiative and Referendum. 
 Legislature may pass general laws authorizing cities to issue 
 bonds; but none to be issued under such general laws unless 
 first authorized by a majority vote by ballot of qualified 
 voters thereof voting on proposition. Special provision for 
 form of ballot. This not to apply to renewal, refunding or 
 reissuing of bonds lawfully issued or authorized by law 
 enacted prior to ratification of constitution; and not to apply 
 to obligations incurred or bonds to be issued to pay for 
 street and sidewalk improvements or sanitary or storm water 
 sewers, the cost of which is assessed in whole or part against 
 property abutting on said improvements or drained by such 
 
 sewers. (Ala. XII 222.) 
 
 No debts, except to pay those existing time adoption constitution, 
 
 to be incurred without consent of majority of qualified electors 
 
 voting on question at election held for that purpose. Detailed 
 
 provisions as to ordinance authorizing debt and its submission 
 
 to referendum. (Ark. XVI 1.) 
 No debt to be created unless proposition be submitted at regular 
 election for councilmen, aldermen or officers to qualified 
 electors who in preceding year paid property tax and approved 
 by majority thereof voting thereon by ballot deposited in 
 separate box. This section does not apply to debts contracted 
 
 for water supply. (Colo. XI 8.) 
 
 No new bonded debt other than for refunding to be incurred by 
 
 Chicago until proposition approved by a majority legal voters 
 
 of city voting on question at general, municipal or special 
 
 election. (111. IV 34.) 
 After adoption constitution no debt except as provided in con- 
 stitution to be created by Baltimore; mayor and council not to 
 " involve " city in construction of or in granting aid to " works 
 of internal improvement * * * which shall involve the 
 faith and credit of the city, nor make any appropriation 
 therefor unless such debt or credit be authorized " by legisla- 
 ture and by city ordinance approved by majority of votes cast 
 at election provided for such ordinance; this prohibition does
 
 124 State Constitutions 
 
 CITIES [Cont'd) 
 Debt (Cont'd) 
 
 Referendum on Proposition to Incur (Cont'd) 
 
 not prevent temporary loans for deficiencies in city treasury 
 or to provide for emergencies in maintaining police or " pre- 
 serving the safety and sanitary condition of the city " or for 
 " removal or extension " of debts lawfully created prior to 
 
 adoption constitution. (Md. XI 7.) 
 Not to incur debt for railroads or other works of internal im- 
 provement unless proposition therefor first submitted to 
 qualified electors at election by authority of law. (Nebr. 
 
 XII 2.) 
 No debt to be created unless proposition is submitted at regular 
 election for city officers to such qualified electors thereof as 
 have paid a property tax therein during the preceding year 
 and is approved by majority of those voting by ballot deposited 
 in separate ballot box. This not to prevent issue without sub- 
 mission to voters of bonds to pay or refund valid bonds of 
 
 city. (N.M. IX 12, 15.) 
 No debt to be contracted nor faith or credit pledged unless " by 
 
 vote" of majority of qualified voters. (N.C. VII 7.) 
 No debt to be created without submitting question to qualified 
 electors as provided in constitution " for special elections " 
 and unless majority voting on question approve. Legislature 
 in authorizing special election in incorporated city on question 
 of bond issue to prescribe as condition precedent to holding 
 election a petition of majority of freeholders thereof as shown 
 by tax books ; at such election payment of " all taxes, city, 
 county and municipal, for previous year " a necessary qualifi- 
 cation of right to vote; majority of those voting necessary to 
 authorize issuance of bonds. (S.C. VIII 7, II 13.) 
 Credit not to be given or loaned to or in aid of any person, 
 company, association or corporation except on assent of three- 
 fourths of qualified voters voting at election thereon. (Tenn. 
 
 II 29.) 
 No debt to be contracted unless all questions connected there- 
 with shall have been approved by three-fifths of votes cast for 
 and against on submission to people. (W.Va. X 8.) 
 No debt or liability to be incurred for any purpose " exceeding 
 in any year the income and revenue provided for such year " 
 unless approved by two-thirds qualified electors voting at elec- 
 tion held for purpose. Indebtedness incurred contrary to this 
 provision to be void. (Cal. XI 18.) 
 Same; but not to be construed "to apply to the ordinary and 
 necessary expenses authorized by the general laws of the 
 
 state". (Ida. VIII 3.) 
 
 Not to become indebted in any manner or for any purpose to 
 
 amount exceeding in any year income and revenue for that 
 
 year without consent of two-thirds voters voting at election
 
 I.\i)K\ Digest lL ; f> 
 
 CITIES {Cont'd) 
 Debt (Cont'd) 
 
 Referendum on Proposition to Incur (Cont'd) 
 
 held for purpose. Debts contracted in violation of this pro- 
 vision to be void and not to be assumed by municipality or 
 enforcible against persons contracting them. (Ky. 157.) 
 
 Not to be allowed to become indebted in any manner or for any 
 purpose to amount exceeding in any year income and revenue 
 provided in such year without assent two-thirds voters tbereof, 
 voting at election held for purpose. This not to apply to 
 cities having over 300,000 inhabitants. (Mo. X 12.) 
 
 Not to be allowed to become indebted in any manner for any 
 purpose to amount exceeding in any year income and revenue 
 provided in such year without assent three-fifths voters thereof 
 voting at election held for purpose. (Okla. X 26.) 
 
 No city or subdivision thereof to create debt in excess of taxa- 
 tion for current year unless majority of such qualified electors 
 as shall have paid a property tax in the preceding year shall 
 approve proposition to create such debt. (Utah XIV 3.) 
 
 No debt in excess of taxes for current year to be created in any 
 manner by any city " or subdivision thereof " unless approved 
 by vote of people on proposition submitted. (Wyo. XVI 4.) 
 
 Not to -become indebted for any purpose in any manner to 
 amount exceeding 1% per cent, of taxable property in city 
 without assent of three-fifths voters voting at election held 
 for that purpose. Last assessment for state and county pur- 
 poses previous to incurring debt to be taken; except that in 
 incorporated cities last assessment for city purposes to be 
 
 taken. (Wash. VIII 6.) 
 
 Not to " incur any new debt or increase its indebtedness to an 
 amount exceeding " 2 per cent, upon assessed value taxable 
 property without assent electors at public election in manner 
 provided by law. (Pa. IX 8.) 
 
 Not become indebted for any purpose in any manner to amount 
 exceeding 4 per cent, taxable property without assent of ma- 
 jority property taxpayers who must also be qualified electors 
 voting at election provided by law to be held for purpose; 
 value of taxable property to be ascertained by last assessment 
 for state and county purposes previous to incurring debt, but 
 in incorporated cities assessment to be taken from last assess- 
 ment for city purposes. (Ariz. IX 8.) 
 
 Proposition to incur debt in excess of constitutional limit to pro- 
 vide for water supply or sewers must be submitted to vote of 
 taxpayers affected. (Mont. XIII 6.) 
 
 Debts of incorporated cities in excess of general constitutional 
 limit on amount of debt require approval "by a two-thirds 
 
 vote ". (X.D. XII 1X3.) 
 
 Incorporated city, by majority of "qualified property taxpaying 
 voters" voting at election field for purpose, may incur debt in
 
 126 State Constitutions 
 
 CITIES (Cont'd) 
 Debt (Cont'd) 
 
 Referendum on Proposition to Incur (Cont'd) 
 
 excess of general constitutional limit for purchase or construc- 
 tion, or repair of public utilities owned exclusively by city. 
 
 (Okla. X 27.) 
 
 No debt in excess of constitutional limit for water supply, sewers, 
 railways or lighting plants to be incurred without majority 
 vote of electors voting in favor thereof. (S.D. XIII 4.) 
 
 In elections to determine assumption of debt only those electors 
 who pay taxes on property therein are qualified to vote. (Tex. 
 
 VI 3.) 
 Limit of Amount 
 
 Cities having less than 6,000 population, except as otherwise pro- 
 vided in constitution, not to become indebted in amount " in- 
 cluding present indebtedness " exceeding 5 per cent, assessed 
 value of property therein excej)t for construction or purchase 
 of waterworks, gas or electric lighting plants or sewerage, or 
 for improvement of streets for which purposes additional debt 
 not exceeding 3 per cent, may be created. Limitation not to 
 affect debt authorized time adoption constitution, nor tem- 
 porary loans to be paid within one year made in anticipation 
 of collection of taxes, not exceeding one-fourth of annual 
 revenues of such city; this not to prevent funding or refund- 
 ing of " existing indebtedness ". ( Ala. XII 225. ) 
 
 Those having 6,000 or more population and those specified 
 authorized to become indebted in amount -• including present " 
 debt not exceeding 7 per cent, assessed valuation of property 
 therein, but following classes of debt not to be included in 
 this limitation: temporary loans paid within one year made in 
 anticipation of collection of taxes not exceeding one-fourth of 
 general revenues; bonds or obligations issued or to be issued 
 for purpose of acquiring or constructing schoolhouses, water- 
 works, sewers; obligations and bonds incurred for street or 
 sidewalk improvements, cost of which wholly or partly assessed 
 against abutting property; proceeds of obligations in excess of 
 7 per cent, limit to be applied solely to purposes for which 
 such obligations issued. Not to prevent funding or refunding 
 of existing indebtedness. This section not to apply to specified 
 
 cities. (Ala. XII 225.) 
 
 Where present debt exceeds limit, not to be allowed to become 
 indebted in further amount except as otherwise provided by 
 constitution until debt reduced within limit. This not to pre- 
 vent any municipality except one specified from issuing bonds 
 authorized prior adoption constitution and not to apply to 
 specified cities; and not to prevent funding or refunding of 
 "existing indebtedness". (Ala. XII 226, 225.) 
 
 Not to become indebted for any purpose in amount exceeding 
 4 per cent, of taxable property therein without referendum. 
 Value of taxable property to be ascertained by last assess-
 
 I\iu:.\ Digest 127 
 
 CITIES (Cont'd) 
 Debt (Con I'd) 
 
 Limit of Amount (Cont'd) 
 
 ment for state and county purposes previous to incurring debt, 
 except that in incorporated cities the assessment shall be taken 
 from the last assessment for city purposes. Incorporated 
 city may be allowed to incur additional debt " not exceeding 
 15 per cent, additional " for water supply, artificial light or 
 sewers, when works for supplying such water, light or sewers 
 " are or shall be owned and controlled by the municipality ". 
 
 (Ariz. IX 8.) 
 
 Not to exceed in aggregate 7 per cent, of assessed value of real 
 and personal property therein according to last general assess- 
 ment. Debt may be incurred for waterworks or lighting plants 
 when approved on referendum in excess of this limitation; 
 and such debt not to be included in computation of existing 
 debt in order to determine power to become further indebted, 
 provided a mortgage or other lien on such works or plant and 
 its franchise be given as additional security for such debts. 
 
 (Ark. XVI 1.) 
 
 Five million dollar bond issue by San Francisco for aid to Pan- 
 ama Exposition to be " exclusive of bonded indebtedness of 
 the said city and county, limited by section 9 of article XII " 
 of the charter of the city and county. (Cal. XI 8a.) 
 
 Aggregate, together with debt, existing time election on proposi- 
 tion, not at any time to exceed 3 per cent, valuation of tax- 
 able property as shown by assessment next preceding the last 
 assessment before the adoption of ordinance authorizing debt. 
 
 (Colo. XI 8.) 
 
 Not to be allowed to become indebted in any manner or for any 
 purpose to amount including existing indebtedness in aggre- 
 gate exceeding 5 per cent, value of taxable property therein 
 ascertained by last assessment for state and county taxes 
 previous to incurring debt; but this not to prevent issuing 
 bonds in compliance with vote of people had prior to adoption 
 constitution in pursuance of law. (111. XI 12.) 
 
 If Chicago becomes liable for debts of two or more municipal 
 corporations consolidated with it, then the legislature may 
 authorize Chicago to become indebted to an amount including 
 its existing indebtedness and debts of all municipal corpora- 
 tions lying wholly within its limits and its share of county 
 and sanitary district debt as determined in manner prescribed 
 by legislature, in an aggregate sum not exceeding 5 per cent, 
 of full value of taxable property within its limits, as ascer- 
 tained by last assessment for state or municipal purposes 
 previous to incurring debt. (111. rV 34.) 
 
 Not to be authorized or permitted to incur debt to amount in- 
 cluding existing debt in aggregate exceeding following per- 
 centage of value of taxable property therein to be ascer- 
 tained by assessment next before last assessment previous to
 
 12S State Constitutions 
 
 CITIES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 incurring debt: Cities of first and second class and of third 
 class having population over 15,000, 10 per cent.; cities of 
 third class under 15,000 and fourth class, 5 per cent.; other 
 cities 3 per cent. Debts in excess of this limit may be con- 
 tracted when authorized by laws in force prior to adoption 
 of constitution or when necessary for completion and pay- 
 ment for public improvement undertaken and not completed 
 and paid for at time of adoption; any city, debt of which 
 exceeds limit at time of adoption not to increase more than 
 2 per cent, until debt reduced within limit and thereafter 
 not to exceed limit " unless in case of emergency, the public 
 health or safety should so require ". Renewal bonds or bonds 
 to fund floating debt not prevented by this limitation. (Ky. 
 
 158.) 
 
 Cities having less than 40,000 population, as shown by last 
 United States census, not to create any debt or liability 
 which singly or in aggregate with previous debts or liabilities 
 exceeds 5 per cent, of last regular valuation. This not to be 
 construed as applying to funds received in trust by city or to 
 loans to renew existing loans " or for war or to temporary 
 loans to be paid out of the money raised by taxes during the 
 year in which they were made". (Me. Amend. XXII.) 
 
 Cities having population of 40,000 or more by last United States 
 census may create debt which singly or in aggregate with 
 previous debts or liabilities equals l]/ 2 per cent, of last regular 
 valuation; increase over 5 per cent, (previously allowed) to 
 to be one-fourth per cent, in any one year " by majority vote 
 of their city government " until in not less than 10 years 
 the maximum rate of l l / 2 per cent, is reached, and any city 
 failing to take increase provided for any year loses increase 
 for that year. This not to be construed as applying to funds 
 received in trust by city or to loans to renew existing loans 
 " or for war or to temporary loans to be paid out of the money 
 raised by taxes during the year in which they were made ". 
 
 (Me. Amend. XXII.) 
 
 Cities may acquire or operate public utility and issue " mort- 
 gage bonds therefor " beyond general bonded debt limit pre- 
 scribed by law. These bonds not to impose liability on city 
 but to be secured only on property and revenues of the utility 
 " including a franchise, stating the terms upon which in case 
 of foreclosure the purchaser may operate the same ", but this 
 not to extend longer than 20 years from date of sale of utility 
 and franchise' on foreclosure. ( Mich. VIII 23. ) 
 
 Legislature not to authorize issue of bonds or incurring indebt- 
 edness in any manner " to aid in the construction or equip- 
 ment of any or all railroads" to an amount exceeding 5 per 
 cent, of value of its taxable property; such value to be ascer-
 
 Index Digest 129 
 
 CITIES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 tained by last assessment for state and county taxes previous 
 to incurring debt. (Minn. IX 15.) 
 
 Not to be allowed to incur debt to amount including existing 
 debt in aggregate exceeding 5 per cent, of value of taxable 
 property therein to be ascertained by assessment next before 
 last assessment for state and city purposes previous to incur- 
 ring debt. This not to apply to cities having over 300,000 
 
 inhabitants. (Mo. X 12.) 
 
 Any city of not more than 30,000 nor less than 2,000 may, with 
 assent of two-thirds voters thereof voting at election held for 
 purpose, be allowed to become indebted in a larger amount 
 than the constitutional limit of 5 per cent., but not exceeding 
 an additional 5 per cent, on value of taxable property therein 
 "for the purpose of purchasing or constructing waterworks), 
 electric or other light plants to be owned exclusively by the 
 
 city". (Mo. X 12a.) 
 
 St. Louis authorized with assent of two-thirds voters to issue 
 bonds for construction and improvement waterworks, interest 
 and principal payments on which to be provided for from 
 income of such works and city to establish sinking fund for 
 payment of bonds so authorized "according to the times fixed 
 from the maturity of the same". (Mo. X 12.) 
 
 St. Louis bonds in specified amount representing debt assumed 
 by city in scheme separating city from county; not to be 
 included in computation of existing bonded debt in determining 
 amount which city is authorized to issue. (Mo. X 12.) 
 
 St. Louis bonds in specified amount expended prior to specified 
 date on construction of waterworks and bonds subsequently 
 issued for construction and improvement of waterworks, inter- 
 est and principal payments on which are provided for from 
 the revenues of the waterworks not to be included in com- 
 puting existing bonded debt in determining amount which 
 city is authorized to issue. (Mo. X 12.) 
 
 Corporate authority of any city having more than 200,000 in- 
 habitants which has exceeded its constitutional limit of debt 
 not to incur further bonded debt except for renewal of other 
 bonds "until such excess of indebtedness ceases", but "may, 
 in anticipation of the customary annual revenue thereof, ap- 
 propriate during any fiscal year towards the general gov 
 ernmental expenses thereof a sum not exceeding seven eighths 
 of the entire revenue applicable to general governmental pur- 
 poses (exclusive of the payment of the bonded debt of such 
 city) that was actually raised by taxes alone during the pre 
 ceding fiscal year". (Mo. IX 19.) 
 
 Not to be allowed to become indebted in any manner or for any 
 purpose to amount including existing indebtedness in aggre- 
 gate exceeding 3 per cent, of value of taxable property therein 
 
 5
 
 130 State ( 'oxstitutioxs 
 
 CITIES (Cont'd) 
 DEBT (Cont'd) 
 
 Limit of Amount [Cont'd) 
 
 to i>»' ascertained by last assessment for state and county taxes 
 previous to incurring such debt; all bonds or obligations in 
 excess of this amount to be void; legislature may extend this 
 limit by authorizing municipal corporations to submit ques- 
 tion to vote of taxpayers affected when increase is necessary 
 to construct sewerage system, or to procure water supply for 
 such municipality " which shall own and control said water 
 supply and devote revenues derived therefrom to the payment 
 
 of the debt ". ( Mont. XIII 6. ) 
 
 Cities authorized to incur debt for railroads or other works of 
 internal improvement when approved on referendum; but such 
 debts incurred by a county, together with such debts of sub- 
 divisions of the county, not to exceed in the aggregate 10 per 
 cent. Of the assessed valuation of county. Drty may. by two- 
 thirds vote, increase such debt 5 per cent, in addition to such 
 
 10 per cent. (Xebr. XII 2.) 
 
 Xot to become indebted to amount in aggregate including exist- 
 ing debt exceeding 4 per cent, of value of taxable property 
 within city to be ascertained by last preceding assessment for 
 state or city purposes. This not to prevent issue of bonds to 
 pay or refund valid bonds of city. Bonds or obligations issued 
 in excess of limit to be void except that debts may be con- 
 tracted in excess of limit for construction or purchase of water 
 supply system or sewer system. (X.M. IX 13, 15.) 
 
 Xot to be allowed to become indebted for any purpose or in 
 any manner to an amount which including existing indebted- 
 ness shall exceed 10 per cent, of assessed value of real estate 
 therein subject to taxation as it appeared on assessment rolls 
 tliereof on last assessment for state and county taxes prior to 
 incurring debt; debts in excess of this limit except debts 
 existing time adoption constitution to be "absolutely void" 
 except as otherwise provided in constitution. Debts in excess 
 of the limit if valid when incurred not to become invalid by 
 reason of provisions of the constitutional limitation on 
 
 amount. (X.Y. VIII 10.) 
 
 Debts existing time adoption constitution in excess of limit of 
 amount fixed by constitution not to be void; but no further 
 debt to be incurred until indebtedness reduced within limit. 
 
 (X.Y. VIII 10.) 
 
 Prohibition of debt in excess of limit not to prevent issuing " cer- 
 tilicates of indebtedness or revenue bonds issued in anticipation 
 of the collection of taxes for amounts actually contained or to 
 be contained in the taxes for the year when such certificates 
 or revenue bonds are issued and payable out of such taxes ". 
 
 (X.Y. VIII 10.) 
 
 Prohibition of debt in excess of not to prevent city of Xew York 
 from issuing " bonds to be redeemed out of the tax lew for
 
 Index Digest 13] 
 
 CITIES {Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 tlie year next succeeding the year of their i-Mie. provided that 
 the amount of such bonds which may he issued in any one 
 year in excess of the limitations herein contained shall not. 
 exceed one-tenth of 1 per cent, of the assessed valuation of 
 the real estate of said city subjeet to taxation - '. (X.Y. VTII 
 
 10.) 
 
 Prohibition of debt in excess of limit not to prevent issue of 
 bonds •• to provide for the supply of water", but such bonds 
 issued in exress of the debt limit shall be for a term not 
 exceeding 20 years; and a sinking fund for their redemption 
 shall be created on issuance by raising an annual sum which 
 will produce an amount equal to principal and interest on 
 
 maturity. ( X.Y. VIII 10.) 
 
 In computing existing debt for purpose of determining city's 
 power to become further indebted, pre-existing debt of a 
 county wholly included within a city not to be included in 
 computation. " but any debt hereafter incurred by any portion 
 or part of a city" to be included. (X.Y. VIII 10.) 
 
 " Certificates of indebtedness or revenue bonds issued in antici- 
 pation of the collection of taxes which are not retired within 
 five years after their date of issue " to be included for the 
 purpose of ascertaining city's power to become further in- 
 debted. (X.Y. VIII 10.) 
 
 Bonds issued to provide for supply of water to be included in 
 ascertaining power of city to become otherwise indebted; but 
 debts incurred by Xew York City (after January 1, 1904 I . and 
 by cities of second class (after January 1. 1908). and by cities 
 of third class (after January 1. 1910) to provide for water 
 supply not to be so included. (X.Y. VIII 10.) 
 
 Debts incurred by Xew York City subsequent to adoption con- 
 stitutional provision " for a public improvement owned or to 
 be owned by the city which yields to the city current net 
 revenue after making any necessary allowance for repairs 
 and maintenance for which the city is liable in excess of the 
 interest on said debt and of the annual instalments necessary 
 for its amortization may be excluded in ascertaining the power 
 of said city to become otherwise indebted " provided a sinking 
 fund be established and maintained for its amortization; but 
 such indebtedness not to be so excluded " during any period 
 of time when the revenue aforesaid shall not be sufficient to 
 equal the said interest and amortization instalments ". Legis- 
 lature to prescribe method by which and terms and conditions 
 under which amount of debt to be so excluded shall be de- 
 termined and no debt to be excluded except " in accordance 
 with the determination prescribed ". Legislature may confer 
 appropriate jurisdiction on appellate division, first department, 
 " for the purpose of determining the amount of any debt to be 
 
 so excluded". (N.Y. VIII 10.)
 
 l-"52 State Constitutions 
 
 CITIES {Cont'd) 
 Dkht (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 Debts incurred prior to adoption constitutional provision by 
 Xew Y'ork City "for any rapid transit or dock investment" 
 may be excluded in ascertaining the power of the city to 
 become otherwise indebted " proportionately to the extent to 
 which the current net revenue received by said city there- 
 from shall meet the interest and amortization instalments 
 thereof, provided tiiat any increase in the debt incurring 
 power of the city of New York which shall result in the 
 exclusion of debts (incurred prior adoption constitutional pro- 
 vision) shall be available only for the acquisition or construc- 
 tion of properties to be used for rapid transit or dock pur- 
 poses ". Legislature to prescribe method by which and term 
 and conditions under which amount of debt to be so excluded 
 shall be determined and no debt to be excluded except " in 
 accordance with the determination so prescribed ". Legisla- 
 ture may confer appropriate jurisdiction on appellate division, 
 first department, " for the purpose of determining the amount 
 of any debt to be so excluded". (N.Y. VIII 10.) 
 
 Never to exceed 5 per cent, on assessed value of taxable prop- 
 erty therein, but incorporated city may. by two-thirds vote, 
 increase such debt 3 per cent, on such assessed value beyond 
 the 5 per cent, limit. In estimating amount of future debt 
 which city may incur, entire amount of existing debt con- 
 tracted prior or subsequent to adoption constitution to be 
 included. Incorporated city may incur debt not exceeding 4 
 per cent, on assessed value " without regard to existing in- 
 debtedness " for "constructing or purchasing waterworks for 
 furnishing a supply of water to the inhabitants of such city 
 or for the purpose of constructing sewers ". Bonds or obliga- 
 tions in excess of limit to be void. (N.D. XII 183.) 
 
 Not to be allowed to incur debt to amount including existing 
 debt in aggregate exceeding 5 per cent, valuation taxable prop- 
 erty therein to be ascertained from last assessment for state 
 and county purposes previous to incurring debt. " Incorpo- 
 rated city may by vote of majority of qualified property tax- 
 paying voters, voting at election held for purpose, be allowed 
 to become indebted in larger amount for purchase, construc- 
 tion or repairing of public utilities owned exclusively by such 
 city, provided provision be made for annual tax to pay in- 
 terest and constitute sinking fund for redemption within 25 
 years ". This limitation on amount of debt not to " apply " 
 to debt created or bonds issued to pay existing debt under 
 territory laws. (Okla. X 26, 27, Sched. 25.) 
 
 Except as provided in constitution not to exceed 7 per cent, upon 
 assessed value taxable property, but city whose debt at time 
 adoption constitution exceeds 7 per cent, may be authorized
 
 I \i)EX Digest 133 
 
 CITIES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 by law to increase 3 per cent. " in the aggregate at any one 
 time upon such valuation". (Pa. IX S.) 
 
 Debts incurred by Philadelphia " city and county " for construc- 
 tion and development of subways for transit, or for con- 
 struction of or reclamation of land for construction of wharves 
 and docks (after 1911) as "public improvements owned or 
 to be owned " by the city and county, which yield current net 
 revenue to city and county in excess of interest and annual 
 amortization charges may be excluded in ascertaining power 
 of city and county to become otherwise indebted,, if sinking 
 fund therefor be established and maintained. (Pa. IX 8.) 
 
 Not to incur any bonded debt which including existing bonded 
 debt shall exceed 8 per cent, of assessed value of taxable prop- 
 erty therein. This not to prevent issuing of certificates of in- 
 debtedness in anticipation of collection of taxes for amounts 
 contained or to be contained in taxes for year when such cer- 
 tificates are issued and payable, out of such taxes, and not to 
 prevent issuing bonds to amount sufficient to refund bonded 
 debt existing time adoption constitution. (S.C. VIII 7.) 
 
 Limit of 8 per cent, not to apply to bonded debt incurred by 
 specified city exclusively for building and maintaining streets, 
 waterworks, lighting plants, sewerage system or payment of 
 existing debts. When question submitted to qualified electors 
 as provided in constitution for other debt. (S.C. VIII 7.) 
 
 Limitation not to apply to debt incurred by specified cities for 
 purchase, establishment, maintenance or extension of water- 
 works and sewerage system and to specified city for gas and 
 electric light plants " where entire revenue arising from the 
 operation of such plants or systems shall be devoted solely and 
 exclusively to the maintenance and operation " thereof and 
 where proposition to incur such debt is submitted to free- 
 holders and qualified voters as provided by constitution for 
 other bonded debt. (S.C. VIII 7.) 
 
 Limitation not to apply to debt incurred by specified cities to an 
 amount not exceeding 15 per cent, for payment past indebted- 
 ness for improvement streets and sidewalks, providing sewer- 
 
 . age or purchasing, establishing or operating waterworks or 
 electric light plants. (S.C. VIII 7.) 
 
 Limitation not to apply to bonded debt incurred by specified 
 cities not exceeding 15 per cent, of assessed value for sole 
 purpose, of paying expenses incurred in street improvements 
 where abutting parties pay two thirds or one-half cost. (S.C. 
 
 VIII 7.) 
 
 Never to exceed 5 per cent, of assessed valuation of taxable prop- 
 erty therein for year preceding that in which the indebtedness 
 is incurred ; " in estimating amount of the indebtedness which
 
 134 State Constitutions 
 
 CITIES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 a municipal subdivision may incur amount of indebtedness 
 contracted prior to the adoption of the constitution shall be 
 
 included". (S.D. XIII 4.) 
 In addition to limit of 5 per cent, on city debt " municipal cor- 
 porations " authorized to incur not exceeding 10 per cent, for 
 " water and sewerage for irrigation, domestic uses, sewerage 
 and other purposes"; and cities of 8,000 or more authorized 
 to incur debt not exceeding 8 per cent, for street railways, 
 electric lights or other lighting plants; but no debt for these 
 purposes to be incurred without referendum. (S.D. XIII 4.) 
 Xot to become indebted " to an amount including existing: in- 
 debtedness exceeding 4 per cent, of the value of the taxable 
 property therein ", ascertained by last assessment for state 
 and county purposes previous to incurring debt, except that 
 in incorporated cities last assessment for city purposes to be 
 taken. Nothing in this article to prevent contracting debt 
 under proposition submitted under laws of territory to quali- 
 fied electors before constitution took effect. (Utah XIV 4.) 
 Cities of first and second class when authorized by vote of tax- 
 paying electors " may be allowed to incur a larger indebted- 
 ness (than the 4 per cent, previously authorized) not to exceed 
 4 per cent, for supplying such cities with water, artificial lights 
 or sewers when the works for supplying such water, lights 
 and sewers are owned and controlled by the municipality. 
 
 (Utah XIV 4.) 
 Third-class cities may be allowed to incur larger indebtedness 
 ( than the 4 per cent, previously authorized ) not to exceed 8 
 per cent, additional for supplying the city with water, artifi- 
 cial lights or sewers when the works supplying such water, 
 lights and sewers are owned and controlled by the city. (Utah 
 
 XIV 4.) 
 Not to issue bonds or other interest-bearing obligations for any 
 purpose or in any manner to amount which, including existing 
 indebtedness, shall at any time exceed 18 per cent, of assessed 
 valuation of real estate therein, subject to taxation as shown 
 by last preceding assessment for taxation. This not to apply 
 to cities whose charters existing time adoption constitution 
 authorize larger percentage of debt. (Va. VIII 127.) 
 In determining limitation of city's power to incur debt, "cer- 
 tificates of indebtedness, revenue bonds <>r other obligations 
 Issued in anticipation of the collection of the revenue * * * 
 for the then current year, provided that such certificates, 
 bonds or other obligations mature within one year from the 
 date of their issue and be not past due, and do not exceed the 
 revenue for such year", not to be included, (Va. VIIT 127.)
 
 Ixdex Digest 135 
 
 CITIES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 In determining the limitation of city's power to incur debt, 
 bonds authorized by ordinance enacted in accordance with the 
 provisions of the constitution, and approved by affirmative 
 vote, majority qualified voters of city voting on question at 
 general election next succeeding enactment of ordinance or at 
 special election held for that purpose for a supply of water 
 or other specific undertaking from which city may "derive a 
 revenue not to be included, but from and after period to be 
 determined by council not exceeding five years from date of 
 election whenever and for so long as such undertaking fails 
 to produce sufficient revenue to pay for cost of operation and 
 administration ( including interest on bonds issued therefor 
 and the cost of insurance against loss by injury to persons or 
 property) and an annual amount to be covered into a sinking 
 fund sufficient to pay at or before maturity all bonds issued 
 on account of said undertaking, all such bonds outstanding 
 shall be included in determining the limitation of the power 
 to incur indebtedness unless the principal and interest thereof 
 be made payable exclusively from the receipts of the under- 
 taking ". (Va. VIII 127.) 
 No debt to be incurred in excess of one and one-half per cent, of 
 value of taxable property without referendum; and total debt 
 not to exceed 5 per cent, of such value. Value of taxable 
 property to be ascertained from last assessment for state and 
 county purposes previous to incurring debt, but in incorpo- 
 rated cities, last assessment for city purposes to be taken. City 
 may be allowed to become indebted to larger amount not ex- 
 ceeding 5 per cent, additional for supplying water, artificial 
 light and sewers when the works therefor are owned and con- 
 trolled by municipality. (Wash. VIII 6.) 
 Not to be allowed to become indebted in any manner or for any 
 purpose to an amount . including existing debt in aggregate 
 exceeding 5 per cent, of value of taxable property therein to 
 be ascertained by last assessment for state and county taxes 
 previous to incurring debt. Bonds already authorized ex- 
 cepted from operation of debt limit provisions. (W.Va. X 8.) 
 Xot to be " allowed to become indebted in any manner or for 
 any purpose to any amount including existing indebtedness 
 in the aggregate exceeding 5 per cent, on the. value of the 
 taxable property therein ". to lie ascertained by last assess- 
 ment for state and county taxes previous to incurring debt. 
 
 (Wis. XI 3.) 
 
 City or " subdivision thereof " not in any manner to create any 
 
 indebtedness exceeding 2 per cent, of assessed value of taxable 
 
 property therein; but may be authorized to create additional
 
 136 State Constitutions 
 
 CITIES (Confd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 indebtedness not exceeding 4 per cent, of assessed value of 
 taxable property as shown by last preceding assessment for 
 purpose of building " sewerage ". Debts existing at time of 
 adoption of constitution may be bonded in sum not exceeding 
 4 per cent, of assessed value of taxable property as shown by 
 last general assessment. Debts for water supply excepted 
 from operation of debt limit provisions. (Wyo. XVI 5, 3.) 
 Bonds 
 
 For exemption of from taxation, See Taxation — Exemptions. 
 
 Any city or " city and county " issuing bonds under laws of state 
 
 may make such bonds and interest thereon payable at any 
 
 place or places within or outside of United States in any 
 
 money, domestic or foreign, designated in said bonds. (Cal. 
 
 xi uy 2 .) 
 
 Detailed provisions for special authorization of bonds to be 
 issued by San Francisco in aid of Panama Exposition. (Cal. 
 
 XI 8a.) 
 
 Xo bonds or other evidences of debt for railroad or other works 
 of internal improvement to be valid unless endorsed with cer- 
 tificates signed by secretary and auditor of state, showing that 
 they are issued pursuant to law. (Xebr. XII 2.) 
 Application of Proceeds 
 
 Xo money raised for a specific purpose to be used for any other 
 purpose. (Ark. XVI 1.) 
 
 Limited to purpose for which obtained or to repayment of the 
 debt or liability created therefor. (Mo. X 20.) 
 
 Moneys borrowed to be used only for purposes specified in law 
 authorizing loan. (Mont. XIII 3.) 
 Redemption and Interest 
 
 For (jeneral provision authorizing taxation for, See Taxation — 
 
 Local Taxes. 
 
 Provision to be made at. time of incurring debt for collection of 
 annual tax not exceeding 7 mills on the dollar to pay interest 
 and discbarge principal within 35 years from time of issuing 
 bonds. Bonds to be " serial " " and shall be paid off as rapidly 
 as the income derived from said tax will permit". Detailed 
 provisions as to interest. (Ark. XVI 1.) 
 
 Xo debt in excess of revenue to be incurred unless at or before 
 time of incurring provision be made for collection of annual 
 tax sufficient to pay interest and to constitute sinking fund 
 tor payment of principal within 40 years from time of con- 
 tracting. Except as provided in constitution, debt incurred 
 contrary to this provision to lie void; hut San Francisco, San 
 Jfose and town of Santa Clara may make sinking fund pro- 
 vision to commence at a time after incurring debt not more 
 than a period of one-fourth of time of maturity which shall 
 not exceed 75 years from time of contracting. (Cal. XI 18.)
 
 Index Digest 137 
 
 CITIES (Cont'd) 
 Debt (Cont'd) 
 
 Redemption and Interest {<'ont'd) 
 
 Any city or " city and county " issuing bonds tinder laws of state 
 may make them and interest on them payable at any place or 
 places in or outside United Slates and in any money, domestic 
 or foreign, designated in said bonds. (Gal. XI lS 1 /^.) 
 
 Ordinance authorizing incurring of debt to provide for levy of 
 tax not exceeding 12 mills on valuation taxable property as 
 shown by assessment next preceding last assessment before 
 adoption of such ordinance sufficient to pay annual interest 
 and extinguish principal within 15 but not less than 10 years 
 from creation. Application proceeds of tax limited to purpose 
 specified in ordinance until debt fully discharged. This section 
 does not apply to debts contracted for water supply. ( Colo. 
 
 XI 8.) 
 
 Xo debt to be incurred unless at same time provision be made 
 for collection of annual tax sufficient to pay interest and to 
 constitute sinking fund for payment of principal within 20 
 years from time of contracting. Any debt or liability in- 
 curred contrary to this provision to be void. (Ida. VIII 3.) 
 
 To provide at or before time of incurring indebtedness for col- 
 lection direct annual tax sufficient to pay interest and dis- 
 charge principal within 20 years from time of contracting. 
 
 (111. XI 12.) 
 
 Whenever authorized to create debt shall be required to provide 
 at same time for collection of annual tax sufficient to pay 
 interest and to create sinking fund for payment of principal 
 within not more than 40 years from time of contracting. (Ky. 
 
 159.) 
 
 Detailed provisions for payment of interest on and redemption 
 or refunding of specified bonds of the city of Xew Orleans. 
 
 (La. 317, 31S. 321, 323.) 
 
 Mortgages or bonds issued by commissioners of port of Xew 
 Orleans for construction and improvement of specified canal 
 to be paid out of net receipts of canal after payment of operat- 
 ing expenses. (La. 322.) 
 
 Before incurring debts provision to be made for collection of 
 annual tax sufficient to pay interest as due and to constitute 
 sinking fund for discharge of principal within 20 years from 
 time of contracting. (Mo. X 12, 12a.) 
 
 Ordinance authorizing debt to provide for levy of tax not ex- 
 ceeding 12 mills on all taxable property in city sufficient to 
 pay interest and extinguish principal within 50 years. Pro- 
 ceeds of such tax to be applied only to payment of such in- 
 terest and principal. (X.M. IX 12.) 
 
 At or before time of incurring debt, provision to be made for 
 collection of annual tax sufficient to pay interest and principal 
 when due; and ordinance containing such provision to be irre 
 pealable until debt paid. (N.D. XII 1S4; S.D. Mil 5.)
 
 138 State Constitutions 
 
 CITIES (Cont'd) 
 Debt (Cont'd) 
 
 Redemption and Interest [Vont'd) 
 
 Hefore or at time of incurring debt in excess of income and 
 revenue provision to be made for collection of annual tax 
 sufficient to pay interest and to constitute sinking fund for 
 payment of principal within 25 years from date of contract- 
 ing. (Okla. X 26, 27.) 
 City to levy " sufficient additional revenue " to create sinking 
 fund to be used first, for payment of interest coupons; second, 
 for payment of bonds; third, for payment of such parts of 
 judgments as such municipality may by law be required to 
 
 pay. (Okla. X 28.) 
 •" Every city shall create a sinking fund which shall be inviolably 
 
 pledged for the payment of its funded debt ". (Pa. XV 3.) 
 On issuing bonds, city to create sinking fund for redemption 
 thereof at maturity. All property within city limits except 
 that exempted to be taxed for payment of debts legally con- 
 tracted under authority of law. (S.C. VI II 7, 6.) 
 Xo debt for any purpose to be incurred in any manner unless 
 provision made at time of creating for levying and collecting 
 sufficient tax to pay interest and provide at least 2 per cent. 
 as sinking fund. Special provision for taxes for interest and 
 sinking fund for debts contracted prior to adoption of con- 
 stitution. (Tex. XI 5, 6, 7.) 
 Xot to be allowed to become indebted without at same time pro- 
 viding for collection of direct annual tax sufficient to pay 
 annual interest on such debt and principal thereof within not 
 exceeding 84 years. ( W.Va. X 8.) 
 Before or at time of incurring debt, provision required to be 
 made " for the collection of a direct annual tax sufficient to 
 pay flie interest on such debt as it falls due and also to pay 
 and discharge the principal thereof within 20 years from the 
 date of contracting the same"; but indebtedness incurred for 
 the acquisition of land " for public municipal purposes or for 
 the permanent improvement thereof ", tax must be sufficient 
 to discharge principal within a period not exceeding 50 years. 
 
 (Wis. XI 3.) 
 Method of Collecting — Execution 
 
 City property held only for public purposes such as buildings 
 and sites therefor, fire equipments, public grounds and prop- 
 erty devoted exclusively to use of public exempt from " forced 
 sale ". This not to prevent enforcement of vendor's lien, 
 mechanic's and builder's lien or other liens existing time adop- 
 tion constitution. (Tex. XI 9.) 
 Public Utilities 
 
 See also above, this title, "Powers and Rights — Restrictions 
 Upon — Stock and Bond Holding", and "Finances — Expendi- 
 tures. Restrictions Upon — Aid to Private Enterprise ". 
 
 iiee also Street Railroads.
 
 I\i»i\ Digest 139 
 
 CITIES [Cont'd) 
 
 Public Utilities [Cont'd) 
 In General 
 
 Person or corporation constructing or operating on public streets 
 under franchise liable to abutting property owners for actual 
 damage on account of such construction or operation. (Ala. 
 
 XII 227.) 
 
 Legislature not to create corporation with power to acquire 
 franchises in streets or highways of city, except by special 
 act on petition therefor " pendency whereof shall be- notified 
 as may be required bylaw". (R.I. Amend. IX 2.) 
 Franchises 
 
 Right to collect rates and compensation for water supplied to 
 " city and county " or its inhabitants " is a franchise and 
 cannot be exercised except by authority of and in manner 
 
 prescribed by law". (Cal. XIV 2.) 
 
 No franchise relating to any street, alley or public place of city 
 or county of Denver to be granted except on vote of taxpay- 
 ing electors. Question to be submitted on deposit of expenses 
 with treasurer. (Extended to cities.) (Colo. XX 4, 6.) 
 
 Right to collect rates or compensation for use of water sup- 
 plied to city or inhabitants thereof is a franchise and cannot 
 be exercised except by authority of and in the manner pre- 
 scribed by law. (Ida. XV 2.) 
 
 Xot to be permitted to grant franchise or privilege or make any 
 contract in reference thereto for more than 20 years. Ad- 
 vertisement to be made, bids received, and award made to 
 highest and best bidder, but all bids may be rejected. X T ot 
 to apply to trunk railway. (Ky. 164.) 
 
 Xo public utility franchise to be granted which is not subject 
 to revocation at will of city unless proposition approved by 
 three-fifths electors voting thereon at regular or special mu- 
 nicipal election. Women taxpayers having qualifications of 
 male electors entitled to vote. (Mich. VIII 25.) 
 
 Those having population more than 6.000 not to have authority 
 to grant to person, corporation or association right to use 
 streets or public places for construction or operation of 
 waterworks, gas works, telephone or telegraph lines, electric 
 light or power plants, steam or other heating appliances, 
 street railroads or any other public utilities, except railroads 
 other than street railroads for longer period than 30 years. 
 
 (Ala. XII228.) 
 
 Xo street railway, gas, water, steam or electric heat, light or 
 power, cold storage, compressed air, conduit, telephone or 
 bridge company, nor any corporation, association or persons 
 or partnership engaged in these or like enterprises to be per- 
 mitted to use streets, alleys or public grounds without consent 
 of corporate authorities. Xo franchise, lease or right to use 
 any public property in a way not permitted to general public 
 to be granted for longer period than 30 years. Before grant- 
 ing any such franchise for a term of years, except for trunk
 
 140 State Constitutions 
 
 CITIES (Cont'd) 
 
 Public Utilities (Cont'd) 
 Franchises (Cont'd) 
 
 railway, municipality shall advertise and receive bids and act 
 accordingly as required by law. Nothing herein contained to 
 prevent legislature from prescribing additional restrictions on 
 power to grant franchises, or as repealing any such restriction 
 in any existing charter. (Va. VIII 124, 125.) 
 
 Legislature not to grant right to construct or operate street 
 railroad within city without acquiring consent local authori- 
 ties having control of streets to be occupied. (Okla. IX 10; 
 
 Tex. X 7; W.Va. XI 5.) 
 
 Legislature not to authorize construction street passenger rail- 
 way within limits of cities without consent corporate authori- 
 ties. (Ga. Ill Sec. VII 20.) 
 
 Legislature not to grant right to construct and operate street 
 railroad without requiring consent local authorities having 
 control street highway proposed occupied; this not affected by 
 constitutional authorization of legislative charter for Chicago. 
 
 (111. XI 4, IV 34.) 
 
 Legislature not to pass law granting right to construct and 
 operate street railroad within city without necessity first 
 acquiring the consent of local authorities having control of 
 street proposed to be occupied; and such franchise shall not 
 be transferred without similar assent. (Mo. XII 20.) 
 
 No general law shall be passed by legislature granting the right 
 to construct and operate street railways within any city with- 
 out first requiring consent of majority of electors thereof. 
 
 (Nebr. XIB 2.) 
 
 No law to be passed by legislature granting right to construct 
 and operate street railway, telegraph, telephone or electric 
 light" plant within any city without requiring consent of local 
 authorities having control of street or highway proposed to be 
 occupied for such purposes. (N.D. VII 139.) 
 
 No person, association or corporation to be authorized or di- 
 rected to use streets, alleys or public places for construction 
 or operation of " any public utility or private enterprise " 
 without first obtaining consent proper authorities thereof. 
 
 (Ala. XII 220.) 
 
 No street railroad to be constructed within city without consent 
 of local authorities having control of street or highway pro- 
 posed to be occupied. (Colo. XV 11.) 
 
 No street or other railroad to be constructed within city with- 
 out consent of local authorities having control of street pro- 
 posed fao be occupied. (Ida. XI 11; Mont. XV 12.) 
 
 No street passenger railroad may be constructed within limits 
 of city without consent of local authorities. (Pa. XVII 9.) 
 
 No street railroad or telephone line may be constructed or 
 operated within city without consent of local authorities con- 
 trolling street or highway. (Utah XII 8.)
 
 Index Digest 141 
 
 CITIES (Cont'd) 
 
 Public Utilities (Cont'd) 
 Franchises (Cont'd) 
 
 No person, partnership, association or corporation operating 
 public utility to have right to use highways, streets, alleys 
 or other public place of city for wires, poles, pipes, tracks, or 
 conduits without consent of duly constituted authorities 
 thereof, or to transact a local business therein without first 
 obtaining a franchise from city. (Mich. VI II 28.) 
 
 No street passenger railway or telegraph or telephone line to 
 be constructed within limits of without consent of local au- 
 thorities; legislature not to grant right to construct and 
 operate street railroad within city without requiring consent 
 of local authorities having control of street proposed to be 
 
 occupied. (S.D. X 3; XVII 10.) 
 
 Street railway, gas, water, steam heating, telephone, or electric 
 light company not to be permitted or authorized to use for 
 erection or laying of apparatus without consent of proper 
 legislative boards of city. This section not to apply where 
 charters conferring such rights were granted prior to consti- 
 tution, and work has begun thereunder. (Ky. 163.) 
 
 Water companies must obtain consent of " proper legislative 
 bodies or boards " before laying pipes, mains, etc. ( Ky. 163. ) 
 Regulation of 
 
 Supervision of public service corporations may be authorized by 
 law as to companies doing business therein, including regula- 
 tion of rates and charges. (Proviso to sections specifying 
 powers of corporation commission over public service corpora- 
 tions.) (Ariz. XV 3.) 
 
 Powers of municipal councils or other local governing bodies 
 respecting public utilities to cease on passage of legislation 
 conferring powers respecting such public utilities on state 
 railroad commission so far as such powers conflict; but in 
 case of incorporated cities and cities and counties such local 
 powers over public utilities as relate to making and enforce- 
 ment of local, police, sanitary and other regulations other 
 than fixing of rates to continue unimpaired until an election 
 is held in pursuance of law; such of these powers as majority 
 of qualified electors voting at such election shall vote to retain 
 to continue in the local authorities unimpaired; but if vote 
 does not favor their continuation, then such powers to vest 
 in railroad commission; and in case the vote be in favor of 
 retaining any of such powers a similar majority may later 
 surrender them to the slafe commission. This provision not to 
 affect right of city or of city and county to grant franchises 
 for public utilities on terms and conditions and in manner 
 prescribed by law and not to be construed as a limitation 
 on the constitutional powers of the railroad commission. 
 
 (Cal. XII 23.)
 
 142 State Constitutions 
 
 CITIES (Cont'd) 
 
 Public Utilities (Cont'd) 
 Regulation of (Cont'd) 
 
 Rates for water supplied by any person or corporation to city 
 or city and county or its inhabitants to be fixed annually by 
 council or other governing body by ordinance or otherwise 
 in the manner that other ordinances or resolutions are passed 
 by such body; such ordinances to be passed in February 
 annually to take effect July Hist; any party interested may 
 maintain suit for peremptory process to compel passage of 
 such ordinance and the board or body failing to pass same to 
 be liable to further processes or penalties as legislature pre- 
 scribes; collection of rates other than those fixed by such 
 ordinance to work forfeiture of franchises and waterworks to 
 the city or city and county for the public use. (Cal. XIV 1.) 
 
 Nothing in the provisions relating to telephone and telegraph 
 companies and their lines to interfere with rights of cities 
 to arrange and control their streets and alleys and to desig- 
 nate places and manner of erecting or laying wires. (Ky. 
 
 199.) 
 
 Nothing in provision relating to powers of state corporation 
 commission to impair rights conferred by law on authorities 
 of city to prescribe rules, regulations or rates of charges by 
 public service corporation in connection with services per- 
 formed under municipal franchise so far as such services may 
 be wholly within the limits of city granting franchises. (Okla. 
 
 IX IS; Va. XII 156b.) 
 
 Every grant of franchise to make adequate provision by way of 
 forfeiture or otherwise to secure efficient service at reasonable 
 rates and maintenance of property in good order. (Va. VIII 
 
 125.) 
 Ownership and Operation 
 
 For provisions authorizing cities to incur debts for, notwith- 
 standing constitutional limitation on amount of city debt, See 
 above, this title, Deut — Limit ov Amount. 
 
 Railroad commission to have such jurisdiction as legislature 
 confers on it to fix compensation to be paid for public utility 
 property taken by city and city and county and legislature 
 authorized to grant plenary powers to railroad commission 
 " unlimited by any provision of this constitution ". Previous 
 legislation in accordance with this provision confirmed. (Cal. 
 
 XII 23a.) 
 
 City and county of Denver authorized within or outside its terri- 
 toriaJ limits to construct, condemn, purchase, acquire, lease, 
 add to. maintain, and operate waterworks, lighting plants, 
 power plants, transportation system, heating plants and 
 " other public utilities or works or ways local in use and extent 
 in whole or in part and everything required therefor for the 
 use of said city and county and the inhabitants thereof"; 
 " city and county " may purchase such systems, plants, works,
 
 Ixdex Digest 143 
 
 CITIES (Cont'd) 
 
 Public Utilities (Cont'd) 
 
 Ownership and Operation (Cont'd i 
 
 or ways, or contracts connected therewith in whole or in part 
 and purchase may be enforced by proceedings at law as in 
 taking land for public use by eminent domain. (Coin. XX 1.) 
 Subject to constitution " may acquire, own and operate either 
 within or without its corporate limits public utilities for sup- 
 plying water, light, heat, power to the municipality 
 and the inhabitants thereof" and may sell and deliver outside 
 corporate limits not exceeding 2;i per cent, of amount fur- 
 nished within corporate limits. (Mich. VIII 23.) 
 Subject to constitution city of not less than 25,000 may acquire, 
 own and operate either within or without its corporate limits 
 public utilities for supplying transportation to the munici- 
 pality and the inhabitants thereof, and may operate trans- 
 portation lines without the municipality within such limits 
 as may be prescribed by law. (Mich. VIII 23.) 
 Acquisition public utility by city forbidden unless proposition 
 approved by three-fifths of electors voting thereon at regular or 
 special municipal election. Women taxpayers having qualifi- 
 cations of male electors entitled to vote. (Mich. VIII 25.) 
 May acquire water and light plants by construction or purchase, 
 and may operate waterworks systems and plants for furnish- 
 ing light and may furnish water and light to persons and 
 private corporations for reasonable compensation, but no con- 
 struction or purchase to be made except on majority vote of 
 electors therein qualified to vote on bonded indebtedness 
 
 thereof. ( S.C. VIII 5. ) 
 Every grant of franchise may provide that on its termination 
 plant of grantee as well as its property in streets and public 
 places to become property of city with or without compensa- 
 tion. But grantee not to be entitled to payment by reason 
 of value of franchise. Every such grant to specify mode of 
 determining any valuation therein provided for. Any such 
 grant of property so acquired may be sold or leased, or if 
 authorized by law maintained and operated by such city. 
 
 (Va. VIM 12.1.) 
 Water Supply 
 
 Act of August S, 189'J, constituting sewerage and water board of 
 city of New Orleans is ratified, with exception that in fixing rates 
 to be charged private consumers for water from public water 
 supply of city board shall base rates so as to provide for main- 
 tenance and operation of water system and publir and private 
 supply therefrom, and of sewerage system, and city shall be 
 relieved of providing for maintenance or operation of sewerage 
 and water systems. The board may also use collection-; from 
 water rates charged private consumers for creation of sinking 
 fund for ultimate renewal of systems, and any surplus may be 
 used for maintenance and operation of public drainage system,
 
 144 State Constitutions 
 
 CI1IES (Cont'd) 
 
 Water Supply (Cont'd) 
 
 provided that rates charged private consumers shall not exceed 
 total rates charged private consumers by board in force Novem- 
 ber 1, 1913. Board may by two-thirds vote of its members grant 
 salary to its president pro tern. Board may until September 1, 
 1913, do all construction work with its forces or let same by con- 
 tract, except that when work to be done exceeds in cost $25,000, 
 same shall be let to lowest bidder. Legislature at session in 1914 
 to determine whether such permission shall continue. (La. 313, 
 
 314, 316.) 
 
 CITIZENSHIP 
 
 As qualification for office, See Public Officers, and titles of particular 
 officers or classes of officers. 
 
 As qualification to vote, Sec Elections. 
 
 As qualification to serve on jury, See Juries. 
 
 Restoration to after conviction of crime, Sec Crimes — As Disqualifi- 
 cation or Disability. 
 
 Aliens, See Aliens. 
 
 Persons resident in state, citizens of United States, declared citizens of 
 
 state. (Miss. Ill S.) 
 
 Persons resident in state, born, or naturalized in United States, and sub- 
 ject to jurisdiction thereof, to be citizens of state. (W.Va. II 3.) 
 
 ( itizens of United States, residents in state, declared citizens of state; 
 and legislature shall enact laws to protect them in full enjoyment of 
 rights, privileges and . immunities due to such citizenship. (Ga. I 
 
 Sec. I 25.) 
 
 Every man 21 years old, natural-born citizen of this or one of the United 
 States, or naturalized agreeably to act of Congress, having resided in 
 state for one year before election of representatives, and of quiet and 
 peaceful behavior, and taking oath or affirmation to vote as he judges 
 will most conduce to best good of state, entitled to privileges of free- 
 men of state. (Vt. II 34.) 
 
 Every person of good character coming to settle in state who first takes 
 oath or affirmation of allegiance, may purchase, or by other just means, 
 acquire, hold and transfer land or other real estate, and after one 
 year's residence shall be deemed a free denizen and entitled to rights of 
 natural-born subject of state, except privileges of a freeman, and ex- 
 cept that he is ineligible to office of treasurer or member of lower 
 house until after two years' residence and ineligible to office of gover- 
 nor or lieutenant-governor until he has resided in state four years 
 preceding day of election* (Vt. II 62.) 
 
 PersOne residing on Indian land within slate to enjoy rights and privi- 
 lege^ of citizens and to he subject to taxation. (Minn. XV 2.) 
 
 Xo distinction to he made hetween citizens of state and citizens of other 
 - : :i t cs and territories in respect to purchase, enjoyment or descent of 
 
 property. (Kan. B.R. 17.) 
 
 Social status of citizens never to be subject to legislation. (Ga. I Sec. 
 
 I 18.)
 
 Index Digest 145 
 
 CIVIL DIVISIONS OF STATE, See Municipalities. 
 
 CIVIL SERVICE 
 
 Appointments and promotions in civil service of state and its civil divi- 
 sions (including cities and villages) to be made according to fitness 
 and merit, ascertained, so far as practicable, by competitive examina- 
 tion; honorably discharged Civil War veterans who are citizens and 
 residents of state entitled to preference. (N.Y. V !). ) 
 
 Appointments and promotions in civil service of state, counties, and cities, 
 to be made according to merit and fitness, ascertained as far as prac- 
 ticable by competitive examinations. Laws to be passed for enforce- 
 ment. (Ohio XV 10.) 
 
 Limitation of term of office not applicable to persons appointed to office 
 or employment during good behavior under civil service law of state 
 or political subdivision thereof. (Cal. XX 16.) 
 
 CIVIL WAR 
 
 For provisions as to debts incurred by states, See State Debt. 
 
 Xo citizen of state aiding or participating in Civil War on either side to 
 be liable in any proceeding, civil or criminal, and his property not to 
 be seized or sold under process issued on judgments or decrees " here- 
 tofore rendered, or otherwise ", because of act done according to 
 usages of civilized warfare. Legislature to provide by general laws 
 for enforcing this provision. (W.Va. VIII 20.) 
 
 Xo person to be prosecuted in civil action or criminal proceeding for or 
 on account of act done by him between January 1, 1861, and August 
 20, 1866, by virtue of military authority vested in him or in pur- 
 suance of orders from person vested with such authority by govern- 
 ment of United States or of this state or of Confederate states; if 
 action or proceedings instituted against him, defendant may plead 
 this provision in bar. (Mo. XIV 2.) 
 
 COLORED PERSONS 
 
 Education of, Sec Education. 
 
 Marriage with Avhites, See Marriage. 
 
 Right to bold office, See Public Officers — Qualifications and 
 Disqualifications — Racial. 
 
 Right to vote, See Elections — Qualifications and Disqualifica- 
 tions of Electors — Race or Color. 
 
 Slavery, See Slavery. 
 
 Xo citizen to be deprived of right, privilege or immunity, or exempted 
 from burden or duty on account of race, color, or previous condition. 
 
 (Ark. II 3.) 
 
 Laws of this state affecting political rights and privileges of its citizens 
 to be without distinction of race or color. (Wyo. I, 3.) 
 
 Right of citizen of state to sit on juries not to be restricted, abridged 
 or impaired on account of race or color, except as otherwise provided 
 in constitution. This provision not to be amended except on vote of 
 people in an election at which at least three-fourths of electors voting 
 in state and at least two-thirds of those voting in each county shall 
 vote for such amendment. (N.M. VII 3.)
 
 146 State Constitutions 
 
 COLORED PERSONS (Cont'd ) 
 
 Xo free negro or mulatto, not residing in state at time of adoption of 
 constitution shall come, reside or be within state, or hold real estate 
 or make contracts or maintain suit in state; and legislature to provide 
 by penal laws for removal by public officers and for their effectual 
 exclusion from state and for punishment of persons who bring them 
 into state or employ or harbor them. (Ore. I 35.) 
 Xo indenture of any negro or mulatto executed out of state valid within 
 
 state. (Ind. I 37.) 
 Living together as man and wife in this state, of white person and 
 negro, mulatto, or person of mixed blood, descended from negro to 
 third generation, prohibited. Legislature to enforce provision by 
 appropriate legislation. (Tenn. XI 14.) 
 Wherever used in constitution or laws words " colored ", *' colored race ", 
 •' negro ", " negro race ", to mean all persons of African descent. 
 
 (Okla. XXIII 11.) 
 COMMISSIONERS, Bee Courts. 
 
 COMMISSIONERS' COURTS, Sec Counties. 
 
 COMMISSIONERS' COURTS OF APPEAL, Sec Courts — Highest Court. 
 
 COMMISSIONS TO PUBLIC OFFICERS, See Public Officers. 
 
 COMMON CARRIERS 
 
 For provisions relating to all transportation companies, See Transpor- 
 tation Companies. 
 For provisions relating to all public service corporations, See Public 
 
 Service Corporations. 
 For provisions relating to all corporations, See Corporations. 
 For a particular kind of common carrier, See the specific title. 
 Act of Congress 
 
 Act of April 22, 1908, relating to liability of common carriers by 
 railroads to their employees continued in force. (X.M. XXII 2.) 
 Combination and Pools 
 
 Combination or contract with vessel leaving or making port in state, 
 or with other common carrier, by which earnings of one doing 
 carrying to be shared by other not doing carrying prohibited. 
 
 (Cal. XII 20; Ky. 201; Wash. XII 14.) 
 Xor to consolidate or pool with, purchase or operate parallel or 
 
 competing line. (Ky. 201.) 
 Common Law Liability 
 
 Contract to avoid common law liability not permitted. (Ky. 196.) 
 Control 
 
 General Control 
 
 Legislature so to control common carriers as to prevent mo- 
 nopolies and trusts. (Ala. IV 103.) 
 Legislature to correct abuses, prevent discrimination or excessive 
 charges and to provide for enforcement of laws by adequate 
 
 penalties. (Fla. XVI 30.)
 
 Index Digest 147 
 
 COMMON CARRIERS (Cont'd) 
 Control (Cont'd) 
 
 General Control (Cont'd) 
 
 Legislature to enact laws for supervision, by commission or 
 otherwise, aiul provide penalties to extent of forfeiture of 
 
 franchise. (.Miss. \ 1 1 1S6.) 
 
 Legislature to presenile reasonable maximum rates, correct 
 
 abuses, prevent discrimination and extortion and provide 
 
 adequate penalties. (I'tah XII 15; Wash. XII IS.) 
 
 Right of state to define duties, to control and to fix and limit 
 
 charges of common carriers not to be surrendered or abridged. 
 
 (Va. XII 164.) 
 
 State corporation commission exercises general control, with 
 
 right of commission or carrier to remove case to supreme 
 
 court, (X.M. \l 7.) 
 State corporation commission may inspect books and records 
 
 and require special reports under oath. (N.M. XI 11.) 
 State railway commission given general control, including rate 
 regulation, and may act under or without a legislative pro- 
 vision. (Nebr. V 19A.) 
 Transportation of freight and passengers to be so regulated by 
 general law as to prevent discrimination. ( Ky. 106.) 
 
 Interstate Rates 
 
 State corporation commission to keep informed of interstate 
 rates and institute cases before federal authorities, where 
 
 advisable. (X.M. XI 9.) 
 Long and Short Haul Provisions 
 
 Rates for passengers or like kind of property not to be more 
 for shorter than including longer distance unless railroad 
 commission, after investigation, permits; construction of 
 
 section. (Ky. 218.) 
 
 Rates for passengers or like kind of property not to be more for 
 
 shorter than including longer distance unless state corporation 
 
 commission permits in certain named cases; exceptions 
 
 enumerated; construction of section. (X.M. XI 10.) 
 
 Passes or Reduced Rates 
 
 Free passes or discounted fare, other than as given public 
 generally, not to be granted member of legislature or any 
 salaried officer of state; suitable penalties to be provided. 
 
 (Fla. XVI 31.) 
 
 Passes or re#Uced rates not common to public to state, district. 
 
 city, town or county officer, member of legislature or judge 
 
 forbidden; " heavy penalty" to be fixed on carrier, forfeiture 
 
 of otliee on recipient. (Ky. 1!>7.) 
 
 Special rates permitted for exigencies, in mileage, excursion and 
 
 commutation tickets, for public or charitable objecU, in state 
 
 or United States service. (X.M. XI 10.)
 
 148 State Constitutions 
 
 COMMON CARRIERS {Cont'd) 
 Control (Cont'd) 
 Rate Control 
 
 Passenger and freight rates subject to legislative control. (Ida. 
 
 XI 5.) 
 Safety Appliances 
 
 .State corporation commission may require safety appliances, 
 necessary or as required by federal law; right to remove 
 question to supreme court. (N.M. XI 7.) 
 Definition 
 
 Includes corporations engaged in transportation of persons, prop- 
 erty, mineral oils, mineral products, news and intelligence. (Wyo. 
 
 X Corporations 7.) 
 Drawbacks and Rebates 
 
 Drawbacks, rebates for products or services prohibited and penalties 
 
 to be provided. (Tex. XVI 25.) 
 Grain 
 
 Required to weigh or measure grain where shipped, receipt for 
 same and be responsible for delivery to owner or consignee. 
 
 (111. XIII 4.) 
 As Public Utilities 
 
 Declared to be public utilities subject to control and regulation of 
 
 railroad commission. (Cal. XII 23.) 
 Requirement of Transportation 
 
 Carriers which use lands taken by eminent domain bound to carry 
 the mineral, agricultural and other productions of manufacturers 
 on equal and reasonable terms. (Minn. X 4.) 
 Restrictions 
 
 Incorporated company doing business of a common carrier not to 
 engage in any other business or hold or acquire lands not neces- 
 sary for business. (Pa. XVII 5.) 
 Incorporated company doing business ,of a common carrier not to 
 engage in mining, or manufacturing articles for transportation 
 
 over its works. (Pa. XVII 5.) 
 No corporation engaged in business of common carrier to own, 
 operate or engage in any other business or hold, own, lease or 
 acquire mines, factories or timber, except such as necessary for 
 business. (Ky. 210.) 
 Railroad not to transport articles manufactured, mined or produced 
 by it, or in which it has interest, except such as necessary for its 
 business as common carrier. (Okla. IX 12.) 
 Right bJF \\ ay 
 
 Fee of land taken by common earners for right of way without con- 
 sent of owner, shall remain in owner subject Only to use for 
 
 which taken. (Okla. II 24.) 
 
 T \\ \TIO\ 
 
 See Taxation -Assessment — ( 'orporate Property. 
 Ske Taxation — Objects and Kinds of Taxation — Public 
 
 Utilities.
 
 Isrtf.x Digest 149 
 
 COMPTROLLER 
 
 Under this- heading arc digested those provisions ibhioh specifically refer 
 to this officer. For provision^ relating to all ojjir, rs mid Kence to this 
 oik. See the title Pubi ic ( ifkickhs. For provisions relating to the 
 auditor {iniiler irhieli title this officer is Inioini in sonic states}, See 
 
 Auditor. See also State Examiner. 
 Accounts, See below, this title. Reports. 
 Bond 
 
 To be prescribed by law. ( Md. VI 1 . ) 
 
 To give bond and security under regulations prescribed by law for 
 faithful discharge of duties. (Ga. V Sec. II 6.) 
 Clerical Assistants 
 
 No salary for clerical service to exceed $1,800 for each clerk. (Cal. 
 
 V 19.) 
 
 Clerical expenses including insurance department and wild-land clerk 
 
 not to exceed $4.0(10 a year and without such clerk, not to exceed 
 
 $3,000 a year. (Ga. V Sec. II 4.) 
 Compensation 
 Salary 
 
 Fixed by law. (N.Y. V 1; S.C. IV 24.) 
 Fixed at $2,000. (Fla. IV 29.) 
 Not to exceed $2,000. (Ga. V Sec. IT 4.) 
 Fixed at $2,500. (Md. VI 1.) 
 Fixed at $2,500 and " no more". (Tex. IV 23.) 
 Fixed at $5,000. (Cal. V 19.) 
 Increase or Decrease 
 
 Salary not to exceed $2,000. (Ga. V Sec. II 4.) 
 Allowed after eight years from adoption of constitution. (Fla. 
 
 IV 29.) 
 Increase prohibited. (Tex. IV 23.) 
 May be decreased, but not increased. (Cal. V 19.) 
 Prohibited during period for which elected. (Cal. V 19; N.Y. 
 
 V 1; S.C. IV 24.) 
 Compensation Other Than Salary 
 
 Salary to be in full for all services rendered in official capacity 
 
 or employment during term of office. (Cal. V 19.) 
 Not to receive additional compensation beyond salary for services 
 rendered state in connection with Internal Improvement Fund 
 or other interests belonging to state. (Fla. IV 29.) 
 Fees, perquisites or compensation other than salary prohibited. 
 
 (N.Y. VI.) 
 Fees or perquisites for performance of any official duty not to be 
 
 received to own use. (Cal. V 19.) 
 Fees, commissions or perquisites, in addition to salary not to be 
 
 allowed for performance of duty or services. ( Md. VI 1.) 
 Fees, perquisites or compensation other than salary not allowed, 
 except necessary expenses when absent from seat of govern- 
 ment on business of state. (Ga. V Sec. II 7.) 
 Fees or perquisites for performance of duty connected with office 
 or for performance of additional duty imposed by law not to 
 be received to own use. (Xev. XVII 5.)
 
 150 State Constitutions 
 
 COMPTROLLER (Cont'd) 
 Compensation ( Cont'd) 
 
 Compensation Other Than Salary (Cont'd) 
 
 Fees, costs or perquisites of oilice, not to receive to own use; 
 fees payable by law for service performed paid wlien received 
 
 into treasury. {Tex. IV 23.) 
 Expenses 
 
 Necessary expenses when absent from seat of government on 
 
 business of state. (Ga. V Sec. II 7.) 
 No salary for clerical service to exceed $1,800 for each clerk. 
 
 (Cal. V 19.) 
 Clerical expenses, including insurance department and wild-land 
 clerk not to exceed $4,000 a year, and without such clerk, 
 not to exceed $3,000 a year. (Ga. V Sec. II 4.) 
 Payment 
 
 Quarterly out of state treasury. (Xev. XYII 5.) 
 
 Election 
 
 Under this subhead are digested those provisions which specifically 
 refer to this officer; for provisions relating to elections in general, 
 See the title ELECTIONS; fur provisions allowing the legislature to 
 establish offices and provide for their election or appointment, 
 tice the title Prrsr.ic Officers. 
 
 Electors 
 
 Qualified electors of state. (Conn. Amend. V; Md. VI 1; S.C. 
 
 IV 24 ; Tex. IV 2. ) 
 Same as for governor. (Cal. V 17; Xev. V 19.) 
 Same as for members of legislature. (Ga. V Sec. II 1.) 
 Joint vote of hoth houses of legislature. (X.J. VII Sec. II 3; 
 
 Tenn. VII 3.) 
 Time and Places 
 
 Same as for governor. (Cal. V 17; Fla. IV 20; Ga. V Sec. II 1 ; 
 
 Xev. V 19.) 
 Same as for members of lower house. (Md. VI 1.) 
 Same as for members of legislature. (Tex. IV 2.) 
 At general election at time and place of electing governor. 
 
 (X.Y. V 1, 2.) 
 Tuesday after first Monday of Xovember, 1S86. and biennially 
 thereafter . (Conn. Amend. XXVII 1.) 
 
 Returns and Canvass 
 
 Votes to be returned to, counted, canvassed and declared by 
 
 treasurer and secretary. (Conn. Amend. 5.) 
 Same as U>v goyernpr! (Cal. V 17: Ga. V Sec. II 1; Xev. V 19; 
 
 Tex. IV 3.) 
 Majority vote necessary for choice,. (Ga. V Sec I .">; Sec II 1.) 
 Contested Elections 
 
 l)i ■teriniiit J by legislature in manner prescribed by law. (Ga. V 
 
 Sec. I (i. Sec II 1.) 
 Determined by both houses <J legislature in joint session. (Tex. 
 
 IV 3.)
 
 Index Digest 163 
 
 COMPTROLLER (Cont'd) 
 Election (Cont'd) 
 Tie Vote 
 
 Legislature by joint vote to elect one erf persons in tie. (Cal. 
 
 V 4, 17; Net! V 4, 19.) 
 Legislature on second day of session by joint vote to elect with- 
 out debate one of persons in tie. (Conn. Amend. XXX.) 
 Legislature by joint vote, without delay, to elect one of persona 
 
 in tie. (Tex. IV 3.) 
 
 If no person has majority, legislature immediately to elect one 
 
 of two persons having highest vote; election by viva voce vote, 
 
 and majority of members present necessary to choice. (Ga. V 
 
 Sec. T 5. Sec. II 1.) 
 Impeachment 
 
 See also Impeachment. 
 
 May be impeached. (Tex. XV 2.) 
 
 For misdemeanor in office. (Cal. IV 18.) 
 
 For crime in official capacity which may require disqualification. 
 
 (Tenn. V 4.) 
 Oath op Office 
 
 Aa prescribed by law. (Md. VI 1.) 
 
 Powers and Duties 
 
 As prescribed by law. (Conn. IV 10; Fla. IV 23; Md. VI 2; Xev. 
 
 V 22; N.Y. V 6; S.C. IV 24; Tex. IV 23.) 
 
 Qualifications 
 
 Twenty-five years old at time of election. (Ga. V Sec. II (5.) 
 
 Must have been citizen of United States for 10 years (preceding 
 
 election?) ( Ga. V Sec. II 6.) 
 
 Must have been citizen of state for six years preceding election. 
 
 (Ga. V Sec. II 6.] 
 
 Any elector eligible. (Xev. V 19.) 
 Ineligible to legislature. (Conn. X 4.) 
 
 Removal 
 
 Legislature may provide for suspension and appointment of person to 
 
 discharge duties of office. (C,a. V Sec. I 18.) 
 If, during recess of legislature, charges are preferred to governor for 
 incompetency, malfeasance in office, wilful neglect of duly or mis- 
 appropriation of state funds, governor forthwith to notify him and 
 fix date for hearing of charges and if, on evidence taken under 
 oath, allegations are sustained, governor to remove him and 
 appoint successor to hold for unexpired term. (Md. VI 0.) 
 Residence 
 
 At state capital during continuance in office. (Tex. IV 23.) 
 Keep office at seat of government. (Md. VI 1; Xev. XV 12.) 
 Keep office at seat of government, but in case of invasion or violent 
 epidemics, governor may direct office to be removed temporarily to 
 
 other place. (Fla. XVI 10.) 
 Reports 
 
 To make to governor quarterly report of financial condition of state. 
 including statement of assets, liabilities and income, and expendi- 
 tures "therefor" for the three months preceding. (Ga. VII Sec. 
 
 XV 1.)
 
 152 State Constitutions 
 
 COMPTROLLER (Cont'd) 
 Reports (Cont'd) 
 
 To prepare estimates and reports of revenue and expenditures of 
 state; and make to legislature reports of his proceedings, and of 
 the state of the treasury department, within 10 days after begin- 
 ning of each session. (Md. VI 2.) 
 Audit and examination of account. See State Finances. 
 Term op Office 
 Length 
 
 Same as for governor. (Cal. V 17; Fla. IV 2d; Xev. V 19.) 
 Two years. (Conn. Amend. XXVII 2; Md. VI 1; X.Y. V 1, 2; 
 
 S.C. IV 24; Tenn. VII 3; Tex. IV 23.) 
 Three years. (X.J. VII Sec. II 3.) 
 
 To serve until successor qualified ( regardless of length of term 
 specified). (Conn. Amend. XXVII 2; Md. VI 1; X.J. VII 
 Sec. II 3; S.C. IV 24; Tex. IV 23.) 
 Time of Beginning 
 
 Same as for governor. (Fla. IV 28; Xev. V 19.) 
 Third Monday of January after election or as soon thereafter as 
 
 practicable. (Md. VI 5.) 
 Wednesday after first Monday of January after election. (Conn. 
 
 Amend. XXVII 2.) 
 Vacancy in Office 
 
 Filled by governor with advice and consent of senate until successor 
 
 elected and qualified. (Md. VI 1.) 
 
 CONCEALED WEAPONS, See Arms. 
 
 CONCILIATION COURTS, See Courts — Arbitration Courts. 
 
 CONGRESS OF UNITED STATES 
 
 Xo person to vote at any federal election unless name appears on list 
 
 of registered voters. (Md. I 5.) 
 Members chosen or elected in manner and at time prescribed by law. 
 
 (La. 206.) 
 
 Certificates of election or credentials not to be given to j:>erson as having 
 
 been elected to house or senate who has not been five years citizen of 
 
 state and 10 years citizen of United States. (Fla. XVI 20.) 
 
 Legislature to elect United States senators in manner prescribed by 
 
 Congress and by state constitution. (Fla. Ill 31.) 
 Provision to be made by law for preferential vote for United States 
 
 senator. (Ohio V 7.) 
 
 Legislature may provide that at general election immediately preceding 
 
 expiration of term of United States senator from state, electors may 
 
 by ballot express preference for some person for said office. Votes cast 
 
 to be canvassed and returned in same manner as for state officers. 
 
 (Xebr. Separately Submitted.) 
 At any time federal constitution may permit election of United States 
 senators by direct vote of people, legislature to provide for their elec- 
 tion as for election of governor and other elective officers; legislature 
 to enact law providing for mandatory primary system, which shall 
 provide for nomination of all candidates in all elections for all political
 
 Index Digest 153 
 
 CONGRESS OF UNITED STATES (Cont'd) 
 
 parties, including United States senators; but this not to exclude right 
 of people to place on ballot by petition any non-partisan candidate. 
 
 (Okla. II 4, 5.) 
 Governor ineligible to election or appointment to senate during term and 
 
 within year after expiration. (Ala. V 116.) 
 Governor ineligible for election to senate of United States during term 
 
 for which elected. (Utah VII 23.) 
 For election of representatives to Congress, state to be divided into dis- 
 tricts corresponding in number with representatives to which it may 
 be entitled; districts to be formed of contiguous counties and be com- 
 pact; each district to contain as nearly as may be equal number of 
 population, determined according to rule prescribed in the Constitution 
 
 of United States. (VY.Va. I 4.) 
 One representative elected from state on Tuesday after first Monday of 
 November, 1895. and thereafter at such times and places, and in such 
 manner as prescribed by law. When new apportionment made by 
 Congress, legislature to divide state into congressional districts accord- 
 ingly. (Utah IX 1.) 
 Until otherwise provided by law members of house of representatives, 
 apportioned to this state, to be elected by state at large. (S.D. XIX 1.) 
 
 CONSERVATION 
 
 Laws may be passed providing for conservation of natural resources of 
 
 state, and for formation of districts. (Ohio II 36.) 
 Fish and game, See Game. 
 Forests, See Forests. 
 Waters, See Waters. 
 
 CONSTABLES 
 
 Under this heading arc digested those provisions which specifically refer 
 to this officer. For prorisions relating to all officers and hence to this 
 one, See title Public Officers, and title Counties — Officers. 
 
 Ix General 
 
 To be furnished by presiding judge of county court with certificate 
 
 of election on which his official oath of office shall be indorsed. 
 
 (Township constable.) (Ark. VII 47.) 
 Legislature, if it creates municipal courts for Chicago, may abolish 
 
 office of constable. (111. IV 34.) 
 Xot to be regulated by local or special law. (Minn. IV 33.) 
 Creation of election districts for constable not to be provided for by 
 
 local, private or special law. (Miss. IV 90.) 
 
 Appointment 
 
 To be appointed by county commissioners for the election districts 
 of the counties, and by mayor and council for election districts of 
 Baltimore. (Md. IV Pt. VI 42.) 
 Each magistrate under regulations prescribed by law to appoint one 
 or more constables. (S.C. V 20.)
 
 l.')4 State Constitutions 
 
 CONSTABLES (Cont'd) 
 Bond 
 
 Before entering on duties and as often as may be deemed proper 
 
 to give bond and security prescribed by law. (Ky. 103.) 
 To furnish bond (Xew Orleans). (La. 145.) 
 Compensation 
 
 If precinct includes part of city or town, to be paid fixed salary and 
 
 not to receive fees for own use. (Ariz. XXII 17.) 
 Compensation to be prescribed by law. (Fla. VIII 6; 111. VI 18, 32; 
 
 Md. IV Pt. VI 42; S.C. V 24,*20.) 
 To receive such compensation in civil matters as fixed by law; to 
 receive none in criminal matters or in peace bond cases; but in 
 lieu thereof salaries fixed by "'police jury" and paid by parish; 
 "which salaries shall be graded". (La. 127, 128.) 
 To be fees of office as fixed by laAV (Xew Orleans). (La. 145.) 
 Constable shall accept fees as full compensation. (Utah XXI 2.) 
 In cities having population of 5,000 or more, legislature to fix 
 
 compensation by salary. (Wash. XI 8.) 
 In precincts having more than 1,500 population to receive as compen- 
 sation fees provided by law. (Wyo. XIV 2.) 
 Election 
 
 In precincts lying in or partly in city or incorporated town of more 
 than 1,500 inhabitants legislature may provide for election of 
 one constable. In precincts not lying within or partly in such 
 cities or towns qualified electors of precinct to elect one constable. 
 
 (Ala. VI 168.) 
 To be elected by qualified voters of township. (Ark. VII 47; N.C. 
 
 IV 24.) 
 
 To be elected in each precinct at election for members of legislature. 
 
 This section to govern unless otherwise expressly provided by the 
 
 constitution. (Colo. XIV 11.) 
 
 Legislature to provide for election of by qualified electors in each 
 
 county. (Fla. VIII 6.) 
 To be elected by registered voters in each justice of peace district. 
 
 (Fla. V 23.) 
 To be elected in and for such districts as are or may be provided for 
 
 bylaw. (111. VI 21.) 
 One to be elected in each justice's district. (Ky. 99.) 
 To be elected by qualified electors of territorial limits of counties. 
 
 (La. 127.) 
 
 Constable of city court of Xew Orleans to be elected by qualified 
 
 voters of specified portion of city. (La. 140. 147.) If not fixed 
 
 by constitution to be elected at parochial and municipal elections. 
 
 (Parish of Orleans.) (La. 152.) 
 To be chosen in each county in manner provided by law " for each 
 
 district '". (Miss. VI 171.) 
 To be elected in and for such districts or precincts as are provided 
 
 by law. (X.M. VI 26.) 
 To be elected by qualified voters in each district. (Tenn. VI 15.) 
 One to be elected in each precinct. (Tex. V 18.) 
 To be elected by voters of each district, (\V,Va. IX 2.)
 
 I.mif.x Dkjknt 155 
 
 CONSTABLES (Cont'd) 
 Fees 
 
 Legislature may provide by law what fees constable may charge, 
 
 and such fees shall be uniform throughout state. (Ala. \'I 168.) 
 
 Private, local or special legislation increasing fees, forbidden. (Ala. 
 
 IV 1() 1. 1 
 Legislature to provide general fee bill or bill of costs regulating 
 
 fees and compensation in civil matters. ("La'. 129.) 
 To continue as fixed by law until otherwise provided by law. 
 
 ( La. 153.) 
 Constable exempt from requirement in constitution in relation to 
 
 return of fees. (Md. XV 1.) 
 Local or special legislation regulating fees, forbidden. (Mo. IV 53 : 
 
 Okla. V 4b j Pa. Ill 7; Tex. Ill 56.) 
 Indictment 
 
 Subject to indictment for misfeasance or malfeasance in office or 
 wilful neglect of duties in manner prescribed by law; but officer 
 to have right to appeal to court of appeals. Conviction renders 
 
 office vacant. (Ivy. 227.) 
 Jurisdiction 
 
 Not to be regulated by private, local or special law. (Cal. IV 25; 
 Colo. V 25; Ida. Ill 19; 111. IV 22; Ind. IV 22; Mont. V 26; Xebr. 
 Ill 15; Nev. IV 20; X.M. IV 24; X.D. II 69; Ore. IV 23; 
 
 Wyo. Ill 27.) 
 To be co-extensive with county. (Ky. 101; Tenn. VI 15.) 
 Prescribed by law. (Md. IV Pt. VI 42.) 
 
 Elected for districts but powers to extend throughout county. (W.A a. 
 
 IX 2.) 
 
 XUMBER 
 
 One for each precinct. (Ala. VI 168.) 
 
 Two for each precinct in county. In precinct containing 50,000 or 
 more inhabitants number of constables may be increased by law. 
 This section to govern unless otherwise expressly provided by con- 
 stitution. (Colo. XIV 11.) 
 
 One for each justice's district. (Fla. V 23.) 
 
 One for the court of each justice of the peace. (La. 127.) 
 
 One constable provided for city courts, to appoint necessary deputies 
 and fix their salaries and remove at pleasure; to furnish and pay 
 one deputy to attend " sittings " of each judge; judge to select such 
 deputy; latter to perform duties required by constable when not 
 engaged in court. (Xew Orleans.) (La. 145. 147.) 
 
 Such number as provided by law for the several election districts of 
 counties and wards of the city of Baltimore. (Md. IV 42.) 
 
 Local, private or special legislation providing for creation of districts 
 for election of constables, forbidden. (Miss. IV 90.) 
 
 Competent number in each county. Oliss. VI 171.) 
 
 One or more as provided by law. (SIC; V 20.) 
 
 Onf for each district (not more than 25 districts in a county I ex- 
 cept in districts including bounty towns, where two. (Tenn. 
 
 VI 15.)
 
 156 State Constitutions 
 
 CONSTABLES (Cont'd) 
 Number ( Con t'd ) 
 
 Each county to be divided into not less than four nor more than 
 
 eight precincts; one constable to be elected in each. (Tex. V 18.) 
 
 One for each district in a county and if population exceeds 1,200 one 
 
 additional. (W.Va. IX 2.) 
 Oath or Office 
 
 Shall be endorsed upon certificate of election. (Ark. VII 47.) 
 Powers and Duties 
 
 Not to be regulated by private, local or special law. (Cal. IV 25; 
 Colo. V 25; Ida. Ill 19; 111. IV 22; Ind. IV 22; Minn. IV 33; 
 Mont, V 26; Nebr. Ill 15; New IV 20; N.M. IV 24; N.D. II 69; 
 
 Ore. IV 23; Wyo. Ill 27.) 
 To perform such duties and under such regulations as prescribed by 
 
 law. (Fla. V. 23, VIII 6.) 
 As. provided by law. (111. VI 18, 32.) 
 
 Exempt from requirement in constitution in relation to return of 
 
 fees. (Md.XV 1.) 
 To be conservator of the peace and to have such duties as prescribed 
 
 by law. (Md. IV Pt. VI 42.) 
 Local or special legislation extending powers and duties of, forbidden. 
 
 (Mo. IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill 56.) 
 To execute writs and processes issued by magistrate. (S.C. V 20.) 
 To be conservator of peace throughout county. iW.U. IX 7.) 
 Qualifications and Disqualifications 
 
 Twenty-four years of age at time of election ; citizen of Kentucky ; 
 resident of state two years and in county or district in which he 
 is candidate one year next preceding election. (Ky. 100, 101.) 
 Not to be eligible to seat in legislature. (W.Va. VI 13.) 
 Removal 
 
 May be removed by circuit or other court of like jurisdiction or crim- 
 inal court of county in which such officer holds office as prescribed 
 by law, provided that right to jury trial and appeal be secured. 
 Grounds for removal: "wilful neglect of duty, corruption in office, 
 incompetency, or intemperance in the use of intoxicating liquors or 
 narcotics to such an extent, in view of the dignity of the office and 
 the importance of its duties, as unfits the officer for the discharge 
 of such duties, or for any offense involving moral turpitude while 
 in pffice or committed under color thereof or connected therewith ". 
 Penalty not to extend beyond removal and disqualification from 
 holding office under authority of state for the term for which such 
 officer was elepted or appointed, but accused to be liable to indict- 
 mriit or punishment as prescribed BY law. (Ala. VII 173, 175. 176.) 
 To he removed on prosecution and final conviction for misdemeanor 
 
 in office. (111. VI 21. 30.) 
 In Xew Orleans may be removed by judges of city court on proof. 
 after trial, without a jury, of gross or continued neglect, incom- 
 petency or unlawful conduct " operating injury'" to court or any- 
 individual; majority of judges may render judgment in case; court 
 to adopt rules regulating complaints and trial in such eases; de- 

 
 TXDEX DldEST 157 
 
 CONSTABLES (Cont'd) 
 Removal (Cont'd) 
 
 lisiiin subject to appeal (<> court of appeal for parish "t' Orleans. 
 
 I La. 14.-,. 137, 147.) 
 May be removed by judge having criminal jurisdiction " for incom- 
 petency, wilful neglect of duly or misdemeanor in office, on con- 
 viction in a court of law". (Md. TV Pt. VI 42.) 
 May be removed by judges of district court for incompetency, official 
 misconduct, habitual drunkenness or other cau&es defined by law 
 on written statement of cause "and the finding- of its truth by a 
 
 jury"'. (Tex. V 24.) 
 Residence 
 
 To reside in district for which elected. (111. VI 21, 32; Tenri. VI 15; 
 
 YY.Va. IX 2.) 
 
 Term 
 
 Two vears. (Ark. VII 47: Colo. XIV 11: Md. IV Pt. VI 42: Tenn. 
 
 VI I:,.) 
 Four years. (Fla. VIII fi; La. 127; Miss. VI 171; W.Va. IX 2.) 
 Four years and until successors qualify. (111. VI 21, 32.) 
 To commence January 1st next after election and to continue for four 
 
 years, and until successor qualifies, (Ky. 99.) 
 Two years and until successor qualifies. (Township constable.) 
 
 iX.C. IV 24. 25.1 
 Two years and until successor qualifies. (Tex. V 18.) 
 
 Vacancies 
 
 To be filled by election; but if unexpired term does not exceed one 
 year, by appointment by board of supervisors, or board of county 
 commissioners, in county where vacancy occurs. (111. VI 32.) 
 
 Conviction for misfeasance or malfeasance in office or wilful neglect 
 of duties in manner prescribed bv law renders office vacant. ( Ivy. 
 
 227.) 
 
 Vacancy filled by appointment of county commissioners or by mayor 
 and council in Baltimore for balance of term. (Md. IV Pt. VI 43.) 
 
 Filled by county commissioners for balance of term. Failure to 
 qualify renders office vacant. (X.C. IV 24, 25.) 
 
 Removal from district in which elected renders office vacant. (Tenn. 
 
 VI 15.) 
 
 If unexpired term is more than one year, to be filled by special 
 election called by " proper legal authority " held within 60 days 
 under general state elections laws; where unexpired term is less 
 than one year governor to fill with consent of senate for balance 
 of term. (Xew Orleans.) (La. 157.) 
 
 CONSTITUTION OF STATE 
 
 Vor to revive hurs. See Laws — Revival. 
 Effect 
 
 On existing laics, See Laws — Existing to Remain in Force. 
 Operative in war as well as peace: departure from or violation of 
 under plea of necessity or any other plea subversive of good govern- 
 ment and tends to anarchy and despotism. (W.Va. I 3.)
 
 1 5 8 State Coxstitutioxs 
 
 CONSTITUTION OF STATE (Cont'd) 
 Effect {Cont'd) 
 
 Provision* mandators . except where otherwise declared. (Ariz. II 
 32: Cal. I 22: Mont. D.R. 2«.t : N'.l). I 21; S.C. 1 29; Utah I 20: 
 
 Wash. I 29.) 
 Obligatory upon all until changed by act of people. (R.J. I I.; 
 Omission from constitution of article of constitution of 18D8 and 
 amendments thereto or any other existing constitutional provision 
 not to amount to repeal thereof unless inconsistent with this con- 
 stitution. (La. 32(5 Co).) 
 Provision of express or implied contracts to waive any benefits of 
 constitution to be void. (Okla. XXII I 8.) 
 Laws Exforcixg, See Laws — Exforcixg Coxstitutiox. 
 Preservation 
 
 To be enrolled on parchment and deposited in office of secretary of 
 state, and to be part of laws of land. (Me. X 3; N.H. II 100.) 
 PjUBLICATION 
 
 State constitution to be prefixed to editions of laws. (Me. X 3; Mass. 
 
 Ft. II Ch. VI 11; Nebr. XVI 28; N.H. II 100.) 
 State constitution to be prefixed to every codification of laws. (Del. 
 
 XV 9.) 
 Reports by Judges ox Defects 
 
 Defects and omissions with appropriate bills to remedy reported in 
 writing by judges of highest court to governor on or before De- 
 cember 1st, transmitted by governor to legislature with message. 
 
 (Colo. VI 27.) 
 Defects in to be reported by judges of highest court to legislature 
 
 annually. (111. VI 31.) 
 Defects and omissions reported by justices of highest court to gover- 
 nor on or before December 1st of each year. Transmitted by gov- 
 ernor to legislature with message. <Ida. V 25.) 
 Supreme Law 
 
 Constitution of state to be law of general operation second in author- 
 ity to United States constitution. (Ga. XII Sec. I 2.) 
 Constitution to be, of the state. (Iowa XII 1; Me. X 3; E.I. IV 1.) 
 
 I'X CONSTITUTIONALITY OF LAWS 
 
 Adoption by people of law declared unconstitutional, See Courts — 
 
 Decisioxs. 
 Xo law to be held unconstitutional by highest court without con- 
 currence of at least all but one of judges, except in affirmance of 
 judgment of intermediate court of appeals declaring law uncon- 
 stitutional. (Ohio IV 2.) 
 Decision of highest court in case involving construction of to be by 
 
 court en banc. (Colo. VI 5.) 
 Xo court but highest to declare unconstitutional law, or city charter 
 or amendment adopted by people in cities; decision subject to 
 approval or disapproval by people. (Colo. VI 1.) 
 Assent of at least three judges of highest court necessary to declare 
 law repugnant to state constitution; if not more than two judges 
 sitting agree and case cannot be determined without passing on
 
 Ixdex Digest 150 
 
 CONSTITUTION OF STATE (Conf<l) 
 
 UNCONSTITUTIONALITY OF LAWS {Cont'd) 
 
 the question, no decision to be rendered, but case to be reheard by 
 full court; and in no case where jurisdiction depends solely upon 
 fact that constitutionality of a law is involved shall court decide 
 case upon merits unless decision of appellant upon constitutional 
 question is sustained. (Va. VI 88.) 
 
 If it appears to justices of highest court, or any three of them, that 
 question of constitutional law is involved on which entire court 
 has hot agreed, the chief justice, or in his absence presiding 
 associate justice, shall call to assistance of highest court all the 
 judges of the circuit courts. Decision of majority of justices and 
 judges sitting to be filial and conclusive. If number qualified to 
 sit constitute even number, one of circuit judges, determined by 
 
 lot, shall 'retire. (S.C. V 12.) 
 
 If question as to construction of provision of constitution or as to 
 constitutionality of act of legislature arises in case pending in 
 appellate court, court shall so certify to highest court and trans- 
 mit a transcript of record to highest court, which instructs appel- 
 late court; but if by reason of equal division of opinion no instruc- 
 tion given, appellate court may decide question, (Ga. VI See. II 
 
 9.) 
 
 Acts in violation of void, and judiciary shall so declare, ((la. I 
 
 Sec. IV 2.) 
 
 Law inconsistent with constitution to be void. (Iowa XII 1; R.I. 
 
 IV 1.) 
 CONSTITUTION OF UNITED STATES 
 
 Adoption by people of law declared unconstitutional by State court. See 
 
 Conns - Decisions. 
 
 Constitution of the United States is supreme law of land. (Ariz. II 3; 
 Cal. I 3; Ida. I 3; X.M. II 1; X.D. I 3; S.D. VI 26; Utah I 3; Wash. 
 
 I 2; W.Va. I 1; Wyo. I 37.) 
 
 Constitution of United States and laws in pursuance thereof, and treaties 
 
 made under authority of United States are supreme law. (Ga. XI 1 
 
 Sec. I 1; Md. D.R. 2; W.Va. II.) 
 Operative in war as well as peace; departure from or violation of under 
 plea of necessity or any other plea subversive of good government and 
 tends to anarchy and despotism. (Md. D.R. 44; W.Va. I 3.) 
 State subject only to. (Mo. II 3; Tex. I 1.) 
 
 Citizens owes paramount allegiance to. (Fla. D.R. 2; X. C. I 5.) 
 Xo law in contravention of binding. (X.C. I 5.) 
 
 Acts in violation of void, and judiciary to so declare them. (Ga. I Sec. 
 
 IV 2.) 
 
 Change in form of state government not to be repugnant to constitution 
 
 of United States. (Colo. II 2; Miss. Ill 6; Mo. II 2; Mont. Ill 2; 
 
 X.C. I 3; Okla. II 1.) 
 
 Xo convention or legislature of state to act upon amendment proposed 
 
 by Congress unless elected after submission of amendment. (Fla. X\ 1 
 
 19; Tenn. II 32.)
 
 160 State Constitutions 
 
 CONSTITUTION OF UNITED STATES (Oqnt'd) 
 
 Legislature not to adopt change in, which may impair right of local self- 
 
 govenmieiit. (Mo. 11 3.) 
 Assent of at least three judges of highest court necessary to declare law- 
 repugnant to United States constitution; if not more than two judges 
 sitting agree and case cannot be determined without passing on the 
 question, no decision to be rendered but case to be reheard by full 
 court; and in no case where jurisdiction depends solely upon fact that 
 constitutionality of a law is involved shall court decide case upon 
 merits unless decision of appellant upon constitutional question is 
 
 sustained. ( Va. VI 88.) 
 If question as to construction of provisions of constitution or as to con- 
 stitutionality of act of legislature arises in case pending in appellate 
 court, court shall so certify to highest court and transmit a transcript 
 of record to highest court, which instructs appellate court; but if by 
 reason of equal division of opinion no instruction given, appellate 
 court may decide question. (Ga. VI Sec. II 9.) 
 Decision of highest court in case involving a construction of the consti- 
 tution of the United States not to be decided except by court en banc. 
 
 (Colo. VI 5.) 
 
 Xo law to be held unconstitutional by highest court without concurrence 
 
 of at least all but one of judges, except in affirmance of judgment of 
 
 intermediate court of appeals declaring law unconstitutional. (Ohio 
 
 IV 2.) 
 CONTEMPTS 
 
 Of legislature, See Legislature. 
 
 Of public service commission, See Public Service Commissions. 
 Power of courts to punish for contempt to be limited by law. ( Ga. I Sec. 
 
 I 20; La. 177; Va. IV 63.) 
 
 Legislature may regulate by law punishment of contempts not committed 
 
 in presence or hearing of courts, or in disobedience of process. (Ark. 
 
 VII 26.) 
 Legislature to pass laws defining and regulating proceedings and punish- 
 ment; any person accused of violating or disobeying when not in pres- 
 ence or hearing of court or judge sitting as such, order of injunction 
 or restraint shall, before penalty or punishment is imposed, be entitled 
 to trial by jury; penalty or punishment not to be imposed for contempt 
 until opportunity to be heard is given. (Okla. II 25.) 
 
 CONTRACTS 
 
 For monopolies, See Monopolies and Trusts. 
 
 Public, See Public Contracts. 
 
 Laws impairing obligation of prohibited. (Ala. I 22; Ariz. II 25; Ark. 
 II 17; Cal. I 16; Colo. II 11; Fla. D.R. 17; Ga. I Sec. Ill 2; Ida. I 16; 
 111. II 14; Ind. I 24; Iowa I 21; Ky. 19; La. 160; Me. Ill; Mich. II 9; 
 Minn. I 11; Miss. Ill 16; Mo. II 15; Mont. Ill 11; Nebr. I 16; Nev. 
 I 15; N.M. II 19; N.D. I 16; Okla. II 15; Ore. I 21; Pa. I 17; R.I. I 
 12; S.C. I 8; S.D. VI 12; Tenn. I 20; Tex. I 16; Utah I 18; Va. IV 58; 
 Wash. I 23; W.Va. Ill 4; Wis. I 12; Wyo. I 35.) 
 
 No law of state to impair obligation of contracts by destroying or impair- 
 ing remedy for their enforcement. (Ala. IV 95.)
 
 T\i.i:\ Digest M'>1 
 
 CONTRACTS (Cont'd) 
 
 Legislature to have no power to pass laws impairing obligation of con- 
 tracts; but may, by general laws, authorize courts to carry into effect, 
 upon such terms as shall be just and equitable, the manifest intention 
 of parties, and officers, by curing omissions, defects and errors, in 
 instruments and proceedings, arising out of their want of conformity 
 with laws of state. (Ohio II 28.) 
 Legislature not to pass any law impairing obligation of contracts, or 
 ' depriving a party of any remedy for enforcing a contract which existed 
 
 when contract was made. (N.J. IV Sec. VII 3.) 
 Nothing contained in constitution to impair validity of contracts. (Tenn. 
 
 XI 2.) 
 Legislature to enact laws to prevent contracts and agreements inimical to 
 
 public welfare. (Miss. VII 19S; S.C. IX 13.) 
 Any provision of express of implied contract stipulating for notice or 
 demand, other than such as provided by law, as a condition precedent 
 for- any claim, demand or liability, to be void. (Okla. XXIII 9.) 
 Person to be held to voluntary contract to attend or support place of 
 
 worship. (Mo. II 6.) 
 CONTRIBUTORY NEGLIGENCE, See Injuries. 
 
 CONVICT LABOR 
 
 Use of convict fund for roads, See Roads — State Aid. 
 
 Provision forbidding state or subdivision thereof to employ aliens on 
 any public, work not to be construed to prevent working of prisoners 
 by state or municipality thereof, on streets, roads or other public 
 
 work. (Ariz. XVIII 10.) 
 
 Labor of convicts not to be let out by contract; legislature to provide 
 for working of convicts for benefit of state. ( I'al. X 6. ) 
 
 Unlawful for commissioners of penitentiary or other reformatory insti- 
 tution of state to let by contract the labor of convict. (111. Convict 
 
 Labor Amend, of 1SSG.) 
 
 Persons convicted of felony and sentenced to penitentiary to be confined 
 at labor within walls of penitentiary and legislature shall not author- 
 ize employment elsewhere, except upon public works of state or when 
 during pestilence or in case of destruction of prison they cannot be 
 confined in penitentiary. State to maintain control of discipline and 
 provide for all supplies and for sanitary conditions of convicts; labor 
 only of convicts may be leased. (Ky. 253, 254.) 
 
 Legislature may authorize employment "under state supervision and 
 proper officers and employees of state", of convicts on public roads or 
 other public works or convict farms, or in manufactories owned or 
 controlled by state, under provisions and restrictions prescribed by 
 law; and shall enact necessary laws; no convict sentenced to state 
 penitentiary to be leased or hired to any person, or private or public 
 or quasi-public corporation or board, save as herein provided. (La. 
 
 196.) 
 
 If parish divided into road districts,' judge may sentence any mie con- 
 victed of offense, when punishment imposed by law is imprisonment in 
 jail in first instance, or in default of payment of fine, to work on 
 
 6
 
 162 State Constitutions 
 
 CONVICT LABOR (Cont'd) 
 
 roads, bridges and other public works of parish; and when prescribed 
 punishment is imprisonment in penitentiary, may sentence him to work 
 on roads, bridges and other works of parish where crime committed, 
 if sentence imposed does not exceed six months. (La. 292.) 
 
 Legislature to provide by general law for working on public roads by 
 contract or by county prisoners, or both. Such law may be put in 
 operation only by vote of board of supervisors in counties where it 
 may be desirable. (Miss. IV 85.) 
 
 Penitentiary convict not to be leased or hired to any person or private, 
 public or quasi-public corporation or board after December 31, 1894, 
 previous lease or hiring not to extend beyond that date; legislature to 
 abandon system as much sooner as consistent with economic 'safety of 
 state but legislature may authorize employment under state super- 
 vision and proper officers and employees of state, of convicts on public 
 roads or other public works, or by any levee board or any public levees 
 under such provisions and restrictions as it may deem pr.oper; but 
 convicts not to be let or hired to contractors under board, and working 
 of convicts on public roads, or public works, or by any levee board, not 
 to interfere with preparation for or cultivation of crop which may be 
 intended shall be cultivated by convicts, nor interfere with manage- 
 ment of state affairs nor put state to any expense. Legislature may 
 place convicts on state farm or farms and have them work thereon 
 under state supervision exclusively, in tilling soil or manufactures, 
 and may imy farms for that purpose. Convicts sentenced to county 
 jail not to be hired or leased outside of county of conviction after 
 January 1, 1893. (Miss. X 223, 224, 225, 22G.) 
 
 Warden or other officer of state penitentiary or reformatory institution 
 or any state officer not to let by contract to any person labor of any 
 convict within said institution. (Mont. XVIII 2.) 
 
 Persons confined in penitentiary, so far as consistent with discipline an I 
 public interest, to be employed in beneficial industry; and where 
 convict has dependent family his net earnings paid to family if neces- 
 sary for support. Leasing of convict labor by state prohibited. (N.M. 
 
 XX 15, 18.) 
 
 Legislature to provide for occupation and employment of all prisoners 
 sentenced to state prisons, penitentiaries, jails and reformatories; on 
 and after January 1, 1897, no person in any state prison, penitentiary, 
 jail or reformatory to be required or allowed to work at any trade, 
 industry or occupation wherein or whereby his work or its product or 
 profits shall be farmed out, contracted, given or sold, to any person, 
 firm, association or corporation. This not to prevent legislature from 
 providing that convicts may work for and their products be disposed 
 of to state or political division thereof, or for or to any public insti- 
 tution owned or controlled by state or political division. (N.Y. 
 
 Ill 29.) 
 
 May be used on public works or highways or other labor for public 
 benefit, and may be farmed out as prescribed by law (except in case 
 of murder, manslaughter, rape, attempt to commit rape or arson) ; 
 but convict farmed out punishable only by state officer and under
 
 Index Digest 103 
 
 CONVICT LABOR (Cont'd) 
 
 disciplinary control of penitentiary board or state officers. (NX. 
 
 XI 1.) 
 
 Legislature to provide for occupation and employment of prisoner-;. No 
 person under sentence in penal institution or reformatory to be 
 required or allowed to work at trade if his work or product or profit 
 thereof is to be sold, farmed out, contracted or given away; goods 
 made by persons under sentence to penal institutions or reformatory 
 outside of state and such goods made within the state (excepting those 
 disposed of to state or political subdivision or public institution owned 
 or under control of state or political subdivision) not to be sold to 
 .•late, unless conspicuously marked "Prison Made". This provision 
 not to prevent passage of laws providing that convicts may work for 
 and products of labor be disposed of to state or political subdivision 
 or to public institution owned or under control of state or political 
 
 subdivision. (Ohio II 41.) 
 
 Legislature may provide for use of convict and punitive labor for build- 
 ing and maintaining public roads. Contracting of convict labor pro- 
 hibited. (Okla. XVI 1, XXII I 2.) 
 
 General trial court and all courts inferior thereto and municipal courts 
 may impose sentence of labor upon highways, streets and other public 
 work, upon person by them sentenced to imprisonment. (S.C. V 33.) 
 
 Convict sentenced to hard labor by any court may be employed on public 
 works of state or of counties and on public highways. If convicts hired 
 or farmed out as may be provided by law, maintenance, support, 
 medical attendance and discipline to be under direction of officers 
 detailed by authorities of penitentiary. (S.C. XII 6, 0.) 
 
 Legislature to make provision by which persons convicted of misde- 
 meanors and convicted to county jails in default of payment of fines 
 and costs shall be required to discharge such fines and cost by manual 
 labor under regulations to be prescribed by law. Legislature to pro- 
 vide for laying out and working public roads and building bridges, 
 and for utilizing fines, forfeitures and convict labor to all these pur- 
 poses. (Tex. XVI 3, 24.) 
 
 Legislature to prohibit the contracting of convict labor and the labor of 
 convicts outside prison grounds except on public Works under direct 
 control of state. (Utah XVI 3.) 
 
 Means ought to be provided for punishment of convicts by hard labor 
 whereby they shall be employed for benefit of public or for reparation of 
 injuries done to private persons and all persons at proper times ought 
 to be permitted to see them at their labor. (Vt. II (SO.) 
 
 After January 1, 1S90, labor of convicts of state not to be let out by 
 contract, and legislature to provide for working of convicts for benefit 
 
 of state. (Wash. II 29.) 
 
 COOLIE LABOR, See Labor. 
 
 CO-OPERATIVE ASSOCIATIONS 
 
 Legislature to provide for organization of mutual co-operative associa- 
 tions or corporations. (Wyo. X Corporations 10.)
 
 164 State Constitutions 
 
 CORONERS 
 
 Under tliis heading are digested those pruvisioiis which specifically refer 
 to this officer. For provisio7is relating to all officers and hence to this 
 one, See title Public Officers, and title Counties — Officers. 
 
 Appointment 
 
 Governor to appoint -with consent of council. (Me. V Pt. 1, 8.) 
 
 May be appointed in each county and in Baltimore in the manner 
 and for the purpose prescribed by law. (Md. IV Pt. VII 45.) 
 
 To be nominated and appointed by governor with consent of council. 
 Nomination to be made by governor at least seven days prior to 
 appointment. (Mass. Pt. II Ch. II Sec. I 9.) 
 
 Governor to appoint in new county to hold until next succeeding 
 general election and until successor qualifies. (Mo. IX 10.) 
 
 To be nominated and appointed by governor and council ; nomination 
 to be made at least three days before appointment; no appoint- 
 ment to be made unless majority of council agree; governor and 
 council to have negative on each other both in nominations and 
 appointments. Nominations and appointments to be signed by 
 governor and council, and negative to be signed by governor or 
 
 council. (N.H. II 45, 46.) 
 
 By clerk of superior court " when there is no coroner in a county ". 
 
 (Special cases.) (N.C. IV 24.) 
 
 To be appointed by county court. (W.Va. IX 2.) 
 
 Bond 
 
 Before' entering on duties and as often as may be deemed proper to 
 
 give bond and security prescribed by law. (Ky. 103.) 
 To give security before entering upon office in amount and manner 
 
 prescribed by law. (Mo. IX 10.) 
 Commission 
 
 To be commissioned by governor. (Ark. VII 46, 4S; Del. Ill 22.) 
 
 Compensation ' 
 
 To be paid such salary or compensation either from fees, perquisites 
 and emoluments of his office or from general county fund, as pro- 
 vided by law. This section to govern, unless otherwise expressly 
 provided by constitution. (Colo. XIV 8.) 
 To receive only salary fixed by law, in no case to exceed " lawful 
 compensation " of circuit court judges of county and payable out 
 of fees of his office actually collected. (Cook county.) (111. X 9.) 
 Four thousand eight hundred dollars per year, to be paid by the 
 
 city of New Orleans. (Parish of Orleans.) (La. 310.) 
 Fees, salaries and emoluments to be provided for by law. (N.C. 
 
 IV 18.) 
 Creation of Office 
 
 To be one of county officers. (Pa. XIV 1.) 
 Deputies and Assistants 
 
 In Cook county number of deputies and assistants to be determined 
 by rule of circuit court and entered of record and compensation 
 to be fixed by county board. (111. X 9.)
 
 Index Dkjkst 165 
 
 CORONERS (Cont'd) 
 
 Deputies and Assistants (Cont'd) 
 
 Coroner shall appoint two assistants having the same qualifications 
 as himself. One shall receive salary of $2,600 and shall l»e a 
 resident of that portion of the city of New Orleans lying on the 
 left bank of the Mississippi river; the other shall receive annual 
 salary of $600, shall be a resident of the fifth district of the citj 
 of New Orleans and shall have his rjiffice in that district. The 
 salaries shall be paid by the city (if New Orleans. ( Parish ol 
 
 Orleans.) (La. 310, 311.) 
 Election 
 
 To be elected by qualified electors of each county. (Ark. VII 46.) 
 To be elected by qualified electors of each county at general election. 
 
 (Del. Ill 22.) 
 Legislature to provide by general and uniform laws for election in 
 
 each county. (Ida. XVIII 6.) 
 To be elected in each county at general election Tuesday after first 
 
 .Monday in November (1884). (111. X S.) 
 Voters of each county to elect at time of holding general election. 
 
 (Ind. VI 2; Ore. VI 6.) 
 To be elected in each county. (Ky. 99.) 
 
 Qualified voters of each parish, except Orleans, to elect at general 
 
 election. (La. 119.) 
 One coroner for the parish of Orleans to be elected by the qualified 
 
 electors. (La. 310.) 
 To be elected in each county in manner provided by law for each 
 
 county. (Miss. V 135, 138.) 
 To be elected by qualified voters of each county first Tuesday follow- 
 ing first Monday, November (1908) and every four years there- 
 after. (Mo. IX 10.) 
 Elected by "people" of county at election for legislature. (N.J. 
 
 VII 2-7.) 
 Qualified voters of each county to elect " as prescribed for members 
 
 of legislature". (N.C. IV 24.) 
 To be elected by the qualified voters of each county. (S.C. V 30.) 
 To be elected in each organized county. (S.D. IX 5.) 
 To be elected in each county by the justices of the peace. (Tenn. 
 
 VII 1.) 
 To be elected by county electors. (Wis. VI 4.) 
 Fees 
 
 Fees, perquisites and emoluments in excess of salary authorized to 
 be paid therefrom, to be paid into the county treasury. (Cook 
 
 county.) (ill. X 9.) 
 Legislature to provide general fee bill or bill of costs regulating fees 
 and compensation in civil matters. (La. 129.) 
 Indictment 
 
 Subject to indictment for misfeasance or malfeasance in office or 
 wilful neglect of duties in manner prescribed by law; but officer 
 to have right to appeal to court of appeals. Conviction renders 
 
 office vacant. ( Ky. 227.)
 
 1G6 State Constitutions 
 
 CORONERS (Cont'd) 
 
 Powers and Duties 
 
 Prescribed by law. (Ark. VII 40; Md. IV Pt. \U 45.) 
 
 To be conservator of peace in county in which resident. (Del. 
 
 XV 1.) 
 
 Coroner to act as sheriff when sheriff is party interested or during 
 vacancy in that office (except in specified parish) but not to 
 serve as tax collector while so acting; to be ex-officio "parish 
 
 physician". (La. 119, 121.) 
 
 To be fixed by law; coroner to be ex-officio city physician of the city 
 of New Orleans. (Parish of Orleans.) (La. 310.) 
 Qualifications and Disqualifications 
 
 Coroner ineligible to seat in legislature. (Ark. V 7.) 
 
 Ineligible to office of secretary of state, attorney-general, insurance 
 commissioner, treasurer, auditor, prothonotary, clerk of the peace, 
 register of wills, sheriff, recorder. (Del. Ill 11.) 
 
 Twenty-four years of age at time of election; citizen of Kentucky; 
 resident of state two years and in county or district in which he 
 is candidate one year next preceding the election. (Ky. 100.) 
 
 To be doctor of medicine but this not to apply to parishes in which 
 there is no such person who will accept the office. (La. 121.) 
 
 Shall be practicing physician of the city of New Orleans and a 
 graduate of the medical department of some university of recog- 
 nized standard. (Parish of Orleans.) (La. 310.) 
 
 If in default for moneys collected by virtue of his office to be " dis- 
 qualified for the office a second time ". ( B.C. V 30. ) 
 Kehoval 
 
 May be removed by circuit or other court of like jurisdiction or 
 criminal court of county in which such officer holds office as pre- 
 scribed by law, provided that right to jury trial and appeal be 
 secured. Grounds for removal: "wilful neglect of duty, cor- 
 ruption in office, incompetency, or intemperance in the use of 
 intoxicating liquors or narcotics to such an extent, in view of the 
 dignity of the office and the importance of its duties, as unfits the 
 officer for the discharge of such duties, or for any offense involving 
 moral turpitude while in office or committed under color thereof 
 or connected therewith ". Penalty not to extend beyond removal 
 and disqualification from holding office under authority of state 
 for the term for which such officer was elected or appointed, but 
 accused to be liable to indictment or punishment as prescribed by 
 
 law. (Ala. VII 173, 175, 176.) 
 
 By indictment and prosecution for misdemeanor or malfeasance in 
 office or wilful neglect in discharge of official duties, as prescribed 
 by law; conviction works forfeiture; right of appeal to highest 
 
 court. (Ky. 227.) 
 
 District court of domicile of officer (in parish of Orleans, civil dis- 
 trict court) may remove for following causes: high crimes and 
 misdemeanors, non-feasance or malfeasance in office, incompetency, 
 corruption, favoritism, extortion or oppression in office, or gross 
 misconduct or habitual drunkenness. District attorney may in-
 
 Index Digest 167 
 
 CORONERS {Cont'd) 
 Removal (Cont'd) 
 
 stitute suit and shall institute Buch suit on written request 25 
 resident citizens and taxpayers who may enforce request by man- 
 damus; all parties, including petitioning taxpayers, authorized to 
 appeal; if officer acquitted petitioning citizens liable to cost; de- 
 tailed provisions for preference on appeal; pending suit not to 
 operate as suspension of accused officer. (La. 217, 222.) 
 May be removed for malfeasance in office. (Mo. IX 10.) 
 For malfeasance or neglect of duty in manner prescribed by law. 
 
 (Tenn. VII 1:) 
 Governor may remove on giving copy of charges and opportunity to 
 
 be heard. (Wis. VI 4.) 
 
 Residence 
 
 Residence to be in county. (S.C. V 30.) 
 
 Rotation in Office 
 
 " Eligible only four years in any one period ". A person elected or 
 appointed to till vacancy not eligible for succeeding term. (Mo. 
 
 IX 10, 11.) 
 Three years to elapse between terms. (N.J. VII Sec. II 7.) 
 Xot to be eligible for more than four years in succession. (S.D. 
 
 IX 5.) 
 
 Term 
 
 Two years. (Ark. VII 46; Del. Ill 22; Ida. XVIII 6; Ind. VI 2; 
 
 Ore. VI 6; S.D. IX 5; Tenn. VII 1; Wis. VI 4.) 
 To commence on first Monday of December after election, and to 
 
 continue for four years and until successor qualifies. (111. X 8.) 
 To commence January 1st next after election and to continue for 
 
 four years, and until successor qualities. (Ky. 99.) 
 Four years. (Parish of Orleans.) (La. 119, 310.) 
 Term four years and unless removed until successors duly qualified 
 
 to enter on discharge of their duties. (Miss. V 135, 136.) 
 Four years and until successor qualifies. (Mo. IX 10; S.C. V 30.) 
 Two years and until successor qualifies. (Mont. XVI 5; N.C. IV 
 
 24, 25.) 
 Three years. (X.J. VII Sec. II 7.) 
 
 Vacancies 
 
 To be filled by special election but in case of vacancy occurring six 
 months before next general election governor to fill by appoint- 
 ment. (Ark. VII 50.) 
 Conviction for misfeasance or malfeasance in office or wilful neglect 
 of duties in manner prescribed by law renders office vacant. ( Ky. 
 
 227.)' 
 Vacancy to be filled for balance of term by county court. (Mo. 
 
 IX 11.) 
 Failure to qualify renders office vacant. (X.C. IV 25.) 
 County commissioners to fill for unexpired iterm. (X.C. IV 24.) 
 Filled by appointment and appointee to hold for unexpired portion 
 of term and until successor qualifies. (Wis. VI 4.)
 
 168 State Constitutions 
 
 CORPORAL PUNISHMENT, See Crimes — Punishment. 
 CORPORATION COURTS, See Courts — Municipal Courts. 
 
 CORPORATIONS 
 
 For a particular class of corporations, Sec the specific title. 
 Acceptance of State Constitution 
 
 See also below, this title, Regulation. 
 
 Acting under a general or special law for its benefit a conclusive 
 presumption of accepting provisions of constitution and of holding 
 thereafter thereunder. (Miss. VII 179; S.C. IX 17.) 
 
 Acceptance of amendment to charter or of special law operates as a 
 novation and brings corporation under constitution. (Ga. IV 
 
 Sec. II 3.) 
 
 Amendment of its charter by existing corporation ipso facto makes 
 it subject to constitution. (La. 262.) 
 
 Conclusively presumed from accepting or effecting amendment or ex- 
 tension of charter. (Va. XII 158.) 
 
 Existing charters under which bona fide organization has not taken 
 place at time of adoption of constitution shall be subject to cor- 
 poration article of constitution. (Miss. VII 180.) 
 
 Filing of acceptance in accordance with state laws a condition prece- 
 dent to doing business in state for corporations organized under 
 the territory or for foreign corporations. (Wyo. X Corporations 
 
 &.) 
 
 Filing of acceptance, under corporate seal and attested, a condition 
 precedent to amendment or renewal of charter of existing corpora- 
 tions. (Del. IX 2.) 
 
 Filing of acceptance with corporation commission prerequisite to 
 benefit of existing corporation by any future legislation or to the 
 amendment or extension of its charter. (X.M. XI 12.) 
 
 Filing of acceptance with secretary of state prerequisite to benefit of 
 existing corporation by any future legislation. (Ky. 190; Utah 
 
 XII 2.) 
 
 Legislature not to alter or amend charter or pass general or special 
 law for benefit of existing corporation, except upon condition that 
 it hold charter thereafter subject to constitution. (Md. Ill 48.) 
 
 Legislature not to remit forfeiture by special law unless corporation 
 agrees to hold subject to constitution and laws passed thereunder. 
 
 (Va. IV 63.) 
 
 Legislature not to remit forfeiture of charter, or alter, or amend 
 same, or pass general or special law for benefit of corporation, 
 other than in execution of trust created by law or by contract, 
 except upon condition that it thereafter hold charter subject to 
 
 constitution. (Ala. XII 231.) 
 
 Legislature not to remit forfeiture of charter, or alter or amend 
 same, or pass general or special law for benefit of existing corpora- 
 tion, except under condition that it thereafter hold charter subject 
 to constitution. (Ark. XVII 8; Ga. IV Sec. II 3; Miss. VII 179; 
 X.D. VII 133; Pa. XVI 2; S.C. IX 17; S.D. XVII 3.)
 
 ixni-.x Digest t'69 
 
 :ORPORATIONS [Cont'd) 
 
 ACCEPTANCE OF Si All; CONSTITUTION (Cont'd) 
 
 Legislature not to remit forfeiture of charter, or renew, alter or 
 
 amend same, or pass general ur special law for benefit of existing 
 
 corporation except upon condition that it thereafter hold charter 
 
 subject to constitution. (La. 2i>2. ' 
 
 Agents to Accept Process, See below, this title, Service of Pbocess on. 
 
 Alien Corporations 
 
 See also below, this title, Foreign Corporations. 
 See also Aliens. 
 
 If majority of stock owned by aliens, corporation deemed alien and 
 may not own lands except under mortgage, where acquired in good 
 faith for debts, certain mining lands and lands to develop certain 
 mining products. (Wash. II 33.) 
 Legislature shall enact laws limiting number of acres of land which 
 corporation controlled by aliens may own in the state. (S.C. Ill 
 
 35.) 
 Armed Men, See Police. 
 
 Articles of Incorporation, See below, this tiile, Charters. 
 Banks, See Banks. 
 Black Lists, See Labor. 
 Bonding Companies, See Surety Companies. 
 Bonds 
 
 See also below, this title, Indebtedness. 
 Definition 
 
 Term " bond ", shall mean all certificates or written evidences of 
 indebtedness issued by a corporation and secured by mortgage 
 or trust deed. (Okla. IX 34; Va. XII 153.) 
 Increase of Bonded Indebtedness 
 
 Required to be under general law, with consent of majority of 
 stock, first obtained at meeting held after 60 days' notice, as 
 provided by law. (Ark. XII 8; Cal. XII 11; Mo. XII 8.) 
 Required to be under general law. with consent of majority of 
 stock, first obtained at meeting held after 30 days' notice, as 
 provided by law. (Ala. XII 234; Okla. IX 39.) 
 Investment of Trust Funds 
 
 Legislature not to authorize investment of trust funds by execu- 
 tors, administrators, guardians or trustees, in private bonds; 
 ( Colo. V 36 ; Mont. V 37 ; YVyo. Ill 38. ) 
 Legislature not to authorize investment of trust funds by execu- 
 tors, administrators, guardians or trustees, in private bonds; 
 anv such act avoided, saving previous investments. (Ala. IV 
 
 74; Pa. Ill 22.) 
 Issue 
 
 Legislature to control all issues of bonds by general laws. (Va. 
 
 XII 167.) 
 Only for labor done, or money or property actually received. 
 
 (Ark. XII S; La. 266.) 
 Only for labor done, or money or property actually received or 
 
 subscribed. (S.C. IX 10.)
 
 170 State Constitutions 
 
 CORPORATIONS (Cont'd) 
 Bonds (Cont'd) 
 Issue (Cont'd) 
 
 Only for labor done, services performed, or money or property 
 
 actually received. (Colo. XV 9; Ida. XI 9; Mont. XV 10.) 
 Only for money, labor done or property actually received. (Ala. 
 
 XII 234.) 
 Only for money, labor done, or money or property actually re- 
 ceived. (X.D. VII 138; Pa. XVI 7; S.D. XVII 8.) 
 Only for money paid, labor done or property actually received 
 and applied to corporate purposes and not valued more highly 
 than real market price. ( Ky. 193.) 
 Only for money paid, labor done or property actually received. 
 
 (Cal. XII 11; Mo. XII 8; Tex. XII 6.) 
 Only for money or property received or labor done. (Ariz. XIV 
 
 «; Utah XII 5; Wash. XII 6.) 
 
 Plan of issue, under oath, must first be filed with corporation 
 
 commission; if issue for services or property, nature and 
 
 valuation of same to be stated; other requirements may be 
 
 made by law; penalties to be provided. (Va. XII 167.) 
 
 Subject at all times to " full visitorial and inquisitorial powers " 
 
 of state. (Okla. II 28.) 
 Books 
 
 To be kept at office in state for " public inspection ", containing 
 amount subscribed, names and amounts of owners, transfers, with 
 dates, amount of assets and liabilities, and names and residences of 
 
 officers. (Mo. XII 15.) 
 To be kept at office in state for inspection " by every person having 
 an interest therein " and by legislative committees, containing 
 names and amounts of subscribers and stockholders, amount of 
 stock paid in and by whom; transfers, amount of assets and lia- 
 bilities'and names and residences of officers; religious, educational 
 and benevolent corporations excepted. (Cal. XII 14.) 
 Bridge Companies, See Bridges. 
 
 Building and Loan Associations, See Building and Loan Associations. 
 Canal Companies, See Canals. 
 Capitalization, See below, this title, Stock. 
 Car Companies, See Car Companies. 
 Charitable, See Charities. 
 Charters 
 
 Definition 
 
 Means charter of incorporation by or under which any corpora- 
 tion is formed. (Okla. IX 1; Va. XII 153.) 
 Issue 
 
 Authority to create corporations or amend or extend charters 
 
 not to be vested in tribunal or officer except to ascertain whether 
 
 requirements have been met. ( Va. XIII 154.) 
 
 Grant of franchise or license to a corporation to last longer than 
 
 one year not permitted as an " emergency " measure. (Okla. 
 
 V 58.)
 
 lxi)i:x Digest . 17 1 
 
 CORPORATIONS (Cont'd) 
 Charters (Cont'd) 
 Issue (Cont'd) 
 
 Legislature has no power to grant corporate powers and privileges 
 to private companies but shall prescribe manner in which such 
 powers shall be exercised by courts; judges of superior court; 
 may be given this authority in vacation; but corporate powers 
 and privileges to banking, insurance, railroad, canal, naviga- 
 tion, express and telegraph companies issued and granted by 
 secretary of state or, where he is disqualified, by other person 
 named by general law. (Ga. Ill Sec. VII IS.) 
 
 Permitted to be issued by courts until April 1, 1903, as provided 
 by existing laws, unless creation of corporations sooner pro- 
 vided for by law. (Va. Sched. 13.) 
 
 Solely by corporation commission. (Ariz. XV 5.) 
 
 Through corporation commission. (X.M. XI 6; Va. XII 156 a.) 
 
 Filing of Articles of Incorporation 
 
 Charters to be filed in chancery clerk's office of county where 
 principal office or place of business is located. (Miss. VII 
 
 189.) 
 Certificates of extension to be filed in same manner as original 
 
 articles. (Cal. XII 7.) 
 With corporation commission one prerequisite to doing business. 
 
 (Ariz. XIV 8.) 
 With secretary of state one prerequisite to doing business. (Utah 
 
 XII 9.) 
 Of foreign corporations, See below, this title, Foreiox Corpora- 
 tions. 
 
 Conditions 
 
 Acting under a general or special law a conclusive presumption 
 
 of surrender of exemption from taxation. (Md. Ill 48.) 
 Surrender of any exemption from taxation or from repeal or 
 modification of charter made conditions of any law for benefit 
 
 or relief. (Md. Ill 48.) 
 Surrender of any tax exemption or non-repealable feature of 
 charter and of rights and privileges not conferred on similar 
 corporations conclusively presumed from accepting or eliciting 
 amendment or extension of charter. (Va. XII 158.) 
 Acceptance of state constitution, See above, this title, Accept- 
 ance of State Constitution. 
 Amendment, See below, this subdivision, FORFEITURE, Revoca- 
 tion oh Amendment. 
 
 Scope of Laws 
 
 Xo law hereafter enacted to create, renew or extend charter of 
 mure than one corporation. (Pa. XVI 10; S.l). XVII 9.) 
 
 Objects 
 
 Only one general line of business permitted, which is to be 
 stated in charter. (Wyo. X Corporations G.)
 
 J72 State Constitution 
 
 • 
 
 CORPORATIONS (Cont'd) 
 Charters (Cont'd) 
 Fees 
 
 See also below, this title, Fees. 
 
 Corporations at or before filing articles of incorporation must 
 pay $50 for first $50,000 or less of capital stock and $5 for 
 every additional $10,000; increase, $5 for every $10,000; fur- 
 ther taxes not forbidden; benevolent, religious, educational and 
 scientific corporations excepted. (Mo. X 21.) 
 Extended corporations to pay fees for extension as on incorjjora- 
 
 tion and all annual and other fees. (Cal. XII 7.) 
 Legislature to provide for fee on grant, amendment or extension 
 
 of charter. (Ariz. XIV 17.) 
 Provision to be made by general law for fee on grant, amendment 
 or extension of charter. (Va. XII 157.) 
 Prohibition of Special Laws 
 
 Charters not to be amended, renewed, extended or explained by 
 
 special or local laws. (La. 4S; Minn. IV 33; Mo. IV 53.) 
 
 Charters not to be amended, renewed or extended by special acts. 
 
 (Pa. Ill 7; Va. IV 63.) 
 Charters not to be amended, renewed or revived by special acts. 
 
 (Del. IX 1.) 
 Charters not to be granted, amended or extended by special acts. 
 
 (Va. XII 154.) 
 Charter not to be granted by special act. (Ala. IV 103.) 
 Charters not to be granted, changed or amended by special acts. 
 
 (X.D. VII 131.) 
 
 Charters not to be granted, extended, changed or amended by 
 
 special acts. (Ida. Ill 19, XI 2; Mont. XV 2; S.C. IX 2; 
 
 S.D. XVII 1.) 
 Charters not to be granted or amended by special acts. (Ky. 
 
 59.*) 
 Charter not to be extended, changed or amended by special acts. 
 
 (Mo. XII 2.) 
 Constitutional provision against local or special acts not to be 
 construed as forbidding general laws. (Minn. IV 33.) 
 Duration, See below, this title, Duration. 
 Surrender 
 
 Provision to be made by general laws- for voluntary surrender 
 
 of charters. (Va. XII 154.) 
 Unused Charters 
 
 Charters granted after this constitution, under which no organi- 
 zation lias taken place and business commenced within two 
 years of grant, have no validity. (Miss. VII 180.) 
 Existing charters or grants of special or exclusive privileges 
 under which no bona fide organization and commencement of 
 business at time of adoption of constitution have no validity. 
 (Ark. XII 1; Cal. XII 6; Colo. XV 1 ; Ida. XT 1 ; Ky. 191 ; Mo. 
 XII 1; Mont. XV 1; X.D. VII 132; Pa. XVI 1; S.D. XVII 2; 
 I tab XII 2; Wash. XII 2.)
 
 I M)i:.\ I )m;i,st 1 7-°> 
 
 CORPORATIONS (Cont'd) 
 Charters {Cont'd) 
 
 Unused Charters {Cont'd) 
 
 Existing charters under which hmm fide organization has ao1 
 taken place and business commenced in good faith one year 
 after this constitution have no validity. (Miss. VII 180.) 
 Existing charters under which bona fide organization lias not 
 taken place and business commenced in good faith within six 
 months after this constitution have no validity. (Ariz. XIV 3.) 
 Existing charters under which bona fide organization has not 
 taken place and business commenced in good faith within 
 12 months after this constitution have no validity. (Ala. 
 
 XII 230.) 
 Existing charters, franchises, special or unusual privileges under 
 which bona fide organization has not taken place and same 
 been bona fide maintained until this constitution have no 
 validity. (Wyo. X Corporations 3.) 
 Existing charters under which bona, fide organization has not 
 taken place at time of adoption of constitution shall be sub- 
 ject to corporation article of constitution. (Miss. VII ISO.) 
 Same; adds " or grants of corporate franchise '* after " charters ". 
 
 (S.C. IX 10.) 
 
 Existing charters under which organization has not taken place 
 
 or which shall not have been in operation within two years 
 
 after this constitution have no validity or effect; proviso. 
 
 (W.Va. XI 3.) 
 
 Existing charters under which organization has not taken place 
 
 or which were not in operation within 60 days after this 
 
 constitution have no validity or effect. (Nebr. Xlb 6.) 
 
 Existing charters under which organization has not taken place 
 
 or which were not in operation within Hi days after this 
 
 constitution have no validity or effect. (111. XI 2.) 
 
 Legislature by general law to provide for forfeiture of charters 
 
 for non-user. (Va. XII 154.) 
 Forfeiture, Revocation or Amendment 
 Right of State 
 
 See also below, this title, Regulation — Repeal or Amend 
 
 mknt of Caws. 
 
 All charters and amendments of charters, existing and 
 
 revocable or hereafter granted, may be repealed by special 
 
 act, (Va. XII 154.) 
 All charters, including charters prior to constitution. 
 granted subject to repeal or modification, may be altered 
 or repealed; banks excepted. (Md. Ill 48.) 
 All rights, privileges or franchises conferred under laws foi 
 formation of, or conferring rights, privileges and fran- 
 chises upon, corporations, may he repealed. (Mich. Xll 1.) 
 All charters subject to amendment, alteration or repeal 
 
 under general laws. (Ala. XII 229.) 
 All charters subject to right of state to alter, amend o» 
 repeal. (La. 202; S.C. IX 2.)
 
 174 State Constitutions 
 
 CORPORATIONS (Cont'd) 
 Charters (Cont'd) 
 
 Forfeiture, Revocation or Amendment (Cont'd) 
 Right of State (Cont'd) 
 
 Legislature has power to alter, amend or revoke charters now 
 revocable or hereafter created, if injurious to citizens, 
 provided no injustice done stockholders. (Ala. XII 238.) 
 Legislature has power to alter, amend or repeal charters, 
 provided no injustice done stockholders. (Miss. VII 178.) 
 Legislature has power to alter, revoke or annul existing 
 revocable charters, provided no injustice done corporators. 
 
 (Ida. XI 3.) 
 Legislature may alter, revoke or annul charters injurious 
 
 to citizens of state. (Mont. XV 3.) 
 Legislature may amend, renew or revive charters only under 
 general laws passed by a vote of two-thirds of each house. 
 
 (Del. IX 1.) 
 
 Legislature to provide by general laws for changing or 
 
 amending charters, which laws are subject to repeal or 
 
 alteration. (S.C. IX 2.) 
 
 No grant of special privilege or immunities to be revoked 
 
 except as not to work injustice to corporators or creditors. 
 
 (Ga. I Sec. Ill 3.) 
 Amending existing cbartcr to give special or exclusive privi- 
 lege by local or special law, forbidden. (Wyo. Ill 27.) 
 Extension and amendment of charters to be provided for by 
 
 general laws. (Va. XII 154.) 
 Legislature by general law to provide for forfeiture for 
 
 non-user or misuser of charter. (Va. XII 154.) 
 Legislature has power to alter, revoke or annul charter now 
 revocable or hereafter created, if injurious to citizens, 
 in such manner " that mi injustice be done to corporators ". 
 (Ark. XII 6; Colo. XV 3; Okla. IX 47; Pa. XVI 10; 
 
 S.D. XVII 9.) 
 Legislature to provide by general law for revocation or for- 
 feiture for abuse, misuse or non-use of corporate powers, 
 privileges or franchises. (Del. IX 1.) 
 Legislature to provide by general laws for revocation or 
 forfeiture of charters for abuse or misuse or when corpora- 
 tion detrimental to state or its citizens. (Ky. 205.) 
 Causes for Forfeiture 
 
 Attorney -general, for sufficient cause, to seek judicial for- 
 feiture of charters. (Tex. IV 22.) 
 Failure to pay registration fee for two successive years or 
 lo make annual report within 90 days after such two 
 years works revocation of charter. (Va. XII 157.) 
 Formation of monopoly or trust makes corporation liable to 
 
 forfeiture of charter. (La. 190.) 
 Formation of monopoly or trust to be prevented by legis- 
 lative enactment to the extent of forfeiture of property 
 and franchise. (Ida. XI 18; Mont. XV 20.)
 
 Indkx Digest 175 
 
 ORPORATIONS iConfc!) 
 Charters [Cont'd) 
 
 Forfeiture, Revocation or Amendment (Cont'd) 
 Causes for Forfeiture (Cont'd) 
 
 Issue of fictitious stock forfeits charter. (La. 266.) 
 Legislature may declare forfeiture of franchise for forma- 
 tion of monopoly or trust. (Ariz. XIV 15.) 
 Legislature to provide by general law for forfeiture for non- 
 user or misuser of charter. (Va. XII 154.) 
 
 Remission of Forfeiture 
 
 Legislature not to remit forfeiture of franchise or charter. 
 
 (Utah XII .3; Wash. XII 3.) 
 Legislature not to remit forfeiture of franchise or charter 
 
 of " quasi-public corporation". (CaJL XII 7.) 
 Legislature not to remit forfeiture or alter or amend for- 
 feited charter or pass any law for benefit of corporation 
 
 concerned. (Mo. XII 3.) 
 Acceptance of state constitution as a condition, See above, 
 this title, Acceptance of State Constitution. 
 
 Effect of New Constitution 
 
 Constitution does not affect royal charters granted before Octo- 
 ber 14, 1775. or charters granted by state since that date. 
 
 (X.Y. I 17.) 
 Eights, privileges, immunities and estates, except as provided 
 in constitution, not altered by same. (Del. IX 4.) 
 
 Classification 
 
 Corporations may be classified. (Ohio XIII 2.) 
 Combinations or Pools, See Monopolies and Trusts. 
 Common Carriers, See Common Carriers. 
 Consolidation 
 
 Domestic corporation not to become foreign corporation by consolida- 
 tion with foreign corporation but courts to retain jurisdiction 
 over corporate property within state limits as if no consolidation 
 had taken place. (Colo. XV 14; Ida. XI 14; Ky. 200; Mont. 
 
 XV 15.) 
 Holding companies, control of stock, etc., to accomplish things for- 
 bidden by constitution, forbidden. (S.C. IX 19.) 
 
 Control, See below, this title, Regulation. 
 Coolie Labor, See Labor. 
 
 Co-operative, See below, this title, Mutual and Co-operative Corpora- 
 tions. 
 Corporation Commissions, See Public .Service Commissions. 
 Corporators, Sec below, thus title, Stockholders. 
 Creation 
 
 See also above, this title, Charters. 
 
 Acceptance of State Constitution, See above, this title, Acceptance 
 
 of State Constitution. 
 
 Extension or Renewal, See beloiv, this title, Duration.
 
 17<'» State Constitutions 
 
 CORPORATIONS (Cont'd) 
 Creation [Cont'd) 
 
 General Laws, Requirement of 
 
 For exceptions, See below, this subdivision, SPECIAL Laws Pro- 
 
 HIBITED. 
 
 Corporations shall be fqrmed under general laws. (Ariz. XIV 
 2; Ark. XII 6; Cal. XII 1 ; Del. IX 1; Ind. XI 13; Kan. 
 XII 1; Me. IV Pt. Ill 14; Md. Ill 48; Mich. XII 1; Miss. VII 
 17S; Xev. VIII 1; X.Y. VIII 1; N.C. VIII 1; Ohio XIII 2; 
 Ore. XI 2; Tex. XII 1; Utah XII 1; Wash. XII 1.) 
 
 Corporations without banking powers or privileges may be 
 formed under general laws. (Wis. XI 1.) 
 
 Legislature may provide for creation and control of corporations 
 by general laws. (R.I. Amend. IX.) 
 
 Legislature, .shall pass general laws for incorporating "useful 
 companies or associations". (I-Ta. HI 35.) 
 
 Legislature to pass general laws for organization of corporations 
 and attainment of corporate powers. (Ala. XII 229; N.J. IV 
 
 Sec. VII 11; N.D. VII 131.) 
 
 Legislature to provide for organization of all corporations by 
 general laws. " except as hereinafter provided ''. (Iowa VIII 1.) 
 
 Legislature to provide for organization of corporations by gen- 
 eral laws '" uniform as to the class to which they relate ". 
 
 (W.Va. XI 1.) 
 
 Legislature to provide general laws for organization of corpora- 
 tions. (Coloi XV 2; Ida. XI 2; lit XT 1; Miss. IV S7 ; 
 Nebr. Xlb 1; X.M. XI 13: S.C. IX 2; S.I). XVII 1; Tenn. 
 XI 8; Vt. II 65; Va. XIT 154; Wyo. X Corporations 1.) 
 
 Passage of general incorporation law requires two-thirds vote of 
 
 each house. (Del. IX 1.) 
 
 Private corporation not to be created and foreign corporation 
 not to'be licensed except by general law. (Okla. IX 38.) 
 
 Prohibition of special acts not to be considered as forbidding 
 
 general laws. (Minn. IV 33.) 
 
 Provision for creating private corporations to be made under 
 general laws providing for adequate protection of public and 
 individual stockholders. (La. 275; Tex. XII 2.) 
 Lack of Legal Organization 
 
 NO persons acting as corporation under laws of state permitted 
 to set up or rely upon want of legal organization as defense to 
 action brought against them as corporation, and no person 
 sued on contract made with such corporation or sued for 
 injury done to its property or wrong done to its interests per- 
 mitted to rely upon such want of legal organisation in his 
 
 dl fenae; (Ariz. XIV 13.) 
 Legislature, Prohibition on 
 
 Legislature has no power to grant corporate powers and privi- 
 leges to private companies but shall prescribe manner in 
 which such powers shall be exercised by the courts; judges of 
 t superior courts may be given this authority in vacation; but
 
 [nixex Digest 177 
 
 CORPORATIONS {Cont'd) 
 Cbeatioh (Cont'd) 
 
 Legislature, Prohibition on [Gonttd) 
 
 corporate powers and privileges to banking, insurance, rail- 
 road; canal. na\ igat ion, express and telegraph companies issued 
 and granted by secretarj of state or, where he is disqualified, 
 by person named by general law. (<3a. Ill Sec. VII 18.) 
 Repeal or Amendment of Laws, See below, this title, Regttlation. 
 Special Laws, Manner of Enactment 
 
 Alter a bill is introduced, it must be continued until after next 
 election of members of legislature and public notice of pend 
 ency. as prescribed by law. give'n; corporations fur religious, 
 literary or charitable purposes or military or fire companies 
 
 excepted. (R.I. IV 17.) 
 Special Laws, Requirement 
 
 Corporation to exercise, eminent domain or to acquire franchises 
 in streets and highways of towns and cities must lie created 
 by special act upon petition for same and after prescribed 
 notice of pendency. (R.I. Amend. IX.) 
 Special Laws Prohibited 
 In General 
 
 Corporate powers not to lie conferred by special acts. (Ala. 
 XII 229: Ark. XII 2: Kan. XII 1; X.J. IV Sec. VII 11; 
 
 Ohio XIII 1.) 
 Corporate powers or privileges not to lie granted by special 
 
 acts. (Wash. II 28: Wis. IV 31.) 
 Corporate rights, powers and privileges not to lie given by 
 
 special act. (Va. XII 1.540 
 Corporations not to be created by or have rights, privileges 
 
 or franchises conferred by special act. (Mich. XII 1.) 
 Corporations not to be created by special laws "except as 
 
 hereinafter provided". (Iowa VIII 1.) 
 Corporations not to be created by special acts. (Ariz. XIV 
 2; Cal. XII 1: Colo. XV 2: Del. IX 1-. Fla, III 25; Ida. 
 
 III 10; 111. XI 1: Ind. XT 13: La. 4S; Md. Ill 4S ; Minn. 
 
 IV 33. X 2; Mo. IV 53, XII 2; Xebr. XTli 1 ; X.V. VITT 1 : 
 X'.C. VIII 1: Ore. XI 2; Pa. Ill 7; Tenn. XI 8; Utah 
 XII 1; Va. IV 63: Vt. II 65; Wash. XII 1; W.Va. XT 1; 
 
 Wis. XI 1.) 
 Corporations shall be formed under general laws only. ( Miss. 
 
 VII 178.) 
 
 Educational, religious, charitable, social, manufacturing 
 
 and banking corporations not under state control not to be 
 
 created by special laws. ( S.( '. Ill 34.) 
 
 If unauthorized by constitution, special act void. (Md. Til 
 
 48.) 
 Legislature not to renew or extend any special act of incor- 
 poration previously granted'. (Midi. XII G.) 
 . ' Private corporation not t<> be created and foreign corporation 
 
 I '"'.. not to be licensed except by general law. (Okla. IX 38.)
 
 178 State Constitutions 
 
 CORPORATIONS (Cont'd) 
 Creation (Cont'd) 
 
 Special Laws Prohibited (Cont'd) 
 In General (Cont'd) 
 
 Private corporations not to be created except by general laws. 
 
 (Tex. XII 1.) 
 Special act " relating to corporate powers " forbidden. (Nev. 
 
 VIII 1.) 
 Exceptions 
 
 Corporations, " other than banking " not to be created by 
 
 special act. (Ind. XI 13.) 
 Cities may be granted corporate powers or privileges by 
 
 special acts. (Wis. IV 31.) 
 Educational and charitable corporations where gift, devise or 
 
 will requires special incorporation. (S.C. Ill 34.) 
 Certain named canal corporations. (W.Va. XI' 1.) 
 Charitable, educational, penal or reformatory corporations 
 under state control. (Ark. XII 2; 111. XI 1; Nebr. Xlb lj 
 
 S.D. XVII 1.) 
 Charitable, educational, penal or reformatory corporations 
 under state control or otherwise provided for in constitu- 
 tion but special law may be introduced by two-thirds vote 
 of each house and then passed like other bill. (S.C. IX 2.) 
 Xo corporation to be created by, but charitable, penal or 
 reformatory corporations under patronage and control of 
 state may have their charters extended, changed or 
 amended by special laws. (Mo. XII 2.) 
 Municipal, charitable, educational, penal or reformatory cor- 
 porations under control of state. (Colo. XV 2; Ida. XI 2; 
 
 Mont. XV 2; N.D. VII 131.) 
 Municipal, charitable, educational, penal or reformatory cor- 
 porations' under patronage or control of state. (Vt. II 65.) 
 .Municipal corporations, banks and charitable, penal, reforma- 
 tory and educational corporations sustained in whole or 
 in part by state. (Del. IX 1.) 
 Municipal corporations of not less than 2,500 inhabitants 
 
 and levee and parish corporations. (La. 48.) 
 Municipal purposes. (Minn. X 2; Nev. VIII 1.) 
 .Municipal purposes, "and in cases where the objects of the 
 corporation cannot otherwise be obtained ". ( Me. IV Pt. 
 
 Ill 14.) 
 Municipal purposes and where " in the judgment of the legis- 
 lature, 1lie object of the corporation cannot be obtained 
 under general laws". (X.V. VIII 1; X.C. XIII 1; Wis. 
 
 • XI 1.) 
 Municipal purposes and where no general laws exist provid- 
 ing for creation of corporations of general class in ques,- 
 tion; act in violation of section, void. (Md. Ill 48.) 
 University, public school or ship canal across state. (Fla. 
 
 Ill 25.)
 
 I mux Dickst 17!) 
 
 CORPORATIONS {Cont'd) 
 
 < rMn.ATivF: Voting, Sec below, this title, Directors. 
 
 De Facto Cobpobations, See above, this title, Cbeation — Lack of Legal 
 
 Organization. 
 
 Debts. See below, this title, Indebtedness. 
 
 Definition 
 
 "Company" used to include associations and joint-stock companies 
 having any powers or privileges not possessed by individuals and 
 corporations,, except municipal corporations and state-controlled 
 public institutions. (Okla. IX IS.) 
 
 "Corporation" or "company" includes trust, associations and joint- 
 stock companies having any powers or privileges not possessed by 
 individuals r unlimited partnerships; excludes municipal corpora- 
 tions and state-owned or controlled public institutions. (Ya. XII 
 
 153.) 
 
 ('(institution does not apply to religious corporations whose rights 
 remain unaltered except as otherwise provided. (Del. IX -1.) 
 
 Excludes all municipal corporations and state-owned or controlled 
 public institutions. (Okla. IX 1.) 
 
 Excludes associations and joint-stock companies embracing hanking 
 
 privileges. (Minn. X 1.) 
 
 Excludes municipal corporations. (8.C. IX 1.) 
 
 Excludes municipalities or political subdivisions unless otherwise ex- 
 pressly stated. (X.D. VII 144.) 
 
 Includes all associations and all joint-stock companies having privi- 
 leges not possessed by individuals or partnerships. (Miss. VII 
 
 199.) 
 
 Includes all associations and joint-stock companies having any powers 
 or privileges not possessed by individuals and excludes municipal 
 corporations and state-owned or controlled public institutions. 
 
 (Okla. IX 1.) 
 
 Includes all associations and joint-stock companies having any of the 
 powers and privileges of corporations not possessed by individuals 
 or partnerships. (Ala. XII 241; Ariz. XIV 1; Cal. XII 4; Ida. 
 XI 16; Mich. XII 2; Mont. XV IS; X.Y. VIII 3; X.C. VIII 3; 
 X'.D. VII 144; Pa. XVI 13; S.D. XVII 19; Utah XII 4; Wash. 
 
 XII 5.) 
 
 Includes all associations and joint-stock companies having any of 
 the powers and 'privileges not possessed by individual or partner- 
 ships. (Kan. XII 6; La. 268; Mo. XII 11.) 
 
 Includes all associations and joint-stock companies having any of the 
 powers and privileges not possessed by individuals or partnerships 
 and excludes municipal corporations. (S.C. IX 1.) 
 
 Includes " all associations and joint-stock companies having any of 
 the powers and privileges not possessed by individuals or partner- 
 ships except such as embrace banking privileges". I Minn. X 1.) 
 
 Includes joint-stock companies and associations. (Ky. 208.)
 
 180 State Constitutions 
 
 CORPORATIONS (Cont'd ) 
 Directors 
 
 See also below, this title, Officers. 
 
 Cumulative voting for directors or managers in person or by proxy 
 shall be permitted. (Ariz. XIV 10; Ida. XI 4; 111. XI 3; Ky. 207; 
 Miss. VII 194; Mo. XII 6; Mont. XV 4; Nebr. Xlb 5; W.Va. 
 
 XI 4.) 
 Cumulative voting for directors or managers shall be permitted. 
 
 (N.D. VII 135; Pa, XVI 4; S.D. XVII 5.) 
 Cumulative voting for directors, trustees or managers in person or 
 
 by proxy, shall be permitted. (S.C. IX 11.) 
 Cumulative voting shall be permitted; co-operative societies for 
 agricultural, mercantile and manufacturing purposes may be ex- 
 cepted. (Cal. XII 12.) 
 Jointly and severally liable for moneys embezzled or misappropriated 
 by officers during directors' term, except in an exposition company. 
 
 (Cal. XII 3.) 
 List of directors, showing stock holdings, must be filed in corporation 
 
 commission's office, before doing business. (Okla. IX 43.) 
 No person engaged or interested in or employee or stockholder of 
 competing business may be a director without consent of majority 
 
 stockholders. (Miss. VII 194.) 
 Dissolution, See above, this title, Charters. 
 Dues, See below, this title, Indebtedness. 
 Duration 
 
 Certificate of extension, signed and sworn to by president and secre- 
 tary, and by majority of directors, to be filed. (Cal. XII 7.) 
 Charters and rights continued by new constitution. (Miss. Sched. 
 
 279.) 
 Extension for term not exceeding 50 years, prior to expiration, by 
 vote or written consent, of two-thirds of stock or members, per- 
 mitted. (Cal. XII 7.) 
 Legislature not to extend any franchise or charter. (Utah XII 3; 
 
 Wash. XII 3.) 
 
 No charter of " private corporation for pecuniary gain " to be longer 
 
 ' than 99 years; taxed for any excess but may surrender same. 
 
 (Miss. VII 17S.) 
 Until legislature enacts general incorporation law, existing corpora- 
 tions may be renewed for not more than four years, without change 
 or enlargement of powers. (Del. Sched. 14.) 
 Thirty years, except municipal, railroad, insurance, canal or cemetery 
 or non-stock religious, benevolent, social or fraternal corporations; 
 renewal permitted; but general laws may provide for one or more 
 renewals, while term is running, for term not exceeding 30 
 years, on consent of two-thirds of stock, and for reorganization, 
 after term has expired, for term not exceeding 30 years, on 
 consent of four-fifths of stock. (Mich. XII 3.) 
 Extension or renewal of charters, in general, See above, this title, 
 Charters — Forfeiture, Revocation or Amendment.
 
 In hi.-, |)m;kkt 181 
 
 CORPORATIONS [Cont'd) 
 
 Educational, See Education. 
 
 Electric Companies, See Electric Companies. 
 
 Eminent Domain fob, See Eminent Domain. 
 
 Employees, See Labor. 
 
 Exposition Companies, See Exposition Companies. 
 
 Express Companies, See Express Companies. 
 
 Fees 
 
 On charter of domestic corporation. See above, this title, Charters. 
 Foreign corporations, Sec below, this title, Foreign Corporations. 
 As to taxation of corporations, See Taxation. 
 
 Annual registration fee between $5 and $25 to be provided for by law 
 on all corporations; charitable institutions may be excepted. (Va. 
 
 XII 157.) 
 Collected by state corporation commission and paid into state treas- 
 ury. (N.M. XI G.) 
 Extended corporations to pay all annual and other fees. (Cal. XII 7.) 
 Failure to pay registration fees for two successive years works revoca- 
 tion of charter of domestic or forfeiture of license of foreign cor- 
 poration and subjects to other penalties to be prescribed. (Va. 
 
 XII 157.) 
 
 Legislature may relieve charitable, social, fraternal, benevolent or 
 
 religious institutions from annual registration fee. (Ariz. XIV 
 
 17.) 
 Legislature to provide annual registration fee of not less than $10 
 
 irrespective of other license or tax. (Ariz. XIV 17.) 
 Provision to be made by general law for fees for granting, amending 
 or extending charters or for license to do business in state. (Va. 
 
 XII 157.) 
 Ferry Companies, See Ferries. 
 
 Filing of Articles of Incorporation, See above, this title, Chabters. 
 Foreign Corpobations 
 
 Acceptance of State Constitution 
 
 See also above, this title, Acceptance of State Constitution. 
 
 Filing of acceptance, in accordance with state laws, a condition 
 
 precedent to doing business in state for corporations organized 
 
 under the territory or for foreign corporations. (Wyo. X 
 
 Corporations 5.) 
 Agents to Accept Process, See beloiv, this subdivision, Sebvice of 
 
 Pbocess on. 
 Alien Corporations, See above, this title, Alien Corpobations. 
 Attachment 
 
 Property subject to attachment as in case of non-residents. (Va. 
 
 XII 163.) 
 Discriminations Against 
 
 Legislature may discriminate against foreign corporations. (Va. 
 
 XII 1(33.) 
 Fees 
 
 See also above, this title. Fees. 
 Taxation, See Taxation.
 
 L82 STATK ('OXSTITI Tl<>.\- 
 
 CORPORATIONS (Cont'd) 
 
 Foreign Corporations {Cont'd) 
 Fees (Cont'd) 
 
 Foreign corporations may be licensed and taxed by mode dif- 
 ferent from that for domestic corporations. (La. 242.) 
 Legislature to provide annual registration fee of not less than 
 
 $10 irrespective of other license or tax. (Ariz. XIV 17.) 
 Legislature to provide for fee on license to do business. (Ariz. 
 
 XIV 17.) 
 Provision to be made by general law for fee on obtaining license. 
 
 (Va. XII 157.) 
 Filing of Articles of Incorporation 
 
 Certified copy of articles to be filed with secretary of state as 
 a prerequisite to doing business. (Ala. XII 232; Utah XII 9.) 
 
 License 
 
 Corporations, companies or associations organized or domiciled 
 out of state, but doing business therein, may be licensed by 
 mode different from that provided for home corporations or 
 companies, provided said different mode of license shall be 
 uniform, upon a graduated system and equal and uniform as 
 to all such corporations, etc., doing same kind of business. 
 
 (La. 242.) 
 Defined as authority under which foreign corporation does busi- 
 ness in state. (Okla. IX 1.) 
 Foreign corporations may be licensed and taxed by mode dif- 
 ferent from that for domestic corporations. (La. 242.) 
 Legislature not limited by corporation article of constitution in 
 imposing conditions on foreign corporations. (Okla. IX 44.) 
 Issued solely by corporation commission. (Ariz. XV 5.) 
 Issued through corporation commission. (X.M. XI 6; Va. XII 
 
 156 a.) 
 
 No foreign corporation to do business until it has obtained 
 
 license from corporation commission. (Ariz. XIV 17; Va. 
 
 XII 157.) 
 Ouster • 
 
 Bribery at elections forfeits franchise in state. (Ky. 150.) 
 Failure to pay registration fee for two successive years or to 
 make annual report within 90 days after two years revokes 
 
 license. ( Va. XII 157.) 
 Penalty of ouster for forming trust or monopoly to be secured 
 
 by attorney-general or district attorneys. (La. 1H0.) 
 Right to do business may be revoked for formation of trust or 
 monopoly. (Ida. XI IS; Mont. XV 20.) 
 
 Place of Business 
 
 Must have one or more known places of business in state. (Ala. 
 XII 232; Colo. XV 10; Ida. XI 10; Mont. XV 11; Pa. XVI 5; 
 
 S.D. XVII 6.) 
 Must have one or more places of business in state. (N.D. VII 
 
 136.)
 
 Txdkx Digest 183 
 
 CORPORATIONS {Cont'd) 
 
 Foreign Corporations (Cont'd) 
 Powers and Limitations 
 
 See also below, this title, Powers and Limitations. 
 May be authorized under limitations and restrictions i<> do busi- 
 ness in slate. (Ark. XII 11.) 
 No foreign corporation to have power of eminent domain. (Ark. 
 
 XII 11.) 
 Not to be permitted to carry on business forbidden to domestic 
 corporations or be relieved of requirements made of similar 
 domestic corporations. (Okla, IX 44.) 
 Not to be permitted to do anything forbidden to domestic cor- 
 porations; interstate public service corporations and existing 
 foreign corporations excepted. (Va. XII 163.) 
 Not to be relieved from compliance with any provision affecting 
 domestic corporations which can be made applicable without 
 discrimination against it. (Va. XII 163.) 
 Not to have greater rights or privileges than domestic corpora- 
 tions of same or similar character. (Ark. XII 11; Ida. XI 
 
 10; Mont. XV 11.) 
 
 Not to transact business on more favorable conditions than 
 
 similar domestic corporations. (Ariz. XIV 5; Cal. XII 15; 
 
 Ky. 202; Okla. IX 44; Utah XII 6; Wash. XII 7.) 
 
 Not to transact business which it is not allowed to transact in 
 
 jurisdiction under which it is formed. (Ariz. XIV 5.) 
 " Proper boards, commissions or officers " may be given super- 
 visory and regulatory powers over business and sale of stocks 
 and securities, as prescribed by law. (Ohio XIII 2.) 
 Subject to same regulations and limitations as to contracts or 
 business as domestic corporations. (Ark. XII 11.) 
 Service of Process on 
 
 Not to be licensed until an agent residing in state designated, on 
 whom or on other agents, as provided by law. process may be 
 
 served. (Okla, TX 43.) 
 
 Not to do business by branches, agents or representatives in 
 
 state without authorized agent on whom process may be served. 
 
 (Del. IX 5.) 
 Not to do business in state without authorized agent or agents 
 in at least one known place of business; service may be made 
 on an agent anywhere in state. (Ala. XII 232.) 
 Not to do business in state without authorized agent or agents 
 in required known places of business on whom process may be 
 served. (Ark. XII 11; Colo. XV 10; Ida. XI 10; .Mont. XV 
 
 11; Pa. XVI 5:j S.I). XVII 6.) 
 Not to do business in state without authorized agent or agents 
 in required place of business. (N.D. VII 136.) 
 Suits Against 
 
 See also below, this title, Suits. 
 
 May be brought in county where agent found, of plaintiff's resi- 
 dence or where cause of action arose. (Okla. IX 43.)
 
 184 State CowrnTiu.x.- 
 
 CORPORATIONS [Cont'd] 
 
 Foreign Corporations (Cont'd) 
 Suits Against [Cont'd] 
 
 May he brougMt in county where agent found or in county where 
 
 cause of action arose. (Ariz. XIV S.) 
 May be brought in any county where it docs business. (Ala. 
 
 XII 232.) 
 Taxation, Bee Taxation. 
 Forest Preserves 
 
 Not to be taken "by any corporation, public or private"'. (X~.Y. 
 
 VII 7.) 
 Forfeiture, Revocation or Amendment of Charter, S&e above, this 
 
 title, Charters. 
 Formation 
 
 See above, this title; Charters. 
 See above, this title; Creation. 
 Franchises 
 
 (barters. See above, this title, Charters. 
 
 Of foreign corporations!, Nee above, this title. Foreign Corporations. 
 
 No corporation to lease or alienate any franchise so as to relieve 
 
 franchise or property held thereunder from liabilities of lessor or 
 
 grantor, lessee or grantee, incurred in use of franchise, or its 
 
 privileges. (Kv. 203.) 
 
 Xo law to permit lease or alienation of franchise so as to release or 
 
 relieve franchise or property held thereunder from liabilities of 
 
 lessen - or grantor, or lessee or grantee, incurred in use of franchise 
 
 or its privileges. (Ariz. XIV 7; Cal. XII 10; Ida. XI 15; Mont. 
 
 XV 17; Utah XII 7; Wash. XII 8.) 
 Gas Companies; See Gas Companies. 
 General Laws 
 
 For a general law relating to a particular siibject, See Throughout 
 
 this title. 
 Grants of Public Lands to, See Public Lands — Grants. 
 Grants of Public Property to, See Public Property — Grants. 
 Guaranty Companies, See Guaranty Companies. 
 Holding ( 'o.u pa n i es 
 
 Corporation cannot do act prohibited through holding or controlling 
 stock or bonds of other corporation organized or doing business in 
 
 state. (S.C. IX 19.) 
 Incorporation 
 
 See above, this title, Charters. 
 See above, this title. Creation. 
 Incorporators, Bee below, this title, Stockholders. 
 Indebtedness 
 
 Ponded, Bee ntiove, this title, BONDS. 
 
 Liability of stockholders^ See below, this title, Stockholders. 
 
 Dues from corporations to be secured by individual liability of stock- 
 holders to amount of their stock and such other means as provided 
 by law; railroad, religious and charitable corporations excepted. 
 
 (Kan. XII 2.)
 
 Im)K.\ Digest 185 
 
 CORPORATIONS (Cont'd) 
 Indebtedness {Cont'd) 
 
 Dues from corporations to be secured by individual liabilities of cor- 
 porations, or other means, as prescribed by law. (N.C. VIII 2.) 
 Dues from corporations to be secured by such means as may be pre- 
 scribed by law. (Ala. XII 236; Ida. XI 17; Mo. XII 9; Mont. XV 
 
 19; Xev. VIII 3; Ohio XIIT 3.) 
 Dues from corporations to be secured by such individual liability of 
 corporators and other means as prescribed by law. (Cal. XII 2; 
 
 N.Y. VIII 2.) 
 Dues from corporations, other than banking, to be secured by indi- 
 vidual liability of corporators or other means, as prescribed by 
 
 law. (Ind. XI 14.) 
 Exact amount of debts to be ascertained and after corporate prop- 
 erty exhausted original subscribers individually liable for unpaid 
 subscription, following the stock. (Xebr. Xlb 4.) 
 "Fictitious increase" of indebtedness shall be void. (Ala. XII 234 
 Ariz. XIV 6; Ark. XII 8; Cal. XII 11; Colo. XV 9; Ida. XI 9 
 Ky. 193; Mo. XII S; Mont. XV 10; X.D. VII 13S; Okla. IX 39 
 Pa. XVI 7; S.C. IX 10; S.D. XVII 8; Tex. XII 6; Utah XII 5 
 
 Wash. XII 6.) 
 Increase of indebtedness to be under general law, with consent of 
 majority of stock, first obtained at meeting held after 60 days' 
 notice. " (X.D. VII 138; Pa. XVI 7; S.D. XVII 8.) 
 Indebtedness of corporation to state can only be discharged by pay- 
 ment into public treasury. (Ark. XII 12.) 
 Legislature to prevent issue of fictitious indebtedness. (Okla. IX 39.) 
 Issue of any obligation for payment of money except for money or 
 property received or labor done forbidden. (Ariz. XIV 6; Utah 
 
 XII 5; Wash. XII 6.) 
 Inspection of, See beloxv, this title, Regulation. 
 Insurance Companies, See Insitrance. 
 
 Internal Improvement Companies, See Internal Improvements. 
 Joint-Stock Associations, See Joint-Stock Associations. 
 Lands, See below, this title, Real Estate. 
 Laws 
 
 For general or special laics relating to a particular subject, See 
 
 throughout this title. 
 License 
 
 See above, this title, Charters. 
 See above, this title, Foreign Corporations. 
 Limitation of Power, See below, this title, Powers and Limitations. 
 Loan Companies, See Trust Companies. 
 Managers, See above, this title, Directors. 
 Manufacturing Corporations, Sec Manufacture 
 Mining Companies, See Mines. 
 
 Monopolies and Trusts, See Monopolies and Trusts. 
 Mortgage Corporation's. 
 
 Corporations formed for sole purpose of lending on country property 
 not to receive money on deposit or to do banking business; under 
 supervision of examiner of state banks. (La. 230.)
 
 186 State Constitutions 
 
 CORPORATIONS (Cont'd) 
 
 Municipal Aid, See " Boroughs ", " Cities ", " Counties ", " Dis- 
 tricts ", " .Municipalities", "Towns", "Townships", "Villages" 
 and "Education — School Districts". 
 Municipal Corporations, See Municipalities. 
 Municipal Franchises to, See " Boroughs ", il Cities ", " Counties ", 
 
 " Municipalities ", " Towns ", " Townships ", " Villages ". 
 Mutual and Co-operative Corporations 
 
 Legislature to provide for organization of mutual and co-operative 
 associations or corporations. (Wyo. X Corporations 10.) 
 Name 
 
 Legislature not to change name by local or special law. (Ala. IV 
 
 104; Miss. IV 90.) 
 Legislature not to name or change name of corporation by special 
 
 law. (Va. IV 63.) 
 Non-user of Charter, See above, this title, Charters. 
 Objects, See above, this title, Charters. 
 Offenses 
 
 See above, this title, Charters — Forfeiture, Revocation or Amend- 
 ment. 
 See above, this title, Foreign Corporations — Ouster. 
 
 Office, See below, this title, Place of Business. 
 Officers 
 
 Directors, See above, this title, Directors. 
 
 Embezzlement or misappropriation of moneys by officers renders di- 
 rectors or trustees personally liable. (Cal. XII 3.) 
 List of officers must be filed in corporation commission's office, show- 
 ing stock holdings, before doing business. (Okla. IX 43.) 
 
 Oil Pipe Corporations, See Pipe Lines. 
 Organization 
 
 See above, this title, Charters. 
 
 See above, this title, Creation. 
 
 Passes 
 
 Person holding public office in state not to accept or use pass or pur- 
 chase transportation other than as furnished to general public; 
 legislature to enforce provision. (Wash. II 39.) 
 
 Public officer or person elected or appointed to public office under laws 
 of state not to demand or accept pass, free transportation, franking 
 privilege or discrimination in passenger, telegraph or telephone 
 rates from any person or corporation, for himself or with another; 
 shall be misdemeanor and forfeit office of recipient and misde- 
 meanor in corporation or its agent ; no privilege from, but im- 
 munity on, testifying. (X.Y. XIII 5.) 
 
 Same; except that recipient forfeits office and is liable to further 
 penalty and corporation, or its agent, liable to fine of $500 in suit 
 to be brought at domicile of recipient. (La. 191.) 
 
 On railroads, See Railroads. 
 
 Penal Corporations, Sec Penal Institutions. 
 Pipe Line Corporations, Sec Pipe Lines.
 
 Ixdk.x Digest 187 
 
 CORPORATIONS {Cont'd) 
 Place of Business 
 
 Of foreign corporations, See abort', this title, Foreign Corporations. 
 Service of process, See below, this title, Service of Process on. 
 All corporations must have a place of business in state. (Mo. XII 
 
 15.) 
 
 All corporations must have a1 least one " public " office in state; 
 
 religious, educational and benevolent associations and mercantile 
 
 corporations excepted. (S.C. IX 4.) 
 
 All corporations must have a place of business in state; religious, 
 
 educational and benevolent corporations excepted. (Ca'l. XII 14.) 
 
 All corporations must have one or more known places of business in 
 
 state before doing business therein. (Ariz. XIV 8; La. 264; 
 
 Utah XII 9.) 
 
 All corporations must have one or more known places of business in 
 
 state before doing business therein; legislature to enact laws to 
 
 this end. (Ky. 104.) 
 Charters to be filed in chancery clerk's office of county where prin- 
 cipal office or place of business located. (Miss. VII 189.) 
 Police Power, See below, this title, Regulation. 
 Political Activities 
 
 Bribery at elections by corporations punishable by forfeiture of 
 
 charter or franchise and of right to do business. (Ky. 150.) 
 Not to influence elections or official duty by contributions of money 
 
 or anything of value. (Okla. IX 40.) 
 Unlawful to contribute money or anything of value to influence elec- 
 tion or official action. (Ariz. XIV IS.) 
 Powers and Limitations 
 
 Of foreign corporations. See above, //n'.s title, FOREIGN Corporations. 
 Exclusive privileges and immunities. See Privileges. 
 Real estate, See below, this title, Real Estate. 
 
 All powers and franchises of corporations derived from people and 
 
 granted by their agent, the government, for public good and general 
 
 welfare. (Wyo. X Corporations 2.) 
 
 Armed persons or bodies not to be brought into state to preserve 
 
 peace or suppress domestic trouble without authority of law. 
 
 (Utah XII 16.) 
 Legislature not to delegate to private corporation or association 
 power to make or interfere with municipal improvement, money, 
 property or effects, to levy taxes or to perform municipal functions. 
 (Cal. XI 13; Colo. V 35; Pa. Ill 20.) 
 Legislature not to delegate to private corporation or association 
 power to make, supervise or interfere with municipal improve- 
 ments, moneys, property or effects, to levy taxes or to perform any 
 municipal functions. (Wyo. Ill 37.) 
 Municipality may award franchises or privileges no longer than for 
 20 years; advertising required; trunk railroads excepted. (Ky. 
 
 164.) 
 No corporation shall engage in any business not expressly authorized 
 in its charter. (N.D. VII 137; Pa. XVI 16; S.D. XVII 7.)
 
 1 88 State Constitutions 
 
 CORPORATIONS (Cont'd) 
 
 Powers and Limitations (Co?it , d) 
 
 No corporation shall engage in any business not expressly authorized 
 in its charter or articles of incorporation. (Ala. XII 233; Utah 
 
 XII 10.) 
 
 No corporation shall engage in any business not expressly authorized 
 
 in its charter or by the law under which it is organized. (Ariz. 
 
 XIV 4; Cal. XII 0; Ky. 102; Mo. XII 7.) 
 
 No corporation shall engage in any business not expressly authorized 
 
 in its charter or incidental thereto. (La. 265; S.C. IX 12.) 
 Not to have more than " one general line or department of busi- 
 ness ". ( Wyo. X Corporations 6. ) 
 Powers not to be increased or diminished by special laws. (Tenn. 
 
 XI S.) 
 Power to levy taxes may not be delegated to private corporations or 
 
 associations. (Ala. XI 212.) 
 
 Rights, privileges, immunities and estates of corporate bodies shall 
 
 remain as if constitution had not been altered, except as therein 
 
 otherwise provided. (Del. IX 4.) 
 
 Rights and duties of corporations not affected by new constitution, 
 
 except as therein limited. (Conn. X 3.) 
 Rights and duties of all corporations shall remain " as if this con- 
 stitution had not been adopted ", except as therein regulated and 
 
 restricted. (Conn. X 3.) 
 Rights of corporations continued by new constitution. (Miss. Sehed.' 
 
 279.) 
 Process, See below, this title, Service of Process on. 
 Property 
 
 Of domestic corporation on consolidation with foreign corporations, 
 
 See above, this title, Foreign Corporations. 
 Forfeiture, See above, this title, Charters. 
 Lease or alienation, See above, this title, Franchises. 
 Real estate, See below, this title, Real Estate. 
 Public Lands, See Public Lands. 
 Public Service 
 
 Commissions, See Public Service Commissions. 
 Corporations, See Public Service Corporations. 
 Quasi-Public Corporations 
 
 Legislature not to extend, nor remit forfeiture of franchise or charter 
 of, quasi-public corporations. (Cal. XII 7.) 
 Railroads, See Railroads. 
 Real Estate 
 
 Of' alien corporation^, See above, this title, Alien Corporations. 
 '1 "aking or holding real estate, except such as necessary and proper 
 
 for business, forbidden. (Pa. XVI 6; S.D. XVII 7.) 
 Legislature may limit or restrain acquiring or holding of lands by> 
 
 corporations. (Miss. IV 84.) 
 
 Holdings of large tracts, uncultivated and unimproved, is against 
 
 public interest and to be discouraged by lawful means. (Cal. 
 
 XVII 2.)
 
 I.xdk.x Digest 189 
 
 CORPORATIONS (Cont'd) 
 Real Estate (Cont'd) 
 
 Holding longer than five years, except such as necessary for carrying 
 
 on business, forbidden. (Cal. XII !).) 
 Holding longer than five years, except SU'ch as necessary and proper 
 
 for business, forbidden under penalty of escheat. (Ky. 192.) 
 Holding longer than six years, except such as necessary and proper 
 
 for legitimate business, forbidden. (Mo. XII 7.) 
 Holding longer than seven years of lands secured by mortgage fore- 
 closure, forbidden. (Okla. XXII 2.) 
 Holding longer than 10 years, except such as actually occupied in 
 
 exercise of franchise, forbidden. (Mich. XII 5.) 
 Holding longer than 10 years, except such as necessary and proper 
 
 for legitimate business or purposes, forbidden. (La. 205.) 
 Corporations may not deal in real estate except in incorporated cities 
 and towns and except as necessary for business; mortgages to se- 
 cure debts and naked titles held by trust companies as security 
 
 excepted. (Okla. XXII 2.) 
 No corporation to be chartered or licensed solely to deal in real estate, 
 except real estate in incorporated cities or towns, nor to act as 
 agent to buy or sell same. (Okla. XXII 2.) 
 State lands not to be donated to or sold to corporations or associa- 
 tions for less price than to individuals. (Ala. IV 99; Miss. IV 95; 
 
 S.C. Ill 31.) 
 Royal grants good only if made on or before October 14, 1775; 
 grants since said date not affected by constitution. (X.Y. I 17.) 
 Reformatory Corporations, See Penal Institutions. 
 Regulation 
 
 Acceptance of State Constitution, Sec above, this title, Acceptance 
 
 of State Constitution. 
 Charters, Sec above, this title, Charters. 
 By Commissions, See Public Service Commissions. 
 Right of State, in General 
 
 All corporations doing business in state may be regulated, 
 limited and restrained by law. (Ariz. XIV 2; Utah XI I 1; 
 
 Wash. XII 1.) 
 
 All corporations doing business in the state may be regulated, 
 
 limited and restrained by laws not in conflict with federal 
 
 constitution. (Wyo. X Corporations 1.) 
 
 All corporations doing business in state may be regulated, 
 
 limited 'and restrained by laws not in conflict with federal 
 
 or state constitution. (N.M. XI 13.) 
 
 Article XIV of constitution not to be construed to prevent 
 
 legislature from imposing other conditions on corporations. 
 
 (Ariz. XJV 14.) 
 
 Attorney -general to inquire into charter rights and to prevent 
 
 corporations collecting improper taxes, tolls, freight or 
 
 Wharfage. (Tex. IV 22.) 
 "Being creatures of the state - ', endowed for public good with 
 some of its sovereign powers, corporations must be subject to 
 its control. (Wyo. I 30.)
 
 190 State Constitutions 
 
 CORPORATIONS (Cont'd) 
 Regtjlatiox ( Con Vd ) 
 
 Right of State, in General (Con I'd) 
 
 Corporations cannot do prohibited acts by controlling interests 
 in other corporations. (S.C. IX 19.) 
 
 Corporations, however formed, to be forever subject to general 
 laws of state. (Me. IV Pt. Ill 14.) 
 
 Legislature given full power to correct abuses, prevent dis- 
 crimination or excessive charges where service of public 
 nature performed, and provide penalties. (Fla. XVI 30.) 
 
 Legislature may provide for creation and control of corporations 
 by general laws, except corporations to exercise eminent 
 domain and to acquire franchises in streets and highways of 
 towns and cities. (R.I. Amend. IX.) 
 
 Legislature not to regulate affairs of corporations by special 
 
 act. (Va. XII 154.) 
 
 Legislature should provide for supervision and government of 
 
 corporations. (N.H. II 82.) 
 
 Legislature so to control associations as to prevent monopolies 
 and trusts. (Ala. IV 103.) 
 
 " Proper boards, commissions or officers " may be given super- 
 visory and regulatory powers over organization, business and 
 issue and sale of stocks and securities (of domestic corpora- 
 tions) and business and sale of stocks and securities of 
 foreign corporations, as prescribed by law. (Ohio XIII 2.) 
 
 Records, books and files always subject to " full visitorial and 
 inquisitorial powers " of state, notwithstanding bill of rights. 
 
 (Okla. II 28.) 
 
 Right of state to control and regulate corporations for public 
 good and general welfare, declared. (Utah XII 1; Wash. 
 XII 1 ; Wyo. X Corporations 2. ) 
 
 Secretary of internal affairs to discharge such duties relating 
 to corporations as may be prescribed by law. (Pa. IV 19.) 
 
 Subject to constitution and laws of state irrespective of filing 
 of acceptance of constitution. (N.M. XI 12.) 
 
 Territorial laws continued under state until changed by legis- 
 lature. (Ncv. VIII 4.) 
 Repeal or Amendment of Laws 
 
 Revocation or amendment of charters, See above, this title, 
 
 Chapters. 
 
 All authorized general or special laws subject to repeal or 
 alteration by legislature. (Cal. XII 1; Mont. XV 2.) 
 
 All laws for formation of, or conferring rights, privileges and 
 franchises upon corporations, may be amended, altered, re- 
 pealed or abrogated. (Mich. XII 1.) 
 
 All laws relating to corporations may be altered, amended or 
 repealed. (Ariz. XIV 2; Utah XII 1; Wash. XII 1.) 
 
 All laws relating to corporations may be altered, amended or 
 repealed, when necessary for the public good and general 
 welfare. (Wyo. X Corporations 1.)
 
 Index Digest 191 
 
 CORPORATIONS ( Cont'd) 
 Regulation ( Con t'd ) 
 
 Repeal or Amendment of Laws (Cont'd) 
 
 All revocable charters and amendments of charters existing and 
 revocable or hereafter granted may be repealed by special 
 act. (Va. XII 154.) 
 Legislature may alter or repeal general corporation laws. (Ala. 
 XII 229; Ark. XII 6; Ida. XI 2; Kan. XII 1; Miss. IV 87; 
 Nebr. Xlb 1; Nev. VIII 1; X.J. IV Sec. VII 11; X.M. XI U; 
 X.D. VII 131; Ohio XIII 2; S.C. IX 2; Vt. II 65; Va. XII 
 
 154.) 
 
 Legislature may alter or repeal general corporation laws or 
 
 special corporation acts. (X.Y. VIII 1; X.C. VIII 1; Wis. 
 
 XI 1.) 
 
 Legislature may alter or repeal general corporation laws but 
 
 not so as to interfere with or divest vested corporate rights. 
 
 (Tenn. XI 8.) 
 Legislature may amend or repeal all laws for organization or 
 creation of corporations or granting special or exclusive privi- 
 leges or immunities by two-thirds vote. (Iowa VIII 12.) 
 Police Power 
 
 Police power of state is supreme over corporations as well as 
 
 individuals. (N.M. XI 14; Wyo. X Corporations 2.) 
 Police power of state not to be used to permit corporations to 
 infringe " equal rights of individuals or the general well- 
 being of state". (Cal. XII 8; Colo. XV S; Ga. IV Sec. II 2; 
 Ida. XI 8; La. 263; Miss. VII 190; Mo. XII 5; Mont. XV 9; 
 X.D. VII 134; Pa. XVI 3; S.D. XVII 4; Va. XII 159.) 
 Police power of state not to be used to permit corporations to 
 infringe '"equal rights of individuals". (Ky. 195.) 
 Religious Corporations, See Religion. 
 Repeal op Constitutional Provisions by Legislature 
 
 After a designated date, legislature given power to repeal certain 
 provisions of constitution relating to certain classes of public 
 service corporations, their rates, facilities, etc. (Okla. IX 35.) 
 After a designated date, legislature given power to repeal certain 
 provisions of constitution relating to corporation commission, its 
 powers and duties and procedure on appeal therefrom. (Okla. IX 
 
 35; Va. XII 156(1).) 
 Reports 
 
 Annual report at time of paying registration fee to corporation 
 commission to be required by general law; failure for 9(1 days 
 •after two years forfeits charter or license and subjects to other 
 penalties, to be prescribed. (Va. XII 157.) 
 Annual report to corporation commission required of all corpora- 
 tions at time of payment of registration fee. (Ariz. XIV 17.) 
 By corporations whose stock is offered for sale to public, to corpora- 
 tion commission, under oath, as required by law or by corporation 
 commission, prescribed. (Ariz. XV 13.) 
 Form and collection of reports matters for corporation commission 
 which shall annually tabulate and publish them. (N.M. XI 6.)
 
 102 State Constitutions 
 
 CORPORATIONS (Cont'd) 
 
 Right of Way, See Eminent Domain. 
 
 Rights and Duties, See above, this title, Powers and Limitations. 
 
 School Corporations, See Education. 
 
 Service of Process on 
 
 All corporations must have at least one agent in state authorized to 
 accept service; religious, educational and benevolent associations 
 and mercantile corporations excepted; legislature not forbidden 
 to provide for service on any agent. (S.C. IX 4.) 
 All corporations must have one or more agents in state authorized 
 to accept service before doing business therein. (Ariz. XIV S; 
 
 La. 264; Utah XII 9.) 
 All corporations must have one or more agents in stale authorized 
 to accept service; legislature to enact laws to this end. (Ky. 194.) 
 Foreign corporations, See above, this title, Foreign Corporations. 
 Sleeping-Car Companies, See Sleeping-Car Companies. 
 Social Corporations, See Social Corporations. 
 Special Laws 
 
 For -special hues reletting to a particular subject, Sec throughout 
 
 this title. 
 State Aid 
 
 See State Debt — Purpose — Aid to Private or Corporate Enter- 
 prise. 
 See State Finances — Expenditures. 
 State as owner of securities, See Public Property. 
 State, Conduct of Business by 
 
 State not to carry on business of any corporation. (La. 58.) 
 Steamship Companies, See Steamship Companies. 
 Stock 
 
 Books, See above, this title, Books. 
 Decrease 
 
 To be under general law, with consent of majority of stock, first 
 obtained at meeting held after 30 days' notice, as prescribed 
 by law. (La. 267.) 
 Gambling in Stocks 
 
 Legislature to prohibit buying and selling in boards, exchanges 
 or markets; sales on margin and for future delivery void and 
 money may be recovered. (Gal. IV 26.) 
 Holdings in Competing Corporations 
 
 Forbidden, except stock taken in payment of debt ; must dispose 
 of same in 12 months and can exercise rights thereon only 
 with consent of commission. (Okla. IX 41.) 
 Legislature may not authorize corporation to buy stock in 
 domestic or foreign corporations, or make any contract there- 
 with, with effect of lessening competition or encouraging 
 monopoly; such contracts are void. (Ga. IV Sec. II 4.) 
 Increase 
 
 "Fictitious increase" of stock forfeits charter. (La. 266.) 
 "Fictitious increase" of stock shall be void. (Ala. XII 234; 
 Ariz. XIV 6; Ark. XII 8; Cal. XII 11; Colo. XV 9; Ida.
 
 Index Digest 19-' 
 
 CORPORATIONS ( ( 'on t'd ) 
 Stock (Cont'd) 
 
 Increase {Cont'd) 
 
 XI 9; Ky. 193; La. 266; Mo. XII 8; Mont. XV 10; N.D. 
 VII 138; Okla. IX 39; Pa. XVI 7; S.C. IX 10; S.D. XVII 8; 
 Tex. XII 6; Utah XII 5; Wash. XII 6.) 
 To be under general law, with consent of majority of stock first 
 obtained, and after " due notice " as prescribed by law. ( Ariz. 
 XIV 6; Utah XII 5; Wash. XII 6.) 
 To be under general law, with consent of majority of stock, first 
 obtained, at meeting held after 60 days' notice, as pre- 
 scribed by law. (Ark. XII 8; Cal. XII 11; Mo. XII 8; N.D. 
 VII 138; Pa. XVI 7; S.D. XVII S.) 
 To be under general law, with consent of majority of stock, first 
 obtained, at meeting held after 30 days' notice, as pre- 
 scribed by law. (Ala. XII 234; Colo. XV 9; Ida. XI 9; La. 
 
 267; Mont. XV 10; Okla. IX 39.) 
 Investment of Trust Funds 
 
 Legislature not to authorize investment of trust funds by 
 executors, administrators, guardians or trustees, in private 
 stocks. (Colo. V 36; Mont. V 37; Wyo. Ill 38.) 
 Legislature not to authorize investment of trust funds by 
 executors, administrators, guardians or trustees, ih private 
 stocks; any such act avoided, saving previous investments. 
 
 (Ala. IV 74; Pa. Ill 22.) 
 Issue 
 
 Forbidden except to bona fide subscribers or their assignees. 
 
 (Ariz. XIV 6; Utah XII 5; Wash. XII 6.) 
 Of preferred stock requires consent of all the stockholders. (Mo. 
 
 XII 10.) 
 Of preferred stock requires consent of two-thirds of stock. (Ala. 
 
 XII 237.) 
 Legislature authorized to prevent fictitious capitalization, by civil 
 
 or criminal proceedings. (N.H. II 82.) 
 Legislature to control all issues of stock by general laws. (Va. 
 
 XII 167.) 
 Legislature to prevent issue of fictitious stock. (Okla. IX 39.) 
 Only for labor done or money or property actually received. 
 
 (Ark. XII 8; La. 266.) 
 Only for labor done, or money or property actually received or 
 
 subscribed. (S.C. IX 10.) 
 Only for labor done, services performed or money or property 
 
 actually received. (Colo. XV 9; Ida. XI 9; Mont. XV 10.) 
 Only for money, labor done or money or property actually 
 
 received. (N.D. VII 138; Pa. XVI 7; S.D. XVII 8.) 
 Only for money, labor done or property actually received. (Ala. 
 
 XII 234.) 
 Only for money, labor done or property actually received to 
 amount of par value thereof. (Okla. IX 39.)
 
 194 State Constitutions 
 
 CORPORATIONS (Cont'd) 
 
 Stock (Cont'd) 
 Issue (Cont'd i 
 
 Only for money paid, labor done or personal property, or real 
 
 estate or leases thereof actually acquired. (Del. IX 3.) 
 Only for money paid, labor done or property actually received. 
 
 (Cal. XII 11; Mo. XII 8; Tex. XII 6.) 
 Only for money paid, labor done or property actually received 
 and applied to corporate purposes and not valued more highly 
 than real market price. (Ky. 193.) 
 Plan of issue under oath must first be filed with corporation 
 commission; if issue for services or property, nature and valu- 
 ation of same to be stated; other requirements may be made 
 by law; penalties to be provided. (Va. XII 107.) 
 Preferred Stock 
 
 Issue requires consent of all the stockholders. (Mo. XII 10.) 
 Issue requires consent of two-thirds of stock. (Ala. XII 237.) 
 Taxation, See Taxation. 
 Stock Books, See above, this title, Books. 
 Stockholders 
 
 State as, See Public Property. 
 
 Municipality as, See " Boroughs ", " Cities '*, " Counties *', " Dis- 
 tricts ", " Municipalities ", " Towns ", " Villages ". 
 
 Alien 
 
 If majority of stock owned by aliens, corporation deemed alien 
 and may not own lands except under mortgage, where acquired 
 in good faith for debts, certain mining lands and lands to de- 
 velop certain mining products. (Wash. II 33.) 
 
 Filing of Names 
 
 List of directors, showing stockholdings, must be filed in corpora- 
 tion commission's office before doing business. (Okla. IX 43.) 
 
 Liability 
 
 Of bank stockholders, See Banks. 
 
 " Corporators " of domestic corporations not to be individually 
 
 liable for debts or liabilities of corporation. (Nev. VIII 3.) 
 Dues from corporations, other than banking, to be secured by 
 individual liability of corporators, or other means, as pre- 
 scribed by law. (Ind. XI 14.) 
 Dues from corporations to be secured by individual liability of 
 corporators and other means as may be prescribed by law. 
 
 (Cal. XII 2; N.Y. VIII 2.) 
 Dues from corporations to be secured by individual liability of 
 corporations, or other means, as prescribed by law. (N.C. 
 
 VIII 2.) 
 
 Dues from corporations to be secured by individual liability of 
 
 stockholders to amount of their stock and such other means as 
 
 provided by law ; railroad, religious and charitable corporations 
 
 excepted. (Kan. XII 2.) 
 individually and personally liable for proportion of debts and
 
 Index Digest 195 
 
 CORPORATIONS (Cont'd) 
 Stockholders (Cont'd) 
 Liability (Cont'd) 
 
 liabilities contracted while a stockholder in proportion of hold 
 ings to total holdings of stock; exposition companies excepted. 
 
 (Cal. XII 3.) 
 Individually liable for all labor performed for corporation. 
 
 (Mich. XII 4.) 
 In no case, individually liable in any amount over or above stock 
 
 held. (Ida. XI 17; Mo. XII 9.) 
 In no case individually liable otherwise than for amount of un- 
 paid stock owned. (Ala. XII 236.) 
 In no case individually liable otherwise than for unpaid stock 
 owned, except in case of corporations authorized to receive 
 money on deposit. (Ohio XIII 3.) 
 One or more stockholders may be made parties defendant on lia- 
 bility for debts of corporation. (Wash. XII 4.) 
 Original subscribers individually liable, following the stock, for 
 unpaid subscriptions after corporate property exhausted. 
 
 (Nebr. Xlb 4.) 
 To amount of unpaid stock, " and no more ", for debts of corpo- 
 ration; banking and insurance corporations excepted. (Wash. 
 
 XII 4.) 
 
 To amount of stock held or owned, " excepting those organized 
 
 for the purpose of carrying on any kind of manufacturing or 
 
 mechanical business". (Minn. X 3.) 
 
 To amount of stock subscribed and unpaid for, for indebtedness 
 
 of corporation; bank stockholders excepted. (Ore. XI 3; 
 
 W.Va. XI 2.) 
 To amount remaining due on stock, to creditors of insolvent cor- 
 porations. (S.C. IX 18.) 
 Voting Rights, See above, this title, Direotobs. 
 Street Railroads, See Street Railroads. 
 Suits 
 
 Against 
 
 Foreign corporations, See above, this title, Foreign Corpora- 
 tions. 
 Service of process, See above, this title, Service of Process on. 
 Limitations of time different from general law as to actions 
 against individuals forbidden; existing acts of such class void. 
 
 (Pa. Ill 21.) 
 May be brought as in the case of natural persons. (Ala. XII 
 240; Ariz. XIV 1; Cal. XII 4; Mich. XII 2; Minn. X 1; Mont. 
 XV 18; Nebr. Xlb 3; Nev. VIII 5; N.Y. VIII 3; N.C. VIII 3; 
 Utah XII 4; Wash. XII 5.) 
 May be sued in county where contract made or to be performed, 
 where obligation or liability arises or breach occurs or where 
 principal place of business located; subject to power of court 
 to change place of trial. (Cal. XII 16.) 
 May be sued in their corporate name. (Kan. XII 6.) 
 Want of legal organization no defense. (Ariz. XTV 13.)
 
 196 State Constitutions 
 
 CORPORATIONS (Cont'd) 
 
 Suits (Cont'd) 
 By 
 
 May be brought as in the case of natural persons. (Ala. XII 
 240; Ariz. XIV 1; Cal. XII 4; Mich. XII 2; Minn. X 1; Mont. 
 XV 18; Nebr. Xlb 3; Nev. VIII 5; N.Y. VIII 3; N.C. VIII 3; 
 Utah XII 4; Wash. XII 5.) 
 May sue in their corporate name. ( Kan. XII 6. ) 
 Want of legal organization no defense. (Ariz. XIV 13.) 
 Surety Companies, See Surety Companies. 
 Surrender of Eights 
 
 Acceptance of constitution, surrender of any tax exemption or non- 
 repealable feature of charter and of rights and privileges not con- 
 ferred on similar corporations conclusively presumed from accept- 
 ing or effecting amendment or extension of charter. (Va. XII 
 
 158.) 
 Acceptance of constitution, surrender of exemption from taxation or 
 from repeal of charter condition precedent to benefit of future legis- 
 lation. ( Md. II 48. ) 
 Provision to be made by general laws for voluntary surrender of 
 
 charters. (Va. XII 154.) 
 Taking of Franchises and Property, See Eminent Domain — Property 
 
 and Franchises of Corporations. 
 Taxation, See Taxation. 
 
 Telegraph Companies, See Telegraph Companies. 
 Telephone Companies, See Telephone Companies. 
 Term, See above, this title, Duration. 
 Toll Road Companies, See Roads. 
 
 Transmission Companies, See Transmission Companies. 
 Transportation Companies, See Transportation Companies 
 Trust Companies, See Trust Companies. 
 Trusts, See Monopolies and Trusts. 
 Turnpike Companies, See Roads. 
 Unused Charters, See above, this title, Charters. 
 Voting Rights, See above, this title, Directors. 
 Warehouses, See Warehouses. 
 
 CORRUPT PRACTICES 
 
 See Elections. 
 
 See Legislature — Members — Bribery. 
 
 See Public Officers — Bribery. 
 
 CORRUPT SOLICITATION 
 
 Of members of legislature, See Legislature. 
 Of public officers, See Public Officers. 
 
 CORRUPTION OF BLOOD, See Crimes — Punishment. 
 
 COSTS, See Courts. 
 
 COUNTIES 
 
 Under this title are digested all provisions relating specificaUi/ to coun- 
 ties. For provisions relating to municipalities and subdivisions of the 
 state generally, and hence to this class, See Municipalities.
 
 Inpkx Dkjf.st 197 
 
 COUNTIES (Cont'd) 
 
 For prorisions relating to p&uoer of comities and of con sol id a ted cities 
 and counties to frame their charters; Sde Municipal Home Rule — 
 
 POWF.K OF MUNICIPALITY TO I'KVMF.ItS CHARTER. 
 
 For other prbvikiobis relatikig to consolidated cities and counties, See 
 
 Cities. 
 For provisions relating to initiative and referendum, See Initiative and 
 
 Referendum. 
 
 Creation and Establishment 
 In General 
 
 State to be "divided into political divisions to be. eal. u 
 
 counties". (Fla. VIII 1.) 
 Xot to be more tban 145 counties in state; but in addition to 
 counties then provided for, specified and described new county 
 to be laid out. (Ga. XI Sec. I 2.) 
 New counties created to be statutory counties subject to existing 
 
 laws. (Ga. XI Sec. 12.) 
 
 Special provisions for election at time submission of constitution 
 
 to determine whether described new county to be created and 
 
 for its organization, if authorized by voters. (Md. XIII 2, 
 
 3, 4, 5.) 
 State divided into counties named and described in detail. 
 
 fOkla. XVII 8.) 
 Three specified established counties declared to be "' constitu- 
 tional counties". (Tenn. X 4.) 
 Legislature to constitute counties by law. (Vt. II 6.) 
 Counties constituting state named in constitution. (.W.Va. 
 
 II 1.) 
 Such parts of " beds, banks and shores " of state's boundary 
 rivers as lie opposite and adjoining the several counties of 
 state to form parts of such counties. (W.Va. II 1.) 
 
 Existing Counties Confirmed 
 
 Those existing time adoption constitution ratified and confirmed. 
 
 (Ala. II 38.) 
 Territorial counties as fixed by statute at time adoption consti- 
 tution declared to be counties of state until changed by law. 
 
 (Ariz. XII 2.) 
 Existing counties recognized as legal subdivisions of state. 
 
 (Cal. XI 1: Mo. IX 1: Tex. XI 1.) 
 Counties of territory declared counties of state. (Colo. XIV 1; 
 
 Mont. XVI 1; Wyo. XII l.i 
 " The special counties as they now exist are hereby recognized 
 
 as legal political divisions of the state." (Fla. VIII 2.) 
 Counties of territory existing time adoption of constitution 
 " herebv recognized as legal subdivisions" of state. (Tda. 
 
 XVIII 1 : Wash. XI 1.) 
 
 Continued with same names, boundaries and rights until changed 
 
 in accordance with constitution and laws of state. <X.M. 
 
 XXII 12.)
 
 198 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Creation and Establishment (Cont'd) 
 Existing Counties Confirmed (Cont'd) 
 
 Several counties of territory of Dakota north of specified line 
 
 declared to be counties of state. (N.D. X 166.) 
 Until changed by legislature as allowed by constitution bound- 
 aries of counties to remain as established time adoption con- 
 stitution. Special provision for change of boundaries to pro- 
 vide for formation of specified new county, boundaries of which 
 set forth in ordinance to constitution. ( S.C. VII 12.) 
 Existing counties to remain as they are unless changed according 
 
 to provision of constitution. ( S.D. IX 1.) 
 Constitution recognizes as legal subdivisions of state and con- 
 tinues until changed by law in pursuance of constitution. 
 
 (Utah XI 1.) 
 Formation of New Counties 
 
 Legislature to provide for by general and uniform laws. (Cal. 
 
 XI 3.) 
 Legislature may establish. (Fla. VIII 3.) 
 
 Special provision for creation specified new counties, of specified 
 names, boundaries and with specified county sites. (Ga. XI 
 
 Sec. I 2.) 
 Legislature to provide for. (Kan. IX 1.) 
 
 The general assembly may establish and organize new counties 
 
 (parishes). (La. 277.) 
 
 Legislature may provide for organizing; but not without consent 
 
 majority of legal voters residing within limits of proposed new 
 
 county. (Md. XITT 1.) 
 Legislature may from time to time establish and organize. 
 
 (Minn. XI 1.) 
 Erection of new counties by special and local legislation 
 
 forbidden. '(Minn. IV 33; Pa. ITT 7.) 
 Not to be formed unless majority of qualified electors " voting 
 in each part of the county or counties proposed to be dismem- 
 bered and embraced in the new county shall separately A'ote 
 therefor ". Question not to be submitted more than once in 
 four years. (Miss. XIV 260.) 
 Legislature to provide by general law for organizing. (N.D. 
 
 X 167.) 
 In organizing, all natural boundaries to be observed as nearly as 
 
 possible. (N.D. X 167.) 
 
 Laws creating not to take effect unless submitted to voters of 
 
 all counties affected and approved by majority of those voting 
 
 in each county at next general election. (Ohio II 30.) 
 
 Legislature to provide for creation by general laws. Proposition 
 
 for creation of new county to be approved by 60 per cent, of 
 
 votes cast in territory proposed to be established as a new 
 
 county, at an election held for the purpose. (Okla. XVII 4.) 
 
 Legislature may establish now counties in following manner: 
 
 When one-third qualified electors within area of proposed
 
 Index Digest 190 
 
 COUNTIES (Cont'd) 
 
 Creation and Establishment (XJont'd) 
 Formation of New Counties (Cont'd) 
 
 county petition governor for its creation setting forth bound 
 aries and shewing compliance with requirements, with this 
 article of constitution, governor to order election within 
 reasonable time by qualified electors within proposed area; 
 vote to be yes or no on question of creation new county. If 
 two-thirds qualified electors vote in favor of now county s 
 legislature to establish same at next session. No county to be 
 
 ' formed without compliance with all conditions imposed in this 
 article constitution. (S.C. VII 1, 2.) 
 
 Question of name of new count}' to be submitted to electors in 
 area of proposed new county, together with proposition to 
 create such county. (S.C. VII 1.) 
 
 Election on question of forming new county not to be held more 
 than once in four years. (S.C. VII 2.) 
 
 Legislature to provide for by general laws. (S.D. IX 1.) 
 
 May be established by legislature; detailed provisions for 
 organization of specified new counties. (Tenn. X 4.) 
 
 Legislature may create counties for convenience of people; but 
 in territory not included in any county time adoption con- 
 stitution no county to be created of less than 900 square miles 
 and in "square form" unless prevented by pre-existing bound- 
 ary lines; area may be less in border counties where state 
 lines so require; such territory may in advance of population 
 be organized into counties and attached to most convenient 
 organized countv for judicial and surveying purposes. (Tex. 
 
 IX I.i 
 
 Counties of less than 900 but of 700 or more square miles within 
 existing counties may be created by two-thirds vote of eaeh 
 house of legislature by yeas and nays entered on journals. 
 
 (Tex. IX 1.) 
 
 Not to be formed without consent of majority of voters residing 
 within boundaries of proposed new county voting on the 
 
 question. (W.Va. IX 8.) 
 
 Legislature to provide bv general law for organizing. (Wyo. 
 
 XII 2.) 
 
 Incorporation 
 
 "Each county of the state now or hereafter organized shall be a 
 
 body politic and corporate." (Ariz. XII 1.) 
 Each county " to be a body corporate " with such powers and 
 
 limitations as prescribed by law. (Ca. XI Sec. T 1.) 
 
 Newly established counties shall be bodies corporate. (La. 277.) 
 
 " Each organized county " to be body corporate with such powers 
 
 and immunities as shall be established by law. (Mich. VIII 1.) 
 
 Local or special legislation incorporating counties forbidden. 
 
 (Minn. IV 33.) 
 Each organized countv to be "body politic and corporate". 
 
 (Okla. XVII 1; S.C. VTT 0.)
 
 200 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Creation and Establishment (Cont'd) 
 County Seats 
 In General 
 
 Specified county may have two districts and two county 
 seats at which county, probate and circuit courts to be 
 held as provided by law " each district paying its own 
 
 expenses". (Ark. XIII 5.) 
 " Additions " to county town to be included and regarded 
 as part of county seat. (Mo. IX 2.) 
 
 Temporary Location 
 
 In formation of new counties, seats may lie located tempo- 
 rarily by provisions of law. (Ark. XIIT 3; X.D. X 167.) 
 
 Legislature may temporarily establish by law. (Fla. 
 
 VIII 4.) 
 
 Legislature to provide by general law for locating temporary 
 seats of new counties. ( Wyo. XII 2. ) 
 Location and Removal 
 
 Local or special legislation locating or changing prohibited. 
 (Ala. IV 104; Ariz. IV 19; Colo. V 25; 111. IV 22; Iowa 
 III 30; Ky. 59; Minn. IV 33; Mo. IV 53; Mont. V 26; 
 Nebr. Ill 15; N.M. IV 24; N.D. II 69; Okla. V 46; Pa. 
 Ill 7; S.D. Ill 23; Tex. Ill 56; Utah VI 26; Va. IV 63; 
 W.Va. VI 39; Wis. IV 31; Wyo. Ill 27.) 
 
 " No courthouse or county site " to be removed except by 
 majority vote qualified electors of county voting at elec- 
 tion held for purpose; special provision for specified 
 
 county. (Ala. II 41.) 
 
 Not to be established or changed without consent majority 
 qualified voters of county to be affected by change, nor 
 until place at which proposed to establish or change such 
 county seat is fully designated. (Ark. XIII 3.) 
 
 Local or special law changing forbidden. (Cal. IV 25; 
 
 Wash. II 28.) 
 
 Removal forbidden unless two-thirds qualified voters of 
 county voting on proposition at general election approve. 
 
 (Cal. XI 2.) 
 
 Legislature not to remove but to provide for removal by 
 general law. (Colo. XIV 2: Fla. VIII 4; Mont. XVI 2.) 
 
 Laws for removal not to take effect until submitted to 
 electors of counties affected and adopted by majority of 
 such electors at next general election (Colo. XTV 2; 
 
 Minn. XI 1; Ohio II 30.) 
 
 No county site to be changed or removed except by two- 
 thirds vote qualified voters of county voting at election 
 held for purpose and two-thirds vote of legislature. (Ga. 
 
 XT Sec. I 4.) 
 
 Local or special legislation changing seats forbidden unless 
 law authorizing shall require that two-thirds legal votes 
 cast at general or special election shall designate place
 
 Index Digest 201 
 
 COUNTIES (Cont'd) 
 
 Creation and Establishment (Cont'd) 
 County Seats (Cont'd) 
 
 Location and Removal (Cont'd) 
 
 to which seat to be changed; powers to pass special law 
 to cease as long as legislature provides for such change 
 by general law; and no special law to be passed for any 
 county more than once in six years. (Ida. Ill 19.) 
 Removal forbidden unless on petition of majority of qualified 
 electors and unless two-thirds of such electors voting on 
 proposition at general election approve. (Ida. XVIII 2.) 
 Not to be removed until new place fixed by law, and three- 
 fifths of voters of county, to be ascertained in manner 
 provided by law, shall have voted in favor of removal to 
 that place but when attempt is to move to point nearer 
 center of county, majority to be sufficient. (111. X 4.) 
 Legislature to provide for changing seats but not without 
 consent of majority of electors of county. (Kan. IX 1.) 
 No located seat to be removed except upon vote of two-thirds 
 
 of "those voting". (Ky. 64.) 
 All laws removing parish seats shall be submitted to the 
 electors of the parish affected thereby, and a two-thirds 
 vote of the electors is necessary for such removal. (La. 
 
 278.) 
 Legislature may provide by law for locating and removing. 
 
 (Md. XIII 1.) 
 
 Established seat not to be removed until proposed place is 
 
 designated by two-thirds of county board of supervisors 
 
 and majority of electors voting thereon approve proposed 
 
 location in such manner as law prescribes. (Mich. 
 
 VIII 13.) 
 
 Removal forbidden unless authorized by two-thirds of 
 
 electors of county voting therefor, but when proposed 
 
 removal is toward center of county it may be made when 
 
 majority of electors participating in election shall vote 
 
 therefor. (Miss. XIV 259, 260.) 
 
 Legislature not to remove but to provide for by general law. 
 
 Not to be removed unless two-thirds of qualified voters of 
 
 county voting on proposition at a general election vote 
 
 therefor. (Mo. IX 2.) 
 
 Not to be removed unless majority qualified electors at 
 
 general election on proposition to remove shall vote 
 
 therefor. (Mont. XVI 2.) 
 No county seat, where there are county buildings, to be 
 removed without approval three-fifths of votes cast by 
 qualified electors on the question at election held as pro- 
 vided by law. (X.M. X 2.) 
 Private or local legislation locating or changing forbidden 
 
 except revision commission bills. (N.Y. Ill 18. 23.) 
 Legislature to provide by general law for changing county 
 seats in organized counties, but has no power to remove 
 county seat of such counties. (N.D. X 169.)
 
 202 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Cbeation and Establishment (Cont'd) 
 County Seats i ( 'ont'd 
 
 Location and Removal (Cont'd) 
 
 Legislature to provide by general laws for original location 
 of county seats in new counties, provided question sub- 
 mitted to qualified electors residing in territory formed 
 into new and approved by 60 per cent, of votes cast. 
 
 (Okla. XVII 4.) 
 
 After expiration of limited time (April 1, 1909) within 
 which county seats may be removed under special pro- 
 visions then existing, county seats may be removed by 
 county election (details for which are contained in the 
 constitution), but town, city or place to which removal 
 is sought must receive two-thirds of votes cast at election 
 on question of removal. (Okla. XVII 6.) 
 
 Constitution designates seat of each of counties into which 
 state divided; places so specified to remain county seats 
 until changed by vote of qualified electors in manner 
 
 provided. (Okla. XVII 8, 6.) 
 
 Laws locating may be made to take effect or not upon vote 
 of electors interested. (Ore. I 21.) 
 
 Question of location of county seat to be submitted to 
 electors in area of proposed new county, together with 
 proposition to create such county. (S.C. VII 1.) 
 
 Removal forbidden without approval two-thirds vote of 
 qualified electors of county voting at election held for 
 
 purpose. (S.C. VII 8.) 
 
 Where majority of voters petition for change to specified 
 place of seat once fixed by majority vote of county, 
 county board to submit question to people at next general 
 election, and if approved by two-thirds votes cast at said 
 election, county seat shall be changed, otherwise not; but 
 where the proposition is to change seat from point not 
 on railroad to a railroad seat three-fifths vote shall be 
 sufficient to ratify such change. (S.D. IX 3.) 
 
 Where not previously located by majority vote, county 
 board to submit the location of seat to electors at general 
 election and place receiving majority of votes cast at such 
 election shall be county seat. (S.D. IX 2.) 
 
 Legislature to provide for location by general laws. (S.D. 
 
 IX 1.) 
 
 Removal prohibited without concurrence two-thirds qualified 
 voters of county but this not to apply to two specified 
 
 counties. (Tenn. X 4.) 
 
 Seat of justice of old county reduced to form new not to be 
 removed without concurrence of two-thirds both branches 
 
 legislature. (Tenn. X 4.) 
 
 Legislature to pass laws regulating manner of removal; 
 none situated within five miles of geographical center of
 
 Index Digest 203 
 
 COUNTIES (Cont'd) 
 
 Ckeatiox asd Establishment (Cont'd) 
 County Seats (Cont'd) 
 
 Location and Removal (Cont'd) 
 
 county to be removed except by two-thirds vote of electors 
 voting thereon; majority such electors may remove county 
 seat from point more than five miles from geographical 
 center to point within five miles thereof; center to be 
 determined by certificate commissioner of land office. 
 
 (Tex. IX 2.) 
 
 Not to be moved unless two-thirds of qualified electors of 
 
 county voting on the question at general election favor; 
 
 two-thirds of votes cast on proposition required to relocate 
 
 seat. (Utah XI 2.) 
 
 Forbidden unless three-fifths qualified electors of county 
 
 voting on proposition at general election shall approve. 
 
 Three-fifths of all votes cast on proposition required to 
 
 relocate seat. (Wash. XI 2.) 
 Private or special legislation locating seats forbidden; but 
 not to apply to creation of new counties. (Wash. II 28.) 
 Removal forbidden until new location is fixed by law and 
 majority of the voters of the county voting on the ques- 
 tion approve of removal to that location. (Wis. XIII 8.) 
 Legislature to provide by general law for location in organ- 
 ized counties, but may not itself remove. (Wyo. XII 3.) 
 
 Election to Determine Removal 
 
 Proposition to change seat not to be submitted more than 
 once in four years. (Ala. II 41; Cal. XI 2; Colo. XIV 2; 
 Miss. XIV 260; Mont. XVI 2; S.D. IX 3; Utah XI 2; 
 
 Wash. XI 2.) 
 
 No person to vote at county seat removal election who has 
 
 not resided in county six months and in precinct 90 
 
 days. (Colo. XIV 2; Ida. XVIII 2; 111. X 4.) 
 
 Proposition to remove not to be submitted in same county 
 
 more than once in six years except as provided by laws 
 
 existing time adoption constitution. (Ida. XVIII 2.) 
 
 Question of removal not to be submitted more than once in 
 
 10 years. (111. X 4.) 
 Proposition to remove not to be submitted to voters more 
 
 than once in five years. (Mo. IX 2.) 
 Proposition not to be submitted in same county more than 
 
 once in eight years. (N.M. X 2.) 
 Elections for removal not to occur at intervals of less than 
 
 10 years. (Okla. XVII 6.) 
 
 Detailed provisions respecting elections for removal of seats 
 
 within specified time after adoption constitution. (Okla. 
 
 XVII 6.) 
 Election on question of removal not to be held in same 
 county more than once in five years. (S.C. \ II 8.)
 
 204 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Creation and Establishment (Cont'd) 
 Boundaries 
 
 Change of Lines 
 
 Legislature may by two-thirds vote of each house designate 
 boundaries which shall not be altered except by like vote. 
 
 (Ala. II 39.) 
 Legislature may provide for by general and uniform laws. 
 
 (Cal. XI 3.) 
 Legislature may change. (Fla. VIII 3.) 
 
 Forbidden unless under operation of general law for that 
 
 purpose. (Ga. XI Sec. I 3.) 
 
 Metes and bounds to remain as prescribed by "law time 
 
 adoption constitution unless changed as constitution 
 
 provides. (Ga. XI Sec. I 1.) 
 
 Laws for not to take effect until submitted to electors of 
 
 counties affected and adopted by majority of such electors 
 
 at next general election. ( Iowa III 30 ; Minn. XI 1 ; N.D. 
 
 X 168; Ohio II 30.) 
 Legislature may provide for. (Kan. IX 1; N.D. X 1G7.) 
 All laws changing lines shall be submitted to the electors of 
 the parish or parishes affected thereby. A two-thirds vote 
 of such electors necessary to change. (La. 278.) 
 Legislature may provide for by law; but not without con- 
 sent of majority voters of district which by change would 
 be in county different from that prior to change. (Md. 
 
 XIII 1.) 
 Special and local legislation forbidden. (Minn. IV 33; Pa. 
 
 Ill 7.) 
 Local or special legislation forbidden, except in creating 
 
 new cc.unties. (N.M. IV 24; Wash. II 28.) 
 Natural boundaries to be observed as nearly as possible. 
 
 (N.D. X 167.) 
 Legislature to provide by general laws for altering or chang- 
 ing lines. Proposition to change lines to be approved by 
 60 per cent, of votes cast in territory proposed to be trans- 
 ferred to another county and by a majority of the electors 
 of the county to which it is proposed to add such territory. 
 
 (Okla. XVII 4.) 
 Legislature may alter county lines at any time; but before 
 existing county line is altered, question to be submitted 
 to qualified voters of territory proposed to be taken from 
 one county and given to another and approved by two- 
 thirds of vote cast. S.C. VII 7.) 
 Special provision for change of boundaries to provide for 
 formation of specified new county, boundaries of which set 
 forth in ordinance to constitution. (S.C. VII 12.) 
 No change of county lines to result in reduction of county 
 from which territory taken " below the limits prescribed 
 by sections 3, 4 and 5 of this article ". ( Sec. 4 forbids
 
 Index Digest 205 
 
 COUNTIES (Cont'd) 
 
 Creation and Establishment (Cont'd) 
 Boundaries (Cont'd) 
 
 Change of Lines (ConA'<l) 
 
 reduction of area of any county to less than 500 square 
 miles, $8,000,000 of assessed taxable property, and lo,000 
 inhabitants; and section 5 forbids the cutting of old 
 counties within eight miles of its courthouse. Sec. 3 for- 
 bids the creation of new counties of less than one one 
 hundred and twenty-fourth (1/124) part of inhabitants 
 of state, one and one-half millions of assessed taxable 
 property or 400 square miles. It would seem that only 
 4 can apply to a change of county lines affecting a reduc- 
 tion of old counties.) (S.C. VII 7.) 
 Legislature to provide for changing by general laws. ( S.D. 
 
 IX 1; Wyo. XII 2.) 
 In counties organized, change of lines, not to take effect 
 until submitted to voters of counties affected at next gen- 
 eral election and adopted by majority of voters interested 
 in each county at such election. (S.D. IX 1.) 
 
 [jimitntion on Location of Lines 
 
 Lines not to be altered or changed, or in case of new counties 
 established so as to run within seven miles of courthouse 
 
 of old county. (Ala. II 40.) 
 
 Lines of new county not to run within 10 miles of seat of 
 
 county proposed to be divided; except count}' seat of 
 
 specified county. (Ark. XIII 4.) 
 
 Lines of new counties not to pass within five miles of 
 
 exterior boundary of city or town in which is located 
 
 county seat of any county thereby divided. (Cal. XI 3.) 
 
 County lines not to pass within 10 miles of county seat of 
 
 any county proposed to be divided. (111. X 1; Mo. IX 3; 
 
 Okla. XVII 4; Pa. XIII 1.) 
 Lines of new counties not to pass within 10 miles of county 
 seat of county proposed to be divided; but this does not 
 prevent legislature abolishing any county. ( Ky. 63.) 
 No lines to be established so as to pass through any incor- 
 porated city or town. (S.C. VII 14.) 
 In creation of new county, no old county to be "cut within 
 
 eight miles of its courthouse, building". (S.C. VII 5.) 
 No new county to be created to approach nearer than 12 
 miles to county scat of county from which taken. (Tex. 
 
 IX I.) 
 
 No line of new county to approach nearer than 11 miles 
 
 to courthouse of old county from which new county taken; 
 
 rletailerl provisions for organization of specified new 
 
 counties. (Tenn. X 4.) 
 
 Division 
 
 X T o part of county to be taken off to form new county or part 
 thereof without consent majority voters in such part proposed 
 
 to be taken off. (Ark. XIII 2.)
 
 206 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Creation and Establishment (Cont'd) 
 Division (Cont'd) 
 
 No part of county to be stricken therefrom without referendum 
 to people of county, and approval of majority of legal voters 
 of county voting on question. (Colo. XIV 3; 111. X 2; Nebr. 
 
 X 2.) 
 
 Division forbidden unless majority qualified electors of territory 
 proposed to be cut off voting on proposition at general election 
 approve division; this does not apply to new counties. No 
 person to vote at such election who has not been resident for 
 90 days of territory proposed to be annexed. (Ida. XVIII 3.) 
 
 No territory to be stricken from county unless majority of voters 
 of that territory shall petition for such division. (111. X 3; 
 
 Ky. 65; Nebr. X 3.) 
 
 No county to be divided or have any portion stricken off " except 
 in the formation of new counties " without submitting ques- 
 tion to a vote of people of county, nor unless majority of legal 
 voters of county voting on question shall approve. (Ky. 64.) 
 
 No county to be reduced to less than 16 townships as sur- 
 veyed by United States unless in pursuance of law majority of 
 electors voting on the question in each county affected shall 
 
 so decide. (Mich. VIII 2.) 
 
 Question of division or reduction to be submitted to people (sec. 
 4 says " qualified voters " ) of county and majority of all 
 qualified voters of the " counties thus affected " voting on the 
 question necessary to adoption. (Mo. IX 3, 4.) 
 
 Nothing in legislative apportionment provisions of constitution 
 to prevent division of by legislature. (N.Y. Ill 5.) 
 
 Any county of 100,000 may be divided when majority of voters 
 residing in each of proposed divisions approve of the law 
 passed for that purpose; but no town or city in such county 
 shall be divided and none of the divisions shall contain less 
 
 than 20,000. (Ohio II 30.) 
 
 No territory to be transferred from one county to existing 
 county if by such transfer county from which territory taken 
 is made smaller in area than county to which such territory 
 
 added. (Okla. XVII 4.) 
 
 No section of old county to be cut off without consent of two- 
 thirds vote of those voting in such section. (S.C. VII 2.) 
 
 No part of existing county to be stricken therefrom to form new 
 county or part thereof without consent of two-thirds qualified 
 voters in part so proposed to be stricken off. (Tenn. X 4.) 
 
 Described portion of specified county detached therefrom and 
 added to specified adjoining county. (Tenn. X 4.) 
 
 No part of a specified county to be taken to form a new county 
 or to be attached to any adjoining county (this is not one of 
 the counties declared to be a constitutional county). (Tenn. 
 
 X 4.)
 
 Index Digest 20" 
 
 COUNTIES [Cont'd) 
 
 Creation and Establishment (Cont'd) 
 Division (Cont'd) 
 
 Legislature to divide counties "into districts of convenient size 
 so that the whole number in the county shall not be more 
 than 25, or four for every 100 square miles ". (Tenn. VI 15.) 
 
 No part of existing county to be detached and attached to other 
 existing county until proposition submitted in manner pro- 
 vided by law to electors of both counties and approved by 
 majority those voting on questions in each. (Tex. IX 1.) 
 
 No territory to be stricken off unless majority of voters living 
 in territory stricken off shall vote therefor, and then only 
 under conditions prescribed by law. (Utah XL 3.) 
 
 Any county whose length is three times its mean breadth or 
 which exceeds 50 miles in length may be divided at the dis- 
 cretion of the legislature (without regard to the limitation 
 of 600 square miles for the formation of new counties). (Va. 
 
 IV 61.) 
 
 No territory to be stricken from any county unless petitioned 
 for by majority of voters living in such territory and then 
 only under conditions prescribed by general law applicable to 
 
 entire state. (Wash. XI 3.) 
 
 No county. of 900 square miles or less to be divided or have any 
 
 part stricken therefrom without referendum and approval of 
 
 a majority of all legal voters of the county voting on the 
 
 i question. (Wis. XIII 7.) 
 
 No county to be divided unless majority of qualified electors of 
 part to be stricken off voting on proposition approve. (Wyo. 
 
 XII 2.) 
 Abolishment and Consolidation 
 
 Any county may be dissolved and merged with contiguous coun- 
 ties by two-thirds vote qualified electors of dissolved county 
 voting at election held for purpose. (Ga. XI Sec. T 5.) 
 
 Any parish may be dissolved and merged by the general assembly 
 into a contiguous parish or parishes, on a two-thirds vote of 
 the electors of the parish proposed to be dissolved. But the 
 parish or parishes into which the dissolved parish is to 
 become incorporated must consent thereto by majority of its 
 
 qualified electors. (La. -270.) 
 
 Specific provision for abolishment of named county and merging 
 it with specified county. (Minn. XI 7.) 
 
 Legislature may provide for consolidation of existing counties 
 if majority qualified electors of such counties voting at elec- 
 tion held for that purpose approve. (Miss. XIV 271.) 
 
 Legislature may abolish Hamilton and annex its territory to 
 
 other counties. (X.Y. TTT 5.) 
 
 When aggregate value of taxable property is less than $2,500,000, 
 county may be declared "unorganized" and attached to the 
 adjoining county with lowest valuation of taxable property 
 on vote of majority of qualified electors of county at election
 
 208 State Constitutions 
 
 COUNTIES {Cont'd) 
 
 Creation and Establishment (Cont'd) 
 Abolishment and Consolidation (Cont'd) 
 
 held for purpose. Counties so attached to remain " unorgan- 
 ized " until by similar petition and vote qualified electors 
 thereof declare in favor of separate organized county existence. 
 While so " unorganized " such county to be in all respects 
 part of county to which united. (Okla. XVII 5.) 
 Legislature to provide for consolidation of two or more existing 
 counties if majority qualified electors of such counties " shall 
 vote separately therefor "'. Such election not to be held more 
 than once in four years in same counties. (S.C. VII 10.) 
 
 Minimum Area 
 
 Establishment of New 
 
 New county not to be formed of less than 600 square miles. 
 
 Special provision for specified new county. (Ala. II 39.) 
 
 No county to be established with less than 600 square miles, 
 
 but this not to apply to specified counties or to prevent 
 
 changing of lines between specified counties. (Ark. 
 
 XIII 1.) 
 Four hundred square miles. (Ida. XVIII 4; 111. X 1; Md. 
 XIII 1; Miss. XIV 260; Minn. XI 1; Nebr. X 1; Ohio II 
 30; Ore. XV 6; Pa. XIII 1; S.C. VII 3; W.Va. IX 8.) 
 No new county to be created of less than 432 square miles; 
 except that specified counties may be organized " without 
 additional territory". (Iowa XI 2.) 
 Four hundred and thirty-two square miles. (Kan. IX 1.) 
 No new county to be formed of less than 400 square miles: 
 but this does not prevent legislature abolishing any 
 
 county. (Ky. 63.) 
 Legislature not to establish any county of less than 410 
 
 square miles. (Mo. IX 3.) 
 Twenty-four "congressional townships ". (N.D. X 167.) 
 No new county to be formed of less than 400 square miles 
 " taxable area ". Legislature not to increase this limita- 
 tion. (Okla. XVII 4.) 
 No new county to be organized to include less than 24 con- 
 gressional townships as near as may be without dividing 
 a township or fractional township. (S.D. IX 1.) 
 Two hundred and seventy-five square miles with special 
 provision for organization of specified new counties. 
 
 (Tenn. X 4.) 
 No new countv to be created of less than 000 square miles. 
 
 (Tex. IX 1.) 
 In territory organized into counties at time adoption con- 
 stitution, no new county to be created of less than 700 
 
 square miles. (Tex. IX 1.) 
 
 No new county to be formed of less than 600 square miles. 
 
 But any county whose length is three times its mean 
 
 breadth, or which exceeds 50 miles in length, may be 
 
 livided at the discretion of the legislature. (Va. IV 61.)
 
 Ixi>kx Digest 2C9 
 
 COUNTIES (Confd) 
 
 Creation and Establishment {('oh I'd) 
 Minimum Area (Cont'd) 
 Reduction of Old 
 
 Six hundred square miles. Special provision for specified 
 
 old counties. ( A la. II 39. ) 
 
 Six hundred square miles, but this not to apply to specified 
 
 counties, or to prevent changing lines between specified 
 
 counties. (Ark. XIII l.j 
 
 Four hundred square miles. (Ida. XVIII 4; 111. X 1: Mil. 
 
 XIII 1; Minn. XI 1; Miss. XIV 260; Nebr. X 1; Ohio II 
 
 30; Ore. XV 6; Pa. XIII 1; W.Va. IX 8.) 
 
 Not to be reduced to less than 400 square miles and any 
 
 county under that area not to be further reduced. (Ind. 
 
 XV 7.) 
 Four hundred and thirty-two square miles. ( Iowa XI 2 ; 
 
 Kan. IX 1.) 
 Four hundred square miles; but this does not prevent legis- 
 lature abolishing any county. (Ky. 63.) 
 Six hundred and twenty-five square miles. (La. 277.) 
 Four hundred and ten square miles. (Mo. IX 3.) 
 Twenty-four "congressional townships''. (N.D. X 167.) 
 Four hundred square miles "taxable area". Legislature not 
 
 to increase this limitation. (Okla. XVII 4.) 
 Not to be reduced to less than 500 square miles. (S.C. VII 
 
 3; Tenn. X 4.) 
 
 Twenty-four congressional townships as near as may be 
 
 without dividing a township or fractional township. 
 
 (S.D. IX- 1.) 
 • No old county to be reduced to less than 500 square miles 
 by formation of new; with special detailed provisions for 
 organization of specified new counties. (Tenn. X 4.) 
 Seven hundred square miles in territory organized into coun- 
 ties time adoption constitution. (Tex. IX 1.) 
 Existing counties may be reduced in area to not less than 
 700 square miles by two-thirds vote of each house by yeas 
 and nays entered on journals. (Tex. IX 1.) 
 Six hundred square miles. Any county whose length is 
 three times its mean breadth, or which exceeds 50 miles 
 in length may be divided at discretion of legislature. (Va. 
 
 IV 61.) 
 
 Increase of Area 
 
 No territory to be added to " any county ", without consent of 
 majority of voters of county to which it is to be added. (111. 
 
 X 3.) 
 Counties established prior to constitution may be enlarged. 
 
 (Minn. XT 1.) 
 
 No territory to be added to " any organized territory " without 
 
 consent of majority of voters of county to which it is to be 
 
 added. (Nebr. X 3.)
 
 210 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Creation and Establishment (Cont'd) 
 Increase of Area (Cont'd) 
 
 No territory to be added to a county unless majority of voters 
 living in "county to which it is to be annexed" shall vote 
 therefor and then only under such conditions as prescribed by 
 
 law. (Utah XI 3.) 
 Minimum Population 
 
 Establishment of New 
 
 No county to be formed unless contains sufficient population 
 to entitle it to one representative under ratio of repre- 
 sentation existing at time of its formation. (Ala. II 39.) 
 No new county to be established with less than 5,000 in- 
 habitants, but this not to apply to specified counties or 
 to prevent change of lines between specified counties. 
 
 (Ark. XIII 1.) 
 Eight thousand. (Cal. XI 3.) 
 
 No county to be created of less than 12.000 inhabitants. 
 
 (Ky. 64.) 
 No new county to be created with less than 10,000 " white 
 
 inhabitants". (Md. XIII 1.) 
 Where new county formed with less than " a ratio of rep- 
 resentation " it shall be attached for representative pur- 
 poses to county from which most of its territory was 
 taken until it has such ratio. (Mo. IX 3.) 
 Erection of new forbidden unless population sufficient to 
 entitle it to one member; of the state assembly. (N.Y. 
 
 Ill 5.) 
 Ten hundred bona fide inhabitants. (N.D. X 1G7.) 
 No new county to be formed of less than 15,000 people. 
 Legislature not to increase this limitation. (Okla. 
 
 XVI 1 4.) 
 Twelve hundred. (Ore. XV 0.) 
 Twenty thousand. (Pa. XIII 1.) 
 
 None to be formed containing less than one one hundred 
 twenty-fourth (1/124) part of whole number of in- 
 habitants of state. (S.C. VII 3.) 
 Seven hundred qualified voters, with special provision for 
 
 organization of specified new counties. (Tenn. X 4.) 
 No county to be established containing less than 2,000. 
 
 (Wash. XI 3.) 
 Six thousand. (W.Va. IX S.) 
 
 No new county to be created with less than 1,500 " bona fide 
 
 inhabitants". (Wyo. XII 2.) 
 Reduction of Old 
 
 Sufficient inhabitants to entitle to separate representation 
 under ratio existing at time of its reduction. (Ala. II 
 
 39.) 
 
 Five thousand inhabitants, but this not to apply to specified 
 
 counties or to prevent change of lines between specified 
 
 counties. (Ark. XIII 1.)
 
 I \ni:x ! )|(.i:st 2 1 1 
 
 COUNTIES (Cont'd) 
 
 Creation and Establishment (Cont'd) 
 Minimum Population (Cont'd) 
 Reduction of Old (Cont'd) 
 
 No new county to be established which reduces any exist- 
 ing county to less than 20.001) population. (Cal. XI 3; 
 
 Pa. XIII 1.) 
 Twelve thousand inhabitants. ( Ky. 64.) 
 Seven thousand inhabitants. ( La. 277.) 
 Ten thousand white inhabitants. (Md. XIII 1.) 
 No county established at time adoption constitution to be 
 reduced to less than " required for a ratio of representa- 
 tion existing at the time*'. (Mo. IX 3.) 
 Ten hundred "bona fide inhabitants". (N.D. X 167.) 
 Fifteen thousand people. Legislature not to increase limi- 
 tation. (Okla. XVII 4.) 
 Not to be reduced to less than 15,000. (S.C. VII 3.) 
 No county to be reduced to less than 8,000. (Va. IV 61.) 
 Four thousand. (Wash. XI 3.) 
 Six thousand. ( W.Va. IX 8. ) 
 
 Fifteen hundred " lona fide inhabitants". (Wyo. XII 2.) 
 Minimum Property Value 
 
 No new county to be formed of and no old county to be reduced 
 to less taxable property than $1,000,000 as shown by last 
 previous assessment. (Ida. XVIII 4.) 
 No new county to be formed with and no old county to be re- 
 . duced to "taxable wealth" of less than $2,500,000 as shown 
 
 by current tax rolls. Legislature not to increase this limita- 
 tion. (Okla. XVII 4.) 
 No county to be formed of less assessed taxable property than 
 $1,500,000 as shown by last tax return. $2,000,000 limit for 
 reduction of old county. (S.C. VII 3.) 
 Two million dollars as shown by last preceding tax returns. 
 $3,000,000 limit for reduction of old county. (Wyo. XII 2.1 
 Apportionment of Assets 
 
 Whenever a parish is enlarged or created from contiguous ter- 
 ritory it shall be entitled to a just proportion of the property 
 and assets of the parish or parishes from which such ter- 
 ritory was taken. (La. 280.) 
 Legislature to provide by general law for equitable division of 
 assets on the erection of new counties or altering and changing 
 
 new county lines. (Okla. XVII 4.) 
 Legislature to provide by general, special or local law for divi- 
 sion of property and assets of any county existing in the 
 territory of Oklahoma, between such county and any new 
 county created out of territory of such county. (Okla. Sched. 
 
 20.) 
 If legislature fails to divide property and assets of territorial 
 counties between any county and any other county created out 
 of its territory, jurisdiction for this purpose conferred on 
 
 supreme court. (Okla. Sched. 38.)
 
 212 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Creation and Establishment (Court/) 
 Apportionment of Assets (Cont'd) 
 
 Portions taken from old county to form new or to add to another 
 county to be entitled to " their proportion of any stocks or 
 credits belonging to such old counties ". ( Tenn. X 4. ) 
 Apportionment of Debt 
 
 County enlarged or created from territory taken from other 
 county, to be liable for just proportion of existing debts of 
 county from which territory taken. (Cal. XI .3.) 
 
 Part of county stricken off and added to another county to be 
 held to pay its ratable proportion of all then existing lia- 
 bilities of county from which taken. (Colo. XIV 5; Ida. 
 
 XVI II 3; Mo. IX 4.) 
 
 New county to assume equitable proportion of debt of counties 
 reduced to form it. (Colo. XIV 4; Mo. IX 3; S.C. VII 5; 
 
 Wyo. XII 2.) 
 
 New county to be liable " for its proportion of the then existing 
 liabilities of the county or counties from which it shall be 
 formed, rated upon the basis of the assessed value of the prop- 
 erty both real and personal subject to taxation within the 
 territory taken from any county or counties". (Fla. VIII 3.) 
 
 County acquiring additional territory from other county to be 
 liable for " its proportion of the liabilities of such other 
 county existing at the time of such acquisition, to be rated 
 upon the basis of the assessed value of all property subject to 
 taxation within such acquired territory''. (Fla. VIII 3.) ( 
 
 Portion stricken from one county and added to another or 
 formed into new county to be liable for its proportion of in- 
 debtedness of county from which taken. (111. X 3; Ky. 65; 
 
 Nebr. X 3.) 
 
 Whenever a ^parish is enlarged or created from contiguous ter- 
 ritory it shall be liable for a just proportion of the existing 
 debts or liabilities of the parish or parishes from which such 
 
 territory was taken. (La. 2S0. ) 
 
 Detailed provisions submitting proposition to create specified 
 new county include provision that when created the in- 
 habitants of the new county shall cease to have any interest 
 in county buildings and other public property belonging to 
 old counties and shall be liable for proportionate share of 
 existing debts of said counties according to the last assess- 
 ment in said counties to be ascertained and apportioned by 
 the circuit court of such old counties and the property in 
 each part of the old counties which may be included in the 
 new county is subjected only to the debts of the county from 
 which it was taken. (Md. XIII 3.) 
 
 Where new county formed from territory of old county or where 
 any county to which territory has been added by striking it 
 from another county shall fail to pay its proportion of debts 
 of old county then latter may levy and collect by taxation " the
 
 Index Digest 213 
 
 COUNTIES (Cont'd) 
 
 Creation and Establishment [Cont'd) 
 Apportionment of Debt (Cont'd) 
 
 duo proportion of indebtedness of such territory " in same man 
 nor as if the said territory bad not been stricken off. i Mo. 
 
 IX 5.) 
 New county to be held to pay its ratable proportion of all then 
 existing liabilities of the county or counties from which it is 
 formed, less the ratable proportion of the value of the eountj 
 buildings and property of the county or counties from which 
 it is formed; this not to prevent readjustment of count} line- 
 between existing counties. (Mont. XVI 3.) 
 In ease part of county stricken off and added to another, the 
 latter shall assume and be liable for "equitable proportion of 
 the indebtedness of the county so reduced". (N.D. X 168.) 
 Legislature to provide by general law for equitable division of 
 liabilities on the erection of new counties or altering and 
 changing new county lines. (Okla. XVII 4.) 
 Legislature to provide by general, special or local law for di- 
 vision of liabilities of any county existing in the territory of 
 Oklahoma, between such county and any new county created 
 out of territory of such county. (Okla. Sched. 20.) 
 If legislature fails to divide liabilities of territorial counties 
 between any county and any other county created out of its 
 territory, jurisdiction for this purpose conferred on supreme 
 
 court. (Okla, Sched. 38.) 
 "Proper proportion" of existing county debt of section trans- 
 ferred to another county to be assumed by county to which 
 such territory transferred. (S.C. VII 7.) 
 Portions of old counties detached to form new or added to 
 another county to continue liable " for their pro rata of all 
 debts contracted by their respective counties prior to separa- 
 tion ". (Tenn. X 4.) 
 Part stricken off to pay its proportion of then existing liabilities 
 of county from which taken, in manner prescribed by law. 
 
 (Tex. IX I.) 
 (dunty enlarged or created from territory taken from other 
 county to be liable for "just proportion of the existing debts 
 and liabilities" of county from which territory taken, but 
 "in such accounting neither county shall be charged with any 
 debt or liability then existing incurred in the purchase of 
 any county property or in the purchase or construction of any 
 county buildings then in use or under construction which 
 shall fall within and be retained by the county". (Wash. 
 
 XI 3.) 
 ' Provisions apportioning debt of county from which territory 
 
 taken not to affect rights of creditors. (Wash. XI 3.) 
 Internal Organization and Administration 
 
 For provisions as to county commissioners, See below, tins title, 
 
 . Commissioners.
 
 214 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Internal Organization and Administration (Cont'd) 
 In General 
 
 Legislature to provide uniform system of government through- 
 out state. (Gal. XI 4; Nev. IV 25; Utah XI 4; Wash. XI 4.) 
 Legislature to establish uniform system of government " which 
 shall be applicable except in cases where local or special laws 
 are provided by the legislature that may be inconsistent there- 
 with ". (Fla. Ill 24.) 
 Tribunals or offices created by legislature for transaction of 
 county matters to be uniform throughout state of same name, 
 jurisdiction and remedies except that legislature may provide 
 for appointment of commissioners of roads and revenues in 
 
 any county. (iGa. XI Sec. Ill 1.) 
 Suits by or against to be in name of county. (Ga. XI Sec. I 
 
 * I; Mich. VIII 1.) 
 Subject to provisions of this article of constitution legislature 
 to establish system of county government which shall be uni- 
 form throughout state. (Ida. XVIII 5.) 
 Legislature to establish " but one system of county government 
 which shall be as nearly uniform as practicable''. (Wis. IV 
 
 23.) 
 Township Organization 
 
 For provisions relating to townships, See Townships. 
 Authorized when majority qualified electors voting at general 
 
 election approve. (Cal. XI 4.) 
 
 Subject to provisions of this article of constitution legislature 
 
 by general laws shall provide for township and precinct 
 
 organization. (Ida. XVIII 5.) 
 Where county has adopted township organization question of 
 continuing, same may be submitted to voters of county at gen- 
 eral election in manner provided by law; such organization 
 to cease if majority of votes cast on the question be against 
 such organization and all laws applicable to counties not 
 having township organization thereupon immediately to take 
 effect and to be in force in such county. (111. X 5.) 
 Counties may be under township organization when majority of 
 legal voters of county voting on proposition at general elec- 
 tion shall so determine. (Mo. IX 8.) 
 Where county has adopted township organization question of 
 continuing it. may be submitted to electors of county at gen- 
 eral election in manner provided by law and if majority of 
 all votes east upon that question shall be against such or- 
 ganization it shall cease in that county. (Mo. IX 9.) 
 Where voters of county which has adopted township organiza- 
 tion vote in favor of discontinuing it then " all laws in force 
 in relation to counties not having township organization shall 
 immediately take effect and be in force in such county". 
 
 (Mo. IX 9.;
 
 Index Digest 215 
 
 COUNTIES (Cont'd) 
 
 Internal Organization and Administration {Cont'd) 
 Township Organization {Cont'd) 
 
 Majority county voters voting at any general election may or- 
 ganize county under general law providing for township or- 
 ganization. (111. X 5; Nebr. X 5.) 
 After adoption of township organization question of its con- 
 tinuance may be submitted to county electors at general elec- 
 tion in manner provided by law. (111. X 5; Nebr. X 5.) 
 Legislature to provide by general law for " township organiza- 
 tion ", under which any county may organize when majority 
 of voters of county voting at general election shall so deter- 
 mine. (N.D. X 170.) 
 When a county adopts " township organization " provisions of 
 constitution as to management of " fiscal concerns " by board 
 of commissioners may be dispensed with by majority of votes 
 at any general election. (N.D. X 170.) 
 Township organization may be abolished by majority of legal 
 voters voting on proposition at general or special election; 
 detailed provisions for calling election. If township govern- 
 ment abolished, duties previously performed by township offi- 
 cers to be performed by county officers having like duties in 
 relation to county as township officers have in relation to 
 township. Question of returning to township government may 
 be submitted at any general election subsequently and ma- 
 jority of votes cast on the question to re-establish it. (Okla. 
 
 V 5a.) 
 Legislature to provide by general law for organization into 
 
 townships. (S.D. IX 4.) 
 Legislature may provide by general law township organization 
 under which county may organize when majority qualified 
 electors of county voting at general election shall so deter- 
 mine. (Wash. XI 4.) 
 May adopt township organization and government when ap- 
 proved by majority of citizens of county voting at general 
 
 election. (Wyo. XII 4.) 
 Administration by Court 
 
 For judicial functions of county courts, See Courts — County 
 
 Courts. 
 
 County courts to have exclusive original jurisdiction " in all 
 matters relating to county taxes, roads, bridges, ferries, 
 paupers, bastardy, vagrants, the apprenticeship of minors, the 
 disbursement of money for county purposes and in every other 
 case that may be necessary to the internal improvement and 
 local concerns of the respective counties". (Ark. VII 28, 29.) 
 
 County court to be held by one judge except in cases otherwise 
 provided in constitution. (Ark. VII 28, 29.) 
 
 County courts provided for in this constitution shall be regarded 
 in law as a continuation of the boards of supervisors now 
 
 existing by law. (Ark. Sched. 23.)
 
 216 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Internal Organization and Administration (Cont'd) 
 Administration by Court (Cont'd) 
 
 Justices of peace to sit with county judge and assist in levying 
 county taxes and making appropriations for expenses of 
 county in manner prescribed by law; judge and majority of 
 justices to be quorum for purpose; or in absence of judge ma- 
 jority of justices to be quorum and they to elect one of their 
 number to preside; legislature to regulate manner of compel- 
 ling attendance of such quorum. (Ark. VII 30.) 
 
 After adoption township organization assessment and collection 
 of revenues to be made and business of county to be managed 
 and transacted in manner prescribed by general laws provid- 
 ing for township system. (Cal XI 4.) 
 
 Powers of court of ordinary to be vested in " ordinary for each 
 county from whose decision there may be an appeal (or by 
 consent of parties without a decision ) to the superior court 
 under regulations prescribed by law ". Courts of ordinary to 
 have such powers in relation to roads, bridges, ferries, public 
 buildings, paupers, county officers, county funds, county taxes 
 and other county matters as may be conferred on them by 
 
 law. (Ga. VI Sec. VI 1, 2.) 
 
 When township organization adopted, provisions of constitution 
 for management of fiscal affairs of county by board of com- 
 missioners may be dispensed with and affairs of county 
 transacted as legislature provides. (HI. X 5.) 
 
 Counties to have fiscal court consisting of judge of county court 
 and justices of peace, or county may have three commissioners 
 elected at large who with the judge of county court shall con- 
 stitute such fiscal court; judge of county court to preside; 
 majority to constitute " court for transaction of business ". 
 
 (Ky. 144.) 
 
 Where " for county governmental purposes " city is by law sep- 
 arated from remainder of county, commissioners constituting 
 fiscal court to be elected from that part of county outside of 
 
 city." (Ky. 144.) 
 
 County court in each county to have jurisdiction " to transact 
 all county and such other business as may be prescribed by 
 law " ; court to consist of one or more judges not exceeding 
 three, of whom probate judge may be one, as provided by law, 
 
 (Mo. VI 36.) 
 
 Provision of constitution for management of county affairs and 
 assessment and collection of revenue by county officers in con- 
 flict with such general law for township organization may be 
 dispensed with and business and local concerns of county and 
 townships therein transacted as prescribed by law. (Mo. 
 
 IX 8.) 
 
 When county after adopting " township organization " also dis- 
 penses with management of affairs by board of commissioners, 
 its affairs may be transacted by chairmen of township boards
 
 1 mh \ I >k;kst 2 1 i 
 
 COUNTIES [Cont'd) 
 
 Internal Organization and Administration [Cont'd) 
 Administration by Court [C&nfd) 
 
 of the county and such others as may be provided by law for 
 incorporated cities, towns or villages. (N.D. X 170.) 
 
 Question of continuing system of government by chairman of 
 the township boards where it has been adopted may lie sub 
 mitted to voters at general election in manner provided by 
 law and, if majority of votes against such system, it shall 
 cease and affairs of county be conducted as provided by laws 
 of territory of Dakota. (N.D. X 171.) 
 
 Until system of government by chairmen of township boards is 
 adopted by a county, its affairs shall be transacted by board 
 of commissioners. (N.D. X 172.) 
 
 County commissioners with county judge as presiding officer to 
 compose county commissioners' court which exercises such 
 power and jurisdiction over all county business as constitu- 
 tion and laws of state confer. (Tex. V 18.) 
 
 When county has adopted township organization, the assessment, 
 collection of revenue and business of the county and the local 
 affairs of its several townships shall be managed and trans- 
 acted in manner prescribed by general law providing for such 
 township organization. (Wash. XI 4.) 
 
 Each county to have county court composed of three commis- 
 sioners, two of whom shall be quorum for transaction of busi- 
 ness; regular session to be held each year at times fixed and 
 entered of record by the court; provision to be made by law 
 for holding special sessions. (W.Va. VIII 22.) 
 
 County court to have, under regulations prescribed by law 
 " superintendence and administration of the internal police 
 and fiscal affairs of their counties, including establishment 
 and regulation of roads, ways, bridges, public landings, ferries 
 and mills, with authority to lay and disburse the county 
 levies"; to exercise and perform such duties other than those 
 mentioned in constitution "not of a judicial nature." as pre- 
 scribed by law. (W.Va. VITI 24.) 
 
 Tribunals previously established in any county for " police and 
 fiscal purposes" to continue and such tribunals to act in lieu 
 of county court provided for by constitution until otherwise 
 provided by law. (W.Va. VITI 24.) 
 
 On application of any county legislature to "reform, alter, or 
 modify the county court" established by constitution and in 
 lieu thereof with assent of majority of voters voting af elec 
 tion create another tribunal for transaction of business re 
 quired by constitution to be performed by county court: in 
 such case the provisions of constitution applicable to county 
 court to be applicable to such other tribunal and latter to 
 continue to act in lieu of county court until otherwise pro 
 vided by law. (W.Va. VTII 2H.)
 
 218 State Constitutions 
 
 COUNTIES (Cont'd) 
 Officebs 
 
 Under this subhead are digested only those provisions which relate 
 to county officers generally. For provisions relating to any par- 
 ticular officer, See the specific subhead. 
 See also Public Officebs. 
 
 In General 
 
 Local or special legislation legalizing unauthorized or invalid 
 acts of officers prohibited. (Ky. 59; La. 48; Mo. IV 53.) 
 
 On recommendation of auditor or police jury of any parish gov- 
 ernor may suspend officer charged with collection or custody 
 of public funds when in arrears. (La. 223.) 
 
 Local and special legislation regulating offices, forbidden. (Nebr. 
 
 Ill 15.) 
 
 If prisoner lawfully in custody be taken through officer's per- 
 mission or negligence by mob or suffer bodily violence, officer 
 to be guilty of misdemeanor and on true bill found to be de- 
 posed pending trial and if convicted shall forfeit his office and 
 unless pardoned by governor not to be eligible to hold any 
 office of trust or profit in the state. ( S.C. VI 6. ) 
 
 " Whenever practicable, the legislature may and whenever same 
 can be done without detriment to the public service, shall 
 consolidate offices " and when consolidated " the duties of such 
 additional office shall be performed under an ex officio title ". 
 
 (Wyo. XIV 6.) 
 
 All except assistant assessor of taxes to be commissioned by 
 governor before entering on duties, but no commission to issue 
 until bond filed. (Fla. VIII 7.) 
 
 Legislature may provide for commissioning officers when not 
 provided for by constitution. (W.Va. IX 5.) 
 
 Legislature to provide for responsibilities of officers. (W.Va. 
 
 IX 6.) 
 Accounting for Public Funds 
 
 See also below, this title, Cobbupt Pbactices. 
 
 See also below, this subdivision, Fees. 
 
 See also below, this subdivision, Qualifications and Disquali- 
 fications 
 
 See also below, this subdivision, Vacancy in Office — > What 
 
 Constitutes. 
 Legislature to provide for strict accountability for all fees col- 
 lected and public and municipal moneys paid to or which 
 officially come into their possession. (Cal. XI 5; Ida. XVIII 
 
 6; Wash. XI 5.) 
 
 Person convicted of embezzlement or defalcation of public funds 
 
 of county not to be eligible to any office of honor, trust or 
 
 profit under state and legislature to provide for punishment 
 
 as for felony. (Cal. IV 21.) 
 Sworn statement of, accompanied by vouchers showing all ex- 
 penses incurred and fees received, to be filed at end of each
 
 Index Digest 219 
 
 COUNTIES (Cont'd) 
 Officers {Cont'd) 
 
 Accounting for Public Funds (Cont'd) 
 
 quarter with clerk of county commissioners, and to be audited 
 by board of county commissioners as other accounts. (Ida. 
 
 XVIII 7.) 
 Neglect or refusal of officer or deputy to account for and pay to 
 county treasury, fees received in excess of actual and neces- 
 sary expenses within 10 days after his quarterly settlement, 
 to be felony punishable as embezzlement of public funds. 
 
 (Ida. XVIII 9.) 
 No collector or his assistant or deputy of taxes or public moneys 
 for county to be eligible to legislature unless six months be- 
 fore election he obtains " quietus " for his collections and all 
 public moneys for which he is responsible. (Ky. 45.) 
 Upon recommendation of auditor or police jury of any parish, 
 governor may suspend any officer charged with collection or 
 custody of public funds when in arrears. (La. 223, Amend. 
 
 1914.) 
 Legislature to provide by law for keeping of public funds and 
 for their 'supervision and audit by competent state authority 
 and for uniform reports to such authority; such system of ac- 
 counts to provide for accurate records of financial and other 
 transactions and for checks on all receipts and disbursements; 
 all public accounts and audit thereof to be public records open 
 
 to inspection. (Mich. X 18.) 
 
 All executive and ministerial officers to make quarterly returns 
 
 to county court of fees received and salaries paid to deputies 
 
 and assistants, stating same in detail, verified by affidavit. 
 
 Statement or omission therein to subject them to penalties 
 
 for perjury. (Mo. IX 13.) 
 
 Legislature to provide for accountability in respect both to fees 
 
 collected and all public or municipal moneys paid to officers. 
 
 (Pa. XIV 6.) 
 Legislature to pass suitable laws for safe-keeping of county 
 funds; persons charged therewith to give security, and legis- 
 lature to pass laws making embezzlement thereof felony, and 
 part of punishment to be disqualification from holding office 
 of honor or emolument in county, but this disability may be 
 removed by two-thirds vote of legislature on full payment 
 principal and interest of sum embezzled. (S.C. X 12.) 
 Officers to be required by law to keep correct account of fees 
 collected and to pay into proper treasury; and officer whose 
 duty it is to collect such fees shall be responsible under bond 
 
 for them. (Utah XXI 2.) 
 Legislature, to provide for examination of books, accounts and 
 statements of county officers charged with collection and dis- 
 bursement public funds. (Va. VII 115.) 
 Laws to be "enacted and enforced by suitable provisions and 
 penalties" requiring sheriffs and other county officers who
 
 220 State Constitutions 
 
 COUNTIES (Cont'd) 
 Officebs (Cont'd) 
 
 Accounting for Public Funds (Cont'd) 
 
 receive or whose duty it is to receive, bold, or pay out money 
 for the use of or belonging to the state or any county, district 
 or municipal corporation to make annual account and settle- 
 ment therefor; such settlement to be subject to exceptions and 
 to take such direction and have such force and effect as pro- 
 vided by law. Settlement to be recorded and open to examina- 
 tion of people at such convenient place as may be fixed by 
 
 law. (W.Va. VI 27.) 
 
 No person who has collected or been entrusted with public 
 
 money of county to be eligible to legislature or to any office 
 
 of honor, trust or profit in the state until he shall have duly 
 
 accounted for and paid over such money according to law. 
 
 (W.Va. VI 14.) 
 " Being a defaulter " to county renders ineligible to any office 
 
 of trust, profit or honor in state. (Wis. XIII 3.) 
 To be required by law to keep account of and pay into proper 
 treasury all fees collected, and officer whose duty it is to col- 
 lect shall be made responsible under his bonds for neglect to 
 
 collect. (Wyo. XIV 2.) 
 Bonds 
 
 Sureties to reside within county in which principal resides and 
 have sufficient property therein not exempt from sale under 
 execution, attachment or other court process to make good 
 their bond; but any surety, bonding or guarantee company 
 organized for purpose of doing surety or bonding business and 
 authorized to do business in state may become surety on such 
 bonds under regulations prescribed by laAV. (Ark. XIX 21.) 
 In case of all except assistant assessor of taxes no commission 
 to issue until officer files with secretary of state " good and 
 sufficient bond " in such sum and on such conditions as legis- 
 lature by law prescribes. Approved by county commissioners 
 of county in which officer resides and by comptroller. (Fla. 
 
 VIII 7.) 
 No county officer to become surety on official bond of other 
 
 county officer. (Fla. VIII 7.) 
 Sureties to reside in and have sufficient visible and unencum- 
 bered property not exempt from sale under process to make 
 good their liability in county in which principal resides but 
 duly organized, responsible guarantee or surety company, 
 foreign or domestic, doing business in state may be accepted 
 
 as surety. (Fla. XVI 13.) 
 
 Such officers (in addition to sheriff, surveyor, coroner, jailer 
 
 and constable) as legislature may from time to time require 
 
 shall, before entering on their duties and as often thereafter 
 
 as may be deemed proper, give bond and security prescribed 
 
 by law. (Ky. 103,)
 
 Index Digest 221 
 
 COUNTIES (Cont'd) 
 
 Officers (Cont'd) 
 Bonds (Cont'd) 
 
 Officers required by law to give bond may be required to give 
 additional security on such bond or to execute new bond. 
 
 (Va. VII 113.) 
 Legislature may require officers to give bonds for faithful dis- 
 charge of duties of their offices. (W.Va. IX 5.) 
 
 Compensation 
 
 See also beloiv, this title. Finances — Expemmi n;i;s Extra 
 
 Compensation to Officers, Agents or Contractors. 
 Legislature may by general or local law, regulate fees, costs, 
 commissions, allowances or salary -to be charged or received 
 by any county officer of specified county " including the 
 method and basis of their compensation". (Ala. IV 96.) 
 Salary, fees or compensation of civil officers not to be increased 
 or diminished during term for which elected or appointed. 
 
 (Ala. XVII 281.) 
 Officers to be paid fixed definite salaries and not to receive fees 
 
 for their own use. (Ariz. XXII 17.) 
 Where not provided by law compensation to be fixed by board 
 of supervisors of each county and salaries so fixed to be in 
 effect until changed by general law. (Ariz. XII 4.) 
 Xo county officer to receive for salary, fees and perquisites, 
 nil ire than $5,000 " net profits per annum in par funds ". (Ark. 
 
 XIX 23.) 
 
 Legislature to regulate " in proportion to duties " for such 
 
 other county officers ( in addition to the board of supervisors, 
 
 county clerk and sheriff) as public convenience requires. 
 
 (Cal. XI 5.) 
 (Not to be increased during term. (Cal. XI '9; Mo. XIV 8.) 
 To be prescribed by law. (Colo. XIV 7; N.D. X 173; Pa. XIV 
 
 5; S.D. IX 6.) 
 For purpose of regulating compensation of county and precinct 
 officers, legislature shall by law classify the counties accord- 
 ing to population and fix compensation of officers within re- 
 spective classes according to population. Such laws to estab- 
 lish scales of fees to be charged by such county and precinct 
 officers as may be designated therein for services performed 
 by them ; where salaries are provided for such officials, to be 
 payable only out of fees actually collected in all cases where 
 fees are prescribed. (Colo. XIV 15.) 
 Legislature to provide for compensation in case of officers not 
 
 otherwise provided for by the constitution. (Fla. Ill 27.) 
 All county officers and deputies to receive as full compensation 
 fixed annual salaries payable quarterly from county treasury. 
 
 (Ida. XV111 7.) 
 Compensation provided for in constitution to apply only to 
 those officers hereafter elected. (111. X 11.)
 
 222 State Constitutions 
 
 COUNTIES (Cont'd) 
 Officers (Cont'd) 
 
 Compensation (Cont'd) 
 
 Outside of Cook county, county board to fix compensation, and 
 in all cases where fees are provided for, compensation to be 
 paid out of and not to exceed fees actually collected. Com- 
 pensation from $1,500 in counties not exceeding 20,000 to 
 $4,000 in counties exceeding 100,000 and not exceeding 250,000, 
 and not more than $1,000 for each additional 100,000, and not 
 to be increased or diminished during term. (111. X 10.) 
 
 Local or special laws regulating, prohibited. ( Ind. IV 22; 
 
 Minn. IV 33.) 
 
 Not to be changed after election or during term. (Ky. 161; 
 
 Wash.XI 8.) 
 
 Board of supervisors to have exclusive power to fix salaries of 
 all county officers not otherwise provided for by law. (Mich. 
 
 VIII 9.) 
 
 Compensation of executive or ministerial officers, exclusive of 
 salaries actually paid to necessary deputies, not to exceed 
 $10,000 annually. (Mo. IX 13.) 
 
 Legislature to classify counties and fix salaries at first session 
 after adoption of constitution. Officers not to receive for own 
 use fees or emoluments other than salary fixed by law. (N.M. 
 
 XL) 
 
 Until otherwise provided by law and when not otherwise pro- 
 vided by constitution, compensation to continue as provided by 
 laws of territory for " like named officers ". (Okla. Sched. 18.) 
 
 All officers to be paid by salary in counties of over 150,000; and 
 salaries of officers and clerks, which prior to constitution were 
 paid by fees, not to exceed aggregate of fees earned during 
 their term and collected by or for them. (Pa. XIV 5.) 
 
 Local or special legislation fixing amount or manner of com- 
 pensation forbidden except that laws may be made so as to 
 grade compensation in proportion to population and necessary 
 service required. (S.C. Ill 34.) 
 
 Officers except constables to be paid fixed and definite salaries. 
 
 (Utah XXI 1.) 
 
 Legislature to fix salary except for public administrators, sur- 
 veyors and coroners who may or may not be salaried officers. 
 
 (Wash. XI 8.) 
 
 Legislature to regulate compensation (for officers other than 
 those mentioned in the constitution) in proportion to duties 
 and for that purpose may classify counties according to popu- 
 lation. (Wash. XI 5.) 
 
 Legislature to provide for compensation. (W.Va. IX 6.) 
 
 To be paid "fixed and definite salaries"; legislature to fix, if 
 not fixed by constitution, and to be " in proportion to the 
 value of the services rendered and the duty performed " ; does 
 not apply to justices of peace and constables in precincts of 
 less than 1,500 population. (Wyo. XIV 1.)
 
 Index Digest 223 
 
 COUNTIES (Cont'd) 
 Officers ( Cont'd ) 
 
 Corrupt Practices, Se< below, this title, I orbtjpt I'i:\< ticks. 
 Creation of Office 
 
 Local or special legislation creating offices, forbidden. (Cal. IV 
 25; Ida. Ill 19; Minn. IV 33; Mo. IV 53; Mont. V 26; N.D. 
 II 69; Okla. V 46; Pa. Ill 7; Tex. Ill 56; Wyo. Ill 27.) 
 Legislature to provide by general and uniform laws for election 
 or appointment of other county officers (in addition to boards 
 of supervisors, sheriffs and county clerks) as public conveni- 
 ence requires. (Cal. XI 5.) 
 Legislature to provide for election or appointment of such other 
 officers than those mentioned in constitution as public con- 
 venience requires. Their terms to be prescribed by law but 
 not to exceed two years. (Colo. XIV 12.) 
 Legislature authorized to create additional statutory offices in 
 specified new counties created by amendment and to provide 
 by law for filling such offices. (Ga. XI Sec. I 2.) 
 Legislature not to establish any offices except those mentioned 
 
 in the constitution. (Ida. XVIII 6.) 
 Such officers as may be necessary other than those mentioned in 
 constitution, to be elected or appointed as prescribed by law. 
 (Ind. VI 3; N.D. X 173; Ore. VI 7.) 
 Legislature to provide for such officers as may be necessary. 
 (Kan. IX 2; Minn. XI 4; Nebr. X 4; Ohio X 1; Wyo. XII 5.) 
 Legislature to provide for election or appointment of such min- 
 isterial or executive officers as may be necessary other than 
 those mentioned by constitution. (Ky. 107.) 
 Except as otherwise provided by constitution legislature to pro- 
 vide for election or appointment of such officers as public con- 
 venience may require. (Mo. IX 14.) 
 Legislature may provide for election or appointment of such 
 ' officers other than those mentioned in constitution as public 
 
 convenience may require. (Mont. XVI 6.) 
 There shall be such officers (in addition to specified list) as may 
 
 be established by law. (Pa. XIV 1.) 
 Legislature to provide by general law for such as may be neces- 
 sary. (S.D. IX 6.) 
 Deputies and Assistants 
 
 Legislature to provide by general laws for appointment of 
 
 deputies and assistants. (W.Va. IX 6.) 
 Legislature to provide by general laws for such deputies and 
 assistants as public necessities may require, and fix their com- 
 pensation. (Wyo. XIV 4.) 
 
 Election 
 
 See Elections. 
 
 See below, this subdivision. Selection. 
 
 For special provisions as to votes of soldiers absent from state, 
 
 See Elections — Absent Electors. 
 For provisions as to registration of voters, See Elections.
 
 224 State Constitutions 
 
 COUNTIES (Cont'd) 
 Officers {Cont'd) 
 Expenses 
 
 Actual and necessary expenses incurred by county officers or 
 deputies in performance of official duties to be legal charge 
 against county and may be retained out of fees. (Ida. 
 
 XVIII 7.) 
 
 Outside of Cook county, county board to fix amount of necessary 
 clerical hire, stationery, fuel and other expenses. (111. X 10.) 
 Fees 
 
 See also above, this subdivision, Accounting for Public Funds. 
 
 See also above, this subdivision, Compensation. 
 
 Sums in excess of amount authorized for compensation to officers 
 to be paid into county treasury as directed by " appropriate 
 
 legislation". (Ark. XIX 23.) 
 
 Officers not to receive fees for their own use. (Ariz. XXII 17.) 
 
 Legislature to establish fees to be collected by such other county 
 officers as public convenience requires (in addition to the 
 board of supervisors, sheriff and county clerk ) for services 
 performed, " in the manner and for the uses provided by law, 
 and for this purpose may classify the counties by population ". 
 
 (Cal. XI 5.) 
 
 Fees, perquisites and emoluments in excess of the amounts al- 
 lowed for salaries of officers to be paid into county treasury. 
 
 (Colo. XIV 15.) 
 
 Excess over actual and necessary expenses to be turned over to 
 county treasurer at end of each quarter. (Ida. XVIII 7.) 
 
 Fees to be uniform for each class of county officers in the class 
 of county to which they respectively belong. (111. X 11.) 
 
 All fees in excess of compensation paid therefrom to be paid 
 into county treasury. (111. X 10.) 
 
 Those established by special laws to cease at adoption constitu- 
 tion and only those provided by general laws to be thereafter 
 received; all laws fixing fees to terminate within time fixed 
 after adoption constitution, and legislature shall by general 
 law, uniform in its operation, provide for and regulate such 
 fees " so as to reduce the same to a reasonable compensation 
 for services actually rendered"; legislature may, by general 
 law, classify counties by population into not more than three 
 classes and regulate fees according to class. (111. X 11, 12.) 
 
 Constitution not to be construed to deprive legislature of power 
 to reduce fees of officers. (111. X 12.) 
 
 To be regulated by law. (Ky. 106.) 
 
 Local or special legislation fixing or relating to fees forbidden. 
 
 (Minn. IV 33.) 
 
 Legislature " by a law uniform in its operation " to provide for 
 and regulate fees of all county officers, and for this purpose 
 may classify counties by population. (Mo. IX 12.) 
 
 Officers not to receive for their own use fees or emoluments other 
 than salary fixed by law. (N.M. XI.)
 
 Index !>i..i>i 2%6 
 
 COUNTIES {Cont'd) 
 Officers (Cont'd) 
 Fees [Cont'd) 
 
 To be collected and paid into county treasury. i.N.M. X 1.) 
 Officers paid by salary to pay foes to Mate or eountj treasurer 
 
 as directed by law. (Pa. XIV 5.) 
 Fees of Philadelphia prothonotary to be paid, except those due 
 
 state, into county treasury. (1'a. Y 7.) 
 Fees of magistrates' courts in Philadelphia to be paid into 
 
 county treasury. ( Pa. V 13.) 
 Otlicers to be required by law to pay fees into proper treasury 
 
 and to be responsible under bond for them. (Itali XXI 2.) 
 Officers to be required by law to pay fees into proper treasury 
 and to be responsible under bond for neglect to collect. (Wyo. 
 
 XIV 2.) 
 Impeachment 
 
 See beloic, this subdivision, Removal. 
 
 See Impeachment. 
 Oath of Office 
 
 Before entering on duties, officer to take and subscribe oath in 
 form and content given in constitution. (Ark. XIX 20.) 
 
 Oath in form prescribed to be taken before entering upon duties; 
 to be administered by county clerk; false swearing or viola- 
 tion of oath to constitute perjury and to disqualify from hold- 
 ing office of trust or profit within state. (Okla. XV 1, 2.) 
 
 Required to take and subscribe oath in form prescribed. Ad- 
 ministered by person authorized to administer oaths and filed 
 in prothonotary's office. False swearing or affirming in viola- 
 tion of, shall be perjury and conviction to disqualify forever 
 from holding any office of trust or profit within the state. 
 
 (Pa. VII 1.) 
 Place of Office 
 
 To keep office at such place in county as required by law. (Ark. 
 XIX 4; Ind. VI 6; Ky. 234; Ore. VI 8; Tex. XVI 14.) 
 
 To keep office at county seat. (Fla. XVI 4; Mont. XIX 6; Nev. 
 
 XV 7.) 
 Powers and Duties 
 
 Special and local legislation prescribing powers and duties for- 
 bidden. (Cal. IV 25; Minn. IV 33; Mo. IV 53; Mont. V 26; 
 N.P. II 69; Okla, V 46; Pa. Ill 7; Tex. Ill 56; Wyo. Ill 27.) 
 
 Legislature to prescribe by general and uniform laws for powers 
 and duties of such other county officers (in addition to board 
 of supervisors, sheriff and county clerk) as public convenience 
 
 requires. (C'al. XI 5.) 
 
 Legislature may provide by general laws for performance by 
 county officers of certain municipal functions of incorporated 
 towns when majority of electors of such towns voting at 
 general or special election so determine. (Cal. XI 6.) 
 
 Legislature to provide for powers and duties in case of officers 
 not otherwise provided for by the constitution. (Fla. Ill 27.) 
 
 8
 
 226 State Constitutions 
 
 COUNTIES (Cont'd) 
 Officers (Cont'd) 
 
 Powers and Duties (Cont'd) 
 
 To be prescribed by law. (Ida. XVIII 11; Ind. VI 6; N.D. X 
 
 173; Ore. VI 8; S.D. IX 6; W.Va. IX 6.) 
 Special and local legislation prescribing powers and duties of 
 
 officers forbidden. (Ida. Ill 19.) 
 Legislature may confer on " boards doing county business in the 
 several counties, powers of a local administrative character ". 
 
 (Ind. VI 10.) 
 Except as otherwise provided by constitution powers and duties 
 
 to be as prescribed by law. (Mo. IX 14.) 
 Until otherwise provided by law and when not otherwise provided 
 by constitution, powers and duties to continue as provided by 
 laws of territory for " like named officers ". (Okla. Sched. 18.) 
 Duties to be prescribed by legislature (other than those men- 
 tioned in constitution). (Wash. XJ 5.) 
 Qualifications and Disqualifications 
 
 See also above, this subdivision, Accounting fob Public Funds. 
 See also below, this title, Corrupt Practices. 
 In General 
 
 No person eligible to any county office unless he be qualified 
 elector nor unless he has resided in county one year pre- 
 ceding election. (Colo. XIV 10.) 
 No person to be elected or appointed to " office within a 
 county " unless he has right to vote for member lower 
 house of legislature and has been resident in county one 
 year next preceding election or appointment, unless other- 
 wise provided in constitution. (Del. Ill 11.) 
 Not to be eligible unless resident of county for two years 
 
 and a qualified voter. (Ga. XI Sec. II 1.) 
 Elector of the county and inhabitant thereof during one year 
 preceding election or appointment, or if county not or- 
 ganized for one year then an inhabitant within the limits 
 of the county or counties out of which the new county 
 
 was erected. (Ind. VI 4.) 
 Must be citizen of state and be qualified elector of state, 
 and parish wherein functions of office to be performed; 
 change of residence from place thus required to vacate 
 office " any declaration of retention of domicile to the 
 contrary notwithstanding". (La. 210.) 
 To be residents of the political subdivision for which elected 
 
 or appointed. (N.M. V 13.) 
 
 Until otherwise provided by law and when not otherwise 
 
 provided by constitution, qualifications to continue as 
 
 provided by laws of territory for " like named officers ". 
 
 (Okla. Sched. 18.) 
 
 False swearing in or violation of oath of office disqualifies 
 
 person from holding any office of trust or profit within 
 
 state. (Okla. XV 12; Pa. VII 1.)
 
 Index Digest 227 
 
 lOUNTIES {Cont'd) 
 Officers (Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 In General (Cont'd) 
 
 Elector of county (at time of election). (Ore. VI 8.) 
 
 Citizen or inhabitant of county one year Before appointment; 
 or if county established less than one year then citizen 
 or inhabitant within the limits of the counties out of which 
 the new county was formed. (Pa. XIV 3.) 
 
 No election officer to be eligible to any office filled at elec- 
 tion at which he serves, except " such subordinate, munic- 
 ipal or local officers below the grade of city or county 
 officers as shall be designated by law *'. (Pa. VIII 15.) 
 
 To be electors of counties in which elected. (S.D. IX 7; 
 
 W.Va. IV 4.) 
 
 Every person qualified to vote to be eligible to office in the 
 county where he resides except as otherwise provided in 
 the constitution and except that this does not apply, 
 as to residence, to office elective by people where law pro- 
 vides otherwise. (Va. II 32.) 
 
 Commissioners of county court to judge of qualifications of 
 their own members and of all county and district officers, 
 subject to regulations by appeal or otherwise as provided 
 
 by law. (W.Va. VIII 24.) 
 Dual Office Holding 
 
 Xot eligible to serve as election officer. (Ark. Ill 10.) 
 
 County school officers and commissioners of deeds may be 
 elected or appointed to any legislative, executive or judicial 
 
 office. (Fla. XVI 15.) 
 
 No state officer or deputy or member of legislature to be 
 officer of county; but notary public or officer of militia 
 not to be ineligible. (Ky. 165.) 
 
 Not eligible to hold seat in legislature; except officers elected 
 
 by townships. (Mich. V 6.) 
 
 In cities or counties having more than 200,000 inhabitants no 
 person to be at same time state officer and officer of county, 
 city or other municipality, and no person at the same 
 time to fill two municipal offices either in the same or 
 different municipalities, but this does not apply to notaries, 
 justices or officers of militia. (Mo. IX IS.) 
 
 Person holding office of trust or profit under county not 
 eligible to legislature. (N.M. IV 3.) 
 
 No person holding " office, appointment or employment " in 
 or under " any city or county board, commission, or trust " 
 therein (except justices of the peace and aldermen) to 
 be qualified to serve as election officer until two months 
 after expiration of such office or appointment, i l'a. VII I 
 
 15.) 
 
 Persons holding elective office of trust or profit not to be 
 appointed to election office. (Va. II 31.)
 
 228 State Constitutions 
 
 COUNTIES (Cont'd) 
 Officers (Cont'd) 
 Removal 
 
 See also below, tliis subdivision, Vacancy in Office — What 
 
 Constitutes. 
 
 All other county officers ( in addition to the tax collector, tax 
 assessor, treasurer, superintendent of education, coroners and 
 constables) may be removed by circuit or other court of like 
 jurisdiction or criminal court of county in which such officers 
 hold office as prescribed by law, provided that right to jury 
 trial and appeal be secured. Grounds for removal: "Wilful 
 neglect of duty, corruption in office, incompetency, or intem- 
 perance in the use of intoxicating liquors or narcotics to such 
 an extent, in view of the dignity of the office and the im- 
 portance of its duties, as unfits the officer for the discharge of 
 such duties, or for any offense involving moral turpitude while 
 in office or committed under color thereof or connected there- 
 with." Penalty not to extend beyond removal and disqualifi- 
 cation from holding office under authority of state for the term 
 for which such officer was elected or ajmointed, but accused to 
 be liable to indictment or punishment as described by law. 
 
 (Ala. VII 173, 175,* 176.) 
 
 Circuit court to have jurisdiction " upon information, presenta- 
 tion or indictment to remove any county * * * officer from 
 office for incompetency, corruption, gross immorality, criminal 
 conduct, malfeasance, misfeasance or non-feasance in office ". 
 
 (Ark. VII 27.) 
 
 To be removed on conviction for malpractice in office. (Ga. XI 
 
 Sec. II 1.) 
 
 May be impeached or removed in manner prescribed by law. 
 
 (Ind. VI 8.) 
 
 In such manner and for such cause as prescribed by law. (Kan. 
 
 IX 5 ; Ohio X 6. ) 
 
 District court of domicile, of officer (in parish of Orleans civil 
 district court) may remove for high crimes and misdemeanors, 
 non-feasance or malfeasance in office, for incompetency, cor- 
 ruption, favoritism, extortion or oppression in office, or for 
 gross misconduct or habitual drunkenness. (La. 222, 217.) 
 
 The district attorney may institute suit and shall institute such 
 suit on written request of 25 resident citizens and taxpayers 
 who may enforce request by mandamus; all parties, including 
 petitioning taxpayers, authorized to appeal; if officer acquitted 
 petitioning citizens liable to cost; detailed provisions for 
 preference on appeal; pending suit not to operate as sus- 
 pension of accused officer. (La. 222.) 
 
 Legislature may authorize governor to remove under regulations I 
 
 prescribed by law. (Miss. V 139.) 
 
 Legislature to provide in addition to other penalties for removal 
 of on conviction of willful, corrupt or fraudulent violation or, 
 neglect of official duty. (Mo. XIV 7.)
 
 I..\ mix Digest 229 
 
 10UNTIES (Cont'd) 
 Officers {Cont'd) 
 Removal (Cont'd) 
 
 May be removed by judges of district court for incompetency, 
 official misconduct, habitual drunkenness or other causes de- 
 fined by law on written s'tatemeni of cause "and the finding 
 of its truth by a jury". (Tex. V 24.) 
 Subject to indictment for malfeasance, misfeasance or neglecl of 
 official duty, and conviction therefor renders Office vacant. 
 
 (W.Va. IX 4.) 
 
 Governor may remove on giving copy of charges ami opportunity 
 
 to be heard. (Does not apply to judicial officers.) Wis. 
 
 VI 4.) 
 Residence 
 
 To reside in county. (Ark. XIX 4; Ind. VI ti; Ky. 234; Tex. 
 
 XVI 14.) 
 
 Xot to hold office to which elected or appointed longer than he 
 
 continues to reside in county, unless otherwise provided by 
 
 constitution. (Del. Ill 11.) 
 Rotation in Office 
 
 Serving two consecutive terms in county office to render in- 
 eligible to hold " any county office " for two years thereafter. 
 
 (N.M. X 2.) 
 Xo county officer " eligible to hold his office more than two terms 
 
 in succession". (Wash. XI 7.) 
 Selection 
 
 To be elected by qualified voters of each county. (Ark. VII 4u.) 
 Local or special laws regulating election, prohibited. (C'al. IV 
 
 25; Ida. Ill 1!); Ind. IV 22; Xev. IV 20.) 
 Legislature to provide by general and uniform laws for election 
 or appointment 'of such other county officers (in addition to 
 boards of supervisors, sheriffs and county clerks) as public 
 convenience requires. (C'al. XI 5.) 
 Legislature to provide for election or appointment of such other 
 than those mentioned in constitution as public convenience re- 
 quires. Their term to be prescribed by law but not to exceed 
 two years. (Colo. XIV 12.) 
 Legislature to provide for election by people or appointment by 
 governor of those not otherwise provided for by constitution. 
 
 (Fla. ill 27.) 
 To be elected by qualified voters of respective counties or districts. 
 
 (Ga. XI Sec. ill.) 
 Legislature authorized to provide for filling offices created by 
 
 law. (Ga. XI Sec. 1 2.i 
 
 Such officers as may be necessary other than those mentioned in 
 
 constitution to lie elected or appointed as prescribed by law. 
 
 (Ind. VI 3; X.D. X 173: Ore. VI 7.) 
 
 Officers to be elected or appointed in such \\a\ as legislature 
 
 prescribes. (Applies to new counties.) (L'y. 102.)
 
 230 State Constitutions 
 
 COUNTIES (Con I'd) 
 Officers (Cont'd) 
 Selection (Cont'd) 
 
 Legislature to provide for election or appointment of such 
 ministerial or executive officers as may be necessary other 
 than those mentioned by constitution. (Ky. 107.) 
 
 Local or special legislation regulating the mode of election or 
 appointment forbidden. (Minn. IV 33.) 
 
 "All other officers exercising local jurisdiction " in counties to 
 be selected in manner provided by law. (In addition to 
 coroner, treasurer, assessor, surveyor, clerk of court, members 
 of board of supervisors.) (Miss. V 138.) 
 
 Except as otherwise provided by constitution legislature to 
 provide for election or appointment of such officers as public 
 convenience may require. (Mo. IX 14.) 
 
 Legislature may provide for election or appointment of such 
 officers other than those mentioned in constitution as public 
 convenience may require. (Mont. XVI 6.) 
 
 If not provided for by constitution officers shall be elected by 
 county electors or appointed by board of supervisors or other 
 county authorities as legislature directs. (N.Y. X 2.) 
 
 To be elected by county electors in manner provided by law. 
 
 (Ohio X 2.) 
 
 Offices created by legislature not to be filled otherwise than by 
 the "people or the county court". (Tenn. XI 17.) 
 
 Legislature to provide by general and uniform laws for the 
 election of such officers (in addition to boards of' county 
 commissioners, sheriff, county clerk, treasurer, prosecuting 
 attorney) as public convenience may require. (Wash. XI 5.) 
 
 Vote of any " county * * body " on elections to any 
 
 office to be viva voce and entered on journals. (W.Va. VI 44.) 
 
 To be elected by county electors. (Does not include judicial 
 
 officers.) (Wis. VI 4.) 
 
 When election or appointment not provided for by constitution 
 officers shall be elected by the electors of the respective 
 counties or appointed by boards of supervisors or other county 
 authorities as legislature directs. (Wis. XIII 9.) 
 Term 
 
 Two years. (Ariz. VII 11: Minn. VII 9; N.M. X 2; Wash. VI 
 
 8; Wis. XIII 1.) 
 
 Not to be extended beyond period for which elected or appointed. 
 (Cal. XI 9; Ky. 161; Mo. XIV S; Wash. XI 8.) 
 
 Unless otherwise provided in the constitution term begins first 
 Tuesday in January next after election. (Del. Sched. S.) 
 
 Unless otherwise provided term begins first Tuesday after first 
 Monday January after election. (Fla. XVIII 14.) 
 
 To continue in office until successors duly qualified. (Fla. XVI 
 
 H.) 
 
 Two years till January 1, 1917; then four years. (Ga. XI 
 
 Sec. II 1.)
 
 Index Digest 231 
 
 COUNTIES (Cont'd) 
 Officers (Cont'd) 
 Term (Cont'd) 
 
 Two years and until successors are qualified; except specified 
 county commissioners. (Kan. IV 2.) 
 
 Legislature authorized to provide for election or appointment 
 of " ministerial or executive officers " other than those men- 
 tioned in the constitution for terms not exceeding four years. 
 
 (Ky. 107.) 
 
 In New Orleans parochial officers to begin term first Monday 
 in December following election until otherwise provided by 
 
 law. (La. 207.) 
 
 Terms begin January 1st, after election except as otherwise 
 provided by law. (Mich. XVI 1.) 
 
 Except as otherwise provided by constitution term to be as 
 prescribed by law but not to exceed four years. (Mo. IX 14.) 
 
 Term to be prescribed by law but not to exceed two years ex- 
 cept as otherwise provided by the constitution. (Mont. XVI 
 
 6.) 
 
 Term begins first Thursday after first Tuesday in January next 
 succeeding election. (Nebr. XVI 14.) 
 
 Term begins January 1st next after election; except those 
 elected to fill vacancies. (N.M. XX 3.) 
 
 In New York, Kings and counties coterminous with cities, 
 terms end at end of odd numbered year. (N.Y. XII 3.) 
 
 As provided by law not exceeding three years. (Ohio X 2.) 
 
 Such even number of years not exceeding four as may be 
 prescribed by legislature. (Ohio XVII 2.) 
 
 Until otherwise provided by law and when not otherwise pro- 
 vided by constitution term to continue as provided by laws 
 of territory for "like named officers". (Okla. Sched. 18.) 
 
 Four years, beginning first Monday in January after election 
 and until successors qualify. (Pa. XIV 2.) 
 
 To begin January first next succeeding election; continue for 
 four years except county clerk who shall hold office for eight 
 
 years. (Va. VII 112.) 
 
 Terms to be fixed by legislature (other than those mentioned 
 
 in constitution). (Wash. XI 5.) 
 
 Two years. (Does not apply to judicial officers.) (Wis. VI 4.) 
 
 In case of officers elected at general election term begins first 
 Monday of January following election " or as soon thereafter 
 as may be possible ". ( Wyo. VI Elections 5. ) 
 
 Vacancies 
 
 Hoiv Filled 
 
 In any office other than county commissioner or in any 
 precinct office, board of commissioners to fill by appoint- 
 ment and person appointed to hold until next general 
 election or until vacancy filled by election according to 
 
 law. (Colo. XIV 9.)
 
 232 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Officers (Cont'd) 
 
 Vacancies (Con I'd) 
 
 Jloir Filled (Cont'd) 
 
 To be filled in manner prescribed by law. (Ind. VI 9; 
 
 Ore. VI 9.) 
 Legislature may authorize governor to appoint under regu- 
 lations prescribed by law. (Miss. V 139.) 
 Except in office of county commissioner, to be filled by 
 appointment by board of county commissioners; appointee 
 to hold till next general election. (Mont. XVI 5.) 
 When not otherwise provided for, to be filled as provided 
 
 by law. (Pa. XIV 2.) 
 
 Board of county commissioners to fill by appointment and 
 
 appointees to hold until next general election and until 
 
 successors qualify. (Wash. XI 6.) 
 
 Filled by appointment and appointee to hold for unexpired 
 
 portion of term and until successor qualifies. (Wis. 
 
 VI 4.) 
 What Constitutes 
 
 Failure to give bond and qualify within 60 days after 
 
 election renders office vacant. (Fla. VIII 7.) 
 Acceptance of free pass or reduced rates from common car- 
 riers involves forfeiture of office. (Ky. 197.) 
 Change of residence from place required as qualification for 
 
 office renders office vacant. (La. 210.) 
 Acceptance of free or discounted passes or tickets from 
 railroad or other transportation company to work for- 
 feiture of office. (Mo. XII 24.) 
 Refusal to take oath of office forfeits office. (Okla. XV 1, 
 
 2; Pa. VII 1.) 
 
 Failure to reside in county of which he is an officer and 
 
 keep office at such place as required by law renders office 
 
 vacant. (Tex. XVI 14.) 
 
 Failure to give additional security or to execute new bond 
 
 when required by law, office to be declared vacant. (Va. 
 
 VII 113.) 
 Conviction for malfeasance, misfeasance or neglect of official 
 duty lenders office vacant. (W.Va. IX 4.) 
 Miscellaneous Offj < 'Kits 
 
 Aldermen, 8e;e ('urnis — Justices of Peace. 
 Elisor 
 
 Elisors may be appointed for each county and the city of Balti- 
 more in the manner, for the purpose and with the powers now 
 fixed, or which may hereafter be prescribed by law. (Md. IV 
 
 Pt. VII 45.) 
 High Bailiff 
 
 Elected by freemen of their respective counties biennially on 
 first Tuesday after first Monday in November. (Vt. Ch. 2 
 
 Sec. 35, 45.)
 
 I MM \ I Mi: I - I 233 
 
 COUNTIES {Cont'd) 
 
 Miscellaneous Officers (Cont'd) 
 High Bailiff (Cont'd) 
 
 To give security to county treasurer in manner and sums pro- 
 vided by legislature before entering upon duties. (Vt. Ch. 2 
 
 Sec. 25.) 
 Inspector or Measurer 
 
 County may appoint officers for inspection or measuring of 
 merchandise, manufactures or commodities whin authorized by 
 
 law. (Ala. IV 77; Pa. Ill 27.) 
 Jailer 
 
 To be elected in each county; but legislature may consolidate in 
 
 counties where it is deemed expedient with office of sheriff 
 
 and latter to perform duties of both offices. (Ky. 90. 105.) 
 
 Before entering on duties and as. often as may be deemed proper, 
 
 shall give bond and security prescribed by law. (Ky. 103.) 
 In counties having population of 75,000 or more to be paid out 
 of state treasury salary fixed by law; but salary of jailer and 
 his deputies and necessary office expenses not to exceed 75 
 per cent, of fees collected by him and paid into treasury. 
 
 (Ky. 106.) 
 Must be 24 years of age at time of election; citizen of Ken- 
 tucky; resident of state two years and in county or districl 
 in which he is candidate one year next preceding the election. 
 
 (Ky. 100.) 
 Term to commence January 1st next after election and to con- 
 tinue for four years, and until successor qualifies. (Ky. 99.) 
 Subject to indictment for misfeasance or malfeasance in office or 
 wilful neglect of duties in manner prescribed by law; convic- 
 tion to vacate office; but officer to have right to appeal to 
 
 court of appeals. (Ky- 227.) 
 Liner 
 
 Private, local or special legislation " declaring who shall be 
 liners between precincts or between counties " forbidden. 
 
 (Ala. IV 104.) 
 Marshal 
 
 In counties having population of 75.000 or more, marshal to be 
 paid out of state treasury by salary fixed by law, but salary 
 of such officer and his deputies and necessary office expenses 
 not to exceed 75 per cent, of fees collected by him and paid 
 into the treasury. (Ky. 106.) 
 Ordinary 
 
 Term four years and until successor qualities. (Ga. VI Sec. 
 
 VI 3.) 
 President of County Court 
 
 Commissioners of county court to elect one of their number as 
 
 president. (YV.Va. VIII 23.) 
 
 To be conservator of peace throughout county. (W.Va. IX 7.) 
 
 Subject to indictment for malfeasance, misfeasance or neglect of 
 
 official duty, and conviction therefor renders office vacant. 
 
 (W.Va 1X4.)
 
 284 S . .1 b ( '<> - rmmo 
 
 COUNT Ih\ '„,./>/, 
 
 MISCELLANEOUS OFFICERS {Cont'd) 
 Ranger 
 
 To i>e elected in each county \>y justices oi the peace. (Tenn. 
 
 VII I. J 
 J i rm two ye.'jr ■ ' I i nn. VII 1.) 
 
 May be removed for malfeasance or neglect of duty in manner 
 prescribed by law. (Tenn. Vff J.j 
 Commissioners of Revenue 
 
 To be elected by qualified voters of each county for four yeai 
 number, duties and compensation to be prescribed by law. 
 
 (Va. VI [ 110.) 
 Not to hold office of county treasurer, sheriff, attorney for the 
 commonwealth, county clerk, superintendent of poor, county 
 surveyed oi supervisor. (Va. VII 113.) 
 Not to be membei of legislature, and qualification as such mem- 
 ber to vacate office-. (Va. IV 44.) 
 Road Commissioner 
 
 Legislature may provide for appointment or election of, with 
 powers and duties as prescribed by law. (Mich. VIII 20.) 
 Commissioner of Roads and Revenues 
 
 Legislature may provide foi appointment in any county. (Ga. 
 
 XI Sec. Iff I. J 
 
 Sergeant 
 
 N'oi, to be a member of legislature, and qualification as such 
 member to vacate office^ (Va. iv 44.) 
 Overseer of Poor 
 
 To be appointed by county court,. (W.Va. IX 2.) 
 Superintendent of Poor 
 
 One to be. appointed in each county in manner provided by law. 
 
 (Va. Vff 110.) 
 Not to hold Office of county treasurer, sheriff, attorney for com- 
 monwealth, county clerk, commissioner of revenue, county 
 surveyor or supervisor. (Va. VII 113.) 
 Superintendent, of Road3 
 
 Office created. To be elected by qualified electors in each organ- 
 ized county subject to change by law. Term tWO yearn, f Ariz. 
 
 XII 3.) 
 Qualifications and powers and duties to be as prescribed by law. 
 
 (Ariz. XII 4.) 
 
 Trustee 
 
 One to be elected In each county by qualified voters. (Tenn. 
 
 VII 1.) 
 
 Term two years. (Tenn. VI! I.) 
 
 Vacancy occurring subsequent to an election to be filled by 
 justices until successor, elected by qualified electors at the 
 first, election for any county officers, qualifies. (Tenn. VII 2.) 
 Wreck Master 
 
 Qualified roters of specified county (Worcester) to eled first 
 Tuesday after first Monday November, 1867, and every two
 
 Ini>! x 1 1 235 
 
 COUNTIES [Cot fd 
 
 MlSCKLLANBOTJS OFFH BBS ' 
 
 Wreck Master [Cont'< 
 
 years; term to begin first Monday January, thereafter, with 
 duties and compensation provided by law; vacancy to be tilled 
 by county commissioners For balance of term. (Md. VII 
 
 ASSESSOB 
 
 In General 
 
 1 e created in each organized county, subject to change by 
 
 law. (Ariz. XII 3.) 
 
 To be commissioned by governor. (Ark. VII 46. 48 
 
 •• Nil per centum shall ever be paid to as upon the valua- 
 
 tion or assessment of property by tb i Ark. VII 46.) 
 
 Legislature may abolish office and provide for isment of 
 
 property 1 ■•. other officers or re-establish such office and : 
 scribe its duties. ( Ky. 99, 104.) 
 
 Special or local legislation granting "indulg rge " 
 
 to assessor or his es, forbidden. (Ky. 5 
 
 Seven b ors in the eity of New Orleans to compose boai 
 
 assessors for the parish of Qrl ma [La 3 
 Compensation 
 
 To be paid such salary or compensation either from 
 perquisites and emoluments of his office, or from general 
 county fund, as provided by law. Tin- ato-| vern, unless 
 
 otherwise expressly provided by constitution. \IV B.) 
 
 I mpensation to 1 1 by law. I 1'la. VIII 6.) 
 
 Constitution clas - inties into those having 1 valua- 
 
 tion not .- -- "'. and (hose having more than 
 
 .-_'. ,000 and not exceeding $5,000,000, and those having 
 
 more than $5,000,000; and fixes definite limits of salaries for 
 each class, leaving i ilary to legislature. These pro- 
 
 visions to apply to any officer of county performing duties 
 usuallv performed by those named regardless of title to their 
 
 offices. (Wyo. XIV 3. 5.) 
 
 Corrupt Practices 
 
 Not to hold or use during term any free pass and not to accept 
 any transportation fox himself or his family on terms not 
 open to general public; punishment for violation prescribed. 
 
 (N.M. XX 14.) 
 Deputies and Assistants 
 
 Legislature to authorize county commissioners to appoint assist- 
 ants when dei jary for a merit purposes for i 
 
 tax district into which commiss divide county. Com- 
 
 pensation and powers and duties to ; • 1 by law. 
 
 iFli. VIII 7.) 
 
 When authorized by county commiss 
 
 may appoint such deputies and assist - the duties of his 
 
 office require at compensation fixed by tl 
 
 sioners. (Ida XVI 1 1 
 Assessor mav appoint one or more assistants with consei 
 
 "county court ". (W.Va. IX 2.)
 
 236 State Constitutions 
 
 COUNTIES ( Cont'd) 
 Assessor (Cont'd) 
 Election 
 
 To be elected by qualified electors in each organized county sub- 
 ject to change by law. (Ariz. XII 3.) 
 To be elected by qualified electors of each county. (Ark. 
 
 VII 46.) 
 To be elected in each county at the election for members of 
 legislature. This section to govern except as otherwise ex- 
 pressly provided by constitution. (Colo. XIV 8.) 
 Legislature to provide for election by qualified electors in each 
 
 county. (Fla. VIII 6.) 
 Legislature to provide by general and uniform laws for election 
 
 biennially in each county. (Ida. XVIII 6.) 
 To be elected in each county. (Ky. 99, 104.) 
 
 One shall be elected from each municipal district in the city of 
 New Orleans at the election for parochial officers of the city 
 of New Orleans and the parish of Orleans. (La. 309.) 
 To be selected in each county in manner provided by law for 
 
 each county. (Miss. V 135, 13S.) 
 
 To be elected by qualified voters in each county at same time 
 
 and under same law regulating election state and county 
 
 officers. (Tex. VIII 14.) 
 Voters of each county to elect one and not more than two. 
 
 (W.Va. IX 1/2.) 
 Indictment 
 
 Subject to for misfeasance or malfeasance in office or wilful 
 neglect of duties in manner prescribed by law; conviction to 
 vacate office; but officer to have right to appeal to court of 
 
 appeals. (Ky. 227.) 
 Powers and Duties 
 
 To be as prescribed by law. (Ariz. XII 4; Ark. VII 4fi; Fla. 
 
 VIIT 0.) 
 
 Tax assessors not to be relieved from performance of official 
 
 duties by local or special law. (Ky. 59; La. 48; Mo. IV 53; 
 
 Okla. V 40; Tex. Ill 5, 6.) 
 Qualifications and Disqualifications 
 
 To be as prescribed by law. (Ariz. XII 4.) 
 
 Twenty-four years of age at time of election; citizen of Ken- 
 tucky; resident of state two years and in county or district in 
 which he is candidate one year next preceding election. (Ky. 
 
 100.) 
 Shall be resident of the district from which elected. (La. 309.) 
 Not to be member of legislature, and qualification as such mem- 
 ber to vacate office. (Va. IV 44.) 
 Removal 
 
 May be removed by circuit or other court of like jurisdiction or 
 criminal court of county in which such officer holds office as 
 prescribed by law, provided that right to jury trial and appeal 
 be secured. Grounds for removal: " Wilful neglect of duty
 
 Index Digest -'57 
 
 COUNTIES {Cont'd) 
 Assessoe (Cont'd) 
 Removal (Cont'd) 
 
 corruption in office; incompetency, or intemperance in the use 
 
 of intoxicating liquors or narcotics to such an extent, in view 
 of the dignity of the office and the importance of its duties, 
 as unfits the officer for the discharge of such duties, or for 
 any offense involving moral turpitude while in office or com- 
 mitted under color thereof or connected therewith". Penalty 
 not to extend beyond removal and disqualification from hold- 
 ing office under authority of state for the term for which 
 such officer was elected or appointed, but accused to be liable 
 to indictment or punishment as prescribed by law. (Ala. VII 
 
 173, 175, 176.) 
 Residence 
 
 To reside in county for which elected. (W.Va. IX 1, 2.) 
 Rotation in Office 
 
 Not eligible for two successive terms. (Ky. 104.) 
 Term 
 
 Two years. (Ariz. XII 3; Ark. VII 46.) 
 
 Four years. (Fla. VIII 6; La. 309; W.Va. IX 1, 2.) 
 
 To commence January 1st next after election and to continue 
 
 for four years, and until successor qualifies. (Ky. 99.) 
 Term four years and unless removed until successor duly quali- 
 fied to enter on discharge of duties. (Miss. V 135, 136.) 
 Two years and until successor qualifies. (Mont. XVI 5; Tex. 
 
 VIII 14.) 
 Vacancies 
 
 To be filled by special election but in case of vacancy occurring 
 six months before next general election governor to fill by 
 
 appointment. (Ark. VII 50.) 
 Conviction for misfeasance or malfeasance in office or wilful 
 neglect of duties renders office vacant. (Ky. 227.) 
 Auditor 
 
 In General 
 
 Recorder elected in each county to be ex officio auditor. ( Fla. 
 
 V 15.) 
 Clerk of district court to be ex officio auditor and recorder of 
 
 county. (Ida. XVIII 6.) 
 
 Legislature to have power to " increase, diminish, consolidate 
 
 or abolish the following county officers" (including county 
 
 auditor). (Xev. IV 32.) 
 Compensation 
 
 Legislature to fix by law. (Xev. IV 32.) 
 Deputies and Assistants 
 
 When authorized by county commissioners the auditor may 
 appoint such deputies and assistants as the duties of h» 
 office require at compensation fixed by the county commis- 
 sioners. (Clerk of district court is ex officio auditor and re- 
 corder.) (Ida. XVIII 6.)
 
 238 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Auditor (Cont'd) 
 Election 
 
 Voters of each county to elect at time of holding general elec- 
 tion. (Ind. VI 2.) 
 Legislature to provide for election by the people. (Nev. IV 32.) 
 To be elected in each organized county. (N.D. X 173.) 
 Three to be elected in 1911 and every fourth year thereafter, 
 by qualified electors. Each elector votes for two and three 
 having highest vote elected. (Pa. XIV 7.) 
 To be elected in each organized county every two years. (S.D. 
 
 IX 5.) 
 Powers and Duties 
 
 Counties of less than 1,000 "polls" may confer on auditor 
 
 office of clerk or recorder. (Ind. II 9.) 
 Legislature to fix by law. (Nev. IV 32.) 
 
 In counties which have auditor or other fiscal officer authorized 
 to audit bills, accounts, charges, claims or demands against 
 county, legislature may confer upon such officers such powers 
 as it deems expedient. (N.Y. Ill 27.) 
 
 Qualifications and Disqualifications 
 
 Auditor (if one for county) ineligible to seat in legislature. 
 
 (Ark. V 7.) 
 Counties of less than 1,000 "polls" may confer on auditor 
 
 office of clerk or recorder. (Ind. II 9.) 
 To be elector of county in which elected. (N.D. X 173.) 
 Rotation in Office 
 
 Not eligible more than eight years in any 12. (Ind. VI 2.) 
 Not to be eligible for more than four years in succession. (S.D. 
 
 IX 5.) 
 Term 
 
 Four years. (Ind. VI 2.) 
 
 Two years and until successor qualifies. (N.D. X 173.) 
 
 Two years. (S.D. IX 5.) 
 
 Vacancies 
 
 Vacancy to be filled by courts of common pleas from among 
 electors who voted for the auditor whose place is to be filled. 
 
 (Pa. XIV 7.) 
 Clerk 
 
 In General 
 
 Board of supervisors may unite office of county clerk with office 
 of register of deeds or separate therefrom at pleasure. (Mich. 
 
 VIII 3.) 
 
 Legislature to have power to " increase, diminish, consolidate or 
 
 abolish the following county officers" (including county 
 
 clerk). (Nev. IV 32.) 
 Office of county clerk created for each organized county. (Okla. 
 
 XVII 2.)
 
 Index Digest 239 
 
 COUNTIES (Cont'd) 
 Clebk (Cont'd) 
 
 In General (Cont'd) 
 
 To procure seal inscribed with style of office and name of 
 county. Seal to be used for all lawful purposes until other- 
 wise provided by law. Signature sufficient without seal until 
 seal is secured. (Okla. Sched. 22.) 
 To be one of county officers. (Pa. XIV 1.) 
 Accounting for Public Funds 
 
 Legislature to provide for strict accountability as to fees 
 collected and all public moneys paid to or which officially 
 come into possession of clerk. (Wash. XI 5.) 
 Appointment 
 
 Legislature to provide by general and uniform laws for election 
 or appointment in the several counties. (Cal. XI 5.) 
 Compensation 
 
 Legislature to regulate " in proportion to duties ". (Cal. XI 5.) 
 To be paid such salary or compensation either from fees, per- 
 quisites and emoluments of his office, or from general county 
 fund, as provided by law. This section to govern unless other- 
 wise expressly provided by constitution. (Colo. XIV 8.) 
 Legislature to fix by law. (Nev. IV 32; W.Va. VIII 26.) 
 Legislature to regulate compensation in proportion to duties 
 and for that purpose may classify counties according to popu- 
 lation. (Wash. XI 5.) 
 Constitution classifies counties into those having assessed valua- 
 tion not exceeding $2,000,000, those having more than $2,000,- 
 000 and not exceeding $5,000,000, and those having more than 
 $5,000,000, and fixes definite limits of salaries for each class, 
 leaving exact salary to legislature. These provisions to apply 
 to any officer of county performing duties usually performed 
 by those named regardless of title to their offices. (Wyo. 
 
 XIV 3, 5.) 
 Election 
 
 To be elected by qualified electors of counties having population 
 
 exceeding 15,000 by last federal census. (Ark. VII 19.) 
 Legislature to provide by general and uniform laws for election 
 
 or appointment in the several counties. (Cal. XI 5.) 
 To be elected in each county at the election for members of 
 legislature. This section to govern except as otherwise ex- 
 pressly provided by constitution. (Colo. XIV 8.) 
 To be elected in each county at general election Tuesday after 
 first Monday in November, 1882, and every four years follow- 
 ing. (111. X8.) 
 To be elected biennially in each organized countv. (Mich. VIII 
 
 3.) 
 To be selected in manner provided by law. (Miss. V 13S.) 
 Legislature to provide for election by the people, (Nev. IV 
 
 32.)
 
 240 State Constitutions 
 
 COUNTIES (Cont'd) 
 Clerk (Cont'd) 
 
 Election (Cont'd) 
 
 Elected by " people " of county at election for legislature. (N.J. 
 
 VII 2, 6.) 
 To be elected in each county unless otherwise provided by law. 
 
 (N.M. VI 22.) 
 To be elected by county electors. (N.Y. XI.) 
 Voters of each county to elect at time of holding general elec- 
 tion. (Ore. VI 6.) 
 To be elected in each county by qualified voters. (Tex. V 20.; 
 
 Va. VII 110; W.Va. VIII 26.) 
 
 In counties having population less than 8,000 one clerk may be 
 
 elected having duties of both district and county clerks. 
 
 (Tex. V 20.) 
 Legislature to provide by general and uniform laws for election 
 
 in each county. (Wash. XI 5.) 
 Fees 
 
 Legislature to establish fees to be collected for services per- 
 formed " in the manner and for the uses provided by law, and 
 for this purpose may classify the counties by population ". 
 
 (Cal. XI 5.) 
 Fees and perquisites to be as provided by law. (Tex. V 20.) 
 Indictment 
 
 Subject to indictment for malfeasance, misfeasance or neglect 
 of official duty and conviction therefor renders office vacant. 
 (Clerk of county court.) (W.Va. IX 4.) 
 Place of Office 
 
 To hold office at county seat. (Mich. VIII 4.) 
 Powers and Duties 
 
 To be ex officio clerk of probate court of county. (Ark. VII 19.) 
 Legislature to prescribe by general and uniform laws. (Cal. 
 
 XI 5.) 
 To be ex officio clerks of courts of record for their respec- 
 tive counties or cities and counties. (Cal. VI 14.) 
 To be ex officio recorder of deeds and clerk of board of county 
 commissioners. This section to govern except as otherwise 
 expressly provided by constitution. (Colo. XIV 8.) 
 Counties of less than 1,000 " polls " may confer office of re- 
 corder or auditor on clerk. ( Ind. II 9.) 
 In counties "organized for judicial purposes", to be clerk of 
 
 circuit court for county. (Mich. VII 11.) 
 To be prescribed by law. (Mich. VIII 3; Wash. XI 5; W.Va. 
 
 VIII 26.) 
 Shall be clerk of county commissioners and ex officio recorder. 
 
 (Mont. XVI 5.) 
 To be ex officio clerks of courts of record and of boards of county 
 commissioners for their counties. Other duties to be pre- 
 scribed by law. (Nev. IV 32.)
 
 I.XDKX DlOKST -11 
 
 COUNTIES (Cont'd) 
 Clerk (Cont'd) 
 
 Powers and Duties (Cont'd) 
 
 Shall be clerk of the inferior courts of common pleas and quarter 
 sessions of counties, and perform duties required by law. 
 
 (X.J. X 11.) 
 To perform all duties previously performed by clerks of district 
 
 and probate courts. (N.M. VI 22.) 
 To be clerk of circuit court with such [lowers and duties as 
 
 prescribed by law. (N.Y. VI 19.) 
 To be clerk of county commissioner's court and recorder, and 
 
 perform other duties prescribed by law. (Tex. V 20.) 
 To be clerk of circuit court. (Va, VII 110.) 
 To have custody of all deeds and papers presented for record 
 in county and same to be preserved or disposed of as pre- 
 scribed by law. (W.Va. VIII 24.) 
 Qualifications and Disqualifications 
 
 Not to hold office of county treasurer, sheriff, attorney for 
 commonwealth, commissioner of revenue, superintendent of 
 poor, county surveyor or supervisor. (Va. VII 113.) 
 Removal 
 
 Governor may remove on giving copy of charges and opportu- 
 nity to be heard. (N.Y. X 1.) 
 Manner of removal to be prescribed by law. (W.Va. VIII 26.) 
 Term 
 
 Two years. (Ark. VII 19; Ore. VI 6; Tex. V 20.) 
 Legislature to prescribe by general and uniform laws. (Cal. 
 
 XI 5.) 
 
 To commence on first Monday of December after election, and to 
 
 continue for four years and until successor qualifies. (Ill 
 
 X 8.) 
 Two years and until successor qualifies. (Mont. XVI 5.) 
 Five years. (N.J. VII 2, 6.) 
 
 Three years, but may be two or four years as legislature pro- 
 vides in New York, Kings and counties coterminous with 
 
 cities. (N.Y. XI.) 
 Eight years. (Va. VII 112.) 
 To be fixed by legislature. (Wash. XI 5.) 
 Six years. (W.Va. VIII 26.) 
 Vacancies 
 
 To be filled by circuit court judges. (Mich. VII 11.) 
 To be filled by governor until successor elected and qualifies. 
 
 (X.J. V 12.) 
 Filled by election by county electors. (N.Y T . X 1.) 
 To be filled by commissioners' court until next general election. 
 
 (Tex. V 20.) 
 Vacancy to be filled by county court until next general elec- 
 tion. (Clerk of county court.) (W.Va. VIII 30.) 
 Conviction for malfeasance, misfeasance or neglect of official duty 
 renders office vacant. (Clerk of county court.) (W.Va. IX V.
 
 242 State Constitutions 
 
 COUNTIES (Cont'd) 
 Tax Collector 
 In General 
 
 There shall be one state tax collector for the city of New 
 
 Orleans. (La. 309.) 
 Accounting for Public Funds 
 
 Special or local legislation granting " indulgence or discharge " 
 
 to collector or his sureties, forbidden. (Ky. 59.) 
 Special or local legislation relieving any collector from due per- 
 formance of his duties or his sureties from liability, forbid- 
 den. (La. 48; Mo. IV 53; Okla. V 46; Tex. Ill 56.) 
 No law or ordinance to be passed by any political corporation 
 extending time for collection or relieving any collector from 
 due performance of his duties or his sureties from liabilities. 
 
 (La. 48.) 
 Not to be discharged until proof made that legal remedies to 
 
 collect have been exhausted. (La. 120.) 
 Person who at any time was collector of taxes, whether state, 
 parish or municipal, not to be eligible to legislature or any 
 office of honor, profit or trust under state government, or any 
 parish or municipality until he obtains discharge for amount 
 of such collections ; legislature to provide for suspension such 
 officers for failure to account. (La. 1S2.) 
 To make annual settlement with county court to be made of 
 record. (County or district school taxes.) (W.Va. XII 7.) 
 Compensation 
 
 To be prescribed by law. (Fla. VIII 6.) 
 
 Five thousand dollars per annum, payable monthly. ("State 
 tax collector for the city of New Orleans ".) (La. 309.) 
 Election 
 
 Legislature to provide for election by qualified electors in each 
 
 county. (Fla. VIII 6.) 
 To be elected in counties having 10,000 inhabitants as deter- 
 mined by last preceding United States census. (Tex. VIII 16.) 
 Expenses 
 
 The general assembly sball appropriate such sum not exceeding 
 $35,000 per year as may be necessary for the payment of 
 clerical expenses, rent, furniture and porterage for the office 
 of " state tax collector for the city of New Orleans ''; but such 
 appropriation shall itemize the use for which it is to be made. 
 
 (La. 309.) 
 Fees 
 
 Fees from delinquent tax debtors and also fees for tax research 
 certificates to be turned over to the state treasurer. ("State 
 tax collector for the city of New Orleans".) (La. 309.) 
 Other Officer to Serve 
 
 Sheriff io be ex officio collector of taxes unless otherwise pro- 
 vided by law. (Ark. VII 46.) 
 County treasurer to be tax collector. This section to govern 
 except as otherwise expressly provided by the constitution. 
 
 (Colo. XIV 8.)
 
 Index Digest 243 
 
 COUNTIES (Cont'd) 
 
 Tax Collector (Cont'd) 
 
 Other Officer to Serve (Cont'd) 
 
 County treasurer to be tax collector. (Ida. XVIII 6; Mont. 
 
 XVI 5.) 
 
 Except in specified parish sheriff to be ex officio collector of 
 
 state, parish and all other taxes except municipal taxes. (La. 
 
 119.) 
 Sheriff to be collector of county taxes, except in counties having 
 
 10,000 inhabitants. (Tex. VIII 16.) 
 Sheriff or other collector as law provides to collect county or 
 district school taxes. (W.Va. XII 7.) 
 
 Powers and Duties 
 
 To be prescribed by law. (Fla. VIII 6.) 
 
 Not to be relieved from performance of official duties by local 
 or special law. (Ky. 59; La. 4S; Mo. IV 53; Okla. V 46; 
 
 Tex. Ill 5, 6.) 
 Qualifications and Disqualifications 
 
 Not to have seat in legislature. (Collector of public revenue.) 
 
 (111. IV 3.) 
 Not to be member of legislature, and qualification as such mem- 
 ber to vacate his office. (Va. IV 44.) 
 
 Removal 
 
 May be removed by circuit or other court of like jurisdiction or 
 criminal court of county in which such officer holds office as 
 prescribed bjj law, provided that right to jury trial and ap- 
 peal be secured. Grounds for removal : " Wilful neglect of 
 duty, corruption in office, incompetency, or intemperance in the 
 use of intoxicating liquors or narcotics to such an extent, in 
 view of the dignity of the office and the importance of its 
 duties, as unfits the officer for the discharge of such duties, or 
 for any offense involving moral turpitude while in office or 
 committed under color thereof or connected therewith ". 
 Penalty not to extend beyond removal and disqualification 
 from holding office under authority of state for the term for 
 which such officer was elected or appointed, but accused to be 
 liable to indictment or punishment as prescribed by law. 
 
 (Ala. VII 173, 175, 176.) 
 Term 
 
 Four years. (Fla. VIII 6.) 
 
 Four years (" state tax collector for the city of New Orleans"). 
 
 (La. 309.) 
 
 Two years and until successor qualifies. (Tex. VIII 16.) 
 
 Commissioners 
 In General 
 
 Quorum for transaction of business to consist of two where board 
 consists of three; and of three where board consists of five. 
 
 (Colo. XIV 6.) 
 Legislature may provide for creation of county commissioners in 
 such counties as require them. (Ga. VI Sec. XIX 1.)
 
 244 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Commissioners (Cont'd) 
 In General (Cont'd) 
 
 Xot to hold or use during term any free pass and hot to accept 
 any transportation for himself or his family on terms not open 
 to general publie; punishment for violation prescribed. (N.M. 
 
 XX 14.) 
 Commissioner not eligible to hold office of justice of peace. 
 
 (YY.Ya. VIII 30.) 
 Accounting for Public Funds 
 
 Legislature to provide for accountability as to fees collected and 
 all public moneys paid to or which officially come into their 
 
 possession. (Wash. XI 5.) 
 Compensation 
 
 To be prescribed by law. ( Fla. YJII 5.) 
 
 Legislature to regulate compensation in proportion to duties and 
 fur that purpose may classify counties according to population. 
 
 (Wash. XI 5.) 
 Gornmissioneps to receive $2 per day for services in court, to he 
 paid out of county treasury. ( W.Ya. VIII 23.) 
 Number and Election 
 
 In counties having less than 70,000, three county commissioners 
 to be elected for terms of four years, elected biennially — two 
 at one time, one at the other. In counties having 70,000 or 
 more population board of county commissioners to consist of 
 five members for terms of four years; to be elected biennially 
 — two at one time and three at another. This section to 
 govern except as otherwise expressly provided by 'constitution. 
 
 (Colo. XIV 6.) 
 One for each of five districts into which each county required to 
 be divided by county commissioners in office at time amend- 
 ment adopted, each of which to be " as nearly as possible equal 
 in proportion to population''; to be elected by qualified elec- 
 tors of the county at time and place of voting for other county 
 
 officers. (Fla. VIII 5.) 
 To consist of three members. (Ida. XYIII 10.) 
 Legislature to provide by general and uniform laws for election 
 
 biennially in each county. (Ida. XVIII 6.) 
 "Board of county commissioners'' consisting of three members 
 to be elected in each county not under township organization. 
 
 (111. X 6.) 
 
 Board of county Commissioners to be elected at first election of 
 
 county judges under constitution j one for one year; one for 
 
 two a ears; one for three yen--, and thereafter one every year 
 
 for term of three years. (Til. X (>.) 
 
 Allans of Cook county to be managed by board of 15. 10 
 
 elected in Chicago and lice from towns outside of Chicago, in 
 
 manner provided by law. (111. X 7.) 
 
 dm' to be elected from each of three districi i b] votes of district 
 
 and legislature to li\ time of election at some general election. 
 
 (Kan. IV 2.)
 
 T.XDI • \ 1 )l<!KS I 2 1 5 
 
 COUNTIES (Cont'd) 
 
 Commissioners ( Cont'd) 
 
 Number and Election (Cont'd) 
 
 Numbea? in each couaty to be as prescribed by law. (Md. VII 1.) 
 
 To be eleteted by qualified voters on general ticket in cadi county 
 
 on first Tuesday after firs! Monday November* beginning 18&1; 
 
 and at such time as prescribed by Law. (Md. VII 1.) 
 
 Three to be elected in each county for term of six years. One to 
 
 be elected at each general election. (Mont. XVI 4.) 
 Legislature to provide by law for election in each county. I Xcv. 
 
 [V 26.) 
 
 Five to be elected by qualified voters in each county as provided 
 
 for election members of legislature; but legislature may modify 
 
 or abrogate. (N.C. VII 1, 14.) 
 
 To consist of not less than three nor more than five members. 
 
 (X.D. X 17-2.) 
 Offices of three county commissioners created for each organ- 
 ized county. (Okla. XVII 2.) 
 Three to be elected 1011 and every fourth year in those comities 
 
 where such officers are chosen. (Pa. XIV 7.) 
 Each qualified elector to vote for two, and the three having the 
 
 highest vote elected. (Pa. XIV 7.) 
 County to be divided into four commissioners' precincts; quali- 
 fied voters of each to elect one county commissioner. (Tex. 
 
 V 18.) 
 Legislature to provide by general and uniform laws for election 
 
 in each county. (Board.) (Wash. XI 5.) 
 Commissioners to be elected by voters of county; one to be 
 
 elected every two years. (W.Va. VIII 23.) 
 Only one commissioner to be elected in any magisterial district; 
 
 details provided to carry this out. (W.Va. VIII 23.) 
 Commissioners of county court to judge of election, qualification 
 and returns of their own members*, (W.Va. VIII 24.) 
 Powers and Duties 
 
 To hold sessions for transaction of county business as provided 
 by law; this section to govern unless otherwise expressly pro- 
 vided by constitution. (Colo. XIV 6.) 
 To be prescribed by law. (Ma. VIII 5; Md. VII 1 ; Wash. XI 5.) 
 Legislature may authorize commissioners to divide county into 
 taxation districts and to appoint assistant tax assessor. ( Fla. 
 
 VIII 7.) 
 To be defined by legislature. (Ga. V] Sec. XIX 1.) 
 May employ counsel when necessary. (Ida. XYTI1 6.) 
 To hold session for transaction of business as provided by law. 
 
 (111. X 6; X.D. X 172.) 
 To perform jointly and individually such duties as prescribed by 
 
 law. (Nev. IV 26.) 
 
 To exercise seneral supervision and control of levying oi taxes 
 
 and finances of county, of roads and hridv.es. schools, and penal 
 
 and charitable institutions; "hut h-Nh.ture may modify or 
 
 abrogate". (N.I . VII 2. 14.)
 
 246 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Commissioners ( Con t'd ) 
 
 Powers and Duties {Cont'd) 
 
 Until system of government by chairmen of township boards is 
 adopted by county, its affairs shall be transacted by board of 
 commissioners. (N.D. X 172.) 
 
 Term 
 
 Two years. (Fla. VIII 5; Ida. XVIII 10.) 
 Not exceeding six years. (Kan. IV 2.) 
 
 To be elected for such periods, not exceeding six years, as pre- 
 scribed by law. (Md. VII 1.) 
 Two years; "but legislature may modify or abrogate". (N.C. 
 
 VII 1, 14.) 
 As prescribed by law. (N.D. X 172; Wash. XI 5.) 
 Two years and until successor qualifies. (Tex. V IS.) 
 Six years. (W.Va. VIII 23.) 
 
 Vacancies 
 
 To be filled by governor; appointee to hold office until next 
 general election or until vacancy filled by election according 
 
 to law. (Colo. XIV 9.) 
 Vacancy to be filled by judge of judicial district in which va- 
 cancy occurs. (Mont. XVI 4.) 
 To be filled by governor ; appointee to hold until next general 
 election; successor to be elected for balance of term. (N.M. 
 
 XX 4.) 
 To be filled by court of common pleas from among electors who 
 voted for the commissioner whose place is to be filled. (Pa. 
 
 XIV 7.) 
 Vacancy to be filled by county court until next general election. 
 
 (W.Va. VIII 30.) 
 Constable, See Constables. 
 
 Coeonek, See Coroners. 
 Recorder 
 
 Under this subhead are grouped the provisions relating to Recorder 
 of Deeds, Register of Deeds and Registers. 
 
 In General 
 
 To be commissioned by governor. (Del. Ill 22.) 
 Board of supervisors may unite with office of county clerk or 
 separate therefrom at pleasure. (Register of deeds.) (Mich. 
 
 VIII 3.) 
 
 Legislature to have the power to " increase, diminish, consolidate 
 
 or abolish the following county officers " ( including county 
 
 recorder). (Nev. IV 32.) 
 To be sworn to perform duties faithfully. (N.H. II 71.) 
 To procure seal inscribed with style of office and name of county. 
 Seal to be used for all lawful purposes until otherwise pro- 
 vided by law. Signature sufficient without seal until seal is 
 secured. (Register of deeds.) (Okla. Sched. 22.)
 
 Index Digest 247 
 
 COUNTIES (Cont'd) 
 Recorder (Cont'd) 
 
 Accounting for Public Funds 
 
 Failure to settle accounts renders ineligible to hold office <>f 
 governor or seat in legislature. (Register of deeds.) (N.H. 
 
 II 94.) 
 To "keep accurate and detailed accounts in hooks to be used for 
 that purpose of all lees collected " and to " furnish daily to 
 the commissioner of public finance transcripts of the said 
 accounts duly certified by them or by their authority" and 
 to pay to city treasury fees collected; fees to constitute 
 '•judicial expense fund of the parish of Orleans"; their 
 salaries and those of their deputies and their office expenses 
 to be paid from this fund on warrant signed by presiding 
 judge of civil district court; number of employees or their 
 salaries not to be increased unless so ordered by the court. 
 (Applies also to register of conveyances.) (La. 154, 156.) 
 
 Bond 
 
 To give bond in specified sum approved by court. (New Orleans.) 
 
 (Applies also to register of conveyances.) (La. 149.) 
 To give bond with sufficient sureties in reasonable sum for use 
 of county for punctual performance of duties. (Register of 
 
 deeds.) (X.H. II 71.) 
 Compensation 
 
 In Cook county, to receive as only compensation salaries not 
 exceeding salary of circuit court judge in that county and to 
 be paid only out of fees of the office actually collected. 
 
 (111. X 9.) 
 For recorder of mortgages $4,000; for register of conveyances 
 
 $2,500. (Xew Orleans.) (La. 149.) 
 Legislature to fix by law. (Xev. IV 32.) 
 
 Creation of Office 
 
 Office created for each organized county. (Ariz. XII 3; Okla. 
 
 XVII 2 (Register of deeds). 
 To be one of county officers. (Recorder of deeds.) (Pa. XIV 1.) 
 
 Deputies and Assistants 
 
 When authorized by county commissioners, the county recorder 
 may appoint such deputies and assistants as the duties of his 
 office require at compensation fixed by the county commis- 
 sioners. (Clerk of district court is ex officio auditor and 
 
 recorder.) (Ida. XVIII 6.) 
 In Cook county, number of deputies and assistants to be deter- 
 mined by rule of circuit court and entered of record and com- 
 pensation to be fixed by county board. (111. X 9.) 
 May appoint such deputies at such salaries as prescribed by law. 
 (Applies also to register of convevances, Xew Orleans.) (La. 
 
 149.)
 
 LMS State CoNSTiTtfTiONS 
 
 Counties (Cont'd) 
 
 Recorder {Cont'd) 
 Election 
 
 To be elected by qualified electors in each organized county, sub- 
 ject to change by law. (Ariz. XII 3.) 
 To be elected by qualified electors of each county at general 
 
 elections. (Del. Ill 22.) 
 To be elected in each county. (Fla. V 15.) 
 
 To be elected in each county having 60,000 or more inhabitants 
 
 at general election Tuesday after first Monday in November, 
 
 1884, and every four years thereafter. (Otherwise clerk of 
 
 circuit court to be em officio recorder of deeds.) (111. X S.) 
 
 Voters of each county to elect at time of holding general election. 
 
 (Ind. VI 2.) 
 Voters of parish of Orleans to elect a recorder of mortgages; 
 
 and a register of conveyances. (La. 149.) 
 To be elected biennially in each organized county. (Mich. 
 
 VIII 3.) 
 
 Legislature to provide for election by the people. (Nev. IV 32.) 
 
 To be elected by inhabitants of towns in the several counties 
 
 "according to the method now practiced" and laws of state; 
 
 but legislature may change manner but not deprive people of 
 
 right to elect, (Register of deeds.) (N.H. II 70.) 
 
 Legislature may, on application of majority of inhabitants 
 
 of any county, divide county into two districts and provide for 
 
 election of register for each district. (Register of deeds.) 
 
 (N.H. II 71.) 
 
 To be elected by county electors. (Register.) (X.Y. X 1.) 
 
 To be elected by qualified voters in each county as provided for 
 
 election members of legislature; but legislature may modify or 
 
 abrogate. (Register of deeds.) (N.C. VII 1, 14.) 
 
 To be elected "in each organized county. (Register of deeds.) 
 
 (N.D. X 173.) 
 Legislature may authorize election in any county of over 1,200 
 
 voters. (Recorder of conveyances.) (Ore. VII 15.) 
 To be elected in each organized county every two years. (Regis- 
 ter of deeds.) (S.D. IX 5.) 
 One to be elected in each county by qualified voters. (Register.) 
 
 (Tenn. VII 1.) 
 To be elected by county electors. (Register of deeds.) (Wis. 
 
 VI 4.) 
 Fees 
 
 Tn Cook county all fees, perquisites and emoluments in excess of 
 amount allowed for salaries to be paid into county treasury. 
 
 (111. X 0.) 
 Legislature to provide general fee bill or bill of costs regulating 
 
 fees and compensation in civil matters. (La. 129.) 
 Fees and costs to continue as fixed by law until otherwise pro- 
 vided by law. (Recorder of mortgages.) (Applies also to 
 register of conveyances.) (La, 153.)
 
 Imh-.x Digest 249 
 
 COUNTIES (Cont'd) 
 Recorder (Cont'd) 
 Fees (Cont'd) 
 
 Legislature not to enact laws for one or more counties not 
 applicable to all counties increasing uniform charge for regis- 
 tration of deeds. (..Miss. IV 91.) 
 Other Officer to Serve 
 
 Clerk of circuit court to be ex officio recorder. (Ark. VII 19.) 
 Clerk of district court to be ex officio auditor and recorder. 
 
 (Ida. .Will 6.) 
 Clerk of circuit court to be ex officio recorder of deeds except in 
 counties having 60,000 or more inhabitants in which a recorder 
 of deeds shall be elected. (111. X 8.) 
 Clerk of district court to be ex officio parish recorder of convey- 
 ances, mortgages and other acts; to give bond for performance 
 of his duties in amount fixed by legislature. (La. 122.) 
 Clerk of superior court of Baltimore to act as register of deeds. 
 
 (Md. IV Pt. IV 38.) 
 Place of Office 
 
 To keep office in town or place within county in which superior 
 
 court usually held. (Del. Ill 23.) 
 To hold office at county seat. (Register of deeds.) (Mich. 
 
 VIII 4.) 
 To keep office in the county town. (Pa. XIV 4.) 
 Powers and Duties 
 
 To be as prescribed by law. (Ariz. XII 4; Fla. V 15; La. 149; 
 
 Mich. VIII 3.) 
 To be ex officio county auditor. (Fla. V 15.) 
 Legislature to fix by law. (Nev. IV 32.) 
 
 To be ex officio clerk of board of county commissioners ; " but 
 legislature may modify or abrogate". (N.C. VII 2, 14.) 
 Qualifications and Disqualifications 
 
 To be as prescribed by law. (Ariz. XII 4; La. 149.) (Applies 
 
 also to register of conveyances.) 
 Ineligible to seat in legislature. (Ark. V 7; 111. IV 3; S.D. 
 
 Ill 3.) 
 Ineligible to office of secretary of state, attorney-general, insur- 
 ance commissioner, treasurer, auditor, prothonotary. clerk of 
 the peace, register of wills, sheriff or coroner. (Del. Ill 11.) 
 Counties containing less than 1,000 " polls " may confer office 
 
 of clerk or auditor on recorder. (Ind. II 9.) 
 Not to be justice of supreme court or of inferior court ; attorney- 
 general; county attorney; state treasurer; adjutant -general; 
 judge of probate; register of probate; sheriff; clerk of judicial 
 courts. Ineligible to legislature. (Register of deeds.) (Me. 
 
 IX 2.) 
 
 Not to be at the same time judge or register of probate or 
 sheriff. Not to have seat in legislature. (Register of deeds.) 
 
 (Mass. Pt. II Ch. VI 2.)
 
 250 State Constitutions 
 
 COUNTIES (Cont'd) 
 Recorder (Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 
 Not to hold at same time office of sheriff or judge of probate; 
 " and never more than two offices of profit which may be held 
 by appointment of the governor, or governor and council, or 
 senate and house of representatives, or superior or inferior 
 courts". (Register of deeds.) (N.H. II 93.) 
 Ineligible to office of governor or seat in legislature if he fails to 
 
 settle accounts as register of deeds. (N.H. II 94.) 
 To be elector of county in which elected. (Register of deeds.) 
 
 (N.D. X 173.) 
 Not to hold any office in or be member of either house of legis- 
 lature. (Register of deeds.) (N.D. II 37.) 
 Not eligible to membership in legislature. (Register of deeds,) 
 
 (Tenn. II 26.) 
 Removal 
 
 Governor may remove on giving copy of charges and opportunity 
 to be heard. (Register of deeds.) (N.Y. X 1; Wis. VI 4.) 
 
 Rotation in Office 
 
 Not eligible more than eight years in any 12. (Ind. VI 2.) 
 Not eligible more that four years in succession. (Register of 
 
 deeds.) (S.D. IX 5.) 
 Term 
 
 Two years. (Ariz. XII 3; S.D. IX 5; Wis. VI 4.) 
 
 Four years. (Del. Ill 22; Fla. V 15; 111. X 8; Ind. VI 2; La. 
 
 149 (also register of conveyances) ; Tenn. VII 1.) 
 To commence on first Monday of December after election, and to 
 continue for four years and until successor qualifies. (111. 
 
 X 8.) 
 Three years; except that two or four years as legislature pro- 
 vides in New York, Kings and counties coterminous with cities. 
 
 (Register.) (N.Y. XI.) 
 Two years, ""but legislature may modify or abrogate". (Regis- 
 ter of deeds.) (N.C. VII 1, 14.) 
 Two years and until successor qualifies. (Register of deeds.) 
 
 (N.D. X 173.) 
 Vacancies 
 
 If unexpired term is more than one year, to be filled by special 
 election called by " proper legal authority " held within 60 
 days under general state election laws; where unexpired term 
 is less than one year governor to fill with consent of senate 
 for balance of term. (Recorder of mortgages in New Orleans.) 
 (Applies also to register of conveyances.) (La. 157.) 
 Acceptance of seat in Congress renders office vacant. (Register 
 
 of deeds.) (Me. IX 2; Mass. Amend. VIII.) 
 Filled by election by county electors. (Register.) (N.Y. X 1.) 
 Vacancy occurring subsequent to an election to be filled by
 
 Index Digest 251 
 
 COUNTIES (Cont'd) 
 Recorder (Cont'd) 
 Vacancies (Cont'd) 
 
 justices until successor, elected by qualified electors at the 
 first election for any county officers, qualifies. (Register.) 
 
 (Tenn. VII 2.) 
 
 Filled by appointment and appointee to hold for unexpired 
 
 portion of term and until successor qualifies. ( Register of 
 
 deeds.) (Wis. VI 4.) 
 Register of Wills, See Courts. 
 Sheriff, See Sheriffs. 
 Supervisors (Board of). 
 Creation 
 
 To be established in each county. (Mich. VIII 7.) 
 Each county, except one wholly included in a city, to have a 
 board of supervisors. (X.Y. Ill 26.) 
 Appointment 
 
 Legislature to provide by general and uniform laws for election 
 
 or appointment in the several counties. (Cal. XI 5.) 
 Local or special laws for the election or appointment of, pro- 
 hibited. (Ind. IV 22; Ore. IV 23.) 
 Compensation 
 
 Legislature to regulate " in proportion to duties ". (Cal. XI 5.) 
 Election 
 
 Members to be elected by qualified .electors of each organized 
 
 county, subject to change by law. (Ariz. XII 3.) 
 Legislature to provide by general and uniform laws for election 
 
 or appointment in the several counties. (Cal. XI 5.) 
 Local or special laws for the election or appointment of, pro- 
 hibited. (Ind. IV 22; Ore. IV 23.) 
 To be selected in manner provided by law. (Miss. V 138, VI 
 
 170.) 
 
 Elected in such manner as provided by law. (N.Y. Ill 26.) 
 
 Private or local legislation concerning election forbidden, except 
 
 bills reported by revision commissioners. (N.Y. Ill 18, 23.) 
 
 Those representing a city or part of a city to be elected Tuesday 
 
 succeeding first Monday in November in odd numbered years, 
 
 but this does not apply to filling vacancies nor to cities of 
 
 third class. (N.Y. XII 3.) 
 In each " magisterial district " one supervisor to be elected by 
 qualified voters thereof. (Va. VII 111.) 
 Fees 
 
 Legislature to establish fees to be collected for services per- 
 formed " in the manner and for the uses provided by law, and 
 for this purpose may classify the counties by population ". 
 
 (Cal. XI 5.) 
 
 Number 
 
 Three members. (Ariz. XTI 3.) 
 
 Cities to have such representation as may be provided by 
 
 law. (Mich. VIII 7.)
 
 252 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Supervisors (Board of) (Cont'd) 
 Number (dm I'd) 
 
 One member from each township. (Midi. VIII 7.) 
 One member from each of five districts into which county is to 
 be divided. Clerk of chancery court of each county to be clerk 
 
 of board. (Miss. VI 170.) 
 Sueli members as provided by law. (N.Y. Ill 26.) 
 One supervisor elected in each magisterial district, to be member 
 of county board of supervisors. (Va. VII 111.) 
 
 Powers and Duties 
 
 To be prescribed by law. (Ariz. XII 4; Micb. VIII 7.) 
 Legislature to prescribe by general and uniform laws. (Cal. 
 
 XI 5.) 
 
 Legislature may confer " such powers of a local, legislative and 
 
 administrative character " not inconsistent with constitution 
 
 as it deems proper. (Mich. VIII 8.) 
 
 To have exclusive power to fix salaries of all county officers not 
 
 otherwise provided for by law. (Mich. VIII 9.) 
 Board of supervisors or county auditors if any shall adjust all 
 claims against their respective counties. Appeals may be 
 taken to circuit court in manner provided by law. (Mich. 
 
 VIII 9.) 
 
 Legislature to provide for powers and duties by general law in 
 
 relation to highways, bridges and culverts. (Mich. VIII 26.) 
 
 To have control of building of bridges or dams over navigable 
 
 streams. (Mich. XI 14.) 
 Board to have " fidl jurisdiction over roads, ferries and bridges 
 to be exercised in accordance with such regulations " as legis- 
 lature prescribes and perform other duties required by law. 
 Majority of board of five members may transact business. 
 
 (Miss. VI 170.) 
 
 Legislature by general law to confer "such further powers of 
 
 local legislation and administration" as it deems expedient. 
 
 (X.Y. Ill 27.) 
 To make apportionment of assembly districts pending legislative 
 
 apportionment. (N.Y. Ill 5.) 
 Not to grant extra compensation to " public officer ", servant, 
 
 agent or contractor. (.N.Y, Ill 28.) 
 To meet at stated intervals and as often as necessary, and per- 
 form such duties as required by law. (Va. VII 111.) 
 Legislature may by general laws confer upon boards of super- 
 visors such powers of local and special legislation as it deems 
 expedient not inconsistent with constitution. (Va. IV 65.) 
 Board of supervisors to pass upon all claims against county sub- 
 ject to such appeal as provided by law. (Va. VII 111.) 
 " Such powers of a local, legislative and administrative char- 
 acter " as it shall prescribe may be conferred by the legis- 
 lature. (Wis. IV 22.)
 
 [mux Mh.kst ^S'o 
 
 COUNTIES (Cont'd) 
 
 Supervisors (Boabd of) (Cont'd) 
 
 Qualifications and Disqualifications 
 
 To be as prescribed by law. (Ariz. XII 4.) 
 No person to be member unless resident freeholder in districl 
 for which chosen. Value of real estate necessary to qualify 
 persons in the several counties to membership on board to be 
 fixed by law. (Miss. VI 170, 176.) 
 Member not to hold office of county treasurer, sheriff, attorney 
 for the commonwealth, county clerk, commissioner of revenue. 
 superintendent of poor, or county surveyor. (Va. VII 113.) 
 
 Term 
 
 To lie approved by law. (Ariz. XII 3.) 
 
 Legislature to prescribe by general and uniform laws. (Cal. 
 
 XI 5.) 
 Such period as provided by law. (X.Y. Ill 26.) 
 Term expires end of odd numbered year, but this does not apply 
 to cities of third class. (Applies to supervisors representing 
 
 cities.) (X.Y. XII 3.) 
 
 Surveyor 
 
 In General 
 
 To be commissioned by governor. (Ark. Y1I 46. 4S.) 
 Before entering on duties, and as often thereafter as may be 
 deemed proper, to give bond and security prescribed by law. 
 
 (Ky. 103.) 
 Subject to indictment for misfeasance or malfeasance in office 
 or wilful neglect of duties in manner prescribed by law; con- 
 viction to vacate office; but officer to have right to appeal to 
 
 court of appeals. (Ky. 227.) 
 Legislature to have power to " increase, diminish, consolidate or 
 abolish the following county officers'* (including county sur- 
 veyor) . (Xev. IY 32.) 
 To procure seal inscribed with style of office and name of county. 
 Seal to be used for all lawful purposes until otherwise pro- 
 vided by law. Signature sufficient without seal until seal is 
 
 secured. (Okla. Schcd. 22.) 
 
 Appointment 
 
 One to be appointed in each count v in maimer provided by law. 
 
 (Va. VII 110.) 
 
 To be appointed by county court. (Surveyor of roads.) (W.Va. 
 
 . 1X2.) 
 
 Compensation 
 
 To be paid such salary or compensation either from fees, per- 
 quisites and emoluments of his office, or from general county 
 fund, as provided by law. Thia section to govern, unless other- 
 wise expresslv provided by constitution. (Colo. \1\ 
 To be prescribed by law. I Fla. VIII 6: Md. VII 2: Nev. W 32; 
 
 Tex. XVI 44.)
 
 254 State Constitutions 
 
 COUNTIES {Confd) 
 
 Surveyor (Cont'd) 
 
 Creation of Office 
 
 Office of surveyor created for each organized county. (Ariz. 
 
 XII 3; Okla. XVII 2.) 
 To be one of county officers. ( Pa. XIV 1 . ) 
 Election 
 
 To be elected by qualified electors in each organized county, sub- 
 ject to change by law. (Ariz. XII 3.) 
 To be elected by qualified electors of each county. (Ark. VII 
 
 46; Tex. XVI 44; W.Va. IX 1, 2.) 
 To be elected in each county at the election for members of 
 legislature. This section to govern except as otherwise ex- 
 pressly provided by constitution. (Colo. XIV 8.) 
 Legislature to provide for election of by qualified electors in 
 
 each county. (Fla. VIII 6.) 
 Legislature to provide by general and uniform laws for election 
 
 biennially in each county. (Ida. XVIII 6.) 
 Voters of each county to elect at time of holding general election. 
 
 (Ind. VI 2; Ore. VI 0.) 
 To be elected in each county. (Ky. 99.) 
 
 To be elected in each county and city of Baltimore; on first 
 Tuesday after first Monday November, 1867, and every two 
 
 years. (Md. VII 2.) 
 To be elected in each county in manner provided by law for each 
 
 county. (Miss. V 135, 138.) 
 
 Legislature to provide for election by the people. (Nev. IV 32.) 
 
 To be elected by qualified voters in each county as provided for 
 
 election members of legislature; "but legislature may modify 
 
 or abrogate". (N.C. VII 1, 14.) 
 To be elected in each organized county every two years. (S.D. 
 
 IX 5.) 
 
 Place of Office 
 
 To keep office in the county town. (Pa. XIV 4.) 
 To have office at county seat. (Tex. XVI 44.) 
 Powers and Duties 
 
 To be prescribed by law. (Ariz. XII 4; Ark. VII 46; Fla. 
 VIII 6; Md. VII 2; Xev. IV 32; Tex. XVI 44.) 
 Qualifications and Disqualifications 
 
 To be as prescribed by law. (Ariz. XTT 4.) 
 
 Twenty-four years of age at time of election; citizen of Ken- 
 tucky; resident of state two years and in county or district 
 in which he is candidate one vear next preceding election. 
 
 (Ky. 100.) 
 Not to hold office of county treasurer, sheriff, attorney for com- 
 monwealth, county clerk, commissioner of revenue, superin- 
 tendent of poor, or supervisor. (Va. VII 113.) 
 
 Residence 
 
 Must reside in county for which elected. (Surveyor of lands.) 
 
 (W.Va. IX 1, 2.) 
 
 - - - -
 
 Index Digest 255 
 
 COUNTIES [Cont'd) 
 Surveyor (Cont'd) 
 Rotation in Office 
 
 Not to be eligible for more than four years in succession. (S.I). 
 
 EX 5.) 
 Term 
 
 Two years. (Ariz. XII 3; Ark. VII 46; Ida. Will 6; Ind. 
 
 VI 2; Md. VII 2; Ore. VI 6; S.D. IX 5.) 
 Four years. (Fla. VIII 0; W.Va. IX 1, 2.) 
 To commence January 1st next after election and to continue for 
 
 four years, and until successor qualities. ( Ky. 99.) 
 To begin first Monday January after election. (Md. VII 2.) 
 Four years and unless removed until successor duly qualified to 
 
 enter on discharge of duties. (Miss. V 135, 136.) 
 Two years and until successor qualifies. (Mont. XVI 5; Tex. 
 
 XVI 44.) 
 Two years; "but legislature may modify or abrogate". (N.C. 
 
 VII 1, 14.) 
 
 Vacancies 
 
 To be filled by special election but in case of vacancy occurring 
 six months before next general election governor to fill by 
 
 appointment. (Ark. VII 50.) 
 Conviction for misfeasance or malfeasance in office or wilful 
 
 neglect of duties renders office vacant. (Ky. 227.) 
 Vacancy to be filled by county commissioners or by mayor and 
 eoimcil of Baltimore for balance of term. ( Md. VII 2.) 
 Treasurer 
 
 In General 
 
 Legislature may abolish office of treasurer in any county. (Ga. 
 
 XI Sec. Ill 1.) 
 Office created in each organized county. (Ariz. XII 3; Okla. 
 
 XVII 2; Pa. XIV 1.) 
 To be commissioned by governor. (Ark. VII 46, 48.) 
 To have oitice at county seat. (.Midi. VIII 4; Tex. XV] 44.) 
 Governor to suspend treasurer for alleged default pending in- 
 vestigation of his accounts. (Miss. V 125.) 
 To procure seal inscribed witli style of office and name of county. 
 Seal to ff used for all lawful purposes until otherwise pro- 
 vided by law. Signature sufficient without seal until seal is 
 
 secured. (Ok hi. Sched. 22.1 
 
 Accounting for Public Funds 
 
 District court of each coUnty at each term to charge grand jury 
 as to laws regulating accountability county treasurer and to 
 appoint committee of grand jury or other reputable persons 
 not exceeding live to investigate accounts and affairs of 
 treasurer and report condition thereof to court: judge of court 
 to appoint like committee in vacation at any time not exceeding 
 once in three months. (Colo. XII 5.) 
 
 State examiner and inspector to prescribe uniform system of 
 bookkeeping for treasurer. (Okla. VI 19.)
 
 iLMi State ( 'oxstitctioxs 
 
 COUNTIES (Cont'd) 
 Treasurer (Cont'd) 
 
 Accounting for Public Funds {Cont'd) 
 
 Clerk of circuit court to forward to auditor of public accounts 
 certified copy of county treasurer's list of persons who have 
 paid poll tax and auditor to charge full amount of such list 
 to treasurer unless previously accounted for. (Va. II 3S.) 
 Legislature to provide for accountability as to fees collected and 
 all public moneys paid to or which officially come into 
 possession of treasurer. (Wash. XI 5.) 
 State examiner to examine accounts and report at least once in 
 each year to officer prescribed by law. (Wyoj IV 14.) 
 Compensation 
 
 To be paid such salary or compensation either from fees, per- 
 quisites and emoluments of his office, or from general county 
 fund, as provided by law. This section to govern unless 
 otherwise expressly provided by constitution. (Colo. XIV 8.) 
 Legislature may fix compensation without regard to uniformity 
 of such compensation in the various counties. (Ga. XI See. 
 
 Ill 1.) 
 
 To receive only salary fixed by law, in no case to exceed ** lawful 
 
 compensation " of circuit court judges of county and payable 
 
 out of fees of his office actually collected. (Cook county.) 
 
 (111. X 9.) 
 To be provided by law. (Tex. XVI 44.) 
 
 Legislature to regulate compensation in proportion to duties 
 and for that purpose may classify counties according to 
 
 population. (Wash. XI 5.1 
 ' onstitution classifies counties into those having assessed valua- 
 tion not exceeding $2,000,000, those having more than $2,000,- 
 000 and not exceeding $5,000,000, and those having more than 
 $5,000,000, -and fixes definite limits of salaries for each class, 
 leaving exact salary to legislature. These provisions to apply 
 to any officer of county performing duties usually performed 
 by those named regardless of title to office. (Wyo. XIV 3, 5.) 
 Deputies and Assistants 
 
 When authorized by county commissioners the county treasurer 
 may appoint such deputies and assistants as the duties of his 
 office require at compensation fixed by the county commis- 
 sioners. (Ida. XVI II 6.) 
 In Cook county number of deputies and assistants to be de- 
 termined by rule of circuit court and entered of record and 
 compensation to be fixed by county board. (111. X !).) 
 Election 
 
 Id be elected by qualified electors in each organized county sub- 
 ject to change by law. (Ariz. XII 3.) 
 To be elected by qualified electors of each county. (Ark. VII 46; 
 
 Tex. XVI 44: Va. VII 110.) 
 To lie fleeted in each county at the election for members of legis- 
 lature. This section to govern except as otherwise expressly 
 provided by constitution. (Colo. XIV 8.)
 
 I.xDk.x Digest 257 
 
 OUNTIES (Cont'd) 
 Treasurer [Cont'd) 
 Election (Cont'd) 
 
 Voters of each county to elect at time of holding genera] election. 
 
 (Ind. VI 2; Ore. VI 6.) 
 Legislature to provide by general and uniform laws for election 
 
 biennially in each county. (Ida. XVIII 6.) 
 To be elected in each county at general election Tuesday after 
 first Monday in November, 1882, and every four years follow- 
 ing. (111. X 8.) 
 To be elected in each organized county every two years. (Mich. 
 
 VIII 3; S.D. IX 5.) 
 To be selected in each county in manner provided by law for 
 
 each county. (Miss. V 135, 138.) 
 To be elected by inhabitants of towns in the several counties 
 "according to the method now practiced" and laws of state; 
 but legislature may change manner but not deprive people 
 of right to elect. (N.H. II 70.) 
 To be elected by qualified voters in each county as provided for 
 election members of legislature; but legislature may modify 
 
 or abrogate. (NX). VII 1, 14.) 
 To be elected in each organized county. (X.D. X 173.) 
 Legislature to provide by general and uniform laws for election 
 
 in each county. (Wash. XI 5.) 
 Fees 
 
 Fees, perquisites and emoluments in excess of salary authorized 
 to be paid therefrom, to be paid into the county treasury. 
 
 (Cook county.) (111. X 9.) 
 Powers and Duties 
 
 To be prescribed by law. (Ariz. XII 4; Ark. VII 46; Mich. VIII 
 
 3; Tex, XVI 44; Wash. XI 5.) 
 To be ex-offieio treasurer of common school fund of county. 
 
 (Ark. VII 46.) 
 To be collector of taxes. This section to govern except as other- 
 wise expressly provided by the constitution. (Colo. XIV 8.) 
 To be ex-offieio public administrator and tax collector. (Ida. 
 
 XVIII 6.) 
 
 Shall be collector of taxes. (Mont. XVI 5.) 
 Qualifications and Disqualifications 
 
 To be prescribed by law. (Ariz. XII 4.) 
 
 Treasurer ineligible to seat in legislature. (Ark. V 7.) 
 
 To be elector of county in which elected. (N.D. X 173.) 
 
 Not to be member of legislature, and qualification as «b^ 
 
 member to vacate office. (Va. IV 44.) 
 Not to hold office of sheriff, attorney for commonwealth, county 
 
 clerk, commissioner of revenue, superintendent of poor, county 
 
 surveyor, or supervisor. (Va. VII 113.) 
 Removal 
 
 May be removed by circuit or other court of like jurisdiction or 
 
 criminal court of county in which such officer holds office as 
 
 9
 
 258 State Constitutions 
 
 COUNTIES {Cont'd) 
 
 Treasurer [Cont'd) 
 Removal (Cont'd) 
 
 prescribed by law, provided that right to jury trial and 
 appeal be secured. Grounds for removal : " Wilful neglect 
 of duty, corruption in office, incompetency, or intemperance 
 in the use of intoxicating liquors or narcotics to such an 
 extent, in view of the dignity of the office and the importance 
 of its duties, as unfits the officer for the discharge of such 
 duties, or for any offense involving moral turpitude while 
 in office or committed under color thereof or connected 
 therewith." Penalty not to extend beyond removal and dis- 
 qualification from holding office under authority of state 
 for term for which such officer was elected or appointed, but 
 accused to be liable to indictment or punishment as pre- 
 scribed by law. (Ala. VII 173, 175, 176.) 
 
 Rotation in Office 
 
 Xot eligible more than four years in any six. (Ind. VI 2; Ohio 
 
 X 3.) 
 Not eligible for re-election for four years after expiration of 
 
 term for which elected. (111. X 8.) 
 Xot 'to hold office for more than two consecutive terms. (Kan. 
 
 IV 2; Mont. XVI 5.) 
 Xot eligible to " immediately succeed " himself or the county 
 
 sheriff. (Miss. V 135.) 
 Xot to hold office for more than four years in succession. (X.D. 
 
 X 173; S.D. IX 5.) 
 Xot eligible for next succeeding term. (Pa. XIV 1.) 
 
 Term of Office 
 
 Two years/ (Ariz. XII 3; Ark. VII 46; Ind. VI 2; Ore. VI 6; 
 
 S.D. IX 5.) 
 
 To commence on first Monday of December after election, and 
 
 to continue for four years and until successor qualifies. (111. 
 
 X 8.) 
 Term four years and unless removed until successors duly 
 
 qualified to enter on discharge of duties. (Miss. V 135, 136.) 
 Two years and until successor qualifies. (Mont. XVI 5; X T .D. 
 
 X 173; Tex. XVI 44.) 
 Two years, "but legislature may modify or abrogate". (X.C. 
 
 VII 1, 14.) 
 To be fixed by legislature. (Wash. XI 5.) 
 
 Vacancies 
 
 To be filled by special election but in case of vacancy occurring 
 six months before next general election governor to fill by 
 
 appointment. (Ark. VII 50.) 
 Governor to make temporary appointments during such time as 
 treasurer is suspended for alleged default in accounts. (Miss. 
 
 V 125.)
 
 IiNDKX D[(il'.ST 259 
 
 )UNTIES (Cont'd) 
 Employees 
 
 See also Labor — Public Work. 
 
 Employees of county officers not eligible to serve as election of- 
 ficers. (Ark. Ill 10.) 
 No state officer or deputy or member of legislature to be employee 
 of county; but notary, public or officer of militia not to be ineligi- 
 ble (Ky. 165.) 
 Legislature may regulate and fix wages and salaries and hours of 
 work, and make provision for protection, welfare and safety of 
 county employees. (N.Y. XII 1.) 
 " Appointments and promotions in the civil service * * * shall 
 be made according to merit and fitness, to be ascertained, as far 
 as practicable, by competitive examinations." (Ohio XV 10.) 
 Corrupt Practices 
 
 See also above, this title, Officers — Accounting for Public 
 
 Funds. 
 See also above, this title, Officers — Vacancy in Office — What 
 
 Constitutes. 
 In General 
 
 Officer not to receive during term any fee, money, office, em- 
 ployment, thing of value or personal advantage, or the promise 
 thereof, to lobby for or against measures pending in legisla- 
 ture or to give or withhold his influence to secure passage or 
 
 defeat thereof. (Ala. IV 101.) 
 Making a profit out of funds or using for purpose not author- 
 ized by law by any officer having possession or control thereof 
 to be felony; prosecuted and punished as prescribed by law. 
 
 (Cal. XI 17.) 
 Receiving by officer of county or member or officer of legislature 
 of interest, profit or perquisite arising from use or loan of 
 public funds in his hands or moneys to be raised through 
 his agency for county purposes to be felony punishable as 
 prescribed by law, including disqualification from holding 
 
 office. (Ga. VII Sec. IX 1.) 
 Receiving any interest, profit or perquisite arising from use 
 or loan of public funds in his hands or moneys to be raised 
 through his agency for state, city, town, district or county 
 purposes to be felony, punished as prescribed by law, in- 
 cluding disqualification to hold office. (Ky. 173; Okla. X 11.) 
 If any person offers or gives any sum of money, bribe, present, 
 reward, promise or any other thing to any parochial officer 
 with intent to induce or influence him to appoint any person 
 to office, to vote, or exercise any power in him vested, or to 
 perform any duty of him required, the person giving or offer- 
 ing to give and the officer so receiving any money, bribe, 
 present, reward, promise, contract, obligation or security with 
 intent aforesaid shall be guilty of bribery, and on conviction. 
 be disqualified from holding any state, parochial or municipal 
 office, and be forever ineligible to seat in legislature; legis- 
 lature may enact additional penalties. (La. 183.)
 
 :: :: ■ 
 
 COUNIIZS 
 
 In General 
 
 .. : r - : r oaauthorixei' 
 
 .. V - : XT 11: V 
 
 XV - 
 btezcsf a I :r.::icts 
 
 -: : "y or indireetlT 
 
 temi En which he was 
 expiration thereof. ( HL IT 
 \- Mich. IV " 
 : : :' I . - " e inlet ested di- 
 
 la." is or ra 
 
 fa ae was chosen or within one 
 
 :: :n : '-:::. 1 'iss TV '. 
 . _ - r sri E " to fee i: I im 
 
 fca . - - . ring his term or 
 
 - - :: :zl. Nebr. HI 11 
 --:'.-"" - - elerfced oc 
 
 - -"^d in c ts if au- 
 
 rized b ■ I ns I r ~ :- ':.-'. '-: -.'-i 
 
 V 23.) 
 ;- - d ntr - _■ " - : ::: :. - 7 - ir 
 
 : - ny law passed dur- 
 
 . - ?.D. Ill i . 
 
 : . • "It or indirectly h 
 
 r - " - - by any law passed during 
 
 ted 7-s. UI IS: W.Va. VI la 
 Pkee Z: z - r ; v.on 
 
 I nstic Obi T - — ■ Free Pass - 
 Eai b j . - - - - ' 
 
 Im R-vllbo.'. - 
 - - ■ - ----. - - 
 
 r.der per. ill 
 
 :-: 1 - 
 
 -. - - rSeer not to re 
 
 r reduced rates of i - " - " 
 
 -■imished a- law: but this 
 
 -men from aec • . 
 XIII I 
 Powers axd I 
 In C- i_ 
 
 ndemmm- 
 
 - 1 
 
 . . - - . - : - . . 
 
 - - - - . . 
 
 - _ - - 
 
 wr e ral law- S3 II 
 
 .. .■
 
 Tnkkx Digest - ,;1 
 
 UNTIES IConrd) 
 Powers and Rights [Cont'd) 
 In General (Cont'd) 
 
 May make and enforce within its limits such local, police, sani- 
 tary and other regulations as are not in conflict with its 
 charter or general laws. (Ida. XII - 
 " Legislature may confer upon tribunals transacting the county 
 business of the several counties, such powers of local legisla- 
 tion and administration as it shall deem expedient." (Kan. 
 
 II 21.) 
 To have such powers as may be prescribed by law. (La. 277.) 
 
 Restrictions Upon 
 
 stock and Bond Holding 
 
 See also beloic, this title, Finances — Expenditures. 
 Legislature not to authorize to become stockholder in any 
 corporation, association, or company by issuing bonds or 
 
 otherwise. (Ala. IV 94.) 
 Not to become subscriber to or shareholder in any company 
 
 or corporation. (Ariz. IX 7: Colo. XI 2.) 
 Not to become stockholder in company, association or cor- 
 poration. (Ark. XII 5.) 
 Not to become shareholder in any private corporation or 
 
 company. (Del. VIII 8.) 
 Legislature not to authorize becoming stockholder in for- 
 eign association or corporation. ( Fla. IX 10.) 
 Legislature not to authorize to become stockholder in com- 
 pany, association or corporation except for purely chari- 
 table purpose. (Ga. VII Sec. VI 1.) 
 County not to become by vote of its citizens or otherwise 
 stockholder in any joint stock company, corporation or 
 
 association. (Ida. XII 4.) 
 Nut to subscribe for unless paid at time of subscript inn. 
 
 (Ind. X 6.) 
 Legislature not to authorize any county or subdivision 
 thereof to become stockholder in any company, associa- 
 tion or corporation. (Ky. 179; Okla. X 17.) 
 Not to become subscriber to or owner of stock or interest 
 therein of any railroad, private corporation or association. 
 
 iXebr. XI A 1.) 
 Not to become stockholder in joint stock company, corpora- 
 tion or association except railroad corporation, companies 
 or associations. (Nev. VIII 10.) 
 Not to be directly or indirectly owner of any stock or 
 bonds of any association or corporation. (N.J. I 19; 
 
 Wash. VIII 7.) 
 
 Not to become directly or indirectly owner of stock or bonds 
 
 of association or corporation; but this does not prevent 
 
 making such provision for aid in support of its poor as 
 
 may be provided by law. (N.V. VIII 10.)
 
 262 State Constitutions 
 
 COUNTIES [Cont'd) 
 
 Powers axd Rights {Cont'd) 
 Restrictions Upon (Cont'd) 
 
 Stock and Bond Holding (Cont'd) 
 
 Xot to sub&cribe to or become owner of capital stock of any 
 association or corporation. (N.D. XII 185.) 
 
 Xot to become holder of corporate stock by vote of citizens 
 or otherwise! (Ore. XI 9.) 
 
 Legislature not to authorize becoming stockholder in com- 
 pany, association or corporation. (Pa. IX, 7; Tex. Ill 
 
 52.) 
 
 Legislature not to authorize county to subscribe to stock or 
 bond in aid of any railroad, telegraph, or other private 
 individual or corporate enterprise or undertaking. (Utah 
 
 VI 31.) 
 
 Xot to become owner of corporate stock in any association 
 or corporation. (Wyo. XVI 6.) 
 
 Not to subscribe to stock or purchase bonds or make dona- 
 tion to any railroad corporation; but this does not 
 affect validity of bonds or debts incurred under laws 
 existing prior to constitution. (Conn. Amend. XXV.) 
 
 Subscription to capital stock of any railroad or private cor- 
 poration forbidden, but this not to affect right to make 
 such subscriptions when authorized under existing laws 
 by vote of people prior to adoption of this amendment. 
 (111. Amend. 1870 — Municipal subscriptions to corpor- 
 ations separately submitted.) 
 
 Xot to become subscriber to stock of railroad or other cor- 
 poration or association. Authority granted prior to con- 
 stitution for such purpose by legislature or corporate 
 charter hereby repealed. This not to affect right to make 
 subscription authorized by vote of people prior to consti- 
 tution in pursuance of law then existing and where terms 
 of submission and subscription have been or shall be com- 
 plied with; or to prevent issue of renewal bonds or other 
 means prescribed by law for payment of such subscrip- 
 tion or of any indebtednass prior to constitution. (Miss. 
 
 VII 183.) 
 
 Xot to become subscriber to stock of railroad or other cor- 
 poration or association; authority previously conferred 
 by legislature or by charter of any corporation repealed; 
 but this not to prevent such subscription where author- 
 ized by vote of people prior to constitution or to prevent 
 renewal bonds or other means prescribed by law for pay- 
 ment of such subscription or of any indebtedness prior 
 
 to constitution. (Mo. IX 6.) 
 
 Not to become subscriber to stock of private corporation or 
 association ; this not to affect obligations undertaken 
 pursuant to law prior adoption constitution. (Tex. 
 
 XI 3.)
 
 Index Digest 2G3 
 
 COUNTIES (Cont'd) 
 
 Powers and Rights (Cont'd) 
 Restrictions Upon (Cont'd) 
 
 Stock and Bond Holding (Cont'd) 
 
 Not to subscribe to or become interested in "stock or obli- 
 gations " of company, association or corporation " for 
 the purpose of aiding in the construction or maintenance 
 of its work ", but this not to prevent county perfecting 
 subscription to capital stock of railroad company author- 
 ized by exising charter provided vote of freeholders of 
 such county in favor of such subscription is had prior 
 to July 1, 1903. (Constitution effective July 10, 1902.) 
 
 (Va." XIII 185.) 
 Joint Ouvership 
 
 Not to become " joint owner with any person, company or 
 corporation, except as to such ownerships as may accrue 
 to the state by operation or provision of law". (Ariz'. 
 
 IX 7.) 
 
 Xot to become joint owner with any person or corporation, 
 " public or private " " in or out of state " except such 
 ownership as may accrue to county jointly with any per- 
 son, company or corporation by forfeiture or Bale of real 
 estate for non-payment of taxes, or by donation or de- 
 vise for public use, or by purchase by or on behalf of any 
 or either of them jointly with any or either of them 
 under execution in cases of crimes, penalties or forfeiture 
 or recognizance, breach of condition of official bonds, or 
 of bond to, secure public money, or the performance of 
 any contract in which they or any of them may be jointly 
 or severally interested. (Colo. XI 2.) 
 
 Not to become joint owner with any private corporation, 
 person or company. (Del. VIII S.) 
 
 No law to authorize becoming joint owner or stockholder in 
 any company by vote of citizens or otherwise; but this 
 does not prevent insuring public buildings in mutual in- 
 surance companies. (Ohio VIII 6.) 
 
 Xot to become " stockholder with others " in company, asso- 
 ciation or corporation, except on assent of three-fourths 
 qualified voters voting at election thereon. (Tenn. II 
 
 29.) 
 
 Coin-tbol by State 
 In General 
 
 Local and private acts passed for the benefit of counties not in- 
 consistent with supreme law or this constitution and not ex- 
 pired or repealed prior to its adoption to have force of statute 
 law subject to judicial decision as to validity when passed and 
 to limitations imposed bv their own terms. (Ga. XII Sec. 
 
 I 4.) 
 
 Power of initiative and referendum reserved to legal voters of 
 
 every county and district " as to all local legislation or action
 
 264 State C<>.\si i n tioxs 
 
 COUNTIES (Confd) 
 
 Contbox by State {Cont'd) 
 In General (Cont'd) 
 
 in the administration of .county and district government ". 
 Manner of exercising these powers to be prescribed by gen- 
 eral laws, but boards of county commissioners may provide 
 for time of exercising such powers as to local legislation. 
 Number of petitioners required provided for. (Okla. V 5.) 
 
 Restrictions Upon 
 
 Legislature not to delegate to any special commission, private 
 corporation, company, association or individual " any power 
 to make, control, appropriate, supervise or in any way inter- 
 fere with any county " improvement, money, property or effects 
 whether held in trust or otherwise, or to levy taxes or assess- 
 ments or perform any municipal functions whatever, but legis- 
 lature may provide for supervision and conduct of affairs of 
 irrigation districts, reclamation districts or drainage districts. 
 
 (Cal. XI 13.) 
 
 Special and local legislation regulating affairs of counties for- 
 bidden. (Cal. IV 25; Colo. V 25; Ida. Ill 19; 111. IV 22; 
 Ind. IV 22; Minn. IV 33; Mo. IV 53; Mont. V 26; N.M. IV 
 24; N.D. II 69; Okla. V 46; Pa. Ill 7; S.D. Ill 23; Tex. 
 
 III 56; YV.Va. VI 39; Wyo. Ill 27.) 
 
 Legislature not to pass law for benefit railroad or other corpora- 
 tion or any individual or association retrospective in its opera- 
 tion or which imposes on people of county new obligation in 
 respect to transactions or considerations already passed. 
 
 • (Colo. XV 12; Mo. XII 19.) 
 
 Legislature not to pass law for benefit of railroad or other cor- 
 poration, or any individual or association, which imposes on 
 people of. any county a new T liability in respect to transactions 
 or considerations already passed. (Ida. XI 12; Mont. XV 13.) 
 
 Legislature not to enact indirectly any special or local act by 
 exempting from the operation of a general act. (Ky. 60.) 
 
 Local and special legislation regulating county affairs forbidden; 
 but this does not restrict power of legislature to establish 
 and regulate compensation and fees of county officers. (Nev. 
 
 IV 20; Utah VI, 26, 11.) 
 
 Private, local and special laws regulating internal affairs pro- 
 hibited. (X.J. IV 7, 11.) 
 Finances 
 
 For provisions incidentally relating to finances, See also above, this 
 title, •' Powers and Rights " and " Control by State". 
 
 In General 
 
 For provisions tespepting r< i mbursement of state for payment of 
 
 judges' salaries, See Courts. 
 Legislature not to require counties to pay any charges which at 
 time adoption constitution were payable out of state treasury. 
 
 (Ala. XI 218.)
 
 I \IiKX 1 )]<.!.- I 265 
 
 OUNTIES (Cont'd) 
 Finances ( Cont'd ) 
 
 In General (Cont'd i 
 
 Any citizen may institute suit in behalf of himself and others 
 interested to protect inhabitants of county against " enforce- 
 ment of any illegal exactions whatever". (Ark. XVI 3.) 
 Legislature to provide by law ■■ for the care and custody of all 
 county " funds, and " the method of reporting and paying out" 
 
 thereof. (Fla. VII] 6.) 
 Legislature to provide by law " such a system of county finances 
 as shall cause the business of the several counties to he con- 
 ducted on a cash basis ". Legislature to provide that when- 
 ever county has outstanding unpaid warrants for payment of 
 which there are no funds in county treasury, county commis- 
 sioners to levy special tax of 10 mills for creation of special 
 fund for redemption such warrants. All warrants issued 
 before such levy to be paid exclusively from said fund; all 
 moneys in county treasury end of each fiscal year not needed 
 for current expenses to be transferred to said redemption fund. 
 
 (Ida. VII 15.) 
 Control of excess in " judicial expense fund of the parish of 
 Orleans " made up of fees by clerks of specified courts and 
 registers of conveyances and recorder of deeds after paying 
 salaries and office expenses to be vested in judges of civil dis- 
 trict court. (La. 155.) 
 Local or special legislation refunding money paid into county 
 
 treasury forbidden. (Nev. IV 20.) 
 Legislature to pass suitable laws for transfer and disbursement 
 of funds; officers charged therewith shall keep accurate entry 
 of each sum received and of each payment and transfer, and 
 
 give bond. (S.C. X 12.) 
 
 Claims By and Against 
 
 '"In all cases of allowances made for or against " county appeal 
 to lie to circuit court at .instance of party aggrieved or on 
 intervention of citizen or resident and taxpayer of county on 
 terms and conditions. on which appeals granted to that court 
 in other cases. Matter to be tried de novo. Citizen appealing 
 to give bond payable to county, conditioned to prosecute appeal 
 and save county from costs thereon. (Ark. VII 51.) 
 
 Legislature not to pay or authorize payment of claim under con- 
 tract made without express authority of law. (Cal. IV 32.) 
 
 Counties not to be authorized or permitted to pay claim under 
 contract made without express authority of law. (Ky. 162.) 
 
 Legislature not to pay or authorize payment of claim against 
 parish under contract made without express authority of law. 
 
 (La. 47.) 
 
 County not to be made responsible for acts of sheriff. (Mich. 
 VIII 5; X.V. X 1; Va. VII 114; Wis. VI 4.)
 
 266 State Constitutions 
 
 COUNTIES (Cont'd) 
 Finances ( Cont'd ) 
 
 Claims By and Against (Cont'd) 
 
 Legislature not to authorize payment of claim hereafter created 
 against county under contract made without express authority 
 
 of law. (Mo. IV 48.) 
 Execution not to issue on judgment against board of county com- 
 missioners or against any officer of county in his official 
 capacity and for which- the county is liabh, but such judgment 
 shall be paid out of the proceeds of a tax levy and when so 
 collected shall be paid by " county treasurer " to the judgment 
 
 creditor. (N.M. VIII 7.) 
 No bills, claims, accounts or demands to be audited, allowed or 
 paid until full itemized written statement shall be filed with 
 the auditing officer. (N.D. XII 186.) 
 If death ensues, county where lynching takes place to be liable 
 without regard to conduct of officers " in exemplary damages " 
 not less than $2,000 to legal representatives of person lynched; 
 and county against which judgment may be recovered in such 
 case may recover from " parties engaged in said lynching ". 
 
 (S.C. VI 6.) 
 
 Legislature not to authorize payment of claims created against 
 
 county under contract made without authority of Jaw. (Tex. 
 
 Ill 53.) 
 Legislature not to authorize payment of any claim hereafter 
 created against the county under contract " made without 
 authority of law ", but this does not apply to claims incurred 
 by public officers in execution of state laws. (Utah VI 30.) 
 All claims against county to be passed on by board of super- 
 visors subject to such appeal as provided by law. (Va. 
 
 VII 111.) 
 
 " No bills, claims, accounts or demands against the county " shall 
 
 be audited, allowed or paid until a full itemized statement in 
 
 writing verified by affidavit shall be filed with the officer or 
 
 officers whose duty it may be to audit same. (Wyo. XVI 7.) 
 
 Release of Obligations 
 
 No obligation or liability of person, association or corporation 
 held or owned by county to be remitted, released or postponed 
 or in any way diminished by legislature nor extinguished 
 except by payment, nor exchanged or transferred except upon 
 payment of face value; but this does not prevent legislature 
 providing by general law for compromise of doubtful claim. 
 
 (Ala. IV 100.) 
 
 Legislature not to release, diminish or authorize release or 
 diminution in whole or in part indebtedness or liability of any 
 corporation or individual to county. (Ky. 52.) 
 
 Legislature not to release or extinguish or authorize releasing 
 or extinguishing any part of indebtedness or obligation of cor-
 
 Index Digest 207 
 
 :OUNTIES (Cont'd) 
 Fi NANCES ( Cont'd ) 
 
 Release of Obligations [Cont'd) 
 
 poration or individual to parish, but heirs to confiscated prop- 
 erty may be released from taxes due thereon at date of its re- 
 version to them. (La. 59.) 
 Obligation due county not to be remitted, released or postponed 
 or in any way diminished except by payment into proper 
 treasury; not to be exchanged or transferred except upon pay- 
 ment of its face value; but legislature may provide by law for 
 the compromise of doubtful claims. (Miss. IV 100.) 
 Legislature not to release or extinguish in whole or in part in- 
 debtedness, liability or obligation of corporation or individual 
 
 to the county. (Mo. IV 51.) 
 
 Local or special legislation releasing indebtedness, liability or 
 
 obligation of person or corporation to county forbidden. (New 
 
 IV 20.) 
 
 Legislature not to release or extinguish or authorize releasing or 
 
 extinguishing in whole or in part the indebtedness, liabilities 
 
 or obligations of corporation or individual to county. (Okla. 
 
 V 53; Tex. Ill 55.) 
 Deposit of Funds 
 
 " All moneys, assessments and taxes belonging to or collected for 
 the use of " county coming into hands of officer thereof to be 
 immediately deposited with treasurer or other legal depositary 
 to its credit for benefit of funds to which they belong. (Cal. 
 
 XI 16; Wash. XI 15.) 
 
 All moneys belonging to county may be deposited in any national 
 bank within county or in any bank organized under laws of 
 state in manner and under conditions provided by law. (Cal. 
 
 XI 16%.) 
 
 Banks of deposit to furnish as security for deposits bonds of 
 United States, California or any county, municipality or 
 school district or irrigation district within county, to be ap- 
 proved by officer designated by law, to an amount in value at 
 least 10 per cent, in excess of amount of deposit. (Cal. 
 
 XI 16%.) 
 
 Banks to pay reasonable rate of interest not'less than 2 per cent, 
 per annum on daily balances. (Cal. XI 16%.) 
 
 Deposit in banks not at any one time to exceed 50 per cent, of 
 paid-up capital stock of depository bank, and no officer to 
 deposit at one time more than 20 per cent, of public moneys 
 available for deposit in any bank while there are other 
 qualified banks requesting such deposits. (Cal. XI 16%.) 
 
 All county money except as otherwise provided in constitution 
 shall whenever practicable be deposited in a national bank <>r 
 bank incorporated under laws qf state; bank to furnish secu- 
 rity approved as provided by law and to pay reasonable rate of 
 interest, such interest to accrue to the fund from which it is 
 
 derived. (Wyo. XV 7.)
 
 268 State Constitutions 
 
 COUNTIES (Cont'd) 
 Finances (Cont'd) 
 Expenditures 
 In General 
 
 Legislature to empower board of supervisors of each county 
 to aid in supporting company of national guard within 
 county borders under regulations and restrictions pre- 
 scribed by law. (Miss. IX 222.) 
 " The expenses of criminal prosecutions except those before 
 justices of the peace shall be borne by the county in 
 which such prosecution shall be begun." Defendants in 
 case of conviction may be taxed with costs. (Miss. 
 
 XIV 261.) 
 Donations in aid of internal improvements in aggregate with 
 similar donations of subdivisions of count}' not to exceed 
 10 per cent, of assessed valuation of county. Not to be 
 made unless proposition has first been submitted to quali- 
 fied electors at an election authorized by law. On two- 
 thirds vote limit may be increased to 5 per cent, in addi- 
 tion to 10 per cent, of assessed valuation. (Nebr. XII 2.) 
 Not to pay any debt or interest thereon contracted directly 
 
 or indirectly in aid of the Rebellion. (N.C. VII 13.) 
 Not to pay any debt or obligation created by county in aid 
 of Civil War. (Va. XIII 186.) 
 Aid to Private Enterprise 
 
 For provisions relating to power of county to lend its credit 
 to or incur dehts to or in aid of private enterprise, See 
 below, this title, Debt — Purpose. 
 Legislature not to authorize counties to grant public money 
 or thing of value to or in aid of individual, association or 
 corporation by issuing bonds or otherwise. (Ala. IV 94.) 
 Not to make any donation by subsidy or otherwise to indi- 
 vidual, association or corporation. (Ariz. IX 7; Mont. 
 
 XIII 1.) 
 Not to appropriate or obtain money for any company, asso- 
 ciation or corporation. (Ark. XII 5.) 
 Not to make donation or grant to or in aid of any person, 
 company or corporation " public or private " in or out of 
 
 county. (Colo. XI 2.) 
 Not to appropriate money to any private corporation, person 
 
 or company. (Del. VIII 8.) 
 Legislature not to authorize obtaining or appropriating 
 money for corporation, association, institution or indi- 
 vidual. (Fla. IX 10.) 
 Not to make by vote of citizens or otherwise donation to or 
 in aid of any joint-stock company, corporation or associa- 
 tion. (Ida. XII 4.) 
 Donations to railroad or private corporation prohibited. 
 (111. Amend. 1870 Municipal subscriptions to corpora- 
 tions separately submitted.)
 
 r.Mux Digest 200 
 
 COUNTIES (Cont'd) 
 Finances ( Cont'd ) 
 
 Expenditures (Cont'd) 
 
 Aid to Private En f&mpriae (t'uni'd) 
 
 Not to make appropriation in aid of any railroad or other 
 
 corporation or association. (Miss. VII 183.) 
 Legislature not to authorize to grant public money or thing 
 of value to or in aid of individual, association or corpora- 
 tion. (Mo. IV 47; Tex. Ill 52.) 
 Appropriation or donation to or in aid of railroad or other 
 corporation or association forbidden. Authority pre- 
 viously conferred by legislature or by any corporate 
 charter repealed. (Mo. IX 6.) 
 Forbidden to give or loan money to or in aid of any indi- 
 vidual, association or corporation. (N.J. I 10.) 
 Legislature not to authorize county or subdivision thereof to 
 obtain or appropriate money for or levy tax for any cor- 
 poration, association or individual. (Okla. X 17.) 
 Legislature not to authorize appropriation of money to " any 
 corporation, association, institution or individual". (Pa. 
 
 IX 7.) 
 Not to make appropriation or donation to private corpora- 
 tion or association; this not to affect obligations under- 
 taken pursuant to law prior adoption constitution. (Tex. 
 
 XI 3.) 
 
 Donations to aid railroad or telegraph lines forbidden. 
 
 (Wyo. X Railroads 5.) 
 
 County not to make appropriation or pay from any public 
 fund or grant anything to or in aid of religious sect, 
 church, creed or sectarian purpose or help to support or 
 sustain any school, college, university, hospital or other in- 
 stitution controlled by any religious creed, church or sec- 
 tarian denomination ; but this does not prevent legislature 
 granting aid to institutions, for the support and mainte- 
 nance of dependent children and indigent aged persons, 
 authorized by constitution. (Cal. IV 30.) 
 
 Legislature not to authorize counties to appropriate money 
 for corporation, association, company, institution or in- 
 dividual, except for purely charitable purposes. (Ga. VII 
 
 Sec. VI 1.) 
 
 Legislature not to authorize county to appropriate money 
 to any corporation, association or individual except for 
 purpose of constructing or maintaining bridges, turnpike 
 roads or gravel roads. (Applies also to subdivisions of 
 
 counties.) (Ky. 170.) 
 
 Not to loan credit to any " college or institution of learning 
 or other institution whether created for or to be con- 
 trolled by state or others". Authority previously con- 
 ferred by legislature or by corporate charters repealed.
 
 270 State Constitutions 
 
 COUNTIES {Cont'd) 
 Finances ( Cont'd ) 
 
 Expenditures (Cont'd) 
 
 Aid to Private Enterprise (Confd) 
 
 This does not prevent issue of bonds or other means of 
 payment of subscription to corporate stock authorized by 
 people prior to constitution or of other existing debt. 
 
 (Mo. IX 6.) 
 Except as otherwise provided in constitution county not to 
 make donation to or in aid of, directly or indirectly, any 
 person, association or corporation or to any private enter- 
 prise for construction of railroad; but this not to be 
 construed to prohibit provision for care of sick and indi- 
 gent persons. (N.M. IX 14.) 
 Not to give money or property or lend money to or in aid 
 of any individual, association or corporation; but this 
 not to prevent making such provisions for aid and sup- 
 port of its poor as may be authorized by law. (N.Y. 
 
 VIII 10.) 
 
 Not to make donation to or in aid of individual, association 
 
 or corporation, except for necessary support of poor. 
 
 (N.D. XII 185; Wyo. XVI 6.) 
 Not to make donations to or in aid of, or pay the debt or 
 liability of, individual, association or corporation, except 
 for necessary support of poor. (S.D. XIII 1.) 
 Not to give money to or in aid of individual, association, 
 company or corporation, " except for the necessary sup- 
 port of the poor and infirm ". (Wash. VIII 7.) 
 Donations in aid of railroads in aggregate with similar 
 donations of subdivisions of county not to exceed 10 per 
 cent, of assessed valuation of county. Not to be made 
 unless proposition has been first submitted to qualified 
 electors at an election authorized by law. On two-thirds 
 vote may be increased 5 per cent, in addition to 10 per 
 cent, of assessed valuation. (Nebr. XII 2.) 
 Aid to Public Corporation 
 
 County not to make donation or grant to or in aid of any 
 public corporation in or out of the county. (Colo. XI 2.) 
 Except as otherwise provided in constitution, county not to 
 make donation, directly or indirectly, to or in aid of pub- 
 lic corporation; but this not to be construed to prohibit 
 provision for care of sick and indigent persons. (N.M. 
 
 IX 14.) 
 Extra Compensation to Officers, Agents or Contractors 
 
 Legislature not to authorize or require, nor county to have 
 authority to grant, extra compensation, fee or allowance 
 to public officer, servant or employee or agent after serv- 
 ice rendered. This does not apply to allowances by com- 
 missioners' court or boards of revenue to county officers 
 for ex officio services. (Ala. IV 68.)
 
 Index Digest 271 
 
 COUNTIES [Cont'd) 
 
 Finances ( Con t'd ) 
 
 Expenditures {Cont'd) 
 
 Extra Compensation to Officers, Agents or Contractors [Cont'd) 
 Legislature not to authorize any enmity authority t<> grant 
 extra compensation or allowance to any public officer, 
 agent or servant after service rendered. (Cal. IV" 32; 
 Mo. IV 48; Tex. Ill 53; Utah VI .'30.) 
 Not to .grant extra compensation to public officer, employee, 
 agent or servant, or increase compensation of public 
 officer or employee to take effect during continuance in 
 office of any person whose salary might be thereby in- 
 creased. (Conn. Amend. XXIV.) 
 Legislature not to authorize any parish authority to grant 
 extra compensation, fee or allowance to public officer, 
 
 agent or servant. (La. 47.) 
 Board of supervisors not to grant extra compensation to 
 
 "public officer", servant or agent. (N.Y. Ill 28.) 
 Legislature not to authorize or require, nor county to have 
 authority to grant extra compensation, fee or allowance to 
 contractors after service rendered or contract made. (Ala. 
 
 IV 68.) 
 
 Legislature not to authorize any county authority to grant 
 
 extra allowance after contract entered into and partly 
 
 performed. (Cal. IV 32; Mo. IV 4S; Tex. Ill 53; Utah 
 
 VI 30.) 
 
 Not to increase pay or compensation of any public contractor 
 
 above amount specified in the contract. (Conn. Amend. 
 
 XXIV.) 
 
 Legislature not to authorize any parish authority to grant 
 
 extra compensation fee or allowance to contractor. (La. 
 
 47.) 
 Board of supervisors not to grant extra compensation to 
 
 contractor. (N.Y. Ill 28.) 
 
 Warrants 
 
 No money to be drawn from county treasury except on warrant 
 of duly authorized officer in manner and form prescribed by 
 
 legislature. (Ida. VII 14.) 
 No money to be drawn from treasury except by authority of law. 
 
 ( Minn. XI 6"; Ohio X 5.) 
 
 No money to be drawn from treasury except by authority of 
 
 law; "but legislature may modify or abrogate". (N.C. 
 
 VII S, 14.) 
 
 Debt, See below, this title. Debt. 
 Taxation, See Taxation. 
 Debt 
 
 Existing Time Adoption Constitution 
 
 People or legislature not to pass law validating if invalid at 
 time state admitted. This irrevocable without consent of 
 United States. (Ariz. XX Sixth.)
 
 272 State Co.xsrrnTioNS 
 
 COUNTIES {Cont'd) 
 
 Debt (Cont'd) 
 
 Existing Time Adoption Constitution (Cont'd) 
 
 Nothing in this article to be construed to impair or add to 
 obligation of debts contracted in accordance with territorial 
 law; or to prevent contracting any debt or issuing bonds 
 therefor in accordance with laws of territory upon proposition 
 which according to such laws was submitted to qualified elec- 
 tors before constitution took effect. (Colo. XI 9.) 
 Validity of not affected by prohibition of loans of credit in aid 
 of private or corporate enterprise. (Conn. Amend XXV; Tex. 
 
 XI 3; W'yo. X Railroads 5.) 
 Territorial county debts not assumed by state to remain valid 
 and unaffected until paid or refunded according to law; no 
 county to be required to pay any portion of debt of any other 
 county assumed by state; amounts contributed by other 
 counties to general levy to meet deficiencies in fund for pay- 
 ment of debts of specified counties to be returned to such 
 counties out of such fund. (N.M. IX 2, 4, XXII 12.) 
 Debts existing at time of adoption of constitution in excess of 
 constitutional limitation of amount of county debts not to be 
 
 void. ' (X.Y. VIII 10.) 
 Authorized to pay either by tax levy or by issuing bonds under 
 provisions of laws extended in force in state; but nothing in 
 constitution to legalize any invalid debt or impair any defense 
 against payment thereof. (Okla. Sched. 25, 37.) 
 Nothing in this article to impair or add to obligation of any 
 debt contracted prior to constitution under laws of territory. 
 
 (Utah XIV 7.) 
 
 May be bonded by county or subdivision thereof in sum not 
 
 exceeding 4 per cent, on assessed value of taxable property 
 
 in county* as shown by last general assessment. (Wyo. XVI 3.) 
 
 Power to Incur Generally 
 
 County's power to incur debt to cease where county boundaries 
 are same as city, or county is wholly included within city. 
 
 (N.Y. VIII 10.) 
 Purpose 
 
 In General 
 
 Limited to "county purposes"; but county may make pro- 
 vision as authorized by law " for the aid or support of its 
 
 poor". (N.Y. VIII 10.) 
 To be incurred solely for county purposes. (Utah XIV 4; 
 
 Wash. VIII 6.) 
 No county to contract debt by loan in any form except for 
 '" electing necessary public buildings and making or re- 
 pairing public roads and bridges". (Colo. XI 6.) 
 No bonds to l.c issued for any purpose other than that 
 stated in proposition submitted to taxpayers nor for a 
 greater amount than therein stated, nor shall such bonds 
 be issued for any purpose other than " for constructing,
 
 I.\i»r.\ Digest 27.3 
 
 COUNTIES {Cont'd) 
 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 In General (Condi) 
 
 improving and maintaining public roads and highways, 
 paving mid improving streets, toads and alleys, purchasing 
 and constructing systems of water works, sewerage, drain- 
 age, navigation, lights', public parks and buildings, to- 
 gether with all necessary equipment and furnishings, 
 bridges and other works of public improvement, the title 
 to which shall rest in the subdivision creating the debl 
 as the case may be". (La. 2S1 (1).) 
 
 Police juries of parishes " for the purpose of constructing 
 highways and public buildings for the parish * and 
 
 for all municipal improvements, after making provision 
 for the payment of all statutory and ordinary charges 
 may fund into bonds". (La. 281 (4).) 
 
 No county to borrow money except for erection of necessary 
 public buildings or construction or repair of public roads 
 and bridges. (X.M. IX 10.) 
 
 Legislature not to authorize counties to issue bonds for any 
 purpose " except educational purposes, to build and repair 
 public roads, buildings and bridges, to maintain and sup- 
 port prisoners, pay jurors, county officers and for liti- 
 gation, quarantine and court expenses and for ordinary 
 county purposes to support paupers and pay past in- 
 debtedness". (S.C. X 6.) 
 
 When any county or " city and county " adopts voting 
 machines governing body may provide for payment thereof 
 by issuing interest-bearing bonds, certificates of indebted- 
 ness or other obligations; not to be sold for less than 
 par and payable at such times not exceeding 10 years 
 as may be determined. (Colo. VII 8.) 
 
 Legislature may authorize county or political subdivision 
 thereof or any number of adjoining counties to issue bonds 
 or otherwise lend credit in limited amount when approved 
 on referendum for irrigation, drainage or navigation 
 improvements or for construction, maintenance and opera- 
 tion of paved roads and turnpikes. (Tex. Ill 52.) 
 
 Counties bordering on gulf may issue bonds for sea walls. 
 breakwaters or sanitary purposes. (Tex. XI 7.) 
 
 Counties other than Philadelphia may contract debts to pro- 
 vide for interest and sinking fund charges during con- 
 struction and until completion and operation for one year, 
 of waterworks, subways, underground or streel railways 
 and appurtenances built by proceeds of county's obliga- 
 tions. (Pa. IX 15.) 
 
 Not to assume to pay any debt contracted directly or in- 
 directly in aid of the Rebellion. (N..C. VII 13.) 
 
 Legislature not to authorize county to contract debt for 
 construction of railroad. (YYyo. Ill 39.)
 
 274 State Constitutions 
 
 COUNTIES (Cont'd) 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid to Private or Corporate Enterprise 
 
 For prohibition on ownership of securities of private cor- 
 poration, or donations or appropriations to such cor- 
 porations, Sec above, this title, " Powers and Rights — 
 Restrictions upon — Stock and Bond Holding " and 
 " Finances — Expenditures — ■ Aid to Private Enter- 
 prise ". 
 Legislature not to authorize to lend credit to or in aid of 
 individual, association or corporation by issuing bonds 
 or otherwise. (Ala. IV 94.) 
 Not to give or lend credit in aid of individual, association 
 
 or corporation. (Ariz. IX 7.) 
 Not to lend credit for any purpose whatever; and no munic- 
 ipality to grant financial aid toward construction of rail- 
 roads or other private enterprises operated by any private 
 person or corporation. Not to obtain money for or lend 
 credit to corporation, association, institution or individual. 
 
 (Ark. XVI 1, XII 5.) 
 Legislature not to authorize giving or lending credit of 
 county or of " city and county " in aid of any person, 
 association or corporation or pledge credit thereof for 
 payment of liabilities of any individual, association or 
 corporation. But city and county of San Francisco author- 
 ized to incur not exceeding $5,000,000 debt in aid of 
 Panama Exposition, proceeds to be paid to exposition 
 
 company. (Cal. IV 31.) 
 
 Alameda county authorized on vote of two-thirds electors 
 
 to incur not exceeding $1,000,000 debt in aid of Panama 
 
 Exposition. (Cal. XI 18.) 
 Not to lend or pledge credit or faith in any manner to or 
 in aid of any person, company or corporation for any 
 amount or for any purpose, " public or private ", or be- 
 come responsible for any debt, contract or liability of any 
 person, company or corporation. " public or private ", in 
 or out of state. (Colo. XI 1.) 
 Not to lend credit directly or indirectly in aid of any rail- 
 road corporation; but this not to affect validity of bonds 
 or debts incurred under laws existing prior to constitu- 
 tion. (Conn. Amend. XXV.) 
 Not to lend credit or assume debt of any private corporation, 
 
 person or company. (Del. VI IT 8.) 
 Legislature no1 to authorize loan of credit to any corpora- 
 tion, association, institution or individual. ( Fla. IX 10; 
 
 Pa. IX 7.) 
 Legislature not to authorize loans of credit to individual, 
 association or corporation. (Mo. IV 47; Okla. X 17.)
 
 Tndkx Dk.kst 275 
 
 COUNTIES (Cont'd) 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid to Private or Corporate Enterprise [Cont'd) 
 
 Legislature not to authorize to lend credit to corporation, 
 company, association, institution or individual, except for 
 purely charitable purposes. (Ga. VII Sec. VI 1.) 
 
 Not to lend or pledge credit or faith in any manner to or in 
 aid of any individual, association or corporation for any 
 amount or any purpose or become responsible for the 
 debt, contract or liability of any individual, association 
 or corporation in or out of state. Not to raise money 
 for or lend credit, by vote of citizens or otherwise, to or 
 in aid of any joint-stock company, corporation or associa- 
 tion. (Ida. VIII 4, XII 4.) 
 
 Loan of credit in aid of railroad or private corporation for- 
 bidden. (111. Amend. 1870. Municipal subscriptions to 
 corporations, separately submitted.) 
 
 Not to lend credit to nor borrow money for purpose of 
 taking stock in any incorporated company. (Ind. X 6.) 
 
 Legislature not to authorize county or subdivision thereof 
 to obtain money for or lend its credit to any corporation, 
 association or individual except for purpose of contract- 
 ing or maintaining bridges, turnpike roads or gravel 
 
 roads. (Ky. 179.) 
 
 No county to give or lend credit to or in aid of association 
 or corporation, unless authorized by act of legislature 
 published two months before next election of lower house, 
 in newspapers of county, and approved by majority of 
 all members elected to each house at next session after 
 
 said election. (Md. Ill 54.) 
 
 Debt " to aid in the construction or equipment of any or all 
 railroads " limited in amount to 5 per cent, of value of 
 taxable property in county. (Minn. IX 15.) 
 
 Not to lend credit in aid of railroad or other corporation 
 
 or association. (Miss. VII 183.) 
 
 Not to lend credit to railroad or other corporation or as- 
 sociation or to any " college or institution of learning or 
 other institution, whether created for or to be controlled 
 by the state or others ". Authority previously conferred 
 by legislature or by corporate charter repealed ; but this 
 does not prevent issue of renewal bonds or other means 
 of paying subscription to corporate stock approved by 
 people prior to constitution or other means to pay such 
 subscription or then existing debt. (Mo. IX 6.) 
 
 Not to give or lend credit in aid of individual, association or 
 corporation. Legislature not to authorize county to con- 
 tract debt or obligation for or give or lend credit to or 
 in aid of construction of railroad. (Mont. V 38.)
 
 %%% State Constitutions 
 
 COUNTIES (Cont'd) 
 Debt [Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid lo Private or Corporate Enterprise (Cont'd) 
 
 Not to make " donations " to " railroad or other works of 
 internal improvement", unless proposition therefor first 
 submitted to qualified electors at election by authority 
 of law; such donations of a county, together with dona- 
 tions of subdivisions in the county not to exceed in the 
 aggregate 10 per cent, of assessed valuation of county; 
 county may by two-thirds vote increase such debt 5 per 
 cent, in addition to such 10 per cent.; no bonds or other 
 evidences of such debt to be valid unless indorsed with 
 certificate signed by secretary and auditor of state, show- 
 ing that same is issued pursuant to law. (Xebr. XII 2.) 
 
 Xot to lend credit in aid of any joint-stock company, 
 corporation or association except railroad corporations, 
 companies or associations. (Xev. VIII 10.) 
 
 Xot to lend credit to any individual, association or cor- 
 poration, or become security for any association or 
 
 corporation. (X.J. I 19.) 
 
 Except as otherwise provided in constitution, county not 
 to lend or pledge its credit directly or indirectly in aid 
 of any person, association or corporation or of any 
 private enterprise for construction of railroad; this not 
 to be construed to prohibit care of sick and indigent 
 persons; and not to prevent issue of bonds to pay or 
 refund valid bonds of county. (X.M. IX 14, 1,5.) 
 
 Xot to lend its credit to or in aid of any individual, as- 
 sociation or corporation; but this not to prevent making 
 such provision for aid and support of its poor as may 
 be authorized by law. (X.Y. VIII 10.) 
 
 Credit not to be given or loaned to or in aid of any in- 
 dividual, association or corporation, except for necessary 
 support of poor. (X.D. XII 1S5.) 
 
 Xo law to authorize raising money for or lending credit 
 to any company or association by vote of citizens or 
 otherwise: but this does not prevent insuring public 
 buildings in mutual insurance companies. (Ohio VIII 0.) 
 
 Xot to raise money for or lend credit to or in aid of any 
 company, corporation or association, by vote of citizens 
 
 or otherwise. (Ore. XI 9.) 
 
 County not to lend or give credit to or in aid of, or become 
 responsible for debt or liability of, individual, association 
 or corporation, except for necessary support of poor. 
 
 (S.D. XIII 1.) 
 
 Credit not to be loaned or given to or in aid of any person, 
 company, association or corporation, except on assent of 
 three-fourths of qualified voters voting at election thereon. 
 
 (Tenn. II 29.)
 
 r.\i)i:x Digest 277 
 
 COUNTIES [Cont'd) 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid to Private or Corporate Enterprise (Cont'd) 
 
 Not to lend credit to any private corporation or association; 
 but this not to affect obligations undertaken pursuant to 
 law prior to adoption constitution. Legislature not to 
 authorize county to lend credit to any individual, associa- 
 tion or corporation; but legislature may authorize county 
 or political subdivision thereof, or any number of adjoining 
 counties, to issue bonds or otherwise lend credit in any 
 amount not exceeding one-fourth of assessed valuation 
 of real property thereof when approved on referendum by 
 two-thirds resident property taxpayers voting on question, 
 who are qualified electors, in aid of irrigation, drainage 
 or navigation improvements or in aid of the construction, 
 maintenance and operation of paved roads and turnpikes. 
 
 (Tex. Ill 52.) 
 Legislature not to authorize county to lend credit in aid 
 of any railroad, telegraph or other private individual or 
 corporate enterprise or undertaking. (Utah VI 31.) 
 Xot to grant credit " under any devise or pretense whatso- 
 ever " to or in aid of any person, association or cor- 
 poration. ('Va. XI 11 1S5.) 
 Not to lend money or credit to or in aid of individual, asso- 
 ciation, company or corporation " except for the necessary 
 support of the poor and infirm". (Wash. VIII 7.) 
 Not to give or lend credit to individual, association or 
 corporation except for necessary support of poor. (Wyo. 
 
 XV] o.) 
 
 Credit not to be given or loaned in aid of "construction" 
 of railroad or in aid of railroad or telegraph lines; but 
 this does not affect obligations contracted prior to adoption 
 of constitution. (Wyo. Ill 39, X Railroads 5.) 
 
 Aid to Municipal or Public Corporation 
 
 Legislature not to authorize giving or lending credit of 
 county or of "city and county" in aid of any municipal 
 corporation or to pledge credit thereof for payment of lia- 
 bilities of any municipal corporation. (Cal. IV 31.) 
 
 Not to become responsible for any debt, contract or liability 
 of any corporation "public or private" in or out of state. 
 
 (Colo. XI 1.) 
 
 Except as otherwise provided in constitution, county not to 
 lend or pledge credit, directly or indirectly, to or in aid 
 of any public corporation; but this not to prohibit county 
 making provision for care of sick and Indigent persons; 
 and not to prevent issue of bonds to pay or refund valid 
 bonds of county. ('M;M. IX U. 15.)
 
 278 State Constitutions 
 
 COUNTIES (Cont'd) 
 Debt (Cont'd) 
 
 Referendum on Proposition to Incur 
 
 Private, local or special legislation authorizing issuance of bonds 
 or other securities forbidden unless authorized before enact- 
 ment such law by vote qualified electors thereof at election 
 held for purpose in manner prescribed by law; but legislature 
 may without such election pass special laws to refund bonds 
 issued before ratification constitution. (Ala. IV 104.) 
 
 Legislature may pass general laws authorizing counties to issue 
 bonds; but none to be issued under such general laws unless 
 first authorized by majority vote by ballot of qualified voters 
 thereof voting on proposition. Special provision for form of 
 ballot. This not to apply to renewal, refunding or reissuing' 
 of bonds lawfully issued or authorized by law enacted prior 
 to ratification constitution ; and not to apply to obligations, 
 incurred or bonds to be issued to pay for street and sidewalk 
 improvements or sanitary or storm water sewers, the cost 
 of which is assessed in whole or part against property abutting 
 said improvements or drained by such sewers. (Ala. XII 222.) 
 
 Not to incur debt in excess of 4 per cent, of taxable property 
 without assent of majority of property taxpayers Avho are 
 also qualified electors voting at election provided by law to be 
 held for the purpose. (Ariz. IX 8.) 
 
 Xot to incur in any manner or for any purpose indebtedness or 
 liability " exceeding in any year the income and revenue pro- 
 vided for such year ", unless proposition to incur such debt is 
 approved by two-thirds of qualified electors voting at election 
 held for that purpose. Except as provided in constitution, 
 indebtedness incurred contrary to this provision to be void. 
 
 (Cal. XI 18.) 
 
 Aggregate debt limited to twice the amount of " rates upon the 
 taxable property", unless in manner provided by law question 
 of incurring such debt is submitted at general election to 
 qualified voters of county who in year last preceding election 
 paid a tax on property assessed for such county and unless 
 majority of those voting thereon shall approve incurring such 
 
 debt. (Colo. XI 6.)- 
 
 Counties having outstanding warrants or bonds for specified 
 purposes on December 31, 1886, authorized to issue refunding 
 bonds provided majority of tuxpaying qualified electors voting 
 on proposition at general or special election approve. Such 
 election to be held and bonds issued in manner provided by 
 laws of state for issuance of road, property and public build- 
 ing bonds. (Colo. XI 6.) 
 
 Xot to incur new debt except for temporary loan to supply 
 casual deficiencies of revenue, which shall not exceed one-filth 
 of 1 per cent, of assessed value of taxable property therein, 
 without assent two-thirds qualified voters at election for pur- 
 pose held as prescribed by law. (Ga. VII Sec. VII 1.)
 
 I.mhx Digest 279 
 
 COUNTIES (Cont'd) 
 Debt (Cont'd) 
 
 Referendum on Proposition to Incur (Cont'd \ 
 
 Not to incur any debt or liability in any manner, for any pur- 
 pose, "exceeding in that year" Income and revenue provided 
 for it for such year without assent two-thirds qualified electors 
 thereof voting at election held for purpose. Any debt or 
 liability incurred contrary to this provision to bo void, but 
 this not to be construed " to apply to the ordinary and neces- 
 sary expenses authorized by the general laws of the state ". 
 
 (Ida. VIII 3.) 
 
 Not to become indebted in any manner or for any purpose to 
 amount exceeding in any year income and revenue for that 
 year without consent of two-thirds voters voting at election 
 held for the purpose. Indebtedness contracted in violation of 
 this provision to be void and not to be assumed by municipality 
 or enforcible against persons contracting. (Ky. 157.) 
 
 No bonds to he issued unless authorized by vote of majority " in 
 number and amount of the property taxpayers " qualified to 
 vote and who vote at election held for purpose after due notice 
 by newspaper publication as specified. Similar and detailed 
 provisions for renewal and refunding bonds. (La. 281 (1), 
 
 (6).) 
 
 Xo county to contract debt or obligation for construction of 
 railroad, canal or other work of internal improvement, unless 
 authorized by act of legislature published for two months 
 before next election of members lower house, in newspapers 
 of county, and approved by majority of all members elected to 
 each house at next session after said election. (Md. Ill 54.) 
 
 Debts for construction or repair of public buildings or bridges in 
 excess of one-tenth of a mill on assessed valuation not to be 
 incurred without submission to voters and approval of majority 
 of those voting thereon. (Mich. VIII 10.) 
 
 Not to be allowed to become indebted in any manner or for any 
 purpose to amount exceeding in any year income and revenue 
 provided in such year without assent two-thirds voters thereof, 
 voting at election held for purpose. This not to apply to 
 counties having cities of 100,000 or more inhabitants. (Mo. 
 
 X 12.) 
 
 Xot to incur any debt or liability for a single purpose to an 
 amount exceeding $10,000 without approval of majority of 
 electors voting at election to be provided by law. (Mont. 
 
 XIII 5.) 
 
 Xo debt in aid of railroad or other works of internal improvement 
 to be incurred unless proposition first submitted to qualified 
 electors at election by authority of law. (Nebr. XII 2.) 
 
 Xo county to borrow money until proposition has been approver! 
 by qualified electors of county who paid a property tax therein 
 durino- nrecedino- year voting at election to which submitted
 
 280 State Constitutions 
 
 COUNTIES I Cont'd) 
 Debt (Cont'd) 
 
 Referendum on Proposition to Incur (Coni'd) 
 
 This not to prevent issue without submission to voters of 
 bonds to pay or refund valid bonds of county. (N.M. IX 10, 
 
 15.) 
 
 Xo debt to be contracted nor faith or credit pledged unless 
 "by a vote" of majority of qualified voters. (X.C. VII 7.) 
 
 Xot to be allowed to become indebted in any manner, for any 
 purpose, to amount exceeding in any year income and revenue 
 provided in such year without assent three-fifths voters thereof 
 voting at election held for purpose. (Okla. X 26.) 
 
 Debts for building and maintaining permanent roads to be ap- 
 proved by majority of those voting on question. (Ore. XI 10.) 
 
 Xot to incur any new debt or increase its indebtedness to amount 
 exceeding 2 per cent, on assessed valuation of taxable property 
 without assent of electors thereof at public election in manner 
 pro-vidsd by law. (Pa. IX 8.) 
 
 Debts may be incurred " for the purpose of providing water and 
 sewerage for irrigation, domestic uses, sewerage, and other pur- 
 poses " ; but no debt to be incurred " for any of the purposes 
 in this section provided " unless authorized by vote of ma- 
 jority of electors. County not to be included in district or 
 subdivision by which debt is incurred without majority vote 
 of electors of such county in favor thereof. (S.D. XIII 4.) 
 
 Legislature may authorize county or political subdivision thereof 
 or any number of adjoining counties to issue bonds or other- 
 wise lend its credit in any amount not exceeding one-quarter 
 of assessed valuation of real property of said district or ter- 
 ritory when approved by two-tbirds resident property tax- 
 payers voting on question who are qualified electors of such 
 district or territory for purposes specified. (Tex. Ill 52.) 
 
 Xo county or subdivision thereof to incur debt in excess of taxa- 
 tion for current year unless majority of such qualified electors 
 as shall have paid a property tax in the preceding year shall 
 approve proposition to create such a debt. (Utah XIV 3.) 
 
 Not to become indebted in excess of 1% per cent, of taxable 
 property in county without assent of three-fifths voters voting 
 at election held for that purpose. (Wash. VIII 6.) 
 
 Xo debt to be contracted unless all questions connected there- 
 with shall have been approved by three-fifths of votes cast for 
 and against on submission to people. (W.Va. X 8.) 
 
 Xo debt in excess of taxes for current year to be created by 
 county or " subdivision thereof " in any manner unless ap- 
 proved by vote of people on proposition submitted. (Wyo. 
 
 XVI 4.) 
 Limit of Amount 
 
 Xot to become indebted in amount including present indebtedness 
 exceeding 3% per cent, of assessed value of property therein. 
 This not to affeci <IebI in excess of 3% per cent, created or
 
 I.MiKX Di<;kst 281 
 
 . COUNTIES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 authorized by law prior to adoption constitution; county, 
 which at such time has incurred debt exceeding 3^ per cent. 
 authorized to incur l 1 /^ per cent, in addition; this section not 
 to prevent county issuing bonds or other obligations to refund 
 indebtedness existing or authorized time adoption constitution. 
 
 (Ala. XII 224.) 
 
 Xot to become indebted for any purpose in any manner to amount 
 exceeding 4 per cent, of value of taxable property, ascertained 
 by last assessment for state and county purposes previous 
 to incurring debt, without referendum; but under no cir- 
 cumstances to become indebted to amount exceeding 10 per 
 cent, of taxable property shown by the last assessment roll. 
 
 (Ariz. IX 8.) 
 
 Amount of debts contracted in any one year for buildings, roads 
 and bridges, not to exceed " the rates upon the taxable prop- 
 erty in such county r " as follows: $1.50 on each $1,000 in any 
 counties where assessed valuation of taxable property exceeds 
 $5,000,000; $3 on each $1,000 in counties having less than 
 $5,000,000 assessed valuation. (Colo. XI 6.) 
 
 Aggregate debt of any county 7 for all purposes exclusive debts 
 contracted prior adoption constitution not at any time to 
 exceed twice amount of " rates upon the taxable property " 
 which are limited as follows: $1.50 per $1,000 in counties 
 having assessed valuation exceeding $5,000,000; $3 per $1,000 
 in counties having less than $5,000,000; unless in manner pro- 
 vided by law question of incurring such debt is approved on 
 referendum. ( Colo. XI 6. ) 
 
 Debt authorized on referendum to taxpaying qualified electors 
 not to be contracted at any one time in an amount exceeding 
 twice the following limited rates: $1.50 in county having over 
 $5,000,000 taxable assessed valuation and $3 in counties having 
 less than $5,000,000. (Colo. XI 6.) 
 
 Except as otherwise provided in constitution, not to exceed 7 per 
 cent, assessed value taxable property therein, i Ga. VII Seo. 
 
 VII 1.) 
 
 Not to be allowed to become indebted in any T manner or for any 
 purpose to an amount including existing debt in aggregate 
 exceeding 5 per cent, of value of taxable property therein, 
 to be ascertained by last assessment for state and county 
 taxes previous to incurring debt. (Iowa XI 3; Wis. XI 3.) 
 
 Same; with addition of provision excepting bonds already au- 
 thorized from operation of this limitation. (111. XI 12; 
 
 W.Va. X 8.) 
 
 Xot to be authorized or permitted to incur debt to amount in- 
 cluding existing debt in aggregate exceeding 2 per cent, of 
 value of taxable property therein, ascertained by assessment 
 next before last assessment previous to incurring debt. Debts
 
 282 State Constitutions 
 
 COUNTIES (Cont'd) 
 Debt ( Cont'd ) 
 
 Limit of Amount (Cont'd) 
 
 in excess of this limit may be contracted when authorized by 
 laws in force prior to adoption of constitution or when neces- 
 sary for completion and payment for public improvement 
 undertaken and not completed and paid for at time of adop- 
 tion; any county debt which exceeds limit at time adoption 
 constitution not to increase debt more than 1 per cent, in 
 aggregate of value of taxable property therein until debt re- 
 duced within limit and thereafter not to exceed limit " unless 
 in case of emergency, the public health or safety should so re- 
 quire ". Renewal bonds or bonds e to fund floating indebted- 
 ness not prevented by this limitation. (Ky. 158.) 
 
 Board of supervisors may borrow one-tenth of mill on assessed 
 valuation for construction or repair of public buildings or 
 bridges; if assessed valuation less than $10,000,000 board 
 may borrow $1,000; but not to borrow greater sum for such 
 purposes without submission to voters and approval of ma- 
 jority of those voting thereon. (Mich. VIII 10.) 
 
 No indebtedness to be incurred which will increase total beyond 
 3 per cent, of assessed valuation except that counties having 
 $5,000,000 or less of assessed valuation may increase their 
 total to 5 per cent, thereof. (Mich. VIII 12.) 
 
 Legislature not to authorize issue of bonds or incurring in- 
 debtedness in any manner " to aid in the construction or 
 equipment of any or all railroads " to an amount exceeding 
 5 per cent, of value of its taxable property; such value to be 
 ascertained by last assessment for state and county taxes 
 previous to incurring debt. (Minn. IX 15.) 
 
 Not to be allowed to incur debt, even when approved by voters 
 on referendum, to an amount, including existing debt in 
 aggregate exceeding 5 per cent, of value of taxable property 
 therein; value of such property to be ascertained by assess- 
 ment next before last assessment for state and county pur- 
 poses previous to incurring debt; this not to apply to countiee 
 having 100,000 or more inhabitants. With same assent of 
 voters county may be allowed to become indebted in excess 
 of the limit stated for erection of courthouse or jail, or for 
 grading, constructing, paving or maintaining paved, gravel, 
 macadamized or rock roads and necessary bridges and culverts 
 
 therein. (Mo. X 12.) 
 
 Corporate authority of any county having more than 200,000 
 inhabitants which has exceeded its limit of debt not to incur 
 further bonded debt except for renewal of other bonds " until 
 such excess of indebtedness ceases ". But corporate authori- 
 ties of such county "may, in anticipation of the customary 
 annual revenue thereof, appropriate, during any fiscal year 
 toward the general governmental expenses thereof a sum not 
 exceeding seven-eighths of the entire revenue applicable to
 
 . Index Digest 283 
 
 COUNTIES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 general governmental purposes (exclusive of the payment of 
 the bonded debt of such county) thai was actually raised by 
 taxes alone during the preceding fiscal year". (Mo. IX 1!'.) 
 
 No county to be allowed to be indebted in any manner or for 
 any purpose to amount including existing indebtedness in 
 aggregate exceeding 5 per cent, of value of taxable property 
 therein; to be ascertained by last assessment, for state and 
 county taxes previous to incurring debt; bonds or obligations 
 in excess of such amount to be void; and no county to incur 
 any indebtedness or liability for a single purpose to amount 
 exceeding $10,000 without referendum. (.Mont, X1I1 5.) 
 
 Debt in aid of railroad or other works of internal improve- 
 ment together ^jith similar debt of subdivisions of county 
 not to exceed in aggregate 10 per cent, of assessed valuation 
 of county; county may by two-thirds vote increase such debt 
 5 per cent, in addition to said 10 per cent. (Nebr. XII 2.) 
 
 Not to become indebted to amount in aggregate including exist- 
 ing debt exceeding 4 per cent, of value of taxable property 
 within county, ascertained by last preceding assessment for 
 state or county purposes. Bonds or obligations issued in 
 excess of this limit to be void, but this not to prevent issue 
 of bonds to pay or refund valid bonds of county. (N.M. IX 
 
 13, 15.) 
 
 Not to be allowed to become indebted for any purpose or in any 
 manner to an amount which including existing indebtedness 
 shall exceed 10 per cent, of assessed value of real estate 
 therein subject to taxation as it appeared on assessment rolls 
 thereof on last assessment for state and county taxes prior to 
 incurring debt; debts in excess of this limit to be " absolutely 
 void" except as otherwise provided in constitution. (N.Y. 
 
 VIII 10.) 
 
 Debts existing time adoption constitution in excess of limit 
 of amount lixed by constitution not to be void; but no further 
 debt to be incurred until indebtedness reduced within limit. 
 
 (N.Y. VIII 10.) 
 
 Prohibition of debt in excess of limit not to prevent issuing 
 "certificates of indebtedness or revenue bonds issued in an- 
 ticipation of the collection of taxes for amounts actually con- 
 tained or to be contained in the taxes for the year when 
 such certificates or revenue bonds are issued and payable out 
 
 of such taxes". (N.Y. VIII 10.) 
 
 Prohibition of debt in excess of limit not to prevent issue of 
 bonds " to provide for the supply of water ", but such bonds 
 issued in excess of the debt limit shall be for a term not 
 exceeding 20 years; and a sinking fund for their redemp- 
 tion shall be created on issuance by raising an annual sum 
 which will produce an amount equal to principal and interest 
 
 on maturity. (N.Y. VIII 10.)
 
 284 State Constitutions 
 
 COUNTIES (Cont'd) 
 Debt ( Cont'd ) 
 
 Limit of Amount (Cont'd) 
 
 •'Donations" in aid of railroads or other works of internal im- 
 provement by county together with like "donations" by other 
 " subdivisions " not in aggregate to exceed 10 per cent, of 
 assessed valuation of county; but county may by two-thirds 
 vote increase " such indebtedness " 5 per cent, in addition 
 to such 10 per cent. (Xebr. XII 2.) 
 
 Shall never exceed 5 per cent, of assessed value of taxable 
 property therein, and bonds or obligations in excess of the 
 limit to be void. In estimating existing debt its entire 
 amount whether contracted prior or subsequent to adoption 
 of constitution to be included. (X.D. XII 183.) 
 
 Xot to be allowed to incur debt to amount including existing 
 debt in aggregate exceeding, 5 per cent, valuation taxable 
 property therein to be ascertained from last assessment for 
 state and county purposes previous to incurring debt. This 
 not to " apply " to debt created or bonds issued to pay exist- 
 ing debt under territory. (Okla. X 20, Sched. 25.) 
 
 Xo debt to be. contracted which singly or in aggregate exceeds 
 $5,000 except to suppress insurrection or repel invasion or 
 to build and maintain permanent roads within county; debts 
 for such roads must be approved by majority of those voting 
 on question and in aggregate with other debts for same pur- 
 pose shall not exceed 2 per cent, of assessed valuation of all 
 property in county. (Ore. XI 10.) 
 
 Except as provided in constitution, never to exceed 7 per cent, 
 upon assessed value taxable property therein. In computing 
 debt for the purpose of determining the right to become 
 further indebted, debts incurred by " city and county " of 
 Philadelphia after adoption constitutional provision for con- 
 struction and development of subways or for authorized pur- 
 poses or construction of wharves and docks or reclamation of 
 land for construction of wharves and docks * as public im- 
 provements owned or to be owned " by the city and county 
 and which yields to it current net revenue in excess of in- 
 terest on such debt and the annual instalments necessary 
 for its cancellation, may be excluded providing a sinking 
 fund for the redemption of such debt be created and main- 
 tained. (Pa, IX 8.) 
 
 Any county other than Philadelphia may incur debt in excess 
 of the constitutional limit of 7 per cent, but not exceeding 
 10 per cent, of the assessed valuation of taxable property 
 therein if such increase assented to by three-fifths of electors 
 voting at public election in manner provided by law. 
 
 (Pa. IX 15.) 
 
 In computing existing debt in order to determine right to 
 become further indebted obligations issued prior to adoption 
 constitutional provision or thereafter issued by any county
 
 Indkx !)|(!Ksi "_' s "> 
 
 COUNTIES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 other than Philadelphia, to provide for construction or ac- 
 quisition of waterworks, subways, underground railways or 
 street railways or appurtenances thereof not to be con- 
 sidered as "a debt within meaning of constitutional limita- 
 tion on amount" if no revenue derived from said property 
 for period of live years either before or after acquisition 
 thereof or where constructed by county, for period of five 
 years after completion thereof shall have been sufficient to 
 pay interest and sinking fund charges during said period upon 
 said obligations, or if said obligations be secured by lien 
 upon the respective properties and shall impose no municipal 
 
 liability. (Pa. IX 15.) 
 
 Not to exceed S per cent, assessed value taxable property therein 
 and not to be authorized to increase bonded debt if existing 
 bonded debt amounts to 8 per cent, of taxable property as 
 ascertained by valuation of state taxes. When several 
 political divisions or municipal corporations cover same terri- 
 tory each of such divisions or corporations to " so exercise its 
 power to increase its debt " that aggregate debt upon any 
 territory of state shall never exceed 15 per cent, of taxable 
 property in such territory as valued for state taxes, but this 
 not to prevent issue of bonds to refund valid municipal debt 
 contracted in excess of the 8 per cent, limit prior adoption 
 
 of constitution. (S.C. X 5.) 
 
 Never to exceed 5 per cent, of assessed valuation of taxable 
 property therein for year preceding that in which debt is 
 incurred; "in estimating amount of the indebtedness which 
 a municipal subdivision may incur amount of indebtedness 
 contracted prior to the adoption of the constitution shall be 
 included ". Additional debt not exceeding 10 per cent, upon 
 assessed valution of taxable property for year preceding that 
 in which debt incurred may be incurred " for the purpose of 
 providing water and sewerage for irrigation, domestic uses, 
 sewerage and other purposes ". (S.D. XIII 4.) 
 
 Legislature may authorize county or political subdivision 
 thereof or any number of adjoining counties to issue bonds or 
 otherwise lend its credit in any amount not exceeding one- 
 fourth of assessed valuation of real property of said district 
 or territory when approved by two-thirds resident property 
 taxpayers voting on question who are qualified electors of 
 such district or territory for purposes specified: for irrigation, 
 drainage or navigation improvements or in aid thereof, or 
 for construction, maintenance and operation of paved roads 
 and turnpikes or in aid thereof. This authorization to be in 
 addition to all other county debts. (Tex. Ill 52.) 
 
 Even when authorized by vote of taxpaying electors, county 
 not to become indebted "to an amount including existing in-
 
 286 State Constitutions 
 
 COUNTIES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 debtedness exceeding 2 per centum ". This does not prevent 
 contracting debt or issuing bonds under proposition sub- 
 mitted under laws of territory to qualified electors before 
 constitution took effect; and not to impair obligation of debt 
 contracted under laws of territory prior to adoption of con- 
 stitution. (Utah XIV 4, 7.) 
 
 Not to become indebted for any purpose in any manner to 
 amount exceeding 1% per cent, of taxable property in county 
 without assent of three-fifths voters voting at election held 
 for that purpose. Even with such assent total indebtedness 
 at any time not to exceed 5 per cent, on value of taxable 
 property therein. Value of taxable property to be ascertained 
 from last assessment for state and count}' purj)oses previous 
 to incurring debt. ( Wash. VIII 6. ) 
 
 No county or subdivision thereof to create in any manner debt 
 exceeding 2 per cent, on assessed value taxable property 
 therein as shown by last preceding general assessment; but 
 county or any subdivision thereof may bond its public debt 
 existing at time adoption constitution in sum not exceeding 
 4 per cent, on assessed value of taxable property in county 
 as shown by last general assessment. (Wyo. XVI 3, 5.) 
 
 Bonds 
 
 For exemption of from taxation, See Taxation — Exemptions. 
 
 Any county or " city and county " issuing bonds under laws of 
 state may make such bonds and interest thereon payable at 
 any place or places within or outside of United States in 
 any money, domestic or foreign, designated in said bonds. 
 
 (Cal. XI 13V 2 .) 
 
 Bonds issued in pursuance of approval on referendum of pro- 
 position to incur debts fur specified county purposes not to 
 "run less than ten years". (Colo. XI 6.) 
 
 Bonds not to run for longer period than 40 years from their 
 date and not to bear interest at a greater rate than 5 per 
 cent, per annum and not to be sold for less than par. Similar 
 provision for renewal or refunding bonds. (La. 281 (1), (6).) 
 
 No bonds or other evidence of indebtedness in aid of railroad 
 or other works of internal improvement to be valid unless 
 indorsed with certificate signed by secretary and auditor of 
 state showing that same is issued pursuant to law. (Nebr. 
 
 XII 2.) 
 
 Bonds for buildings, roads and bridges not to be issued for term 
 exceeding 50 years. (N.M. IX 10.) 
 
 No bond or evidence of debt to be valid unless indorsed with 
 certificate of county auditor or other officer authorized by law 
 that it is issued pursuant to law and within debt limit. (N.D. 
 
 XII 187; Wyo. XVI 8.)
 
 [mux Digest - s T 
 
 COUNTIES (Cont'd) 
 Debt (Cont'd) 
 
 Bonds {Cont'd ) 
 
 Xo bond or evidence of debt of county or political subdivision 
 thereof to be valid unless indorsed with certificate signed by 
 county clerk or other duly authorized officer and the count v 
 attorney, stating that it is issued pursuant to law and is 
 within debt limit. (Okla. X 2!).) 
 Application of Proceeds 
 
 Moneys borrowed to be used only for purposes specified in law 
 
 authorizing loan. (Ky. ITS; Mont. XIII 3; Okla. X 1(5.) 
 Money borrowed to be applied to purpose for which obtained or 
 to repay debt created therefor. (Mo. X 2U; X.M. IX 9.) 
 Redemption and Interest 
 
 Xo debt in excess of revenue to be incurred unless at or before 
 time of incurring provision be made for collection of annual 
 tax sufficient to pay interest as it falls due ami to constitute 
 sinking fund for payment of principal on or before maturity. 
 Except as provided in constitution, debt incurred contrary to 
 this provision to be void; but city and county of San Fran- 
 cisco may make sinking fund provision to commence at a 
 time after incurring debt not more than a period of one-fourth 
 of time of maturity. (Cal. XI IS.) 
 Any county or " city and county " issuing bonds under laws of 
 state may make such bonds and interest thereon payable at 
 any place or places within or outside of United States and in 
 any money, domestic or foreign, designated in said bonds. 
 
 (Cal. XI 13%.) 
 Provision to be made at time of incurring any debt under pro- 
 visions of constitution for assessment and collection of annual 
 tax sufficient to pay principal and interest within 30 years 
 from daie of incurring debt. (Ga. VII Sec. VII 2.) 
 Xot to incur any debt or liability unless at time of incurring 
 such debt provision be made for collection of annual tax suffi- 
 cient to pay interest and to constitute sinking fund for pay- 
 ment of principal within 20 years from time of contract- 
 ing. (Ma. VIII 3.) 
 Provision to be made at or before time of incurring indebtedness 
 for collection direct annual tax sufficient to pay interest and 
 discharge principal within 20 years from time of contract- 
 ing, (111. XI 12.) 
 Whenever authorized to create debt, county shall be at same time 
 required to provide for collection of annual tax sufficient to 
 pay interest and to create sinking fund for payment of princi- 
 pal within not more than 40 years from time of contract- 
 ing. (Ky. I.".!).) 
 Each year while bonds are outstanding "governing authorities" 
 to impose and collect in excess of other taxes a tax siilli. -i.-nt 
 to pay interest annually or semi-annually and principal falling
 
 28 S State Constitutions 
 
 COUNTIES (Cont'd) 
 Debt {Cont'd) 
 
 Redemption and Interest (Cont'd) 
 
 due each year, or such amount as may be required for any 
 sinking fund necessary to retire said bonds at maturity, but 
 such special tax not to exceed in any year 10 mills on dollar 
 of assessed valuation of property therein. Similar and de- 
 tailed provisions for refunding and renewal bonds. Any person 
 in interest may by summary proceeding in district court en- 
 force imposition and collection of such taxes; such proceeding 
 to be tried without cost ''to the litigant". (La. 281 (1), 
 
 (5), (6).) 
 
 Before incurring debt requiring assent of voters, provision to be 
 made for collection of annual tax sufficient to pay interest 
 as due and to constitute sinking fund for discharge of princi- 
 pal within 20 years from time of contracting. (Mo. X 12.) 
 
 Provision to be made at or before incurring of debt for collection 
 of annual tax sufficient to pay interest and principal when due. 
 Law or ordinance making such provision to be irrepealable 
 until debt paid. (X.D. XII 1S4.) 
 
 Before or at time of incurring debt in excess of income and 
 revenue provision to be made for collection of annual tax suffi- 
 cient to pay interest and to constitute sinking fund for pay- 
 ment of principal within 25 years from date of contracting. 
 
 (Okla. X 26.) 
 
 County to levy " sufficient additional revenue " to create sinking 
 fund to be used first, for payment of interest coupons; second, 
 for payment of bonds; third, for payment of such parts of 
 judgments as such municipality may by law be required to 
 
 pay. (Okla, X 28.) 
 
 Provision to bo .made at or before incurring debt for collection 
 of annual tax sufficient to pay interest and discharge principal 
 
 within 30 years. (Pa. IX 10.) 
 
 Counties other than Philadelphia not required to levy tax for 
 payment of interest and discharge of principal during con- 
 struction and one year after on obligations issued for construc- 
 tion or acquisition of waterworks, subways, underground rail- 
 ways or street railways or appurtenances. (Pa. IX 15.) 
 
 At or before time of incurring debt, provision to be made for col- 
 lection of annual tax sufficient to pay interest and principal 
 when due; and all ordinances containing such provision to be 
 irrepealable until debt paid. (S.I). XIII 5.) 
 
 No debt for any purpose to be incurred in any manner unless 
 provision made at time creating for levying and collecting 
 sufficient tax to pay interest and provide at least 2 per cent, 
 as sinking fund. County or combination of counties or other 
 subdivision incurring debts for purposes specified to levy and 
 collect taxes to pay interest and provide sinking fund for their 
 redemption. Special provision for taxes for interest and 
 smiting fund for debts contracted prior adoption of constitu- 
 tion. (Tex. XI 7, III 52, XI 6.)
 
 I \ I ) ]•; X I )|..KST ->'■' 
 
 COUNTIES (Cont'd) 
 Debt (Cont'd) 
 
 Redemption and Interest (Vowi'd) 
 
 Not to be allowed to become indebted without at same time pro- 
 viding for collection of direct annual tax sufficient to pay 
 annual interest on such debt and principal thereof within not 
 exceeding thirty four years. (W.Va. X 8.) 
 Before or at time of incurring debt, provision required to he 
 made "for the collection of a direcl annual tax sufficient to 
 pay the interest on such debt as it falls due and also to pay 
 and discharge the principal thereof within 20 years from 
 the date of contracting Hie same"; but indebtedness incurred 
 by counties of 150,000 or more population for the acquisition of 
 land " for public municipal purposes or for the permanent 
 improvement thereof ", the tax to be sufficient to pay principal 
 within a period not exceeding 50 years. (Wis. XI 3.) 
 Method of Collecting — Execution 
 
 County property held only for public purposes, such as buildings 
 and sites therefor, fire equipments, public grounds and prop- 
 erty devoted exclusively to use of public exempt from " forced 
 sale ". This not to prevent enforcement of vendor's lien, 
 mechanic's and builder's lien or other liens existing time adop- 
 tion constitution. (Tex. XI 9.) 
 Public Utilities 
 
 See also above, this title, "Powers and Rights— Restrictions upon 
 — Stock and Bond Holding ", and " Finances — Expenditures ". 
 Right to collect rates or compensation for use of water supplied to 
 county or inhabitants thereof " is a franchise and cannot be ex- 
 ercised except by authority of and in the manner prescribed 
 by law". (Cal. XIV 2; Ida. XV 2.) 
 Powers of board of supervisors or other governing bodies of county 
 respecting public utilities to cease so far as they conflict with 
 powers conferred on state railroad commission by legislation en- 
 acted in pursuance of constitutional authorization. (Cal. XII 23.) 
 Railroad commission to have such jurisdiction as legislature confers 
 on it to fix compensation to be paid for public utility property 
 taken by county, and legislature to have plenary right " unlimited 
 by any provision of this constitution " to confer such powers 
 on commission. Previous legislation in accordance with Ibis pro- 
 vision confirmed. ( Cal. XII 23a. ) 
 Legislature to provide by law that board of county commissioners 
 in respective counties may, when application is made by other 
 party interested, establish reasonable maximum rales to be charged 
 for use of water whether furnished by individuals or corporations. 
 
 (Colo. XVI 8.) 
 Before granting franchise, bids to be received after due advertise- 
 ment and award to be to highest and best bidder; but all bid- 
 may be rejected. Not to be permitted to grant franchise or 
 privilege or make any contract in reference thereto for n 
 than 20 years. This does not apply to trunk railway. | Ky. 104.) 
 
 10
 
 290 State Constitutions 
 
 COUNTIES (Cont'd) 
 
 Public Utilities (Cont'd) 
 
 Nothing in provision relating to powers of state corporation com- 
 mission to impair rights conferred by law on authorities of county 
 to prescribe rules, regulations or rates of charges by public serv- 
 ice corporation in connection with services performed under 
 county franchise so far as such services may be wholly within 
 the limits of county granting franchises. (Okla. IX 18; Va. XII 
 
 156 (h).) 
 Roads and Bridges 
 
 For provisions respecting debts incurred for road purposes, See 
 above, this title, Debt — Purpose. 
 
 Legislature may extend aid for construction and maintenance of 
 
 county highways. (Cal. IV 36.) 
 
 Legislature may provide by law for submitting question of adopting 
 county road system but not to go into effect until approved by 
 majority of electors of county voting thereon. (Mich. VIII 26.) 
 
 Legislature may provide by general law for laying out, construction 
 and improvement of highways, bridges and culverts, and for such 
 purpose counties to take charge and control of any highways 
 within their limits. (Mich. VIII 26.) 
 
 Legislature not to vacate or alter any road laid out by commis- 
 sioners of highways. (Mich. VIII 27.) 
 
 Legislature to provide for working public roads by contract or by 
 county prisoners, or both, such law only to be put into operation 
 by vote of board of supervisors in those counties where desirable. 
 
 (Miss. IV 85.) 
 
 Legislature may require payment of proportionate part of cost of 
 highway within county boundaries and proportionate part of 
 interest thereon not exceeding thirty-five one hundredths of sink- 
 ing fund for redemption highway debt. (N.Y. VII 12.) 
 
 Construction of bridges and laying out, construction and repair 
 county roads to be provided for by general laws. (Tex. XI 2.) 
 
 CHARITABLE, CORRECTIONAL AND EDUCATIONAL INSTITUTIONS 
 
 See also above, this title, Finances — Expenditures. 
 
 Legislature to require counties to make adequate provision for 
 
 maintenance of poor. (Ala. IV 88.) 
 
 When county maintains institution for support dependent children 
 and aged persons it is entitled to receive same pro rata appro- 
 priations as state grants to similar institutions under church 
 
 or other control. ( Cal. IV 22. ) 
 
 County boards may provide farms as asylums to those who from 
 " age, infirmity or other misfortune have claims upon the sym- 
 pathy and aid of society ". ( Ind. IX 3. ) 
 
 County to provide as may be prescribed by law for those inhabitants 
 who by reason of age and infirmity or misfortune may have 
 claim upon sympathy and aid of society. ( Fla. XIII 3; Kan. VII 
 3; Mont. X 5; Xev. XIII 3; Okla. XVII 3; S.C. XII 3.) 
 
 Legislature to " make it obligatory upon every parish to support its 
 infirm, sick and disabled paupers residing within its limits, pro-
 
 Index Digest 291 
 
 COUNTIES (Cont'd) 
 
 Charitable, Correctional and Educational Institutions {Cont'd) 
 
 vided that every municipal corporation to which the powers of the 
 police jury do not extend shall support its own infirm, sick and 
 
 disabled paupers". (La. 174.) 
 Each county may maintain infirmary for care and support of its 
 
 indigent poor and unfortunate. (Mich. VIII 11.) 
 County poorhouses to be " designated and maintained " as county 
 
 infirmaries. (Mich. VUI 11.) 
 
 May appropriate money separately or in conjunction with other 
 
 counties for construction and maintenance " or assistance of public 
 
 and charitable hospitals, sanitoria and other institutions for 
 
 the treatment of persons suffering from contagious or infections 
 
 diseases". (Mich. VIII 11.) 
 " Board of supervisors shall have power to provide homes or farms 
 as asylums for those persons who by reason of age, infirmity or 
 misfortune may have claims upon the sympathy and aid of 
 society". Legislature to enact laws to prevent abuses by those 
 having care of suet persons. (Miss. XIV 262.) 
 Nothing in constitution to prevent provision for " care, support, 
 maintenance and secular education of inmates of orphan asylums, 
 homes for dependent children or correctional institutions whether 
 under public or private control". (X.Y. VIII 14.) 
 Legislature may authorize but not require payments to " charitable, 
 eleemosynary, correctional and reformatory institutions wholly 
 or partly under private control, for care, support and main- 
 tenance"; but only for inmates received and retained pursuant 
 to rules of state board of charities, which rules are subject to 
 legislative control by general laws. (N.Y. VIII 14.) 
 State board of charities to visit and inspect charitable and cor- 
 rectional institutions; but this not to be exclusive of other visita- 
 tion and inspection authorized by law at time of adoption of 
 constitution. Existing laws relating to such institutions and their 
 supervision and inspection not inconsistent with constitution to 
 remain in force until amended or repealed by legislature. (N.Y. 
 
 VIII 11, 13.) 
 State commissioner of charities and corrections to investigate and 
 examine condition and management of prisons, jails, almshouses, 
 reformatories, reform and industrial schools, hospitals, infirmaries, 
 dispensaries, orphanages and all public and private retreats and 
 asylums which derive support from county; officers of such in- 
 stitutions to give the information demanded by commissioner. 
 Commissioner has full power to summon witnesses and administer 
 oaths; commissioner's report to governor to be transmitted to 
 
 legislature. (Okla. VI 28.) 
 Establishment of county poorhouses and farms to be provided for 
 
 by general law. (Tex. XI 2.) 
 
 May provide in manner prescribed by law a manual labor poorhouse 
 
 and farm "for taking care of, managing, employing and supplying 
 
 the wants" of indigent and poor inhabitants. (Tex. XVI 8.)
 
 i ;, .H State ( oxsttittions 
 
 COUNTIES (Cont'd) 
 Boards of Health 
 
 Legislature to establish in all counties when necessary. (Fla. 
 
 XV 1.) 
 To have powers such as legislature prescribes and in be under super- 
 vision of state board to such extent as legislature prescribes. 
 
 (Fla. XV 3.) 
 COUNTY ATTORNEYS, See Prosecuting Attorneys. 
 
 COURTS 
 
 See also Distribution of Powers. 
 Abolish mext 
 
 Of a particular class of courts. See throughout this title. 
 Any court inferior to highest court (except probate court), may be 
 abolished whenever its jurisdiction and functions have been con- 
 ferred upon some other court. (Ala. VI 171.) 
 Separate criminal courts abolished. (Ark. VII 4.3.) 
 All courts not specially mentioned by name in first section of this 
 article (those mentioned are supreme court, court of appeals, 
 superior courts, courts of ordinary, justices of peace, and commis- 
 sioned notaries public ). may be abolished in any county. (Ga. VI 
 
 Sec. XX 1.) 
 Supreme court at St. Louis and St. Joseph abolished. (Mo. VI 21.) 
 Legislature may abolish inferior courts established by it. (Miss. 
 
 VI 172.) 
 Legislature may alter or abolish such inferior courts as now exist. 
 
 (X. J. VI Sec. II.) 
 
 Circuit courts and courts of oyer and terminer; superior court of 
 
 city of Xew York, court of common pleas for the city and count}- of 
 
 New York, superior court of Buffalo and city court of Brooklyn; 
 
 courts of session except in county of Xew York. (X.Y. VI 5.) 
 
 Courts of nisi prius, presided over by judge of highest court, abolished. 
 
 (Pa. V 21.) 
 
 Actions 
 
 By or against corporations. See Corporations. 
 
 For injuries. See Injuries, and cross references there given. 
 
 For death. See Death. 
 
 Suits against state. See Suits Against State. 
 
 Limitation of, See below, this title, Limitation - of Actions. 
 
 Pleading, See below, this title. Pleading. 
 
 Procedure. See below, tins title, Procedure. 
 
 Survival id'. See below, this title, Procedure. 
 
 Trials. See below, this title, Trials. 
 
 Venue, See below, this title, Trials. 
 
 Xo person to be barred from prosecuting or defending before any 
 tribunal, by himself or counsel, any civil cause to which he is 
 party. (Ala. 1 10; Ga. I Sec. I 4; .Miss. Ill 25; Utah I 11.) 
 
 Suitor to have right to prosecute or defend suit personally or by 
 attorney or agent of his choice. (.Mich. II 12; Wis. VII 20.)
 
 Index Digest 293 
 
 COURTS {Cont'd) 
 Actions (Cont'd) 
 
 Distinctions between actions at law and suits in equity, and forms of 
 all such actions and suits prohibited; to be 1 n"t one form of action 
 for enforcement or protection of private rights and redress of 
 private wrongs, called a civil action. (Ida. V 1; N.C IV 1.) 
 
 Commission provided for to, as far as practical, abolish distinct forma 
 of action at law and provide uniform mode of proceeding without 
 any distinction between law and equity. (Ind. VII 20; Ohio XIV 
 
 1, 2, 3.) 
 
 To be. l>ut one form of civil action, and law and equity to be admin- 
 istered in same action. (Mont. VIII 28.; Xev. VI 14; Utah VIII 
 
 19.) 
 
 Justice to he administered in uniform mode of pleading without dis- 
 tinction between law and equity, (S.C. VI 3.) 
 
 Distinction between law and equity to be abolished by legislature 
 as far as practicable. (Mich. VII 5.) 
 
 Xo judgment or decree in any chancery or general trial court 
 rendered in civil case to he reversed or annulled on ground of 
 want of jurisdiction to render such judgment or decree, from error 
 or mistake as to whether cause in which rendered was in equity 
 or common-law jurisdiction, but if highest court finds error in 
 proceedings other than as to jurisdiction, and it is necessary to 
 remand case, it may remand it to any court which, in its opinion, 
 can best determine controversy. (Miss. VI 147.) 
 
 Act of legislature not to affect right or remedy of either party in 
 
 pending case. (N.M. IV 34.) 
 
 After suit commenced on cause of action legislature to have no power 
 to take away such cause of action or destroy existing defense. 
 
 (Ala. IV 95.) 
 
 Any provision of express or implied contract stipulating for notice 
 or demand, other than such as provided by law. as a condition 
 precedent for any claim, demand or liability, to be void. (Okla. 
 
 xxin 9.) 
 
 Local or special law prohibited. (La. 48.) 
 
 Xo religious or political test oath to be required as prerequisite to 
 
 sue. (W.Va. HI 11.) 
 
 Grants of land within state made by king of Great Britain or person 
 
 acting under bis authority, after October 14, 177o. to be null and 
 
 void, but "" nothing contained in this constitution " shall impair 
 
 any suits, actions or rights of actions, or other proceedings in 
 
 courts of justice. (X.V. I 17.) 
 Nothing contained in constitution to affect suits, actions, rights of 
 actions, or other proceedings in courts of justice. (Tenn. X 1 2.) 
 Administration of Jr-.n< :•:. See Administration oi Justicb. 
 Aldermen, See bdoir. this title. Justices of Peact.. 
 Appeals 
 
 For organization and jn ricdirt ion of court* of general appellate 
 jurisdiction [other than highest court). Sec below, this title. •' IN- 
 TERMEDIATE Courts of Appeal"; for appeals to or from a par- 
 ticular class of courts, See throughout this title.
 
 294 State Constitutions 
 
 COURTS (Cont'd) 
 
 Appeals (Cont'd) 
 Right to 
 
 Conclusiveness of fact found by jury, See Juries — Verdict. 
 Writs of error never to be prohibited by law. (Wis. I 21.) 
 Writ of error to be writ of right in all cases of felony. (Nebr. 
 
 I 23.) 
 Accused to have right of appeal in all cases. (Ariz. II 24; Utah 
 
 I 12; Wash. I 22.) 
 Political or religious test oath not to be required as perquisite 
 
 to appeal. (W.Va. Ill 11.) 
 In cases prescribed by legislature. (Xev. VI 8.) 
 To be preserved in trials of petty crimes without jury. (N.C. 
 
 I 13;Va I 8.) 
 
 Judges of inferior courts of law or equity may in civil cases 
 
 issue writs of certiorari to remove cause or transcript thereof 
 
 from any inferior jurisdiction into such " court of law " on 
 
 sufficient cause, supported by oath or affirmation. (Tenn. VI 
 
 10.) 
 Either party to have right of appeal to court of record prose- 
 cuted by law in all cases of summary conviction or of judg- 
 ment in suit for a penalty before a magistrate or court not of 
 record, upon allowance of appellate court or judge thereof 
 upon cause shown. (Pa. V 14.) 
 State to have no right of appeal in criminal cases. (Tex. V 26.) 
 State to have right of appeal in all cases relating to state 
 revenue. (Va. I 8; W.Va. VIII 3.) 
 
 Procedure 
 
 To be regulated by legislature. (Nev. VI 8.) 
 Legislature to provide proper system of appeals. (Ida. V 13; 
 
 N.C. IV 12.) 
 Appeal to act as supersedeas to stay sentence of death until 
 
 further order of supreme court. (Nebr. I 23.) 
 Appeal from judgment on reconventional or incidental demand 
 lies to court having jurisdiction of main demand. (La. 95.) 
 
 In Condemnation Proceedings, See Eminent Domain — Assessment 
 
 of Compensation — Appeal. 
 
 Appointments by 
 
 Legislature not to confer on court power of appointing, except as 
 provided in constitution. (W.Va. VI 40.) 
 
 Arbitration Courts 
 
 See also Arbitration. 
 
 Hay be established with powers and duties as prescribed by law; or 
 jiower and duties of same may be conferred upon other courts. 
 Judgments of such tribunals or other courts shall not be obligatory 
 on parties unless they voluntarily submit matters of difference 
 and agree to abide by judgment. (Ind. VII 19; N.D. IV 12.) 
 Legislature may establish with powers and duties prescribed by law. 
 
 (Mich. XVI 7.)
 
 Index Did est 295 
 
 COURTS (Cont'd) 
 
 Arbitration Courts (Cont'd) 
 
 Legislature may establish and prescribe powers and duties; judgment 
 not final in any case except upon submission by parties of matter 
 in dispute and their agreement to abide by judgment. (Ohio IV 
 
 19.) 
 
 Legislature shall pass laws for regulation of arbitration courts, 
 
 defining their powers and duties; may be established in and for 
 
 any township; power to render judgment obligatory on parties when 
 
 they voluntarily submit differences and agree in writing to abide 
 
 by judgment. (Wis. VII 16.) 
 Legislature to establish courts of arbitration to hear and determine 
 differences and controversies between organizations of laborers and 
 their employers, which shall be submitted to them in manner pre- 
 scribed by law; appeals from decisions of compulsory boards of 
 arbitration to be allowed to highest court; manner of taking ap- 
 peals to be prescribed by law. (Wyo. XIX Boards of Arbitra- 
 tion 1, V 28.) 
 Arbitrators 
 
 Legislature not to pass local or special law regulating jurisdiction 
 or practice of, or changing rules of evidence in any judicial pro- 
 ceeding or inquiry before. (Mo. IV 53; Okla. V 46; Pa. Ill 7; 
 
 Tex. Ill 56.) 
 Associate Judges of State 
 
 Applies to Delaware only; judges are not judges of any one court. 
 For provisions dealing with, associate judges generally, See below, 
 this title, " Judges ", and the subhead " Judges " under the various 
 classes of courts throughout this title. 
 Four judges to be appointed from any part of state. One may reside 
 in any part of state; each of others to reside in each of three 
 counties of state; appointed by governor with consent of majority 
 of members elected to senate, for term of 12 years. If two or 
 more are commissioned on same date, seniority determined by lot; 
 result certified to governor. Oath must be taken as prescribed by 
 amended constitution. Compensation as provided by law; not less 
 than $3,000 ; payable quarterly by state ; fees or perquisites in 
 addition to salary provided by law, prohibited. Vacancies filled 
 by appointment of governor with consent of senate, if not in session, 
 governor shall, within 30 days after happening of vacancy, con- 
 vene same for confirmation of appointment; vacancy filled for 
 full term. Judges to hold no other office of profit; to exercise 
 all powers which any law vests in judges singly of general trial 
 courts for civil cases only. (Del. IV 2, 3, 4, 21.) 
 Auditors 
 
 Legislature not to pass local or special law regulating jurisdiction or 
 practice of, or changing rules of evidence in any judicial proceed- 
 ing or inquiry before. (Pa. Ill 7.) 
 Bailiffs 
 
 "High bailiff" elected in same manner as senators; term of office 
 to commence first day of February next after election, serving
 
 ■2\H] State Constitutions 
 
 COURTS (Cont'd) 
 
 Bailiffs (Cont'd) 
 
 for two years. Before entering on duties must give bond of suffi- 
 cient security to treasurer of respective counties, before one judge 
 of highest court or two assistant judges of county court in their 
 respective counties in such sum and manner as provided by law. 
 
 (Vt. H 25, 48, 49.) 
 Baltimore Conns 
 
 Detailed provisions for. (Md. IV 27 ct seq.) 
 To Be Open 
 
 Courts t<> be (.pen to every person. (Colo. II 0; Ida. I 18; Mo. II 
 
 10; Mont. Ill 6; Okla. II 6.) 
 
 Courts to be open. (Ala. I 13; Conn. I 12; Del. I 9; Fla. D.K. 4; 
 
 Ind. I 12; Ky. 11; .Miss. Ill 24; Xcbr. I 13; X.C. I 35; X.D. I 
 
 22; Ohio I 16; Pa. I 11; S.D. VI 20; Tenn. I 17; Tex. I 13; Utah 
 
 I 11; W.Va. Ill 17; Wyo. I 8.) 
 Courts to be public. (S.C. I 15.) 
 Courts not to be secret. (Ore. I 10.)* 
 Chancellor of State 
 
 Applies to Delaware only. In that slate the chancellor is appointed 
 
 as such and not as judge of any particular court. 
 /See also below, this title, Chancery Courts. 
 
 For provisions referring to all judges, See below, this title, Judges. 
 Appointed by governor by and with consent of majority of all mem- 
 bers elected to senate; may be appointed from and reside in any 
 part of state; term T)f office 12 years; in case vacancy occurs 
 when senate shall not be in session governor shall convene the 
 senate within 30 days for confirming appointment. Vacancy to 
 be filled for full term. Compensation fixed by law and paid 
 quarterly, not less than $3,000 annually. Fees and perquisites in 
 addition to salaries prohibited for business done except as pro- 
 vided by law. and prohibition against holding any other office for 
 profit. Chancellor to hold court of chancery, To exercise all 
 powers which any law vests in chancellor, also powers of court of 
 chancery. (Del. IV 2, 3, 4, 10, 21.) 
 Cham'ery Courts 
 Clerks 
 
 j$eje also below, this title, Clerks 
 Compensation 
 
 As provided by law, to be uniform throughout stale. (Ala. 
 
 VI 163.) 
 uuttes 
 
 As provided by law for duties to be performed during vaca- 
 tion ; subject to approval of court. (Miss. VI 16"S. ) 
 'loir Selected 
 
 Appointed as provided by law. (Miss. VI 168.) 
 Appointed by chancellor. (Tenn. VI 13.) 
 Appointed by governor with consent of senate. (X.J. VII 
 
 Sec. II 4.) 
 Appointed by judge of respective districts. (Ala. VI 163.) 
 Elected by qualified electors of respective counties at general 
 
 election. (Del. Ill 22.)
 
 I.M)i:x Dii.Ksr 20 Y 
 
 COURTS {Cont'd) 
 
 Chancery Courts (Cont'd) 
 Clerks (Cont'd) 
 
 Location of Offict 
 
 To keep office in town or place in each county in which gen- 
 eral trial court is held. (Del. Ill 23.) 
 Qualifications 
 
 Residents of district for at least 12 months prior to ap- 
 pointment. (Ala. VI 163.) 
 Removal 
 
 By judges for cause; to be entered at length upon mini 
 
 of court. (Ala. VI 163.) 
 Residence 
 
 In respective districts. (Ala. VI 163.) 
 
 Term of Office 
 
 Four years. (Del. Ill 22; Miss. VI 168.) 
 Five years. (X.J. VII Sec. II 4.) 
 
 For term for which judge making appointment was elected 
 or appointed. (Ala. VI 163.) 
 
 Establishment, See below, litis title, Establishment. 
 Judges 
 
 Sec also above, this title, ChAjstcellob of State. 
 See also below, this Utile, Judges; 
 Ad Litem Appointees 
 
 If judge incompetent to act, parties or their attorneys to 
 agree on practicing lawyer to act; if parties cannot a.f, r ree. 
 or one of their, is not represented in court, clerk to appoint 
 special judge who shall preside, try and render judgment; 
 legislature may prescribe other methods for supplying 
 special judges. (Ala. VI 16(1.) 
 
 If judge unable or disqualified to preside, or if attorneys 
 engaged in case cannot agree upon member of bar to 
 preside ad litem, governor to commission another of law 
 knowledge to preside. (Miss. VI 165.) 
 
 If chancellor interested or disqualified, chief justice of state 
 to have jurisdiction. (Del. IV 16.) 
 
 If chancellor absent from state, or in case of his bemporary 
 disability, chief justice of state, or in hi- ab ence, senior 
 associate judge, may grant restraining orders and pre- 
 liminary injunctions according to rules of chancery court, 
 provided that nothing herein contained construed 1" confer 
 jurisdiction over Case. (Del. IV 17.) 
 
 Legislature to provide for holding court when judges fail 
 to attend regular terms. (Ala. VI 161.) 
 
 Compensation 
 
 As provided by law; not to he increased or diminished 'lur- 
 ing continuance in office. (Miss. VI 166.) 
 
 To receive at stated times: not to he diminished during 
 term. (X.J. VII Sec. II 1.)
 
 298 State Constitutions 
 
 COURTS (Cont'd) 
 
 Chancery Courts (Cont'd) 
 Judges (Cont'd) 
 
 Dual Office Holding 
 
 Not to hold any other office under state or United States. 
 
 (N.J. VII Sec. II 1.) 
 Duties 
 
 To be ordinary or surrogate-general. (N.J. VI Sec. IV 2.) 
 Hoio Select i d 
 
 Appointed by governor with consent of senate. (Miss. VI 
 
 153; N.J. VII Sec. II 1.) 
 Elected by qualified electors of chancery divisions at times 
 prescribed by law, except where new chancery division 
 created in which case judge to be elected at next general 
 election for state officers for term to expire at next gen- 
 eral election for judge, but if division created more than 
 six months before such election of state officer, governor 
 to make appointment until election. Right of judge to 
 hold office for full term not to be affected by change made 
 by law in mode or time of election. (Ala. VI 152, 159, 
 
 155.) 
 Chancellor of state to hold court of chancery. (Del. IV 10.) 
 If court established, legislature not to constitute themselves 
 judges of court. (Vt. II 29.) 
 Impeachment, See Impeachment. 
 Number 
 
 One for each division (state to be divided into convenient 
 
 divisions). (Ala. VI 145.) 
 Power to Act in Other Courts 
 
 May hold court for each other when deemed necessary and 
 
 shall do so when directed by law. (Ala. VI 146.) 
 To be judge of prerogative courts. (N.J. VI Sec. IV 2.) 
 Prohibition of Practice of Law 
 
 During continuance in office in any court, state or federal, 
 
 within state. (Ark. VII 25.) 
 Qualifications 
 
 Twenty-six years of age. (Miss. VI 154.) 
 
 Thirty years of age. (Tenn. VI 4.) 
 
 Attorney five years. (Miss. VI 154.) 
 
 Citizen of state five years. (Miss. VI 154.) 
 
 Resident of division one year next preceding election or 
 
 appointment. (Ala. VI 145.) 
 Resident of state for five years; circuit for one year. (Tenn. 
 
 VI 4.) 
 Removal 
 
 By governor upon joint address of two-thirds of members 
 elected to both houses; for good cause. (Ark. XV 3.) 
 Residence 
 
 Within division for which he is elected or appointed during 
 continuance in office. (Ala. VI 145.)
 
 Index I)k;est 299 
 
 COURTS (Cont'd) 
 
 Chancery Courts (Cont'd) 
 Judges (Cont'd) 
 Term of Office 
 
 Four years. (Miss. VI 153.) 
 
 Six years and until successor is qualified. (Ala. VI 155.) 
 Seven years. (N.J. VII Sec. II 1.) 
 Eight years. (Tenn. VI 4.) 
 Vacancies 
 
 Filled by appointment by governor during recess until end 
 of next session of senate; governor no power to remove 
 appointee or power to withhold his name from senate for 
 their action. (Miss. VI 177.) 
 Filled by appointment by governor until successor elected 
 and qualified; successor elected for unexpired term at gen- 
 eral election which shall occur at least six months after 
 
 vacancy. (Ala. VI 158.) 
 Judicial Districts 
 
 State to be divided into convenient. (Miss. VI 152.) 
 State to be divided into convenient ; each division to be subdi- 
 vided; county having a population of 20,000 or more according 
 to next preceding federal census and taxable property of 
 $3,500,000 or more according to next preceding assessment of 
 property for state and county taxation, need not be included 
 in district; but if property or population reduced below these 
 figures legislature shall include such county in a district em- 
 bracing more than one county; no district shall contain less 
 than three counties unless there be embraced therein a county 
 having a population of 20,000 or more and taxable property 
 of $3,500,000 or more in value. (Ala. VI 147.) 
 Jurisdiction 
 
 Legislature may confer the jurisdiction of a general trial court 
 
 on. (Ala. VI 148.) 
 As conferred by law, legislature may repeal or alter act of legis- 
 lature giving jurisdiction, and may add to jurisdiction given 
 by constitution. (Del. IV 10, 20.) 
 As now established by law until changed by legislature. (Tenn. 
 
 VI 8.) 
 Legislature may confer that usually exercised by such court or 
 as shall appear for interest of commonwealth. (Vt. II 29.) 
 As established by law when this constitution is put in operation; 
 jurisdiction over idiots, lunatics and persons of unsound mind: 
 cases of divorce and alimony; cases in equity; matters testa- 
 mentary and of administration; and business affecting minors. 
 In addition to jurisdiction heretofore exercised in suits to 
 try title and to cancel deeds and other clouds upon real estate, 
 it shall have jurisdiction to decree possession and to displace 
 possession; to decree rents and compensation for employment 
 and taxes; and in all cases where said court heretofore exer- 
 cised jurisdiction, auxiliary to courts of common law, it may
 
 300 State Constitutions 
 
 COURTS (Cont'd) 
 
 Chancery Courts (Cont'd) 
 Jurisdiction (Cont'd) 
 
 exercise such jurisdiction to grant the relief sought, although 
 the legal remedy may not have been exhausted or the legal 
 title established by a suit at law. Jurisdiction concurrent 
 with general trial courts of suits on bonds of fiduciaries and 
 public officers for failure to account for money or property 
 received, or wasted and lost by neglect or failure to collect, 
 and all suits involving inquiry into matters of mutual ac- 
 counts. (Miss. VI 159, 160, 161.) 
 No judgment or decree in any chancery or general trial court 
 rendered in civil case to be reversed of annulled on ground of 
 want of jurisdiction to render such judgment or decree, from 
 error Or mistake as to whether cause in which rendered was 
 in equity or common-law jurisdiction; but if highest court 
 finds error in proceedings other than as to jurisdiction, and 
 it is necessary to remand case, it may remand it to any court 
 which, in its opinion, can best determine controversy. (Miss. 
 
 VI 147.) 
 Masters 
 
 Abolished. (Mich. VII 5; Wis. VII 10.) 
 
 Jurisdiction and practice not to be regulated nor rules of evi- 
 dence in proceedings before changed, by local, private or special 
 
 law. (Pa. Ill 7.) 
 Appointed by chancellor. (Tenn. VI 13.) 
 Term of office six years. (Tenn. VI 13.) 
 
 Reporter 
 
 To be appointed by chancellor for term of five years. (N.J. VII 
 
 Sec. II 5.) 
 
 Special Regulations for Particular Counties 
 
 The Pulaski chancery court to continue in existence until abol- 
 ished by law or the business, pending at the adoption of this 
 constitution shall be disposed of, or the pending business be 
 transferred to other courts; judge and clerk to hold office for 
 two years; elected by qualified electors of state; special pro- 
 vision for suits concerning lands in the suits and proceedings 
 which relate to the sixteenth section. Vacancies in offices of 
 [judge and clerk filled by special election unless occurring nine, 
 months before next general election when filled by appointment 
 
 by governor. (Ark. VII 44, 50.) 
 
 Time and Place of Holding 
 
 At least two I'aili year at place prescribed by law. (Ala. VI 
 
 146.) 
 At least two each year in each county. (Miss. VI 164.) 
 
 Transfer of Cases 
 
 fifce also below, litis fitb\ Trials — ChAtjGe of Venue. 
 Cases whereof general trial court has exclusive jurisdiction, to 
 be transferred to that court. (Miss. VI 162.)
 
 Imu'.x Digest . 301 
 
 COURTS (Cont'd) 
 
 Chancer? Courts (Cont'd) 
 Transfer of Cases (Cont'd) 
 
 Legislature to provide for due certification of causes transferred 
 to general trial courts and for such reformation of pleadings 
 therein as necessary, and adjudication of costs of transfer. 
 
 (Miss. \ I if.:;.) 
 
 Character 
 
 Legislature may provide that any court, except justices' courts, shall 
 be courts of record. (Cal. VTI 12; Wash. IV 11.) 
 Charging Juries, See below, this title, Trials. 
 
 ClITEF JUSTICE OF STATE 
 
 Apj'Jirx lo Delaware only. In tlial slate chief jnslire is elected as 
 sn'-!i imd not as judge of any particular court. For other pro- 
 visions in regard to chief, justices of highest court, See Highest 
 
 Court — Chief Justice. 
 
 Appointed from and may reside in any part of state. Appointed by 
 governor with consent of majority of members elected to senate 
 for term of 12 years. Oath must be taken as prescribed by 
 amended constitution. Compensation as provided by law; no1 
 less than $3,000; payable quarterly by state; fees or perquisites in 
 addition to salary provided by law prohibited. Vacancies rilled by 
 appointment of governor witli consent of senate, if not in session, 
 governor shall, within 30 days after happening of vacancy, con- 
 vene same for confirmation of appointment. Vacancy filled for 
 full term. Chief justice not to hold other office of profit. To 
 exercise all powers which any law vests in judges singly or 
 general trial courts for civil cases only. (Del. IV 3, 4, 21.) 
 
 Clerks 
 
 See also below, this title, Officers. 
 
 For clerk of a particular court. See throughout this title. 
 
 Dual Office Holding 
 
 Not to hold seat in legislature. (Me. IX 2; W.Va. VI 13.) 
 Not to hold seat in legislature; election and taking -cat in 
 
 legislature vacates office. (Va. IV 44.) 
 Ineligible for any office in either branch of legislature or mem- 
 bership therein. (N.D. II 37.) 
 Clerks of courts of record ineligible for legislature during term 
 
 for which elected. (Ark. V 7; Tex. Ill lit.) 
 Not to hold office of judge of highest court or an\ inferior 
 court, attorney-general, county attorney, treasurer of state, 
 adjutant-general, judge of probate, register of probate, register 
 of deeds, sheriff or deputy sheriff; acceptance of -cat m Con- 
 gress vacates office. (Me. IX 2.) 
 
 Duties in General 
 
 To attest all writs. (S.C. V 31.) 
 
 To have charge and custody of records and other papers; to 
 perform such duties a- are now or to be provided by law. 
 
 i \!d. IV 10.)
 
 302 State Constitutions 
 
 COURTS (Cont'd) 
 Clerks (Cont'd) 
 Fees 
 
 To be allowed fees which appertain to office. (Md. IV 10.) 
 Fees in civil actions to be accounted for. (Nev. VI 16.) 
 How Selected 
 
 As provided by law. (Ala. VI 164.) 
 As provided by law for each county. (Miss. V 138.) 
 Appointed by judges, except in probate courts. (N.H. II 81.) 
 Elected until otherwise provided by law (then follows minute 
 
 procedure set forth). (Ohio Sched., 1851, 15.) 
 Clerks of courts of record except St. Louis court of appeals and 
 highest court, elected in manner prescribed by law; tie or 
 contest determined as prescribed by law. (Mo. VI 39, 40.) 
 Clerks of inferior courts elected by qualified voters of respective 
 counties or districts (does not apply to clerks of courts of 
 
 chancery). (Tenn. VI 13.) 
 Clerks of inferior courts established by legislature elected as 
 
 provided by law. (N.C. IV 30.) 
 In case of contested election governor to send returns to lower 
 house which shall judge the election and qualification of candi- 
 date; if judgment shall be against one who has been returned 
 elected or one commissioned by governor, lower house to order 
 new election within 30 clays; in case of a tie, governor to 
 
 order new election. (Md. IV 12.) 
 To be county officers and elected as such (See Counties — Offi- 
 cers.) (Pa. XIV 1, 2.) 
 County clerks to be clerks of courts of record in respective coun- 
 ties. (Xev. IV 32.) 
 County clerks to be ex officio clerks of courts of record in re- 
 spective counties or cities. (Cal. VI 14.) 
 Clerk of court of common pleas to be clerk of all other courts of 
 record in county, hut legislature may provide by law for 
 election of a clerk for any of the courts of record and may 
 authorize judge of probate court to perform duties of clerk 
 for his court under regulations prescribed by law. (S.C. 
 
 V 27.) 
 Prohibition on Practice of Law 
 
 Not to act as attorney or counsel in any causes in court in 
 which clerk, nor to draw any writ originating a civil action. 
 
 (N.H. II 81.) 
 Removal 
 
 For causes and in manner provided by law. (Ohio IV 16; S.C. 
 
 V 27.) 
 For malfeasance, incompetency or neglect of duties in manner 
 
 provided by law. (Tenn. VI 13.) 
 By judgment of general trial court for high crimes and misde- 
 meanors, non-feasance or malfeasance in office, incompetency, 
 corruption, favoritism, extortion or oppression in office, or 
 for gross misconduct or habitual drunkenness; district attor-
 
 Index Digest 303 
 
 COURTS (Cont'd) 
 Clerks (Cont'd) 
 
 Removal (Cont'd) 
 
 ney may institute suit; duty to do so on written request and 
 information of 25 resident citizens and taxpayers (detailed 
 
 provisions). (La. 222.) 
 Clerks of inferior courts not of record removed for cause, after 
 due notice and opportunity of being heard by such courts as 
 may be prescribed by law. (N.Y. VI 17.) 
 Supervision of 
 
 Judges to make rules and regulations for government of clerks 
 and performance of their duties; said rules to have force 
 and effect of law until repealed or modified by legislature; 
 subject to visitorial power of judges of respective courts. 
 
 (Md. IV 10.) 
 Term of Office 
 
 During pleasure of judge, except in case of probate court. (X.H. 
 
 II 81.) 
 As provided by law in case of courts of record except St. Louis 
 
 court of appeals and highest court. (Mo. VI 39.) 
 Not to exceed eight years, in case of inferior courts established 
 
 by legislature. (N.C. IV 30.) 
 Four years in case of inferior courts except chancery courts. 
 
 (Term. VI 13.) 
 Vacancies 
 
 Filled by election ; but where unexpired term does not exceed 
 one year, vacancy to be filled by appointment by court. (111. 
 
 VI 32.) 
 Commissioners 
 
 Legislature not to pass local or special law regulating jurisdiction 
 or practice of, or changing rules of evidence in any judicial pro- 
 ceeding or inquiry before. (Mo. IV 53; Okla. V 46; Pa. Ill 7; 
 
 Tex. Ill 56.) 
 Of general trial courts, See below, this title, General Trial Courts 
 
 — Court Commissioners. 
 Judges of county court, See below, this title, County Courts. 
 Commissioners' courts, See Counties. 
 
 Commissioners' court of appeals, See below, this title, Highest 
 
 Court. 
 Commitments. See belov, this title, Trials — Preliminary Examina- 
 tions. 
 o Common Pleas, Courts of 
 
 See also below, this title. Corvrv Conns. 
 
 For courts of this name having the jurisdiction of a general trial 
 
 court, Sec below, this title. General Trial Courts. 
 Legislature may authorize judges of county court of any one or more 
 counties to hold severally a quarterly court of common pleas in 
 their respective counties, to be a court of record, with jurisdiction 
 in contract and other civil matters not involving title to real 
 estate as may be vested. Judges to receive compensation as pro- 
 vided by law. (Ark. VII 32, 37.)
 
 304 State Constitutions 
 
 COURTS (Cont'd) 
 
 Common Pleas, Courts of {Cont'd) 
 
 Judges to be appointed for terms of four years. (Conn. Amend. 
 
 XX.) 
 Judges not to hold other office under government of state, except 
 
 justice of peace or militia office. (Mass. Amend. VIII.) 
 To be no more than five judges of inferior courts of common pleas 
 in each county; one judge for each county to be appointed every 
 year, and no more except to fill vacancies which shall be only 
 for unexpired term. Commissions for first appointments to take 
 effect April 1st next; and subsequent commissions to bear date 
 and take effect April 1st, except commissions to fill vacancies, 
 which shall bear date and take effect when issued. Judges to be 
 nominated by governor and appointed by him with advice and con- 
 sent of senate. (X.J. VI Sec. VI 1, 2, VII Sec. II 1.) 
 Legislature may vest in courts of common pleas in counties chancery 
 powers in relation to foreclosure of mortgages and sale of mort- 
 gaged premises. (X.J. IV See. VII 10.) 
 Judges to be appointed by senate and lower house in joint meeting; 
 to hold office for five years unless appointed to fill vacancies, then 
 for unexpired term only. (X.J. VII Sec. II 2.) 
 Conciliation, Courts of, See. above, this title, Arbitration Courts. 
 Consolidation of 
 
 Legislature may provide for consolidation of any two or more courts 
 of record in county with or without separate divisions and pro- 
 vide sufficient number of judges for transaction of business of such 
 consolidated courts; probate court must remain separate. (Ala. 
 
 VI 148.) 
 Contempt of, See Contempts. 
 Cook County Courts 
 
 Detailed provisions for. (111. VI 23 ct scq.) ' 
 
 Creation, See below, this title, Establishment. 
 Costs and Fees 
 
 In a particular class of courts, See throughout this title. 
 Default in payment discharged by labor, See Convict Labor. 
 Person not compelled to pay costs before conviction on final trial. 
 
 (Fla. D.R. 14; Ga. I Sec. I 10.) 
 Xo man compelled to pay costs, jail fees or necessary witness's fees 
 
 unless found guilty. (X.C. I 11.) 
 In no case shall accused, before final judgment, be compelled to ad- 
 vance money or fees to secure rights guaranteed by constitution. 
 (Ariz. II 21; Utah I 12; Wash. I 22.) 
 Defendants in cases of conviction may be taxed with costs. (Miss. 
 
 XIV 261.) 
 In criminal casi > prosecuted in name of state when defendant is in- 
 solvent or discharged, costs and expenses, including fees of officers, 
 - 11 he p'aid 1a counties where crime is committed, under regula- 
 ii.:i- prescribed by law ; hut fines and forfeitures collected under 
 penal laws of state to be paid into county treasury as general 
 county fund to be applied to legal costs and expenses. (Fla. 
 
 XVI 9.)
 
 Index Digest 305 
 
 COURTS {Cont'd) 
 
 Costs and Fees (Cont'd) 
 
 Expenses of criminal prosecutions, except those before justices of the 
 peace, to be borne by county in which prosecution begun, and all 
 net fines and forfeitures to be paid into treasury of such county. 
 
 (Miss. XIV 261.) 
 Expenses incurred by counties in investigating and prosecuting brib- 
 ery of or receiving bribes by any person holding office under laws 
 of state shall be charged against state and their payment by state 
 to be provided by law. (N.Y. XIII 6.) 
 Legislature to impose tax on all civil suits in inferior courts; to 
 constitute fund toward payment of salary of judges. (Wis. VII 
 
 18.) 
 Legislature to provide by law that upon institution of each civil 
 action and other proceedings and upon perfecting each appeal in 
 civil action or proceeding in courts of record, a special fee or tax Vie 
 paid to clerk of court, to be accounted for by clerk and to con- 
 stitute a fund toward payment of compensation of judges as di- 
 rected by law. (Xev. VI 16.) 
 From time to time judges to investigate expenses, costs and charges 
 of their respective courts with a view to change or reduction 
 thereof and report result of investigation to legislature. (Md. 
 
 IV 9.) 
 At any time pending action for debt or damages defendant may bring 
 into court money for discharging same, together with costs, and 
 plaintiff not accepting same, if upon final decision he shall not re- 
 cover greater sum than so paid into court, shall not recover any 
 costs accruing after such payment except where plaintiff is execu- 
 tor or administrator. (Del. IV 25.) 
 Xo costs awarded against party because suit brought in county other 
 than that in which defendant may reside at time of bringing suit. 
 
 (Del. IV 10.) 
 Legislature not to enact law not applicable to all counties, regulat- 
 ing costs and charges of courts (provision not applicable to Jef- 
 ferson county). (Ala. IV 06, Amend. 1912.) 
 Counsel, Right to 
 
 Suitors may prosecute or defend cases personally or by counsel. 
 
 (Mich. II 12; Wis. VII 20.) 
 
 All persons have right, in civil cases, to prosecute or defend in person 
 
 or by counsel. (Ala. I 10; Ga. I Sec. I 4; Miss. Ill 25; Utah 
 
 I 11.1 
 
 Accused to have assistance of in his defense. (Ala. I 6; Ariz. II 
 
 24; Ark. II 10; Cal. I 13; Colo. II 16: Conn. I 0: Del. 1 7: Fla. 
 
 D.R. 11; Ga. I Sec. I 5; Ida. I 13; Ind. I 13; 111. II 9; Iowa I 10: 
 
 Kan. R.R. 10; Ky. 11; Me. I 6; Md. D.R. 21; Mass. Pt. I 12: 
 
 Mich. IT 10; Minn. I 6: Miss. Ill 26: Mo. II 22; Mont. Ill 16: 
 
 Xebr. I 11; Xev. I 8; X.TI. I 15: X.J. I 8; X.M. II 14: X.Y. I 6: 
 
 X.C. I 11; X.D. I 13; Ohio I 10; Okla. II 20; Ore. I 11; Fa. I 9 : 
 
 R.I. I 10: S.C. I IS; S.D. VI 7; Tenn. I 9; Tex. I 10: Utah I 12; 
 
 Wash. I 22; W.Va. Ill 14; Wis. I 7: Wyo. I 10.)
 
 306 State Constitutions 
 
 COURTS (Cont'd) 
 
 Counsel, Right to (Cont'd) 
 
 Any person has right to be heard by in criminal cases. (Vt. I 10.) 
 Accused to have " such reasonable assistance " of in prosecuting an 
 
 appeal, as may be necessary. (Mich. II 19.) 
 Accused to have opportunity to be present in person and with 
 
 counsel at taking of deposition. (Ohio 1 10.) 
 Accused to have right to appear in person and by counsel in taking 
 depositions of witnesses; if he has no counsel judge to assign 
 him one in that behalf only. (Colo. II 17.) 
 In capital cases accused has right to see counsel at proper seasons. 
 
 (Del. I 12.) 
 County Courts 
 
 Under this subhead are included all courts, inferior to general trial 
 courts and called in the constitution "county courts". For ex- 
 planation of term " general trial courts ", See below, this title, 
 
 General Trial Courts. 
 See also above, this title, Common Pleas, Courts of. 
 Abolishment 
 
 Legislature may abolish. (Fla. V 18.) 
 Administration of County Affairs, See Counties. 
 Appeals from 
 
 Appeals and writs of error to be allowed from final determina- 
 tion as provided by law. (111. VI 19.) 
 In cases and under regulations prescribed by law. (N.D. IV 
 
 114.) 
 Appeals to 
 
 See below, this subdivision, Jurisdiction. 
 Sec below, this subdivision, Procedure. 
 Character 
 
 Court of record, (Colo. VI 23 ; 111. VI 18; Mo. VI 36; Nebr. VI 
 16; N.D. IV 110; Okla. VII 11; S.D. V 20; Tex. V 15.) 
 Chief Justice, See below, this subdivision, Judges. 
 Clerks 
 
 See also above, this title, Clerks. 
 Bond 
 
 As prescribed by law. (Ky. 103.) 
 Compensation 
 
 As prescribed by law. (111. VI 32; W.Va. VIII 26.) 
 I'.\ salary as provided by law; not to exceed 75 per cent, 
 of fees; payable out of state treasury. (Ky. 103, 106.) 
 Puties 
 
 As provide^ by law. (111. VI 32; W.Va. VIII 26.) 
 I util otherwise provided by law, exercise power and dis- 
 tribute duties heretofore conferred on any court or tri- 
 bunal established for police and fiscal purposes under sec- 
 tion 31 of article VIII of constitution of 1872; clerk of 
 such court or tribunal respectively to record and preserve 
 deeds and other papers presented for record; matters of
 
 Index Digest 307 
 
 COURTS (Cont'd) 
 
 County Courts (Cont'd) 
 Clerks (Cont'd) 
 
 Duties (Cont'd) 
 
 probate; appointment and qualification of personal repre- 
 sentatives, guardians, committees, curators and the set- 
 tlement of their accounts and in matters relating to ap- 
 prentices. (W.Va. \III 24.) 
 How Selected 
 
 Elected. (111. VI 18 j Ky. 99; W.Va. VIII 26.) 
 Elected by voters of county. (W.Va. VIII 26.) 
 Elected in counties over 15,000. (Ark. VII 19.) 
 Clerk of general trial court acts in counties of less than 
 
 15,000. (Ark. VII 19.) 
 Clerk of general trial court in county acts. (iS.D. V 32.) 
 Nximber 
 
 One for each county. (Ky. 99.) 
 
 One for each county, but legislature may create districts of 
 two or more contiguous counties, each of which to have 
 
 one clerk. (111. VI 18.) 
 Qualifications 
 
 Citizen of state; 21 years of age; resident two years in 
 state and one year next preceding election in county and 
 district in which candidate; procured from judge of 
 highest court or of general trial court certificate that he 
 has been examined " by the clerk of his court under hie 
 supervision " and he is qualified for office for which can- 
 didate. (Ky. 100.) 
 Removal 
 
 As provided by law. (W.Va. VIII 26.) 
 
 By judges of district or general trial court for incompetency, 
 official misconduct, habitual drunkenness, other causes 
 defined by law; cause set forth in writing and finding of 
 its truth by jury. (Tex. V 24.) 
 By highest court upon information and good cause shown ; 
 two-thirds of members present must concur in sentence. 
 
 (Ky. 124.) 
 To be removed on prosecution and final conviction for mis- 
 demeanor in office. (111. VI IS, 30.) 
 Residence 
 
 In county for which elected. (111. VI IS, 32.) 
 Term of Office 
 
 Four years and until successor qualified. (111. VI IS, 32; 
 
 Ky. 99.) 
 Six years. (W.Va. VIII 26.) 
 Vacancies 
 
 Filled by appointment of county court; appointee serves 
 
 until next election. (W.Va. VIII 30.) 
 Filled by election, if unexpired term does not exceed one 
 year, to be filled* by appointment of judge. (111. VI 18, 
 
 32.)
 
 308 State Constitutions 
 
 COURTS (Cont'd) 
 
 County Courts ( Cont'd i 
 
 Establishment, See below, this title, Establishment. 
 Judges 
 
 See <<lso below, this title, Judges. 
 Ad Litem Appointees 
 
 If judge is disqualified in any ca.se, judge pro tempore se- 
 lected in same manner as like case in general trial court. 
 
 (Okia. VII 12.) 
 If judge disqualified parties interested may, by consent, ap- 
 point proper person to try case, or upon their failure to 
 do so, competent person may be appointed to try same in 
 county where pending, in manner prescribed by. law. 
 
 (Tex. V 1G.) 
 If judge disqualified, to certify facts to governor; governor 
 to commission special judge to preside during disqualifica- 
 tion. (Ark. VII 36.) 
 If judge disqualified, parties may agree upon attorney-at- 
 law, who shall be judge ad litem and shall preside over 
 the trial and make orders as if he were judge; parties, 
 however, may transfer cause to another county court or 
 have case submitted to referee. ( Fla. V 19.) 
 In absence of county judge majority of justices of peace 
 may constitute the court; these to elect one of their num- 
 ber to preside; legislature to regulate by law manner of 
 compelling attendance of quorum. (Ark. VII 30.) 
 Legislature may. on application of board of supervisors, 
 provide for election of local officers not to exceed two in 
 any county to discharge duties of judge in case of ina- 
 bility or vacancy and in other cases prescribed by law, 
 and to exercise other powers in special cases as pre- 
 scribed by law. (X.Y. VI 16.) 
 
 Bonds 
 
 Before entering upon duties of office and as often thereafter 
 as may be deemed proper, shall <^ive such bond and secu- 
 rity as may be prescribed by law. (Ivy. 103.) 
 
 Chief Justice 
 
 President elected annually by judges from their number. 
 To be conservator of peace throughout county. (W.Va. 
 
 \ III 23; IX 7.) 
 Commissions 
 
 Shall be commissioned by governor. ( Ky. 140.) 
 
 ( 'ompensation 
 
 Amount as provided by law. (Ark. VII 37; Ky. 140; X.Y. 
 
 VI 14; X.J). IV 111; 111. VI IS, 32.) 
 Xo salary shall be j aid to any county judge. (Xebr. VI 14.) 
 Two dollars pgr day for his services in eourt. (W.Va. 
 
 VIII 23.)
 
 Index Digest 309 
 
 COURTS (Cont'd) 
 
 County Covkts (Cont'd) 
 Judges (Cont'd) 
 
 Compensation ( Cont'd ) 
 
 Such salary or compensation, either from fees and emolu- 
 ments of office, or from general county fund, as shall be 
 provided by law. (Colo. VI 22.) 
 Until otherwise provided by law, compensation of probate 
 judge under laws of territory to devolve upon judge of 
 county court, provided that judges of counties having 
 population over 20,000 paid salary of $2.00(1; of counties 
 over 30,000, $2,500; of counties over 40,000. $3,000; such 
 salaries payable in same manner as provided by law in 
 force in territory for payment of salaries of county attor- 
 neys. (Okla. Sched. IS.) 
 Fees and perquisites as provided by law. (Tex. V 15.) 
 Fees and perquisites prohibited, except may receive such 
 fees as may be allowed under land laws of United States. 
 
 (S.D. V 30.) 
 Increase or decrease prohibited during term for which 
 
 elected. (N.Y. VI 15.) 
 Payable out of county treasury. (N.Y. VI 14; W.Va. 
 
 VIII 23.) 
 Conservators of Peace 
 
 To be. (Ky. 140; Tex. V 15.) 
 Dual Office Holding 
 
 Cannot be justice of peace. (W.Va. VIII 30.) 
 Duties 
 
 As provided by law. (111. VI 18, 32; N.Y. VI 14.) 
 Election, Time of 
 
 At general election. (Colo. VI 22.) 
 At each biennial general election. (Okla. VII 11.) 
 First Tuesday after first Monday in November. (111. X S.) 
 At general election next preceding time of termination of 
 term, but no office vacated thereby, but incumbent to hold 
 over until successor elected and qualified. (Nebr. XVI 
 
 13.) 
 Additional judges in Kings county elected at general elec- 
 tion in first odd numbered year after adoption of pro- 
 vision (1913) ; additional judges for other counties whose 
 office created by legislature elected at general election 
 held in first odd numbered year after creation of office. 
 
 (N.Y. VI 14.) 
 As provided by law. (S.D. V 20.) 
 
 Legislature may provide for election on different day from 
 that on which election is held for any other purpose, and 
 for that purpose may extend or abridge term of office of 
 any such officers then bedding, but not in any case more 
 than six months. (Colo. VI 15; S.D. V 26.)
 
 310 S I stitui - 
 
 COURTS ( • 
 
 \ J J COTJB ' I'd 
 
 Judges [Cont'd) 
 Ho - led 
 
 ted in each county. I Ark. VII 29; Ky. 99; 111. VI 18, 
 X <>: X.V. VI 14: NT.D. IV 110; Okla. VII 11; SJ). V 19; 
 1.x. V 15; W.Va. XIII 23. j 
 ■t«-d in each organized county. (Colo. VI 22; Xebr. VI 
 
 15.) 
 
 | - -• oi more judges, not exceeding three, 
 
 probate judge may he one, as prescribed by law. 
 
 [Mo. VI 36.) 
 - •" counties; no two of the three elected 
 from same magisterial district; if two resided in same 
 district receive the greater number of votes, then only 
 one receiving highest number shall be elected and person 
 in another d. . ing next highest number elected. 
 
 I W.Va. VIII 23.) 
 
 nty judge to be judge of county court. (Fla. V 18.) 
 
 Ejislature may, on application of board of supervisors, pro- 
 
 vi tion of local officers not to exceed two in any 
 
 inty to discharge duties of judge in case of inability or 
 
 vacancy and in other cases prescribed by law, and to 
 
 ■ : s in special cases as prescribed by 
 
 law. (X.V. VI 16.) 
 
 Number 
 
 h county. (Colo. VI 22: Ky. 140: Xehr. VI 15; 
 
 X.D. IV 110; 8.D. V 19: Tex. V j 
 
 One for each county, but legislature may create districts of 
 
 two or more contiguous counties in each of which shall 
 
 ted one judge, i 111. VI 18.) 
 
 One for ea<h county, except in cases provided in constitu- 
 
 :k. VII 28 
 One or more judges, not exceeding three, of whom probate 
 
 jn !1 be oi ' . VI 3-' 
 
 Three in each court. 'W.Va. VIII 22.^ 
 
 h>n legislature provides for township 
 organization in county: question of township organization 
 to be referred to electors. I Mo. IX 8.) 
 Existing ffiee till expiration of term; in 
 
 K :• .- :nry to )>e four judges; number in any county 
 may be i 1 from time to time by legislature to 
 
 - -h number that total in one county shall not exceed 
 
 or major fraction thereof of popula- 
 tion of county. (X.Y. VI 14.) 
 Poircr to Aei in 'our/.? 
 
 May hold . rts in any other county when requested 
 
 by judge - - ich other county. X.Y. VI 14.) 
 Prohibitions on Praci f.atr 
 
 In a county having a population exceeding 120.000, shall 
 not practice as attorney or counsellor in any court of
 
 l.xi'Kx Digest 3] 1 
 
 COURTS (Confd) 
 
 Count* Cotjbts (Cont'd) 
 Judges [Cont'd) 
 
 Prohibitions on Practice of Lav [Cont'd) 
 
 record in this state or act as referee; legislature may 
 impose a similar prohibition on judges of courts in other 
 
 counties \ Y. VI 20.) 
 shall not act as attorney or counsellor-at-law in any 
 which is or may be brought into his court, or which may 
 be appealed therefrom, t s.I). V 31.) 
 
 Qualifications 
 
 Ace: at least 24 years. (Ky. loo. 
 
 \^o: at least 25 year-. i Ark. V1T 29; S.D. V 2." 
 Attorney admitted to practice in court <<i record of state. 
 
 (Okla. VII 11.) 
 Attorney admitted to practice in state, except in county of 
 
 Hamilton. i N'.Y. VI 20.] 
 Character to be upright. (Ark. Vll 2:>. 
 Citizen of state. (Ky. 10< 
 
 Citizen oi United States. (Ark. VII 2;>: s.n. V 25.) 
 Good business education. (Ark. YU 2!>A 
 Must l>o learned in law. (SJX V 25.) 
 Well informed in the law of the state. (Tex. Y 15.) 
 Mu>t he qualified voter. | Okla. VII 11.) 
 Resided in county at time of ejection. (Okla. VII 11.) 
 Resided in state one year next preceding election; resident 
 
 of district for which elected, i S.D. Y 25.) 
 Resided in >;ate two years: one year next preceding election 
 in county and district in which he is a candidate, i Ky. 
 
 loo.) 
 Resided in state two years; resided in county at time of 
 
 election, i Ark. Yll 29.) 
 Where jurisdiction of court is more than court of probate 
 and over civil matters under $1,000, and criminal matters 
 less than felony, qualifications same as judge of district 
 court. | Twenty-five year-: United States citizen: two 
 years resident of state next preceding election: elector of 
 
 district. \ D. 1Y 111.) 
 
 Quorum 
 
 Two (out of three). (W.Va. \ III 22.) 
 
 Femoral 
 
 By judge of general trial court for incompetency, official 
 misconduct, habitual drunkenness or other causes defined 
 by law. upon cause thereof set forth in writing and finding 
 of its truth by jury. (Tex. Y 24.) 
 
 Tower to indict or prosecute for misdemeanor or malfeasance 
 in office or willful neglect in discharge oi official duties in 
 such mode as may he prescribed by law; upon conviction 
 office vacated, hut right of appeal to highest court. (Ky. 
 
 227
 
 312 State Constitutions 
 
 COURTS (Cont'd) 
 
 County Courts (Cont'd) 
 Judges (Cont'd) 
 Residence 
 
 In county for which elected. (Ark. VII 29; Colo. VI 29; 
 
 111. VI 18. 32; Nebr. VI 20; S.D. V 19, 37.) 
 Office vacated by removal from county in which elected. 
 
 (Ky. 140.) 
 Retirement on Account of Age 
 
 On last day of December next after he shall reach 70 
 years of age. (N.Y. VI 15.) 
 Term of Office 
 
 Two years. (Ark. VII 29; N.D. IV 100; Okla. VII 11.) 
 Two years, until otherwise prescribed by law. (S.D. V 19.) 
 Two years and until successors elected and qualified. (Tex. 
 
 V 15.) 
 Two years from first Thursday after first Tuesday in Janu- 
 ary after election, and until successor qualified. (Nebr. 
 
 VI 16, 20, XVI 14.) 
 Four years. (Colo. VI 22.) 
 
 Four years from first Monday of December after election 
 
 and until successor is elected and qualified. (111. X 8.) 
 
 Four years from first Monday in January after election, and 
 
 until successors are elected and qualified. (Ky. 99.) 
 Six years from January 1st after election. (N.Y. VI 14.) 
 Six years; at first meeting designate by lot or otherwise in 
 such manner as they may determine, one of their number 
 to hold office for two years, one for four, and one for six 
 years so that one shall be elected every two years. (W.Va. 
 
 VIII 23.) 
 Vacancies 
 
 Filled by appointment by governor until next general elec- 
 tion. (S.D. V 37.) 
 To be filled by election but if unexpired term does not exceed 
 
 one year by appointment by governor. (111. VI IS, 32.) 
 To be tilled by special election unless occurring six months 
 before next general election when filled by appointment 
 by governor. (Ark. VII 29, 50.) 
 Filled by board of county commissioners of county where 
 
 occurring. (Colo. VI 29.) 
 Filled by appointment of commissioners' court until next 
 
 general election for such officers. (Tex. V 28.) 
 Filled by appointment of county court: appointee serves 
 
 until next election. (W.Va. VIII 30.) 
 To be filled by election, if unexpired term does not exceed 
 one year may be filled by appointment as provided by 
 
 legislature. (Nebr. VI 21.) 
 
 Filled in same manner as like vacancy occurring in general 
 
 trial court (i. p.. appointed by governor by and with 
 
 consent of senate until vacancy can be filled for full
 
 Imikx Digest 313 
 
 COURTS (Cont'd) 
 
 County Courts (Cont'd) 
 Judges (Cont'd) 
 
 Vacancies (Cont'd) 
 
 term by election at next general election held not less 
 than three months after vacancy occurs. Person appointed 
 holds until December 31st after election of successor; 
 governor appoints if senate not in session). (N.Y. VI 
 
 15.) 
 Legislature may, on application of board of supervisors, 
 provide for election of local officers not to exceed two in 
 any county to discharge duties of judge in case of vacancy 
 and in other cases prescribed by law, and to exercise other 
 powers in special cases as prescribed by law. (N.Y. VI 
 
 16.) 
 Writs, Power to Issue 
 
 See also below, this subdivision. Writs, Power to Issue. 
 Injunction, mandamus and all other writs necessary to the 
 enforcement of the jurisdiction of the court. (Tex. V 16.) 
 Habeas corpus under such regulations and restrictions as 
 
 shall be provided by law. (Ark. VII 37.) 
 Habeas corpus in cases where offense charged is within 
 jurisdiction of county court or of any other court or 
 tribunal inferior to said court. (Tex. V 16.) 
 In absence of judge of general trial court, may issue orders 
 for injunctions and other provisional writs in counties, 
 returnable to court having jurisdiction; either party may 
 have order reviewed by superior judge in vacation in man- 
 ner provided by law. (Ark. VII 37.) 
 
 Jurisdiction 
 In General 
 
 Such as they now possess. (X.Y. VI 14.) 
 
 To transact all county and such other business as prescribed 
 
 by law. (Mo. VI 36.) 
 
 Uniform throughout state; regulated by law; until changed 
 same as now vested in county courts by law. (Ky. 141.) 
 
 Legislature power by local or general law to increase or 
 diminish or change civil and criminal; in cases of change 
 of, legislature to conform jurisdiction of other courts to 
 
 such change. (Tex. V 22.) 
 
 Legislature upon application of any county may reform, 
 alter or modify county court and in lieu thereof, with 
 consent of majority of voters, voting at an election, 
 create another tribunal for the transaction of business 
 required to be performed by county court created by this 
 article and in such case provisions of article in relation 
 to county court shall be applicable, and such tribunals 
 when established shall continue to act in lieu of county 
 court until otherwise provided by law. (W.Va. VII] 29.)
 
 314 State Coxstiti'tions 
 
 COURTS [Cont'd) 
 
 County Courts (Cont'd) 
 Jurisdiction {Cont'd) 
 Appellate 
 
 From justices" courts in civil and criminal cases as provided 
 bv law or constitution until otherwise provided by law. 
 
 (Okla. VII 12, 14.) 
 
 From justices" courts; in civil and criminal cases, in civil 
 cases judgment appealed from to exceed $20 exclusive of 
 
 costs. (Tex. V 16.) 
 
 From justices' courts. (Via. V 18.) 
 Original 
 
 Exclusive original jurisdiction in all matters relating to 
 county taxes, roads, bridges, ferries, paupers, bastardy, 
 vagrants, apprenticeship of minors, disbursement of money 
 for county purposes, and in every other case that may 
 be necessary to internal improvement and local concerns 
 of respective counties. (Ark. VII 28.) 
 
 To have original jurisdiction in all matters of probate, 
 settlement of estates of deceased persons, appointment of 
 guardians, conservators and administrators, and settle- 
 ment of their accounts, and such other civil and criminal 
 jurisdiction as may be conferred by law; not to have 
 jurisdiction in any case where debt, damage or claim or 
 value of property involved exceeds $2,000, except in cases 
 relating to estates of deceased persons. (Colo. VI 23.) 
 
 To have jurisdiction of all cases at law in which demand or 
 value of property involved shall not exceed $500; of 
 proceedings relating to forcible entry or unlawful deten- 
 tion of lands and tenements, and of misdemeanors; they 
 shall have no criminal jurisdiction in counties where 
 criminal courts are established. (Fla. V 18, 20.) 
 
 Probate, settlement of estates of deceased persons, appoint- 
 ment of guardians and conservators, settlement of their 
 accounts, apfuentices, collection of taxes and assessments'; 
 such other as provided by law. (111. VI IS.) 
 
 To have original jurisdiction in all matters of probate, 
 settlements of estates of deceased persons, appointment 
 of guardians and settlement of their accounts; in all 
 matters relating to apprentices and such other jurisdic- 
 tion as may be given by general law; to have no jurisdic- 
 tion in criminal cases in which punishment may exceed 
 six months' imprisonment or fine of over $500 nor in 
 actions in which title to real estate sought to be recov- 
 ered or may be drawn in question; nor in actions on 
 mortgages or contracts for conveyance of real estate; 
 nor in civil actions where debt or sum claimed shall 
 exceed $1,000. (Xebr. VI 16.) 
 
 Actions for recovery of money only where defendants reside 
 in county and in which complaint demands judgment for 
 not over $2,000. Legislature may enlarge or restrict, but
 
 Indtcx Digest : > 1 -"» 
 
 COURTS (Cont'd) 
 
 County Courts (Cont'd) 
 Jurisdiction (Cont'd) 
 Original (Cont'd) 
 
 not so as to authorize actions for recoverj of money only 
 in which demand exceeds $2,000 or in which defendanl 
 does not reside in county; all of court of sessions, excepl 
 in New York county; court of sessions abolished excepl 
 in New York county. (NY. VI 14.) 
 
 To have exclusive original jurisdiction in probate and testa- 
 mentary matters, appointment of administrators and 
 guardians, settlement of accounts of executors, administra- 
 tors and guardians, sale of lands by same, and such other 
 probate jurisdiction as may be conferred bj law. Whenever 
 voters of any county having population of 2,000 or over, 
 decide by majority vote" to increase jurisdiction, county 
 court shall have concurrent jurisdiction with district courts 
 in all civil actions where amount does not exceed $1,000, and 
 in all criminal actions below grade of felony and jurisdic- 
 tion of magistrates' courts in cases of misdemeanors 
 arising under state laws to cease; in case of such increase, 
 jurisdiction as thus increased to remain until otherwise 
 provided by law. Legislature may confer jurisdiction of 
 justice's court upon county courts if it abolishes offices of 
 justices of peace. (N.I). IV 111, 112.) 
 
 To have original jurisdiction in all pTobate matters and 
 until otherwise provided by law. shall have concurrent 
 jurisdiction with district court in civil cases in any 
 amount not exceeding $1,000 exclusive of interest; not to 
 have jurisdiction in any action for malicious prosecution 
 or divorce, alimony, against officers for misconduct in 
 office, for slander or libel, for specific performance of 
 contracts for sale of real estate or in any matter wherein 
 title or boundaries of land may be in dispute or called 
 in question; nor to order or decree partition or sale of 
 real estate not arising under its probate jurisdiction; con- 
 current jurisdiction with justices of peace in misdemeanor 
 cases, and exclusive' jurisdiction in all misdemeanor ca 
 where justices of peace have no jurisdiction; to have 
 general jurisdiction of a probate court to probate wills, 
 appoint guardians of minors, idiots, lunatics, persons 
 non compos mentis and common drunkards; grant letters 
 testamentary and of administration, settle accounts of 
 executors, administrators and guardians, transact all 
 business of minors, idiots, lunatics, persons non compos 
 mentis and common drunkards, including sale, settlement. 
 partition and distribution of estates: duties of probate 
 judge, upon organization of state, to devolve upon judge 
 of county court; jurisdiction of examining and committing 
 magistrates in all criminal cases. (Okla. VII 12, 13, 17, 
 
 Schcd. 18.)
 
 316 State Constitutions 
 
 COURTS (Cont'd) 
 
 County Courts (Cont'd) 
 ' Jurisdiction [Cont'd) 
 Original (Cont'd) 
 
 To have original jurisdiction in all matters of probate, 
 guardianship and settlements of estates of deceased per- 
 sons and such other civil and criminal jurisdiction as 
 may be conferred by law; not to have jurisdiction in 
 any case where death, damage, claim or value of property 
 involved shall exceed $1,000, except in matters of pro- 
 bate, guardianship and estates of deceased persons; nor 
 in cases of felony, but they may have such jurisdiction in 
 criminal matters not of grade of felony, as legislature 
 may prescribe. (S.D. V 20, 21.) 
 To have original jurisdiction of all misdemeane s of which 
 exclusive original jurisdiction is not given to justice's 
 court, when fine to be imposed shall exceed $200; exclu- 
 sive jurisdiction in all civil cases when matter of con- 
 troversy shall exceed $200 and not exceed $500 exclusive 
 of interest; concurrent jurisdiction with district court 
 when matter in controversy shall exceed $500 and not 
 exceed $1,000 exclusive of interest; not to have juris- 
 diction in suit for recovery of land. To have general 
 jurisdiction of a probate court to probate wills, appoint 
 guardians of minors, idiots, lunatics, persons non compos 
 mentis and common drunkards; to grant letters testa- 
 mentary and of administration; settle accounts of execu- 
 tors; transact all business appertaining to estates of 
 deceased persons, minors, idiots, lunatics, persons non 
 compos mentis and common drunkards, including settle- 
 ment, partition and distribution of estates of deceased 
 persons; and to apprentice minors as provided by law; 
 not to have criminal jurisdiction in any county where 
 there is a criminal district court unless expressly con- 
 ferred by law. (Tex. V 1(5.) 
 To have jurisdiction in all matters of probate, appointment 
 and qualification of personal representatives, guardians, 
 committees, curators and settlement of their accounts, and 
 in all matters relating to apprentices. (W.Va. V11I 24.) 
 Number 
 
 One in each county. ( Ky. 140; Mo. VI .3(5; X.l). IV 110; Tex. 
 
 V 15; W.Va. VIII 22.) 
 One in each organized county. (Colo. VI 22; S.D. V 19.) 
 Procedure 
 
 Appeals from justices of peace to be allowed in manner provided 
 by law for territory of Oklahoma for appeals from justices' 
 courts to district courts. (Okla. VII 18.) 
 Xcw trial allowed on appeals from justices of peace. (Okla. VII 
 
 14; Tex. V 16.) 
 New trial allowed at option of appellant in civil cases appealed 
 from justices of peace court. (Fla. V 18.) 

 
 \I»KX 
 
 hn.K.sT -"'IT 
 
 COURTS (Cont'd) 
 
 County Courts {Cont'd) 
 Procedure (Cont'd) 
 
 Provisions to be made by courts under regulations prescribed 
 by law for probate of wills and for appointment and qualifica- 
 tions of personal representatives, guardians, committees and 
 curators during recess of regular sessions of court. (W.Ya. 
 
 VIII 24.) 
 Quarterly Courts, See below, 'this title, Quarterly Courts. 
 Time and Place of Holding 
 
 As now prescribed for holding higher courts until otherwise 
 
 prescribed by law. (Ark. VII 31.) 
 To be open at all times. (NT). IV 110.) 
 
 County seat; legislature may provide for holding sessions at not 
 more tban two additional places in county; alternate sessions 
 of the county court of LaFlore county shall be held at Tali- 
 
 hina. (Okla. VII 13.) 
 As provided by law. until otherwise provided judges shall fix 
 time; special terms may be held under regulations prescribed 
 by law. (S.D. V 27, 28, 33.) 
 At least four for both civil and criminal business as may be 
 provided by legislature or by commissioners' court of county 
 under authority of law and such other terms as may be fixed 
 by commissioners' court; if commissioners' court lias fixed 
 times and number of terms not to change same until expira- 
 tion of one year ; at least one term every two months for civil 
 and one term every month for criminal business; probate 
 business to be disposed of in term time or vacation under regu- 
 lations prescribed by law; terms to be held, until otherwise 
 provided, on first . Mondays in February, May, August and 
 November, and may remain in session three weeks. (Tex. V 
 
 17, 29.) 
 
 Four regular sessions each year at time entered on record by 
 
 court; provision may be made for holding special sessions. 
 
 (W.Ya. \ III 22.) 
 
 Transfer of Cases 
 
 See also below, this title. Trials — Change of Venue. 
 If judge disqualified, parties may transfer cause to another 
 county court or have case submitted to referee. (Fla. V 10.) 
 
 Uniformity of Provisions Relating to 
 
 All courts of the same class or grade must be uniform provided 
 that legislature may classify county courts according to the 
 population of the respective counties and fix the jurisdiction 
 and salary of the judges thereof accordingly. (S.I). V 34.) 
 
 Writs, Power to Issue 
 
 Injunction, mandamus; habeas corpus in cases where offense 
 charged is within jurisdiction of the county court or any 
 other court or tribunal inferior to said court; writ- necessary 
 to enforce jurisdiction. (Okla. VII 12; Tex. V 16.) 
 As to power of judges, See above, this subdivision. Judges,
 
 318 State Constitutions 
 
 COURTS {Cont'd) 
 
 County Judge (as a Court) 
 
 In Florida the legislature may organize county courts. For organi- 
 zation and jui isdiction of these courts, See above, tJtis title, 
 County Courts. The subject of ttiis subliead is an inferior court 
 distinct from the county court. 
 Judge elected by qualified electors of comity at time and place of 
 voting for other county officers; to hold office for four years; 
 compensation as provided by law; original jurisdiction in all cases 
 at law where demand or value of property involved does not 
 exceed $100, in forcible entry and detainer, in settlement of estates 
 of decedents and minors and other jurisdiction pertaining to 
 courts of probate; such criminal jurisdiction as conferred by law; 
 power of a committing magistrate, and to issue all licenses in 
 
 county. (Fla. V 16, 17.) 
 Criminal Courts 
 
 Subliead covers court of thai name, being minor criminal courts. 
 For criminal jurisdiction of other courts, See throughout this title. 
 Abolishment 
 
 Legislature may abolish. (Fla. V 32.) 
 Clerks 
 
 Elected by electors of the county in which court is held for 
 term of four years; compensation as fixed by law; to be clerk 
 of county court. (Fla. V 30, 31.) 
 Establishment, See below) this title, Establishment. 
 Judges 
 
 One for each court appointed by governor with consent of senate 
 for terms of four years; must be at least 20 years of age 
 and an attorhey-at-Iaw; compensation $1,000, payable by 
 county; in Escambia county $2,500, may be increased as pro- 
 vided by law. (Fla. V 3, 24, 41.) 
 Jurisdiction 
 
 Concurrent jurisdiction with general trial court in all criminal 
 
 cases not capital. (Colo. VI 24.) 
 Original in all cases not capital in their respective counties. 
 
 (Fla. V 25.) 
 
 Courts of special sessions to have such jurisdiction of offenses of 
 
 grade of misdemeanors as may be prescribed by law. (N.Y. 
 
 VI 23.) 
 Special Organization for Baltimore 
 
 Detailed provisions. (vid. IV 27 rt seq.) 
 Special Organization for Cook County 
 Detailed provisions. (111. VI 2G.) 
 Special Organization for Escambia County 
 
 Detailed provisions. (Fla. V 30.) 
 Special Organization for New Orleans 
 
 Detailed provisions. (La. 140 et scq.) 
 Times of Holding 
 
 Six terms per annum. (Fla. V 25.) 
 Terms as provided by law. (Colo. VI 24.)
 
 Index Digest 310 
 
 COURTS (Cont'd) 
 Decisions 
 
 See also below, this title, Judgments; 
 Of a particular class of courts, Sec throughout this title. 
 Legislature to provide for speedy publication of such as deemed 
 
 expedient (Wis. VII 21.) 
 Legislature to provide for speedy publication if such deemed expedi- 
 ent; to be free for publication by any person. (Mich. V 39.) 
 Legislature to regulate reporting of; to be free for publication by 
 
 any person. (X.Y. VI 21.) 
 
 Shall refer to law by virtue of which every definite judgment is 
 
 rendered and in every case shall adduce reasons on which judgment 
 
 founded. (La. 91.) 
 Power to declare law or city charters or amendments thereto adopted 
 by people in cities acting under article XX of constitution, in 
 violation of constitution of state or of United States, confined to 
 highest court; decision filed with clerk of highest court within 
 10 days; decision not binding until 60 days after tiling; if 
 within period of 60 days petition signed by 5 per cent, of quali- 
 fied electors of state, or in case of charter, or amendment thereto, 
 by 5 per cent, of qualified electors of city or city ami county, shall 
 be filed with secretary of state, or, in case of city, with legislative 
 body of said city or city and county, requesting measure to be 
 submitted to people, measure to be so submitted; if law approved 
 by majority of votes cast thereon to take effect from and after 
 date of declaration of vote thereon by proclamation by governor 
 not less than 30 days after vote canvassed ; if charter or 
 amendment approved by majority of votes cast thereon, to take 
 effect from and after date of declaration id' vote thereon by 
 proclamation of legislative body of city or city and county; not 
 less than 30 days after vote canvassed. (Detailed provisions for 
 petition, time of election and, canvassing of vole, character of 
 
 ballot, etc.) (Colo. VI 1.) 
 Equity and Law, Distinction Abolished, See above, this title. Actions. 
 Establishment 
 
 Existing Courts Continued 
 
 Highest court (court of appeals). (X.Y. VI 7.) 
 Supreme court (general trial court). (X.Y. VI 1.) 
 Surrogate courts (probate courts) : (X.Y. YT 1.1.) 
 County courts. (N.Y. YT 14.) 
 
 Criminal district court of Galveston and Harris counties to 
 continue with district jurisdiction ami organization now exist- 
 ing by law. until otherwise provided by law. (Tex. \ 1.) 
 Probate court as established in county of Charleston; probate 
 courts in all counties other than county of Charleston in all 
 matters testamentary and of administration', in business apper- 
 taining to minors and the allotmenl of dower, in cases of 
 idiocy and lunacy, and persons kon cdtrtpos mentis, until Legis- 
 lature provides otherwise. (S.C. V 10.)
 
 • !2(> State Constitutions 
 
 COURTS (Cont'd) 
 
 Establishment (Cont'd) 
 
 Existing Courts Continued (Cont'd) 
 
 Pulaski chancery court to continue in existence till abolished by 
 law or business pending at adoption of constitution disposed 
 of or pending business transferred to other courts. (Ark. 
 
 VII 44.) 
 Such inferior courts as now exist, but legislature may alter or 
 
 abolish. (N.J. VI Sec. fl.) 
 In every city of second class (less than 10,000 inhabitants) 
 corporation court existing at time constitution goes into effect 
 to continue under name of corporation court ; may be abolished 
 by majority vote and will be abolished if judge is paid less 
 than $800 and vacancy not filled for 90 consecutive days; 
 to have concurrent jurisdiction with circuit court of county 
 in all actions at law and suits in equity. (Va. VI 98.) 
 All courts of limited jurisdiction heretofore established in any 
 county, incorporated city, town or village, until otherwise pro- 
 vided by law; municipal court of Wheeling, until otherwise 
 provided by law, court and judges to exercise powers and 
 jurisdiction heretofore conferred on them; such tribunals as 
 heretofore establishes under thirty-fourth section of eighth 
 article of constitution of 1872 for police and fiscal purposes, 
 until otherwise provided by law; such courts to act in police 
 and fiscal matters in lieu of the county court created by con- 
 stitution, until otherwise created by law. (W.Va. VIII 19,24.) 
 By Constitution 
 
 See also above, this subdivision, Existing Courts Continued. 
 Appellate Courts 
 
 Intermediate court of appeals. (Cal. VI 1; Ga. VI Sec. I 1: 
 
 La. 84; N.J. VI Sec. I 1; Ohio IV 1.) 
 Intermediate court of appeals for civil cases only. (Tex. 
 
 V I.) 
 Intermediate court of appeals for criminal cases only. 
 
 (Tex, VI.) 
 Kansas City court of appeals. (Mo. VI 2 [Amend.]) 
 St. Louis court of appeals. (Mo. VI 1.) 
 Arbitration Courts 
 
 General provision. (Wyo. V 1.) 
 Chancery Courts 
 
 General provision. (Ala. VI 139; Del. IV 1; Miss. VT 152; 
 
 N.J. VI Sec. T 1.) 
 Comm issioners' Courts 
 
 General provision. (Tex. V 1.) 
 County Courts 
 
 General provision. (Ark. VII 1; Fla. V 1; Ky. 1.19. 140; 
 111. VI 1; Mo. VI 1; Nebr. VI 1; N.D. IV 85; Okla. VII 
 1; S.D. V 1; Tex. V 1.) 
 Corporation Commission 
 
 Has powers of court of record for specified purposes. (Okla. 
 | IX 19; Va. XII 156c.)
 
 Index Digest k -V>\ 
 
 COURTS (Cont'd) 
 
 Establishment ( Cont'd) 
 
 By Constitution (Cont'd) 
 Criminal Courts 
 
 General provision. (Mo. VI 1.) 
 Court of general sessions. (Del. IV 1.) 
 Court of oyer and terminer. (Del. IV 1.) 
 Criminal court for Escambia county. (Fla. V 24.) 
 Fiscal Courts 
 
 General provision. (Ky. 144.) 
 General Trial Courts 
 
 General provision. (Ala. VI 139; Ariz. VI 1; Ark. VII 1; 
 Conn. V 1; Del. IV 1; Fla. V 1; Ga. VI Sec. I 1; Ida. 
 
 V 2; 111. VI 1; Ind. VII 1; Iowa V 1; Kan. Ill 1; Ky. 
 125; La. 84; Md. IV 1; Mich. VII 1; Minn. VI 1; Mis<. 
 
 VI 152; Mo. VI 1; Mont. VIII 1; Xebr. VI 1: Xev. VI 1; 
 X.J. VI Sec. I 1; X.M. VI 1; X.C. IV 2; X.D. IV 85; 
 Ohio IV 1 ; Okla. VII 1 ; Pa. V 1 ; S.D. V 1 ; Tex. V 1 ; 
 Utah VIII 1; Va. VI S7; Wash. IV 1; W.Va. VIII 1 ; Wis. 
 
 VII 2; Wyo. VI.) 
 For civil cases only. (S.C. VI.) 
 For criminal cases only. (Fla. V 1: S.C. V 1.) 
 For criminal cases only, courts of oyer and terminer, Gen- 
 eral jail delivery, quarter sessions. (Pa. V 1.) 
 Highest Court 
 
 General provision. (Ala. VI 139; Ariz. VI 1: Ark. VII 1 ; 
 Cal. VI 1 ; Colo. VI 1 ; Conn. V 1 ; Del. IV 1 ; Fla. V 1 ; 
 Ga. VI Sec. I 1; Ida. V 2; 111. VI 1; Ind. VII 1 ; Iowa V 
 1; Kan. Ill 1; Ky. 109; La. 84; Me. Vl'l; Md. IV 1; 
 Mich. VII 1; Minn. VI 1; Miss. VI 144; Mo. VI 1; Mont. 
 VIII 1 ; Xebr. VI 1 ; Xev. VI 1 ; X..T. VI Sec. I 1 ; X.M. 
 VI 1; X.C. IV 2; X.D. IV 85; Ohio IV 1; Okla. VII 1; 
 Ore. VII 1; Pa. V 1; R.I. XI 1; S.C. V 1; S.D. V 1; 
 Tenn. VI 1; Tex. V 1; Utah VIII 1; Vt. II 42; Va. VI 
 87; Wash. IV L; W.Va. VIII 1; Wis. VII 2; Wyo. V 1.) 
 Justices of Peace 
 
 General provision. (Ariz. VI 1; Ark. VII 1; Del. IV 1; 
 Fla. V 1; Ga. VI Sec. I 1; Ida. V 2: 111. VI 1; Kan. Ill 
 1; Ky. 142; La. 84; Md. IV 1; Mich. VII 1; Minn. VI 1: 
 Miss. VI 152; Mont. VIII 1; Xebr. VI 1; Xev. VI 1: 
 X.C. IV 2; X.D. IV 85; Okla. VII 1; S.D. V 1 ; Tex. V 1 ; 
 Utah VIII 1; Wash. IV 1; W.Va. VTTI 1: Wis. VII 
 
 Wyo. VI.) 
 Juvenile Courts 
 
 General provision. (La. 118.) 
 Municipal Courts 
 
 General provision. (Mo. VI 1: Va. VI 87.) 
 In cities, corporation courts. (Va. VI 98.) 
 Police Courts 
 
 General provision. (Nebr. VI 1; 111. VI 1; Pa. V 1.) 
 
 11
 
 322 State Constitutions 
 
 COURTS (Cont'd) 
 
 Establishment (Cont'd) 
 
 By Constitution (Cont'd) 
 Prerogative Court 
 
 Genera] provision. ( X...T. VI Sec. I 1.) 
 Probate Courts 
 
 General provision. (Ala. VI 139; Ark. VII 1; Del. IV 1: 
 Ga. VI Sec. I 1; Ida. V 2; Kan. Ill 1: Md. IV 1; Mich. 
 VII 1 ; Minn. VI 1; Mo. VI 1; X.M. VI 1, 23; Ohio IV 1; 
 
 Pa. V 1; Wis. VII 2.) 
 Register's Courts 
 
 General provision. (Del. IV 1.) 
 Special Courts 
 
 Six courts for city of Baltimore. ( Md. IV 1, 27.) 
 Courts for parish of Orleans. (La. 130 et seq.) 
 Courts for Cook county. (111. VI 23 et svq.) 
 By Legislature 
 In General 
 
 May constitute judiciaries and courts of record or other 
 courts to be holden in the name of the state, for the 
 hearing, trying and determining of all manner of crimes, 
 offenses, hills, processes, complaints, causes, actions, mat- 
 ters and things, whatever arising or happening within the 
 state, whether civil or criminal, to which courts is hereby 
 granted the power to administer oaths, and affirmations 
 for the better discovery of truth in any matter in con- 
 troversy depending upon them. (X.H. II 4.) 
 May establish such other courts as necessary and prescribe 
 the jurisdiction and organization thereof and conform the 
 jurisdiction of general trial court and other inferior courts 
 
 thereto. (Tex. VI.) 
 Legislature 'may establish such courts other than those es- 
 tablished in constitution as it may deem necessary and 
 prescribe organization and jurisdiction thereof and may 
 conform jurisdiction of district and other inferior courts 
 
 thereto. (Tex. V 1.) 
 Other courts than those established in constitution may 
 from time to time be established by legislature, with con- 
 currence of two-thirds of all members elected to each house. 
 
 (Del. TV 1.) 
 
 Other courts than those established in constitution may be 
 
 established. (Colo. VI 1; Ga. VIT Sec. I 1; Ind. VII 1; 
 
 Pa. V 1.) 
 Courts other than highest court may be provided for by law. 
 
 (Ore. VII 1: K.I. XL) 
 Other courts inferior to highest court. (Iowa V 1; Kan. 
 
 Ill 1: X.C. IV 2: Tenn. VI 7; Utah VIII 1.) 
 Courts of law and equity inferior to highest court and to con- 
 sist of not more than five members. (Ala. VI 130.) 
 Other courts, commissioners or boards inferior to highest 
 
 court. (Okla. VIII.)
 
 Index Digest 323 
 
 COURTS {Cont'd) 
 
 Establishment ( Cont'd I 
 By Legislature (Cont'd) 
 In General (Cont'd) 
 
 Other courts inferior to highest court by two-thirds vote of 
 
 legislature. (Minn. VI 1.) 
 
 Other courts of civil and criminal jurisdiction inferior to 
 
 highest court by two-thirds vote of members elected to 
 
 each house by general law. (Mich. VII 1.) 
 
 Other courts inferior to intermediate court of appeals. 
 
 (Ohio IV 1.) 
 Courts inferior to general trial courts may be provided by 
 
 law. (Ariz. VI 1.) 
 
 Legislature may ordain and establish courts inferior to 
 
 general trial court; powers and jurisdiction to be defined 
 
 by law. (Conn. V 1.) 
 Courts inferior to general trial court in any county of the 
 
 state* (N.M. VI 1.) 
 
 Such courts in any or all of the counties of the state, 
 
 inferior to circuit courts as may be deemed necessary. 
 
 (S.C. V lj 
 Courts of record may be established by law. ( Ariz. VI 10. ) 
 Inferior courts may be established. (Miss. VI 172; N.J. 
 
 VI Sec. I 1.) 
 Legislature may establish inferior courts and provide for 
 
 their jurisdiction and powers. (Wash. IV 1, 12.) 
 In counties inferior courts with limited civil and criminal 
 
 jurisdiction. (Wis. VII 2.) 
 Legislature may establish courts of limited jurisdiction 
 
 within any county. (W.Va. VIII 19.) 
 Inferior local courts of civil and criminal jurisdiction not 
 to have equity jurisdiction or greater jurisdiction than 
 conferred on county courts by constitution, not to be 
 courts of record. (N.Y. VI 18.) 
 Inferior courts may be established by legislature in town- 
 ship, county, city or county. Number to be determined 
 by legislature according to population ; to have such 
 jurisdiction as provided by law but in no case to trench 
 upon jurisdiction of several courts of record, except that 
 legislature shall provide that said courts shall have the 
 concurrent jurisdiction with general trial court in cases 
 of forcible entry and detainer where rental value does 
 not exceed $25 per month, and where whole amount of 
 damages claimed does not exceed $200, and in cases to 
 enforce and foreclose liens when value of property amounts 
 
 to $300. (Cal. VII, 11. 13.) 
 May give to inferior courts established by them original 
 jurisdiction in criminal cases for disturbing meetings held 
 for religious worship; nuisances; assaults and battery; 
 in cases of retailing and selling, without license or on 
 Sunday, or to minors, wine, rum, brandy, gin, whiskey or
 
 324 State Constitutions 
 
 COURTS (Cont'd) 
 
 Establishment ( Cont'd) 
 By Legislature (Cont'd) 
 In General (Cont'd) 
 
 spirituous or mixed liquors contrary to law; in cases of 
 keeping without license a public house of entertainment, 
 tavern, inn, ale house, ordinary or victualing house; and 
 in criminal cases for carrying concealed a deadly weapon; 
 and in other misdemeanors, two-thirds of the members 
 elected to each house concurring. (Del. IV 1, 30.) 
 Appellate Courts 
 
 May be created in districts formed for that purpose. (111. 
 
 VI 11.) 
 One additional intermediate court of appeals with new dis- 
 trict. (Mo. VI (Amend. 1884) 3.) 
 Arbitration Courts 
 
 General provision. (Mich. XVI 7; N.D. IV 120; Ohio IV 
 
 19; Wis. VII 16.) 
 Chancery Courts 
 
 General provision. (Ark. VII 1; Tenn. VI 1.) 
 Legislature may create court, but may not constitute them- 
 selves judges of court. (Vt. II 29.) 
 A court or courts of chancery with original and appellate 
 jurisdiction except as otherwise authorized in this article. 
 
 (Ala. VI 145.) 
 Circuit Courts 
 
 To be established by legislature. (Tenn. VI 1.) 
 Common Pleas Courts 
 
 Legislature may authorize judge of county court of any one 
 or more counties to hold quarterly court of common pleas 
 in respective counties, to be a court of record with such 
 jurisdiction in matters of contract and other civil matters 
 not involving title to real estate as may be vested in 
 
 such court. (Ark. VII 32.) 
 County Courts 
 
 General provision. (Colo. VI 1.) 
 
 Legislature may organize in such counties as it may think 
 
 proper, and may abolish. (Fla. V 18.) 
 Legislature may in lieu of county court abolished by it, 
 with consent of majority of voters, voting at an election, 
 create another tribunal for the transaction of business 
 required to be performed by county court created by 
 article and in such case provisions of article in relation 
 to county court applicable, and such tribunals when 
 established to continue to act in lieu of county court 
 until otherwise provided by law. ( W.Va. VIII 29.) 
 May be established, but question of establishment to be 
 submitted to qualified electors of county and be approved 
 by majority of those voting. (S.C. VI.)
 
 Index Digest 325 
 
 COURTS {Cont'd) 
 
 Establishment (Cont'd) 
 By Legislature (Cont'd) 
 Criminal Courts 
 
 To be established in any county when a majority of regis- 
 tered voters make application and legislature deems ex- 
 pedient; to be a court of record (Escambia county court 
 established by constitution). (Fla. V 24.) 
 In each county having a population exceeding 15,000. (Colo. 
 
 VI 24.) 
 
 Legislature may provide for establishment of special courts 
 
 for trial of misdemeanors in incorporated cities and 
 
 towns. (Ida. V 14.) 
 In incorporated cities and towns. (Ida. V 14.) 
 No power to establish except in counties having population 
 exceeding 50,000. (Mo. VI 31.) 
 General Trial Courts 
 
 May be ordained and established from time to time. (Tenn. 
 
 VI 1.) 
 Justices of Peace 
 
 May be established. (Tenn. VI 1.) 
 Juvenile Courts 
 
 In counties and cities and counties having population ex- 
 ceeding 100,000, exclusive original jurisdiction in cases 
 involving minors and persons whose offenses concern 
 minors, may be vested in a separate court now or here- 
 after established by law. (Colo. VI 1.) 
 Legislature may establish in any county or municipality of 
 
 state. (N.M. VI 1.) 
 Land Registration 
 
 Court or courts of land registration as it may deem proper 
 for administration of any law it may adopt for purpose 
 of settlement, registration, transfer or assurance of titles 
 to land in state or any part thereof. (Va. VI 100.) 
 Municipal Courts 
 
 May be established. (Ark. VII 1; N.M. VI 1; S.C. V 1.) 
 Inferior to highest court for any incorporated city or town. 
 
 (Ida. V 2.) 
 
 Courts other than those enumerated may be created by law 
 
 for cities, incorporated towns and villages. (N.D. IV 85.) 
 
 In lieu of all justices of peace in a precinct partly or wholly 
 
 in a city or incorporated town of over 1,500 inhabitants. 
 
 (Ala. VI 168.) 
 May be created in towns of more than 5,000. (La. 96.) 
 In lieu of police magistrates in cities with over 5.000 popu- 
 lation to have same jurisdiction as justices of peace in 
 cases in which process served in city, and jurisdiction 
 co-extensive with county in which city is situated in cas 
 as provided by law. (S.D. V 23.)
 
 326 State Constitutions 
 
 COURTS [Cont'd) 
 
 Establishmext (Cont'd) 
 By Legislature (Cont'd) 
 
 Municipal Courts (Cont'd} 
 
 May create instead of justices of peace courts abolished by it 
 in wards of cities containing more than 5,000 inhabitants, 
 courts with such civil jurisdiction as now vested in justices 
 of peace, and with criminal jurisdiction not extending be- 
 yond the trial of offenses not punishable by imprisonment 
 and hard labor, the laws of the state and the violation of 
 municipal and parochial ordinances and the holding of 
 preliminary examinations in cases not capital. (La. 96.) 
 May establish in lieu of justices' courts abolished by it in 
 any city having population over 20,000, except city of 
 Savannah, such court or courts as deemed necessary, con- 
 ferring upon such new courts jurisdiction now exercised 
 by justices of peace, notaries public and ex officio justices 
 of the peace, together with such additional jurisdiction 
 either as to amount or to subject-matter as may be pro- 
 vided by law, whereof some other court has not exclusive 
 jurisdiction under constitution, together also with such 
 provisions as to rules and procedure, new trials and cor- 
 rection of errors and with such further provisions for cor- 
 rection of errors by general trial court or intermediate 
 court of appeals or highest court as legislature may 
 desire. (Ga. VI Sec. VII 1 (1914).) 
 In cities of 30,000 or more, legislature may provide addi- 
 tional courts. (Va. VI 98.) 
 Courts for the punishment of offenses against municipal ordi- 
 nances in incorporated towns and cities. (Fla. V 34.) 
 Inferior to general trial court for cities and incorporated 
 
 towns. (Nebr. VI 1.) 
 For cities and incorporated towns. ( 111. VI 1 ; Mont. VIII 
 
 24; S.D. V 1.) 
 Courts for incorporated cities and towns by general law. 
 
 (Wyo. VI.) 
 
 Legislature may establish courts of limited jurisdiction 
 
 within any incorporated city, town or village. (W.Va. 
 
 VIII 19.) 
 Municipal courts may be established by legislature in incor- 
 porated city or town. Number to be determined by legis- 
 lature according to population; to have such jurisdiction 
 as provided' by law, but in no case to trench upon juris- 
 diction of several courts of record, except that legislature 
 shall provide that said courts shall have the concurrent 
 jurisdiction with general trial court in cases of forcible 
 entry and detainer where rental value does not exceed 
 $25 per month and where whole amount of damages 
 claimed does not exceed $200, and in cases to enforce and 
 foreclose liens when value of property amounts to $300. 
 
 *(Cal. VI 1, 11, 13.)
 
 Index J Digest 327 
 
 COURTS (Cont'd) 
 
 Establishment (Cont'd) 
 By Legislature (Cont'd i 
 
 Municipal Courts (Cont'd) 
 
 Courts for municipal purposes only in incorporated cirie? 
 
 and towns. (Nev. VI 1.) 
 With such jurisdiction as it may deem necessary. (Wis. 
 
 VII 2.) 
 May vest such jurisdiction in corporation courts as deemed 
 
 necessary. (Tenn. VI 1.) 
 Police Courts 
 
 For cities and towns. (Colo. VI 26; Ky. 143; Mont, VIII 
 
 24; S.D. V 23.) 
 Special courts for trial of misdemeanors in cities and towns. 
 
 (N.C. IV 14.) 
 Probate Courts 
 
 May be established in each county. (Ala. VI 149.) 
 May provide for surrogate in counties with population ex- 
 ceeding 40,000 in which no separate surrogate. (N.Y. 
 
 VI 15.) 
 Legislature to establish in every county, to be a court of 
 
 record, to consist of one judge. (Mo. VI 34.) 
 Legislature may provide for in each county having a popu- 
 lation of 50.000 and over. (111. VI 20.) 
 In county over 150,000, legislature shall, and in other coun- 
 ties may, establish separate court consisting of one or 
 more judges learned in the law. (Pa. V 22.) 
 Railroad Commission 
 
 May clothe any railroad commission with judicial powers 
 in all matters connected with the functions of their office. 
 
 (Fla. V 35.) 
 By Legislature Prohibited 
 
 Legislature not to create other courts to exercise powers vested 
 by constitution in courts of common pleas and orphans' courts. 
 
 (Pa. V 26.) 
 None except those provided for in constitution shall be estab- 
 lished. (Ky. 135.) 
 By Municipality 
 
 City charter may provide for establishment, constitution, regula- 
 tion, government and jurisdiction of municipal courts, with 
 such civil and criminal jurisdiction as by law may be con- 
 ferred upon inferior courts. (Cal. XI 8%.) 
 Evidence, See Evidence. 
 
 Execution. Exemption from. Sec Exemptions from Forced Sale. 
 Fiscal Courts, See Counties — Internal Organization and Admin- 
 istration. 
 
 General Sessions, Court of 
 
 See also below, this title, General Trial Courts for Criminal 
 
 Cases Only. 
 
 Chief justice and four associate justices to constitute. To designate 
 
 those to hold court in several counties, no more than three to sit
 
 328 State Constitutions 
 
 COURTS {Cont'd) 
 
 General Sessions, Court of (Cont'd) 
 
 together in any court. In each court chief justice, when present, 
 to preside; in absence, senior associate judge present to preside. 
 One to constitute quorum, except in cases of prosecutions under 
 section S of article V, or to hear contested applications for license 
 to sell intoxicating liquors, when two shall constitute quorum. One 
 judge may open and adjourn. Two or more sessions or one or 
 more sessions may be held at same time in same county or in 
 different counties, and business in several counties may be dis- 
 tributed and apportioned in such manner as shall be provided by 
 rules of said courts. To have all jurisdiction and powers vested 
 in court of general sessions of the peace and jail delivery; co- 
 extensive with state, legislature to have power to confer additional 
 power. Process may be issued out of each court in either county, 
 into every county. Legislature may give certain criminal juris- 
 diction to inferior courts, established by it in case of misdemeanors 
 and grant or deny privilege of appeal to general sessions if sen- 
 tence is not imprisonment exceeding one month or fine exceeding 
 $100. Must be appeal in these latter cases. Governor to have 
 power to commission judge ad Litem to constitute a quorum, com- 
 mission to confine office to cause and to expire on determination 
 of same. To receive reasonable compensation to be fixed by legis- 
 lature. Member of Congress or person holding or exercising office 
 under United States is not disqualified. Court to have power to 
 direct question of law to be heard by court en banc upon applica- 
 tion of either party; this court to consist of five judges. Chief 
 justice to preside when present, senior associate in absence. Four 
 to constitute a quorum; one may open and adjourn court. (Del. 
 
 IV 5, 6, 8, 15, 18, 19, 20, 30.) 
 General Trial Courts 
 
 Under this subhead drc grouped provisions relating to the principal 
 trial courts of the states, where such courts have substantially the 
 civil and criminal jurisdiction of the old courts of common picas 
 and king's bench in England. The name given to these courts in 
 each state will be found under the subdivision " Name ". Where 
 the stale separates its principal trial courts into distinct civil and 
 criminal courts, See below, this title, " General Trial Courts for 
 Civil Cases Only ", and " General Trial Courts for Criminal 
 Cases Only ". 
 Character 
 
 To be court of record. (Ariz. VI 10; Cal. VI 12; Md. IV 1; 
 Mich. VII 17; Mont. VIII 25; Nev. VI 8; Utah VIII 17; Wash. 
 
 IV 11.) 
 Chief Justice, See below, this subdivision, Judges. 
 Clerks 
 
 See also above, this title, Clerks. 
 Bond 
 
 To give bond and security for faithful performance of duties; 
 amount as provided by law. (La. 122.)
 
 Index Digest? 329 
 
 COURTS {Cont'd) 
 
 General Trial Courts (Con I'd) 
 Clerks (Cont'd) 
 Compensation 
 
 As provided by law. (Cal. VI 21 ; Minn. VI 7; Mont. VII 1 
 18; N.C. IV 18: N.D. IV 108: S.C. V 25; S.D. V 32: 
 
 \V.\a. VIII 18; Wyo. V 13.) 
 As provided by law and regulated by rules of court. (( olo. 
 
 VI 19.) 
 As provided by law but until so provided, by hoard of super- 
 visors. ( Ariz. VI IS. i 
 Deputies; as provided by county commissioners. (Ida. 
 
 XVIII 6, Amend. XL) 
 Deputies; as provided by law. (Md. IV 25.) 
 Fees and perquisites prohibited. (Ariz. VI 18.) 
 Fees as provided by law for all civil matters. (La. 129.) 
 None from state or parish for services in criminal matters. 
 
 (La. 122.) 
 Salaries as provided by law not to exceed 75 per cent. 'of fees 
 
 collected. (Ky. 106.) 
 
 Duties in General 
 
 As provided by law. (Ariz. VI IS: Colo. VI 19; Fla, V 15; 
 Kan. Ill 7: Minn. VI 7: Mont. VIII 18; N.Y. VI 19; 
 
 W.Va. VIII 18; Wyo. V 13.) 
 
 As prescribed by law or by rules of his court. (Cal. VI 21.) 
 
 As provided by law and regulated by rules of court con- 
 sistent therewith. (S.D. V 32., 
 
 As regulated by rules of court. (Colo. VI lit.) 
 
 Legislature to provide authority to make such orders and 
 do acts necessary for furtherance of justice in all cases: 
 powers are specified and determined. (La. 123.1 
 
 Legislature to provide duties to be performed during vaca- 
 tion, subject to approval of court. (Miss. VI 168.) 
 
 Legislature to provide jurisdiction in matters of admission 
 of wills to probate,, of appointment and qualification of 
 guardians, personal representatives, executors, appraisers 
 and committees of the estates of persons adjudged insane 
 or convicted of felony or in matter of substitution of 
 
 trustees. ( Ya. VI 101. I 
 
 May issue process, take recognizance of bail, and enter judg- 
 ment according to law and practice. ( Del. IV 29. i 
 
 To be ex officio parish reporter of conveyances, mortgages 
 and other acts and notary public. (La. 122.) 
 
 To be ex officio county recorder. (Ark. VII 19.) 
 
 To be ex officio recorder of deeds, except in counties Inning 
 60,000 or more inhabitants in which recorder of deeds 
 
 -hall he elected. (111. \ S.I 
 
 To be ex officio auditor and recorder for counties. (Ida. 
 
 XVIII 6.)
 
 S3:0 State Constitutions 
 
 COURTS {Cont'd) 
 
 Genebal Trial Cotjbts (Cont'd) 
 Clerks (Cont'd) 
 
 Duties in Connection with Other Courts 
 
 May act a* clerk of chancery when appointed by them. (Ala. 
 
 VI 165.) 
 To act as clerk of county court. (S.D. V 32.) 
 To be ex officio clerk of all other courts of record in county 
 unless by law election of a clerk is provided. (Ohio IV 
 
 10; S.C. V 27.) 
 To be ex officio clerk of intermediate courts of appeal. (La. 
 
 122.) 
 Clerk of general trial court of parish where sessions of 
 intermediate courts of appeal are held, to serve as clerk 
 and attend sessions either in person or by deputy until 
 otherwise provided by law. (La. 106.) 
 To be ex officio clerk of probate and county courts provided 
 county has less than 15,000. (Ark. VII 10.) 
 Ho ir Selected 
 
 As provided by law. (Miss. VI 168.) 
 
 Elected. (Fla. V 15: Ohio IV 16; Ida. V 16; Md. IV 25.) 
 Elected in manner prescribed by law. (Wyo. V 13.) 
 Elected by qualified electors of county. (Ala. VI 165; Ark. 
 VII 10; La. 122; X.D. IV 108; Ohio IV 16: S.C. V 27: 
 S.D. V 32: W.Va. VIII 18; Wis. VII 12.) 
 Elected by qualified electors of county at general election. 
 
 (Del. Ill 22.) 
 Elected by qualified electors for state and county officers. 
 
 (Tex. V 9.) 
 
 Elected by qualified electors of county at time provided by 
 
 law for election of members of legislature. (X.C. IV 16.) 
 
 Election by qualified electors of county at election of judges 
 
 of general trial term. (Ariz. VI IS.) 
 Elected by qualified electors of county at election of district 
 
 judge. (Mont. VIII IS.) 
 
 Elected in each county on Tuesday after first Monday in 
 
 November. (For special provisions in Cook count;/, See 
 
 below, this subdivision, Special Organization fob Cook 
 
 County.) (111. X 8.) 
 To be county officers, and elected as such. (See Counties — 
 
 Officers.) (Pa. XIV 1. 2.) 
 County clerks shall be. (X.V. VI 10; Wash. IV 26.) 
 Clerk of each county organized for judicial purposes to be 
 clerk of general trial court of such county. (Mich. VII 
 
 11.) 
 Until otherwise provided by law county clerk shall perform 
 duties now performed. (X.M. VI 22: Utah VIII 14.) 
 Location of Office 
 
 In town or place where general trial court is usually held. 
 
 (Del. Ill 23.)
 
 Index Digest 331 
 
 COURTS {Cont'd) 
 
 General Trial Courth (Cont'd) 
 Clerks (Cont'd) 
 
 A (/ in < 
 
 Clerk or register of probate, i Minn. VI 7. i 
 
 Prothonotary. (Del. IV 29; Pa. V 7.) 
 Number 
 
 One in eacli county. (bla. V 15; Ida. A" L6; Md. IV 25; 
 
 Mont. VIII 18; ST-JO". IV L6; S.C. V 27; Tex. V 9.) 
 One in each court. (Ariz. VI IS. | 
 
 One in each court (one court in each county I . (Minn. \I 
 
 13.) 
 One in each county where term is held. (Colo. VI 19.) 
 One in each organized county. (Kan. Ill 7: S.D. V 32.1 
 One in each organized county in which a court is held. (N.D. 
 
 IV LOS; Wyo. V 13.) 
 One in each county or circuit organized for judicial pur- 
 poses. (Wis. VII 12.) 
 One in each parish; parish of Orleans excepted. (La. 122.) 
 Counties having population of 150,000 or over, to have one 
 
 clerk. (Ky. 137.) 
 Poorer of Appointment 
 
 County commissioners to empower clerk to appoint deputies 
 and clerical assistants as business requires. ( Ida. XVIII 
 
 6, Amend. XL) 
 May appoint coroner for special cases where there is none in 
 
 county. (X.C. IV 24.) 
 With approval of judges, to appoint as many deputies as 
 
 judges deem necessary. (Md. IV 26.) 
 With approval of judge to appoint deputies with such powers 
 
 as provided by law. (La. 124. i 
 Prohibition nt> Practice of Law 
 
 In any court of state. (Mont. VIII 31.) 
 Qualifications 
 
 General provisions as prescribed by law. (Minn. IV 13.) 
 Removal 
 
 At pleasure of court. (Cal. VI 21.) 
 
 By information on good cause shown ; highest court to be 
 judge of facts: two-thirds of member- present to concur in 
 
 sentence. I Ky. 124. ) 
 By information or indictment of grand jury and conviction 
 
 of trial jury. (Tex. V 9.) 
 By judges of general trial court for incompetency, official 
 misconduct, habitual drunkenness: other cause- a- pro- 
 vided by law to be set forth in writing and finding of truth 
 
 by jury. (Tex. V 25. 
 Deputies mav be removed for incompetency, negleci of duties, 
 
 etc. i Md. IV 25.1 
 Manner provided by law. (W.Va. VIII 18.)
 
 I State Constitutions 
 
 COURTS (Coni d) 
 
 General Trial Courts (Con I'd) 
 Clerks {Cont'd) 
 
 Removal (Cont'd) 
 
 May remove for wilful neglect of duty or other misdemeanor 
 in office or oil ; mivietion in a court of law. (Md. IV 25.) 
 For specified causes by general trial court, courts of like 
 jurisdiction, or by criminal court of county in which clerk 
 holds office; provided, right of trial by jury and appeal 
 be secured. (Ala. VII 175.) 
 Residence 
 
 In respective county for which elected. (S.D. V 32. 37.) 
 In respective counties during term of office. (Kan. Ill 11.) 
 Within district for which elected during term of office. 
 
 (Mont. VIII 33.) 
 Special Provisions far Particular Courts 
 
 For Philadelphia one clerk's office and one clerk for all gen- 
 eral trial courts, appointed by judges for three years, 
 sub.je.et to removal by majority of them; prothonotary to 
 appoint assistants as authorized by general trial court; 
 he and assistants to receive salary as provided by law 
 and paid by county: all fees due commonwealth paid to 
 county treasurer (applies only to civil cases). (Pa. V 7.) 
 Term of Office 
 
 As prescribed by law. (Minn. VI 7.) 
 At pleasure of court. U'al. VI 21.) 
 
 Two years. (Ark. VII 10: Kan. Ill 7: S.D. IX 5; Tex. 
 
 V 9.) 
 Four years. (Ariz. VI 18; Del. Ill 22; Fla. V 15; Ida. 
 
 V 10; La. 122; Minn. VI G; Miss. VI 168.) 
 Four years; and until successors are qualified. (X.C. IV 
 
 17. 24.) 
 Four years and until successors elected and qualified. (S.C. 
 
 V 27.) 
 
 Four years from first Monday of December after election and 
 
 until successor elected and qualified; special provisions in 
 
 Cook county. (111. X 8, VI 27.) 
 
 Six years. (Ala. VI 105: W.Va. VIII 18.) 
 
 Six years and until successor elected and qualified. (Md. 
 
 IV 25.) 
 Same as district judge. (Mont. VIIT IS.) 
 Same as other county officers. (X.D. IV 108.) 
 Vacancies 
 
 Filled by judge for unexpired term. (Ala. VI 105.) 
 To be filled by special election unless occurring nine months 
 before next general election when filled by appointment 
 by governor. If elected from county the vacancy is filled 
 by special election unless occurring six months before 
 next general election when filled by governor. (Ark. All 
 
 19. 50.) 
 To be filled as provided by law. ( Ida. V 19. ) 

 
 Index I 'm.i.st - 333 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Clerks \ Cont'd) 
 
 Vacancies (Cont'd) 
 
 Court shall have power to appoint deputj clerk until sue- 
 cessor is appointed by governor or elected and qualified; 
 election to till must be held within GO days from date 
 of vacancy provided that if unexpired term is for shorter 
 period than one ,var, appointee of governor shall hold 
 
 office for term, i La. 124.) 
 Judges may till until general election for delegates to legis- 
 lature to be held next thereafter when successor shall be 
 elected for the term of six years. (Md. IV 25.) 
 By appointment of judges within respective jurisdictions. 
 
 (.Mich. VII U.) 
 Filled by appointment by hoard of county commissioners ol 
 county where vacancy occurs; to hold office until his 
 successor is elected and qualified; If elected to till vacancy, 
 shall hold office for unexpired term. (Mont. Vdll 34.) 
 Filled by appointment of judge in case of vacancy other- 
 wise than by expiration of term and in case of failure by 
 people to elect until election can be regularly held. (N.C. 
 
 IV 29.) 
 To be filled by appointment by county board where it occurs 
 
 until next general election. (S.D. V 32, 37.) 
 Filled by appointment of judge of general trial court until 
 
 office can be rilled by election. (Tex. V 9.1 
 Court or judge of court, in vacation to fill until next gen- 
 eral election. If clerk is so situated as to make it im- 
 proper for him to act, court shall appoint a clerk to act. 
 
 (W.Ya. VIII IS. i 
 By appointment as prescribed by law. (Wyp. V 13.) 
 
 Costs and Fees 
 
 Legislature to impose tax on all civil suits in the municipal, 
 inferior or general trial courts; tax to constitute a fund to be 
 applied toward the payment of the salary of judges. (Wis. 
 
 VI] 18.) 
 All fees, fines and penalties td be paid into the county treasury. 
 
 ('■Pa. V 13.) 
 Court Commissioners 
 
 Judges to appoint in their respective counties as may be deemed 
 necessary: Powers, duties and compensation as provided by 
 
 law. (Ariz. V] 19.) 
 Judge may appoint in cadi county in his district one or more 
 attorneys with power to allow writs of injunction, issue writs 
 of habeas corpus, returnable before himself or the judge. 
 Orders may be reviewed by general trial judge and confirmed, 
 qualified or vacated. .May be removed by judge legislature 
 may confer upon them further powers, not judicial, and shall 
 
 fix compensation. ( Fla. V 14.)
 
 334 State Constitutions 
 
 COURTS (Cont'd) 
 
 General Trial Coukts (Cont'd) 
 Court Commissioners (Cont'd) 
 
 May be appointed in each county by judges of general trial court 
 having jurisdiction, one or more, not exceeding three who shall 
 have authority to perform like duties as judge of general trial 
 court at chambers, subject to revision by such judge, to take 
 depositions and perform such other business connected with 
 administration of justice as prescribed by law. (Wash. IV 23.) 
 Legislature may provide for appointment of one or more in their 
 respective counties or cities and counties with authority to 
 perform chamber business of judges of general trial courts, 
 to take depositions and perform such other business connected 
 with administration of justice as may be prescribed by law. 
 May receive fees or perquisites of office. (Cal. VI 14, 15.) 
 Legislature may provide for election of one or more in each 
 organized county who may be vested with judicial powers not 
 exceeding those of judge of general trial court at chambers. 
 
 (Mich. VII 21.) 
 Legislature may provide for election of one person in each or- 
 ganized county with judicial power and jurisdiction not ex- 
 ceeding power and jurisdiction of judge of general trial court 
 at chambers: or legislature may, instead of election, confer 
 such power and jurisdiction upon judges of probate. (Minn. 
 
 VI 15.) 
 Legislature may provide for appointment of one or more in 
 each organized county, and may vest in them such judicial 
 powers as shall be prescribed by law. Said power not to exceed 
 judge of general trial court at chambers. (Wis. VII 23.) 
 Legislature to provide for appointment by several district courts 
 of one or more district court commissioners ( who shall be 
 persons learned in law) in each organized county in which 
 district court is held. To have authority to perform such 
 chamber business in absence of district judge from county or 
 upon his written statement tiled with papers, that it is im- 
 proper for him to act, as may be prescribed by law, to take 
 depositions and perform such other duties and receive such 
 compensation as shall be prescribed by law. ( \\ yo. V 14.) 
 Decisions 
 
 Sec aluo below, this subdivision, Judgments. 
 Reasons to be Set Forth 
 
 To be in writing: grounds of decision stated. (Cal. \T 24.) 
 Time Given for 
 
 Musi be made 60 days from the rising of the last courl 
 of the district being held at time of submission. (S.C. 
 
 V 17.1 
 Must be made within 90 days from day of hearing, pro- 
 vided that if within 90 days a rehearing ordered, the 
 period within which judge must decide shall begin at 
 time case is submitted upon rehearing. (Wash. IV 20.)
 
 I \i)EX Digest 335 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Decisions {Cont'd) 
 
 Time Given for (Cont'd) 
 
 Must be made within 60 days from submission; provided, 
 that if within 60 days a rehearing ordered the period 
 within which judge must decide shall begin at time case 
 is resubmitted. (Ariz. VI IS:) 
 Must be made within two months after argument or sub- 
 mission. (Md. IV 23.) 
 Xo judge to receive salary unless lie make- and subscribes 
 affidavit that no cause in his court remains pending un- 
 decided that has not been submitted for decision for a pe- 
 riod of 30 days. (Ida. V 17.) 
 Same; 90 days. (Cal. VI 24.) 
 
 Divisions, See below, tli'is subdivision, Sessions. 
 Establishment, See above, this title. Establishment. 
 
 Judges 
 
 Sec also below, litis title. Judges. 
 
 In Delaware, See abore. this title. Associate Judges of State. 
 
 Ad Litem Appointees 
 
 • For power of judges to hold court for eqcli other. Sec below. 
 
 this subdivision, Judges — Power to Act in Other 
 
 Districts. 
 
 Absence of judge, a reason for. (Kan. Ill 20; Ky. 136; 
 
 Okla. VII 9; Tex. V 7; W.Va. VIII 15.) 
 Disqualification of one or more judges to sit in case, a reason 
 
 for. (Kan. Ill 20; X.M. VI 15; Tex. V 11.) 
 Illness of judge, a reason for. (Ind. VII in.) 
 inability of judge to sit in case, a reason for. (Ind. VII 10; 
 
 Kan. Ill 20.) 
 Recusation of judge, a reason for. (La. 112.1 
 Appointed by bar. (Ga. VI See. IV 9: Kan. Ill 20.) 
 Appointed by bar; detail of method given. (Ark. VII 21.1 
 Legislature to provide for appointment by b:ir. (Kan. Ill 
 
 20.) 
 Appointed by parties. (Fla. V 19; Mont. VIII 36.) 
 Appointed by parties by consent; if parties fail, as pre- 
 scribed by law. (Tex. V 11.) 
 Appointed by parties; if parties cannot agree, at request of 
 either party by members of bar of district present at 
 term; if no election, by assignment by chief justice of 
 highest court of another general trial court judge. (Okla. 
 
 VII 9.) 
 
 Appointed by parties; if parties cannot agree, court clerk 
 
 appoints; legislature may provide other methods. (Ala. 
 
 VI 160.) 
 t 
 
 Appointed by parties; if parties cannot agree governor to 
 appoint. (Miss. VI 16.5.)
 
 336 State Constitutions 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judges (Cont'd) 
 
 Ad Litem Appointees (Cont'd) 
 
 Appointed by parties, or their attorneys of record. (N.M. 
 
 VI 15; Utah VIII 5.) 
 
 Appointed by parties, of their attorneys of record, agreed on 
 in writing. (Cal. VI 8; Ida. V 12; Wash. IV 7.) 
 
 Legislature to provide for trial of recused cases by selec- 
 tion of licensed attorneys having qualifications required 
 for judges except that of residence in district, or by inter- 
 change of judges, or otherwise. (La. 112.) 
 
 Legislature may provide for selection or election of suitable 
 person to preside in special cases. (Colo. VI 12.) 
 
 Legislature may provide for temporary appointment of per- 
 sons learned in law to hold special or regular terms in 
 case of necessity. (S.C. V 6.) 
 
 Legislature may provide for holding court. (Ala. VI 161; 
 Ind. VII 10; Ky. 136; Tex. V 7; W.Va. VIII 15.) 
 
 Legislature to provide for holding court. (W.Va. VIII 15.) 
 
 Legislature to provide for holding court in cases of disability 
 or disqualification of judge. (Tex. V 7.) 
 
 Commission to expire on termination of cause. (Ala. Vl 
 
 160; Fla. V 19.) 
 
 Appointee to be learned in law. (Ala. VI 160.) 
 
 Appointee to be member of bar. (Ala. VI 160; Ida. V 12; 
 N.M. VI 15; Utah VIII 5; Wash. IV 7.) 
 
 Appointee to have law knowledge. (Miss. VI 165.) 
 
 Appointee to have same power as regular judge of court. 
 (Ala. V 160; Cal. VI 8; Mont. VIII 36.) 
 
 In case of absence of judge of general trial court from 
 county, or in case of his disqualification for any reason, 
 the county court judge shall have power to issue writs of 
 injunction in matters about to be brought or pending in 
 general trial court. (Okla. VII 12.) 
 Assistant Judges 
 
 Elected by freemen of respective counties, biennially on first 
 Tuesday after first Monday of November in same manner 
 as senators. Term of office two years from first day of 
 February next after election. (Vt. II 35. 45, 4S, 49.) 
 
 Associate Judges Not Learned in the Law 
 
 Office abolished in counties forming a separate district. 
 
 (Pa. V 5.) 
 Chief Justice 
 
 To be chosen from their own pujnber bv members of court. 
 designated " presiding judge ". ami removable at pleasure 
 of fellow judges. To distribute business of court among 
 judges thereof and prescribe order of business. (Cal. 
 
 VI 6.)
 
 Iadex Digest 337 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judges (Cont'd) 
 
 Chief Justice (Con I'd) 
 
 To preside when present and in absence senior associate 
 judge present to preside. To preside in court en banc 
 when present and in absence senior associate judge present 
 
 to preside. (Del. IV 5, 15.) 
 Commissions 
 
 Shall be commissioned by governor. (Kv. 129.) 
 Compensation 
 
 As prescribed by law. (Ark. VII IS; Cal. VI 17; Iowa V 9; 
 Mo. VI 33; Minn. VI 6; Miss. VI 166; N.C. IV IS; 
 N.D. IV 99; Ohio IV 14; S.C. V 9; Wis. VII 10; Wyo. 
 
 V 17.) 
 
 As provided by law, to be adequate; to be equal and uniform 
 
 throughout state so far as same is paid out of state 
 
 treasury. (Ky. 133.) 
 Not less than $1,500 per annum. (Kan. Ill 13; Wis. VII 10.) 
 $1,800 per annum in constitution; now $3,300; Ohio county 
 may pay an additional sum per annum but such allowance 
 not to be increased or diminished during term of office 
 of judges to whom made. (W.Va. VIII 16.) 
 Xot more than $2,000 per annum, until increased by legis- 
 lature on two-thirds vote of each house. (Ga. VI Sec. 
 
 XIII 1, 2.) 
 Xot less than $2,000. (Va. VI 103.) 
 $2,500 per annum. (Tex. V 7.) 
 
 Xot more than $2,500 per annum. (S.D. V 30, XXI 2.) 
 $2,750 per annum. (Fla. V S.) 
 
 $2,800 per annum in constitution; now $3,600. (Md. IV 24.) 
 $3,000 per annum. (La. 10S; Xebr. VI 13.) 
 $3,000 per annum until otherwise provided by law. Ida. V 
 
 17; 111. VI 16; Utah VIII 20.) 
 Xot less than $3,000 per annum. (Wash. IV 14.) 
 $3,500 per annum until otherwise provided by law. (Mont. 
 
 VIII 29.) 
 $4,000 per annum until otherwise provided by law. (Colo. 
 
 V 30, VI 18.) 
 $4,500 per annum. (X.M. VI 17.) 
 From $6,000 to $3,600 per annum until otherwise provided 
 
 by law. (Xev. XVII 16, 17.) 
 $7,000 per annum for first term succeeding formation of 
 
 state government. (Xev. XVII 5.) 
 $1.0,000 per annuna, Those assigned to intermediate court 
 of appeals in third and fourth departments, additional 
 $2,000, and presiding judge of said courts .^l'.^oo addi- 
 tional; those elected in the first and second judicial 
 departments shall continue to receive from their re 
 spective cities, counties or districts, as now provided by
 
 >38 State Constitutions 
 
 COURTS {Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judges (Cont'd) 
 
 Compensation (Cont'd) 
 
 law, such additional compensation as will make their 
 compensation what they are now receiving. Those judges 
 elected in any judicial department other than the first or 
 second assigned to the appellate division of the tirst or 
 second departments, shall, while so assigned, receive from 
 those departments, respectively, as now provided by law, 
 such additional sum as is paid to judges of those depart- 
 ments; judges in third and fourth department assigned to 
 appellate division or designated by governor to hold a trial 
 or special term in judicial district other than that in 
 which elected shall receive in addition $10 per day for 
 expenses while 1 actually so engaged, which shall be paid 
 by state and charged upon judicial district where service 
 is rendered. (N.Y. VI 12.) 
 
 To receive a salary, and in addition to salary paid from 
 state treasury, each judge may receive from county in 
 which he regularly holds court such additional salary as 
 may be determined from time to time by board of super- 
 visors of county; in any county where such additional 
 salary is granted it shall be paid at same rate to all 
 circuit judges regularly holding court therein. (Mich. 
 
 VII 12.) 
 
 Xo additional compensation for serving as judge of inter- 
 mediate court of appeals. (111. VI 11.) 
 
 Mileage paid. (Utah VIII 20.) 
 
 Mileage, same as members of legislature. (W.Ya. VIII 16.) 
 
 Compensation to be in lieu of all other compensation and 
 allowances for expenses. (N.Y. VI 12.) 
 
 Fees and perquisites prohibited. (Ark. VII IS; Colo. VI 18; 
 Kan. Ill 13; La. 96; Minn. VI 6; Mont. VIII 30; Xebr. 
 VI 14; Xev. XVII 5; Ohio IV 14; S.C. V 9; S.D. V 30. 
 
 XXI 2; Wis. VII 10.) 
 
 Increase prohibited during continuance in office. (Miss. VI 
 
 166.) 
 
 Increase prohibited during term for which elected. (Ida. V 
 27; 111. VI 16; Kan. Ill 13; Mo. VI 33; X.D. IV 9!); 
 Ohio IV 14; Utah VIII 12; Wyo. V 17.) 
 
 Increase prohibited after election and during term for which 
 
 elected. (Wash. IV 13.) 
 
 Increase or decrease prohibited during term for which 
 elected, unless a vacancy occurs; successor of former 
 incumbent to receive only salary provided by law at time 
 of election or appointment. (Xev. VI 15.) 
 
 l)e. irea's'e prohibited during continuance in office. (Ind. VI 1 
 13; Md. IV 24; Minn. VI 6; Miss. VI 166; Mont. VIII 
 
 29.)
 
 Index Digest -'I'!'- 1 
 
 COURTS (Confd) 
 
 General Trial Conns (Cont'd) 
 Judges (Con I'd) 
 
 Compensation ( Cont'd) 
 
 Decrease prohibited during term for which elected. (Ark. 
 VII IS: (.'a. VI See. Mil 1. 2; Ida. Y 27; ill. VI Hi; Mo. 
 VI 33; X.l). IV 99 ', Ohio IV II: S.< '. V !>; Utah \ III 12; 
 
 Wyo. V 7. ) 
 
 Decrease prohibited 'luring term for which elected in all 
 
 counties having but one judge and in all counties in 
 
 which terms of judges expire at same time. (Cal. VI 17.) 
 
 Payable by state. (Mont. VIII 2!> ; X..U. VI 17.) 
 
 Payable out of state treasury. (Oh. V I Sec. MM 1; Utah 
 
 VIII 20.) 
 Payable one-half by state; one-half by county in which 
 
 elected. (Cal. V 1 17.) 
 Payable one-half by state, one-half by counties for which 
 elected; amount paid by counties to be apportioned accord- 
 ing to their respective populations. Salary of judge of 
 Richmond court paid by state. (Va. VI 103.) 
 Payable one-half by state, one-half by counties in which 
 elected; amount paid by counties to be apportioned accord- 
 ing to assessed value of taxable property determined by 
 next preceding assessment. (Wash. IV 13.) 
 Payable out of county treasury in counties composing their 
 
 respective districts. (Xev. VI 15.) 
 Provisions to be made for setting apart from each year's 
 
 revenue enough to pay. ( Xev. VI 15.) 
 Payable at stated times. (Ind. VII 13; Kan. Ill 13; Ky. 
 133: Minn. VI 6; Mo. VI 33; Mont. VIII 2ft; Ohio IV 14: 
 Utah VIII 12; Wash. IV 13.) 
 Payable monthly. (Mich: VII 12.) 
 Payable monthly, on their own warrant. (La. 108.) 
 Payable cpiarterly. (111. VI lfi: Mont. VIII 29; X..M. VI 17; 
 
 Xev. VI 15; Utah VIII 20.) 
 Xo judge to receive salary until he makes and subscribes 
 affidavit that no cause in his court remain- pending unde- 
 cided that has been submitted for decision for period of 
 90 days. (Cal. VI 24.) 
 Same; 30 days. (Ida. V 17. 
 Conservators of P&Ace 
 
 To be within their respective districts. (Ark. VII 13; Mo. 
 
 VI 25; N.M. VI 21.) 
 Dual Office Holding 
 
 Not to bold seal in legislature: (Ark. V 7: Conn. X I 
 Not to hold any office of trust or profit under state or 
 
 United States. (Ark. YIT 1,9.) 
 Xot to hold any Office or public 1 emp'loymeni other than 
 judicial office during term for which elected. (Cal. VI 1S : 
 
 Wash. IV 15.)
 
 34Q State Constitutions 
 
 COURTS (Confd) 
 
 General Trial Covets (Cont'd) 
 Judges (Cont'd) 
 
 Dual Office Holding (Cont'd) 
 
 Not to hold any office during term for which elected except 
 
 that of judge of highest court. (Iowa V 5.) 
 Xot to hold any office of trust or profit under state or 
 United States, during term for which elected. (Kan. Ill 
 
 13.) 
 
 Not to hold other office under government of state; except 
 
 justice of peace, or militia office. (Mass. Amend. VIII.) 
 
 Not to hold any office in state other than judicial office 
 
 during term for which elected and for one year thereafter. 
 
 (Mich. VII 9.) 
 
 Not to hold any office under state or United States; all 
 
 such elections or appointments by people, legislature or 
 
 otherwise, void. (Minn. VI 11.) 
 
 Not to hold any office while he remains in office. (Mont. 
 
 VIII 35.) 
 Not to hold any office in state other than judicial office. 
 
 (N.M. VI 19.) 
 Not to hold any office or public trust; votes for them for 
 any other than a judicial office, by legislature or people, 
 to be void. (N.Y. VI 10.) 
 Not to hold any office other than judicial office during term 
 for which elected or appointed; all such elections or 
 appointments by people, legislature or otherwise, void. 
 
 (N.D. IV 119.) 
 
 Not to hold any office or trust or profit under state or 
 
 United States; all such elections by people or legislature, 
 
 void. (Ohio IV 14.) 
 Not to hold any .office under state or United States or any 
 
 other power. (S.C. V 9.) 
 Not to hold any office or public trust during continuance in 
 
 office. (Va. VI 105.) 
 Not to hold any office or public trust other than judicial 
 office during term for which elected; all such elections by 
 legislature or people, void. (Wis. VII 10.) 
 Election, Time of 
 
 As to whether; elected or appointed, <b'cc below, tJiis sub- 
 division, Judges — How Selected. 
 As prescribed by law, but change in time of election not to 
 affect right to hold office for fall term. (Ala. VI 152, 
 
 155.) 
 As prescribed by law. legislature may provide for elect inn 
 on different day from that on which an election is held 
 for any oilier purpose, and for this purpose may extend 
 or abridge term of office of any judge then holding office, 
 but in no case more than six month-. (( olo. VI 15; Tnd. 
 
 II 14; S.D. V 26.) 

 
 Im>ex Digest ■ '■'• I I 
 
 COURTS {Cont'd ) 
 
 General Trial Courts (Cont'd) 
 Judges (Cont'd) 
 
 Election, Time of (Cont'd) 
 
 At general state election. (Ariz. VI ;"» : Iowa V 11; Ky. 
 
 129; Wash. IV 15; Wyo. V 19.) 
 At general state election next preceding expiration of their 
 respective terms. (Ga. VI Sec. Ill 2; Nebr. XVI 13; 
 
 Okla. VII 9.) 
 At time of election of representatives in Congress. (N.M. VI 
 
 12.) 
 First Monday in April. (Mich. VII 9.) 
 First Monday in June. (111. VI 14.) 
 
 To be held on the municipal election day, Tuesday next fol- 
 lowing first Monday of November in each odd numbered 
 year, but legislature may fix a different day. two-thirds of 
 all members of each house consenting, provided that such 
 election shall be held in odd numbered years. (Pa. 
 
 VIII 3.) 
 Tuesday after first Monday in November, 1914, and bien- 
 nially thereafter. (Vt. II 35.) 
 Tuesday after first Monday in November, 1916, and every 
 four years thereafter. (La. 109 (1914).) 
 
 Free Passes 
 
 During term of office not to accept, hold or use free pass nor 
 purchase, receive or accept transportation over railroad 
 within state for himself or family on terms not open to 
 general public, and on conviction to forfeit office, be guilty 
 of felony, and punished by fine of not more than $1,000 or 
 by imprisonment in penitentiary not less than one nor 
 more than five years. (X.M. XX 14.) 
 
 How Selected 
 
 Appointed by governor; confirmed by senate. (Fla. V 8; 
 
 Miss. VI 153.) 
 Appointed by legislature upon nomination of governor in 
 
 manner prescribed by law. (Conn. Amend. 26.) 
 Appointed by governor until next general election in new 
 district if court is created more than six months before a 
 general election for general trial court judges. (Ala. VI 
 
 159.) 
 Elected by legislature on joint vote of both houses. (S.C. V 
 
 13; Va. VI 96.) 
 
 Elected by legislature on joint vote of both houses; presiding 
 
 officer of senate to preside and have casting vote, hut no 
 
 other. (N't. 11 42.) 
 Elected at large on non-partisan ballot. (Ariz. VI 5.) 
 Elected by qualified voters of state at large; legislature may 
 provide for election bv qualified voters of district. (N.( 
 
 IV 21.)
 
 3&2 Statu Constitutions 
 
 COURTS {Cont'd) 
 
 General Trial Courts (Von I'd) 
 Judges (Cont'd) 
 
 How Selected (Cont'd) 
 
 Elected by electors qualified to vote for members of legisla- 
 ture of whole state; additional judges elected or appointed 
 as prescribed by law. (Ca. VI Sec. Ill 2.) 
 Elected in each judicial circuit. (Mich. VII 9.) 
 Elected by qualified voters of county. (Ariz. VI 5; Ohio IV 
 
 3; Wash. IV 5.) 
 Elected by qualified voters of county, or city and county. 
 
 ' (Cal. VI 6.) 
 Elected by qualified voters of district. (Ala. VI 152; Ark. 
 VII 13." 17; Colo. VI 12; Ida. V 11; Ind. VII 9; Iowa V 
 5; Kan. Ill 5; Ky. 120; La. (1914) 109; Minn. VI 4; 
 Mo. VI 25; Nebr. VI 10; Nev. VI 5; N.M. VI 12; N.Y. 
 VI 1; Okla. YU 9; S.D. V 15; Tenn. V 7; Tex. V 7; 
 Utah VIII 5; YY.Ya. VIII 10; Wis. VII 7; Wyo. V 19.) 
 Elected by electors of districts. If more than one judge in 
 
 district, severally by general ticket. (111. VI 13, 15.) 
 Circuit courts to be field by one or more of judges of inter- 
 mediate court of appeal, or a judge appointed for that 
 purpose. (X.J. VI Sec. V 2.) 
 The five state judges shall designate those of their number 
 who shall hold said court; no more than three of them 
 shall sit together. (Del. IV 1.) 
 In case court of common pleas heretofore established is abol- 
 ished, legislature may constitute judge one of judges of 
 general trial court of district wherein common pleas was 
 established, for a period not exceeding unexpired term for 
 which he was elected. (Minn. VI 4.) 
 Time of election, See above, this subdivision, Judges — Elec- 
 tion. Time of. 
 Impeachment, See Impeachment. 
 Non-Judicial Duties 
 
 Not to perform any to which may belong any emoluments. 
 
 * (111. VI 16.) 
 Not to be imposed except as provided in constitution. (La. 
 
 96.) 
 
 Number 
 
 One for each district. (Ala. VI 142; Ark. VII 13; Ida. V 
 11; Ind. VII 8; Nebr. VI 10; N.C. IV 10; S.C. V 13; 
 Tex. V 7; Va. VI 90; Wyo. V 19.) 
 At least one for each county. (Wash. IV 5.) 
 One or more for each district as may be prescribed by legis- 
 lature. (Minn. VI 4.) 
 One for each district; legislature may increase. (N.D. IV 
 
 104. 106.) 
 One for each district: may lie increased in any district by 
 legislature. (Mich. VII 8.)
 
 Index Digest 3 l ! 
 
 COURTS [Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judges {Cont'd) 
 
 A umbt r i Cont'd) 
 
 One for each district; may be increased in anj districl bj 
 legislature; special organization for particular counties 
 [as to irliidi. Se§ below, this m/< . General Trial Coi bts 
 for Civil Cases Only),, (Pa. \" 5, 6.) 
 One for each district; may be increased in any district bj 
 two-thirds vote of members of each house. (S.I). V 1.1, 
 
 17.) 
 
 One for each district; may lie increased or decreased by 
 
 legislature; provided at least one judge for each district. 
 
 (Mont. VIII 1 1. 
 One for each district; may be increased or diminished in 
 any district, provided at least one for district. (Ga. VI 
 
 Sec. Ill 1.) 
 One for -each district; number may be increased or dimin- 
 ished by legislature at any regular session, but change not 
 to have effect of removing judge from office. (Iowa V 5, 
 
 10.) 
 One for each district; legislature may increase or diminish, 
 but change not to affect removal of judge from office dur- 
 ing term for which elected or appointed; total number of 
 judges in all districts not to exceed four until taxable 
 value of property in state over sUmi.i .000. (Wyo. V 19, 
 
 21.) 
 
 One or more for each district; may be increased or dimin- 
 ished in any district by two-thirds vote of members of 
 each house. (Colo. VI 12. 14.) 
 
 One judge elected from each district unless legislature 
 divides state into districts of greater population and 
 territory, then limit is four judges; special provision for 
 Cook county. (111. VI 13, 15, 23.) 
 
 One for each county of more than 30,000 by census enumera- 
 tion; one judge for every additional 30.000 or a majority 
 fraction thereof. (Ariz. VI 5.) 
 
 One for each district in counties having a city of 20,000 
 inhabitants and a population including city of 10,000, con- 
 stituting a separate district, legislature may provide an 
 additional judge when population reaches 75,000 and judge 
 for each additional 50,000 population above 100,000. 
 County having population of 150,000 or over to be 
 entitled to four judges. Legislature may authorize addi- 
 tional judges not to exceed one for each increase of 40,000, 
 to be ascertained by last enumeration. (Ky. 137. L'is.i 
 
 One for each district except first; two for first. (W.Va. 
 
 VIII in.) 
 
 One for each district except thirteenth; two for thirteenth. 
 
 (Okla. VII 9.)
 
 ;J44 State Constitutions 
 
 COURTS (Cont'd) 
 
 Genebal Trial Courts (Cont'd) 
 Judges (Cont'd) 
 
 Number (Cont'd) 
 
 One for each district except first; three in first district. 
 
 (Xev. VI 5.) 
 One for each district; where district composed of one county 
 legislature may increase to five; St. Louis county to have 
 five and such additional number as may be prescribed by 
 legislature. (Mo. VI 24, 27, 28.) 
 One or two judges as specifically designated for each county; 
 San Francisco, 12; legislature may by two-thirds vote 
 of members of each house increase or decrease number, but 
 reduction not to affect judge who has been elected. (Cal. 
 
 VI 6,9.) 
 
 One for each district, except those specified as having two 
 
 and those specified as having three; legislature not to 
 
 increase number in any district. (La. 109 (1914). 110.) 
 
 One to three for each district as may be jirescribed by law. 
 
 (Utah VIII 5, 6.) 
 Three for each district except fourth; four in fourth district. 
 
 (Md. IV 81.) 
 Eight, one judge assigned to each district. (Fla. V 8.) 
 One resident judge and such additional judges as may be 
 provided in each county. Laws may increase beyond one 
 or diminish to one number of judges whenever two-thirds 
 of members elected to each house concur ; but no change 
 addition or diminution shall vacate office of any judge. 
 
 (Ohio IV 3, 15.) 
 Judges now in office, judges transferred from trial courts 
 abolished by article VI, section 5 of constitution, and 
 12 additional judges; legislature may from time to time 
 increase number of judges in any judicial district except 
 that in first and second districts, or in any of districts 
 into which second district may be divided, number not 
 to be increased to exceed one judge for each 80,000 or 
 fraction over 40,000 of population as shown by last state 
 or federal census or enumeration, and in any other 
 district not to be increased to exceed one judge for each 
 60.000 or fraction over 35,000 of population as shown by 
 last state or federal census or enumeration. Legislature 
 may provide for election of additional judges in new dis- 
 trict, if created out of second district, not exceeding limit 
 herein provided. (N.Y. VI 1.) 
 Ad litem appointees, 8ee above, this subdivision, JUDGES — 
 
 Ad Litem Appotxtees. 
 Oath of Office 
 
 Take and subscribe; substance set forth; oath filed with 
 
 secretary of state. (Ariz. VI 21; Wash. IV 28.) 
 Filed with secretary of state. (Colo. XII 9.) 

 
 Index Digest :i \:> 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judges (Cont'd) 
 
 Power of Appointment 
 
 None except to appoint court clerk in case of vacancy. 
 
 (Mich. VII 2.1 
 Power to Act in Other Districts 
 
 May act in other districts as prescribed by law. (Ark. VII 
 22; Ga. VI Sec. Ill 1; Miss. VI 15S; N.D. IV 116; S.D. 
 
 V 29.) 
 May act in other districts at request of judge of other dis- 
 trict. (Ariz. VI 7; Cal. VI 8; Ida. V 12; Mo. VI 29; 
 N.M. VI 15; Utah VIII 5; Wash. IV 7.) 
 
 May hold court for each other. (Ala. VI 144; Colo. VI 12; 
 
 Mont. VIII 12; Kebr. VI 12; Ohio IV 3; W.Va. VIII 11; 
 
 Wis. VII 11; Wyo. V 11.) 
 May exchange districts or hold courts for each other when- 
 ever deemed by them expedient. (Tex. V 11.) 
 If vacancy occurs in office of judge of any circuit, his term 
 
 of court or any unexpired portion thereof, may be held 
 
 by judge of any other circuit. (Mo. VI 29.) 
 If judge of district is sick, his term of court, or part 
 
 thereof unfinished, may be held by a judge of any other 
 
 circuit. (Mo. VI 29.) 
 If judge of any circuit be absent or from any other cause 
 
 unable to hold term or part of term of court, a judge of 
 
 any other circuit may hold same. (Mo. VI 29.) 
 Until legislature makes provision therefor, chief justice of 
 
 highest court may assign any judge to any county to 
 
 hold court therein. (Ohio IV 3.) 
 Legislature may provide, by law, that judges of one circuit 
 
 may hold court of another circuit, in cases of necessity 
 
 or convenience. (Ind. VII 10.) 
 Judge of one circuit may be required or authorized to hold 
 
 court in any other. (Va. VI 97.) 
 Legislature to provide by law for interchange of judges and 
 
 for trial of recused cases by interchange of judges or 
 
 otherwise. (La. 112.) 
 If for illness or other cause judge elected in any district be 
 
 unable to preside therein, chief justice may designate 
 
 another to hold any term of court in his place. (Okla. 
 
 VII 9.) 
 Judges of circuit courts shall interchange circuits witli 
 
 each other and legislature shall provide therefor. (S.C. 
 
 V 14.) 
 When business requires, chief justice may appoint any dis- 
 trict judge to hold court in any district and two or more 
 may sit in any district separately. (Okla. VII 9.) 
 
 Obliged to act when directed by chief justice of highest 
 
 court. (Okla. VII 9. i
 
 346 State Constitutions 
 
 COURTS {Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judges (Cont'd) 
 
 Power to Act in Other Districts (Cont'd) 
 
 Obliged to act when required. (Wyo. A' 11.) 
 Obliged to act when required by governor. (Ida. V 12.) 
 In case of disqualification or inability of judge, judge of 
 another county shall serve upon request of governor. 
 
 (Ariz. VI 7.) 
 In case of protracted illness of judge or of other unavoida- 
 ble accident by reason of which he is unable to preside, 
 governor may require judge to hold one or more specified 
 terms in district. (X.C. IV 11.) 
 If judge prevented by disability or other cause from holding 
 court, or in case of vacancy, on certificate of clerk under 
 seal to highest court, or any judge thereof, if. in judg- 
 ment of court or any judge, public interest so requires, 
 court or judge to appoint judge of another district to 
 hold court and discharge duties of disabled judge; such 1 
 appointment filed in clerk's office and entered on min- 
 utes of general trial court, and certified copy under seal 
 of court transmitted by clerk to judge so appointed. 
 
 (La. 112.) 
 Obliged to act when required by law. (Ala. VI 144; Mich. 
 VII S: Mont. VIII 12; Xebr. VI 12.) 
 
 Power to Hold Preliminary Examinations, See below, this title, 
 
 Trials — Preliminary Examinations. 
 Prohibited from Sitting 
 
 Until legislature makes provision therefor chief justice of 
 highest court to pass upon disqualification or disability 
 of any judge. (Ohio IV 3.) 
 No more than three of the five stated judges designated to 
 hold court shall sit together. (Del. IV 1.) 
 
 Prohibitions on Practice of Lair 
 
 Shall not act as attorney or counsellor. (Colo. VI 18: 
 
 Xebr. VI 14; X.D. IV 117: S.D. V 31; Wyo. V 26.) 
 Shall not practice law 7 in any court of state. (Kan. Ill 13; 
 
 Mo. VIII 31.) 
 Shall not practice law in any court in state, or act as ref- 
 eree. (X.Y. VI 20.) 
 Shall not practice law in any court, state or federal, in 
 
 state. (Ark. VII 25.) 
 Shall not practice law within or without state. ( Va. "N'T 
 
 105.) 
 Qualifications — In (lateral 
 
 Shall possess same qualifications as judges of highest court 
 (live years practicing law. or on bench somewhere in 
 
 United States). (Va. VI 96.) 
 

 
 Im»k\ I )|(,KST 3 I l 
 
 COURTS {Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judges (Cont'd) 
 
 Qualifications — In tren&rat (Cont'd) 
 
 Shall possess same <pialitications a> jttdges' of highest court 
 
 (30 years of age. United States citizenship, citizen of state 
 
 for five years, learned in the law). (Mo. VI 13.) 
 
 Shall possess same qualifications as judge's of highest court 
 
 (30 years practicing law. and resided in state three years). 
 
 IN.M. VI 13.) 
 Qualifications — Age 
 
 At least 25 years. (Ariz. VI 13; ill. VI 17; Mont. VIII 
 16; N.D. IV 107; Okla. VII 9; S.D. V 25; Utah VIII 5; 
 
 Wis. VI r 10.) 
 At least 26 years. (Miss. VI 154; S.C. V 10.) 
 At least 28 years. (Ark. VII 16.) 
 At least 30 years. (Colo. VI 16; Ga. VI Sec. XIV 1; 
 
 Ida. V 23; Mo. VI 26; Tenn. VI 4.) 
 At least 35 years. (Ky. 130.) 
 At least 38 years. (Wyo. V 12.) 
 Qualifications — Attorney 
 
 Admitted to practice. (Utah VIII 5.) 
 Admitted to practice in state. (X.Y. VI 20.) 
 Admitted to practice in courts of record of state. ( Wash. 
 
 IV 17.) 
 Admitted to practice in highest court of state. (Cal. VI 
 
 23; Mont. VIII 16.) 
 Admitted to practice in highest court of state for at least 
 
 two years. (Ariz. VI 13.) 
 
 Admitted to practice, or whose services as judge, when added 
 
 to the time he may have practiced, amounts to at least 
 
 four years. (Tex. V 7.1 
 Admitted to practice, or whose services as judge of any 
 court of record, when added to time he ma\ have prac- 
 ticed, amounts to at least four years. (Okla. VII 9 1 . ) 
 Admitted to practice five years. (Miss. VI 154: S.C. V 10.) 
 Admitted to practice in state five years. (La. 109 (1914).) 
 Admitted to practice, or whose services as judge of any court 
 of record, when added to time he may have practiced, 
 amounts to at least six years. (Ark. VII 16.) 
 Admitted to practice seven years. (C>;\. V] Sec. X I V I.) 
 Admitted to practice eighl years! ( Ky. 130.) 
 Qualifications — Character 
 
 Mural character good. (Ark. VII ]0.'i 
 Qualifications — Citizenship 
 
 Citizen of United States. (Colo. VI 16; [da. V 23; III. 
 VI 17: Mont. V11T 16; X.l>. I V 107; Okla. VII 9; S.< 
 V 10: S.D. V 25; Tex. V 7: Wis. VII 10; Wyo. V I 
 Citizen of United States for live years. I Mo. VI 26.) 
 Citizen of state. (Ky. 130; S.C. V 10.)
 
 348 State Constitutions 
 
 COURTS [Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judges (Cont'd) 
 
 Qualifications — Citizenship (Cont'd) 
 
 Citizen of state for three years. (Ga. VI Sec. XIV 1.) 
 Citizen of state for five years. (Miss. VI 154.) 
 Qualifications — Education 
 
 Must be learned in the law. (Ariz. VI 13; Ark. VII 16; 
 Colo. VI 16; Ida. V 23; La. 109 (1914); Minn. VI 6; 
 X.D. IV 107; S.D. V 25; Utah VIII 5; Wyo. V 12.) 
 Qualifications — Elector 
 
 A qualified elector. (Ida. V 23.) 
 
 A qualified elector of district. (Colo. VI 16; X.D. IV 
 
 107; S.C. V 13; Wis. VII 10.) 
 A qualified elector of state for three years. (Mo. VI 26.) 
 Qualifications — Residence 
 
 Need not be in district. (Mont. VIII 16.) 
 Resided in district. (Minn. VI 4: Mo. VI 26.) 
 Resided in district one year next preceding election. (Ala. 
 
 VI 142.) 
 Resided in district two years next preceding election. ( Ky. 
 
 130; La. 109 (1914) ; Tex. V 7.) 
 Resided in state one year next preceding election. (Mont. 
 
 VIII 16.) 
 Resided in state one year next preceding election; resident 
 
 of district for which elected. (S.D. V 25.) 
 Resided in state two years. (Ark. VII 16.) 
 Resided in state two years next preceding election. (Ariz. 
 VI 13; Colo. VI 16;'lda. V 23; X.D. IV 107; Wyo. V 12.) 
 Resided in state two years and district one year. (Okla. 
 
 VII 9.) 
 Resided in state three years next preceding his election; 
 
 resident of district for which elected. (Utah VIII 5.) 
 Resided in state five years next preceding election. ( S.( '. 
 
 V 10.) 
 Resided in state five years and district one year. (Tenn. 
 
 VI 4.) 
 Resided in state five years next preceding election; resident 
 
 of district for which elected. (111. VI 17.) 
 Xo two in any one district at the time of their election or 
 appointment shall reside in same county. Xot to apply to 
 third circuit where there are four judges: if two or more 
 candidates from one county, that one only declared 
 elected who lias highest number of votes in circuit; if 
 two from same circuit have equal number of votes, gov- 
 ernor shall order new election for one associate judge, 
 but Ibe person residing in another county of the circuit 
 who lias the next highest number of votes, shall be de- 
 clared elected. (Md. IV 21.) 
 Residence during term, Sec below, this subdivision. Judges — 
 
 Residence.
 
 Index Digest 349 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judges (Cont'd) 
 Removal 
 
 Impeachment, See Impeachment. 
 
 By governor upon address of legislature. (Ark. XV 3: 
 Conn. Amend. XTI; Ky. 129; Tex. XV S.) 
 
 By legislature. (Cal. VT 10; Kan. Til 15; X.Y. VI 11: 
 
 Wi-. VII 13.) 
 
 By highest court on information in name of state or in 
 other manner prescribed by law. (Ind. XII 12.) 
 
 By highest court on presentment in writing under oath >i 
 not less than 10 lawyers practicing in incumbent's court 
 and licensed to practice in highest court, founded on their 
 knowledge or on written oaths of credible witnesses. 
 Highest court to issue all needful process and make 
 rules. Such causes to have precedence and be tried as 
 soon as practicable. (Tex. XV 6.) 
 
 For any of causes specified in constitution, may be removed 
 from office by judgment of highest court: suit may be in- 
 stituted by attorney-general or district attorney when he 
 thinks it should be instituted, or when directed to do so 
 by governor or on written request and information of 
 25 citizens and taxpayers resident within the district 
 over which judge presides; suits tried after citation 
 and 10 days' delay for answering in preference to all. 
 other suits, pendency of such suit not to operate as 
 suspension of office; where officer acquitted judgment ren- 
 
 ■ dered in solido against citizens signing request; judg- 
 ment, in case of removal, shall extend not only to re- 
 moval from office and disqualification from holding any 
 office of honor, trust or profit under state, but also to dis- 
 qualification for practice of law, and the party whether 
 convicted or not, shall nevertheless be liable to prosecu- 
 tion and punishment according to law. (La. 221.) 
 
 Vote required, two-thirds of each house. (Ark. XV ."> : Cab 
 VI 10; Conn. Amend. XII: Ky. 129; Tex. XV S.) 
 
 Vote required, two-thirds of members elected to each house. 
 (Kan. Ill 1.5; X.Y. VI 11: Wis. VII 13.) 
 
 Yeas and nays to be entered on journals. (Cal. VI 10: X.Y. 
 VI 11; Tex. XV S; Wis. VII 13.) 
 
 For good cause. (Ark. XV 3.) 
 
 For conviction of corruption or other high crime. i Ind. 
 
 \l! 12.) 
 
 For willful neglect of duty, incompetency, habitual drunken- 
 ness, oppression in office or other reasonable can-' which 
 shall not be sufficient grounds for impeachment (if re- 
 moved by governor on address of legislature). (lex. 
 
 XV 8.)
 
 350 State Constitutions 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Von I'd) 
 Judges (Cont'd) 
 
 Removal (Cont'd) 
 
 For incompetency for duties; partiality, oppression, official 
 misconduct : habits and conduct such as to render him 
 unfit to hold office; negligent in discharge of duties; 
 failure to execute in a reasonable measure the business 
 of his courts. (If removed by highest court on present- 
 ment of bar.) (Tex. XV 6.) 
 For acceptance of free passes, etc.. See above, tliis subdi- 
 vision, Judges — Free Passes, etc. 
 Causes entered at length on journals. (Tex. XV 8.) 
 Causes entered on journals. (Cal. VI 10; Kan. Ill 15; 
 
 N.Y. VI 11.) 
 Incumbent to be served with copy of complaint. (Cal. VI 
 
 10; X.Y. VI 11; Wis. VII 13.) 
 Incumbent to have opportunity to be heard. (Cal. VI 10: 
 X.Y. VI 11; Tex. XV S; Wis. VII 13.) 
 Residence 
 
 In district. (Ala. VI 142; Ark. VII 13; Colo. VI 29; Fla. 
 
 V 8; Ida. V 12; 111. VI 32; Ind. VII 0: Kan. Ill 11; 
 Minn. VI 4; Mo. VT 25; Mont. VIII 10; Xebr. VI 20; 
 X.M. VI 14; X.C. IV 11: Ohio IV 12; Okla. VII 9: S.C. 
 
 V 13; S.D. V 37: Tex. V 7: Va. VI 90; W.Va. VIII 10.) 
 Removal from district vacates office. (Ky. 129.) 
 
 As qualification for office. See above, this subdivision, 
 
 Judges — Qualifications. 
 Retirement on Account of Age 
 
 On reaching 70. (Conn. Amend. XII.) 
 Term of Office 
 
 As prescribed by legislature. (Wis. VII 7.) 
 Two years. (Vt. II 43.) 
 
 Four' years. (Ark. VII 17; Ida. V 11; La. 109 (1914); 
 Miss. VI 153: Xev. VI 5; X.Y. VI 4; Okla. VII 9: S.C. 
 
 V 13; S.D. V 15; Tex. V 7; Utah VIII 5.) 
 
 Four years, and until successors are qualified. (Ga. VI 
 Sec. Ill 1; Til. VI 32; Xebr. VI 20; X.D. IV 104.) 
 
 Four years, and until successors are elected and qualified. 
 (Ariz. VI 5; Iowa V 5: Mont. VIII 12; Wash. IV 5.) 
 
 Six years. (Cal. VT 0: Colo. VI 12; 111. VI 12. 14: Ind. 
 VII 9; Minn. VI 4; Mo. VT 25; Ohio IV 12, XVII 2.) 
 
 Six years, and until successors are qualified. (Wyo. V 19.) 
 
 Six years, and until their successors are (deeded and quali- 
 fied. (Ky. 129; Mich, VI 1 9.) 
 
 Six years, and until their successors are elected or ap- 
 pointed and qualified. (Ala. VI 155.) 
 
 Eight years. (Tenn. VI 4: Va. VT 90: W.Va. VIII 10.) 
 
 May be extended by law, but such extension not to affect 
 term for which any judge elected. (Utah VIII 24.)
 
 I mikx Digest 351 
 
 COURTS (ConVd) 
 
 General Trim, Courts (Cont'd) 
 Judges (Cont'd) 
 
 Term of Office (Cont'd) 
 
 Ends at different times for different members of court ; 
 specific provisions producing this result. (Cal. VI 6; 
 
 Tex. V 6; Va. \ I 96.) 
 Ends on same day throughout state. (Colo. \*I L5; S.D. V 
 
 26. ) 
 Ends when circuit abolished. (Mo. VI 24.) 
 Begins first day of* January next succeeding election. Ga. 
 
 VI Sec. Ill 3; Iowa V 11; X.Y. VI 4.) 
 Begins first Monday in January next succeeding election. 
 (Ariz. VI 5.; Ky. 129; Xev. VI 5; N.I). [V 104; Wyo. 
 
 V 19.) 
 Begins second Monday in January next succeeding election. 
 
 (Wash. IV 5.) 
 Begins first Thursday after first Tuesday in January nexl 
 
 succeeding election. (Nebr. XVI 14.) 
 Where more than one judge in district, term of such addi- 
 tional judge, or judges, to begin as prescribed by legis- 
 lature. (<Ja. \T Sec. Ill I.) 
 Vacancies 
 
 Filled by appointment by governor until next general elec- 
 tion. ' (S.D. V 15, 37.) 
 Filled by appointment by governor until successor shall be 
 elected and qualified in manner prescribed by law. (Ida. 
 
 IV 6; 11 all VII 10.1 
 
 Filled by appointment by governor until successor shall be 
 
 elected and qualified; successor elected for unexpired 
 
 term. (Mont. VII] 34.) 
 
 Filled by appointment by governor until successor shall be 
 
 elected and qualified: successor elected at first general 
 
 election, for unexpired term. (Ariz. VI 6; Cal. \I 6; 
 
 Colo. VI 29: Xev. XVII 22; X.M. XX 4: Wash. IV 5; 
 
 Wis. VII 9.) 
 To be filled by appointment of governor, unless otherwise 
 provided for; appointees to hold places until next regular 
 election for members of legislature. If person elected or 
 appointed to any office 11. 'gleet to qualify, such office shall 
 be appointed to, held and filled, as provided in case of 
 
 vacancies. (N.C. IV in. 25.) 
 Filled by appointment by governor until successor shall be 
 elected and qualified: successor elected at first general 
 election occurring more than 30 days after vacancy, for 
 unexpired term. (Ga'. VI Sec. TIT 3; Xebr. VI 21.) 
 To be filled by special election unless occurring nine months 
 before next' general election when tilled by appointment by 
 (Ark. VII 13, 50.;
 
 352 State Constitutions 
 
 COURTS [Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judges {Cont'd) 
 
 \ acancies (Cont'd) 
 
 Filled by election but if unexpired term does not exceed one 
 
 year by appointment by governor. (111. VI 15, 32.) 
 Filled by appointment by governor until successor shall be 
 elected and qualified: successor elected for unexpired 
 term ; if unexpired term less than two years vacancy 
 filled by appointment by governor. (W.Ya. VIII 10.) 
 Filled by appointment by governor with advice and consent 
 of senate; if vacancy occurs in recess of senate governor 
 appoints successor to hold office until session of senate. 
 When temporary appointment of judge has been made dur- 
 ing recess of senate, governor no power to remove the 
 person or appointee nor power to withhold his name 
 from senate for their action. (Miss. VI 177.) 
 Filled by appointment by governor with advice and consent 
 of senate where unexpired portion of term is less than 
 one year: where unexpired portion of term is one year or 
 more, vacancy filled by special election to be called by 
 governor and held within 60 days of vacancy under 
 general election laws of state. (La. 109 (1914).) 
 Filled by appointment by governor with consent of senate, 
 if senate not in session filled by governor: until last day 
 of December next after election of successor ; successor 
 elected at first general election occurring not less than 
 three months after vacancy, for full term. (X.Y. VI 4.) 
 Ad litem appointees, See above, this subdivision, Judges — 
 
 Ad Litem Appointees. 
 Judges acting in case of, See above, this subdivision, Judges 
 — Power to Act in Other Districts. 
 Writs 
 
 See also below, this subdivision, Writs. 
 
 Certiorari, power to issue and to hear and determine. (Mont. 
 
 VIII 11; X.D. IV 10>3.) 
 Certiorari, jurisdiction and power to issue with authority 
 
 to hear and determine same. (S.D. V 14.) 
 Certiorari, power to issue. (Ariz. VI 6: Cal. VI 5; Nev. 
 VI 6; Okla. VII 10; Tex. V S; Utah VIII 7; Wash. IV 
 
 6; Wyo. V 10.1 
 Certiorari, power to issue same at chambers as in open 
 
 court. (S.C. V 25.) 
 Habeas corpus, power to issue and to hear and determine. 
 
 (N.D. IV 103.) 
 Habeas corpus, power to issue and to hear and determine on 
 petition by or on behalf of, any person held in actual cus- 
 tody in their respective districts. May be issued and 
 served on legal holidays and non-judicial days. (Mont. 
 
 VIII 11.)
 
 Iadex Digest 353 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judges (Cont'd) 
 Writs (Cont'd) 
 
 Habeas corpus, jurisdiction and power to issue with author- 
 ity to hear and determine same. (S.D. V 14.) 
 
 Habeas corpus, power to issue. (Mont. Y1JI 11; (Jkla. VII 
 10; Tex. V 8; Utah V11I 7.) 
 
 Habeas corpus, power- to issue, on petition by or on behalf 
 of any person in actual custody in their respective coun- 
 ties. May be issued and served on legal holidays and 
 non-judicial days. (Wash. IV 6.) 
 
 Habeas corpus, power to issue on petition by or in behalf 
 of, any person held in actual custody in their respective 
 districts. (Nev. VI 6.) 
 
 Habeas corpus, power to issue on petition by or in behalf 
 of any person in actual custody in their respective dis- 
 tricts. (Wyo. V 10.) 
 
 Habeas corpus, power to issue on petition by or in behalf of 
 any person in actual custody in their respective counties. 
 
 (Ariz. VI 6; Cal. VI 5; La. 115.) 
 
 Habeas corpus, power to issue if not directed to judges or 
 courts of equal or superior jurisdiction. (N.M. VI 13.) 
 
 Habeas corpus, power to issue within their respective coun- 
 ties, to justices of peace and other inferior courts not of 
 record, and to cause their proceedings to be brought be- 
 fore them, and right and justice to be done. (Pa. V 10.) 
 
 Habeas corpus, power to issue same at chambers as in open 
 
 court. (S.C. V 25.) 
 
 Injunctions, power to issue and to hear and determine. 
 (Mont. VIII 11; N.D. IV 103., 
 
 Injunction, jurisdiction and power to issue with authority 
 to hear and determine same. (S.D. V 14.) 
 
 Injunctions, power to issue. (Nev. VI 6; Okla. VII 10; 
 Tex. V 8; Utah VIII 7; Wyo. V 10.) 
 
 Injunction, power to issue if not directed to judges or 
 courts of equal or superior jurisdiction. (N.M. VI 13.) 
 
 Injunction, power to issue returnable to court of chancery 
 or courts having jurisdiction of courts of chancery. (Ala. 
 
 VI 144.) 
 
 Interlocutory writs or orders of injunction, power to issue 
 
 . same at chambers as in open court. ( S.C. V 25. ) 
 
 Mandamus, power to issue and to hear and determine. 
 
 (Mont. VIII 11.) 
 
 Mandamus, jurisdiction and power to issue with authority 
 to hear and determine same. (S.D. V 14.) 
 
 Mandamus, power to issue. (Ariz. VI 6; Cal. VI 5; Ga. 
 VI Sec. IV 5; Nev. VI 6; Okla. VII 10; Tex. V 8; Utah 
 VIII 7: Wash. IV 6; Wyo. V 10.) 
 
 12
 
 ; j.">4 State Constitutions 
 
 COURTS [Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judges (Cont'd) 
 
 Writs (Cont'd) 
 
 Mandamus, power to issue same at chambers as in open 
 
 court. (S.C. V 25.) 
 
 Mandamus, power to issue if not directed to judges or 
 
 courts of ecpial or superior jurisdiction. (N.M. VI 13.) 
 
 Prohibition, power to issue and to hear and determine. 
 
 (Mont. VIII 11.) 
 
 Prohibition, power to issue. (Ariz. VI 6; Cal. VI 5; Ga. 
 
 VI Sec. IV 5; Okla. VII 10; Utah VIII 7; Wash. IV 6; 
 
 Wyo. V 10.) 
 
 Prohibition, power to issue if not directed to judges or 
 
 courts of ecpaal or superior jurisdiction. (N.M. VI 13.) 
 
 Prohibition, power to issue same at chambers as in open 
 
 court. (S.C. V 25.) 
 Quo warranto, power to issue and to hear and determine. 
 
 (Mont. VIII 11; N.D. IV 103.) 
 Quo warranto, jurisdiction and power to issue with author- 
 ity to hear and determine same. (S.D. V 14.) 
 Quo warranto, power to issue. (Ariz. VI 6; Cal. VI 5; 
 
 Okla. VII 10; Utah VIII 7; Wash. IV 6; Wyo. V 10.) 
 Quo warranto, power to issue if not directed to judges or 
 courts of equal or superior jurisdiction. (N.M. VI 13.) 
 Quo warranto, power to issue same at chambers as in open 
 
 court. (S.C. V 25.) 
 Review, power to issue. (Ariz. VI 6; Wash. IV 6; Wyo. V 
 
 10. ) 
 Scire facias, power to issue. (Ga. VI Sec. IV 5.) 
 In vacation any judge of appropriate court may issue all 
 necessary writs to carry into effect the general and spe- 
 cific powers of their courts. (Ark. VII 14.) 
 Power to issue all other that may be necessary for carry- 
 ing their powers fully into effect. (Ga. VI Sec. IV 5.) 
 Power to issue and to hear and determine other original 
 and remedial writs. (Mont. VIII 11; N.D. IV 103.) 
 Power to issue all other writs proper and necessary to 
 
 complete exercise of their jurisdiction. (Nev. VI 6.) 
 Power to issue all other writs, remedial or otherwise, in 
 exercise of their jurisdiction if not directed to judges or 
 courts of equal or superior jurisdiction. (N.M. VI 13.) 
 Power to issue all other writs, remedial or otherwise, nec- 
 essary or proper to carry into effect their orders, judg- 
 ments or decrees. (Okla. VII 10.) 
 Jurisdiction and power to issue other original and remedial 
 writs with authority to hear and determine same. ( S.D. 
 
 V 14.) 
 Power to issue all writs necessary to exercise their jurisdic- 
 tion. (Tex. V 8.)
 
 Index 1 )k; ks r 355 
 
 COURTS (Cont'd) 
 
 General Trial Courts (('on I'd) 
 Judges (Cont'd) 
 
 Writs (Cont'd) 
 
 i'ower to L$sue oilier writs ueeessarj tQ carry into effect 
 their orders, judgments and decrees and to give them gen- 
 eral control over inferior courts and tribunals within 
 their respective jurisdictions. ( L'tuli VI II 7.) 
 Judgments 
 
 See also above, this subdivision, Decisions: 
 
 On appeal from final judgments from justices' courts to be final 
 except in cases involving validity or constitutionality of a 
 
 'statute. (Utah VIII 9.) 
 Any final judgment may be docketed in intermediate court of 
 appeal and shall operate as a judgment obtained in the inter- 
 mediate court of appeal from time of such docketing. (N. J. 
 
 VI Sec. V 2.) 
 Until otherwise provided by law, judgment to be signed after 
 three days from rendition thereof and become executory 10 
 days from such signing. (La. 117.) 
 
 Judicial Districts 
 
 To be divided into convenient; county having a population of 
 20,000 or more fey preceding federal census and taxable prop- 
 erty according to next preceding assessment of property for 
 state and county taxation of $3,f)00,000 or more, need not be 
 included in any district but if its taxable property or popula- 
 tion shall be reduced below these figures the legislature shall 
 include such county in a judicial district embracing more than 
 one county; no district shall contain less than three counties 
 unless there he enihraced therein a county having a popula- 
 tion of 20,000 or more and taxable property of $3*500,000 or 
 
 more in value. (Ala. VI 142, 147.) 
 
 Each organized county to constitute. (Ariz. VI 5.) 
 
 Formed of contiguous counties. Boundaries of districts specifi- 
 cally given in constitution until otherwise arranged by legis- 
 lature. (Ark. VII 13, XVIII.) 
 
 Each organized county or city and county to constitute. (Cal. 
 
 VI 0.) 
 
 State divided into judicial districts formed of compact territory; 
 bounded by county lines. Boundaries specifically given in con- 
 stitution until otherwise arranged hy legislature. Four dis- 
 tricts provided, but legislature may increase or diminish. 
 Exercise of power to change districts not to effect removal of 
 
 any judge. (Colo. VI 12. 13, 14.) 
 
 Boundaries specifically designated in constitution until otherwise 
 arranged by legislature. Eight districts provide. 1 hut legis- 
 lature may create and establish new ones. ( 1'la. V 8, 10.) 
 
 Sixteen districts. Legislature to organize and proportion same 
 in manner to equalize business and lahor of judges in several
 
 35b' State Constitutions 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judicial Districts (Cont'd) 
 
 districts as far as may be practicable. Legislature shall have 
 power to reorganize, increase or diminish number provided that 
 districts shall remain as now organized until changed by law. 
 
 (Ga. Ord. (Code Sec. 6616).) 
 
 Five, until otherwise provided by law. Specifically designated in 
 constitution until otherwise arranged by legislature. (Ida. 
 
 V 11, 24.) 
 
 State, exclusive of Cook county (as to which, See below, this 
 subdivision, Special Organization for Cook County), and 
 other counties with population of 100,000, shall be divided into 
 districts, to be formed of contiguous counties, in as nearly 
 compact form and as nearly equal as circumstances will per- 
 mit, having due regard to business, territory and population, 
 and shall not exceed one for each 100,000 of population. Xew 
 districts may be formed and boundaries changed by legislature 
 only at session next preceding election for judges; provided 
 that districts may be equalized or changed at first session after 
 adoption of constitution. Creation, alteration or change of 
 any district not to affect tenure of office of any judge. When- 
 ever business of district court of any one or of two or more 
 contiguous counties containing population exceeding 50,000, 
 shall occupy nine months of year, legislature may make of such 
 counties a separate district. Foregoing limitations to be ob- 
 served in creation of additional districts. Legislature may 
 divide state into districts of greater population and territory. 
 
 (111. VI 13, 15.*) 
 
 State to be divided into judicial districts from time to time. 
 
 (Ind. VII 9.) 
 
 Legislature may prescribe number. County of Mills to be in sixth 
 judicial district. Exercise of power to change number not 
 to effect removal of any judge. (Iowa V 10, XI 1.) 
 
 Boundaries specifically given in constitution until otherwise 
 arranged by legislature. To be formed of compact territory; 
 bounded by county lines. New and unorganized counties to 
 be attached for judicial purpose to most convenient judicial 
 district. Five districts, but legislature may increase number 
 by two-thirds vote of members of each house. Exercise of 
 power to change number not to effect removal of any judge. 
 
 (Kan. Ill 5, 14, 18, 19.) 
 
 Legislature to divide state, having due regard to territory, busi- 
 ness and population, into sufficient number to carry constitu- 
 tional provisions into effect. No countj' shall be divided. 
 Legislature may, when deemed necessary, establish additional 
 districts, whole number of districts, excluding those in coun- 
 ties having a population of 150,000, not to exceed one district 
 for each 60,000 of population of entire state. Districts not to
 
 Index Digest 35? 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judicial Districts (Cont'd) 
 
 be changed except at first session after an enumeration, unless 
 upon establishment of new district. Kaeh county having a 
 population of 150,000 or over shall constitute a district. Each 
 county having a city of 20,000 inhabitants and a population 
 including said city of 40,000 or more, may constitute a dis- 
 trict. (Ky. 128, 132, 134, 137.1 
 
 Boundaries* specifically designated in constitution until other- 
 wise arranged by legislature. State to be divided into not 
 less than 20 nor more than 32, parish of Orleans excepted. 
 
 (La. 107, 108.) 
 
 Boundaries specifically given in constitution. To be eight dis- 
 tricts. (Md. IV 19.) 
 
 Legislature may arrange various circuits into judicial districts 
 and provide for creation, alteration or discontinuance of cir- 
 cuits and districts. Exercise of power to change districts 
 not to effect removal of any judge. (Mich. VII 8.) 
 
 State to be divided by legislature into districts, composed of con- 
 tiguous territory, bounded by county lines and containing popu- 
 lation as nearly equal as practicable. Legislature may at any 
 time change number of districts or boundaries, but no change 
 shall vacate office of any judge. (Minn. VI 4, 12.) 
 
 State to be divided into convenient districts. (Miss. VI 152.) 
 
 Except as otherwise provided in constitution, divided into con- 
 venient districts of contiguous counties; such circuits may be 
 changed, enlarged, diminished or abolished from time to time 
 as public convenience may require. County and city of St. 
 Louis to constitute eighth. (Mo. VI 24, IX 24.) 
 
 Boundaries designated in constitution until otherwise arranged 
 by legislature. Legislature may divide state or any part into 
 new districts, formed of compact territory, bounded by county 
 lines. No change to effect any judge in office. (Mont. VIII 12, 
 
 13, 14.) 
 
 Six districts designated in constitution. Legislature by two- 
 thirds vote of members elected to each house, may, after 1880 
 and not oftener than once in every four years, increase mimber 
 of districts. To be formed of compact territory; bounded by 
 county lines. Exercise of power to change number, not to 
 effect removal of any judge. (Nebr. VI 10, 11.) 
 
 Boundaries designated in constitution may be altered, increased 
 or diminished by legislature. Exercise of power to change not 
 to effect removal of any judge. (Xev. VI 5.) 
 
 Eight districts designated; legislature may increase and rear- 
 range in year 1920 after publication of United States census 
 and at first session after each census thereafter. On creation 
 of new counties, legislature shall have power to attach them 
 to any contiguous districts. (X.M. VI 12, 10. 25.)
 
 358 State Constiti'tioxs 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Judicial Districts (Cont'd) 
 
 Existing districts continued until changed by legislature. May 
 only be altered once after every enumeration under constitu- 
 tion, of inhabitants of state. Legislature may erect out of 
 second district, as constituted, another district. (N".Y. VI 1.) 
 
 Xine; legislature may increase or diminish. (N.C. IV 10.) 
 
 Boundaries designated in constitution. Six provided, but legis- 
 lature may, by two-thirds vote of e&ch house once in four 
 years, increase. To be formed of compact territory, bounded 
 by county lines. Exercise of power to change not to effect 
 removal of any judge. Legislature to make provisions for 
 attaching unorganized counties or territories to organized coun- 
 ties for judicial purposes. (N.D. IV 104, 105, 106, 115.) 
 
 Boundaries specifically designated in constitution. Legislature 
 to attach any new counties hereafter erected to such districts, 
 or subdivisions thereof, as shall be most convenient. (Ohio XI 
 
 12, 13.) 
 
 Boundaries specifically given in constitution. To be 21 counties 
 until otherwise provided by law. (Okla. VII 9, 22, 24.) 
 
 Counties of 40.000 inhabitants to constitute a separate district; 
 counties containing a population less than is sufficient to con 1 
 stitute separate district shall be formed into convenient single 
 districts or if necessary may be attached to contiguous dis- 
 tricts, not more than four counties to be included in one dis- 
 trict. (Pa. V 5, 4.) 
 
 Legislature may prescribe number. (S.C. V 13.) 
 
 Eight designated in constitution. May be altered when two- 
 thirds of members of each house of legislature concur. Dis- 
 tricts to be foTmed of compact territory and bounded by county 
 lines. Xo change to work removal of any judge from office 
 during term. Legislature to provide for attaching unorganized 
 counties or territory to organized counties for judicial pur- 
 poses. (S.D. V 15, 16, 17, 27.) 
 
 Districts fixed by ordinance forming part of constitution. State 
 to be divided as provided by law, districts may be increased or 
 diminished by law. (Tex. V 7, 14.) 
 
 Seven specifically designated in constitution. Legislature may 
 increase or decrease number, but change not to effect removal 
 of any judge. (Utah VIII 5, 6, 16.) 
 
 Twenty-four designated; legislature may increase or diminish and 
 may arrange. Xo new district created containing, according 
 to United States census or other census provided by law, less 
 than 40,000 inhabitants, or when creation will reduce number 
 in an existing district below 40,000 according to such census. 
 
 (Va. VI 94. 95.) 
 
 Each organized county to constitute. (Wash. IV 5.)
 
 Ini>f,x DiG-BfeT 359 
 
 COURTS (Cont'd) 
 
 General Trial Cotjbts (Cont'd) 
 Judicial Districts (Cont'd) 
 
 Twenty-three designated; Legislature may rearrange at any see 
 sion preceding any general election of judges of distrid courts 
 or it may at any session increase or diminish number. (W.Va. 
 
 VITI Ki. I:;. 14.) 
 Five specifically designated. Legislature may alter Limits or 
 increase number, making them as compact and convenient as 
 practicable' and hounded hy county lines. No increase or 
 alteration to effect removal of a judge. (Wis. VII 5, 6.) 
 Three districts specifically designated. Legislature may increase 
 number, hut such increase or change in boundaries not to work- 
 removal of any judge during office, provided number of districts 
 do not exceed four until taxahle valuation of property exceed 
 $100,000,000. Legislature to make provisions for attaching 
 unorganized counties or territory to organized counties for 
 judicial purposes. (Wyo. V 19. 20, 21, 24.) 
 
 Jurisdiction — In General 
 
 Legislature prohibited from creating other courts to exercise 
 power vested in judges of general trial court. (Pa. V 26.) 
 
 Jurisdiction — Appellate 
 In General 
 
 As prescribed by law. (Colo. VI 11; Ga. VI Sec TV 4; 
 Ida. V 20; 111! VI 12; Kan. Ill 6; Ky. 126; Minn. VI 5; 
 Miss. VI 156; X.D. IV 103; Ohio IV 4; Okla. VII 10; S.D. 
 V 14; Tenn. VI 8; Tex. V 8; W.Va. VIII 12.) 
 
 Described by Clia reefer of Casrs 
 
 Cases at law or in equity; value and amount may be limited 
 
 hy law. (S.D. V 14.) 
 
 Civil and criminal cases where appeal, writ of error or 
 supersedeas may he allowed to judgment or proceedings of 
 inferior tribunal. (W.Va. VIIT 12.) 
 
 Criminal cases; grade of offense may he limited by law 
 
 (S.D. V 14.) 
 
 Petition from those denied right to register as voters. 
 
 (S.C. IT 5.) 
 
 In cases of allowances made for or against counties, cities 
 or towns, appeal to general trial court of count \ at 
 instance of the party aggrieved, or on intervention of any 
 citizen or resident, or taxpayer of such county, city or 
 town, on same terms on which appeals are granted to such 
 courts in other cases. (Ark. VII 51.) 
 
 In cases of contest for any county, township or municipal 
 office, appeal, at instance of party aggrieved, from inferior 
 hoard, council or tribunal to general trial mint on the 
 same terms and conditions on which appeals may be 
 granted to such court in other cases. (Ark. \ II 52.)
 
 360 Statk Constitutions 
 
 COURTS (Cont'd) 
 
 General Trial Courts [Cont'd) 
 
 Jurisdiction — Appellate ( Con t'd ) 
 Described by Courts ■ 
 
 Common pleas ((nuts. (Ark. VII 14.) 
 
 Common pleas courts under such restrictions and regulations 
 
 as may be prescribed by law. (Ark. VII 33.) 
 
 County commissioners' court, with such exceptions and under 
 
 such regulations as may be prescribed by law. (Tex. V 8.) 
 
 County courts. (Ark. VII 14; S.D. V 20.) 
 
 County courts in all cases of probate; same regulations as 
 
 provided by law on adoption of constitution and appeals 
 
 from probate courts to district courts in territory of 
 
 Oklahoma. (Okla. VII 16.) 
 
 County courts in all civil cases on application of either 
 
 partv, and in such other cases as may be provided by law. 
 
 (Nebr. VI 17.) 
 County courts in all criminal cases on application of defend- 
 ant. (Nebr. VI 17.) 
 County courts in criminal cases. (Fla. V 11.) 
 County courts in probate cases pertaining to estates of 
 minors and such other matters as legislature may pro- 
 vide. (Fla. V n.) 
 County courts in probate matters. (Tex. V 8.) 
 County courts in such cases as may be prescribed by law; 
 no appeals shall lie to general trial court from any judg- 
 ment given in county court upon appeal from justice's 
 
 court, (Colo. VI 23.) 
 County courts under such restrictions and regulations as 
 
 may be prescribed by law. (Ark. VII 33.) 
 Criminal courts in misdemeanors. (Fla. V 11.) 
 Inferior courts. (Mich. VII 10; Nev. VI 6; Utah VIII 7; 
 
 Wis. VII 8.) 
 Inferior courts (besides justices' courts) in their respective 
 
 districts as may be prescribed by law. (Ariz. VI 6.) 
 Inferior courts in their respective districts. (N.M. VI 13.) 
 Inferior courts in their respective districts as may be pre- 
 scribed by law. (Cal. VI 5.) 
 Justices' and other inferior courts as prescribed by law. 
 
 (Wyo. V 10.) 
 Justices' and other inferior courts in their respective counties 
 
 as may be prescribed by law. (Wash. IV 6.) 
 Justices' and other inferior courts not of record. (Pa. V 10.) 
 Justices' courts. (Ark. VII 14; Kan. Ill 10; Nev. VI 6; 
 
 N.M. VI 27.) 
 
 Justices' courts and other inferior courts in their respective 
 
 districts as may be prescribed by law and as are consistent 
 
 with constitution. (Mont. VI II 11.) 
 
 Justices' courts as may be prescribed by law. (Ariz. VI 6.)
 
 1m»kx 1>i.;kst -''I 
 
 COURTS (Cont'd) * 
 
 General Trial Courts (Cont'd) 
 
 Jurisdiction — Appellate ( Cont'd ) 
 
 i>, s, , ilnd by Cmn /.n K'onl'd) 
 
 Justices' courts in civil and criminal cases on both questions 
 of law and lad with such limitations as prescribed bj law. 
 
 (Utah Ylll 9.) 
 Justices' courts in civil cases. (Ga. VI Seo. VII 2.) 
 Justices' courts in civil cases as prescribed by law. (Mo. 
 
 VI 22.) 
 Justices' cnints in civil'-matters regardless of amount in dis- 
 pute mid from all orders requiring a peace bond. (La. 
 
 111.) 
 Justices' courts in counties where no county court. (Fla. 
 
 V 11.) 
 Justices' courts in criminal cases. (La. 12(5.) 
 Justices' courts; same as district courts under laws of ten i 
 
 tory of Arizona. (Ariz. VI 23.) 
 Justice courts, such manner and under such regulation as 
 
 may he prescribed by law. (Mont. VIII 23.) 
 Justices' courts under such regulations as may be provided 
 
 by law. (Ark. VII 42.) 
 Mayor's court. (Fla. V 11.) 
 
 Mayors' or recorders', tines or imprisonment by. (La. 111.) 
 Municipal courts. (Ark. VII 14.) 
 Ordinary acting as court of ordinary or by consent of 
 
 parties without decision. (Ga. VI Sec. VI 1.) 
 Police courts in cases of persons sentenced to fine or im- 
 prisonment by mayors or recorders, upon giving security 
 for lines and costs of court. (La. 111.) 
 Probate courts. (Ark. VII 14; Kan. Ill 10; X.M. VI 27.) 
 Probate courts under such regulations and restrictions as 
 
 may be prescribed by law. (Ark. VII 35.) 
 Probate courts when only one of the two judges makes a 
 decision, or where their opinions are opposed, or where 
 the decision is on a matter involving a right to real 
 estate or the appraises! value or other value thereof, and 
 on all matters affecting guardians or guardians' accounts 
 jurisdiction shall be final in every such case. (Del. TV 11.) 
 In counties having population of 150.00(1 or over, general 
 term not to have power to review any order, derision or 
 t proceeding of any branch of court in district made at 
 
 separate term. (Kyi 137.) 
 Jurisdiction — Revisory 
 
 Supervisory control over common pleas courts. (Ark. All 14.) 
 
 Superintending control over justices' courts and other inferior 
 
 courts fey mandamus, prohibition and certiorari. (W.Va. 
 
 VIII 12.) 
 Supervisory control over county commissioners' court with ex- 
 ceptions and regulations prescribed by law. (Tex. \ 8. I
 
 '■'>i'>- State Constitutions 
 
 COURTS (Cont'd) • 
 
 General Trial Courts {Cont'd) 
 
 Jurisdiction — Revisory ( Cont'd ) 
 
 Supervisory control over county courts. (Ark. VII 14; Mo. VI 
 
 23.) 
 
 Supervisory control over inferior courts and tribunals. (Mich. 
 
 VII 10; Mo. VI 23; N.M. VI 13; Utah VIII 7; Wis. VII 8.) 
 
 Supervisory control over justices' courts. (Ark. VII 14; Mo. 
 
 VI 23.) 
 Supervisory control over municipal courts. (Ark. VII 14; Mo. 
 
 VI 23.) 
 Supervisory control over other courts as prescribed by law. 
 
 (W.Va. VIII 12.) 
 Supervisory control over probate courts. (Ark. VII 14; Mo. VI 
 
 23.) 
 Supervision and control over all proceedings before justices and 
 other inferior tribunals (by mandamus, prohibition and cer- 
 tiorari). (W.Va. VIII 12.) 
 
 Jurisdiction — Original 
 
 No judgment or decree in any chancery or general trial court 
 rendered in civil case to be reversed or annulled on ground 
 of want of jurisdiction to render such judgment or decree, 
 from error or mistake as to whether cause in which rendered 
 was in equity or common-law jurisdiction, but if highest 
 court finds error in proceedings other than as to jurisdiction, 
 and it is necessary to remand case, it may remand it to any 
 court which, in its opinion, can best determine controversy. 
 
 (Miss. VI 147.) 
 
 As prescribed by law. (Fla. V 11; Iowa V 6; Kan. Ill 6; Ky. 
 126; Nebr. VI 9; Ohio IV 4; Tenn. VI 8; Tex. V 8; W.Va. 
 
 VIII 12.) 
 
 As prescribed by law; concurrent with inferior tribunals and 
 
 justices' courts. (Mo. VI 22.) 
 
 Assault and batteries; no original jurisdiction except where sum 
 in controversy exceeds $50. (Ala. VI 143.) 
 
 Cases at law. (Colo. VI 11; Ida. V 20; 111. VI 12; Iowa V 6; 
 Mont. VIII 11 ; Nebr. VI 9; N.Y. VI 1 ; S.D. V 14; Wyo. V 10.) 
 
 Cases at law, where amount in controversy exceeds $100. 
 
 (Minn. VI 5.) 
 
 Cases for which a remedy or jurisdiction is not provided by law 
 
 or constitution. (Tex. V 8.) 
 
 Cases upon relation of any person on behalf of the people con- 
 cerning the rights, duties and liabilities of telegraph or toll- 
 mad companies or corporations. (Colo. VI 11.) 
 
 Cases where circuit court at adoption of constitution had juris- 
 diction or which may be prescribed by law. (Md. IV 20.) 
 
 Cases where debt, damage, claim or demand exclusive of interest 
 or value of property in controversy exceeds $50. (Mont. 
 
 VIII 11.)
 
 Index Digest :iG-! 
 
 COURTS (Cont'd) 
 
 General Trial Courts {Cont'd) 
 
 Jurisdiction — Original (Cont'd) 
 
 Cases where demand, exclusive of interest or value of properly 
 
 in controversy, amounts to $300. (Gal. \ 1 5.) 
 Cases where demand, exclusive of interest or value of property 
 
 in controversy, exceeds $300. (Xcv. VI 6.) 
 Cases where jurisdiction not by law vested exclusively in other 
 
 court. (Ariz. VI 6; Wash. IV 6.) 
 Cases where jurisdiction not vested in some other court. (Wyo. 
 
 V 10.) 
 Cases where matter in controversy amounts to $500 exclusive of 
 
 interest. (Tex. V 8.) 
 Cases where no specific amount is in contest except as provided 
 
 in this constitution. (La. 109 (1914).) 
 Cases where state, parish, municipal or other corporation is a 
 party defendant, regardless of the amount in dispute. (La. 
 
 109 (1914).) 
 Civil, arising in their respective districts in such manner pre- 
 scribed by law. (Iowa V 6.) 
 Civil as prescribed by law. (Ind. VII S.) 
 
 Civil, except as provided in constitution. (N.D. IV 103: Ga. VI 
 
 Sec. IV 3.) 
 Civil, except where exclusive jurisdiction is by constitution or 
 
 law conferred on other court. (Okla. VII 10.) 
 Civil, not excepted in constitution and not prohibited by law. 
 
 (Mich. VII 10; Utah VIII 7; Wis. VII S.) 
 Civil, not otherwise provided for in constitution; jurisdiction 
 
 exclusive. (Mo. VI 22.) 
 Civil, not vested by constitution in some other court. (Miss. 
 
 VI 156.) 
 
 Civil, other than libel, slander, assault and battery, where 
 
 amount in controversy exceeds $50 not otherwise excepted in 
 
 this constitution. (Ala. VI 143.) 
 
 Civil, the exclusive jurisdiction not vested in other court by 
 
 constitution. (Ark. VII 11.) 
 
 ■Civil, where amount in controveisy exceed- $50, exclusive of 
 
 interest. (La. 109 (1914).) 
 
 Civil, where amount in controversy exceeds >>'100. (Minn. VI 5.) 
 
 Civil, where amount in controversy exclusive of interest exceeds 
 
 $50, except cases confined exclusively, by constitution, to other 
 
 courts. (W.Va. VIII 12.) 
 Criminal. (W.Va. VIII 12; Wyo. V 10.) 
 Criminal as may he prescribed by law. (Ind. VII 8.) 
 Criminal except such as may he vested in other courts author- 
 ized hv constitution; jurisdiction limited and exclusive. (La. 
 
 109 (1914).) 
 Criminal except where exclusive jurisdiction is by the constitu- 
 tion or law conferred on other court. (Okla. VII 10.) 
 Criminal, not cognizable by inferior courts; jurisdiction exclu- 
 sive. (Fla. V 11.)
 
 364 State Constitutions 
 
 COURTS (Cont'd) 
 
 General Tbial Courts (Cont'd) 
 
 Jurisdiction — Original ( Cont'd ) 
 
 Criminal not excepted in constitution. (Ala. VI 143.) 
 Criminal not excepted in constitution and not prohibited by 
 
 law. (Mich. VII 10; Utah VIII 7.) 
 Criminal, not otherwise provided for by law. (Mo. VI 22; Nev. 
 
 VI 6.) 
 Criminal not vested by constitution in some other court. (Ark. 
 
 VII 11; Miss. VI 156.) 
 Criminal where punishment exceeds three months in prison or a 
 
 fine of more than $1U0. (Minn. VI 5.) 
 Criminal, where punishment is death or confinement in peni- 
 tentiary. (Ga. VI Sec. IV 1.) 
 In counties having population of 150.000 or over criminal 
 causes to be under exclusive jurisdiction of one cer- 
 tain branch of district court, all other litigation in district 
 of which district court has jurisdiction to be distributed 
 between other branches in accordance with rules of court 
 made at general term, or prescribed by law. (Ky. 137.) 
 Decedents' estates. (Nev. VI 6.) 
 Divorce. (Tex. V 8.) 
 
 Divorce and for annulment of marriage. ( Ariz. VI 6 ; Cal. VI 
 
 5; Mont. VIII 11; Wash. IV 6.) 
 Divorce; jurisdiction exclusive. (Ga. VI Sec. IV 1.) 
 Ejectment; except where amount in controversy exceeds $50. 
 
 (Ala. VI 143.) 
 Ejectment, jurisdiction exclusive. (Fla. V 11.) 
 Elections contested. (Tex. V 8.) 
 Equity. (Cal. VI 5; Colo. VI 11; Ida. V 20; 111. VI 12; Iowa 
 
 V 6; Mont. VIII 11; Xebr. VI 9; Nev. VI 6; N.Y. VI 1; S.D. 
 
 V 14; Wash. IV 6; W.Va. VIII 12; Wyo. V 10.) 
 
 Equity, as may be prescribed by law. (Ala. VI 148; Fla. V 12.) 
 Equity; cases where amount in controversy exceeds $100'. (Minn. 
 
 VI 5.) 
 Equity; jurisdiction exclusive. (Fla. V 11; Ga. VI Sec. IV 1.) 
 Equity ; legislature may confer powers heretofore exercised by 
 
 courts of equity in state. (Ga. VI Sec. IV 2.) 
 Equity ; until legislature shall deem it expedient to establish 
 
 courts of chancery. (Ark. VII 15.) 
 Equity, where title to or possession of real property or legality 
 of any tax, assessment, toll or municipal fine, and in all other 
 cases in which the demand or the value of property in con- 
 troversy amounts to $200 exclusive of interest and costs. (Ariz. 
 
 VI G. 
 
 Equity, legislature may vest chancery powers in relation to 
 
 foreclosure of mortgages and sale of mortgaged premises. (N.J. 
 
 IV Sec. VII 10.) 
 Exclusive jurisdiction in cases at law not cognizable by inferior 
 
 courts. (Fla. V 11.)
 
 I.XDKX DlG'BSl 30 u 
 
 COURTS (Cont'd) 
 
 General Trial Courts {Cont'd) 
 Jurisdiction — Original ( Cont'd ) 
 
 Executors, administrators, guardians and minors under such 
 
 regulations as may be prescribed by law. (Tex. V 8.) 
 Felony. (Ariz. VI 6; Gal. VI 5; Mont. VIII 11; Tex. Y 8; 
 
 Wash. IV 6. i 
 Forcible and unlawful detainer. (Mont. VII L 11.) 
 Forcible entry and detainer. (Ariz. VI (i; Cal. VI 5; Fla. V 11; 
 
 Nev. VI 6; Wash. IV 6.) 
 
 For relief of surrogate courts legislature may confer probate 
 
 jurisdiction in any county having population exceeding $40,000. 
 
 (N.Y. VI 15.) 
 Have common law ; concurrent with intermediate court of ap- 
 peals except in cases of a criminal nature. (X.J. VI Sec. 
 
 V 2.) 
 
 In all matters and causes not excepted in this constitution and 
 
 such jurisdiction of special cases and proceedings as may be 
 
 conferred by law. (N.M. VI 13.) 
 Insane persons; cases relating to persons and estates of. (Nev. 
 
 VI 6.) 
 Insolvency. (Ariz. VI 6; Cal. VI 5; Mont. VIII 11; Wash. IV 
 
 6; Wyo. V 10.) 
 Law and equity jurisdiction shall constitute distinct and separate 
 
 jurisdiction. (Iowa V 6.) 
 Libel; on original jurisdiction except where the sum in con- 
 troversy exceeds $50. (Ala. VI 143.) 
 Matters affecting dependent, neglected, incorrigible or delinquent 
 children, or children accused of crime under the age of 18 
 years; examinations in chambers of children concerning whom 
 proceedings are brought in advance of any criminal prosecu- 
 tions of such children and power, in discretion, to suspend 
 criminal prosecutions for any offenses that may have been 
 committed by such children. The powers of judges to control 
 such children shall be prescribed by law. (Ariz. VI 6.) 
 Mining claims. ("Nev. VI 6.) 
 
 Minors; cases relating to persons and estates of. (Nev. VI 6.) 
 Misdemeanors involving official misconduct. (Tex. V 8.) 
 Misdemeanors not otherwise provided for. (Ariz. VI b' ; Cal. VI 
 
 5.; Mont. VIII 11; Wash. IV 6.) 
 Nuisance; actions to prevent or abate. (Ariz. VI 6; Cal. VI 5; 
 
 Wash. IV 6.) 
 • Office or public position, title to. (La. 100 (1914).) 
 
 Penalties, forfeitures and escheats, recovery thereof on behalf 
 
 of state. (Tex. V S. i 
 Probate. (Ariz. VI 6; Cal. VI 5; Mont. VIII 11; Wash. IV 6; 
 
 Wyo. V 10.) 
 Probate and succession matters and where a successor is a party 
 
 defendant. (La. 109 (1914).)
 
 8B6 State Constitutions 
 
 COURTS {Cont'd) 
 
 General Trial Courts (Cont'd) 
 Jurisdiction — Original ( Cont'd ) 
 
 Probate, legislature may confer on court, in county over 400,0uO, 
 powers and jurisdiction of surrogates, with authority to try 
 issues of fact by jury in probate cases. (N.Y. VI 15.) 
 Property levied upon, trial of right to. where value equals or 
 
 exceeds $500. (Tex. V 8.) 
 Real property, possessor of. (Xev. VI 6.) 
 Real property, title to. (La. 100 (1014).) 
 Real property, title to and liens thereon. (Tex. V 8.) 
 Real property, title to; jurisdiction exclusive. (Ga. VI See. 
 
 IV 1.) 
 Real property, title to or boundaries of; jurisdiction exclusive. 
 
 (Fla. V 11.) 
 Real property; title to or possession of. (Mont. VIII 11.) 
 Real property, title to or possession of; cases at law. (Call. 
 
 VI 5.) 
 
 Real property, title to or possession of; tax, impost, assessment, 
 
 toll or municipal fine, legality of; cases in which demand or 
 
 value of property in controversy amounts to $100. (Wash. 
 
 IV 7.) 
 Receivers to corporation or partnership, proceedings for the ap- 
 pointment of. (La. 100 (1014).) 
 
 Slander; no original jurisdiction except where sum in controversy 
 
 exceeds $50. (Ala. VI 143.) 
 Slander or defamation of character, recovery of damages. (Tex. 
 
 V 8.) 
 Special actions and proceedings not otherwise provided for. 
 
 (Mont. VIII 11; Wyo. V 10.) 
 Special cases and proceedings not otherwise provided for. (Ariz. 
 
 VI 6; Cal. VI 5; Wash. IV 6.) 
 Tax, assessment or toll, legality of: jurisdiction exclusive. (Fla. 
 
 V 11.) 
 Tax imposed, assessment, toll or municipal fine, legality of. (Cal. 
 
 VI 6: Xev. VI 6.) 
 Jurisdiction — Territorial Extent 
 
 Process to extend to all parts of state. (Ariz. VI 6: Cal. VI 5; 
 
 Mont. VIII 11; Wash. IV 6.) 
 Name 
 
 Circuit. (Ala. VI 143; Ark. VIT 11; Fla. V 8; Ind. VII 8; Ky. 
 125; Md. IV 10; Mich. VII 8; Miss. VI 152; Mo. VI 22: N.J. 
 VI Sec. V 2; S.D. V 14; Tenn. VI 4; Va. VI 06: W.Va. VIII 
 
 10; Wis. VII 7.) 
 Common pleas. (Ohio IV 3.) 
 County. (Vt. II 28.) 
 
 District. (Colo. VI 11; Ida. V 20; Iowa V 5; Kan. Ill 6; La. 
 107; Minn. VI 4; Mont. VIII 11: Xebr. VI 0; Xev. VI 5; 
 X.M. VI 13; X.D. IV 99; Okla. VII 9; Tex. V 7; Utah VIII 
 
 5; Wyo. V 10.)
 
 I.xdkx l)i<ii:sT ::r. , 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Name (Cont'd) 
 
 Superior. (Ariz. VI 5; Cal. VI 5; Conn. V 1: Ga. VI Sec. Ill 
 
 1; Wash. IV 5.) 
 Supreme. (N.Y. VI 1.) 
 Non-Judicial Duties 
 
 Except as provided in constitution, no duties or functions t 
 
 attached by law to court, except such as are judicial. ( La. 96.) 
 Number, See above, this subdivision, Judicial Districts. 
 Procedure 
 
 Judges to establish uniform rules for government of court. 
 
 (Wash. IV 24.) 
 Judges of St. Louis county may sit in general term for purpose 
 
 of making rules of court. (Mo. VI 27.) 
 Court may grant new trial on legal grounds. (Ga, VI Sec. IV 6. i 
 New trial allowed on both questions of law and fact where case 
 
 appealed from county court. (Okla. VII 16.) 
 New trial allowed on appeals from final judgments and decisions 
 
 of probate courts and justices of peace. (N.M. VI 27.) 
 New trial allowed on appeals from justices of peace in criminal 
 
 cases. (N.C. IV 27.) 
 
 New trial allowed on appeals from justice of peace courts in 
 
 criminal cases; under regulations prescribed by law. (Fla. 
 
 V 22.) 
 New trial allowed on appeals in cases of allowances for or against 
 
 counties, cities or towns. (Ark. VII 51.) 
 New trial allowed on appeals in cases of contest for county, 
 
 township or municipal office. (Ark. VII 52.) 
 Legislature may provide for appeal from one jury to another. 
 
 (Ga. VI See. IV 6.1 
 Writs of injunctions, attachments, prohibitions and habeas 
 corpus may be issued and served on legal holidays and non- 
 judicial days. (Ariz. VI li. i 
 Injunctions, writs of prohibition and habeas corpus may be 
 issued and served on legal holidays and non-judicial days. 
 
 (Mont. VIII 11: Wash. IV 6. i 
 Process to extend to all parts of state. (Ariz. VI 6: Cal. VI ."> ; 
 
 Mont. VIII 11; Wash. IV 6.) 
 Judges may receive pleas of guilty in less than capital rascv 
 
 | La. 117.. 
 Practice of courts in continuous session may by general law he 
 made different from that of courts held in terms. ( Ky. 59. 
 Quorum 
 
 One (there are three judges, and in one district four) ; hut where 
 trial held by less than whole number, the parly against whom 
 decision is made can have question reserved for consideration 
 of all judges of court, and decisions of court < n banc may he 
 appealed from in usual way. The right of having question 
 reserved shall not apply to trials of appeals from judgments of
 
 368 State Constitutions 
 
 \ 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Quorum (Cont'd) 
 
 justice courts nor to criminal cases below the grade of felony, 
 except where punishment is imprisonment in the penitentiary 
 and this entire provision shall be subject to such regulations 
 as may be prescribed by law. ( Md. IV 21, 22.) 
 Reporter 
 
 Law reporter to be appointed by justices; term five years. (N.J. 
 
 VII Sec. II 5.) 
 Seal 
 
 Form specifically set forth until otherwise provided by law. 
 
 (Ariz. XXII 10: Wash. XXVII 9.) 
 Seal now used in general trial court of territory until other- 
 wise provided by law. (Ida. XXI 17.) 
 The several courts may adopt seals for their respective courts 
 
 unlil otherwise provided by law. (Utah XXTV 8.) 
 To have a seal. (Mich. VII 17; Utah VIII 17.) 
 To have a seal to be used in authentication of all process. (Aid. 
 
 IV 1.) 
 Sessions 
 
 In any county where there shall be more than one judge of court 
 there may be as many sessions of court at the same time as 
 there are judges and business of court so distributed by law, or 
 in absence of legislation, by rule of court, as shall best promote 
 convenient and expeditious transaction thereof; where two or 
 more judges and court held by one or more, judgments, decrees, 
 orders and proceedings shall be equally effectual as if all judges 
 of said court had presided. (Ariz. VI 5.) 
 In any county or city and county other than county and city of 
 San Francisco, "in which there shall be more than one judge of 
 the general trial court, judges may hold as many sessions of 
 said court at same time as there are judges thereof; including 
 any judge acting upon request or judges pro tempore, and shall 
 apportion business among themselves equally as may be; same 
 provisions for San Francisco except that presiding or chief 
 justice divides business; judgments, orders and proceedings of 
 Any session held by one or more judges to be equally effectual 
 as if all judges of courts presided. (Cal. VI 6, 7, 8.) 
 Legislature may regulate manner in which judges of districts 
 having more than one judge shall dispose of business. (Ga. 
 
 VI Sec. Ill 1.) 
 
 Judges to hold court in district for which elected in manner 
 
 as provided by law; special provision for Cook county. (111. 
 
 VI 15, 24.) 
 In counties having a city of 20,000 inhabitants and a popula- 
 tion including city of 40,000, constituting a separate district, 
 legislature shall direct manner of holding courts and conduct 
 
 of business in them. (Ky. 138.) 

 
 Index Digebi 369 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Sessions (Cont'd) 
 
 In counties having population of 150,000 or over, each judge to 
 hold a separate court except when a general term ina\ be held 
 for purpose of making rules of court, or as may be required by 
 
 law. (Ky. 137.) 
 Legislature may provide for manner of holding courts in judicial 
 
 districts. (Mich. VII 8.) 
 
 When court is composed of one or more additional judges each 
 
 shall sit separately and perform all duties imposed on circuit 
 
 judges. (Mo. VI 28.) 
 Judges of St. Louis county (five in number) sit separately, sit 
 
 together only to make rules. (Mo. VI 27.) 
 Any one of three judges in court of first district may preside 
 on impaneling of grand juries and presentment and trial on 
 indictments, under rules prescribed by law. (Xev. VI 5.) 
 Two or more district judges may sit in any district or county 
 
 separately at the same time. (N.M. VI 15.) 
 Judges to preside successively ; to hold court in the same dis- 
 trict oftener than once in four years. (N.C. IV 11.) 
 As many courts or sessions of the general trial court as are 
 necessary may be held at the same time in any county; judges 
 of Hamilton county may hold separate courts or separate 
 sittings of same court at same time. (Ohio IV 3, XI 12.) 
 In any county where there shall be more than one judge or a 
 judge from any county is appointed as an extra judge to sit 
 therein, there may be as many sessions of court at the same 
 time as there are judges thereof and business of court so 
 distributed or assigned by law or by rules of court as shall 
 best promote expeditious transaction thereof; judgments and 
 proceedings of any session held by one or more judges shall 
 be equally effectual as if all judges of court presided at ses- 
 sion. (Wash. IV 5.) 
 Business of first district may be apportioned between judges 
 thereof, and such judges may hold courts in same county or 
 in different counties within district at the same time or al 
 different times as may be prescribed by law. i W.Va. VIII 
 
 10.1 
 Special Organization for Baltimore 
 
 Detailed provisions. (Md. IV 27 et seq.) 
 Special Organization for Cook County 
 
 Detailed provisions for. (111. VI 23 et srq., X 9.) 
 Terms 
 
 At least two terms each year in each county. (Ala. VI 144: 
 
 Miss. VI 15S.) 
 Open at all times except on non-judicial days, for the determina- 
 tion of non-jury civil causes and for the transaction of busi- 
 ness. ( Ariz. VI 6. i 
 As provided by law. (Ark. VII 12; Kan. Ill 5.)
 
 370 State ( \ institutions 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Terms (Cont'd) 
 
 Open at all times, except on legal holidays and non-judicial 
 
 days. (Cal. VI 5, 20: Mont. VIII 17.) 
 At least one term each year in each connty at time provided by 
 law, except in such counties as may be attached, for judicial 
 purposes, to another county, special terms; judges to fix terms 
 until fixed by legislature. (Colo. VI 17.) 
 Two terms each year in each county in places prescribed by law : 
 
 special terms allowed. ( Fla. V 8. i 
 At least two terms each year in each county, at time prescribed 
 
 by law. (Oa. VI Sec. IV 8.) 
 
 Two terms each year in each county at times prescribed by law; 
 
 special terms allowed under regulations prescribed by law. 
 
 (Ida. V 11.) 
 At least two terms each year in each county at times prescribed 
 by legislature: not to lie changed except by legislature next 
 preceding election for judges; additional terms may be pro- 
 vided for in any county. (111. VI 14.) 
 Three terms each year in eacli county. (Ky. 131.) 
 Open during 10 months of the year; in districts containing 
 more than one parish, judges to sit alternately in each parisli 
 as business may require. (La. 117.) 
 At least two terms each year in each county to which jurors 
 shall be summoned, and at least two others to which jurors 
 shall not be summoned, at times fixed bv judges, until other- 
 wise prescribed by law. ( Md. IV ID, ■?].) 
 At least four terms each year in each organized county. (.Midi. 
 
 VII S.) 
 At least two <tcrms each year in each county, as may be pre- 
 scribed by law. (Mo. VI 22.) 
 Districts where two or more counties are united until otherwise 
 provided by law, the judge of such district shall fix the terms 
 of court at least four terms each yea.r in each county, subject 
 
 to this rule. (Mont. VIII 17.) 
 • Indues shall fix in their respective districts until otbenvise pro- 
 vided By law. (Xebr. XVI 26. 
 One term eacli year in each county. (X.J. VI Sec. V 2.) 
 At least two terms each year in each county until'- otherwise 
 
 provided by law. (X.M. VI 13.) 
 Open at all times for transaction of business within their juris- 
 diction, except the trial of issues of fact rfeqUiting a jury; to 
 sit in each county as prescribed by law. (X.C. IV 10, 22.) 
 At least two terms each year in each organized county ; judges 
 
 to fix terms. (X.D. IV 115, 118.) 
 
 At time provided by law at county seat: provided that if any 
 
 county is divided into two or more districts legislature may 
 
 designate places of holding courts in any such districts. ( Xev. 
 
 VI 7.)
 
 
 IXDKX Dk.ISI' 371 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Terms (Cont'd) 
 
 Times of holding specifically designated: ( New \\ II 15.) 
 
 At least two terms each year in each organized count] at county 
 seat; terms fixed by Inches; rnurt uniil btherwise provided by 
 
 legislature. (Okla. VII 9, 25.) 
 One term each year in each organized county; judges to fix until 
 
 otherwise provided. (S.I). V 27. X\. I 
 Two terms each year in each county; legislature power, by gen- 
 era! or special law. fro authorize the holding of special terms of 
 court or the holding of more than two terms in any county for 
 the disposition of business. (Tex. V 7.) 
 At least four terms each year in each county at county seat. 
 
 Utah VII] 5.) 
 
 As prescribed by law; no court to be held for any city of seeond 
 
 class until after city shall abolish its existing city court. (Va. 
 
 VI 97.) 
 Open at all times except on non-judicial days. (Wash. IV 6.) 
 At least three terms each year in each county. (W.Va. VIII 11.) 
 Provision may be made for holding special terms. (W.Va. VIII 
 
 11; Wis. VII 11.) 
 At least two terms each year in each organized county. (Wis. 
 
 VII 11.) 
 Prescribed by legislature; until legislature acts, judges to deter- 
 mine. (Wyo. V 24. 26.) 
 Sessions, See above, this subdivision, Sessions. 
 
 Transfer of Cases 
 
 See also beloiv,'Hiis title. Trials — Cuanur of VENUE. 
 
 Cases whereof chancery court has exclusive jurisdiction, to be 
 transferred to that court. (Miss. VI 157.) 
 
 Legislature to provide for due certification of causes transferred 
 to chancery court and for such reformation of pleadings therein 
 as necessary, and adjudication of costs of transfer. (Miss. 
 
 VI 163.) 
 
 If plaintiff brings suit on bond of fiduciary or public officer for 
 failure to account for money or property received or loss by 
 neglect or failure to collect, or suit involving inquiry into 
 matters of mutual accounts, court may, on application of de- 
 fendant, transfer case to chancers court if it appears that 
 accounts to be investigated are mutual and complicated. 
 
 (Miss. VT 161.) 
 
 Writs 
 
 For power of judges, Sec above, this subtfi vision. JUDGES. 
 Certiorari 
 
 Power to issue and to hear and determine. (Mich. VII 10; 
 
 Mont. VIII 11; K.D. IV 103.) 
 Jurisdiction and power to issue with authority to hear and 
 determine same. (S.D. V 14.)
 
 372 State 'Constitutions 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Writs (Cont'd) 
 
 Cer tiorari ( Con t'd) 
 
 Power to issue. (Ariz. VI 6; Cal. VI 5; Xev. VI 6; Okla. 
 VII 10; Tex. V 8; Utah VIII 7; Wash. IV 6; Wis. VII 8; 
 
 Wyo. V 10.) 
 Power to issue if not directed to judges or courts of equal 
 
 or superior jurisdiction. (N.M. VI 13.) 
 Supervision and control of all proceedings before justices 
 
 and other inferior tribunals. (W.Va. VIII 12.) 
 Power to issue to correct errors in inferior judicatories, to 
 be issued on sanction of judge only. (Ga. VI Sec. IV 5.) 
 
 Habeas Corpus 
 
 Power to issue and to hear and determine. (Mich. VII 10: 
 
 N.D. IV 103.) 
 
 Jurisdiction and power to issue with authority to hear and 
 determine same. ( S.D. V 14. ) 
 
 Original and general jurisdiction of all cases. ( W.Va. VIII 
 
 12.) 
 
 Power to issue and to hear and determine on petition by or 
 on behalf of, any person held in actual custody in their 
 respective districts. May be issued and served on legal 
 holidays and non-judicial days. (Mont. VIII 11.) 
 
 Power to issue. (Okla. VII 10; Tex. V 8; Utah VIII 7; 
 
 Wis. VII 8.) 
 
 Power to issue on petition by or in behalf of, any person 
 held in custody in their respective districts. (Nev. VI 6.) 
 
 Power to issue on petition by' or on behalf of any person 
 in actual custody in their respective counties. May be 
 issued and served on legal holidays and non-judicial days. 
 (Ariz. VI 6; Wash. IV 6.) 
 
 Power to issue on petition by or on behalf of any person 
 in actual custody in their respective districts. (Wyo. 
 
 V 10.) 
 
 Power to issue on petition by or on behalf of any person 
 in actual custody in their respective counties. (Cal. VI 5.) 
 
 Power to issue to any part of state upon petition by or on 
 behalf of any person held in actual custody and to make 
 such writs returnable before himself or before court or 
 before any general trial court of state, or judge thereof; 
 may be issued and served on legal holidays and non- 
 judicial days. (Wash. IV 6.) 
 
 Power to issue if not directed to judges or courts of equal 
 or superior jurisdiction. (N.M. VI 13.) 
 
 Injunction 
 
 Power to issue and to hear and determine. May be issued and 
 served on legal holidays and non-judicial days. (Mont. 
 
 VIII 11.) 

 
 1m>ex Digest 373 
 
 COURTS (Cont'd) 
 
 General Tbial Courts (Cont'd) 
 Writs (Cont'd) 
 
 Injunction (Cont'd) 
 
 Power to issue and to hear and determine. (Mich. VII 10; 
 
 N.D. IV 103.) 
 Jurisdiction and power to issue with authority to hear and 
 
 determine same. (S.D. V 14.) 
 Power to issue and serve on legal holidays and non-judicial 
 
 days. (Ariz. VI 6; Cal. VI 5; Wash. IV 6.) 
 Power to issue. (Ala. VI 144; Cal. VI 6; Nev. VI 6; Okla. 
 VII 10; Tex. V 8; Utah VIII 7; Wis. VII 8; Wyo. V 10.) 
 Power to issue if not directed to judges or courts of equal 
 or superior jurisdiction. (N.M. VI 13.) 
 
 Mandamus 
 
 Power to issue and to hear and determine. (Mich. VII 10; 
 
 Mont. VIII 11.) 
 Jurisdiction and power to issue with authority to hear and 
 
 determine same. (S.D. V 14.) 
 To have supervision and control of all proceedings before 
 
 justices and other inferior tribunals. To have original 
 
 and general jurisdiction of all cases. (W.Va. VIII 12.) 
 Power to issue. (Ariz. VI 6; Cal. VI 5; Ga. VI Sec. IV 5; 
 
 Nev. VI 6; Okla. VII 10; Tex. V 8; Utah VIII 7; Wash. 
 
 IV 6; Wis. VII 8; Wyo. V 10.) 
 Power to issue if not directed to judges or courts of equal 
 
 or superior jurisdiction. (N.M. VI 13.) 
 
 Prohibition 
 
 Power to issue and to hear and determine. May be issued 
 
 and served on legal holidays and non- judicial days. (Mont. 
 
 (VIII 11.) 
 To have supervision and control of all proceedings before 
 
 justices and other inferior tribunals. To have original 
 
 and general jurisdiction of all cases. (W.Va. VIII 12.) 
 Power to issue. (Ariz. VI 6; Cal. VI 5; Ga. VI Sec. IV 5; 
 
 Okla. VII 10; Utah VIII 7; Wash. IV 6; Wyo. V 10.) 
 Power to issue and serve on legal holidays and non-judicial 
 
 days. (Ariz. VI 6; Cal. VI 5; Wash. IV 6.) 
 Power to issue if not directed to judges or courts of equal 
 
 or superior jurisdiction. (N.M. VI 13.) 
 
 Quo Warranto 
 
 Power to issue and to hear and determine. (Mich. VII 10; 
 
 Mont. VIII 11; N.D. IV 103.) 
 Jurisdiction and power to issue with authority to hear ami 
 
 determine same. (S.D. V 14.) 
 Original and general jurisdiction of all cases. ( \\ .\ a. \ 111 
 
 12.)
 
 374 State Constitutions 
 
 COURTS (Cont'd) 
 
 General Trial Courts (Cont'd) 
 Writs (Cont'd) 
 
 Quo Warranto (Cont'd) 
 
 Power to issue. (Ariz. VI 6; Cal. VI 5; Nev. VI 6; Okla. 
 VII 10; Utah VIII 7; Wash. IV 6; Wis. VII 8; Wyo. 
 
 V 10.) 
 Power to issue if not directed to judges or courts of equal 
 
 or superior jurisdiction. (N.M. VI 13.) 
 Review 
 
 Power to issue. (Ariz. VI 6; Wash. IV 6; Wyo. V 10.) 
 Scire Facias 
 
 Power to issue. (Ga. VI Sec. IV 5.) 
 In General 
 
 Power to issue and to hear and determine necessary to 
 carry into effect their general and specific powers. (Ark. 
 
 VII 14.) 
 Power to issue all other that may be necessary for carrying 
 
 their powers fully into effect. (Ga. VI Sec. IV 5.) 
 Power to issue writs necessary to enforce their jurisdiction. 
 
 (La. 109 (1914).) 
 Power to issue such other writs as may be necessary to 
 carry into effect their orders, judgments and decrees and 
 give them general control over inferior courts and tri- 
 bunals within their respective jurisdictions, and in all 
 other cases and matters as highest court shall by rule 
 
 prescribe. (Mich. VII 10.) 
 Power to issue and to hear and determine other original 
 and remedial writs. (Mont. VIII 11; N.D. IV 103.) 
 Power to issue all other writs proper and necessary to com- 
 plete exercise of their jurisdiction. (Nev. VI 6.) 
 Power to issue all other writs, remedial or otherwise, in 
 exercise of their jurisdiction, but none shall be directed 
 to judges or courts of equal or superior jurisdiction. 
 
 (N.M. VI 13.) 
 Power to issue all other writs, remedial or otherwise, neces- 
 sary or proper to carry into effect their orders, judgments 
 or decrees. (Okla. VII 10.) 
 Jurisdiction and power to issue other original and remedial 
 writs with authority to hear and determine same. (S.D. 
 
 V 14.) 
 Power to issue all writs necessary to exercise their juris- 
 diction. (Tex. V 8.) 
 
 Power to issue other writs necessary to carry into effect 
 their orders, judgments and decrees, and give them 
 general control over inferior courts and tribunals within 
 tlicir respective jurisdictions. (Utah VIII 7.) 
 
 Power to issue all other writs necessary to carry into effect 
 their orders, judgments and decrees, and give them 
 general control over inferior courts and jurisdictions. 
 
 (Wis. VII 8.) 

 
 Index Digest 870 
 
 COURTS (Cont'd) 
 
 General Trial C<>u:ts kok (mi, (asks Only 
 
 Establishment, See above, this title, Kstaiu.isiimknt. 
 Judges 
 
 In IhhiuiiK. Sic also nhoie, this till,. A smii I VI'K JUDGES Or 
 
 S i a 1 1:. 
 Coventor power to roiniuissioii a judge ad litem for purpose of 
 constituting quorum, where quorum could not otherwise be 
 had ; commission in such case to be confined to the case and 
 expire on termination of case; the judge to receive reasonable 
 compensation fixed l>y legislature; niemlier of Congress or 
 person holding or exercising an office under the United States 
 not to be disqualified from being appointed. ( Del. IV 18.) 
 If two judges elected at same time they shall cast lots for 
 priority of commission and certify results to governor who 
 shall issue their commissions in accordance therewith. (Pa. 
 
 V 17.) 
 In appeals from probate courts associate judge who sat in court 
 
 below not to sit. (Del. IV 11.) 
 To be judges of general trial courts for criminal cases. (Pa. 
 
 V 9.) 
 In any county where the establishment of an additional court 
 may be authorized by law the number of judges may be in- 
 creased from time to time and whenever such increase shall 
 amount in the whole to three, such three judges shall com- 
 pose a distinct and separate court. (Pa. V 6.) 
 At least 25 years of age; attorney-at-law. (Fla. V 3.) 
 Judgments 
 
 Not to bind lands in another county until a testatum fieri facias 
 issued; judgment to be entered in office of clerk of county 
 wherein lands are situate. (Del. IV 29.) 
 Jurisdiction 
 Appellate 
 
 From common pleas courts. (S.C. V 15.) 
 
 From inferior courts except such inferior courts from which 
 the legislature shall provide a direct appeal to highest 
 
 court. (S.C. V 15.) 
 From registers; decision to be final. (Del. TV 33.) 
 (,'( nei al Provisions 
 
 Legislature power to repeal or alter any act of legislature, 
 giving jurisdiction to court in any matter, or giving any 
 power to said court. Legislature power to confer upon 
 court jurisdiction and powers in addition to those men- 
 tioned in constitution. (Del. IV 20.) 
 All other than jurisdiction and powers vested i" it by the 
 laws of this state. (Del. IV 7.) 
 Original 
 
 All civil cases; to issue writs or orders of injunction, man- 
 damus, habeas corpus, and such other writs ;i- may be 
 necessary to carry powers into effect, subject to appeal to 
 
 highest court. (S.C. V IS
 
 376 State Constitutions 
 
 COURTS (Cont'd) 
 
 General Trial Courts for Civil Cases Only (Cont'd) 
 Jurisdiction (Cont'd) 
 Original (Cont'd) 
 
 Real property, personal or mixed property; suits at common 
 
 law. (Del. IV 7.) 
 Such chancery powers as now vested in existing general trial 
 courts for civil cases only or as may hereafter be con- 
 ferred by law. (Pa. V20.) 
 Probate 
 
 To cease when separate orphans' courts are organized in any 
 
 county. (Pa. V 22.) 
 Territorial Extent 
 
 Co-extensive with state. (Del. IV 19.) 
 
 Process to be issued in either county; into each county. 
 
 (Del. IV 19.) 
 Name 
 
 Common pleas. (Pa. V 20; S.C. VI.) 
 Superior. (Del. IV 1.) 
 Procedure 
 
 Amendments in pleading and procedure to be directed by court 
 upon reasonable terms before judgment, so that error in them 
 shall not hinder determination of cause on real merits. (Del. 
 
 IV 24.) 
 Quorum 
 
 One (one-third of possible number), except when sitting to hear 
 appeals from orphans' court or the registers' court, when two 
 shall constitute a quorum; but one judge may open and ad- 
 journ any of said courts. (Del. IV 5.) 
 When court is sitting as a court en banc to hear a question of law 
 four (there is a possibility of five) ; one may open and adjourn 
 
 such court. (Del. IV 15.) 
 Sessions 
 
 One or more sessions of court may be held at same time in same 
 county, or in different counties and the business in the several 
 counties may be distributed and apportioned in such manner 
 as shall be provided by the rules of the said courts; whenever 
 court considers that question of law ought to be heard by 
 court en banc, it may, upon application of either party, direct 
 it to be so heard; court to consist of chief justice of state and 
 four of state judges; judges may direct cause to be proceeded 
 into verdict or judgment in general trial court for civil cases 
 or otherwise proceeded in. (Del. IV 6, 15.) 
 Special Organization for Parish of Orleans 
 
 Detailed provisions for. (La. 132 et seq.) 
 Special Organization for Particular Counties 
 
 County of Philadelphia, five distinct and separate courts of equal 
 and co-ordinate jurisdiction composed of three judges each, 
 designated respectively as number one, two, three, four, five; 
 the number may be by law increased from time to time and to
 
 Index Digest 377 
 
 COURTS {Cont'd) 
 
 General Trial Courts for Civil Cases Only [Contfd) 
 Special Organization for Particular Counties (Cont'd) 
 
 be designated by successive numbers. The courts <<> distribute 
 the business among them in such manner as prescribed by rules 
 of court; each court, to which any suit assigned to have exclu- 
 sive jurisdiction thereof subject to change of venue as provided 
 
 bylaw. (Pa. V 6.) 
 
 Each trial court in county of Philadelphia to have its separate 
 
 docket except the judgment docket shall contain the judgment 
 
 and liens of all the said courts as is or may be directed by law. 
 
 (Pa. V 7.) 
 Tn the county of Allegheny one court composed of judges in com- 
 mission in the several numbered courts of common pleas exist- 
 ing prior to the amendment; the jurisdiction to extend to all 
 proceedings at law and equity instituted in the several num- 
 bered courts; to be subject to such changes as may be made by 
 law and to change of venue as provided by law; number of 
 judges may be increased from time to time; the present judge 
 shall be selected as provided by law. ( Pa. V 6. ) 
 
 Time of Holding 
 
 Two in each county each year at times appointed by law. (S.C. 
 
 V 16.) 
 General Trial Courts for Criminal Cases Only 
 
 Court of General Sessions (Delaware) , See above, this title, General 
 
 Sessions, Court of. 
 Court of Oyer and Terminer (Delaware), See below, this title, Oyer 
 
 and Terminer, Court of. 
 Establishment, See above, this title, Establishment. 
 
 Judges 
 
 Judges of general trial court for civil cases learned in the law 
 
 to act. (Pa. V 9.) 
 Judges of highest court to be justices of oyer and terminer and 
 general jail delivery in the several counties. ( Pa. V 8.) 
 
 Jurisdiction 
 Appellate 
 
 From inferior courts in cases where said courts have exclu- 
 sive original jurisdiction. (S.C. V 18.) 
 From justices' courts and other inferior courts and tribunals 
 under such regulations as may be prescribed by law. (Tex. 
 
 V 16.) 
 Original 
 
 Assault and battery'; concurrent jurisdiction with inferior 
 
 courts. (S.C. V IS.) 
 Criminal, except those in which exclusive jurisdiction given 
 
 to inferior courts. | s.( '. V 18.) 
 Larceny; concurrent jurisdiction with inferior courts. (S.C. 
 
 V 18.) 
 Riot; concurrent with inferior courts. (S.C. V 18.)
 
 378 State Constitutions 
 
 COURTS {Cont'd) 
 
 General Trial Courts for Criminal Tasks Only {Cont'd) 
 Special Organization for Parish of Orleans 
 
 Detailed provisions for. (La. 132 et seq.) 
 Special Organization for Particular Counties 
 
 General trial courts in counties of Philadelphia and Allegheny 
 shall from time to time detail one or more of their judges to 
 hold court as may be prescribed by law. (Pa. V 8.) 
 Time and Place of Holding 
 
 Two each year at time and places prescribed by law in each 
 
 county. (S.C. V 18.) 
 Highest Court 
 
 Advisory Opinions 
 
 Upon important questions of law and upon solemn occasions 
 when required by governor, council, senate or house of repre- 
 sentatives. ( Me. VI 3. ) 
 Upon any question of law; on request of governor or either 
 
 branch of legislature. (R.I. Amend. XII 2.) 
 Upon governor's constitutional powers and duties, and upon 
 
 solemn occasions. (S.D. V 13.) 
 Upon governor's constitutional powers and duties; on request of 
 
 governor; opinion to be in writing. ( Fla. IV 13.) 
 Upon important questions of law and upon solemn occasions; on 
 request of governor and council or either branch of legislature. 
 (Mass. Pt. II Ch. Ill 2; X.H. II 73.) 
 Upon important questions of law and upon solemn occasions; on 
 request of governor or either branch of legislature; opinions 
 published in connection with report of decisions of court. 
 
 (Colo. VI 3.) 
 Appeals 
 
 See below, this subdivision, Jurisdiction — Appellate. 
 
 Sre below, this s'uhdirision. Procedure. 
 Attendants, See below, this subdivision, Officers. 
 Bailiffs, See beloio, this subdivision*, Officers. 
 Character 
 
 Shall be court of record. (Ariz. VI K) ; Cal. VI 12; Md. IV 1; 
 
 Mich. VII 17; Mont. VIII 25 j Xev. VI 8; Utah VIII 17; 
 
 „, . , T . Wash. IV 11.) 
 
 Chief Justice 
 
 See also below, this subdivision, Judges. 
 
 See also below, this subdivision, Presiding Officer. 
 
 Chief justice of stair. Sir iihnvr, this title, CHIEF JUSTICE OF 
 
 „ .. State. 
 
 Compensation 
 
 As provided by law (fixed in domsl itution at $3,500, but act 
 of 1892, chapter 388, increased to $4,500). (Md. IV 24.) 
 Hoio Selected 
 
 As prescribed by law. (Okla. VII 6.) 
 
 Appointed from among members oi mint by governor with 
 consent of senate, and until action by senate, judge desig- 
 nated by governor to act. (Md. IV 14.) 

 
 Index Digest 370 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Chief Justice (Cont'd) 
 
 How Selected {Cont'd) 
 
 By court. (Ala. VI 152; 111. VI fi ; Mo. VI 2; Okla. VII 63 
 
 Tnni. VI 2: Tex. V 2.) 
 By court in manner and for term prescribed by rules of 
 
 court. (S.D. V9.) 
 Judges to designate by lot. (Fla. V 2.) 
 Elected as such. (Ark. VII 2; Cal. VI 3; .Minn. VI 2. 3; 
 
 Mont. VIII S; Nebr. Wl 5; X.V. VI 7.) 
 Judge having shortest term to serve. (Iowa V 3 : Pa. VI 2.) 
 Judge having shortest term to serve, not tilling vacancy. 
 I Ariz. VI 3; Ida. V ti •. Xev. VI 3: N.l). IV 92; Utah VIII 
 
 2; Wyo. V 4.) 
 Judge having shortest term to serve not filling vacancy; if 
 two judges have terms expiring on same day younger in 
 years of two shall be chief justice during the next to the 
 last year of his term of office, and the elder during the 
 last year of his term of office. (Colo. VI 8.) 
 Judge having shortest term to serve, not filling vacancy. In 
 case two judges have the same term, other judges shall 
 
 determine. (Wash. IV 3.) 
 
 Until otherwise provided by law, judge having shortest term 
 
 to serve; but no justice appointed or elected to fill vacancy 
 
 shall be chief justice. (N.M. VI 4.) 
 
 Judge holding senior commission; if two have commissions 
 
 bearing same date they shall determine by lot who shall be 
 
 chief justice (Xev. VI 3.) 
 
 Judge longest in commission, and if the term of service of 
 
 two or more shall be the same, they shall determine by lot. 
 
 (Ivy. IIS.) 
 Judge longest in continuous service as member of court: in 
 case two or more have continually served during the same 
 period, the senior in years. (Kan. Ill 2.) 
 Judge longest in continuous service as member of court; 
 in case two or more such have continuously served during 
 same period, the one whose commission first expires. 
 
 (Wis. VII 4.) 
 Impeachment 
 
 See also Impeachment. 
 
 At trial of chief justice, governor shall preside. (Fla. Ill 
 
 39.) 
 Term of Office 
 
 As prescribed by judges fall Judges limited to a six-year 
 
 term). ('S.D. V 9.) 
 Vacancies 
 
 Filled by appointment by governor until successor elected; 
 successor elected at next general election for state offices 
 for unexpired term. (Tex. V 2.)
 
 380 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Chief Justice (Cont'd) 
 Vacancies ( Con t'd ) 
 , Filled by governor with consent of senate if in. session or by 
 
 governor alone if senate not in session, until vacancy 
 filled at next general election held not less than three 
 months after vacancy occurs, when successor elected for 
 full term; if appointment is from among associate judges, 
 temporary appointment of associate judge to be made, 
 but person appointed chief justice not deemed to vacate 
 office of associate judge any longer than until expiration 
 of apj)ointment as chief justice. (N.Y. VI 8.) 
 Associate judge who has served longest time shall become. 
 
 (La. 87.) 
 
 Clerks 
 
 See also above, this title, Clerks. 
 Accounts 
 
 Legislature to provide a state examiner to examine. (Mont. 
 
 VII 8.) 
 
 Bonds % 
 
 To give bond as prescribed by law. (Okla. VII 7; Tex. 
 
 V 3.) 
 To give such security as legislature may require. (Wis. 
 
 VII 12.) 
 
 Compensation 
 
 Amount, court to fix until provided by law. (Ariz. VI 17.) 
 
 Amount, as provided by law. (Cal. VI 21,; Ida. V 15; 111. 
 
 VI 32; Mich. VII 6; Mont. VIII 9; N.Y. VI 19; Okla. 
 
 Sched. 17; S. C. V 7; S.D. V 12; Tex. V 3; Wash. IV 22; 
 
 Wyo. V 9.) 
 Salaries, fees and emoluments to be prescribed by law. 
 
 (N.C. IV 18.) 
 Fees and perquisites prohibited. (Ariz. VI 17.) 
 Fees and perquisites as provided by law and by rules of 
 
 court. (Colo. VI 9.) 
 Fees and perquisites, legislature to regulate fees and compen- 
 sation allowed in all civil matters. (La. 120.) 
 Fees and perquisites to be turned over to state treasury 
 
 and credited to general fund. ( Mich. VII 6. ) 
 Payable out of state treasury. (N.Y. VI 19.) 
 
 Hoiii Selected 
 
 Appointed. (N.M. VI 9.) 
 
 Appointed by court. (Ark. VII 7: Cal. VI 21; Fla. V 7: 
 Ida. V 15; La. 88; Mich. VII 6; Mo. VI 39; N.C. IV 15; 
 S.C. V 7; Tex. V 3; Utah VIII 14; Wis. VII 12: Wyo. 
 
 V 9.) 
 Appointed by court, until legislature provides for election. 
 
 (Wash. IV. 22.)
 
 Index Digest 3S1 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Clerks (Cont'd) 
 
 How Selected (Cont'd) 
 
 Appointed by judges. (Ala. VI 164; Ariz. VI 17; Colu. \ I 
 
 9; Kan. Ill 4; X.D. IV 92; S.D. V 12; Tenn. VI 13.) 
 Elected. (111. VI 10; Wis. VII 12.) 
 
 Elected at each election for governor. (Ivy. 120; Ukla. 
 
 VII 7.) 
 Elected by qualified voters of state. (Ind. VII 7; Md. IV 
 
 17; Mont. VIII 9.) 
 Elected by qualified voters of state as other state officers. 
 
 (Miss. VI 168.) 
 Secretary of state to be. (X.J. VI Sec. II 4.) 
 Clerk of a general trial court may be appointed. (Wis. VII 
 
 12.) 
 Reporter shall act as. (Xebr. VI 8.) 
 
 Location of Office 
 
 Seat of government. (Fla. V 7; Xev. XV 12; X.Y. VI 19.) 
 Seat of government in suitable rooms provided by state. 
 
 (Mo. VI 10.) 
 
 X umber 
 
 One clerk for each division (three divisions). (111. VI 10.) 
 
 Powers and Duties 
 
 As prescribed by law. (Ind. VII 7; Kan. Ill 4; Mich. VII 
 
 6; S.C. V 7; Wyo. V 7.) 
 As prescribed by law and rules of court. (Mont. VIII 9.) 
 As prescribed by law and rules of the court not inconsistent 
 
 with law. (X.D. IV 93; S.D. V 12.) 
 As prescribed by law or by rules, or order of court. (Cal. 
 
 VI 9, 21.) 
 To be librarian of court library. (Fla. V 7.) 
 
 Prohibitions on Practice of Law 
 
 In any court of state. (Mont. VIII 31.) 
 
 Qualifications 
 
 Age, at least 25 years. (Okla. VII 7.) 
 Age, at least 21 years. (Ky. 121.) 
 
 Certificate from a judge of the court that he has been ex- 
 amined by him, or by the clerk of his court under his 
 supervision, and that he is qualified for the office. (Ky. 
 
 121.) 
 Citizen of state. (Ky. 121.) 
 Elector of state. (Okla. VII 7.) 
 
 Resident in state two years next preceding election. I Ky. 
 
 121.) 
 
 Reappointment 
 
 Eligible for. (Md. IV 25.') 
 
 Ineligible for succeeding term. IKv. 120.)
 
 oS2 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Con I'd) 
 
 Clerks (Cont'd) 
 
 Removal 
 
 To be removed on prosecution and final conviction for mis- 
 demeanor in office. (111. VI 10, 30.) 
 As provided by law. (Wis. VII 12.) 
 
 At pleasure of court. (Cal. VI 21; La. 88; Mich. VII 6; 
 
 N.M. VI 9.) 
 At pleasure of judges. (Ariz. VI 17.) 
 
 By court for cause entered at length upon the minutes of 
 
 court. (Ala. VI 166.) 
 By court for good cause. (Ark. VII 7.) 
 By court for good cause entered on minutes. (Tex. V 3.) 
 By court for incompetency, neglect of duties, misdemeanors 
 in office or other cause prescribed by law. (Md. IV 17.) 
 By court upon information and good cause shown; the 
 court to be judge of the facts, as well as the law; two- 
 thirds of members present must concur in sentence. 
 
 (Ky. 124.) 
 For mental or physical inability by judge riding the dis- 
 trict. Clerk against whom proceedings are instituted 
 should receive notice and copy of cause for removal at 
 least 10 days before day appointed to act thereon. Clerk 
 entitled to appeal to general trial court and thence to 
 highest court as provided in other cases of appeals. (N.C. 
 
 IV 32.) 
 Residence 
 
 In division for which elected. (111. VI 10, 32.) 
 
 Term of Office 
 
 At pleasure of highest court. (Cal. VI 21.) 
 Begins first Monday in January following election. (Ky. 
 
 120.) 
 During pleasure of court, unless legislature provides for 
 
 election and definite term. (Wash. IV 22.) 
 During pleasure of judges. (Colo. VI 9; Ida. V 15; N.D. 
 
 IV 93; S.D. V 12; Utah VIII 14; Wyo. V 9.) 
 Two years. (Kan. Ill 4; Wis. VII 12.) 
 Four years. (Ind. VII 7; Miss. VI 168; S.C. V 7; Tex. 
 
 V 3.) 
 Four years and until successors are elected and qualified. 
 
 (Ky. 120.) 
 Six years. (Ala. VI 164; Ark. VII 7; Tenn. VI 13.) 
 Six years and until successor qualified. (111. VI 10, 32; 
 
 Md. IV 17.) 
 Six years and until successor appointed and qualified. 
 
 (Mont. VIII 8.) 
 Eight years; to hold until successors are qualified. (N.C. 
 
 IV 15, 25.)
 
 Iki.kx Dig-est 383 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Clerks (Cont'd) 
 \ acawiis 
 
 Filled by appointment of court until election oFTsuccessor. 
 
 (Wis. VII 12.) 
 
 Filled t»y appointment of court until election of successor, 
 
 also if clerk be under charges, court to appoint. (Ky. 
 
 122.) 
 Filled by appointment of court until election of successor 
 at next general election for members of legislature; per- 
 son elected to hold office for six years. (Md. IV 17.) 
 Filled by appointment of governor until election of suc- 
 cessor; successor elected for unexpired term. (Mont. 
 
 VIII 34.) 
 Filled by election. If unexpired term does not exceed one 
 year, to be filled by appointment of court or judges to 
 which office appertains. (111. VI 10, 32.) 
 
 Commissioners' Courts of Appeal 
 
 Legislature may from time to time provide for special court of 
 appeals to try cases on docket of supreme court of appeals in 
 respect to which a majority of judges are so situated as to 
 make it improper for them to sit and also to try any cases 
 on said docket which can be disposed of with convenient dis- 
 patch. Said special court shall be composed of not less than 
 three nor more than five judges of the general trial courts 
 and city courts of record in cities of the first class or judges 
 of either of said courts together with one or more judges of 
 the highest court of appeals. (Va. VI 89.) 
 
 A commission, the members of which shall not last for more 
 than two years or be created oftener than once in 10 years; 
 five members appointed by governor with consent of senate, 
 to dispose of business then on dockets of highest court as 
 shown by arrangement between highest court and commission 
 by transferring to such commission; to have power vested in 
 highest court; majority to form a quorum. Judgment to be 
 entered and enforced as judgment of highest court. At ex- 
 piration of commission, all business undisposed of certified to 
 highest court; clerk and reporter of highest court shall be 
 clerk and reporter of commission. Vacancies filled by gover- 
 nor with advice and consent of senate if senate in session, if 
 not in session, by governor. Constitution provides for first 
 commission; subsequent commissions may be created on appli- 
 cation of highest court by a vote of two-thirds members 
 
 elected. (Ohio IV 22.) 
 
 Prohibited. (Cal. VI 25.) 
 
 For temporary assignment of judges 
 
 See below, this subdivision, Judges — Ad Litem Appointees. 
 See below, this subdivision, Judges — Number.
 
 384 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Costs 
 
 Shall not exceed $10 until otherwise provided by law; plaintiff 
 in error shall not be required to pay costs in said court when 
 the usual pauper's oath is filed in court below. (Ga. VI Sec. 
 
 XXI 1.) 
 
 Judges to make such reductions in fees and expenses of court as 
 
 they may deem advisable ; all rules and regulations to have 
 
 the force of law until changed, modified or rescinded by 
 
 judges or legislature. (Md. IV 18.) 
 
 Court Crier, See below, tliis subdivision, Officers. 
 
 Decisions 
 
 See also beloic, this subdivision, Judgments. 
 Advisory Opinions, See above, this subdivision, Advisory 
 
 Opinions. 
 Filing 
 
 At close of each term judges to file with secretary of state 
 concise written statements of decisions made at that term. 
 
 (Ore. VII 4.) 
 No judgment to take effect until decision filed with clerk. 
 
 ( Fla. XVI 6 ; Nev. XV 8. ) 
 To be filed in office of clerk. (Mich. VII 7.) 
 
 Force of 
 
 To bind as precedents the intermediate court of appeals. 
 
 (Ga. VI Sec. II 9; Mo. VI (Amend. 1884) 6.) 
 Power of people to adopt laws declared unconstitutional, See 
 above, tliis title, Decisions. 
 
 'Number Necessary to Render 
 
 Majority. {Ariz. VI 2; Ida. V 6; Mont. VIII 5; Nebr. VI 
 2; Nev. VI 2; N.M. VI 5; N.D. IV 89; Okla. VII 3; 
 S.D. V 7; Utah VIII 2; Wash. IV 2.) 
 
 Majority, except as provided in constitution. (Ohio IV 2.) 
 
 Two (out of three). (Tex. V 2.) 
 
 Two (out of three) ; when court increased to five, a majority. 
 
 (Ark. VII 2.) 
 
 No judgment or decree to be affirmed by disagreement of 
 two judges (out of three) constituting a quorum. (Miss. 
 
 VI 165.) 
 
 Three (out of five). (La. 88; Tenn. VI 2.) 
 
 Three (out of five) for court to determine that any law is 
 or is not repugnant to constitution of state or United 
 States. If not more than two can agree case to be re- 
 heard by full bench, and in no case where jurisdiction of 
 court depends solely upon fact that constitutionality of 
 law is involved shall court decide case upon its merits 
 unless contention of appellant upon constitutional ques- 
 tion is sustained. (Va. VI 88.)
 
 Ixdex Uigi> r 385 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Decisions (Cont'd) 
 
 Number Necessary to Rentier (Con I'd) 
 
 No decision considered binding authority upon any inferior 
 court except in particular case decided unless decision 
 concurred in by three judges (out of four). (W.Va. 
 
 VIII 4.) 
 Concurrence of three judges (out of four) necessary for re- 
 versal of judgment. (S.C. V 12.) 
 Whenever three judges (out of five) cannot concur in case, 
 court to call on any judge of intermediate court of ap- 
 peal or general trial court. (La. S9.) 
 Three (out of eight). (Md. IV 15.) 
 Four (out of seven). (111. VI 2 j Kan. Ill 2.) 
 Four (only seven may sit). (N.Y. VI 7.) 
 Four (out of seven) when court is sitting as court en banc. 
 If only four judges present, and they do not concur, all 
 judges qualified to sit in case, shall hear argument. (Cal. 
 
 VI 2.) 
 When judges equally divided, fact to be entered upon rec- 
 ord; entry an affirmance of judgment of court below. 
 
 (Ohio IV 2.) 
 If equally divided in opinion, no judgment shall be entered 
 based on such division, but parties to cause may agree 
 upon some person learned in law to act as special judge 
 in cause, who shall sit therein with court and give deci- 
 sion in same manner and with same effect as one of the 
 judges. If parties cannot agree upon a special judge 
 court shall appoint one. (Mo. VI 11.) 
 No case involving the construction of constitution of state 
 or United States to be decided except by court en banc 
 (two or more divisions of court are possible). (Colo. 
 
 VI 5.) 
 No law to be held unconstitutional without concurrence of 
 at least all but one of judges, except in affirmance of 
 judgment of intermediate court of appeals declaring law 
 unconstitutional and void. (Ohio IV 2.) 
 Such cases only as may be heard by whole court shall be 
 considered by all the justices (there are two divisions). 
 
 (Kan. Ill 2.) 
 
 Publication of 
 
 Copyright of the state reports to belong to state. (Nebr. 
 
 V] 
 No private person or corporation to secure copyrighl ; if 
 cnpvright secured to inure to benefit of state (S.D. V 
 
 12.) 
 
 Provision to be made by legislature. (Mont, VIII 
 
 13
 
 386 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Decisions (Cont'd) 
 
 Publication of (Cont'd) 
 
 Provision to be made by legislature; all opinions to be free 
 for publication by any person. (Ariz. VI 16; Utah VIII 
 
 23.) 
 Provision to be made by legislature for publication at 
 expense of state of cases designated by court; to make 
 no provision for payment' by legislature for publication 
 of any case decided by court not so designated; all opin- 
 ions free for publication to any person. (Mo. VI 43, 44.) 
 Provision to be made by legislature for speedy publication; 
 all opinions free for publication to any person. (Nev. 
 
 XV 8; Wash. IV 21.) 
 
 Provision to be made by legislature for speedy publication 
 
 of all cases designated by court; all opinions free for 
 
 publication to any person. (Cal. VI 16.) 
 
 Provision to be made by legislature for speedy publication. 
 
 (Ind. VII 5; S.C. V 32.) 
 Provision to be made by legislature for publication, distri- 
 bution and sale. (N.D. IV 93; S.D. V 12.) 
 Provision to be made for all cases designated by court. 
 
 (Md. IV 16.) 
 Right of, to be given by contract to lowest bidder who need 
 not be citizen of state; concurring and dissenting opin- 
 ions to be published. (La. 92.) 
 To be free for publication by any person. (Fla. XVI 6 
 
 (1896).) 
 Reasons to Be Set Forth 
 
 All decisions, including all cases of mandamus, quo war- 
 ranto and certiorari, shall be in writing with a concise 
 statement of the facts and reasons; signed by those con- 
 curring; any judge dissenting to give reasons for such 
 dissent in writing under signature. (Mich. VII 7.) 
 All decisions, whether en banc or by departments, in writ- 
 ing; grounds stated. (Cal. VI 2.) 
 Each point raised on record decided; reasons stated in 
 
 writing. (Ind. VII 4.) 
 Every point fairly raised on record considered and decided ; 
 reasons concisely stated in writing, signed by judges con- 
 curring, filed in office of clerk and preserved with record; 
 judge dissenting may give reasons in writing over signa- 
 ture. (N.D. IV 101.) 
 Every point fairly raised upon record of case, considered 
 and decided; reasons concisely stated in writing; pre- 
 served with record. (W.Va. VIII 5.) 
 Every point made and distinctly stated in cause and fairly 
 raised upon record considered and decided; reasons con- 
 cisely stated in writing and preserved with record. (S.C. 
 
 V 8.)
 
 Index Digest 387 
 
 COURTS (Cont'd) 
 
 Highest Court {Cont'd) 
 Decisions [Cont'd) 
 
 Reasons to Be Set Forth (Cont'd) 
 
 In writing; grounds stated. (Ariz. IV 2; Cal. VI 24; 
 
 Wash. IV 2.) 
 In writing; preserved with records. (Va. VI 90.) 
 Reasons concisely stated in writing, signed by judges con- 
 curring, filed in office of clerk of highest court and pre- 
 served with record of case; judge dissenting may give 
 reasons in writing over signature. (Utah VIII 26.) 
 Reporting of 
 
 Court to prepare syllabus of points adjudicated concurred 
 in by three judges (out of five) : to be prefixed to pub- 
 lished report of case. (W.Va. VIII 5.) 
 Court to prepare syllabus of points adjudicated, which shall 
 be concurred in by a majority of judges thereof; syllabus 
 to be prefixed to published reports of case. (N.D. IV 
 
 102; Utah VIII 26.) 
 No judge shall be allowed to. (Ind. VII 6.) 
 To be reported together with the reasons thereof. (Ohio 
 
 IV 6.) 
 To be reported under direction of court. (La. 92.) 
 
 Time Given for 
 
 To dispose of every case at first or second term after writ 
 
 of error is brought. (Ga. VI Sec. II 6.) 
 May withhold its judgment until next term after case is 
 
 argued. (Ga. VI Sec. II 7.) 
 Six months after submission. (Okla. VII 5.) 
 Sixty days from last day of court at which the cases were 
 
 heard. (S.C. V 17.) 
 No judge to receive salary until he makes and subscribes 
 affidavit that no cause in his court remains pending unde- 
 cided that has been submitted for decision for period of 
 90 days. (Cal. VI 24.) 
 Same; 30 days. (Ida. V 17.) 
 Divisions 
 
 Court may sit in departments and en banc; two departments, 
 denominated one and two. Chief justice shall assign three 
 judges to each department; assignment may be changed from 
 time to time; judges may interchange with each other by 
 agreement or as ordered by chief justice; each department 
 power to determine cases; all questions arising subject to 
 provisions hereafter contained in court en banc: chief justice 
 shall apportion business in departments: and order any case 
 pending to be heard in court en lane; order made before or 
 after judgment in department; if made after judgment, may 
 be in 30 days and concurred in by two associate judges; 
 any four judges may after judgment order a case heard en
 
 - S S State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Divisions (Cont'd) 
 
 banc; no judgment of department final until 30 days unless 
 approved by chief justice in writing with concurrence of two 
 associate judges; chief justice may convene court en banc at 
 any time in division of chief justice not present; a presiding 
 judge elected by associates in division. (Cal. VI 2.) 
 
 Court at its option to sit en banc in two or more departments; 
 each to have full power and authority to determine causes, 
 issue writs, and the exercise of powers of court, subject to 
 control of court sitting en banc and. such rules as the court 
 may make; no decision of any division to become judgment of 
 court unless concurred in by at least three of the seven judges. 
 
 (Colo. VI 5.) 
 
 When court consists of six judges, may hear and determine 
 cases and exercise any of its power when sitting either in a 
 body or in two divisions under such regulations as may be 
 prescribed by law, or by rules of court not inconsistent there- 
 with; when any member of a division of the court shall dis- 
 sent from a majority of the division on any question, such 
 question shall be submitted to the court sitting in a body. 
 
 (Fla. V 5 (1902).) 
 
 Court power to hear and determine cases sitting in a body or 
 in two divisions of three judges, under regulations prescribed 
 by legislature; court power to hear and determine cases in a 
 body or in two divisions; a majority of a division constitutes 
 a quorum for that division. (Ga. VI Sec. II S.) 
 
 Court may sit in two divisions with full power in each division 
 to determine cases assigned to be heard by such division; the 
 presiding justice of each division to be selected from the senior 
 in continuous "term of service and, if two, the senior in years 
 to preside; a quorum to consist of those judges and the con- 
 currence of three justices necessary to a decision (there are 
 seven judges). (Kan. Ill 2.) 
 
 The court if composed of seven judges to divide itself into sec- 
 tions if in judgment of court such arrangement necessary. 
 
 (Ky. 118.) 
 
 Court to be divided into two divisions, one to consist of four 
 judges (known as Division No. 1) ; other to consist of remain- 
 ing three judges (to be known as Division No. 2) ; concurrent 
 jurisdiction of all causes, except that No. 2 to have exclusive 
 cognizance of all criminal cases; division of business made as 
 court shall determine; majority of judges of division constitute 
 a quorum; orders, judgments and decrees of either division 
 to have force and effect as judgments of court; two judges 
 appointed by governor, on passage of amendment, together with 
 judge elected at general election in 1S90 to constitute Division 
 No. 2; remaining (older judges) shall constitute Division No. 
 1 ; when judges are equally divided in opinion, or when judge
 
 Index Digest 389 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Divisions (Cont'd) 
 
 of division dissents from opinion, or when federal question 
 involved, cause, on application of losing party, transferred to 
 court en banc: a division may order cause transferred; each 
 division to elect a presiding offices; court to assign to each 
 division causes and matters to be heard by it ; public notice 
 given; laws relating to practice and rules to apply to each 
 division so far as applicable; opinions of each division, in 
 writing, filed in causes in which respectively made during term 
 at which cause submitted; each division authorized to issue 
 original writs and exercise other powers enumerated in judi- 
 cial article of constitution; if highest court believes docket 
 with reference to speedy disposition of business will justify 
 dispensing with divisions, court to dispense therewith and 
 hear all cases pending before it, but court has power to again 
 divide itself into two divisions; whenever, in opinion of six 
 judges entered of record, condition of docket with reference to 
 speedy disposition of business so requires, and in such division 
 four judges oldest in commission to constitute Division Xo. 1 
 and remaining Division Xi>. _'. (Mo. VI 1, 2, 3, 4a.) 
 Until otherwise provided by law. districts from which the judges 
 of the highest court elected shall be constituted as follows 
 ( shows the specific designation of three districts which can 
 by law be increased to not more than five). (S.D. V 11.) 
 Legislature may provide for separate departments. (Wash. 
 
 IV 2.) 
 Establishment, gfee above, this tittie, Establishment. 
 Judges 
 
 See also below, this title, Judges. 
 
 In Delaware, See above, this title, Associate Judges of State. 
 
 Ad Litem Appointees 
 
 Absence of judge a reason for. (X.M. V! 6; R.I. X 5.) 
 Absence of quorum a reason for. (Del. IV 18; Va. VI 8S.) 
 Declination of two or more judges to act a reason for. 
 
 (Ky. 117.) 
 
 Disqualification of one or more judges to sit in case, a 
 
 reason for. (Ariz. VI 3; Ark. VII 9; Cal. VI 4; Fla. 
 
 V 6; Ga. VI Sec. II 2; Ida. V 6; Miss. VI It',:,; Mont. 
 
 VIII 5; Tenn. VI 11; Tex. V 11; Utah VIII 2.) 
 
 Disqualification of majority of judges a reason for. (Minn. 
 
 VI 3.) 
 For causes of disqualifo-atiou. Bee below', this subdivision, 
 
 J^IDGES — When Pi;oiui:ited fi:om Sitting. 
 If majority of judges disqualified, ease may be died by 
 special court of pleae created by legislature front time to 
 time to try such eases. ( Ya. Y 1 88.) 
 Equal difference of opinion anions.' judges a reason for. ( Mn. 
 
 VI 11.)
 
 390 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Coukt (Cont'd) 
 Judges (Cont'd) 
 
 Ad Litem Appointees (Cont'd) 
 
 Failure of three members of court to concur in any case, a 
 
 reason for. (La. 89.) 
 Illness of judge a reason for. (Fla. V 6.) 
 Impeachment of judge (before conviction) a reason for. 
 
 (R.I. X 5.) 
 Inability of judge to sit in case a reason for. (Cal. VI 4; 
 
 Ida. V C.) 
 Incapacity of judge a reason for. (N.M. VI 6.) 
 Interest of judge in case a reason for. (N.M. VI 6; N.D. IV 
 
 100; Tex. V 11.) 
 Unwillingness of a majority of judges to sit in case a reason 
 
 for. (Va. VI 88.) 
 Certification of temporary vacancy by court to governor. 
 
 (Tex. V 11.) 
 Certification of temporary vacancy by chief justice to gov- 
 ernor. (Ivy. 117.) 
 Appointment as prescribed by law. (Fla. VI 6; Va. VI 88.) 
 Assignment by governor from judges of general trial court. 
 
 (Ga. VI Sec. II 2.) 
 Assignment by court of judge of intermediate court of 
 
 appeals or general trial court to act. (La. 89.) 
 Assignment by remaining judges of court from judges of 
 
 intermediate court of appeals. (Cal. VI 4.) 
 Assignment by remaining judges of court from judges of 
 general trial court. ( Ariz. VI 3 ; Ida. V 6 ; Mont. VIII 5 ; 
 N.M. VI 6; N.D. IV 100; Vt. VIII 2.) 
 Appointment by governor. (Ark. VII 9; Del. IV 18; R.I. 
 
 X 5; Tenn. VI 2; Tex. V 11.) 
 Appointment by governor from judges of general trial court; 
 if governor interested in case, assignment made by lieu- 
 tenant-governor. (Ky. 117; Minn. VI 3.) 
 Appointment by parties; if parties cannot agree, court 
 
 appoints. (Mo. VI 11.) 
 Appointment by parties; if parties cannot agree governor to 
 
 appoint. (Miss. VI 165.) 
 Qualifications same as for member of court. (Ky. 117.) 
 Appointee to be learned in law. (Ark. VII 9.) 
 Appointee to have law knowledge. ( Miss. VI 165 ; Tenn. 
 
 VI 11.) 
 Member of Congress or person holding or exercising an office 
 under the United States not to be disqualified. (Del. IV 
 
 18.) 
 Appointment to cease on termination of cause for appoint- 
 ment, (Cal. VI 4; Del. IV IS; Miss. VI 165; R.I. X 5.) 
 Compensation as prescribed by law; to be reasonable. (Del. 
 
 IV 18.)
 
 Index Digest 391 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Judges (Cont'd) 
 
 Ad Litem Appointees (Cont'd) 
 
 Compensation same as for member of court, being propor- 
 tioned to length of service. (Ky. 117.) 
 Powers, decisions and opinions to have same effect as regu- 
 lar judge of court. (Mont. VIII 5.) 
 Advisory Opinions, See above, this subdivision, Advisobt Opin- 
 ions. 
 Chief Justice, See above, this subdivision, Chief Justice. 
 Commissions 
 
 If two judges elected at same time, shall cast lots for 
 priority of commission and certify results to governor, 
 who shall issue their commissions in accordance there- 
 with. (Pa. V 17.) 
 To be commissioned by governor. (Ky. 113.) 
 Compensation 
 
 As provided by law. (Ark. VII 10; Colo. VI 18; Iowa V 9; 
 
 Kan. Ill 13; Minn. VI 6; Miss. VI 166; Mo. VI 33; 
 
 Nev. VI 15; N.D. IV 99; Ohio IV 14; S.C. V 9; Tenn. VI 
 
 7; Wash. IV 13; Wyo. V 17.) 
 
 As provided by law, consistent with constitution. (S.D. 
 
 V 30.) 
 As provided by law; to be adequate. (Ky. 112.) 
 As provided by law; to be honorable and established by 
 
 standing laws. (N.H. I 35.) 
 As provided by law; to be permanent and honorable; to be 
 increased if not sufficient. (Mass. Pt. II Ch. II Sec. 
 
 I 13.) 
 Salaries, fees and emoluments to be prescribed by law. 
 
 ■ (N.C. IV 18.) 
 Compensation shall be received. (Me. VI 2; E.I. X 6.) 
 Not less than $1,500 per annum. (Kan. Ill 13; Wis. VII 
 
 10.) 
 $2,000 per annum in constitution; now $4,500. (Ore. 
 
 XIII 1.) 
 $2,200 per annum in constitution; now $5,500. ( W.Va. 
 
 VIII 16.) 
 $3,000 per annum. (Fla. V 9.) 
 
 $3,000 per annum until otherwise provided by law. (Ida. 
 
 V 17; Utah VIII 20.) 
 Not to exceed $3,000 per annum; until increased by legisla- 
 ture on two-thirds vote of each house. (Ga. VI Sec. 
 
 XIII 1, 2.) 
 $3,500 per annum, until otherwise provided by law. ( Md. 
 
 IV 24.) 
 $4,000 per annum until otherwise provided by law. (111. 
 
 VI 7; Mont. VIII 29; Okla. Sched. 16; Tex. V 2.) 
 Not less than $4,000 per annum. (Wash. VI 14; Va. VI 
 
 103.)
 
 392 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court {Cont'd) 
 Judges (Cont'd) 
 
 Compensation ( Cont'd) 
 
 $4,500 per annum. (Nebr. VI 13.) 
 
 $5,000 per annum, until otherwise provided by law. (Ariz. 
 
 VI 10.) 
 Not less than $5,000 per annum. (La. S6. ) 
 Not less than $6,000 per annum. (N.M. VI 11.) 
 $7,000 per annum for first term subsequent to formation of 
 
 state government. (Nev. XVII 5.) 
 $8,000 per annum. (Cal. VI 17.) 
 
 Such of six judges as shall attend court shall receive a per 
 diem compensation as prescribed by law. (N.J. VI 2, 3.) 
 Mileage same as members of legislature. (W.Va. VIII 16.) 
 Mileage prohibited. (Mont. VIII 30.) 
 
 Fees and perquisites prohibited. (Ark. VII 10; Colo. VI 
 
 18; Kan. Ill 13; La. 96; Me. VI 2; Minn. VI 6; Mont. 
 
 VIII 30; Nebr. VI 14; Nev. XVII 5; Ohio IV 14; Ore. 
 
 XIII 1 ; S.C. V 9; S.D. V 30; Tenn. VI 7; Wis. VII 10.) 
 
 Prohibited from receiving any pension or salary from other 
 
 governments. (N.H. II 92.) 
 To be increased if not sufficient. (Mass. Pt. II Ch. II Sec. 
 
 I 13.) 
 Increase prohibited after election and during term for 
 
 which elected. (Utah VIII 12; Wash. IV 13.) 
 Increase prohibited during continuance in office. (Miss. ■ 
 
 VI 166.) 
 Increase prohibited during term for which elected. (Ida. 
 
 V 27; 111. VI 7; Iowa V 9; Kan. Ill 13; Mo. VI 33; 
 Mont. VIII 29; N.D. IV 99; Ohio IV 14; S.C. V 9; Tenn. 
 
 VI 7; Wyo. V 17.) 
 Increase or decrease prohibited during term for which 
 elected, unless vacation occurs; successor of former in- 
 cumbent to receive only salary provided by law at time 
 of election or appointment. (Nev. VI 15.) 
 Decrease prohibited during continuance in office. (Ind. VII 
 
 13; Me. VI 2; Minn. VI 6; Miss. VI 166; E. I. X 6.) 
 Decrease prohibited during term for which elected. (Ga. 
 VI Sec. XIII 2; Ida. V 37; 111. VII 6; Iowa V 9; Mo. 
 VI 33; Mont. VIII 29; N.D. IV 99; Ohio IV 14; S.C. 
 
 V 9; Tenn. VI 7; Utah VIII 12; Wyo. V 17.) 
 Decrease prohibited during term for which elected after 
 
 adjournment of next legislature. (Ark. VII 10.) 
 Payable by state. (Ariz. VI 10; Cal. VI 17; Mont. VIII 
 
 29; Va. VI 103; Wash. IV 13.) 
 Payable out of state treasury. ( Ga. VI Sec. XIII 1 ; Nev. 
 
 XVII 5; Utah VIII 20.) 
 Provisions to be made for setting apart from each year's- 
 
 revenue sufficient to pay. (Nev. VI 15.)
 
 Ixdex Digest 59S 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Judges (Cont'd) 
 
 Gompensa tion ( Con t'd ) 
 
 Payable as provided by law. (Wis. VII in.) 
 Payable at stated times. (Ark. VII 10; hid. VII 13; Kan. 
 Ill 13: Ky. 112: Me. VI 2: Minn. VI 6 ; .Mo. VI 33; 
 Ohio IV 14; Term. VI 7; Utah VIII 20; Wash. IV 13.) 
 Payable monthly. ( Cal. VI 17. 
 
 Payable monthly, on their own warrant. (La. 86.) 
 Payable quarterly. (111. VII 6; Mont. VIII 29; Nev. XVII 
 
 5; N/JST. VII 2: Wash. IV 1 1 
 No judge to receive salary until he makes and subscribes an 
 affidavit that no cause in his court remains pending unde- 
 cided that has been submitted for a decision for period of 
 
 90 days. (Cal. VI 24.) 
 Same; 30 days. (Ida. V 17.) 
 
 Conservator of Peace 
 
 To be throughout state. (Ark. VII 4; Iowa V 7: Ivy. 113; 
 Mo. VI 5; N.M. VI 21; Okla. VIII 3; Utah VIII 21.) 
 
 Dual Office Holding 
 
 Not to hold seat in legislature. (Ark. V 7; Conn. X 4; 
 
 Mass: Amend. 8; Vt. II 50.) 
 
 Not to hold seat in legislature; election and taking seat in 
 
 legislature vacates office. (Me. IX 2; N.J. IV Sec. V 3.) 
 
 Not to hold any office while he remains in office. (Mont. 
 
 VIII 35.) 
 Not to hold anv office of trust while he remains in office. 
 
 iVa. VI 105.) 
 
 Not to hold any office of trust or profit under state. (Ida. 
 
 V 7. ) 
 
 Not to hold any office of trust or profit under state or 
 United States.* (Ark. VII 10; Term. VI 7.) 
 
 Not to hold any office under another government or under 
 state except as constitution permits. (N.H. II 02.) 
 
 Not to hold office in statu .in ring term for which elected. 
 
 (Iowa V 3.) 
 
 Not to hold any office of trust or profit under state or 
 United States during term for which elected. Kan. 
 
 III 13.) 
 
 Not to hold any office of trust or profit under state or 
 United States or any otlu-r power. iS.C V &.) 
 
 Not to hold any office of trust or profit under state or 
 United States; all such elections or anointments by peo- 
 ple, legislature or otherwise, void. (Minn. VI 11; <>hio 
 
 IV 14.) 
 
 Not to hold any office under 3tate or United States ex 
 justice of peace. (Me. VI 0.)
 
 394 State Constitutions 
 
 COURTS {Cont'd) 
 
 Highest Court {Cont'd) 
 Judges (Cont'd) 
 
 Dual Office Holding {Cont'd) 
 
 Not to hold any office or public trust other than judicial; 
 all such elections by people or legislature void. (N.Y. 
 
 VI 10.) 
 Not to hold any office or public employment other than ju- 
 dicial office during term for which elected. (Colo. VI 
 18; Wash. IV 15; Wyo. V 27.) 
 Not to hold any office or public employment other than 
 judicial office during term for which elected; all such 
 elections or appointments by people, legislature or other- 
 wise, void. (Nev. VI 11; N.D. IV 119; S.D. V 35; Wis. 
 
 VII 10.) 
 Not to hold any office other than judicial office; shall not be 
 
 nominated or elected thereto. (N.M. VI 19.) 
 Not to hold the office of governor, lieutenant-governor, 
 treasurer of state, surveyor-general or sheriff. (Vt. II 
 
 50.) 
 Not to hold office of attorney-general, county attorney, 
 treasurer of state, adjutant-general, judge of probate, 
 register of probate, register of deeds, sheriff, deputy- 
 sheriff or clerk of any of the courts. (Me. IX 2.) 
 Not to hold office of governor, lieutenant-governor or coun- 
 cillor. (Mass. Amend. VIII.) 
 Acceptance of seat in Congress vacates office. (Me. IX 2.) 
 Election, Time of 
 
 As to whether elected or appointed, See below, this subdivi- 
 sion, Judges — How Selected. 
 As prescribed by law, legislature may provide for election 
 on different day from that on which an election is held 
 for any other purpose, and for this purpose may extend 
 or abridge term of office of any judge then holding office, 
 but not in any case more than six months. (Colo. VI 
 
 15; S.D. V 26.) 
 As prescribed by legislature. (Colo. VI 8.) 
 At biennial spring election. (Mich. VI 2.) 
 At election of judges in city of Baltimore (applies to judge 
 elected from city of Baltimore only.) (Md. IV 14.) 
 At general state biennial election next preceding the be- 
 ginning of their respective terms. (Okla. VI 6.) 
 At general state election. (Ariz. VI 3, VI 5; Cal. VI 3; 
 Iowa V 2; Nev. VI 3; N.D. IV 90; Tex. V 2; Wash. 
 
 IV 3.) 
 At general state election next preceding the termination of 
 
 their respective terms. (Nebr. XVI 13.) 
 At time and place prescribed for election of members of 
 
 legislature. (Fla. V 2.) 
 At time and place prescribed for election of members of 
 lower house of Congress. (N.M. VI 4.)
 
 Index Digest 395 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Judges (Cont'd) 
 
 Election, Time of (Cont'd) 
 
 At time and place prescribed for election of members of 
 
 lower house of Congress until otherwise prescribed by 
 
 legislature; change not to affect right of judge to hold 
 
 for full term. (Ala. VI 152, 155, 156.) 
 
 At time and place prescribed for election of state officers. 
 
 (Cal. VI 3.) 
 At time of governor and state house officers. (Ga. VI Sec. 
 
 II 8.) 
 At time state officers are elected. (Wyo. V 4.) 
 At time state officers are elected unless otherwise prescribed 
 
 by legislature. (Wash. IV 3.) 
 Exemption from Military Duty 
 
 May be exempted. (Me. VII 5.) 
 Free Passes, etc. 
 
 During term of office not to accept, hold or use free pass nor 
 purchase, receive or accept transportation over railroad 
 within state for himself or family on terms not open to 
 general public, and on conviction to forfeit office, be 
 guilty of felony and punished by fine of not more than 
 $1,000 or by imprisonment in penitentiary not less than 
 one nor more than five years. (N.M. XX 14.) 
 77 oio Selected 
 
 Appointed by governor; state to be divided into three ju- 
 dicial districts; one judge from each district; removal of 
 judge to state capital not to prevent his reappointment 
 from district of original appointment. (Miss. VI 145.) 
 Appointed by governor with advice and consent of senate. 
 
 (N.J. VII Sec. II 1.) 
 On nomination of governor appointed by legislature in man- 
 ner prescribed by law. (Conn. Amend. XXVI.) 
 Appointed by governor with advice and consent of council; 
 nomination to be made seven days prior to appointment. 
 
 (Me. V Pt. I 8.) 
 Appointed by governor and council; nomination made at 
 least three days prior to appointment and no appointment 
 to take place unless majority of cowncil agree. Governor 
 and council to have negative on each other both in nomi- 
 nation and appointment, every nomination and appoint- 
 ment to be signed by governor and council and every 
 negative to be signed by " the governor or council who 
 made the same". (N.H. II 45, 46.) 
 Appointed by governor with advice and consent of council; 
 nomination made by governor at least seven days prior to 
 appointment. (Mass. Pt. II Ch. II Sec. I 0.) 
 Elected by joint vote of both houses of legislature. I R.I. \ 
 
 4; S.C. V 2; Va. VI 91.)
 
 o9G State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Cottbt [Cont'd) 
 Judges (Cont'd) 
 
 How Selected (Cont'd) 
 
 Elected by joint vote of both houses of legislature, presiding 
 officer of senate to have casting vote and no other. (Vt. 
 
 II 42.) 
 
 Elected by qualified voters of state at large. (Ala. VI 152; 
 Ark. VI 6; Cal. VI 3; Colo. VI G; Fla. V 2; Ga. VI Sec. 
 II 8: Ida. Ill 6; Iowa V 3; Kan. Ill 2; Mich. VI 2; Minn. 
 VI 3: Mo. VI 5; Mont. VIII 6; Xebr. VI 4; Nev. VI 3; 
 N.M. VI 4; N.Y. VI 7; X.D. IV 90; Ohio IV 2; Ore. VII 
 1; Pa. V 2; Tenn. VI 3; Tex. V 2; Utah VIII 2; Wash. 
 IV 3; W.Va. VIII 2; Wyo. V 4.) 
 
 Elected by voters of state at large by those qualified to vote 
 for members of legislature. (X.C. IV 21.) 
 
 Elected by voters of state at large on non-partisan ballot. 
 
 (Ariz. VI 3.) 
 
 Elected by voters of state at large; state divided into dis- 
 tricts to- correspond to the number of members of court; 
 candidate for each district receiving the highest number of 
 votes cast in state to be judge elected in district; judge 
 nominated by political parties or by petition in their 
 respective districts-. (Okla. VII 3.) 
 
 Elected by voters of state at large; state divided into dis- 
 tricts to correspond to the number of members of court; 
 districts formed of contiguous territory; as nearly equal in 
 population as may be without dividing . a county. One 
 judge elected from each district. (Ind. VII 3.) 
 
 Elected by voters of state at large; state divided into dis- 
 tricts to correspond to the number of members of court; 
 districts to be formed of contiguous territory as nearly 
 equal in population as may be; redistricted every 10 years 
 or when change in number of judges; but not to effect 
 removal of judge till end of term for which elected. (Ky. 
 
 116.) 
 
 State divided into districts corresponding to number of mem- 
 bers of court; boundaries may be changed only at session 
 of legislature next preceding election and change to be 
 upon rule of equality of population as nearly as county 
 boundaries will allow, and districts to be composed of con- 
 tiguous counties in as nearly compact form as circum- 
 stances will permit ; alteration of districts not to affect 
 tenure of office of any judge; election every nine years in 
 the respective districts wherein the term of judges expire. 
 
 (111. VI 5, 6.) 
 
 Elected by voters of state at large chosen from districts. 
 
 (S.D. V 5.) 
 
 Elected as now provided by law. (Wis. VII 4.) 
 
 Elected by voters of district; four districts specifically de- 
 lineated in constitution. (La. S7.)
 
 Ixdex Digest 39' 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Judges (Cont'd) 
 
 Eotv Selected (Cont'd) 
 
 When two judges arc to lie chosen for term of same length 
 each voter to vote for only one: when three, each voter to 
 vote for only two; candidate highest in vote, elected. (Pa. 
 
 V.16.) 
 Court composed of chief judges of tirst seven of judicial cir- 
 cuits (elected in circuits i and judge from Baltimore 
 elected by voters of that city. ( Md. IV 14.) 
 State judges are elected as such and not as judges of any 
 particular court. Legislature may designate state judges 
 to compose court for purpose of issuing writs of prohib- 
 ition, certiorari and mandamus to inferior courts of record 
 and to designate judges to exercise this power in vacation. 
 Upon writs of error to inferior courts of record, court to 
 be composed of chancellor and such of other five state 
 judges as did not sit in court below. Upon appeal from 
 court of chancery, court to be composed of chief justice of 
 state and four state judges. If chief justice of state has 
 acted in court below, court to be composed of four state 
 judges. (Del. IV 12 (5), 13. 14, 16.) 
 Time of election, $fee above, tlris suhdifixion, Judges — Elec- 
 tion, Time of. 
 Impeachment. See Impeachment. 
 Location of Office 
 
 State to provide furnished offices for judges and use of state 
 library at seat of government. (Mo. VI 10.) 
 Non-Judicial Duties 
 
 Not to be imposed. (N.D. IV 90; Pa. V 21 ; Wyo. V 16.) 
 Not to be imposed except as provided in constitution; no 
 duties or functions shall ever be attached by law to judge. 
 
 (La. 96.) 
 Number 
 
 Chief justice and associate justices. (Mich. VII 2.) 
 Chief justice and associate justices now in office; whenever 
 majority of judges certify to governor that court is unable, 
 from accumulation of cases, to hear and dispose of them 
 with reasonable s)x'ed. <rovernor bb Stagnate not more than 
 four judges of general trial court to serve as associate 
 judges of highest court, until undisposed cases reduced to 
 
 200. (x.v. vi ; 
 
 Chief justice and such associate indues as prescribed by law. 
 
 (Ala. VI 151.) 
 
 Three. I Ida. V li J RfiSs. VI 145: Xev. VI 2: Tex. \ 2; Wyo. 
 
 . V 4.1 
 Three: mav be increased to fi\e. provided a majority of meni- 
 
 Kci's elected to each fetffafeel -hall cofcettt-. ( Nev. V! 
 Three; may be increased to five after publication of federal 
 
 census in 1920. (N.M. VI 10.)
 
 398 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Judges (Cont'd) 
 
 Number (Cont'd) 
 
 Three; may be increased to five. (S.D. V 4; Utah VIII 2.) 
 
 Three; when population of state amounts to 1,000,000, may 
 be increased to five. (Ark. VII 2, 3.) 
 
 Three; may be increased or diminished, provided court con- 
 stituted of at least three. (Ariz. VI 2.) 
 
 Three; may be increased, provided court constituted of at 
 least three and not more than five. (Mont. VIII 5.) 
 
 Three; but legislature may increase or diminish not more 
 than one a session; diminution of number not to effect 
 removal of judge. (Iowa V 2, 10.) 
 
 Three; may be increased to four by a two- thirds vote of 
 
 legislature. (Minn. VI 2.) 
 
 Not less than three nor more than five. (Ind. VII 2.) 
 
 Five; until otherwise prescribed by law. (Okla. VII 2.) 
 
 Five. (La. 86; N.C. IV 6; N.D. IV 89; S.C. V 2; Tenn. 
 VI 2; Va. VI 88; W.Va. "Judicial Amend.") 
 
 Five; legislature may increase. (Wash. IV 2.) 
 
 Not less than five nor more than seven. (Ky. 113.) 
 
 Six. (Ga. VI Sec. II 1.) 
 
 Six; number may be changed by law, provided court con- 
 stituted of at least three and not more than six; but exer- 
 cise of power not to effect removal of judge. (Fla. V 2.) 
 
 Chancellor, judges of intermediate appellate court and six 
 other judges. (N.J. VI Sec. II 1.) 
 
 Seven. (Cal. VI 2; Colo. VI 5; 111. VI 2; Kan. Ill 2; Mo. 
 VI 1 ; Nebr. VI 2 ; Pa. V 2 ; Wis. VII 4. ) 
 
 Seven, until otherwise prescribed by law ; to change number, 
 two-thirds of members elected to each house shall concur; 
 exercise of power not to effect removal of judge. (Ohio 
 
 IV 2, 15.) 
 
 Eight. (Md. IV 14.) 
 
 When any two of judges desire it, on any cause or question, 
 chief justice, or in his absence, presiding associate justice 
 to call to the assistance of highest court all judges of the 
 general trial court. A majority of all judges of highest 
 court and general trial court shall constitute a quorum. 
 If number is equal, one of the judges of the general trial 
 court to be determined by lot, shall retire. General trial 
 court judge who tried the case shall not sit. A decision of 
 the majority of the judges sitting shall be final. Chief 
 justice of highest court shall preside, or in his absence, pre- 
 siding associate justice of highest court; a similar court 
 may be called whenever, upon hearing of any cause or 
 question, it shall appear to judges, or any three (majority) 
 of them, that there is involved a question of constitutional 
 law or of conflict between the constitution and laws of state
 
 Index Digest 399 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Judges (Cont'd) 
 
 Number (Cont'd) 
 
 and of United States, or between duties and obligations of 
 citizens under same, upon determination of which entire 
 court is not agreed. (S.C. V 12.) 
 Ad litem appointees, See above, this subdivision, Judges — 
 
 Ad Litem Appointees. 
 Oath of Office 
 
 Take and subscribe; specifically prescribed; examination 
 
 allowed. (Ore. VII 7.) 
 Take and subscribe; substance set forth; oath filed with sec- 
 retary of state. (Ariz. VI 21; Wash. IV 28.) 
 Filed with secretary of state. (Colo. XII 9; Okla. XV 2.) 
 Power at Chambers 
 
 As provided by legislature. (S.C. V 25.) 
 Power of Appointment 
 
 As provided in constitution. (Wyo. V 16.) 
 Attorney-general. (Tenn. VI 5.) 
 
 None except as provided in constitution. (N.D. IV 96; Pa. 
 
 V21.) 
 None except to appoint court clerk, reporter and court crier. 
 
 (Mich. VI 6.) 
 Power to Act in Other Districts 
 
 Legislature to provide for interchange of judges. (La. 112.) 
 When judge of other district is disqualified. (Wyo. V 6.) 
 When required. (Va. VI 97.) 
 
 When required by governor. (Cal. VI 8; Fla. V 8; Utah 
 
 VIII 5; Wash. IV 5.) 
 When required by law. (Colo. VI 12; Tex. V 11; Wis. 
 
 VII 2.) 
 Power to Hold Preliminary Examinations 
 
 In cases of felony. (Utah VIII 21.) 
 Prohibited from Sitting 
 
 For substitutes, See above, this subdivision, Judges — Ad 
 
 Litem Appointees. 
 Has presided in case in inferior court. (Utah VIII 13.) 
 Review of decision made by him or by court of which he wan 
 
 at time a sitting member. (N.Y. VI 3.) 
 When writ of error brought, no justice who gave judicial 
 opinion in cause in favor of or against any error com- 
 plained of, to sit or have voice in hearing, but reasons for 
 such opinion shall be assigned to court in writing. (N.J. 
 
 VI Sec. II 5.) 
 When an appeal from an order or decree shall be heard chan- 
 cellor shall inform court in writing of reasons, but shall 
 not sit as a member or have a vote in hearing or fin:il 
 
 sentence. (N.J. VI Sec. II 5.) 
 Interested in case. (N.D. IV 100; Tex. V 11; Wyo. V 6.) 
 Has been counsel in case. (Tex. V 11; Utah VIII 13.)
 
 400 State Constitutions 
 
 COURTS [Cont'd) 
 
 Highest Court (Cont'd) 
 Judges (Cont'd) 
 
 Prohibited from Sitting (Cont'd) 
 
 Connected with party in ease by affinity or consanguinity 
 
 within degree of first cousin. (Utah VIII 13.) 
 Connection with either party by affinity or consanguinity 
 
 within degree prescribed by law. (Tex. V 11.) 
 Connected with party in case by affinity or consanguinity 
 within degrees prescribed by law; has been counsel in case; 
 has presided in case in inferior court; interested in case; 
 judge disqualified may preside by consent of parties. 
 
 (Tenn. VI 11.) 
 No more than seven shall sit in any case. (N.Y. VI 7.) 
 Prohibitions on Practice of Lan- 
 
 Shall not act as attorney or counsellor. (Colo. VI 18; Nebr. 
 
 VI 14; N.D. IV 117; S.D. V 31; Wyo. V 25.) 
 Shall not practice law in any court of record in state or act 
 
 as referee. (N.Y. VI 20.) 
 Shall not practice law in any court of state. (Kan. Ill 13; 
 
 Mont. VIII 31.) 
 Shall not practice law in any court, state or federal, in state. 
 
 (Ark. VII 25.) 
 Shall not practice law within or without state. (Va. VI 
 
 105.) 
 Qualifications — Age 
 
 At least 35 years of age. (Ky. 114; La. S6; Tenn. VI 3.) 
 At least 30 years of age. (Ariz. VI 13; Ark. VII 6; Colo. 
 VI 10; Ga. VI Sec. XIV 1; 111. VI 3; Miss. VI 150; Mo. 
 VI 6; Mont. VIII 10; Nebr. VI 7; N.D. IV 94; Okla. VII 
 3; S.D. V 10; Tex. V 2; Utah VIII 3; Wyo. V S.) 
 At least 25 years of age. (Fla. V 3; Wis. VII 10.) 
 At least 26 years of age. (S.C. V 10.) 
 Qualifications — Attorn* ;i 
 
 Admitted to practice. (Fla. V 3; Utah VIII 3.) 
 Admitted to practice for at least five years in state next pre- 
 ceding appointment. (Miss. VI 150.) 
 Admitted to practice for at least seven years. (Ga. VI Sec. 
 
 XIV 1.) 
 Admitted to practice in courts of record of state. (Wash. 
 
 IV 17.) 
 Admitted to practice in highest court of state. (Cal. VI 23; 
 
 Mont. VIII 10.) 
 Admitted to practice in highest court of state for at least 
 
 five years. (Ariz. VI 13.) 
 Admitted to practice in state. (N.Y. VI 20.) 
 Admitted to practice in state for at least five years next pre- 
 ceding election. (S.C. V 10.) 
 Admitted to practice in state for at least 10 years preceding 
 election or appointment. (La. SG.)
 
 Index Digest 401 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Judges (Cont'd) 
 
 Qualifications — Attorney ( Cont'd\ 
 
 Admitted to practice in this or some other state or held 
 judicial station in United States for at least five years. 
 
 (Va. VI 91.) 
 Admitted to practice or whose services as judge of a court 
 having general nisi priits. or similar jurisdiction, when 
 added to time he may have practiced, amounts to at least 
 
 eight years. (Ky. 114.) 
 Admitted to practice, or whose services as judge of any court 
 of record, when added to time he iu.i\ have practiced, 
 amounts to at least five years. (Okla. VII 3.) 
 Admitted to practice, or whose services as judge of any court, 
 when added to time he may have practiced, amounts to at 
 least nine years. (Wyo. V S.) 
 Admitted to practice or whose services as judge, when added 
 to time he may have practiced, amounts to at least eight 
 
 years. (Ark. VII 6.) 
 Admitted to practice or whose services as judge, when added 
 to time he may have practiced, amounts to at least seven 
 
 years. (Tex. V 2.) 
 Qualifications — Character 
 
 Moral character good. (Ark. VII 6.) 
 Qualifications — Citizenship 
 
 Citizen of state. (Ky. 114; Mo. VI 6; S.C. V 10.) 
 Citizen of state for five years next preceding appointment. 
 
 (Miss. VI 150.) 
 Citizen of state for three years. (Ga. VI Sec. XIV 1.) 
 Citizen of United States. (Ark. VII 6; Colo. VI 10; 111. VI 
 3; La. 86; Mont. VIII 10; Nebr. VI 7; N.D. IV 94; Okla. 
 VII 3; S.C. V 10; S.D. V 10; Tex. V 2; Wis. VII 10; 
 
 Wyo. V 8.) 
 Citizen of United States for five years next preceding election 
 
 or appointment. (Mo. VI 6.) 
 Qualifications — Education 
 
 Must be learned in law. (Ariz. VI 13; Ark. VII 6; Colo. VI 
 10; La. 86; Minn. VI 6: Mo. VI 6; X.D. IV 94; S.D. V 
 10; Utah VIII 3; Wyo. V S.) 
 Qualifications — Elector 
 
 A qualified elector within district for which chosen. (Wis. 
 
 VII 10.) 
 Qualifications — Residence 
 
 Resided in district from which elected, find. VTT 3.) 
 
 Not more than two (out of possible fivc'i shall reside in any 
 
 one of the grand divisions of the state. (Term. VI 1.) 
 Resided in state two years. (Ark. VII 6.) 
 Resided in state two vears next preceding election. (Colo. 
 
 VI lit; Mom. VITI lO.i
 
 402 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Judges (Cont'd) 
 
 Qualifications — Residence ( Cont'd) 
 
 Resided in state two years and district from which elected 
 
 one year. (Okla. VII 3.) 
 Resided in state two years next preceding election, and a resi- 
 dent of district for which elected at time of election; but 
 for purpose of re-election shall not be deemed to have lost 
 his residence in district by reason of removal to seat of 
 government in discharge of official duties. (S.D. V 10.) 
 Resided in state three years. (N.M. VI 8; Wyo. V 8.) 
 Resided in state three years next preceding election. (N.D. 
 
 IV 94; Nebr. VI 7.) 
 Resided in state five years before election. (Tenn. VI 3.) 
 Resided in state five years next preceding election. (Ariz. 
 
 VI 13; Utah VIII 3.) 
 Resided in state five years next preceding election; resident 
 
 of district for which elected. ( 111. VI 3. ) 
 Resided in state five years and in district in which elected 
 
 two years next preceding election. (Ky. 114.) 
 Residence during term, See below, this title, Judges — Resi- 
 dence. 
 Re-Election 
 
 Not eligible. (Pa. V 2.) 
 Removal 
 
 By governor upon address of legislature. (Ark. XV 3; Conn. 
 
 Amend. XII; Ky. 112; Tex. XV 8; Wis. VII 13.) 
 By legislature. (Cal. VI 10; Kan. Ill 15; Nev. VII 3; 
 
 N.Y. VI 11; N.C. IV 31.) 
 
 By legislature; not to be entertained in any other than 
 
 annual session for the election of public officers. (R.I. 
 
 X 4.) 
 Vote required, a majority of each house. (R.I. X 4.) 
 Vote required, two-thirds of each house. (Cal. VI 10; Conn. 
 Amend. XII; Kan. Ill 15; Ky. 112; Nev. VII 3; N.C. IV 
 
 31; Tex. XV 8.) 
 Vote required, two-thirds of members elected to each house. 
 
 (Ark. XV 3; N.Y. VI 11; Wis. VII 13.) 
 For cause. (Ark. XV 13; Kan. Ill 15; N.Y. VI 11.) 
 For mental or physical disability. (N.C. IV 31.) 
 For reasonable cause. (Ky. 112.) 
 
 For reasonable cause which may not be sufficient ground for 
 
 impeachment. (Nev. VII 3.) 
 For wilful neglect of duty, incompetency, habitual drunken- 
 ness, oppression in office or other reasonable cause which 
 shall not be sufficient ground for impeachment. (Tex. 
 
 XV 8.) 
 For acceptance of free passes, etc., See above, this subdivi- 
 sion, Judges — Feee Passes, etc.
 
 Index Digest 403 
 
 COURTS (Cont'd) 
 
 Highest Coukt (Cont'd) 
 Judges (Cont'd) 
 
 Removal (Cont'd) 
 
 Causes entered on journal. (Cal. VI Hi; Kan. Ill 15; Nev. 
 
 VII 3; N.Y. VI 11.) 
 Causes entered at length on journal. (Ky. 112; Tex. XV 8.) 
 Yeas and nays entered on journal. (Cal. VI 10; Tex. XV 8.) 
 Incumbent to be served with copy of complaint. (Cal. VI 10; 
 
 Nev. VII 3; N.Y. VI 11; Wis. VII 13.) 
 Incumbent to be served with copy of complaint at least 
 20 days before day on which either house acts. (N.C. 
 
 IV 31.) 
 Incumbent to have notice. (Tex. XV 8.) 
 Incumbent to have opportunity to be heard. (Cal. VI 10; 
 
 N.Y. VI 11; Tex. XV 8; Wis. VI 13.) 
 Incumbent to have opportunity to be heard in person or by 
 
 counsel. (Nev. VII 3.) 
 Residence 
 
 Within the state. (Pa. V 19.) 
 At seat of government. (Nebr. VI 4.) . 
 
 To reside in district for which elected. ( 111. VI 5, 32 ; S.D. 
 
 V37.) 
 As qualification for office, See above, this subdivision, Judges 
 
 — Qualifications. 
 Retirement on Account of Age 
 
 On reaching 70. (Conn. Amend. XII.) 
 
 On reaching 75 full pay provided, if served continually not 
 less than 15 years prior to retirement. (La. 86.) 
 Term of Office 
 
 As prescribed by law. (Mich. VII 2.) 
 
 Best policy that judges hold office as long as they behave 
 themselves well; subject to constitutional limitations on 
 
 account of age. (N.H. I 35.) 
 Two years. (Vt. II 44.) 
 Four years. (Kan. Ill 5.) 
 
 Six years. (Fla. V 2; Ida. V 6; Ind. VII 2; Kan. Ill 2; 
 Mont. VIII 7; Nev. VI 3; N.M. VI 12; Okla. VII 3; 
 
 Wash. IV 3.) 
 
 Six years and until successors elected and qualified. (Ariz. 
 
 VI 3; Ga. VI Sec. II 4; Iowa V 3; Minn. VI 3; Nebr. 
 
 VI 4, 5, 20; N.D. IV 91; S.D. V 8, 36; Tex. V 2.) 
 
 Six years and until successors are elected or appointed and 
 
 qualified. (Ala. VI 155.) 
 Six years; may be extended; extension not to affect term for 
 
 which judge elected. (Utah VIII 2, 24.) 
 As prescribed by law; not less than six years. (Ohio IV 2, 
 
 XVII 2.) 
 Eight years. (Ark. VII 6; N.M. IV 6; Tenn. VI 3; Wyo. 
 
 IV 4.)
 
 404 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Judges (Cont'd) 
 
 Term of Office (Cont'd) 
 
 Eight years and until successors are qualified. (Ky. 112; 
 
 N.C. IV 21, 25.) 
 Nine years. (Miss. VI 149.) 
 
 Nine years; to hold until successors qualified. (111. VI 6, 
 
 32.) 
 Ten years. (Colo. VI 6; Mo. VI 2; Wis. VII 4.) 
 Ten years and until successors are elected and qualified. 
 
 (S.C. V 2.) 
 Twelve years. (Cal. VI 3; La. 86; W.Va. VIII 2.) 
 Fourteen years. (N.Y. VI 7.) 
 Twenty-one years. (Pa. V 2.) 
 
 To hold until office declared vacant by resolution of legisla- 
 ture. (E.I. X 4.) 
 Ends at different times for different members of court; 
 specific provisions producing this result. (Ala. VI 156; 
 Ariz. VI 3; Ark. VI 6; Cal. VI 3; Colo. VI 8; Fla. V 2; 
 Ga. VI Sec. II 4. 8; Ida. V 6; Iowa V 3; Kan. Ill 2; 
 Mich. VII 2; Miss. VI 149; Mo. VI 8; Mont. VIII S; 
 Nebr. VI 5; Nev. VI 3; N. M. VI 4, 10; N.D. IV 92; 
 Okhi. VII 6; Utah VIII 2; Va. VI 91; Wash. IV 3; 
 Wis. VII 4; Wyo. V 4.) 
 Begins at time prescribed by law. (Ohio IV 2.) 
 Begins 1st day of January next succeeding election. (Iowa 
 
 V 11; N.Y. VI 7.) 
 Begins on first Monday in January next succeeding election. 
 
 (Ariz. VI 3; Nev. VI 3; Wyo. IV 4.) 
 Begins first -Tuesday after first Monday in January next 
 
 succeeding election. (Fla. V 2.) 
 Begins second Monday in January next succeeding election. 
 (Okla. VII 4; Wash. IV 3.) 
 Vacancies 
 
 Filled by appointment of governor until successor shall be 
 elected and qualified. ( Tex. V 28; Wis. VII 9; Wyo. V 4.) 
 Filled by appointment of governor until successor shall be 
 elected and qualified in such manner as prescribed by law. 
 (Ida. TV 6; Utah VII 10.) 
 Filled by appointment of governor until successor shall be 
 elected and qualified; successor elected for unexpired 
 term. (Mont. VIII 34: Nev. XVII 22.) 
 Filled by appointment by governor until next general elec- 
 tion. (S.D. V 5, 37.) 
 Filled by appointment of governor until successor shall be 
 elected and qualified; successor elected at first general 
 election, for unexpired term. (Ariz. VI 3; Cal. VI 3; 
 Ga. VI Sec. II 4, 8; N.M. V 5; N.D. IV 98; Okla, VII 3; 
 
 Wash. IV 3.)
 
 I.M'KX I)|«,i:si 111.") 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Judges (Cont'd) 
 
 Vacancies (Cont'd) 
 
 To be filled by appointment of gi>ven...r. unless otherwise 
 provided for; appointees to liold places until next regular 
 election for members of legislature. It person elected or 
 appointed to any office neglect to quality, .such office Bhall 
 be appointed to, held and filled, as provided in case of 
 vacancies. (N".C. IV 6, 25.) 
 
 Filled by appointment of governor until successor shall lie 
 elected and qualified; suoeessqr, elected at firsl general 
 election occurring more than 30 days after vacancy, 
 for unexpired term. (Nebr. VI 21.) 
 
 Filled by appointment of governor until successor shall be 
 elected and qualified; successor elected at fust general 
 election occurring more than six months after vacancy, 
 for unexpired term. (Ala. VI 15S.) 
 
 Filled by appointment of governor until successor shall be 
 elected and qualified; successor elected at first general 
 election, for unexpired term; if unexpired term does not 
 exceed one year, governor to appoint. (Colo. VI 29.) 
 
 Filled by election but if unexpired term does not exceed one 
 year by appointment by governor. (111. VI 2. 32.) 
 
 To be filled by special election, unless occurring nine months 
 before next general election, when filled by appointment 
 by governor. (Ark. VII 2, 50.) 
 
 Filled by appointment of governor until successor shall be 
 elected and qualified; suecessor electeil for unexpired 
 term; if unexpired term less than two year- vacancy 
 filled by appointment by governor. (W.Va. VIII 7.) 
 
 Filled by appointment of governor with advice and consent 
 of senate; if vacancy occurs in recess of senate, governor 
 appoints successor to hold office until session of senate. 
 
 (Miss. VI 151.) 
 
 Filled by appointment of governor by and with consent of 
 senate or without senate if senate not in session; until 
 the last day of December next after elect inn of successor; 
 successor elected at first general election occurring more 
 than three months after vacancy, for full term. Towers 
 and jurisdiction of court shall not be suspended for want 
 of appointment or election to fill vaeanev when the number 
 of judges is sufficient to constitute quorum, i X.V. VI 8.) 
 
 If caused by death, resignation, removal trmn state or from 
 office, refusal or inability to serve, tp he tilled by joint 
 vote of members of both houses in grand committee; suc- 
 cessor shall hold office until next annual election (by 
 legislature) ; in cases of impeaehment. temporary absence 
 or inabilitv. governor may appoint during vacancy. (R.I. 
 
 X 5.)
 
 406 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Cotjrt (Cont'd) 
 Judges (Cont'd) 
 
 Vacancies (Cont'd) 
 
 Member of legislature ineligible. (Nev. VII 3.) 
 Ad litem appointees. See above, this subdivision, Judges — 
 
 Ad Litem Appointees. 
 Writs 
 
 For power of court, See below, this subdivision, Writs. 
 Certiorari, power to issue same as when in open court. 
 
 (S.C. V 25.) 
 Certiorari, power to issue and to hear and determine in pro- 
 ceedings for contempt in general trial court." (Mont. 
 
 VIII 3.) 
 Certiorari, power to issue. (La. 94; KM. VI 3; Tex. V 3.) 
 Certiorari, power to issue in aid of its appellate and super- 
 visory jurisdiction. (Ark. VII 4.) 
 Error, power to issue. (N.M. VI 3.) 
 
 Error, power to issue in aid of appellate and supervisory 
 
 jurisdiction. (Ark. VII 4.) 
 Habeas corpus, power to issue. (Colo. VI 3; N.M. VI 3; 
 
 S.D. V 3.) 
 Habeas corpus, power to issue to any part of state upon 
 petition by or on behalf of any person in actual custody; 
 writs returnable to himself, highest court, intermediate 
 court of appeals or any judge thereof, or general trial 
 court or any judge thereof. (Cal. VI 4.) 
 Habeas corpus, power to issue to any part of state upon 
 petition by, or on behalf of any person held in actual 
 custody, and to make such writs returnable before himself, 
 or before court, or before any general trial court of state 
 or judge thereof. (Ariz. VI 4; Fla. V 5; Mont. VIII 3; 
 Okla. VII 2; Utah VIII 4; Wash. IV 4.) 
 Habeas corpus, power to issue upon petition by or on behalf 
 of a person held in actual custody and to make such writs 
 returnable before himself or before highest court or before 
 any of general trial courts or any judge thereof. (N.M. 
 
 VI 3.) 
 Habeas corpus, power to issue as may be prescribed by law. 
 
 (Tex. V 3.) 
 
 Habeas corpus, power to issue at instance of any person in 
 
 actual custody in any case where court has appellate 
 
 jurisdiction. (La. 93.) 
 Habeas corpus, power to issue in aid of its appellate and 
 
 supervisory jurisdiction. (Ark. VII 4.) 
 Habeas corpus, power to issue same at chambers as in open 
 
 court. (S.C. V 25.) 
 Injunction, power to issue. (N.M. VI 3.) 
 Injunction, power to issue orders same at chambers as in 
 
 open court. ( S.C. V 25. )
 
 Index Digest 407 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Judges (Cont'd) 
 
 Writs (Cont'd) 
 
 Interlocutory writs; power to issue same at chambers as in 
 
 open court. ( S.C. V 25. ) 
 Mandamus, power to issue. (La. 94; Tex. V 3.) 
 Mandamus, power to issue in aid of its appellate and super- 
 visory jurisdiction. (Ark. VII 4.) 
 Mandamus; power to issue same at chambers as in open 
 
 court. (S.C. V 25.) 
 Procedendo, power to issue. (Tex. V 3.) 
 Prohibition; power to issue. (La. 94; N.M. VI 3.) 
 Prohibition; power to issue same at chambers as in open 
 
 court. (S.C. V 25.) 
 Prohibition, power to issue in aid of its appellate and super- 
 visory jurisdiction. (Ark. VII 4.) 
 Quo warranto, power to issue. (La. 94.) 
 Quo warranto, power to issue in aid of its appellate and 
 
 supervisory jurisdiction. (Ark. VII 4.) 
 Quo warranto; power to issue same at chambers as in open 
 
 court. (S.C. V 25.) 
 Remedial writs, power to issue in aid of its appellate and 
 
 supervisory jurisdiction. (Ark. VII 4.) 
 Remedial writs, power to issue. (La. 94.) 
 Supersedeas, power to issue in aid of its appellate and 
 
 supervisory jurisdiction. (Ark. VII 4.) 
 Power to issue and to* hear and determine such writs as may 
 
 be authorized by law. (Mont. VIII 3.) 
 Power to issue all other writs necessary and proper for 
 the complete exercise of its jurisdiction. (N.M. VI 3.) 
 Power to issue such writs as may be necessary to enforce 
 its jurisdiction. (Tex. V 3.) 
 
 Judgments 
 
 See also above, this subdivision, Decisions. 
 
 To be final and conclusive. (Md. IV 15.) 
 
 Not to take effect until opinion in case filed with clerk. (Fla. 
 
 XVI 6; Xev. XV 8.) 
 
 If highest court of opinion after consideration of all matters 
 submitted, that judgment of court appealed from was such 
 as should have been rendered in such case, judgmenl to be 
 affirmed notwithstanding any error committed during trial; 
 or if in any respect judgment appealed from should be changed 
 and court can determine what judgment should have been 
 entered, to direct judgment to be entered with like effect as 
 decree now entered in equity cases, but court not authorized 
 to find defendant in criminal case guilty of offense for which 
 greater penalty is provided than that of which convicted in 
 lower court. (Ore. VII 3.)
 
 408 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Judicial Districts 
 
 See also above, this subdivision. Judges — How Selected. 
 Number 
 
 Vive, for purpose of selecting judges. (Okla. VII 22.) 
 State to be divided into five supreme court judicial districts 
 until legislature shall change number of members of court 
 at which time legislature shall redistrict state to con- 
 form to number of justices of highest court (object of 
 districting state to nominate one judge from each district; 
 judges are elected by voters of state at large). (Okla. 
 
 VII 3.) 
 Those for hearing cases may be altered, increased or dim- 
 inished in number by law. (111. VI 4.) 
 Those for hearing cases three in constitution; may be in- 
 creased by law to any number not exceeding five. (S.D. 
 
 V 6.) 
 Those for the purpose of electing judges, seven. (111. VI 5.) 
 Specific Desir/nations of 
 
 Specifically pointed out, (Okla. VII 23.) 
 
 Present grand divisions to be preserved; denominated, 
 
 southern, central and northern until otherwise prescribed 
 
 by law. (111. VI 4.) 
 
 Those for the purpose of electing supreme court judges 
 
 specifically pointed out until otherwise prescribed by law. 
 
 (111. VI 5.) 
 Juries 
 
 Trial of issues, proper for cognizance of a jury, to be by jury, 
 
 unless parties otherwise agree. (Vt. II 30.) 
 Power to summon when required to determine issue of fact, in 
 
 manner prescribed by law. (Mont. VIII 3.) 
 In exercise of original and exclusive jurisdiction over cases be- 
 tween counties, trial shall be to the court without a jury. 
 
 (Ariz. VI 4.) 
 Trial by jury not allowed. (Minn. VI 2; Wis. VII 3.) 
 Not to be allowed; in proper cases questions of fact may be sent 
 to general trial court, (N.D. IV 87; S.D. V 3.) 
 
 Jurisdiction — Appellate 
 In General 
 
 Appellate jurisdiction. (Miss. VI 140.) 
 
 As prescribed by law. (Ind. VII 4; Kan. Ill 3; Md. IV 
 
 14; Nebr. VI 2; Pa. V 3: R.I. XII 1; Va. VI 88.) 
 Appellate jurisdiction only, except as now prescribed by law. 
 
 (Tenn. VT 2.) 
 Appellate jurisdiction only, except as provided in consti- 
 tution. (Ala, VI 140; Ark. VII 4: Colo. VI 2; La. 85; 
 Mo. VT 2; Mont. VIII 2; NT). IV 86; S.D. V 2; Tex. 
 
 V 3; Wis. VII 3.)
 
 Index Digest 409 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 
 Jurisdiction — Appellate ( Con t '</ 1 
 In General (Cont'd) 
 
 Appellate jurisdiction only, under such rules and restrictions 
 as prescribed by law. (Ivy. 110.) 
 
 Appellate jurisdiction only, except cases relating to revenue, 
 mandamus and habeas corpus. (111. VI 2.) 
 
 Appellate jurisdiction only, except original jurisdiction given 
 to issue writs of habeas corpus, mandamus, quo warranto, 
 procedendo and other original and remedial writs, and to 
 bear and determine same, and to have a general superin- 
 tending control over all inferior courts. (Midi. VII 4.) 
 
 Appellate jurisdiction only, except original jurisdiction given 
 to issue writs of habeas corpus, quo warranto, mandamus, 
 certiorari and prohibition. (Utah VIII 4.) 
 
 Legislature may change the jurisdiction of the court in 
 matters not merely pecuniary. (Va. VI 88.) 
 
 Such other jurisdiction as may be conferred by law. (Okla. 
 
 VII 2 ; W.Va. VIII 3. ) 
 
 Where cases reviewable by highest court that court has ex- 
 clusive jurisdiction. (Mo. VI 5.) 
 
 Right to be heard in all cases in court of last resort by 
 appeal, error or otherwise not to be denied. (Nebr. I 24.) 
 
 Appeal not allowed to state in any case involving life or 
 liberty of person except in case involving violation of law 
 relating to state revenue. (Va. VI 8S.) 
 At Discretion of Highest Court 
 
 Competent for highest court to require, any case to be cer- 
 tified from intermediate court of appeals for its review 
 and determination, provided highest court shall in no 
 case exercise power conferred by this article unless appli- 
 cation be made to court, or one of the judges thereof, not 
 later than 30 days after decision of intermediate court 
 of appeals has been rendered and entered. (La. 101.) 
 
 In cases of public or great general interest, highest court 
 may, within such limitation of time as may be prescribed 
 by law. direct any intermediate court of appeal to certify 
 its record to highest court, and may review and affirm, 
 modify or reverse, judgment of said court. (Ohio IV 2.) 
 
 Competent for highest court to require any case to be cer- 
 tified from intermediate court of appeals, provided order 
 issues before judgment or within 30 days after judg- 
 ment. (Cal. VI 4.i 
 Described, by Cluiracter of Cases 
 
 Actions and proceedings, except that in civil actions at law 
 for recovery of money or personal property, the original 
 amount in controversy or the. value of the property must 
 be more than $200, unless the action involves the validity 
 of a tax. impost, assessment, toll, municipal fine or a 
 statute. (Ariz. VI 4; Wash. [V 4.)
 
 410 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 
 Jurisdiction — Appellate ( Cont'd ) 
 
 Described bj/ Character of Cases (Cont'd) 
 
 All matters of adoption, emancipation, legitimacy, custody 
 
 of children. (La. 85.) 
 Capital cases. (Ga. VI Sec. II 5.) 
 
 Cases at law. (Minn. VI 2; Okla. VII 2; R.I. XII 1.) 
 Cases at law, under limitations prescribed by law. (Ark. 
 
 VII 4; Mont. VIII 3.) 
 Cases in equity. (Iowa V 4; Minn. VI 2; Nev. VI 4; Okla. 
 
 VII 2; R.I. XII 1.) 
 Cases in equity, under limitations prescribed by law. (Ark. 
 
 VII 4; Mont. VIII 3; S.C. V 4.) 
 Cases involving a mill, road, way, ferry or landing. (W.Va. 
 
 VIII 3.) 
 Cases involving constitutionality of municipal ordinance or 
 law where ordinance or law has been declared unconstitu- 
 tional in the lower court; appeal directly to highest court. 
 
 (La. 85.) 
 Cases involving federal or state constitution under rules pre- 
 scribed by law. (La. S5; Ohio IV 2; Va. VI 88; W.Va. 
 
 VIII 3.) 
 Cases involving homestead exemptions. (La. 85.) 
 Cases involving liability for taxes, imposts, assessments, tolls 
 
 or municipal fines. (Cal. VI 4; Nev. VI 4.) 
 Cases involving life and liberty under rules prescribed by 
 
 law. (Va. VI 88; W.Va. VIII 3.) 
 Cases involving right of corporation or county to levy tolls 
 
 or taxes. (W.Va. VIII 3.) 
 Cases involving the constitutionality or legality of any tax, 
 toll, impost, fine, forfeiture or penalty imposed by mu- 
 nicipal corporations. (La. 85.) 
 Cases involving title or boundaries to land. (W.Va. VIII 3.) 
 Cases involving title or possession of real estate. (Cal. 
 
 VI 4.) 
 Cases involving title to mining claims. (Nev. VI 4.) 
 Cases involving title to real estate. (Nev. VI 4.) 
 Cases of felony on leave first obtained. (Ohio IV 2.) 
 Cases of felony on questions of law alone. (Nev. VI 4.) 
 Cases at law in which demand (exclusive of interest) or 
 
 value of property exceeds $300. (Nev. VI 4.) 
 Cases in which amount (exclusive of interest) or value of 
 property in controversy, amounts to $2,000. (Cal. VI 4.) 
 Cases where matter in dispute, or fund to be distributed, 
 
 exclusive of interest, exceeds $2,000. (La. 85.) 
 Civil cases where matter in controversy, exclusive of costs, 
 
 is above $100. (W.Va, VIII 3.) 
 Civil cases. (Wyo. V 2.) 
 Criminal cases. (Okla. VII 2; Wyo. V 2.)
 
 Index Digest 41 1 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 
 Jurisdiction — Appellate ( Cont'd ) 
 
 Described by Character of Cases (Cont'd) 
 
 Criminal cases on questions of law alone, where judgment 
 of death rendered, or imprisonment at hard labor may be 
 inflicted, or a fine exceeding $300, or imprisonment exceed- 
 ing six months. .(La. 85.) 
 Criminal cases on questions of law only where judgment of 
 
 death rendered. (Cal. VI 4.) 
 Accused to have right of appeal in all cases of felonious 
 homicide and in other criminal cases prescribed by law. 
 
 (Pa. V 24.) 
 Divorce and separation from bed and board; alimony, nullity 
 
 of marriage and interdiction. (La. 85.) 
 Limited to review of questions of law, except where judg- 
 ment is of death. (N.Y. VI 9.) 
 Limited to chancery cases, and shall constitute a court for 
 correction of errors at law, under rules prescribed by law 
 
 (Iowa V 4.) 
 Limited to chancery cases; in which to review findings of 
 fact as well as law, except where facts settled by jury, 
 and verdict not set aside; and shall constitute a court for 
 the correction of errors at law under regulations pre- 
 scribed by law. (S.C. V 4.) 
 Other cases not included in the general subdivision of law 
 
 and equity. (Nev. VI 4.) 
 Probate cases; appointment of guardians, committees, etc. 
 
 (W.Va. VIII 3.) 
 Probate cases as may be prescribed by law. ( Cal. VI 4. ) 
 Sole power to declare laws or city charters, or amendments 
 thereto, unconstitutional. (Colo. VI 1.) 
 Described by Courts 
 
 Appeals from and writs of error to general trial courts under 
 rules prescribed by law. (Mont. VIII 15; N.D. IV 109; 
 
 S.D. V 18; Wyo. V 18.) 
 Appeals from county courts as may be prescribed by law. 
 Writs of error shall lie from highest court to every final 
 judgment of county court. (Colo. VI 23.) 
 Appeals from ''court of chancery and to determine finally 
 all matters of appeals in the interlocutory or final •' 
 and to proceedings in chancery". (Del. IV 12 (4).) 
 Appeals from court of chancery when chief justice of state, 
 because of disqualification of chancellor, has decided case. 
 
 (Del. IV 16.) 
 Appeals from general trial court. (Ida. V 9; Utah VIII 9.) 
 Appeals from judges of probate until otherwise provided by 
 
 legislature. (X.I I. II 75.) 
 
 Appeals from supreme bench of Baltimore city (the appel- 
 late court of the city) to the same extern as would bave
 
 412 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 
 Jurisdiction — Appellate ( Cont'd) 
 Described by Courts (Cont'd) 
 
 been the rights of the parties if said matters had been 
 decided by the court in which said cases were tried. (Md. 
 
 IV 23.) 
 Appeals from and writs of error to general trial court, to 
 remain as now existing until otherwise prescribed by law. 
 
 (Ky. 127.) 
 Appeals in civil cases from the municipal court of the city 
 
 of Wheeling. (W.Va. VIII 19.) 
 Cases originating in the intermediate court of appeals. 
 
 (Ohio IV 2.) 
 From compulsory boards of arbitration under rules pre- 
 scribed by law. (Wyo. V 28.) 
 Over general trial court as now is or may be prescribed by 
 
 law not inconsistent with this article. (N.Y. VI 1.) 
 To extend to all final judgments and decisions of general 
 trial courts and said court shall have such appellate juris- 
 diction of interlocutory orders and decisions of the general 
 trial court as may be exercised by law. (N.M. VI 2.) 
 To issue writs of error to the general trial court for civil 
 cases only; determine finally all matters of error in the 
 judgments and proceedings of said court. (Del. IV 12 
 
 (!)•> 
 
 Writs of error and appeals may be allowed from county 
 courts to general trial courts or highest court in such 
 cases and in such manner as may be prescribed by law, 
 provided that no appeal or writ of error shall be allowed 
 to general -trial court from any judgment rendered upon 
 appeal from a justice of peace or police magistrate for 
 cities or towns. (S.D. V. 20.) 
 Described by Courts and Character of Cases 
 
 Appeals from general trial courts in matters of equity until 
 legislature shall establish courts of chancery. (Ark. VII 
 
 15.) 
 
 Appeals from general trial cotirt in all cases in equity except 
 such as arise in justices' courts. (Cal. VI 4.) 
 
 Appeals from court of general sessions in cases of prosecu- 
 tion under section 8, article V, bribery at elections; de- 
 termine finally all matters of appeal in such cases. (Del. 
 
 IV 12 (3).) 
 
 To issue writs of error to court of general sessions in all 
 cases in which sentence shall be death, imprisonment ex- 
 ceeding one month, or fine exceeding $100, upon applica- 
 tion trf accused after conviction and sentence, and in such 
 other cases as shall be provided by law, and to determine 
 finally all matters in error in the judgments and pro- 
 ceedings of said court; there shall be no writ of error in
 
 Index I)i.,k.-i M-'5 
 
 COURTS {Cont'd) 
 
 Highest Court (Cont'd) 
 
 Jurisdiction — Appellate ( Con t v/ 1 
 
 Described by Courts and Character of Chstos {icnit'd\ 
 
 cases of prosecution under section S. article V, of consti- 
 tution (prosecutions for bribery at elections). (Del. IV 
 
 12.) 
 
 Cases in law and equity originating in general trial courts 
 for civil cases only, and eases pertaining to probate juris- 
 diction and managements of estates of infants originating 
 before judges of the county courts and appealed to general 
 trial courts for civil cases only. (Fla. V 5.) 
 
 Cases of felony originating in criminal courts and in all 
 criminal cases originating in general trial courts. (Fla. 
 
 V 5.) 
 
 The court shall be a court alone for the trial and correction 
 of errors in law and equity, appeals from general trial 
 courts in all civil cases, whether legal or equitable, orig- 
 inating therein, or carried thereto from court of ordinary. 
 
 (Ga. VI Sec. II 5.) 
 
 Appeals from intermediate courts of appeal in all criminal 
 cases and in cases in which a franchise or freehold, or the 
 validity of a statute is involved and in such other cases 
 as may be provided by law. (111. VI 11.) 
 
 Appeals from St. Louis Court of Appeals to highest court, 
 and writs of error may issue from highest court to such 
 court in following cases only: In all cases where amount' 
 in dispute, exclusive of costs, exceeds the sum of $2,500; 
 in cases involving construction of constitution of the 
 United States or of this state; in cases where validity of 
 treaty or statute of or authority exercised under United 
 States is drawn in question; in cases involving construc- 
 tion of revenue laws of state or title of any office under 
 this state; in cases involving title to real estate: in cases 
 where county or other political division of state or any 
 state officer is party; in all cases of felony. (Mo. VI 12.) 
 
 Unanimous decision of intermediate court of appeals that 
 there is evidence supporting or tending to sustain findings 
 of fact or verdict not directed by court, not to be reviewed; 
 except where judgment is of death, appeals may be taken 
 as a right only from judgments or orders entered upon 
 decisions of intermediate court of appeals finally determin- 
 ing actions or special proceedings, and from orders grant- 
 ing new trials on exceptions, where appellants stipulate 
 that upon affirmance judgment absolute shall be rendered 
 against them; but intermediate court of appeals may in 
 any department allow appeal upon any question of law 
 which in its opinion ought to be reviewed by highesl 
 
 court. (N.Y. VI 9 |
 
 414 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Coubt (Cont'd) 
 
 Jurisdiction — Appellate ( Cont'd ) 
 
 Described by Courts and Character of Cases {Cont'd) 
 
 Appeals and proceedings in error shall be taken direct to the 
 highest court in all cases appealed from justices' courts 
 and in all criminal cases, and in all civil cases originally 
 brought in county court, in the same manner and by like 
 proceedings as appeals are taken to the highest court 
 from the judgment of the general trial court. (Okla. 
 
 VII 14.) 
 
 In appeals from general trial courts in equity cases, ques-' 
 tions of law and fact open; in cases at law, questions of 
 law alone. (Utah VIII 9.) 
 
 Until otherwise provided by law, shall extend to questions 
 arising in cases of appeals from intermediate courts of 
 appeal in civil cases in which the judges of said court 
 disagree or where the several courts may hold differently 
 on the same question of law, or where a statute of the 
 state is held void; to questions of law arising in cases 
 of which the intermediate courts of appeal in civil cases 
 have appellate jurisdiction, under such regulations as may 
 be prescribed by legislature. (Tex. V 3.) 
 
 Appeals from general trial court in administration of de- 
 cedents' estates and in cases of guardians, as shall be 
 prescribed by law. (Utah VIII 9.) 
 
 Criminal cases where there has been a conviction for felony 
 or misdemeanor in a general trial court and where a 
 conviction has been had in any inferior court and been 
 affirmed by general trial court. (W.Va. VIII 3.) 
 Express Limitations 
 
 Legislature may restrict the right of appeal; but the right 
 of appeal shall not depend upon the amount involved. 
 
 (N.Y. VI 9.) 
 
 None in civil case where matter in controversy, exclusive 
 of costs and interests accrued since judgment in the court 
 below, is less in value than $300, except in controversies 
 concerning title to or boundaries of land, condemnation 
 of property, the probation of a will, appointment or quali- 
 fication of personal representative, guardian, committee 
 or curator, or concerning a mill roadway, ferry landing or 
 the right of state, county or municipal corporation to 
 levy tolls or taxes or involving construction of any stat- 
 ute, ordinance or county proceeding imposing taxes, and 
 except in cases of habeas corpus, mandamus, prohibition, 
 the constitutionality of a law or some matter not merely 
 
 pecuniary. (Va. VI 88.) 
 
 Such restrictions as prescribed by legislature (power of leg- 
 islature limited to appellate proceedings for correcting 
 errors at law; apparently cannot limit appellate power in 
 
 chancery ) . ( Iowa V 4. )
 
 Index Digest 415 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 
 Jurisdiction — Appellate ( Cont'd ) 
 
 On Certification from Lower Court 
 
 When any intermediate court of appeals shall in any cause 
 or proceeding render decision which any one of judges 
 therein sitting shall deem contrary to previous decision 
 of highest court, said intermediate court of appeals must, 
 of its own motion, pending same term and year, transfer 
 said cause and original transcript therein to highest 
 court, and thereupon highest court must rehear and de- 
 termine said cause. (Mo. VI 6.) 
 If judges of intermediate court of appeals find that judg- 
 ment on which they are agreed conflicts with judgment 
 pronounced by another such court, to certify record to 
 highest court for review and final determination. (Ohio 
 
 IV 6.) 
 Judges' power to certify to highest court any question of 
 law in cause pending; highest court may instruct on 
 question or require record to be sent up for consideration 
 and final decision. (La. 101.) 
 When in case in intermediate court of appeals question arises 
 as to construction of constitution of state or of United 
 States, or as to the constitutionality of act of legislature 
 and decision is necessary to determination of case, court 
 shall so certify to highest court and transmit transcript 
 of record; highest court instructs appellate court which 
 is bound by instruction, but if judges of highest court 
 equally divided appellate court may decide question; 
 appellate court may at any time certify to highest court 
 any other question of law for instruction and highest 
 court shall give binding instruction. (Ga. VI Sec. II 
 
 9, 5.) 
 Intermediate court of appeal in any department may allow 
 appeal on any questions of law, which in its opinion ought 
 to be reviewed by highest court. (N.Y. VI 9.) 
 Jurisdiction — Revisory 
 
 Such revisory jurisdiction of the proceedings of administrative 
 
 officers as prescribed by law. (Ohio IV 2.) 
 Superintending control over all inferior courts. (Mich. VII 4; 
 
 Mo. VI 3; N.M. VI 3; Wis. VII 3.) 
 Superintending control over all inferior courts, commissioners 
 
 and boards created by law. (Okla. VII 2.) 
 Superintending control over all inferior courts of law and equity. 
 
 (Ark. VII 4.) 
 Superintending control over all inferior courts under rules and 
 
 limitations as may be prescribed by law. (S.D. V 2.) 
 Superintending control over all inferior courts under rule? and 
 limitations prescribed by law. (Colo. VI 2; X.P. IV 86; Wyo. 
 ! V 2.)
 
 416 - State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 
 Jurisdiction — Revisory (Cont'd) 
 
 Superintending control over intermediate courts of appeal by 
 
 mandamus, prohibition and certiorari. (Mo. VI 8.) 
 Supervisory control over all inferior courts. (La. 94; Iowa 
 
 V 4; Mont. VIII 2.) 
 Jurisdiction — Original 
 
 Suits against state, See Suits Against State. 
 In General 
 
 As prescribed by law. (Ind. VII 4; Md. IV 14.) 
 
 No person to be prevented from invoking original jurisdic- 
 tion. (Ohio IV 2.) 
 
 In remedial cases as prescribed by law. (Minn. VI 2.) 
 
 Such as may be necessary to enable it to determine ques- 
 tions of fact affecting its own jurisdiction in any case 
 pending before it. (La. 85; Tex. V 3.) 
 
 To have no original jurisdiction. (Ga. VI Sec. II 5.) 
 
 Not to exercise any other than that over the particular class 
 of cases specifically designated in constitution. (Pa. V 3.) 
 Described by Character of Cases 
 
 Power in regard to writs, See below, this subdivision, Writs. 
 
 Petitions to remove judges of general trial court; procedure 
 minutely set forth. (Tex. XV 6.) 
 
 All matters touching professional misconduct of members of 
 the bar, with power to disbar under such rules as may be 
 adopted by the court; jurisdiction exclusive (La. 85.) 
 
 Cases between counties involving boundaries and surveys; 
 jurisdiction exclusive. (Ariz. VI 4.) 
 
 Cases between counties involving claims of one county 
 against another. (Ariz. VI 4.) 
 
 Cases for removal of judges when presented in writing upon 
 oath taken before some judge of a court of record, of not 
 less than 10 lawyers, practicing in the courts held by 
 such judge and licensed to practice in highest court; said 
 presentment to be founded either upon knowledge of the 
 person making it or upon written oaths as to facts of 
 credible witnesses, highest court may issue all needful 
 process and prescribe all needful rules to give effect to 
 this section; causes of this kind to have precedence and be 
 tried as soon as practicable. (Tex. XV 6.) 
 
 Cases of divorce, alimony and marriage, until otherwise pro- 
 vided by legislature. (N.H. II 75.) 
 
 Cases of removal of judges of intermediate courts of appeal 
 and general trial courts. (La. 221.) 
 
 Cases relating to revenue. (111. VI 2; Xebr. VI 2.) 
 
 Civil cases in which the state is a party. (Xebr. VI 2.)
 
 fofums. 1'k.kst UT 
 
 COURTS (Cont'd) 
 
 Highest Coukt (Cont'd) 
 
 Jurisdiction — Territorial Extent 
 
 Coextensive with state. lAla. VI 1IH; Ark. VII 4: Colo. VI 2 
 Del. IV 19; Ind. VII 4; Kan. Ill 3; Ky. 110; Md. 1\ U 
 \1<.. VI 2; Mont. Ylll 2: X.M. V 1 2; X.D. IV 80; Okla. VII 2 
 Pa. V 2; S.D. V 2; Tex. V 3; Wis. VII 3; Wyo. V 2.) 
 Library 
 
 Sre also Libraries. 
 Clerk to be librarian. (Fla. V 7.) 
 
 Legislature to appropriate at least $500 a year for purchase of 
 
 bnuks. (Fla. XVI 27.) 
 Name 
 
 Court of appeals. (Ky. 109; Md. IV 14; X.Y. VI 1.) 
 Court of errors and appeals. (N.J. VI Sec. II 1.) 
 Supreme. (Ala. VI 139; Ariz. VI 1; Ark. VII 2; Cal. VI 3; 
 Colo. VI 2; Del. IV 12; Fla. V 1; Ga. VI Sec. II 1; Ida. V 6; 
 111. VI 2; Ind. VII 1; Iowa V 1; Kan. Ill 2; La. S4; Mich. 
 VII 2; Minn. VI 2; Miss. VI 144; Mo. VI 2; Mont. VIII 2; 
 Nebr. VI 2; Nev. VI 1; X.M. VI 2; X.C. IV 6; X.D. IV 86; 
 Ohio. IV 2; Okla. VII 2; Ore. VII 2; Pa. V 2; R.I. X 1; S.C. 
 V 2; S.I). V 2; Tenn. VI 1; Tex. V 2: Utah VIII 2; Vt. II 28; 
 Wash. IV 2; Wis. VII 3; Wyo. V 2.) 
 Supreme court of appeals. (Va. VI SS; W.Va. VIII 2.) 
 Supreme court of errors. (Conn. V 1.) 
 
 Supreme judicial court. (Me. VI 1; Mass. Pt. II Ch. Ill 2.) 
 Non-Judicial Duties 
 
 Except as provided in constitution, no duties or functions to be 
 
 attached to court except judicial. (La. 96.) 
 As to judges, See aboie, this subdivision, Judges — Xo.x-Judicial 
 
 Duties. 
 Officers 
 
 Officers to be appointed by court or by judges in vacation; duties, 
 - compensation and tenure of office to be prescribed by law. 
 
 (Va. VI 92.) 
 Officers, except reporter, to be appointed by court, or in vacation 
 by judges, with power of removal; duties and compensation to 
 be prescribed by law. (W.Va. VIII S.) 
 Attendants appointed and removed by court. (X.Y. VI 7.) 
 Bailiff appointed and removed by court. (lOl. VI 9.) 
 Court crier appointed 1 and removed by court; salary and duties 
 fixed by law. (Mich; VII 6.) 
 Place of Holding, See beloic, this subdivision, Terms. 
 Presiding Officer 
 
 As to selection, etc., of chief justice, See above, this subdivision, 
 
 Chief Justice. 
 Chief justice. (Ariz. VI 3; Ida, V 6: Mont. VIII 8; Nebr. VI 6: 
 
 X.M. VI 4; S.C. V 2: Utah VTII 2; Wash. IV 3; Wyo. V 
 Chief justice mar sit in either department: to preside wh< 
 
 sitting. (Cal. \ I 
 
 14
 
 418 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 
 Presiding Officer (Cont'd) 
 
 Chief justice to preside at all sessions of court en banc. (Cal. 
 
 VI 2; Colo. VI 8.) 
 Chief justice to preside in appeals from court of chancery. (Del. 
 
 IV 14.) 
 In absence of chief justice associate judges to select one of their 
 
 own number. (Cal." VI 2.) 
 In absence of chief justice, judge having next shortest term. 
 
 (Wyo. V 4.) 
 
 In absence of chief justice judge having shortest term to serve, 
 
 not filling vacancy. (Ariz. VI 3; Ida. V 6; Mont VIII 8; 
 
 N.M. VI 4; Utah VIII 2; Wash. IV 3.) 
 
 In absence of chief justice judge present next entitled to become 
 
 chief justice to preside. (Colo. VI 8.) 
 In absence of chief justice judges present to select one of their 
 
 number. (Nebr. VI 6.) 
 
 In absence of chief justice, senior associate judge. ( S.C. V 2. ) 
 
 Chancellor, or in his absence, chief justice, or in his absence, 
 
 senior associate judge, on writs of error to general trial court 
 
 for civil cases only, court of oyer and terminer, or court of 
 
 general sessions, and on appeal from court of general sessions. 
 
 (Del. IV 13.) 
 Senior associate judge present to preside when court is hearing 
 an appeal from court of chancery in a case where the chief 
 justice of the state has acted in the court of chancery because 
 the chancellor is disqualified. (Del. IV 16.) 
 Senior associate judge to preside in absence of chief justice in 
 cases of appeal from court of chancery. (Del. IV 14.) 
 
 Procedure 
 
 Appellate and original jurisdiction invoked in manner now pre- 
 scribed by law until legislature shall otherwise provide. (Okla. 
 
 VII 8.) 
 To make rules and amend practice. (Cal. VI 4; Mich. VII 5; 
 
 Tex. V 25.) 
 Judges to make and publish rules and regulations for the prosecu- 
 tion of appeals, whereby they shall prescribe periods within 
 which appeals may be taken, what part of proceedings in 
 court below shall constitute record, manner in which such 
 appeals brought to hearing or determination, and regulate 
 generally practice of said court of appeals so as to prevent 
 delays, promote brevity in records and proceedings and abolish 
 
 unnecessary costs. (Md. IV 18.) 
 Power to issue all process necessary to secure jurisdiction to 
 
 parties. (Iowa V 4.) 
 Appeals and writs of error may be taken to supreme court held 
 in the grand division in which case is decided or by consent 
 of the parties to any other grand division. (111. VI 8.)
 
 Index Digest 4-19 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Procedure ( Cont'd ) 
 
 Appeal taken within five years of judgment unless person entitled 
 to writ is infant, married woman, non compos mentis or 
 prisoner, and then within five years exclusive of time of dis- 
 ability. ( Del. IV 28. ) 
 
 Bond not required of accused as condition of appeal, but super- 
 sedeas bond may be required when only punishment imposed in 
 court below is fine. ( Va. VI 88.) 
 
 If plaintiff in error shall not be prepared at first term to prose- 
 cute cause, unless prevented by providential cause, it shall be 
 stricken from docket and judgment below stand affirmed. (Ga. 
 
 VI Sec. II 6.) 
 
 A writ of error, supersedeas or appeal allowed only upon peti- 
 tion assigning error in judgment, and after judge shall have 
 examined and considered record of assignment of errors and 
 satisfied that there is error in same, or that it presents a point 
 proper for consideration of highest court. (W.Va. VIII 6.) 
 
 All cases shall stand for hearing at first term after transmission 
 
 of record. (Md. IV 15.) 
 
 Appeals from general trial court shall be upon record made in 
 the court below under regulation of law. (Utah VIII 9.) 
 
 Until otherwise provided by law, either party may have attached 
 to bill of exceptions the whole testimony, instructions of court 
 to jury and any other material, and decision of the appeal. 
 
 (Ore. VII 3.) 
 
 Highest court by rules to regulate manner of certifying cases 
 from intermediate court of appeals, and subsequent proceed- 
 ings, until otherwise provided by law; no affirmance of judg- 
 ment of the court below in cases pending in intermediate court 
 of appeals to result from delay in disposing of questions so 
 
 certified. (Ga, VI Sec. II 9.) 
 
 If case carried to court is of class belonging to intermediate court 
 of appeal (court of appeals) may be transferred by court to 
 such court of appeals under such rules as highest court may 
 prescribe until otherwise provided uy law. (Ga. VI Sec. II 5.) 
 
 No appeal dismissed for reason only that the same was not taken 
 to proper court, but case shall be transferred to proper court 
 upon such terms as to costs or otherwise as may be just and 
 shall be proceeded with therein as if regularly appealed. 
 
 (Cal. VI 4.) 
 
 No judgment or decree in any chancery or general trial court 
 rendered in civil case to be reversed or annulled on ground of 
 want of jurisdiction to render such judgment or decree, from 
 error or mistake as to whether cause in which rendered was 
 in equity or common-law jurisdiction, but if highest court finds 
 error in proceedings other than as to jurisdiction, and it is 
 necessary to remand case, it may remand it to any court 
 which, in its opinion, can best determine controversy. (Miss. 
 
 VI 147.)
 
 420 State Constitutions 
 
 COURTS {Cont'd) 
 
 Highest Coubt (Cont'd) 
 Procedure {Cont'd) 
 
 When executor or administrator appeals from decree of chan- 
 cellor or applies for writ of error; proceedings shall not stay 
 unless he shall give sufficient surety approved by court to 
 effect that he will prosecute to effect, and pay condemnation 
 money and costs, or otherwise abide decree in appeal or judg- 
 ment in error if he fails to make his plea good. (Del. IV 27.) 
 Appeals and writs of error prosecuted from criminal court of 
 record of Escambia county in accordance with laws and rules 
 governing such proceedings from general trial court to highest 
 
 court. (Fla. V 40.) 
 Quarters 
 
 Legislature to make necessary appropriation to provide suitable 
 and commodious building for the court and the records thereof. 
 
 (La. 88.) 
 State to provide suitable room at seat of government in which 
 highest court shall hold its sessions. (Mo. VI 10.) 
 Quorum 
 
 A majority. (Ariz. VI 2; Fla. V 4; Ga. VI Sec. II 1; Ida. V 6; 
 Ind. VII 2; Ky. 117; La. 86; Mont. VIII 5; Nebr. VI 2; 
 Nev. VI 2; N.M. VI 5; N.D. IV 89; Ohio IV 2; Okla. VII 3; 
 E.I. XII 1; S.C. V 2; S.D, V 7; Utah VIII 2; Wash. IV 2; 
 
 Wyo. V 5.) 
 Two (out of three.) (Ark. VII 2; Miss. VI 145; Tex. V 2.) 
 Two (Iowa V 2; as to number of judges, See above, this sub- 
 division, Judges — Number). 
 Three (out of five). (Del. XIII 14; Va. VI SS.) 
 Three (out of four) on appeals from court of chancery in cases 
 where chief justice of state has presided in court of chancery, 
 the chancellor being disqualified. (DeL IV 16.) 
 Four (out of seven). (111. VI 2; Md. IV 15; Wis. VII 4.) 
 Five (out of seven). (N.Y. VI 7.) 
 
 One judge may open or adjourn court. (Del. IV 13, 14.) 
 One or more judges may adjourn court from day to day or to a 
 
 day certain. (Mont. VIII 5; X.D. IV 89; S.D. V 7.) 
 One (out of four) may open or adjourn any cases of appeal from 
 court of chancery where chief justice of state has presided in 
 court of chancery, the chancellor being disqualified. (Del. 
 
 IV 16.) 
 
 Where either party shall desire, court to be composed of three 
 
 judges (the entire number of the court) (if one disqualified or 
 
 unable to sit method provided for temporary appointment). 
 
 "(Miss. VI 165.) 
 Ad litem appointees. See above, this subdivision, Judges — Ad 
 
 Litem Appointees. 
 Rehearing 
 
 Court shall prescribe by rule that petitions for rehearing shall be 
 considered by a judge who did not deliver opinion in case. 
 
 (Ky. 118.)
 
 Index Digest 421 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Reporter 
 
 Compensation 
 
 As prescribed by law. (Cal. VI 21 j 111. VI 32; Mich. VI F 6; 
 
 Wash. IV 18.) 
 As prescribed by law; court to fix until so prescribed. (Ariz. 
 
 VI 14.) 
 As prescribed by law; not to exceed $1,500 per annum. 
 
 (Nebr. VI 8.) 
 Duties in General 
 
 As prescribed by law. (111. VI 32; Kan. Ill 4; Mich. VII 
 
 6; S.C. V 7.) 
 As prescribed by law and by rules of court not inconsistent 
 with law. (Cal. VI 21; N.D. IV 93.) 
 How Selected 
 
 Appointed. (N.M. VI 9.) 
 
 Appointed by court. (Ariz. VI 14; Ark. VII 7; Cal. VI 21; 
 111. VI 9;' Kan. Ill 4; Mich. VII f. ; Minn. VI 2; Nebr. 
 VI 8; N.Y. VI 7; N.D. IV 93; S.C. V 7; Utah VIII 14; 
 
 Tenn. VI 5; Wash. IV 18.) 
 Number 
 
 A reporter and not more than three assistant reporters of 
 decisions of highest court and intermediate court of ap- 
 peals. (Cal. VI 21.) 
 Removal 
 
 By court for good cause. (Ark. VII 7.) 
 To be removed on prosecution and final conviction for mis- 
 demeanor in office. (111. VI 9, 32.) 
 Residence 
 
 To reside in division, circuit, county or district for which 
 
 appointed. (111. VI 9, 32.) 
 Term of Office 
 
 During pleasure of court. (Ariz. VI 14; Cal. VI 21; 111. VI 
 9; Mich. VII 6; Nebr. VI S; X.Y. VI 7; N.M. VI 9; N.D. 
 IV 93; Utah VIII 14; Wash. IV IS.) 
 Two years. (Kan. Ill 4.) 
 Four 'years. (Nebr. VI S; S.C. V 7.) 
 Six years. (Ark. VII 7.) 
 
 Six years and until successor qualified, subject to removal by 
 
 court. (111. VI 9, 32.) 
 Eight years. (Tenn. VI 5.) 
 Seal 
 
 Shall have a seal. (Md. IV 1; Mich. VII 17; Utah VIII 17.) 
 That in use by supreme court of territory until otherwise pro- 
 vided by law. (Ida. XXI 17; Utah XXIV S; Wash. XXVII 9.) 
 That now in use in supreme court of territory until otherwise 
 provided by law, except that the word " -talc " shall be substi- 
 tuted for the word " territory "' on -aid seal. (Ariz. XXII 10.)
 
 422 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Stenographers 
 
 To be appointed by court for use of judges; $2,000 to be appro- 
 priated annually by legislature. (La. 92.) 
 Terms 
 
 General Provisions 
 
 Should be held under such regulations as may be provided 
 
 bylaw. (S.D. V 28.) 
 
 Until legislature shall provide by law for fixing terms of 
 
 court, judges shall fix. (Colo. VI 20; X.D. IV 118; Okla. 
 
 VII 5; S.D. V 33.) 
 X umber per Annum 
 
 As prescribed by law. (Ark. VII 8; Fla. V 4.) 
 
 One. (La. 88;*X.M. VI 7.) 
 
 One, and such others as may be prescribed by law. ( Kan. 
 
 Ill 3; Minn. VI 2; Ohio IV 2; Wis. VII 11.) 
 At least one. (Ore. VII 4; Wis. VII 11.) 
 Two. (Miss. VI 148; S.C. V 5.) 
 
 At least two. (Colo. VI 4; Nebr. VI 3; S.D. V 4; W.Va. 
 
 VIII 9; Wyo. V 7.) 
 Three. (X.D. IV 88.) 
 
 At least three. (Utah VIII 4; Mont. VIII 4.) 
 Four. (Mich. VII 3.) 
 
 At least four ( after six years legislature may alter pro- 
 visions of this section.) (Ida. V S.) 
 Place of Holding 
 
 As prescribed by law. (Iowa V 3; Mich. VII 3; W.Va. 
 
 VIII 9.) 
 At two or more places in state to be fixed by law. (Va. 
 
 VI 93.) 
 
 Seat of government. (Ariz. VI 3; Ark. VII 8; Colo. VI 4; 
 
 Fla. V 4, XVI 10: Ga. VI Sec. II 5; Miss. VI 148; Mo. 
 
 VI 9; Mont. VIII 4; Xebr. VI 3; Xev. VI 7; X.M. VI 7; 
 
 Okla. VII 5; Tex. V 3; Utah VIII 4; Wis. VII 11.) 
 
 Seat of government, and other place prescribed by law. 
 
 (Ohio IV 2; S.C. V 5.) 
 
 Seat of government ; but if it become dangerous from any 
 
 cause court may convene at or adjourn to another place. 
 
 (Ala. VI 141.) 
 
 Seat of government ; but if it become dangerous in case of 
 
 war, insurrection or pestilence court may adjourn to meet 
 
 and transact its business at another place in state. (Ky. 
 
 III.) 
 Seat of government for at least one of the annual terms. 
 
 (Ore. VII 7.) 
 
 Seat of government for at least one of the annual terms and 
 
 other terms at such places as prescribed by law. (Kan. 
 
 Ill 3.) 
 Seat of government for at least two of the annual terms. 
 
 (S.D. V 4; Wyo. V 7.)
 
 Index Digest 423 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Terms (Co-nt'd) 
 
 Place of Holding (Cont'd) 
 
 Seat of government; legislature may provide by two-thirds 
 vote that one term in each year shall be held in each or 
 any judicial district. (Minn. VI 2.) 
 
 Seat of government until otherwise prescribed by law. 
 
 (Wash. IV 3.) 
 
 Seat of state government for at least two of the annual 
 terms and two terms at city of Lewiston in Nez Perce 
 county; in case of epidemic, pestilence or destruction of 
 court house the justices may hold terms other places to 
 be fixed by a majority of them. (After six years legisla- 
 ture may alter provisions of this section.) (Ida. V 8.) 
 
 Two of the annual terms at seat of government; one special 
 term at cities other than Bismarck upon twenty days' 
 previous published notice. (N.D. IV 88.) 
 
 To continue to be held in present grand division at several 
 places now provided for holding the same until otherwise 
 provided by law (specific places pointed out). (111. VI 4.) 
 
 New Orleans. (La. 88.) 
 
 Annapolis; judges may temporarily transfer their sittings 
 elsewhere upon sufficient cause. (Md. IV 14.) 
 
 Raleigh, until otherwise prescribed by law. (N.C. IV 7.) 
 
 Knoxville, Nashville and Jackson. (Tenn. VI 2.) 
 Time of Holding 
 
 As prescribed by law. (Ark. VII 8; Fla. V 4; Ga. VI Sec. 
 II 5; 111. VI 4; Mich. VII 3; Miss. VI 148; Nev. VI 7; 
 Ore. VII 7; W.Va. VIII 9; Wis. VII 11.) 
 
 As court may direct until prescribed by law. (Nev. XVII 
 
 15; Wyo. V 26.) 
 
 As may be prescribed by law and until otherwise directed 
 by law, shall commence on third Tuesday in October and 
 April of each year. (Mo. VI 9.) 
 
 At such time as legislature may prescribe. (Iowa V 3.) 
 
 Commencing first Monday in January next succeeding elec- 
 tion. (Ky. 112.) 
 
 Commencing on second Wednesday in January. (N.M. VI 7.) 
 
 First Monday in April and first Monday in October and on 
 the first Monday in January and at such other times as 
 legislature may by law direct. (Md. IV 14.) 
 
 To sit for the transaction of business from the first Monday 
 of October until the last Saturday of June inclusive. 
 
 (Tex. V 3.) 
 
 To begin not later than first Monday in November ami end 
 not before June 30th. (La. 88.) 
 
 Session to continue not less than 10 months in the year if 
 the business before it shall so require. (Mil. IV 14.1 
 
 Court always to be open for transaction of business. (Cal. 
 
 VI 2.)
 
 4J4 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Terms (Cont'd) 
 
 Time of Holding (Cont'd) 
 
 Court to be open at all times for transaction of business, 
 except on non-judicial days. (Ariz. VI 2; Wash. IV 2.) 
 Court to be open at all times; may take such recess as in its 
 judgment may be proper. (N.M. VI 7.) 
 Writs 
 
 For power of judges, See above, tliie subdivision, Judges. 
 Certiorari 
 
 Power to issue and to hear and determine. (Colo. VI 3; 
 Mo. VI 3; Mont, VIII 3; N.M. VI 3; N.D. IV 87; Okla. 
 
 VII 2; Wis. VII 3.) 
 Power to issue and to hear a.nd determine in cases and under 
 
 regulations prescribed by law. (S.D. V 3.) 
 Original jurisdiction to issue. (Ida. V 9; Utah VIII 4.) 
 Power to issue. (Ariz. VI 4; Cal. VI 4; Fla. V 5; La. 94; 
 
 Nev. VI 4 ; Tex. V 3 ; Wash. IV 4 ; Wyo. V 3. ) 
 Power to issue writs or orders of. (S.C. V 4.) 
 Power to issue to general trial courts (for civil cases only), 
 court of oyer and terminer, court of general sessions, court 
 of chancery, orphans' court, or any of judges of said 
 courts, and all orders, rules and processes proper to give 
 
 effect to same. (Del. IV 12 (5).) 
 Appellate jurisdiction. (W.Va. VIII 3.) 
 
 Appellate jurisdiction as now or may be provided by law. 
 
 (Pa. V 3.) 
 Power to issue and to hear and determine, in aid of its ap- 
 pellate and supervisory jurisdiction. (Ark. VII 4.) 
 Error 
 
 Power to issue and to hear and determine. (Mich. VII 4; 
 
 N.M. VI 3.) 
 Power to issue and to hear and determine in aid of its ap- 
 pellate and supervisory jurisdiction. (Ark. VII 4.) 
 Appellate jurisdiction as now or may be provided by law. 
 
 (Pa. V 3.) 
 Habeas Corpus 
 
 Power to issue and to hear and determine. (Colo. VI 3; 
 Mich. VII 4; Mo. VI 3; Mont. VIII 3; N.M. VI 3; N.D. 
 IV S7; Okla. VII 2; Wis. VII 3.) 
 Jurisdiction. (Nebr. VI 2; Va. VI 88.) 
 
 Original jurisdiction. (Ariz. VI 4; 111. VI 2; Kan. Ill 3; 
 
 Ohio IV 2; W.Va. VIII 3.) 
 Original jurisdiction at its own discretion. (Ore. VII 2.) 
 Power to issue. (Ala. VI 140; Ariz. VT 4; Cal. VI 4; 
 Fla. V 5; Nev. VI 4; S.D. V 3; Wash. IV 4; Wyo. V 3.) 
 Power to issue writs or orders of. ( S.C. V 4. ) 
 Power to issue as may be prescribed by law. (Tex. V 3.) 
 Original jurisdiction to issue. (Ida. V 9; Utah VIII 4.)
 
 I n dex Digest 4&3 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Writs (Cont'd) 
 
 Habeas Corpus (Cont'd) 
 
 Original jurisdiction as to state officers. (Wash. 1\' 4.) 
 Power to issue in instance of any person in actual custody 
 
 whore it may have appellate jurisdiction. (La. 93.) 
 Appellate jurisdiction. (YV.Va. YI1I 3.) 
 Power to issue and to hear and determine in aid of its ap- 
 j>ellate and supervisory jurisdiction. (Ark. VII 4.) 
 lniiinctio>i 
 
 Power to issue and to hear and determine. (Colo. VI 3; 
 
 Mont. VIII 3; X.M. VI 3; X.D. IV S7 ; Wis. VII 3.) 
 Power to issue. (Ala. VI 140.) 
 Power to issue writs or orders of. (S.C. V 4.) 
 Original jurisdiction in cases where corporation is party 
 
 defendant. (Pa. V 3.) 
 Power to issue and to hear and determine in cases and under . 
 regulations prescribed by law. (S.D. V 3.) 
 Mandamus- 
 Power to issue and to hear and determine. (Colo. VI 3; 
 Mich. VII 4; Mo. VI 3; Mont. VIII 3; N.M. VI 3; X.D. 
 IV 87; Okla, VII 2; Wis. VII 3.) 
 Jurisdiction. (Xebr. VI 2; Va. VI SS.) 
 
 Original jurisdiction. (111. VI 2; Kan. Ill 3; Ohio IV 2; 
 
 W.Va. VIII 3.) 
 Original jurisdiction at its own discretion. (Ore. VII 2.) 
 Original jurisdiction to issue. (Ida. V 9; Utah VIII 4.) 
 Power to issue and to hear and determine in cases and 
 
 under regulations prescribed by law. (S.D. V 3.) 
 Power to issue. (Ariz. VI 4; Cal. VI 4; Fla. V 5; La. 94; 
 
 Tex. V 3; Wash. IV 4.) 
 Power to issue writs or orders of. (S.C. V 4.) 
 Legislature may confer original jurisdiction to issue in such 
 cases as may be specified, except as against governor. 
 
 (Tex. V 3.) 
 Original jurisdiction as to state officers. (Ariz. VI 4; Wash. 
 
 IV 4: Wyo. V 3.) 
 Original jurisdiction against all state officers, boards and 
 
 commissions. (N.M. VI 3.) 
 To courts of inferior jurisdiction, original jurisdiction. 
 
 (Pa. V3.) 
 Power to issue to general trial court (for civil cases only), 
 court of oyer and terminer, court of general sessions, court 
 of chancery, orphans' court, or any of judges of said 
 courts, and all orders, rules and processes proper to give 
 effect to same. (Del. IV 12 (5).) 
 Power to issue and to hear and determine in aid of its ap- 
 pellate and supervisory jurisdiction. (Ark. VII 4.) 
 Appellate jurisdiction. (W.Va. VIII 3.)
 
 426 State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Writs (Cont'd) 
 Prerogative 
 
 Power to issue. (R.I. Amend. XII 1.) 
 Procedendo 
 
 Power to issue and to hear and determine. (Mich. VII 4.) 
 Original jurisdiction. (Ohio IV 2.) 
 Power to issue. (Tex. V 3.) 
 Prohibition 
 
 Power to issue and to hear and determine. (Mont. VIII 3; 
 
 N.M. VI 3; Okla. VII 2.) 
 Jurisdiction. (Va. VI 88.) 
 
 Original jurisdiction. (Ohio IV 2; W.Va. VIII 3.) 
 Original jurisdiction to issue. (Ida. V 9; Utah VIII 4.) 
 Power to issue writs or orders of. (S.C. V 4.) 
 Power to issue. (Ariz. VI 4; Cal. VI 4; La. 94; Nev. VI 4; 
 
 Wash. IV 4; Wyo. V 3.) 
 
 Power to issue to general trial court for civil cases only, 
 
 court of oyer and terminer, court of general sessions, court 
 
 of chancery, orphans' court, or any of judges of said courts, 
 
 and all orders, rules and processes proper to give effect to 
 
 same. (Del. IV 12 (5).) 
 Power to issue and to hear and determine in aid of its ap- 
 pellate and supervisory jurisdiction. (Ark. VII 4.) 
 Appellate jurisdiction. (W.Va. VIII 3.) 
 Quo Warranto 
 
 Power to issue and to hear and determine. (Colo. VI 3; 
 Mich. VII 4; Mo. VI 3; Mont. VIII 3; N.D. IV 87; Okla. 
 
 VII 2; Wis. VII 3.) 
 Power to issue and to hear and determine in cases and under 
 
 regulations prescribed by law. ( S.D. V 3. ) 
 Jurisdiction. (Nebr. VI 2.) 
 Original jurisdiction. (Ohio IV 2.) 
 
 Original jurisdiction at its own discretion. (Ore. VII 2.) 
 Original jurisdiction to issue. (Utah VIII 4.) 
 Power to issue. (Ala. VI 140; Fla. V 5; La. 94; Nev. VI 4.) 
 Legislature may confer original jurisdiction to issue in such 
 cases as may be specified, except as against governor. 
 
 (Tex. V 3.) 
 Original jurisdiction as to state officers. (Ariz. VI 4; Wash. 
 
 IV 4 ; Wyo. V 3. ) 
 Original jurisdiction against all state officers, boards and 
 
 commissions. (N.M. VI 3.) 
 Original jurisdiction as to all state officers whose jurisdiction 
 
 extends over state. (Pa. V 3.) 
 Power to issue and to hear and determine in aid of its ap- 
 pellate and supervisory jurisdiction. (Ark. VII 4.) 
 Appellate jurisdiction. (W.Va. VIII 3.)
 
 Index Digest 427 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Writs (Cont'd) 
 
 Quo Warranto (Cont'd) 
 
 Power to issue in exercise of original jurisdiction to circuit 
 judges and chancellors when created and to officers of 
 political corporations when question involved is legal 
 existence of such corporations. (Ark. VII 5.) 
 Review 
 
 Power to issue. (Ariz. VI 4; Wash. IV 4; Wyo. V 3.) 
 Supersedeas 
 
 Power to issue and to hear and determine in aid of its ap- 
 pellate and supervisory jurisdiction. (Ark. VII 4.) 
 In General 
 
 Power to issue such other remedial and original writs as 
 may be necessary to give it a general superintendence and 
 control of inferior jurisdiction. (Ala. VI 140.) 
 Power to issue all other writs necessary or proper to com- 
 plete exercise of its appellate and revisory jurisdiction. 
 
 (Ariz. VI 4; Wyo. V 3.) 
 
 Power to issue and to hear and determine other remedial 
 
 writs, in aid of its appellate and supervisory jurisdiction. 
 
 (Ark. VII 4.) 
 Power to issue all other writs necessary or proper to com- 
 plete exercise of its appellate jurisdiction. (Cal. VI 4; 
 
 Nev. VI 4.) 
 Power to issue and to hear and determine other original and 
 
 remedial writs. (Colo. VI 3; Mich. VII 4; Wis. VII 3.) 
 Power to issue all other writs necessary or proper to com- 
 plete exercise of its jurisdiction. (Fla. V 5.) 
 Jurisdiction original to issue all necessary or proper to com- 
 plete exercise of its appellate jurisdiction. (Ida. V 9.) 
 Power to issue all writs necessary to secure justice to 
 
 parties. (Iowa V 4.) 
 Power to issue such as may be necessary to give it a general 
 
 control of inferior jurisdiction. (Ky. 110.) 
 Power to issue other remedial writs. (La. 94.) 
 Power to issue and to hear and determine other original 
 
 remedial writs. (Mo. VI 3.) 
 
 Power to issue and to hear and determine such other original 
 
 and remedial writs as may be necessary or proper to 
 
 complete exercise of its appellate jurisdiction. (Mont. 
 
 VIII 3.) 
 Power to issue and to hear and determine all other writs 
 necessary or proper for complete exercise of its juris- 
 diction. (N.M. VI 3.) 
 Power to issue any remedial writs necessary to give it 
 general supervision and control over proceedings of inferior 
 
 courts. (N.C. IV 8.)
 
 4-2S State Constitutions 
 
 COURTS (Cont'd) 
 
 Highest Court (Cont'd) 
 Writs (Cont'd) 
 
 In General (Cont'd) 
 
 Power to issue anil to hear and determine other original 
 and remedial writs as may be necessary to proper exercise 
 of its jurisdiction. (N.D. IV S7.) 
 Power to issue and to hear and determine such other reme- 
 dial writs as may be provided by law. (Okla. VII 2.) 
 Power to issue other original and remedial writs. ( S.C. 
 
 V 4.) 
 Power to issue and to hear and determine original and 
 remedial writs in cases and under regulations prescribed 
 by law. (S.D. V 3.) 
 Power to issue such other writs as may be necessary to en- 
 force its jurisdiction. (Tex. V 3.) 
 Power to issue necessary and proper writs for exercise of ap- 
 pellate jurisdiction. (Utah VIII 4.) 
 Impeachment Courts, See Impeachment. 
 Imprisonment eoe Debt, See Imprisonment for Debt. 
 Intermediate Courts of Appeal 
 
 For civil cases only, See below, this title, Intermediate Courts of 
 
 Appeal for Civil Cases Only. 
 For criminal cases only, See below, this title, Intermediate Courts 
 
 of Appeal for Criminal Cases Only. 
 Character 
 
 Court of record. (Cal. VI 12.) 
 Chief Justice 
 
 See also below, this subdivision, Judges. 
 
 Appointed by governor from one of judges of general trial court 
 
 and shall act as such during his term of office. (N.Y. VI 2.) 
 Elected as : such. (Cal. VI 4; Tex. V 6.) 
 
 Resident of the department (state divided into three depart- 
 ments; court in each department). (N.Y. VI 2.) 
 Clerks 
 
 See also above, this title, Clerks. 
 Compensation* 
 
 As provided by law. (Cal. VI 21.) 
 
 Paid out of the public treasury as provided by law. (N.Y. 
 
 VI 19.) 
 Duties 
 
 As provided by law or rules of court. (Cal. VI 21.) 
 How Select< d 
 
 Appointed by court. (Cal. VI 21; Ga. VI Sec. II 5; N.Y. 
 
 VI 19.) 
 Appointed by governor with advice and consent of senate. 
 
 (N.J. VII Sec. II 4.) 
 Location of Office 
 
 At place designated by judge of court. (N.Y. VI 19.) 
 Number 
 
 One for each department. (N.Y. VI 19.)
 
 I x i > r : x DiGEfeT '-" 
 
 COURTS (Cont'd) 
 
 Intermediate Cotrts of Aiteal {Cont'd) 
 Clerks {Cont'd) 
 Removal 
 
 At pleasure of eourti (Cal. W 21.) 
 
 Term of dffue 
 
 At pleasure of court. (Cal. Yf 21.) 
 Five years. (X.J. VII See. II 4.) 
 Costs 
 
 Cost of appeal in any ease to the first and second circuits not to 
 
 exceed $5. (La. 106.) 
 Law relating to highest court to apply so far as applicable until 
 otherwise provided by law. (Ga. VI Sec II 5.) 
 Court of Appeals for Parish of Orleans 
 Detailed provisions for. (La. 131.) 
 
 Decisions 
 
 See also helote. this svhdirision, LrnoMEXFS. 
 Xim/hrr TVecessari/ to Render 
 
 All must concur. (Cal. VI 4.) 
 
 No judgment of a general trial court and superior court or 
 other court of record, to be reversed except by the con- 
 currence of all judges on the weight <>f the evidence and 
 tiy majority upon other questions. (Ohio IV 6.) 
 Three (out of five). (N.Y. VI 2.) 
 
 Two (out of three) ; when from any cause two judges cannot 
 agree they shall appoint a district judge or lawyer having 
 qualifications of a judge of their court to sit in the case. 
 
 (La. 102.1 
 
 ruhlieation of 
 
 Legislature to provide for -speedy publication of opinion* 
 highest court shall deem expedient: all opinions free for 
 publication to any person. (Cal. VI 1G.) 
 Reasons to Be Set Forth 
 
 Grounds of decision stated in writing: if judges unable to 
 concur in judgment to give their several opinions in writ- 
 ing and cause copies thereof to be forwarded to highest 
 
 court. (Cal. VI 24.) 
 Report):) a of • 
 
 Loiri slat ore mav provide for the reporting of cases. (Ohio 
 
 IV 6.) 
 Establishment, See above, this litlr, Estuu.tsumext. 
 
 Judges 
 
 ,<-' e also liloir, this title. JrnoEs. 
 Ad Litem 1 ppointrrs 
 
 Should any two judges be unable to serve, remaining judge 
 to appoint some general trial court judge or lawyer with 
 qualifications of judge to sit in case. (La. 102.) 
 Temporary appointment l>y governor in ease of absence o/ 
 anv judtre. but no judge to sit in review of decision made 
 by him or h\ court of which he was at time a sitting mem- 
 ber. (N".Y. VI 2, 3.)
 
 430 State Constitutions 
 
 COURTS (Cont'd) 
 
 Intermediate Courts of Appeal (Cont'd) 
 Judges (Cont'd) 
 
 Ad Litem Appointees (Cont'd) 
 
 When for any reason judge disqualified or unable to act in 
 any cause, highest court appoints judge from any district 
 or judge of general trial court who has not acted in case 
 
 below. (Cal. VI 4.) 
 Chief Justice, See above, this subdivision, Chief Justice. 
 Compensation 
 
 $4,000 a year except judges of court of appeals for parish 
 of Orleans, $5,000; payable monthly upon warrant of 
 
 judge. (La. 99.) 
 Prohibition against receiving any fees or compensation other 
 
 than salary for any official duty performed. (La. 96.) 
 $7,000, payable at stated times out of state treasury, but not 
 until judge makes and subscribes to affidavit that no 
 cause in his court remains undecided that had been sub- 
 mitted for decision for a period of 90 days. (Cal. 
 
 VI 17, 24.) 
 Dual Office Holding 
 
 Not to hold any other office or public employment other than 
 judicial during term for which elected. (Cal. VI 18.) 
 How Selected 
 
 By appointment by governor with advice and consent of 
 
 senate. (N.J. VII Sec. II 1.) 
 By appointment by governor from judges of general trial 
 
 court. (N.Y. VI 2.) 
 Elected as judges of highest court. (Ga. VI Sec. II 9.) 
 Elected by electors of respective appellate districts. Mode 
 and time of election aa prescribed by law, but no law shall 
 abridge teTm of any judge then in office. (Ohio IV 6.) 
 Elected by qualified electors of respective districts at same 
 time and place as congressional election next preceding 
 expiration of term. (La. 100.) 
 Elected by qualified electors within their respective districts 
 at general state elections at time and places at which jus- 
 tices of highest Qourt are elected. ( Cal. VI 4. ) 
 Court to consist of justices of general trial court as pre- 
 scribed by law. (111. VI 11.) 
 Impeachment, See Impeachment. 
 Non-Judicial Duties 
 
 No duties or functions to be attached by law to judges 
 except as provided in constitution. (La. 96.) 
 'Number 
 
 As provided by law. (111. VI 11.) 
 Three. (La. 99.) 
 
 Three unless otherwise provided by law. (Ga. VI Sec. II 9.) 
 Three for each district (three districts). (Cal. VI 4.) 
 Three in each district (number of districts fixed by law). 
 
 (Ohio IV 6.)
 
 Index Digest 431 
 
 COURTS (Cont'd) 
 
 Intermediate Courts of Appeal (Cont'd) 
 Judges (Cont'd) 
 
 Number (Cont'd) 
 
 Five; chief justice and four associates; number of associates 
 may be increased or decreased by law but never less than 
 
 two. (N.J. VI Sec. V 1.) 
 Seven in first department ; five in each of three other depart- 
 ments. (N.Y. VI 2.) 
 If presiding judge certifies to governor that one or more 
 additional judges are needed for speedy disposition of 
 business, governor to appoint additional members from 
 general trial courts. (N.Y. VI 2.) 
 Power to Act in Other Courts 
 
 No judge within own department to exercise powers of judge 
 of general trial court other than those of a judge of court 
 and those pertaining to his own court or to hearing and 
 decision of motions submitted by consent of counsel, but 
 when not actually engaged / in performing duties of court 
 in department to which designated, may hold any term 
 of the general trial court and exercise powers of judge of 
 that court in any county or judicial district in any other 
 
 department. (N.Y. VI 2.) 
 Ad litem appointment to highest court, See above, this title, 
 Highest Court — Judges. 
 Power to Act in Other Districts 
 
 Interchange of judges from one district to another when a 
 member of court is unable to attend from sickness or other 
 
 cause. (La. 100.) 
 Competent to exercise power in any appellate district; chief 
 justice of highest court may assign judge to any county 
 to hold court. (Ohio IV 6.) 
 Prohibited from Sitting 
 
 No judge to sit in review on case decided by him. ( 111. VI 
 
 11.) 
 No more than five to sit in any case (five is the total mem- 
 bership of court in two of the four departments; seven 
 in other departments). No judge to sit in review of 
 decision made by him or by court of which he was at time 
 a sitting member. (N.Y. VI 2, 3.) 
 Chief justice of highest court to determine disability or dis- 
 qualification of any judge. (Ohio IV 6.) 
 Qualifications 
 
 Thirty years of age. (N.M. VI 8.) 
 
 Practiced law in state for six years. (La. 99.) 
 
 Admitted to practice before highest court. (Cal. VI 23.) 
 
 Practiced law three years in state; time served upon bench 
 
 of any general trial court counted. (N.M. VI 8.) 
 Learned in the law. (La. 99; N.M. VI 8.) 
 Citizen of the United States. (La. 99.) 
 Elector of state. (La. 99.)
 
 432 State Constitutions 
 
 COURTS ( Cont'd) 
 
 INTERMEDIATE COURTS OF APPEAL I Cont'd) 
 
 Judges [Cont'd) 
 
 Qualifications {Cont'd) 
 
 5ame as highest court except as otherwise provided in con- 
 stitution, and until otherwise provided by law. (Ga. VI 
 
 Sec. II 5.) 
 
 Resident of district from which elected or appointed for at 
 least two years preceding. (La. 99.) 
 
 Majority of judges in each department to be residents of 
 
 department, i X.Y. VI 2.) 
 Rcmovol 
 
 By concurrent resolution of both houses of legislature; two- 
 thirds vote of eaeh house: cause entered on journal; judge 
 served with copy of complaint; opportunity to defend; 
 yeas and nays entered on journal. I Cal. VI 10.) 
 
 By governor on address of two-thirds of each house for wil- 
 ftil neglect of duties, incompetency, habitual drunkenness, 
 oppression in office or other reasonable cause which shall 
 not be sufficient ground for impeachment ; causes entered 
 at length in address and entered on journal; judge notified 
 and admitted to defend before vote taken: yeas and nays 
 entered on journal of each house. (Tex. XV S.) 
 
 By highest court for cause specified in constitution insti- 
 tuted by attorney -general or district attorney at their 
 discretion, or when directed to do so by governor, or by 
 information and written request of 25 citizens and tax- 
 payers residing in district over which judge presides; 
 suit tried after citation and 10 days for answering; 
 pendency of suit not to operate a suspension of office; 
 if acquitted judgment rendered in soJido against citizens 
 signing request: if convicted shall extend not only to 
 removal from office and disqualified from holding any 
 office of honor, trust or profit, but also from practice of 
 law: whether convicted or acqun.i.eu, nevertheless, to be 
 liable to prosecution according to law. (La. 221.) 
 Term of &0id8 
 
 Five years or unexpired portion of term if less than five 
 year-, except in case of chief justice. I X.Y. VI 2.) 
 
 Six years and until successors are qualified. Those first 
 elected to hold office for two. four ami six years respec- 
 tively: determination by lot and so commissioned by 
 governor. Ga. VI Sec. II 9.) 
 
 Six years until otherwise provided by law. (Ohio IV 6.) 
 
 Seven yeaTS. ( X.L VIT Sec. II 1.) 
 
 Twelve years. After election of 1906 to so classify them- 
 selves by lot that one shall go out at end of four years, 
 another at end of eight and one at end of 12 in each 
 district. Classification entered on minutes of court, signed 
 bv three judge*: duplicate filed with secretary of state, 
 
 (Cal. VI 4.)
 
 Index J >h;kst 433 
 
 COURTS (Cont'd) 
 
 Intermediate Courts op Appeal (Cont'd) 
 Judges (Cont'd) 
 Vacancies 
 
 Filled by appointment of governor; appointee serves until 
 
 election. (Cal. VI 4.) 
 Filled by appointment of governor from among general trial 
 
 court judges. (N.Y. VI 2.) 
 Filled by appointment of governor witb advice, and consent 
 of senate; appointee serves until next congressional elec- 
 tion. (La. 100.) 
 Filled in same manner as provided by law for judges of 
 highest court. (Ga. VI Sec. II 9.) 
 Writs 
 
 For power of court, See below, this subdivision, Writs. 
 Each of judges shall have power to issue writs of habeas 
 corpus to any part of his appellate district upon petition 
 by or on behalf of any person held in actual custody, and 
 may make such writs returnable before himself or district 
 court of appeals of his district or before any superior 
 court within his district or before any judge thereof. 
 
 (Cal. VI 4.) 
 Each of judges shall have authority to issue writs of man- 
 damus, prohibition and certiorari, in aid of their appellate 
 jurisdiction. (La. 105.) 
 Shall have power to issue writ of habeas corpus at instance 
 of any person in actual custody within their respective 
 
 circuits. (La. 104.) 
 Judgments 
 
 See also above, this subdivision. Decisions. 
 
 Final; except cases under federal or state constitution, cases 
 of felony and cases of which court has original jurisdiction 
 (quo warranto, mandamus, habeas corpus, prohibition, pro- 
 cedendo) ; and cases of public or general interest in which 
 highest court may direct that record be certified to that court. 
 
 (Ohio IV 6.) 
 Final upon expiration of 30 day- after pronouncement. (Cal. 
 
 VI 4.) 
 Appeals to highest court, See above, this title, Highest Court — 
 
 Jurisdiction'. 
 
 Judicial Districts 
 
 Exclusive of parishes whose appeals arc returnable to court of 
 appeals for the parish of Orleans, state divided into two dis- 
 tricts called circuits; boundaries specifically set forth in 
 
 constitution. (La. 100.) 
 Legislature to divide state Into compact territory; bounded by 
 county lines; until altered by law. circuits in which the cir- 
 cuit courts are now held to constitute tin- appellate districts; 
 legislature may alter number of districts or alter boundaries, 
 but change not to abridge term of judge then in office. (Ohio 
 
 IV 6.)
 
 434 State Constitutions 
 
 COURTS (Cont'd) 
 
 Intermediate Courts of Atteal (Cont'd) 
 Judicial Districts (Cont'd) 
 
 Legislature to divide state into four departments; first to con- 
 sist of county of New York; others bounded by county lines, 
 compact and of equal population as nearly as may be; once 
 every 10 years legislature may alter the judicial departments 
 but without increasing the number thereof. (N.Y. VI 2.) 
 Three; boundaries especially designated in constitution; by order 
 entered in minutes highest court may remove one or more 
 counties from one district to another; no county not con- 
 tiguous to another district added to such district. (Cal. 
 
 VI 4.) 
 Jurisdiction 
 
 General Provisions 
 
 Appellate jurisdiction only, except as provided in consti- 
 tution. (La. 98.) 
 Jurisdiction now exercised by general trial court at its 
 general terms and by general terms of the court of com- 
 mon pleas for the city and county of New York, the su- 
 perior court of city of New York, the superior court of 
 Buffalo and the city of Brooklyn, and such additional 
 jurisdiction as may be conferred by legislature. (N.Y. 
 
 VI 2.) 
 Civil and probate, of which civil district court of the parish 
 of Orleans or the general trial courts throughout the state 
 have exclusive original jurisdiction and of which highest 
 court is not given jurisdiction, matter in dispute or fund 
 to be distributed not to exceed $2,000 exclusive of in- 
 terest; both law and facts reviewable. (La. 98.) 
 Appellate 
 
 Criminal cases prosecuted by indictment or information in 
 court of record except where judgment of death rendered ; 
 on questions of law alone in all. (Cal. VI 4.) 
 Election cases. (Cal. VI 4.) 
 Eminent domain. (Cal. VI 4.) 
 Equity. (Ohio IV 6.) 
 Forcible and unlawful entry and detainer, except such as 
 
 arise in justices' courts. (Cal. VI 4.) 
 From general trial courts and other courts as provided by 
 
 law. (Ill VI 11.) 
 
 From general trial courts and superior courts and other 
 
 courts of record within the district, as may be provided 
 
 bylaw. (Ohio IV 6.) 
 From general trial courts; cases that may be brought by 
 
 writ of error. (N.J. VI Sec. V 3.) 
 From general trial courts in all cases in law; demand ex- 
 clusive of interest or value of property in controversy 
 amounts to $300 and does not amount to $2,000. (Cal. 
 
 VI 4.)
 
 Index Digest t35 
 
 COURTS (Cont'd) 
 
 Intermediate Courts of Appeal (Cont'd) 
 Jurisdiction (Cont'd) 
 Appellate (Condi) 
 
 From general trial courts in cases at law and in equity 
 where jurisdiction is not conferred by constitution on 
 highest court. (Ga. VI Sec. II 5.) 
 From municipal courts of Atlanta and Savannah and such 
 other like courts as have been or may be established in 
 other cities in cases at law and in equity and other cases 
 prescribed by law. (Ga. VI Sec. II 5.) 
 Insolvency. (Cal. VI 4.) 
 
 Nuisance; actions to prevent or abate. (Cal. VI 4.) 
 Special proceedings as may be provided by law except cases 
 in which appellate jurisdiction is given to highest court. 
 
 (Cal. VI 4.) 
 Usurpation of office. (Cal. VI 4.) 
 Writs, See below, this subdivision, Writs. 
 Kansas City Court of Appeals 
 
 For explanation of the Missouri system of intermediate courts of 
 appeal, See below, this subdivision, St. Louis Court of 
 
 Appeals. 
 Judges 
 
 Three elected by qualified voters of district; compensation 
 $3,500 per annum, to be paid at stated times out of state 
 treasury. (Mo. VI (Amend. 1884) 2, 10.) 
 To be residents of the territorial appellate district. (Mo. 
 
 VI (Amend. 1884) 2.) 
 Judicial Districts 
 
 Legislature may change boundaries; designating districts 
 by numbers or otherwise. (Mo. VI (Amend. 1884) 3.) 
 Jurisdiction 
 
 Same as St. Louis court of appeals; coextensive with all 
 counties of state not included in St. Louis court of ap- 
 peals (subsequently by section 3926, revised statutes, 
 Springfield court of appeals was created and lines of 
 districts changed by section 3928, R. S.). (Mo. VI 
 
 (Amend. 1884) 2, 4.) 
 Time and Place of Holding 
 
 In Kansas City, one term on the first Monday of March and 
 one on the first Monday of October. (Mo. VI (Amend. 
 
 1884) 2, 9.) 
 Name 
 
 Appellate courts. (111. VI 11.) 
 
 Appellate division of the supreme court. (N.Y. VI 2.) 
 Court of appeals. (Ga. VI Sec. II 9; La. 98; Ohio IV 6.) 
 Supreme court. (N.J. VI Sec. VI.) 
 Non-Judicial Duties 
 
 No duties to be attached, except such as are judicial, except such 
 provided in constitution. (La. 96.)
 
 436 State Constitutions 
 
 COURTS (Cont'd) 
 
 Intermediate Courts op Appeal (Cont'd) 
 Procedure 
 
 Highest court to make rules and regulate procedure. (Cal. VI. 
 
 4.) 
 Rules oi practice regulating appeals to and proceedings in high- 
 est court shall apply so far as applicable until otherwise 
 provided. (Cal. VI 4; La. 104.) 
 Same as highest court except as otherwise provided in consti- 
 tution (apparently no other provision) and until otherwise 
 provided by law so far as applicable. (Ga. VI Sec. II 5.) 
 All cases tried on the original records, pleadings and evidence. 
 
 (La. 103.) 
 Time and place for return, until otherwise provided by law, to 
 
 be fixed by court. (La. 100.) 
 Writs of error when received by clerk during term of court and 
 before docket of term is, by order of court, closed, to be en- 
 tered thereon, and when received at any other time to be 
 entered on docket of next term, and stand for hearing at term 
 for which so entered, under such rules as court may prescribe 
 until otherwise provided by law. (Ga. VI Sec. II 5.) 
 Quarters 
 
 County commissioners of county to make provision. (Ohio IV 
 
 6.) 
 
 The police juries of the various parishes of the state in which 
 
 sessions of court are held shall provide suitable rooms for 
 
 holding said courts so as not to interfere with sessions of 
 
 general trial and other courts. (La. 100.) 
 
 Quorum 
 
 All three judges necessary for transaction of business, except 
 
 that done at chambers. (Cal. VI 4.) 
 Four ( out of seven in one department and out of five in other 
 
 three). (N.Y. VI 2.) 
 Two while court consists of three. (Ga. VI Sec. II 3.) 
 Reporter 
 
 Appointed and removed from office by court. (N.Y. VI 2.) 
 Reporter of highest court to act. (Ga. VI Sec. II 5.) 
 St. Louis Court of Appeals 
 
 (In Missouri tit ice intermediate courts of appeal, St. Louis 
 court' of appnil, Kansas City court of appeal and Springfield 
 court of appeal. The first two established by the constitution, 
 the third established by the legislature with constitutional 
 consent. Legislature may change the boundaries and names 
 of all three courts, See Missouri VI (Amend. 1S84) 3.) 
 Clerks 
 
 Clerk of highest court acts. (Mo. VI IS.) 
 Decisions 
 
 Opinions in writing; filed with and become part of record. 
 
 (Mo. VI 15.)
 
 L\DEX IDlWEBU |:'»7 
 
 COURTS (Cont'd) 
 
 Intermediate Courts of Ai*i>i \l i(<»if<l\ 
 St. Louis Court of Appeals (Cm, I'd) 
 Decisions (Cont'd) 
 
 If equally divided in opinion, no judgment entered; parties 
 to cause may agree upon person learned in law as special 
 judge to sit with court and give decision as one of judges; 
 if parties cannot agree upon special judge, court to ap- 
 point. (Mo. VI 11.) 
 Chief Justice 
 
 Judge having the oldest license to practice law in state to 
 
 preside. (Mo. VI 16.) 
 Judges 
 
 To consist of three judges elected by qualified voters of dis- 
 trict who shall hold office for 12 years. Judges to be 
 residents of district and to possess same qualifications as 
 judges of highest court. To receive same compensation 
 as provided for judges of circuit court of St. Louis county 
 and paid from same sources. Compensation not to be in- 
 creased nor diminished during term for which elected. 
 Each county to pay proportional part of same, according 
 to its taxable property. 
 
 Judges to be conservators of peace throughout district. At 
 first general election held in district after adoption of 
 constitution, three judges to be elected who shall deter- 
 mine by.. lot which shall serve four, eight and 12 years 
 and certify result to secretary of state. Every four years 
 thereafter one judge to be elected. Term of office to begin 
 on first Monday in January next ensuing election. (Mo. 
 
 VI 13, 14, 1G, 33.) 
 Jurisdiction 
 
 To have exclusive jurisdiction of all appeals from and writs 
 of error to circuit courts, of St. Louis, Lincoln and Warren 
 counties and circuit court of St. Louis county in special 
 term and from all courts of record having criminal juris- 
 diction in said counties. (Mo. Yl 27. 1 
 
 To have superintending control over ali inferior courts of 
 record in counties of district. (M<>. VI 12.) 
 
 Coextensive with city of St. Louis and counties of St. Louis, 
 St. Charles, Lincoln and Warren. (Mo. VI 12.) 
 Legislative Power Or* / 
 
 To change boundary, name, pecuniary limits- of jurisdiction 
 and time of holding; to create another court (this has 
 been done). (Mo. VI (Amend. 1884) 3.) 
 
 Procedure 
 
 Laws relating to practice of highest court to apply so far as 
 
 applicable. 1 Mo. VI 15.) 
 Cases to be heard :\i expiration of 15 days from filing 
 of transcript in office of clerk. (Mo. VI 20.)
 
 438 State Constitutions 
 
 COURTS {Cont'd) 
 
 Intermediate Courts of Appeal {Cont'd) 
 St. Louis Court of Appeals {Cont'd) 
 Quorum 
 
 Two (out of three). (Mo. VI 14.) 
 Time and Place of Holding 
 
 Two terms at St. Louis; beginning on first Monday of March 
 
 and October. (Mo. VI 14.) 
 Writs 
 
 May issue writs of habeas corpus, quo warranto, mandamus, 
 certiorari and other original remedial writs, and hear and 
 
 determine the same. (Mo. VI 12.) 
 Special Organization for Baltimore 
 
 Detailed provisions. (Md. IV 27 et seq.) 
 Terms 
 
 At times and places prescribed by law. (111. VI 11.) 
 At least one in each year in each county and district and such 
 other terms at county seat in district as judges may deter- 
 mine. (Ohio IV 6.) 
 Courts to be in session at places specifically designated in con- 
 stitution until cases before them are heard. (La. 100.) 
 Court always open; first district, San Francisco; second, Los 
 
 Angeles; third, Sacramento. (Cal. VI 4.) 
 Laws relating to time of sitting of highest court apply so far as 
 possible until otherwise provided by law; to sit at seat of gov- 
 ernment and other places that may be prescribed by law. 
 
 (Ga. VI Sec. II 5.) 
 Justices in each department may fix times and places for hold- 
 ing special terms, and assign justices in the departments to 
 hold such terms; or may make rules therefor. (N.Y. VI 2.) 
 Transfer of Cases 
 
 See also below, this title, Trials — Change of Venue, 
 Highest court may order cases transferred from one intermedi- 
 ate court of appeals to another; order to be made before 
 judgment or within 30 days after judgment. (Cal. VI 4.) 
 Legislature may provide for transfer from one court to another, 
 
 or to highest court. (Mo. VI (Amend. 1884) 3.) 
 When one department unable to dispose of business within rea- 
 sonable time, majority of presiding judges of the several de- 
 partments at meeting called by presiding judge of the de- 
 partment in arrear, may transfer pending appeals from such 
 department to any other department for hearing and determin,- 
 
 ation. (N.Y. VI 2.) 
 
 No appeal to be dismissed for reason only that the same was not 
 
 taken to the proper court but case transferred to proper court 
 
 upon such terms as to costs or otherwise as may be just and 
 
 shall be proceeded therein as if regularly appealed. (Cal. 
 
 VI 4.) 
 To highest court, See above, this title, Highest Court — Juris- 
 diction — Appellate.
 
 Index Digest 439 
 
 COURTS {Cont'd) 
 
 Intermediate Courts of Appeal (Cont'd) 
 Writs 
 
 Power to issue writs of mandamus, certiorari, prohibition and 
 habeas corpus, and all other writs necessary or proper to the 
 complete exercise of their appellate jurisdiction. (Cal. VI 4.) 
 Shall have authority to issue writs of mandamus, prohibition 
 and certiorari in aid of their appellate jurisdiction. (La. 105.) 
 Shall have power to issue writs of habeas corpus at instance of 
 any person in actual custody within their respective circuits. 
 
 (La. 104.) 
 Shall have original jurisdiction in quo warranto, mandamus, 
 
 habeas corpus, prohibition and procedendo. (Ohio IV 6.) 
 For power of judges, See above, this subdivision, Judges — Writs. 
 Intermediate Courts of Appeal for Civil Cases Only 
 Clerks 
 
 Appointed by court in same manner as clerk of highest court; 
 compensation as prescribed by law. (Tex. V 6.) 
 Establishment, See above, this title, Establishment. 
 Judges 
 
 Compensation 
 
 $3,500 per annum until otherwise provided by law. (Tex. 
 
 V 6.) 
 Disqualified to Sit in Particular Cases 
 
 Court to certify fact to governor who shall immediately 
 commission requisite number of persons learned in law 
 for trial and determination of such case. (Tex. V 11.) 
 Hoiv Selected 
 
 Elected by qualified voters of their respective districts at 
 general election. (Tex. V 6.) 
 Impeachment 
 
 To be tried by senate. (Tex. XV 2.) 
 Number 
 
 Three, a chief justice and two associates, in each of the 
 two or three judicial districts. (Tex. V 6.) 
 Qualifications 
 
 As prescribed for judges of highest court (30 years; citizen 
 of United States and state; practicing lawyer or judge 
 seven years). (Tex. V 6.) 
 Removal from Office 
 
 By governor on address of two-thirds of each house of legis- 
 lature for wilful neglect of duty, incompetency, habitual 
 drunkenness, oppression in office or other reasonable cause 
 which shall not be sufficient ground for impeachment ; 
 causes of such a removal stated at length in address 
 entered on journals; judge to be notified and admitted to 
 a hearing in his own defense before any vote for such 
 address shall pass; in all cases vote taken by yeas and 
 nays and entered on journals of each house. (Tex. XV 8.)
 
 440 State Constitutions 
 
 COURTS (Cont'd) 
 
 Intermediate Courts of Appeal for Civil Cases Only [Cont'd) 
 Judges (Cont'd) 
 Term of Office 
 
 Six years; terms end at different times. (Tex. V 6.) 
 Vacancies 
 
 Filled by appointment of governor until next succeeding 
 general election. (Tex. V 2S. ) 
 Judicial Districts 
 
 Legislature to divide state into not less than two nor more 
 than three, as increase of population and business may require; 
 one court in each district. (Tex. V 6.) 
 Jurisdiction 
 Appellate 
 
 Civil, of which the general trial court or county courts have 
 original or appellate jurisdiction under such restrictions 
 and regulations as may be provided by law. (Tex. V 6.) 
 From county courts in civil cases. (Tex. V 16.) 
 Decisions of county courts and general trial courts to be 
 conclusive on all questions of fact brought before them 
 on appeal or error. (Tex. V 6.) 
 Original 
 
 As prescribed by law. (Tex. V 6.) 
 Time and Place of Holding 
 
 As prescribed by law. ( Tex. V 6. ) 
 Intermediate Courts of Appeal for Criminal Cases Only 
 Clerks 
 
 How Selected 
 
 One appointed by court for each place where it may sit, for 
 term of four years; to give bond as prescribed by law; 
 removed by i court for good cause ; entered of record on 
 
 minutes. (Tex. V 5.) 
 Decisions 
 
 Two out of three necessary to render. (Tex. V 4.) 
 Establishment,. See above, this title, Establishment. 
 Judges 
 
 Compensation 
 
 Same as judges of highest court ($4,000 per annum until 
 otherwise provided by law). (Tex. V 4.) 
 Disqualified to Sit in Particular Cases 
 
 Court to certify fact to governor who shall immediately 
 commission requisite number of persons learned in law 
 for trial and determination of such case. (Tex. V 11.) 
 Eoio Selected 
 
 Elected by qualified voters of the state at general election. 
 
 (Tex. V 4.) 
 Impeachment 
 
 To be tried by senate. (Tex. XV 2.) 
 Number 
 
 Three. (Tex. V 3.)
 
 Index Digest 441 
 
 COURTS (Cont'd) 
 
 Intermediate Courts of Appeal for Criminal Case* Oxly (Cont'd) 
 Judges (Cont'd) 
 
 Qtt<lliliciltl(iHS 
 
 Name as that of judges of highest court (citizen of United 
 States and state; 30 years; practicing lawyer or judge 
 seven years). (Tex. V 4.) 
 Term of Office 
 
 Six years, terms to end at different times. (Tex. V 4.) 
 Vacancies 
 
 Filled by appointment of governor until next succeeding 
 general election; successor elected for unexpired term. 
 
 (Tex. V 4.) 
 Jurisdiction 
 Appellate 
 
 Criminal cases of whatever grade with such exceptions and 
 under such regulations as may be prescribed by law. 
 
 (Tex. V 5.) 
 From county courts. (Tex. V 16.) 
 
 From general trial courts for criminal cases only when such 
 court is established. (Tex. V 16.) 
 General Provisions 
 
 To have power upon affidavits or otherwise to ascertain such 
 matters of fact as may be necessary to the exercise of 
 
 jurisdiction. (Tex. V 5.) 
 Territorial Extent 
 
 Coextensive with state. (Tex. V 5.) 
 Quorum 
 
 Two (out of three). (Tex. V 4.) 
 Time and Place of Holding 
 
 Shall sit for the transaction of business from the first Monday 
 in October until the last Saturday of June in each year at 
 state capitol and two other places, or capital city if legislature 
 
 so provide. (Tex. V 5.) 
 Writs 
 
 Court and judges may issue writs of habeas corpus and. under 
 regulations prescribed by law. issue writs necessary to enforce 
 
 own jurisdiction. I Tex. V 5.) 
 Judges 
 
 See also below, this title. .TrmciAL Officers. 
 
 Of a particular court. See tiiron<ihout this title. 
 
 In Delairare. See also above, this title, Associate Judges of State. 
 
 Ad Litem Appointees 
 
 Legislature may by general laws make provision that special 
 judges may be appointed to hold any court judge of which 
 is unable or fails to sit, or to hear cause in which judge 
 
 incompetent. (Tenn. V! 11.) 
 If any or all judges disqualified or otherwise prevented from 
 presiding, court or justices to certify fact to governor; gov- 
 ernor shall commission specially, requisite number of men 
 learned in the law for trial of cause. (S.C. V I
 
 442 State Constitutions 
 
 COURTS (Cont'd) 
 
 Judges (Cont'd) 
 
 Ad Litem Appointees (Cont'd) 
 
 Disqualification of judge of inferior tribunal to be remedied a3 
 
 prescribed by law. (Tex. V 11.) 
 
 For change of venue when judges disqualified, See below, this 
 
 title, Tbials. 
 Commissions 
 
 Shall be commissioned by governor. (Va. VT 102; W.Va. VIII 
 
 16.) 
 
 Compensation 
 
 Amount 
 
 As provided by law. (Ore. VII 1; Tenn. VI 7.) 
 As provided by law; consistent with constitution. (Va. VI 
 
 102.) 
 Judges of courts of record, except probate courts, to receive 
 
 compensation at stated times. (Ala. VI 150.) 
 Judges of courts of record receiving a salary to receive, at 
 stated times, compensation prescribed by law. (Mo. VI 
 
 33.) 
 Judges required to be learned in the law ; to receive adequate 
 compensation fixed by law. (Pa. V 18.) 
 Increase or Decrease 
 
 Prohibited during term for which elected. (Tenn. VI 7; 
 
 Va. VI 102.) 
 Prohibited during term for which elected, in case of judges 
 
 of courts of record receiving a salary. (Mo. VI 33.) 
 Decrease prohibited during term for which elected. (Ariz. 
 
 VI 24; Ore. VII 1.) 
 
 Decrease during official term prohibited, in case of judges 
 
 of courts of record, except probate courts. (Ala. VI 150.) 
 
 Decrease of salary prohibited during continuance in office. 
 
 (NX. IV 18.) 
 No judge to be affected in his salary during period for which 
 elected or appointed. Legislation so affecting judge or 
 court to take effect only at end of term of office, but this 
 provision not to affect provisions of constitution relative 
 to impeachment or removal. (La. 114.) 
 Fees and Perquisites 
 
 Fees and perquisites prohibited. (Tenn. VI 7.) 
 No fees, perquisites, commissions or reward to be allowed 
 besides annual salary, for discharge of official duty. (Md. 
 
 IV 6, D.Pv. 33.) 
 Fees and perquisites prohibited, in case of judges of courts 
 
 of record, except probate courts. (Ala. VI 150.) 
 Judges required to be learned in the law; not to receive 
 compensation, fee or perquisite, other than salary, from 
 
 any source. (Pa. V 18.) 
 
 No common carrier, under heavy penalty to be fixed by 
 
 assembly, shall give free passes or reduced rates to any 
 
 judge, and judge accepting free passes or reduced rates 
 
 not common to public shall forfeit his office. (Ky. 197.)
 
 Index Digest 443 
 
 COURTS (Cont'd) 
 Judges (Cont'd) 
 
 Compensation (Cont'd) 
 Hoio Payable 
 
 By state in case of judges required to be learned in the law. 
 
 (Pa. V 18.) 
 Legislature shall impose a tax on civil suits commenced 
 in municipal, inferior or circuit courts, which shall con- 
 stitute a fund to be applied toward the payment of judges' 
 
 salaries. (Wis. VII 18.) 
 Legislature to provide by law that upon institution of each 
 civil action and other proceedings and upon perfecting 
 each appeal in civil action or proceeding in courts of 
 record, a special fee be paid to clerk of court; to be 
 accounted for by clerk and to constitute fund toward pay- 
 ment of compensation of judges, as directed by law. ( Xev. 
 
 VI 16.) 
 Retired Judges 
 
 Legislature to provide by proper appropriation for salaries 
 of retired judges in same manner as it provides for other 
 judicial expenses. (La. 86.) 
 Conservator of Peace 
 
 To be throughout state. (Del. XV 1; La. 90; Md. IV 6; Okla. 
 
 VII 19; S.C. V 11; Tex. V 12.) 
 Dual Office Holding 
 
 Ineligible to legislature. (Ark. V 7; 111. IV 3; Me. IX 2; 
 
 Mass. Amend. VIII; X.D. II 37.) 
 Ineligible to legislature during term for which elected. (Tex. 
 
 Ill 19.) 
 
 Xot to be entitled to seat in legislature and upon election and 
 
 taking, office of judge to be vacant. (X.J. IV Sec. V 3; 
 
 Va. IV 44.) 
 
 Xot to hold office of governor, have seat in legislature or council, 
 
 and being chosen and appointed to and accepting office of judge 
 
 shall operate as a resignation from governorship, legislature 
 
 or council. (X.1I. II 94.) 
 
 Ineligible to legislature (not applicable to justices of peace). 
 
 Xot to hold any office of trust or profit under state or United 
 
 States. (Tenn. TI 26, VI 7.) 
 
 Xot to hold any office, civil or military or political trust, or 
 
 employment of any kind whatever, under constitution or law3 
 
 of state, or of United States, or any of them. (Md. D.R. 33.) 
 
 Xot to hold any office of trust or profit under state or any other 
 
 government: acceptance of vacates office; during continuance 
 
 in office not eligible to any political office. (W.Va. VTII 16.) 
 
 All judges required to be learned in law not to hold any other 
 
 office of profit under United States, this state or any other 
 
 state. (Jfa. V 18.) 
 Xo judge after election and engagement to accept any appoint- 
 ment under any other government; acceptance to vacate office,
 
 444 State Constitutions 
 
 COURTS (Cont'd) 
 Judges (Cont'd) 
 
 Dual Office Holding (Cont'd) 
 
 not to apply to any person appointed to take depositions or 
 acknowledgment of deeds, or other legal instruments, by author- 
 ity of any other state or country. (R.I. IX 6.) 
 Judges of courts of record except probate courts not to hold 
 any offiee, except judicial offices, of profit or trust under state 
 or United States, or any other government, during time for 
 which elected or appointed. (Ala. VI 150.) 
 Not to hold office in legislature.. (N.D. II 37.) 
 Not to hold office of attorney-general, county attorney, treasurer 
 of state, adjutant-general, judge of probate, register of probate, 
 register of deeds, sheriff or deputy, clerk of judicial court. If 
 seat in Congress of United States is accepted, office is vacated. 
 
 (Me. IX 2.) 
 
 Not to hold office of governor, lieutenant-governor or councillor 
 
 (except judge of court of sessions) ; shall not continue to hold 
 
 office after election to Congress of United States and accepting 
 
 that trust; acceptance of trust deemed and taken to be a 
 
 resignation of office. (Mass. Amend. VIII.) 
 
 Election 
 
 As to whether elected or appointed, See beloic, this subdivision, 
 
 How Selected. 
 
 At general election on Tuesday after the first Monday in 
 
 November and in city of Baltimore, fourth Wednesday of 
 
 October. (Md. IV 5.) 
 
 All judges elected by electors of state at large, may be elected at 
 
 either general or municipal election as circumstances may 
 
 require. (Pa. VIII 3.) 
 Until otherwise provided by law. shall be held and the poll books 
 returned as is pr6vided for governor, abstract certified to secre- 
 tary of state, shall be by him opened in presence of governor, 
 who shall declare result and issue commissions to persons 
 
 elected. (Ohio Sched. 15.) 
 No election at any general election for state or county officers, 
 
 or within 30 days before or after. (Wis. VII 9.) 
 Legislature may provide for election of all judges of general or 
 appellate jurisdiction by an election to be held for such officers 
 
 only. (Tnd. II 14.) 
 Judges of courts of record elected as provided by law; in case of 
 tie or contest determination as provided by law. (Mo. VI 30.) 
 How Selected 
 
 Elected by epia lined voters of state or their respective districts. 
 
 (Ore. VII 1.) 
 
 Judges of inferior courts established by legislature appointed by 
 
 governor with consent of majority of all members elected 
 
 to senate. (Del. IV 32.) 
 Elected by qualified voters of district. (Md. IV 3.) 
 All judges Other than those provided for in constitution elected 
 by qualified voters of district. (Minn. VI 9; Ohio IV 10.)
 
 Ixdex Digest 4:1-75 
 
 COURTS (Cont'd) 
 Judges (Cont'd) 
 
 How Selected (Cont'd) 
 
 Judges of inferior courts elected by qualified voters of district 
 
 or circuit. (Tenn. VI 4.) 
 Judges of inferior courts elected by qualified electors of juris- 
 diction. (Wis. VII 2.) 
 Judges of Inferior courts established by law elected as provided 
 
 by law. (N.C. IV 30.) 
 Judges of inferior courts established by law to be elected or 
 
 appointed as provided by law. (Ala. VI 153.) 
 Judges required to be learned in law I except judges of highest 
 court) elected by qualified electors of districts over which they 
 
 are to preside. (Pa. V 13.) 
 District court justices may be elected in cities in manner and 
 with power prescribed by law. (X.Y. VI 17. 
 Impeachment, See Impeachment. 
 Number 
 
 Xot more than five members- of court. Inferior to highest court, 
 
 established by legislature. (Ala. VI 13'.'. 
 Of judges of inferior courts to be prescribed by law. (Cal. VI 
 
 11.) 
 Change by legislature in number of judges not to work removal 
 
 of any judge. (Ariz. VI 24.) 
 Oath of Office 
 
 Take and subscribe form prescribed; affirmation allowed. (Mass. 
 
 Pt. II Ch. VI 2; Miss. VI 155.) 
 To be bound by oath or affirmation to support constitution of 
 
 United States. (R.I. IX 4.) 
 
 Additional to that taken by officers generally : must take oath 
 
 not to receive profits of any other office during term of acting 
 
 as judge. ( Md. I 6.) 
 Power of Appointment 
 
 Xone except as provided in constitution. i W.\"a. VI 40.) 
 Xo person related to any judge by affinity or consanguinity 
 within degree of first cousin to be a]. pointed or employed by 
 judge or court in any office or duty in any court of which 
 said judge a member. (Utah VI II 15.) 
 Powers at Chambers 
 
 Those prescribed by law. (Ohio I v Iv 
 
 As provided by law in case of judges of courts of record. Kan. 
 
 Ill 16; Nebr. VI 23.) 
 Prohibited from Presiding 
 
 Either party connected with him by consanguinity or affinity. 
 
 except by consent of both parties. (Miss. VI 165.) 
 Either party connected with him by consanguinity or affinity 
 
 within degree of first cousin. (N.M. VI 18.) 
 Either party connected with him by consanguinity or affinity 
 within degree pffeseribsd by law. i Ark. VII 20; Md. IN' 7: 
 S.D. V 6; Tenn. VI 11; Tex. V 11.)
 
 446 State Constitutions 
 
 COURTS (Cont'd) 
 Judges (Cont'd) 
 
 Prohibited from Presiding (Cont'd) 
 
 Has been counsel in case. (Ark. VII 20; Md. IV 7; KM. VI 18.) 
 
 S.C. V 6; Tenn. VI 11; Tex. V 11.) 
 Has presided in case in inferior court. (Ark. VII 20; N.M. VI 
 
 IS; S.C. V 6; Tenn. VI 11.) 
 Interested in case. (Ark. VII 20; Md. IV 7; N.M. VI 18; S.C. 
 
 V 6; Tenn. VI 11; Tex. V 11.) 
 
 Validity of bond, federal, state, corporation or municipality is 
 
 involved, judge holds in his own right, or as representative 
 
 of others, any material interest in the class of bonds upon 
 
 which the question to be decided arises. (Ga. VI Sec. II 3.) 
 
 Disqualified judge may preside with consent of all parties. (Tenn. 
 
 VI 11.) 
 Ad litem appointees, See above, this subdivision, Ad Litem Ap- 
 pointees. 
 Prohibitions on Practice of Law 
 
 Shall not practice profession of law. (W.Va. VIII 16.) 
 Shall not act as attorney or be of counsel or originate any civil 
 suit in matters which shall come or be brought before him as 
 
 judge. (N.H. II 78.) 
 Judges of courts of record not to practice in any court of state 
 
 or United States. (Ala. VI 162.) 
 
 Judges of courts of record not to practice in any court in 6tate 
 
 during continuance in office. (Ariz. VI 12; Cal. VI 22; Wash. 
 
 IV 19.) 
 Qualifications 
 Age 
 
 At least 30 years of age at beginning of term of service. 
 
 (W.Va. IV 4.) 
 At least 30 years of age at time of election or appoint- 
 ment, (Md. IV 2.) 
 Thirty years for judges of inferior courts. (Tenn. VI 4.) 
 Twenty-five years for judges of courts of record. (Ala. VI 
 
 154.) 
 Attorney 
 
 Admitted to practice in state. (Md. IV 2.) 
 Whenever constitution requires a previous practice for term 
 of years, there shall be included in such term the time 
 the judge occupied the bench of any court of record in this 
 state, provided he shall be a licensed attorney five years 
 before election or appointment. (La. 113.) 
 Character 
 
 To be selected from those most distinguished for integrity. 
 
 (Md. IV 2.) 
 Citizenship 
 
 Citizen of state. (Md. IV 2.) 
 
 Citizen of state for five years next preceding election or ap- 
 pointment. (W.Va. IV 4.)
 
 Index Digest 447 
 
 COURTS (Cont'd) 
 Judges (Cont'd) 
 
 Qualifications (Cont'd) 
 Citizenship (Cont'd) 
 
 Citizen of United States and of state for five years preced- 
 ing election or appointment, in case of judges of courts of 
 
 record. (Ala. VI 154.) 
 Educational 
 
 To be selected from those who are most distinguished for 
 
 wisdom and sound legal knowledge. (Md. IV 2.) 
 Learned in the law, in case of judges of courts of record, 
 except judges of probate. (Ala. VI 154.) 
 Electoral 
 
 Qualified voters. (Md. IV 2.) 
 Political 
 
 No more than three or five law judges of state in office at 
 same time shall have been appointed from same political 
 
 party. (Del. IV 3.) 
 Residence 
 
 In state five years, and six months next preceding their 
 
 election or appointment in district. (Md. IV 2.) 
 Judges of inferior courts, before election five years in state 
 and one year in circuit or district. (Tenn. VI 4.) 
 Re-election 
 
 Re-eligible at end of term if not 70 years old. (Md. IV 3.) 
 Removal 
 Grounds 
 
 Not to be removed, except for causes provided in constitu- 
 tion. (Md. D.R. 33.) 
 Age, disease, mental or bodily infirmity or intemperance, 
 making them incapable of discharging duties. (W.Va. 
 
 VIII 17.) 
 Cause. (111. VI 30; Ohio IV 17.) 
 
 Conviction of corruption or other high crime. ( Ind. VII 12. ) 
 
 Conviction in court of law of incompetency, wilful neglect 
 
 of duties, misbehavior in office or any other crime. (Md. 
 
 IV 4.) 
 
 Inability to discharge duties with efficiency by reason of 
 
 continued sickness or physical or mental infirmity. (Md. 
 
 IV 3.) 
 Mental or physical disability. (Va. VI 104.) 
 Reasonable cause not sufficient for impeachment. (Mich. 
 
 IX 6; Miss. IV 53.) 
 
 Reasonable cause not sufficient ground for impeachment, in 
 
 case of judges required to be learned in the law, except 
 
 judges of highest court. (Pa. V 15.) 
 
 Incompetency, corruption, malfeasance or delinquency in 
 
 office, other sufficient cause, in case of judges of courts of 
 
 record. (Wash. IV 0.)
 
 448 State Constitutions 
 
 COURTS (Cont'd) 
 Judges (Cont'd) 
 
 Removal (Cont'd) 
 Grounds (Cont'd) 
 
 Inability to discharge duties of office with efficiency by 
 reason of continued sickness or physical or mental in- 
 firmity, in case of judges of courts of record. (Mo. VI 
 
 41.) 
 
 High crimes and misdemeanors, non-feasance or malfeasance 
 in office, incompetency, corruption, favoritism, extortion 
 or oppression in office, gross misconduct or habitual 
 drunkenness, in case of judges of inferior courts. (La. 
 
 222, 217.) 
 
 Cause, in case of judges of inferior courts not of record. 
 
 (N.Y. VI 17.) 
 Method 
 
 Impeachment, See Impeachment. 
 
 Not to be removed except in manner provided in constitu- 
 tion. (Md. D.R. 33.) 
 
 By governor, on conviction in court. (Md. IV 4.) 
 
 By governor upon address of legislature. (Md. IV 4; Mich. 
 IX 6; Miss. IV 53; N.H, II 72.) 
 
 By governor on address of legislature, in case of judges re- 
 quired to be learned in the law, except judges, of highest 
 
 court. (Pa. V 15.) 
 
 By legislature. (111. VI 30; Ohio IV 17; Tenn. VI 6; Utah 
 VIII 11; Va. VI 104; W.Va. VIII 17.) 
 
 By legislature in case of judges of courts of record. (Wash. 
 
 IV 9.) 
 
 By legislature, with approval of governor, if judge unable 
 to perform duties. (Md. IV 3.) 
 
 By legislature, with approval of governor, in case of judges 
 of courts- of record. (Mo. VI 41.) 
 
 On information in name of state, by highest court, or in 
 other manner prescribed by law. (Ind. VII 12.) 
 
 By general trial court of domicile, in case of judges of 
 inferior courts. (La. 222.) 
 
 By such courts as may be prescribed by law, in case of 
 judges of inferior courts not of record. (N.Y. VI 17.) 
 Vote Required 
 
 Three-fourths of members elected to each house. (111. VI 30. ) 
 
 Three-fourths of members elected to each house in case of 
 judges of courts of record. (Wash. IV 9.) 
 
 Two-thirds of members elected to each house. (Md. IV 3; 
 Tenn. VI 6; Utah VIII 11; Va. VI 104; W.Va. VIII 17.) 
 
 Two-thirds of each house. (Md. IV 4; Mich. IX 6; Miss. 
 
 IV 53; Ohio IV 17.) 
 
 Two-thirds of each house in case of judges required to be 
 learned in the law. (Pa. V 15.) 
 
 Two-thirds of members of each house, in case of judges of 
 courts of record. (Mo. VI 41.)
 
 ! \ !»l ■ X I >IGEST 44-0 
 
 COURTS [Cont'd) 
 
 Jcdges (Cont'd) 
 
 Removal (Cont'd) 
 Formalities 
 
 Xotice to be given. (Md. IV 4; Mi-. IV #£; Mo. VI 41; 
 
 X. Y. VI 17; Ohio IV 17.' 
 InciiiiilicTii t<> have notice and copy of complaint a1 Least 10 
 days before day on which either hoUSe shall act. (Tenn. 
 
 VI (J; 1'tali XIII 11.) 
 
 Incumbent to be served wiih copy of complaint at least 
 
 20 days before day on which either ftbtise acts. (Ya. 
 
 VI 104; W.Va. VIII 17.) 
 Incumbent to be served with copy of charges. (Wash. IV 
 
 9.) 
 Incumbent to have opportunity to be heard. (Md. IV 4; 
 
 X.Y. YI 17; Ohio IV 17; Wash. IV 9.) 
 Incumbent to have opportunity to be heard in person or by 
 
 counsel. (Miss. IV 53.) 
 Incumbent to have right to be heard in his defense in man- 
 ner prescribed by law. (Mo. VI 41.) 
 Yeas and nays entered on journals. (Tenn. VI 6; Utah 
 
 VIII 11; Wash. IV 9.) 
 Causes entered on journals. (111. VI 30; Miss. IV 53; 
 Mo. VI 41; Ohio IV 17; Tenn. VI 6; Utah VIII 11; Va. 
 
 VI 104; W.Va. VIII 17.) 
 Causes entered at length on journals. (Mich. IX 6.) 
 Causes stated in resolution and resolution entered at length 
 
 on journals. (Wash. IV 9.) 
 Suit instituted by district attorney, on own motion or on 
 written request and information of 25 resident citizens 
 and taxpayers. Defendant, the state, citizens and 
 taxpayers on whose information and at whose request 
 such suits brought, may appeal both on law and facts 
 from judgment of court to intermediate court of appeals. 
 In ease of acquittal, judgment rendered jointly and ui 
 solido against citizens signing request for all costs of suit. 
 Appeals returnable within 10 days and may ho trans- 
 ferred to another parish within circuit and to have prefer- 
 ence over all other eases. If district attorney or attorm 
 general fails to institute and prosecute suit, citizens and 
 taxpayers making request may mandamus him. Pendency 
 of suits not to operate as suspension of defendant from 
 
 office. (La. 222.) 
 Residence 
 
 Whenever a judge shall remove beyond the limits of jurisdiction 
 for which elected to lie deemed to have vacate] his office. 
 
 i Mich. VII 19.) 
 Judges, other than of highest court, to reside, during continu 
 in office, within districts for which elected. (Pa. A" 19.) 
 
 15
 
 450 State Constitutions 
 
 COURTS (Cont'd) 
 Judges (Cont'd) 
 
 Retirement on Account of Age 
 
 On reaching 70. (Conn. V 3; N.H. II 77.) 
 
 On the last day of December next after reaching 70 years. 
 
 (N.Y. VI 12.) 
 On reaching 70; unless legislature see fit to continue him 
 for rest of his term. (Md. IV 3.) 
 Term of Office 
 
 During good behavior. (Mass. Pt. I 29; N.H. II 72.) 
 Those not provided for in constitution, no longer than five years. 
 
 (Ohio IV 10.) 
 Six years. (Ore. VII 1.) 
 Those not provided for in constitution, no longer than seven 
 
 years. (Minn. VI 9.) 
 Judges of inferior courts, eight years. (Tenn. VI 4.) 
 Not to exceed eight years in case of judges of inferior courts 
 
 established by legislature. (N.C. IV 30.) 
 Ten years if behavior is good, in case of judges required to be 
 learned in the law (except judges of highest court). (Pa. V 
 
 15.) 
 Fifteen years from time of election and until successors elected 
 
 and qualified. (Md. IV 3.) 
 As fixed by law, in case of judges of courts established by legis- 
 lature. (Del. IV 32.) 
 Of judges of inferior courts not to be longer than that of judges 
 
 of general trial court. (Wis. VII 2.) 
 District court justices elected in cities for terms prescribed by 
 
 law. (N.Y. VI 17.) 
 Begins 1st day of February after election. (Va. VI 102.) 
 Begins first Monday of January after election, in case of judges 
 
 of courts of record. (Mich. XVI 1.) 
 No judge to be affected in his term of office during period for 
 which elected or appointed. Legislation so affecting judge or 
 court to take effect only at end of term of office, but this pro- 
 vision not to affect provisions of constitution relative to im-> 
 peachment or removal. (La. 114.) 
 Vacancies 
 
 Filled by appointment or election for unexpired term. ( Fla. 
 
 V 33.) 
 Filled by election, but where the unexpired term does not exceed 
 
 one year, by appointment. (111. VI 32.) 
 Filled by governor until successor be elected and qualified. (Ind. 
 
 V 18; Ore. V 16.) 
 
 Filled by governor until successor elected; successor elected at 
 
 election for members of legislature for unexpired term. (Md. 
 
 IV 5.) 
 Filled by governor, in case of judges of courts of record, until 
 successor elected and qualified; successor to hold residue of 
 unexpired term. (Mich. VII 20.)
 
 Index Digest 451 
 
 COURTS (Cont'd) 
 Judges {Cont'd) 
 
 Vacancies {Cont'd) 
 
 Filled by governor until successor elected; successor elected at 
 first annual election which occurs more than 30 days after 
 the vacancy. (Minn. VI 10.) 
 Filled as provided by law, in case of judges of courts of record. 
 
 (Mo. VI 32.) 
 Filled by governor until successor elected and qualified; such 
 election at first annual election that occurs more than 30 
 days after vacancy, for unexpired term. (Ohio IV 13.) 
 Filled by governor, in case of judges of courts of record, until 
 first Monday of January next succeeding first general election 
 occurring three or more months after vacancy. (Pa. V 25.) 
 Filled by elections as "herein prescribed"; appointment by 
 governor if unexpired term does not exceed one year; suc- 
 cessor serves for unexpired term. (S.C. V 11.) 
 Filled as provided by law, in case of judges of inferior courts. 
 
 (Tex. V 11.) 
 Filled by legislature for unexpired term. (Va. VI 102, 103.) 
 Writs 
 
 Judges of inferior courts of law or equity may in civil cases issue 
 writs of certiorari to remove any cause or transcript of record 
 from any inferior jurisdiction into such " court of law " on 
 sufficient cause, supported by oath or affirmation. (Tenn. VI 
 
 10.) 
 
 JUDGMENTS 
 
 See also above, this title, Decisions. 
 
 Of a. pa/rticula/r class of courts, See throughout this title. 
 
 Force and effect in case of all courts of same class or grade, so far 
 as regulated by law, to be uniform. (Colo. VI 28; Ida. V 26; 111. 
 VI 29; Nebr. VI 19; Pa. V 26; S.D. V 34.) 
 
 Same; except city courts; uniformity must be established by legis- 
 lature. (Ga. VI Sec. IX 1.) 
 
 Methods for enforcing not to be provided or changed by private, 
 local or special law. (La. 4S; Mo. IV 53; Okla. V 46; Pa. Ill 7; 
 
 Tex. Ill 56; Va. IV 63.) 
 
 Not to be confessed by any document under private signature exe- 
 cuted prior to maturity of obligation sued on. (La. 91.) 
 Judicial Officers 
 
 Provisions in the constitution relating to judicial officers arc of three 
 kinds: first, those ivhich relate, to all judicial officers; second, those 
 irliicli relate to officers of specifically designated courts or courts 
 of a- particular class; third, those which relate to particular classes 
 of judicial officers (e. g., Judges) without amy specific designation 
 of the courts with which they arc connected. Provisions falling under 
 the first hi ad are collected under this subhead: provisions falling 
 under the second and third heads will be found throughout this 
 title. For provisions relating to all public officers, and Inner to 
 judicial officers, See Public Officers.
 
 452 State Constitutions 
 
 4 
 
 COURTS (Cont'd) 
 
 Judicial Officers (Cont'd) 
 Absence 
 
 From state for more than 60 consecutive clays; forfeiture of 
 office. (Ariz. VI 8; Cal. VI 9; Mont. VIII 37; Wash. IV 8.) 
 From state for more than 90 consecutive days; forfeiture of 
 
 office. (Xev. VI 17.) 
 From city or district for more than 90 consecutive days; 
 
 forfeiture of office. (Utah VIII 27.) 
 In case of extreme necessity governor may extend leave. (Ariz. 
 
 VI 8; Utah VIII 27; Wash. IV S.) 
 Legislature no power to grant leave of absence. (Cal. VI 9; 
 
 Nev. VI 17.) 
 Bribery, See Public Officers — Bribery. 
 Commissions 
 
 To be commissioned by governor. (Ark. VIII 4S; 111. VI 29.) 
 Compensation 
 
 Fees or perquisites of office not to be received to own use by 
 judicial officers except justice of peace. (N.Y. VI 20.) 
 ' Fees or perquisites not to be received to own use by judicial 
 
 officer except justices of peace and city recorders. (Nev. 
 
 VI 10.) 
 
 Fees or perquisites of office not to be received to own use by 
 
 judicial officers, except court commissioners. (Cal. VI 15.) 
 
 Fees or perquisites of office not to be received to own use by 
 
 judicial officers, except court commissioners and unsalaried 
 
 justices of peace. (Wash. IV 13.) 
 
 Conservators of Peace 
 
 Shall be. (Fla. V 36.) 
 
 Shall be such in their respective jurisdiction. (Ala. VI 157; 
 
 Ind. VII 15.) 
 Dual Office Holding 
 
 Ineligible for any office of trust or profit under state except 
 
 judicial, during term for which elected. (Ind. VII 16.) 
 Pedsons holding office of trust or profit under authority of Con- 
 gress, ineligible. (Vt. II 50.)- 
 Free Passes, etc., See Public Officers. 
 How Selected 
 
 Appointed by governor with advice and counsel of council, ex- 
 cept judges and registers of probate; nomination made seven 
 days prior to appointment. (Me. V Ft. I 8, VI 7.) 
 Appointed by governor with advice and consent of council; 
 nomination made by governor at least seven days prior to 
 appointment. (Mass. Pt. II Ch. II Sec. I 9.) 
 Appointed by governor and council ; nomination made at least 
 three days prior to appointment and no appointment to take 
 place unless majority of council agrees. Governor and council 
 to have negative on each other both in nomination and ap- 
 ' pointment. every nomination and appointment to be signed by 
 
 governor and council and every negative to be signed by
 
 I mux Digest 4.">:j 
 
 COURTS (Cont'd) 
 
 Judicial Officers {Cont'd) 
 How Selected {Cont'd) 
 
 " the governor or council who made the same''. (X.H. II 45, 
 
 46.) 
 
 Unless otherwise provided in the constitution, to be elected or 
 
 appointed at such times and in such manner as prescribed by 
 
 law. (N.Y. VI IS.) 
 In cities, where election or appointment not otherwise provided 
 for in judicial article, to he chosen by electors, or appointed 
 by local authority. (N.Y. VI 17.) 
 Impeachment, See Impeachment. 
 Oath of Office 
 
 Form set forth; affirmation allowed. (Ala. XVI 279; Ark. XIX 
 
 20; Conn. X 1; Mass. Pt. II Ch. VI 2; Mont. XIX 1; Xebr. 
 
 XIV 1; Okla. XV 1; Pa. VII 1; Vt, II 52; Va. II 34.) 
 
 Form set forth; affirmation allowed; inferior officers may be 
 
 exempt. (Cal. XX 3; Del. XIV; X.D. XIV 211; X.Y. XIII 1; 
 
 Wis. IV 28.) 
 
 Administered either by presiding officer of either legislative 
 
 branch or by any officer authorized to administer oath. (Ala. 
 
 XVI 279.) 
 Filed with clerk of county where taken; members of highest 
 
 court exempt. (Okla, XV 2.) 
 False swearing or affirmation or violation of either is perjury; 
 to work forfeiture of any office of trust or profit. (Okla. 
 
 XV 2.) 
 Refusal to take oath or affirmation to work forfeiture of office. 
 
 (Okla. XV 2.) 
 Qualifications 
 
 Musi ue citizen of state and qualirieu elector of territorial juris- 
 diction. (La. 210.) 
 Removal 
 
 By address of both branches of legislature to executive. (Me. 
 
 VI 4.) 
 By governor with consent of council on address of both houses 
 
 of legislature. (Mass. Pt. TT Ch. Ill 1; X.H. II 72.) 
 Judicial officers, except justice of the peace, removed by senate 
 on recommendation of governor. Cause entered on journal; 
 incumbent served with copy of complaint and opportunity to 
 be heard in his defense. Yeas and nays entered on journal. 
 (Justices of highest court, intermediate court of appeals and 
 general Irial courts, removed by concurrent resolution of both 
 houses by two-thirds vote of each house; otherwise same as 
 ahove.) (Cal. VI 10.) 
 Judicial officers, except justices of the peace and judges of in- 
 ferior courts, not of record, removed for cause by senate on 
 vote of two-thirds of all members elected, on recommendation 
 of governor. Cause entered on journals; incumbent served 
 with statement of cause and opportunity to be heard. Yens
 
 454- State Constitutions 
 
 COURTS (Cont'd) 
 
 Judicial Officers (Confd) 
 Removal (Cont'd) 
 
 and nays entered on journal. (Judges of highest court and 
 of general trial courts removed by concurrent resolution of 
 both houses by two-thirds vote of all members elected to each 
 house; otherwise same as above.) (N.Y. VI 11.) 
 Residence 
 
 Within their territorial jurisdiction; removal to work for- 
 feiture notwithstandiing any declaration as to retention of 
 
 domicile. (La. 210.) 
 Term of Office 
 
 During good behavior except as otherwise provided in constitu- 
 tion. (Mass. Pt. II Ch. Ill 1; N.H. II 72.) 
 Seven years for all appointed officers unless reappointed. ( Me. 
 
 VI 4.) 
 Until successor qualified. (Kan. Ill 12.) 
 Vacancies 
 
 Filled by appointment by governor until next regular election 
 
 occurring more than 30 days after vacancy. (Kan. Ill 11.) 
 During recess of senate filled by governor; during session of 
 senate, governor to make nomination before final adjournment; 
 but if vacancy in elective office successor chosen at next elec- 
 tion appropriate to office, unless vacancy occurs within two 
 calendar months preceding election, in which case election to 
 be held at second succeeding election day appropriate to 
 
 office. (Pa. IV 8.) 
 Judicial Sales, See Judicial Sales. 
 Juries, See Juries. 
 
 Juries, Charge to, See below, this title, Trials. 
 Jurisdiction 
 
 See also Distribution of Powers. 
 
 For jurisdiction of courts established by legislature, See above, this 
 
 title. Establishment. 
 Of a particular class of courts, See throughout this title. 
 Legislature to distribute jurisdiction not pertaining to highest court 
 among other courts prescribed in constitution, or which may be 
 prescribed by law. (N.C. IV 12.) 
 Legislature to have no power to deprive judicial department of any 
 power or jurisdiction which rightfully pertains to it as a co-ordi- 
 nate department of the government. (Ida. V 13; N.C. IV 12.) 
 Except in so far as expressly changed by this amendment, to remain 
 as at present until otherwise provided by law. (The amendment 
 referred to is a new judicial article; the original article is reduced 
 to the level of an ordinary act by this amendment; provisions are 
 
 not digested.) (Ore. VII 2.) 
 To be regulated by law. except so far as conferred by this constitu- 
 tion. (Va. VI S7.) 
 Legislature may alter and regulate, except as limited in constitution. 
 
 (X.Y. VI 3.)
 
 Index Digest 455 
 
 COURTS (Cont'd) 
 
 Jurisdiction (Cont'd) 
 
 Of all courts of same clasa or grade, so far as regulated by law, to 
 be uniform. (Colo. VI 28; 111. VI 29; Mont. VIII 26; Nebr. VI 19; 
 
 Pa. V 26.) 
 
 Same; except city courts; uniformity must be established by legis- 
 lature. (&a. VI Sec. IX- 1.) 
 
 Of all courts of same class or grade, so far as regulated by law, to 
 be uniform; but legislature may classify county courts according 
 to population of respective counties and fix; jurisdiction accordingly. 
 
 (S.D. V 34.) 
 
 Organized judicial powers of all courts of same class or grade, so 
 far as regulated by law, to be uniform. (Ida. V 26.) 
 
 No judge to be affected in his jurisdiction as to territory or amount 
 during period for which elected or appointed. Legislation so affect- 
 ing judge or court to take effect only at end of term of office, but 
 this provision not to affect provisions of constitution relative to 
 impeachment or removal. (La. 114.) 
 
 Xot to be regulated by local, private or special law. (Ky. 59; La. 48; 
 Mo. IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill 56; Va. IV 63.) 
 
 Legislature to confer on courts power to grant divorces, change names 
 of persons, direct sale of estates belonging to infants and other 
 persons under legal disabilities. (Va. IV 63.) 
 
 All matters testamentary, of administration, business appertaining to 
 minors and allotment of dower, cases of idiocy and lunacy and 
 persons non compos mentis to be vested as legislature may provide. 
 
 (S.C. V 19.) 
 
 Legislature to have right to vest such powers with regard to private 
 and local affairs as may be expedient. (Tenn. XI 9.) 
 
 In all cases where there is appeal from judgment rendered on re- 
 conventional or other incidental demand, appeal shall lie to court 
 having jurisdiction of main demand. (La. 95.) 
 
 No court to have jurisdiction to entertain any contest wherein valid- 
 ity or constitutionality of bonds under section 281, regulating the 
 issue of bonds of municipal and other public corporations is ques- 
 tioned; provided that bonds have not already been declared in- 
 valid by judgment of court of last resort in state, and more than 
 60 days have elapsed since promulgation of proceedings evidencing 
 
 issue. (La. 281 (3) (1914).) 
 Justice. Administration of, See Administration of Justice. 
 Justices* ( 'otjrts 
 
 Subhead covers provisions relating to justices 3 courts whether juris- 
 diction or judicial organisation is referred to in constitution as 
 a justice's court or is given to justice of peace as such. For 
 election, qualification, administrative functions, etc., of justices of 
 
 peace, See below, this title. JUSTICES OF PEACE. 
 Abolishment, See beloic. this title, JUSTICES of Pea< k. 
 Appeals from 
 
 To a particular court, See throughout this title. 
 In cases prescribed by law. (Md. IV 42.)
 
 450 State Constitutions 
 
 COURTS (Cont'd) 
 
 Justices' Courts (Con I'd) 
 Appeals from (Cont'd) 
 
 Secured under rules provided by law. (Miss. VI 171; S.C. V 23.) 
 In cases and under regulations prescribed by law. (X.D. IV 
 
 114; W.Va. VIII 2S; Wyo. V 23.) 
 Right of appeal without prepayment of costs to be provided for 
 
 by law. (Ala. VI 16S.) 
 If legislature gives jurisdiction to court, right of appeal to some 
 other court must be given. (X.H. II 70.) 
 Character 
 
 Not to be courts of record. (Ariz. VI 10; Wash. IV 11.) 
 Clerks 
 
 Elected at general election by qualified electors of county, for 
 term of four years; office kept in town or place in county 
 where general trial court usually held. (Del. Ill 22, 23, 24.) 
 Establishment, See above, tliis title, Establishment. 
 Evidence 
 
 Legislature not to pass local or special law changing rules of 
 evidence in any judicial proceeding or inquiry before. (Mo. 
 IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill 50.) 
 Fees 
 
 Fees, fines and penalties to be paid into the county treasury. 
 
 (Pa. V 13.) 
 Judicial Districts 
 
 Each county to be divided by legislature; not less than three or 
 
 more than eight in county. (Ky. 142.) 
 
 Each county to be divided by legislature; not more than 25 
 
 for a county or four for each 100 square miles. (Tenn. VI 15.) 
 
 Each county to be divided into districts; not less than three nor 
 
 more than 10 in county; equal as may be in territory and 
 
 population. (W.Va. VIII 27.) 
 
 Each organized county to be divided ; not less than four nor more 
 
 than eight in county; division made by commissioners' courts 
 
 in districts. (Tex. V IS.) 
 
 Xot le<s than three or more than 10 in any county;, as nearly 
 
 equal as may be in territory and population; districts to 
 
 remain as now exist until changed by county court. (W.Va. 
 
 VIII 27.) 
 Jurisdiction 
 Civil 
 
 Amount in controversy not to exceed $100; none in assault 
 and battery, libel, slander or ejectment. (Ala. VI 168.) 
 As conferred by law; not to trench upon jurisdiction of any 
 court of record; except that they shall have concurrent 
 jurisdiction with general trial court in cases of forcible 
 entry and detainer where rental value does not exceed 
 $25 per month and where whole amount of damage claimed 
 does not exceed $200. (Ariz. VI 9.) 
 Concurrent in matters of damage to personal property in 
 contract where amount in controversy does not exceed
 
 Ixdkx Dk.ksi' 457 
 
 COURTS (Cont'd) 
 
 Justices' Courts (Cont'd) 
 Jurisdiction (Cont'd) 
 Civil (Cont'd) 
 
 $100; concurrent where amount in controversy exceeds 
 $100 and does nut exceed $300, exclusive of interest; con- 
 current in suits for recovery of personal property where 
 value of property does not exceed $30X1/5 none where a lien 
 on land or possession of land involved. (Ark. VII 40.) 
 
 As conferred by law: value of property or amount in con- 
 troversy not to exceed $300; none where boundary of or 
 title to land involved. (Colo. VI 2.3. i 
 
 As conferred hy law. (Conn. V 2; Wis. VII 15.) 
 
 Amount in controversy not to exceed $100. (Ela. V 22.) 
 
 In case- of personal property, injuries or damage to; amount 
 claimed not to exceed $100. (Ga. VI Sec. VII 2.) 
 
 Cases arising ex contractu amount claimed not to exceed 
 $100. (Ga. VI Sec. VII 2. | 
 
 Amount in controversy not to exceed $300. exclusive of 
 interest; none where boundary of or title to land involved. 
 
 (Ida. V 22.) 
 
 To be uniform. (111. VI 21; Ky. 142.) 
 
 Amount in controversy not to exceed $100, except by con- 
 sent of parties may be extended to amounf not exceeding 
 $300; none in chancery cases or where title to land may 
 be involved. (Iowa XI 1.) 
 
 Exclusive original amount under $50; concurrent with gen- 
 eral trial court when amount is between $50 and $100, 
 exclusive of interest; same limitations on suits regarding 
 ownership of movable property and of landlords for pos- 
 -essjun of leased premises when monthly or yearly rent, 
 or rent of unexpired term of lease does not exceed said 
 amounts ; none where title to land involved or political 
 corporation defendant or in matters of probate or where 
 successor is defendant. (La. 126.) 
 
 As now provided by law. (Md. IV 42.) 
 
 Exclusive to amount of $100 and concurrent to amount of 
 $300. which may be increased to $500, with such excep- 
 tions as provided by law. (Mich. VII 10.) 
 
 Amount in controversy not to exceed $100; none where title 
 to land involved. (Minn; VI S. ) 
 
 Amount in controversy not to exceed $200. (Miss. VI 171.) 
 
 As conferred by law. except as constitution otherwise pro- 
 vides; concurrent with general trial courts in forcible 
 entry and detainer; none in equity, in divorce, annulment 
 of marriage or where title or possession of land is in- 
 volved; none where amount in controversy exceeds $300; 
 no power to issue writs of quo warranto, habeas corpus, 
 mandamus, prohibition, injunction or certiorari. (Mont. 
 
 VIII 20. 21.)
 
 458 State Constitutions 
 
 COURTS (Cont'd) 
 
 Justices' Courts (Cont'd) 
 Jurisdiction (Cont'd) 
 Civil (Cont'd) 
 
 As conferred by law; amount in controversy not to exceed 
 $200; none where title to or boundary of land in dispute. 
 
 (Nebr. VI 18.) 
 As conferred by law; concurrent with general trial court 
 in cases of mechanics' liens or where the relation of land- 
 lord and tenant exists, or where possession has been 
 unlawfully or fraudulently obtained or withheld; none 
 where mining claims, boundaries of or titles to land are 
 involved or any cases that in any manner conflict with 
 courts of record. ( Nev. VIS.) 
 As conferred by law; amount in controversy not to exceed 
 $100; none where title to land in dispute. (N.H. II 76.) 
 Amount in controversy not to exceed $200, exclusive of 
 interest; none where title to or boundary of land involved. 
 
 (N.M. VI 26.) 
 
 In contract as conferred by law founded on contract, amount 
 
 claimed not to exceed $200; legislature may give in 
 
 other civil matters where value of property does not 
 
 exceed $50; none where title to land involved. (N.C. 
 
 IV 27.) 
 In actions other than amounts on contract value of property 
 in controversy not to exceed $50; actions founded on 
 contracts not to exceed $200. (N.C. IV 27.) 
 Concurrent with general trial court when amount in con- 
 troversy exclusive of costs does not exceed $200. (N.D. 
 
 IV 112.) 
 
 Amount in controversy, exclusive of costs, not to exceed 
 
 $200; none where boundaries of or title to land involved. 
 
 (N.D. IV 112.) 
 
 Concurrent with county court until otherwise provided by 
 
 law; amount not to exceed $200, exclusive of interest. 
 
 (Okla. VII IS.) 
 
 Value of property in controversy not to exceed $100; not in 
 
 equity cases; none where title to land involved. (S.C. 
 
 V 21.) 
 As conferred by law; amount in controversy not to exceed 
 
 $100 on boundary of or title to land involved. (S.D. 
 
 V 22.) 
 As conferred by law amount in controversy not to exceed 
 
 $200, exclusive of interest, of which exclusive original 
 
 jurisdiction is not given to the general trial courts or 
 
 county courts. (Tex. V 19.) 
 As now provided by law; legislature may restrict. (Utah 
 
 VIII S.) 
 As conferred by law; not to trench upon the jurisdiction of 
 
 general trial or other courts of record. (Wash. IV 10.) 

 
 Index Digest t59 
 
 COURTS {Cont'd) 
 
 Justices' Courts {Cont'd) 
 Jurisdiction {Cont'd) 
 Civil {Cont'd) 
 
 Cases of assumpsit, debt, detinue and trover; legislature may 
 eonfer additional, amount claimed not to exceed $300, 
 exclusive of interest. (VY.Va. VIII 28.) 
 Cases in which general trial court has jurisdiction; amount 
 in controversy not to exceed $200, exclusive of costs; none 
 where title to or boundaries of land involved. (Wyo. 
 
 V 22.) 
 Legislature may limit jurisdiction of justices in territory in 
 
 Cook county outside of city of Chicago to such outside 
 territory if municipal courts in city of Chicago created. 
 
 (111. IV 34.) 
 Criminal 
 
 As conferred by law. (Ariz. VI 9; Ida. V 22; Mich. VII 16; 
 Nev. VI 8; S.D. V 22; W.Va. VIII 28; Wis. VII 15.) 
 
 Misdemeanors as conferred by law. (Ark. VII 40; La. 126; 
 
 Wyo. V 22.) 
 
 Criminal, as conferred by law. (Conn. V 2.) 
 
 As conierred by law in assaults and batteries, keeping with- 
 out license public house, and unlawful sale of intoxicating 
 liquors, carrying concealed deadly weapons, disturbing 
 religious meetings, nuisance; such other misdemeanors as 
 legislature by two-thirds vote of all members elected to 
 each house may confer. (Del. IV 30.) 
 
 Criminal, as conferred by law; not to include felonies. (Fla. 
 
 V 22.) 
 To be uniform. (111. VI 21; Ky. 142.) 
 
 Where punishment does not exceed three months' imprison- 
 ment, or a fine of over $100. (Minn. VI S.) 
 
 Concurrent with general trial courts; where punishment 
 prescribed does not extend beyond a fine and imprison- 
 ment, in county jail; legislature may confer jurisdiction 
 in petty misdemeanors. (Miss. VI 171.) 
 
 As conferred by law; not in felony; except as examining 
 courts. (Mont. VIII 21.) 
 
 As conferred by law. none in cases where punishment may 
 exceed three months' imprisonment or fine of over $100. 
 
 (Nebr. VI IS.) 
 
 Where punishment is less than imprisonment in state prison. 
 
 (X.II. II 76.) 
 
 Where punishment does not exceed a fine of $50 or impi ifi 
 ment for 30 days. (X.C. IV 27.) 
 
 Misdemeanors as may be provided by law; in counties where 
 no county court with criminal jurisdiction exists. (X.I). 
 
 IV 112.) 
 
 Concurrent with county courts in cases of misdemeanors 
 where punishment does not exceed line of $200 or in>-
 
 460 State Constitutions 
 
 COURTS (Cont'd) 
 
 Justices' Courts (Cont'd) 
 Jurisdiction {Cont'd) 
 Criminal (Cont'd) 
 
 prisonment in county jail fur not exceeding 30 days, 
 or both such line and imprisonment. (Okla. VII 18.) 
 As conferred by law; none where punishment exceeds a fine 
 
 of $100, or imprisonment for 30 days. (S.C. V 21.) 
 As conferred by law; where penalty or fine not more than 
 
 $200. (Tex. V 19.) 
 As now provided by law; legislature may restrict. (Utah 
 
 VIII 8:) 
 
 As conferred by law; not to trench upon jurisdiction of 
 
 general trial court or other courts of record. (Wash. 
 
 IV 10.) 
 Private, Local or Special Laics 
 
 Not to be regulated by. (Ariz. IV 19; Cal. IV 25; Colo. 
 V 25; Ida. Ill 19; 111. IV 22? Ind. IV 22; Mo. IV 53; 
 Mont. V 26 j Xebr. Ill 15; Xev. IV 20; X.M. IV 24; X.D. 
 II 69; Okla. V 46; Ore. IV 23; Pa. Ill 7; Tex. Ill 56; 
 Utah III 56; Wyoi III 27.) 
 Xot to be increased by. (Ala. IV 104.) 
 Procedure 
 
 Hee also below, tJiis title. Procedure. 
 
 Practice not to be regulated by local, private or special law. 
 
 (Minn. IV 33; Mo. IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill 56.) 
 
 Process to be authenticated as prescribed by law. (Md. IV 1.) 
 
 To issue all necessary process in exercise of jurisdiction. (Ark. 
 
 VII 40.) 
 Each magistrate may appoint one or more constables to execute 
 
 writs and processes issued by him. (S.C. V 20.) 
 Justice to make record of proceedings in all cases and file same 
 with clerk of general trial court for his county. (X.C. IV 27.) 
 Special Organization for Particular Counties 
 
 In Philadelphia one court not of record for each 30,000 inhabit- 
 ants for police and civil causes jurisdiction not to exceed $100; 
 term of office, six years; elected on general ticket at municipal 
 election by qualified voters at large and no voter shall vote for 
 more than two-thirds of the number to be elected when more 
 than one chosen; compensated by fixed salaries to be paid by 
 county; exercise such civil and criminal jurisdiction except as 
 herein provided as exercised aldermen, subject to such changes 
 not involving an increase of civil jurisdiction or conferring 
 political duties as may be made by law: in Philadelphia the 
 office of aldermen is abolished. (Pa. V 12.) 
 Time and Place of Holding 
 
 Always open for transaction of business, except on legal holidays 
 
 and non-judicial days. (Mont. VIII 22.) 
 As provided by law. (Tex. V 20.) 
 To sit monthly at fixed times and place. (Ga..VI Sec. VII 2.)
 
 Ixdkx Digest 461 
 
 COURTS (Cont'd) 
 Justices of Peace 
 
 Under this subhead arc digested provisions dealing villi the justice 
 of peace as an individual. For provisions relating to judicial 
 organization and jurisdiction of justices' courts, Bee above, this 
 
 title, Justices' Courts. 
 
 For provisions referring to all judges, See above, this title, JUDGES- 
 Abolishment of Office 
 
 May be abolished in any city having population of over 20,000 
 except city of Savannah, and legislature may establish courts 
 to exercise duties. (Ga. VI Sec. VII 1.) 
 
 Legislature may abolish and confer jurisdiction upon judges of 
 county courts or elsewhere. (X.D. IV 112.) 
 
 Legislature may abolish in city of Chicago if municipal courts 
 
 created. (111. IV 34.) 
 
 Legislature may abolish justices of peace courts in wards of 
 cities containing more than 5,000 inhabitants, and create in 
 their stead courts with such civil jurisdiction as now vested 
 in justices of peace, and with criminal jurisdiction not ex- 
 tending beyond the trial of offenses not punishable by im- 
 prisonment and hard labor, the laws of the state and the 
 violation of municipal and parochial ordinances and the hold- 
 ing of preliminary examinations in cases not capital; compen- 
 sation of judges paid by parishes and cities in which estab- 
 lished, in proportions provided by law. (La. 96.) 
 
 Legislature may abolish justices' courts in any city having 
 population over 20,000, except city of Savannah, and estab- 
 lish in lieu thereof such court or courts as deemed necessary, 
 conferring upon such new courts jurisdiction now exercised 
 by justices of peace, notaries public and ex officio justices of 
 the peace, together with such additional jurisdiction either 
 as to amount or to subject-matters as may be provided by law, 
 whereof some other court has not exclusive jurisdiction under 
 constitution, together also with such provisions as to rules 
 and procedure, new trials and correction of errors and with 
 such further provisions for correction of errors by general 
 trial court or intermediate or leaser court of appeals or high- 
 est court as legislature may desire. (Ga. VI Sec. VII 1, 
 
 . . (19H).) 
 
 Commissions 
 
 Commissioned by governor. (Ark. VII 3S; Ky. 142; Tenn. VI 
 
 15.) 
 
 Commissioned for the county. (X.J. All Sec. II S.) 
 
 Compensation 
 Amount 
 
 As provided by law. (111. VI 32; Md. TV 42; Minn. VI 8; 
 
 Xehr. VI 20; ShC. V 20. 24; Utah VITI S.) 
 In incorporated cities and towns having more than 5.000 
 inhabitants salarv as may be provided by law. (Wash. 
 
 IV 10.) 
 Fees, salaries and emoluments to be prescribed by law. 
 
 (X.C. IV 13.)
 
 462 State Constitutions 
 
 COURTS (Cont'd) 
 
 Justices of Peace (Cont'd) 
 
 Compensation {Cont'd) 
 
 Fees and Perquisites 
 
 Fees not to be increased by local, private or special law. 
 
 (Ala. IV 104.) 
 
 Fees not to be regulated by local, private or special law. 
 
 (Mo. IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill 56.) 
 
 As provided by legislature; to be uniform throughout the 
 
 state. (Ala, VI 168.) 
 
 In civil matters as prescribed by law. (La. 126.) 
 
 In lieu of fees in criminal matters and peace bond cases, 
 
 which are prohibited, receive such salaries as may be fixed 
 
 by police jury which salary shall be graded; fee bill for 
 
 civil matters as provided by law, payable by parish. 
 
 (La. 12S, 129.) 
 
 Prohibited in criminal cases. ( S.C. V 20.) 
 
 Prohibited where they receive a salary (receive a salary in 
 
 towns having moKe than 5.000 inhabitants). (Wash. IV 
 
 10.) 
 Conservators of Peace 
 
 •Shall be. (Ky. 142; Md. IV 42; Utah VIII 21; W.Va. VIII 28.) 
 
 To be throughout state. (Okla. VII 19.) 
 
 To bind persons to keep the peace or for good behavior. (Ark. 
 
 VII 40.) 
 
 Within their respective counties. (Ark. VII 40; W.Va. IX 7.) 
 
 Within their respective districts. (X.M. VI 21.) 
 
 Dual Office Holding 
 
 Xot to hold seat in legislature. (X.D. II 37.) 
 
 Xot to hold seat in legislature; election and taking seat in 
 
 legislature vacates office. (X.J. IV Sec. V 3.) 
 Xot to be judge of. county court. (W.Va, VIII 30.) 
 Duties 
 
 As provided by law. (111. VI 18. 32; Xebr. VI 18, 20.) 
 
 To sit with and assist county judges in levying county taxes 
 
 and making appropriations for expenses of county in manner 
 
 prescribed by law. (Ark. VII 30.) 
 Authority to take acknowledgment of deeds and other writings, 
 
 administer oaths and take and certify depositions. (W.Va. 
 
 VIII 28.) 
 May act as notary public. (Iowa 170; Tex. V 10.) 
 
 Xo power of naturalization. (Mont. VIII 21.) 
 
 Power to order inquest of the dead. (Fla. V 22.) 
 
 Power to hold preliminary examinations, See beloio, this title, 
 
 Trials — Preliminary Examinations. 
 Xot to be regulated by local, private or special law. (Ariz. IV 
 
 19; Cal. IV 25; Colo. V 25: Ida. ITT 19; 111. IV 22; Ind. IV 
 
 22; Minn. IV 33; Mont. V 26; Mo. IV 53; Xebr. Ill 15; Xev. 
 
 IV 20; X.M. IV 24; X.D. II 69; Ore. IV 23; Utah VI 26; 
 
 Wyo. Ill 27.) 
 Xot to be extended by Tocal, private or special law. (Mo. IV 53; 
 , . ■ - Okla, V 46; Pa. Ill 7; Tex. Ill 56.)
 
 Index Digest 403 
 
 COURTS [Cont'd) 
 
 Justices of Peace (Cont'd) 
 How Selected 
 
 Appointed by governor with consent of majority of all members 
 
 elected to senate. (Del. IV 32.) 
 Appointed by governor with consent of senate. (Md. IV 42; 
 
 S.C. V 20.) 
 Appointed or elected in each county. (Mo. VI 37.) 
 Appointment or election to be provided for by legislature. ( Va. 
 
 VI 108.) 
 Elected. (Utah VIII 8.) 
 
 Elected in each county. (N.D. IV 112; Tex. V 18; Wyo. V 22.) 
 Elected in each county as prescribed by law. {Ida. V 22; Minn. 
 
 VI 8; Miss. VI 171.) 
 Elected in each district. (Conn. Amend. X; Fla. V 21; Ga. VI 
 See. VII 3; Ky. 99; La. 126; Nebr. VI IS; N.M. VI 26; R.I. 
 X 7; Tenn. VI 15: W.Ya. VIII 27.) 
 Elected in each district as prescribed by law; in city of Chicago 
 appointed by governor with consent of senate (on recommenda- 
 tion of" majority of judges of circuit, superior and county 
 courts) for such districts as prescribed by law. (111. VI 21.) 
 Elected in each city as prescribed by law. (X.Y. VI 17.) 
 Elected in each incorporated city, town and precinct. (Wash. IV 
 
 10.) 
 Elected in each township. (Ark. VII 38; Ind. VII 14; Kan. 
 
 Ill 9; Mich. VII 15; Mont. VIII 20.) 
 Elected at annual town meetings or at such other time as legis- 
 lature may direct. (N.Y. VI 17:) 
 Elected by freemen of towns. (Vt. II 47.) 
 
 Elected by ballot at the animal meetings of townships and at 
 wards of cities that may vote in wards as prescribed by law. 
 
 ( X.J. VI Sec. VII 1, VII Sec. II 8.) 
 Elected in each ward, district, borough or township by the quali- 
 fied voters as prescribed by law at municipal election. (Pa. V 11.) 
 Elected as prescribed by legislature at charter elections by quali- 
 fied voters. (Wis. VII 15.) 
 Elected in each precinct of each county. (Tex. V 18.) 
 To be elected in each precinct of each county, at same time as 
 
 members of legislature, beginning 1904. (Colo. XIV 11.) 
 
 New Shoreham and Jamestown may continue to elect their 
 
 wardens as heretofore; other towns and city of Providence may 
 
 elect justices of the peace. (R.I. X 7.) 
 
 Justices of general trial courts to be justices of peace within 
 
 their respective districts as to criminal matters. (Pa. V 9.) 
 
 Legislature may constitute magistrates in cities or towns ex 
 
 officio justices of peace for their respective counties. (Mont. 
 
 \ III 24.) 
 
 Judges of highest court to be justices of peace throughout state, 
 
 and judges of general trial courts to be justices of peace in 
 
 their respective counties by virtue of their office except in the 
 
 trial of causes appealed to general trial courts. (Vt. II 28.)
 
 444 State Constitutions 
 
 COURTS (Cont'd) 
 
 Justices of Peace (Cont'd) 
 Judicial Districts 
 
 Creation of not to be provided for by local, private or special 
 
 law. (Miss. IV 90.) 
 Name 
 
 Where called justices of peace only, no citation given. 
 .Justices of peace or aldermen. (Pa. V 11.) 
 Justices of peace or police magistrates. (111. VI 21.) 
 Magistrates. (S.C. V 20.) 
 Number 
 
 As prescribed by legislature. (Del. IV 30; Md. IV 42; Nebr. VI 
 
 18; Utah VIII 8; Wis. VII 15.) 
 As prescribed by legislature; a sufficient number. (Conn. V 1; 
 
 Mo. VI 37; Va. VI 10S.) 
 
 As prescribed by legislature, a sufficient number in each county. 
 
 (Minn. VI S; Miss. VI 171; N.D: IV 112; S.C. V 20; Wyo. 
 
 V 22.) 
 As prescribed by legislature, a sufficient number in eacli town- 
 
 'ship. (Ind. VII 14.) 
 As prescribed by legislature, except in parish of Orleans. (La. 
 
 126. ) 
 As prescribed by legislature for each town. (Conn. Amend. X.) 
 As prescribed by legislature in incorporated cities, towns and 
 
 precincts. (Wash. IV 10.) 
 As provided by law for each city and township. (Xev. VI 8.) 
 In cities containing over 50,000 inhabitants not more than one 
 
 in each ward or district. (Pa. V 11.) 
 In incorporated cities and towns and in precincts as prescribed 
 
 by legislature. (Ariz. VI 9.) 
 No more than two without consent of majority of qualified 
 
 electors in district. (Pa. V 11.) 
 Not less than two and not more than five in each township and 
 in each of the wards of the cities that may vote in wards; 
 when a township or ward contains 2,000 or less it may have 
 two justices ; when it contains more than 2,000 and not more 
 than 4,000, four justices; and when it contains more than four 
 it may have five justices provided that when any township 
 not voting in wards contains more than 7,000 such township 
 shall have additional justices for each additional 3,000 above 
 4.000 1 ; population ascertained by last preceding census of the 
 United States until legislature shall provide other mode of 
 
 ascertaining. (N.J. VI Sec. VII 1, 2.) 
 Not more than five in towns having less than 1,000: not more 
 than seven in towns having 1,000 and less than 2,000; not 
 more than 10 in towns having 2,000 and less than 3.000; not 
 more than 12 in towns having 3,000 and less than 5,000; 
 not more than 15 in towns having 5,000 or more. (Vt. II 47.) 
 Not more than two in each precinct; where precinct lies within 
 or partly within an incorporated city or town of more than
 
 Index Digest 465 
 
 COURTS (Cont'd) 
 
 Justices of Peace [Cont'd) 
 Number (Cont'd) 
 
 1,500, lieu of justices of peace an inferior court can be estab- 
 lished. . (Ala. VI 168.) 
 Xot to exceed lour in each organized township. The legislature 
 
 may provide for justices in cities. (Mich. VII 15.) 
 Xumber and classilication as prescribed by legislature. (X.Y. 
 
 VI 17.) 
 One for every 200 electors, but every township, no matter how 
 
 small, shall have two 'justices of the peace. (Ark. VII 39.) 
 One in districts of 1,200 or less; not less than three nor more 
 
 than 10 districts in each county. (W.Va. VIII 27.) 
 One in each district into which each county is divided by county 
 commissioners ; not less than two districts in each county. 
 
 (Fla. V 21.) 
 One in each militia district. (Ga. VI Sec. VII 1.) 
 One in each precinct; not less than four nor more than eight 
 
 precincts in each organized county. (Tex. V 18.) 
 Two in cities of more than 2.500. (Okla. VII IS.) 
 Two in each district (not more than 25 districts in a 
 county) except three in districts including towns; legislature 
 may provide for additional justices in incorporated towns. 
 
 (Tenn. VI 15.) 
 Two in each organized township. (.Mont. VIII 20.) 
 Two in each township ; legislature may increase in any town- 
 ship. (Kan. Ill 9.) 
 Two in precincts in which there may be a city of 8,000 or more. 
 
 (Tex. V 18.) 
 
 Two in each precinct of each county; but in precincts of 50,000 
 
 or more inhabitants number may be increased as provided by 
 
 law. (Colo. XIV 11.) 
 All towns and city of Providence except Xew Shoreham. and 
 Jamestown may elect number they deem proper. (R.I. X 7.) 
 Oath of Office 
 
 To be indorsed on commission. (Ark. VII 38.) 
 Prohibition on Practice of Law 
 
 Xot act in or originate any civil suit in matters which shall 
 come or be brought before them. (X.H. II 7S.) 
 Qualifications 
 
 Freeholders and qualified electors, and possess such other qualifi- 
 cations as may be prescribed by law. (La. 126.) 
 Qualified electors of township for which elected. (Ark. VII 41.) 
 Resided in district one year next preceding election. (Pa. V 11.) 
 Resident of district. (R.I. X 7.) 
 Resident of township. (Ark. VII 41.) 
 
 Residence during term, See btlow, tliis subdivision, Residence. 
 Reappointment 
 
 May he reappointed. (.Me. VI 5; .Mass. Pt. II Ch. Ill 3.)
 
 46 G State Constitutions 
 
 COURTS (Cont'd) 
 
 Justices of Peace (Cont'd) 
 Removal 
 
 By governor with consent of council. (Mass. Amend. XXXVII.) 
 
 In manner and for cause prescribed by law. (Ohio X 6.) 
 
 By judges of general trial court for incompetency, official mis- 
 conduct, habitual drunkenness or other cause defined by law; 
 cause set forth in writing and truth found by jury. (Tex. V 24.) 
 
 Liable for crimes or misdemeanors in office, to indictment in 
 such courts as legislature may direct; upon conviction removed 
 from office as if found guilty of impeachment and subject to 
 other punishment prescribed by law. (Tenn. V 5.) 
 
 May be prosecuted or indicted for misdemeanor or malfeasance 
 in office or wilful neglect in discharge of official duties in 
 such mode as may be prescribed by law; upon conviction 
 office vacated, but right of appeal to highest court. (Ky. 227.) 
 
 On conviction for malpractice in office. (Ga. VI Sec. VII 3.) 
 
 For specified causes by general trial courts, courts of like juris- 
 diction, or by criminal court of county in which he holds of- 
 fice, under regulations prescribed by law; provided, right to 
 trial by jury and appeal secured. (Ala. VII 175.) 
 
 By judge or judges having criminal jurisdiction in the county 
 or city, for incompetency, wilful neglect of duty, misdemeanors 
 in office, on conviction in a court of law. ( Md. IV 42.) 
 
 On prosecution and final conviction for misdemeanor in office; 
 in Chicago, by summary proceedings in circuit or superior 
 court for extortion or other malfeasance. (111. VI 21, 28,30.) 
 Residence 
 
 In district. (111. VI 32; Nebr. VI 20; YV.Va. VIII 27.) 
 
 In district; removal from district vacates office. (N.J. VII Sec. 
 
 II 8; Tenn. VI 15.) 
 
 In city or town for which elected or appointed. (Ark. VII 3S, 
 
 50.) 
 
 In township for which elected. (Mont. VIII 33.) 
 
 In township during term of office. (Kan. Ill 11.) 
 
 Vacate office by removal from districts from which elected. (Ky. 
 
 142.) 
 
 Removal from district, or residence placed without district by a 
 change in boundaries, vacates office. (Mich. VII 19.) 
 
 As qualification for office, See above, tliis subdivision, Qualifica- 
 tions. 
 Retirement on Account of Age 
 
 On reaching 70 years. (Conn. V 3.) 
 Substitutes 
 
 Not to sit in trial of case in which interested, or parties or either 
 of them connected with him by affinity or consanguinity, ex- 
 cept by own consent and consent of parties. (Miss. VI 171.) 
 
 Not to sit in trial of cause in which either party related to him 
 by affinity or consanguinity within degree of first cousin; or in 
 which he was counsel; or in trial of which he presided in in- 
 ferior court; or in which interested. (N.M. VI 18.)
 
 I.XDKX DlGEM 4»i" 
 
 COURTS (Cont'd) 
 
 Justices of Peace (Cont'd) 
 Term of Office 
 
 A- prescribed by law. (Ala. VI 108; Mo. VI 37.) 
 
 Two years. (Ark. VII 38; Colo. XIV 11; Kan. Ill 9; Md. IV 
 
 42: Minn. VI 8; Vt. II 48.) 
 Two years except as otherwise provided in this constitution. 
 
 (Mont. VIII 20.) 
 Two years and until successors are appointed and qualified. S. , 
 
 V 20 
 Two years and until successor elected and qualified. (Xebr. VI 
 
 20: Tex. V IS: Wis. VII 15.) 
 
 Four years. (Del. IV 31; Fla. V 21; Ga. VI Sec. VII 1; Ind. 
 
 VII 14: La. 126"; Miss. VI 171: X.V. VI 17: W.Va. VII] 27.) 
 
 lour years and until successor qualified. (111. VI 21. 32.) 
 
 In Chicago, four years and until successors qualified. (111. VI 
 
 28.) 
 Four years and until successors are elected and qualified; at 
 first election in any township to lie classified as shall be pre- 
 scribed by law. i Mich. ATI 15.) 
 Five years. (X.J. VII Sec. II 8; X.H. II 74.) 
 Six years. (Pa. V 11; Tenn. VI 15.) 
 Seven years. (Me. VI 5: Mass. Pt. II Ch. Ill 3.) 
 To hold until successors are qualified. ( X.C. IV 25. ) 
 Begins first day of February next after election. (Vt. II 48.) 
 Begins first day of May next after election. IX.-T. VII Sec. II 8.) 
 Vacancies 
 
 To be filled as provided by law. (Ida. V 10! ) 
 Filled by clerk of general trial court for unexpired term ; clerk 
 also appoints in case of failure of voters to elect. (N.C. IN' 
 
 28.) 
 Filled by appointment of governor for unexpired term. (Md. 
 
 IV 43.) 
 
 To be filled by special election unless occurring six months before 
 
 next general election, when filled by appointment by governor. 
 
 i Ark. VI] 38, 50.) 
 Filled by election for unexpired term. (Mich. VII 15; X. J. VII 
 
 Sec. II 8; X.Y. VI 17; Wis. VII 15.) 
 Filled by election: if unexpired term does not exceed one year 
 may be filled by appointment a- provided by legislature. 
 
 (Xebr. VI 21.) 
 To be filled by board of county commissioners of county where 
 
 occurring. (Colo. V] 29.) 
 Filled by appointment of county court until next general elec- 
 tion. (W.Va. VIII 30.) 
 Filled by appointment of commissioners' court until next gen- 
 eral election for justices of peace, il'ex. A" 28,) 
 Filled by appointment of board of county commissioners of • unty 
 until election of successor for unexpired term. (Mont. VIM 
 
 34.)
 
 468 State Constitutions 
 
 COURTS (Cont'd) 
 
 Justices of Peace (Cont'd) 
 Vacancies (Cont'd) 
 
 To be filled by election; if unexpired term does not exceed one 
 year, by appointment by board of supervisors, or board of 
 county commissioners, in county where vacancy occurs. (111. 
 
 VI 21, 32.) 
 
 Juvenile Courts 
 
 Detailed provisions for system of. (La. US.) 
 
 In counties and cities and counties having population exceeding 
 100,000, exclusive original jurisdiction in cases involving minors 
 and persons whose offenses concern minors, may be vested in 
 
 separate court. (Colo. VI 1.) 
 
 General trial court to have exclusive original jurisdiction in matters 
 affecting dependent, neglected, incorrigible or delinquent children 
 or children accused of crime, under the age of IS years. 
 Judges must hold examinations in chambers of all such children 
 concerning whom proceedings are brought in advance of criminal 
 prosecution and may suspend criminal prosecution for any offenses 
 committed by such children. Powers of judges to control children 
 
 prescribed by law. ( Ariz. VI 6. ) 
 
 Legislature may establish juvenile courts. (NM. VI 1.) 
 Land Registration Courts 
 
 Legislature may establish such court or courts of land registration 
 as it may deem proper for administration of any law it may adopt 
 for purpose of settlement, registration, transfer or assurance of 
 titles to land in state or any part thereof. (Va. VI 100.) 
 
 Limitation of Actions 
 
 Legislature to have no power to revive remedy which may become 
 barred by lapse of time or by any statute of limitation of state. 
 
 (Miss. IV 97.) 
 
 Legislature to have no power to revive right or remedy barred by 
 lapse of time or by statute of state. (Ala. IV 95.) 
 
 No law to be passed lessening time within which action may be com- 
 menced on cause of action existing at time of passage. (Fla. Ill 
 
 33.) 
 
 Statutes of limitation not to run against state or any subdivision 
 or municipal corporation thereof. (Miss. IV 104 1 .) 
 
 Prescription not to run against state in any civil matter unless 
 otherwise provided in constitution or by law. (La. 192.) 
 
 No appropriation to be made for payment of claim against state, 
 except claims of United States, and judgments, unless filed within 
 six years after claim accrued. (Wis. VIII 2.) 
 
 Neither legislature, canal board, nor any person acting in behalf of 
 state to audit, allow or pay claim which as between citizens of 
 state would be barred by lapse of time; this provision not con- 
 strued to repeal statute fixing time within which claims shall be 
 presented or allowed, nor shall it extend to claims duly presented 
 jvithin time allowed by law and prosecuted with due diligence
 
 Index Digest 409 
 
 COURTS (Cont'd) 
 
 Limitation of Actions (Cont'd) 
 
 from time of such presentment; if claimant under legal disability 
 claim may be presented within two years after disability removed. 
 
 (N.Y. VII G.) 
 Xo act to prescribe limitation of time within which suit may be 
 brought against corporation, different from general laws as to 
 natural persons; such acts now existing avoided. (Pa. Ill 21.) 
 Of civil actions, private, local or special law prohibited. (Ala. IV 
 104; Ariz. IV 19; Cal. IV 25: Colo. V 25; Ida. Ill 19-; Ky. 59; 
 Moi IV 53; Mont. V 26; N.M. IV 24; X.D. II 69] Okla. V 46; 
 Tex. Ill 56; Wash. II 2S; Wyo. Ill 27.) 
 Of criminal actions, private, local or special law prohibited. (Ala. 
 IV 104; Cal. IV 25; Ida. Ill 19; Ky. 59; N.M. IV 24; okla. V 
 
 4(i; Tex. Ill o(>; Wash. II 28.) 
 As to real property, See Property — Real Property — Prescription. 
 Magistrates 
 
 Where a justice of peace has civil as well as criminal jurisdiction 
 and is called a magistrate, for provisions in respect to his election 
 and qualification and administrative functions. See above, tliis 
 title, Justices of Peace, and for provisions relating to jurisdic- 
 tion, See above, this title, Justices' Courts; where the judicial 
 function of the magistrate is confined to police jurisdiction, See 
 below, this title, Police Courts. 
 See also above, this title. Judges. 
 
 Fees or duties not to be regulated by local or sj:>ecial law. (Mo. 
 
 IV 53; Pa. Ill 7; Tex. Ill 56.) 
 Powers and duties not to be regulated by local or special law. 
 
 (Minn. IV 33.) 
 Municipal Courts 
 Clerks 
 
 In city having court in whose office deeds are recorded, clerk to 
 be elected for eight years by qualified voter-, to perform such 
 other duties as prescribed by law. There shall be elected in 
 same manner and for same term such additional clerks of 
 courts for cities as legislature may prescribe, pr a> now au- 
 thorized by law, so long as such courts continue, but in no 
 city of less than 30,000 shall there be more than one clerk of 
 court, who shall be clerk of all courts of record in city, i \"a. 
 
 VIII 118.) 
 Costs 
 
 Legislature to impose tax on all civil suits; to ((institute fund 
 to be applied toward payment of salary of judges. I Wis. 
 
 VII 18.) 
 Establishment, See above, this title, Establishment. 
 Judges 
 
 Compensation 
 
 Not less than $2,006' a year in city of firs! class; can be in- 
 creased, but neither increased or diminished during term 
 
 of otlicc. (Va. VI 103.)
 
 470 State Constitutions 
 
 COURTS (Cont'd) 
 
 Municipal Courts (Cont'd) 
 
 Judges (Cont'd) 
 
 Compensa tion ( Con t'd ) 
 
 Payable by parishes and cities in which they are established 
 
 in proportion as provided by law. (La. 96.) 
 
 Payable out of state treasury; state to be reimbursed by 
 
 city for one-half; city may by ordinance increase salary, 
 
 such increase to be paid wholly by city; such increase 
 
 neither to be enlarged or decreased during term; cities 
 
 of second class to pay salary. (Va. VI 103.) 
 
 Disqualified to Act in Particular Cases 
 
 Judges of general trial court in county may preside. (Ga. 
 
 VI Sec. V 1. ) 
 Dual Office Holding 
 
 Not to hold any other office of public trust during office, 
 
 but in city of second class may hold office of commissioner 
 
 in chancery or general trial court for the county in which 
 
 city is located. (Va. VI 105.) 
 
 How Selected 
 
 Appointed. (Conn. Amend. XX.) 
 
 Appointed as legislature may provide. (S.D. V 23.) 
 
 Appointed by governor in same manner as other judicial 
 
 officers. (Me. VI S.) 
 
 Appointed jointly by both houses of legislature. ( Va. VI 
 
 99.) 
 Number 
 
 One for each court. (Va. VI 99.) 
 Power to Act in Other Courts 
 
 In cities having charter and less than 5,000 judge of cor- 
 poration court may be also judge of corporation court in 
 other city having less than 10,000. (Va. VI 99.) 
 In cities of first class may hold general trial courts in county 
 
 or city. (Va. VI 99.) 
 Prohibition on Practice of Law 
 
 Not to practice law within or without state. (Va. VI 105.) 
 Qualifications 
 
 Same qualifications as judges of highest court. (Va. VI 99.) 
 Residence 
 
 In cities for which elected. (S.D. V 23, 37.) 
 In respective cities or towns for which elected. (Xlont. 
 
 VIII 33.) 
 
 Within jurisdiction of court, but in cities having charter 
 
 for less than 5,000 judge may reside outside limits. (Va. 
 
 VI 99.) 
 Term of Office 
 
 As provided by law. (Ala. VI 168.) 
 
 Not to be longer than judges of general trial court. (Wis. 
 
 VII 2.) 
 Two years. (Conn. Amend. XX.) 
 
 Four years. (Me. VI 8.) 
 Eight years. (Va. VI 99.)
 
 I.\i»i:.\ Digest -171 
 
 COURTS (Cont'd) 
 
 Municipal Courts (Cont'd) 
 Judges (Cont'd) 
 
 YUCIIIK i< 8 
 
 If elected, filled by appointment by municipality. (S.I). V 
 
 23, 37.) 
 Judicial Districts 
 
 For judicial system, cities divided into two classes: first, cities 
 of 10,000 or more as shown by United States census or other 
 census provided by law; second, cities less than lo.ooO. In 
 city containing 30,000 inhabitants or more, legislature may 
 provide additional courts as required. In every city of second 
 class, corporation or hustings court existing at time of consti- 
 tution shall continue under name of corporation court hut 
 may be abolished by majority vote at election held for purp< 
 and whenever the office of judge of corporation or hustings 
 court of city of second class whose salary is less than $S00 
 shall remain vacant for 90 days consecutively, such court 
 shall cease to exist ; where corporation court abolished in any 
 city of second class, such city shall come within jurisdiction 
 of circuit court until otherwise provided by law, and during 
 its existence, circuit court shall have concurrent jurisdiction 
 with corporation or hustings court in all actions at law and 
 suits in equity. (Va. VI 98, 116.) 
 
 Jurisdiction 
 
 As provided by law. (Nev. VI 9.) 
 
 Civil; same as now vested in justices' courts. (Ark. VII 43; 
 
 La. 96.) 
 Civil; same as now vested in justices' courts; also coextensive 
 
 with the county as provided by law. (S.D. V 23.) 
 Criminal; same as now vested in justices' courts; also any not 
 punishable by death or imprisonment in the penitentiary. 
 
 (Ark. VII 43.) 
 
 Criminal; same as now vested in justices' courts; violation of 
 
 city ordinances; also coextensive with county as provided by 
 
 law. (S.D. V 23.) 
 
 Criminal; violation of municipal and parochial ordinances; 
 
 offenses punished by hard labor; preliminary examination in 
 
 municipal cases. (La. 96.) 
 Not to exceed that of general trial courts as provided in consti- 
 tution. (Wis. VII 2.) 
 To be prescribed by legislature for municipal courts in city pi 
 Chicago, if courts established. (111. IV 34.) 
 Name 
 
 City courts. (Conn. Amend. XX. i 
 
 Corporation court. (Ark. VIII 43; Va. VI 98.) 
 
 Procedure 
 
 To be prescribed by legislature for municipal courts in city of 
 Chicago, if courts established. (111. IV 34.)
 
 472 State Constitutions 
 
 COURTS (Cont'd) 
 
 Municipal Courts (Cont'd) 
 Procedure (Cont'd) 
 
 Legislature may provide for appeal from one jury to another and 
 court may grant new trial on legal grounds. (Ga. VI Sec. 
 
 IV 6.) 
 Sessions 
 
 May be as many sessions at the same time as there are judges. 
 
 (Cal. VI 6.) 
 Special Organization for Baltimore 
 
 Detailed provisions. (Md. IV 27 ct scq.) 
 Special Organization for New Orleans 
 
 Detailed provisions for. (La. 143 et seq.) 
 New Orleans Courts 
 
 Detailed provisions for. (La. 130 et seq.) 
 Notaries Public, See Notaries Public. 
 Officers 
 
 See also Pltblic Officers. 
 
 Of a particular court, See ilirotif/liout this title. 
 
 No person related to any judge by affinity or consanguinity within 
 degree of first cousin to be appointed or employed by judge or 
 court in any office or duty in any court of which said judge a 
 
 member. (Utah VIII 15.) 
 
 Judges may appoint such officers in their respective courts as may be 
 
 necessary, except in the city of Baltimore where judges of supreme 
 
 bench of Baltimore city shall appoint for all courts of city. Fixed 
 
 compensation to be prescribed by law for all such officers. (Md. 
 
 IV 9.) 
 Orphans' Courts, See below, this title, Probate Courts. 
 Oyer and Terminer, Commissions of 
 
 No commissions of oyer and terminer or general jail delivery shall 
 be issued. (Del. I 14; Pa. I 15.) 
 Oyer and Terminer, Court of 
 
 See also above, this title, General Trial Courts for Criminal Cases 
 
 Only. 
 Chief justice and four associate justices to constitute. To designate 
 those to hold court in several counties, no more than three to sit 
 together in any court. Chief justice when present to preside; in 
 absence, senior associate judge present, to preside. Three to con- 
 stitute a quorum; one judge may open and adjourn. Sessions pro- 
 vided in each county and business in each county may be distrib- 
 uted and apportioned in such manner as provided by rules of court. 
 To have jurisdiction and powers vested by law in court of oyer and 
 terminer, coextensive with state; process to issue in either county, 
 into every county. Governor to have power to commission judge 
 ad litem to constitute a quorum; commission to confine office to 
 cause and to expire on determination of same; to receive reasonable 
 compensation to be fixed by legislature; member of Congress or 
 person holding or exercising office under United States is not dis- 
 qualified. Court to have power to direct question of law to be
 
 l.M»K\ Dhjkst 17:1 
 
 COURTS {Cont'd) 
 
 Oyer and TermeneBj Court of (Cont'd) 
 
 heard in cuurt en banc upon application of either party; this court 
 'to consist of five judges. Chief justice to pre^de when present, 
 senior associate in absence. I'uur to constitute a quorum; one 
 may open and adjourn court. (Del. IV 5, 0, 9, 15, 18, 19.) 
 Pleadim. 
 
 In a particular class of courts, See througitoitt this title. 
 Distinction between law and equity, See above, this title, ACTIONS. 
 To be under direction of legislature. (Minn. VI 14.) 
 Legislature may provide for service of pleadings in all civil cases by 
 
 litigants themselves. (La. 129.) 
 No religious or political test oath to be required as prerequisite or 
 
 qualification to plead. (W.Va. Ill 11.) 
 No judgment to be set aside or new trial granted for error as to any 
 matter of pleading, unless after examination of entire cause, in- 
 cluding evidence, court is of opinion that error complained of has 
 resulted in miscarriage of justice. (Cal. VI 4^ (1914).) 
 No criminal cause to be reversed for technical error in pleading when 
 upon the whole case it appears that substantial justice has been 
 
 done. (Ariz. VI 22.) 
 
 In criminal causes to be as provided by law. (Ariz. VI 22.) 
 
 Judges may admit persons charged with felony to plea of guilty and 
 
 pass such sentence as may be prescribed by law. (Nebr. VI 9.) 
 
 Every action prosecuted by people of state as party against person 
 
 charged with public offense to be termed a criminal action. (Ida. 
 
 V 1; N.C. IV 1.) 
 Amended indictment may be filed, when indictment held to be defect- 
 ive in form. (Ore. VII 5.) 
 Police Courts 
 Abolishment 
 
 Legislature may abolish in Chicago if municipal courts created. 
 
 (111. IV 34.) 
 Appeals from 
 
 As provided by law. (N.D. IV 114; Wyo. V 23.i 
 Legislature may confer jurisdiction of criminal cases where pun- 
 ishment is less than imprisonment in state prison, subject to 
 right of appeal and trial by jury. (N.H. IT 7G.) 
 
 Establishment, See above, this title, Establishment. 
 Jurisdiction 
 
 Cases in which debt or sum claimed exceeds $200, exclusive of 
 
 interest. (N.M. VI 26.) 
 Civil, as conferred by law in cities of the fourth and fifth class 
 and towns of the sixth class having a population of 2.1(1.000 
 or more; jurisdiction uniform throughout the state; not to 
 exceed that of justices' courts. (Ivy. 143.) 
 Civil, as provided by law where amount in controversy exceeds 
 fj>2QQ; none where boundary of or title to laud is involved. 
 
 (Nebr. VI IS.)
 
 474 State Constitutions 
 
 COURTS (Cont'd) 
 
 Police Coubts (Cont'd) 
 Jurisdiction (Cont'd) 
 
 Legislature may confer jurisdiction of criminal cases where pun- 
 ishment is less than imprisonment in state prison. (N.H. II 
 
 76.) 
 Criminal, where punishment does not exceed three months' im- 
 prisonment or a fine of over $100. (Nebr. VI 18.) 
 In all cases arising under the ordinances of cities and towns 
 respectively. (Colo. VI 26; Ky. 143; Mont. VII 24; S.D. 
 
 V 23.) 
 Cases arising under the ordinances of cities, towns and villages; 
 
 legislature may confer jurisdiction in cases of misdemeanor. 
 
 (N.D. IV 113.) 
 To he uniform. (111. VI 21.) 
 
 Not to be regulated by private, local or special law. ( Cal. IV 25 ; 
 Colo. V 25; 111. IV 22; Mont. V 26; Nebr. Ill 15; N.M. IV 24; 
 
 N.D. II 69; Wyo. Ill 27.) 
 Magistrates 
 
 See also above, litis title, Magistrates. 
 Compensation 
 
 As prescribed by law. (111. VI 32; Nebr. VI 20.) 
 As municipal charter may determine. (Cal. XI 8V£ (1914).) 
 Duties in Other Courts 
 
 Ex officio justices of peace for respective counties. (N.D. 
 
 IV 115; S.D. V 23.) 
 How Selected 
 
 Appointed. (Conn. Amend. XX.) 
 
 Appointed by governor in same manner as other judicial 
 
 officers. (Me. VI 8.) 
 Elected. (N.D. IV 113.) 
 
 Elected by ele.ct.6rs in precinct of district as provided by law. 
 
 (N.M. VI 26.) 
 Elected by electors in respective districts. (111. VI 21; 
 
 Nebr. VI 18.) 
 Elected or appointed as provided in municipal charter. (Cal. 
 
 XI Sy 2 (1914).) 
 Legislature to have power to provide for. (Colo. VI 26.) 
 Justices of peace may act in incorporated cities. (Ariz. 
 
 VI 9.) 
 Justices of peace may act in incorporated cities and towns. 
 
 (Wash. IV 10.) 
 Limitations on Legislative Control 
 
 Not to he regulated by private, local or special law. (Cal. 
 IV 25; Colo. V 25; 111. IV 22; Mont. V 26; Nebr. Ill 15; 
 N.M. IV 24; N.D. II 69; Wyo. Ill 27.) 
 Number 
 
 As provided by law. (Nebr. VI 18.) 
 
 Such as deemed from time to time necessary or expedient. 
 
 (Colo. VI 26.)
 
 Index Digest 475 
 
 COURTS (Cont'd) 
 
 Police Courts (Cont'd) 
 Magistrates (Cont'd) 
 Qualifications 
 
 As municipal charter may determine. (Cal. XI 8V£ (1914).) 
 Removal 
 
 To be removed on prosecution and final conviction for mis- 
 demeanor in office. (111. VI 21, 30.) 
 Residence 
 
 In district for which elected. (111. VI 32; Nebr. VI 20.) 
 In city or town for which elected. (Mont. VIII 33.) 
 In city or town for which elected or appointed. (S.D. V 23, 
 
 37.) 
 Term of Office 
 
 Two years. (Conn. Amend. XX.) 
 
 Two years and until successor qualified. (Nebr. VI 20.) 
 Four years. (Me. VI 8.) 
 
 Four years, and until successors qualified. (111. VI 21. 32.) 
 Vacancies 
 
 To be filled by appointment by municipality for unexpired 
 
 term. (S.D. V 23. 37.) 
 Filled by election : if unexpired term does not exceed one 
 year may be filled by appointment as provided by legisla- 
 ture. (Nebr. VI 21.) 
 To be filled by election; if unexpired term does not exceed 
 one year, by appointment by board of supervisors, or board 
 of county commissioners, in county where vacancy occurs. 
 
 (111. VI 21, 32.) 
 Name 
 
 Police justices. (Wash. IV 10.) 
 
 Police magistrates. (Colo. VI 26; 111. VI 21; N.D. IV 113; S.D. 
 
 V 23.) 
 Police magistrate courts. (Wyo. V 23.) 
 Number 
 
 May be established in each county and town in state. (Kv. 
 
 143.) 
 Prerogative Court 
 
 See also below, this title, Probate Courts. 
 
 Chancellor to be "judges of the prerogative court"; persons ag- 
 grieved by order, sentence or decree of orphans' court may appeal 
 to prerogatn-e court; but order, sentence or decree not to 1"' 
 removed into highest court or circuit court if subject-matter 
 within jurisdiction of orphans' court. Secretary of state to lie 
 register of court and perform duties required by law in that 
 respect. (N.J. VI Sec. IV 2-4.) 
 Probate Coitjts 
 
 For jurisdiction of general trial courts in probate matU rs, See above, 
 this title, General Trial Courts — Jurisdiction — Original. 
 
 For jurisdiction of count}/ courts in probate »i<ilt>rs. Se< above, this 
 title. County Courts — Jurisdiction — Original.
 
 476 State Constitutions 
 
 COURTS (Cont'd) 
 
 Probate Courts (Cont'd) 
 
 For jurisdiction of chancer)/ courts in jyrobatc matters. See above, 
 
 this title, Chancery Courts. 
 Abolishment 
 
 Legislature may abolish office of judge of probate in any county 
 and confer powers upon such inferior courts as may be estab- 
 lished in county. (Wis. VII 14.) 
 Character 
 
 To be court of record. (Ida. V 20; Kan. Ill 8; Md. IV 1; Mich. 
 VII 17; Minn. VI 7; Mo. VI 34; X.M. VI 23; Ohio IV 7.) 
 Clerks 
 
 See also above, this title, Clerks. 
 Dual Office Holding 
 
 Not to hold office of judge of highest court or of any inferior 
 court, attorney-general, county attorney, state treasurer, 
 adjutant-general, judge of probate, register of deeds, 
 sheriff, deputy sheriff, clerk of court or member of legis- 
 lature; election to and acceptance of seat in Congress 
 
 vacates office. (Me. IX 2.) 
 
 Ineligible to legislature; election to and acceptance of office 
 
 to be resignation from legislature; not to hold office of 
 
 judge of probate, sheriff or register of deeds. (Mass. Pt. 
 
 II Ch. VI 2.) 
 How Selected 
 
 Elected by qualified electors at general election. (Del. Ill 
 
 22.) 
 Elected at annual election on second Monday of September. 
 
 (Me. VI 7.) 
 Elected by people of several counties. (Mass. Amend. XIX.) 
 By electors of the several towns in the several counties ac- 
 cording to method now practiced and laws of state; legis- 
 lature to have power to alter manner of certifying the 
 votes and mode of election, but not so as to deprive people 
 of right of election. (X.II. II 70.) 
 Judge to appoint when none elected. (Minn. VI 7.) 
 Surrogates elected by people of respective counties. (X.J. 
 
 VII Sec. II 6.) 
 Legislature may provide for separate clerk. (Mo. VI 35; 
 
 Ohio IV 16.) 
 Until otherwise provided by law, county clerk shall act. 
 
 (X.M. VI 22.) 
 In counties where court is separately organized, register of 
 
 wills acts. (Pa. V 22.) 
 
 In counties of less than 15.000, clerk of general trial court 
 
 acts; in counties over 15,000, clerk of county court acts. 
 
 (Ark. VII 19.) 
 Clerk of general trial court acts unless legislature directs 
 special election. (Ohio IV 10.)
 
 Index Digest 477 
 
 COURTS (Cont'd) 
 
 Pkobate Courts (Cont'd) 
 Clerks (Cont'd) 
 
 How Selected (Cont'd) 
 
 Judge may be required to act as his own clerk. { Mk>. VI 35; 
 
 Ohio IV 16.) 
 Assistant clerks may be appointed by clerk with consent and 
 approval of court. (Pa. V 22.) 
 Location of Office 
 
 In town Or place in county where general trial court is 
 
 usually held. (Del. Ill 23.) 
 Name 
 
 Register of probate. (N.H. II 70.) 
 Poacr of Appointment 
 
 May appoint, assistant clerks with consent and approval of 
 
 court. (Pa. V 22.) 
 Term of Office 
 
 Four years. (Del. Ill 22.) 
 
 Four years from 1st of January after election. (Me. VI 7.) 
 Five years for surrogates. (N.J. VII Sec. II 6.) 
 Vacancies 
 
 Filled by appointment by governor with consent of council 
 until election; appointee holds until 1st day of January 
 after election to fill vacancy. ( Me. VI 7. ) 
 In office of surrogate, rilled by governor till successor is 
 
 elected. (N.J. V 12.) 
 Combined with Other Courts 
 
 Whenever 10 per cent, of all electors voting for governor at next 
 preceding election in any county having less than 60,000 popu- 
 lation, as determined by next preceding federal census, shall 
 petition judge of general trial court of any such county not 
 less than 90 days before general election for county officers, 
 judge of said court to submit to electors of county question of 
 combining probate court with general trial court. Elections 
 may be had in same manner for separation of such courts when 
 
 once combined. (Ohio IV 7.) 
 Costs and Fees 
 
 Accounts filed with clerk audited by court without expense to 
 parties, except where all parties nominate auditor whom court 
 may. in its discretion, appoint. ( l'a. V ±2.) 
 Establishment, See abore, tliis title, Estaiu.inhmknt. 
 Judges 
 
 See also above, this title, Jtix.ES. 
 Ad Litem Appointees 
 
 Legislature may provide for appointment or selection of pro- 
 bate judge pro tern, when judge is unavoidably absent or 
 
 disqualified. (Kan. Ill 8.) 
 If judge disqualified, to certify facta to governor who shall 
 commission special judge pro tern. (Ark. VII 36.)
 
 478 State Constitutions 
 
 COURTS (Cont'd) 
 • Probate Courts (Cont'd) 
 Judges (Cont'd) 
 
 Ad Litem Appointees (Cont'd) 
 
 Legislature may, on application of board of supervisors, pro- 
 vide for election of local officers, not to exceed two in each 
 county, to discharge duties of surrogate, in case of in- 
 ability. (N.Y. VI 16.) 
 Compensation 
 
 As provided by law. (Ark. VII 37; 111. VI 20, 32; Kan. Ill 
 
 8; Minn. VI 7; Ohio IV 7.) 
 As provided by law; not to be increased or decreased during 
 
 term. (N.Y. VI 15.) 
 Per diem for time actually in session, regulated by law and 
 
 paid by county or city of Baltimore. (Md. IV 40.) 
 
 Payable as provided by law. (Ark. VII 37; Minn. VI 7.) 
 
 Payable out of county treasury. (N.Y. VI 15; Ohio IV 7.) 
 
 Prohibition against receiving any fees if counsel in probate 
 
 business which is pending or may be brought within any 
 
 court of probate in county over which he is judge. (N.H. 
 
 II 80.) 
 Dual Office Holding 
 
 Not to hold office of register of probate, sheriff or register of 
 deeds; ineligible to legislature, election to and acceptance 
 of office to be resignation from legislature; same rule ap- 
 plies if he accepts seat in governor's council. ( Mass. Pt. 
 
 II Ch. VI 2.) 
 Not to hold office of judge in the highest court or of any 
 inferior court, attorney -general, county attorney, treasurer 
 of state, adjutant-general, register of probate, register of 
 deeds, sheriff, . deputy sheriff or clerk of court or seat in 
 legislature; election to and acceptance of seat in Congress 
 
 vacates office. (Me. IX 2.) 
 Cannot hold office of sheriff or register of deeds. (N.H. 
 ' II 93.) 
 
 Duties 
 
 As prescribed by law. (111. VI 32; Mich. VII 13; Wis. VII 
 
 14.) 
 How Selected 
 
 Elected by electors in counties. (Ida. XVIII 6; Kan. Ill 8; 
 
 Md. IV 40; Minn. VI 7; Mo. VI 34; Ohio IV 7.) 
 Elected by electors of counties by plurality of vote at annual 
 
 election on second Monday of .September. (Me. VI 7.). 
 Elected by electors of counties on the Tuesday succeeding 
 
 the first Monday in November. (Mich. VII 14.) 
 Elected by qualified electors of counties at times provided by 
 law, exbept as herein provided; change in mode or time of 
 election not to affect right of judge to hold for full term. 
 
 (Ala. VI 152, 155.)
 
 Index Digest 479 
 
 COURTS (Cont'd) 
 
 Probate Courts (Cont'd) 
 Judges (Cont'd ) 
 
 How Selected (Cont'd) 
 
 Elected by electors in districts on Tuesday after lirst Monday 
 of November, 1S7U, and biennially thereafter. (Conn. 
 
 Amend. XXI.) 
 Elected by electors in counties; county judge tp be surrogate 
 in his county, except where separate surrogate elected; in 
 counties exceeding 40,000 where there is no separate sur- 
 rogate, legislature may provide for election of separate 
 officer to be surrogate; legislature may confer on general 
 trial court in county over 400,000, powers and jurisdiction 
 of surrogates, with power to try issues of fact by jury in 
 
 probate cases. (N.Y. VI 15.) 
 
 Elected on Tuesday after first Monday in November, 1914, 
 
 and biennially thereafter; same as election of senators; 
 
 detailed provisions for returns and canvass. (Vt. II 35, 
 
 46, 49.) 
 Surrogates elected by people of respective counties. (N.J. 
 
 VII Sec. II 6.) 
 Elected when court is established. (111. VI 20.) 
 Judges of general trial court for civil cases to act as judges 
 in those counties where court not separately organized. 
 
 (Pa. V 9.) 
 Chancellor and resident associate judge to constitute orphans' 
 
 court in each county. (Del. IV 11.) 
 Judge of county court acts ex officio. (Ark. VII 34.) 
 Number 
 
 One for each court. (Ga. VI Sec. VI 1; Kan. Ill 8; Minn. 
 
 VI 7; Mo. VI 34; Wis. VII 14.) 
 One or more in counties with more than 100.000 inhabitants. 
 
 (Mich. VII 14.) 
 One or more in county where court separately organized. 
 
 (Pa. V 22.) 
 Three for each court. (Md. IV 40.) 
 Prohibition on Practice of Law 
 
 In counties exceeding 120,000 not to practice as attorney or 
 counsellor in any court of record in state or act as referee; 
 similar provisions in other counties if provided by law. 
 
 (N.Y. VI 20.) 
 Shall not act as in any probate business which is pending or 
 may be brought into any court of probate in county of 
 which he is judge. (N.H. II 80.) 
 Qualifications 
 
 Attorney and counsellor of state, except in county of Hamil- 
 ton. (N.Y. VI 20.) 
 Citizen of state. ( Md. IV 40.) 
 Learned in the law. (Pa. V 22.) 
 
 Resident for 12 months preceding election. (Md. IV 40.) 
 Resident in county at time of election. (Minn. VI 7.)
 
 480 State Constitutions 
 
 COURTS (Cont'd) 
 
 Pkobate Courts (Cont'd) 
 Judges (Cont'd) 
 Residence 
 
 In county for which elected. (111. VI 20, 32.) 
 In county during their term of office. (Kan. Ill 11; Minn. 
 
 VI 7.) 
 Retirement on Account of Age 
 
 Not to hold office longer than last day of December next 
 after reaching 70 years of age. X.Y. VI 15.) 
 Term of Office 
 
 Two vcars. (Ida. XVIII 6; Kan. Ill 8; Minn. VI 7; Vt. II 
 
 48.) 
 Two years and until successor qualifies. (Wis. VII 14.) 
 Four years. (Me. VI 7; Ohio XVII 14.) 
 Four years and until successor qualifies. ( Ga. VI Sec. VI 2 ; 
 
 111. VI 20, 32.) 
 Same; mechanical provisions for ending at different times; 
 when two or more in one court, legislature may provide 
 for election at alternate biennial election. (Mich. VII 14.) 
 Five years for surrogates. (X.J. VII Sec. II 6.) 
 Six years and until successor qualifies. (Ala. VI 155.) 
 Six vears except in county of Xew York where 14. (X.Y. 
 
 VI 15.) 
 Begins 1st day of January after election. (Me. VI 7.) 
 Begins 1st day of February after election. (Vt. II 4S.) 
 Vacancies 
 
 To be filled by election, but if unexpired term does not ex- 
 ceed one year by appointment by governor. (111. VI 20, 
 
 32.) 
 
 Filled by appointment of governor until election; appointee 
 
 holds until 1st day of January after election. (Me. VI 1 .\ 
 
 Filled by appointment of governor with consent of senate; 
 
 appointee holds for residue of term. (Md. IV 40.) 
 In office of surrogate filled by governor, until successor is 
 
 elected. (X.J. V 12.) 
 Filled in same manner as vacancies in general trial court; 
 legislature may, on application of board of supervisors, 
 provide for election of local officers not exceeding two in 
 number to discharge duties of surrogate, in case of in-i 
 ability or vacancy, and in such other case as may be pro- 
 vided by law, and to exercise such other powers in special 
 cases as provided by law. (X.Y. VI 15, 16.) 
 Judgments 
 
 Appeals allowed to prerogative court from orders, sentences or 
 decrees; but these shall not be removed into intermediate court 
 of appeals or general trial court if subject-matter within juris- 
 diction of probate court. (X.J. VI Sec. IV 3.) 
 Final except when opinion of judges opposed, or when decision 
 made by one of them, or when decision is made by both of
 
 Tndkx |)|<;KST 1^1 
 
 COURTS (Cont'd) 
 
 Probate Courts (Cont'd) 
 Judgments (Cont'd) 
 
 them in matters involving right to real estate or value thereof, 
 and in all matters affecting guardians or guardians' accounts, 
 in which cases appeal to general trial court for civil cases 
 only, whose decision is final. (Del. IV 11.) 
 Appeal to general trial court for civil cases only, in cases 
 decided by court where register of wills interested on ques- 
 tions concerning probate of wills, granting of letters of admin- 
 istration or executors' or administrators' accounts; decision on 
 
 appeal final. (Del. IV 33.) 
 Jurisdiction 
 
 Matters pertaining to orphans' business; power to grant letters 
 
 testamentary and administration. (Ala. VI 149.) 
 Matters relative to probate of wills, estate of deceased persons, 
 executors, administrators, guardians and persons of unsound 
 mind and their estate as now vested in general trial court or 
 may be hereafter conferred by law. (Ark. VII 34.) 
 As prescribed by law; legislature may repeal or alter act of 
 legislature giving jurisdiction or power to court in any matter, 
 and may confer jurisdiction and powers in addition to those 
 mentioned in constitution. (Del. IV 11, 20.) 
 When judge of register's court is interested in question concern- 
 ing probate of wills, granting of letters of administration, or 
 executors for administrators' accounts. (Del. IV 33.) 
 Exceptions to settlements by register of wills of accounts of 
 
 executors and administrators. (Del. IV 34.) 
 Powers of court of ordinary and probate. (Ga. VI Sec. VI 1.) 
 Matters of probate, settlement of estates of deceased persons, ap- 
 pointment of guardians; all civil cases where amount in con- 
 troversy does not exceed $500, exclusive of interest; concurrent 
 with justices' courts in criminal cases. (Ida. V 21.) 
 Probate matters, settlement of estates of deceased persons, ap- 
 pointment of guardians and conservator, and settlement of 
 their accounts in all matters relating to apprentices and in 
 cases of sales of real estate of deceased persons for payment of 
 
 debts. (111. VI 20.) 
 
 As conferred by law in matters of probate jurisdiction and care 
 
 of estates of deceased persons, minors and persons of unsound 
 
 mind. (Kan. Ill 8.) 
 As conferred by law. (Md. IV 40; Wis. VII 14.) 
 As conferred by law; cases of juvenile delinquents and defendants. 
 
 (Mich. VII 13.) 
 
 Over estates of deceased persons; persons under guardianship; 
 
 no other jurisdiction except as prescribed by constitution. 
 
 (Minn. VI 7.) 
 Probate business, granting letters testamentary, and of admin- 
 istration, appointment of guardians and curators of minors and 
 persons of unsound mind, settling accounts of executors, ad- 
 
 16
 
 482 State Constitutions 
 
 COURTS (Cont'd) 
 
 Probate Courts (Cont'd) 
 Jurisdiction (Cont'd) 
 
 ministrators, curators and guardians, and the sale or leasing 
 of lands by them; in matters pertaining to apprentices. (Mo. 
 
 VI 34,,) 
 Matters relating to probate of wills and granting letters of ad- 
 ministration to be exercised by judges of probate in manner 
 
 prescribed by law. (N.H. II 79.) 
 Until otherwise provided by law to have same jurisdiction as is 
 now exercised by the probate courts of the territory of New 
 Mexico; such civil coextensive with county as conferred by 
 law; none in any action against officers for misconduct in 
 office; none where boundaries or possession of or title to land 
 involved or in action for specific performance of contracts for 
 sale of real estate; as conferred by law in misdemeanors where 
 punishment cannot be imprisonment in the penitentiary or in 
 which the fine cannot be in excess of $1,000; none in slander 
 and libel, divorce or actions for malicious prosecution; juris- 
 diction may be conferred on judges to act as examining and 
 committing magistrates in criminal cases. (N.M. VI 23.) 
 Powers which the surrogate and existing surrogate courts now 
 
 possess until otherwise provided by law. (N.Y. VI 15.) 
 In probate and testamentary matters, appointment of admin- 
 istrators and guardians, settlements of accounts of executors, 
 administrators and guardians; such as issuing of marriage 
 licenses and other jurisdiction conferred by law. (Ohio IV 8.) 
 As conferred by law, including jurisdiction of a register's court, 
 which court is abolished. (Pa. V 22.) 
 Name 
 
 Where called probate court reference not given. 
 Court of ordinary. (Ga. VI Sec. VI 1.) 
 Orphans. (Pa. V 22.) 
 Surrogate court. (X.Y. VI 15.) 
 Number 
 
 Legislature may establish one in each county. (Ala. VI 149.) 
 One in each county. (Kan. Ill 8; Md. IV 40; Mo. VI 34; N.M. 
 
 VI 23; Ohio IV 7; Wis. VII 14.) 
 One in each organized county. (Mich. VII 13; Minn. VI 7.) 
 Quorum 
 
 One judge (out of two). (Del. IV 11.) 
 Registers, See above, this subdivision, Clerks. 
 Registers' Courts, See beloiv, this title, Registers' Courts. 
 Register of Wills, See below, this title, Register of Wills. 
 Seal 
 
 To be the seal of the county courts. (Okla. Sched. 24.) 
 To have a commpn seal. (Mich. VII 17.) 
 
 To have seal to be used in authentication of all process. (Md. 
 
 IV 1.)
 
 Index Digest 483 
 
 COURTS (Cont'd) 
 
 Pkobatk Courts (Cont'd) 
 
 Time and Place of Holding 
 
 As prescribed by law. (Minn. VI 7; N.H. II 79.) 
 
 As prescribed by law, but until so prescribed, as respective judges 
 
 sball direct. (Mass. Pt. II Ch. Ill 4.) 
 Open at all times. (Ohio IV 7.) 
 
 Time as prescribed by law. (Ark. VII 34; Kan. Ill 8.) 
 Transfer of Cases 
 
 See also below, lliis title, Trials — Change of Venue. 
 If judge disqualified, case transferred to general trial court of 
 
 same county. (N.M. VI 23.) 
 Uniformity of Provisions Relating to 
 
 To be uniform in organization, jurisdiction, duties and practice, 
 except that separate clerk may be provided for or judge may 
 be required to act ex officio as his own clerk. (Mo. VI 35.) 
 Writs, Power to Issue 
 
 Habeas corpus. (Kan. Ill 8.) 
 
 Habeas corpus as conferred by law. (Ohio IV 8.) 
 No power to grant writs of habeas corpus, injunction or ordinary 
 
 writs. (N.M. VI 23.) 
 Procedure 
 
 On Appeals, See above, this title, Appeals. 
 Attachments 
 
 Issued and served on legal holidays and on non-judicial days. 
 
 (Ariz. VI 8.) 
 Criminal Cases 
 
 Proceedings to be as, prescribed by law. (Ariz. VI 22.) 
 No criminal case to be reversed for technical error in proceed- 
 ings when upon the whole case it appears that substantial jus- 
 tice has been done. (Ariz. VI 22.) 
 If indictment quashed, person charged not to be released, but 
 held to answer information or affidavit, if probable cause of 
 
 guilt. (Tex. V 17,.) 
 
 When after conviction new trial granted, defendant not to be 
 
 tried for offense or degree of offense greater than one for 
 
 which convicted. (N.M. II 15.) 
 Amended indictment may be filed by district attorney when in- 
 dictment held to be defective in form. (Ore. VII 5.) 
 Bail, See Bail. 
 
 Form of accusation, See Crimes. 
 
 Preliminary examinations, See below, this title, Trials. 
 Special rights of accused, See Crimes — Rights of Accused. 
 English Language 
 
 Written judicial proceedings of the state conducted, promulgated 
 
 and preserved in. (Mich. XVI 6.) 
 Same; but legislature may provide that judicial advertisements 
 in "certain designated cities and parishes", shall also be made 
 in French language. (La. 165.)
 
 484 State Constitutions 
 
 COURTS (Cont'd) 
 
 Procedure (Confd) 
 Error in 
 
 No judgment to be set aside or new trial granted for any error 
 as to any matter of procedure, unless after examination of 
 entire cause, including evidence, court is of opinion that error 
 complained of has resulted in miscarriage of justice. (Cal. 
 
 VI 41/2 (1914).) 
 If highest court of opinion after consideration of all matters sub- 
 mitted, that judgment of court appealed from was correct, 
 judgment to be affirmed, notwithstanding error committed dur- 
 ing trial. (Ore. VII 3.) 
 No criminal case to be reversed for technical error in proceedings, 
 when upon the whole case it appears that substantial justice 
 
 has been done. (Ariz. VI 22.) 
 No judgment or decree in any chancery or general trial court 
 rendered in civil case to be reversed or annulled on ground of 
 want of jurisdiction to render such judgment or decree, from 
 error or mistake as to whether cause in which rendered was in 
 equity or common-law jurisdiction, but if highest court finds 
 error in proceedings other than as to jurisdiction, and it is 
 necessary to remand case, it may remand it to any court which, 
 in its opinion, can best determine controversy. (Miss. VI 147.) 
 Feigned Issues 
 
 Abolished; fact at issue tried by order of court before jury. 
 
 (Ida. V 1; N.C. IV 1.) 
 Garnishment 
 
 Current wages for personal service not subject to. (Tex. XVI 
 
 28.) 
 Pleading, See above, this title, Pleading. 
 Process, See below, this title, Process. 
 Regulation 
 
 Legislature to provide a general system in all courts of state. 
 
 (Iowa V 14.) 
 Proceedings in courts to be under direction of legislature. (Minn. 
 
 VI 14.) 
 
 Legislature to regulate methods of proceeding in exercise of their 
 
 powers, of all courts below highest. (Ida. V 13; N.C. IV 12.) 
 
 Highest court to make rules and amend practice in all courts of 
 
 record. (Mich. VII 5; Tex. V 25.) 
 Highest court to make rules governing proceedings in equity. 
 
 (Md. IV 18 j 
 Not to be regulated by local, private or special law. (Ariz. IV 
 19; Cal. IV 25; Colo. V 25; Fla. Ill 20; Ida. Ill 19; 111. IV 
 22; Ind. IV 22; La. 48; Miss. IV 90; Mo. IV 53; Mont. V 26; 
 Nebr. Ill 15; Nev. IV 20; N.M. IV 24; N.D. II 69; Okla. V 
 46; Ore. IV 23; Pa. Ill 7; Tex. Ill 56; Utah VI 26; Va. IV 
 
 63; W.Va. VI 39; Wyo. Ill 27.) 
 
 Not to be regulated by local or special law, but practice in circuit 
 
 courts in continuous session may, by general law, be made dif-
 
 Inde:r Digest 485 
 
 COURTS (Cont'd) 
 
 Procedure (Cont'd) 
 
 Regulation (Cont'd) 
 
 ferent from the practice of circuit courts held in terms. (Ky. 
 
 59.) 
 No act of legislature to change rules of procedure in any pending 
 
 v case. (X.M. IV 34.) 
 
 Survival of Actions 
 
 No suit in chancery or at law where cause of action survives, to 
 abate, but until legislature otherwise provides, suggestion of 
 death being entered on record, executor of a deceased party 
 may prosecute suit, and if respondent or defendant dies, execu- 
 tor or administrator beiiig served with a scire facias 30 days 
 before the return to be Considered party to suit in same man- 
 ner as if he had voluntarily made himself a party; in any of 
 those cases the court to pass a decree or render judgment for 
 or against executor or administrator as to right appertains; 
 but where executor or administrator of deceased respondent or 
 defendant becomes a party the court, upon motion, to grant a 
 continuance of the cause if the judges deem proper. (Del. IV 
 
 26.) 
 Trials, See below, this title, Trials. 
 Uniformity 
 
 Proceedings and practice of all courts of same class or grade, so 
 far as regulated by law, to be uniform. (111. VI 29; Mont. 
 
 VIII 26.) 
 Same; except city courts; uniformity must be established by 
 
 legislature. (Ga. VI Sec. IX 1.) 
 
 Proceedings and practice of all courts of same class or grade, so 
 
 far is regulated by law, and force and effect of proceedings, to 
 
 be uniform. (Colo. VI 28; Ida. V 26; Nebr. VI 19; S.D. V 
 
 34.) 
 Process 
 
 Style of 
 
 In prosecutions and i)idictmcnts, See Crimes — Form of Accu- 
 sation. 
 
 " "he state of " (Ala. VI 170; Ariz. VI 20; Del. IV 
 
 35; Fla. V 37; Ind. VII 18; Iowa V 8; Kan. Ill 17; Ky. 123; 
 La. 90; Md. IV 13; Minn. VI 14; Miss. VI 169; Mont. VIII 
 27; Nebr. VI 24; Nev. VI 13; N.D. IV 97; Ohio IV 20; Pa. 
 
 V 23; S.D. V 3S; Tex. V 12; Utah VIII IS; Wash. IV 27; 
 
 Wyo. V 15.) 
 
 ■< The people of the state of " (Cal. VI 20.) 
 
 " In the name of the people of the state of " (Colo. 
 
 VI 30; 111. VI 33; Mich. VII 22.) 
 
 Writs and processes to be " the state of " (specifying 
 
 state). (Mo. VI 38; N.M. VI 20; Okla. VII 19; Wis. VII 17.) 
 All writs and processes to run in the name of the state of 
 
 (S.C. V 31.)
 
 486 State Cor' IT UTioNS 
 
 COURTS (Cont'd) 
 
 Process (Cont'd) 
 Style of (Cont'd) 
 
 Writs and other process 5 nm in the name of the state of 
 
 (Ark. VIl9; Tenn. VI 12.) 
 
 Writs to be in the name' the state. (Mass. Pt. II Ch. VI 5; 
 
 N\H. II 86; N.J. VIII 3.) 
 Writs issued under aut'rity of this state to run in the name 
 of the state of West irginia. (W.Va. II 8.) 
 Teste and Signing 
 
 Writs and process to b- r teste and be signed by clerk of court 
 
 from which issued. Ark. VII 49; Tenn. VI 12.) 
 Tested, sealed and signl as provided by law. (Md. IV 13.) 
 Writs to be attested bv ; lerk of court from which issued. (Mo. 
 
 VI 38.) 
 
 Writs issuing out of the°l er k's office in any court of law to be 
 
 under seal of court wh lce they issue, and bear teste of first 
 
 justice of court to whicht ne y shall be returnable, who is not 
 
 a party, and be signed bv l ei '^ °f sucn c °urt. ( Mass. Pt. II 
 
 Ch. VI 5.) 
 Writs issued out of the clerk's oJ ce m an y cour t of law to be 
 under seal of court, when issued 8 ar teste of chief or first or 
 senior justice of court, but when juc? e interested then writ to 
 bear teste of some other justice of'cou* to wmcn same shall be 
 returnable; and to be signed by clerk of such court - (N.H. 
 
 II 86.) 
 Service of 
 
 On corporations, See Corporations. 
 
 Legislature may provide for service of proet SS in a11 civiI cases 
 
 by litigants themselves. (La. 129.) 
 Service of citation not to be waived by an y document under 
 private signature executed prior to the mati irity of obli g ation 
 
 gu ed on. (La. 91.) 
 Force and Effect 
 
 Of process of all courts of same class or grade, 8 ° faT as regU " 
 
 lated by law, to be uniform. (111. VI 29; Pa' V 26-) 
 Same; except city courts; uniformity must be est ablished by 
 n legislature. (Ga VI Sec. IX 1.) 
 
 Quarterly Courts 
 
 See also above, this title, County Courts. ' 
 
 One in each county; jurisdiction uniform throughout st ate; re g ulated 
 by general law and until changed same as now vested in <l uarterl y 
 courts of this commonwealth; judge of county court' to be judge ' 
 
 J v (Ky. 139.) 
 
 Register of Wills '1 
 
 See also above, this title, Probate Courts 
 To be a county officer and elected as such. (Pa XIV 1 2>) 
 Elected at general election by qualified voters of respec^'™ countie9 ' 
 for term of four year's, office to be located in town* 1 or p,ace in 
 county where general trial court is held (Del III 2'^'' 23 ' 24>)
 
 Index Digest 487 
 
 COURTS (Cont'd) 
 
 Registers' Courts 
 
 See also above, this title, Probate Courts. 
 Abolished. (Pa. V 22.) 
 
 Registers of wills to hold court in each county. On litigation of a 
 case, depositions of witnesses examined to be taken in writing and 
 made part of the proceedings. Court may issue process throughout 
 state. Appeals may be taken to general trial court for civil cases 
 only, whose decision final. If register interested in questions con- 
 cerning probate of wills, granting of letters of administration or 
 executors' or administrators' accounts, cognizance of cases to be- 
 long to probate court, with appeals to general trial court for civil 
 cases only, whose decision final. Executor or administrator to file 
 every account with register of wills for county, who shall, when 
 convenient, carefully examine in presence of executor or admin- 
 istrator, and adjust and settle same; account so settled to remain 
 in his office for inspection; executor or administrator within three 
 months to give notice in writing to persons entitled to shares of 
 estate or to their guardians, if residing within state, that account 
 may be inspected. Exceptions may be made by persons concerned 
 denying justice of allowances or alleging further charges. Excep- 
 tions heard in orphans' court for county and settled. (Del. IV 
 
 33, 34.) 
 Seal 
 
 Courts of record to have seal to be used in authentication of all 
 
 process. (Kan. Ill 1.) 
 Special Sessions, Court of, See above, this title, Criminal Courts. 
 Supreme Courts 
 
 See above, this title, Highest Court. 
 See above, this title, Intermediate Courts of Appeal. 
 See above, this title, General Trial Courts. 
 Surrogates, See above, this title, Probate Courts. 
 Terms 
 
 Of a particular class of courts, See throughout this title. 
 
 To remain as fixed by ordinance forming part of constitution until 
 
 otherwise provided by law. (Tex. V 14.) 
 Courts to be maintained in every county in this state and also in 
 new counties when formed. (Vt. II 4.) 
 Trials 
 
 Right to 
 
 Accused has right to public trial. (Ind. I 13; Ore. I 11.) 
 Every man has right to speedy trial in all criminal prosecutions. 
 
 (Md. D.R. 21; Va. I 8.) 
 Accused has right to speedy trial in all criminal prosecutions. 
 
 (Wyo. I 10.) 
 Accused has right to speedy and public trial in all criminal 
 prosecutions. (Ariz. II 24; Ark. II 10; Cal. I 13; Colo. II 
 16; Del. I 7; Fla. D.R. 11; Ga. I Sec. I 5; Ida. I 13; 111. II 9; 
 Kan. B.R. 10; La. 9; Mich. II 19; Minn. I 6; Mo. II 22; Mont. 
 Ill 16; Nebr. I 11; N.J. I 8; KM. II 14; N.D. I 13; Ohio I 10;
 
 488 State Constitutions 
 
 .COURTS (Cont'd) 
 Trials (Cont'd) 
 
 Right to (Cont'd) 
 
 Okla. II 20; R.I. I 10; S.C. I IS; S.D. VI 7; Tex. I 10; Utah 
 I 12; Vt. I 10; Wash. I 22.) 
 
 Accused has right in all criminal prosecutions to a speedy, public 
 and impartial trial. (Me. I 6.) 
 
 In all criminal prosecutions and in cases involving the life or 
 liberty of an individual, accused to have right to a speedy and 
 public trial. (Iowa I 10.) 
 
 Accused right to speedy and public trial in prosecution by 
 
 indictment. (Ala. I 6.) 
 
 Accused has right to speedy and public trial in prosecutions by 
 indictment or information. (Conn. I 9; Ky. 11; Miss. Ill 26; 
 
 Pa. I 9; Wis. I 7.) 
 
 Accused has right to speedy and public trial in prosecutions by 
 indictment or presentment. (Tenn. I 9.) 
 
 Trials of crimes and misdemeanors to be public without unreason- 
 able delay. (W.Va. Ill 14.) 
 
 Right of accused to be heard, See Crimes — Rights of Accused. 
 Preliminary Examinations 
 
 Preliminary examination arid commitment by magistrate required 
 in all cases heretofore required to be prosecuted by indictment, 
 and now prosecuted by information; in case of indictment, 
 examination or commitment necessary if so prescribed by law. 
 
 (Cal. I 8.) 
 
 A preliminary examination and commitment by magistrate, unless 
 waived, required in cases heretofore required to be prosecuted 
 by indictment and now prosecuted by information ; in case of 
 indictment, either " with or without such examination and 
 
 commitment". (Utah I 13.) 
 
 A preliminary examination by magistrate required in cases of 
 felony unless waived. (Ariz. II 30; Okla. II 17.) 
 
 " No person to be held to answer for any offense unless on 
 presentment or indictment of a grand jury, or on information 
 of the public prosecutor, after commitment by a magistrate." 
 
 (Ida. I 8.) 
 
 Prosecutions by information in general trial courts to be after 
 examination and commitment by magistrate, or after leave 
 granted by court. (Mont. Ill 8.) 
 
 Justices of peace to sit as examining courts to commit, discharge 
 or recognize offenders to the court having jurisdiction for fur- 
 ther trial. (Ark. VII 40.) 
 
 Justices of peace to have power to issue process for arrest of 
 persons charged with crime and make the same returnable 
 before himself or county judge, for examination, discharge, 
 commitment or bail of the accused. (Fla. V 22.) 
 
 Justices of peace to have criminal jurisdiction as committing 
 magistrates; power to bail or discharge any cases not capital 
 or necessarily punishable at hard labor. (La. 126.)
 
 Index Digest Is'.i 
 
 COURTS (Cont'd) 
 Trials (Cont'd) 
 
 Preliminary Examinations (Cont'd) 
 
 Justices of peace to sit as examining and committing magistrates 
 in all felony cases until otherwise provided by law. (Okla. 
 
 VII 18.) p 
 Magistrates have power to bind over to keep the peace and for 
 
 good behavior for a time not to exceed 12 months. (S.C. 
 
 V 21.) 
 May be held in cases of felony by judges of highest court, general 
 
 trial courts and justices of peace. (Utah VIII 21.) 
 District judges and justices of peace may hold in criminal cases. 
 
 (N.M. VI 21.) 
 County courts to have jurisdiction of examining and committing 
 
 magistrates in all criminal cases. (Okla. VII 17.) 
 Judges of probate courts may be authorized to sit as examining 
 and committing magistrates in criminal cases. (N.M. VI 23.) 
 Place of Bringing Suit 
 
 Against corporations, See Corporations — Suits — Against. 
 Every civil action cognizable by magistrates to be brought before 
 a magistrate in county where defendant resides. (S.C. V 23.) 
 All actions for recovery and possession of land, or for quieting 
 title or enforcement of liens on real estate, to be commenced 
 in county in which real estate or any part thereof affected 
 by such action is situated. (Cal. VI 5; Mont. VIII 11.) 
 Divorce cases to be brought in county where defendant resides, if 
 a resident of this state; if not a resident then in county in 
 which plaintiff resides. (Ga. VI Sec. XVI 1.) 
 Suits against maker and indorser of promissory notes, drawer, 
 acceptor and indorser of foreign or inland bills of exchange or 
 like instruments, residing in different counties, to be brought 
 where maker or acceptor resides. (Ga. VI Sec. XVI 5.) 
 Criminal actions cognizable by magistrates to be brought in 
 county where offense committed. (S.C. V 23.) 
 Time of 
 
 Accused has right to reasonable time to prepare defense. (W.Va. 
 
 Ill 14.) 
 Right of accused to speedy trial, See above, this subdivision, 
 
 Right to. 
 Place of Trial 
 
 Every action to be tried in county in which commenced, unless 
 judges of court believe that impartial trial cannot be had in 
 
 that county. (Del. I 9.) 
 
 All civil business arising in a county to be tried in that county 
 
 unless a change of venue be taken as provided by law. (Utah 
 
 VIII 5.1 
 Titles to land to be tried in county where land lies except 
 
 where single tract is divided by county line, in which case 
 general trial court in either county to have jurisdiction; 
 equity cases to be tried in county in which defendant resides
 
 490 State Constitutions 
 
 COURTS (Cont'd) 
 Trials [Cont'd) 
 
 Place of Trial (Cont'd) 
 
 against whom substantial relief is prayed; suits against joint 
 obligors, joint promisors, copartners or joint trespassers, resid- 
 ing in different counties, may be tried in either county; all 
 other civil cases to be tried in county where defendant resides. 
 
 (Ga. VI Sec. XVI 2, 3, 4, 6.) 
 Trial of facts where they arise one of greatest guarantees of 
 
 lives, liberties and estates of the people. (Md. D.R. 20.) 
 Verification of facts, in vicinity of offense, is one of greatest 
 securities of life, liberty and property of citizens. (Mass. Pt. 
 
 I 13.) 
 No crime ought to be tried in any other county than that in 
 
 which committed. (N.H. I 17.) 
 County of offense in criminal cases. (Ariz. II 24; Ark. II 10; 
 Fla. D.R. 11; Ohio I 10; Okla. II 20; Ore. I 11; Wash. I 22; 
 
 W.Va. Ill 14.) 
 County of offense unless change of venue secured. ( S.C. VI 2 ; 
 
 Utah VIII 5.) 
 County of offense in prosecutions by indictment or information. 
 
 (Miss. Ill 26.) 
 
 County of offense except cases in general trial courts where 
 
 judge is satisfied that an impartial jury cannot be obtained 
 
 in such county. ( Ga. VI Sec. XVI 6. ) 
 
 County or district of offense in criminal cases. (Colo. II 16; 
 
 111. II 9; Kan. B.R. 10; N.M. II 14.) 
 County or district of offense, which county or district shall have 
 
 been previously ascertained by law. (Wis. I 7.) 
 County or district of offense in all prosecutions by indictment. 
 
 (Ala. I 6.) 
 Parish of offense, unless changed. (La. 9.) 
 
 In counties where magistrates have separate and exclusive terri- 
 torial jurisdiction, criminal causes to be tried in magistrate's 
 district where offense committed. (S.C. V 23.) 
 Many states provide for jury of county, - district or vicinity 
 where offense is alleged to have been committed, but make 
 no specific reference to place of trial. For these provisions, 
 See Juries — Organization of Jury. 
 Change of Venue 
 
 Legislature to provide by law in civil and criminal cases. 
 
 (La. 169.) 
 
 Power vested in general trial court to change venue in civil and 
 
 criminal cases to be exercised in manner provided by law. 
 
 (Ga. VI Sec. XVII 1.) 
 
 Power in civil and criminal cases vested in courts to be exercised 
 
 in manner provided by law. (Ala. IV 75; Colo. V 37; Pa. Ill 
 
 23; Tex. Ill 45.) 
 
 In all suits or actions at law issued from probate court or from 
 
 any court sitting in equity, upon suggestion in writing under
 
 Index Digest 491 
 
 COURTS (Cont'd) 
 Trials (Cont'd) 
 
 Change of Venue (Cont'd) 
 
 oath of either party that such party cannot have a fair and 
 impartial trial in court in which the same may be pending, 
 the court shall direct case to be transmitted to some other 
 court having jurisdiction in such case, for trial. (Md. IV 8.) 
 
 •Legislature to provide for, in civil and criminal cases, over 
 which circuit courts have original jurisdiction, on proper 
 showing supported by affidavit that fair and impartial trial 
 cannot be had in county where action or prosecution com- 
 menced ; state to have the same right to move for as a de- 
 fendant has in such offenses as the legislature may prescribe ; 
 not to be granted in criminal cases until true bill has been 
 found by grand jury; if ordered, to be to county in same 
 
 judicial district. (S.C. VI 2.) 
 
 On application of accused for good cause. (W.Va. Ill 14.) 
 
 On application of accused according to law. (Ark. II 10; Okla. 
 
 II 20.) 
 
 In criminal prosecutions by legislature if it deems proper in 
 cases of general insurrection when judges of superior court 
 report impartial trial cannot be had, to nearest county in 
 which impartial trial can be obtained. (N.H. I 17.) 
 
 Legislature may provide by general law in prosecutions by 
 indictment or information, for change at request of either 
 commonwealth or defendant, to most convenient county in 
 which fair trial can be obtained. (Ky. 11.) 
 
 Legislature may provide by general law for, on application of 
 defendant in all prosecutions by indictment; defendant need 
 not be present when application for change is heard and 
 determined, if imprisoned. (Ala. I 6.) 
 
 In counties where magistrates have separate and exclusive 
 territorial jurisdiction criminal causes may be changed from 
 one magistrate's district to another in same county under 
 rules provided by legislature. (S.C. V 23.) 
 
 In all cases of presentment or indictment for offenses punishable 
 by death, upon suggestion in writing under oath of either 
 party that such party cannot have fair and impartial trial 
 in court in which same may be pending, case to be transmitted 
 to some other court having jurisdiction in the case for trial; 
 in other cases of presentments or indictments party must 
 make it appear to court that suggestion is true or that there 
 is reasonable ground for same; same procedure when all judges 
 of court disqualified to sit in any case. (Md. IV 8.) 
 
 By private, local or special law, prohibited. (Ala. IV 104; Cal. 
 
 IV 25; Colo. V 25; Fla. Ill 20; Ida. Ill 19; 111. IV 22; 
 Ind. IV 22; Ky. 59; La. 48; Miss. IV 90; Mo. IV 53; Mont. 
 
 V 26; Nebr. Ill 15; Nev. IV 20; N.J. IV Sec. VII 11; N.M. 
 IV 24; N.D. II 69; Okla. V 46; Ore. IV 23; Pa. Ill 7; Tex. 
 Ill 56; Utah VI 26; Va. IV 63; Wyo. Ill 27.)
 
 492 State Constitutions 
 
 COURTS [Cont'd) 
 
 Trials {Cont'd) 
 
 Change of Venue (Cont'd) 
 
 By private, local or special law, prohibited, unless bill or amend- 
 ment reported by commissioners to revise statutes. (N.Y. 
 
 Ill 18, 23.) 
 By local or special law prohibited in criminal cases. (Ark. 
 
 V 24.) 
 
 By Referee 
 
 Any civil case may be tried before practicing attorney as referee 
 upon application of parties and order made from court; same 
 order appointing referee. Referee to keep complete record 
 of case including evidence, and such record shall be filed with 
 papers in case in office of clerk. Cause subject to an appeal 
 in manner prescribed by law. (Fla. V 20.) 
 
 Exclusion from Court Room 
 
 Court has right to exclude from court room all persons except 
 those necessary in conduct of trial, in prosecutions for rape 
 and assault with intent to ravish. (Ala. VI 160.) 
 
 Court lias right to exclude from court room all persons except 
 such as are necessary in cend"uct of trial in prosecutions for 
 crimes against nature or other scandalous crimes. (Miss. 
 
 Ill 26.) 
 
 Courts not to be secret. (Ore. I 10.) 
 
 Courts to be public. (S.C. I 15.) 
 
 Charge to Jury 
 
 Judges not to charge juries with respect to matters of fact, 
 
 but shall declare the law. (Ark. VII 23; S'.C V 26.) 
 Judges not to charge juries with respect to matters of fact, nor 
 comment thereon, but shall declare law. (Ariz. VI 12; Cal. 
 
 VI 10; Wash. IV 16.) 
 
 Not to charge juries with regpect to matters of fact but may 
 
 state the testimony and declare the law. (Nev. VI 12; Tenn. 
 
 VI 9.) 
 
 Judges not to charge juries with respect to matters of fact, but 
 
 may state questions of fact in issue and declare the law. (Del. 
 
 IV 22.) 
 In jury trials judges shall reduce their charge or instructions 
 
 to writing on request of either party. (Ark. VII 23.) 
 
 No judgment to be set aside or new trial granted on ground of 
 
 misdirection of jury, unb---, ttlt&t examination of entire cause, 
 
 including evidence, court is of opinion that error complained 
 
 of has resulted in miscarriage of justice. (Cal. VI 4% (1914).) 
 
 Uniformity of Provisions Rfxatixc; to 
 
 All laws relating to courts to be general and of uniform operation, 
 and organization, jurisdiction, powers, proceedings and practice 
 of all courts of same class or grade, so far as regulated by law, 
 and force and effect of proceedings, judgments and decrees of such 
 courts to be uniform. (Colo. VI 28; Xebr. VI 19.)
 
 Index Digest 493 
 
 COURTS (Cont'd) 
 
 UNIFORMITY OF PROVISIONS RELATING TO {Cont'd) 
 
 Same: but legislature may classify county courts according to 
 population of respective counties, and fix jurisdiction and salaries 
 of judges accordingly. (S.D. V 34.) 
 All laws relating to courts to be general and of uniform operation 
 throughout state, and organized judicial powers, proceedings and 
 practices of all courts of same class or grade, so far as regulated 
 by law, and force and effect of proceedings, judgments and decrees 
 of such courts to be uniform. (Ida. V 26.) 
 All laws relating to courts to be general and of uniform operation 
 throughout state, and organization, jurisdiction, powers, proceed- 
 ings and practice of all courts of same class or grade, so far as 
 regulated by law. to be uniform. (Mont. VIII 26.) 
 All laws relating to courts to be general and of uniform operation, 
 and organization, jurisdiction, powers, proceedings and practice 
 of all courts of same class or grade, so far as regulated by law, 
 and force and effect of process, judgments and decrees of such 
 courts to be uniform. (111. VI 29.) 
 All laws relating to courts to be general and of uniform operation, 
 and organization, jurisdiction and powers of all courts of same 
 class or grade, so far as regulated by law. and force and effect of 
 process and judgments of such courts to be uniform. (Pa. V 26.) 
 Jurisdiction, powers, proceedings and practice of all courts or officers' 
 vested with judicial powers (except city courts) of same grade or 
 class, so far as regulated by law, and force and effect of process, 
 judgments and decrees of such courts to be uniform. This uniform- 
 ity must be established by legislature. (Ga. VI Sec. IX 1.) 
 Venue. See above, this title, Trials. 
 Witnesses, See Witnesses. 
 Writs 
 
 See throughout this title for icrits issued by particular classes of 
 courts. For style, See above, this title, Process. For special 
 provisions as to right in general to icrits of habeas corpus, See 
 
 Habeas Corpus . 
 CRIMES 
 
 Age of Consent 
 
 For unmarried women, to be 14. (S.C. Ill 33.) 
 Appeal. Right to, See Courts — Appeals. 
 Arrests 
 
 Xo person to be arrested except in cases clearly warranted by law. 
 
 (Conn. I 10.) 
 Abuse of persons prohibited in making arrests or while under arrest. 
 
 (Ga. I Sec. I 9.) 
 Unnecessary rigor prohibited in treatment of persons arrested- (Ind. 
 
 I 15; Ore. I 13; Utah I 9.) 
 No act of severity which is not necessary to secure an accused per- 
 son shall be permitted. (R.I. I 14.) 
 Treatment of prisoners, See Penal Institutions — Prisons — In- 
 mates.
 
 494 State Constitutions 
 
 CRIMES (Cont'd) 
 Arrests (Cont'd) 
 Exemption from 
 
 See Elections — Privileges of Electors. 
 See Legislature — Members. 
 See Militia. 
 Attainder, See Attainder. 
 Bail, See Bail. 
 Barratry 
 
 Legislature to provide for denning and punishing. (Tex. XVI 29.) 
 Commitments, See Courts — Trials — Preliminary Examinations. 
 Commutation or Sentences 
 
 In Cases of Impeachment, See Impeachment. 
 
 In Cases of Treason, Sec Treason. 
 
 Indeterminate Sentences, See below, this title, Punishment. 
 
 Remission of Fines, Penalties and Forfeitures, See bcloio, this title, 
 
 Remission of Fines, Penalties and Forfeitures. 
 Pardons, See below, this title, Pardons. 
 Reprieves, See below, this title, Reprieves. 
 Power Vested in Whom 
 Governor Alone 
 
 Governor may grant. (Ky. 77.) 
 
 Same; subject to regulations prescribed by law. (Ore. V 14.) 
 Governor may grant after conviction. (Ark. VI 18; Colo. 
 
 IV 7; Tex. IV 11.) 
 Same; subject to regulations prescribed by law relative to 
 
 manner of applying. (111. V 13; Wyo. IV 5.) 
 Governor may commute penalties and remit any part of 
 
 sentence after conviction. (Ga. V Sec. I 12.) 
 Governor may grant after conviction subject to regulations 
 prescribed by law. (Ariz. V 5; Ind. V 17; Iowa IV 16.) 
 Governor may grant commutations after conviction where 
 sentence is for two years or less, or a fine of $200 or less, 
 subject to regulations prescribed by law relative to man- 
 ner of applying. (S.D. IV 5.) 
 Governor may grant after conviction, -upon such conditions 
 and under such restrictions and limitations as he may 
 think proper. (Cal. VII 1; Mich. VI 9; Mo. V 8; Nebr. 
 V 13; N.Y. IV 5; N.C. Ill 6; Ohio III 1; Wis. V 6.) 
 Governor may grant after conviction, upon such conditions 
 and with such restrictions and limitations as he may 
 deem proper, subject to regulations prescribed by law. 
 
 (Okla. VI 10.) 
 Governor may commute capital punishment. (Va. V 73; 
 
 W.Va. VII 11.) 
 Neither governor nor legislature to have power to grant 
 commutation of sentence, in any case where convict has 
 been twice convicted of felony, unless upon written recom- 
 mendation of majority of judges of highest court. (Cal. 
 
 VII 1.)
 
 Index Digest 495 
 
 CRIMES (Cont'd) 
 
 Commutation of Sentences (Cont'd) 
 Power Vested in Whom (Cont'd) 
 
 Governor (Board Advisory Only) 
 
 Governor may grant after conviction; board to meet on call 
 of governor and there shall be laid before them all recom- 
 mendations and petitions for commutation in cases of 
 felony; board to hear them in open session and give 
 opinion in writing to governor thereupon, or if board fails 
 to advise for more than 60 days governor may grant 
 or refuse commutation as he deems proper. (Ala. V 124.) 
 Governor may grant after conviction and in such manner 
 and under such terms and under such restrictions as he 
 may think proper; every petition for commutation may 
 be first referred to board of pardons to be provided by 
 legislature, to hear all such petitions under rules and 
 regulations prescribed by law; governor may adopt recom- 
 mendations of board, but if not, he shall submit reasons to 
 
 legislature. (S.C. IV 11.) 
 
 Governor on Recommendation of Board 
 
 Governor may grant pardons on recommendation in writing 
 of majority of board. (Del. VII 1; Pa. IV 9.) 
 
 Same; after conviction. (La. 70.) 
 
 Governor may grant commutation after conviction but where 
 sentence is capital punishment, punishment for life or for 
 more than two years, or a fine exceeding $200, no sentence 
 to be commuted except on recommendation in writing of 
 board of pardons, subject to regulations prescribed by 
 law relative to manner of applying. (S.D. IV 5.) 
 
 Governor with Approval of Board 
 
 Governor with advice and consent of council may grant 
 upon such conditions and with such restrictions and limi- 
 tations as may be deemed proper. (Me. V Pt. 111.) 
 
 Governor may grant after conviction, subject to approval 
 of board of pardons or a majority thereof. (Mont. VII 9.) 
 
 Governor "in Conjunction" with Board 
 
 Governor, "in conjunction" with board (of which he is a 
 member), may grant commutations after conviction, sub- 
 ject to regulations prescribed by law as to manner of 
 making application. (N.D. Ill 76.) 
 
 Board of Pardons (of Which. Governor a Member) 
 
 Board or majority may grant after conviction, either abso- 
 lutely or on condition, subject to regulations prescribed 
 by law relative to manner of applying. (Ida. IV 7.) 
 Board of pardons, by majority, including governor, may 
 grant after conviction upon such conditions and under 
 such limitations and restrictions as they deem proper. 
 (Fla. IV 12; Nev. V 14; Utah VII 12.)
 
 496 State Constitutions 
 
 CRIMES (Cont'd ) 
 
 Commutation of Sentences (Cont'd) 
 Power Vested in Whom (Cont'd) 
 Legislature 
 
 Neither governor nor legislature to have power to grant 
 commutation of sentence in any ease where convict has 
 been twice convicted of felony, unless upon written recom- 
 mendation of majority of judges of highest court. (Cal. 
 
 VII 1.) 
 
 No person ought to have his sentence on conviction for 
 
 felony commuted, remitted or mitigated by legislature. 
 
 (Vt. II 56.) 
 As Prescribed by Laic 
 
 Legislature may provide for commutation of sentence of 
 convicts for good behavior. (Miss. V 225.) 
 
 Composition of Board of Pardons, See beloiv, this title, Pardons. 
 
 Procedure and Regulations 
 
 Power to grant to be subject to regulations prescribed by law. 
 
 (Ariz. V 5; Ind. V 17; Iowa IV 16; Okla. VI 10; Ore. V 14.) 
 Power to grant commutation to be subject to regulations pre- 
 scribed by law relative to manner of applying therefor. (Ida. 
 
 IV 7; 111. V 13; N.D. Ill 76; S.D. IV 5; Wyo. IV 5.) 
 Hearings of board required to be on " public notice." ( Pa. 
 
 IV 9.) 
 No commutation granted except after notice of time and place of 
 
 hearing. (Utah VII 12.) 
 No commutation to be granted until previous notice of time and 
 
 place of hearing and relief applied for given by publication 
 
 in newspaper of general circulation at least once a week for 
 
 four weeks. (Ida. IV 7; Mont, VII 9.) 
 Legislature to prescribe sessions of board. (Ida. IV 7; Mont. 
 
 VII 9.) 
 Board to meet on call of governor. (Ala. V 124.) 
 "Full hearing" before board required. (Del. VII 1; Ida. IV 7; 
 
 Mont, VII 9; Pa. IV 9; S.D. IV 5; Utah VII 12.) 
 Sessions of board to be open. (Ala. V 124; Ida. IV 7; Mont. 
 
 VII 9; Pa. IV 9; S.D. IV 5; Utah VII 12.) 
 Procedure of board to be under regulations prescribed by law. 
 
 (Ida. IV 7; Mont. VII 9; S.C. IV 11.) 
 Board's opinion to be in writing. (Ala. V 124; Del. VII 1; La. 
 
 70; Pa. IV 9; S.D. IV 5.) 
 After recommendation of board filed in office of secretary of state, 
 
 latter to notify governor forthwith. (Del. VII 1.) 
 
 Report of Action 
 
 Governor to file with each application for commutation, a state- 
 ment of the reasons for his decision thereon, to be open to 
 
 public inspection. (Ky. 77.) 
 Reasons of governor for rejecting recommendation of board to be 
 submitted to legislature. (S.C. IV 11.)
 
 Index Digest 497 
 
 CRIMES {Cont'd) 
 
 Commutation of Sentences (Cont'd) 
 Report of Action (Cont'd) 
 
 In all cases of commutation governor shall file in office of secre- 
 tary of state his reasons therefor. (Tex. IV 11.) 
 
 Recommendations of hoard, with reasons, to be filed in office of 
 secretary of state. (Del. VII 1; Pa. IV 9; S.D. IV 5.) 
 
 Proceedings and decisions of board, with reasons in each case, 
 together with dissent of any member disagreeing, to be reduced 
 to writing and hied, with papers used upon hearing, in office 
 of secretary of state. (Utah VII 12.) 
 
 Same; adds "signed by him" after "disagreeing". (Ida. IV 
 
 7; Mont, VII 9.) 
 
 Governor to send to legislature at first session, transcript of 
 the petition or proceedings, and reasons for his action, in 
 case of exercise of power to grant commutations. (Colo. IV 7.) 
 
 Governor to report to legislature at next meeting each case of 
 commutation granted. (Ind. V 17; Iowa IV 16.) 
 
 Governor to report to legislature at next meeting each case of 
 commutation granted and reasons for granting. (Ore. V 14; 
 
 Wash. Ill 11.) 
 
 Governor annually to communicate to legislature each case of 
 commutation granted, stating name of convict, crime for which 
 convicted, sentence, its date and date of commutation. (N.Y. 
 
 IV 5.) 
 
 Same; adds "with reasons therefor". (Wis. V 6.) 
 
 Governor to communicate to legislature at beginning of every 
 session each case of commutation granted, stating name of 
 convict, crime for which convicted, sentence, its date and date 
 of commutation. (Fla. IV 11; Nev. V 13.) 
 
 Governor to report to legislature at each session each case of 
 commutation granted, and reasons therefor. (Mich. VI 9.) 
 
 Governor to communicate to legislature at each session particu- 
 lars of every punishment commuted, with reasons therefor. 
 
 (Va. V 73; W.Va. VII 11.) 
 
 Governor to communicate to legislature at each session every 
 commutation with reasons therefor, and opinion of board of 
 pardons in each case, stating name and crime of convict, 
 sentence, its date and date of commutation. (Ala. V 124.) 
 
 Governor to communicate to legislature at each session each 
 case of commutation granted, stating name of convict, crime 
 of which convicted, sentence, its date, date of commutation 
 and conditions upon which granted. (Me. V Pt. I 11.) 
 
 Governor to communicate, to legislature at each session each 
 case of commutation granted, stating name of convict, offense 
 for which convicted, sentence, its date, date of commutation 
 and reasons for granting. (Ga. V Sec. I 12; Mo. V 8.) 
 
 Governor to communicate to legislature at every regular session, 
 each case of commutation, stating name and crime of convict, 
 sentence, its date and date of commutation. (Nebr. V 13.)
 
 498 State Constitutions 
 
 CRIMES (Cont'd) 
 
 Commutation of Sentences (Cont'd) 
 Report of Action (Cont'd) 
 
 Governor shall communicate to legislature at each regular ses- 
 sion, each case of commutation granted, stating the name of 
 convict, crime of which he was convicted, date and place of 
 conviction and date of commutation. (Okla. VI 10.) 
 Governor to communicate to legislature at each regular session 
 each case of commutation granted, stating name of convict, 
 crime for which convicted, sentence, its date, date of commuta- 
 tion, with reasons for granting. (Ark. VI 18; N.D. Ill 76; 
 Ohio III 11; S.D. IV 5; Wyo. IV 5.) 
 Same; adds "and objection, if any, of any member of board". 
 
 (Ida. IV 7; Mont. VII 9; Utah VII 12.) 
 Governor biennially to communicate to legislature each case of 
 commutation granted, stating name of convict, crime for which 
 convicted, sentence, its date, date of commutation and reasons 
 
 therefor. (N.C. Ill 6.) 
 Contempts, See Contempts. 
 
 Counsel, Eight to, See Courts — Counsel, Right to. 
 Disposition op Fines, Penalties and Forfeitures 
 
 Fines and forfeitures collected under penal laws of state to be paid 
 into county treasury as general county fund to be applied to costs 
 and expenses of criminal cases where defendant is insolvent or 
 
 discharged. (Fla. XVI 9.) 
 All net fines and forfeitures paid into treasury of county in which 
 
 prosecutions begun. (Miss. XIV 261.) 
 Fines and penalties in justices of peace and magistrates' courts paid 
 
 into county treasury. (Pa. V 13.) 
 
 Legislature to provide for utilizing fines and forfeitures for laying 
 
 out and working public roads and building bridges. (Tex. XVI 24.) 
 
 Fines and penalties for infringement of ordinance relative to roads 
 
 and bridges to go, when collected, into road and bridge fund of 
 
 parish. (La. 292.) 
 
 Fines assessed and collected in counties, cities and townships for 
 
 breach of penal laws, to be exclusively applied to support of 
 
 libraries. (Mich. XI 14.) 
 Paid into school fund, See Education — Funds. 
 As Disqualification or Disability 
 
 For public office (including relief from disability), See Public 
 
 Officers. 
 For seat in legislature, See Legislature. 
 For voting, See Elections. 
 For jury service, See Juries. 
 Pardons in cases of felony and other offenses involving moral turpi- 
 tude, not to relieve from civil and political disability, unless 
 approved by board and specifically expressed in pardon. (Ala. 
 
 124.) 
 Governor may remove political disabilities resulting from convictior 
 
 for offenses. (Va. V 73.)'
 
 Index Digest 499 
 
 CRIMES (Cont'd) 
 
 As Disqualification or Disability (Cont'd) 
 
 Governor may remove disabilities imposed by law after conviction, 
 
 except for treason and impeachment. (Ga. V Sec. I 12.) 
 Private, local or special law not to restore to citizenship person 
 convicted of infamous crime. (Gal. IV 25; Ida. Ill 19; Ky. 59; 
 Mont. V 26; N.M. IV 24; N.D. II 69; YYyo. Ill 27.) 
 Rights of citizenship not to be restored by private law to person 
 convicted of infamous crime, but general law may regulate. (N.C. 
 
 II 11.) 
 Double Jeopardy, See Jeopardy. 
 Dueling, See Dueling. 
 Evidence, See Evidence. 
 
 Ex Post Facto Laws, See Ex Post Facto Laws. 
 Expenses of Prosecution 
 
 In criminal cases prosecuted in name of state when defendant is 
 insolvent or discharged, costs and expenses, including fees of offi- 
 cers, shall be paid by counties where crime is committed, under 
 regulations prescribed by law; but fines and forfeitures collected 
 under penal laws of state to be paid into county treasury as gen- 
 eral county fund to be applied to legal costs and expenses. (Fla. 
 
 XVI 9.) 
 
 Expenses of criminal prosecutions, except those before justices of 
 
 the peace, to be borne by county in which prosecution begun, and 
 
 all net fines and forfeitures to be paid into treasury of such 
 
 county. (Miss. XIV 261.) 
 Expenses incurred by counties in investigating and prosecuting 
 bribery of or receiving of bribes by any person holding office under 
 laws of state shall be charged against state and their payment by 
 state to be provided by law. (X.Y. XIII 6.) 
 As to costs, See Courts — Costs and Fees. 
 
 Felony, Definition of 
 
 The term "felony" whenever occurring in constitution or laws to 
 mean criminal offense punishable by death or imprisonment in 
 
 penitentiary. (Fla. XVI 25.) 
 Same; adds "and none other". (Colo. XVIII 4.) 
 
 Form of Accusation 
 In General 
 
 For requirement in general of due course of law, See beloic, this 
 
 title, Rights of Accused — In General. 
 Criminal cases in county courts not to be by indictment, but to 
 be by information or otherwise as prescribed by law. (S.D. 
 
 V 21.) 
 Prosecutions in county courts may be commenced in manner 
 provided by law; may be commenced by information by county 
 attorney, or by affidavit, as prescribed by law; if indictment 
 quashed in county or inferior court, person charged not to be 
 released but held to answer information or affidavit, if prob- 
 able cause of guilt. (Tex. V 29, 17.)
 
 iOO State Constitutions 
 
 CRIMES (Cont'd) 
 
 Form of Accusation (Cont'd) 
 Indictment 
 
 General Rule 
 
 For cases tchcre general rule is either indictment or informa- 
 tion, Sec bcloic, this subdivision, Indictment or Infor- 
 mation. 
 For number of grand jurors necessary to find indictment, and 
 
 composition, selection, etc., of grand jury, See Juries. 
 Indictment required. (111. II 8; Tex. I 10.) 
 Indictment or presentment required in all cases. (Ark. II 
 8; Nebr. I 10; N.J. I 9; S.C. I 17; Tenn. I 14; W.Va. 
 
 Ill 4.) 
 
 No person to be prosecuted by information in case of 
 
 indictable offense. (Ala. I 8; Del. I 8; Ky. 12; Miss. 
 
 Ill 27; Pa. I 10.) 
 Indictment or presentment required in all cases except as 
 
 hereinafter allowed. (N.C. I 12.) 
 Indictment or presentment required in capital or felonious 
 
 cases or in cases of infamous crime. (N.M. II 14.) 
 Indictment or presentment required in capital or felonious 
 
 cases. (Fla. D.R. 10.) 
 Indictment or presentment required in capital or infamous 
 
 cases. (Me. I 7; N.Y. I 6; Ohio I 10; R.I. I 7.) 
 Indictment or presentment required in cases, punishment for 
 which may be death or imprisonment for life. (Conn. I 9.) 
 Indictment required in cases of felony until otherwise pro- 
 vided by law. (Colo. II 8; N.D. I S; Wyo. I 13.) 
 Indictment or presentment required in case of offenses 
 " higher " than " offenses less than felony, and in which 
 punishment does not exceed fine of $100, or imprisonment 
 for 30 days". (Iowa I 11.) 
 Indictment or presentment required in capital cases. (La. 9.) 
 Indictment required in cases in general trial court in case 
 of crime or misdemeanor defined or made punishable by 
 laws of state; amended indictment may be filed by district 
 attorney when indictment held to be defective in form. 
 
 (Ore. VII 5.) 
 Indictment not to be used in county courts.. (S.D. V 21.) 
 Exceptions 
 
 For exceptions where general rule is indictment or informa- 
 tion, See below, this subdivision, Indictment or Informa- 
 tion. 
 For power of legislature to make other provisions, See sub- 
 head immediately following this one. 
 Cases of impeachment. (Ark. II 8; Fla. D.R. 10; 111. II 8; 
 Me. I 7; Nebr. I 10; N.J. I 9; N.Y. I 6; N.C. I 12; Ohio 
 I 10; R.I. I 7; Tenn. I 14; Tex. I 10.) 
 Cases of misdemeanor in office by leave of court. (Miss. 
 
 Ill 27.)
 
 Index Digest 501 
 
 CRIMES (Cont'd) 
 
 Form of Accusation (Cont'd) 
 Indictment (Cont'd) 
 
 Exceptions ( Cont'd) 
 
 Cases of oppression or misdemeanor in office by leave of 
 
 court. (Ky. 12; Pa. I 10.) 
 Cases of oppression, extortion, misfeasance or misdemeanor 
 
 in office, by leave of court. (Ala. I 8.) 
 Cases in which punishment is by fine, or imprisonment other- 
 wise than in penitentiary. (111. II 8; Nebr. I 10; Tex. I 
 
 10.) 
 Cases in which punishment is fine of $100 or less, or im- 
 prisonment for 30 days or less with or without hard 
 
 labor. (S.C. I 17.) 
 Cases " less than felony, and in which punishment does not 
 exceed $100, or imprisonment for 30 days ", tried before 
 justice of peace or other officer authorized by law, on in- 
 formation under oath, without indictment, saving to de- 
 fendant, right of appeal. (Iowa I 11.) 
 Cases in which punishment is less than imprisonment in 
 
 penitentiary. (Ohio I 10.) 
 Cases of petit larceny, under regulations of legislature. 
 
 (N.Y. I 6.) 
 Cases cognizable by justice of peace. (X.J. I 9; R.I. I 7; 
 
 W.Va. Ill 4.) 
 Same; adds "usually". (Me. I 7.) 
 Cases which legislature shall make cognizable by justices of 
 
 peace and courts of similar jurisdiction. (Ark. II 8.) 
 Cases arising in militia when in actual service in time of 
 war or public danger. (Ark. II 8; Colo. II 8; Conn. I 
 9; Del. I 8; 111. II 8; Iowa I 11; Ky. 12; La. 9; Me. I 7; 
 Xebr. I 10; X.J. I 9; X.M. II 14; X:D. I 8; Ohio I 10; Pa. 
 I 10; R.I. I 7; S.C. I 17; T e x. I 10; Wyo. I 13.) 
 Same; omits "in time of war or public danger". (Miss. 
 
 Ill 27.) 
 
 Cases arising in militia and volunteer forces when in actual 
 
 service or assembled under arms as military organization. 
 
 (Ala. I 8.) 
 
 Cases in militia in active service in war time, or which 
 
 Btate, with the consent of Congress, may keep in time of 
 
 peace. (Fla. D.R. 10.) 
 
 Cases of militia in actual service, and land or naval forces 
 
 in time of war or which state may keep with consent of 
 
 Congress in time of peace. (X.Y. I 6.) 
 
 Cases arising in land or naval forces. (Colo. II 8; Conn. 
 
 I 9; Del. I 8; Ky. 12; Miss. Ill 27; N.D. I 8; Pa. I 10; 
 
 R.I. 17; S.C. I 17; Wyo. I 13.) 
 
 Cases arising in army or navy. (111. II 8; Iowa I 11; Me. 
 
 I 7; Xebr. I 10; X.J. I 9; Ohio I 10; Tex. I 10.) 
 Cases arising in army and navy of United States. (Ark. II 
 
 8.)
 
 502 State Constitutions 
 
 CRIMES (Cont'd) 
 
 .Form of Accusation (Cont'd) 
 Indictment (Cont'd) 
 
 Power of Legislature to Provide Other Method 
 
 In cases where general rule is indictment or information, 
 See beloiv, this subdivision, Indictment or Information. 
 May abolish grand jury system. (111. II 8.) 
 Legislature may abolish or modify grand jury system (no 
 
 other provision in constitution). (Ind. VII 17.) 
 
 Legislature may change, regulate or abolish grand jury 
 
 system. (Colo. II 23; Nebr. I 10; N.D. I 8; Wyo. I 9.) 
 
 Legislature may provide for holding persons to answer for 
 
 any criminal offense without intervention of grand jury. 
 
 (Iowa V 15.) 
 Legislature may provide for holding persons for answer on 
 
 information of public prosecutor. (Nebr. I 10.) 
 In cases of misdemeanor legislature may dispense with grand 
 jury and authorize proceedings and prosecutions before 
 justice of peace or inferior courts. (Ala. I 8.) 
 Legislature, in cases not punishable by death or by im- 
 prisonment in penitentiary, may dispense with grand jury 
 and authorize prosecutions before justices of peace or 
 such other inferior courts as may be established, and 
 proceedings in such cases to be regulated by law. (Miss. 
 
 III 27.) 
 Legislature may invest corporation courts for towns and 
 
 cities with jurisdiction of offense not punishable by death 
 or imprisonment in penitentiary, with or without indict- 
 ment. (Ark. VII 43.) 
 Legislature may provide for trial by inferior courts or jus- 
 tices of the peace with or without indictment by grand 
 jury of numerous specified misdemeanors and such other 
 misdemeanors as legislature may prescribe by vote of 
 two-thirds of all members elected to each house. (Del. 
 
 IV 30.) 
 Waiver • 
 
 Any person held by committing magistrate to await action 
 of grand jury on charge of felony or other infamous crime, 
 may, in open court, with consent of court and district 
 attorney, to be entered upon record, waive indictment 
 and plead to information in form of indictment filed by 
 district attorney. (X.M. XX 20.) 
 Indictment or Information 
 General Rule 
 
 For cases in which indictment is only method, See above, 
 
 this subdivision, Indictment. 
 
 For number of grand jurors necessary to find indictment, 
 
 and composition, selection, etc., of grand jury, See Juries. 
 
 Indictment, presentment or information by public prosecutor 
 
 required in all cases. (S.D. VI 10.)
 
 Index Digest 503 
 
 CRIMES (Cont'd) 
 
 Form of Accusation (Cont'd) 
 
 Indictment or Information . (Cont'd) 
 General Rule (Cont'd) 
 
 " No person to be held to answer for any offense unless on 
 presentment or indictment of a grand jury, or on infor- 
 mation of the public prosecutor, after commitment by a 
 magistrate"; after charge ignored by grand jury no per- 
 son held to answer, or for trial therefor, on information 
 of public prosecutor. ( Ida. I 8. ) 
 
 Indictment or information in cases of felony or misdemeanor 
 to be concurrent remedies. (Mo. II 12.) 
 
 Cases heretofore required to be prosecuted by indictment 
 may be prosecuted by information or indictment as pre- 
 scribed by law. (Wash. I 25.) 
 
 Offenses heretofore required to be prosecuted by indictment, 
 to be prosecuted by information, after examination and 
 commitment by magistrate, unless examination waived by 
 accused with consent of state, or by indictment, with 
 or without such examination and commitment. (Utah I 
 
 13.) 
 
 Offenses heretofore required to be prosecuted by indictment, 
 to be prosecuted by information, after examination and 
 commitment by magistrate, or by indictment, with or with- 
 out such examination and commitment, as prescribed by 
 
 law. (Cal. I 8.) 
 
 Indictment or information required in all cases of felony or 
 misdemeanor in courts of record; preliminary examination 
 by magistrate required in cases of felony prosecuted by 
 information, unless waived. (Ariz. II 30.) 
 
 Indictment, presentment or information required in cases of 
 felony or misdemeanor in courts of record; preliminary 
 examination by magistrate required in cases of felony 
 prosecuted by information, unless waived. (Okla. II 17.) 
 
 Indictment, presentment or information by district attor- 
 ney or attorney-general, required in capital cases or other 
 infamous crimes. (Nev. I 8.; 
 
 Indictment or information required in all cases other than 
 
 felony. (Colo. II 8; X.D. I. 8.) 
 
 Indictment or information required in all cases except capi- 
 tal crimes. (La. 9.) 
 
 Criminal actions in general trial courts, except those on 
 appeal, to be prosecuted by information, after examination 
 and commitment by a magistrate, or after leave granted 
 by court, or shall be prosecuted by indictment without 
 such examination, commitment, or leave of court. (Mont. 
 
 Ill 8.) 
 
 All offenses triable in criminal court prosecuted upon in- 
 formation under oath to be filed by prosecuting attorney, 
 but grand jury of general trial court for county in which
 
 504 State Constitutions 
 
 CRIMES (Cont'd) 
 
 Form of Accusation (Cont'd) 
 
 Indictment or Information (Cont'd) 
 General Rule (Cont'd) 
 
 criminal court is held may indict for offenses triable in the 
 criminal court; upon the finding of indictment, the cir- 
 cuit judges shall commit or bail the accused for trial in 
 the criminal court which trial shall be upon information. 
 
 (Fla. V 28.) 
 Exceptions 
 
 For exceptions where indictment is only method, See above, 
 
 this subdivision, Indictment. 
 For power of legislature to make other provisions, See sub- 
 head iminediately following this. 
 Cases of impeachment. (Ida. I 8; Xev. I 8; S.D. VI 10.) 
 Cases cognizable by county courts. (S.D. VI 10.) 
 Cases cognizable by justices' courts. (Ida. I 8; S.D. VI 
 
 10.) 
 Cases cognizable by probate courts. (Ida. I 8.) 
 Cases of petit larceny, under regulations <of legislature. 
 
 (Xev. I 8.) 
 Misdemeanors in police courts to be prosecuted by informa- 
 tion. (N.D. IV 113.) 
 Cases in militia in actual service in time of war or public 
 
 danger. (Ida. I 8; Mo. II 12; S.D. VI 10.) 
 Cases arising in land or naval forces. (Mo. II 12.) 
 Cases arising in army or navy. (S.D. VI 10.) 
 Cases of militia when in actual service, and land and naval 
 forces in time of war, or which state may keep, w r ith con 
 sent of Congress, in time of peace. (Nev. I 8.) 
 
 Power of Legislature to Provide Other Method 
 
 In cases inhere indictment is only method, See above, this 
 
 subdivision, Indictment. 
 Legislature may abolish or modify grand jury. (S.D. VI 
 
 10.) 
 Legislature may provide for prosecuting misdemeanors on 
 
 affidavit. (La. 9.) 
 Complaint 
 
 In courts not of record, prosecution may be instituted upon 
 
 sworn complaint. (Ariz. VI 9.) 
 Prosecutions may be instituted in courts not of record by duly 
 
 verified complaint. (Okla. II 17.) 
 Offenses of which justices' courts and other courts inferior to 
 general trial court have jurisdiction to be prosecuted in all 
 courts inferior to general trial court by complaint. (Mont. 
 
 Ill 8.) 
 Style 
 
 Prosecutions to be carried on in the name of the state. (Del. IV 
 35; Kan. Ill 17; Nebr. VI 24; NJVI. VI 20.) 

 
 Index Digest 505 
 
 IRIMES (Cont'd) 
 
 Form of Accusation (Cont'd) 
 Style (Cont'd) 
 
 Prosecutions to commence " by the authority of the state of " 
 
 (Vt. II 31.) 
 
 Prosecutions to be carried on in name and by authority of the 
 
 state of (Ala. VI 170; Ind. VII 18; La. 90; Miss. VI 
 
 169; Mont. VIII 27; N.D. IV 97; Ohio IV 20; Okla. VII 19; 
 Pa. V 23; S.D. V 38; Tex. V 12; Utah VIII 18; Wis. VII 17.) 
 Prosecutions to be in the name and by the authority of the com- 
 monwealth. (Ky. 123.) 
 Prosecutions to be carried on in the name and by authority of 
 
 " the people of the state of" (Cal. VI 20; Colo. VI 30; 
 
 111. VI 33.) 
 
 Prosecutions to conclude against the peace and dignity of the 
 
 state. (Ala. VI 170; Colo. VI 30; 111. VI 33; Ky. 123; La. 
 
 90; N.D. IV 97; Pa. V 23; Tex. V 12.) 
 
 Indictments to conclude against the peace and dignity of the 
 
 state. (Ark. VII 49; Minn. VI 14; Miss. VI 169; Mo. VI 
 
 38; Ohio IV 20; S.C. V 31; Tenn. VI 12; Vt. II 31; Va. VI 
 
 106; W.Va. II 8; Wis. VII 17.) 
 
 Indictments, presentments and informations to conclude against 
 
 the peace and dignity of the state. (N.H. II 87.) 
 Indictments, informations and complaints to conclude against 
 
 the peace and dignity of the state. (Okla. VII 19.) 
 Indictments to conclude against the peace, government and dig- 
 nity of the state. (Md. IV 13.) 
 Indictments to conclude against the peace of this state, the 
 government and dignity of the same. (X.J. VIII 3.) 
 Fraud 
 
 Legislature may provide for punishment. (Ga. I Sec. II 6.) 
 Gambling, See Gambling. 
 Grand Juries, See Juries. 
 Habeas Corpus, Sec Habeas Corpus. 
 Jeopardt, See Jeopardy. 
 Jury Trial, See Juries. 
 Libel, See Libel and Slander. 
 Limitation of Actions, See Courts. 
 Local, Private or Special Laws 
 
 No person ought to be declared guilty of treason or felony by legis- 
 lature. (Vt. II 56.) 
 Crimes and misdemeanors not to be punished by local, private or 
 special law. (Ariz. IV 19; Cal. IV 25; Fla. Ill 20; Ida. Ill 19; 
 Ind. IV 22; Ky. 59; New IV 20; N.M. IV 24; Ore. IV 23; Utah 
 
 VI 26.) 
 Punishment not to be fixed by local, private or special law. (Ala. 
 
 IV 104; Va. IV 63.) 
 Not to be punished by local or special law. (Mont. V 26; N.D. II 
 
 69; Wyo. Ill 27.) 
 Lotteries, See Lotteries.
 
 506 State Constitutions 
 
 CRIMES (Cont'd) 
 
 Monopolies and Trusts, See Monopolies and Trusts. 
 Pardons 
 
 In Cases of Impeachment, See Impeachment. 
 In Cases of Treason, See Treason. 
 
 Restoration of Rights by, See above, this title, As Disqualification 
 
 or Disability. 
 Reprieves, See below, this title. Reprieves. 
 
 Commutation of Sentence, Bee above, this title, Commutation of 
 
 Sentences. 
 
 Remission of Fines, Penalties and Forfeitures, See below, this title, 
 
 Remission of Fines, Penalties and Forfeitures. 
 Suspension of Fines and Forfeitures, See below, this title, Suspen- 
 sion of Fines and Forfeitures. 
 Power Vested in Whom 
 Governor Alone 
 
 Governor may grant pardons. (Ky. 77; Md. II 20; Vt. 
 
 II 20.) 
 Same; subject, to regulations prescribed by law. (Ore. V 
 
 14.) 
 
 Pardoning power to be vested in governor under regulations 
 
 and restrictions prescribed by law. (Kan. I 7; Wash. 
 
 III 9.) 
 Governor may grant pardons after conviction. (Ark. VI 
 
 18; Miss. V 124; Tenn. Ill 6; Tex. IV 11; Va. V 73; 
 
 W.Va. VII 11.) 
 
 Same; subject to regulations prescribed by law relative to 
 manner of applying therefor. (Colo. IV 7 - ; Ga. V Sec. 
 I 12; 111. V 13; Wyo. IV 5.) 
 
 Governor may grant pardons after conviction, subject to 
 regulations prescribed by law. (Ariz. V 5; Iowa IV 16; 
 
 N.M. V 6.) 
 
 Governor may grant pardons after conviction where sen- 
 tence is for two years or less, or a fine of $200 or less, 
 subject to regulations prescribed by law relative to man- 
 ner of applying. (S.D. IV 5.) 
 
 Governor may grant pardons after conviction, but legis- 
 lature may by law create a council of officers of state, 
 without whose consent governor may not grant pardons 
 except in cases prescribed by law. (Ind. V 17.) 
 
 Governor may grant pardons after conviction, upon such 
 conditions and under such restrictions and limitations as 
 he may think proper. (Nebr. V 13; N.Y. IV 5; N.C. 
 
 Ill 6.) 
 
 Same, subject to regulations prescribed by law relative to 
 manner of applying. (Cal. VII 1; Mich. VI 9; Mo. V 8; 
 
 Ohio III 1; Wis. V 6.) 
 
 Governor may grant pardons after conviction upon such 
 conditions and under such restrictions and limitations 
 as he may think proper, subject to regulations prescribed 
 
 by law. (Okla. VI 10.)
 
 Index Digest 507 
 
 CRIMES (Cont'd) 
 
 Pardons {Cont'd) 
 
 Power Vested in Whom {Cont'd) 
 Governor Alone {Cont'd) 
 
 Neither governor nor legislature shall have power to grant 
 pardons in any case where the convict has been twice 
 convicted of a felony, unless upon the written recom- 
 mendation of a majority of the judges of the supremo 
 
 court. (Cal. VII 1.) 
 Governor may, after five years from time of offense, pardon 
 person who has participated in duel as principal, second or 
 otherwise, and restore him to all rights, privileges and im- 
 munities to which he was entitled before. (Ky. 240.) 
 
 Governor (Board Advisory Only) 
 
 Governor may, after conviction, grant pardons; board to 
 meet on call of governor and there shall be laid before 
 them all recommendations and petitions for pardon in 
 cases of felony; board to hear them in open session and 
 give opinion in writing to governor; thereupon, or if 
 board fails to advise for more than 60 days, governor 
 may grant or refuse pardon as he deems proper. (Ala. 
 
 V 124.) 
 
 Governor may grant pardons after conviction in such man- 
 ner and under such terms and such restrictions as he may 
 think proper. Every petition for pardon may be first re- 
 ferred to board of pardons to be provided by legislature 
 to hear all such petitions under rules and regulations 
 prescribed by law. Governor may adopt recommendations 
 of board, but if not, he shall submit reasons to legislature. 
 
 (S.C. IV 11.) 
 Governor with "Advice" of Board 
 
 Pardoning power to be vested in governor with " advice " 
 of council; but pardon before conviction not to be valid 
 notwithstanding anything contained in it descriptive of 
 offense intended to be pardoned. (Mass. Pt. II Ch. II 
 
 Sec. I 8; N.H. II 51.) 
 Governor on Recommendation of Board 
 
 Governor may grant pardons on recommendation in writing 
 of majority of board. (Del. VII 1; Pa. IV 9.) 
 
 Same; after conviction. (La. 70.) 
 
 Governor may grant pardons after conviction; but where 
 a sentence is capital punishment, imprisonment for life 
 or for more than two years, or a fine exceeding $200, no 
 pardon to be granted, except on recommendation in writ- 
 ing of board of pardons; subject to regulations prescribed 
 by law relative to manner of applying. (S.D. IV 5.) 
 
 Governor with Approval of Board 
 
 Governor may grant pardons, absolute or conditional, after 
 conviction; but before granting governor's action to be 
 approved by board or majority thereof. (Mont. VII 9.)
 
 508 State Constitutions 
 
 .) 
 
 CRIMES (Cont'd) 
 
 Pardons (Cont'd) 
 
 Power Vested in Whom (Cont'd) 
 
 Governor with Approval of Board (Cont'd) 
 
 Governor with advice and consent of senate exclusively to 
 exercise pardoning power to same extent as power is now 
 exercised by legislature. (K.I. Amend. II.) 
 Governor with advice and consent of council may grant 
 pardons upon such conditions and with such restrictions 
 and limitations as may be deemed proper, subject to regu- 
 lations prescribed by law relative to manner of applying. 
 
 (Me. V Pt. I 11.) 
 Governor may grant pardons after conviction, but legisla- 
 ture may by law create a council of officers of state, with- 
 out whose consent governor may not grant pardons except 
 in cases prescribed by law. (Ind. V 17.) 
 Governor "in Conjunction" with Board 
 
 Governor, " in conjunction " with board ( of which he is a 
 member), may grant pardons after conviction, subject to 
 regulations prescribed by law relative to manner of apply- 
 ing. (N.D. Ill 76.) 
 Governor, " in conjunction " with board ( of which he is a 
 member), may grant pardons after conviction; powers and 
 duties of board to be defined and regulated by law. ( Minn. 
 
 V 4.) 
 Board of Pardons (of Which Governor a Member) 
 
 Board of pardons, or majority of them, of whom governor or 
 person administering government shall be one, may grant 
 pardons after conviction. (N.J. V 10.) 
 Board of pardons, or majority, may grant pardons after con- 
 viction, either absolutely or upon conditions, subject to 
 regulations prescribed by law relative to manner of apply- 
 ing. (Ida. IV 7.) 
 Board of pardons, by majority including governor, may, upon 
 such conditions and with such limitations and restrictions 
 as they deem proper, grant pardons after conviction, sub- 
 ject to regulations prescribed by law relative to manner 
 of applying. (Fla. IV 12; Nev. V 14; Utah VII 12.) 
 Legislature 
 
 Apparently in Connecticut only the legislature may grant 
 
 pardons. (Conn. IV 10.) 
 Neither governor nor legislature shall have power to grant 
 pardons in any case where convict has been twice con- 
 victed of a felony, unless upon the written recommendation 
 of a majority of the judges of the supreme court. (Cal. 
 
 VII 1.) 
 Procedure and Regulations 
 
 Power to grant pardon to be subject to regulations prescribed by 
 law. (Ariz. V 5; Iowa IV 16; Kan. I 7; N.M. V 6; Okla. VI 
 
 10; Ore. V 4; Wash. Ill 9.)
 
 Index Digest 509 
 
 CRIMES {Cont'd) 
 
 Pa BOONS (Cont'd) 
 
 Procedure and Regulations (Cont'd) 
 
 Power to grant pardons to be subject to regulations prescribed by 
 law relative to manner of applying therefor. (Cal. VII 1 
 Colo. IV 7;. Fla. IV 12; Ga. V Sec. I 12; Ida. IV 7; 111. V 13 
 Me. V Pt. I 11; Mich. VI 9; Mo. V 8; Nebr. V 13; Nev. V 14 
 N.Y. IV 5; N.C. Ill 6; N.D. Ill 76; Ohio III 1; S.D. IV 5 
 
 Utah VII 12; Wis. V 6; Wyo. IV 5.) 
 Hearing of board required to be on " public notice ". (Pa. IV 9.) 
 No pardon to be granted except after notice of time and place 
 
 of hearing. (Utah VII 12.) 
 No pardon to be granted until previous notice of time and place 
 of hearing and relief applied for given by publication in news- 
 paper of general circulation at least once a week for four 
 weeks. (Ida. IV 7; Mont. VII 9.) 
 In cases of felony no pardon to be granted until application has 
 been published for 30 days in newspaper in county where 
 crime was committed, or if none, then in adjoining county, 
 setting forth reasons why pardon should be granted. (Miss. 
 
 V 124.) 
 
 Before granting nolle prosequi or pardon, governor to give notice 
 
 in one or more newspapers, of application therefor, and of time 
 
 on which his decision will be given. (Md. II 20.) 
 
 Legislature to prescribe sessions of board. (Ida. IV 7; Mont. 
 
 VII 9.) 
 Board to meet on call of governor. (Ala. V 124.) 
 " Full hearing" before board required. (Del. VII 1; Ida. IV 7; 
 
 Mont. VII 9; Pa. IV 9; S.D. IT 5; Utah VII 12.) 
 Sessions of board to be " open ". (Ala. V 124; Ida. IV 7; Mont. 
 
 VII 9; Pa. IV 9; S.D. IV 5; Utah VII 12.) 
 Procedure of board to be under regulation prescribed by law. 
 
 (Ida, IV 7; Mont, VII 9; S.C. IV 11.) 
 Powers and duties of board to be defined and regulated by law. 
 
 (Minn. V 4.) 
 Board's opinion to be in writing. (Ala. V 124; Del. VII 1; 
 
 La. 70; Pa. IV 9; S.D. IV 5.) 
 After recommendations of board filed in office of secretary of 
 state, latter to notify governor forthwith. (Del. VII 1.) 
 
 Composition of Board of Pardons 
 
 Governor or person administering government, chancellor and six 
 
 judges of highest court. (N.J. V 10.) 
 Governor, justices of highest court and attorney-general. (Nev. 
 
 V 14.) 
 Governor, justices of highest court and attorney-general, until 
 
 otherwise provided by law. (Utah VII 12.) 
 Governor, secretary of state and attorney -general. (Ida. IV 7.) 
 Governor, secretary of state, comptroller, attorney-general and 
 
 commissioner of agriculture. (Fla. IV 12.)
 
 510 State Constitutions 
 
 CRIMES (Cont'd) 
 
 Pardoxs (Cont'd) 
 
 Composition of Board of Pardons (Cont'd) 
 
 Governor, attorney-general and chief justice of highest court. 
 
 (Minn. V 4.) 
 
 Governor, attorney-general, chief justice of highest court and 
 
 two qualified electors appointed by governor. (X.D. Ill 76.) 
 
 Chancellor, lieutenant-governor, secretary of state, treasurer and 
 
 auditor; may require information from attorney-general on any 
 
 subject relating to duties of the board. (Del. VII 2, 3.) 
 
 Lieutenant-governor, attorney-general and presiding judge of 
 
 court in which conviction had. (La. 70.) 
 Lieutenant-governor, secretary of state, attorney-general and sec- 
 retary of internal affairs. (Pa. IV 9.) 
 Attorney-general, secretary of state and auditor. (Ala. V 124; 
 
 Mont. VII 9. ) 
 Presiding judge, secretary of state and attorney-general. (S.D. 
 
 IV 5.) 
 Senate. (E.I. Amend. II.) 
 
 Governor's council. (Mass. Pt, II Ch. II Sec. I 8; Me. V Pt. I 
 
 11; N.H. II 51.) 
 To be provided by legislature. (Ind. V 17; S.C. IV 11.) 
 Report of Action 
 
 Governor to file with each application for pardon a statement 
 of reasons for his .decision thereon, to be open to public in- 
 spection. (Ky. 77.) 
 Reasons of governor for rejecting recommendations of board to 
 
 be submitted to legislature. (S.C. IV 11.) 
 In all cases of pardons governor shall file in office of secretary 
 , of state his reasons therefor. (Tex. IV 11.) 
 Recommendations of board, with reasons, to be filed in office of 
 
 secretary of state. (Del. VII 1; Pa. IV 9; S.D. IV 5.) 
 Proceedings and decisions of board, with reasons in each case, 
 together with dissent of any member disagreeing, to be reduced 
 to writing and filed, with papers used upon hearing, in office 
 of secretary of state. (Utah MI 12.)' 
 Same; adds "signed by him" after "disagreeing". (Ida. IV 7; 
 
 Mont. VII 9.) 
 Governor to report to either house whenever required, petitions, 
 recommendations a.nd reasons which influenced his decisions 
 in case of pardon granted. (Md. II 20.) 
 Governor to keep record in writing of grounds of all pardons to 
 be entered in register and laid before legislature at next ses- 
 sion. (Del. VII 1.) 
 Governor to send to legislature at first session, transcript of the 
 petition or proceedings, and reason for his action, in cases of 
 exercise of power to grant pardons. (Colo. IV 7.) 
 Governor to report to legislature at next meeting each case of 
 
 pardon gralited. (Ind. V 17; Iowa IV 16.) 
 Governor to report to legislature at next session all pardons 
 granted with report of board of pardons. (S.C. IV 11.)
 
 Index Digest 5 1 1 
 
 CRIMES {Cont'd) 
 
 Pardons (Cont'd) 
 
 Report of Action (Cont'd) 
 
 (Governor to report to legislature at next meeting each case of 
 pardon granted and reasons for granting. (Ore. V 14; Wash. 
 
 Ill 11.) 
 
 Governor annually to communicate to legislature each case of 
 pardon granted, stating name of convict, crime for which con- 
 victed, sentence, its date and date of pardon. (X.Y. IV 5.) 
 
 Same; adds "with reasons therefor". (Wis. V 6.) 
 
 Governor to communicate to legislature at beginning of every 
 session each case of pardon granted, stating name of convict, 
 crime for which convicted, sentence, its date and date of 
 
 pardon. (Fla. IV 11; Nev. V 13.) 
 
 Same; adds "reasons for granting". (Cal. VII 1.) 
 
 Governor to report to legislature at each session each case of 
 pardon granted, and reasons therefor. (Mich. VI 9.) 
 
 Governor to communicate to legislature at each session particu- 
 lars of every pardon granted, with reasons therefor. ( Va. V 
 
 73; W.Va. VII 11.) 
 
 Governor to communicate to legislature at each session every 
 pardon with reasons therefor, and opinion of board of pardons 
 in each case, stating name and crime of convict, sentence, its 
 date and date of pardon. (Ala. V 124.) 
 
 Governor to communicate to legislature at each session each case 
 of pardon granted, stating name of convict, crime of which con- 
 victed, sentence, its date, date of pardon and conditions upon 
 which granted. (Me. V Pt, I 11.) 
 
 Governor to communicate to legislature at each session each case 
 of pardon granted, stating name of convict, offense for which 
 convicted, sentence, its date, date of pardon and reasons for 
 granting. (Ga. V Sec. I 12; Mo. V 8.) 
 
 Governor to communicate to legislature at each regular session 
 each case of pardon, stating name and crime of convict, 
 sentence, its date and date of pardon. (Nebr. V 13.) 
 
 Governor to communicate to legislature at each regular session 
 each case of pardon granted, stating name of convict, crime of 
 which convicted, date and place of conviction and date of 
 
 pardon. (Okla. VI 10.) 
 
 Governor to communicate to legislature at each regular session 
 each case of pardon granted, stating name of convict, crime for 
 which convicted, sentence, its date, date of pardon, with rea- 
 sons for granting. (Ark. VI 18; N.D. Ill 76; Ohio III 11; 
 
 S.D. IV 5; Wyo. IV 5.) 
 
 Same; adds "and objection, if any, of any member of board". 
 (Ida. IV 7; Mont, VII 9; Utah VII 12.) 
 
 Governor biennially to communicate to legislature each case of 
 pardon granted, stating name of convict, crime for which con- 
 victed, sentence, its date, date of pardon and reasons therefor. 
 
 (N.C. Ill 6.)
 
 f> 12 
 
 Stai D < lONSTTTUtlONfl 
 
 CRIMES {Cont'd) 
 
 I'AICOI I B| 
 
 Governor may aftoi conviction grant paroleij board of pardoni t<> 
 
 niril mi cull of gOVOmoi mid IImii' hIiiiII lie liuil liefon- IIhiii nil 
 
 i ii umiiH'iulii i iiiiiii iiml petition ■ loi piiiulc in cases of felony; board 
 in hear them in open session and give opinion in writing in 
 governor) thereupon, or >i board imi < in advise for more Mum 
 00 < 1 1 1 y n , govornor may grant "i refuse parole um be doemi 
 propel ; governor to communicate to legislature lit each session 
 every parole granted with reasons therefor, snd opinion <>f board 
 nf pardoni In each cane, stating name n ■ ■ < I crime of convict, (ten* 
 ii'iiir, i in date, iiml data <>r parolo j ai to composition <>f bomd uf 
 pardoni, Bee above, thlt title, Pardons. (Mu. V 124.) 
 Governor may grant pnroleit uftei oonvictlon, upon such condition^ 
 iiml wiili such rostrlctioni iiml limitations as he may deem proper, 
 subject i" regulations prescribed by law; governor nlmll communi 
 ciiif in legislature, al aaeli regular session, each case of pa roll 
 grunted, hIhIui^ name of convict, crime of which he was convicted, 
 date and place of conviction nud date of par old (Okla. VI 10.) 
 I'oi.yiiamv, Bee Polygam v. 
 
 i'icii.imin akv Examinations, Bee Courts Trials. 
 Prisons, Bee Penal Institutions. 
 
 PUNISH MKNT 
 
 Pardoni, Bee obovii ttyit ttii>-. Pardons. 
 
 Raprltvif, Bee below, thit title, Reprieves. 
 
 Coiiiiniii.il mu di Stntoncii, See above, this title, Commutation ok 
 
 SKNTRNOSIi 
 RimllliOB <>l Fines, Penalties and Forfeitures, Keo below, Huh titld 
 
 REMISSION OF PlNBS, PENALTIES ainii FORFEITURES. 
 SuipiQliOO <>l Pis II anil Km In I men, 000 below, this title, SUHPKN" 
 
 moN of Pines anh Forfeitures 
 njii lira in Oinaral 
 
 Legislature to grade nil misdemeanors and minor offenses ngalnil 
 state and fix minimum and maximum penalties therefor. (I.h. 
 
 159.) 
 
 Death, Imprisonment wild or without hard labor, lines, removil 
 
 from office, and disqualification to hold mnl enjoy oillee of 
 
 honor, truft or | > ■ < > i i t under state, to be only puniHhmenl 
 
 known to laws of state, (N.c. \i i.) 
 
 Municipal ordinance nol to •i 1 ' penalty for violation thereof nt 
 
 leis tliiin l Imi Imposed by statute for same offense, (Kv. 1(18.) 
 
 Penalties to be proportioned to nature of the ufjTcnsc, (ill. II 1 1 ; 
 
 imi. I III, Nil... I 10 1 OrS. I HI; W.Vn. Ill B.) 
 
 Penalties mnl punishments to be proportioned i<> nature of 
 
 offense. ( Me. I Di) 
 Penalties oughl to !'«• proportioned l<> nature of offense. (N " 
 
 1 IS; U.I. I 8.) 
 
 inii'M lo in- proportioned to offenses. (\'i ii 81.) 
 
 I.nw i I'm | ilinienl In lie founded <>n principles of reformatlol 
 
 mnl pi event Ion ( Mont. 1 1 1 B > i
 
 I \hl'\ I M.. ! \A'T &18 
 
 crimks [Cont'd) 
 
 Punishment ( ( 'ont'd i 
 
 Nal ura la Genera] I ' 'ont'd) 
 
 IVlllll I'llll 1 Id III' I'lilllH'll nil 1 1 I I 1 1 I M M I ' |H III. I jili I ill I I'll II 11)11 I lull 
 
 illlil Jiri'M'nl inn. ( \\ \ ii. I 15. J 
 
 Punishments in be founded mi prlnoiphis ol rofortnation not 
 
 vindictive jAitice; (N.H. 1 18; <><<• I 15 I 
 I'lii'il oude <<> be founded on priDciplos ol reformation nol vln 
 
 ilh'l 1\ r Jlisl nv. ( lllil. I IN. i 
 
 Excessive fines prbhtblVod. (Ala, I i.>, M'la, n i.,, \\i n 0; 
 Cal. I 8j <"l". ii 20; Cohnl I IS; Deli Mlj Pla D.P 8j Qa. I 
 
 N,v. | II; liln. I (i; I ml. I III, I.iwm II,"; Kan. I : R 9) Kj I" 
 la. 1-J; Mr I 9) Mil. U.K. 26) Miihh. I'l I 26 1 Ah.li II 15) 
 
 Miss, 1 1 1 28; Mo. t] 25; Mont, tl I 20; Nobr, I 9j Nev, I Q; 
 
 Nil. I 381; N..I. I I.'.; N.M. II 1,1; N.Y. I !<■ N ( '. I II; N D 
 
 I i;, ohi,. I 9| »»Kia II 9; <»'r I L6j Pa. I I8j K I. I 8; 8.0. 
 I 19; $.D. l\ 28| ivnn. I id; Tea I i'i; Utah I 9; \ a. I 9; 
 
 Wash. IN; \V\ a. Ill :,. \\ 1 1 I 6; V\ \<>. I 1 I ) 
 
 ,\ii flno to i"' laid on anj citizen u( qiatc thai shall sxcood $50 
 
 unless assessed by juxj ol bis poei i at I i they find ii"' fact, 
 
 if i.iii'v iiniiu Mir i i 1 1 . should I"- more Limn $50 (Tenn. VI i i i 
 l imI.'Imi 1 1 c ini|ii iiiniiiiii'iii I'l nliiiiiiril. (Via. D.R, 8.) 
 1 1 . a 1 1 1 ii a 1 1 .ii' persons under arrest, 8e* (ihove, this title, Arbesi 
 Troatrnent o{ persons in prh Set P» ia£ Institutions 
 
 Piuspiss I.NM.VII 
 
 Cnj>ii:ii Punishmenl 
 
 M.iiiiaiii'ii ; ma \ iniiiiii punishment iii be life Impi I sonmenl , pro 
 
 \ i i. hi in be sell execul tng (Ore I 36 i 1014) . ) 
 " Murder, arson, burglar j and. rape, and these only, maj be 
 punishable with death ", ii logl ilaturc " shall so enact ". ( N.< '. 
 
 \l ! 
 Rule thai laws For punishmenl should bo founded on principle! 
 uf reformation and prevention nbl i" uffecl powoi ,>i logisls 
 I iiic in provide fo! capital punishment, (Mont. Ml 24.) 
 
 Corporal Punishmenl 
 
 Prohil I. (S.O. I 10 ) 
 
 Whipping as punishmenl I"i crime prohibited. (Ou I Sec I 7.) 
 No person to !>'• subject to, undei military law) oxoopl such as 
 are employed in army <>r navy, or in militia when In actual 
 service In time of wai oi public danger, (Ma, i 14.0 
 
 Corruption «>i Wood 
 
 N'u conviction bo whrk. ('Ala. I I9 1 ; An/ n 16; Oolo II 9| 
 <;.,. i Set, ii :!-, in n 1 1 •, [rid. i Sfcf; Kan, B R 12 1 Md D R 
 •; , Minn. I 1 1 •. Mo. II i:i; Mont: Ml 0; Nebr, i I5j Ohio [12; 
 Okla. II I.'-; Ore, i •.'.'., 8.0 I 8i Tenri i I !; Tex, I !1 . Wa th 
 I l;,; \V .Vn. Ml I8i Wis: I I ' i 
 A e i" <i 1 1 ni int< i , ,v< e AiTAi.MH i. 
 i /,, // eason, 8< < Tbbsason, 
 
 17
 
 514 State Constitutions 
 
 CRIMES (Cont'd) 
 
 Punishment (Cont'd) 
 Cruel or Unusual 
 
 Prohibited. (Ala. I 15; Ariz. II 15; Ark. II 9; Cal. I 6; Colo. 
 II 20; Fla. D.R. 8; Ga. I Sec. I 9; Ida. I 6; Ind. I 16; Iowa 
 I 17; Kan. B.R. 9; La. 12; Me. I 9; Mich. II 15; Minn. I 5; 
 Miss. Ill 28; Mo. II 25; Mont. Ill 20; Nebr. I 9; Nev. I 6; 
 N.J. I 15; N.M. II 13; N.Y. I 5; N.C. I 14; N.D. I 6; Ohio 
 I 9; Okla. II 9; Ore. I 16; S.C. I 19; Tenn. I 16; Tex. I 13; 
 Utah I 9; W.Va. Ill 5; Wis. I 6.) 
 Ought not to be inflicted. ( Va. I 9. ) 
 
 Ought not to be inflicted by courts of law. (Md. D.R. 25.) 
 Not to be inflicted by magistrates or courts of law. (Mass. Pt. I 
 
 26; N.H. I 33.) 
 Cruel and unlawful punishment not to be inflicted. (Wyo. I 14.) 
 Cruel punishments not to be inflicted. (Del. I 11; Ky. 17; Pa. I 
 
 13; R.I. I 8; S.D. VI 23; Wash. I 14.) 
 Sanguinary, See beloic, this subdivision, Sanguinary Laws. 
 
 Exclusion from State 
 
 No citizen to be exiled. (Ala. I 30.) 
 
 No person to be exiled from state. (Ark. II 21.) 
 
 Same; as punishment for crime. (Ga. I Sec. I 7.) 
 
 No person to be exiled, but by judgment of peers or law of the 
 
 land. (Md. D.R. 23; Mass. Pt. I 12; N.H. I 5; Tenn. I 8.) 
 Same; omits "judgment of his peers". (N.C. I 17.) 
 No person to be transported from state for offense committed 
 within state. (111. II 11; Kan. B.R. 12; Nebr. I 15; Ohio I 
 
 12; Tex. I 20.) 
 No person to be liable to be transported out of state for offense 
 
 committed within state. (Vt. I 21.) 
 No person to be transported out of or forced to leave state for 
 
 offense committed within same. (W.Va. Ill 5.) 
 No person to be transported out of state for any offense com- 
 mitted within state, nor transported out of state for any pur- 
 pose, without his consent, except by due process of law; but 
 this not to prevent operation of extradition laws or trans- 
 porting of persons sentenced for crime to other states for pur- 
 pose of incarceration. (Okla. II 29.) 
 
 Forfeiture of Estate 
 
 No conviction to work forfeiture of estate. (Ala. I 19; Ariz. II 
 
 16; Colo. II 9; Ga. I Sec. II 3; 111. II 11; Ind. I 30; Kan. 
 
 B.R. 12; Md. D.R. 27; Minn. I 11; Mo. II 13; Mont. Ill 9; 
 
 Nebr. I 15; Ohio I 12; Ore. I 25; S.C. I 8; Tenn. I 12; Tex. I 
 
 21; Wash. I 15; W.Va. Ill 18; Wis. I 12.) 
 Same; but this not to prohibit fines. (Okla. II 15.) 
 In case of death by accident, Bee Death. 
 As to attainder, See Attainder. 
 As to treason, See Treason.
 
 Index Digest 515 
 
 CRIMES (Cont'd) 
 
 Punishment (Cont'd) 
 
 Indeterminate Sentences 
 
 Legislature may provide by law for indeterminate sentences and 
 for detention or release of persons imprisoned or detained on 
 said sentence. (Mich. V 28.) 
 " Indefinite imprisonment " not allowed. (Fla. D.R. 8.) 
 Labor of Convicts, See Convict Labor. 
 
 Local, Private or Special Laws, See above, this title, Local, Private 
 
 or Special Laws. 
 Outlawry 
 
 No citizen shall be outlawed. (Tex. I 20.) 
 
 No person to be outlawed but by law of the land. (N.C. I 17.) 
 Same; adds "or by judgment of his peers". (Ark. II 21; Md. 
 D.R. 23; Mass. Pt. I 12; N.H. I 15; Tenn. I S.) 
 Sanguinary Laws 
 
 See also above, this subdivision, Cruel or Unusual. 
 Prohibited. I Me. I 9.) 
 
 Ought to be avoided as far as consistent with safety of state. 
 
 (Md.' D.R. 16.) 
 A multitude of sanguinary laws is both impolitic and unjust. 
 
 (N.H. I 18.) 
 Remission of Fines, Penalties and Forfeitures 
 
 See also above, this title, Commutation of Sentences. 
 In Case of Treason, See Treason. 
 
 Suspension of Fines and Forfeitures, See beloic, this title, Suspen- 
 sion of Fines and Forfeitures. 
 Pardons, See above, this title, Pardons. 
 Reprieves, See below, this title, Reprieves. 
 Power Vested in Whom 
 Governor Alone 
 
 Governor may remit fines. (Miss. V 124; Vt. II 20.) 
 Governor may remit fines and forfeitures. (Del. VII 1; 
 
 Ky. 77; Pa. IV 9.) 
 Governor may remit fines and forfeitures unless otherwise 
 
 directed by law. (S.C. IV 11.) 
 Governor may remit fines and forfeitures, but shall not 
 remit principal or interest of any debt due the state 
 except in cases of fines and forfeitures. (Md. II 20.) 
 Governor may remit fines and forfeitures under regulations 
 prescribed by law. (Ala. V 124; Ark. VI 18; Ind. V 17; 
 % Iowa IV 16; Ore. V 14; Tex. IV 11; Wash. Ill 11.) 
 
 Governor may remit fines and penalties in such cases and 
 under such regulations as prescribed by law. (Va. V 73; 
 
 W.Va. VII 11.) 
 Governor may " commute penalties and remit any part of 
 
 sentence" after conviction. (Ga. V Sec. I 12.) 
 Governor may remit fines and forfeitures after conviction, 
 subject to regulations prescribed by law as to manner of 
 making application. (Wyo. IV 5.)
 
 516 State Constitutions 
 
 CRIMES [Cont'd) 
 
 Remission of Fines, Penalties and Forfeitubes (Cont'd) 
 Power Vested in Whom (Cont'd) 
 Governor Alone (Cont'd) 
 
 Governor may remit fines and forfeitures after conviction 
 if $200 or less, subject to regulations prescribed by law 
 relative to manner of making application therefor. (S.D. 
 
 IV 5.) 
 Governor on Recommendation of Board 
 
 Governor may remit fines and forfeitures after conviction on 
 recommendation in writing of majority of board. (La. 
 
 70.) 
 Governor may remit fines and forfeitures after conviction, 
 but where fine exceeds $200 not to be remitted except on 
 recommendation in writing of board, subject to regulations 
 prescribed by law relative to manner of making applica- 
 tion. (S.D. IV 5.) 
 Governor loith Approval of Board 
 
 Governor may remit fines and forfeitures, " for offenses 
 against criminal laws of state ", after conviction, but 
 action to be approved by board or majority thereof. 
 
 (Mont. VII 9.) 
 
 Governor with advice and consent of council may remit, after 
 
 conviction, all forfeitures and penalties. (Me. V Pt. I 11.) 
 
 Governor may, with consent of senate, remit forfeitures. 
 
 (Miss. V 124.) 
 Governor " in Conjunction " with Board 
 
 Governor, in conjunction with board (of which he is a mem- 
 ber), may remit fines and forfeitures after conviction, sub- 
 ject to regulations prescribed by law as to manner of mak- 
 ing application. (N.D. Ill 76.) 
 
 Board of Pardons (of Which Governor a Member) 
 
 Board of pardons, or majority, may remit fines and for- 
 feitures after conviction, either absolutely or on condi- 
 tions; subject to regulations prescribed by law relative to 
 manner of making application. (Ida. IV 7.) 
 Board of pardons, by majority, including governor, may, 
 upon such conditions and under such limitations and re- 
 strictions as they deem proper, remit fines and forfeitures 
 after conviction. (Fla. IV 12; Nev. V 14; Utah VII 12.) 
 Board of pardons, or majority of them, of whom governor or 
 person administering government shall be one, ma| remit 
 fines and forfeitures after conviction. (X.J. V 10.) 
 
 Legislature 
 
 Fine, penaltv or judgment against officer not to be remitted 
 
 by law. (N.M. IV 25.) 
 
 Local, Private or Special Law 
 
 Fines, penalties or forfeitures not to be remitted by local, pri- 
 vate or special law. (Ala. IV 104; Ariz. IV 19; Cal. IV 25;
 
 Index Digest 517 
 
 CRIMES (Cont'd) 
 
 Remission of Fines, Penalties and Forfeitures {Cont'd) 
 Local, Private or Special Law (Cont'd) 
 
 Colo. V 25; Ida. Ill 19; 111. IV 22; Ky. 59; La. 4S; Minn. IV 
 33; Mo. IV 53; Mont. V 26; X.M. IV 24; N.D. II 69; Okla. 
 V 46; Pa. Ill 7; S.D. Ill 23; Tex. Ill 56; Utah VI 26; Wash. 
 
 II 2S; W.Va. VI 39; Wyo. Ill 27.) 
 Title to forfeited lands not to be released by local or special 
 
 law. (W.Va. VI 39.) 
 
 Composition of Board of Pardons, See above, this title, Pardons. 
 
 Procedure and Regulations 
 
 Power to remit to be subject to regulations prescribed by law. 
 (Ala. V 124; Ark. VI 18; Ind. V 17; Iowa IV 16; Ore. V 14; 
 S.C. IV 11; Tex. IV 11; Va. V 73; Wash. Ill 11; W.Va. VII 
 
 11.) 
 
 Power to remit to be subject to regulations prescribed by law 
 relative to manner of making application therefor. (Ida. IV 
 7; N.D. Ill 76; S.D. IV 5; Wyo. IV 5.) 
 
 No fine or forfeiture to be remitted except after full hearing 
 before the board in open session after notice of time and place 
 
 of hearing. (Utah VII 12.) 
 
 Legislature to prescribe sessions of board and regulate proceed- 
 ings, but no fine or forfeiture to be remitted except by decision 
 of majority after full hearing and open session, and until pre- 
 vious notice of time and place of hearing and relief applied 
 for given by publication in newspaper of general circulation 
 at least once a week for four weeks. (Ida. IV 7; Mont. VII 9.) 
 
 Recommendation of board to be in writing. (La. 70.) 
 
 Report of Action 
 
 Governor to file with each application for remission of fines and 
 forfeitures, a statement of reasons for his decision thereon, to 
 be open to public inspection. (Ky. 77.) 
 
 In all cases of remission of fines and forfeitures, governor shall 
 file in office of secretarv of state his reasons therefor. (Tex. 
 
 IV 11.) 
 
 Recommendations of board of pardons, with reasons, to be filed 
 in office of secretary of state. (S.D. IV 5.) 
 
 Proceedings and decisions of board, with reasons in each case, 
 together with dissent of any member disagreeing, to be re- 
 duced to writing and filed, with papers used upon hearing, in 
 office of secretary of state. (L T tah VII 12.) 
 
 Same; adds "signed by him" after "disagreeing". (Ida. IV 7; 
 
 Mont. VII 9.) 
 
 Governor to report to either house whenever required, petitions, 
 recommendations and reasons which influenced his decisions in 
 case of remission of fines and forfeitures. (Md. TI 20.) 
 
 Governor to keep record in writing of grounds of all remissions 
 to be entered in register and laid before legislature at next 
 
 session. (Del. VII 1.)
 
 518 State Constitutions 
 
 CRIMES (Cont'd) 
 
 Remission of Fines, Penalties and Forfeitures (Cont'd) 
 Report of Action (Cont'd) 
 
 Governor to report to legislature at next meeting names of all 
 persons in whose favor remission of fines and forfeitures have 
 been made and amounts remitted. (Ind. V 17; Iowa IV 16; 
 
 Ore. V 14.) 
 Same; adds " with reasons "-. (Wash. Ill 11.) 
 Governor to communicate to legislature at beginning of every 
 session each case of fine and forfeiture remitted, stating name 
 of convict, crime for which convicted, sentence, its date and 
 date of remission. (Fla. IV 11; Nev. V 13.) 
 Governor to communicate to legislature at each session, particu- 
 lars of every case of fine or penalty remitted, with reasons 
 therefor. (Va. V 73; W.Va. VII 11.) 
 Governor to communicate to legislature at each session every 
 remission of fines and forfeitures, stating name and crime of 
 convict, sentence and its date. (Ala. V 124. ) 
 Governor to communicate to legislature at each session, each 
 case of remission of jjenalty granted, stating name of convict, 
 crime of which convicted, sentence and its date, and date of 
 remission and conditions upon which granted. (Me. V Pt. 
 
 I 11.) 
 
 Governor to communicate to legislature at each regular session 
 
 each case of remission of fine or forfeiture, stating name of 
 
 convict, crime for which convicted, sentence, its date, date of 
 
 remission, with reasons for granting. (N".D. Ill 76; S.D. IV 
 
 5; Wyo. IV 5.) 
 Same; adds "and objections, if any, of any member of board". 
 (Ida. IV 7; Mont. VII 9; Utah VII 12.) 
 Repeal or Amendment of Law, Effect of, See Laws. 
 Reprieves 
 
 In Cases of Impeachment, See Impeachment. 
 In Cases of Treason, See Treason. 
 
 Suspension of Fines and Forfeitures, See oelow, this title, Suspen- 
 sion of Fines' and Forfeitures. 
 Power to Grant 
 
 Governor may grant reprieves. (Ky. 77; La. 70; Md. II 20; 
 
 Miss. V 124; Pa. IV 9.) 
 Governor may grant reprieves, subject to regulations prescribed 
 
 by law. (Ore. V 14.) 
 Governor may grant reprieves after conviction. (Ala. V 124; 
 Ark. VI 18; Colo. IV 7; Ga. V Sec. I 12; Mont. VII 9; Tenn. 
 Ill 6; Tex. IV 11; Va. V 73; W.Va. VII 11.) 
 Governor may grant reprieves after conviction, subject to regu- 
 lations prescribed by law. (Ariz. V 5; Ind. V 17; Iowa IV 16; 
 
 KM. V 6.) 
 Governor may grant reprieves after conviction, subject to regu- 
 lations prescribed by law relative to manner of applying there- 
 for. (111. V 13; S.D. IV 5; Wyo. IV 5.)
 
 Index Digest 519 
 
 CRIMES (Cont'd) 
 
 Reprieves (Cont'd) 
 
 Power to Grant (Cont'd) 
 
 Governor may grant reprieves after conviction, upon such con- 
 ditions and under such restrictions and limitations as he may 
 think proper. (Cal. VII 1; Mich. VI 9; Mo. V 8; Nebr. V 
 13; N.Y. IV 5; N.C. Ill 6; Ohio III 1; S.C. IV 11; Wis. V 6.) 
 Same; adds "subject to regulations prescribed by law". (Okla. 
 
 VI 10.) 
 Governor may grant reprieves for not exceeding 60 days. (Fla. 
 
 IV 11.) 
 Governor may grant reprieves for not exceeding 60 days after 
 # conviction. (Xev. V 13.) 
 
 Governor or person administering government may grant re- 
 prieves not exceeding 90 days after conviction. (N.J. V 9.) 
 Governor may grant reprieves after conviction until end of next 
 
 session of legislature. (Conn. IV 10; R.I. VII 4.) 
 Governor may grant reprieves, but no reprieve for more than six 
 months to be granted except on recommendation in writing of 
 majority of board of pardons after full hearing; and such 
 recommendations with reasons therefor to be filed and recorded 
 in office of secretary of state who forthwith notifies governor. 
 
 (Del. VII 1.) 
 Governor may grant reprieves not to extend beyond next session 
 of board of pardons and board to continue or determine re- 
 prieve, or may commute punishment or pardon offense. (Ida. 
 
 IV 7; Utah VII 12.) 
 Governor, " in conjunction " with board of pardons (of which he 
 is a member), may grant reprieves after conviction, subject to 
 regulations prescribed by law as to manner of making applica- 
 tion. (N.D. Ill 76.) 
 Governor, " in conjunction " with board of pardons (of which he 
 is a member), may grant reprieves after conviction; powers 
 and duties of board to be denned and regulated by law. ( Minn. 
 
 V4.) 
 Governor, with advice and consent of council, may grant reprieves 
 upon such conditions and with such restrictions and limita- 
 tions as may be deemed proper. (Me. V Pt. 111.) 
 Composition of Board of Pardons, See above, this title, Pardons. 
 Report of Action 
 
 Governor to file with each application for reprieve a statement 
 of reasons for his decision thereon, to be open to public inspec- 
 tion. (Ky. 77.) 
 In all cases of reprieves governor to file in office of secretary of 
 
 state his reasons therefor. (Tex. IV 11.) 
 Recommendations of board of pardons with reasons to be filed in 
 
 office of secretary of state. (Del. VII 1.) 
 Governor to report to either house whenever required, petitions, 
 recommendations and reasons which influenced his decisions 
 in case of reprieve granted. (Md. II 20.)
 
 520 State Consthttiuns 
 
 CRIMES (Cont'd) 
 
 Reprieves ( Cont'd ) , 
 
 Report of Action {Cont'd) 
 
 Governor to keep record in writing of grounds of all reprieves to 
 be entered in register and laid before legislature at next ses- 
 sion. (Del. VII 1.) 
 
 Governor to send to legislature at first session, transcript of the 
 petition or proceedings, and reasons for his action, in case 
 of exercise of power to grant reprieves. (Colo. IV 7.) 
 
 Governor to report to legislature at next meeting each case of 
 reprieve granted. (Ind. V 17; Iowa IV 16.) 
 
 Same; adds "and reasons for granting". (Ore. V 14; Wash. 
 
 Ill M.) 
 
 Governor annually to communicate to legislature each case of 
 reprieve granted, stating name of convict, crime for which 
 convicted, sentence, its date and date of reprieve. (X.Y. IV 5.) 
 
 Same; adds " with reasons therefor ". (Wis. V 6.) 
 
 Governor to communicate to legislature at beginning of every 
 session each case of reprieve granted, stating name of convict, 
 crime for which convicted, sentence, its date and date of re- 
 prieve. (Fla. IV 11: Xev. V 13.) 
 
 Same; adds "and reasons for granting". (Cal. VII 1.) 
 
 Governor to report to legislature at each session each case of 
 reprieve granted and reasons therefor. (Mich. VI 9.) 
 
 Governor to communicate to legislature at each session particu- 
 lars of every reprieve granted, with reasons therefor. (Va. 
 
 V 73; W.Va. VII 11.) 
 
 Governor to communicate to legislature at each session each 
 case of reprieve granted, stating name' of convict, crime for 
 Avhich convicted, sentence, its date, date of reprieve and con- 
 ditions upon which granted. (Me. V Pt. I 11.) 
 
 Governor to communicate to legislature at each session each 
 case of reprieve granted, stating name of convict, offense for 
 which convicted, sentence, its date, date of reprieve and rea- 
 sons for granting. (Ala. V 124; Ga. V Sec. I 12: Mo. V S.) 
 
 Governor to communicate to legislature at every regular session 
 each case of reprieve, stating name and crime of convict, sen- 
 tence, its date, and date of reprieve. (Xebr. V 13.) 
 
 Governor to communicate to legislature, at each regular session, 
 each case of reprieve granted, stating name of convict, crime 
 for which convicted, date and place of conviction and date of 
 reprieve. (Okla. VI 10.) 
 
 Governor to communicate to legislature at each regular session 
 each case of reprieve granted) stating name of convict, crime 
 for which convicted, sentence, its date, date of reprieve, with 
 reasons for granting. (Ark. VI 18; X.D. Ill 76: Ohio III 
 11; S.D. IV 5; Wyo. IV 5.) 
 
 Same; adds "and objection, if any, of any member of board". 
 (Ida. IV 7; Mont. VII 0; Utah VII 12.)
 
 Index Digest 52 L 
 
 CRIMES (Cont'd t 
 
 Reprieves [Cont'd) 
 
 Report of Action (Cont'd) 
 
 Governor biennially to communicate to legislature each case of 
 reprieve granted, stating name of convict, crime for which 
 convicted, sentence, its date, date of reprieve and reasons 
 therefor. (N.C. Ill 6.) 
 Rights of Accused 
 
 See also throughout this title. 
 In General 
 
 s,r oj.so Life, Liberty and Property. 
 
 Accused not to be deprived of life, liberty or property, except 
 
 by due process of law. (Ala. I 6.) 
 Same ; '* course " instead of v process ". ( Conn. I 9. ) 
 Accused not to be deprived of life, liberty or property, except by 
 judgment of his peers or by the law of the land. (Del. I 7; 
 Ky. 11; Pa. I 9; R.I. I 10.) 
 Same; adds "or privileges" after '"property". (Me. I 6.) 
 No person to be arrested, detained or punished, except in cases 
 
 clearly warranted by law. (Conn. I 10.) 
 No person to be held to answer for criminal offense without due 
 
 process of law. (Minn. I 7; Wis. I 8.) 
 No person to be accused except in cases ascertained by law, and 
 according to form of law. (Ala. I 7.) 
 To See Counsel 
 
 In capital cases accused has right to see counsel at proper sea- 
 sons. (Del. I 12.) 
 Right to counsel. See Courts — Counsel, Right to. 
 To See Friends 
 
 In capital cases accused has right to see friends at proper sea- 
 sons. (Del. I 12.) 
 To Know Accusation 
 
 Right of accused confirmed. (Ala. I 6; Ariz. II 24; Ark. II 
 10; Colo. II 16; Conn. I 9 ; Del. I 7 ; Fla. D.R. 11; 111. II 9; 
 Ind. I 13; Iowa I 10; Kan. B.R. 10; Ky. 11; La. 10; Me. I 6; 
 Md. D.R. 21; Mass. Pt. I 12; Mich. II 19; Minn. I 6; Miss. 
 Ill 26; Mo. II 22; Mont. Ill 16; Nebr. I 11; N.H. I 15; N.J. 
 I S; N.M. II 14; N.C. I 11; Ohio I 10; Okla. II 20; Ore. I 
 11; Pa. I 9; R.I. I 10; S.C. I 18; S.D. VI 7; Tenn. I 9; Tex. 
 
 I 10; Utah I 12; Vt. I 10; Va. I 8; Wash. I 22; W.Va. Ill 
 14; Wis. I 7; Wyo. I 10.) 
 
 Accused to have copy of charge. (Ala. I 6; Ariz. II 24; Ark. 
 
 II 10; Fla. D.R. li; Ga. I Sec. I 5; 111. II 9; Ind. I 13; Iowa 
 I 10: Me. I 6; Md. D.R. 21; Nebr. I 11: Ohio I 10; Okla. II 
 20; Ore. I 11; S.D. VI 7; Tenn. I 9; Tex. I 10; Utah I 12; 
 
 W T ash. I 22; Wyo. I 10.) 
 In criminal prosecutions every man to have copy of charge in 
 
 due time to prepare for defense. (Md. D.R. 21. i 
 Accused to have copy of charge and testimony interpreted to Mm 
 
 in language he understands. (X.M. II 14.)
 
 522 State Constitutions 
 
 CRIMES (Cont'd) 
 
 Rights of Accused (Cont'd) 
 To Secure Evidence 
 
 Accused has right in all criminal prosecutions to compulsory 
 process to obtain witnesses in his favor. (Ala. 1 6'; Ariz. II 
 24; Ark. II 10; Cal. I 13; Colo. II 16; Conn. I 9; Fla. D.R. 
 11; Ga. I Sec. I 5; Ida. I 13; 111. II 9: Ind. I 13; Iowa I 10; 
 Kan. B.R. 10; Ky. 11; La. 9; Me. I 6; Md. D.R. 21; Mich. 
 
 II 19; Minn. I 6; Miss. Ill 26; Mo. II 22; Mont. Ill 16; 
 Nebr. I 11; N.J. I 8; N.M. II 14; N.D. I 13; Ohio I 10; 
 Okla. II 20; Ore. I 11; Pa, I 9; R.I. I 10; S.C. I 18; S.D. VI 
 7; Tenn. I 9; Tex. I 10; Utah I 12; Wash. I 22; W.Va. 
 
 III 14; Wis. I 7; Wyo. I 10.) 
 
 A man has right in all criminal prosecutions to call for evidence 
 
 in his favor. (Vt. I 10; Va. I 8.) 
 Accused has right to compulsory process in due time, on appli- 
 cation by himself, his friends or counsel, for obtaining wit- 
 nesses in his favor. (Del. I 7.) 
 Every subject to have right to produce all proofs that may be 
 
 favorable to him in criminal cases. (Mass. Pt. I 12; N.H. 
 
 Pt. I 15.) 
 Every man in criminal prosecutions to have right to confront 
 
 accusers and witnesses with other testimony. (N.C. I 11.) 
 To Examine Witnesses 
 
 Every man has right in all criminal prosecutions to examine 
 
 witnesses for and against him. (Md. D.R. 21.) 
 Accused has right to be confronted with witnesses against him in 
 
 all criminal prosecutions. (Ala. I 6; Ariz. II 24; Ark. II 10; 
 
 Colo. II 16; Conn. I 9; Del. I 7; Fla. D.R. 11; Ga. I Sec. I 
 
 5; 111. II 9; Ind. I 13; Iowa I 10; Kan. B.R. 10; Ky. 11; 
 
 La. 9; Me. I 6; Md. D.R. 21; Mass. Pt. I 12; Mich. II 19; 
 
 Minn. I 6; Miss. Ill 26; Mo. II 22: Mont. Ill 16; Nebr. I 11; 
 
 N.H. I 15; N.J. I 8; N.M. II 14; Ohio I 10; Okla. II 20; Ore. 
 
 I 11; Pa. I 9; R.I. I 10; S.C. I 18; S.D. VI 7; Tenn. I 9; Tex. 
 
 I 10: Utah I 12: Vt. I 10; Va. I S; Wash. I 22; W.Va. Ill 14; 
 
 Wis. I 7; Wyo. I 10.) 
 Man has right to be confronted with accusers. (Va. I 8.) 
 Right of person charged with offense to be furnished with list of 
 
 witnesses against him. (Ga, I Sec. I 5; Okla. II 20.) 
 Depositions, See Evidence. 
 To Be Heard 
 
 Accused has right to be heard in his own defense. (Ala. I 6; 
 
 Ariz. II 24; Ark. II 10; Cal. I 13; Colo. II 16; Conn. I 9; 
 
 Del. I 7; Fla, D.R. 11; Ida. I 13: 111. II 9; Ind. I 13; Kan. 
 
 B.R. 10; Ky. 11: Me. I 6: Md. D.R. 21; Mass. Pt. I 12; Miss. 
 
 Ill 26; Mo" II 22; Mont. Ill 16; Nebr. I 11; Nev. I 8; N.H. 
 
 I 15; N.M. II 14; N.Y. I 6; N.D. I 13; Ohio I 10; Okla, II 
 
 20; Ore. I 11; Pa. I 9 ; R.I. I 10; S.C. I 18; S.D. VI 7; Tenn. 
 
 I 9; Tex. I 10; Utah I 12; Vt. I 10; Wash. I 22; W.Va. Ill 
 
 14; Wis. I 7; Wyo. I 10.)
 
 Index Digest 523 
 
 CRIMES (Cont'd) 
 
 Rights of Accused (Cont'd) 
 
 Exemption from Testifying, See Evidence. 
 To Testify in Own Behalf 
 
 Accused to have right to testify in his own behalf in criminal 
 
 prosecutions. (Aria. II 24; Utah I 12; Wash. I 22.) 
 Person charged with receiving bribe, or with offering or promis- 
 ing bribe, shall be permitted to testify in his own behalf in 
 any civil or criminal prosecution therefor. (N.Y. XIII 4.) 
 Innocence, Presumption of 
 
 Every man presumed innocent until pronounced guilty. (R.I. 
 
 I 14.) 
 Searches and Seizures, See Searches and Seizures. 
 Suspension of Fines and Forfeitures 
 
 Remission, See above, this title, Remission of Fines, Penalties and 
 
 Forfeitures. 
 Governor may suspend collection of fines and forfeitures for not ex- 
 ceeding 60 days. (Fla. IV 11.) 
 Governor may suspend collection of fines and forfeitures for not ex- 
 ceeding 60 days after conviction. (Nev. V 13.) 
 Governor or person administering government may suspend collec- 
 tion of fines and forfeitures for not exceeding 90 days after con- 
 viction. (N.J. V 9.) 
 Governor may stay collection of forfeitures until end of next session 
 of legislature. (Miss. V 124.) 
 Treason, See Treason. 
 Trials, See Courts. 
 Vagrancy 
 
 Legislature at first session to enact effective vagrant laws. (Tex. 
 
 Ill 46.) 
 Witnesses 
 
 See above, this title, Rights of Accused. 
 See Witnesses. 
 
 CRUEL AND UNUSUAL PUNISHMENT, See Crimes — Punishment. 
 
 DEAF AND DUMB, See Charities. 
 
 DEATH 
 
 See also Injuries. 
 
 See also Life, Liberty and Property. 
 
 Capital punishment, See Crimes. 
 
 Employer's liability, See Labor. 
 
 Decedents' estates, See Decedents' Estates. 
 
 Estates of suicides, See Suicides. 
 
 When death caused by wrongful act, neglect or default such as would, 
 if death had not ensued, have entitled injured party to recover, person 
 or corporation who would have been liable if death had not ensued, to 
 be liable in action for damages notwithstanding death of person 
 injured, and legislature to provide at first session for enforcement of 
 
 right. (Wyo. IX 4.) 
 
 Whenever death results from injury inflicted by negligence or wrongful 
 act, damages may be recovered from " corporation and persons " so caus-
 
 524 State Constitutions 
 
 DEATH (Cont'd) 
 
 ing same. Personal representative of deceased to prosecute action until 
 otherwise provided by law, and legislature may provide " how recovery 
 shall go and to whom belong"; until so decided recovery to form part 
 of estate of deceased. (Ky. 241.) 
 
 Every person, corporation or company that commits homicide through 
 wilful act or omission or gross neglect, responsible in exemplary dam- 
 ages to surviving husband, wife or heirs without regard to any criminal 
 
 proceeding. (Tex. XVI 26.) 
 
 Right of action to recover damages for injuries resulting in death not 
 to be abrogated, and amount recoverable not to be subject to statutory 
 limitation. (Okla. XXIII 7; Utah XVI 5.) 
 
 Same; hut nothing contained in constitution construed to limit power of 
 legislature to enact laws for payment of compensation for death of 
 employees resulting from injuries and to provide that the right of 
 such compensation and remedy therefor shall be exclusive of all other 
 rights and remedies for death resulting from such injuries or to pro- 
 vide that amount of such compensation for death shall not exceed a 
 fixed or determinable sum. (N.Y. I IS, 19.) 
 
 No law to limit amount of damages to be recovered for causing death 
 of any person. (Ariz. II 31; Wyo. X 4.) 
 
 Legislature to have no power to limit amount to be recovered for injuries 
 
 resulting in death. (Ky. 54.) 
 
 Amount of damages recoverable by civil action for death caused by 
 wrongful act, neglect or default of another, not to be limited by 
 
 law. (Ohio I 19a.) 
 
 Legislature not to limit amount to be recovered for injuries resulting in 
 death, but in case of death from such injuries, right of action to sur- 
 vive, and legislature to prescribe for whose benefit action to be prose- 
 cuted. (Ark. V 32; Pa. Ill 21.) 
 
 If person killed by accident no forfeiture to be thereby incurred. (Del. 
 I 15; Ky. 21; Mo. II 13; Pa. I 19; Tenn. I 12.) 
 
 Article accidentally occasioning death of any person not to be deemed a 
 deodand or in any way forfeited on account of such misfortune. (N.H. 
 
 II 88; Vt. II 61.) 
 
 DEBTS 
 
 Bondage for, See Bondage for Debt. 
 
 Imprisonment for, See Imprisonment fob Debt. 
 
 Exemption from execution for debt, See Exemptions from Forced Sale. 
 
 Public debt, See State Debt, and See the subhead Debt under the titles 
 " Boroughs ", " Cities ", "Counties", "Districts", "Municipalities", 
 " Towns ", " Townships ", " Villages '*, and " Education — School 
 
 Districts ". 
 
 Legislature to provide by law for reaching property of debtor concealed 
 
 from creditor. (Ga. I Sec. II 6.) 
 
 Legislature not to pass any law staying collection of debts, commonly 
 known as "stay laws", but such prohibition not to be construed as 
 prohibiting any legislation which legislature may deem necessary to 
 provide for exemptions. (Va. XIV 194.)
 
 Index Digest 525 
 
 DEBTS (Cont'd) 
 
 Method for collection not to be provided or changed by private, local or 
 special law. (La. 48; Mo. IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill 56; 
 
 Va. IV 63. j 
 Nothing contained in constitution to impair validity of. (Tenn. XI 2.) 
 Grants of land within state by king of Great Britain or persons acting 
 under his authority after October 14, 1775, to be null and void, but 
 " nothing contained in this constitution " shall impair the obligation 
 of any debts contracted " by the state or individuals or bodies cor- 
 porate ". (X.Y. I 17.) 
 DECEDENTS' ESTATES 
 
 For provisions relating to instruments in general, atul so to instruments 
 
 affecting decedents' estates, See Instruments. 
 Aliens' Rights, See Aliens. 
 County Public Administrator 
 
 To be elected in each county; term two years and until successor 
 
 qualifies. (Mont. XVI 5.) 
 Legislature to provide for election by people; to fix by law com- 
 pensation, powers and duties; to have power to consolidate or 
 
 abolish office. (Nev. IV 32.) 
 Descent 
 
 Private or special law not to constitute one person the heir-at-law of 
 
 another. (S.D. Ill 23; Utah VI 26; Wash. II 28; Wis. IV 31.) 
 Law not to be changed by local or special law. (Colo. V 25; 111. 
 IV 22; Mont, V 26; Xebr. Ill 15; X.J. IV Sec. VII 11; X.M. IV 
 24; X.D. II 69; W.Va. VI 39; Wyo. Ill 27.) 
 Law of descent or succession not to be changed by local or special 
 law. (Ariz. IV 19; Cal. IV 25; Ida. Ill 19; La. 48; Minn. IV 33; 
 Mo. IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill 56; Utah VI 26.) 
 Law of descent or distribution not to be changed by local, private or 
 
 special law. (Miss. IV 90.) 
 Law of descent or distribution not to be established by local, private' 
 
 or special law. (Ala. IV 104.) 
 Law of descent or distribution or succession not to be changed by 
 
 local or special law. (Ky. 59.) 
 Children of parents, one or both of whom were slaves during co- 
 habitation and who were recognized by father as his children, and 
 whose mother was recognized by father as his wife, and cohabited 
 with as such, to be as capable of inheriting father's estate as if 
 born in lawful wedlock. (Va. XIV 195.) 
 
 Escheat, See Escheats. 
 
 Special Laws Affecting Prohibited 
 
 Xot to be affected by local or special law. (Ariz. IV 19; Cal. IV 25; 
 
 Ida. Ill 19; Mont. V 26; X.D. II 69; Wyo. Ill 27.) 
 Sale of real estate, local or special law prohibited. (Fla. Ill 20.) 
 Sale of property of estate not to be provided for by local or special 
 
 law. (Ala. IV 104.) 
 Sale, lease, incumbrance or disposal of property, local or special law 
 
 prohibited. (Ky. 59.)
 
 526 State Constitutions 
 
 DECEDENTS' ESTATES (Cont'd) 
 
 Special Laws Affecting Prohibited (Cont'd) 
 
 Settlement, administration of estate, or sale or mortgage of any prop- 
 erty of deceased, person, local, private or special law prohibited. 
 
 o , t, co (Miss. IV 90.) 
 
 Suicides' Estates, See Suicides. ' 
 
 Taxation, See Taxation — Objects and Kinds of Taxes. 
 Wills 
 
 Invalid wills not to be given effect by local, private or special law. 
 
 (Ala. IV 104; Cal. IV 25; Ky. 59; Nev. IV 20; Wash. II 28.) 
 Informal or invalid wills not to be given effect by local, private or 
 special law. (Fla. Ill 20; La. 48; Md. Ill 33; Minn. IV 33; Mo. 
 IV 53; N.M. IV 24; Okla. V 46; Tex. Ill 56.) 
 DEEDS, See Property — Real Property. 
 DENTISTRY 
 
 See Physicians. 
 See Public Health. 
 DEODANDS, See Death. 
 
 DEPARTMENTS OF GOVERNMENT, See Distribution of Powers. 
 DEPOSITIONS, See Evidence. 
 DEPOSITORY BOARD 
 
 Composed of governor, auditor and treasurer; to designate depositories for 
 funds in hands of treasurer. (Mont. XII 14.) 
 DESCENT, See Decedents' Estates — Descent. 
 DISTRIBUTION OF POWERS 
 In General 
 
 Powers of the government shall be distributed into three depart- 
 ments: the legislative, executive and judicial. (R.I. III.) 
 Legislative, executive and judicial powers of government ought to be 
 
 forever separate and distinct from each other. (N.C. I 8.) 
 Three essential powers of government, legislative, executive and 
 judicial, ought to be kept as separate from and independent of 
 each other as nature of a free government will admit or as is con- 
 sistent with that chain of connection that binds the whole fabric 
 of constitution in one indissoluble bond of union' and amity. (N.H. 
 
 I 37.) 
 Powers of government divided into three distinct departments, and 
 each confided to separate magistracy, legislative to one, executive 
 to another, judicial to another. (Conn. II.) 
 State to be governed by a governor (or lieutenant-governor), a senate 
 and a house of representatives of the freemen. Legislative, execu- 
 tive and judicial departments to be separate and distinct so that 
 neither exercise powers properly belonging to other. (Vt. II 1, 5.) 
 Powers of government divided into three distinct departments: legis- 
 lative, executive and judicial. Powers and duties of each " are 
 prescribed " by constitution. (S.D. II.) 
 Powers of government divided into three separate departments, legis- 
 lative, executive and judicial. Except as provided in constitution, 
 departments to be separate and distinct and neither to exercise 
 the powers properly belonging to either of others. (Okla. IV.)
 
 Index Digest 527 
 
 DISTRIBUTION OF POWERS (Cont'd) 
 In General {Cont'd) 
 
 Powers of government divided into three separate departments, legis- 
 lative, executive and judicial, except as provided in constitution 
 to be separate and distinct and no one of such departments shall 
 exercise powers properly belonging to either of others. (Ariz. III.) 
 Legislative, judicial and executive powers forever to remain separate 
 and distinct and no person discharging duties of one shall at 
 same time exercise functions of either of others, except as provided 
 in constitution. (Ga. I Sec. I 23.) 
 Powers of government divided into three separate departments: 
 legislative, executive, including administrative, and judicial; and 
 no person charged with official duties under one of these depart- 
 ments to exercise an$ r of functions of another except as provided 
 in constitution. (Ind. Ill 1; Ore. Ill 1.) 
 Legislative, executive and judicial powers to be forever separate and 
 distinct from each other, and no person or persons exercising func- 
 tions of one to assume or discharge duties of any other. ( S.C. I 
 
 14.) 
 Same; except expression is used "ought to be forever separate and 
 
 distinct". (Md. D.R. 8.) 
 Powers of government divided Into three distinct departments, legis- 
 lative, executive and judicial, and no person or persons belonging 
 to or constituting one of these departments to exercise any of the 
 powers properly belonging to either of the others, except as ex- 
 pressly provided in this constitution. (Minn. Ill 1; N.J. Ill 1.) 
 Powers of government divided into three distinct departments — 
 legislative, executive and judicial, and no person or collection of 
 persons charged with exercise of powers properly belonging to one 
 to exercise powers properly belonging to either of others, except 
 as in constitution provided. (Colo. Ill; Ida. IT 1; Mont. IV 1; 
 
 N.M. Ill 1; Wyo. II 1.) 
 The powers of government shall be divided into three distinct de- 
 partments — the legislative, executive and judicial — each of which 
 shall be confided to a separate magistracy, and no person, or col- 
 lection of persons, charged with the exercise of powers properly 
 belonging to one of those departments, shall exercise any power 
 properly belonging to either of the others, except in the instances 
 in this constitution expressly directed or permitted. (Mo. III.) 
 Powers of government divided into three distinct departments; each 
 of them to be confided to separate body of magistracy; those which 
 are legislative to one, those which are executive to another and 
 those which are judicial to another. No person, or collection of 
 persons, being of one of these departments, shall exercise power 
 belonging to either of others, except as provided in constitution. 
 (Ark. IV 1, 2; Ky. 27, 28; Tex. II 1.) 
 Powers of government of state divided into three distinct depart- 
 ments, each of them to be confided to a separate body of magis- 
 tracy ; those which are legislative to one, those which are executive 
 to another, and those which are judicial to another. No one of
 
 52S State Constitutions 
 
 DISTRIBUTION OF POWERS (Cont'd) 
 In General (Cont'd) 
 
 these departments, nor person, or collection of persons, holding 
 office in one of them, to exercise powers properly belonging to either 
 of others, except as provided in constitution. (La. 16, 17.) 
 
 Powers of government divided into three distinct departments, legis- 
 lative, executive and judicial; no person or collection of persons, 
 being one of the-e departments, to exercise any power properly 
 belonging to either of the others, except as hereinafter expressly 
 directed or permitted. (111. Ill; Xebr. II.) 
 , The legislative, executive and judicial departments to be separate 
 
 and distinct " so that neither exercise '" powers belonging to either 
 of the others, and no person to exercise power of more than one 
 of them at the same time. (Va. L 5, III.) 
 
 Same; but adds " jxistice of the peace eligible to legislature". (W. 
 
 Va. VI.) 
 
 Powers of government divided into three distinct departments, legis- 
 lative, executive and judicial; and no person charged with the 
 exercise of powers properly belonging to one shall exercise any 
 functions appertaining to either of others except as provided in 
 constitution. (Cal. Ill 1; Fla. II; Iowa III 1; New III 1; Utah 
 
 V 1.) 
 
 Powers of government divided into three distinct departments — 
 legislative, executive and judicial, and no person belonging to 
 one of these departments to exercise any of powers properly be- 
 longing to either of others except as in constitution provided. (Me. 
 Ill 1. 2; Midi. IV 1. 2: Tenn. II 1, 2.) 
 
 Powers of government divided into three distinct departments, each 
 of them confided to a separate magistracy. Those which are legis- 
 lative to one, those which are judicial to another, and those which 
 are executive to another. No person or collection of persons being 
 one or belonging to one of these departments to exercise power 
 properly belonging to either of others. Acceptance of office in 
 either of state departments shall of itself and at once vacate any 
 and all offices held by person so accepting in either of other de- 
 partments. {Miss. I 1, 2.) 
 
 Powers of government divided into three distinct departments, each 
 confided to a separate body of magistracy, legislative to one, 
 executive to another, judicial to another: except in instances pro- 
 vided in constitution, legislature never to exercise executive or 
 judicial, executive never to exercise legislative or judicial, judicial 
 never to exercise legislative or executive " to the end that it may 
 be. a government of laws and not of men". 1 Ala. Ill 42. 43.) 
 
 In the government of this commonwealth, the legislative depart- 
 ment shall never exercise the executive and judicial powers, or 
 either of them: the executive shall never exercise the legislative 
 and judicial powers, or either of them; the judicial shall never 
 exercise the legislative and executive powers, or either of them; 
 to the end it may be a e U vernment of laws and not of men. (Mass. 
 
 Pt. I 30.)
 
 I.\Di:\ Digest 529 
 
 DISTRIBUTION OF POWERS (Cont'd) 
 
 Vesting of Executive Power, -See Executive Power. 
 
 Vesting of Judicial Power, See Courts — Establishment. 
 
 Vesting of Legislative Power, *<r Legislature — Legislative Powot 
 
 Vested. 
 Dual Office Holding, Sec Public Officers. 
 Limitation on Legislature 
 
 Legislature not to exercise judicial power not expressly conferred by 
 
 constitution. (Ohio II 32.) 
 Legislature to have no power to deprive judicial department of any 
 power or jurisdiction which rightfully pertains to it as co-ordinate 
 department of government. (Ida. V 13; N.C. IV 12.) 
 Provision for veto by governor is, in part, to guard against encroach- 
 ments of the legislative upon the co-ordinate executive and judicial 
 
 departments. (Md. II 17.) 
 Duties or functions not to be attached by law to highest court, courts 
 of appeal or district courts, or to justices or judges thereof, except 
 such as are judicial. Xo judicial powers, except as committing 
 magistrates in criminal cases, to be conferred on any officers other 
 than those mentioned " in this title " except such as may be neces- 
 sary in towns and cities. (La. 96.) 
 
 DISTRICT ATTORNEYS, See Prosecuting Attorneys. 
 DISTRICT COURTS, See Courts — General Trial Courts. 
 
 DISTRICTS 
 Contracts 
 
 No public officer or member of legislature to be interested in directly 
 or indirectly where authorized by any law passed or order made 
 by board of which he is or was member during term for which he 
 was chosen or within one year after termination of term. (Miss. 
 
 IV 109.) 
 Drainage, See Drainage — Drainage Districts. 
 Debt 
 
 Money borrowed to be applied to purpose for which obtained or to 
 
 repay such loan and to no other purpose. (N.M. IX 9.) 
 Legislature not to authorize incorporated districts to lend credit to 
 corporation, association, institution or individual. ( Fla. IX 10; 
 
 Pa. IX 7.) 
 Legislature not to authorize incorporated district to lend credit to 
 
 corporation, association or individual. (Okla. X 17.) 
 Legislature not to authorize district to lend credit in aid of any 
 railroad, telegraph, or other private, individual or corporate 
 enterprise or undertaking. (Utah VI 31.) 
 Legislature not to authorize incorporated district to obtain money 
 for or lend its credit to any corporation, association or individual 
 except for purpose of cbtutraeting or maintaining bridges, turn- 
 pike roads or gravel roads. (Ky. 179.) 
 Private, local or special legislation authorizing issuance of bonds or 
 other securities forbidden unless authorized before enactment such 
 law by vote qualified electors thereof at election held for purpose
 
 530 State Constitutions 
 
 DISTRICTS (Cont'd) 
 Debt (Cont'd) 
 
 in manner prescribed by law; but legislature may without such 
 election pass special laws to refund bonds issued before ratifica- 
 tion constitution. (Ala. IV 104.) 
 Not to exceed 7 per cent, of assessed value of taxable property; con- 
 sent of electors at public election required before new debt in- 
 curred or debt increased to over 2 per cent, on assessed valuation. 
 
 (Pa. IX 8.) 
 Limited to 5 per cent, on assessed valuation of taxable property for 
 year preceding that in which debt incurred; additional debt not 
 exceeding 10 per cent, may be incurred " for the purpose of pro- 
 viding water and sewerage for irrigation, domestic uses, sewerage 
 and other purposes " ; but no debt to be incurred " for any of the 
 purposes in this section provided " unless authorized by vote of 
 
 majority of electors. (S.D. XIII 4.) 
 " Drainage, subdrainage, road, subroad, navigation or sewerage 
 districts ", no bonds to be issued for any purpose other than that 
 stated in propositions submitted to taxpayers nor for a greater 
 amount than therein stated, nor shall such bonds be issued for 
 any purpose other than for constructing, improving and main- 
 taining public roads and highways, paving and improving streets, 
 roads and alleys, purchasing and constructing systems of water- 
 works, sewerage, drainage, navigation, lights, public parks and 
 buildings, together with all necessary equipment and furnishings, 
 bridges and other works of public improvement, the title to which 
 shall rest in the subdivision creating the debt as the case may 
 be ", or unless authorized by majority in number and amount of 
 property taxpayers qualified to vote, voting at election held for 
 purpose. Amount of bonds issued by district for all purposes not 
 over 10 per cent, of assessed value of property, tax to be laid by 
 governing authorities sufficient to pay interest and sinking fund, 
 but tax: never to be over 10 mills on dollar. Bonds not to run 
 more than 40 years, nor bear interest over 5 per cent., or sold 
 for less than par. Similar provisions for renewal and refunding 
 
 bonds. (Ik. 281 (1) (6).) 
 Legislature may authorize defined district which may include towns, 
 villages or municipal corporations, to issue bonds or otherwise 
 lend its credit in any amount not exceeding one-fourth of assessed 
 valuation of real property of such district or territory, when 
 approved by two-thirds resident property taxpayers voting on 
 question who are qualified electors of such district or territory, 
 for irrigation, drainage or navigation improvements or in aid 
 thereof, or the construction, maintenance and operation of paved 
 roads and turnpikes or in aid thereof. This authorization to be 
 in addition to all debts except that total bonded debt of any city 
 or town not to exceed limit imposed by other provisions of con- 
 stitution. District incurring such debt to levy and collect taxes 
 and pay interest and provide sinking fund for redemption. (Tex. 
 
 ni 52.)
 
 Index Digest 531 
 
 DISTRICTS (Cont'd) 
 
 Election Distbicts, See Elections — Districts. 
 Expenditures 
 
 Legislature not to authorize incorporated district to obtain or ap- 
 propriate money for or levy tax for any corporation, association 
 
 or individual. (Okla. X 17.) 
 Legislature not to authorize incorporated district to make appropria- 
 tion of money to " any corporation, association, institution or in- 
 dividual ". (Pa. IX 7.) 
 Legislature not to authorize incorporated district to become stock- 
 holder in any company, association or corporation. (Okla. X 
 
 17; Pa. IX 7.) 
 
 Legislature not to authorize incorporated district to appropriate 
 
 money to any corporation, association or individual except for 
 
 purpose of contracting or maintaining bridges, turnpike roads or 
 
 gravel roads. (Ky. 179.) 
 Legislature not to authorize incorporated district becoming stock- 
 holder in company, association or corporation. (Fla. IX 10; Pa. 
 
 IX 7.) 
 
 Legislature not to authorize incorporated districts or subdivision to 
 
 become stockholder in any company, association or corporation. 
 
 (Ky. 179.) 
 Legislature not to authorize district to subscribe to stock or bond 
 in aid of any railroad, telegraph or other private individual or 
 corporate enterprise or undertaking. (Utah VI 31.) 
 Legislature not to authorize incorporated districts obtaining or ap- 
 propriating money for corporation, association, institution or 
 
 individual. (Fla. IX 10.) 
 Formation 
 
 No county, municipal corporation, civil township, district or sub- 
 division to be included within such district or subdivision without 
 a majority vote in favor thereof of the electors of the district 
 proposed to be included therein, and no such debt to be ever 
 incurred for any of the purposes in this section provided, unless 
 authorized by a vote in favor thereof by a majority of the electors 
 of such district incurring the same. (S.D. XIII 4.) 
 
 Improvement, See Internal Improvements — Districts. 
 
 Irrigation, See Irrigation. 
 
 Legislation Affecting 
 
 Local or special legislation regulating affairs of district forbidden. 
 
 (N.M. IV 24; W.Va. VI 39.) 
 
 Legislature not to enact indirectly any special or local act by 
 
 exempting district from the operation of a general act. (Ky. 60.) 
 
 Legislative Apportionment, See Legislature — Apportionment of 
 
 Members. 
 
 Levee, See Levees — Levee Districts. 
 
 Militia, See Militia — Divisions.
 
 532 State Constitutions 
 
 DISTRICTS (Confd) 
 Officebs 
 
 Accounts 
 
 Legislature to provide for accountability, as to fees collected 
 and all public moneys paid to or which officially come into 
 
 their possession. (Wash. XI 5.) 
 Laws to be " enacted and enforced by suitable provisions and 
 penalties " requiring sheriffs and other county officers who 
 receive or whose duty it is to receive, hold or pay out money 
 for the use of or belonging to the state or any county, district 
 or municipal corporation to make annual account and settle- 
 ment therefor. Such settlement to be subject to exceptions 
 and to take such direction and have such force and effect as 
 provided by law. Settlement to be recorded and open to 
 examination of people at such convenient place as may be 
 
 fixed by law. (W.Va. VI 27.) 
 
 No person who has collected or been intrusted with public 
 
 money of district to be eligible to legislature or to any office 
 
 of honor, trust or profit in the state until he shall have duly 
 
 accounted for and paid over such money according to law. 
 
 (W.Va. VI 14.) 
 Compensation 
 
 Legislature to prescribe. (N.D. X 173.) 
 
 Except constables to be paid fixed and definite salaries. (Utah 
 
 XXI 1.) 
 Legislature to regulate compensation in proportion to duties. 
 
 (Wash. XI 5.) 
 Duties 
 
 Duties' to be prescribed by legislature. (Wash. XI 5.) 
 Legislature to prescribe. (N.D. X 173.) 
 Election 
 
 General election for to be held on Tuesday after first Monday 
 
 November. (Iowa II 7.) 
 Time of election, biennially on Tuesday following first Monday 
 
 in November even numbered years. (Wash. VI 8.) 
 Time of election Tuesday after first Monday November. (Va. 
 
 VII 112.) 
 In districts composed of more than one county, votes for officers 
 to be canvassed by canvassing board of each county for their 
 respective counties and then on their report by state can- 
 vassing board which shall declare the result. (N.M. XX 7.) 
 At elections candidates receiving largest number of votes to be 
 
 elected. (R.I. Amend. XI.) 
 Legislature to provide by general and uniform laws for election 
 of such as public convenience may require. (Wash. XI 5.) 
 
 Fees 
 
 To be required by law to keep correct account of fees collected 
 and to pay into proper treasury; and officer whose duty it is to- 
 collect such fees shall be responsible under bond for them. 
 
 (Utah XXI 2.>
 
 Index Digest 533 
 
 DISTRICTS (Cont'd) 
 Officers (Cont'd) 
 Fees (Cont'd) 
 
 Legislature to provide for accountability as to fees collected and 
 all public moneys paid to or which officially come into their 
 
 possession. (Wash. XI 5.) 
 Free Transportation 
 
 Transportation company not to give, and officer of district not 
 to receive, free or reduced rates of transportation; officer 
 violating to forfeit office and be punished as prescribed by 
 law. but this does not prevent firemen or policemen from 
 accepting free transportation while in discharge of duty. 
 
 (Va. XIII 161.)' 
 No railroad or transportation company to grant free or dis- 
 counted passes or tickets. Legislature to enforce by suitable 
 
 provision. (Miss. VII 188.) 
 Common carrier forbidden to give free pass or reduced rates and 
 officer forbidden to accept under penalty of forfeiture of office. 
 Legislature to enforce. (Ky. lt>7.i 
 
 Provision for 
 
 Legislature authorized to provide for election or appointment 
 of " ministerial or executive officers " other than those men- 
 tioned in the constitution. (Ky. 107.) 
 Legislature to provide for election or appointment of such min- 
 isterial or executive officers as may be necessary other than 
 those mentioned by constitution. (Ky. 107.) 
 Legislature to provide by law for such other officers than those 
 named in the constitution as may be deemed necessary. (N.D. 
 
 X 173.) 
 Legislature to provide by general law for such as may be neces- 
 sary and shall prescribe duties and compensation of all district 
 
 officers. (S.D. IX 6.) 
 Qualifications 
 
 To be electors of districts in which elected. (S.D. IX 7.) 
 
 No collector or his assistant or deputy of taxes or public moneys 
 
 for district to be eligible to legislature unless six months 
 
 before election he obtains " quietus " for his collections and 
 
 all public moneys for which he is responsible. (Ky. 45.) 
 
 To be residents of the political subdivision for which elected 
 
 or appointed. (N.M. V 13.) 
 Residence and Office 
 
 To reside in district and keep office at such place therein as re- 
 quired by law. (Ark. XIX 4: Ky. 234.) 
 
 Term 
 
 Not exceeding four years. (Ky. 107.) 
 
 To commence January 1st next after election ; except those elected 
 
 to fill vacancies. (N.M. XX 3.) 
 Terms to be fixed by legislature. (Wash. XI 5.)
 
 534 State Constitutions 
 
 DISTRICTS (Cont'd) 
 Officers (Cont'd) 
 Vacancies 
 
 To be filled unless otherwise provided by law by appointment of 
 governor; if appointment made during session, to be confirmed 
 by two-third senate present; if made during recess, same or 
 another nomination to be sent to senate during first 10 days 
 of session. If rejected, governor to make further nominations. 
 Governor not to appoint during recess any person rejected by 
 senate, but may appoint other person until next session or 
 until regular election. Appointments to vacancies in elective 
 offices to continue only until next general election. (Tex. 
 
 IV 12.) 
 Reclamation, See Reclamation. 
 Roads, See Roads — Road Districts. 
 School, See Education — School Districts. 
 Sewerage Districts 
 
 Municipalities may create one or more sewerage districts within 
 their limits. (La. 280.) 
 Territorial 
 
 Continued with same names, boundaries and rights until changed in 
 accordance w T ith constitution and laws of state. (N.M. XXII 12.) 
 Taxing Districts 
 
 Not to become indebted in any manner or for any purpose to amount 
 exceeding in any year income and revenue for that year without 
 consent of two-thirds voters voting at election held for purpose. 
 Debts contracted in violation of this provision to be void and not 
 to be assumed by municipality or enforcible against persons con- 
 tracting them. Total debt of such districts not to exceed in aggre- 
 gate 2 per cent, of value of taxable property therein as shown by 
 assessment next before last assessment previous to incurring debt, 
 but debt in excess of this limit may be contracted to pay obliga- 
 tions existing time adoption constitution. Renewal bonds or 
 funding bonds not to be prevented by this limitation. Such dis- 
 tricts at time of authorizing creation of debt must provide for 
 collection of taxes to pay interest and create sinking fund to 
 redeem principal within 40 years. (Ky. 157, 158, 159.) 
 Not to be permitted to grant franchise or privilege or make any 
 contract in reference thereto for more than 20 years; before 
 grant, bids to be received after due advertisement and award to be 
 to highest and best bidder; but all bids may be rejected. This does 
 not apply to trunk railway. (Ky. 164.) 
 Voters, Qualifications of 
 
 On submission of any question of expenditure to popular vote, any 
 woman having qualifications of male electors, and owning property 
 assessed for taxes in district, to be entitled to vote. (Mich. Ill 4.) 
 DITCHES 
 
 General assembly shall not pass any local or special law relating to. 
 
 (Del. II 19.) 
 Community ditches and laterals to be tax free. (N.M. VIII 3.)
 
 Index Digest 535 
 
 DITCHES (Cont'd) 
 
 Public land needed for drain or irrigation ditches may be purchased like 
 other school land; patent to issue when principal and interest paid, 
 at time of sale or later. (N.D. IX 158.) 
 Eminent domain 
 
 See Eminent Domain — Private Uses. 
 See Eminent Domain — Special Public Uses. 
 Drainage, See Drainage. 
 
 Taxation, See Taxation — Exemptions — Irrigation. 
 DIVORCE 
 
 Not to be allowed in state. (S.C. XVII 3.) 
 
 Legislature not to grant. (Iowa III 27; Mich. V 32; Minn. IV 28; 
 
 N.J. IV Sec. VII 1; Ohio II 32; Wash. II 24; Wis. IV 24.) 
 Not to be granted by private, local or special law. (Ala. IV 104; Ariz. 
 IV 19; Ark. V 24; Cal. IV 25; Colo. V 25; Fla. Ill 20; Ida. Ill 19; 
 111. IV 22; Ind. IV 22; Ky. 59; La. 48; Md. Ill 33; Miss. IV 90; Mo. 
 
 IV 53; Mont. V 26; Nebr. Ill 15; Nev. IV 20; N.M. IV 24; N.D. II 69; 
 Okla. V 46; Ore. IV 23; Pa. Ill 7; S.D. Ill 23; Tex. Ill 56; Utah 
 
 V 26; W.Va. VI 39; Wyo. Ill 27.) 
 
 Legislature may regulate divorce by general law, but may not grant in 
 
 individual cases. (N.C. II 10.) 
 Legislature to confer on courts power to grant, and shall not, by special 
 
 legislation, grant relief. (Va. IV 63.) 
 
 Legislature not to grant divorces, but may authorize courts of justice 
 
 to grant them for causes specified by law; general and uniform in 
 
 operation throughout the state. (Tenn. XI 4.) 
 
 No divorce to be granted except by judgment of a court, as prescribed 
 
 by general and uniform law. (Del. II 18.) 
 No divorce to be granted otherwise than by due judicial proceedings. 
 
 . (N.Y. I 9.) 
 Power to grant vested in district courts, subject to regulation by law. 
 
 (Kan. II 18.) 
 
 All causes of marriage, divorce and alimony to be heard and tried by 
 
 superior court, until legislature makes other provision by law. (N.H. 
 
 II 75.) 
 All causes of marriage, divorce and alimony to be heard and determined 
 by governor and council, until legislature makes other provision by 
 law. (Mass. Pt. II Ch. Ill 5.) 
 No total divorce to be granted except on concurrent verdicts of two 
 juries at different terms of court, and when divorce granted, jury 
 rendering final verdict to determine rights and disabilities of parties. 
 
 (Ga. VI Sec. XV 1, 2.) 
 
 Divorce cases to be brought in county where defendant resides if resident 
 
 of state. If not, then in county in which plaintiff resides. (Ga. VI 
 
 Sec. XVI 1.) 
 Alimony not to be allowed except by judgment of a court, as prescribed by 
 
 general and uniform law. (Del. II 18.) 
 Legislature may regulate alimony by general law, but may not grant or 
 secure in individual cases. (N.G. II 10.) 
 DOUBLE JEOPARDY, See Jeopardy.
 
 536 State Constitutions 
 
 DRAINAGE 
 
 Ditches, See Ditches. 
 Eminent Domain 
 
 See Eminent Domain — Private Purposes. 
 
 See Eminent Domain — Special Public Purposes. 
 Drainage Districts 
 
 In this subhead are digested provisions relating particularly to 
 drainage districts; for districts in general, See Districts. 
 
 Laws may be passed for formation of. (Ohio II 36.) 
 
 Legislature to provide for organization and operation of. (N.M. 
 
 XVI 4.) 
 
 The legislature to have power to provide for supervision, regulation 
 and conduct, in such manner as it may determine, of affairs of 
 drainage districts organized and existing under any law of this 
 
 state. (Cal. XI 13.) 
 
 Legislature may provide for organization of, with power to construct 
 and maintain levees, drains and ditches and to keep in repair 
 those already constructed under laws of state, by special assess- 
 ments on property benefited. (111. IV 31; Iowa I IS.) 
 
 Legislature may provide for organization of, for drainage of land 
 for any public use and may vest corporate authorities of, and 
 corporate authorities of counties, townships and municipalities, 
 with power to construct levees, drains and ditches, and to keep 
 in repair those already constructed under laws of state, by special 
 assessments on property benefited, according to benefits received. 
 
 (S.D. XXI 6.) 
 
 May, when authorized by majority in number and amount of prop- 
 erty taxpayers, qualified voters, incur debt and issue bonds for 
 drainage purposes not to exceed in amount 10 per cent, of assessed 
 value of property in district, and the governing authorities of 
 district may lay taxes sufficient to pay interest and principal. 
 Detail provisions as to election and bonds. (La. 281.) 
 
 May be created by police juries in accordance with law, with powers 
 in addition to general power granted municipalities and districts, 
 to levy taxes and issue bonds to establish and maintain drainage 
 systems; detailed provisions as to levy of taxes on lands benefited 
 and issue of bonds, with consent of property holders. (La. 281, 
 
 2, 3.) 
 Provision for 
 
 Special or local laws concerning drainage may be enacted. (S.C. 
 
 Amend. ) 
 
 Private and local laws providing for draining swamp and other low 
 lands prohibited; provisions to be made by general law; prohibi- 
 tion not to apply to bills reported to legislature by commissioners 
 to revise statutes. (iST.Y. Ill 18, 23.) 
 
 Legislature may provide by law for organization and operation of 
 drainage systems. (X.M. XVI 4.) 
 
 Drainage of agricultural lands a public purpose, legislature may 
 provide therefor. (S.D. XXI 6.) 
 
 Legislature to provide by law for condemnation, through proper 
 official channels, of all lands necessary for proper drainage of
 
 Index Digest 537 
 
 DRAINAGE (Cont'd) 
 
 Provision for (Cont'd) 
 
 swamp and low lands of state, and for equitable assessment of 
 all lands so drained, to pay expenses of such condemnation and 
 drainage. (S.C. Amend. Art. I.) 
 Legislature to provide for a system of levees, drains and ditches 
 when deemed expedient; for payment of bonds or expense neces- 
 sarily incurred in establishment thereof by taxes on land affected 
 or benefited or on crops raised thereon; and for compulsory issu- 
 ance of bonds by owners or lessees of lands benefited or affected. 
 
 (Okla. XVI 3.) 
 Purchase of Public Lands for 
 
 School lands needed for drain ditches may be purchased like other 
 school lands, but patent shall issue when principal and interest 
 due are paid at time of sale or later. (N.D. XIII 15S. ) 
 
 Taxation 
 
 Community ditches and all laterals thereof for drainage exempt 
 from taxation. (N.M. VIII 3.) 
 
 DUE PROCESS OF LAW 
 
 See Life, Liberty and Property. 
 
 See Crimes — Rights of Accused — In General. 
 
 DUELING 
 
 As disqualificatio7i to hold office, See Public Officers — Qualifications 
 
 and Disqualifications. 
 
 As disqualification to vote, See Elections — Qualifications and Dis- 
 qualifications of Electors. 
 
 Legislature to pass such penal laws as it deems expedient to suppress. 
 
 (Ala. IV 86.) 
 
 Persons fighting duel, assisting in same as second, or sending, accepting 
 or knowingly carrying challenge therefor, to be punished as prescribed 
 
 by law. (Ark. XIX 2.) 
 
 Residents of state convicted of fighting duel in this state or of sending 
 or accepting challenge, or of aiding or abetting same, to be subject to 
 punishment prescribed by law. (Ga. II Sec. IV 2.) 
 
 Person directly or indirectly giving, accepting or knowingly carrying 
 challenge to any person to fight in single combat, with citizen of state, 
 with deadly weapon, either in or out of state, if said acts or any of 
 them be committed within state, to be punished as legislature may 
 prescribe; governor may, after five years from time of offense, pardon 
 person who has participated in duel as principal, second or otherwise, 
 and restore him to rights, privileges and immunities to which entitled 
 before participation. (Ky. 230, 240.) 
 
 Person fighting duel or sending or accepting challenge for that purpose, 
 or aiding or abetting same, to be punished as prescribed by law. (S.C. 
 
 I 11.) 
 
 Person fighting diiel, or knowingly carrying, sending or accepting chal- 
 lenge for that purpose, or aiding or abetting same, to be punished 
 as legislature may prescribe. (Tenn. IX 3.) 
 
 Inhabitant of state engaged in, either directly or indirectly, as principal 
 or accessory, to be punished as prescribed by law. (Wis. XIII 2.)
 
 538 State Constitution; 
 
 EDUCATION 
 
 For exemptions of school property from taxation, See Taxation — 
 
 Exemptions. 
 Agricultural and Mechanical College 
 
 See also below, this title, "Agricul tubal Colleges'', '"'State Uni- 
 versity ", " Funds ". 
 
 Agricultural and mechanical department to be included in provision 
 for state university. (X.C. IX 14; Tex. VII 10.) 
 
 State ratines agreement to maintain, in accordance with grants made 
 under act of Congress July 2, 1S62, and will preserve intact 
 endowments for said colleges. (Miss. VIII 213.) 
 
 As established by act of April 17, 1S71, located in county of Brazos, 
 is made a branch of the university. (Tex. VII 13.) 
 
 Alabama Polytechnic Institute, formerly Agricultural and Mechani- 
 cal College, to be managed by board of trustees appointed by 
 governor, confirmed by senate for term of 12 years, one-third 
 of board appointed every four years. Board consists of two from 
 congressional district in which institution is located, one from 
 each other congressional district in state, superintendent of edu- 
 cation and the governor as ex officio president of board. 
 Governor fills vacancies. Xo salary. Actual expenses allowed. 
 Legislature cannot change location without two-thirds vote with 
 yeas and nays entered on journals. (Ala. XIV 266.) 
 
 Louisiana Agricultural and Mechanical College, founded on land 
 grants of United States, to endow a college for the benefit of 
 agriculture and mechanic art, recognized, and all revenue from 
 agricultural and mechanical fund and other funds or lands 
 donated by United States for such a college shall be applied to 
 it. and legislature shall make appropriations necessary for its 
 maintenance, support and improvement. ( La. 256. ) 
 
 Xew Mexico College of Agriculture and Mechanic Arts near Las 
 Cruces, same provision as for State University and provision also 
 that state appropriations made, and land grants from United 
 States for agricultural and mechanical colleges and experimental 
 stations shall be paid to. | X.M. XII 11. 13.) - 
 
 Virginia Polytechnic Institute, president of, ex officio member of 
 board of agriculture and immigration. President of board of 
 agriculture and immigration ex officio member of board of visitors 
 
 of. (Va. X 143, 146.) 
 
 State shall preserve intact endowments to and support the Agri- 
 cultural and Mechanical College of Mississippi, and the Alcorn 
 Agricultural and Mechanical College established from land grants 
 made by United States. (Miaa. VIII 213.1 
 
 Board of agriculture to consist of five farmers selected in manner 
 prescribed by law shall be the board of regents of the State 
 Agricultural and Mechanical College. One-third of lands or pro- 
 ceeds thereof accruing from section 13 in every portion of the 
 state goes to Agricultural and Mechanical College, and Colored 
 Agricultural and Xormal University. (Okla. VI 31, XI 5.)
 
 Index Digest 539 
 
 EDUCATION (Cont'd) 
 
 Agricultural and Mechanical College (Cont'd) 
 
 Fund of declared to be $182,313.03, the proceeds of sale of lands, 
 etc., which is declared a perpetual loan to the state upon which it 
 shall pay 5 per cent, annual interest. (La. 260.) 
 
 Agricultural Colleges 
 
 College of agriculture to be in State University. (Ariz. XI 1.) 
 
 College of agriculture established as part of State University, con- 
 gressional grant of July 2, 1862, to be appropriated for. (Cal. 
 
 IX 9.) 
 
 One at Fort Collins adopted by state, control and management of to 
 be regulated by legislature, location of and grants, gifts and 
 appropriations for confirmed for use and benefit of, under specified 
 conditions. Farmers' institutes may be given in any part of the 
 
 state. (Colo. VIII 5.) 
 
 The state board of agriculture consists of six members holding office 
 for six years, two to be elected at the regular biennial spring 
 election. Board elects 'president of agricultural college, to be 
 ex officio member of the board with privilege of speaking but not 
 voting, and shall preside at meetings and be principal executive 
 officer of the college. Board to have general supervision of college 
 and direction and control of agricultural college funds, and other 
 duties prescribed by law. (Mich. XI 7, 8.) 
 
 Legislature shall maintain a state agricultural college. (Mich. 
 
 XI 10.) 
 
 Legislature shall appropriate all salt spring lands now unappro- 
 priated and money arising from the sale of same together with 
 funds or lands hereafter granted or appropriated for such pur- 
 pose for support and maintenance of agricultural college. (Mich. 
 
 XI 13.) 
 
 Department of agriculture to be established at state university. 
 
 (Kan. VI 7; Xev. XI 4; N.C. IX 14.) 
 
 One located at Fargo to have lands specifically granted by act of 
 congress, February 22, 18S9, subject to limitations provided in 
 article on school and public lands. (N.D. XIX* 215.) 
 
 One-third of proceeds of section 13 in every portion of state goes to 
 Colored Agricultural and Normal University. (Okla. XI 5.) 
 
 Terms of congressional land grant and funds for an agricultural 
 college confirmed and accepted. Legislature shall as soon as 
 practicable separate Claflin College from Claflin University and 
 provide for it a separate corps of men and women professors with 
 negro representation and establish it as the Colored Normal In- 
 dustrial, Agricultural and Mechanical College. Legislature may 
 provide for maintenance of Clemson Agricultural College. (S.C. 
 
 XI 8.) 
 
 Property received for an agricultural college shall he held as a trust 
 fund therefor, and the state shall make up any losses. (S.D. 
 
 VIII 7.)
 
 540 State Constitutions 
 
 EDUCATION (Cont'd) 
 
 Agricultural Colleges (Cont'd) 
 
 The agricultural college to be under control of board of five members 
 (legislature may increase to nine) appointed by governor, con- 
 firmed by senate, under rules and restrictions provided by legisla- 
 ture. (S.D. XIV 3, 4.) 
 Location and establishment of the agricultural college confirmed and 
 all rights and endowments heretofore granted are perpetuated. 
 
 (Utah X 4.) 
 Appropriation s 
 
 See also below, this title, " Common Schools — Establishment and 
 
 Support ", " Funds ". 
 
 No appropriation to be made to educational institutions not under 
 
 absolute control of state other than normal schools established by 
 
 law for professional training of public school teachers, except by 
 
 vote of two-thirds of all members elected to each house. (Pa. 
 
 Ill 17.) 
 Legislature shall make appropriations for support, development and 
 improvement of state educational institutions to be met by taxa- 
 tion, in addition to revenue from investment of proceeds of sale of 
 such lands as have been set aside by enabling act or other United 
 
 States enactment. (Ariz. XI 10.) 
 Legislature not to make donation, grant or endowment to any 
 literary institution unless at time of making same legislature has 
 power " to grant further powers to alter, limit or restrain any 
 of the powers vested in " such institution as may be necessary to 
 promote its best interests. (Me. VIII.) 
 No appropriation of public funds to be made to any school or in- 
 stitution of learning unless owned or controlled exclusively by 
 state or political subdivision thereof except (1) appropriation to 
 College of William and Mary may be continued; (2) provision 
 does not apply to payment of interest on certain bonds held by 
 certain schools and colleges under act of February 23, 1892; (3) 
 counties, cities, towns and districts may make appropriations to 
 non-sectarian schools of manual, industrial or technical training 
 as well as to schools owned or exclusively controlled by local 
 
 public authorities. (Va. IX 141.) 
 General appropriation bill shall include appropriations for support 
 
 of educational interests of the state. (Ga. Ill Sec. VII 9.) 
 For educational purposes not to be made to any person, corporation 
 or community not under absolute control of state. (Ala. IV 73; 
 Colo. V 34; Mont. V 35; N.M. IV 31; Pa. Ill 17, 18; Wyo. Ill 36.) 
 Credit or money of the state not to be given to any association or 
 incorporation or private undertaking except legislature may make 
 provision for the education and support of the blind, deaf and 
 dumb and juvenile delinquents and limitation does not apply to 
 fund or property held by state for educational purposes. (N.Y. 
 
 VIII 9.)
 
 Index Digest 541 
 
 EDUCATION (Cont'd) 
 
 Appropriations ( Con t 'd I 
 
 No county, township, city or other municipality to make appropria- 
 tion or donation to or in aid of any college or institution of 
 learning or other institution whether created for or to be eon- 
 trolled by the state or others. (Mo. IX 6.) 
 No more than 4 per cent, of moneys raised or appropriated for 
 public schools shall be used otherwise than for teachers' salaries 
 except operation of this section is suspended by two-thirds vote of 
 
 eacfc house. (Ala. XIV 261.) 
 Donations for support of public schools or other educational pur- 
 poses may be received by legislature and applied according to 
 terms prescribed by donors. (R.I. XII 3.) 
 All gifts for educational purposes if accepted by legislature to be 
 applied to same unless in conflict with constitution. (S.C. XI 10.) 
 For educational institutions not under absolute control of the state, 
 except normal schools established by law for training of public 
 school teachers, requires two-thirds vote of members elected to 
 
 each house. (Ala. IV 73.) 
 Boards of Education 
 
 For State Boards of Education, See belov\ this title. State Boards. 
 
 City Boards 
 
 Charters framed for cities of over 3,500 inhabitants may provide 
 
 for election or appointment of, and fix number, qualifications, 
 compensation and conditions of removal of members of. (Cal. 
 
 XI 8%.) 
 
 City and county of Denver shall alone always constitute school 
 
 district Xo. 1. Its afl'airs to be conducted by board of education. 
 
 constituted and elected as general school laws shall provide. 
 
 (Colo. XX 7.) 
 Powers of board of education in Chicago may be consolidated 
 with those of other present divisions of government in Chicago 
 in a new charter or government for the city subject to condi- 
 tion specified. (111. IV 34.) 
 In cities of first and second class their boards of education to 
 control apart from counties in which located. (Utah X 6.) 
 County Boards 
 
 Legislature shall provide for in each county. (Cal. IX 7.) 
 District Boards 
 
 School districts, when embraced wholly or in part within any 
 city, to have power by referendum vote to determine number 
 of members and organization of district board of education. 
 
 (Ohio VI 3.) 
 Parish Boards 
 
 Legislature shall provide for creation of. Said boards shall 
 elect a parish superintendent of public education, his quali- 
 fications to be fixed by legislature. He shall be ex officio sec- 
 retary of the parish board. Salary fixed by the legislature and 
 paid out of public school funds accruing to the parish. 
 
 (La. 250.)
 
 542 State Constitutions 
 
 EDUCATION (Cont'd) 
 
 Boards of Education (Cont'd) 
 Debt 
 
 See also below, this title, School Districts — Debt. 
 Not to incur indebtedness or liability exceeding in that year 
 income and revenue provided for such year without assent 
 of two-thirds of qualified electors voting at election held for 
 that purpose, nor unless before or at time of incurring pro- 
 vision made for collection of annual tax sufficient to pay 
 interest and also to constitute sinking fund for payment of 
 principal within 20 years from time of contracting; in- 
 debtedness or liability incurred contrary to this provision to 
 be void, but section not to be construed to apply to ordinary 
 and necessary expenses authorized by general laws of state. 
 
 (Ida. VIII 3.) 
 Not to lend or pledge credit or faith directly or indirectly to or 
 in aid of individual, association or corporation for any 
 amount or for any purpose whatever, or become responsible 
 for debt, contract or liability of any individual, association or 
 corporation in or out of state. (Ida. VIII 4.) 
 Indebted at time of admission of state authorized to provide 
 for payment by tax levy or bonds without reference to limits 
 imposed in constitution. (Okla. Sched. 25.) 
 Execution not to issue on judgment against board of education 
 or against any officer therein in his official capacity and for 
 " which the board of education is liable ; such judgment shall 
 be paid out of the proceeds of a tax levy and when so col- 
 lected shall be paid by the " county treasurer " to the judg- 
 ment creditor. (N.M. VIII 7.) 
 Membership Qualifications 
 
 Women with qualifications of male electors eligible as members 
 
 of. (N.M. VII 2.) 
 
 Common Schools 
 
 Establishment and Support 
 Appropriations 
 
 See also below, this title, Funds, and above, this title, Ap- 
 propriations. 
 Appropriations for included in general appropriation bill. 
 (Ala. IV 71; Ariz. IV 20: La. 55; Miss. IV 69; Mont. 
 V 33: N.M. IV 16; N.D. II 62; S.D. XII 2.) 
 Third item in list of seven objects for which legislature 
 must make provision in order named in general appro- 
 priation bill before making appropriation for other 
 
 purposes. (Mo. IV 43.) 
 If taxable property should be segregated and objects liable 
 to state tax and those liable to local taxes named, legis- 
 lature may then provide for fixed appropriations not less 
 than constitution prescribes for support of schools. 
 
 (Va. 135.)
 
 Index Digest 543 
 
 EDUCATION (Cont'd) 
 
 Common Schools (Cont'd) 
 
 Establishment and Support (Cont'd) 
 In General 
 
 Legislature shall establish and maintain general, thorough, 
 uniform and efficient system of free common or publio 
 schools. (Ariz. XX 7, XI 1; Ark. XIV 1; Del. X 1; 
 Fla. XII 1; Ga. VIII Sec. I; Ida. IX 1; 111. VIII 1; Ind. 
 VIII 1; Kan. VI 2; Ky. 183; Md. VIII 1; Mich. XI 9; 
 Minn. VIII 1 ; Miss. VIII 201; Mont. XI 1, Ord. I 4; Nebr. 
 
 VIII 6; Nev. XI 1; X.M. XII 1, XXI 4; X.J. VII 6; N.Y. 
 
 IX 1; N.D. VIII 147, 14S; Okla. I 5, XIII 1; Ore. VIII 3; 
 Pa. X 1; S.C. XI 5; S.D. VIII 1, XXII, XXIV 18 (4); 
 Tex. VII 1; Utah X 1, 2, Ord. Ill; Va. IX 129; Wash. 
 IX 2, XXVI; W.Va. XII 1; Wyo. VII 1, Ord. 5.) 
 
 Legislature prohibited from passing any special, private 
 or local act for support of common schools. (La. 48; 
 Miss. IV 90, VIII 201; Mo. IV 53 (19); N.J. IV Sec. 
 VII 11; Okla. V 46; Ore. IV 23 (11); Pa. Ill 7; Tex. 
 
 Ill 56.) 
 
 Legislature to provide by taxation in addition to income 
 from school fund for thorough and efficient system of. 
 
 (Ohio VI 2.) 
 
 Legislature authorized and their duty to require towns to 
 make suitable provision at their own expense for support 
 and maintenance of public schools. (Me. VIII.) 
 
 Special existing provisions for public schools in Mobile 
 county to be retained and educational article of constitu- 
 tion only partially applicable. (Ala. XIV 270.) 
 
 City of New Orleans to make provision for its public 
 schools, and in addition to tax to continue to receive 
 from board of liquidation of the city debt the amounts 
 to which entitled under amendment of 1892 to the con- 
 stitution. (La. 255.) 
 Specified Ages 
 
 Legislature shall establish free school system for residents 
 of state, or all children or pupils between six and 21 
 (Ariz. XI 6; Ark. XIV 1; Colo. IX 2; Mont. XI 7.) 
 
 For all children six to 21. (N.C. IX 2; S.C. XI 5.) 
 
 For all children between six and 18 and in kindergartens 
 between four and six. (La. 248.) 
 
 For all children above six years of age. (Pa. X 1.) 
 
 For all children five to 18. (N.J. VII 6.) 
 
 For all children four to 20. (Wis. X 3.) 
 
 For all persons six to 20. (Mo. XI 1.) 
 
 For persons between five and 21. (Miss. VIII 201; Nebr. 
 
 VIII 6.) 
 
 For all children seven to 21. (Ala. XIV 256.) 
 
 For all children of school age. (N.M. XII 1.)
 
 544 State Constitutions 
 
 EDUCATION (Cont'd) 
 
 Common Schools (Cont'd) 
 
 Establishment and Support (Cont'd) 
 
 Number of Schools and Length of School Term 
 
 One or more in each school district at least three months 
 
 each year. (Colo. IX 2.) 
 One in each district at least six months a year after first 
 year in which a school has been established. (Cal. IX 5.) 
 Provision shall be made for local school taxes and public 
 schools be maintained for at least five months each year 
 in every school district. (N.M. XII 4.) 
 No part of additional local county, city, town or school dis- 
 trict taxes for school purposes to be devoted to establish- 
 ment of schools of higher grade until primary schools 
 are maintained for at least four months of the school 
 
 year. (Va. IX 136.) 
 One in every school district for at least six months each 
 
 year. (Ariz. XI 6; Nev. XI 1.) 
 
 Competent number of schools ought to be maintained in each 
 
 town, and one or more grammar schools, incorporated and 
 
 properly supported in each county of the state, and 
 
 institutions of learning encouraged. (Vt. II 64.) 
 
 Legislature shall make provision for thorough and efficient 
 
 system of in each township of state. (Minn. VIII 3.) 
 A school in each district for at least four months every 
 
 year. (Miss. VIII 205.) 
 
 In every school district for five months of each year with 
 
 loss of share in school interest funds for school districts 
 
 not complying. (Mich. XI 9.) 
 Instruction in Specified Subjects 
 
 Instruction to be given to inculcate vital importance of truth- 
 fulness, temperance, purity, public spirit and respect for honest 
 labor of every kind. (N.D. VIII 149.) 
 Metric system to be taught in. (Utah X 11.) 
 Legislature shall provide for teaching of elements of agriculture, 
 horticulture, stock raising and domestic science. (Okla. 
 
 XIII 7.) 
 All instruction to be given in English language. (Ariz. XX 7; 
 
 Mich. XI 9; N.M. XXI 4.) 
 To be conducted in English but teaching of other languages per- 
 missible. (Okla. I 5.) 
 To be conducted in the English language except in parishes and 
 localities where French predominates that language may be 
 taught if no additional expenses are incurred. (La. 251.) 
 Legislature to provide for training of teachers so that they may 
 become proficient in both English and Spanish languages to 
 qualify them to teach Spanish-speaking pupils, and shall pro- 
 vide means and methods to facilitate teaching of English 
 language and other branches of learning to such pupils and 
 students. No amendment to constitution to affect this pro-
 
 I.NDKX Dili F.ST 545 
 
 EDUCATION (Cont'd) 
 
 Common Schools (Cont'd) 
 
 Instruction in Specified Subjects (Cont'd) 
 
 vision, unless proposed by vote of three-fourths of members 
 elected to each house and ratified by vote of people in state in 
 election at which at least three-fourths of electors voting in 
 whole state and at least two-thirds of those voting in each 
 county in state, shall vote for amendment. (N.M. XII 8, 
 
 XIX 1.) 
 Management 
 
 Sectarian control of common schools prohibited. (Ariz. XX 7; 
 Mont. Ord. I 4; NJH. II 82; N.M. XXI 4; N.D. VIII 147; 
 Okla. I 5; S.D. XXVI 18 (4) ; Utah X 1, Ord III; Wis. X 
 
 3; Wyo. Ord 5.) 
 Legislature prohibited from passing any special, private or local 
 act for management of common schools. ( Cal. IV 25 ; Colo, 
 V 25; Ida, III 19; 111. IV 22; Ky. 59 (25); La, 48; Minn. 
 IV 33; Miss. IV 90; Mo. IV 53 (19) ; Nebr. Ill 15; N.J. IV 
 Sec. VII 11; N.M. IV 24; N.D. II 69 (12) ; Okla. V 46; Pa. 
 HI 7; S.D. Ill 23 (10); Tex. Ill 56; Utah VI 26 (17); 
 Wash. II 2S (15); Wyo. Ill 27.) 
 Legislature authorized to pass laws for management and control 
 
 of schools in school districts. (Tex. VII 3.) 
 Power to make rules and regulations with force of law vested 
 in state board of education, legislature reserving right to 
 revise, amend or repeal. (Va. IX 132.) 
 No religious test for teachers or students in public schools or 
 public educational institutions of the state. (Ariz. XI 7, XX 
 7; Colo. IX 8; Ida. IX 6; Mont. XI 9; N.M. XII 9; Utah 
 
 X 12; Wyo. VII 12.) 
 Scope of System 
 
 See also above, this subdivision, Establishment and Support 
 — Specified Ages, and below, this title, Special Schools, 
 Colleges and Universities. 
 Legislature at its first session shall provide a uniform system 
 of free public schools from the primary grades to and includ- 
 ing normal and collegiate course. (N.D. VIII 148.) 
 To include common schools, high schools, normal schools and 
 
 technical schools. (Wash. IX 2, XXVI.) 
 Includes kindergartens, common schools of primary and gram- 
 mar grade, high schools, an agricultural college, a university 
 and such other schools as legislature may establish. (Utah 
 
 X 2.) 
 Legislature to establish uniform system of common schools and 
 schools of higher grade embracing normal, preparatory, col- 
 legiate and university departments. (Kan. VI 2.) 
 Includes kindergarten, common, high, normal, industrial schools, 
 and a university to include agricultural college, school of 
 mines, and technical schools until separately established by 
 
 state. (Ariz. XI 1.) 
 
 18
 
 546 State Constitutions 
 
 EDUCATION (Cont'd) 
 
 Common ScnooLs (Cont'd) 
 Scope of System (Cont'd) 
 
 Legislature may establish different grades of schools from 
 
 primary to university. (Nev. XI 5.) 
 Legislature shall establish and maintain complete and uniform 
 
 system of public schools including free elementary schools, 
 
 a university with technical and professional departments, 
 
 and other institutions as may be necessary. (Wyo. VII 1.) 
 Public school system shall include day and evening elementary 
 
 schools and such day and evening secondary schools, normal 
 
 and technical schools, as legislature, municipal or district 
 
 authority may establish. (Cal. IX 6.) 
 Organization, administration and control of to be prescribed by 
 
 law. (Ohio VI 3.) 
 Supervision 
 
 Vested in state board of education. (Colo. IX 1; Ida. IX 2; 
 
 Mo. XI 4; N.M. XII 6; Okla. XIII 5; Utah X 8; Va. IX 130.) 
 Supervision of and execution of school laws to be vested in 
 
 officers provided for by legislature. (Ark. XIV 4.) 
 Conduct and supervision of vested in state board of education, 
 
 state superintendent of public instruction, county school 
 
 superintendents and governing boards of state institutions as 
 
 provided by law. (Ariz. XI 2.) 
 Vested in superintendent. (Ala. XIV 262; S.C. XI 1; Wash. 
 
 Ill 22; W.Va. XII 2; Wyo. VII 14.) 
 Comptjxsory School Attendance 
 
 Exemption on Conscientious Grounds 
 
 No man shall be compelled to send his child to any school to 
 
 which he may be conscientiously opposed. (Ky. 5.) 
 General Provisions for 
 
 Legislature may require of every child of sufficient mental and 
 
 physical ability, for a time equivalent to three years, between 
 
 the ages of six and IS, unless educated by other means. 
 
 (Colo. IX 11; Ida. IX 9; Wyo. VII 9.) 
 Legislature may provide for. (Nev. XI 2.) 
 Every child of school age and of sufficient physical and mental 
 
 ability shall be required to attend public or other school for 
 
 period prescribed by law. (N.M. XII 5.) 
 Legislature shall provide for unless other means of education 
 
 are provided for all children in the state, sound in mind and 
 
 body within the ages of eight and 16 for at least three 
 
 months of each year. (Okla. XIII 4.) 
 Legislature may provide for between ages of eight and 12 
 
 except children weak in body or mind, or who can read or 
 
 write, or excused for cause by district school trustees or 
 
 attending private schools. (Va. IX 138.) 
 Legislature may enact that every child of sound mental and 
 
 physical ability between the ages of six and IS must 
 
 attend school not less than 16 months unless educated 
 
 by other means. (N.C. IX 15.) 

 
 Index Digest 547 
 
 EDUCATION (Cont'd) 
 
 Compulsory School Attendance (Cont'd) 
 
 General Provisions for (Cont'd) 
 
 May make attendance compulsory for every child not physically 
 
 or mentally disabled, unless educated by other means. ( Del. 
 
 X 1.) 
 Educational Institutions 
 
 For exemption of property of from taxation, See Taxation — Exemp- 
 tions. 
 For grants of state property to institutions generally and hence to 
 educational institutions, See "Public Property — Grants" and 
 " Public Property — Grants for Religious Purpose ". 
 Establishment and Support 
 
 None to be established other than those now existing, except by 
 vote of two-thirds of members elected to each house of legis- 
 lature. (La. GO.) 
 State may not engage in agriculture, except for educational 
 purposes and for support of educational institutions. (Okla. 
 
 II 31.) 
 
 Academies to share in residue of income from permanent fund, 
 
 for support, libraries and apparatus, after common school 
 
 needs supplied. (Wis. X 2.) 
 Incorporation 
 
 See also oeloio, this title, Special Schools, Colleges and Uni- 
 versities. 
 
 Legislature shall provide by general law for, but not pass any 
 special law for except as to a university or the public schools. 
 
 (Fla. Ill 25.) 
 
 Legislature prohibited from passing local or special laws to in- 
 corporate, not under control of state, or amend or extend 
 charters of. Prohibition does not apply to educational cor- 
 porations where terms of gift or will require special incor- 
 poration. Legislature shall provide by general laws for chang- 
 ing or amending existing charters, and for organization of 
 new corporations, and such law and all charters are subject 
 to repeal or alteration. Legislature may by two-thirds vote 
 of each house on concurrent resolution allow bill for special 
 charter to be introduced and passed as other bills. (S.C. Ill 
 
 34, IX 2.) 
 
 Legislature prohibited from passing special act conferring cor- 
 porate powers except for charitable, educational and reform- 
 atory purposes where corporations remain under patronage 
 and control of state. (Ark. XII 2.) 
 
 Educational corporations exempt from requirement to maintain 
 office or place of business in state. (Cal. XII 14.) 
 
 Prohibition of creation or change of charter by special law not 
 to apply to educational corporations which are to be and re- 
 main under patronage and control of the state. (111. XI 1; 
 
 Xebr. XIB 1.) 
 
 Prohibition of special legislation for creation of corporation or 
 amendment of charters not to apply to educational corpora- 
 tions, sustained in whole or in part by the state. (Del. IX 1.)
 
 548 State Constitutions 
 
 EDUCATION (Cont'd) 
 
 Educational Institutions (Cont'd) 
 Management 
 
 Sustained wholly or in part by state to be under control of board 
 of five trustees, with power in legislature to increase to nine, 
 appointed by governor, confirmed by senate, under rules and 
 restrictions provided by legislature. (S.D. XIV 3.) 
 Legislature may provide that members of board of regents of 
 State University and boards of trustees or managers of edu- 
 cational institutions may hold their respective offices for six 
 years, one-third elected or appointed every two years, vacancies 
 to be filled as provided by law. (Tex. XVI 30a.) 
 Board of visitors or trustees to be appointed as provided by law 
 for term of four years provided at first appointment at least 
 one-half of board shall be appointed for two years. (Va. 
 
 IX 142.) 
 Regents and trustees of to be appointed by governor with advice 
 
 and consent of senate. (Wash. XIII 1.) 
 Colleges, universities and other educational institutions for sup- 
 port of which lands have been granted to the state, or if 
 supported by public tax, shall be under absolute exclusive 
 control of state. (X.D. VIII 152.) 
 Student's Residence for Voting, See Elections — Qualifications and 
 
 Disqualifications of Electors. 
 Supervision 
 
 See also above, this title, Common Schools — Supervision. 
 Supervision of state educational institutions vested in state 
 board of education. (Ida. IX 2.) 
 Funds 
 
 Under this subhead are digested provisions relating to educational 
 funds generally and to school funds. For university funds, See 
 below, this title, State University. For school district funds, 
 See below, this title, School Districts. 
 For provisions relating to school taxes supplementing school funds, 
 See " Taxation — School Taxes ", " Taxation — Objects and 
 Kinds of Taxation — Poll Taxes ". 
 
 In General 
 Purpose 
 
 Principal from sale of lands or other property given the 
 state for educational purposes to be preserved inviolate 
 and undiminished and income to be faithfully applied to 
 those purposes. (Ala. XIV 257; Ohio VI 1.) 
 
 Money or property belonging to, or to state for benefit of 
 schools or universities not to be used for any other pur- 
 pose. (Ark. XIV 2.) 
 
 All lands, moneys or property received for school, college or 
 university purposes and the proceeds thereof, to be faith- 
 fully applied to those objects. (111. VIII 2.) 
 
 All donations for support of public schools or for other 
 purposes of education, received by general assembly to be 
 applied according to terms of gift. (R.I. XII 3.)
 
 Index Digest 549 
 
 EDUCATION [Cont'd) 
 Funds (Cont'd) 
 
 In General (Cont'd) 
 Purpose (Cont'd) 
 
 Funds of state for educational purposes, income only of 
 which to be used, deemed trust funds, to remain inviolate 
 and undiminished; pledged to purposes for which granted 
 and set apart, not to be transferred to any fund for other 
 
 uses. (Nebr. VIII 9.) 
 
 Lands, money or other property donated or received from 
 United States or other sources for university, agricultural 
 college, normal school or other educational institution or 
 purpose, and the proceeds thereof to remain perpetual 
 funds; interest and income together with rents of lands 
 as may remain unsold, to be inviolably appropriated for 
 objects specified; principal of such funds may be increased 
 but never diminished; to be deemed trust funds. (N.D. 
 
 IX 159; S.D. VIII 7.) 
 
 Capital of school fund together with capital of the literature 
 fund and capital of United States deposit fund to be 
 preserved inviolate. (N.Y. IX 3.) 
 Investment 
 
 All educational funds of state of which income only to be 
 used, only to be invested or loaned on United States or 
 state securities, or registered county or school district 
 bonds of state and such other securities as legislature 
 may from time to time direct. (Nebr. VIII 9.) 
 
 Moneys of the permanent school fund and other educational 
 funds to be invested only in bonds of school corporations 
 within state; United States bonds or bonds of North 
 Dakota or any first mortgages on farm lands in the state 
 not to exceed one-third of actual value; permanent school 
 and other educational funds to be invested only in bonds 
 of school corporations — counties, townships, municipal- 
 ities within state, of United States, of state or other 
 states, which have never repudiated debt, or first mortgage 
 on farm lands in state, not exceeding one-third of value 
 as determined by board of appraisal of school lands. 
 
 (N.D. IX 162, Amend. XIII.) 
 
 Moneys of permanent school fund and of other educational 
 funds to be invested only in first mortgages on good 
 improved farm lands within state, or in bonds of school 
 corporations in state, or bonds of United States, or of 
 state, or of any organized county, township or incorpo- 
 rated city in state, in manner to be prescribed by legis- 
 lature. Moneys designated for investment in farm mort- 
 gages or in bonds of school corporations, organized 
 counties, townships or incorporated cities, to be divided 
 among organized counties of state in proportion to 
 population as nearly as provisions of law to secure con- 
 tinuous investment may permit. Counties to hold and
 
 550 State Constitutions 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 In General (Cont'd) 
 
 Investment (Cont'd) 
 
 manage as trust funds, to remain accountable for 
 principal and interest and to make good any loss; to 
 invest in bonds of school corporations, counties, town- 
 ships or cities, or in first mortgages on good improved 
 farm lands within their respective limits. Amount of 
 each loan not to exceed one-third actual value of lands 
 to be determined by board of county commissioners. 
 Amount of loan to any one person, firm or corporation 
 not to exceed $5,000 and rate of interest not to be less 
 than 5 per cent. Any county having $1,000 which it can- 
 not loan may return same to state treasury to be in- 
 trusted to some other county. Each county to render an 
 account to state auditor semi-annually, and semi-annually 
 pay to state treasurer all interest due. Legislature may 
 provide that interest collected in excess of 5 per cent, by 
 counties may be retained by them in amount not to exceed 
 1 per cent, per annum. Legislature shall provide by law 
 for safe investment of permanent school and educational 
 funds, prompt payment of interest. The governor may 
 disapprove investment of proceeds of school lands, except 
 where intrusted to counties. (S.D. VIII 11, 12.) 
 Counties of state shall invest moneys of permanent school 
 and endowment funds in bonds of school corporation, 
 state,, county and municipal bonds or in first mortgages 
 on good improved farm lands within their respective 
 limits, under regulations prescribed by legislature, but 
 no farm loan in excess of $1,000 to be made to any one 
 person, firm or corporation. (S.D. XXVIII 1.) 
 
 State Guarantee 
 
 Guaranteed by state against loss. (Nebr. VIII 9; N.D. IX 
 
 159; S.D. VIII 7.) 
 All losses occasioned by defalcation, negligence, mismanage- 
 ment or fraud of officers managing, to be audited by state 
 authorities, and amount so audited to be a permanent 
 funded debt against the state in favor of fund sustaining 
 loss, upon which 6 per cent, annual interest shall be 
 paid, and amount of such indebtedness not to be counted 
 as part of indebtedness mentioned in constitution. (S.D. 
 
 VIII 13; Wash. IX 5.) 
 School Funds in General 
 
 Legislature not to pass special or local laws for preservation of 
 
 school funds. (Ind. IV 22; Ore. IV 23.) 
 To be kept inviolate and used only for purposes of education. 
 
 (Md. VIII 3.)
 
 Index Digest 551 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 School Funds in General (Cont'd) 
 
 All fines, penalties and forfeitures due or to become due or 
 accruing to the school fund shall inure to school fund in man- 
 ner prescribed by law. (Iowa XII 4.) 
 
 Permanent educational funds other than those arising from dis- 
 position of university lands shall be loaned on first mortgages 
 on improved farm lands within the state, on state, United 
 States, or school district bonds under regulations prescribed 
 by legislature. No loan to exceed one-third of market value 
 of lands exclusive of buildings. (Ida. IX 11.) 
 
 Proceeds of all lands granted by United States to this state, 
 not otherwise appropriated, all property now belonging to 
 any state fund for purpose of education, net proceeds of sale 
 of swamp land, all other gifts not otherwise appropriated by 
 terms of grant or by state, to be paid into treasury, and, 
 together with ordinary revenue of state set apart for that 
 purpose to be faithfully appropriated for establishing and 
 maintaining system of free public schools, and no other use. 
 
 (N.C. IX 4.) 
 
 Poll tax, any educational fund now belonging to state, except 
 endowment of and debt due University of Georgia, a special 
 tax on shows and exhibitions, and on sale of spirituous and 
 malt liquors which legislature is authorized to assess, pro- 
 ceeds of commutation tax for military service, all taxes on 
 ' domestic animals destructive to property are set apart and 
 devoted to support of common schools, and other schools of 
 state, " as to pupils taught in elementary branches of English 
 
 education". (Ga. VIII 3.) 
 
 General supervision of vested in state superintendent of schools. 
 
 (Kan. VI 1.) 
 
 Financial agents of same as by law receive and control state 
 and county revenues for other civil purposes. (Iowa IX Pt. 
 
 II 6.) 
 
 Legislature to provide for safe-keeping, transfer and disburse- 
 ments of state school funds, requiring bonds of officers. Any 
 conversion to personal use, loan or deposit except in name of 
 state, or use except as prescribed by law, of state funds to 
 constitute an embezzlement and to be a felony. (N.D. IX 165.) 
 
 Legislature shall provide by law for safe-keeping, transfer and 
 disbursement of, and for duties of officers charged with receipt 
 and payment of, and for punishment of embezzlement of as a 
 felony disqualifying guilty party from ever holding office in 
 state, provided legislature may remove disability by two- 
 thirds vote upon payment in full of principal and interest 
 of sum embezzled. (S.C. X 12.)
 
 552 State Constitutions 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 School Funds in General (Cont'd) 
 
 Legislature shall pass laws for the safe-keeping, transfer and 
 . disbursement of school funds, and officers required to give 
 ample security for same. Any embezzlement of school funds 
 shall be a felony, and any failure to pay over, produce or 
 account for state school funds on the part of officers entrusted 
 with same is prima facie evidence of embezzlement. (Minn. 
 
 IX 12.) 
 Permanent School Fund 
 Sources 
 
 Twenty-five thousand dollars of revenue of United States 
 deposit to be appropriated each year and made part of 
 capital of common school fund. (N.Y. IX 3.) 
 Proceeds of lands granted by United States for educational 
 
 purposes. (Colo. IX 5; Mo. XI 6.) 
 Same; except for university. (Ore. VIII 2; Wis. X 2.) 
 Proceeds of lands granted by United States for public 
 schools. (Ariz. XI S; Cal. IX 4; Fla. XII 4; Ida. IX 4 
 Ind. VIII 2; Iowa IX Pt, II 2; Kan. VI 3; Mich. XI 11 
 Minn. VIII 2; Mont. XI 2; Nebr. VIII 2; Nev. XI 3 
 N.M. XII 2; N.D. IX 153; Okla. XI 2; S.D. VIII 2; Utah 
 
 X 3; Va. IX 134; Wyo. VII 2.) 
 
 Five hundred thousand acre congressional land grant of 
 1841. (Cal. IX 4; Iowa IX Pt. II 2; Kan. VI 3; Nev. 
 
 XI 3; Ore. VIII 2; Wis. X 2.) 
 
 Percentages of sale of lands in state granted by Congress. 
 
 (Cal. IX 4; Iowa IX Pt. II 2; Kan. VI 3; Nebr. VIII 3; 
 
 Nev. XI 3; N.D. IX 153; Okla. XI 2; Ore. VIII 2; S.D. 
 
 VIII 2; Utah X 3; Wash. IX 3; Wis. X 2; Wyo. VII 2.) 
 
 Swamp land fund. (Tnd. VIII 2; Minn. VIII 2.) 
 
 Money from sale of certain lands granted by United States 
 
 in excess of amounts required for purposes specified to be 
 
 paid into permanent school fund. (N.M. IX 4.) 
 
 Proceeds of grants of land, object not, specified. (Nefcr. 
 
 VIII 3; N.M. XII 2; Wis. X 2; Wyo. VII 2.) 
 Sales of timber, mineral or other property from school and 
 state lands not granted for specific purposes. (Utah X 3; 
 
 Wash. IX 3.) 
 Damages recovered from trespassers on school or state lands. 
 
 (Wash. IX 3.) 
 Money from distribution of direct tax under act of Decem- 
 ber 24, 1891. (Ky. 188; S.C. XI 11.) 
 Twenty-five per cent, of sales of public lands owned by state. 
 
 (Fla. XII 4.) 
 All funds, lands and property heretofore set apart for pub- 
 lic schools, all alternate sections of lands reserved by 
 state in grants to railroads, etc., one-half of public domain 
 and all sums from sale of same shall constitute. (Tex. 
 
 VII 2, 5.)
 
 I.mik.v Digest 553 
 
 EDUCATION (Cont'd) 
 Funds {Cont'd) 
 
 Permanent School Fund (Con I'd) 
 Sources (Cont'd) 
 
 All other gifts and bequests for educational purposes. (Ala. 
 XIV 25S; Ariz. XI 8; Colo. IX 5; Ida. IX 4; Mich. XI 
 11; Mo. XI 6; Nev. XI 3; W.Va. XII 4.) 
 Gifts for public schools. (N.D. IX 153; Okla. XI 2; Ore. 
 
 VIII 2; S.D. VIII 2; Wash. IX 3.) 
 Property otherwise acquired for common schools. (N.D. IX 
 
 153; S.D. VIII 2.) 
 
 Gifts to. state, purpose not specified. (Fla. XII 4; Ind. 
 
 VIII 2; Mo. XI 6; N.M. XII 2; N.D. IX 153; Ore. VIII 
 
 2; S.C. XI 11; S.D. VIII 2; Wash. IX 3; W.Va. XII 4; 
 
 Wyo. VII 3.) 
 Unclaimed shares and dividends of corporations. (Ariz. 
 
 XI 8; Ida. IX 4; Mo. XI 5; Mont. XI 2; Nebr. VIII 3; 
 
 Utah X 3; Wyo. VII 2.) 
 Escheated estates. (Ala. XIV 258; Ariz. XI 8; Cal. IX 4; 
 
 Colo. IX 5; Fla. XII 4; Ida. IX 4; Ind. VIII 2; Iowa IX 
 
 Pt. II 2; Kan. VI 3; Md. VIII 2; Mo. XI 2; Mont. XI 2; 
 
 Nebr. VIII 3; Nev. XI 3; N.D. IX 153; Okla. XI 2; Ore. 
 
 VIII 2; S.C. XI 11; S.D. VIII 2; Utah X 3; Va. IX 134; 
 
 Wash. IX 3; W.Va. XII 4; Wis. X 2; Wyo. VII 2.) 
 Unclaimed distributive shares of estates. (Wyo. VII 2.) 
 Net assets of estates or copartnerships in hands of courts, 
 
 where no claimants from last 70 years. (S.C. XI 
 
 11.) 
 
 Payment for exemption from military duty. (Ore. VIII 2; 
 W.Va. XII 4; Wis. X 2.) 
 
 Fines. (Ind. VIII 2; Nev. XI 3; Va. IX 143-; Wis. X 2.) 
 
 Forfeitures. (Ind. VIII 2; Nebr. VIII 3; Va. IX 134; 
 Wash. IX 3; W.Va. XII 4; Wis. X 2.) 
 
 Waste, and unappropriated lands. (Va. IX 134; W.Va. 
 
 XII 4.) 
 
 Funds accumulated in treasury with no provision for dis- 
 bursement. (Wash. IX 3.) 
 
 Surplus revenue fund, saline fund and lands belonging 
 thereto, bank tax fund, certain state bank fund, fund 
 from sale of county seminaries and funds and property 
 
 thereof. (Ind. VIII 2.) 
 
 Appropriation by state. (Ala. XIV 258; Fla. XII 4; R.I. 
 
 XII 2; S.C. XI 11; Va. IX 134; Wash. IX 3; W.Va. 
 
 XII 4.) 
 All funds now belonging to common school fund. ( Nebr. 
 
 VIII 3; Wyo. VII 2.) 
 
 Funds for support of free schools and all money, stock and 
 
 other property hereafter appropriated for that purpose 
 
 ox received into treasury under any law passed to augment 
 
 fund. (N.J. IV Sec. VII 6.)
 
 554 State Constitutions 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 Permanent School Fund (Cont'd) 
 Sources (Cont'd) 
 
 State bond for $1,327,000 favor of state board of education. 
 
 Stock of bank of Kentucky. (Ky. 184.) 
 State bonds, refunding warrants held by school fund, in 
 amount equal to principal of such warrants, to be regis- 
 tered by state auditor and state treasurer in name and 
 for benefit of and payable only to fund and not to be 
 
 transferable. (Colo. XI 3.) 
 Any portion of interest or income of " perpetual school 
 fund " not expended during any year shall be added to 
 and become a part of said fund. (Wyo. XVIII 6.) 
 Taxes on property of corporations assessed for school pur- 
 poses. (Ind. VIII 2.) 
 Conditions 
 
 All states provide that income is to he used for support of 
 
 common or public scliools. 
 To remain inviolate. (Colo. IX 3; Fla. XII 5; Ida. IX 3; 
 Kan. IV 3; Mich. XI 11; Mo. XI 6; Mont. XI 3; Nebr. 
 VIII 3; N.D. IX 153; Ore. VIII 2; S.D. VIII 2.) 
 May be increased but not diminished. (Ind. VIII 3.) 
 To be deemed trust funds to be kept inviolate and un- 
 diminished. (Wyo. VII 6.) 
 To be trust fund, principal may be increased but not 
 
 diminished. (N.D. IX 153; S.D. VIII 2.) 
 To be trust fund, may be increased but never diminished; 
 
 no portion to be diverted to other use. (Okla. XI 2.) 
 Not to be used for other than school purposes. (Fla. XII 
 
 13.) 
 No part to be transferred or used for other purpose. (Colo. 
 
 IX 3.) 
 Legislature not to borrow or use for any other purpose. 
 
 (Conn. VIII 2; N.J. IV Sec. VII 6.) 
 Pledged for educational purposes, not to be diverted to any 
 
 other fund. (Nev. XI 3.) 
 Not to be diminished; no part to be diverted to any other 
 
 use (than support of schools). (Tenn. XI 12.) 
 No money or property belonging to the public school fund, 
 or to this state for the benefit of schools ever to be used 
 for other purpose. (Ark. XIV 2.) 
 Legislature not to divert or borrow, appropriate or use for 
 other purpose than support of public schools. (R.I. XII 
 
 2, 4.) 
 Management 
 
 Legislature has control and management of educational 
 
 and school fund. (Iowa IX Pt, II 1.) 
 Legislature to invest funds when not previously entrusted 
 
 to counties. (Ind. VIII 4.)
 
 Ls?dex Digest 555 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 Permanent School Fund (Cont'd) 
 Management (Cont'd) 
 
 Comptroller to invest. (Tex. VII 4.) 
 
 State treasurer to be custodian of fund. (Colo. IX 3; Ida. 
 
 IX 3.) 
 
 Management and investment of school funds vested in state 
 
 board of education. (Fla. XII 3; Miss. VIII 203; Va. 
 
 ■IX 132.) 
 Board of school fund to consist of governor, superintendent 
 of free schools, auditor and treasurer to manage under 
 regulations prescribed by law. ( W.Va. XII 4. ) 
 Govertior, secretary of state and state treasurer, board of 
 commissioners to invest funds from sale of school and 
 university lands; powers and duties to be prescribed by 
 
 law. (Ore. VIII 5.) 
 Superintendent of public instruction, governor, attorney- 
 general, secretary of state and state auditor constitute 
 board of university and school lands; to direct invest- 
 ment of funds arising from sale of lands. (N.D. IX 156.) 
 State superintendent of public instruction, secretary of state 
 and attorney-general constitute board of commissioners 
 for management and investment of school funds. Any 
 two a quorum. (Kan. VI 9.) 
 Secretary of state, treasurer and attorney-general constitute 
 board of commissioners for investment of funds arising 
 from sale of school and university lands. Any two a 
 
 quorum. (Wis. X 7.) 
 Valuation 
 
 Value and amount of free school fund to be ascertained and 
 
 published. (Conn. VIII 2.) 
 Investment 
 
 To be securely invested. (N.J. VII 6; R.I. XII 2; S.C. 
 
 XI 11.) 
 To be securely and profitably invested. (Colo. IX 3.) 
 Fund to be securely and profitably invested as by law 
 
 directed. (Ida. IX 3.) 
 
 To be invested as legislature shall provide. (Wis. X 7.) 
 
 To be invested in public securities in state. (Mont. XI 3.) 
 
 Proceeds of sale of school lands to be invested in United 
 
 States bonds or bonds of state of Texas or counties of 
 
 such state under restrictions prescribed by law. (Tex. 
 
 VII 4.) 
 To be securely invested; no part to be invested in stocks 
 or bonds of any other state or of any county, city, town 
 or corporation. Proceeds of sales of lands belonging to 
 fund to be invested in bonds of the state of Missouri or 
 of the United States. (Mo. XI 6, 9.)
 
 556 State Constitutions 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 Permanent School Fund (Cont'd) 
 Investment (Cont'd) 
 
 To be invested and loaned only on bonds issued by 
 school districts, registered county bonds of state, or state 
 securities of this state or United States. (Wyo. VII 6.) 
 
 In interest-bearing securities of United States, of this state, 
 or if not obtainable, in interest-bearing securities ap- 
 proved by board of school fund consisting of governor, 
 superintendent of free schools, auditor and treasurer. 
 
 (W.Va. XII 4.) 
 
 May not be loaned to private persons or corporations but 
 may be invested in national, state" county or municipal 
 or school district bonds. (Wash. XVI 5.) 
 
 In bonds of state or territory of New Mexico, or of any 
 county, city, town, board of education, or school district 
 therein, though legislature may by three-fourths vote of 
 membership of both houses provide for investment in 
 other interest-bearing securities. All bonds or other 
 securities for investment of any portion of, must be 
 approved by governor, attorney-general and secretary of 
 
 state. (N.M. XII 7.) 
 
 Not to be loaned to private persons or corporations but 
 may be invested in national, state, county, municipal or 
 school district bonds. (Wash. XVI 5.) 
 
 Permanent school funds may be loaned at 5 per cent, in- 
 terest to counties or school districts for erection of school 
 buildings upon approval by board consisting of governor, 
 state auditor, state treasurer, provided loan does not 
 exceed 3 per cent, of the assessed valuation of the real 
 estate of the school district, and provided the necessary 
 tax is levied to meet the accruing interest or principal. 
 May be invested in bonds of any county, school district, 
 city, town or village of the state when approved by 
 board of commissioners and provided indebtedness so 
 incurred does not exceed 15 per cent, of assessed valua- 
 tion, interest rate not less than 3 per cent, and loan is 
 made for term not less than five nor more than 20 years. 
 
 (Minn. VIII 2, 5, G.) 
 
 Legislature shall provide for sale of floating land warrants 
 to cover lands belonging to, and for investment of pro- 
 ceeds in United States bonds, state bonds of Nevada or 
 other states, or county bonds in Nevada. Only interest 
 of proceeds to be used and surplus of to be added to 
 
 principal. (Nev. XI 3.) 
 
 In first mortgages on farm lands in the state. Not more 
 than 50 per cent, of the reasonable valuation of said 
 lands without improvements to be loaned, also in Okla- 
 homa state bonds, county bonds, school district bonds,
 
 Index Digest 557 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 Permanent School Fund (Cont'd) 
 Investment (Cont'd) 
 
 and United States bonds, preference in order named. 
 Legislature to provide rules and regulations for said 
 
 investments. (Okla. XI 6.) 
 Rate of interest on " Chickasaw School Fund " and other 
 trust funds for educational purposes to be 6 per cent. 
 from and after close fiscal year 1891 as long as state 
 holds these funds; interest to be paid semi-annually May 
 and November. (Miss. VIII 212.) 
 Debt due by state to the free school fund fixed by constitu- 
 tion of 1S79 and 1898 at $1,130,867.51 being proceeds 
 of the sales of lands granted by the United States for 
 school purposes shall remain a perpetual loan to the state 
 upon which the state shall pay to the several townships 
 entitled to the same annual interest at the rate of 4 per 
 
 cent. (La. 258.) 
 
 Legislature shall make provision for payment of interest 
 
 on school fund, may sell stock of Kentucky bank but 
 
 proceeds to be invested by sinking fund commissioners. 
 
 (Ky. 185.) 
 State Guarantee 
 
 Guaranteed by state against loss. (Colo. IX 3; Ida. IX 3; 
 Mont. XI 3; N.M. XII 7; N.D. IX 153; Okla. XI 2; S.D. 
 VIII 2; Utah X 7; Wyo. VII 6.) 
 State to be responsible for investment of school fund. (Tex. 
 
 VII 4.) 
 All losses to the permanent school fund occasioned by 
 defalcations, mismanagement or otherwise, when prop- 
 erly audited to be a permanent funded debt to the credit 
 of the respective fund, to bear interest at 6 per cent, 
 amount of such liability not included in limit of indebted- 
 ness prescribed in article VII, section 2. (Iowa VII 3.) 
 
 Current School Fund 
 
 Sources and Purposes 
 
 Income from permanent school fund with other funds pro- 
 vided by law. (Ariz. XI S; Utah X 3; Wyo. VII 7.) 
 Out of general tax and state revenues to be set apart 
 moneys for support of public school system and state 
 
 university. (Cal. XIII 14e.) 
 Interest of perpetual school fund, rents of unsold lands, 
 and such other means as legislature may provide, to be 
 inviolably appropriated for support of common schools. 
 Entire revenue from state school fund and general state 
 school tax to be applied exclusively to support of day 
 and evening elementary schools. Legislature may author- 
 ize special state school tax for support of day and even-
 
 558 State Constitutions 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 Current School Fund (Cont'd) 
 
 Sources and Purposes (Cont'd) 
 
 ing secondary and technical schools included in public 
 school system, provided proceeds of special tax are ap- 
 plied exclusively to support of schools for which it is 
 
 levied. (Cal. IX 4, 6.) 
 
 Interest of permanent fund to be expended in maintenance 
 of schools. Certain state bonds, funding warrants held 
 by permanent fund, ecpial to interest due thereon, to be 
 sold by state treasurer at not less than par and accrued 
 interest, and proceeds to be paid into current school 
 
 fund. (Colo. IX 3, XI 3.) 
 
 Legislature to appropriate annually not less than $100,000 
 to be added to income from investment of public school 
 fund, to be used exclusively for teachers' salaries and free 
 text-books. All other expenses connected with main- 
 tenance of schools to be defrayed as provided by law. 
 
 (Del. X 2, 4.) 
 
 Interest of permanent school fund to be exclusively applied 
 to support of free public schools. Proceeds of school dis- 
 trict tax not over 3 mills on dollar authorized by legis- 
 lature and approved by majority of taxpaying voters of 
 district may be used for building and repairing school- 
 houses, purchase of school libraries and text-books, salaries 
 of teachers or for other educational purposes, so that dis- 
 tribution among all the schools of district be equitable. 
 
 (Fla. XII 4, 7, 11.) 
 
 Interest of permanent fund only to be expended in main- 
 tenance of schools. (Ida. IX 3.) 
 
 Interest of perpetual funds, rents of lands belonging thereto, 
 together with such other means as legislature may pro- 
 vide to be inviolably appropriated for support of common 
 
 schools. (Kan. VI 3.) 
 
 Interest and dividends of permanent fund, together with 
 any sum produced by taxation or otherwise for purposes 
 of common school education, to be used for common 
 schools and no other purposes. (Ky. 184.) 
 
 Proceeds of school taxes, interest on proceeds of aud revenue 
 from unsold public lands granted by United States for 
 schools, " of lands and other property given to state for 
 school purposes ", " all property, except unimproved lands 
 given to state not designated for any other purpose ", 
 proceeds of vacant estates falling to state. Legislature 
 may appropriate thereto proceeds of public lands not set 
 aside for any other purpose. Surplus of Confederate 
 pension fund. (La. 254, 255, 303.) 
 
 Moneys raised by taxation in towns and cities for support 
 of public schools and appropriated by state for support
 
 Index Digest 559 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 Current School Fund (Cont'd) 
 
 Sources and Pwrposes (Cont'd) 
 
 of public schools to be applied to and expended in no other 
 schools than those conducted according to law unuer 
 school authorities in town or city in which money is 
 
 expended. (Mass. Amend. XVIII.) 
 
 All subjects of taxation contributing to primary school in- 
 terest fund to continue to contribute to that fund and to 
 be applied in payment of interest upon primary school, 
 university and other educational funds in the order 
 named, surplus to be added to primary school interest 
 fund. Interest on clear proceeds of sale of escheated 
 estates to be appropriated exclusively to the support of 
 primary schools. (Mich. X 1, XI 12.) 
 
 Income from perpetual fund, one-half income of swamp land 
 fund, and legislature to provide by taxation or otherwise 
 so that with income from school fund a thorough and 
 efficient system of schools shall be established in each 
 township of state. (Minn. VIII 2, 3.) 
 
 State common school fund taken from general fund in 
 treasury, to be sufficient, together with county fund, to 
 maintain common schools for four months each school 
 
 year. (Miss. VIII 206.) 
 
 Annual income of permanent school fund, together with 
 whatever of ordinary revenue state may set apart to be 
 appropriated for free public schools and the state uni- 
 versity as provided for. If income not sufficient, legisla- 
 ture must supplement so as to have a free public school in 
 each district for at least four months in each year. At 
 least 25 per cent, of state revenue exclusive of interest 
 and sinking fund, to be applied annually to support 
 
 schools. (Mo. XI 6, 7.) 
 
 Duty of legislature to provide by taxation to supplement 
 school fund so as to maintain a free public school in each 
 organized district for at least three months in each year. 
 
 (Mont. XI 6.) 
 
 All gifts, not otherwise appropriated by their terms, and 
 interest arising from perpetual funds, and rents from 
 unsold school lands and such other means as legislature 
 may provide, to be exclusively applied to common schools 
 in each school district in the state. (Nebr. VIII 4.) 
 
 Legislature to provide a special tax not to exceed 2 mills 
 on dollar of all taxable property in state, in addition 
 to other means provided for support and maintenance of 
 university and common schools. (Nev. XI 6.) 
 
 Income of permanent fund, except when used to increase 
 the capital, to be appropriated annually and legislature 
 to provide for support of free public schools. (N.J. IV 
 
 Sec. VII 6.)
 
 560 State Constitutions 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 Current School Fund (Cont'd) 
 
 Sources and Purposes (Cont'd) 
 
 Moneys from rentals of certain lands in excess of amounts 
 required for purposes specified to be paid into current 
 school fund. Current consists of: Fines, forfeitures, net 
 proceeds of escheated estates, rentals of school lands and 
 of other lands disposition of which is not specified and 
 income from permanent school fund. Legislature shall 
 levy, collect and add an annual tax for school purposes. 
 
 (N.M. IX 4, XII 4.) 
 
 Revenue of school fund to be applied to support of common 
 schools; of literature fund to support of academies. 
 
 (N.Y. IX 3.) 
 
 Interest and income of permanent school fund with net 
 proceeds of fines for violation of state laws and all other 
 sums which may be added thereto by law to be faithfully 
 applied each year for the common schools. (N.D. IX 
 
 154.) 
 
 Taxes collected for maintenance of common schools levied 
 upon property of railroad, pipe lines, telegraph com- 
 panies or public service corporations operating in more 
 than one county shall be paid into common school fund 
 and distributed as other " common school funds of the 
 state ". Interest and income of permanent school fund 
 and net income from leasing of public lands granted 
 by the United States for benefit of common schools to- 
 gether with any revenues derived from school taxes and 
 any other sums which may be added thereto by law shall 
 be used and applied each year for the benefit of the 
 common schools and no jart of fund shall be diverted 
 from this purpose. (Okla. X 12a, XI 3.) 
 
 Legislature to make an appropriation of at least $1,000,000 
 each year for public schools. (Pa. X 1.) 
 
 After December 31, 1S9S, legislature to levy annually a tax 
 in addition to poll tax and county commissioners' tax 
 sufficient to keep schools open throughout state for such 
 time as legislature may prescribe, added to annual income 
 of state school fund. Net income from sale of licenses to 
 sell liquors, not including that which goes by law to 
 counties or municipal corporations, to go first to make 
 up deficiencies whenever supplementary tax for schools 
 becomes necessary, and any surplus, after deficiencies are 
 met, to be devoted to public schools. (S.C. XI 6, 11, 
 
 12.) 
 
 Interest and income of permanent school fund, together 
 with net proceeds of fines for violation of state laws, and 
 all other sums added thereto by law to be applied each 
 year for benefit of public schools. No part of princi-
 
 Ixdex Digest 561 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 Current School Fund (Cont'd) 
 
 Sources and Purposes (Cont'd) 
 
 pal or interest to be diverted to any other purpose than 
 maintenance of public schools. (S.D. VIII 2, 3.) 
 
 All interest derivable from permanent school fund and 
 taxes authorized and levied for schools to be available 
 school fund to which legislature may add 1 per cent. 
 annually of total value of permanent school fund; such 
 value to be ascertained by board of education until other- 
 wise provided by law, to be used for no other purpose 
 than support of schools. One-fourth of revenue from 
 state occupation and poll tax to be appropriated annually 
 for free public schools. (Tex. VII 3, 5.) 
 
 Legislature to apply annual interest on literary fund and 
 that portion of capitation tax paid into state treasury 
 and not returnable to counties and cities, and an annual 
 tax on property not less than 1 nor more than 5 mills 
 to schools of primary and grammar grades. . (Va. IX 135.) 
 
 Interest of permanent school fund, together with all rentals 
 and revenues from land or property of, and state tax for 
 common schools, to be applied exclusively to current use 
 of common schools. (Wash IX 2, 3.) 
 
 All money to credit of permanent fund over $1,000,- 
 000, together with interest on fund, all money and 
 taxes formerly payable to permanent fund, net proceeds 
 of all forfeitures and fines accruing to state, state capi- 
 tation tax, general taxation and local taxes to be pro- 
 vided for by legislature. ( W.Va, XII 5, School Fund 
 
 Amend. 1902.) 
 
 Interest of permanent fund and all other revenues derived 
 from school lands, and tax which must be raised an- 
 nually by each town and city of not less than one-half 
 amount received by each town and city for school pur- 
 poses from income of school fund. (Wis. X 2, 4.) 
 
 Apportionment 
 
 See also below, this title. Sectarian Institutions. 
 
 Legislature not to pass private or special law to authorize 
 apportionment of. (Wash. II 28; Wis. IV 31.) 
 
 To be apportioned among counties in proportion to number 
 of children of school age therein ; and as nearly as prac- 
 ticable to provide school terms of equal duration in such 
 school districts or townships. (Ala. XIV 256.) 
 
 Apportioned to counties on basis of number of pupils of 
 school age. (Ariz. XI 8; Tex. VII 5.) 
 
 Distribution among counties and school districts as pre- 
 scribed by law. (Colo. IX 3; Ida. TX 3.) 
 
 Equitably among school districts. (Del. X 2.)
 
 562 State Constitutions 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 Current School Fund (Cont'd) 
 Apportionment (Cont'd) 
 
 Legislature shall provide for distribution among counties 
 in proportion to average attendance upon schools in said 
 
 counties. (Fla, XII 7.) 
 
 Money subject to support and maintenance of common 
 schools to be distributed to districts in proportion to 
 number of children between age of five and 21 as pro- 
 vided by law. (Iowa IX Pt. II 7.) 
 
 Each county's share based on census of pupil children. No 
 distinction in distribution on account of race or color. 
 
 (Ky. 186, 187.) 
 
 All funds raised by state for support of public schools, 
 except poll taxes, to be distributed to each parish in pro- 
 portion to number of children between ages of six and 
 
 18. (La. 24S.) 
 
 Income from lease or sale of school lands to be distributed 
 to the townships in proportion to the number of scholars 
 between five and 21 years of age. (Minn. VIII 2.) 
 
 Xo school district to receive any portion of current school 
 fund that does not maintain a free school at least three 
 months during the year. (Mo. XI 2.) 
 
 State common school fund to be distributed among several 
 counties and separate school districts in proportion to num- 
 ber educable children in each, to be determined from data 
 collected through office of state superintendent of educa- 
 tion in manner prescribed by law. (Miss. VIII 206.) 
 
 Equitably among school districts maintaining schools at 
 least three months. (Nebr. VIII 7.) 
 
 Interest of permanent, fund to be apportioned among 
 counties as provided by law. (Xev. XI 3.) 
 
 Current school fund shall be apportioned among school 
 districts in proportion that number of children of school 
 age in each district bears to total number of children in 
 state. A reserve shall be set up before distribution, suf- 
 ficient to provide for five months' schooling in every dis- 
 trict by special help to districts where full local school 
 tax plus regular quota of current school funds will not 
 suffice to do this. (N.M. XII 4.) 
 To school corporations in proportion to number of children 
 of school age. (X.D. IX 154; S.D. VIII 3.) 
 
 Income of permanent school fund to be distributed among 
 counties in proportion to number of children resident 
 therein, ages four to 20. (Ore. VIII 4.) 
 
 Among several school districts in proportion to school 
 population. (Okla. XI 3; Utah X 3.) 
 
 Annual income of state school fund and liquor license fund 
 to be apportioned by legislature. Proceeds of extra school
 
 Index Digest 563 
 
 
 EDUCATION (Cont'd) 
 Funds (Cont'd) 
 
 Current School Fund (Cont'd) 
 Apportionment (Cont'd) 
 
 tax to be apportioned among counties in proportion to de- 
 ficiencies in county funds. (S.C. XI 6, 11, 12.) 
 To be distributed to counties according to school popula- 
 tion. (Tex. VII 5.) 
 Power of distribution to counties vested in state board of 
 
 education. (Tex. VII 8.) 
 Funds derived from high school tax to be apportioned among 
 cities and school districts according to attendance at high 
 schools and only to cities or districts maintaining high 
 school standard and for period of year fixed by state 
 board of education, as legislature may provide. (Utah 
 
 X 3, XIII 7.) 
 On basis of school population, children seven to 20 years of 
 
 age in each school district. (Va. IX 135.) 
 Income of permanent fund to be distributed by law among 
 towns and cities for support of common schools in pro- 
 portion to number of children, four to 20, but no 
 appropriation to any town or city for year in which it 
 does not raise tax or does not maintain school at least 
 three months. (Wis. X 5.) 
 To be distributed by general law among several counties 
 according to number of children of school age; counties 
 to distribute income likewise to several school districts; 
 no appropriation to any school district which has not 
 maintained a school for at least three months. (Wyo. 
 
 VII 8.) 
 County School Fund 
 
 Funds from special county tax for schools to be used to extend 
 school terms to equal length as far as possible in several town- 
 ships and districts. Cities of Decatur, New Decatur and Cull- 
 man exempt from this special tax. All poll taxes to be applied 
 to support of public schools in county where collected. (Ala. 
 
 XIV 269.) 
 Legislature to increase county fund as apportioned so as to 
 maintain schools at least six months each year. (Ariz. XI 9.) 
 County treasurer to collect all school funds belonging to county 
 and several school districts therein and disburse same on 
 warrants drawn by county superintendent or district officers 
 as provided by law. (Colo. IX 4.) 
 Consists of, in addition to county school tax and proportion of 
 state school fund and special state school tax, net process of 
 fines and all capitation taxes collected in county, to be dis- 
 bursed by county board of public instruction solely for free 
 
 public schools. (Fla. XII 9.) 
 Military exemption payments to be paid into school fund of 
 county of which exempt person a resident. (Ida. XIV 1.)
 
 504 State Constitutions 
 
 EDUCATION [Cont'd) 
 Funds (Cont'd) 
 
 County School Fund (Cont'd) 
 
 If county fails to demand its portion of interest of school fund, 
 the same to be reinvested for benefit of said county. Counties 
 to be held liable for any part of fund entrusted to them and 
 for payment of interest thereon. (Ind. VIII 5, 6.) 
 
 Money paid for exemption from military duty, clear proceeds of 
 all fines, collected in counties for breach of penal laws, to be 
 applied by counties among school districts in proportion to 
 school population for support of common schools for estab- 
 lishment of libraries. (Iowa IX Pt. II 4.) 
 
 Money paid for exemption from military duty; proceeds of 
 estrays and of fines for breach of penal laws to be applied in 
 county where paid to support of common schools. (Kan. 
 
 VI 6.) 
 
 Funds from poll taxes to be paid directly to treasurer of local 
 school board by collector for public schools; legislature to 
 provide for parish to levy tax for public schools not to exceed 
 entire state tax, and provided that with such tax whole 
 amount of parish taxes not to exceed limit fixed in constitu- 
 tion. Police juries of parishes and municipal councils of cities 
 and towns, except Orleans parish, to turn over to parish 
 school boards at least 3 mills of annual tax, not to apply 
 to cities which are under legislative authority conduct free 
 schools on which are spent at least 3 mills. Details given. 
 
 (La. 252, 255 as amended 1914.) 
 
 To consist of poll tax, to be retained in counties where col- 
 lected, which together with state common school fund, to be 
 sufficient to maintain common schools for term of four months 
 each scholastic year. Any county or separate school district 
 may levy additional tax to maintain schools for longer terms 
 than four months. (Miss. VIII 206.) 
 
 Money, stocks, bonds, lands and property belonging to county 
 school fund, also proceeds of sales of estrays, clear proceeds 
 of all penalties, and forfeitures and fines collected in county 
 for breach of penal or military laws, and moneys paid for 
 exemption from military service to be invested in loans on 
 unincumbered real estate of double value of loan with per- 
 sonal security additional and sacredly preserved as county 
 public school fund and income appropriated for schools. (Mo. 
 
 XI 8, 10.) 
 
 Fines, penalties and license moneys arising under general laws 
 of state shall belong and be paid to Counties where same are 
 levied and imposed, and shall be apportioned exclusively to 
 use and support of common schools in those districts. (Nebr. 
 
 VIII 5.) 
 
 Consists of money, stocks, bonds and other property belonging 
 to county school funds, also net proceeds from sale of estrays, 
 clear proceeds of penalties and forfeitures and fines collected 
 in counties for breach of penal or military laws and all
 
 Index Digest 565 
 
 
 EDUCATION (Cont'd) 
 Funds (Con I'd) 
 
 County School Fund (Cont'd) 
 
 moneys paid for exemption from military duty. County 
 school funds to remain in county and be faithfully appro- 
 priated for establishing and maintaining free public schools 
 in county provided that amount collected in each county be 
 annually reported to superintendent of public instruction. 
 
 (N.C. IX 5.) 
 
 County commissioners, or other officers hereafter vested with 
 same powers, to levy annual tax of 3 mills on all taxable 
 property of county, to be collected as other taxes and to con- 
 stitute a fund in county treasury to be apportioned among 
 school districts of county in proportion to number of enrolled 
 pupils, legislature to define enrollment and apportioning 
 officer to notify trustees of respective school districts who 
 shall expend same as legislature may prescribe. (S.C. XI 6.) 
 
 All moneys, stocks, bonds, lands and other property belonging 
 to, except such as is provided by law for current use, to be 
 securely invested in several counties as county public school 
 fund; income to be appropriated exclusively for free public 
 schools in several counties. All fines and penalties under 
 general state laws to go to public school fund of respective 
 counties for current support of public schools therein. (Wyo. 
 
 VII 4, 5.) 
 
 Lands granted to counties for educational purposes, title vested 
 in counties, which may be sold, disposed of as county com- 
 missioners' court may provide. Proceeds shall be held as 
 trust by counties for benefit of schools and invested under 
 restrictions prescribed by law. Counties responsible for in- 
 vestments. Interest and revenue except the principal shall be 
 available school fund. (Tex. VII 6.) 
 
 Industrial Schools 
 
 See also below, this title, Special Schools, Colleges and Uni- 
 versities. 
 Louisiana Industrial Institute at Ruston, and the Southwestern 
 Louisiana Industrial Institute of Lafayette recognized. Legisla- 
 ture directed to make appropriations for maintenance, support and 
 improvement of. (La. 257.) 
 Industrial school and school for manual training, and such other 
 educational or charitable institution as the legislature may pro- 
 vide to be located at Ellendale with grant of 40,000 acres of land. 
 
 (N.D. XIX 21G.) 
 Commissioner of charities and correction empowered and directed to 
 examine into condition and management of reform and industrial 
 schools when, they derive support wholly or in part from state, 
 county and municipality, and officers of shall furnish full informa- 
 tion requested by commissioner who has also power to summon 
 witnesses and require production of books and papers and testi- 
 mony under oath. (Okla. VI 28.)
 
 566 State Constitutions 
 
 EDUCATION (Cont'd) 
 
 Industrial Schools {Cont'd) 
 
 Alabama Girls' Industrial School, legislature cannot change location 
 of except by two-thirds vote of legislature with yeas and naya 
 entered on journals. (Ala. XIV 267.) 
 Board of commissioners of state institutions provided for, with full 
 power to manage, control and govern, subject only to Buch limita- 
 tions as Bhall be established by law. (Nebr* III 19.) 
 
 INEBRIETY 
 
 Legislature to provide for education of inebriates. (N.C. XI 9.) 
 Mechanic Arts 
 
 See also above, this title, Agricultural and Mechanical College. 
 Department of mechanic arts and mining to be established at State 
 
 University. (Nev. XI 4.) 
 Mining Instruction 
 
 Department of mining to be established at State University. (Nev. 
 
 XI 4, 7, 8.) 
 Legislature to establish and maintain as soon as practicable a 
 
 department of at State University. (N.C. IX 14.) 
 One school of mines located at Grand Forks, and to have lands 
 
 granted by Congress. (N.D. XIX 215.) 
 One school of mines at Golden adopted by state, control and manage- 
 ment of to be regulated by legislature, location of and grants, gifts 
 and appropriations for confirmed for use and benefit of, under 
 specified conditions. (Colo. VIII 5.) 
 School of mines included in State University. (Ariz. XI 1.) 
 Legislature shall maintain college of mines. (Mich. XI 10.) 
 New Mexico School of Mines at Socorro; same provision for support 
 
 and government of as for state university. (N.M. XII 11. 13.) 
 
 Legislature shall provide for teaching of mining and mineralogy in 
 
 at least one institution under patronage of state. (S.D. XIV 5.) 
 
 Legislature may provide that science of mining and metallurgy be 
 
 taught in one or more institutions of learning under patronage of 
 
 state. (Colo. XVI 4.) 
 Legislature may provide that science of mining and metallurgy be 
 taught in one institution of learning. (Wyo. IX 5.) 
 Negroes, See below, this title, " Special Schools, Colleges and Uni- 
 versities ", " State University — Colored Branch ", " Schools fob 
 
 White and Colored ". 
 Normal Schools 
 
 See also above, this title, Common Schools — Scope of System. 
 General supervision of state normal college and state normal schools 
 
 vested in state board of education. (Mich. XI 6.) 
 Legislature shall provide for training of teachers in, or otherwise, 
 to be proficient in English and Spanish languages qualified to 
 teach Spanish-speaking pupils. No amendment to constitution to 
 affect this provision, unless proposed by vote of three-fourths of 
 members elected to each house and ratified by vote of people in 
 state in election at which at least three-fourths of electors voting
 
 Index Digest 567 
 
 EDUCATION [Cont'd) 
 
 Normal Schools (Cont'd) 
 
 in whole state and at least two-thirds of thoae voting in each 
 county in state, shall vote for amendment. (N.M. XII 8, XIX 1.) 
 
 When sustained wholly or in part by state to be under control of 
 board of five members (legislature may increase to nine), ap- 
 proved by governor, confirmed by senate, under rules and restric- 
 tions provided by legislature. (S.D. XIV 3.) 
 
 Legislature may establish. (Nev. XI 5; Va. IX 137.) 
 
 Legislature to provide for not more than two. (Fla. XII 14.) 
 
 One-third of lands or proceeds thereof accruing from section 13 in 
 every portion of the state to go to normal schools. (Okla. XI 5.) 
 
 Provision for four state normal schools with land grant8 and for 
 government of. (N.M. XII 11, 12, 13.) - 
 
 The legislature shall maintain a state normal school and such state 
 normal schools as may be established by law. (Mich. XI 10.) 
 
 No appropriation hereafter to any state normal school or branch 
 thereof, except those already established in operation, or now 
 
 chartered. (W.Va. XII 11.) 
 
 Legislature may provide for maintenance of the Winthrop Normal 
 and Industrial College as a branch of State University and may 
 create scholarships therein. (S.C. XI 8.) 
 
 State normal schools located at Minot, and at Mayville and provi- 
 sion made for special allotment of public lands. (N.D. XIX 216.) 
 
 Louisiana state normal at Natchitoches recognized. Legislature 
 directed to make appropriations for maintenance, support and im- 
 provement of. (La. 257.) 
 
 State normal school located at Valley City, and specifying special 
 grant of land for. (N.D. XIX 215.) 
 
 Legislature may appropriate money for when not under absolute 
 control of state if established by law for professional training of 
 teachers for public schools of state. (Pa. Ill 17.) 
 
 Colored Agricultural and Normal University shares one-third erf lands 
 and proceeds accruing from section 13 in every part of state. 
 
 (Okla. XI 5.) 
 
 Normal department included in State University. ( Kan. VI 7 ; 
 
 N.C. IX 14.) 
 
 Normal schools to share in residue of income from permanent school 
 fund, for support, libraries and apparatus, after common school 
 
 needs supplied. (Wis. X 2.) 
 
 Reform Schools, See Penal Institutions — Reformatories. 
 School Census 
 
 Legislature shall provide for a school census by townships and dis- 
 tricts not oftener than once in two years, and shall punish persons 
 making false returns. State superintendent of education may take 
 new census in any township, district or county whenever he 
 believes false returns have been made. (Ala. XIV 268.) 
 Legislature shall provide for enumeration of educable children. 
 
 (La. 248.)
 
 568 State Constitutions 
 
 EDUCATION {Cont'd) 
 School Districts 
 
 Under Utis subhead are digested provisions relating particularly to 
 
 school districts; for districts in general, See Districts. 
 Affairs of 
 
 Special and local legislation regulating, forbidden. (Mo. IV 53; 
 Okla. V 46; Pa. Ill 7; Tex. Ill 46.) 
 Bonds 
 
 Legal security fur banks to qualify for deposits of public funds. 
 
 (Cal. XI 16y 2 .) 
 Creating or Changing of Boundaries 
 
 No independent free school district or organization to be created 
 without consent by majority vote of district out of which it 
 is created. (W.Va. XII 10.) 
 Special and local legislation changing, forbidden. (Ala. IV 104 
 (22); Deli II 19; Minn. IV 33; Mo. IV 53; Pa. Ill 7.) 
 
 Debt 
 
 See also above, this title, Boards of Education — Debt. 
 Existing Time Adoption Constitution 
 
 Nothing in this article to be construed to impair or add to 
 obligation of debts contracted in accordance with terri- 
 torial law; or to prevent contracting any debt or issuing 
 bonds therefor in accordance with laws of territory upon 
 proposition which according to such laws was submitted 
 to qualified electors before constitution took effect. (Colo. 
 
 XI 9.) 
 To remain valid and unaffected until paid or refunded ac- 
 cording to law. (N.M. XXII 12.) 
 Nothing in constitution to legalize invalid debt of school 
 district or board of education of territory or impair any 
 defense against payment thereof. (Okla. Sched. 37.) 
 Bonds previously issued and approved by attorney-general 
 and registered by comptroller declared valid obligations of 
 district which issued them. (Tex. VII 3a.) 
 Nothing in this article of constitution to impair or add to 
 obligation of any debt contracted prior to constitution 
 under laws of territory; or to prevent contracting of debt 
 or issuing bonds under proposition submitted under laws 
 of territory to qualified electors before constitution took 
 
 effect. (Utah XIV 7.) 
 Limit of Amount 
 
 Not to become indebted for any purpose in any manner to 
 amount exceeding 4 per cent, of taxable property without 
 approval on referendum, but under no circumstances to 
 become indebted to amount exceeding 10 per cent, of tax- 
 able property shown by the last assessment roll; value of 
 taxable property to be ascertained by last assessment for 
 state and county purposes previous to incurring debt. 
 
 (Ariz. IX 8.)
 
 Inj)kx Digest 569 
 
 EDUCATION (Cont'd) 
 
 School Districts (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 Not to be allowed to become indebted in any manner or for 
 any purpose to amount including existing indebtedness in 
 aggregate exceeding 5 per cent, value of taxable property 
 therein ascertained by last assessment for state and 
 county taxes previous to incurring debt; but this not to 
 prevent issuing bonds in compliance with vote of people 
 had prior to adoption constitution in pursuance of law. 
 
 (111. IX 12.) 
 
 Total bonds for all purposes never to exceed 10 per cent, of 
 
 assessed valuation "of the property" therein. (La. 281 
 
 (D.) 
 
 Not to be allowed to become indebted in any manner or for 
 any purpose to amount including existing debt in aggre- 
 gate exceeding 5 per cent, of value of taxable property 
 therein ; value of taxable property to be ascertained by 
 assessment next before last assessment for state and 
 county purposes previous to incurring debt. (Mo. X 12.) 
 
 Not to be allowed to become indebted in any manner or for 
 any purpose to amount including existing indebtedness in 
 aggregate exceeding 3 per cent, of value of taxable prop- 
 erty therein to be ascertained by last assessment for state 
 and county taxes previous to incurring such debt; all 
 bonds and obligations in excess of this amount to be void. 
 
 (Mont. XIII 6.) 
 
 Not to become indebted in amount exceeding 6 per cent, of 
 assessed valuation taxable property within district as 
 shown by preceding general assessment; this not to pre- 
 vent issue of bonds to pay or refund valid bonds of school 
 
 district. (N.M. IX 11, 15.) 
 
 Shall never exceed 5 per cent, of assessed value of taxable 
 property therein. In estimating existing debt that con- 
 tracted prior to adoption of constitution as well as that 
 contracted subsequent thereto to be included. Bonds or 
 obligations in excess of this limit to be void. (N.D. XII 
 
 1S3.) 
 
 Not to be allowed to become indebted in any manner for 
 any purpose to amount including existing debt not to ex- 
 ceed in aggregate 5 per cent, of valuation of taxable prop- 
 erty therein to be ascertained from last assessment for 
 state and county purposes previous to incurring debt. 
 Limitation on amount of debt not to " apply " to debt 
 created or bonds issued to pay existing debt under terri- 
 tory. (Okla. X 26. Sched. 25.) 
 
 Not to exceed 7 per cent, of assessed value of taxable prop- 
 erty therein. (Pa. IX 8.)
 
 570 State Constitutions 
 
 EDUCATION (Cont'd) 
 
 School Districts (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 Not to exceed 8 per cent, assessed value taxable property 
 therein. When several political divisions or municipal 
 corporations cover same territory each of such divisions 
 or corporations to " so exercise its power to increase its 
 debt " that aggregate debt upon any territory of state 
 shall never exceed 15 per cent, of taxable property in such 
 territory as valued for state taxes, but this is not to pre- 
 vent issue of bonds to refund valid municipal debt con- 
 tracted in excess of the 8 per cent, limit prior adoption of 
 constitution. This not to apply to bonded debt incurred 
 by specified school district to be used exclusively for 
 erecting and extending school buildings, when question of 
 incurring such debt is submitted to qualified electors as 
 provided in constitution for other debt. (S.C. X 5.) 
 
 Never to exceed 5 per cent, of assessed valuation of taxable 
 property therein for year preceding that in which the in- 
 debtedness is incurred; in estimating amount which may 
 be incurred, the amount of debt contracted prior to 
 adoption of constitution to be included in computation of 
 existing debt. ( S.D. XIII 4.) 
 
 No debt to be created By school district or subdivision 
 thereof to become indebted " to an amount including ex- 
 isting indebtedness exceeding 4 per centum of the value of 
 the taxable property therein ". Value of taxable property 
 to be ascertained from last assessment for state and 
 county purposes previous to incurring debt. Nothing in 
 this article of constitution to prevent contracting debt 
 or issuing bonds under proposition submitted under laws 
 of territory to qualified electors before constitution took 
 
 effect. (Utah XIV 3.) 
 
 Not to become indebted for any purpose in any manner to 
 amount exceeding l 1 /^ per cent, of taxable property therein 
 without assent of three-fifths voters voting at election 
 held for that purpose. In cases requiring assent of three- 
 fifths such voters total debt at any time not to exceed 5 
 per cent, on value of such taxable property; value of 
 taxable property to lie ascertained from last assessment 
 for state and county purposes previous to incurring debt. 
 
 (Wash. VIII 6.) 
 
 Not to be allowed to become indebted in any manner or for 
 any purpose to an amount including existing debt in ag- 
 gregate exceeding 5 per cent, of value of taxable property 
 therein to be ascertained by last assessment for state and 
 county taxes previous to incurring debt; cases where 
 bonds have already been authorized (at time of adoption
 
 Index Digest 571 
 
 EDUCATION (Cont'd) 
 
 School Districts (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 of constitution) to be issued excepted from operation of 
 this limitation. (W.Va. X 8.) 
 Not to be " allowed to become indebted in any manner or 
 for any purpose to any amount including existing in- 
 debtedness in the aggregate exceeding 5 per cent, on the 
 value of the taxable property therein"; value of taxable 
 property to be ascertained by last assessment for state 
 and county taxes previous to incurring debt. (Wis. XI 
 
 3.) 
 Law Authorizing 
 
 Local and special legislation providing for bonding of, for- 
 bidden. (Nebr. Ill 15.) 
 Purpose 
 
 To be incurred only for strictly school district purposes. 
 
 (Utah XIV 4; Wash. VIII 6.) 
 
 Xot to borrow money except for erection and furnishing 
 
 of school buildings or purchasing school grounds. (X. M. 
 
 IX 11.) 
 Xot to lend or pledge credit or faith in any manner to or in 
 aid of any person, company or corporation for any amount 
 or' for any purpose, " public or private ", or become re- 
 sponsible for any debt, contract or liability of any person, 
 company or corporation, " public or private " in or out 
 
 of state. (Colo. XI 1.) 
 Legislature may provide for "special tax school districts to 
 issue bonds for the exclusive use of public free schools 
 within such special school tax district whenever a major- 
 ity of the qualified electors thereof who are free holders 
 shall vote in favor of the issuance of such bonds ". ( Fla. 
 
 XII 17.) 
 Xo school district or board of education to lend or pledge 
 credit or faith in any manner to or in aid of individual, 
 association or corporation, for any amount or for any 
 purpose or become responsible for any debt contracted or 
 liability of any individual, association or corporation in 
 or out of state. (Ida. VIII 4.) 
 Xo bonds to be issued for any purpose other than that stated 
 in propositions submitted to taxpayers nor for a greater 
 amount than therein stated, nor shall &uch bonds be la- 
 sued for any purpose other than " for constructing, im- 
 proving and maintaining public roads and highways, pav- 
 ing and improving streets, roads and alloys, purchasing 
 and constructing systems of waterworks, sewerage, drain- 
 age, navigation, lights, public parks and buildings together 
 with all necessary equipment and furnishings, bridges
 
 572 State Constitutions 
 
 EDUCATION (Cont'd) 
 
 School Districts [Cont'd) 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 and other works of public improvement, the title to which 
 shall rest in the subdivision creating the debt as the case 
 
 may be". (La. 281 (1).) 
 
 Detailed provisions for bond issue of $2,000,000 by " board 
 of directors of the public schools for the parish of 
 Orleans '' for school sites, school buildings, playgrounds 
 and appurtenances. (La. 255 (amendment submitted by 
 Act. Xo. 2(32, 1914.) 
 
 Credit not \o be given or loaned to or in aid of any indi- 
 vidual, association or corporation, except for necessary 
 support of poor. (X.D. XII 185.) 
 
 Except as otherwise provided in constitution, school dis- 
 trict not to lend or pledge its credit directly or in- 
 directly in aid of any person, association or public or 
 private corporation or of any private enterprise for con- 
 struction of railroad; this not to prevent issue of bonds 
 to pav or refund valid bonds of school district. (N.M. 
 
 IX 14, 15.) 
 
 Not to give or lend credit to individual, association or cor- 
 poration except for necessary support of poor ; and not 
 to give or lend credit in aid of railroad or telegraph lines, 
 but this does not affect obligations contracted prior to 
 adoption of constitution. (Wyo. XVI 6, 5.) 
 
 Single school district of city and county of Denver to as- 
 sume and pay all bonds, obligations and indebtedness of 
 each of separate school districts merged in such district 
 and a proportion of such bonds, obligations and indebted- 
 ness of districts partially merged. (Colo. XX 7.) 
 Rpdem/ption and Interest 
 
 Xo debt in excess of revenue to be incurred by school dis- 
 trict or board of education unless at or before time of 
 incurring provision be made for collection of annual tax 
 sufficient to pay interest as it falls due and also to con- 
 stitute sinking fund for payment of principal on or be- 
 fore maturity. Except as provided in constitution, debt 
 incurred contrary to this provision to be void. (Cal. XI 
 
 18.) 
 
 Debts of school district merged in single district for city 
 and county of Denver to be paid principal and interest by 
 special tax fixed and certified by board of education to 
 council " which shall levy the same upon the property 
 within the boundaries of such district respectively aa 
 the same existed at the time such district becomes a part 
 of said district Xo. 1 (that being the merged district for 
 the city and county) and in case of partially included dli»- 
 tricts such tax shall be equitably apportioned upon the 
 several parts thereof". (Colo. XX 7.)
 
 Index Digest .".7:1 
 
 EDUCATION (Cont'd) 
 
 School Districts (Cont'd) 
 Debt (Cont'd) 
 
 Redemption and Interest (Cont'd) 
 
 Whenever " special tax school district " votes in favor of 
 issuance of bonds tax to he levied not exceeding 5 mills 
 on dollar in any year on taxable property within (list rid 
 Voting for such bond issue. Such tax to become fund ior 
 payment of interest and redemption of such bonds. (Fla. 
 
 ' XII 17.) 
 
 Xo school district or board of education to incur any debt or 
 liability unless at time of incurring thereof provision be 
 made for collection of annual tax sufficient to pay interest 
 and to constitute a sinking fund for payment of prinicipai 
 within 20 years from time of contracting. (Ida. VIII 3.) 
 
 To provide at or before time of incurring indebtedness for 
 collection direct annual tax sufficient to pay interest and 
 discharge principal within 20 years from time of contract- 
 ing. (Til. IX 12.) 
 
 Each year while bonds are outstanding ''governing au- 
 thorities " to impose and collect in excess of other taxes 
 a tax sufficient to pay interest annually or semi-annually 
 and principal falling due each year, or such amount as 
 may be required for any sinking fund necessary to retire 
 said bonds at maturity, but such special tax not to exceed 
 in any year 10 mills on dollar of assessed valuation of 
 property therein. Similar and detailed provisions for 
 refunding and renewal bonds. (La. 2S1 (1), (6).) 
 
 Bonds not to run for longer period than 40 years from 
 their date and not to bear interest at a greater rate than 
 5 per cent, per annum and not to be sold for less than par; 
 similar provision for renewal or refunding bonds. (La. 
 
 281 (1), (6).) 
 
 Before incurring debt requiring assent of voters, provision 
 to be made for collection of annual tax sufficient to pay 
 interest as due and to constitute sinking fund for dis- 
 charge of principal within 2d years from time of con- 
 tracting. (Mo. X 12.) 
 
 Provision to be made at or before incurring of debt for 
 collection of annual tax sufficienl to pay interest and 
 principal when due- laws and ordinances making such 
 provision to be irrepealable until debt paid. (X.I). 
 
 XII 1S4.) 
 
 Before or at time of incurring debt in excess of income and 
 revenue provision to lie made fur collection of annual 
 tax sufficient to pay interest and to constitute sinking 
 fund for payment of principal within 2~> years from date 
 
 .if contracting. (Okla. X 26. I 
 
 School district to levy " sufficient additional revenue*' to 
 create sinking fund to be used first, for payment of in-
 
 574 State Constitutions 
 
 EDUCATION (Cont'd) 
 
 School Districts (Cont'd) 
 Debt (Cont'd) 
 
 Redemption and Interest (Cont'd) 
 
 terest coupons; second, for payment of bonds; third, for 
 payment of such parts of judgments as such municipality 
 may by law be required to pay. (Okla. X 28.) 
 
 School district or board of education authorized to pay 
 debts existing time adoption constitution either by tax 
 levy or by issuing bonds in lieu thereof under provisions 
 of "laws extended in force in the state". (Okla. Sched. 
 
 25.) 
 
 Provision to be made at or before incurring debt for col- 
 lection of annual tax sufficient to pay interest and dis- 
 charge principal within 30 years. (Pa. IX 10.) 
 
 All territory of any school district organized according 
 to constitutional requirements, with from nine to 49 
 square miles of area, containing cities or towns, already 
 organized into special school districts, where buildings 
 have already been erected and debt incurred therefor, to 
 bear its just proportion of any special tax to liquidate 
 such indebtedness or support schools therein. (S.C. XI 5.) 
 
 At or before time of incurring debt, provision to be made 
 for collection of annual tax sufficient to pay interest and 
 principal when due; and all ordinances containing such 
 provision to be irrepealable until debt paid. (S.D. 
 
 XIII 5.) 
 
 Districts to levy annually and collect ad valorem tax 
 sufficient to pay interest and provide sinking fund to 
 redeem at maturity, but not exceeding limit of rate pro- 
 vided elsewhere in the constitution; trustees of districts 
 unauthorized to make such levy. (Tex. VII 3a.) 
 
 Not to be allowed to become indebted without at same time 
 providing for collection of direct annual tax sufficient 
 to pay annual interest on such debt and principal thereof 
 within not exceeding 34 years. (YV.Ya.,X S.) 
 
 Before or at time of incurring debt provision required to 
 be made " for collection of direct annual tax sufficient 
 to pay interest on such debt as it falls due and also 
 to pay and discharge the principal thereof within 20 
 years from the time of contracting same''. (Wis. XT 3.) 
 Referendum on Proposition to Incur 
 
 For provisions prohibiting debts in excess of ineome and 
 revenue without referendum, See below, litis subdivision, 
 
 Limit of Amount. 
 
 No debt in excess of taxation for current year to be created 
 by school district or subdivision thereof unless majority 
 of such qualified electors as shall have paid a property 
 tax in the preceding year shall approve proposition to 
 create such debt. (Utah XIV 3.)
 
 Index Digest 5,75 
 
 EDUCATION ( Cont'd) 
 
 Scuool Districts {Cont'd) 
 Debt (Cont'd) 
 
 l'i I'rri ndiim on Proposition to Incw (ConCd) 
 
 Not to become indebted for any purpose to amount ex- 
 ceeding \y s per cent, of taxable property therein, as- 
 certained from last assessment for state and county pur- 
 poses previous to incurring debt without assent of three- 
 tifths voters voting at election held for that purpose. 
 
 (Wash. VI II 6.) 
 
 Xo debt to be contracted under provision limiting the 
 amount of debt unless all questions connected therewith 
 shall have been approved by three-fifths of votes cast for 
 and against on submission to people. (W.Va. X S.) 
 
 Xot to become indebted for any purpose to amount ex- 
 ceeding 4 per cent, of taxable property without assent of 
 majority property taxpayers 'who must also be qualified 
 electors voting at election provided by law to be held 
 
 for purpose. (Ariz. IX 8.) 
 
 School district or board of education not to incur in any 
 manner or for any purpose indebtedness or liability ex- 
 ceeding in any year the income and revenue provided for 
 such year without approval of two-thirds of qualified 
 electors voting at election held for purpose. Except as 
 provided in constitution, indebtedness incurred contrary 
 to this provision to be void. (Cal. XI IS.) 
 
 Xo debt by loan in any form to be contracted by district 
 for erecting and furnishing school buildings or purchasing 
 grounds unless proposition approved by majority qualified 
 electors who paid school tax in preceding year and voting 
 tbereon. Nothing in this article of constitution to be 
 construed to impair or add to obligation of debt contracted 
 in accordance with territorial laws. (Colo. XI 7, 9.) 
 
 Xo school district or board of education to incur any debt 
 or liability in any manner for any purpose "exceeding 
 in that year " income and revenue provided for it for such 
 year without assent of two-thirds qualified electors thereof 
 voting at election held for purpose. Any debt or liability 
 incurred contrary to this provision to be void, but this not 
 to be construed " to apply to the ordinary and necessary 
 expenses authorized by the general laws of the state". 
 
 (Ida. VIII 3.) 
 Xo bonds to be issued unless authorized by vote of majority 
 "in number and amount of the property taxpayers" 
 qualified to vote and who vote at election held for purpose 
 after due. notice by newspaper publication as specified. 
 Similar and detailed provisions for renewal and refund- 
 ing bonds. (La. 2S1 (1), (6).) 
 
 Xot to be allowed to become indebted for any purpose to 
 amount exceeding in any year income and revenue pro-
 
 576 State Constitutions 
 
 EDUCATION {Cont'd) 
 
 School Districts (Cont'd) 
 Debt (Cont'd) 
 
 Referendum on Proposition to Incur (Cont'd) 
 
 videri in such year without assent two-thirds voters 
 thereof voting at election held for that purpose. (Mo. 
 
 X 12.) 
 Not to borrow money except when proposition therefor has 
 been approved by majority of qualified electors of district 
 voting thereon. This not to prevent issue without sub- 
 mission to voters of bonds to pay or refund valid bonds 
 of the district. (N.M. IX 11, 15.) 
 Not to be allowed to become indebted for any purpose to 
 amount exceeding in any year income and revenue pro- 
 vided in such year without assent three-fifths voters 
 thereof voting at election held for that purpose. (Okla. 
 
 X 26. ) 
 Existing at Time Adoption of Constitution 
 
 Recognized as legal subdivisions of counties and continued until 
 changed by law in pursuance of constitution. (Utah XI 1.) 
 Expenditures 
 In General 
 
 Not to increase pay or compensation of any public contractor 
 above amount specified in the contract. (Conn. Amend. 
 
 XXIV.) 
 Pledging credit, forbidden. (Ida. VIII 4; Colo. XI 1.) 
 Not to lend or pledge credit or make donations except as 
 
 provided in constitution. (N.M. IX 14.) 
 Not to grant extra compensation to public officer, employee, 
 agent or servant or increase compensation of public officer 
 or employee to take effect during continuance in office of 
 any person whose salary might be thereby increased. 
 
 (Conn. Amend. XXIV.) 
 Not to lend or pledge credit directly or indirectly to or in 
 aid of any person, company or corporation, public or 
 private, or become responsible for any debt, contract or 
 liability of any company or corporation, public or private, 
 in or out of state ( 1 ) . Nor make any donation or grant 
 to or become subscriber or shareholder of, or joint owner 
 with any person, company or corporation in or out of 
 state, except as such ownership comes through public 
 duties in connection with escheated estates, forfeitures, 
 etc., in which they have official interest (2). (Colo. XI 1, 
 
 2.) 
 Corporate Hlock 
 
 Not to become owner of in any association or corporation. 
 
 (Wyo. XVI 6.) 
 School district not to become subscriber to or shareholder 
 
 in any corporation or company. (Colo. XI 2.) 
 Not to subscribe to or become owner of capital stock of any 
 
 association or corporation. (N.D. XII 185.)
 
 Imikx Digest ."'77 
 
 EDUCATION [Cont'd) 
 
 s< ikioi. Districts {Cont'd) 
 Expenditures (Cont'd) 
 .1 id to Individuals 
 
 Not to loan credit or make donations to individual, asso- 
 ciation or corporation except for necessary support of 
 
 poor. (\.|). XII lSf>; W'yo. XV] ().) 
 
 .1 id to Public Corporation 
 
 Excepl as otherwise provided in constitution, school dis- 
 trict nut to make donation, directly or indirectly, to or 
 in aid of public corporations. (N.M. IX 14.) 
 
 Aid to Private Enterprise 
 
 School district not to make donation or grant to or in aid 
 of any person, company or corporation, "public or 
 private" in or out of state. (Colo. XI 2.) 
 Except as otherwise provided in constitution school dis- 
 trict not to make donations to or in aid of, directly or 
 indirectly, any person, association or corporation or to 
 any private enterprise for construction of railroad. (N.M. 
 
 IX 14.) 
 Aid to Railroad or Telegraph Lines 
 
 Donations to, forbidden. (Wyo. X Railroads 5.) 
 
 Aid to Religious or Sectarian Purpose 
 
 See also below, this title, Sectarian Institutions. 
 
 Property or credit of not to be given or loaned to any 
 college, school, etc.. under direction or control of any 
 church or religious or sectarian denomination. (S. C. 
 
 XI 9.) 
 
 Prohibited from voting public money for sectarian school . 
 colleges or universities. (Cal. IV 30.) 
 
 School district not to make appropriation or pay from any 
 public fund or grant anything to or in aid of religious 
 sect, church, creed or sectarian purpose or help to support 
 or sustain any school, college, university, hospital or other 
 institution controlled by any religious creed, church or 
 sectarian denomination, but this does not prevent legis- 
 lature granting aid to institutions for the support and 
 maintenance of dependent children and indigent aged 
 persons authorized by constitution. (Cal. IV 30.) 
 
 Joint Otonership 
 
 Not to become joint owner with any person or corporation, 
 " public or private ", " in or out of state " except such 
 OwnefBhip as may accrue to school district jointly with 
 any person, company or corporation by forfeiture or sale 
 of real estate for mm payment of taxes or by donation or 
 devise for public use or by purchase by or on behalf of any 
 or either of them jointly with any or either of them under 
 execution in cases df crimes, penalties or forfeitures or 
 recognizance, breach of condition of official bonds, or 
 
 19
 
 578 State Constitutions 
 
 EDUCATION (Cont'd) 
 
 S< Boot Districts i Cont'd) 
 
 Expenditures [Cont'd) 
 
 Joint Ownership (Cont'd) 
 
 of bonds i" secure public money or the performance of 
 any contract in which they or any of them may be jointly 
 or severally interested. (Colo. XI 2.) 
 Funds 
 
 Be* also above, this title, Fr.\i>.s. 
 
 tody of 
 
 Legislature to pass suitable laws for safe-keeping of school 
 district funds; persons charged therewith to give se- 
 nility; and legislature to pass laws making embezzle- 
 ment thereof felonj and part of punishment to be dis- 
 qualification from holding office of honor or emolument 
 in Bchool (list riit, but this disability may be removed by 
 two-thirds vote of legislature on full payment principal 
 and interest of sum embezzled. (S.C. X 12.) 
 lib gal L 'se 
 
 Making profit out of or using for unauthorized purposes b\ 
 public officer to be felony and punished as provided by 
 law. (Colo. X 13; Ida. VII 10; Mo. X 17; S.D. XI 11; 
 
 Wyo. XV 8.) 
 />/ General 
 
 Neglecting to establish and maintain a school for at least 
 sis mouths in every year to be deprived of share in public 
 
 school fund. (Nev. XI 2.) 
 
 A sliding scale arrangement provided for distribution of 
 primary school interest fund in accordance with needs 
 of school districts. (Mich. XI 9.) 
 
 Income of state school funds to be disbursed annually on 
 order of state superintendent to county treasurers and 
 thence to school district treasurers in proportion to 
 number children between five and 21 years of age. No 
 portion to go to district not maintaining school at least 
 three months each year. (Kan. VI 4.) 
 
 Intere-t of school funds to be apportioned to school district* 
 in proportion to number of children, six to 21, provided 
 district maintains a public free school at least three 
 months during the year. (.Mont. XI 5.) 
 
 A district maintaining school less than four months entitled 
 only to part of school fund necessary to pay teacher for 
 time actually taught. (Miss. VIII 20)5.) 
 
 I ailure to maintain one or more schools at least three 
 months each year deprives school district of any portion of 
 school fund for that year. (Colo. IX 2.) 
 
 School districts failing to maintain a school for five months 
 oi ,: "' 1 ' year to be deprived of their appropriation of thu 
 public school interest fund, unless they provide for a 
 Bimil&r term of instruction for their pupils in schools of 
 
 another district. (Midi. XI 9.)
 
 Index Digest 579 
 
 EDUCATION (Cont'd) 
 
 ScnooL Districts (Cont'd) 
 Funds (Cont'd) 
 
 Transfer and Disbursement of 
 
 Legislature to pass suitable laws fur and officers charged 
 therewith to keep accurate entry of each sum received and 
 of each payment, and transfer, and to give, bond. (S.C. 
 
 X 12.) 
 How Constituted 
 
 Legislature may divide counties into. ( Fla. XII 10.) 
 Legislature shall provide for organization of, convenient in size, 
 and each to have a hoard of education consisting of three or 
 more directors; elected by qualified electors of district; direc- 
 tors to have control of instruction in schools of their respec- 
 tive districts. (Colo. IX 15.) 
 Local or special legislation creating, forbidden. (Ala. IV 104 
 
 (22) ; Del. II 19; Minn. IV 33; Pa. Ill 7.) 
 Legislature shall provide by general, special or local law for 
 equitable division of property assets and liabilities of, between 
 any school district of territory of Oklahoma and any new- 
 school district as effected by change in county boundaries 
 under constitution. (Okla. Sched. 32.) 
 City and county of Denver shall alone always constitute school 
 district No. 1, its affairs to be conducted by board of educa- 
 tion, constituted and elected as general school laws shall pro- 
 vide ; board to perform all acts and duties as required by gen- 
 eral laws of the state which, except as inconsistent with this 
 amendment, be held to extend and apply to district No. 1 ; 
 upon annexation of any contiguous municipality which in- 
 cludes a school district the latter with their property shall bo 
 merged in district No. 1 which also becomes liable for obliga- 
 tions and indebtedness of any school district so merged ; pro- 
 vided both principal and Interest of indebtedness of annexed 
 district shall be paid by it from special tax to be levied upon 
 its property located within its boundaries before annexation. 
 
 (Colo. XX 7.) 
 Any incorporated town or city may constitute a. (Fla. XII 11.) 
 City or town may be made by legislature separate and inde- 
 pendent. (Tex. XI 10.) 
 Each county to be divided into convenient number of, with one 
 or more public schools In each county at least four months 
 each year. County commissioners failing to comply with these 
 requirements liable to indictment. (N.C. IX 3.) 
 Legislature may create by general or special law without local 
 notice required in other special legislation. Districts may 
 embrace parts of two or more counties. (Tex. VII 3.) 
 Legislature to divide counties into school districts of not less 
 than nine nor more than 49 square miles, provided area 
 limits do not apply in cities of 10,000 inhabitants or more. 
 New districts to assume full liability bonded indebtedness 
 of all parts of which composed and support of all schools
 
 580 State (Destitutions 
 
 EDUCATION [Cont'd) 
 
 School Districts [Cont'd) 
 
 How Constituted [Cont'd) 
 
 therein and laws under which existing graded school districts 
 are organized not repealed by this section but to remain until 
 changed by legislature. (S.C. XI 5.) 
 Each magisterial district to constitute a separate school district 
 unless otherwise provided by law. Three trustees to be 
 selected for term and in manner prescribed by law. (Va. IX 
 
 133.) 
 To remain as counties are now divided until changed by law. 
 
 (W.Va. XII fl.) 
 Incorporation 
 
 Special or local legislation forbidden. (Minn. IV 33; S.C. 
 
 Ill 34.) 
 Judgments Against 
 
 Not to issue on judgment against school district or against any 
 officer therein in his official capacity and for which the school 
 district is liable; such judgment shall be paid out of the 
 proceeds of a tax levy and when so collected shall be paid by 
 the "county treasurer" to the judgment creditor. (N.M. 
 
 VIII 7.) 
 Offices 
 
 Hee also heloir, this ttuhdi Vision, OFFICERS. 
 
 Local or special legislation creating or prescribing powers and 
 duties, forbidden: (Cal. IV 25; Ida. Ill 19; Minn. IV 33; 
 Mo. IV 53; Mont. V 26 ; NiD. II fi[) ; Gkla. V 4<6; Pa. Ill 7; 
 
 Tex. Ill 56; Wyo. Ill 27.) 
 Officers 
 
 Compensation 
 
 Local or special legislation relating to the compensation, 
 salary or fees of or the mode of election or appointment 
 thereto, forbidden. (Minn. IV 33.) 
 Election 
 
 School officers to be elected at such times as may be pro- 
 vided by law. (Utah IV 9.) 
 Election of officers of school districts to be separate from 
 elections for state and county officers. (Mont. XI 10.) 
 Fees 
 
 To he required by law to keep account of and pay into proper 
 treasury all fees collected, and officer whose duty it is to 
 collect shall be made responsible under his bond for 
 neplect to collect. (Wyo. XIV 2.) 
 Loml or Special Lair, 
 
 Nee also above, this subdivision, "Offices" and below, thi* 
 
 subdivision, " Regulating Affairs of ". 
 Local or special legislation creating offices or prescribing 
 powers or duties thereof, forbidden. (Cal. IV 25; Ida. 
 [II 19; Minn. IV 33; Mo. IV 53; Mont. V 26; N.D. II 60 
 (32) ; Okla. V 46; Pa. Ill 7; Tex. Ill 56; Wyo. Ill 27.)
 
 Ixdkx Digest 583 
 
 EDUCATION (Cont'd) 
 
 School DISTRICTS (Cont'd) 
 Officers (Con I'd) 
 l'ruvisio?i for 
 
 Legislature shall provide by general law fur necessary 
 officers and prescribe duties and compensation. (S.D. 
 
 IX 6.) 
 Removal 
 
 In case of elected officer to be in manner and for cause 
 prescribed by law. (Mich. IX 8.) 
 Sex Qualifications 
 
 Women eligible for. (Mont. IX 10; S.D. IX 7.) 
 Women are eligible but majority of qualified voters of any 
 school district may by petition to board of county com- 
 missioners suspend women's right and similarly by peti- 
 tion restore it; county commissioners to certify its sus- 
 pension or restoration to proper district. (N.M. VII 1.) 
 Regulating Affairs of 
 
 Special or local law prohibited. (Minn. IV 33; Okla. V 40.) 
 ScnooL Elections 
 Provision for 
 
 To be regulated by legislature except as otherwise provided by 
 constitution and specified provisions of constitution relating 
 to election of other officers not to apply. (Ky. 155.) 
 Elections for school trustees and other common school district 
 elections to be regulated by legislature except as otherwise 
 provided in constitution, sections 145 to 154 of which for gen- 
 eral elections do not apply. (Ky. 155.) 
 Qualifications for Voters 
 
 See also ELECTIONS — Qualifications and Disqualifications 
 
 of Electors — Sex. 
 Prescribed by law. (Ariz. VII S.) 
 
 Time of 
 
 See also above, litis I ill,:, School Districts — Officers — ■ 
 
 Election. 
 To be held at different times from other eleetions. ( X.M. VII 1.) 
 
 School Funds, See above, tliis title, "Funds", "School Districts — 
 Funds ", and below, this title, " State University' — Funds ". 
 
 SCHOOLHOUSES 
 
 Proceeds of school district tax may bo used for building and repair- 
 ing schoolhouses provided distribution among all schools of dis- 
 trict be equitable. (Fla. XII 11.) 
 
 All expenses connected with erection and repair of echoed buildings 
 to be defrayed as provided by law. (Del. X 4.) 
 
 Legislature prohibited from passing any special private or local act 
 to regulate building or repairing schoolhouses. (La. 48; Minn. 
 IV 33; Mo. IV 53 (19) ; Okla. V 46; Pa. Ill 7; Tex. Ill 56.) 
 School Lands. See Public Lands.
 
 ( 3TITUTI0NS 
 
 ■ 
 
 officers in school districts, See above, this 
 title, School Districts — Officers. 
 
 ::ip*nsation 
 
 to be paid fixed and definite salaries. (Utah 
 
 XXI 1.) 
 ind definite salaries to be fixed by legislature, 
 led by constitution^ and to be in proportion to 
 rendered. (Wyo. XIV 1.) 
 iri.t, city, county or town to be paid fixed salaries 
 and i" be required by law to account for all fees and pay 
 proper treasury. (Utah XXI 1, 2.) 
 Dual Office Holding 
 
 lie Bchools may be elected to fill any executive or 
 judicial office. (Ark. XIX 26.) 
 
 Election or Appointment 
 
 ture Bhall provide for election or appointment of all 
 
 define qualifications, powers, duties, compensation 
 
 ; office. Salaries of state and county, and com- 
 
 ii of county treasurers fur collection and disbursement 
 
 1 moneys not to be paid from school funds but be 
 
 otherwisi provided for by legislature. (S.C. XI 3, 4.) 
 
 at Buch time as prescribed by law. (Utah IV 9.) 
 1- ■ 
 
 ired bj law to keep correct account of fees collected 
 
 into proper treasury; and officer whose duty it is 
 
 ■ ill.it such ues shall be responsible under bund for them. 
 
 (Utah XXI 2.) 
 - required by law to keep account of all 
 ami pay Bame into proper treasury. ( Wyo. XIV 2.) 
 Qualifications 
 
 i 1\ years of age and upwards eligible as. (Pa. X 3.) 
 having the qualifications of male electors as to age, 
 • and citizenship may vote on all matters pertaining 
 and are eligible for any school office. (N.D. 
 
 V 128.) 
 
 ng other qualifications of electors eligible to 
 
 "id al o to hold office pertaining to (he management 
 
 "f -' 1 Is. (Minn. VII 8.) 
 
 ection requiring county, township, and district 
 
 ' be electors of county, township and district in 
 
 shall prevent holding of school offices by any 
 
 i provided in article VII, section 9, and legislature 
 
 prescribe additional qualifications for superintendent of 
 
 inconsistent with constitution. (S.D. IX 7.) 
 
 having qualifications of male electors as to age, 
 
 Itizenship, and including those qualified under 
 
 "iy may hold any offiee in state except as other- 
 
 provided in (he constitution. (S.D'. VII 9.)
 
 Index Digest 583 
 
 EDUCATION (Cont'd) 
 
 School Officers (Cont'd) 
 Qualifications (Cont'd) 
 
 Women eligible fur school trustee. (Nev. XV 3.) 
 Women eligible to be school director or member of board of 
 
 education. (N.M. Vll 2.) 
 Women eligible to school and library offices. (Minn. Vii 8.) 
 Recall 
 
 District school board olheers in cities of first class may be re- 
 called by voters at special election on petition of 25 per cent, 
 of votes cast for all candidates for district school board office 
 at preceding election; and 35 per cent, for officers of other 
 
 school districts. (Wash. I 34.) 
 Removal 
 
 State board of education has power of removal of subordinate 
 school officers for cause upon notice to incumbent. (Fla. XII 
 
 3.) 
 School Director 
 
 Women with qualifications of male electors eligible for. (N.M. 
 
 VII 2.) 
 School Trustees 
 
 Women eligible with certain age and residence qualifications. 
 
 (Nev. XV 3.) 
 Legislature may divide counties into school districts and provide 
 for election biennially of three school trustees to have super- 
 vision of schools of, and with power to levy and collect district 
 school tax not to exceed 3 mills for exclusive use of free 
 schools of district whenever majority of qualified electors who 
 pay real or personal property tax vote for same. (Fla. XII 
 
 10.) 
 Not less than three for each school district to be selected from 
 qualified voters and taxpayers therein for terms and as legis- 
 lature may determine, except manner of selection need not be 
 uniform, and except that in special school districts now ex- 
 isting law governing same shall remain until changed by legis- 
 lature. (S.C. XI 6.) 
 Term 
 
 Legislature to fix terms and manner and time of electing or 
 appointing other officers than state superintendent having 
 supervision of public instruction. (Wis. X 1.) 
 Such even number of years not exceeding four as may be pre- 
 scribed by law. (Ohio XVII 2.) 
 School Taxes 
 
 For taxation for school purposes, See " Taxation — Objects and 
 Kinds of Taxation — Poll Taxes" and " Taxation — School 
 
 Taxes ". 
 Schools for White and Colored 
 
 Separate schools shall be provided and impartial provision made for 
 both. (Del. X 2; Fla. XII 12; N.C. IX 2; Okla. XIII 3; Tex. 
 
 • VII 7.)
 
 I TIUNS 
 
 ma ll be provided and no child of either race per- 
 ,,. ] provided fur other. (Ala. XIV 250; S.C. 
 
 XI 7.) 
 
 Spanish descent not to be denied full privileges of 
 
 pub ] and not to be segregated in separate schools but 
 
 full equality with other children in public schools and 
 
 nal institutions of state under penalty for violation to be 
 
 .Mature; three-fourths vote of electors voting in whole 
 
 and two-thirds of those voting in each county required to 
 
 amend this Bection. (N.M. XII 10.) 
 
 No distinction or discrimination to be made on account of sex, race 
 
 r color. (Wash. IX 1; Wyo. VII 10.) 
 
 distinction or classification of pupils allowed on account of race 
 
 or color. (Colo. IX 8.) 
 
 Win!.- and ccb >red persons not to be taught in same school. (Ga. 
 
 VIII 1; Ky. 187; La. 248; Miss. VIII 207; Mo. XI 3; Okla. 
 
 I 5; Tenn. XI 12; Va. IX 140; W.Va XII S.) 
 
 Legislature may make appropriation to one college or university for 
 
 education <>f colored persons. (Ga. VIII Sec. VI.) 
 
 Books and Supplies 
 
 ■ n of vested in state board of education. (Va. IX 132.) 
 
 Stut.- board of education to provide, compile or cause to be compiled, 
 
 and adopt uniform series of text-books for day and evening ele- 
 
 mentarj Bchools; and may require superintendent of state printing 
 
 tn print .-ami-, and shall distribute same free of cost to all children 
 
 tiding elementary schools, under conditions prescribed by 
 
 legislature. Text-books so adopted shall continue in use not less 
 
 than four years without changes necessitating furnishing pupils 
 
 with new books. (Cal. IX 7.) 
 
 Pupils m primary grades or public schools in parish of Orleans 
 
 unable tu furnish requisite books shall upon proper certification of 
 
 that fa.t be given books to be paid for out of the, school fund of 
 
 i- parish and the school board is directed to appropriate not less 
 
 tan $2,000 annually if so much is needed for this purpose. 
 
 (La. 261.) 
 
 S,t ! '' " J ' k * •» be supplied to children attending public schools 
 
 where parents or guardians by reason of poverty are unable to 
 
 furnish. (Va. IX 139.) 
 all be uniform system of school text-books not to be changed 
 more Mian once in six years. (N.M. XX 17.) 
 
 shall provide uniform system of school text-books for 
 
 common schools. (Okla. XIII 6.) 
 
 legislature nor state board of education to prescribe use of 
 
 text -books. (Colo. IX 16; Utah X 9.) 
 
 »re nor superintendent of public instruction to pre- 
 
 used in schools. (Wyo. VII 11.)
 
 Index Digest 585 
 
 EDUCATION (Cont'd) 
 
 School Text-Books and Supplies (Cont'd) 
 
 No teacher, school officer or public official may be interested in sale, 
 proceeds or profits of text-books, apparatus or furniture used In 
 any school with which said teacher or officer is connected, under 
 penalties fixed by legislature. (111. VIII 4; Miss. VIII 210; S.D. 
 
 VIII 17.) 
 
 No one connected with state school system or state educational 
 
 institutions to be interested in prolits of books or anything used 
 
 therein under penalties prescribed by law. This does not apply to 
 
 any work written or thing invented by such person. (VV.Va. XII 9.) 
 
 Sectarian I institutions 
 
 For profiibition of religious tests for teachers or students in educa- 
 tional institutions and sectarian control of common schools, See 
 above, this title, Common Schools — Management. 
 
 Sec also below, this title, Sectarian Instruction. 
 
 Public moneys not to be appropriated for sectarian schools. (Ariz. 
 IX 10; Colo. V 34, IX 7; Fla. XII 13; La. 253; Mass. Amend. 
 XVIII; Minn. VIII 3; Aliss. \ III 20&; Mont. XT 8; Nev. XI 10; 
 N.H. II S2; N.M. XII 3; N.D. VIII 152; Okla. II 5, XI 5; Ore. 
 I 5; S.C. XI 0; S.D. VI 3, VIII 16; Tex. 1 7; Utah X 13; Wash. 
 IX 4, XXVI; Wyo. VII S.) 
 
 No public money, lands, property or credit to aid of sectarian 
 schools. ( 111. VIII 3; Mo. XI 10; N.M. XII 3; N.Y. IX 4; S.D. 
 
 VIII 10.) 
 
 Public money or property not to be appropriated or used for benefit 
 of sectarian schools. (Ida. IX 5; Okla. II 5, XI 5; Tex. I 7.) 
 
 No money raised for public schools to be appropriated for sectarian 
 
 schools. (Ala. XIV 263; Pa. X 2.) 
 
 No money to be drawn from treasury for benefit of theological 
 seminaries. (Mich. II 3; Minn. I 16; Ore. I 5; Tex. I 7; Utah X 
 
 13; Wis. I IS.) 
 
 No appropriations nor public funds to be used in aid of any church, 
 school or educational institution controlled by any church or sec- 
 tarian denomination. (Colo. IX 7.) 
 
 Neither legislature nor any county, city and county, township, school 
 district or other municipal corporation shall help to support or 
 sustain any school, college or university controlled by any religious 
 creed, church or sectarian purpose. (Cal. IV 30.) 
 
 No appropriation or payment from school fund, or grant of land or 
 property to be made by legislature, county, city, town or school 
 district to aid school or educational institution controlled in part 
 or whole by any church, sect or denomination or for sectarian 
 
 purpose. (Mont. XI 8.) 
 
 No portion of public school fund to go to any private school or 
 school, academy, seminary, college or institution controlled by any 
 church or sectarian organization. (Wyo. VII 8.) 
 
 No part of proceeds of school lands to be used for support of any 
 religious or sectarian school, college or university. (Okla. XI 5.)
 
 I loNSTITUTIONS 
 
 now ■ 
 
 I'll) 
 
 us or gifts of public property or funds not to be 
 
 hoola or colleges directly or indirectly when 
 
 wholly or in part under direction or control of any church or 
 
 religious i ian denomination, society or organization. (S.O. 
 
 XI 9.) 
 
 portion of Bchool fund to be used for sectarian schools. (Ky. 189.) 
 
 ,1 fund not to be used for sectarian, church or denominational 
 
 schools. (Del. X 3.) 
 religious or other sect to have any right to or control over any 
 pai • hool funds. (Ohio VI 2.) 
 
 No religious seel to control any school or educational funds of state. 
 
 (Miss. VIII 208.) 
 No religious m ts to control any part of common school or university 
 
 funds. (Kan. VI 8.) 
 
 R] \\ [NSTBUCl ion 
 
 Prohibited in public educational institutions of state. (Ariz. XI 7, 
 
 XX 7: Cal. IX 8; Colo. IX 8; Mont. XI 9, Ord. I 4; Nehr. VIII 
 
 11; NYv. XI 9; XII. II 82; N.M. XXI 4; N.D. VIII 147; Okla. I 
 
 5; S.D. VIII 16, XXVI IS (4); Utah X 1, Ord. Ill; Wis. X 3; 
 
 VVyo. Ord. 5.) 
 Prohibited in State University. (Wis. X 6.) 
 
 Scl 1 districts allowing lose their share of public school fund. (Nev. 
 
 XI 2.) 
 
 rantee of freedom of worship and to hold religious sentiments 
 
 not to be construed to exclude Holy Bible from use in any public 
 
 school. (Miss. Ill 18.) 
 Compulsory attendance on religious service not to be required of 
 teachers or students in public schools or educational institutions 
 of Btate. (Mont. XI 9; X.M. XII 9; Wyo. VII 12.) 
 :•<■- ob Discriminations 
 also below, this title, State Univebsity — Admission. 
 
 llowed in public schools. (Kan. II 23; Wash. TX 1; Wyo. 
 
 VII 10.) 
 - hoolb, Colleges and Universities 
 
 ication of blind, deaf and dumb, feeble-minded and idiots, See 
 under thesi subdivisions under till' Charities. 
 
 ■ this till-. Common Schools — Scope of System. 
 
 this title, "Industrial Schools ", " Nobmal 
 
 ■ AGRICULTURAL AND MECHANICAL COLLEGE ", " Me- 
 
 ", 'Mining Instruction", " AcrBicuLTUBAL Col- 
 leges ". 
 liversitj for education of persons of color, recognized 
 lion for maintenance and support not to exceed 
 r annum. (La. 257.) 
 
 tool or other educational or charitable institution 
 Wahpeton will, grant of 40,000 acres or land. (N.D. 
 
 XIX 216.) 
 > n i confirmed. (Conn. VITT 1.)
 
 Index Digest 587 
 
 EDUCATION (Cont'd) 
 
 Special Schools. Colleges and Universities (Cont'd) 
 
 Leland Stanford Junior University, trusts and estates of approved 
 and confirmed. Legislature permitted to grant corporate powers 
 and privileges, and to exempt its personal and real property from 
 state, county and municipal taxation under speciiied conditions 
 provided residents of California are charged no tuition except 
 such fees as legislature may authorize. (Cal. IX 10.) 
 
 Harvard College, powers, privileges, etc., of president and fellows 
 confirmed; likewise gifts, grants, etc., confirmed and government 
 of the university provided with power in the legislature to alter 
 
 or amend the same. (Mass. V 1.) 
 
 Legislature prohibited from passing any special, private or local 
 act for management or support of private schools incorporating 
 same or granting privileges. (Miss. IV 90.) 
 
 Legislature may establish agricultural schools. (Va. IX 137.) 
 
 Legislature shall establish uniform system of free public schools and 
 as soon as practicable, establish schools of higher grade. (Miss 
 
 VIII 201.) 
 
 Laws to be passed to enable cities and towns to" maintain free 
 high, industrial and commercial schools. (Ariz. XI 9.) 
 
 Supervision of schools of higher grade vested in state board of 
 education as law shall provide. (Fla. XII 3.) 
 
 School of forestry located at Bottineau, with allotment of land 
 granted by United States. (X T .D. XIX 216.) 
 
 Manual training and technical schools and such grades of schools 
 as shall be for the public good, legislature may establish. (Va. 
 
 IX 137.) 
 
 New Mexico military institute at Roswell; provision for support 
 and government of. (N.M. XII 11, 13.) 
 
 State Board 
 
 Compensation 
 
 None, allowed. (Ariz. XI 3.) 
 Expenses 
 
 Legislature shall provide for traveling -of appointed members. 
 
 (S.C. XI 2.) 
 Legislature shall provide for contingent. (N.C. IX 12.) 
 Allowed. (Ariz. XI 3.) 
 How Constituted 
 
 Consists of governor as chairman, state superintendent of educa- 
 tion as secretary, and not exceeding seven persons appointed 
 by governor every four years. (S.C. XI 2.) 
 Governor, comptroller and secretary of state. (Tex. VII 8.) 
 Superintendent of public instruction, president, and until 
 otherwise provided by law to consist of governor, secretary of 
 state, auditor-general and superintendent. (Okla. XIII 5.) 
 Governor, president ex officio, lieutenant-governor, secretary of 
 state, treasurer, auditor, attorney-general, and superintendent 
 of public instruction as secretary ex officio. Majority a 
 
 quorum. (N.C. IX 8, 7, 9.)
 
 ;,ss State ( 'onsith tions 
 
 EDUCATION [Cont'd) 
 State Boabd [( 'ont^d 
 
 How Constituted [Cont'd) 
 
 As provided by law with state superintendent a member ex 
 
 officio. (Ida. IX 2.) 
 Seven members, governor and superintendent of public in- 
 struction, ex officio ami live appointed by governor with consent 
 of senate, to include head of some state educational institu- 
 tion. ;i county superiiiteh'denl of schools, and one other con- 
 nected with educational work. Legislature may provide for 
 district or other school officers subordinate to board. (N.M. 
 
 XII (i.) 
 
 Secretary of state, attorney-general and superintendent of public 
 
 education. Superintendent and one other a quorum. (Miss. 
 
 VI II 203.) 
 Superintendent of public schools, president, and governor, secre- 
 tary of state and attorney -general ex officio members. (Mo. 
 
 XI 4.) 
 Consists of four members elected for term of six years, one 
 at each succeeding biennial spring election. (Mich. XI 6.) 
 Consists of governor as president, secretary of state, attorney- 
 general, state treasurer and state superintendent of public 
 instruction as secretary. (Fla. XII 3.) 
 Consists of superintendent of public instruction and such other 
 
 persons as legislature may provide. (Utah X 8.) 
 Superintendent of public instruction a.3 president, secretary of 
 
 state and attorney-general. (Colo. IX 1.) 
 Legislature shall provide for appointment or election of. (Cal. 
 
 IX 7.) 
 Legislature shall provide. for creation of. (La. 250.) 
 (Jovernor, superintendent of public instruction, president of 
 the university and principals of state normal schools, cr 
 officio, and a city superintendent of schools, a principal of 
 a high school, and a county superintendent of schools, ap- 
 pointed by governor. (Ariz. XI 3.) 
 Composed of governor, attorney-general, superintendent of pub- 
 lic instruction and three experienced educators elected quad- 
 rennially by the senate from list of eligkbles nominated by 
 University of Virginia and other state institutions specified. 
 Vacancies tilled for unexpired term by the board. (Va. 
 
 IX 130.) 
 
 Powers and Duties 
 
 As prescribed b'j law. (Ariz. XI 3; Call TX 7; Colo. IX 1; 
 Mich. XI 0; Miss. VIII 203; Okla. XIII 5; S.C. XI 2; Tex. 
 
 VII 8.) 
 State Buii.di.nu.s 
 
 Supervision of vested in state superintendent of education. (Fla. 
 
 IV 25.)
 
 Imikx Digest 589 
 
 EDUCATION [Cont'd) 
 State Function 
 
 Here arc found only general provisions committing state to en- 
 couragement and support, of educational interests. 
 See also above, this title, "Common S<?HOQLS .',', " Special Schools, 
 Colleges and Universities", and below, this title, "State 
 
 University ". 
 
 Duty of legislature to cherish interests of, especially the university 
 
 at Cambridge, public schools and grammar schools in towns and 
 
 private societies for promotion of agriculture, arts, sciences, etc. 
 
 (Mass. Ft, II Ch. V 2.) 
 Duty of legislature to encourage schools and the means of in- 
 struction. (Nehr. I 4.) 
 Educational institutions to he established and supported by the 
 state as public good may require and as may be prescribed by 
 
 law. (Colo. VIII 1; Okla. XXI 1.) 
 
 Duty of legislature to promote and to adopt all means necessary 
 
 and proper to secure to people advantages and opportunities of 
 
 education. (R.I. XII 1.) 
 Schools and the means of education to be forever encouraged. 
 
 (Mich. XI 1; N.C. IX 1.) 
 Duty of legislature to cherish literature and science. (Tenn. 
 
 XI 12.) 
 
 Educational institutions and those for benefit of insane, blind, deaf 
 
 and dumb as public good may require shall be established and 
 
 supported by state. (Ida. X 1.) 
 Legislature shall foster and encourage, moral, intellectual, scientific 
 and agricultural improvement, and make provision for organiza- 
 tion of such institutions of learning as best interest of general 
 education in state may demand. (W.Va. XII 12.) 
 Duty of legislature to encourage and endow academies, colleges 
 and seminaries of learning but legislature must make such en- 
 dowment conditional on reservation of power to alter, limit or 
 restrain powers of such institutions. (Me. VIII.) 
 Legislature shall encourage intellectual, scientific, moral and agri- 
 cultural improvement. (Cal. IX 1.) 
 Duty of legislature to encourage schools and the. means of instruc- 
 tion. (Ohio I 7.) 
 Legislature shall encourage and advance sciences and liberal arts. 
 
 (Wyo. I 23.) 
 People have right to the privileges of, which it is duty of state 
 
 to guard and maintain. (X.C. I 27.) 
 Educational institutions other than existing state institutions or 
 those provided for in the constitution shall not be established ex- 
 cept upon two-thirds vote of members elected to each house of 
 
 legislature. (La. 60.) 
 State University 
 
 Here arc digested provisions relating alone to state universities; 
 for provisions relating to state institutions in general, Sec State 
 
 Institutions. 

 
 
 Si.\ I fSTITUTIONS 
 
 lTIOM ' 
 
 it'd) 
 
 Admission 
 
 r, to students of both sexes. (Ariz. XI 6; Wyo. VII 16.) 
 Colleciate departments to be open to both sexes. (Cal. IX 9; 
 
 Mont. XI 9.) 
 o students irrespective of race or color. (Wyo. VII 16.) 
 
 Buildings 
 
 to lie levied nrul no money appropriated out of the 
 ernl revenue for establishment and erection of buildings 
 of the University of Texas. (Tex. VII 14.) 
 
 Bonds 
 
 Details of arrangements for separation of liability for university 
 bonds and payment for same after separate organization of 
 states of North and South Dakota. (S.D. XIII 6.) 
 
 Colored Branch 
 
 rjislaturc shall when deemed practicable establish and provide 
 fnr maintenance of a college or branch university; but no 
 ill be levied and no money appropriated out of the 
 genera] revenue for this purpose. (Tex. VII 14.) 
 Fiee Instruction 
 
 To be free as nearly as possible. (Ariz. XI 6.) 
 Instruction to he free, and legislature to provide for special 
 tax to provide additional income if that from grants and 
 other sources is not sufficient to furnish instruction as nearly 
 free as possible. (Wyo. VII 16.) 
 Funds 
 
 (//.so abovt , this title, Funds. 
 
 ietary of state, treasurer and attorney-general constitute 
 board of commissioners for sale of school and university lands, 
 and for investment of funds arising therefrom. Any two a 
 
 quorum. (Wis. X 7.) 
 ture to provide special tax not to exceed 2 mills on 
 dollar of taxable property in state in addition to other means 
 provided for support and maintenance of university and com- 
 mon schools. (Ncv. XI 6.) 
 w. religious sects to control any part of common school or 
 
 university funds. (Kan. VI 8.) 
 Proceeds of lands granted by United States for support of a 
 liversity to be a perpetual fund, interest to be appropriated 
 f'.r support of state university. (Wis. X G.) 
 Proceeds of Fair or rent of lands granted by United States for 
 university and all other grants or gifts for this purpose 
 II remain a perpetual fund, interest of which to go to 
 port of university. (Kan. VI 7.) 
 ids of Mate university and of all other state institutions of 
 learning to be inviolate and invested under regulation of law 
 ! guaranteed by state against loss or diversion. (Mont. 
 
 XI 12.)
 
 Index Digest 591 
 
 EDUCATION (Cont'd) 
 
 State University {Cont'd) 
 Funds (Cont'd) 
 
 Seminary fund for support of university and agricultural and 
 mechanical college declared to be $136,000, proceeds of sale of 
 lands, etc., shall be perpetual loan to the state upon which 
 it shall pay the 4 per cent, annual interest. (.La. 259.) 
 
 Board of regents shall have exclusive control and direction of 
 all funds of and appropriations to. (Colo. IX 14.) 
 
 Legislature to provide not less than $36,000 annually as interest 
 on the funds of, heretofore covered into the treasury for sup- 
 port of university. (Ala. XIV 205.) 
 
 May be invested in the bonds of any county, school district, 
 city, town or village of the state when approved by the board 
 of commissioners and provided the indebtedness so incurred 
 does not exceed 15 per cent, of assessed valuation of taxable 
 real property of school district, etc., and provided interest 
 rate is not less than 3 per cent, and loan is made for a term 
 not less than live nor more than 20 years. (Minn. VIII li. i 
 
 Permanent university fund consists of certain lands and pro- 
 ceeds thereof together with all grants, donations and appro- 
 priations made by state of Texas or from any other source, 
 to be invested in state of Texas bonds or United States bonds, 
 and legislature to appropriate interest for state university. 
 
 (Tex. VII 11, 12, 15.) 
 
 Proceeds of section 13 in every portion of the state to be appor- 
 tioned by legislature among educational institutions as fol- 
 lows: University of Oklahoma, one-third. However, said 
 land or proceeds of sale or of indemnity lands granted in 
 lieu of section 13 shall be invested and preserved as a trust 
 never to be diminished but may be added to and income, 
 interest, rentals only to be used exclusively for said educa- 
 tional institutions, which shall remain under the exclusive 
 control of the state. (Okla. XI 5.) 
 
 Money or property belonging to state for benefit of university 
 never to be used for other purposes. (Ark. XIV 2.) 
 
 Funds accrued from rents or sale of university lands or other 
 sources shall remain a permanent fund for support of uni- 
 versity, and legislature shall provide for improvement and 
 permanent security of said funds. (Iowa IX 2, 5.) 
 
 Such portion of interest of school fund as may be necessary 
 
 may be appropriated for support of state university. (Nev. 
 
 XI 3.) 
 Lands. Pre Public Lands. 
 
 Management 
 
 Regents to have general supervision of and control and direction 
 
 of funds and appropriations to under regulations prescribed 
 
 by law. (Ida. IX 10.) 
 
 Regents of and governing boards of other state educational 
 
 institutions to be appointed by governor. Governor ex officio 
 
 member of board of regents. (Ariz. XI 5.)
 
 
 - 
 
 Ma' 
 
 . and cl w that two Bhall be 
 
 £ or a term ui aix years. (Colo. 
 
 IX 12.) 
 
 • eight memberB holding office for 
 
 h regular biennial spring 
 
 Ued by appointment by the governor. 
 
 - and thei: - as a body corporate 
 
 : the i rsity of Michigan. 
 
 .lent who with superintendent of public 
 
 e member.- of board of regents, with privi- 
 
 • :ig but not voting. President of the univers I 
 
 ■ : and principal executive officer 
 
 the university; the board to have general supervision of 
 
 and direction and control of university funds. 
 
 (Mich. XI 3, 4, 5.) 
 
 .; control oard of education consisting of gov- 
 
 tendent of public instruction and attorriey- 
 
 and eight members appointed by governor 
 
 by senate. (.Mont. XI 11. J 
 
 ition of regents of the university continued as created 
 
 in 17 ji.-lature empowered to iru I modify or 
 
 dimini-!i it- corporate power.- which Bhall be exercised by not 
 
 ine regents, i N.Y. IX 2.) 
 
 for electi • of Uni- 
 
 I Lrolina. [N.C. IX 6.) 
 irerned under direction of legislature by board of six regents, 
 elected by the p • withoul corn- 
 
 actual expenses. Duties and powers pre- 
 
 r. VII . 
 • g r.eral election to be classified by lot, 
 e for term of two, four and six years. (Nebr. 
 
 XVI 22.) 
 
 II provide for management of by board of regents 
 
 re members appointed for four year- by 
 
 <>t with consent of senate and not more than three of 
 
 I | irtj • time of appointment; duties pre- 
 
 .xii i: 
 
 • a board of live members, with power of 
 pointed by governor, con- 
 ad restrictions as legislature 
 D. XIV 3.) 
 
 f and boards of trustees or managers of state 
 
 y be authorized by legislature to 
 
 . one-third to be elected or appointed 
 
 filled as provided by law. 
 
 (Tex. XVI 30a.) 
 
 ride for man. of by board of 
 
 ven members appointed by governor 
 
 ate; president of and superin-
 
 I.\I)K\ Dh.KST •"'•'•"' 
 
 EDUCATION (Cont'd) 
 
 State Univebsitx [Cont'd] 
 Management (Cont'd) 
 
 tendent of public instruction to be members ex o/Jiciu of board 
 without vote; duties and powers of board to be prescribed by 
 
 law. (Wyo. VII 17.) 
 
 To be managed by board of trustees consisting of two members 
 rfrom congressional district in which it is located, one from 
 each of the other congressional districts in the state, and the 
 superintendent of education and the governor as ex officio 
 president of the hoard. Elected ihemb'efs bold office \~ 
 years. Members elected to lill vacancies by other members 
 and confirmed by senate. If senate rejects it then elects. 
 Members serve without pay other than actual expenses. (Ala. 
 
 XIV 2G4.) 
 
 Government of vested in board of nine curators appointed by 
 governor and confirmed by senate. (Mo. XI 5.) 
 
 Legislature to provide for election of a board of regents for, 
 and define their duties. Board of regents from its first funds 
 to organize a mining department, but to set aside in separate 
 fund proceeds of public lands under grant of 1862 for agri- 
 culture and mechanic arts, including military tactics, for 
 those departments and state to guarantee and make good any 
 loss in this separate fund. (Nev. XI 7, 8.) 
 Organization and Maintenance 
 
 See also cbboi)e, this s'il%)di>i>isiori. Kr:-:i>s. 
 
 Legislature shall provide for. (Kan. VI 7; N.C. IX 6; Tex. 
 
 VII 10.) 
 
 Legislature shall maintain a university. (Mich. XI 10.) 
 
 Legislature may establish. ('Nev. XI 4.) 
 
 Location of, and of school of mines fixed at Grand Forks, and 
 to have lands granted by a'ct <>f Congress February 22, 1889, 
 subject to limitations of article on school and public lands. 
 
 (N.l). XIX 215.) 
 
 Legislature shall aid and maintain from public school fund 
 whenever that fund will permit. (Mo. XI 5.) 
 
 Legislature may provide for maintenance of University of South 
 Carolina and the YYinthrop Normal and Industrial College, a 
 branch of and may create scholarships therein. (S.C. XI S.) 
 
 Trustees of University of Georgia may accept bequests, dona- 
 tions and grants of land or property for university. Legis- 
 lature shall in addition to payment of annual interest on debt 
 due by state to university, make from time to time donations 
 as condition of treasury may permit. (Ga. VIII Sec VI.) 
 
 Location of University of Idaho confirmed and rights, immuni- 
 ties, franchises and endowments heretofore granted also made 
 
 perpetual. (Ida. IX 10.) 
 
 Legislature cannot 'change location of except by two-thirds vote 
 of legislature with yeas and nays entered on journals. (Ala. 
 
 XIV 267.) 
 
 Louisiana state University and Agricultural and Mechanical 
 College founded on lands granted by the United States is
 
 State Constitutions 
 
 EDUCATION (Cont'd) 
 
 Organization and Maintenance (Cont'd) 
 
 jnized and all revenues derived from the funds donated 
 by the United States fur that purpose shall be appropriated 
 lusively for their benefit. Legislature shall make addi- 
 tional appropriations as may be necessary for maintenance, 
 support, improvement and equipment. TulaneJJniversity also 
 recognized as state institution and to be developed in accord- 
 ant « with legislative act July 5, 1884, which has been made 
 a part of the constitution. (La. 256.) 
 ],, be established at one place without branches and university 
 fund to be applied to that institution and no other. Uni- 
 versity lands and proceeds thereof belong to permanent fund 
 for sole use of, interest to be appropriated annually for sup- 
 port and benefit of. Seat of permanently established at Iowa 
 city. (Iowa IX Pt. I 11, Pt, II 2, XI 8.) 
 University of California constituted a public trust. Moneys 
 derived from sale of public lands under act of Congress July 
 ■1. 1862, and amendatory acts, to be applied to maintenance 
 of at least one college of agriculture, and legislature to see 
 that principal of this fund remain forever undiminished. 
 
 (Cal. IX 9.) 
 University at Boulder recognized as state institution; control 
 and management of to be regulated by legislature, location 
 of and grants, gifts and appropriations for confirmed for use 
 and benefit of; regents may establish and maintain all but 
 first two years of departments of medicine, dentistry and 
 pharmacy at Denver. University extension work and farmers' 
 institutes and short courses may be carried on in any part 
 
 of state. (Colo. VIII 5.) 
 Location of University of Minnesota confirmed and rights, im- 
 munities, franchises, endowments and donations perpetuated. 
 
 (Minn. VIII 4.) 
 I Diversity of New Mexico confirmed as a state educational 
 
 institution. (N-.M. XII 11.) 
 Provision shall he made by law for, located at or near seat of 
 government and for connecting with it colleges in different parts 
 of state as interests of education may require. (Wis. X 6.) 
 Location and establishment of confirmed and all rights, fran- 
 chises and endowments heretofore granted are perpetuated. 
 
 (Utah X 4.) 
 
 nt of confirmed. Lands granted by Congress for 
 
 ml all other grants, donations or devises for to vest in and 
 
 clusively used for, and may be leased by land commis- 
 
 but not sold except on terms approved by Congress. 
 
 (Wyo. VII 15.) 
 ' eleel president of, to hold office until removed by 
 I of regents for cause, and to be ex officio member o'f 
 ard without vote except in ease of tie; to preside at meet- 
 ings of board and he chief executive officer of university and 
 member of faculty. (Colo. IX 13.)
 
 Index Digest 595 
 
 EDUCATION (Cont'd) 
 
 State University (Cont'd) 
 Right of Eminent Domain 
 
 Regents of the university have power to take private property 
 for the use of the university as prescribed by law. ( Mich. 
 
 XIII 4.) 
 Superintendent 
 
 Also called superintendent of public instruction, commissioner of 
 education, state school commissioner, superintendent of public 
 schools, state superintendent of education, suj>crintendent of edu- 
 cation, state superintendent of free scltools. 
 Under this Jieading arc digested those provisions which specifically 
 refer to this officer. For provisions relating to all officers and hence 
 to this one, See the title Public Officers. 
 
 Accounts 
 
 Account for all moneys received by him and make report thereof 
 to governor under oath annually and at other times as gov- 
 ernor may require. (N.M. V 9.) 
 Account to be kept of all moneys received and disbursed and 
 semi-annual report thereof under oath to governor. Officer 
 making false report guilty of perjury. (111. V 20; Mo. V 22; 
 
 Nebr. V 21; YY.Ya. VII 17.) 
 
 Account to be kept of all moneys received and disbursed and 
 
 semi-annual report thereof under oath to governor. (Ida. 
 
 IV 17.) 
 Appointment 
 
 By governor with advice and consent of two-thirds of all members 
 
 of senate. (Pa. IV 8.) 
 By governor. (Ohio VI 4.) 
 Legislature may substitute other officer or officers as may be 
 
 necessary to perfect school system. (Ga. VIII Sec. II.) 
 Secretary of state to discharge duties of, until otherwise pro- 
 vided by law. (Ark. VI 21.) 
 Bond 
 
 Of not less than double amount of money that may come into 
 hands, and not less than $50,000; sureties, and approval 
 " thereof ", and increase of penalties, as may be prescribed 
 
 by law. (Nebr. V 25.) 
 Compensation 
 Salary 
 
 As to whether salary fixed may be changed by larc, See 
 below, this subdivision, Compensation — Increase or 
 
 Decrease. 
 
 Fixed by law. (Ala. V 118, XIV 262; Colo. IV 19; 111. V 
 
 23; Ind. VIII 8; Kan. I 15; Ky. 96; Mich. XI 2; Miss. 
 
 VIII 202; Mo. V 24; N.C. Ill 15; Okla. VI 34; Ore. VIII 
 
 1; S.C. IV 24, XI 1; Va. IX 131; YY.Va. VII 19; Wis. 
 
 X 1.) 
 Same; not to exceed $2,000. (Ga. VIII Sec. II.) 
 Fixed at $1,500. (Fla. IV 29; Ida. IV 19; Utah VII 20.) 
 Fixed at $1,800. (S.D. XXI 2.)
 
 
 State Odi ' [ o NS 
 
 . N i 
 
 
 Comper I'd) 
 ted at $2,000. 
 
 (Nehr. V 24; 
 
 2,500. 
 
 (Ariz. V 13; 
 
 Ney. XVI 1 5; N.D. Ill S4 ; 
 
 Wyo. IV 13.) 
 
 Mont. VII 4; Okla. Sched. 
 
 15; Wash. Ill 22.) 
 
 I ixed • 00, (N.M. V 12.) 
 
 , ; |5,00a (La. 249.J 
 
 utary of state. (Gal. IX 2.) 
 
 l»e or 1>' i "it*- 
 flowed. (Ariz. V 13; Ida. IV 19; Mont, VII 4; N.D. Ill 
 
 84; Okla. Sched. 15; Utah Vll 20; Wy<>. IV 13.) 
 Allowed after eight years from date of adoption of consti- 
 tution. (Fla. IV 29.) 
 Allowed after 10 years from dale of actmission as state. 
 
 (N.M. V 12.) 
 Increase prohibited. (S.D. XXI 2.) 
 Prohibited during official term. (Cold. IV 19; 111. V 23; 
 
 Mo. V 24; Mont. VII 4; W.Va. Vll 19.) 
 Prohibited during term for which elected. (Ala. V 118; 
 Kan. 1 15; NT.C. HI 15; N.D. ill 84: Okla. 634; S.C. IV 
 
 24; Wyo. IV 13.) 
 Prohibited to extent that it affects salary during term. 
 
 (Ida. IV 19, V 27.) 
 In, i... c Unwed but not to exceed $4,000. (Wash. Ill 22.) 
 Prohibited to extent that it affects salary during term, 
 unless vacancy occurs, in which case successor to receive 
 salary provided by law at time of election or ap- 
 pointment, (Utah VII 20.) 
 'ilit-r Than Hillary 
 olumenf or allowance other than salary, prohibited. 
 
 (N.C. Ill 15.) 
 Salary to he in full payment for all services rendered. 
 
 (N.M. V 12.) 
 Salary to be in full for all services rendered in official 
 icitj or employment during term of office. (Ida. IV 
 !!'; Mont. VII 4; Utah VII 20.) 
 
 tion limited to salary. (111. V 23; Ky. 96; Mo. 
 V 21; Nebr. V 24; N.M. V 12; Okla. VI 34; W.Va. VII 
 
 19.) 
 
 i receive additional compensation beyond salary for 
 
 rendered state in connection with internal im- 
 
 men< fund or other interests belonging to state. 
 
 (Fla. IV 29.) 
 
 Feea for performance of duties not to be received. (Ida. IV 
 
 19; Mont. VII I; X.M. y 12; Utah VII 20.) 
 
 1 or perquisites for performance of duties not to be 
 
 I. (HI. V 23; Mo. V 24; Xebr. V 24; Okla. VI 
 
 •!4; S.I). XXI 2; W.Va. VII 19.)
 
 Index Digest 597 
 
 EDUCATION (Cont'd) 
 
 Superintendent (Cont'd) 
 Compensation (Con I'd) 
 
 Compensation &theV Tlicn Saltiry (Cifhi'd) 
 
 Fees or perquisites for performance of duty connected with 
 office or for performance of additional duty imposed by 
 law not to be received (New XVII 5.) 
 Costs not to be received. (III. V 23; Mo. V 24; Nebr. V 
 
 24; Okla. VI 34; YV.Va. VII 1!).) 
 Interest on public moneys in hands or under control, not 
 
 to be received to own use. (Nebr. V 24.) 
 Fees and profits to be covered into treasury. (N.l). Ill 84; 
 
 Wyo. IV 13.) 
 
 Fees payable by law to be paid in advance into treasury. 
 
 (Colo* IV 19; 111. V 23; Mo. V 24; Nebr. V 24; W.Va. 
 
 VII 19.) 
 Fees payable by law to l»e colled ed in advance and de- 
 posited with treasurer quarterly to credit of state. (Ida. 
 IV 10; Mont. VII 4; Utah VII 20.) 
 Fees collected to be covered into treasury. (Ivy. 93.) 
 
 Expenses 
 
 Legislature may provide for actual and necessary expenses 
 while traveling in state in performance of official duty. 
 
 (Ida. IV 19; Utah VII 20*) 
 
 Shall be reimbursed not to exceed $500 in any one year for 
 
 expenses incurred in performance of duties required by 
 
 legislature. (W.Va. XII 2.) 
 
 Legislature may provide for payment of actual or necessary 
 
 expenses incurred while in performance of official duty. 
 
 (Ida. V 27.) 
 Payment 
 
 Quarterly. (Ida. IV 19; Mont. VII 4; Nev. XVII 5; N.M. 
 
 V 1 ; Utah VII 20. ) 
 Deputy 
 
 Women eligible. (Nev. XV 3.) 
 
 Dual Office Holding, See below, this subdivision, Qualifications and 
 
 Disqualifications. 
 
 Division Superintendents 
 
 Two selected by state board, one from a county and one from 
 a city to hold office for two years with powers and duties 
 identical with those of other members of state board but not 
 to participate in appointment of public school officials. (Va. 
 
 IX 130.) 
 State board of education may divide state into appropriate 
 school divisions comprising not less than one county or city 
 each but not dividing a count}- or city, and subject to con- 
 firmation of senate appoint one superintendent for each divi- 
 sion for term of four years, prescribe duties and remoTe for 
 
 cause. (Va. IX 132.)
 
 I lONSTITUTlONS 
 
 r 
 
 EDUCATION ' nt'd) 
 
 [Cont'd) 
 
 Election 
 
 I nder this subhead are digested those provisions which specifi- 
 
 , refer to this officer; for provisions relating to elections 
 
 eneral, See the title Elections; for provisions allowing the 
 
 ttablish offices and provide for their election 
 
 appointment, See the title Public Qfficebs. See also 
 
 , this title, " School Elections " and " School Officers 
 
 — Election ob Appointment". 
 
 to Fill Vacancy, See below, thU subdivision, Vacancy 
 
 in Office. 
 
 tested Eh i I 
 
 Determined as prescribed by law. (Ida. IV 2; Mo. V 25; 
 
 Mont. VJI 2.) 
 Determined by legislature in manner prescribed by law. 
 
 (Ala. V 115; Wash. Ill 4.) 
 
 Determined by both bouses of legislature by joint ballot in 
 
 manner prescribed by law. (Colo. IV 3; 111. V 4; Nebr. 
 
 A' 4; N.C. Ill 3.) 
 EU dors 
 
 Qualified electors of state. (Ala. V 114; Ariz. V 1; Cal. 
 IX 2; Colo. LV 3; Fla. IV 20; Ga. VIII Sec. II; Ida. IV 
 2; III. V 1; hid. \ III 8; Kan. I 1; Ky. 91; La. 249; Mo 
 V 2; Mont. VI i 2; Nev. XI 1; X.C. Ill 1; X.D. Ill 82; 
 Okla. VI 4; S.C. IV 24; S.D. IV 12; Utah VII 2;.Va. IX 
 131; Wash. Ill 1; W.Va. VII 1; Wis. X 1; Wyo. IV 11.) 
 
 Provision for 
 
 Governor shall be superintendent but after five years from 
 date of adoption of constitution legislature may provide 
 for election of superintendent. (Ore. VIII 1.) 
 1!> turns and Canvass 
 
 Returns made in manner prescribed by law. (Ida. IV 2; 
 
 Mont. VII 2.) 
 Until otherwise provided by law, abstract of returns to be 
 sealed and transmitted to secretary of state who, with 
 lieutenant-governor and attorney-yeneral, constitutes a 
 board of canvassers; to meet at state capitol on second 
 Tuc-ilay of December after election to proclaim result. 
 
 (Kan. I 2.) 
 
 led and transmitted to speaker who opens and publishes 
 
 in presence "f majority of members of both houses. (N.C. 
 
 Ill 3.) 
 
 led and transmitted to secretary of state who delivers 
 
 peaker at first meeting of house, who opens and pub- 
 
 in pi.-s.nce of majority of members of both houses. 
 
 (Wash. Ill 4.) 
 
 and transmitted in speaker «,f house, who, during 
 
 -inn, opens and publishes in presence of
 
 Index Digest 599 
 
 EDUCATION (Cont'd) 
 
 S DPERINTENDENT ( Con i 'd ) 
 
 Election (Cont'd) 
 
 Returns and Cwnvdss (Cont'd > 
 
 both houses in joint convention, but speaker's duty and 
 duty of joint convention to be purely ministerial. (Ala. 
 
 V 115.) 
 Sealed and transmitted to speaker who, immediately after 
 organization of house and before proceeding to other busi- 
 ness, opens and publishes in presence of majority of each 
 house. (111. V 4; Mo. V 3: Xebr. V 4, W.Va. VII 3.) 
 Sealed and transmitted to speaker, who immediately on or- 
 ganization of house and before proceeding to other busi- 
 ness opens and publishes in presence of majority of mem- 
 bers of both houses. (Colo. IV 3.) 
 Tie Vote 
 
 Legislature at next regular session to elect forthwith by 
 joint vote one of persons in tie. (Ariz. V 1; Ida. IV 2; 
 Mont. VII 2; Utah Y! I 2.) 
 Legislature by joint vote to elect one of persons in tie. 
 (Colo. IV 3; 111. V 4; Kan. I 2; Mo. V 3; Xebr. V 4; 
 N.C. Ill 3; Wash. Ill 4; W.Va, VII 3.) 
 Legislature by joint vote without delay to elect one of per- 
 sons in tie. (Ala, V 115.) 
 Time and Places 
 
 As prescribed by law. (W.Va. VII 2.) 
 At same time as governor. ('Oak IX 2; Fla. IV 20; Ga. 
 
 VIII .Sec. II; Ky. 91, 95; Miss. VIII 202; Va. IX 131.) 
 Same as for members of legislature. (Ala. V 114; Ida. IV 
 2; Kan. I 1; Mont. VII 2; N.C. Ill 1; X.D. Ill S2 ; S.D. 
 IV 12; Utah VII 2; Wash. Ill 1; Wyo. IV 11.) 
 At same time as members of supreme court. (Wis. XL) 
 At general election. (Colo. IV 3; 111. V 3; Xebr. V 1; S.C. 
 
 XI 1.) 
 Expenses, See above, this subdivision, Compensation. 
 Fees, See above, this subdivision, Compensation. 
 Impeachment 
 
 See also Impeachment. 
 
 For high crimes or misdemeanors, and for misconduct, habits of 
 
 drunkenness, or oppression in office. (Mo. VII 1. 
 For " high crimes and misdemeanors, for non-feasance or mal- 
 feasance in office, for incompetency, for corruption, favoritism, 
 extortion or oppression in office, or for gross misconduct, or 
 habitual drunkenness''. (La. 217.) 
 For wilful neglect of duty, habitual drunkenness, incompetency 
 or any offense involving moral turpitude committed while in 
 
 office. (Okla. VIII 1.) 
 For wilful neglect of duty, corruption in office, incompetency, 
 intemperance in use of liquors or narcotics, or offense involv- 
 ing moral turpitude in office. (Ala. VII 173.)
 
 [TUT30NS 
 
 N 
 
 Other 
 
 itive department. (Ala. \ 112; Ariz. 
 
 . |\ 1: Ida. IV 1; 111. V 1; Kan. T 1; Mo. V 1 ; 
 
 br. V 1: N.C HI I J N-M- V 1; Ohio VI 4; 
 
 VI i- Pa IV 1: Utah VI] 1 ; Wash. [II 1; W.Va. VII 
 
 1.) 
 
 tate board of education. (Ida. IX 2.) 
 
 frcio of state hoard of education. (Va. IX 131.) 
 
 ■nl of board of education. (Okla. XIII 5.) 
 
 tary of state board of education, ex-ofiicio mem- 
 
 ■ Is having control of public instruction in any 
 
 stitution with nigh! to speak but not to vote. (Mich. 
 
 XI 2.) 
 
 tate hoard of education, and c.r-nfficio member of 
 
 having control of public instruction in any state 
 
 institution. ( Ariz. XI 4.) 
 
 in II of state to advise governor in execution of his 
 
 office. (N.C. Ill 14.) 
 
 ! of land commissioners'. (Ida. IX 7; Okla. 
 
 VI 32.) 
 
 and Duties 
 
 overnorship, See Governor. 
 
 by law. (Ala. V 137, XIV 262; Fla. IV 25; 111. 
 
 \ !: Ind. VIII 8; Kan. VI 1; Ky. 91, 93; La. 249; Mich. XI 
 
 VIII 202; Mo. V 1: Xev. V 22; Ohio VI 4; Ore. 
 
 \ III I; N.i'. Ill 13; N.I). 111 83; Pa. IV 20; S.C. TV 24. XI 
 
 - D. IV 13; I la 1 ) VII lit; Wash. Ill 22; W.Va. VII 1; 
 
 Wis. X 1 : Wyo. IV 12.) 
 
 bj constitution or by law. (Ariz. V 1. 9; Ida. 
 
 iv I ; Mont VII 1 : okla. VI 1 ; Utah VII 1.) 
 
 ribed by state board of education. iVa. IX" 131.) 
 
 jion nf public instruction vested in superinten- 
 
 .. IV 2.-,; Mich. XI 2; Wis. X 1.1 
 
 tions and Disqualifications 
 
 l 
 
 ! by law. (Wis. XI.) 
 
 its. (Ariz. V 2; Tda. IV 3; Miss. VIII 202. 
 V L33; Mo. V lit; X.I). Ill S2 ; Wyo. IV 11.) 
 
 '• time of election. (Ala. V 132.) 
 (Colo. IV I; \.M. V ;]■ Okla. VI 3.) 
 ;'t time of election. (Ky. 91 ; Mont. VII 3.) 
 
 M Plo. IV 1: Ida. TV 3; Mo. V 19; Mont. 
 
 VM. V 3; N.I). Ill R2; Okla. VI 3; Wyo. IV 11.) 
 
 Elates for seven years (preceding election?). 
 
 (Ala. V 132.) 
 for Ki years preceding election. (Ariz. 
 
 V 2.)
 
 l.\i>K\- Digest 60] 
 
 EDUCATION (Cont'd) 
 
 S I PEW NTENDENT ( < 'oil ( '</ ) 
 
 Qualifications and Disqualifications (Cont'd) 
 ( 'it i:< nskvp i ( 'mit'il i 
 
 In state for two years preceding flection. (Ida. IV 3; Ky. 
 
 91.) 
 
 In state for rive years preceding election. (Ala. V 132; 
 
 Ariz. V 2; Miss. VIII 202, V 133 ; N.M. V 12; Utah 
 
 VII 3.) 
 Dual Office Holding 
 
 Ineligible to other office during term of service. (W.Va. 
 
 VII 4.) 
 Ineligible to other office during term of office, except member 
 
 of state board of education. (Mont. VII 4.) 
 Ineligible to other office during period for which elected. 
 
 (111. V 5.) 
 Ineligible to other state office during period for which 
 
 elected. (Nebr. V 2.) 
 Electoral 
 
 Qualified elector at time of election. (Utah VII 3.) 
 
 Must have been qualified elector of state for three years 
 
 preceding election. (Okla. VI 3.) 
 Must have qualifications of state electors. (N.D. Ill 82; 
 
 (Wyo. IV 11.) 
 Prior Service in Office as Disqualification 
 
 Ineligible as own successor. (Ala. V llfi.) 
 Ineligible to re-election for four years after term for which 
 
 elected. ( Ky. 93.) 
 Ineligible to state office for two years after expiration of 
 two consecutive terms. (N.M. V 1 [1914].) 
 
 Professional 
 
 Must be trained and experienced educator. (N.M. V 3 ; Va. 
 
 IX 131.) 
 Residence 
 
 Residence during term, See below, this subdivision, Resi- 
 
 DENCE. 
 In state for two years preceding election. (Colo. IV 4; Ida. 
 
 IV 3; Ky. 9-1; Mont. VII 3.) 
 In state for five years preceding election. (Ala. V 132; Mo. 
 
 V Ift; Utah VII 3.) 
 In state continuously for five years preceding election. 
 
 • (N.M. V 3.) 
 Sex 
 
 See also above, this subdivision, Qualifications and Dis- 
 qualifications — Electoral. 
 Females bver 21 years of age and residents of state, county 
 and district six months next preceding election or appoint- 
 ment are eligible. (New XV 3.) 
 Women eligible. (Nev. XV 3.) 
 Must be male. (Ariz. V 2; Mo. V 19; Okla. VI 3.)
 
 3TITDTI0NS 
 
 lTIOH i 
 
 t'd) 
 
 Reports 
 
 30 days before regular suasion of legislature, to gov- 
 
 shall transmit same to legislature. (N.M. V 9.) 
 
 Report* 20 dayB before regular session of legislature to gov- 
 
 -h.ill transmit same to legislature. (Ida. IV 17.) 
 
 lo days before regular session of legislature to gov- 
 
 r who transmits same to legislature. (111. V 21; Kan. 
 
 1 10; Nebr. V 22; W.Va. VII 18.) 
 
 - live .lays before regular session of legislature to gov- 
 
 trnur who transmite same to legislature. (N.C. Ill 7.) 
 
 .< rnor or either house of legislature may require information 
 
 from, in writing, under oath at any time. (Nebr. V 22.) 
 
 senior maj require information from, in writing, under oath, 
 
 my time. (Ala. V 121; Ida. IV 8; 111. V 21; Mo. V 22; 
 
 W.Va. VII 18.) 
 v.rnor may require information from, in writing, at any time. 
 N.C. Ill 7; Okla. VI 33 (also of all officers, of state educa- 
 tional institutions). 
 Keiidence 
 
 is .nullifications for office, See above, this subdivision, Quali- 
 fications and Disqualifications. 
 At Beat «.f government. (Ariz. V 1; Colo. IV 1; Ida. IV 1; 111. 
 V 1 ; Mo. V 1 ; Mont. VII 1 ; N.M. V 1 ; Utah VII 1 ; W.Va. 
 
 VII 1.) 
 
 At seat of government, except during epidemics. (Ala. V 118.) 
 
 office to he kept at seat of government. (Ariz. V 1; iGa. VIII 
 
 Sec. II; Kan. Sched. G; N.D. Ill 82; Okla. VI 4; S.D. IV 12; 
 
 Wash. Ill 24 (but need not reside there); Wyo. IV 11.) 
 
 < ►ffice to be kept at seat of government, but in case of invasion 
 
 or violent epidemics governor may direct office to be removed 
 
 temporarily to other place. (Fla. XVI 10.) 
 
 Public records to he kept at seat of government. (Ariz. V 1; 
 
 Colo. IV 1; [da. IV 1; 111. V 1; Mo. V 1; Mont. VII 1; 
 
 N.M. V 1; Okla. VI 4; Utah VII 1; Wash. Ill 24; W.Va. 
 
 VII 1.) 
 Seal of office to he kept at scat of government. (N.M. V 1.) 
 Term of Office 
 /.' ngth 
 
 ar&. (Ariz. V 1; Colo. IV 1; Ga. VIII Sec. II; Ida. 
 IV 1; l"'i. VIII 8; Kan. I 1; Nebr. V 1; Nev. XI 1; 
 N.M. V 1 (1914); N.D. Ill 82; S.C. IV 24, XI 1; S.D. 
 
 IV 12.) 
 
 'Ala. V 11C; Fla. IV 20 (same as for gov- 
 
 VI; Ky. til; La. 249; Miss. VIII 202 (same 
 
 u for Becretary of state) ; Mo. V 2; Mont. VII 1; N. C. 
 
 ! Ohio VI 4; Okla. VI 4; Pa. IV 8; Utah VII 1; 
 
 31 (Fame as for governor) ; Wash. Ill 3; W.Va. 
 
 VII 1; Wis. X 1; Wyo. IV 11.)
 
 Index Dkjkst 603 
 
 EDUCATION (Cont'd) 
 
 Superintendent {Cont'd) 
 
 Term of Office {Cont'd) 
 
 Lenyth (Cont'd) 
 
 To serve until successor qualified (regardless of length of 
 
 term specified). (Ala. V 11G; Ga. VIII Sec. II; 111. V 1; 
 
 Kan. I lj Ky. 91; La. 249; Mo. V 2; Mont. VII 1; Nebr. 
 
 V 1; Nev. XI 1; N.D. Ill 82; S.C. IV 24; Wash. Ill 3; 
 
 Wyo. IV 11.) 
 Time of Beyinniny 
 
 To be installed on same day as governor. (Fla. IV 28; Va. 
 
 IX 131.) 
 January 1st after election. (N.M. V 1; N.C. Ill 1.) 
 First Monday in January after election. (Ariz. V 1; Ida. 
 
 IV 1; Ky. 91; Mont. VII 1; Utah VII 1.) 
 First Thursday [after] first Tuesday in January after elec- 
 tion. (Nebr. V 1.) 
 Second Monday in January after election. (111. V 1; Kan. 
 
 I 1; Mo. V 2; Okla. VI 4.) 
 Second Monday in January after election until otherwise 
 
 provided by law. (Wash. Ill 4.) 
 Second Tuesday in January after election. (Colo. IV 1.) 
 First Monday after 6econd Tuesday in January after elec- 
 tion. (Ala. V 116.) 
 March 4th after election. (W.Va. VII 1.) 
 First Monday after first day of June next succeeding elec- 
 tion. (Cal. IX 2.) 
 Vacancy in Office 
 
 Filled by governor until successor elected and qualified. (111. 
 
 V 20; Kan. I 14; Mont. VII 7.) 
 Filled by governor until successor elected and qualified as pro- 
 vided by law. (Colo. IV 6; Ida. IV 6; Nebr. V 20; Utah VII 
 
 10; W.Va. VII 17.) 
 Filled by governor until disability removed or a successor elected 
 and qualified; unsoundness of mind ascertained by supreme 
 court on suggestion of governor. (Ala. V 136.) 
 Filled by governor till disability removed or successor qualified; 
 election at first general election more than 30 days after 
 vacancy occurs, to fill for remainder of unexpired term. 
 
 (N.C. Ill 13.) 
 
 If during recess of senate, filled by governor; if vacancy during 
 
 the session of senate, governor to make nomination before 
 
 final adjournment. (Pa. IV 8.) 
 Filled for unexpired term by state board of education. (Va. 
 
 IX 131.) 
 Caused by impeachment, displacement, resignation, death or in- 
 capacity, for other reason to perform duties, filled by governor 
 until disability removed and successor elected and qualified. 
 Vacancy to be filled by election at first general election more 
 than 30 days after happening and person elected to hold 
 office for unexpired term. (Kan. I 14.)
 
 i QNSTITl I CONS 
 
 I 
 
 puintment 
 
 h county appointed by board of education with con- 
 le fur four years. Legislature may make this 
 provide for discharge of its duties 
 VIII -204.) 
 
 nsation 
 
 lo. IX 6, XIV 8; Fla. VIII G; Ida. XVIII 6; 
 VIII 5; Kan. VI lj Miss. VIII 204; Nev. IV 32; N.D. 
 
 VIII 150; W.Va. XII 3.) 
 with following limits: shall not be paid more 
 1 1 < per annum. (Wyo. XIV 3.) 
 
 tion of to be paid from school fund of respective 
 
 counties. (Fla. XII 13.) 
 
 paid .-udi salary or compensation either from fees, per- 
 
 quisites and emoluments of his office, or from general county 
 
 fund', &s prqvided by law. This section to govern, unless 
 
 lyided by constitution. (Colo. XIV 8.) 
 :. arte] --all fix or provide for fixing of by boards of 
 
 supervisors. (Cal. XI 7%.) 
 
 Election 
 
 ire may abolish or provide for election of county super- 
 intendent of schools by people. (Nev. IV 32.) 
 
 iunty superintendent in each county; time and 
 
 .' election to be prescribed by law. (111. VIII 5.) 
 
 To ted in each county; to be ex-Qflicio commissioner of 
 
 lands for county and discharge duties as such under direction 
 
 of Btate land commissioners as directed by law. (Colo. IX 6.) 
 
 1" be ■ i" each county. (Ariz. XII 3; Kan. VI 1; N.D. 
 
 VIII 1.10; S.D. IX 5.) 
 ill provide for election of in each county. (Fla. 
 \ HI 6; Ida. XVIII 6; X. v. IV 32.) 
 1" be elected al same time as members of legislature. (Colo. 
 
 XIV 8.) 
 Hint) charter shall provide for election or appointment of. 
 
 (Cal. XI 7%.) 
 
 cted for each county at each gubernatorial election. Legisla- 
 
 ia) authorize two or more counties to unite and elect 
 
 one superintendent (Cal. IX 3.) 
 
 ichment 
 
 'ted. (Ala. VII 175, 176.) 
 
 ive power to "increase, diminish, consolidate 
 -b the follmving county officers," (including county 
 ntendenl of schools). (Nev. I\' 32.) 
 
 bjeel to change by the legislature for each or- 
 ( Arias'. XII 3; Okla. XVII 2.) 
 provide for county superintendent of schools. 
 
 (W.Va. XII 3.)
 
 Indkx DrcKsr <;o:> 
 
 EDUCATION (Cont'd) 
 
 Superintendent (County) {Cont'd) 
 Powers and Duties 
 
 Determined bylaw. (Ariz. XII 4; Colo. IX 6; Fla. VIII (5; 111. 
 VIII 5; Kan. VI 1; Miss. VI J I 204; Nev. IV 32; N.D. VI 1 1 
 
 150; W.Va. XII 3.) 
 Qualifications 
 
 Women eligible. (Mont. IX 10; N.M. VII 2; Okla. Sched. (i.) 
 Fixed by law. (Ariz. XII 4; Colo. IX 6; Ida, XVIII 6; 111. 
 
 VIII 5; Miss. VIII 204; N.D. VIII 150.) 
 Must be elector in county but legislature may prescribe addi- 
 tional qualifications and this section shall not prevent women 
 being eligible as provided in article VII, section 9. (S.D. 
 
 IX 7.) 
 Women with qualifications of male electors eligible for. (N.M. 
 
 VII 2.) 
 Must be qualified elector and resident of county one year pre- 
 ceding election. (Colo. XIV 10.) 
 Removal 
 
 May be removed by a circuit or other court of like jurisdiction 
 or criminal court of county in which such officer holds office as 
 prescribed by law, provided that right to jury trial and appeal 
 be secured. Grounds for removal: "wilful neglect of duty, 
 corruption in office, incompetency, or intemperance in the use 
 of intoxicating liquors or narcotics to such an extent, in view 
 of the dignity of the office and the importance of its duties, 
 as. unfits the ollicer for the discharge of such duties, or for 
 any offense involving moral turpitude while in office or com- 
 mitted under color thereof or connected therewith ". Penalty 
 not to extend beyond removal and disqualification from hold- 
 ing office under, authority of state for the term for which such 
 officer was elected or appointed, but accused to be liable to 
 indictment or punishment as prescribed by law. (Ala. VII 
 
 173, 175, 170.) 
 Rotation in Office 
 
 Not to be eligible for more than four years in succession. (S.D. 
 
 IX 5.) 
 Seal 
 
 Each county superintendent shall procure a seal under direction 
 of county judge inscribing thereon style of office and name of 
 county which shall be sufficient and used for all lawful pur- 
 poses until otherwise provided by law. (Okla. Scned, 22.) 
 
 Term 
 
 Two years. (Ariz. XTI 3; Colo. IX 6; Ida. Will 6; Kan. VI 
 
 1; N.D. VIII 150; S.D. IX 5.) 
 Two years and until successor qualifies. (Mont. XVT 5.) 
 Four years. (Fla. VIII 6.) 
 Fixed by law. (111. VIII 5.) 
 Fixed by county charter. (Cal. XI 7%.)
 
 , riONS 
 
 lTIOH ! 
 
 I '(/ ) 
 
 Vacancy in Office of 
 
 Klled by appointment of commissioners until next gen- 
 .';,„.,., a is Blled by election according to law. 
 
 (Colo. XIV II.) 
 
 • 
 
 .ir.ination and Certification 
 
 , ltl . board of education to provide for examination and cer- 
 tification of and award acholarships. (S.C. XI 2.) 
 m tj boards and county superintendents shall examine and 
 , Ii( ,\ L n their respective jurisdictions. (Cal. 
 
 IX 7.) 
 
 Oath of Office 
 
 .\!! - and professors to subscribe to oath required in 
 
 \V of constitution and those who fail to comply with 
 
 any provision of educational section of constitution not to re- 
 
 aii\ portion of public moneys for school purposes. 
 
 (Nev. XI 5.) 
 
 Training 
 
 ishiture to provide for training of teachers in normal 
 or (dlurwi.se, so that they may become proficient in 
 both English and Spanish languages to qualify them to teach 
 iking pupils and students. No amendment to 
 •it ut ion to affect this provision, unless proposed by vote 
 of three-fourths of members elected to each house and ratified 
 by vote of people in state in election at which at least three- 
 fmirtlis of electors voting in whole state and at least two- 
 thirds of those voting in each county in state, shall vote for 
 
 amendment. (N.M. XII 8, XIX 1.) 
 
 I I l.CTTONS 
 
 of a particular officer or class of officers, See the specific title. 
 OBS 
 
 fore election, See below, this- title, Qualifications and 
 ,.i unifications ok Electors — Residence: 
 During war, 8te< below, this title, During War. 
 
 iial travelers ami students absent from township, ward or 
 
 not to lie deprived of vote ; legislature to provide manner, 
 
 time and place of voting and canvass and return of votes. (Mich. 
 
 Ill 1 (Amend. 1914).) 
 
 -lature attending sessions not to be deprived of vote 
 
 3ence from township or ward of residence; legis- 
 
 ""• to provide time, manner and place of voting and canvass 
 
 A return . .f votes. (Mich. Ill 1 (Amend. 1914).) 
 
 tarj service of United States, legislature to prescribe manner 
 ol "id canvass of votes. (Conn. Amend. XIII.) 
 
 r militarj service of United States or militia service of 
 from township or ward, legislature to prescribe man- 
 ner of voting. (Kan. V 3.)
 
 Indkx Digest 007 
 
 t ~ 
 
 ELECTIONS (Cont'd) 
 
 Absent Electors (Cont'd) 
 
 In military service of United States or slate and not in regular army 
 allowed to vote for county officers; detailed provision as to man- 
 ner. (Me. II 4, IX 12.) 
 In actual military service of United States or state and not in regu- 
 lar army allowed to vote at place and under regulations provided 
 
 by law. (Nebr. VII 3.) 
 Soldiers and sailors, legislature to prescribe mrfnner of voting and 
 
 making returns. (Nev. II 3.) 
 In actual military service of United States or state, legislature to 
 prescribe maimer of voting. (Pa. VII 1 6,.) 
 Advisory Votes 
 
 See also beloiv, this title, Primaries. 
 
 For United States senator, legislature to provide for placing names 
 of candidates on official ballot at general election preceding. (Ariz. 
 
 VII 9.) 
 Aid in Voting, See below, this title, Ballots. 
 
 Arrest, Privilege from, See beloiv, this title, Privileges of Electors. 
 
 Ballot Boxes 
 
 After election and canvass, to be delivered by superior court to sheriff 
 and kept by sheriff; opening by court in case of mistake or fraud 
 
 in certificates. (Del. V (i.) 
 During election to be kept in public view; opening not to bo in 
 
 secret. (Va. II 27.) 
 Ballots 
 
 Primary Ballots, See beloiv, this title, Primaries. 
 Requirement 
 
 Elections to be by ballot. (Ala. VIII 179; Colo. VII 8; Del. V 
 1; Fla. VI 6; Ga. II 1; Ida. VI 1; 111. VII 2; Ind. II 13; Iowa 
 II G: Kan. IV 1; La. 203; Me. II 1; Md. I 1; Miss. XII 240; 
 Mo. VIII 3; Mont. IX 1; Nebr. VII 6; Nev. II 5; N.M. VII 5; 
 N.C. VI 6"; N.D. V 129; Ohio V 2; Okla. Ill 6; S.C. II 1; 
 S.D. VII 3; Tenn. IV 4; Tex. VI 4; Utah IV 8; Va. II 27; 
 Wash. VI 6; W.Va. IV 2; Wyo. VI Suffrage 11.) 
 Elections to be by ballot except for township officers authorized 
 
 to be otherwise chosen. (Mich. Ill 7.) 
 Elections to be by ballot except for township officers, directed 
 
 by law to be otherwise chosen. (Minn. VII 6.) 
 Elections to be by ballot except for township officers, directed or 
 
 allowed to be otherwise chosen. (Wis. Ill 3.) 
 Elections to be by ballot ; not to apply to school elections. ( Ky. 
 
 147, 155.) 
 
 Elections of state officers and members of legislature to be by 
 
 ballot, written or printed. (Conn. VI 7; Amends. VI, 
 
 XXXIII.) 
 
 Elections to be by ballot or other method prescribed by law; 
 
 provided secrecy in voting is preserved. (Ariz. VII 1; Cal. 
 
 II 5; Pa. VIII 4.)
 
 t o -imnoNs 
 
 I 
 
 uin-mer. 
 
 , by i, Mil. >t or other method prescribed by law; 
 
 i vi. tii i j is preserved; not to apply to town 
 
 \av to be otherwise chosen 1 . (N.Y. II 5.) 
 
 ollicial ballot, pfirited and distributed at state 
 
 • primary elections, municipal elections in towns 
 
 han •-?.."><»<! not held at same time as general election, 
 
 n pei Lai taxes. ( Da. 212.) 
 
 and members of legislature to be by 
 ballot, written or printed. (Conn. VI 7; Amends. VI, 
 
 XXXIII.) 
 ; official ballot, printed and distributed at 
 i Kcepl primary elections, municipal elections 
 of less than 'J, ."><»() nol held at same time as general 
 and .'Kit imis to impose special taxes. (La. 212.) 
 El . h ritten ballot. (Me. II 1.) 
 
 Kind to lie usc.l. legislature to provide. (Okla. Ill 6.) 
 i in.- wherever election held. (Va. II 28.) 
 sealed or secret ballot, voter maj eboose. (W.Va. IV 2.) 
 Contents 
 
 required for printing name of candidate on offi- 
 cial ballot. (Ariz. VII 14.) 
 independent candidates with devices may be printed; 
 I provisions as to party devices and as to marking for 
 ■ nil split tickets. (La. 212.) 
 B of candidates and offices in clear print and orderly suc- 
 tion; listinguishing mark or symbol. (Va. II 28.) 
 
 - of all candidates to be printed on same ballot at public 
 (Wyo. VI Suffrage 1,1.) 
 Numbered 
 
 i in order received from voters and number re- 
 posite name of voter on election list. (Ark. Ill 3.) 
 
 numbered i -der received from voters and number re- 
 
 ! oppositi name of voter on election list; provided paper 
 ■ used. Election officers to record. (Colo. VII 8.) 
 lumbered in order received from voters and number re- 
 rdod opposite name of voter on election list. Duty of elec- 
 tion officers to record. (Mo. VI I [ 3.) 
 
 egislature may provide for. (S.D. VII 3.) 
 tickets. legislature may provide for. (Tex. VI 4.) 
 hing to Voters 
 
 by public authority to voters at polls; not to apply 
 ■ lections, | Ky. U7, 155.) 
 and distributed at state expense, except primary elec- 
 '''I' :l1 elections in towns less than 2,500 not held 
 e tie genera] election, and elections to impose spe- 
 cial taxes. (La. 212.)
 
 Index Digest 609 
 
 ELECTIONS (Cont'd) 
 Ballots (Cont'd) 
 
 Furnishing to Voters (Cont'd) 
 
 Delivery to voters within polling places by sworn public officials. 
 
 (Wyo. VI Suffrage 11.) 
 Secrecy 
 
 See also below, this title, Manneb of Voting. 
 Elections may be by ballot provided secrecy in voting be pre- 
 served. (Ariz. VII 1; Cal. II 5; Pa. VIII 4.) 
 Legislature may prescribe means, methods and instruments of 
 
 voting to secure secrecy of voting. (Del. V 1.) 
 Secret ballot guaranteed; legislature to enact necessary laws. 
 
 (Ida. VI 1.) 
 
 Elections to be by secret official ballot marked by each voter in 
 
 private at polls and then and there deposited; not to apply to 
 
 school district elections. (Ky. 147, 155.) 
 
 Secrecy in preparing, legislature to provide for. (La. 212.) 
 
 Legislature to enact laws to secure secrecy of voting. (N.M. 
 
 VII 1.) 
 Elections may be by ballot or other method prescribed by law; 
 
 provided secrecy in voting is preserved. (X.Y. II 5.) 
 Elections to be by secret ballot subject to regulations provided 
 
 by law. (X.D. V 129.) 
 Elections to be by secret ballot. (Utah IV 8.) 
 Secrecy of ballot to be maintained so far as consistent with 
 
 constitution. (Va. II 27.) 
 Secrecy in preparing and depositing, legislature to provide for. 
 
 (Wash. VI 6.) 
 Open, sealed or secret ballot, voter may choose. (W.Va. IV 2.) 
 Secrecy of ballot to be made compulsory ; privacy in prepara- 
 tion guaranteed. (Wyo. VI Suffrage 11.) 
 
 Preparation at Polls 
 
 Preparation and deposit without aid unless physically unable or 
 registered before January 1, 1904. (Va. II 21.) 
 
 To be marked in private at polls and then and there deposited; 
 legislature to provide that illiterate, blind and disabled elec- 
 tors may have ballots marked for them; not to apply to 
 school elections. (Ky. 147, 155.) 
 
 Alteration 
 
 Writing of new names by voter allowed. (La. 212; Wyo. VI 
 
 Suffrage 11.) 
 Writing of new names and erasure of printed names by voter 
 
 allowed. (Va. II 28.) 
 Counting, See beloic, this title, Canvass of Votes. 
 Purity, See below, this title, Purity. 
 Voting Machines, See beloio, this title, Voting Machines. 
 
 Bets 
 
 See also below, this title, Offenses. 
 
 Challenges for, See below, this title, Challenges. 
 
 20
 
 Constitutions 
 
 ELI 
 
 ■ 
 
 this title, Qualifications and Dis- 
 qualifications of Electors. 
 state making or becoming directly or indirectly 
 t on result of a general, special, municipal or pri- 
 tion, convention or meeting or a vote thereat by any per- 
 . t\ of misdemeanor; penalty and prosecution. (Del. 
 
 V 7, 8.) 
 this title, Ballots — Preparation at Polls. 
 this title, Election Officers. 
 
 s, Municipalities, towns, townships or districts, 
 idmg Debt under the specific title. 
 
 is title, Freedom of. 
 . this title, Offenses. 
 unification to hold office, See Public Officers — Qualifica- 
 tions and Disqualifications. 
 I lalification to serve on jury, See Juries. 
 ualification to vote, See below, this title, Qualifications and 
 
 DlSQl Al.li ■irW'IONS OF ELECTORS. 
 
 for, See below, this title, Challenges. 
 • ion officers, See below, this title, Election Officers. 
 prohibit. (Cal. XX 11; Conn. VI 6.) 
 Laws to prohibil under adequate penalties. (Ala. I 33; Fla. Ill 26; 
 
 Ky. 150; Nev. IV 27; Ore. II 8; S.C. I 9; Tex. XVI 2.) 
 Person convicted to be adjudged guilty of felony. (Ark. Ill 6.) 
 
 oed; person in or out of state offering, receiving, etc., to be 
 Ity of misdemeanor; fine and imprisonment; prosecution (de- 
 tails! provisions). (Del. V 7, 8.) 
 
 slature to provide for removal of person bribing to secure his 
 • . !i Domination or election (except in elections for school trus- 
 • and other common school district elections) ; held responsi- 
 ts of agents. (Ky. 151, 155.) 
 
 gives, or offers to give, any bribe, y present or re- 
 
 ird or any promise or security for payment or delivery of money 
 
 other thing, to induce voter to refrain from voting or to pre- 
 
 '. him from voting or to procure a vote for candidate or person 
 
 far as presidential elector or representative in Congress or 
 
 if trust or profit created by constitution or laws of state or 
 
 linancee or authority of mayor and city council of Baltimore, 
 
 d receiving the same shall, on conviction, be punished 
 
 I l>> law; legislature may remove penalty on vote seller 
 
 » place penalties for purchase of votes on vote buyer alone. 
 
 (Md. I 3.) 
 ■ LveB for his vote any gift or reward, and any person 
 - or bestows any such reward to be elected, to 
 mished as provided by law. (Tenn. X 3; Vt. II 51.)
 
 Index Digest 611 
 
 ELECTIONS (Cont'd) 
 Bribery (Cont'd) 
 
 Person paying poll tax of another or advancing him money therefor 
 to influence vote to be guilty of bribery; on conviction imprisoned 
 not less than one nor more than five years. (Ala. VIII 195.) 
 If corporation offers, promises or gives, or authorizes any person to 
 offer, promise or give any money or thing of value to influence 
 result of election in state or vote of any voter authorized to vote 
 therein (except in case of election of school trustees and other 
 common school district elections) or afterward reimburses or 
 compensates any such person, corporation, if organized under the 
 laws of the state, shall, on conviction, forfeit its charter and all 
 rights, privileges and immunities thereunder, and if chartered by 
 another state and doing business in state by license or upon suf- 
 ferance shall, on conviction, forfeit right to carry on business in 
 
 state. (Ky. 150, 155.) 
 
 Any person or corporation offering money or other thing of value 
 
 for purpose of influencing any voter for or against any competing 
 
 town in election to determine county seat, to be deemed guilty of. 
 
 (Okla. XVII 7.) 
 Campaigns 
 
 Contributions and expenditures of committees and candidates, leg- 
 islature to provide for publicity before and after election. (Ariz. 
 
 VII 16.) 
 
 Contributions of money or anything of value to influence election, 
 
 by corporation organized or doing business in state prohibited. 
 
 (Ariz. XIV 18.) 
 Candidates 
 
 Bribery, See above, this title, Bribery. 
 Expenses, See above, this title, Campaigns. 
 Fraud, See below, this title, Fraud. 
 
 Names on ballots, See above, this title, Ballots — Contents. 
 Nominations, See below, this title, Nominations. 
 Canvass of Votes 
 
 Of absent electors, See above, this title, Absent Electors. 
 Contested, See beloiv, this title, Contested Elections. 
 Returns, See below, this title, Returns. 
 During war, See beloic, this title, During War. 
 Ballots not to be counted in secret. (La. 203; S.C. II 1.) 
 Ballots not to be counted or canvassed in secret. (Va. II 27.) 
 By superior court; quorum; composition of court in various coun- 
 ties. (Del. V 6.) 
 No ballots to be received and counted except official ballots deliv- 
 ered to voters by sworn public officials. (Wyo. VI Suffrage 11.) 
 Unlawful refusal er failure of election officers to receive, count or 
 return vote of qualified elector not to prevent such vote being 
 counted on trial of contest arising out of election. (Ark. Ill 11.) 
 In city wards, aldermen to be in session within 24 hours after close 
 of polls and in presence of city clerk to open, examine and com- 
 pare copies from lists of voters in several wards. (Me. IV Pt. I 5.)
 
 I UN-] ITT i'h'V- 
 
 ELEC11 ' 
 
 I'd 
 hg electors of more than one county, to be made by 
 ards of respective counties; result certified to 
 \ilii L .-hall caasass and declare result of election. 
 
 (N.M. XX 7.) 
 ■ ir. lieiKi-nani-governor, state officers and other officers 
 referred to tle-m. te be made by secretary of state, state treasurer 
 utd commissioner of state land office, constituting board of state 
 imiasioner of land office abolished, another state 
 I by law a.s member of board. (Mich. VI 20.) 
 ■ manner provided by law. (Ariz. V 11.) 
 !■• officers voted for at general election, by chief justice and 
 f highest court. (Xev. V 4.) 
 - rotary of state, governor and chief justice, 
 canvassing board. (X.M. V 2.) 
 
 •t fJ.lA . 
 
 . bj presiding election otficers of district to prothonotary of 
 
 superior court. (Del. V 6.) 
 [sra rtificatea for commissions to all persons entitled thereto, 
 
 gislature to enacl general law for; not to apply to school dis- 
 trict elections. (Ky. 153, 155.) 
 :m, legislature to have full power to prescribe. (R.I. II 6.) 
 
 d "f judges hereinbefore provided, clerks, registers of wills 
 ■a provided in constitution, except state's attorneys, 
 
 ilied by clerks of circuit courts of counties and of Balti- 
 more city, respectively, to governor. (Md. IV 11.) 
 Of state officers to be issued by secretary of state in manner pro- 
 vided by law. (Ariz. V 11.) 
 : s of Registration, See below, this title, Registration. 
 
 Person challenged must swear or affirm innocence before vote re- 
 iiu of oath prescribed. (Ga. II 1.) 
 -on challenged for legal cause must swear or affirm innocence be- 
 false oath or affirmation to be perjury ; penalty, 
 imprisonment in penitentiary not less than one nor more than five 
 
 years. (Ala. VIII 185.) 
 
 ion challenged for bribery at election, must swear or affirm inno- 
 
 before vote received. (Pa. VIII 8.) 
 
 Person challenged for bribery at election must swear or affirm inno- 
 
 before rote received; oath or affirmation to be conclusive 
 
 leiice fur election officers; false oath or affirmation to be perjury. 
 
 (Del. V 3') 
 
 fox bribery at or betting on election must swear 
 
 affirm innocence before election officers before vote received. 
 
 (N.Y. II 2.) 
 
 throughout this title, 
 
 Bee Cities. 
 ■ • elections, Sec Cities — Debt.
 
 Index Digest G13 
 
 ELECTIONS (Cont'd) 
 
 Commissions, See Public Officers. 
 Compulsory Voting 
 
 Legislature may prescribe penalties for failing, neglecting or refusing 
 to vote at general election. (N.D. V 127.) 
 Conduct 
 
 Absent electors, See above, this title, Absent Electors. 
 Manner of voting, /See below, this title, Manner of Voting. 
 Offenses, See beloio, this title, Offenses. 
 Laws may be passed regulating. (Md. Ill 49; R.I. II 6.) 
 Laws to be passed regulating. (Conn. VI 6; Fla. Ill 26; Mass. 
 Amend. XXIX; Nev. II 6, IV 27; N.M. VII 1; Okla. Ill 4; Ore. 
 II 8; S.C. II 8; Tex. XVI 2; Va. IV 56; W.Va. IV 11.) 
 Laws, not inconsistent with constitution, to be passed regulating. 
 
 (Ala. VII 190.) 
 Laws regulating, to protect privilege of suffrage. (Ala. I 33.) 
 Laws regulating, to protect right of suffrage. (S.C. I 9.) 
 Laws regulating, to be uniform throughout state. (Ala. VIII 190; 
 
 Pa. VIII 7.) 
 
 Local or special laws not to regulate. (Ala. IV 104; Ariz. IV 19; 
 
 Cal. IV 25; Colo. V 25; Ida. Ill 19; 111. II 22; Ky. 59; La. 48; 
 
 Minn. IV 33; Mo. IV 53; Mont. V 26; Nebr. Ill 15; N.M. IV 24; 
 
 N.D. II 69; Okla. V 46; Pa. Ill 7; Tex. Ill 56; W.Va. VI 39; 
 
 Wyo. Ill 27.) 
 Local or special laws not to regulate conduct of elections for state 
 
 and county officers. (Fla. Ill 20.) 
 Local or special laws not to regulate conduct of elections for state, 
 county and township officers. (Ind. IV 22; Nev. IV 20; Ore. 
 
 IV 23.) 
 Of municipal elections in cities or towns of 2.000 may be regulated 
 by city or town after filing charter under home rule amendment; 
 regulations to include notice of elections, registration, nominations, 
 challenges, canvass, certification of results, security of purity, 
 safeguards against abuses and tendency to non-partisan character. 
 
 (Colo. XX 6.) 
 
 In city elections for civil officers required by constitution to be 
 
 elected, proceedings to be same as in case of vote for members of 
 
 legislature. (Me. IV Pt. I 5.) 
 Legislature to prescribe calling and holding public meetings of in- 
 habitants in wards or otherwise for election of officers of munici- 
 pal corporations. (Mass. Amend. II.) 
 Contested Elections 
 
 Ballots cast may be counted, compared and examined under such reg- 
 ulations as may be prescribed by law. (Mo. VIII 3.) 
 Ballots cast may be counted and compared with list of voters and 
 examined under such regulations as may be provided by law, if 
 paper ballots required to be used. (Colo. VII 8.) 
 Ballots of qualified electors to he counted although election officers 
 had unlawfully refused or failed to receive, count or return same. 
 
 (Ark. Ill 11.)
 
 -TITUTIONS 
 
 ELECTIONS I 
 
 7) 
 in joint convention to determine. (Mich. XVI 4.) 
 j general law for trial of; not to apply 
 lions. (Ky. 153, 155.) 
 ire to provide manner of determining. (W.Va. IV 11.) 
 ture to provide manner of determining, in cases not specifi- 
 cally provided tor in constitution. (Ark. XIX 24; Va. IV 56.) 
 
 provide what authority and in what manner 
 
 trial t lueted. (Ohio II 21.) 
 
 ral law to designate court or judge for each class 
 
 - and to regulate manner of trial; law not to apply to 
 
 n held before it- passage (Mo. VIII 9; Pa. VIII 17.) 
 
 - ature by general law to designate court or judge for each 
 
 atesta not herein provided for and to" regulate manner 
 
 trial; law not to apply to election held before its passage. 
 
 (Colo. VII 12.) 
 
 Trial >y courts ur one or more judges thereof. (Pa. VIII 17.) 
 
 i! and determination of contests in loca4 or municipal elections to 
 
 . ...urt* of law or judges thereof as provided by legislature. 
 
 (Pa. VIII 17.) 
 '•ourts of law at domicile of defendant in case of all 
 governor and lieutenant-governor; legislature to pro- 
 vide for. (La. 209.) 
 Trial to be by courts of law <>r one or more judges thereof, in case 
 of all officers except governor and lieutenant-governor. (Mo. 
 
 VIII 9.) 
 In trial, determination of superior court in canvass of votes not to 
 
 be conclusive. (Del. V 6.) 
 In trial, testimony of witness may be compelled with immunity except 
 
 for perjury. (Ark. Ill 9; Colo. VII 9; La. 216; Pa. VIII 10.) 
 In trial, testimony of witness, except defendant, may be compelled 
 
 with immunity except for perjury. (Ala. VIII 189.) 
 Appeal in all cases of contest for county, township or municipal 
 •fl lie at instance of aggrieved party from any inferior 
 
 mcil or tribunal to circuit court on terms and conditions 
 appeals granted to that court in other cases; and on 
 appeal be tried de novo. (Ark. VII 52.) 
 
 this title, Campaigns. 
 
 , this title. Nominations. 
 
 tor voting or participating in convention, mass meet- 
 
 other method of action of political party or faction same as 
 
 l' p l "" for voting at elections. (Ala. VIII 183.) 
 
 ' ■""'■ m> : ' laWs as to election of delegates. (Cal. II 
 
 2%.) 
 enact laws to secure fairness in. (La. 215; Miss. 
 
 XII 247.) 
 tera may vote; representation on basis of popula- 
 tion. (La. 200.)
 
 Index Digest 615 
 
 ELECTIONS (Cont'd) 
 
 Conventions (Cont'd) 
 
 Delegates to national conventions to be chosen by direct vote of 
 electors; ballots for candidates to state first and second choice of 
 presidential candidates but name of presidential candidate shall 
 not be used without his written authority. (Ohio V 7.) 
 
 Cobrupt Practices 
 
 See also below, this title, Freedom of. 
 See also below, this title, Offenses. 
 See also beloiv, this title, Purity. 
 
 Disfranchisement for, See below, this title, Qualifications and Dis- 
 qualifications of Electors — Election Crime as Disqualifi- 
 cation. 
 Legislature may in addition to other penalties provide disqualifica- 
 tion for office. (Va. II 36.) 
 Legislature may pass laws to prevent. (Del. V l'j R.I. II 6.) 
 Legislature to pass laws to prevent. (W.Va. IV 11.) 
 
 County Elections 
 
 See throughout this title. 
 
 Of a particular officer, See Counties. 
 
 Bonding elections, See Counties — Debt. 
 
 Criminals, See below, this title, Qualifications and Disqualifica- 
 tions of Electors. 
 Dates, See below, this title, Time. 
 Days 
 
 Privileges of electors, See below, this title, Pbtvtleges of Electobs. 
 Sale of liquor, See below, this title, Intoxicating Liquors. 
 Definition 
 
 Includes decision of questions submitted to voters as well as choice 
 
 of officers. (Ky. 147.) 
 Determination 
 
 Canvass of votes, See above, this title, Canvass of Votes. 
 Preferential voting, See below, this title, Preferential Voting. 
 Returns, See below, this title, Returns. 
 Ties, See below, this title, Tie Vote. 
 
 Legislature may provide by general law for manner of ascertaining 
 
 result; not to apply to school district elections. (Ky. 153, 155.) 
 
 Legislature to provide for manner of ascertaining result. (Ala. VIII 
 
 190; S.C. II 8.) 
 Plurality to constitute choice. (Ariz. VII 7; Mont. IX 13; N.M. 
 
 VII 5.) 
 Plurality to constitute choice where not otherwise provided in con- 
 stitution. (Fla. XVI 8; New XV 14.) 
 Plurality to constitute choice where not otherwise provided in con- 
 stitution; but charters of cities, counties, or cities and counties, 
 framed under authority of constitution, may prescribe higher pro- 
 portion of vote therefor; and legislature by general law may pro- 
 vide higher proportion of vote for officers of municipalities organ- 
 ized or incorporated under general laws. (Cal. XX 13.)
 
 State Constitution- 
 
 elections ' 
 
 :i nation (Con! 
 Plurality to wnstitute choice but law may provide for elections by 
 equal proportional representation of all voters, for every office 
 filled by tk-ction of two or more whose persons and duties equal 
 and concurrent; law may provide the person elected to office filled 
 by election of one person shall be final choice of majority of electors 
 ting for candidates for that office. (Ore. II 16.) 
 l'iurality to constitute choice for civil officers whose election pro- 
 vided for by constitution. (Mass. Amend. XIV.) 
 Plurality to constitute choice for judges hereinbefore provided, clerks, 
 risters °f wills and other officers provided in constitution. (Md. 
 
 IV 11.) 
 Plurality to constitute choice for state, city, town, ward or district 
 
 officers. (R.I. Amend. X 1.) 
 
 Of election of county and district officers, commissioners of county 
 
 court to judge, subject to regulations by appeal or otherwise as 
 
 provided by law. (YY.Va. VIII 24.) 
 
 bled Electors, See above, this title, Ballots — Preparation at 
 
 Polls. 
 Disclosing Information, See below, this title, Election Officers. 
 Disfranchisement, See below, this title. Qualifications and Disqualifi- 
 cations of Electors. 
 Disputes 
 
 Contests, See above, this title, Contested Elections. 
 Investigations, See below, this title, Investigations. 
 As to right to vote, See below, this title, Qualifications and Dis- 
 qualifications of Electors — Proof. 
 
 DlSTRI' 
 
 also below, this title. Place. 
 Formation from townships and wards of cities or boroughs in dis- 
 tricts of compact and contiguous territory in manner directed 
 by court of quarter sessions; in cities of over 100.000, division 
 wbenever more than 250 votes cast at preceding election; else- 
 where, division whenever court of proper county of opinion that 
 convenience of electors and public interests promoted thereby. 
 
 (Pa. VIII 11.*) 
 
 slature lias no power to make or change election precincts; but 
 
 Bcribe manner in which power shall be exercised by courts. 
 
 (Ga. Ill Sec. VII 18.) 
 
 turn to provide for establishment of polling precincts; existing 
 
 continue until abolished or changed; each county to constitute 
 
 tion district. (S.C. II 9, VII 9.) 
 
 :>1 or special law not to change boundaries of wards, precincts or 
 
 new counties organized or lines of old counties 
 
 changed. (Ala. IV 104.) 
 ial law not to change boundaries of wards, precincts or 
 tB > un w counties organized. (Ky. 59.) 
 
 from. See below, this title, Qualifications and Disqualifi- 
 cations of Electors — Residence.
 
 Index Digest 617 
 
 ELECTIONS (Cont'd) 
 Districts (Cont'd) 
 
 Residence required, See below, tltis title, Qualifications and Dis- 
 qualifications of Electors — Residence. 
 Election Boards, See below, this title, Election Officers. 
 Election Officers 
 Boards 
 
 Charged with duty of distributing ballots at polls or of receiv- 
 ing, recording or counting votes, laws to secure thereon equal 
 representation of two political parties casting highest and next 
 highest number of votes at preceding general election; not to 
 apply to town meetings and village elections; officers to be ap- 
 pointed or elected in such manner and on nomination of such 
 representatives of parties as legislature may direct; existing 
 laws continued until legislature so directs. (N.Y. II 6.) 
 Legislature to enact laws creating; not more than majority of 
 
 members to be selected from same party. (Okla. Ill 4.) 
 District election boards to consist of judge and two inspectors, 
 chosen annually by citizens; vacancies filled and in new dis- 
 tricts first board selected as provided by law. (Pa. VIII 14.) 
 Appointed for each county and city by circuit court, corpora- 
 tion court or judge of court in vacation; detailed provision as 
 to number, terms of office, duties ; person holding office or 
 post of profit or emolument under United States or who is in 
 United States employ or holding elective office of profit or 
 trust in state, county, city or town ineligible. (Va. II 31.) 
 Bribery 
 
 See also above, this title, Bribery. 
 
 Person bribing or attempting to cause officer to violate official 
 duty, to be guilty of misdemeanor and punished by fine and 
 imprisonment within limits and by disfranchisement for 10 
 years; prosecution. (Del. V 7, 8.) 
 Clerks 
 
 Appointment of one clerk by each inspector. (Pa. VIII 14.) 
 Appointment by electoral board of county or city. (Va. II 31.) 
 Compensation at Primaries, See beloio, this title, Primaries. 
 Creation of Office 
 
 Local or special laws not to be passed for. (Cal. IV 25; Ida. 
 Ill 19; Mo. IV 53; N.D. II 69, Paragraph 32; Okla. V 46; Pa. 
 
 Ill 7; Tex. Ill 56.) 
 Inspectors 
 
 Each elector in district may vote for one inspector; each in- 
 spector to appoint one clerk. (Pa. VIII 14.) 
 Judges of Elections 
 
 Appointment by electoral board of county or city; persons hold- 
 ing office of profit or emolument under United States or deputy 
 or employee of United States or person holding elective office 
 of profit or trust in state, county, city or town not eligible; 
 representation to two leading parties. (Va. II 31.) 
 Bi-partisan as far as possible. (Va. II 31.)
 
 - All-: CONSTITDTIO 
 
 ELECTION- 
 
 Judges of Election^ 'd) 
 
 than ong to same party at time of appoint- 
 
 ment. (X.M. VIII.) 
 ,x in district may vote for judge. (Pa. VIII 14.) 
 may regulate all matters relating to. (Md. Ill 49.) 
 irk tax receipts presented so as to prevent holders from 
 more than once at any election. (Ark. Amend. IX.) 
 nagers of Elections 
 
 . require of electors proof of payment of taxes, including poll 
 tax during previous year, before allowing them to vote. (S.C. 
 
 II 4.) 
 
 Oaths and Affirmations 
 
 Net to disclose how any elector voted. (Colo. VII 8.) 
 \,t to disclose how any elector voted unless required to do so 
 as witness in judicial proceeding or proceeding to contest elec- 
 tion. (Ark. Ill 3; Mo. VIII 3.) 
 
 Offenses 
 
 Making or offering to make false election or primary returns to 
 procure nomination or election of any person to office to be 
 punished by disfranchisement. (Ala. VIII 182.) 
 I'n lawful refusal or failure to receive, count or return vote or 
 ballot of qualified elector not to prevent such vote being counted 
 on trial of contest arising out of election. (Ark. Ill 11.) 
 Violation of duty; fine, and imprisonment within fixed limits and 
 disfranchisement for 10 years; prosecution. (Del. V 7, 8.) 
 Overseers of Election 
 
 Appointment of two by courts of common pleas on petition of 
 live lawful voters of election district; detailed provisions as to 
 duties and qualifications. (Pa. VIII 16.) 
 Powers and Duties 
 
 Local or special laws not to prescribe. (Cal. IV 25; Ida. Ill 19; 
 Mo. TV 53; X.D. II 69; Okla. V 46; Pa. Ill 7; Tex. Ill 56.) 
 At Primaries, See below, this title, Primaries. 
 Privileges 
 
 From arrest on election days and while making up and trans- 
 mitting returns, except on warrant of court of record or judge 
 thereof for election fraud, felony or wanton breach of peace; 
 exemption from jury duty during terms of service 
 may be claimed. (Pa. VIII 14.) 
 Qualifications 
 
 Not eligible to civil office to be filled at election at which they 
 
 •rv. . except to subordinate municipal or local offices, below 
 
 ' city or county offices, designated by general law. 
 
 (Ark. Ill 10; Pa. VIII 15.) 
 
 Persons holding office, appointment or employment in or under 
 
 m of United States, state, city, county or municipal 
 
 on or trust in any city, except justices of 
 
 tne , Idermen, notaries public and persons in militia 
 
 not qualified to serve. (Ark. Ill 10.)
 
 Index Digest 619 
 
 ELECTIONS {Cont'd) 
 
 Election Officers {Cont'd) 
 Qualifications {Cont'd) 
 
 Persons holding or having held within two months office, ap- 
 pointment or employment under United States, state, city, 
 county or municipal board, commission or trust in any city, 
 except justices of the peace, aldermen, notaries public and 
 persons in militia service of state, not qualified to serve. (Pa. 
 
 VIII 15.) 
 Residents and voters in precinct in which they act; not to apply 
 to school district elections. (Ky. 148, 155.) 
 Registrars of Election 
 
 Appointment by electoral board of county or city; persons hold- 
 ing office of profit or emolument under United States or deputy 
 or employee of United States or person holding elective office 
 of profit or trust in state, county, city or town not eligible. 
 
 (Va. II 31.) 
 Not eligible to elective office during term of office. (Ala. VII 
 
 186.) 
 Registration Boards, See below, this title, Registration. 
 Elective Franchise 
 
 Offenses against, See below, this title, Offenses. 
 Purity, See below, this title, Purity. 
 
 Qualifications, See below, this title, Qualifications and Disqualifi- 
 cations of Electors. 
 Electors 
 
 Privileges, See below, this title, Privileges of Electors. 
 Qualifications, See below, this title, Qualifications and Disqualifi- 
 cations of Electors. 
 Employees' Votes 
 
 Legislature to provide that all employers allow employees under 
 reasonable regulations, at least four hours on election day to vote; 
 not to apply to school district elections. (Ky. 148, 155.) 
 Enrollment, See below, this title, Registration. 
 Equality 
 
 Elections ought to be equal. (Va. I 6.) 
 
 Elections shall be equal. (Ariz. II 21; Ark. Ill 2; Del. I 3; 111. 
 II 18; Ind. II 1; Ky. 6; Okla. II 4, III 7; Ore. II 1, Pa. I 5; 
 S.D. VI 19; Tenn. I 5; Wash. I 19; Wyo. I 27.) 
 Inhabitants having qualifications provided by constitution to have 
 equal right to elect officers for public employments. " Inhabitant " 
 means dwelling or having home. (Mass. Pt. I 9; Pt. II Ch. I 
 
 Sec. II 2.) 
 Inhabitants having prescribed qualifications to have equal right to 
 elect officers. (N.H. I 11; S.C. I 10.) 
 Extensions of Franchise, See beloiv, this title, Qualifications and 
 
 Disqualifications of Electors — Change. 
 Federal Elections 
 
 Of representatives in Congress, See Congress of United States. 
 Of United States senators, See Congress of United States. 
 No person to vote unless registered. (Md. I 5.)
 
 aNswnnioNS 
 
 EL] 
 
 .. KE.S — \ AGAXCIES. 
 Pi K1TY. 
 
 this Mb, Primaries. 
 
 t disqualified from holding office of trust 
 
 or profit. (Pa. VIII 9.) 
 
 - for which election officers privileged from 
 
 tioa days and while making up and transmitting 
 
 returns. (Pa. VIII 14.) 
 
 ture may enact laws necessary to prevent. (Del. V 1; R.I. 
 
 II 6.) 
 | laws necessary to prevent. (YY.Va. IV 11.) 
 make regulations necessary to detect and punish. 
 
 lOkla. Ill 6; Tex. VI 4.) 
 
 Kg! UkM! OF 
 
 p belun; this title, l'riuiv. 
 Briber) ibpve, this title, Beibert. 
 
 rapt practi. above, this title. Corrupt Practices. 
 
 .all be free. (Ariz. II 21; Ark. Ill 2; Colo. II 5; Del. 
 I 3; 111. II IS: Ind. II 1; Ky. 6; Mo. II 9; Mont. Ill 5; Xebr. 
 22; X.M. 11 S; Okla. II 4, 111 7; Ore. II 1; Pa. I 5; S.C. I 10; 
 \1 J'.-: Tenn. 1 5; Utah 1 17; Wash. I 19: Wyo. I 27.) 
 Eta shall be free and voluntary. (Vt. II 51.) 
 
 ight to be free. (Mass. Pt. I 9; Md. D.R. 7; N.H. I 
 
 II; N.C. I 10; Va. I 6.) 
 Elections ought to be free and without corruption. (Vt. I 8.) 
 
 ilified voters not to be hindered in exercise of elective franchise. 
 
 (Xebr. I 22.) 
 
 to prohibit under adequate penalties undue influence from 
 
 .•TV. tumult or other improper influence. (Ala. I 33; 
 
 Cal. XX 11. < wan, VI G; Fla. Ill 26; Xev. IV 27; Ore. II 8; 
 
 S.C. I 9; Tex. XVI 2.) 
 ture may prescribe means to preserve freedom and prevent 
 
 intimidation. (Del. V 1.) 
 •tun- may enact laws to secure. (Tenn. IV 1.)' 
 Mature to enact laws to prevent intimidation, disorder or vio- 
 lence at polls. (YV.Va. IV 11.) 
 I'ri - frs • to 1>e supported by law. (Ala. I 33; Cal. 
 
 an. \ J 6 j Ore. II S; Tex. XVI 2;) 
 t.t of fr.-e Buffrage to be supported by law. (S.C. I 9.) 
 
 r. civil or military, to interfere to prevent free exercise of 
 ri^s- • "I Buffrag. Ariz. II 21; Ark. Ill 2; Colo. II 5; Mo. II 9; 
 VM. II 8; okla. II 4. Ill 7; Pa. I 5; S.C. II 15; 
 V] 16; Utah I 17; Wash. I 19.) 
 
 I or military, to interfere to prevent free and lawful 
 t of suffrage. (Ida. I 19.) 
 imI oi military, to interfere to prevent untrammeled 
 at of suffrage. (W\ . I 27.)
 
 Index Digest G2! 
 
 ELECTIONS (Cont'd) 
 
 Freedom of {Cont'd) 
 
 Persons preventing or attempting to present by force, threat or 
 intimidation persons qualified from being registered or voting at 
 general, special or municipal election, to be guilty of misdemeanor; 
 punishment by fine, imprisonment and disfranchisement; prosecu- 
 tion. (Del. V 7, 8, 9.) 
 Frequency 
 
 Elections ought to be frequent. (Md. D.R. 7.) 
 
 Elections ought to be frequent for redress of grievances and for 
 
 amending and strengthening laws. (X.C. I 28.) 
 Not more than one election annually to be held in state or any city, 
 town; district or county except as otherwise provided in constitu- 
 tion; not to apply to school district elections. (Ky. 148, 155.) 
 Annually after 187S on such day as may be prescribed by law. 
 
 (Colo. VII 7.) 
 
 Annually or biennially as electors of town determine, for " such 
 
 officers of local police" as law may prescribe. (Conn. Amend. 
 
 XXXII.) 
 Biennially. (Del. V 1; Me. II 4; Mo. VIII 1.) 
 
 Biennially for general elections. (Ark. Ill 8; Ore. II 14; S.D. 
 
 VII 4.) 
 
 Biennially, for general elections of governor, lieutenant-governor, 
 
 secretary, treasurer, comptroller and members of legislature and 
 
 such officers as may be prescribed. (Conn. Amend. XXVII 1.) 
 
 Biennially, after 1S84, for general elections. (Minn. VII 9.) 
 
 Biennially, after 1S84, for state and county officers, except judicial. 
 
 (Wis. XIII 1.) 
 Biennially, after 1S90, for general elections. (X.D. V 124.) 
 Biennially, after 1898, for general elections of state and county 
 
 officers. (Fla. XVIII 9.) 
 Biennially, after 1906. (Iowa XII 16.) 
 
 Biennially, after 1914, for general elections. (Xebr. XVI 13.) 
 Biennially, even numbered years, for general election of representa- 
 tives in Congress, state, county and precinct officers. (Ariz. VII 
 
 11.) 
 
 Biennially, even numbered years, for officers provided for by con- 
 stitution. (Cal. XX 20.) 
 Biennially, even numbered years, for general and township elections. 
 
 (Kan. IV 2.) 
 Biennially, even numbered years, for general elections. (X.M. XX 
 
 6; Pa. VIII 2.) 
 Biennially, even numbered years, for state and county officers. (Ohio 
 
 XVII 1.) 
 Biennally, even numbered years, for county and district officers. 
 
 (Wash. VI 8.) 
 Biennially, odd numbered years, for other than state or county 
 
 officers. (Ohio XVII 1.) 
 Biennially, odd numbered years, for judges of judicial districts, 
 county, city, ward, borough and township officers. (Pa. VIII 3.)
 
 State Constitution a 
 
 ELECTIONS 
 
 illy in odd numbered years for city officers and county officers 
 
 i'ork and Kings counties and counties coterminous with 
 
 |] vacancies. (Provision not applicable to city of 
 
 rd cla-.- <>r to election of judicial officers, except judges of 
 
 (N.Y. XII 3.) 
 nially in odd numbered years for city and town officers, except 
 f municipal legislative boards, who may be elected in 
 or odd years, or part in even and part in odd. (Ky. 167.) 
 • years, after 1895. (Miss. XII 252.) 
 iv four years for state and county officers. (Miss. IV 102.) 
 
 ars, for general state elections, until otherwise pro- 
 Led by law. Parochial elections on same day, but not oftener 
 than every four years. In New Orleans, parochial and municipal 
 - nol oftener than every four years. (La. 206, 207.) 
 Every four rears, for state officers, if not otherwise provided in con- 
 stitution. (Wash. VI 8.) 
 throughout this title. 
 itdfatheb Clause, See below, this title, Qualifications and Dis- 
 
 QUALIFICATI0N8 OF ELECTORS — EDUCATIONAL. 
 Ho 
 
 Between 6 a. m. and 7 p. m., but legislature may change; not to 
 apply to school district elections. (Ky. 148, 155.) 
 Illegal VOTING, See beloiv, this title, Offenses. 
 
 Illiterate Electors, See above, this title, Ballots — Preparation at 
 
 Polls, 
 Initiative, See Initiative and Referendum. 
 Inspectors, See above, this title, Election Officers. 
 During Insurrections, See below, this title, During War. 
 Interference, See above, this title, Freedom of. 
 Intoxicating Liquors 
 
 Duty of legislature to pass adequate laws to protect against evils 
 
 arising from use at elections. (Ala. VIII 191.) 
 Legislature to forbid sale, distribution or furnishing of intoxicating 
 drinks within two miles of election precincts on days of state, 
 county or municipal elections and to prescribe punishment for 
 
 violation. (Ga. II 5.) 
 
 Legislatur • to forbid or restrict sale or gift of spirituous, vinous or 
 
 malt liquors on election days; not to apply to school district 
 
 elections. (Ky. 154, 155.) 
 slature to forbid sale or gift of intoxicating drinks within one 
 mile of polling place on election or primary days. (La. 205.) 
 I irvBfl riGATii 
 
 timony of witness may be compelled with immunity except for 
 Ua. VIII 189; Ark. Ill 9; La. 216; Pa. VIII 10.) 
 El * " this title, Election Officers. 
 
 bipn with a particular phase of elections, See the specific 
 
 subheads throughout this title. 
 Viol ■■ below, this title, Ofrenses.
 
 Index Digest 623 
 
 ELECTIONS (Cont'd) 
 
 In Legislature, See Legislature. 
 
 Liquors, See above, this title, Intoxicating Liquors. 
 
 Lists 
 
 Of persons paying poll taxes, See below, this title, Qualifications 
 
 and Disqualifications of Electors. 
 Of persons voting for general officers; town or ward officers need not 
 keep; legislature may pass laws on subject. (R.I. Amend. I.) 
 Local, See throughout this title. 
 Managers, See above, this title, Election Officers. 
 Manner of Holding, See above, this title, Conduct. 
 
 Manner of Voting 
 
 By absent electors, See above, this title, Absent Electors. 
 Ballots, See above, this title, Ballots. 
 
 Mechanical devices, See below, this title, Mechanical Devices. 
 Secrecy, See below, this title, Secrecy. 
 Voting machines, See below, this title, Voting Machines. 
 During war, See below, this title, During War. 
 
 In different parts of the state," different methods may be authorized. 
 
 (Cal. II 6.) 
 Every qualified elector may vote for one person under title of each 
 
 office. (Ore. II 16.) 
 Openly or viva voce until legislature directs otherwise. (Ore. II 15.) 
 Of officers not otherwise directed or provided by constitution to be 
 
 made in manner prescribed by law. (Tenn. VII 4.) 
 Legislature may prescribe, but secrecy to be preserved. (Ariz. VII 
 
 1; Cal. II 5; N.Y. II 5; Pa. VIII 4.) 
 Legislature may prescribe by general law; not to apply to school 
 
 district elections. (Ky. 153, 155.) 
 Legislature may prescribe order and manner of voting for governor, 
 
 lieutenant-governor, secretary, representatives in legislature and 
 
 senators. (Conn. Amend. VI.) 
 State officers elected in same manner as governor. (Miss. V 143.) 
 Votes for governor, lieutenant-governor and treasurer to be given 
 
 to constable to be delivered to the representatives and counted at 
 
 opening of general assembly. (Vt. II 39.) 
 Legislature may provide by general law manner in which officers of 
 
 municipalities organized under general laws may be elected. (Cal. 
 
 XX 13.) 
 Charters framed under authority of constitution may provide manner 
 
 in which elective officers may be elected. (Cal. XX 13.) 
 For township officers to be as prescribed by law. (Ohio X 4.) 
 Local or special law not to provide for election of officers in town- 
 ships, incorporated towns or cities. (Xebr. Ill 15.) 
 Local or special law not to provide mode of election of county, city, 
 
 village, township, ward or school district officers. (Minn. IV 33.) 
 
 Mechanical Devices 
 
 See also above, this title, Manner of Voting. 
 
 Voting machines, See below, this title, Voting Machines.
 
 State Constitutions 
 
 ELECTIONS 
 
 I otit'd) 
 
 ing and roistering votesj use in designated subdivisions 
 i, of local authority may be authorized by legis- 
 lature. (Pal. II 6.) 
 and registering votes may be used, but secrecy in 
 - rved. (L'olu. VII &; Utah IV 8.) 
 ithoriaed under such regulations as may be pre- 
 f secret \ oting to be preserved. (Conn. Amend. 
 , --. Amend. XXXVIII.) 
 [QNS 
 
 >ivitt this title. 
 a p a ru r, See "Cities", " -Municipalities ", "Vil- 
 
 lages ", " Counties '*, " Townships ". 
 the subhead Debt under the titles "Cities", 
 ■ Municipalities ", " Villages ", " Counties " " Townships ". 
 
 aventions, See above, this title, Conventions, 
 Direct Dominations, See below, this title, Primaries. 
 
 iture to enact laws to secure fairness in naming party candi- 
 dal, ... 215; -Miss. XII 247.) 
 On ,ied voters may vote at political assembly held for. (La. 
 
 200.) 
 Pol ite, district, county and municipal offices to be made 
 
 at direct primary elections or by petition as provided by law. 
 
 (Ohio V 7.) 
 By petition uf non-partisan candidates, right to place on ballot not 
 hided by laws for primaries. (Okla. Ill 5.) 
 
 effective requisite number of days before Tuesday after 
 first Monday in November. (Ore. II 14.) 
 Plurality requirement, proportional representation and preferential 
 • - may be applied by law to. (Ore. II 16.) 
 
 '•untie- and of city of Baltimore to give, as prescribed 
 by ■ law? until changed. (Md. XV 8.) 
 
 this title, Frequency. 
 
 'his title, Challenges. 
 • below, this title, Registration. 
 iths-j Bee below, this title, Qualifications and Dis- 
 "i Klectors — Religious. 
 nay prescribe oaths of electors. (Conn. Amend. VIII.) 
 . : ribe other or further oaths necessary as test 
 I qualifications. (Nev. II 6.) 
 
 • provide uniform oath or affirmation to be administered 
 ind no person to be compelled to take other or differ- 
 th to entitle him to vote. (Minn. XV 3.) 
 ( \ t. II 34.) 
 r htir :l ] teat oath prohibited. (YY.Va. Ill 11.)
 
 Index Digest 625 
 
 ELECTIONS (Cont'd) 
 Offenses 
 
 See also below, this title, Purity. 
 Bribery, See above, tliis title, Bribery. 
 Corrupt practices, See above, this title, Corrupt Practices. 
 Disfranchisement for, See below, tliis title, Qualifications and Dis- 
 qualifications of Electors — Election Crime as Disqualifica- 
 tion 
 Fraud, See above, this title, Fraud. 
 
 At registration, See beloiv, this title, Registration. 
 
 Undue influence, See above, this title, Freedom of. 
 
 Arrest for, on election day, electors not privileged from. (Ky. 149.) 
 
 Candidates convicted of wilful violation of election law, forever dis- 
 qualified from holding office of profit or trust. (Pa. VIII 9.) 
 
 At general, special or municipal elections or primaries, conventions 
 or meetings, legislature may define and punish; prosecution not 
 subject to certain constitutional provisions. (Del. V 9.) 
 
 Legislature may define and punish offenses against freedom and 
 purity of ballot, or touching conduct, returns or ascertainment of 
 result of general, special or municipal elections or of primary elec- 
 tions, conventions or meetings; prosecutions not subject to certain 
 constitutional provisions. (Del. V 9.) 
 
 Legislature to provide for correction of. (S.C. II 5.) 
 
 Legislature to provide for prosecution of persons charged with. (La. 
 
 201.) 
 
 Legislature to provide for punishment of persons voting in violation 
 
 of constitution. (Wash. VI 1.) 
 
 Legislature to punish with fine and imprisonment person voting in 
 district or ward in which he does not reside except as permitted by 
 law, or voting in more than one district, or voting or offering to 
 vote in name not his own, or voting in county in which he does 
 not reside, or removing into district in Baltimore merely to vote 
 at approaching election. (Md. I 4.) 
 
 Person convicted of giving or causing to be given illegal vote, in 
 addition to other penalties, forever disqualified to hold office of 
 
 profit or trust. (Md. I 3.) 
 
 In trial, testimony of witness may be compelled, with immunity 
 except for perjury. (Colo. VII 9; Del. V 7; La. 216.) 
 
 In trial, testimony of witness except defendant may be compelled, 
 with immunity except for perjury. (Ala. VIII 189.) 
 Officers, See above, this title, Election Officers. 
 Open, See below, this title, Secrecy. 
 Opening 
 
 Local or special law not to be passed for. (Coin. V 25; 111. II 22; 
 La. 48; Minn. IV 33; Mo. IV 53; Mont. V 26; Xebr. Ill 15; N.M. 
 IV 24; N.D. II 69; Okla. V 46; Pa. Ill 7; Tex. Ill 56; W.Va. VI 
 
 39; Wyo. Ill 27.) 
 
 Local or special law not to provide for in state and county elections. 
 
 (Fla. Ill 20.) 
 
 Local or special law not to provide for in state, county or township 
 elections. (Ind. IV 22; Nev. IV 20; Ore. IV 23.)
 
 - . ate Constitutions 
 
 ELI 
 
 this title, Manner of Voting. 
 
 this title, Election Officers. 
 
 ts, See above, this title, Districts. 
 
 • of residence and not elsewhere. (N.Y. II 1.) 
 precinct of residence, but law to provide for transfer on 
 ience. (S.C. II 9.) 
 In , precinct of residence, but residents of unorganized coun- 
 
 ties may vote in any precinct of county to which their county is 
 r judicial purposes. (Tex. VI 2.) 
 In , district of residence for county officers, for state officers, 
 
 in any county; for member of Congress, in any county of con- 
 ssional district. (Ore. II 17.) 
 
 •r officers heretofore required to be elected in town meet- 
 ing, voters may vote in respective wards. (Me. IV Pt. I 5.) 
 In town or plantation of residence. (Me. II 1.) 
 
 islature may enact laws requiring voters to vote in election pre- 
 cincts of residence. (Tenn. IV 1.) 
 Legislature may provide more than one place of public meeting in 
 
 each town. (Mass. Amend. XXIX.) 
 
 Mature may regulate place of holding elections. (Md. Ill 49.) 
 
 i! .>r Bpecial law not to designate. (Ala. IV 104; Colo. V 25; 
 
 Ida. Ill 1<J; 111. II 22; La. 48; Minn. IV 33; Mo. IV 53; Mont. 
 
 V 2t3 ; Nebr. Ill 15; KM. IV 24; N.D. II 69; Okla. V 46; Pa. Ill 
 
 7; T.-x. Ill 56; Va. IV 63; W.Va. VI 39; Wyo. Ill 27.) 
 
 Local or special law not to designate, except on organization of new 
 
 counties. (Cal. IV 25; Ky. 59.) 
 Local or special law not to designate, for state and county officers. 
 
 (Fla. Ill 20.) 
 Local or special law not to designate for state, county and township 
 elections. (Ind. IV 22; Nev. IV 20; Ore. IV 23.) 
 Plurality, See above, this title, Determination. 
 
 \l Conventions, See above, this title, Conventions. 
 Poll J •. • below, this title, Qualifications and Disqualifications 
 
 of Electors. 
 • above, this title, Districts. 
 Pujuchtial Voting 
 
 Law may provide for voters' direct or indirect expression of first, 
 
 n<! <>r additional choices. (Ore. II 16.) 
 F " r ' ' senator, law to provide. (Ohio V 7.) 
 
 Pn 
 
 Advisory \. • above, this title, Advisory Votes. 
 
 -tered electors may vote. (La. 200.) 
 Electors; only registered electors may vote at legalized primary. 
 
 (Va. II 35.) 
 s convicted of making or offering to make false re- 
 procure nomination of any person to office to be dis- 
 illfted from registering and voting. (Ala. VIII 182.) 
 same qualifications for voting. (Ala. VIII 183.)
 
 Index Digest 627 
 
 ELECTIONS (Cont'd) 
 Primaries (Cont'd) 
 
 Fraud, legislature to provide for punishment. (Ala. VIII 190; 
 
 S.C. II 10.) 
 Legislature may prescribe that primaries be mandatory and obliga- 
 tory. (Cal. II 214.) 
 Legislature shall not make primaries compulsory. (Ala. VIII 190.) 
 Legislature to enact laws for mandatory primary system, for state, 
 district, county and municipal officers, including United States 
 senators, but right to place on ballot by petition non-partisan candi- 
 dates not excluded. (Okla. Ill 5.) 
 Legislature to enact direct primary law for elective state, county 
 and city officers, including United States senators and representa- 
 tives in Congress. (Ariz. VII 10.) 
 Legislature to enact direct primary law, without conventions and to 
 determine conditions for participation of electors, parties or or- 
 ganizations in primaries; law in force in 1908 to remain until 
 
 new law enacted. (Cal. II 2*£.) 
 Legislature may enact direct primary law for elective state, district, 
 county and municipal offices but not for offices in townships or 
 municipalities less than 2,000 unless majority of their electors 
 petition therefor; ballots for candidates to national political con- 
 ventions to state first and second choice of candidates for presi- 
 dency, but name of presidential candidate shall not be used without 
 his written authority. (Ohio V 7.) 
 Legislature to enact laws to secure fairness in. (La. 215; Miss. 
 
 XII 247.) 
 Legislature to enact laws to secure regularity and purity of. (Va. 
 
 II 36.) 
 Legislature to enact laws for regulation of. (S.C. II 10.) 
 Legislature to enact laws, not inconsistent with constitution, for 
 
 regulation of. (Ala. VIII 190.) 
 Offenses, legislature may define and punish; prosecution not subject 
 
 to certain coastitutional provisions. (Del. V 9.) 
 Offenses, legislature to provide for prosecution of persons charged 
 
 with. (La. 201.,) 
 Official ballots, no fee to be required for placing name of candidate 
 
 on. (Ariz. VII 14.) 
 Services of election officers, legislature may establish rates of com- 
 pensation in political subdivision; need not be uniform; legisla- 
 ture may declare for this purpose population of any city, city and 
 county, county or political subdivision. (Cal. II 2%.) 
 
 Privileges of Electors 
 
 Not to be diminished or enlarged on account of religious belief. 
 
 (Mich. II 3.) 
 
 From arrest, except for treason, felony or breach of peace, during 
 
 attendance at, going to or returning from elections. (Ala. VIII 
 
 192; Ariz. VII 4; Ark. Ill 4; Cal. II 2; Colo. VII 5; Del. V 5; 
 
 111. VII 3; Ind. II 12; Iowa II 2; Kan. V 7; La. 204; Me. II 2;
 
 g V1K Constitutions 
 
 BLBCTIOHS i 
 
 l. ^VIH^^tlX^^ebr VII 
 0kla . in 7 ; Ore. II 13; S.C. II 14; S.D. VII 5; 
 ta h 1\ :.. Wash. \1 5; Wyo. VI Suffrage 3.) 
 
 for treason, felony or breach of surety of peace 
 atj going to or returning from elections (Pa 
 
 Vlil 5.) 
 ir „. | except for mason, felony, breach or surety of peace, 
 
 „ of election laws, during attendance at, going to or re- 
 turning from elections. (Ky. 149.) 
 I for treason; felony, breach of peace or illegal 
 tion days during attendance at, going to or return- 
 ing from elections. (N.D. V 123.) 
 Kept for treason, felony, larceny or breach of peace, 
 a nee at, going to or returning from elections. (Ga. 
 
 II 3.) 
 
 rreat or aummons, except for treason, felony or breach of 
 during attendance at, going to or returning from elections. 
 
 (Tenn. IV 3.) 
 
 -t on civil process on election day. (Minn. VII 5; Nev. 
 
 II 4.) 
 ,i arrest on civil process during attendance at, going to or re- 
 turning from .lections. (Conn. VI S; Va. II 29.) 
 
 rresl on civil process during continuance of elections or time 
 
 ■ r going to or returning from same. (W.Va. IV 3.) 
 ittendance at court as suitor or witness on election day. 
 
 (Mich. Ill 6.) 
 ■n attendance at court as suitor, witness or juror on election day. 
 
 (Va. II 29.) 
 From attendance at court or judicial proceeding as suitor, witness or 
 juror during continuance of election or time necessary for going to 
 returning from same. (W.Va, IV 3.) 
 mi highway labor during continuance of election or time neces- 
 -<r\ for L.'"in'_r to or returning from same. (W.Va. IV 3.) 
 :u military duty on election day except in time of -war or public 
 At i ■. \ 11 :-; (al. II 3; 111. VII 3; Iowa II 3; Me. II 3; 
 \H' 111 6; Mont. IX 5; Nebr. VII 5; N.D. V 123; Ore. II 13; 
 S.I). \ 11 :>: I tab IV 4; Va. II 29; Wash. VI 5; W.Va. IV 3; Wyo. 
 
 VI 4.) 
 
 "or elections by equal proportional representation 
 of a!' iv office filled by election of two or more per- 
 
 fficial duties, rights and powers are equal and con- 
 current Qualified elector resident in precinct and registered as 
 may vote for one person under title for each office. 
 
 (Ore. II 16.) 
 I' 1 '!'! K '.. See above, thit title, Privileges op Electobs. 
 
 I . i , a 
 samps as, See above, this title, Campaigns.
 
 Index Digest G29 
 
 ELECTIONS (Cont'd) 
 
 PURITY , 
 
 See also above, this title, Freedom of. 
 
 Corrupt practices, See above, this title, Corrupt Practices. 
 
 Fraud, See above, this title. Fraud. 
 
 Legislature to enact laws to secure. (Ariz. VII 12; Colo. VII 11; 
 
 Del. V 1; Fla. VI 9; Md. Ill 42; Mich. Ill 8; Mont. IX 9; Nev. 
 
 II 6; N.M. VII 1; Okla. Ill 6; Tenn. IV 1; Tex. VI 4; Va. II 36; 
 
 \\.\o. VI Klections 1.) 
 Legislature to enact laws to secure regularity of general, local and 
 
 primary elections. (Va. II 36.) 
 Laws to guard against abuses of elective franchise. (Ariz. VII 12; 
 
 Colo. VII 11; Mich. Ill 8; Mont. IX 9; X.M. VII 1; Wyo. VI 
 
 ^ Elections 1.) 
 
 Legislature to punish oftenses against. (Del. V 9.) 
 
 Qualifications and Disqualification's of Electors 
 
 Additional, See below, this subdivision, Change. 
 
 Adultery, Sec l^eloio, this subdivision, Crime as Disqualification. 
 
 Age 
 
 Twenty-one years. (Ala. VIII 177; Ariz. VII 3; Ark. Amend. 
 
 IX; Cal. II 1; Colo. VII 1; Conn. Amend. VIII; Del. V 2; 
 
 Fla. VI 1; Ga. II 1; Ida. VI 2; 111. VII 1; Ind. II 2; Iowa II 
 
 1; Kan. V 1; Ky. 145; La. 197; Me. II 1; Md. I 1; Mass. 
 
 Amend. Ill; Mich. Ill 1; Minn. VII 1; Miss. XII 241; Mo. 
 
 VIII 2; Mont. IX 2; Nehr. VII 1; Nev. II 1; N.H. II 27; 
 
 N.J. II 1; N.M. VII 1; N.Y. II 1; N.C. VI 1; X.D. V 121; 
 
 Ohio V 1; Okla. Ill 1; Ore. II 2; Pa. VIII 1; K.I. Amend. 
 
 VII 1; S.C. II 3; S.D. VII 1; Tenn. IV 1; Tex. VI 1, 2; Utah 
 
 IV 2; Vt. II 34; Va. II 18; Wash. VI 1; Wis. Ill 1; Wyo. VI 
 
 Suffrage 2.) 
 
 Minors not permitted to vote. (W.Va. IV 1.) 
 
 Qualification not to apply to school district elections. (Ky. 145, 
 
 155.) 
 
 Date of qualifications, See below, this title, Registration — 
 
 Minors. 
 
 Arson, St,e below, this subdivision, Crime as Disqualification. 
 
 Assault, See below, this subdivision, Crime as Disqualification. 
 
 Betting on Election as Disqualification 
 
 See also below, this subdivision, Crime as Disql alification. 
 
 Person making or interested in bet or wager to be disfranchised 
 
 by law. (Fla. VI 5.) 
 
 Person making or interested in bet or wager not to vote at such 
 
 election. (N.Y. II 2.) 
 
 Person interested directly or indirectly in bet may be deprived 
 
 by law of right to vote at such election. (Wis. Ill 6.) 
 
 Bigamy as Disqualification 
 
 See also below, this subdivision, Crime as Disqualification. 
 
 Conviction disfranchises. (Ala. VIII 182; Ida. VI 3; Miss. XII 
 
 241.) 
 
 Conviction disfranchises, unless pardoned by governor. (S.C. 
 
 II 6.)
 
 I ( ONSTITUTIONS 
 
 ELECTIONS U ' >j4 
 
 - am. Disqualifications of Electors (Cont d) 
 Breach of Trust. Si • this subdivision, Crime as Disqualifi- 
 
 cation. 
 
 Bribery as Disqualification 
 
 to betow, this subdivision. Crime as Disqualification. 
 tion disfranchises. (Ala. VIII 182; Conn. VI 3; Miss. 
 
 XII 241.) 
 Conviction within or without state disfranchises. (Va. II 23.) 
 ■ roviction diafrachises ; unless pardoned. (Ga. II 2.) 
 Conviction disfrachises ; unless pardoned by governor. (S.C. 
 
 II (J.) 
 
 Conviction disfranchises; disability may be removed by law, 
 
 passed by two-thirds vote of all members of both branches of 
 
 legislature. (Kan. V 2.) 
 Conviction disfranchises; privilege may be expressly restored by 
 
 legislature. (E.I. II 4.) 
 Legislature may disfranchise persons convicted. (Minn. IV 15; 
 
 N.J. II 2; Ohio V 4; Wis. Ill 6.) 
 Legislature to disfranchise persons convicted. (Cal. XX 11; Fla. 
 
 VI 5; N.Y. II 2; Tex. XVI 2.) 
 Election bribery; person convicted to be disfranchised. (Md. I 
 
 3; W.Va. IV 1.) 
 Election bribery; person convicted to be disfranchised, unless re- 
 stored to civil rights by executive pardon; not to apply to 
 school district elections. (Ky. 145, 155.) 
 Election bribery; person convicted of bribery or of voting under 
 influence of bribe may be by law excluded from voting for not 
 
 over 10 years. (Me. IX 13.) 
 Election bribery : person convicted of offering, giving or receiv- 
 ing bribe for vote or of bribing election officer, to be disfran- 
 chised for 10 years. (Del. V 7.) 
 tion bribery; person offering, giving or receiving bribe not to 
 vote at such election. (X.Y. II 2; Pa, VIII 8; Vt. II 51.) 
 Election bribery; person offering, giving or receiving bribe at 
 neral, special or municipal election not to vote at such elec- 
 tion.' (Del. V 3.) 
 Members of legislature influenced by reward or promise of reward 
 t<. he disfranchised. (Cal. IV 35.) 
 
 son convicted of bribing or attempting to bribe an executive 
 
 or judicial officer of state or member or officer of legislature 
 
 or of any municipal corporation or an executive officer of 
 
 such corporation and any officer or member demanding or 
 
 «ng a bribe for performing or failing to perform official 
 
 duties, to be forever disfranchised. (Md. Ill 50.) 
 
 Burglary, 6 this subdivision, Crime as Disqualification. 
 
 Change 
 
 r qualification, See the specific subheads through- 
 out this subdivision.
 
 Index Digest 631 
 
 ELECTIONS (Cont'd) 
 
 Qualifications and Disqualifications of Electors (Cont'd) 
 Change (Cont'd) 
 
 Law impairing or forfeiting right to vote not to be enacted, 
 except for commission of felony at common law, on lawful 
 conviction thereof. (Ark. Ill 2.) 
 Legislature may prescribe additional qualifications but not annul 
 ' any in constitution. (Ida. VI 14.) 
 
 Laws extending or restricting right of suffrage not in force until 
 adopted by majority of electors voting at general election. 
 
 (N.D. V 122.) 
 Legislature may extend right of suffrage, but law must be sub- 
 mitted to people at general election and approved by majority 
 of all votes cast. (Wis. Ill 1.) 
 Laws affecting political rights and privileges of citizens to be 
 without distinction of circumstance or condition other than 
 individual incompetency or unworthiness duly ascertained by 
 
 court. (Wyo. I 3.) 
 Charity, See below, this subdivision, Public Aid. 
 
 Chinamen, See below, this subdivision, Race or Color. 
 
 Citizenship 
 
 Citizen to include persons of the male and female sex. (Ariz. 
 
 VII 2.) 
 Citizens of the state. (Del. V 2; W.Va. IV 1.) 
 Citizens of United States only. (Ala. VIII 177; Ariz. VII 3; 
 Colo. VII 1; Conn. Amend/ VIII; Fla. VI 1; Ga. II 1; Ida. 
 VI 2; Iowa II 1; Me. II 1; Md. I 1; Mont. IX 2; Nev. II 1; 
 N.J. II 1; N.M. VII 1; N.C. VI 1; N.D. V 121; Ore. II 2 
 (Amend. 1914) ; R.I. Amend. VII 1; Tenn. IV 1; Va. II 18; 
 Wash. VI 1; Wis. Ill 1; Wyo. VI Suffrage 2, 5, 10.) 
 Citizens of United States; not to apply to school district elec- 
 tions. (Ky. 145, 155.) 
 Citizens of United States at least one month before election. 
 
 (Pa. VIII 1.) 
 Citizen of United States at least three months before election; 
 
 alternative as to Indians. (Minn. VII 1.) 
 Citizens of United States at least 90 days before election. 
 
 (N.Y. II 1; Utah IV 2, 5'.) 
 Citizens of United States and citizens of state. (La. 197; Okla. 
 
 Ill 1; S.C. II 3.) 
 Citizens of United States and foreigners having declared inten- 
 tion to become citizens. *(Ark. Amend. IX; Kan. V 1; S.D. 
 
 VII 1.) 
 Citizens of United States and foreigners having declared inten- 
 tion to become citizens, if resident in United States one year 
 and duly registered according to law. (Ind. II 2.) 
 Citizens of United States and foreigners having declared inten- 
 tion to become citizens at least 30 days before election. 
 
 (Nebr. VII 1.)
 
 State ' Institutions 
 
 ELECTIONS I ,_ j5J ^ 
 
 m„,ns of Electors (Con«rf) 
 
 Citizenshu . 
 
 tea and foreigners having declared mten- 
 
 . , .., less than six months before election. 
 
 (Tex. VI 2.) 
 of [faited States and foreigners having declared inten- 
 eris no1 • - than one nor more than five 
 ra )„.,-,, | Mb. VIII 2.) 
 
 and foreigners having declared inten- 
 itizens two and one-half years before November 
 
 8, 1894. (Mich. Ill 1.) 
 United ! and those who obtained certificates of 
 
 naturalization before January 1, 1S70. (Ind. VII 1.) 
 
 of United State*, persons having acquired citizen- 
 ship under treaty of Queretaro or citizens naturalized 90 
 prior to election. < Cal. II 1.) 
 Naturalized citizens before registration to produce to registra- 
 rtificates of naturalization or certified copies. 
 
 (Fla. VI 7.) 
 Color, - this subdivision, Race or Color. 
 
 Convicts 
 
 law, this s Crime as Disqualification. 
 
 i isian, Prisoners, 
 Crime as Disqualification 
 
 Arson or burglary. (Ala. VIII 182; Miss. XII 241.) 
 Arson or burglary, unless pardoned by governor. (S.C. II 6.) 
 Assault and battery oh wife, or murder. (Ala. VIII 1S2.) 
 Betting ibove, iliis subdivision, Betting on Election as 
 
 Disqualification. 
 Bigamy, See above, this subdivision, Bigamy as Disqualifica- 
 tion. 
 Breach of trusl with fraudulent intent, fornication, housebreak- 
 ing or wife beating, unless pardoned by governor. (S.C. II 6.) 
 Bribery, > . this subdivision, Bribery as Disqualifica- 
 
 tion. 
 nviction of person over 21 disfranchises. (Md. 1/2.) 
 
 notion of such high misdemeanor as legislature may declare 
 shall disfranchise, disfranchises unless restored to civil rights 
 by executive pardon: ao\ to apply to school district elections. 
 
 (Ky. 145, 155.) 
 ime which excludes one from being witness, dis- 
 bises, unless pardoned or restored. (N.J. II 1.) 
 • punishable in state prison, See below, this subdivision, 
 Ikfamous Grime \s Disqualification. 
 Defrauding United Slates or any state disfranchises until dis- 
 ced by law passed by two-thirds vote of all mem- 
 ■ both b Legislature. (Kan. V 2.) 
 
 low, this subdivision, Dueling as Disqualifica- 
 tion.
 
 Index Digest 633 
 
 ELECTIONS (Cont'd) 
 
 Qualifications and Disqualifications of Electors (Cont'd) 
 Crime as Disqualification (Cont'd) 
 
 Election crime, See below, this subdivision, Election Crime as 
 
 Disqualification. 
 Embezzlement, See below, this subdivision, Embezzlement as 
 
 Disqualification. 
 Felony, See below, this subdivision, Felony as Disqualifica- 
 tion. 
 Forgery, See beloic, this subdivision, Forgery as Disqualibica- 
 
 tion. 
 Fraudulent bankruptcy. (Conn. VI 3.) 
 
 Incest, miscegenation, receiving stolen goods, living in adultery, 
 
 rape, robbery, assault with intent to rob, or sodomy or crime 
 
 against nature. (Ala. VIII 182.) 
 
 Incest, miscegenation, receiving stolen goods, adultery, assault 
 
 with intent to ravish, robbery or sodomy, unless pardoned by 
 
 governor. (S.C. II 6.) 
 Infamous crime, See below, this subdivisio?i, Infamous Crime as 
 
 Disqualification. 
 Larceny, See below, this subdivision, Larceny as Disqualifica- 
 tion. 
 Legislature may disfranchise for crime. (Del. V 2.) 
 Legislature to disfranchise for high crimes. (Cal. XX 11; Tex. 
 
 XVI 2.) 
 Malfeasance in office. (Ala. VIII 182; Cal. XX 11.) 
 Malfeasance in office unless pardoned. (Ga. II 2.) 
 Obtaining goods by false pretenses, See below, this subdivision, 
 
 False Pretenses as Disqualification. 
 Perjury, See below, this subdivision, Perjury as Disqualifica- 
 tion. 
 Persons disqualified for crime before adoption of constitution 
 whose disabilities have not been removed to remain disquali- 
 fied. (Va. II 23.) 
 Persons disqualified for crime before ratification of constitution 
 
 to remain disqualified. (Ala. VIII 182.) 
 Prisoners, See below, this subdivision, Prisoners. 
 Restoration of franchise to be by two-thirds vote of members of 
 
 both houses of legislature. (Conn. Amend. XVII.) 
 Restoration of franchise to be by two-thirds vote of both houses 
 of legislature; reasons to be spread on journal and vote to be 
 by yeas and nays. (Miss. XII 253.) 
 State officers and district judges may on conviction on impeach- 
 ment be disfranchised. (N.M. IV 36.) 
 Treason, See below, this subdivision, Treason as Disqualifica- 
 tion. 
 Vagrants or tramps, conviction as, disfranchises. (Ala. VIII 
 
 182.)
 
 -ate Constitutions 
 
 elections • ' .,,. 
 
 ,AL>HLAIH..NS OF ELECTORS (Cont d) 
 
 Date of Qualifications 
 
 thia title Registration — Minors. 
 
 I Mt ration. (Va. II 26.) 
 
 below, this subdivision, Residence. 
 
 Decisions as to 
 
 . this subdivision, Proofs. 
 
 1 town clerks at such times and in such manner 
 . ribed by law. (Conn. VI 5.) 
 Dueling as Disqualification 
 
 ■his subdivision, Crime as Disqualification. 
 ballenging or aiding in duels, in or out of state, 
 d. XX 2; Miss. Ill 19; Tex. XVI 4.) 
 -franchises. (Conn. VI 3.) 
 [hting, challenging or aiding in duels, in or out of state, 
 legislature to provide for giving force to pro- 
 vision. (Nev. XV 3.) 
 hallenging or aiding in duels, in or out of state, 
 adoption of constitution, disfranchises; legislature may 
 by two-thirds vote remove disability. (Va. II 23, IV 57.) 
 Participation, directly or indirectly, disfranchises. (Wis. XIII 2.) 
 to disfranchise persons duly convicted of fighting or 
 participating in duels. (Fla. VI 5.) 
 Educational 
 
 Legislature may establish, but elector qualified in 1890 not to be 
 
 reby disqualified. (Colo. VII 3.) 
 Legislature to establish. (X.D. V 127.) 
 
 Right to vote not to be restricted, abridged or irnpaired on 
 account of inability to speak, read or write English or Spanish, 
 • \ • |.t as provided in constitution. (N.M. VII 3.) 
 
 alternative to property qualification, ability to read and 
 write any article of United States Constitution in English 
 unless prevented by physical disability required in addition to 
 aployment for greater part of preceding year, unless physic- 
 ally unable to work. (Ala. VIII 181.) 
 alternative to property qualification or registration under 
 Qstitution of 1898 or amendment of 1912, ability to read 
 and write required; proof at registration. (La. 197-3.) 
 Ability to read constitution in English and to write name 
 tired, unless prevented by physical disability; not to apply 
 to persona having right to vote or 60 years old in 1911. (Cal. 
 
 II 1.) 
 
 Abilitj to read any article of state constitution or any section 
 
 Of state statutes in English, required. (Conn. Amend. XXIX.) 
 
 ity to read constitution in English and write name required 
 
 unless prevented by physical disability. (Del. V 2.) 
 
 I constitution in English and to write name 
 unless prevented by physical disability; not to-apply 
 '"I old in 1893. (Me. Amend. XXIX.)
 
 Index Digest 635 
 
 ELECTIONS (Cont'd) 
 
 Qualifications and Disqualifications of Electors (Cont'd) 
 Educational (Cont'd) 
 
 Ability to read constitution in English and to write name 
 required unless prevented by physical disability; not to apply 
 to persons having right to vote or 60 years old in 1857. 
 
 (Mass. Amend. XX.) 
 Ability to read or to explain any section of constitution required. 
 
 (Miss. XII 244.) 
 Ability to read constitution in English and to write, unless 
 prevented by physical disability, required; not to apply to 
 persons having right to vote in 1912 nor to persons 60 years 
 old, January 1, 1904. (N.H. I 11.) 
 Ability to read and write any section of constitution in English 
 required, except of persons or descendants of persons entitled 
 to vote in state of residence January 1, 1867, and registered 
 before December 1, 1908. (N.C. VI 4.) 
 Ability to read and write any section of constitution required, 
 except of persons or descendants of persons having right to 
 vote or residing in foreign nation January 1, 1866; enforce- 
 ment by election officers. (Okla. Ill 4a.) 
 Ability to read and write any section of constitution required, 
 except of persons registered before January 1, 1S98. (S.C. 
 
 II 4.) 
 Ability to read and speak English required; legislature to enact 
 
 law for ascertaining. (Wash. VI 1.) 
 Ability to read constitution unless prevented by physical dis- 
 ability. (Wyo. VI Suffrage 9.) 
 
 Election Crime as Disqualification 
 
 See also above, this subdivision, Crime as Disqualification. 
 Conviction of selling or offering to sell vote, of making or offer- 
 ing to make false election or primary returns, or of suborn- 
 ing witness or registrar to secure registration of any person 
 as elector, disfranchises. (Ala. VIII 182.) 
 Conviction in any place of selling or offering to sell, or buying or 
 offering to buy vote, disfranchises unless restored to civil 
 
 rights. (Ida. VI 3.) 
 Conviction of giving or causing to be given illegal vote dis- 
 franchises; legislature may remove penalty from vote seller. 
 
 (Md. I 3.) 
 
 Persons temporarily or permanently disqualified by law because 
 
 of corrupt practices excepted from right to vote. (Mass. 
 
 Amend. XL.) 
 
 Person convicted of wilful violation of election laws in addition 
 
 to penalties provided by law, deprived of right of suffrage for 
 
 four years. (Pa. VIII 9.) 
 Crime against election laws, unless pardoned by governor. (S.C. 
 
 II 6.) 
 Crime against elective franchise. (Utah IV 6.)
 
 
 MlTUTIOXS 
 
 ELEci, r .„ r ,, M ,« ta -(«) 
 
 Flection Crime as Disqualification (Cvntd) 
 
 ir , ,av ^franchise persons convicted of»i-de«e»or 
 
 . ,,,i W ith esereise uf right of suffrage. (Mo. VIII 10.) 
 
 ma , disfranchise persons convicted of corrupt prac- 
 
 tices. (Va. II .36. ) 
 
 Embewlement as Disqualification 
 
 this subdivision, CRIME AS DISQUALIFICATION. 
 Eranchi8e8 . lA h, VIII 182; ^ss. XI 241 
 tion within or without state disfranchises (Va II 23.) 
 ton of embezzlement or misappropriation of public funds, 
 
 disfranchises. (Cal. II 1.) 
 on of embezzlement of public funds disfranchises unless 
 
 pardoned. (Ga. II 2.) 
 notion of embezzlement of public funds in any place dis- 
 franchises, unl< red to civil rights. (Ida. VI 3.) 
 
 Establishment 
 
 .. above, this subdivision, Change. 
 government to establish. (Mass. Pt. I 9.) 
 I awe to MtabMah qualifications for electors at school elections. 
 
 (Ariz. VII 8.) 
 \. member of state to be disfranchised unless by law of land or 
 judgment of peers. (Minn. I 2; X.Y. I 1.) 
 eitizen of state to be disfranchised unless by due course of 
 
 law of land. (Tex. I 19.) 
 
 Existing Electors 
 
 men before ratification of constitution to be electors. (Conn. 
 
 VI 1.) 
 
 On April 1. 184S, qualified. (111. VII 1.) 
 
 Male inhabitants residing in state June 24, 1835, or January 1, 
 
 n, qualified. (Mich. Ill 1.) 
 In 1889 not to be deprived of right, except that after five years 
 
 only citizens may vote. (Mont. IX 2.) 
 Under laws of territory of Dakota at ratification of constitution 
 
 qualified. .(S.D. VII 1.) 
 In 1910, rights not affected by amendment. (Wash. VI 1.) 
 In 1889 not to be deprived of right, unless idiots, insane or con- 
 
 victed of infamous crimes. (Wyo. VI Suffrage 10.) 
 
 False Pretenses as Disqualification 
 
 above, this subdivision. Crime as Disqualification. 
 aviction dwfranchises. (Ala. VIII 182; Miss. XII 241.) 
 eviction disfranchises unless pardoned by governor. (S.C. 
 
 II 6.) 
 nviction within or without state disfranchises. (Va. II 23.) 
 Felony as Disqualification 
 
 ' o above, this subdivision, Crime as Disqualification. 
 disfranchises. (Del. V 2; W.Va. IV 1.) 
 Within or without state disfranchises. (Va. II 23.)
 
 Index Digest G37 
 
 ELECTIONS (Cont'd) 
 
 Qualifications and Disqualifications of Electors (Cont'd) 
 Felony as Disqualification (Cont'd) 
 
 Conviction disfranchises, unless restored to civil rights. (Ariz. 
 VII 2; Kan. V 2; Minn. VII 2; X.D. V 127; S.D. VII 8; 
 
 Wis. Ill 2.) 
 Conviction in court of record disfranchises, unless restored to 
 
 civil rights. (Fla. VI 4.) 
 Conviction in any place disfranchises unless restored to civil 
 
 rights. (Ida. VI 3.) 
 Conviction disfranchises, unless restored to civil rights by exec- 
 utive pardon; not to apply to school district elections. (Ky. 
 
 145, 155.) 
 Conviction disfranchises, unless pardoned. (Mont. IX 2.) 
 Conviction under laws of state and United States disfranchises, 
 
 unless restored to civil rights. (Xebr. VII 2.) 
 Conviction in any state or territory disfranchises, unless restored 
 
 to civil rights. (Xev. II 1.) 
 Conviction disfranchises, unless restored to political rights. 
 
 (X.M. VII 1.) 
 Conviction, after adoption of constitution, subject to exceptions 
 made by legislature, disfranchises, unless restored to civil 
 rights in manner provided by law. (Okla. Ill 1.) 
 Conviction, subject to exceptions made by legislature, disfran- 
 chises. (Tex. VI 1.) 
 Legislature may disfranchise persons convicted. (Ark. Amend. 
 
 IX; Mo. VIII 10.) 
 Forgery as Disqualification 
 
 See also above, this subdivision, Crime as Disqualification. 
 Conviction disfranchises. (Ala. VIII 182; Conn. VI 3; Miss. 
 
 XII 241.) 
 Conviction within or without state disfranchises. (Va. II 23.) 
 Conviction disfranchises; unless pardoned by governor. (S.C. 
 
 II 6.) 
 Legislature to disfranchise persons convicted. (Cal. XX 11; 
 
 Tex. XVI 2.) 
 Fornication, See above, this subdivision, Crime as Disqualification. 
 Fraudulent Bankruptcy, See above, this subdivision, Crime as Dis- 
 qualification. 
 Guardianship, See below, this subdivision, Persons under Guardian- 
 ship. 
 Housebreaking, See above, this subdivision, Crime as Disqualifica- 
 tion. 
 Idiocy as Disqualification 
 
 See also beloio, this subdivision, Incompetency as Disqualifica- 
 tion. 
 See also below, this subdivision, Insanity as Disqualification. 
 See also below, this subdivision, Persons under Guardianship. 
 Inmate3 of institutions, See below, this subdivision, Inmates of 
 
 iNSTITUnONS.
 
 I fSTITDTIONS 
 
 LLECTIONS i' ' >jv 
 
 i M-yi-.vi.ii -i< Ano.Ns of Electors {tout d) 
 
 Idiocy as Disqualification [Contfd) 
 
 - for privileges of electors. (Ark. Ill 5; Cal. II 1; 
 !l .,. N,v. Ill; Ohio V 6; Ore. II 3.) 
 
 for voting. (Ala. VLU 182; Del. V 2; Ga. II 2; 
 Ida. \ 1 3; Kv. 145; Miss. XII 241; Mont. IX 8; N.J. II 1; 
 N.M. VII 1 ; Okla. Ill 1; S.C. II 6; Tex. VI 1; Utah IV 6; Va. 
 II 23; Wash. VI 3; Wyo. VI Suffrage 6.) 
 
 riously idiotic persons whether interdicted or not, disquali- 
 fied for voting. (La. 202.) 
 Incest, >' this subdivision, Crime as Disqualification. 
 
 Incompetency as Disqualification 
 
 also below, this subdivision, Persons under Guardianship. 
 
 DiaquaJ voting. (Ariz. VII 2; Fla. VI 4; Kan. V 2; 
 
 Md. 1 2; -Minn. VII 2; Nebr. VII 2; N.D. V 127; K.I. II 4; 
 
 S.D. VII 8; Wis. Ill 2.) 
 
 Idiocy, See above, this subdivision, Idiocy as Disqualification. 
 
 Inmates of institutions, See below, this subdivision, Inmates of 
 
 Institutions. 
 Insanity, See below, this subdivision, Insanity as Disqualifica- 
 tion. 
 Indians 
 
 8\ ■ also below, this title, Race or Color. 
 
 Civilized male Indians, natives of United States and not members 
 
 of tribes, qualified. (Mich. Ill 1.) 
 Civilized persons of Indian descent who have severed tribal re- 
 lations two years, qualified to vote. (N.D. V 121.) 
 Civilized persons of Indian descent, not members of tribes, quali- 
 fied; once declared by Congress to be citizens, qualified not- 
 withstanding any later law of Congress. (Wis. Ill 1.) 
 Civilized persons of mixed white and Indian blood qualified; if 
 of pure Indian blood, to be examined by district court in 
 manner provided by law and if pronounced capable of enjoy- 
 ing rights of citizenship within state, qualified. (Minn. VII 1.) 
 Natives <>f United States qualified. (Okla. Ill 1.) 
 Narragansett tribe, members disqualified. (R.I. II 4.) 
 Not taxed, disqualified. (Me. II 1; Miss. XII 241; N.M. VII 1; 
 
 Wash. VI 1.) 
 • d v.lio have not severed tribal relations and adopted 
 habits of civilization, disqualified. (Ida. VI 3.) 
 Infamous Crime as Disqualification 
 
 ibove, this subdivision, Crime as Disqualification. 
 " /""'' , See the specific subhead. 
 
 riction of infamous crime, crime punishable by imprisonment 
 in penitentiary or involving moral turpitude, disfranchises. 
 
 (Ala. VIII 182.) 
 -. (Cal. II 1; Iowa II 5.) 
 Conviction of offense, f or which infamous punishment inflicted, 
 
 disfranchises. (Conn. VI 3.)
 
 Index Digest 639 
 
 ELECTIONS (Cont'd) 
 
 Qualifications and Disqualifications of Electors (Cont'd) 
 Infamous Crime as Disqualification (Cont'd) 
 
 Conviction of crime involving moral turpitude, punishable by 
 imprisonment in penitentiary, disfranchises, unless pardoned. 
 
 (Ga. II 2.) 
 Conviction in any place disfranchises unless restored to civil 
 
 rights. (Ida. VI 3.) 
 
 Conviction of crime punishable by imprisonment in penitentiary 
 
 disfranchises, unless pardoned with express restoration of 
 
 franchise. (La. 202.) 
 Conviction disfranchises unless restored to political rights. 
 
 (N.M. VII 1.) 
 Conviction or confession in open court on indictment of crime 
 punishable by imprisonment in state's prison disfranchises un- 
 less restored to civil rights. (N.C. VI 2.) 
 Conviction of crime punishable by imprisonment in penitentiary 
 
 disfranchises. (Ore. II 3.) 
 Conviction of crime deemed infamous at common law disfran- 
 chises, until privilege expressly restored by legislature. (R.I. 
 
 II 4.) 
 
 Conviction by jury of infamous crime, previously declared by law 
 
 and judgment thereon, the only ground for disfranchisement. 
 
 (Tenn. I 5.) 
 Conviction disfranchises unless restored to civil rights. (Wash. 
 
 VI 3; Wyo. VI Suffrage 6.) 
 
 Legislature may disfranchise persons convicted. (Ind. II 8; 
 
 Minn. IV 15; Mo. VIII 10; Ohio V 4; Tenn. IV 2; Wis. Ill 6.) 
 
 Legislature to disfranchise persons convicted. (Fla. VI 5; 111. 
 
 VII 7; N.Y. II 2.) 
 After conviction, right to vote not to be restored by local or 
 
 special law. (Ala. IV 104.) 
 Inmates of Institutions 
 
 Inmates of charitable institutions, except soldiers' home, disquali- 
 fied. (La. 202.) 
 Inmates of poorhouses or other asylums supported at public ex- 
 pense, disqualified. (Mo. VIII 8.) 
 Inmates of poorhouses or other asylums supported at public ex- 
 pense, except Federal and Confederate ex-soldiers, disqualified. 
 
 (Okla. Ill 1.) 
 Idiots, See above, this subdivision, Idiocy as Disqualification. 
 Insane persons, See below, this subdivision, Insanity as Dis- 
 qualification. 
 Paupers, See below, this subdivision, Paupees. 
 Prisoners, See below, this subdivision, Prisoners. 
 Residence, See below, this subdivision, Residence. 
 Insanity as Disqualification 
 
 See also above, this subdivision, Idiocy as Disqualification. 
 See also above, this subdivision, Incompetency as Disqualifi- 
 cation.
 
 I ONSTITTJTIONS 
 
 elect: 
 
 : im.ifications of Electors (Cont'd) 
 
 Insanity as Disqualification [Cont'd) 
 
 . this subdivision, Persons under Guardianship. 
 1,,., institu bove, this subdivision, Inmates of 
 
 Institutions. 
 
 - privileges of electors. (Ark. Ill 5; Cal. II 1; 
 
 Nev. II 1: Ohio V 6; Ore. II 3.) 
 
 i : r roting. (Ala. VIII 182; Ariz. VII 2; Del. V 2; 
 
 JTa. VI 4: Ga. II 2; Ida. VI 3: Kan. V 2; Ky. 145; Md. I 2; 
 
 .Minn. \l! 2; Miss. XII 241: Mont. IX S; X.J. II 1; N.M. 
 
 VII 1: X.D. V 127; Okla. Ill 1; R.I. II 4; S.C. II 6; S.D. 
 
 VII B; Tex. VI 1; Utah IV 6; Va. II 23; Wash. VI 3; Wis. 
 
 Ill 2; Wyo. VI Suffrage 6.) 
 Xotoriously insane persons, whether interdicted or not, disquali- 
 fied for voting. (La. 202.) 
 Persons of unsound mind not permitted to vote. (W.Va. IV 1.) 
 Interdicted Persons, See below, this subdivision, Persons under 
 
 Guardianship. 
 Larceny as Disqualification 
 
 See also above, this subdivision, Crime as Disqualification. 
 Conviction disfranchises. (Ala. VIII 182; Conn. VI 3; Miss. 
 
 XII 241.) 
 Conviction disfranchises if person over 21 at time. (Md. 
 
 I 2.) 
 Conviction disfranchises, unless pardoned. (Ga. II 2.) 
 Conviction disfranchises, unless pardoned by governor. (S.C. 
 
 II 6.) 
 Conviction of petit larceny within or without state disfran- 
 chises. (Va. II 23.) 
 Legislature to disfranchise persons convicted. (Fla. VI 5.) 
 Lepislature may disfranchise persons convicted. (Wis. Ill 6.) 
 Laws Establishing, See above, this subdivision, Establishment. 
 Malfeasance in Office, See above, this subdivision, Crime as Dis- 
 qualification. 
 Mental Defect as Disqualification 
 
 Idiocy, See above, this subdivision, Idiocy as Disqualification. 
 Incompetency, See above, this subdivision, Incompetency as 
 
 Disqualification. 
 ■ •: above, ihis subdivision, Insanity as Disqualifi- 
 cation. 
 Miscegenation, See above, this subdivision, Crime as Disqualifica- 
 tion. 
 Miscellaneous 
 
 alternative to property qualification, regular work in lawful 
 ' '■' i*t for frreater part of preceding year unless physi- 
 
 llly unable to work in addition to an educational qualifica- 
 tion required. (Ala. VIII 181.) 
 I moral character required. (Conn. Amend. VIII.) 
 -on belonging or contributing to order, corporation or so-
 
 Ixdkx I )[<;kst i; 1 I 
 
 ELECTIONS (Cont'd) 
 
 Qualifications and Disqualifications of Electors [Cont'd) 
 Miscellaneous (Cont'd) 
 
 ciety teaching or advising that laws of this state prescribing 
 rules of civil conduct are not supreme law of state, disquali- 
 fied. (Ida. VI 3.) 
 Person who is bigamist or polygamist or living in what is known 
 as patriarchal, plural or celestial marriage or in violation of 
 law of state or United States forbidding such crime, or who 
 teaches, aids or encourages any person to enter into such 
 marriage or who is a member of or contributes to support of 
 any order, corporation or society teaching, encouraging or 
 aiding persons to enter into such marriage, disqualified. (Ida. 
 
 VI 3.) 
 Persons dishonorably discharged from service of United States 
 
 unless reinstated, disqualified. (Kan. V 2.) 
 Freemen having an interest in and an attachment to community 
 qualified to be electors under regulations of constitution. 
 
 (Vt. I S.) 
 Quiet and peaceable behavior required. (Vt. II 34.) 
 Men having sufficient evidence of permanent common interest in 
 
 and attachment to, the community, qualified. (Va. I 6.) 
 Political test oath as qualification prohibited. (W.Va. Ill 11.) 
 For Municipal Elections 
 
 Electors of city may vote for any civil officer required by con- 
 stitution to be elected in their respective wards. (Me. IV 
 
 Pt. I 5.) 
 Same as for general elections and additional as provided by law. 
 
 (Miss. XII 245.) 
 Payment of taxes during previous year on property assessed 
 $134 or more required to vote for city council or on proposi- 
 tion to impose tax or for expenditure of money in town or 
 
 city. (R.I. Amend. VII 1.) 
 Same as for general elections; in addition, residence four months 
 within corporate limits, and payment of taxes due for pre- 
 ceding year. (S.C. II 12.) 
 Qualified electors in state, resident for six months in city or town 
 qualified to vote for mayor and other elective officers. (Tex. 
 
 VI 3.) 
 Legislature may prescribe property qualification not exceeding 
 $250 for voters in county or subdivision thereof, or city or 
 town, as prerequisite for voting in any election for officers 
 other than members of legislature, to be wholly elected by 
 voters of such county or subdivision or city or town ; such 
 action, if taken, to be on initiative of representative in legis- 
 lature of county, city or town affected; legislature may make 
 such exemptions from qualifications as are not inconsistent 
 with Constitution of United States. (Va. II 30.) 
 Registration, See below, this title, Registration. 
 
 21
 
 Si \ I ! ( fojfSTITUTJONS 
 
 ELECTIONS '-/i 
 
 ..... Di^.iu.iricATioNs OF Electors (Cont'd) 
 Murder, Set above, this subdivision, Crime as Disqualification. 
 Negroes, Se> below, this subdivision, Race or Color. 
 Non Compos Mentis, /S'ce above, this subdivision, Incompetency as 
 
 Disqualification. 
 Oaths, Bet above, this title,, Oaths. 
 
 Obtaining Goods by False Pretenses, See above, this subdivision, 
 
 False Pretenses as Disqualification. 
 Paupers 
 
 s. , <ils<> below, tltis subdivision, Property. 
 
 J ii institutions, See above, this subdivision, Inmates of Insti- 
 tutions. 
 Disqualified for voting. (Del. V 2; Me. II 1; N.J. II 1; K.I. 
 
 II 4; S.C. II 6; Va. II 23; VV.Va. IV 1.) 
 Disqualified for voting for governor, lieutenant-governor, sena- 
 tors and representatives; (Mass. Amend. III.) 
 Supported by county, disqualified for voting. (Tex. VI 1.) 
 Perjury as Disqualification 
 
 • v -.. also above, this subdivision, Crime as Disqualification. 
 
 aviction disfranchises. (Conn. VI 3; Miss. XII 241.) 
 I onviction within or without state disfranchises. (Va. II 23.) 
 Conviction disfranchises; unless pardoned by governor. (S.C. 
 
 II 6.) 
 Conviction of perjury or subornation of perjury disfranchises. 
 
 (Ala. VIII 182.) 
 Legislature to disfranchise persons convicted. (Cal. XX 11; 
 
 Fla. VI 5; Tex. XVI 2.) 
 Legislature may disfranchise persons convicted. (Minn. IV 15; 
 
 Ohio V 4.) 
 Persons under Guardianship 
 
 Interdicted persons not permitted to register or vote. (La. 202.) 
 Disqualified for voting. (Ariz. VII 2; Fla. VI 4; Ida. VI 2; 
 Kan. V 2; Me. 11 1; Mass. Amend. Ill; Minn. VII 2; N.D. 
 \ 127; R.l. II 4; S.I). VII 8; Wis. Ill 2.) 
 Idiots, See above, this subdivision, Idiocy as Disqualification. 
 Incompetents, See above, tltis subdivison, Incompetency as Dis- 
 qualification. 
 ine persons, See above, this subdivision, Insanity as Dis- 
 qualification. 
 Poll Taxes 
 
 Set also below, this subdivision, Taxes. 
 
 iBlature may make payment of capitation tax a prerequisite 
 voting. (Fla. VI 8; Nev. II 7.) 
 Non payment not to deprive honorably discharged war veterans 
 of United States army or navy of vote. (Mass. Amend. 
 
 XXXI.) 
 
 menl not to be required of soldiers or sailors. (Nev. II 3.) 
 
 I' yment or advance of another's poll tax to influence vote 
 
 ""I bribery; on conviction, imprisonment of one to five 
 
 years. (Ala. VIII 195.)
 
 Index Dkjkst ('» !■'! 
 
 ELECTIONS (Cont'd) 
 
 Qualifications and Disqualifications of Ki.i; ( toils (Cont'd) 
 Poll Taxes (Cont'd) 
 
 Payment or advance of another's poll tax to influence vote de- 
 clared bribery (La. 1!>S.J 
 
 Payment before February 1st of poll taxes due for 1901 and 
 each subsequent year required. (Ala. VIII 178, 194.) 
 
 Payment at time of collecting taxes preceding election required; 
 evidence to be presented; exception for persons having attained 
 21 since time of assessment; tax receipt to be so marked by 
 judges of election as to prevent holder from voting more than 
 once at any election. (Ark. Amend. IX.) 
 
 Payment on or before December 31st for two years preceding, of 
 tax of $1 per annum required unless over 60, deaf and dumb 
 or blind. If under 23, payment of poll taxes assessed suffi- 
 cient. Poll tax receipts to be shown to commissioners of 
 elections; detailed provisions, in case of loss, for duplicate or 
 proof by certificate; alteration of receipt forgery. (La. 198.) 
 
 Uniform tax imposed on male inhabitants between 21 and (50 
 except deaf and dumb and those maimed by loss of hand or 
 foot, amount $2, may be raised to $3, in any county; use 
 only for common schools; to be lien only on taxable prop- 
 erty; no criminal proceedings to enforce collection. (Miss. 
 
 XII 243.) 
 
 Payment on or before May 1st required. (N.C. VI 4.) 
 
 Assessment of tax of $1, or such sum as with other taxes 
 amounts to $1 on all persons qualified, if registered, to vote; 
 use of proceeds for schools; remission to persons who have 
 performed military duty for the year, and on application to 
 mariners for any year while at sea and to persons unable to 
 pay from extreme poverty; legislature to provide for collection. 
 
 (R.I. Amend. VII 2.) 
 
 Payment six months before election required. (S.C. II 4.) 
 
 Payment for such period and at such time as legislature pre- 
 scribes required; elector to give judges of election satisfactory 
 evidence of payment. (Tenn. IV 1.) 
 
 Payment before February 1st preceding election by all subject 
 to poll tax under law required; possession of receipt necessary; 
 detailed provisions as to proof in case of loss of receipt; legis- 
 lation not needed to enact this provision. (Tex. VI 2.) 
 
 Payment for three preceding years required (or on coming of 
 age $1.50) except for veterans of Civil war on either side; 
 detailed provisions as to evidence of payment and posting of 
 lists; legislature may prescribe further evidence as prerequi- 
 site. (Va. II 18, 20, 22, 3S.) 
 Previous Condition of Servitude 
 
 See also beloiv, this subdivision, Race or Color. 
 
 Law not to restrict or abridge right to vote, on account of pre- 
 vious condition of servitude. (Ariz. XX "Seventh"; X.M. 
 
 XXI 5} Okla. I 6.)
 
 r,\\ State Constitutions 
 
 ELECTIONS 
 
 iixru mows \m> Disqualifications of Electors {Cont'd) 
 Previous Condition of Servitude {Cont'd) 
 
 ote not to be withheld from male citizen of United 
 ii account of previous condition of servitude. (Nev. 
 
 XVIII 1.) 
 For Primaries, See above, thi3 title, Primaries. 
 Prisoners 
 
 Bee also above, this subdivision, Crime as Disqualification. 
 
 also above, this subdivision, Inmates of Institutions. 
 In confinement under judgment of court for penal offense dis- 
 qualified. (Ky. 145.) 
 In public prisons disqualified. (La. 202; Mo. VIII 8; Okla. Ill 
 
 1; S.C. II 6.) 
 In public prisons on conviction of criminal offense disqualified. 
 
 (Ida. VI 3.) 
 In public prisons disqualified but if qualified before imprison- 
 ment, he shall on release by pardon or by service of full term, 
 be invested with all rights of citizenship, except as otherwise 
 provided in constitution. (Colo. VII 10.) 
 Proofs 
 
 Decision, See above, this subdivision, Decisions as to. 
 Answer on oath questions as to qualifications submitted by reg- 
 istration officers required. (Va. II 20.) 
 Certificate of registration before January 1, 1898, to establish 
 
 right to franchise. (S.C. II 4.) 
 Legislature may prescribe nature of evidence to be required as 
 
 to qualifications. (R.I. II 6.) 
 Legislature may prescribe other or further rules or oaths neces- 
 sary as test of electoral qualifications. (Nev. II 6.) 
 Legislature to provide for ascertainment of citizens qualified as 
 electors. (Kan. V 4; Nev. II 6; N.Y. II 4.) 
 Property 
 
 For municipal elections, See above, this subdivision, Municipal 
 
 Elections. 
 Paupers See above, this Subdivision, Paupers. ; 
 Taxes, ,SVc below, this subdivision, Taxes. 
 Qualification ought not to affect right to vote. (N.C. I 22.) 
 Qualification prohibited. (Cal. I 24; Kan. B.R. 7; Minn. I 17.) 
 Qualification prohibited except as provided in constitution. 
 
 (Utah I 4.) 
 Qualification prohibited except in elections levying special tax 
 <>r creating indebtedness. (Utah IV 7.) 
 klification prohibited except in school elections and elections 
 creating indebtedness. (Ida. I 20.) 
 A- alternative to educational and work qualification, ownership 
 in Belf or wife Of 40 acres on which they reside; or of real 
 ■sonal property in state assessed at $300 or more, pro- 
 taxes for preceding year have been paid (unless assess- 
 nttnl legally contested and undetermined) required. (Ala. 
 
 VIII 181.)
 
 Index Digest 645 
 
 ELECTIONS (Cont'd) 
 
 Qualifications and Disqualifications of Electors (Cont'd) 
 Property (Cont'd) 
 
 As alternative to educational qualification or registration under 
 constitution of 1898 or amendment of 1912, ownership of prop- 
 erty in state assessed at $300 and on which, if personal, taxes 
 have been paid, required. (La. 197 (4).) 
 
 Male citizen of U. S. 21 years old who has had residence and 
 home in state for one year, and in town or city in which he may 
 claim right to vote, six months next preceding time of voting, 
 and who is " really and truly " possessed in own right of real 
 estate in such town or city of the value of $134 over and 
 above incumbrances, or which rents for $7 a year over and 
 above rent reserved or interest of any incumbrances thereon, 
 being estate in fee-simple, fee-tail, for life of person, or estate 
 in reversion or remainder, which qualifies no other person to 
 vote, conveyance of which estate if by deed has been recorded 
 at least 90 days, may vote in election of all civil officers and 
 on all questions in legal town or ward meetings so long as 
 he continues qualified. If he owns such estate within state 
 out of town or city of residence he may vote in election of 
 general officers and members of legislature in town or city 
 where he has had residence and home for six months next 
 preceding election, on producing certificate from clerk of 
 town or city where estate lies, dated within 10 days of time of 
 voting, setting forth that he has sufficient estate therein to 
 qualify him as voter and that deed, if any, has been recorded 
 90 days (apparently this is an alternative to personal regis- 
 try). (R.I. II 1.) 
 
 Ownership of property in state assessed at $300 or over re- 
 quired if not registered before January 1, 1898. (>S.C. II 4.) 
 
 Ownership of property on which in preceding year $1 tax paid, 
 
 required for permanent registration in 1902 and 1903. (Va. 
 
 II 19.) 
 Public Aid 
 
 Institutions, Sec above, this subdivision, Inmates of Institu- 
 tions. 
 Paupers, Sec above, this subdivision, Paupers. 
 
 Not to deprive honorably discharged war veterans of United 
 States army or navy of right to vote. (Mass. Amend. XXXI.) 
 Race or Color 
 
 Indians, See above, this subdivision, Indians. 
 Previous condition, See above, this subdivision, Previous Con- 
 dition of Skrvitude. 
 Chinese disqualified. (Ore. II 6.) 
 Chinese, natives of China, disqualified. (Cal. II 1.) 
 Chinese or persons of Mongolian descent not born in United 
 
 States disqualified. (Ida. VI 3.) 
 Color qualification removed. (Conn. Amend. XXIII.) 
 Law not to restrict, abridge or impair right to vote on account 
 of race or color. (Ariz. XX Seventh; N.M. VII 3, XXI 5; 
 
 Okla. I 6; Wyo. I 3.)
 
 Si vn: (VwnvTh>v- 
 
 H.KCTIONS I _ .,,. 
 
 MM, ITIONS WD DlSQl Mill. MM. ns m ELECTORS (Confd) 
 
 Race or Color [Cont'd) 
 
 Laws affecting political rights' and privileges to be without dis- 
 tinction of race. (Wyo. I 3.) 
 1; ,,_ rilt ,,, V ote kbt tb be withheld from male citizen of United 
 teg on account of color. (New X\ III 1.) 
 
 I mulattoes not to have right of suffrage. (Ore. II 6.) 
 ,,- qualified. (Kan. V 1; Ohio V I.) 
 Rebellion as Disqualification 
 
 tote, this subdivision, Treason as Disqualification. 
 Pert at win. have voluntarily borne arms against United States 
 or aided in attempted overthrow of government (except those 
 having been honorably discharged from military service of 
 tfnited States since April 1. 1861, after at least one year's 
 disqualified until disability removed by law passed by 
 two-thirds vote of both branches of legislature. (Kan. V 2.) 
 Receiving Stolen Goods, See above, this .subdivision, Crime as Dis- 
 qualification. 
 
 Registration, Set below, this title. Registration. 
 Religious 
 
 Political rights not to be denied on account of religion* belief. 
 
 (in. ii 3.) 
 
 thai rights, privileges and capacities not to be diminished or 
 enlarged on account of religious belief. (Mich. II 3.) 
 
 lit to vote not to be abridged, restricted or impaired on ac- 
 count of religious belief. (KM. VII 3.) 
 I -t oaths prohibited. (W.Va. Ill 11.') 
 
 rests prohibited. (Ark. II 26; Kan. B.E. 7; Mich. II 3; Minn. 
 
 I 17; Utah I 4.) 
 Residence 
 
 Si e His*, lli-ini'M k. 
 
 losent Electors, See above, this title, Absent Electors. 
 I , Municipal Elections, See above, this subdivision, For Mu- 
 nicipal Elections. 
 Ri moval from Election District, See below, this subdivision, 
 
 Time Requirement. 
 During War, Set below, this title. During War. 
 
 On Indian Lands 
 
 Within state, entitles electors to vote at polls nearest their 
 dence; provided no person to vote for county officers 
 out of county of residence. (Wis. XIII 5.) 
 On hands Ceded t<> United States 
 
 Not to entitle persons to vote. (R.I. H 5.) 
 
 Honorably discharged soldiers, marines and seamen having 
 
 ed hi forces of United States or of state, residing in 
 
 soldiers' homes may gain residence for voting. (Mich. 
 
 Ill 2.) 
 Not gained while confided in public jail or prison. (Ariz. 
 
 VII 2.)
 
 Index Digest 647 
 
 ELECTIONS (Cont'd) 
 
 Qualifications and Disqualifications of Electors (Cont'd) 
 Residence (Cont'd) 
 Gaming (Cont'd) 
 
 Not gained while confined in public prison. (Cal. 11 4; 
 
 Colo. VII 4; Kan. V 3; Mich. ITT 2; Mo. VIII 7; Mont. 
 
 IX 3; New II 2; N.Y. II 3; Ore. II 4; Wash. VI 4.) 
 Not gained while inmate of almshouse or asylum at public 
 
 expense. (Ariz. VII 3; Cal. II 4; Colo. VII 4; Ida. VI 
 
 5; Kan. V 3; Mich. Ill 2; Mo. VIII 7; Mont. IX 3; Nev. 
 
 II 2; Ore. II 4; Pa. VIII 13; Wash. VI 4.) 
 Not gained while inmate of almshouse or asylum or institu- 
 tion wholly or partly supported at public expense or by 
 
 charity. (N.Y. II 3.) 
 Not gained while inmate of charitable institution. (Va. 
 
 II 24.) 
 Not gained while navigating waters of state or United States. 
 
 (Ida. VI 5.) 
 Not gained while navigating waters of state or United 
 
 States or high seas. (Cal. II 4; Kan. V 3; La. 208; 
 
 Mich. Ill 2; Mo. VIII 7; N.Y. II 3; Ore. II 4; Pa. VIII 
 
 13; S.C. II 7; Wash. VI 4.) 
 Not gained while navigating waters of United States or 
 
 high seas. (Nev. II 2.) 
 Not gained while on state business. (Ida. VI 5.) 
 Not gained while in state civil or military service. (Colo. 
 
 VII 4; La. 208; Mo. VIII 7; Pa. VIII 13; Wash. VI 4.) 
 
 Not gained while in state military, naval or marine service 
 
 , by being stationed in garrison, barrack or military place 
 
 in state. (Me. II 1.) 
 Not gained while in state service. (Mich. Ill 2; Mont. 
 
 IX 3; N.M. VII 4; Ore. II 4.) 
 Not gained while student at institution of learning. (Ariz. 
 
 VII 3; Cal. II 4; Colo. VII 4; Ida. VI 5; Kan. V 3; La. 
 
 208; Me. II 1; Mich. Ill 2; Mo. VIII 7; Mont. IX 3; 
 
 Nev. II 2; N.M. VII 4; N.Y. II 3; Ore. II 4; Pa. VIII 13; 
 
 S.C. II 7; Va. II 24; Wash. VI 4.) 
 Not gained while in United States or allies' army or navy 
 
 as soldier, seaman or marine, by being stationed in state. 
 
 (Ind. II 3; Ore. II 5.) 
 Not gained while in United States army or navy as officer, 
 
 soldier, eeaman or marine by being stationed in state. 
 
 (Va. II 24.) 
 Not gained while in United States army or navy as soldier, 
 
 sailor or marine by being stationed at military or naval 
 
 place in state. (Ariz. VII 6; Mich. Ill 3; Mont. IX 6.) 
 Not gained while in United States army or navy as soldier, 
 
 sailor or marine by being stationed in state. (111. VII 
 
 5; Minn. VII 4; Nebr. VII 4; N.D. V 126; S.D. VII 7; 
 
 Wis. Ill 5; Wyo. VI Suffrage 8.)
 
 - ,. Constitutions 
 
 ELECTIONS 
 
 roD .,., u , 11( wi.i.NS OF ELEGTOBS (Contd) 
 
 Not gained while in United States military or naval service 
 sailor or marine by being stationed in state. 
 
 (Ark. Ill 7; Ga. II 1.) 
 ined while in United States military., naval or marine 
 service bj being stationed in garrison, barrack or mili- 
 tary place in state. (Me. 11 1.) 
 
 ined while in United States military, naval or marine 
 j ;„ ing Btationed in garrison, barrack, military 
 oi naval place. (Iowa II 4.) 
 
 ined while in United States military, naval or marine 
 
 .-.r\i<e by being stationed in garrison, military or naval 
 
 Btation in state. (Ohio V 5.) 
 
 \,.t rained while in United States military, naval or marine 
 
 service by being stationed in state. (Del. V 2; Js.J. II 1; 
 
 W.Va. IV 1.) 
 
 Not gained while in United States military, naval or marine 
 
 ice by being stationed in state; not to apply to school 
 
 district elections. (Ky. 146", 155.) 
 
 Not gained while in United States regular army or navy by 
 
 being Btationed in state. (Okla. Ill 2.) 
 \.>t gained while in United States service by being em- 
 ployed in garrison, barrack, military or naval station in 
 
 state. (R.I. 114.) 
 
 Nut gained while in United States service as soldier, sailor 
 
 or marine by being stationed or doing duty in state. 
 
 (La. 175.) 
 Not gained while on United States business. (Ida. VI 5; 
 
 Kan. V 3.) 
 
 Not gained while in United States civil or military service. 
 
 (Colo. \ 11 4. La. 208; Mo. VIII 7; Pa. VIII 13; Wash. 
 
 VI 4.) 
 Not gained while in United States service. (Ariz. VII 3; 
 Cal. 11 4: Mich. 1 1 1 2; Mont. IX 3; Xev. II 2; N.M. 
 \ II I: N.Y. II 3; Ore. II 4; S.C. II 7.) 
 / oat 
 
 Not lost while confined in public jail or prison. (Ariz. 
 
 VII 3.) 
 
 Nol lost while confined in public prison. (Cal. II 4; 
 
 Colo. \ II 1; Kan. V 3; Mich. Ill 2; Minn. VII 3; Mo. 
 
 Mil 7. Mont. IX 3; Xev. II 2; N.Y. II 3; Ore. II 4; 
 
 Wash. VI 4.) 
 lost while inmate of almshouse or asylum. (Minn. 
 
 VII 3.) 
 
 1 while inmate of almshouse or asylum at public ex- 
 
 pens( \ri/.. VII 3; Cal. II 4; Colo. VII 4; Ida. VI 5; 
 
 Kan V 3j Mich. Ill 2; Mo. VIII 7; Mont. IX 3; Nev. 
 
 II -'; <>rc II 4; Pa. VIII 13; Wash. VI 4.)
 
 Index Digest G49 
 
 ELECTIONS (Cont'd) 
 
 Qualifications and Disqualifications of Electors (Cont'd) 
 Residence (Cont'd) 
 Loss (Cont'd) 
 
 Not lost while inmate of almshouse or asylum or institution 
 wholly or partly supported at public expense or by charity. 
 
 (N.Y. II 3.) 
 Not lost while inmate of charitable institution. (Va. II 24.) 
 Not lost while navigating waters of state or United States. 
 
 (Ida. VI 5; Minn. VII 3.) 
 
 Not lost while navigating waters of state or United States 
 
 or high seas. (Cal. II 4; Kan. V. 3; La. 20S; Mich. Ill 
 
 2; Mo. VIII 7; N.Y. II 3; Ore. II 4; Pa. VIII 13; S.C. II 
 
 7; Wash. VI 4.) 
 Not lost while navigating waters of United States or high 
 
 seas. (Nev. II 2.) 
 
 Not lost while on state business. (Ida. VI 5; 111. VII 4; 
 
 Ind. II 4; N.D. V 125; S.D. VII 6; Tex. XVI 9; Wis. Ill 
 
 4; Wyo. VI 7.) 
 
 Not lost while in state civil or military service. (Colo. 
 
 VII 4; La. 208; Mo. VIII 7; Pa. VIII 13; Wash. VI 4.) 
 
 Not lost while in state military service. (Me. II 1.) 
 
 Not lost while in state military or naval service. (111. VII 
 
 4; N.D. V 125.) 
 Not lost while in state service. (Mich. Ill 2; Mont. IX 3; 
 
 N.M. VII 4; Ore. II 4.) 
 
 Not lost while student in institution of learning. (Ariz. 
 
 VII 3; Cal. II 4; Colo. VII 4; Ida. VI 5; Kan. V 3; La. 
 
 208; Mich. Ill 2; Minn. VII 3; Mo. VIII 7; Mont. IX 3; 
 
 Nev. II 2; N.M. VII 4; N.Y. II 3; Ore. II 4; Pa. VIII 13; 
 
 S.C. II 7; Va. II 24; Wash. VI 4.) 
 
 Not lost while on United States business. (Ida. VI 5; 111. 
 
 VII 4; Ind. II 4; Kan. V 3; N.D. V 125; S.D. VII 6; 
 
 Tex. XVI 9; Wis. Ill 4; Wyo. VI Suffrage 7.) 
 
 Not lost while in United States civil or military service. 
 
 (Col. VII 4; La. 20S; Mo. VIII 7; Pa. VIII 13; Wash. 
 
 VI 4.) 
 Not lost while in United States military service. (Me. II 1.) 
 Not lost while in United States military or naval service. 
 
 Okla. Ill 2; S.D. VII 6; Wyo. VI 7.) 
 Not lost while in United States service. (Ariz. VII 3; Cal 
 II 4j Mich. Ill 2; Minn. VII 3; Mont. IX 3; Nev. II 2; 
 N.M. VII 4; N.Y. II 3; Ore. II 4: S.C. IT 7.) 
 By removal from election district, See below, this subdi- 
 vision, Residence — Time Requirement. 
 Time Requirement 
 
 In city, 30 days. (Wash. VI 1.) 
 
 In city, 60 days. (Mo. VIII 2.) 
 
 In city, six months. (R.I. Amend. VII 1.) 
 
 In city, one year. (Miss. XII 241; Va. TI 18.) 
 
 In city, time provided by law. (Colo. VII 1.)
 
 Si \n Constitutions 
 
 ELECTIONS ■■•• ;-■; 
 
 ■ U.HH aiiu.ns oi' Electors (Cont d) 
 
 dence (Confd) 
 
 tiremmt [Cont'd] 
 In county, 30 days. (S.D. VII 1.) 
 
 In county 30 days; actual, not constructive. (Ida. VI 2; 
 
 Nev. II 1.) 
 
 In county, 60 days. (Iowa II 1; Mo. VIII 2; W.Va. IV 
 
 1; Wyo. VI Suffrage 2.) 
 
 In county, 90 da vs. (Cal. II 1; 111. VII 1; N.M. VII 1; 
 
 Wash. VI 1.) 
 
 In county, throe months. (Del. V 2.) 
 In county, four months. (NT. II 1; Utah IV 2.) 
 In count}, five months. (N.J. II 1.) 
 
 In county, six months. (Ark. Amend. IX; Fla. VI 1; Ga. 
 II 1; Md. I 1; X.C. VI 2; N.D. V 121; Okla. Ill 1; Tenn. 
 
 IV 1; Tex. VI 2.) 
 In county, six months; not to apply to school district elec- 
 tions. (Ky. 145, 155.) 
 In county, one year. (Ala. VIII 178; S.C. II 4; Va. II IS.) 
 In county, time prescribed by law. (Colo. VII 1; Mont. 
 
 IX 2; Ohio V 1.) 
 
 In election district, 10 days. (S.D. VII 1.) 
 
 In election district, 30 days. (Cal. II 1; Del. V 2; 111. 
 
 VII 1; Ind. II 2; Minn. VII 1; N.M. VII 1; N.Y. II 1; 
 
 Okla. Ill 1; Va. II 18; Wash. VI 1.) 
 
 In election district, 30 days; actual, not constructive. 
 
 (Nev. II 1.) 
 In ilcct ion district, one month. (Ark. Amend. IX.) 
 In election district. (i(t days. (Utah IV 2.) 
 In election district, 60 .days; not to apply to school dis- 
 trict elections. (Ky. 145, 155.) 
 In election district, two months. (Pa. VIII 1.) 
 In election district, 90 days. (N.D. V 121.) 
 In election district, three months. (Ala. VIII 178.) 
 In -l.ction district, four months. (N.C. VI 2; S.C. II 4.) 
 In election district, six months. (La. 197 (1>; Tex. VI 2.) 
 In election district, six months to vote for governor, lieu- 
 tenant-governor, senators and representatives. (Mass. 
 
 Amend. III.) 
 
 In election district, one year; but minister of gospel in 
 
 charge of urbanized church entitled to vote after six 
 
 ttths' residence. (Miss. XII 241.) 
 
 In election district, time prescribed by law. (Colo. VII 1; 
 
 Mont. IX 2.) 
 1,1 election district, time prescribed by law, not exceeding 
 
 30 days. (Wis. Ill 1.) 
 In election district; removal within thirty days of election 
 to another district in same county, town or city not to 
 forfeit right to vote in old district. (Va. II 18.)
 
 Index Digest 651 
 
 ELECTIONS {Cont'd) 
 
 Qualifications and Disqcauih atio.vs <<i Ki.ki tors (Cont'd) 
 Residence (Cont'd) 
 
 Time Requirement (Cont'd) 
 
 In election district j removal within 30 days of election 
 to another district in same county, incorporated town or 
 city not to forfeit right to vote in old district. (Ala. 
 
 VIII 178.) 
 In election district; removal within four months of elec- 
 tion to another district in same county not to forfeit right 
 In hundred, 30 days. (Del. V 2.) 
 
 In election district; removal within six months of election 
 to another district in same parish not to forfeit right to 
 vote in old district. (La. 197 (1).) 
 In electoral district, six months; detailed provisions as to 
 
 keeping residence in case of removal. (Md. I 1.) 
 In hundred, 30 days. (Del. V 2.) 
 In legislative district of Baltimore City, six months. (Md. 
 
 I 1.) 
 In parish, one year. (La. 197 (1).) 
 In state, three months. (Me. II 1.) 
 
 In state, six months. (Ind. II 2; Iowa II 1; Kan. V 1; 
 Mich. Ill 1 ; Minn. VII 1 ; Xebr. VII 1 ; Ore. II 2, Amend. 
 
 1914; S.D. VII 1.) 
 In state, six months; actual, not constructive. (Nev. II 1.) 
 In state, one year. (Ark. Amend. IX; Cal. II 1; Colo. VII 
 I; Conn. Amend. VIII; Del. V 2; Fla. VI 1; Ga. II 1; 
 111. VII 1; Md. I 1; Mo. VIII 2; Mont. IX 2; N.J. II 1; 
 N.M. VII 1; N.Y. II 1; N.D. V 121; Ohio V 1; Okla. 
 Ill 1; Tenn. IV 1; Tex. VI 2; Utah IV 2; Vt. II 34; 
 Wash. VI 1; W.Va. IV 1; Wis. Ill 1; Wyo. VI Suf- 
 frage 2.) 
 In state, one year; actual residence. (Ida. VI 2.) 
 In state, one year; but six months only for qualified elec- 
 tors or native-born citizens of state who remove therefrom 
 and then return. (Pa. VIII 1.) 
 In state, one year, for voting for governor, lieutenant-gov- 
 ernor, senators and representatives. (Mass. Amend. III.) 
 In state, one year, not to apply to school district elections. 
 
 (Ky. 145, 155.) 
 In state, two years. (Ala. VIII 178; La. 197 (1); Miss. 
 
 XII 241; N.C. VI 2; R.I. Amend. VII 1; Va. II 18.) 
 In state, two years; but for ministers in charge of organized 
 churches and teachers of public schools, six months. (S.C. 
 
 II 4.) 
 In town, 30 days. (Kan. V 1; Wash. VI 1.) 
 In town, one month. (Ark. Amend. IX.) 
 In town, 60 days. (Ind. II 2; Mo. VIII 2.) 
 In town, six months. (Conn. Amend. VIII; R.I. Amend 
 
 VII 1.)
 
 , _. State Constitutions 
 
 I CTIONS 
 
 ■ ! Mill. \lio.\s OP EtECTOBS (Cont'd) 
 
 t'd) 
 
 I nt'd) 
 In town, mx months, to vote for governor, lieutenant-gover- 
 rfl and representatives. (Mass. Amend. III.) 
 [ a town, one year. (Miss. XII 241; Va. II 18.) 
 In town, time prescribed by law. (Colo. VII 1; Mont. 
 
 IX 2; Ohio V 1.) 
 In township, 20 days. (Mich. Ill 1.) 
 In t . .\% n-lii j>. :iU days. (Kan. V 1.) 
 In township, 60 days. ( Irid. II 2.) 
 In township, time proscribed by law. (Ohio V 1.) 
 In United States; one year. (S.D. VII 1.) 
 In United States, one year for foreigners having declared in- 
 
 tention to become citizens. (Ind. II 2.) 
 In ward. 20 days. (Mich. Ill 1.) 
 
 In ward, 30 days. (Ind. II 2; Kan. V 1; Wash. VI 1.) 
 In ward, one month. (Ark. Amend. IX.) 
 In ward, three months but removal within three months to 
 ;.i other ward in same city not to forfeit right to vote in 
 old ward. (Ala. VIII 17S.) 
 In ward, four months but removal within four months to 
 another ward in same county not to forfeit right to vote 
 in old ward. (X.C. VI 2.) 
 In ward, time proscribed by law. (Colo. VII 1; Ohio V 1.) 
 Restoration of Franchise to Persons Disqualified, Sec above, this sub- 
 division, Crime as Disqualification. 
 Restrictions, See ahorr, tit is subdivision, Change. 
 Robbery, 8fi -• above, this subdivision, Crime as Disqualification. 
 Sex 
 
 Male, a- qualification. (Ala. VIII 177; Ark. Amend. IX 
 ii Amend. \ III; Del. V 2; Fla. VI 1; Ga. II 1; 111. VII 1 
 Ind. II 2: La. 197; Me. II 1; Md. I 1, D.R. 7; Mich. Ill 1 
 Minn. VII 1; Miss. XII 241; Mo. VIII 2; Nebr. VII 1; N.J. 
 II I; N.M. VI! 1; \.V. II 1; X.C. VI 1; N.D. V 121; Ohio 
 V 1; Okla. Ill 1; Pa. VIII 1; R.I. Amend. VII 1; S.C. II 3; 
 S.D. VII 1; Term. IV 1; Tex. VI 2; Va. II 18; W.Va. IV 1; 
 
 Wis. Ill 1.) 
 Male, as qualification; not to apply to school district elections. 
 
 (Ky. 145, 155.) 
 Male, as qualification to vote for governor, lieutenant-governor, 
 
 - and representatives. (Mass. Amend. III.) 
 I. ■••.- affecting political rights and privileges of citizens to be 
 
 wit hunt distinction of sex. (Wyo. I 3.) 
 Male , in .) female citizens to enjoy equally political rights and 
 
 privileges, dial, IV 1 ; Wyo. VI Suffrage 1.) 
 Right to eote not to be denied or abridged on account of sex. 
 (Kan. V 8; Nev. Amend. 1914; Utah IV 1; Wash. VI 1; Wyo. 
 
 VI Suffrage 1.)
 
 Index Digest 653 
 
 ELECTIONS (Cont'd) 
 
 QUAUFICATIOMS AND DlSQl ALIFKATIO.N S OF ELECTORS (Cont'd) 
 
 Sex (Cont'd) 
 
 Right to vote not to be denied or abridged by state or any 
 political division or municipality on account of sex. (Ariz. 
 
 VII 3.) 
 Women, legislature may extend right of suffrage to; but law 
 must be approved by a majority of electors voting on referen- 
 dum. (Colo. VII 2.) 
 Women, legislature may extend right of suffrage to; but law 
 must be approved by majority of electors voting at general 
 
 election. (N.D. V 122.) 
 Women, legislature at first session to submit question of extend- 
 ing suffrage to; if majority vote to strike "male" from 
 suffrage article, no distinction thereafter between males and 
 females in exercise of right. (S.D. VII 2.) 
 Women may vote. (Ariz. VII 2; Cal. II 1; Ida. VI 2; Kan. 
 V 8; Mont. IX 2, Amend. 1914; New Amend. 1914; Ore. II 2; 
 Utah IV 1; Wash. VI 1; Wyo. VI Suffrage 1.) 
 Women may vote at school elections. (Ida. VI 2; Mont. IX 10; 
 
 N.D. V 128; Okla. Ill 3; S.D. VII 9; Wash. VI 2.) 
 Women may vote at school and library elections. (Minn. 
 
 VII 8.) 
 
 Women may vote at school elections; detailed provisions as to 
 
 suspending and restoring right in any district by majority 
 
 vote. (KM. VII 1.) 
 
 Women taxpayers, possessing other qualifications required of 
 
 men, qualified to vote on questions submitted to taxpayers of 
 
 state. (Mont. IX 12.) 
 When question submitted to vote of electors involving direct 
 expenditure of public money or issue of bonds, every woman 
 having qualifications of male electors who has property 
 assessed for taxes in any part of district or territory to be 
 affected by result of election shall be entitled to vote thereon. 
 
 (Mich. Ill 4.) 
 Slavery, See above, this subdivision, Previous Condition of Servi- 
 tude. 
 Sodomy, See above, this subdivision, Crime as Disqualification. 
 Soldiers and Sailors 
 
 Residence, See above, tliis subdivision, Residence. 
 
 During war, See beloic, this title, Durixg War. 
 
 Right of suffrage to be enjoyed by persons in military or naval 
 
 service of United States; but votes to apply to county and 
 
 township of which they were bona fide residents at time of 
 
 enlistment; payment of poll taxes or registration not to be 
 
 required. (Xev. II 3.) 
 Disqualified for electors. (Ind. II 3.) 
 Officers, soldiers or marines in regular army or navy of United 
 
 States not allowed to vote. (Mo. VIII 11.) 
 Soldiers, seamen or marines in army or navy of United States 
 not allowed right to vote. (Kan. V 3; Tex. VI 1.)
 
 State Constitutions 
 
 ELECTIONS I 
 
 ,,n. ITIONfi a.m. DlSQI Mm- HIONS OF Ki.ectors (Cont d) 
 Soldiers and Sailors [Cont'd) 
 
 liers, Beamen or marines in army or navy of United States 
 . - • ., to have right to voe. (Ore. II 5.) 
 \,. ... below, this subdivision, Veterans. 
 
 Taxes 
 
 Indians, > ■■, this subdivision, [NDlANS; 
 
 Payment as qualification for municipal elections, See above, this 
 
 subdivision, Fob Municipal Flections. 
 Poll taxes, See above, this subdivision, Poll Taxes. 
 Women taxpayers, See above, this subdivision, Sex. 
 Payment of all taxes given opportunity to pay, except for year 
 
 of election, required, f < !a. II 1.) 
 Payment on or before February 1st for two preceding years of 
 legal taxes given opportunity to pay, required; production to 
 election officers of evidence of payment. (Miss. XII 241.) 
 Payme'rit within two years of state or county tax, assessed at 
 least two months and paid one month before election, required 
 if 22 years old or over. (Pa. VIII 1.) 
 Per>"!i- who voluntarily pay -SI or such amount as together with 
 other taxes amounts to $1, for support of public schools, 
 entitled to vote if possessed of other qualifications specified. 
 
 (R.I. II 2.) 
 
 Payment during previous year on property in state assessed at 
 
 100 or more required, if not registered before January 1, 
 
 1898; proof of payment of taxes including poll tax, to be given 
 
 election officers, certificate of collecting officer to be conclusive. 
 
 (S.C. II 4.) 
 Theft, See above, H is subdivision, Larceny as Disqualification. 
 Tramps, Be< above, this subdivision, Crime as Disqualification. 
 Treason as Disqualification 
 
 8< above, tins subdivision, Crime as Disqualification. 
 
 I', bellion, See above, this subdivision. Rebellion as Disqualifi- 
 cation. 
 miction disfranchises. (Ala. VIII 182; W.Va. IV 1.) 
 Conviction within or without .state disfranchises. (Va. II 23.) 
 Conviction disfranchises, unless restored to civil rights. (Ariz. 
 VI] 2; Minn. VII 2; N.l). V 127; S.D. VII 8; Utah IV 6; Wis. 
 
 Ill 2.) 
 aviction Of treason against state disfranchises, unless par- 
 doned. (Ga. II 2.) 
 eiction in any place disfranchises, unless restored to civil 
 
 rights. (Ida. VI 3.) 
 Conviction disfranchises, unless restored to civil rights by execu- 
 tive pardon. (Ky. 145.) 
 miction nnder laws of state or United States disfranchises, 
 unless restored to civil rights. (Nebr. VII 2.) 
 
 any state or territory disfranchises, unless restored 
 civil i ights. (Nev. II 1.)
 
 Index Digest 655 
 
 ELECTIONS {Cont'd) 
 
 Qualifications and Disqualifications ok Electors (Cont'd) 
 
 Vagrants, See above, this subdivision, Crime as Disqualification. 
 Veterans 
 
 Persons who served in United States army or navy in war and 
 have been honorably discharged, not to be disqualified on 
 account of receiving aid frorrf any city or town or on account 
 of non-payment of poll tax. (Mass. Amend. \X.\1.) 
 Persons who served in army or navy of United States <>r of 
 Confederate states or any state in time of war; sons of such 
 persons; entitled to permanent registration in 1902 and 1903. 
 
 (Va. II 19.) 
 Rebellion, Sec above, this subdivision, Rebellion as Disqualifi- 
 cation. 
 Wife-beating, Sec above, this subdivision, Crime as Disqualifica- 
 tion. 
 During Rebellion, See below, this title, During War. 
 Recall, See Recall of Public Officers. 
 Records, Registration, See below, this title, Registration. 
 Referendum, See Initiative and Referendum. 
 Registration 
 Appeals 
 
 Hearing and determination any time prior to elections. (La. 
 
 213; Miss. XII 251.) 
 From decisions granting or refusing registration or striking or 
 refusing to strike names from list, to associate judge of 
 county or judge entitled to sit in supreme court. (Del. V 4.) 
 On denial, application for relief to district court; appeal to 
 supreme court; legislature to provide for same without cost; 
 preferences in courts. (La. 201.) 
 From denial to court of common pleas or any judge and thence 
 to supreme court; hearing on appeal to be de novo; legislature 
 to provide for such appeal. (S.C. II 5.) 
 From denial, legislature to provide for. (Va. II 25.) 
 Application 
 
 Oaths, See below, this stibdivisiofo, Oaths. 
 
 May be made on at least five days during registration period. 
 
 (Del. V 4.) 
 
 To state, on oath, residence, names by which known and names 
 
 of employers, if any, for preceding five years; person willfully 
 
 making false statement to be guilty of perjury and imprisoned 
 
 in penitentiary not less than one nor more than five years. 
 
 (Ala. Mil 1S8.) 
 To state name, age, date and place of birth, residence and occu- 
 pation at time and for two years preceding and who! her he 
 has voted and if so, state, county and precinct of voting; 
 must be written by applicant, in presence of registration 
 officers, without aid. unless physically disabled. (Va. II 20.) 
 By person offering educational qualification, in be on oath writ- 
 ten by applicant without assistance in English or in mother
 
 I .. 5TITUTI0NS 
 
 BU 
 
 i'd) 
 
 Application ' t'd) ... m _ 
 
 ' thr0U gh interpreter in presence of registration officer 
 
 deputy unless prevented by physical .Usability; to contain 
 lcts showing righl to register and vote; form prescribed. (La. 
 
 197 (3).) 
 
 person offering property qualification, to be on oath before 
 
 registration officer or deputy and to state that applicant is 
 
 ' 1/( „ of United States and of state, over 21, and 
 
 property in state assessed at not less than $300 and 
 
 ifpropert 3 personal, that taxes have been paid. (La. 197 (4).) 
 
 court, See above, this subdivision, Appeals. 
 
 Boards 
 
 also above, this title, Election Officers. 
 
 re than two members to belong to same party at time 
 of appointment. (N.M. VII 1.) 
 Laws Bhall secure equal representation of the two political par- 
 tie- casting highest and next highest number of votes at last 
 election; appointment or election to be in such manner and on 
 nomination of Buch representatives of parties as legislature 
 may direct; existing laws continued until legislature provides 
 otherwise; not applicable to town meetings or village elections. 
 
 (X.Y. II 6.) 
 
 Bribery, See above, this title, Bribert. 
 Certificates 
 
 Legislature to provide for issue and for renewal when lost, muti- 
 lated or destroyed if applicant still a qualified elector under 
 constitution or registered before January 1, 1898. (S.C. II 4.) 
 Of permanent registration, See beloiv, this subdivision, Perma- 
 nent Registration. 
 Production of general certificate required to obtain certificate 
 For municipal elections. (S.C. II 12.) 
 Completion, See below, this subdivision, Time. 
 Continuation of Laws 
 
 Existing June 4. 1897, continued until legislature otherwise pro- 
 vides. (Del. V 4.) 
 Existing June 1, 1S67, continued except so far as inconsistent 
 with constitution until legislature passes a new registration 
 
 law. (Md. I 5.) 
 Corrections 
 
 < II ll< d, S< e below, this subdivision, Illegal. 
 Maj be made any time before election. (Del. V 4; La. 213; 
 
 Miss. XII 251.) 
 . under law in force June 1, 1SG7, may be corrected as 
 
 provided. (Md. I 5.) 
 Denial 
 
 Appeals, 8e< above, this subdivision, Appeals. 
 
 jal t' facta required in application. (Ala. VIII 
 
 188.)
 
 IxM'ix Digest 057 
 
 ELECTIONS (Cont'd) 
 
 Registration ( Con I \l ) 
 
 Denial (Cont'd) 
 
 Application for relief to tli.st rict court; preference; legislature to 
 
 provide for samo without cost. (La. 201.) 
 Suitable remedies by appeal or otherwise to be provided by law 
 
 to secure elective franchise to those illegally or improperly 
 
 denied same. (Miss. XII 251.) 
 
 Effect 
 
 Conclusive evidence to judges of election of right to vote. (Md. 
 
 I 5.) 
 Conclusive evidence to election officers of right to vote, unless 
 disqualified for bribery at election. (Del. V 4.) 
 
 Fees 
 
 One dollar, payable at time of registration, for use of county. 
 
 (Del. V 4.) 
 
 Illegal 
 
 Citizen may apply to district court to strike off names illegally 
 on list; appeal to supreme court; preference in court; legisla- 
 ture to provide for such applications and appeals without cost. 
 
 (La. 201.) 
 Legislature to provide for correction of. (S.C. II 5; Va. II 25.) 
 Legislature to provide suitable remedies by appeal or otherwise 
 
 to correct. (Miss. XII 248.) 
 Legislature to provide for punishment of persons registering in 
 violation of constitution. (Wash. VI 1.) 
 
 Laws, See beloic, this subdivision, Requirement of. 
 Manner 
 
 Legislature to prescribe; not to apply to school district elections. 
 
 (Ky. 147, 155.) 
 Uniformity, See beloiv, this subdivision, Requirement of. 
 Minors 
 
 Persons who will at election time be qualified electors as to age 
 and residence may register. (La. 213; Miss. XII 251; S.C. II 
 
 11; Va. II 26.) 
 
 For Municipal Elections, See below, this subdivision, Requirement of. 
 
 Oaths 
 
 Electors to take oath prescribed in constitution. (Fla. VI 3.) 
 Electors to take oath prescribed in constitution; willful false 
 statement or answer to question referred to therein to be per- 
 jury. (Miss. XII 242.) 
 
 Offenses 
 
 Persons convicted of suborning witness or registrar to secure 
 registration of any person as elector to be disfranchised. 
 
 (Ala. VIII 182.) 
 Legislature to provide for prosecution of persons charged with. 
 
 (La. 201.)
 
 n C6NSTITUTI0NS 
 
 CTIONS 
 
 Permanent 
 
 j n [902 of electors otherwise qualified who served in United 
 
 g in War of 1812, War with Mexico, any Indian 
 
 war. Civil war. War with Spain or in forces of Confederate 
 
 Btates or Alabama in Civil war or who are descendants of 
 
 ms who served in United States forces in Revolutionary 
 
 war. War of 1812, War with Mexico, any Indian war or Civil 
 
 war. or in forces of Confederate states or Alabama in Civil 
 
 war. or wlio are persons of good character and understand 
 
 duties and obligations of citizenship under republican form of 
 
 pernment. Person registered not required to register again 
 
 unless he changes residence; detailed provisions as to lists of 
 
 Buch persons ami certificates of registration. (Ala, VIII 180, 
 
 187, 190.) 
 ler constitution of 1898 or amendment of 1912. (La. 197 
 
 (5.).) 
 Record of persons registered as entitled to vote without educa- 
 tional qualification. (N.C. VI 4.) 
 lit fore January 1, 1S9S, of male persons of voting age who can 
 read or explain any section of constitution; such persons to 
 remain for life qualified electors unless disqualified by other 
 provisions of constitution; detailed provisions as to record of 
 persons so registered; certificate of record to establish right 
 to subsequent registration. (S.C. II 4.) 
 General registration in 1902 and 1903 of persons qualified to 
 vote who served in war in army or navy of United States or 
 of Confederate states or any of the states, or their sons or 
 persons who own property on which state tax of $1 was paid 
 in preceding year or can read or explain any section of the 
 constitution; roll of persons so registered to be filed; appeal 
 from denial of such registration; persons so registered not 
 required to register again. (Va. II 19.) 
 Personal 
 
 l; "! 'I as qualification to vote. (Del. V 4; La'. 197 (2).) 
 
 i ired in cities and villages of 5,000 or more at last enumera- 
 tion; not required elsewhere at first meeting of registration 
 Place officers. (N.Y. 114.) 
 
 In county of residence. (Xev. II 6.) 
 |r 01 town of residence. (R.I. Amend. XI 11.) 
 
 Prohibited 
 
 ike right to vote depend on previous registration. 
 
 (Ark. Ill 2.) 
 to authorize or establish board or court of registration. 
 
 Qualifications . (W.Va. VI 43.) 
 
 8a abovt . this subdivision, Minors. 
 
 title, Quale [cations and Disqualifications op 
 
 Electors.
 
 Index Digest 059 
 
 ELECTIONS (Cont'd) 
 
 Registration (Cont'd) 
 Records 
 
 Questions of registration officers and answers of applicants to be 
 reduced to writing, certified by officers and preserved as part 
 of official records. (Ya. II 20.) 
 Requirement of 
 
 Due registration required to entitle persons to vote at state, 
 county, municipal, general, local or special elections; legis- 
 lature to enact, general laws for registration after January 1, 
 1903. (Ala. VIII 178, 184; 186, I'M).) 
 
 Legislature to enact laws. (Ariz. VII 12.) 
 
 Legislature to enact laws for uniform biennial registration. 
 
 (Del. V 3.) 
 
 Legislature to provide for uniform registration for general bien- 
 nial elections; registration not to be required for other elec- 
 tions unless legislature provides otherwise. (Del. V 4.) 
 
 Legislature at first session after ratification of constitution to 
 provide for registration and to exclude persons not duly 
 registered from voting. (Fla. VI 2.) 
 
 Legislature may provide for registration. (Ga. II 2.) 
 
 As qualification for voting. (Ida. VI 2.) 
 
 Legislature to provide for registration. (Ind. II 14.) 
 
 Legislature to enact registration laws for cities and towns of 
 5,000 or over; may enact for other places; not to apply to 
 school district elections. (Ky. 147, 155.) 
 
 Legal registration required to vote at election, primary, con- 
 vention or nominating assembly; legislature to enact general 
 registration law in 1S9S to provide for registration throughout 
 the state. (La. 197 (2), 200, 214.) 
 
 Legislature to provide for registration ; but not to be required for 
 town and village elections except by express provision of law. 
 
 (N.Y. II 4.) 
 
 Legislature to provide for uniform registration; no person to 
 vote at federal or state election or municipal election in Balti- 
 more unless registered; names of persons qualified to be 
 added to registry made under law in force June 1, 1S67. 
 
 (Md. I 5.) 
 
 Due registration under constitution and laws of state by an 
 authorized officer a necessary qualification to vote at any 
 election. (Miss. XII 241, 249.) 
 
 Legislature to enact registration laws for cities and counties 
 over 100,000; may enact for cities between 25,000 and 100,000. 
 
 (Mo. VIII 5.) 
 
 Legislature may enact registration law. (Mont. IX 9.) 
 
 Legislature to provide for registration; but not to be required 
 of soldiers and sailors. (Xev. II 3, 0.) 
 
 Legislature may enact registration laws. (X.M. VII 1.) 
 
 Legislature to provide for registration; but not to be required 
 for town and village elections except by express provision of 
 
 law. (X.Y. II 4.)
 
 g : Constitutions 
 
 ELECTIONS I 
 
 t'd) 
 Ki-quirement of (Cont'd) 
 
 enact general registration laws; legal registration 
 
 quired to vote. (N.C. \ I •'5.) 
 A- qualification to vote, Lf legislature provides for registration; 
 ride for registration throughout state or in any incor- 
 citj or town. (Okla. HI 6.) 
 »ture may enact registration laws uniform throughout 
 ate; but laws may apply to cities only if uniform for cities 
 of sarai class, i Pa. \ 1 11 1, 7.) 
 
 islature maj provide for " a registry of voters"; no person of 
 whom registration required by law to be permitted to vote 
 unless registered in town or city where he resides on or before 
 last daj of June preceding time of voting. (R.I. II 6, Amend. 
 
 XI 11.) 
 Legislature to provide for registration generally and for. elec- 
 tions in municipalities. (S.O. II 8, 12.) 
 Legislature maj enact registration laws for cities of 10,000 or 
 
 more. (Tex. VI 4.) 
 Citi/en- required to register for voting; legislature to enact 
 laws for annual registration of those not permanently regis- 
 ed in 1903 and for transfer of voters registered under con- 
 stitution. (Va. II 18, 25.) 
 Legislature to enact registration laws for cities and towns over 
 . may enact, for others; same system need not be used for 
 
 both classes. (Wash. VI 7.) 
 Legislature to enact registration laws. (W.Va. IV 12.) 
 Legislature may enact registration laws for incorporated cities 
 
 and villages. (Wis. Ill 1.) 
 Oul. registered electors to vote at general or special election 
 unless failure to register caused by sickness or absence; legis- 
 lature to enacl necessary laws, subject to amendment but not 
 repeal. (Wyp. VI Suffrage 12.) 
 Revision, fife* above, this subdivision, Corrections. 
 Right to Register 
 
 . ih is subdii ision, Minors. 
 this title, Qualifications and Disqualifications 
 
 of Electors. 
 Systems, Set above, this subdivision, Manner. 
 Time 
 
 r persi ' - becoming of age between registration and election, 
 ibdivision, Minors. 
 ' years and for electors not previously registered under 
 tin- constitution every year. (S.C. II 4.) 
 
 1 mmence aol e than 120 nor less than 60 days before 
 
 election; completion not more than 20 nor less than 10 days 
 before election. ( Del. V 4.) 
 ( "in pleti on at leas! 10 'lavs before election. (N.Y. II 4.) 
 plction 30 'lays before election. (S.C. II 11.)
 
 Index Digest 661 
 
 ELECTIONS (Cont'd) 
 
 Registration (Cont'd) 
 
 Time (Cont'd) 
 
 Not to be within 30 days before election. (La. 213.) 
 
 Not to be within four moid lis before election. (Miss. XII 251.) 
 
 On or before last day of June before election. (R.I. Amend. 
 
 XI 11.) 
 In Representative Bodies 
 
 Legislature, See Legislature. 
 
 To be viva voce. (Ark. Ill 12; La. 203; Mo. VII] 6; I'm. VIII 12; 
 
 7a. II 27.) 
 
 In legislature, county or municipal body, vote shall lie viva voce and 
 
 entered in journal. (YY.Va. VI 44.) 
 Of Representatives 
 
 In Congress, See Congress of United States. 
 In legislature, See Legislature. 
 Residence, See above, this title, Qualifications and Disqualifications 
 
 of Electors. 
 Restoration of Franchise, See above, this title, Qualifications axd 
 
 Disqualifications of Electors — Crime as Disqualification'. 
 Results 
 
 Canvass, See above, this title, Canvass of Votes. 
 Determination, See above, this title, Determination. 
 Disclosing, See above, this title, Election Officers — Oaths and 
 
 Affirmations. 
 Returns, See beloic, this title, Returns. 
 
 Of election of state officers to be voted for at general election, to be 
 declared by chief justice and associate justices of highest court or 
 
 majority. (.Nev. V 4.) 
 Of election of state officers, to be declared by state canvassing board. 
 
 (N.M. V 2. XX 7.) 
 Returns 
 
 Of absent electors' votes. See above, this title. Absent Electors. 
 Canvass, See above, this title, Canvass of Votes. 
 Of soldiers' and sailors' votes,\Sfee above, litis title, Absent Electors. 
 During war, See below, this title, During War. 
 To secretary of state in manner provided by law. (Miss. IV 114.) 
 For state officers voted for at general election to be sealed and trans- 
 mitted to secretary of state; to be opened by chief justice and 
 associate justices of highest court or majority meeting at office of 
 
 secretary of state. (Xev. V 4.) 
 For state officers to be sealed and transmitted to secretary of state. 
 
 (N.M. V 2.) 
 For state officers to be scaled and transmitted to speaker who imme- 
 diately after organization of house and before proceeding to other 
 business, opens and publishes in presence of majority of each house. 
 
 (Okla. VI 5.) 
 For civil officers to be commissioned by governor, except attorney- 
 general, state auditor, secretary of state, state treasurer, superin- 
 tendent of education, and commissioner of agriculture and in- 
 dustries and for members of legislature, to be made to secretary of 
 
 state. (Ala. VIII 193.)
 
 State Constitutions 
 
 ELECTIONS [ConV 
 
 . - elected b 3 people and to be commissioned by gover- 
 and for members of legislature, to secretary of state, unless 
 otherwise provided by law. iCa. II 6.) 
 p or civU officers to be commissioned by governor to secretary of 
 state unless otherwise provided in constitution. (La. 211.) 
 
 officers to be commissioned by governor and for members of legis- 
 lature to secretary of Btate, except as otherwise provided in con- 
 stitution. (Ark. XIX 10.) 
 p or clerks, registers of wills and other officers provided in constitu- 
 tion, except state's attorneys, to be made to governor by clerks 
 f circuit courts of counties and clerk of superior court of Balti- 
 more. (Md. IV 11.) 
 Of election of county and district officers, commissioners of county 
 court to judge, subject to regulation by appeal or otherwise as 
 provided by Law. (W.Va. VIII 24.) 
 In city wards, to secretary of state's office by alderman in same man- 
 ner as bj selectmen of towns. (Me. IV Pt. I 5.) 
 islature may regulate. (Md. Ill 49.) 
 Legislature may regulate by general law; not to apply to school 
 
 district elections. (Ky. 153, 155.) 
 I egislature to regulate. (Fla. N't 2; Nev. II 6; Va. IV 56; W.Va. 
 
 IV 11.) 
 Legislature to prescribe manner of returning votes in municipal elec- 
 tions. (Mass. Amend. II.) 
 Fraud, mistake, disagreement or failure to produce certificates, sum- 
 mary process to issue againsl election officers. (Del. V 6.) 
 Offenses touching returns of general, special or municipal elections, 
 legislature may define and punish; prosecution not subject to 
 certain constitutional provisions. (Del. V 0.) 
 I', rson convicted of making <»r offering to make false returns to pro- 
 cure election of any person to office, disfranchised. (Ala. VIII 
 
 182.) 
 Right oi v i i frage, See above, this title, Qualifications and Disquali- 
 fications of Electors. 
 oi Liquor, 8e< above, this title, Intoxicating Liquors. 
 Si cbbci 
 
 Ballot boxes, Set above, this title, Ballot Boxes. 
 
 Of ballots, Se< above, this title, Ballots. 
 
 In above, this title, Canvass of Votes. 
 
 -hall be open. (Colo. II 5; Mo. II 9; Mont. Ill 5; N.M. 
 
 IIS; S.C. I 10; Wyo. I 27.) 
 lions never to be held in secret. (S.C. II 1.) 
 Selling V< • above, this title, Offenses. 
 
 Bi Soldiers 
 
 this title, Absent Electors. 
 Qualifications, Set above, this title, Qi unifications and Disqualifi- 
 cations of Electors. 
 In •• below, this title, During War.
 
 Index Digest G63 
 
 ELECTIONS (Cont'd) 
 Special 
 
 See also throughout this title, 
 Law may provide for. (Utah I V !). | 
 State, See throughout this title. 
 Taxpayers' Elections, See State Debtj and See the subhead Debt 
 
 under the various classes of municipalities. 
 Testimony in Investigations, See above, this title, Investigations. 
 Tie Vote 
 
 Xew election to be ordered by governor except in cases specially pro- 
 vided in constitution if two or more have highest and equal number 
 
 of votes. (Md. XV 4.) 
 Legislature in joint convention to choose one of persons in tie. 
 
 (.Mich. XVI 4.) 
 For state officers elected at general election, legislature by joint 
 
 ballot to choose one of persons in tie. (Xev. V 4.) 
 For state officers, legislature by joint ballot to choose one of persons 
 
 in tie. (X.M. V 2.) 
 For state officers, legislature forthwith by joint ballot to choose one 
 of persons in tie. (Okla. VI 5.) 
 Time 
 
 Frequency, See above, this title, Frequency. 
 Legislature shall regulate. (Okla. Ill 4.) 
 
 On first Thursday in August for judicial and other civil officers. 
 
 (Tenn. VII 5.) 
 On first Monday in September for general elections. May be changed 
 
 by legislature. (Ark. Ill 8.) 
 On second Monday in September. (Me. II 4.) 
 
 On Tuesday after first Monday of November for general election of 
 representatives in Congress and state, county and precinct officers. 
 
 (Ariz. VII 11.) 
 
 On Tuesday after first Monday of Xovember for general election of 
 
 governor, lieutenant-governor, secretary, treasurer, comptroller and 
 
 members of legislature and such officers as may be prescribed. 
 
 (Conn. Amend. XXVII 1.) 
 On Tuesday after first Monday in Xovember. (Del. VI.) 
 On Tuesday after first Monday in Xovember for general elections of 
 
 state and county officers. (Fla. XVIII 9.) 
 All general elections to be held on Tuesday after first .Monday 
 in Xovember, except township elections to be held at time pre- 
 scribed by law and election of judges of courts of general or 
 appellate jurisdiction to be held at time prescribed by legislature 
 when no other officer shall be voted for. (Ind. II 14.) 
 On Tuesday after first Monday in Xovember for general election of 
 state, district, county and township officers. (Iowa II 7, XII 16.) 
 On Tuesday after first Monday in Xovember for general and town- 
 ship elections. (Kan. IV 2.) 
 All elections of state, county, city, town or district officers shall be 
 held on Tuesday after first Monday in November, but no 
 officer of any city, town or county, or of any subdivision thereof,
 
 Cd»STlTUTlbNS 
 
 ELECTIONS ' 
 in 
 
 f municipal legislative boards, shall be elected 
 
 . , iM which representatives in Congress are elected. 
 
 or state officers, including members of legislature, may be 
 
 | i„ B ame year in which members of Congress are elected. 
 
 KU ,.,,.,.,!,., between six o'clock a. mt. and seven o'clock i\ M., 
 
 , ut legislature may change. Provisions not to apply to school 
 
 district elections. (Ky. 148, 155.) 
 
 [ay after third Monday of April, for general state election 
 
 until otherwise provided by law. Parochial elections on same day 
 
 general elections, bul not oftener than every four years; 
 
 ial provisions for New Oilcans. (La. 206, 207.) 
 
 On Tuesday after firsl Monday of November in years in which they 
 
 i ur for general elections; legislature may regulate. (Md. XV 7, 
 
 III 49.) 
 
 on Tuesday after firsl Monday of November for general election. 
 
 (Minn. VII 9.) 
 State and county officers to be eleeted on Tuesday after first Monday 
 of November. State officers to be elected at same time as governor. 
 General elections to be held on first Tuesday after first Monday 
 of November. Legislature may change day and date to any day 
 and date in October, November or December. (Miss. IV 102, 
 
 V 143, XII 252.) 
 
 (in Tuesday after first Monday in November. Legislature may 
 
 change by a two-thirds vote of all members of each house. (Mo. 
 
 VIII 1.) 
 
 State, district, county, precinct and township officers elective by 
 
 people, excepl school district officers and municipal officers in 
 
 cities, villages and towns, to be elected at general election. Cen- 
 
 «i ;il election to be held on Tuesday after first Monday of November. 
 
 (Nebr. XVT 13.) 
 On Tuesday after first Monday in November for general election. 
 
 (Nev. XV 5.) 
 
 eral elections to be held on Tuesday after first Monday in 
 
 November, but legislature may regulate time. School elections 
 
 to be held a1 different times from other elections. '(N.M. VTI 1, 
 
 XX 6.) 
 
 On Tuesday afteT lir>t Monday in November for city officers and 
 
 county officers in New York and Kings counties and in counties 
 
 ciininoiis with cities, except to fill vacancies (provision not 
 
 applicable to citj of third (lass or to election of judicial officers, 
 
 ept judges of interior local courts). To be prescribed by law 
 
 for officers named in arti.de X. (N.Y. XII 3, X 4.) 
 
 On Tuesday after firsl Monday in November for general election. 
 
 (N.D. V 124.) 
 
 For .nd county officers on Tuesday after first Monday in 
 
 mber in even numbered years; for all other elective officers, 
 
 on I daj after first Monday in November in odd numbered 
 
 •-hip officers to be elected at lime prescribed by law. 
 
 (Ohio X 2, 4, XVII 1.)
 
 Index Digest 065 
 
 ELECTIONS (Cont'd) 
 Time (Cont'd) 
 
 Kegular general biennial election on Tuesday after first Monday 
 of November. Laws relating to first Monday in June to be con- 
 strued to apply to Tuesday after first Monday in November. 
 
 (Ore. TI 14.) 
 General election on Tuesday after first Monday of November. Legis- 
 lature may change by vote of two-thirds of all members of each 
 house provided that election shall always be held in even numbered 
 years. On Tuesday after first Monday in November, municipal 
 election day, for judges of judicial districts and for county, city, 
 ward, borough and township officers. County officers elected at 
 municipal elections. State officers to be elected on general elec- 
 tion day and local officers on municipal election day unless to 
 fill unexpired term. (Pa. VIII 2, 3, XII 1, XIV 2.) 
 On Tuesday after first Monday in November for general elections, 
 except municipal and school officers shall be elected at time 
 provided by constitution; as prescribed by law for municipal 
 
 officers. (Utah IV 9.) 
 On Tuesday after first Monday in November for county and district 
 officers. On Tuesday after first Monday in November for elective 
 officers of cities, except mayors ; legislature may change, except 
 that election of mayor not to occur at same time as election of 
 other elective officers provided by constitution. (Va. VII 112, 
 
 VIII 122.) 
 On Tuesday after first Monday in November for state, county and 
 
 district officers. (Wash. VI 8.) 
 On Tuesday after first Monday in November for general elections of 
 state and county officers and members of legislature until other- 
 wise provided by law. (VV.Va. IV 7.) 
 On Tuesday after first Monday in November for general election. 
 
 (Wis. XIII 1.) 
 During war. See below, this title, During War. 
 Time to Vote, See above, this title, Employees' Votes. 
 Township Elections 
 
 See throughout this title. 
 Of a particular officer. See Townships. 
 Bonding elections, See Townships — Debt. 
 Undue Influence, See above, this title, Freedom of. 
 United States Senators, Advisory Votes, See above, this title, Advisory 
 
 Votes. 
 Village Elections 
 
 See throughout this title. 
 Of a particular officer, See Villages. 
 Bonding elections, See Villages — Debt. 
 Voters, See above, this title, Electors. 
 Voting Machines 
 
 See also above, this title, Mechanical Devices. 
 
 On purchase by county, city, city and county or town, payment may 
 be provided for by issue of bonds, certificates of indebtedness or 
 other obligations; obligations to be a charge on municipality;
 
 St \ti: Constitutions 
 
 ELECTIONS 
 
 \ oting M *.( HINES I Cont'd) 
 
 .l.], .,t time not exceeding 10 years from date; not to be 
 jued or sold at less than par. (Colo. VII 8.) 
 authorized under regulations prescribed by constitution; pro- 
 dded secrecy of voting be preserved. (Conn. Amend. XXXIII.) 
 I , not prohibited but secrecy of voting to be preserved. (Utah 
 
 IV 8.) 
 
 may be authorized by the legislature throughout state or in any 
 
 county, city or town, provided secrecy of voting be not impaired. 
 
 (Va. II 37.) 
 Voting, Manner of, See above this title, Manner of Voting. 
 Wagers, See above, this title, Bets. 
 During War 
 
 Military duty, See above, this title. Privileges of Electors. 
 
 tors in actual military service of state or of United States or 
 in army or navy not to be deprived of vote, by absence from town- 
 ship, ward or state in war, insurrection or rebellion; legislature to 
 provide manner, time and place for voting and for canvass and 
 
 returns of votes. (Mich. VII 1.) 
 
 Electors in actual military service of state or of United States in 
 
 army or navy not to be deprived of votes by absence from election 
 
 district ; manner, time, place, returns and canvass of their votes. 
 
 (n.j. ni.) 
 
 Legislature may provide for manner, time and place of voting by 
 absent electors in actual military service and for returns and 
 canvass of their votes in election districts of residence. (N.Y. II 1.) 
 Electors absent from state in actual military service of United 
 ites shall have a right to vote for presidential electors, repre- 
 sentatives in ('.ingress and general officers of state; provisions as 
 tn manner of voting and counting such votes. (R.I. Amend. IV.) 
 liers may vote at post of duty in or out of state under regulations 
 to be prescribed by law. (S.I). VI 19; Utah I 17.) 
 
 ELECTRIC COMPANIES 
 
 [elegrapb Companies", "Telephone Companies", " Trans- 
 bioh Companies", "Public Service Corporations" and "Cor- 
 porations ". 
 to be common carriers, and subject to control by law. (Ariz. 
 
 XV 10.) 
 
 to be passed by legislature granting right to construct and 
 
 '!' electric plant, without first obtaining consent of local author- 
 
 i control of streets or public places proposed to be occupied for 
 
 ich or like purposed. (S.C. VIII S.) 
 
 I of local authorities in cities, towns and municipalities, See 
 "" l "'''""<' Publii Utilities" under tin specific title. 
 on 
 
 m. Kinds of Taxation — Corporations. 
 Objects am. Kinds of Taxation — Public Utili- 
 ties. 
 I \ x atio.v — Local Taxes — Authority.
 
 Index Digest 667 
 
 ELEVATORS 
 
 See Public Property — Elevators. 
 See Warehouses. 
 
 EMIGRATION 
 
 From state not to be prohibited. (Ala. I 30; Ind. I 36; Ky. 24; Pa. I 
 
 25; Vt. I 19.) 
 No law to be passed prohibiting emigration from state. (Ore. I 30.) 
 
 EMINENT DOMAIN 
 Declaration of 
 
 State's ancient right of, is fully and expressly conceded. (Ark. TI 
 
 23.) 
 Private property shall ever be held inviolate, but subservient to the 
 
 public welfare. (Ohio I 19.) 
 Private property ought to be subservient to public uses when neces- 
 sity requires it. (Vt. I 2.) 
 The people of the state, in their right of sovereignty, are declared to 
 possess the ultimate property, in and to all lands within the juris- 
 diction of the state. (N.Y. I 10; S.C. XIV 3; Wis. IX 3.) 
 Eight of eminent domain declared to exist in state to all frontages 
 on navigable waters of state. .(Cal. XV 1.) 
 Service 
 
 Compelling service for public purposes without just compensation 
 
 prohibited. (Tenn. I 21.) 
 Compelling service for public purposes without just compensation 
 first assessed and tendered prohibited. (Ind. I 21; Ore. I 18.) 
 Property and Franchises of Corporations 
 
 Legislature may take and subject to public use same as property of 
 individuals. (Ala. I 23; Ariz. XTV 9; Ark. XVII 9; Cal. XII 8; 
 Colo. XV 8; Ga. IV Sec. II 2; Ida. XI 8; Ky. 195; Miss. VII 190; 
 Mont. XV 9; Nebr. XI 6; N.M. XI 18; N.D. VII 134; Pa. XVI 3; 
 S.D. XVII 4; Utah XII 11; Va. XII 159; Wash. XII 10; Wyo. X 
 
 4, 9.) 
 
 Legislature may take, of corporations already organized, and subject 
 
 to public use same as property of individuals. (111. XI 14; Mo. 
 
 XII 4; W.Va. XI 12.) 
 Purpose, Public Character of 
 
 Public character of purpose a judicial question. (Ariz. II 17; Colo. 
 II 15; Miss. Ill 17; Mo. II 20; Okla. II 24; Wash. I 16.) 
 Special Public Purpose 
 
 Right of way, See throughout this title. 
 
 Regents of university to have power to take private property for use 
 
 of university. (Mich. XIII 4.) 
 Telephone and telegraph companies may exercise power. (Wash. 
 
 XII 19.) 
 Governing authority in town of over 5,000 inhabitants shall have the 
 right to appropriate wharves and buildings of riparian proprietors 
 on the banks of navigable rivers for public purposes, on payment 
 of cost of construction less depreciation, in no case more than 
 actual market value of property. (La. 290.)
 
 : Constitutions 
 
 I MINENT DOMAIN [Cont'd) 
 
 l'i in i. Pi bpose [Cont'd) 
 
 demnation of right of way for Bea walls, breakwaters or sanitary 
 purposes buill bj certain counties and cities to be provided for. 
 
 (Tex. XI 7.) 
 U ,,, have rignl to appropriate private property within 
 their districts, to construct, maintain and repair levees; compen- 
 sation to I" 1 and paid in accordance with certain acts of 
 
 the legislature. (Miss. XI 233.) 
 Legislature to provide by Law for exercise of, by incorporated cities, 
 towns and tillages to acquire from prior appropriators upon pay- 
 ment of jusl compensation, enough water for their well-being and 
 
 for domestic uses. (Wyo. XIII 5.) 
 , v use of lands for construction of reservoirs or storage 
 basins for irrigation; rights of way for construction of canals, 
 ditches, flumes or pipes to convey water to place of use for any 
 useful purpose; drainage, or for drainage of mines or necessary 
 mean- for complete development of mines; any other use necessary 
 t.> complete development of material resources of state or the 
 health of its inhabitants are public uses, and subject to the regu- 
 lation and control of the state. (Ida. I 14.) 
 
 iit of waj over lands of others for ditches, drains, flumes, canals 
 and aqueducts necessary for use in connection with appropriated 
 waters and sites for reservoirs, a public use. (Mont. Ill 15.) 
 
 Pan \ ii Pi rpose 
 
 Private property not to be taken for private purposes {for excep- 
 tions, 8e^ entries immediately following). (Ala. I 23; Ariz. II 17; 
 Colo. II l»; Mo. II 20; Okla. II 23; S.C. I 17; Wash. I 16; 
 
 Wyo. I 33.) 
 General laws may lie passed permitting owners or occupants of agri- 
 cultural lands to construct and maintain for drainage thereof, 
 drains, ditches and dykes upon lands of others under proper 
 restrictions and just compensation, but no special laws to be 
 enacted for tliis purpose. (N.Y. I 7.) 
 Drains and ditches across the lands of others for agricultural or 
 
 sanitary purposes. (Mo. II 20.) 
 Drains or ditches across lands of others for agricultural, mining or 
 
 sanitary purposes. (Okla. II 23.) 
 
 Drains, flumes, ditches on or across lands of others for agricultural, 
 
 domestic or Banitarj purposes. (Wash. I 16.) 
 
 islature may pa^ laws permitting owners of land to construct 
 
 '-■ ditches and levees for agricultural, sanitary and mining 
 
 purposes across lands of others, (in. iv 31; Iowa I 18.) 
 
 iic to provide by law for condemnation of real estate needed 
 ioi construction and maintenance of drains, ditches and levees for 
 ■ and drainage districts and prescribe method of con- 
 demnation. (Iowa I 18.) 
 11 -• drains, flumes or ditches for agricultural, mining, milling, 
 itarj or domestic purposes. (Colo. II 14.)
 
 Index Digest G69 
 
 EMINENT DOMAIN (Cont'd) 
 Private Purpose (Cont'd) 
 
 Drains, flumes and ditches on or across lands of others for mining, 
 agricultural, domestic or sanitary purposes. (Ariz. II 17.) 
 
 Reservoirs, drains, Humes or ditches on or across lands of others for 
 agricultural, mining, milling, domestic or sanitary purposes. 
 
 (Wyo. 1 32.) 
 
 All persons and corporations to have right of way across public, 
 private and corporate lands for ditches, canals and flumes to con- 
 vey water for domestic, mining and manufacturing purposes, irri- 
 gation or drainage. (Colo. XVI 7.) 
 
 Legislature may provide for drainage of the land of one person over 
 or through that of another, upon just compensation to the owner 
 of the land over which such drainage is had. (Fla. XVI 28.) 
 
 Steamship companies shall have power to acquire land on which to 
 erect a plant to build and repair vessels. (La. 230.) 
 
 Private ways may be granted in case of necessity. (Ga. I 3.) 
 
 Private property may be taken for ways of necessity. (Ariz. II 17; 
 Colo. II 14; Mo. II 21; Okla. II 23; Wash. I 16; Wyo. I 32.) 
 
 Private roads may be opened. (Mich. XIII 3; Mont. Ill 15; N.Y. 
 
 I 7.) 
 
 Legislature may provide for establishing and opening roads and 
 cartways, connected with a public road, for public and private use. 
 
 (111. IV 30.) 
 
 Legislature may provide for condemning rights of way for private 
 roads, but such rights of way shall not be provided for in incorpo- 
 rated cities and towns. (Miss. IV 110.) 
 
 For provisions relating to private ways or ways of necessity, See 
 
 throughout this title. 
 Legislation Necessary 
 
 Property not to be taken without authority of law. (Pa. I 10.) 
 
 Property not to be taken without consent of owner's representatives. 
 
 (Del. I 8; Ky. B.R. 13; Tenn. I 21.) 
 Property not to be taken without the consent of the representative 
 
 body 'of the people. (N.H. Pt. I 12; Vt. I 9; Va. I 6.) 
 
 The right of eminent domain not to be conferred by local, private or 
 
 special law. (Miss. IV 90.) 
 Necessity for Taking 
 
 Private property not to be taken for public uses unless public exi- 
 gency requires it. (Me. I 21.) 
 
 Necessity for using property to be determined before private prop- 
 erty taken by public or by corporation for public use, by jury or 
 not less than three commissioners appointed by court of record; 
 not to apply to commissioners of highways or road commissioners 
 in official discharge of duties. (Mich. XIII 2.) 
 
 Private property not to be taken against owners' will by municipal 
 corporation without necessity being first established by verdict of 
 
 jury. (Wis. XI 2.) 
 
 Necessity for private road to be determined by jury before opening 
 private road. (Mont. Ill 15; N.Y. I 7.) 
 
 Necessity for private road to be determined by jury of six or by not 
 less than three commissioners before opening. (Mich. XIII 3.)
 
 Stati Consti tutions 
 
 :NENT DOMAIN [Cont 1 
 
 \\ II W COMF1 KSAT1 D FOB 
 
 ,„,,,,, ifis.CoMLl 11; Fla. D.R. 12; Jv M } TuLI 
 
 -. Ky< i:; ; ,,, „;,;;M,. 121;Md. 11140^1ass.Pt. 
 , loj Mich. Unii N.v. I Bj NV. I 0; N.D. I 14; Oh,, I 19; 
 ; ,,,. , L6; B.C. 1 17: Utah I 22; Vt. I 2; Wis. I 13.) 
 bu1 i an d ma 3 be taken for public highways until legislature 
 
 direct compensation. (N.J. I 16.) 
 Tak Lp plying to public use. (Ala. I 23; Del. I 8; Pa. I 10; 
 
 Term. I 21.) 
 
 Taking lg ing. (Ariz. 11 17; Ark. II 22; Cal. I 14; Gal 
 
 HI i- in 11 13; La. 167; Minn. I 13; Miss. Ill 17; Mo. II 
 
 21- Hon! HI 14 j Nebr. I 21; N.M. 11 20; Okla. II 24; S.D. VI 
 
 res 1 17: Utah 1 22; Va. IV 58; Wash. I 10; W.Va. Ill 9; 
 
 Wyo. I 33.) 
 Taking for right of way of corporation. (Kan. XII 4; Minn. X 4; 
 
 Nev. \ 111 7; ohm Mil 5; S.C. IX 20.) 
 Taking for right of way of corporation, other than munieipal. (Ariz. 
 
 II ; : ( ;,1. [14; N.D. I H; Wash. I 10.) 
 Taking for righl of way for persons or corporations. (Ala. I 23; 
 
 Colo. XVI 7.) 
 
 1'akmg or damaging property for right of way for a corporation. 
 
 (Minn. X 4.) 
 Taking, injury or destruction by a corporation, or individual for 
 ttstruction or enlargement of works, highways or improvements. 
 (Ala. XII 235; Pa. Ml 8; S.D. XVII 18.) 
 
 AsSl SSMENT OF ' OMPENSATMN 
 
 Benefits 
 
 ,\,,i to be considered in fixing compensation. (Iowa I 18; 
 
 Ohio I 19; S.D. VI 13.) 
 From any improvement proposed by corporation taking for right 
 of way. not to he considered in fixing compensation. (Kan. 
 Ml 1; Ohio XIII 5; S.C. IX 20.) 
 
 in any improvement proposed by corporation or individual 
 taking, not to be considered in fixing compensation. (Ark. 
 
 XII 9; Fla. XVI 29.) 
 
 Prom any improvement proposed by corporation other than 
 
 municipal taking for righl of way, not to be considered in 
 
 fixing compensation. (Ariz. II 17; Cal. I 14; N.D. I 14; 
 
 Wash. I 16.) 
 Jury or Commissioners 
 
 Jury or not less than three commissioners appointed by court of 
 
 to apply to action of commissioners of highways 
 
 or road commissioners in official discharge of duty. (Mich. 
 
 " XIII 2.) 
 Jurj of -i\ freeholders or not less than three commissioners in 
 
 e of pi ivate roads. I Mich. XIII 3.) 
 When |iii.|nit\ not taken by state, made hy jury, by supreme 
 court with or without a jury, but not with a referee, or by 
 ■ than three commissioners appointed by a court of 
 record, as -hall be prescribed by law. (N.Y. I 7.)
 
 Index Digest 071 
 
 EMINENT DOMAIN (Cont'd) 
 
 Assessment of Compensation (Cont'd) 
 Jury or Commissioners [Cont'd) 
 
 By jury or board of three commissioners appointed hy the court 
 
 of record. (N.J. I 7.) 
 Board of not less than three freeholders not appointed by any 
 judge without reasonable notice having been served upon the 
 parties in interest; commissioners selected from regular jury 
 list; aggrieved party to have right of appeal without bond 
 and trial by jury; assessment in manner prescribed by law. 
 
 (Okla. II 24.) 
 By jury or board of not less than three freeholders. ( Mo. IT 
 
 21.) 
 
 By jury when requested by owner, or board of not less than three 
 
 freeholders. (Colo. II 15.) 
 Jury 
 
 To be assessed by jury. (Md. Ill 40; Ohio I 11); S.D. VI 13.) 
 
 To be assessed by jury when not made by state. (111. II 13.) 
 
 To be assessed by jury unless jury waived. (Ariz. II 17; Cal. 
 I 14; X.D. I 14; Wash. I 16.) 
 
 Either party may insist upon jury. (W.Va. Ill 9.) 
 
 Where private property taken for use of corporation or indi- 
 vidual, by jury in court of competent jurisdiction. (Ark. XII 
 
 9; Fla. XVI 29.) 
 
 By jury when incorporated company interested either for or 
 against exercise of rights. (111. XI 14; Mo. XII 4.) 
 
 As agreed upon or awarded by a jury, except in Baltimore if 
 property is desired by state or city,, legislature to provide thai 
 a court of record may appoint appraisers. (Md. Ill 40, 40a.) 
 
 To be assessed by jury in court of record when rights of way to 
 be taken by corporation. (Ohio XIII 5; S.C. IX 20.) 
 
 Assessed by jury for private roads. (Mont. Ill 15.) 
 Railroad Commission 
 
 Railroad commission to have such jurisdiction as legislature con- 
 fers on it to fix compensation to be paid for public utility 
 property taken by state, county, city and county, incorporated 
 city or town or municipal water district and legislature au- 
 thorized to grant plenary powers to railroad commission 
 "unlimited by any provision of this constitution''; previous 
 legislation in accordance with this provision confirmed. (Cal. 
 
 \II 2:ia.) 
 
 Appeal 
 
 Legislature not to deny where property taken by municipal or 
 other corporation, or individual, from preliminary assessment; 
 damages on appeal to be fixed by jury. (Ky. 242; Pa. XVI S; 
 
 S.I). XVII IS.) 
 Legislature not to deny right where property taken by corpora- 
 tion or individual; damages on appeal to be fixed by jury; 
 entry pending appeal allowed on giving bond for double 
 amount of assessment. (Ala. XII 235.)
 
 g i i ( loNSTlTtmONS 
 
 EMINENT DOMAIN [Confd) 
 I OMPENS i HOK 
 
 r public and private purposes in general where private pur- 
 mentioned. (Ala. I 23; Ariz. II 17; Ark. II 22; Cal. I 14; 
 [o. 1 15; (huh. I 11; Fla. D.R. 12; Ida. I 14; 111. II 13; Ind. 
 1 21; [own 1 18; Ky. 13; Me. I 21; Aid. II 40; Mich. XIII 1; 
 Minn. I 13; Mo. I 21 : Mont. Ill 14; Xebr. I 21; Xev. I S; X.J. I 
 16; X.M. II 20; NVY. 1 6; X.U. I 14; Okla. II 24; Ore. I 18; Pa. 
 I W; K.l. 1 16; S.C. I 17; S.D. VI 13; Term. I 21; Utah I 22; 
 Va. IV 58; Wash. I 16; W.Va. HI 9; Wis. I 13; Wyo. I 33.) 
 I and adequate where object is a public use. (Cia. I Sec. Ill 1; 
 
 La. 107.) 
 Adequate, where object is a public use. (Tex. I 17.) 
 Equivalent where object is a public use. (Vt. I 2.) 
 
 liable where object is a public use. (Mass. Pt. I 10.) 
 Due, for private use. (Wyo. I 33.) 
 Just, for drainage. (Fla. XVI 28.) 
 
 Just, for a right of way. (Ala. I 23; Colo. XVI 7; Ga. I Sec. Ill 1.) 
 Full, for a right of way. (Ariz. II 17; Cal. I 14; Kan. XII 4; 
 
 Xev. VIII 7; N.D. I 14; Ohio XIII 5; S.C. IX 20; Wash. I 16.) 
 Fair and equitable for right of way. (Minn. X 4.) 
 Jusl i'"i' private road. (Ga. I Sec. Ill 1.) 
 All damages, for private road. (Mont. Ill 15; X.Y. I 7.) 
 Due. for a private mad. (Miss. IV 110.) 
 Time oi Paying Compensation 
 
 Mad, before taking. (Ala. I 23; Ky. 13; La. 166; S.C. I 17; S.D. 
 
 VI 13.) 
 Made before taking or damaging. (Ga. I Sec. Ill 1; La. 167; Miss. 
 
 Ill 17.) 
 
 Made before taking or disturbing. (Okla. II 24.) 
 
 Until compensation paid into court for owner, property not to be 
 
 disturbed or proprietary rights of owner divested. When possession 
 
 taken i if property condemned for public use, owner entitled to 
 
 immediate receipt of compensation awarded. (Okla. II 24.) 
 
 Made or tendered before taking, or in Baltimore made or paid in 
 
 curl, where Mate or city is plaintiff. (Md. Ill 40.) 
 Made or paid into court before taking. (Ariz. Il' 17; Ida. I 14; 
 
 N.D. I 14.) 
 Made or paid into court before taking or damaging. (Cal. I 14; 
 Mo. 1121; Muni. Ill 14; Wash. I 16.) 
 
 Made or paid into court before taking or needlessly disturbing. 
 
 (Colo. II 15.) 
 Made or secured before taking. (Iowa I 18; Mich. XIII 1 ; Pa. I 
 
 10.) 
 Made or secured before taking, except in cases of war, riot, fire or 
 
 great public peril. (Xev. I 8.) 
 sic,] before taking, except public exigencies require imme- 
 irc. or taking is made for repairing roads open to public 
 
 without charge. (Ohio I 19.) 
 Made or Becured before taking or damaging. (Minn. I 13.)
 
 I.\!»i:\ DltlKST 673 
 
 EMINENT DOMAIN (Cont'd) 
 
 Time of Paying Compensation (Cont'd) 
 
 Assessed and tendered before taking, except in case of taking by 
 
 state. (Ind. I 21; Ore. I 18.) 
 Made or secured by deposit of money before taking, except by the 
 
 State. (Tex. 117.) 
 Made before taking by corporation or individual. (N.J. IV Sec. 
 
 VII 8.) 
 Made before taking, injury or destruction, when taken by a corpo- 
 ration or individual. (Ala. XII 235; Pa. XVI 8; S.D. XVII 18.) 
 Made or secured by deposit of money before taking to use of any 
 
 corporation or individual. (Fla. XVI 29.) 
 Made or secured before taking by corporation. (Ore. XI 4.) 
 Made in money or secured by deposit in money before taking by cor- 
 poration. (Ark. XII 9.) 
 Made or secured before taking by company incorporated for internal 
 
 improvement. (YY.Va. Ill 9.) 
 Made or paid into court before taking for right of way by corpora- 
 tion other than municipal. (Ariz. II 17; Cal. I 14; X.l). I 14; 
 
 Wash. I 16.) 
 Made before taking right of way for corporation or individual. ( Ala. 
 
 I 23.) 
 Made in money or paid into court before right of way for corpora- 
 tion other than municipal may be taken. (Ariz. II 17; Cal. 1 14; 
 
 N.D. I 14; Wash. I 16.) 
 Made or secured before right of way for corporation may be taken. 
 
 (Xev. VII 7.) 
 
 Made in money or secured by deposit in money before right of way 
 
 for any corporation may be taken. (Kan. XII 4; Ohio XIII 5; 
 
 S.C. IX 20.) 
 Made or secured before taking of right of way by corporation. (Kan. 
 
 XII 2; Xev. VIII 7; Ohio XIII 5; S.C. IX 20.) 
 Made before taking in case of private roads. (Miss. IV 110.) 
 Made before taking in case of private ways of necessity. (Ga. I 
 
 Sec. Ill 1.) 
 Made together with expense of proceedings before opening private 
 road. (Mich. XIII 3; Mont. Ill 15; X.Y. I 7.) 
 Character of Payment of Compensation 
 Money. (Ohio I 19; Tex. I 17; Vt, I 2.) 
 Money, before taking by corporation. (Ark. XII 9.) 
 Money or deposit in money when right of way taken by any cor- 
 poration. (Kan. XII 4; Ohio XIII 5; S.C. IX 20.) 
 Money, when right of way taken by corporation other than munici- 
 pal. (Ariz. II 17; Cal. I 14; N.D. I 14; Wash. I 16.) 
 Fee of Right of Way 
 
 Fee of land taken for railroad tracks without consent of owner to 
 remain in such owner subject to use for which taken. (111. II 13: 
 
 Mo. II 21.) 
 Fee of land taken for railroad tracks or other highways to remain 
 in owners, subject to use for which taken. (S.D. VI 13.) 
 
 2'2
 
 - u'k Constitutions 
 
 , \ . DOMAIN [Conf 
 
 Where taken by common carrier without consent of owner, fee to 
 in him subject onlj to use for which taken. (Okla. II 24.) 
 HT OF ] » I ">:!-"K\no.\-s 
 
 oration to be created with power to exercise except by special 
 
 the legislature upon a petition for the same whose pendency 
 
 tified as may be required by law. (R.I. Amend. IX.) 
 
 rporation organized under laws of any other state, or 
 
 - ites, shall have the right to exercise eminent domain 
 
 until incorporated in accordance with and pursuant to laws of 
 
 this state. (Ky. 211; Nebr. XI S.) 
 railn.ad. oil pipe line, telephone, telegraph, express or car cor- 
 poration organized under laws of any other state, or of United 
 •-tat--, and doing business, or proposing to do business in state, to 
 e «iii it led to benefit of right of eminent domain in state until it 
 Bhall have become body corporate pursuant to or in accordance 
 with Laws of state. (Okla. IX 31.) 
 ■ in \:.\ \ 
 islature maj authorize cities to take in addition to land needed 
 for actual construction in laying out, widening, extending or re- 
 locating [.arks, public places, highways and streets, enough to 
 make abutting building lots. Land not used for improvement may 
 
 be sold or leased. (X.Y. I 7.) 
 Municipality acquiring property for public use, may acquire an 
 over need for the improvement and may sell it "with 
 rtrictions, appropriate to preserve improvement". Bonds may be 
 issued to pay for excess, bonds to be a lien against the property 
 acquired for improvement and excess and shall not be a liability of 
 municipality or included in legal limitation of debt of munici- 
 pality. (Ohio XVIII 10.) 
 Legislature may by special acts for the purpose of laying out, 
 widening or relocating highways or streets, authorize taking of 
 more land than necessary for actual construction, by the state or a 
 tity. city or town, provided that such land and property are 
 specified in the act and are no more than enough , for building lots 
 on both sides of street or highway; and may authorize the sale 
 of property remaining after enough for streets has been taken, for 
 value with or without suitable restrictions. (Mass. Amend. 39.) 
 te or any of its cities may acquire by gift, purchase or condemna- 
 tion land- for establishing, laying out, widening, enlarging, ex- 
 lending, and maintaining memorial grounds, streets, squares, 
 .-. boulevards, parks, playgrounds, sites for public build- 
 ings, and reservations in and about and along and leading to any 
 or all of same; and after establishment, layout and completion of 
 mprovements, may convey any such real estate thus acquired 
 and not necessarj for Buch improvements, with reservations con- 
 rning future use and occupation of such real estate, so as to 
 such public works and improvements, and their environs, 
 to preserve the view, appearance, light, air, and usefulness of 
 b jail. In- works. (Wis. XI 3a.)
 
 Index Digest 675 
 
 EMPLOYER'S LIABILITY, See Labor. 
 
 ENGINEER, STATE, See State Engineer. 
 
 ENTAIL, See Property — Primogeniture and Entail. 
 
 EQUALIZATION, STATE BOARD OF 
 
 Composed of governor, auditor, treasurer, secretary of state and attorney- 
 general. (Colo. X 15; Ida. VII 12; Mo. X 18; Mont. XII 15; Utah 
 
 XIII 11.) 
 
 Same; adds state examiner and inspector, and president of board of 
 
 agriculture. (Okla. X 21.) 
 
 Composed of auditor, treasurer and secretary of state. (Wyo. XV 9.) 
 
 Composed of one member from each congressional district as existing in 
 1879, elected by qualified electors of districts at general election in 
 1886 and at each gubernatorial election thereafter. Term of office, 
 four years. Comptroller ex officio member. Legislature may redis- 
 trict state into four districts as nearly equal in population as prac- 
 ticable and provide for election of members of board. (Cal. XIII 9.) 
 
 In 1911, every fifth year thereafter, and at such other times as legislature 
 may direct, legislature to provide by law for state board. (Mich. X 8.) 
 
 Member during term of office not to accept, hold or use free pass nor 
 purchase, receive or accept transportation over railroad within state 
 for himself or family on terms not open to general public, and on 
 conviction to forfeit office, be guilty of felony, and punished by fine of 
 not more than $1,000 or by imprisonment in penitentiary not less than 
 one nor more than five years. (N.M. XX 14.) 
 
 No railroad or other transportation company to grant free passes or 
 
 tickets, or passes or tickets at discount to member, and acceptance of 
 
 such pass or ticket by such officer to be forfeiture of office. (Mo. 
 
 XII 24.) 
 ESCHEATS 
 
 Estates of suicides, See Suicides. 
 
 Part of school fund, See Education. 
 
 Holding real estate by corporation longer than five years, except such as 
 necessary and proper for business, forbidden under penalty of escheat. 
 
 (Ky. 192.) 
 
 All lands the title to which shall fail from a defect of heirs, to revert or 
 escheat to the people. (N.Y. I 10; S.C. XIV 3; Wis. IX 3.) 
 
 State board of, composed of secretary of state, treasurer and commis- 
 sioner of state land office; if latter office abolished another state officer 
 to be designated by law as member of board. (Mich. VI 20.) 
 
 EVIDENCE 
 
 For right of accused to obtain and to be confronted with witnesses, See 
 
 Crimes — Rights of Accused. 
 Confidential Communications 
 
 Legislature to provide for protecting confidential communications to 
 physicians by patients. (La. 297.) 
 Depositions 
 
 Legislature may provide for taking, in presence of party accused 
 and counsel, depositions of witnesses, in criminal cases other than 
 homicide, when reason to believe that witness from inability or 
 other causes will not attend trial. (Cal. I 13.)
 
 - ,; CbNSTrTDTkoNS 
 
 1DENCE [Conf 
 
 l»i . 
 
 1': riaion may be made by law for taking of deposition by accused or 
 
 i used for or against accused, of any witness whose 
 
 attend onol be had at trial, securing accused opportunity 
 
 t t , sent in person and with counsel at taking of deposition 
 
 and to examine witness face to face as fully and in same manner 
 
 as if in court. (Ohio I 10.) 
 If witneu cannot give security, deposition taken by some judge of 
 highest court, general trial court or county court at earliest time 
 be can attend at convenient place by him appointed, with reason- 
 able notice to accused and attorney for people; accused to have 
 right to appear in person and by counsel; if he has no counsel 
 judge to assign him one in that behalf only; on completion of 
 unination witness to be discharged on own recognizance entered 
 int-i before the judge; deposition not to be used if in opinion of 
 omit personal attendance of witness might be procured by prose- 
 cution or is procured by accused; no exception to be taken to 
 deposition as to matters of form. (Colo. II 17.) 
 Of witnesses examined in registers' courts to be taken at large in 
 writing and made part of the proceedings in the cause. (Del. 
 
 IV 33.) 
 General trial courts for civil cases only have power to direct ex- 
 amination of witnesses who are aged, infirm or going out of state, 
 upon interrogatories de bene esse, read in evidence in case of 
 departure or death of witnesses before trial, or inability, by 
 reason of age, sickness, bodily infirmity or imprisonment to 
 attend; also power of obtaining evidence from places not within 
 
 state. (Del. IV 24.) 
 Equity Cases 
 
 !• stimony in equity cases taken in like manner as in cases at law. 
 
 (N.Y. VI 3; Wis. VII 19.) 
 ESbbob in" Admitting 
 
 No judgment to be set aside or new trial granted on ground of 
 improper admission or rejection of evidence unless after examina- 
 tion of entire cause, including evidence, court is of opinion that 
 err..r complained of has resulted in miscarriage of justice. (Cal. 
 
 VI 4y 2 (1914).) 
 1'mi ui Ti STIMONY 
 
 Laws may be passed for regulation of use of expert witnesses and 
 ■ I'-ri testimony in criminal trials and proceedings. (Ohio II 
 
 39.) 
 lit -siiwn am. Wife 
 
 mpelled to testify against each other (not clear whether 
 limited to criminal cases). (Utah I 12.) 
 i-.< I'.iMi.wiiN., Evidence 
 
 Bhall be compelled to accuse or furnish evidence against 
 nnnself. pt. I 12; N.H. I 15.) 
 
 N- per-,,, compelled to give testimony tending to incriminate him- 
 self in any way. (Ga, I Sec. I 6.)
 
 Index Digest 677 
 
 EVIDENCE (Cont'd) 
 
 Incriminating Evidence {Cont'd) 
 
 No person to be compelled to give evidence which will tend to in- 
 criminate him, but person having knowledge or possession of facts 
 tending to establish guilt of any other person or corporation 
 charged with offense against laws of state not to be excused from 
 giving testimony or producing evidence when legally called on, 
 on ground it may tend to incriminate him; not to be prosecuted 
 or subject to any penalty or forfeiture on account of any trans- 
 action, matter or thing concerning which he may so testify or 
 
 produce evidence. (Okla. II 21, 27.) 
 
 No person compelled to give evidence against himself in criminal 
 
 case, or in any proceeding that may subject him to criminal 
 
 prosecution, except as otherwise provided in constitution. (La. 
 
 11.) 
 
 No person shall be a witness against himself. (Kan. B.R. 10.) 
 
 No man ought to be compelled to give evidence against himself in a 
 
 criminal case. (Md. D.R. 22.) 
 
 No person to be compelled in criminal case to give evidence against 
 
 himself. (111. II 10; Nebr. I 12; N.C. I 11; S.D. VI 9; Vt. I 10; 
 
 Va. I 8; Wash. I 9.) 
 
 No person to be compelled in criminal case to be witness against 
 
 himself. (Ark. II 8; Cal. I 13; Fla. D.R. 12; Ida. I 13; Mich. 
 
 II 16; Minn. I 7; Nev. I 8; N.Y. I 6; N.D. I 13; Ohio I 10; S.C. 
 
 I 17; Wis. I 8.) 
 
 No person to be compelled to testify against himself in criminal 
 
 case. (Colo. II IS; Ind. I 14; Mo. II 23; Mont. Ill IS; N.M. 
 
 II 15; Ore. I 12; Wyo. I 11.) 
 No person in court of common law compelled to give evidence in- 
 criminating himself. (R.I. I 13.) 
 Accused in criminal prosecutions not" compelled to give evidence 
 against himself. (Ala. I 6; Conn. I 9; Del. I 7; Ky. B.R. 11; Me. 
 D.R. 6; Miss. Ill 26; Pa. I 9; Tenn. I 9; Tex. I 10; Utah I 12.) 
 Persons having knowledge or possession of facts tending to establish 
 guilt of any person or corporation charged with bribery or illegal 
 rebating not to be excused from giving testimony or producing 
 evidence when legally called, on ground that it may tend to in- 
 criminate them ; not to be prosecuted, or subject to any penalty 
 or forfeitures on account of any transaction, matter or thing 
 concerning which they may so testify or produce evidence. (Ariz. 
 
 II 19.) 
 Persons or officers or agents of corporation giving free pass, trans- 
 portation, franking privilege or prohibited discrimination, not to 
 be excused from testifying in relation thereto ; not to be liable 
 to civil or criminal prosecution therefor if he testifies to giving 
 
 same. (La. 191; N.Y. XIII 5.) 
 Compelling testimony in cases of bribery or corrupt solicitation 
 See Public Officers. 
 See Legislature.
 
 . -„ State i JbNSTFrtmoNS 
 
 EVIDENCE [Conf 
 
 - Failure in criminal cases to testify may be considered by 
 the court and jury and made the subject of comment by counsel. 
 
 (Ohio I 10.) 
 
 Right of accused to testify in own behalf, See Crimes — Rights of 
 
 Accused. 
 
 LOCAL, Private ok Special Laws 
 
 ! egialatare not to pass local or special laws changing rules of 
 
 evidence. (Ariz. IV Pt. II 19.) 
 Legislature noi to pass local or special laws changing rules of evi- 
 dence in any trial ot inquiry. (Colo. V 25; Mont. V 26; N.M. IV 
 
 24; N.D. II 69; Wyo. Ill 27.) 
 
 ! egisial nnt to pass any local or special law changing rules of 
 
 evidence in any judicial proceeding or inquiry before courts. (La. 
 
 48.) 
 nslature not to enact any local, special or private law changing 
 roles of evidence in any judicial proceeding or inquiry before 
 courts or other tribunals. (Va. IV 63.) 
 Legislature not to pass local or special law changing rules of evi- 
 dence in any judicial proceeding or inquiry before courts, justices 
 of peace, Bheriffs, Commissioners', arbitrator or other tribunals. 
 iMm. IV :.:;■. Okla. V 46; Tex. Ill 56.) 
 Legislature dot to pass local or special law changing rules of evidence 
 in any judicial proceeding or inquiry before courts, aldermen, 
 justice of peace, sheriffs, commissioners 1 , arbitrators, auditors, 
 masters in chancery or other tribunals. (Pa. Ill 7.) 
 N" act Of legislature to change rules of evidence in pending case. 
 
 (N.M. IV 34.) 
 Record kb Pboof of Execution 
 
 Deeds and mortgages proved for record and recorded according""to 
 law to be prima faeie evidence in courts without proof of execu- 
 tion. Certified copy of record of deed or mortgage admitted as 
 prima facie evidence of record and of its due execution with like 
 effect as original, if original is not within custody or control of 
 party offering copy. ( Ha. XVI 21.) 
 
 W] • • \\ I I NKSSKS. 
 
 EX POST FACTO LAWS 
 
 • RbtB0SPE< i i\ i: L\\\ s. 
 
 Bxpreaslj prohibited. (Ala. I 22; Ariz. II 25; Ark. II 17; Cal. I 16; 
 
 Colo, II 11; Ha. D.R. 17; Ga. I Sec. Ill 2; Ida. I 16; 111. II 14; Ind. I 
 
 J,; towa ' - l: K . v - 1! »; La. 166; Me. I 11; Mich. II 9; Minn. I 11; 
 
 HI 16; Mo. II I.,; Mont.. Ill 11: Nebr. I 16; Nev. I 15; X.J. IV 
 
 ' * " ;: - NM - " ' ! '; N.D. I 16; Okla. II 15; Ore. I 21; Pa. I 17; 
 
 S.C. I s : si), vi 12; Tenn. I 11; Tex. I 16; Utah I 18; 
 
 V*a. I\ 58; Wash I 23; VV.Va. Ill 4; Wis. I 12; Wyo. I 35.) 
 
 - made to punish for actions done before the existence of such laws 
 
 ! ul " r1 ' l,:,Vr ""' b een declared .rimes by preceding laws are unjust, 
 
 sive, and inconsistent with the fundamental principles of a free 
 
 government." (Mass. Pt. I 24.)
 
 Index Digest 679 
 
 EX POST FACTO LAWS [Cont'd) 
 
 Ex post facto laws ought not be made, i M.I. D.R. 17; N'.C I 32.) 
 No person to be accused, arrested or detained, except in cases ascer 
 tained by law, and according t<> form which same has prescribed; and 
 no person to be punished, l>ut by virtue of law established and promul- 
 gated prior to offense and legally applied. (Ala. I 7.) 
 Xo person deprived by law of any right and privilege because of any act 
 
 done prior to passage of such law. (YY.Ya. Ill 11.) 
 Xo retrospective laws for punishment of offenses should lie made. (X.H. 
 
 I 23.) 
 EXAMINER, STATE, See State Examiner. 
 
 EXAMINERS, BOARD OF 
 
 Composed of governor, secretary of state and attorney-general; to exam- 
 ine claims against state except salaries or compensation of officers fixed 
 by law, and perform other duties prescribed by law. (Ida. IV 18; 
 Mont. VII 20; Xev. V 21; Utah VII 13.) 
 
 EXECUTIVE COUNCIL, See Governor — Council. 
 
 EXECUTIVE DEPARTMENT 
 
 For provisions relating to officers of the executive department, See Public 
 
 Officers. 
 Composition 
 
 Governor, lieutenant-governor, attorney-general, state auditor, secre- 
 tary of state, state treasurer, superintendent of education, com- 
 missioner of agriculture and industries and a sheriff for each 
 
 county. (Ala. V 112.) 
 Governor, secretary of state, treasurer, auditor, attorney-general. 
 
 (Ark. VI 1.) 
 Governor, secretary of state, auditor, treasurer, attorney-general and 
 
 superintendent of public instruction. (Ariz. V 1; Utah VII 1.) 
 Governor, lieutenant-governor, secretary of state, auditor, treasurer, 
 attorney-general, superintendent of public instruction. (Colo. IV 
 1; Ida. IV 1; 111. V 1; Kan. I 1; Mont. VII 1; X.C. Ill 1.) 
 Governor to be assisted by following administrative officers: secretary 
 of state, treasurer, comptroller, attorney-general, superintended 
 of public instruction and commissioner of agriculture. (Fla. IV 
 
 2d.) 
 
 Governor, secretarv of state, comptroller-general, treasurer. (Ga. 
 
 V Sec I 1.) 
 
 Governor, lieutenant-governor, auditor, treasurer and secretary of 
 
 state. (La. (51.) 
 
 Governor, lieutenant-governor, secretary of state, auditor, treasurer 
 and attorney-general. (Minn. V 1; Ohio III 1.) 
 
 Governor, lieutenant-governor, secretary of state, auditor, treasurer, 
 attorney-general and superintendent of public scl Is. (Mo. V 1.) 
 
 Governor, lieutenant-governor, secretary of state, auditor, treasurer, 
 superintendent of public instruction, attorney-general, commis- 
 sioner of public lands and buildings; no other executive state 
 office to be continued or created, and duties of other existing 
 officers to be performed by above. (Xebr. V 1, 2(i.)
 
 '. \,\-lTITTIOXS 
 
 DEPARTMENT [Cont'd) 
 
 Atenant-governor, secretary oi state, auditor, treasurer, 
 superintended of public instruction and com- 
 , public lands. iX.M. V 1; Wash; III 1.) 
 uthoritj „.- 5 tate to be vested in governor, lieutenant- 
 f state, auditor, attorney-general, treasurer, 
 rintendent of public instruction, slate examiner and inspector, 
 chief mine inspector, commissioner of labor, commissioner of 
 and corrections, commissioner of insurance and other 
 provided by law and constitution. (Okla. VI 1.) 
 ,. lieutenant-governor, secretary of commonwealth, afctorney- 
 auditor-general, treasurer, secretary of internal affairs, 
 superintendent of public instruction. (Pa. IV 1.) 
 ernor, lieutenant-governor, secretary of state, comptroller, treas- 
 reneral, commissioner of general land office. (Tex. 
 
 IV 1.) 
 emor, secretarj bf state auditor, treasurer, attorney-general 
 and superintendent of free schools. (W.Va. VII 1.) 
 
 Conducted, preserved and published in no other than English lan- 
 guage. (Cal. 1\ 24; 111. Sched. 18.) 
 
 EXECUTIVE POWER 
 
 also Disi i;m:i i mm of Powers. 
 Where \ i sted 
 
 Supreme executive power vested in governor. (Ala. V 113; Ark. VI 
 2; Cal. V I; Colo. IV 2; Conn. IV 1; Del. Ill 1; Fla. IV 1; Ida. 
 IV 5; 111. V 6; Iowa [V 1; Kan. I 3; Ky. 60; La. 62; Me. V Pt. 
 
 I I ; Mass. Pt. 11 Ch. II Sec. 1 1; Mo. V 4; Mont. VII 5; Nebr. V 
 6; Xev. V 1: N.ll. II 40; X..M. V 4; N.C. Ill 1 ; Ohio III 5; Okla. 
 \ I ■_': Pa. IV -2: S.C. IV 1: Tenn. Ill 1; Vt, II 3; Wash. Ill 2.) 
 
 Chief executive power vested in governor. (Mich. VI 2; Miss. V 
 
 116; Ore. V 1; K.I. VII 1; Tex. IV 1; Va. V 69; W.Va. VII 5.) 
 I ecutive power vested in governor. (Ga. V Sec. I 2; Inch V 1; Md. 
 
 II 1; N..I. V 1: \.V. I V 1 ; N.D. Ill 71; S.D. IV 1; Wis. V 1; 
 
 Wyo. IV 1.) 
 
 utive authority of state to he vested in governor, lieutenant- 
 
 ;overnor, secretary of state, auditor, attorney-general, treasurer, 
 
 mperintendeni of public instruction, state examiner and inspector, 
 
 ne inspector, commissioner of labor, commissioner of chari- 
 
 and corrections, commissioner of insurance and other officers 
 
 ided by law and constitution. (Okla. VI 1.) 
 
 i take care that laws are faithfully executed. (Ala. V 
 
 VI: \,k. VI j; Cal. V 7; Colo. IV 2; Conn. IV 0; 
 
 i 111. IV 6; Ga. V Sec. I 12; Ida. IV 5; 111. V 6; Ind. 
 
 I\ 9; Kan. 1 3; Ixy. 81; La. 75; Me. V Pt. I 12; 
 
 Mich. VI :;•. Minn. V \ ■. Miss. V 123; Mo. V 6; Mont. 
 
 febr. V 6; Xev. V 7; N.J. V 6; N.M. V 4; N.Y. IV 4; 
 
 N.D. Ill 75; Ohio III 6; Okla. VI S; Ore. V 10; Pa.
 
 Index Digest GS1 
 
 EXECUTIVE POWER (Cont'd) 
 Where Vested (Cont'd) 
 
 IV 2; R.I. VII 2; S.D. IV 4; Tenn. Ill 10; Tex. IV 10; Utah VII 
 5; Vt. II 20; Va. V 73; Wash. Ill 5; W.Ya. VII 5; Wis. V 4; 
 
 Wyo. IV 4.) 
 Governor to take care that laws are faithfully executed in mercy. 
 
 (S.C. IV* 12.) 
 Governor to expedite measures resolved on by legislature. (N.Y. IV 
 
 4; N.D. Ill 75; S.D. IV 4; Vt. II 20; Wis. V 4; Wyo. IV 4.) 
 Governor may grant such licenses as shall be directed by law. (Vt. 
 
 II 20.) 
 For composition of executive department, See Executive Depart- 
 ment. 
 Use of Militia in Execution of Laws, See Militia. 
 Power of Suspending Execution of Laws 
 As to poiver of suspending laios, See Laws. 
 
 By any authority without consent of representatives of the people, 
 is injurious to their rights and ought not to be exercised. (Va. 
 
 I 7.) 
 Ought not to be exercised or allowed unless by or derived from the 
 
 legislature. (Md. D.R. 9.) 
 To be exercised only by legislature or by its authority in particular 
 
 cases expressly provided for by It. (S.C. I 13.) 
 Ought never to be exercised but by the legislature, or by authority 
 derived therefrom, to be exercised in such particular cases only as 
 legislature shall expressly provide for. (Mass. Pt. I 20; N\H. I 
 
 20.) 
 Ought never to be exercised but by legislature, or by authority 
 derived from it, to be exercised in such particular cases as this 
 constitution, or the legislature shall provide for. (Vt. I 15.) 
 
 EXEMPTIONS FROM ARREST 
 
 Sec Elections — Privileges of Electors. 
 See Legislature — Members. 
 See Militia. 
 
 EXEMPTIONS FROM FORCED SALE 
 In General 
 
 Legislature to pass liberal homestead and exemption laws. (Colo. 
 
 XVIII 1; 111. IV 32; Mont. XIX 4.) 
 Right of debtor to be recognized by law. (Ind 1 22; New I 14; 
 
 N.D. XVII 208; S.D. XXI 4; Wis. I 17.) 
 Property not to be exempted from levy or sale by local, private or 
 
 special law. (Ala. IV 104.) 
 Who Exempted 
 In General 
 
 Heads of families. (Cal. XVII 1; N.D. XVII 208; S.D. XXI 4; 
 
 Utah XXII 1; Va. XIV 190; Wash. XIX 1.) 
 Every head of a family, or guardian, trustee of family of minor 
 children, or every aged or infirm person, or person having care 
 or support of dependent females of any age, who is not head 
 
 of family. (Ga. IX Sec. I 1.)
 
 CONSTITUTION S 
 EXEMPTIONS KROM FORCED SALE (Co*-**) 
 
 I or perso, having a mother or ***, or a pe, 
 ep Ldent upon him for support No husband 
 
 St of homestead in case wife owns and .s in actual 
 
 aefifc of homestead in case wife owns ^a,^^ 
 rop erty or means to amount of $2,000. 
 
 244. ) 
 
 and unmarried adults, male and female, to be 
 .,„,„ M to personal property; ■"""^^^J^)' 
 
 Head of family in possession of homestead. (Tenn. XI 11.) 
 Head f fami ly residing within state and owning the property 
 
 (Fla. X 1.) 
 
 ;,„ t of State. I Ala. X 204, 205; Mich. XIV 1, 2; N.C. XI 
 
 2.) 
 
 woman having separate estate married to head of family 
 
 not having enough property to constitute homestead. (S.C. 
 
 sonal property of resident of state; homestead of resident of 
 state who is married or head of family. (Ark. IX 1, 2, 3.) 
 Husband or parent residing in state. (W.Va. VI 48.) 
 Householder. (Va. XIV 100.) 
 
 Homestead "of a family"; nothing in laws of United States, or 
 any treaties with Indian tribes in state to deprive any Indian 
 or other allottee of benefit of homestead and exemption laws 
 (legislature may ehange or amend). (Okla. XII 1, 3.) 
 After Death of Person Exempted 
 
 Exemptions provided for to inure to widow and heirs of party 
 
 entitled. (Fla. X 2.) 
 
 Infant children of deceased parents to hold homestead exempt. 
 
 (W.Va. VI 48.) 
 Surviving spouse, or minor child or children of a deceased bene- 
 ficiary to be exempt. (La. 244.) 
 Homestead to inure to benefit of widow; and to be exempt during 
 minority of children occupying same. (Tenn. XI H-) 
 
 r .Lath of owner, homestead of family to be exempt from 
 payment of debts contracted since July 13, 1868, or after rati- 
 fication of constitution, during minority of children. If owner 
 die, leaving a widow, but no children, homestead to be exempt, 
 and profits to inure to her benefit. (Ala. X 206, 208.) 
 leath of owner, homestead of family to be exempt from 
 paymenl of his debts in all cases during minority of children, 
 li owner die, leaving widow but no children, homestead to be 
 ipt, rent- and profits to accrue to her benefit during time 
 <>f her widowhood, unless she be owner of homestead in her own 
 
 right. (Mich. XIV 3, 4.) 
 
 ner homestead to be exempt from payment of 
 
 any debt during minority of children, or any one of them. 
 
 If vridon be left but no children, homestead to be exempt from
 
 Index Digest 683 
 
 EXEMPTIONS FROM FORCED SALE (Cont'd) 
 Who Exempted (Cont'd) 
 
 After Death of Person Exempted (Cont'd) 
 
 debts of husband ; rents and profits thereof to inure to her 
 benefit during widowhood, unless she be owner of homestead 
 in her own right. (N.C. X 3, 5.) 
 
 On death of husband or wife, or both, to descend and vest in 
 like manner as other real property of deceased, and to be 
 governed by same laws of descent and distribution, but not to 
 be partitioned among heirs of deceased during lifetime of sur- 
 viving husband or wife or so long as survivor may elect to 
 use or occupy as a homestead, or so long as guardian of minor 
 children of deceased may be permitted, under order of proper 
 court having jurisdiction, to use and occupy. (Tex. XVI 52.) 
 
 If owner of homestead die leaving widow, but no children, and 
 widow has no separate homestead in her own right, same to 
 be exempt ; rents and profits to vest in her during her natural 
 life, provided that if owner leaves children, one or more, they 
 shall share with widow and be entitled to half of rents and 
 profits till each arrives at 21 years, when each child's rights 
 to cease and shares to go to younger children, and then 
 to go to widow. Homestead exemption to inure to benefit of 
 minor children after decease of parents. Widow or children 
 may reside on homestead or not. (Ark. IX 6, 10.) 
 What Exempted 
 In General 
 
 Reasonable amount of property. (Ind. I 22; Xev. I 14; Wis. I 
 
 17.) 
 Same; "to be determined by law". (Minn. I 12.) 
 
 Legislature to protect by law a certain portion of homestead and 
 other property of heads of families. (Cal. XVII 1; Wash. 
 
 XIX 1.) 
 
 Legislature to provide by law for exemption of reasonable amount 
 of property of debtor, not exceeding $500. (Md. Ill 44.) 
 
 In addition to articles now exempted from levy or distress for 
 rent, real and personal property, or either, including money 
 and debts due him, to value of not exceeding $2,000 to be 
 selected by him, to be exempt. (Va. XIV 190.) 
 
 Real or personal property of railroad liable to execution or sale 
 as in case of individuals; no law to be passed exempting same. 
 
 (Okla. IX 7; Tex. X 4.) 
 
 No judgment creditor or other creditor whose lien does not bind 
 homestead shall have any right or equity to require that a 
 lien which embraces homestead and other property shall first 
 exhaust homestead. (S.C. Ill 28.) 
 Homestead 
 
 Legislature to protect a certain portion of homestead and other 
 property of heads of families. (Cal. XVII 1; Wash. XIX 1.) 
 
 Homestead, as provided by law, to be exempt. (New IV 30; 
 
 Wyo. XIX Homesteads 1.)
 
 - ATK (\i\>TITTTIONS 
 
 EXEMPTIONS FROM FORCED SALE (CouVd) 
 \\ii\i I.ximi;: ' t'd) 
 Homestead (Cont'd) 
 
 \ tlue of homestead to be Limited and defined by law. (N.D. 
 
 XVII 208; S.D. XXI 4.) 
 
 II. is of value of $1>0OO td be exempt. (W.Va. VI 48.) 
 
 H,,. - i„ possession «>f head of family, and improvements 
 
 thereon to value in all of $1,00(1 to be exempt. (Tenn. XI 11.) 
 
 islature to enact laws to exempt homestead in lands whether 
 
 held in fee or an\ lesser estate to value of $1,000, or as much 
 
 a- propertj is worth if its value is less than $1,000, with yearly 
 
 products thereof. No more than that to husband and wife 
 
 jointly. (S.C. Ill 28.) 
 Homestead ami dwellings and buildings used therewith, not ex- 
 ceeding $1,000, in value, or in lieu thereof at option of owner, 
 any lol in a city, nr village, with dwelling and buildings used 
 thereon, owned and occupied by any resident of state and not 
 exceeding $1,000 in value to be exempt. (N.C. X 1.) 
 Legislature to provide by law for exemption of a homestead to 
 •i-i-t of one or more parcels of land together with appur- 
 tenances and improvements to value of at least $1,500. (Utah 
 
 XXII 1.) 
 Homestead and personal property to value in aggregate of $1,600 
 with improvements, to be exempt. (Ga. IX Sec. I 1, Sec. II 1.) 
 Homestead not exceeding 40 acres of land, dwelling house thereon 
 and appurtenances selected by owner and not included in any 
 town plat, city or village; or instead, at option of owner, any 
 lot in any city, village or recorded town plat, or such parts 
 of lots as shall be equal thereto, and dwelling house thereon 
 and it- appurtenances, owned and occupied by any resident of 
 Btate, not exceeding in value $1,500, to be exempt. (Mich. 
 
 XIV 2.) 
 
 Homestead no! exceeding SO acres including dwelling and 
 
 appurtenance's, to be selected if not in city, town or village; or 
 
 in lieu thereof, if in city, town or village, at option of owner, 
 
 anj lot with dwelling and appurtenances owned and occupied 
 
 by a resident of -fate, and not exceeding in value $2,000, to be 
 
 apt, I Ala. X 205.) 
 
 One hundred and sixty acres of farming land, or one acre within 
 
 limits of incorporated town or city, occupied as residence by 
 
 amily of owner, together with improvements, to be exempt. 
 
 (Kan. XV 9.) 
 
 Homestead bona fide owned by debtor, not exceeding 100 acres, 
 
 cupied by him, With buildings and appurtenances, of every 
 
 family, or person having a mother or father-, or a 
 
 I"' 1 "" 11 '"' persons dependent upon him for support, to be 
 
 Wnpt. Bui not to exceed $2,000 in value inclusive of personal 
 
 y, if homestead exceeds $2,000 in value, beneficiary to 
 
 tied to that amount in case sale under legal process 
 
 realizes more than that sum. (La. 244, 245.)
 
 Index Digest 685 
 
 EXEMPTIONS FROM FORCED SALE (Cont'd) 
 What Exempted (Cont'd) 
 Homestead (Cotit'd) 
 
 One hundred and sixty acres, or one-half acre within limits of 
 incorporated city or town, and improvements; exemption in 
 city or town not to extend to more improvements or buildings 
 than residence and business house of owner. Reduction in 
 area not permitted when subsequently included within limits 
 of incorporated city or town, without consent of owner. (Fla. 
 
 X 1, 5.) 
 If not within city, town or village, homestead to consist of not 
 more than 160' acres of land which may be in one or more 
 parcels to be selected by owner; if within city, town or village, 
 owned and occupied as a residence only, to consist of not ex- 
 ceeding one acre of land to be selected by owner ; provided 
 same not to exceed in value $5,000 and in no event be reduced 
 to less than one-quarter of an acre without regard to value, 
 and in case it is used for both residence and business pur- 
 poses, the interests therein shall not exceed in value $5,000. 
 Temporary renting not to change character when no other has 
 been acquired. (Legislature may change or amend.) (Okla. 
 
 *XII 1, 3.) 
 Homestead outside city, town or village owned and occupied as a 
 residence to consist of not exceeding 160 acres of land with 
 improvements, selected by owner; not to exceed in value 
 $2,500 and in no event to be reduced to less than SO acres 
 without regard to value. If in city, town or village, owned 
 and occupied as a residence, to consist of not exceeding one 
 acre of land, with improvements, to be selected by owner ; 
 not to exceed in value $2,500 and in no event to be reduced 
 to less than one-quarter of an acre without regard to value. 
 
 (Ark. IX 4, 5.) 
 If not in town or city, to consist of not more than 200 acres of 
 land which may be in one or more parcels, with improvements 
 thereon; if in city, town or village, to consist of lot or lots 
 not to exceed in value $5,000- at time of designation, without 
 reference to value of improvements. To be homestead, must 
 be used for purposes of home, or as place to exercise calling 
 or business of head of family ; any temporary renting not to 
 change character of when no other homestead has been ac- 
 quired. (Tex. XVI 51.) 
 Personal Property 
 
 Legislature to have power and it shall be its duty to provide for 
 exemption of certain portion of personal property. (Tex. XVI 
 
 49.) 
 
 Reasonable amount of personal property, kind and value to be 
 
 fixed by general laws, to be exempt. (X.D. XVII 208; S.D. 
 
 XXI 4.) 
 Personal property to value of $200 to be exempt. (W.Va. VI 48.)
 
 3 Ml ( -...NSTlTrTIOXS 
 
 PTIOWS FROM FORCED SALE (Cont'd) 
 Whai Exemptj t'd) 
 
 :sonal Property [Cont'd) 
 
 Resident Dot married or head of family to be exempt in specific 
 
 -ted by him. not exceeding in value $200 in 
 
 addition to hta wearimg apparel; if married or head of family, 
 
 in specific articles to be seleoted by him, not exceeding in value 
 
 mi in addition to bis waring apparel and that of his or her 
 
 family. (Ark. IX 1, 2.) 
 sonal property as designated by law not less than $500, to be 
 
 exempt. (Mich. XIV 1.) 
 sonal property to value of $500 to be selected by resident, to 
 
 be exempt. (N.C. XI.) 
 gislature to provide for exemption of personal property to 
 ,, of $500 or so much as property is worth if its value is 
 less than $600. No more than this in case husband and wife 
 ,,,,,, are exempt. In case of person not head of family, a like 
 exemption as provided for head of family in all necessary 
 wearing apparel, tools and implements of trade, not to exceed 
 in value $300. (S.C. HI 28.) 
 One thousand dollars' worth of personal property, to be exempt. 
 
 (Ala. X 204; Fla. XL) 
 
 Realty or personalty, together with improvements thereon, or 
 
 both, to value in aggregate of $1.(500. (Ga. IX Sec. I 1, Sec. 
 
 II 1.) 
 Two work horses, one wagon or cart, one yoke of oxen, two cows 
 and calves, 25 head of hogs, or 1,000 pounds of bacon or its 
 equivalent in pork, whether any of these objects be attached 
 to a homestead or not. On a farm, necessary quantity of corn 
 and fodder for current year, necessary farming implements, to 
 value of $2,000, inclusive of homestead, to be exempt. (La. 
 
 244.) 
 iTly products of homestead to be exempt, See above, this sub- 
 division, Homestead. 
 Selection 
 
 Exempted property to be selected by person exempted. (Ala. 
 X 204, 205; Ark. IX 1, 2, 4. 5; N.C. X 1, 2; Okla. XII 1; 
 
 Va. XIV 190.) 
 Legislature to provide for "selection" by head of each family. 
 
 (Utah XXII 1.) 
 [islature to prescribe manner and conditions on which house- 
 holder or head of family shall set apart homestead; but legis- 
 lature not authorized to defeat or impair benefits intended to 
 be conferred by tins article. (Ya. XIV lit-i.) 
 ;islature to provide as early as practicable for setting apart 
 and valuation of exempted property, but nothing to be con- 
 to affect or repeal existing laws contained in code and 
 amendatory thereto. Optional with applicant to take 
 • ,,llt not both of such exemptions. Applicant may at
 
 Index Digest 687 
 
 EXEMPTIONS FROM FORCED SA.LE (Cont'd) 
 What Exempted (Cont'd) 
 Selection (Cont'd) 
 
 any time supplement his exemption by adding to an amount 
 already set apart, which is less than whole amount of exemp- 
 tion allowed, a sufficiency to make exemption equal to whole 
 amount. (Ga. IX .Sec. IV 1, Sec. VI 1.) 
 Legislature to prescribe by law rules and regulations necessary 
 to ascertain value of real and personal property exempted 
 from sale under legal process by constitution, and to secure 
 same to claimant thereof as selected. (Ala. IV 92.) 
 ''Title to the homestead to be set off and assigned, to be abso 
 
 lute." (S.C. Ill 28.) 
 From What Exempted 
 In General 
 
 From execution. (Md. Ill 44.) 
 From forced sale. (Cal. XVII 1; Wash. XIX 1.) 
 Property to be exempted by law from forced sale. (X.D. XVII 
 
 208; S.D. XXI 4.) 
 Portion of personal property to be protected by law from forced 
 sale. Homestead to be protected from forced sale for pay- 
 ment of debts. (Tex. XVI 49, 50.) 
 Property to be exempt from forced sale, subject to regulations 
 prescribed by law; exemption not to affect debts or liabilities 
 existing at adoption of constitution. (W.Va. VI 48.) 
 Homestead to be exempt from forced sale for payment of debts. 
 
 (Legislature may change or amend.) (Okla. XII 2, 3.) 
 From forced sale under process of any court; exemption applic- 
 able to all debts, except as specified in constitution; no judg- 
 ment or decree or execution to be lien on exempted property 
 except as provided in this article. (Fla. X 1. 2.) 
 Homesteads to be exempt from forced sale under process of law. 
 
 (Kan. XV 9; Xev. IV 30; Wyo. XIX Homesteads 1.) 
 Homesteads to be exempt from forced sale on execution or any 
 
 other final process from a court. (Mich. XIV 2.) 
 Homesteads to be exempt from sale under legal process. (Tenn. 
 
 XI 11.) 
 Homestead exempt from sale on execution. (.Utah XXII 1.) 
 Property exempted from sale under execution, or other final 
 process of any court issued for collection of any debt. (X.C. 
 
 X 1, 2.) 
 Personal property to be exempted from sale on execution or 
 
 other final process of any court. (Mich. XIV 1.) 
 Property to be exempt from sale on execution or other process 
 of any court, issued for collection <>\ any debi contracted since 
 13th day of July, 1868, or after ratification of constitution. 
 
 (Ala. X 204, 205.) 
 
 Homestead not to lie subject to lien of any judgment, decree of 
 
 any court, or to sale under execution or oilier process. (Ark. 
 
 IX 3.)
 
 . , Constitutions 
 
 ROM FORCED SALE (Cont'd) 
 
 ' < ' ' ,! ' 
 
 In General 
 
 to be exempt from seizure on attachment, or 
 
 ,„;,„, or other process from any court issued for 
 
 of debt ]•> contract. (Ark. IX 1, 2.) 
 
 to be exempted from seizure and sale by any process 
 
 - herein provided; no court or ministerial 
 
 - te to have jurisdiction or authority to enforce any 
 
 ion or decree against property exempted as 
 
 , |,i as provided. (La. 244, 245.) 
 
 MV or sale for payment of any debt or liability. 
 
 (Minn. I 12.) 
 li for payment of any debt or liability here- 
 ntracted. (Ind. 1 22; Xev. I 14; Wis. I 17.) 
 im levy, seizure, garnishment or sale under any execution, 
 her process issued on any demand for debt here- 
 after contracted. (Va. XIV 190.) 
 From attachment, levy and sale under any mesne or final pro- 
 issued from any court. Title to homestead set off to be 
 lute and forever discharged from debts then existing or 
 thereafter contracted except as provided. (S.C. Ill 2S.) 
 Realty or personalty or both, to be exempt from levy and sale 
 under anj process whatever, under laws of state. Xo court or 
 ministerial officer to have jurisdiction or authority to enforce 
 judgment, execution or decree against property set apart 
 for Buch purpose. (Ga. LX Sec. I 1, Sec. II 1.) 
 Exceptions 
 
 Xo property to lie exempt from sale for taxes. (Kan. XV 9; 
 Nev. IV 30; X.C. X 2; W.Va. VI 48; Wyo. XIX Home- 
 steads 1.) 
 adds "or assessments". (Fla. X 1.) 
 Property not to he exempt from attachment, levy or sale 
 
 for taxes. (S.C. Ill 28.) 
 mestead no! to be exempt from debts for'taxes. (Tex. 
 
 XVI 50.) 
 tnption not to apply to debts for taxes or assessments. 
 
 (La. 245.) 
 mption no! t,, operate against public taxes. (Tenn. 
 
 XI 11.) 
 
 Homestead not exempt from Lien, of judgment, decree of 
 
 court, sale under execution or other process, for taxes. 
 
 (Ark. IX 3.) 
 
 Property nol to be exempt, from payment of debts for taxes 
 
 dm-. (Legislature may change or amend.) (Okla. XII 
 
 2, 3.) 
 
 mption not to extend to any execution, order or other 
 
 issued on demand for lawful claim for taxes, levies
 
 Index Digest G89 
 
 EXEMPTIONS FROM FORCED SALE [Cont'd) 
 From What Exempted (Cont'd) 
 
 Exceptions (Con I'd) 
 Taxes (Cont'd) 
 
 or assessments accruing after June 1, 1866. (Va. XIV 
 
 190.) 
 
 Court or ministerial officer in state to have power to enforce 
 
 judgment, execution or decree against exempted property 
 
 for taxes. (Ga. IX See. II 1.) 
 
 Purchase Money 
 
 Exemption hot to extend to obligations contracted for pur- 
 chase of premises. (Fla. X 1; Kan. XV 9; Nev. IV 30; 
 N.C. X 2; Wyo. XIX Homesteads 1.) 
 
 No exemption for payment of purchase money due upon 
 
 property. (W.Va. VI 48.) 
 
 Exemption not to extend to debts for purchase price of 
 property or any part of such price. (La. 24.5.) 
 
 Homestead not exempt from debts for purchase money or 
 
 part of it, (Tex. XVI 50.) 
 
 Property not to be exempt from obligations contracted for 
 purchase of homestead or personal property exemption. 
 
 (S.C. Ill 28.) 
 
 Exemption not to operate against debts contracted for pur- 
 chase money of homestead. (Tenn. XI 11.) 
 
 Court or ministerial officer in state to have power to enforce 
 judgment, execution or decree against exempt property for 
 purchase money. (Ga. IX Sec. II 1.) 
 
 Property not exempt from lien of judgment, decree of court, 
 sale under execution or gther process when rendered for 
 purchase money. Personal property of resident, not mar- 
 ried or head of family, not to be exempt from execution 
 for debts contracted for purchase money while in hands of 
 
 vendee. (Ark. IX 1, 3.) 
 
 Homestead not to be exempt from debts for purchase money 
 or part of it, No property to be exempt for any part of 
 purchase price while same or any part remains in posses- 
 sion of original vendee or any purchaser from vendee with 
 notice. (Legislature may change or amend.) (Okla. XII 
 
 2, 3.) 
 
 Exemption not to extend to any execution, order or other 
 process issued on demand for purchase price of property. 
 If purchased and not paid for, and exchanged for or con- 
 verted into other property by debtor, not to be exempted 
 from payment of such unpaid purchase money. (Va. XIV 
 
 190.) 
 
 Improvements 
 
 Exemption not to extend to obligations contracted for erec- 
 tion of on property. (Kan. XV 9; Nev. IV 30; Wyo. XIX 
 
 Homesteads 1.)
 
 S . . i t ,,\m mi EONS 
 
 EXEMPTIONS FROM FORCED SALE (Cont'd) 
 
 \\ ii vi I 
 
 .ceptions [Cont'd) 
 
 ts ^Cont'd) 
 Homesteads not exempt from lien of judgment, decree of 
 court, sale under execution or other process for specific 
 lien, laborers' or mechanics' liens for improving property. 
 
 (Ark. IX 3.) 
 Exemption nol to apply to payment of obligations contracted 
 
 f or erection or repair of improvements. (Fla. X 1.) 
 Exemption oo1 to apply to judgment, execution or decree 
 against exempted property for labor done thereon or ma- 
 i. rial furnished therefor. (Ga. IX .See. II 1.) 
 Exemption not to extend to debts for labor, money and 
 material furnished for improving homesteads. (La. 245.) 
 Property nol exempted for debts incurred to any person for 
 w.uk done or materials furnished in improvement of ex- 
 empted property. (Minn. I 12.) 
 Provision not to prevent liens against homestead for labor 
 and materials in improvement, in manner prescribed by 
 
 law. (N.D. XVII 208.) 
 
 Exemption not to apply to debts for work and material used 
 
 in constructing. (Legislature may change or amend.) 
 
 (Okla. XII 2, 3.) 
 Exemption not to apply to obligations contracted for erec- 
 tion or making of. ( S.C. Ill 28.) 
 Exemption not to extend to debts contracted for improve- 
 ments. (Tenn. XI 11.) 
 Exemption of homestead not to apply to debts for work 
 and materials in constructing homestead, only when work 
 and material contracted for in writing, with consent of 
 wife given in same manner as required in making a sale 
 and conveyance of homestead. (Tex. XVI 50.) 
 mption not to extend to debts contracted for erection of 
 
 improvements. (W.Va. VI 48.) 
 
 Building, Construction or Repair 
 
 Exemption nol to extend to debts for labor, money and 
 aterial furnished for building or repairing homesteads. 
 
 (La. 245.) 
 
 Property nol exempted for debts incurred to any person for 
 
 work -Ion,. ,,r materials furnished in construction or repair. 
 
 (Minn. I 12.) 
 &emp! ' to extend to obligations contracted for mak- 
 
 ing of repairs. (S.C. III 28.) 
 
 • iption provisions not to be construed to prevent laborers' 
 
 for work .lone ami performed for person claiming 
 
 JXemption, or a mechanics' lien for work done on 
 
 premises. (Ala. X 207.)
 
 Index D re; est 691 
 
 EXEMPTIONS FROM FORCED SALE (Cont'd) 
 From What Exempted {Cont'd) 
 Exceptions ( Cont'd ) 
 
 Labor Performed (Cont'd) 
 
 Homestead not exempt from lien of judgment, decree of 
 court, sale under execution or other process for specific 
 liens, laborers' or mechanics' liens for improving prop- 
 erty. (Ark. IX 3.) 
 No property exempt from payment of obligations contracted 
 for house, field or other labor performed on same. (Fla. 
 
 X 1.) 
 Court or ministerial officer in state to have power to en- 
 force judgment, execution or decree against exempt 
 property for labor done thereon. (Ga. IX Sec. II 1.) 
 Exemption not to extend to debts for labor furnished for 
 building, repairing or improving homesteads. (La. 245.) 
 Exempt property liable for debts incurred to any person 
 for work done in construction, repair or improvement of 
 same; liability to seizure and sale to extend to real 
 property for debt to any laborer or servant tor labor 
 or service performed. (Minn. I 12.) 
 Exemption not to prevent laborers' lien for work done and 
 performed for persons claiming exemptions or mechanics' 
 lien for work done on premises. (N.C. X 4.) 
 Exemption not to be construed to prevent liens against 
 homesteads for labor done in improvement thereof, in 
 manner prescribed by law. (N.D. XVII 20S.) 
 Homestead not to be exempt from debts for work used in 
 constructing improvements. (Legislature may change or 
 
 amend.) (Okla. XII 2, 3.) 
 
 Homestead not to be exempt from debts for work used in 
 
 constructing improvements thereon, if contracted for in 
 
 writing, with consent of wife given in manner required in 
 
 making sale and conveyance of homestead. (Tex. XVI 
 
 50.) 
 
 Exemption not to extend to any execution, order or other 
 
 process issued on demand for services rendered by laborer 
 
 or mechanic. (Va. XIV 190.) 
 Liens 
 
 Exemption provisions not to be construed to prevent 
 laborers' lien for work done and performed for person 
 claiming such exemption, or a mechanics' lien for work 
 
 done on premises. (Ala. X 207.) 
 Exemption of homestead not to extend to lien of judg- 
 ment, decree of court, sale under execution or other 
 process for specific liens, laborers' or mechanics' liens 
 for improving property. (Ark. TX 3.) 
 Exemption not to extend to judgment, execution or decree 
 against exempted property for removal of encumbrances 
 
 thereon. (Ga. IX Sec. II 1.)
 
 ( ioNSTITl DIONS 
 
 EXEMPTIONS FROM FORCED SALE (Cont'd) 
 
 f'd) 
 ception:- I nt'd) 
 t'd) 
 emption n< >1 to extend iu process of law obtained by 
 virtue of lien given l>\ consent of husband and wife. 
 
 (Kan. XV 9; Xev. IV 30.) 
 Exemption not to prevent laborers' lien for work done and 
 performed for person claiming exemption or mechanics' 
 lien for work done on premises. (X.C. X 4.) 
 Exemption not to 1"' construed to prevent liens against 
 homestead Eor labor done and materials furnished in im- 
 provement thereof, in manner prescribed by law. (X.D. 
 
 XVII 208.) 
 La /-< mortgages, See below, this title, Encumbrances on 
 
 Exempted Property. 
 
 /.'■ 
 
 Exemption nol to extend to any execution, order or other 
 
 process issued on demand for rent. (Va. XIV 190.) 
 Exemption not to apply to debts for rent which bears a 
 
 privilege upon said property. (La. 245.) 
 
 Money Collected 
 
 Homestead not exempt from lien of judgment, decree of 
 court, Bale under execution or other process against 
 executors, administrators, guardians, receivers, or at- 
 torneys for moneys collected by them, and other trustees 
 of an express trust for moneys due from them in their 
 
 fiduciary capacity. (Ark. IX 3.) 
 
 I cemption not to extend to debts for liabilities incurred 
 
 l>\ public officer, fiduciary or attorney-at-law for money 
 
 collected. (La. 245.) 
 Exemption not to extend to any execution, order or other 
 process issued on demand for liabilities incurred by any 
 lie officer, officer of a court, fiduciary, or any at- 
 torney-at-law for money collected. (Ya. XIV, 190.) 
 on Di posit 
 tnption no! to extend to debts for liabilities incurred by 
 public officer, fiduciary or any attorney-at-law for 
 money received on deposit. (La. 245.) 
 
 / ■ • . | i r 
 
 mption in if to extend to any execution, order or other 
 ted en demand for legal or taxable fees of any 
 public officer or officer of court. (Va. XIV 190.) 
 
 - lock and lilt gal Con ■ < i/ances 
 emption not to be claimed or held in shifting stock of 
 lerchandise, or in any property, conveyance of which 
 
 h< istead claimant lias been set aside for fraud or 
 
 want of consideration. (Va. XIV 191.)
 
 Im>i:x Digest 693 
 
 EXEMPTIONS FROM FORCED SALE {Cont'd) 
 From What Exempted {Cont'd) 
 Exceptions (Cont'd) 
 Yearly Products 
 
 Yearly products of homestead not to be exempt from at- 
 tachment, levy or sale for payment of obligations con- 
 tracted in production of same. (S.C. Ill 28.) 
 Recording 
 
 Laws to provide for recording of homestead within county where 
 
 situated. (Nev. IV 30.) 
 In parish of Orleans, homestead to be valid, shall be recorded as 
 
 prescribed by law. (La. 247.) 
 Of waiver, See below, this title, Waiver. 
 
 Registration 
 
 Exempted property need not be registered. (La. 244.) 
 
 Waiver 
 
 Right of exemption may be waived by instrument in writing; when 
 waiver relates to realty, instrument must be signed by both 
 husband and wife, and attested by one witness. (Ala. X 210.) 
 
 Exemption may be waived in writing except aa to wearing apparel, 
 and not exceeding $300 worth of household and kitchen furniture 
 and provisions, to be •selected by himself and wife. Exemption 
 provided for in certain statutes continued in force by constitution 
 may be waived. (Ga. IX Sec. Ill 1, Sec. V I.) 
 
 Homestead may be waived by signing with wife, if she be not 
 separated, a mensa et thoro, and recording in mortgage records 
 of his parish, a written waiver in whole or in part. Waiver may 
 be either general or special; to have effect from time of recording. 
 
 (La. 246.) 
 
 No waiver to defeat right of homestead before assignment except 
 it be by deed of conveyance or by mortgage and only as against 
 mortgage debt. After set off and recording, no waiver by deed 
 of conveyance, mortgage or otherwise, unless same be executed 
 by husband and wife if both be living. (S.C. Ill 28.) 
 
 Alienation of Exempted Property 
 
 As waiver, See above, this title, Waiver. 
 
 Homestead not to be alienated without consent of husband and wife. 
 (Kan. XV 9; Nev. IV 30; Tenn. XI 11; Wyo. XIX Homestead 1.) 
 
 Owner, if married, not to sell homestead without consent of wife, 
 given as prescribed by law. (Tex. XVI 50.) 
 
 Same; nothing to prohibit person from mortgaging homestead, if 
 spouse joins therein, nor prevent sale on foreclosure to satisfy any 
 mortgage. (Legislature may change or amend.) (Okla. XII 2, 3.) 
 
 Real estate not to be alienable without joint consent of husband 
 and wife. Holder of homestead may alienate by deed or mort- 
 gage executed by husband and wife. (Fla. X 1, 4.) 
 
 Owner of homestead may dispose of it by deed; no deed to be valid 
 without voluntary signature and assent of wife, signified on her 
 private examination according to law. (N.C. X 8.)
 
 
 State Constitutions 
 
 MPTIONS FROM FORCED SALE [Confd) 
 
 .,„ Pbopebti [Confd) 
 x ho mestead not to -tend to any mortgage lawfully 
 
 but such , .^go or other alienation by owner , lia 
 
 miirri ,l .nan. not valid without signature of Ins mfc^ 
 
 option n „ t to extend to mortgage or other alienation of home- 
 stead, but if owner is married man it must have voluntary sig- 
 of wife. (Ala. X 205.) 
 apar1 f 0r exemption not to alienated or encumbered, 
 ,,; it m 1,1 by him and Wife jointly with sanction of judge 
 
 f ,„,„;„„ court of county where debtor resides or land is situ- 
 . t0 be reinvested upon same uses. (Ga. IX Sec. 
 
 . !l exempted homestead property to be preserved; but no 
 v or impair rights of creditors. (La. 246.) 
 
 j ON 1 SEMPTED PbOPEBTY 
 
 lion of liens fxpm exemptions, See above, this title, From 
 
 What Exempted — Exceptions. 
 
 Exemption of homestead not to extend to any mortgage lawfully 
 
 obtained; but mortgage of homestead, by a married man, not to 
 
 be valid without voluntary signature and assent of wife. (Ala. 
 
 X 205.) 
 Holder of homestead may alienate by mortgage executed by husband 
 
 and wife. (Fla. X 4.) 
 Property Bet apart for exemption not to be encumbered. (Ga. IX 
 
 Sec. Ill 1.) 
 
 Exemption of homestead not to extend to any mortgage lawfully 
 
 obtained; Buch mortgage not valid without signature of wife of 
 
 owner. (Mich. XIV 2.) 
 
 Nothing to prohibit any person from mortgaging his homestead, 
 
 the wife, it any. joining, nor to prevent sale on foreclosure to 
 
 Batisfy mortgage; nothing to prevent or prohibit any person from 
 
 mortgaging or encumbering his personal exemptions. (Legisla- 
 
 ture maj change or amend.) (Okla. XII 2, 3.) 
 
 So mortgage, trust deed or other lien on homestead to be valid, 
 
 cepl for purchase money or improvements made, as provided by 
 
 onstitution, whether created by husband alone or together with 
 
 wife; all pretended sales involving condition of defeasance to be 
 
 void. (Tex. XVI 50.) 
 I >f - ; EfOMEBTEAD, Set above, litis title, WlIO EXEMPTED — AFTER 
 
 Death of Person Exempted. 
 Disposi i ion i.v Will 
 
 Holder, if without children, may dispose of homestead by will in 
 nner prescribed by law. (Fla. X 4.) 
 
 Exi \iii !■••- i m>i b Old ( !onsi etui tow 
 
 tiled provisions ;i~ to status of. (Ark. Sched. 1; Fla. X 3; Ga. 
 I\ Sec. VII, \III. IX: La. 245; Va. XIV 193.) 
 
 EXEMPTIONS FROM TAXATION, See Taxation.
 
 Index Digest G95 
 
 EXILE, See Crimes — Punishment. 
 
 EXPOSITION COMPANIES 
 
 For provisiofis relating to all corporations, See Corporations. 
 Exemption from general provision as to liability of stockholders, directors 
 
 and trustees. (Cal. XII 3.) 
 Stockholders liable only to par value of stock subscribed. (Cal. XII 3.) 
 
 EXPRESS COMPANIES 
 
 For provisions relating to all common carriers, See Common Carriers. 
 For provisions relating to all transportation companies, See Transpor- 
 tation Companies. 
 For provisions relating to all public service corporations, See Public 
 
 Service Corporations. 
 For provisions relating to all corporations, See Corporations. 
 Acceptance of State Constitution 
 
 To be filed " in binding form " in secretary of state's office as pre- 
 requisite to benefit of any future legislation. (Mont. XV 8.) 
 Appeals to Courts 
 
 From orders, etc., of railroad commission allowed, irrespective of 
 amount; cases tried summarily and given preference oveT all 
 
 other case3. (La. 285.) 
 Removal of cases involving orderB of corporation commission allowed; 
 such cases given preference and heard at all times. (N.M. XI 7.) 
 Commission 
 
 Legislature may delegate power to fix reasonable maximum railroad 
 and express rates to a commission. (Mich. XII 7.) 
 As Common Carriers 
 
 Declared to be common carriers. (Wyo. X Corporations 7.) 
 Declared to be common carriers and subject to legislative control. 
 
 (Ariz. XV 10; Ida. XI 5; Mont. XV 5; S.C. IX 3.) 
 Declared to be common carriers and subject to liability as such. 
 
 (Miss. VII 195.) 
 Consolidation 
 
 Not to consolidate stock, property or earnings, nor have officers in 
 common, with company owning or controlling parallel or compet- 
 ing line. (Mont. XV 6.) 
 Creation 
 
 Corporate powers and privileges issued and granted by secretary of 
 state as prescribed by law, or by other person named by law if 
 he is disqualified. (Ga.-III Sec. VII 18.) 
 Equality of Service 
 
 Equal rights to all to have persons or property transported; perish- 
 able property may be given preference. (Ida. XI 6.) 
 Must receive and transport each other's tonnage without delay or 
 
 discrimination, as regulated by commission. (N.M. XI 15.) 
 No discrimination in charges or facilities to be made. (Mont. XV 7.) 
 Preference to anyone in transportation of money or other express 
 matter forbidden. (Ida. XI 6; Mont. XV 7.) 
 Foreign Express Companies 
 
 Must incorporate under domestic law, to exercise right of eminent 
 I domain. (Okla. IX 31.)
 
 Constitutions 
 
 fPANIES I'd) 
 
 \ lK.'I. 
 
 ,,,, maximum charges or delegate , power 
 
 to a commission. (Mien. All t.) 
 
 • .'.uses and prevent discrimination in charges to 
 
 • property and franchises. (Nebr XI ?.) _ 
 
 : abuses, discrimination and extortion in 
 
 to provide penalties to extent of forfeiture 
 
 of franchise. (Miss. VII 186.) 
 
 ,ful rates or violating orders, etc., of railroad commission, 
 
 $100 to $5,000. (La. 286.) 
 
 Privileges 
 
 rations and associations organized for purpose may operate 
 ji, , . ..„ a ny points, connect at state lines or elsewhere with 
 
 other lines. (Okla. IX 2.) 
 and privileges issued and granted by secretary of 
 escribed by law, or by other persons named by law if 
 disqualified. (Ga. Ill Sec. VII 18.) 
 equal rights of transportation, facilities, privileges and rates 
 .r all railroads in state. (Wash. XII 21.) 
 }- K> . .. this title, Equality of Service. 
 
 Appeals to courts, See above, this title, Appeals to Courts. 
 Fixed and controlled by railroad commission; greater charge for 
 irter than longer distance only with permission of commission. 
 
 (La. 284.) 
 Fixed and controlled by state corporation commission. (N.M. XI 7.) 
 Ir r reduced rates not forbidden in serving state or local govern- 
 in. ni. charities or destitute or indigent persons. (La. 287.) 
 Legislative control, -S'ee above, this title, Legislative Control. 
 
 ielature may fix reasonable maximum charges or delegate power 
 
 to a commission. (Mich. XII 7.) 
 iperty to be transported at charges not exceeding charge for same 
 
 - t re distant point. (Ida. XI G; Mont. XV 7.) 
 
 Subjecl to legislative regulation and control. (Ida. , XI 5; Mont. 
 
 XV 5.) 
 
 When fixed by railroad commission remain in effect until set aside; 
 
 enalty payable state for each day sustained rate was suspended 
 
 by suit. (La. 286.) 
 - l w \ i 
 
 Taxattor Ob «.m> Kinds of Taxation — Corporations. 
 
 i iXATTON Objects vnd Kinds of Taxation — Puhltc LTtili- 
 
 TIES. 
 
 AS81 S8MI NT — Corporate Property. 
 DE RAL CONSTITUTION, fi 1 1 roTlON of United States. 
 
 MINDED, i < iiaim i us. 
 W i.i.ow SERVANT RULE, Bet Labob Employer's Liability.
 
 Index Digest GO 7 
 
 FENCES 
 
 Legislature may pass fence laws applicable to any subdivision of state or 
 county, "as may be needed to meet the wants of the people". (Tex. 
 
 XVI 22.) 
 Legislature not to pass special, private or local laws relating to fences. 
 
 (Del. II 19; Miss. IV 90; Va. IV 63.) 
 Legislature not to pass special or local legislation to regulate fencing or 
 running at large of live stock. ( Ky. 59.) 
 
 FERRIES 
 
 Special, private e*r local laws prohibited relating to. (La, 48; Mo. IV 
 53; Okla. V 4G; Pa. Ill 7; Tex. Ill 56.) 
 
 Special, private or local laws prohibited establishing. (Fla. Ill 20.) 
 
 Legislature shall not give any person, corporation or association the 
 
 right to have. (Miss. IV 90.) 
 
 Local or special laws to license companies or persons to own or operate 
 
 ferries, prohibited. (Ky. 59.) 
 
 Special, private or local laws chartering or licensing prohibited. (Ala. 
 IV 104; Cal. IV 25; Colo. V 25; Ida. Ill 19; 111. IV 22; Mont. V 26; 
 Nebr. Ill 15; N.M. IV 24; N.D. II 69; W.Va. VI 39; Wyo. Ill 27.) 
 
 Special and local laws prohibited authorizing persons to keep ferries on 
 streams wholly within the state. (S.D. Ill 23; Utah VI 26; Wash. 
 
 II 28; Wis. IV 31.) 
 
 Legislature may not establish ferries but shall prescribe by law manner 
 in which power shall be exercised by courts. (Ga. Ill Sec. VII 18.) 
 
 Right to authorize and regulate tolls on, under legislative control, pun- 
 ishment provided for unauthorized taking of. All laws granting right 
 to collect tolls subject to amendment, modification or Tepeal. (Tex. 
 
 XII 3, 4.) 
 
 Local or special laws incorporating ferry companies prohibited. (La. 
 48; Mo. IV 53; Okla. V 46; Pa. IK 7; Tex. Ill 56.) 
 
 Taxation of, See Taxation — Objects and Kinds of Taxation — Ferries. 
 
 FINES, See Crimes. 
 
 FIRE 
 
 Legislature to enact laws to secure safety of persons from fires in hotels, 
 theatres and other public places of resort. (Miss. IV 83.) 
 
 FIRE MARSHAL 
 
 Office as created by existing law recognized. Compensation, jurisdiction, 
 powers, and duties to be prescribed by legislature, except that powers 
 and duties not to be extended beyond those specified by certain named 
 
 acts of legislature. (La. 320.) 
 FISH AND GAME 
 Fish Trap 
 
 Legislature not to pass special, private or local law granting to any 
 person, corporation or association right to have any. (Miss. IV 
 
 90.) 
 Game Wardens 
 
 Compensation of fixed in county charters or by board of supervisors. 
 
 (Cal. XI 7y 2 , 6.)
 
 Constitutions 
 
 FISH AND GAME Confd) 
 
 ,1 laws for, prohibited. (Colo. V 25; 111. IV 22; Ky. 
 S'ebr. Ill 15; N.D. 11 69; S.C. HI 34.) 
 
 to have power to enact laws for projection and preser- 
 • h and game. (Tenn. XI 13.) 
 ■ ire iua_\ bj statute, provide foT the season when and the 
 under which the different species of fish may be taken. 
 
 (Cal. 1 25.) 
 tion of may be applied in particular districts desig- 
 | by legislature. Mai. IV 25%; Tern*. XI 13.) 
 
 may be passed for the preservation of in certain locali- 
 ties. (Tex. Ill 56.) 
 Rich i ro T kxx 
 
 People to have right bo fish upon and from public lands and in waters 
 i>t" the state, except lands set aside for fish hatcheries; no public 
 land in be sold or transferred without reserving right in people to 
 fish thereon; no law to be passed making it a crime to enter public 
 land- tn fish in water planted with fish by state. (Cal. I 25.) 
 People to continue to enjoy and freely exercise all rights of fishery 
 i heretofore entitled under charter and usages of state, 
 thi> declaration not to grant new or impair any existing right. 
 
 (R.I. I 17.) 
 Pe< pie of state to have liberty, at seasonable times, to hunt and fowl 
 mi lands they own or on unenclosed lands, and to fish on all boat- 
 aide waters, nol private property, under proper regulations to be 
 made by lire. I Vt. 1 1 03.) 
 
 FLAG OF STATE 
 
 Form prescribed. (Ida. XVI 12.) 
 
 FORESTS 
 
 ■ also Public I. amis. 
 Administration 
 
 etarj of internal affairs to discharge such duties in regard to 
 timber interests of the state as may be prescribed by law. (Pa. 
 
 IV 19.) 
 ■i "i Pan \i i: Foeests 
 
 I'oli.e power of Btate shall extend to such control of private forests 
 iv for prevention and suppression of fires. (N.M. 
 
 XV 2.) 
 HI N I OF FOBESTM 
 
 nay be passed to encourage forestry. (Ohio II 36.) 
 ti -i Pbi 
 
 ted by law from lands forfeited to the state, and from 
 I authorized by law to be acquired for the purpose. 
 
 (Ohio II 36.) 
 
 set aside scl„,ol and other public lands of state 
 
 apted to forests than agriculture as school or other 
 
 provide for management on forestry prin- 
 
 • nel revenue used for purpose for which grant was made. 
 
 (Minn. VIII 7.)
 
 Index Digest 699 
 
 FORESTS (Cont'd) 
 
 Forest Preserves (Cont'd) 
 
 Forest preserves ever to be kept as wild forest hinds not to be leased, 
 sold or exchanged; or be taken by any corporation or the timber 
 to be sold, removed or destroyed; further provision that not over 
 3 per cent, of land may be taken for reservoirs with restriction as 
 to purposes and conditions of use. (N.Y. VII 7.) 
 The state may appropriate money to acquire, preserve and develop 
 forests of state, but not under this section in any one year an 
 amount to exceed two-tenths of one mill of the taxable property 
 of the state on last preceding state assessment. (Wis. VIII 10.) 
 Logging Railway 
 
 Taking of private property for logging railway deemed, for public 
 use; and person, firm, company or corporation taking private 
 property by eminent domain for such purpose becomes a common 
 
 carrier. (Cal. I 14.) 
 Preservation of Public Forests 
 
 Legislature to enact laws to prevent the destruction of and to keep 
 in good preservation forests on public lands or on lands of public 
 domain of which Congress may give state control. (Colo. XVIII 
 
 6; Utah XVIII 1.) 
 
 Legislature to enact laws to prevent destruction by fire of grasses 
 
 and forests on public lands or on lands of public domain of which 
 
 Congress may give state control. (Mont. XIX 3.) 
 
 Prohibition of state's being concerned in any internal improvement 
 
 not to prevent its reforestation of its own lands. (Mich. X 14.) 
 
 Sale of Public Forest Lands 
 
 To be under rules and regulations prescribed by law. (Mont. 
 
 XVII 2.) 
 iNo sale of state forest lands to be valid unless full value be paid 
 or secured to state. (Wash. XVI 3.) 
 Timber in Public Forests 
 
 In forest preserves not to bo sold, removed or destroyed. (N.Y. 
 
 VII 7.) 
 
 Limitation on sale of land not to prevent the state from selling 
 
 timber off state land in such manner and at such price as may 
 
 be prescribed by law. (Wash XVI 3.) 
 
 May be sold under rules and regulations prescribed by law. (Mont. 
 
 XVII 2.) 
 
 Legislature to provide by laiv for sale of and for faithful application 
 
 of proceeds in accordance with terms of grant of lands from which 
 
 cut. (Ida. IX 8.) 
 
 Sold only at public auction in county seat, advertised in newspaper 
 
 at state capital and in newspaper published nearest the lands, and 
 
 to "highest and best bidder" not for less than appraised true 
 
 value or for credit unless on ample security; title not to pass till 
 
 payment. (Ariz. X 3, 4.) 
 Taxation 
 
 See Taxation — Objects and Kinds of Taxation. 
 See Taxation — Assessments. 
 See Taxation — Exemptions.
 
 I ..^Tn TTTQyS 
 
 FORFEITURES 
 
 - 
 -• See Death. 
 
 FRANCHISES 
 
 I p UBLIC Utilities under *fce Mies '-Boroughs , Cities , 
 'Municipalities", "Towns", "Townships,", "Vil- 
 lages ". 
 
 . franchise, Bee Elections. 
 
 FRAUD 
 
 - ture may provide for punishment. (Ga. I Sec. II 6.) 
 
 FREEDOM OF SPEECH AND PUBLICATION 
 
 I >l . I AICA1 [ONS 
 
 Men have right to communicate lively their thoughts', and opinions, 
 beii . - ionsible for abuse of that right. (Utah I 1.) 
 
 communication of thoughts and opinions invaluable right of 
 
 man. (Ark. II 6.) 
 
 No law to be passed restraining free expression of opinion. (Ore. 
 
 I 8.) 
 \,, | aw to be passed restraining free interchange of thought and 
 
 opinion. (Ind. I 9.) 
 
 Libel, >'• e Libel and Slandeb. 
 
 Right to Maintain Religious Opinions, See Religion. 
 
 I lit EDOW OF SPl I < II 
 
 Declaration of Right 
 
 Freedom of speech and debate in legislature, See Legislature — 
 
 Members. 
 
 Freed of speech to be held sacred. (Miss. Ill 13.) 
 
 People have rigid to freedom of speech concerning transactions 
 
 of government. (Vt. I 13.) 
 
 Bverj person may speak on all subjects, being responsible for 
 
 abuse of that Liberty. (Ala. 1 1; Colo. II 10; Ga. I Sec. I 
 
 15; Iowa I 7 ; La. 3 ; Tex. I 8.) 
 
 e; inserts " freely" before "speak' ? . (Ariz. II 6; Fla. D.R. 
 
 13; Ida. Ml; 111. If 4: Kan. B.R. 11; Ky. 8; Me. I 4; Mich. 
 
 II I: Minn. I 3; Mo. II 14; Mont, III 10; Nebr. I 5; N.J. 1 5; 
 
 V.M. II 17: X.D. 1 !>: Okla. II 22; S.D. VI 5; Wash. I 5; Wis. 
 
 I 3; Wyo. I 20.) 
 
 Everj citizen may freely speak on all subjects, being responsible 
 
 ibuse of that right. (Cal. I 9 : Conn. I 5; Nev. I 9; N.Y. 
 
 I B; Ohio 111: Pa. I 7: Trim. 1 19; Va. I 12.) 
 
 tizens of -late ought to be allowed to speak on all subjects, 
 
 being responsible for abuse of thai privilege: (Md. D.R. 40.) 
 
 Restrictions on Legislation 
 
 9 \<> be passed restricting right to speak freely on any sub- 
 l"it for abuse of that righl every person to be responsible. 
 
 (Ind. I 0; Ore. I 8.) 
 •,- },, i„. passed impairing freedom of speech. (Colo. II 10; 
 
 Mo. II 14; Mont. Ill 10.)
 
 Index Digest 701 
 
 FREEDOM OF SPEECH AND PUBLICATION (Cont'd) 
 
 Freedom of Speech (Cont'd) 
 
 Restrictions on Legislation (Cont'd) 
 
 No law to be passed to curtail or restrain liberty of speech. 
 (Ala. 1 4; Conn. 16; Ga. I Sec. I 15; La. 3,j 
 
 Same; omits "or restrain". (Tex. I 8.) 
 
 No law to be passed to restrain or abridge liberty of Bpeecb. 
 (Cal. I 9>; Fla. D. R. 13; Iowa 1 7; Mich. 11 4; Nev. I 9; 
 N.J. I 5; N.M. II 17; N.Y. I 8; Ohio I 11; Okla. II 22; Utah 
 
 1 15; Wis. 1 3.) 
 
 Same; omits '"restrain or". (S.C. I 4.) 
 
 Same; omits "restrain or"; legislature may provide for crim- 
 inal prosecutions and civil actions for libel or defamation of 
 
 character. (W.Va. Ill 7.) 
 Freedom of Writing and Publication 
 Declaration of Right 
 
 Freedom of press to be held sacred. (Miss. Ill 13.) 
 
 Liberty of press to be inviolate. (Ark. II G; Kan. B.R. 11; 
 
 Minn. I 3.) 
 
 Liberty of press ought to be inviolably preserved. (Md. D.R. 
 
 40; N.H. I 22.) 
 
 Liberty of press ought not to be restrained. (Mas*. Pt. 1 16; 
 
 Vt. I 13.) 
 
 Freedom of press one of great bulwarks of liberty and can never 
 be restrained but by despotic governments. (Va. I 12.) 
 
 People have right of writing and publishing their sentiments, 
 concerning transactions of government. (Vt. I 13.) 
 
 Press free to every citizen who undertakes to examine conduct of 
 men acting in public capacity. (Del. I 5.) 
 
 Press to be free to every person who undertakes to examine pro- 
 ceedings of legislature or any branch of government, and no 
 law to be made to restrain right thereof. (Ky. 8; Pa. I 7.) 
 
 Press to be free to every person to examine proceedings of legis- 
 lature or of any branch or officer of government; no law to be 
 made to restrain right thereof. (Tenn. I 19.) 
 
 Freedom of press ought never to be restrained, but every indi- 
 vidual to be held responsible for abuse of same. (N.C. I 20.) 
 
 Any person may publish his sentiments on any subject, being 
 responsible for abuse of that liberty. (R.I. I 20.) 
 
 Every person may freely and fully write and print on any sub- 
 ject, being responsible for abuse of that liberty. (Ky. 8.) 
 
 Every person may write or publish on all subjects, being respon- 
 sible for abuse of that liberty. (Ala. I 4; Colo. II 10; Ga. I 
 Sec. I 15; Iowa I 7: La. 3; Tex. I 8.) 
 
 Same; inserts "freely" before "write". (Ariz. II 6; Ark. II 
 6; Fla. D.R. 13; Ida, I 9; 111. II 4: Kan. B.R. 11; Me. I 4; 
 Mich. TI 4: Minn. I 3; Mo. II 14; Mont. HI 10: Nebr. I 5; 
 N.J. I 5; N.M. II 17; N.D. I 9; Okla. II 22; S.D. VI 5; Wash. 
 
 T 5; Wis. I 3; Wyo. I 20.) 
 
 Every citizen may freely write and publish on all subjects, being 
 responsible for abuse of that right. (Cal. I 9; Conn. I 5; 
 Nev. I 9; N.Y. I 8; Ohio I 11; Va. I 12.)
 
 State I Ionstitutions 
 
 FREEDOM OF SPEECH AND PUBLICATION (€o»*»*j 
 \\ i.i i in,, and I'i BU( atio.v (Cont'd) 
 laration of Right I nt'd) 
 
 en may fwelj write and print on any subject, being 
 sible for abuse of that liberty. (Pa. I 7; Term. I 19.) 
 \„\ citizen maj print on any subject, being responsible for abuse 
 
 of that liberty. (Del. I 5.) 
 
 t itizenfl of Btate ought to be allowed to write and publish their 
 
 sentiments on all subjects, being responsible for abuse of that 
 
 privilege. (Md. D.R. 40.) 
 
 Restrictions on Legislation 
 
 So law to be passed restricting right to write or print freely on 
 any subject; but for abuse of that right every person to be 
 
 responsible. (Ind. I 9; Ore. I 8.) 
 \,, !.,-,., ,,, be passed regulating or restraining freedom of press. 
 
 (Me. I 4.) 
 
 V. law to be passed to curtail or restrain liberty of the press. 
 
 ... | i; Oonn. 1 6; Ga. I See. I 15; La. 3; N.M. II 17.) 
 
 omits '■ or restrain ". (Tex. I 8.) 
 
 N,, !a\\ to be passed to restrain or abridge liberty of the press. 
 
 (Cal. 1 9; I'la D.R. 13; Iowa I 7; Mich. II 4; Nev. I 9; N.J. 
 
 1 5; N.M. 11 17: N.Y. I S; Ohio I 11; Okla. II 22; Utah I 15; 
 
 Wis. I 3.) 
 „•: omitB '• restrain or". (S.C. I 4.) 
 
 ,,-; .nun- " restrain or "; legislature may restrain publication 
 or Bale of obscene books, papers or pictures, and provide for 
 criminal prosecution and civil actions for libel or defamation 
 of character. (W.Va. Ill 7.) 
 
 FUND COMMISSIONERS, STATE" BOARD OF 
 
 • I of secretary of state, treasurer and commissioner of state land 
 office. If latter office abolished another state officer designated by law 
 
 as member of board. (Mich. VI 20.) 
 GAMBLING 
 
 Lotl -■ ■' l."l 1UUKS. 
 
 egislature !•> enact laws to suppress. (La. 188.) 
 
 ng and other forms of, prohibited. Legislature t.o enforce by 
 
 law. (Del. II 17.) 
 ling, bookmaking <>r any kind of gambling not to be allowed or 
 authorized; legislature to pass laws to prevent offenses. (N.Y. I 9.) 
 selling, bookmaking <>r gambling not to be authorized or allowed; 
 ibling device, practice or game of chance now prohibited by law 
 to be legalized, nor remedy, penalty or punishment now provided 
 to be diminished. I N..1. IV Sec. VII 2.) 
 iwful for pel ion holding office of honor, trust or profit to engage in 
 ■ i betting on games of chance, and on conviction office to 
 an! as in case of resignation or death. (S.C. XVII 8.) 
 Mature t,> prohibit fictitious buying and selling of shares of corpora- 
 in any ,-i,„k board, -lock exchange or stock market under control 
 of ii, ,ii or association. Contracts for purchase or sale of 
 
 ■hares of anj corporation Or association without intention on part of
 
 Index Digest 708 
 
 GAMBLING {Cont'd) 
 
 one party to deliver and of the other party to receive the shares', and 
 contemplating merely payment' of differences between contract and 
 market prices, to be void and neither party entitled to recover damages 
 for failure to perform, or money paid thereon. (Cal. IV 26.) 
 Dealing in futures on agricultural products or articles of necessity 
 declared to be against public policy and legislature to suppress it, 
 
 (La. 189.) 
 GAME, See Fish and Game. 
 
 GARNISHMENT 
 
 Current wages for personal service not subject to. (Tex. XVI 28.) 
 
 GAS COMPANIES 
 
 For provisions relating to all public service corporations. See Public 
 
 Service Corporations. 
 For provisions relating to all corporations, See Corporations. 
 Gas works " not to be erected without consent of local authorities con- 
 trolling street or public places to be occupied. (S.C. VIII 4.) 
 For consent of local authorities in cities or towns, See the subhead 
 
 Public Utilities under the specific title. 
 Legislature shall regulate charges; no state officer concerned with regu- 
 lation to be selected by corporation or to be officer or stockholder 
 
 thereof. (Cal. IV 33.) 
 Taxation 
 
 See Taxation — Objects and Kinds of Taxation — Corporations. 
 See Taxation — Objects and Kinds of Taxation — Public Utili- 
 ties. 
 See Taxation — Local Taxes — Authority. 
 See Taxation — Exemptions — Public lTtilhtes. 
 
 GOVERNMENT, THEORY OF 
 Arbitrary Power 
 
 Absolute and arbitrary power exists nowhere in republic, not even 
 
 in largest majority. (Ky. 2; Wyo. I 7.) 
 Doctrine of non-resistence against arbitrary power absurd and 
 slavish. (Md. D.R. fi; N.H. I 10; Tenn. I 2.) 
 
 Distribution of Powers, See Distribution of Powers. 
 Fundamental Principles 
 
 Adherence to frugality essential to preserve liberty and free govern- 
 ment. (S.D. VI 27; Vt. I 18; Va. I 15; W.Va. Ill 20; Wis. I 22.) 
 Adherence to industry essential to preserve liberty and free govern- 
 ment. (N.H. I 38; Vt. 1 18.) 
 Adherence to justice essential to preserve liberty and free govern 
 ment. (Mass. Pt. I 18; S.D. VI 27; Va. I 15; W.Va. Ill 20; Wis. 
 
 I 22.) 
 Adherence to moderation essential to preserve liberty and free gov- 
 ernment. (X.H. I 38; S.D. VI 27; Va. I 15; W.Va. Ill 20; 
 
 Wis. I 22.) 
 Adherence to pietv essential to preserve liberty and free government. 
 
 (Mass. Pt. I 18.)
 
 - \,! ( m.\-HTI TIO.XS 
 
 60VER1 -. THEORY OF [Cont'd) 
 
 am iples [Cont'd) 
 
 temperance essentia] to preserve liberty and free 
 VII. i 38; S.D. VI 27; Va, I 15; W.Va. Ill 20; 
 
 Wis. I 22.) 
 • . virtue essential to preserve liberty and free government. 
 Va. I L5; W.Va. Ill -Jit: Wis. I 22.) 
 
 essentia] to preserve liberty and free govern- 
 or!/. 11 L; 111. H 20; N.ll. I 38; N.C. 1 2!>; S.D. VI 27; 
 [27; \ a. I 15; Wash. 1 32; Wis. I 22.) 
 .m. Righ i - of People 
 
 in.l principles expressed In bill of rights shall be established, 
 
 intained and preserved and be of paramount obligation in all 
 
 ndicial and executive proceedings. (R.I. Preamble.) 
 
 ation of rights in this constitution not to be construed to 
 
 denj or impair othei -. retained by and inherent in people. (Minn. 
 
 I 1G; Miss. Ill 32.) 
 
 ition of certain rights not to impair or deny others retained 
 
 (Ala. I 36; Ariz. U 33; Ark. II 29; Cal. I 23; Colo. 
 
 II 28; Kla. D.I!. 24; Ida. 1 21 : Iowa I 25; Kan. B.R. 20; La. 15; 
 
 !4; Md. D.R. IV Mo. 11 32; .Mont. Ill 30; Nebr. I 26; Nev. 
 
 V.I. I 2i°j N.M. II 23; -V.C. I 37; Ohio I 20; Okla. II 33; 
 
 Ore. 1 33; R.I. I 23; Utah I 25; Wash. I 30; Wyo. I 36.) 
 
 The rights found in this bill of rights shall not be construed to 
 
 limit other rights of the people not herein expressed. (Va. I 17.) 
 
 erything in bill of rights is excepted out of general powers of 
 
 > eminent and .-hall forever remain inviolate. (Ala. I 36; Ark. 
 
 II 29; Ky. 26; VI). I 24; Pa. I 26; Tenn. XI 16; Tex. I 29.) 
 
 We declare that everything in bill of rights is reserved out of 
 
 neral powers of government hereinafter mentioned. (Del. I 19.) 
 
 Enumeration of rights in constitution not to be construed to deny 
 
 to people inherent rights they have hitherto enjoyed. (Ga. I 
 
 Sec. V 2.) 
 Poi mi \i. Righ is of People 
 
 jht to govern themselves as free sovereign and independent 
 
 state. , (N.M. II 3.) 
 
 flit to govern themselves as free, sovereign and independent 
 
 • and to have every power not expressly delegated to the United 
 
 n Congress assembled. (.Mass. ['{. I 4; N.H. I 7.) 
 
 ■ founded on authority of people. (Conn. I 2; Utah I 2.) 
 
 ment originates with people. (La. 1; Md. D.R. 1; N.C. I 2; 
 
 Ore. I 1.) 
 
 I inherent in people. (Ala. I 2; Ariz. II 2; Cal. I 2; 
 
 ! Conn. I 2; Del. Preamble; Fla. D.R. 2; Ga. I Sec. I 1; 
 
 i Ind. I L; Kan. B.R 2; Ky. 1; Mich. II 1; Minn. I 1; 
 
 111 ■"'• Mo. Ill: .Mont. Ill 1; Nev. I 2; N.J. I 2; N.M. II 2; 
 
 I Ore. I I; S.C. I 1; S.I). VI 26; Tenn. I 1; Tex. I 2; Va. 
 
 I 1 I W.V. II 2. Ill 2; Wyo. I 1.) 
 
 Political power derived from people. (N.C. I 2; S.D. VI 1.) 
 
 ivea its just powers from consent of governed. (111. 
 
 II 1; Nebr. I 1; Wis. I 1.)
 
 Index Digest 705 
 
 GOVERNMENT, THEORY OF (Cont'd) 
 Political Rights of People {Cont'd) 
 
 May institute or change government, (('mm. I 4; Del. Preamble; 
 Iowa I 2; Me. 1 2; Md. D.R. (5; Mass. Pt. I 7; New I 2; N.D. 1 2; 
 Pa. I 2; P.I. I 1; W.Va. Ill 3.) 
 May institute or change government subject to preservation of repub- 
 lican form. (Tex. I 2.) 
 May institute or change government, provided such change be not 
 repugnant to constitution of United States. ( Colo. II 2 ; Mo. II 
 2; Mont. Ill 2; N. C. I 3; Okla. II 1.) 
 Right to change form of government. (Ala. I 2; Ark. II 1 ; Cal. I 2; 
 Conn. I 2; Colo. II 2; Fla. D.R. 2; Ga. I Sec. V 1; Ida. I 2; Ind. 
 I 1; Md. D.R. 1; Minn. I 1; N.H. I 10; N.J. I 2; Ohio I 2; Ore. I 
 1; S.C.'I 1; S.D. VI 26; Tenn. I 1; Utah I 2; Vt. I 7; Wyo. I 1.) 
 Right to change form of government, provided such .change be not 
 
 repugnant to constitution of United States. (Miss. Ill 6.) 
 Right to regulate internal government and police. (Ga. I Sec. V 1; 
 
 Md. D.R, 4; Mo. II 2; N.C. I 3; Vt. I 5; W.Va. I 2.) 
 Right to uniform government, and no other form of government 
 
 should be erected within the limits of the state. (Va. I 14.) 
 Not bound by any laws but such as they have authorized. (N.H. I 
 
 12; Vt. I 9.) 
 All powers not herein delegated remain with people. (Kan. B.R. 20; 
 
 Nebr. I 26; N.C. I 37; Ohio I 20.) 
 
 Declaration of political rights and privileges of people hereby 
 
 declared to be part of constitution; and ought not be violated on 
 
 any pretense. (Vt. II 67.) 
 Purpose of Government 
 
 Instituted solely for good of people. (Ga. I Sec. I 1; N.H. I 1; 
 
 N.C. I 2.) 
 Founded to protect individual rights. (Wa'sh. I 1.) 
 Protection of citizens in enjoyment of life, liberty and property; 
 
 more than this, usurpation. (Ala. I 35.) 
 Principal office of government to give security to life, liberty and 
 enjoyment by people of gains of their own industry. (Mo. II 4.) 
 
 Relation of State to Federal Government 
 
 See also United States. 
 
 Supremacy of federal constitution, See Constitution of United 
 
 States. 
 
 State inseparable part of Union. (Cal. I 3; Ida. I 3; N.M. II 1; 
 N.D. I 3; Okla. II 1; S.D. VI 26; Utah I 3; W.Va. I 1 ; Wyo. I 37.) 
 
 No power to dissolve connection with Union. (Fla. D.R. 2; Miss. 
 
 Ill 7; Nev. I 2; N.C. I 4.) 
 
 People of state right of governing themselves as a free sovereign and 
 independent state and to enjoy every power which is not or may 
 not be expressly delegated to the United 'States of America in 
 Congress. (Mass. Pt. I 4; N.H. I 7.) 
 
 Government of United States, one of enumerated powers, and all 
 powers not delegated to it nor inhibited to the states, reserved 
 to states or people thereof; among which is exclusive regulation 
 
 23
 
 I 'oNSTriTTIOKS 
 
 Gu. • KMT, THEORY OF [Cont'd) 
 
 , Fedj ,:\i. Govebnmbnt {Cont'd)) 
 . mm. nt and police; solemn duty of all departments 
 ,,„. »ted by the constitution to guard and protect 
 
 reserved rights. (W.Va. I 2.) 
 
 Suj an d independents subject only to constitution of United 
 
 !,., preservation of state necessary to indestructible union. 
 
 1M0. II 3; Tex. II.) 
 uin. hai dom and Independence 
 AH \,k. II :S: Conn. I 1; Fla. D.R. 1; Ind. I 1; Kan. 
 
 I; \\( . I 1: Ore. I 1; Wyo. I 2.) 
 All men equally free. (Mont. Ill 3; N.M, II 4.) 
 Ml men free and equal. (Ida. 1 1; Iowa I 1; Ky. 1; Mass. Pt. I 1 ; 
 
 Nev. I 1.) 
 All men free and independent. (Cal. I 1; 111. II 1; Nebr. I 1; N.J. 
 
 I 1; Ohio I 1.) 
 
 All men equally free and independent. (Ala. I 1; Ark. II 2; Me. 
 
 I 1 : Nil. 1 I '; X.D. I 1; Pa. I 1; Vt. II; Va. 1 1 ; W.Va III 1; 
 
 Wis. II.) 
 Right ro Life, Libert* and Property, See Life, Liberty and Property. 
 
 ^■•. \l. ( OMPA< I 
 
 Government founded on compact. (Md. D.R. 1.) 
 
 Men entering society cannot by compact deprive their posterity of 
 
 inherent rights. (Va. I 1; W.Va. Ill 1.) 
 When men enter state of society they surrender some of their natural 
 limits in order to secure protection; without such equivalent 
 
 surrender void. (N.H. 13.) 
 GOVERNOR 
 
 I nder this heading arc digested those provisions which specifically refer 
 in this officer. For provisions relating to all officers awl hence to this 
 
 one, See Public Officers, 
 Ac« ■•• NTS 
 
 ["o legislature, statement with vouchers of money belonging to state 
 
 ate! paid nut by him. (Colo. IV 8; Ida. IV 8; Mont. VII 10.) 
 To legislature, ami accompany message with statement, of all moneys 
 ed and paid out by him from funds subject to his order, with 
 vouchers, i 111. V 7: Nebr. V 7; Tex. IV 9; W.Va. VII 6.) 
 To legislature, as prescribed by law, for all moneys received and paid 
 
 nut by him or by his order. (Ala. V 123.) 
 To legislature, as prescribed by law. for all moneys received and paid 
 nut bj him from funds subject to his order, with vouchers. (Mo. 
 
 V 10.) 
 
 APPOI \\ i I IKil | ( (IMIKMATIiiN 
 
 l1, ' ;/ ' lat ■ s of officers; for provisions as to appoint- 
 
 ■ <•! public officers generally, See Public Officers. 
 
 • ry gen< rally the power to fill vacancies, as to this. 
 1 '■ On i' i B8. For his power to fill a vctcancu in any par- 
 '" ■''■■ of offices, Bee the specific title. 
 
 public (Ala. VI Kisi; his own staff, as provided by law 
 when acting in service of United States to appoint
 
 Index Digest 707 
 
 GOVERNOR (Cont'd) 
 
 Appointments Without Confirmation (Cont'd) 
 
 his staff (Ala. V 131) ; if company or regimfeirl iiegle$ to elect its 
 officers within time prescribed by law, governor may appoint (Ala. 
 
 XV 273). 
 Five' railroad commissioners. ( Cal. XII 22. ) 
 
 All general field and staff officers of militia; if any company fail to 
 elect its own officers within time prescribed by law, governor may 
 
 appoint. (Colo. XVII 3.) 
 All commissioned officers of state militia, including adjutant-general 
 
 for sdife. ( Flu. IV 16.) 
 Adjutant, quartermaster- and commissary-generals. (Ifrd. XII 2.) 
 Adjutant-general and his other staff officers. (Ky. 222.) 
 Board of charities and corrections. (La. 295.) 
 
 Adjutant-general, quartennaster-general, officers of militia, in case 
 of refusal or neglect of members to elect. (Me. VII 2, Amend. 28.) 
 Adjutant-general, brigadiers, field officers, captains or subalterns, if 
 electors fail to elect, governor to appoint, with * advice " of council. 
 
 (Mass. Pt. II Ch. II Sec. I 10.) 
 Commissioners to compile laws. (Mich. V 40.) 
 
 Adjutant-general and other staff officers to commander-in-chief. 
 
 CUiss. IX 219.) 
 
 Adjutant-general, quartermaster-general and his other staff officers 
 
 (Mo. XIII 6) ; if any company or regiment neglect to elect officers 
 
 within time prescribed by law or by order of the governor, governor 
 
 may appoint (Mo. XIV 3). 
 
 All militia officers whose appointment not otherwise provided for in 
 
 constitution ( X.J. VII Sec. 19); if electors of militia officers refuse 
 
 or neglect to elect governor may appoint and fill vacancies caused by 
 
 such refusal or neglect (X.J. VII Sec. 17). 
 
 Intermediate court of apjjeals, designate judges and presiding officer 
 
 from judges of general trial court (X.Y. VI 2) ; chiefs of several 
 
 staff departments, his aides-de-camp and military secretary (X.Y. 
 
 ' XI 4). 
 Two civilian members of board of pardons. (X.D. Ill 76.) 
 Adjutant-general, quartermaster-general and such other staff officers 
 
 as may be provided for by law. ( Ohio IX 3. ) 
 Adjutant-general and other chief officers of general staff, and his own 
 
 staff. (Ore. X 3.) 
 Adjutant-general and his other staff officers. (Tenn. VIII 2.) 
 Secretary of civil and military affairs. (Vt. II 21.) 
 
 Appointments Subject to Confirmation 
 
 Here are listed special classes of officers; for provisions as to appoint- 
 ment of public officers generally, See Public Officers. 
 The governor has very generally the power to fill vacancies, as to this, 
 See Public Officers. For his power to fill a vacancy in any partic- 
 lar office or class of offices, See the specific till' . 
 By Legislature in Joint Session 
 
 Members of state corporation commission. (Va. XII 155.)
 
 Stat] Constitutions 
 
 governor I 
 
 AnOUmOSTS SUBJBCT K) ' "M ikmatio.n [Cont'd) 
 By Majority of All Members Elected to Senate 
 
 etarj oi state (Del. Ill 10) ; commissioners of agriculture 
 (Del. XI 3 ; chief justice, associate judges and chancellor of 
 state | Del. IV 3) ; justices of the peace, and judges of inferior 
 . jtabliahed by Legislature (Del. IV 32). 
 By Two-thirds of All Members of Senate 
 
 ,t.iiA of -taic attorney-general, superintendent of public in- 
 struction. (Pa. IV 8.) 
 By Two-thirds of Senate 
 
 tries public, i Tex. IV 20.) 
 By Senate 
 
 istees of Alabama Polytechnic Institute (Ala. XIV 266) ; gen- 
 eral officers of militia (Ala. XV 276). 
 e examiner. (Ariz. XXII IS.) 
 Members of state board of prison directors. (Cal. X I.) 
 Members of Bta-te board of land commissioners. (Colo. IX 9.) 
 Judges «'i general trial court ( Fla. V 8); judges of criminal 
 iirts (Fla. V 24); state's attorney in each judicial circuit 
 i Fla. \ 15) j prosecuting attorney for each county criminal 
 irt of record I Fla. V 27) : major-generals and brigadier-gen- 
 erals pi militia (Fla. XIV 3). 
 omissioner of immigration, labor and statistics (Ida. XIII 1) ; 
 directors of insane asylum ( Ida. X 6). 
 Justices of peace in city of Chicago (on recommendation of 
 
 judges). (111. VI 28.) 
 - of such benevolent institutions as may be created. (Kan. 
 
 VII 1.) 
 
 Examiner of state banks (La. 194): board of agriculture and 
 
 : ation, one member from each congressional district (La. 
 
 307). 
 ■Mil. II 22) ; commissioner of land office (Md. 
 \ II 1) ■ state librarian (Md. Vif 3") ; chief justice (from mem- 
 iurt) l Md. IV 14) ; justices of the peace (Md. 
 IV 42) ; adjutant-general (Md. IX 2) : military officers of state 
 whose appointment or election not otherwise provided for by 
 constitution, unless different mode of appointment prescribed 
 -'. creating offii e I Md. II 10). 
 librarian: notaries public. (.Minn. V 4.) 
 Judges of h general trial court and chancery court 
 
 (Miss. \l 145, 153); boards of levee cornmissiohers (Miss. 
 i : major-general arid brigadier-general (Miss. IX 218) ; 
 militia, excepl non-commissioned officers (may be 
 ted if legislature so determines) (Miss. IX 216). 
 ■ M,:r board of curators of state university (Mo. XI 5); 
 
 major-generals and brigadier-generals (.Mo. XIII 6). 
 
 examiner (Mont. VI] S) : eight out of 11 members of 
 at. board of education (Mont. XI 11) ; commissioner of agri- 
 culture, Labor tod industry (Mont. XVIII 1).
 
 Index 1 )k ; i:s r 709 
 
 GOVERNOR (Cont'd) 
 
 Appointments Subject to Confirmation %CtMil'd) 
 By Senate (Cont'd) 
 
 Judges of highest court, chancellor, judges of intermediate courts 
 of appeal and of inferior court of common pleas (X.J. VII Sec. 
 II 1 ) ; attorney-general, prosecutors of pleas, clerk of inter- 
 " mediate court of appeals, clerk of chancery court, secretary of 
 state, keeper of state prison (N.J. VI] See. II 4) ; major-gen- 
 erals, adjutant-general and quartennasU'r-general (X.J. VII 
 
 Sec. I 5). 
 
 Mine inspector (N.M. XVII 1) ; five of seven members of board of 
 education (X.M. XII 6) ; members of boards of penitentiary at 
 Santa Fe, Miners' Hospital of Xew Mexico, New Mexico Insane 
 Asylum, Xew Mexico Reform School (X.M. XIV). 
 
 Superintendent of public works (X.Y. V 3) ; superintendent of 
 state prisons (X.Y. V 4) ; members of state board of charities, 
 state prison commission and state lunacy commission (X.Y. 
 VIII 12) ; major-generals (X.Y. XI 4). 
 
 Commission to dispose of surplus business of supreme court ( Ohio 
 IV 22) ; trustees of state institutions (question taken by yeas 
 and nays and entered on journal) (Ohio VII 2). 
 
 Bank commissioner. (Okla. XIV 1.) 
 
 Magistrates (S.C. V 20) ; regents and superintendent of state hos- 
 pital for insane (S.C. XII 2) ; such staff officers (other than 
 adjutant and inspector-general) as legislature may direct (S.C. 
 
 XIII 4). 
 
 Members of state board of charities and corrections, and state 
 board of education. (S.D. XIV 2, 3.) 
 
 Secretary of state (Tex. IV 21) ; members of board of prison com- 
 missioners ( Tex. XVI 58 ) . 
 
 Members of board of prison directors (Va. XI 148) ; commissioner 
 of state hospitals for insane (Va. XI 152) ; members of boards 
 of directors for each state hospital for insane (Va. XI 149). 
 
 Regents, trustees or commissioners of educational, reformatory 
 and penal institutions and those for benefit of blind, deaf, dumb 
 or otherwise defective youth, or for insane and idiotic, and such 
 other institutions as public good may require; question taken 
 by yeas and nays and entered on journal. (Wash. XIII 1.) 
 
 State examiner (Wyo. IV 14) ; state engineer (Wyo. VIII 5) ; 
 inspector of mines (Wyo. IX 1) ; state geologist (Wyo. IX 6). 
 
 By Council 
 
 Judicial officers (except judges and registers of probate), judges 
 of police and municipal courts, coroners and notaries public. 
 
 (Me. V Pt. I S. VI 7, 8.) 
 Judicial officers, solicitor-general, coroners, notaries public. 
 
 (Mass. Pt. II Ch. II Sec. I 9. Amend. IV.) 
 "Advice " of council necessary to appointments by governor of 
 brigadiers, field officers, captains and subalterns of militia, if 
 electors fail to elect. (Mass. Pt. II Ch. II Sec. I 10.) 
 Judicial officers, attorney-general, coroners and all officers of navy 
 and general and field officers of militia. (X.H. II 45.)
 
 g , t '..wriT-noss 
 
 GOVERNOR ' 
 
 PBBSC3HBBD BT Law 
 ma3 pr0 vide for appointment by governor or election by 
 qualified electors of couaty, of a prosecuting attorney for any 
 ..,„ provides for election of an officer for circuit pre- 
 ibed bj legislature). (Ala. VI 167.) 
 
 , M( . amotml of money that may come into hands, 
 
 | no* less than $50,000; sureties, and approval "thereof", and 
 
 . of penalties, as may be prescribed by law. (Xebr. V 25.) 
 
 S) receives or agrees to receive bribe to influence offi- 
 
 .,,„,,,„ or action, or promises influence in return for vote or 
 
 influence of member of legislature, or menaces member by threaten- 
 
 veto, or offers Of promises member to appoint person to 
 
 r threatens to remove any person from office, in consider- 
 
 .,,- influence Of member, he shall be punished as pre- 
 
 ibed bj law. and on conviction forfeit right to hold office of 
 
 trusl or honor in state. ( S.D. HI 81; S.D. IV 11; Wyo. IV 10.) 
 
 m. Assistants 
 salary for clerical service to exceed $1,800 for each clerk. (Cal. 
 
 V 19.) 
 Fifteen hundred dollars allowed for private secretary. (Colo. V 30.) 
 May appoint no! exceeding two secretaries, and may provide such 
 other clerical force as may lie required in office, but total cost of 
 secretaries and clerical force not to exceed $6,000 a year. (Ga. V 
 
 Sec. I 19.) 
 Ma\ appoint military secretary to hold office during his pleasure or 
 
 until his term expires. (N.Y. XI 4.) 
 May appoint Becretarj of civil and military affairs "during pleasure, 
 whose services he may at all times command"; compensation to be 
 provided by law. (Vt. II 21.) 
 
 rSATIOH 
 
 Salary 
 
 i in i'/,,//),r salary fixed man &e changed by law, See below, 
 
 this subdivision . I m i; i:\sk or Decrease. 
 Fixed bj law. (Ala. V L18; Colo. IV 19; Conn. IV 4; Del. ni 7; 
 111. V 83; lad. V ±2: Kan. I 15; Ky. 74; Me. V Pt. I 6; Mass. 
 I't. M Ch. II Sec. I 13; Minn. V 5; Miss. V 118; Mo. V 24; 
 N.I I. II .VT: N..I. V 5; X.C. 111 15; Ohio III 19; R.I. VII 11, 
 A.ncd. \l 1: S.( !. IV 13; Tcnn. Ill 7; W.Va. VII 19.) 
 1,500. (Ore. XIII 1.) 
 
 -'. i Utah VII 20.) 
 
 i Xcbr. V 24; S.D. XXI 2; Wyo. IV 13.) 
 
 Fixed al $3,000. (Ga. V Sec. I 2; Ida. IV 19; N.D. Ill 84.) 
 Fixed al $3,500. (Ark. Sched. 28; Fla. IV 29.) 
 I ixed al $4,000. (Ariz. V 13,; Wash. Ill 14.) 
 Fi 1,000 " and ao more". (Tex. IV 5.) 
 I ft< $4,{ i \ld. II •!]; pkla. Sched. 15.)
 
 Ixdex Digest 711 
 
 GOVERNOR (Cont'd) 
 
 Compensation {Cont'd) 
 Salary (Cont'd) 
 
 Fixed at $5,000. (Colo. V 30; Mich. VI 21; Mont. VII 4; N.M. 
 
 V 12; Va. V 72; Wis. V 5.) 
 Fixed at $7,500, after third Monday of May, 1915. (La. 65 
 
 (1914).) 
 Fixed at $10,000. (Cal. V 19; X.Y. IV 4.) 
 
 Increase or Decrease 
 In General 
 
 Allowed. (Ariz. V 13; Ida. IV 19; Mont. VII 4; X.D. Ill 
 
 S4; Okla. Sched. 15; Utah VII 20; Wyo. IV 13.) 
 Allowed by law passed by two-thirds vote of both brandies of 
 
 legislature. (Ga. V Sec. I 2.) 
 Allowed after eight years from adoption of constitution. 
 
 (Fla. IV 29.) 
 Allowed after 10 years from date of admission as state. 
 
 (KM. V 12.) 
 Allowed, but total not to exceed $4,000. (Ark. XIX 11.) 
 Increase allowed, but total not to exceed $3,000. (S.D. 
 
 XXI 2.) 
 Increase allowed, but total not to exceed $6,000. (Wash. 
 
 Ill 14.) 
 Increase prohibited. (Mich. VI 21; Tex. IV 5.) 
 May be diminished; but not increased. (Cal. V 19.) 
 During Term 
 
 Increase during term of office prohibited. ( Mont. VII 4. ) 
 Decrease prohibited during term for which elected. (R.I. 
 
 VII 11.) 
 Prohibited during continuance in office. (Me. V Pt. I 6.) 
 Prohibited during official term. (Ark. XIX 11; Colo. IV 19; 
 
 111. V 23; Miss. V 118; Mo. V 24; W.Va. VII 19.) 
 Prohibited during period for which elected. (Ala. V 118; 
 Cal. V 19; Del. Ill 7; Ga. V Sec. I 2; Ind. V 22; Kan. I 
 15; N.J. V 5; X.Y. X 9; N.C. Ill 15; X.D. Ill 84; Ohio 
 III 19; Okla. VI 34; S.C. IV 13; Tenn. Ill 7; Wyo. IV 13.) 
 Prohibited to extent that it affects salary during term. (Ida. 
 
 IV 19, V 27.) 
 Prohibited to extent that it affects salary during term, unless 
 vacancy occurs, in which case successor to receive only sal- 
 ary provided by law at time of election. (Utah VII 20.) 
 Compensation not to be varied so as to take effect until after 
 election after passage of law establishing such compensa- 
 tion. (Conn. IV 4.) 
 
 Compensation Other Than Salary 
 
 Not to receive any pension or salary from any other state, or 
 
 government or power. ( Mass. Pt. II Ch. VI 2. ) 
 No other emolument than salary to be received from state or any 
 
 other government. (Va. V 72.)
 
 7X2 Stat] Constitutions 
 
 GOVEKHOB I 
 
 I 
 nipensation Other Than Salary [Cont'd) 
 
 emolument than salary to be received from United 
 States or any foreign power. (Ga. V Sec. I 2.) 
 
 olument or allowance other than salary, prohibited. (NX. 
 
 III 15.) 
 Salary to be in fall for all traveling or other expenses incident 
 
 to duties. (Wis. V 5.) 
 - ,.\ to be iii full payment for all services rendered. (X.M. 
 
 V 12.) 
 ,r\ i.. be in full for all services rendered in official capacity or 
 
 employment during term of office. (Cal. V 19; Ida. IV 19; 
 
 Mont, VII 4; Utah VII 20.) 
 Compensation limited to salary. (Ark. XIX 11; 111. V 23; Ky. 
 
 96; Mo. \ 24; Nebr. V 24: X.M. V 12; X.Y. X 9; Okla. VI 
 
 34; W.Va. VII 19.) 
 Not to receive additional compensation beyond salary for services 
 
 rendered state in connection with internal improvement fund or 
 
 other interests belonging to state. (Ma. IV 29.) 
 Fees for performance of duties not to be received. (Ida. IV 19; 
 
 Mont. \ II I: X.M. V 12; Utah VII 20.) 
 
 - <>r perquisites for performance of duties not to be received. 
 (Ark. MX 11 : Cal. V 19; 111. V 23; Mich. VI 21; Mo. V 24; 
 Nebr. V 24; X.Y. X 9; Okla. VI 31; Ore. XIII 1 ; S.D. XXI 2; 
 
 W.Va. VII 19.) 
 
 - or perquisites for performance of duty connected with office 
 or for performance of additional duty imposed by law not to be 
 
 received. (Xev. XVII 5.) 
 Costs not to be received. (Ark. XIX 11; 111. V 23; Mo. V 24; 
 
 Nebr. V 24; Okla. VI 34; W.Va. VII 19.) 
 Interest mi public moneys in hands or under control, not to be 
 
 received to own use. (Xebr. V 24.) 
 Payment into treasury, See below, this title, Fees. 
 Expenses 
 
 Salary to In- in full for all traveling or other expenses incident to 
 
 duties. (Wis. V 5.) 
 
 islature may provide for actual and necessary expenses while 
 
 Ling in state in performance of official duty. (Ida. IV 19; 
 
 Utah VII 20. ) 
 
 Legislature may provide for payment of actual or necessary ex- 
 
 pensea incurred while in performance of official duty. (Ida. 
 
 V 27.) 
 are may provide contingenl fund, for which he must ac- 
 count. (Md. Ill 32.) 
 
 Clerical assistants, See above, this title, Clerical Assistants. 
 Payment 
 
 Montiih on own warrant (La. 65.) 
 
 I\ 19; Mont. \ II 4: Xev. XVIT 5; X.M. V 12; 
 
 Utah VII 20.)
 
 Index J)igest 713 
 
 GOVERNOR [Cont'd) 
 Contingent Fund 
 
 See also above, this title, Compensation — Expenses. 
 Legislature may provide; governor to account for. (Md. Ill 32.) 
 Council 
 
 Under this subhead are digested those provisions which specifically 
 refer to this body or its members. For provisions relating to all 
 public officers, and hence to councillors, See the tith Public 
 
 Officers. 
 Compensation 
 
 Compensation by such grant as legislature shall think reasonable. 
 
 (N.1I. II 57.) 
 Composition 
 
 Composed of secretary of state, auditor, treasurer and superin- 
 tendent of public instruction; three to constitute quorum. 
 
 (N.C. Ill 14.) 
 Seven councillors chosen biennially on first Wednesday in Janu- 
 ary by joint vote of legislature; not more than one councillor 
 to be elected from any senatorial district; if election not com- 
 pleted may be adjourned from day to day. (Me. V Pt. II 1, 
 
 2, IX 4.) 
 Eight councillors annually chosen by electors qualified to vote 
 for governor; election governed by same rule as election of 
 governor ; legislature after each state census to divide common- 
 wealth into eight districts of contiguous territory; each dis- 
 trict being entitled to one councillor. Lieutenant-governor to 
 be member except when chair of governor vacant. (Mass. 
 Amend. XVI, Pt. II Ch. II Sec. II 2.) 
 Five councillors elected biennially in month of November by free- 
 holders and other inhabitants in each county qualified to vote 
 for senators; if tie in any county legislature by joint ballot to 
 elect person from those in tie. If election not completed may be 
 adjourned from day to day. Legislature may divide state into 
 rive districts of nearly same number of population, each dis- 
 trict to elect a councillor in the same manner as in case of 
 election by counties. (X.H. II 59, 60, 65, 64.) 
 Governor, and in his absence lieutenant-governor, to be president, 
 but to have no vote. (Mass. Pt. II Ch. II Sec. II 2.) 
 Impeachment 
 
 Sre also Impeachment. 
 
 Councillors may be impeached for bribery, corruption, malprac- 
 tice or maladministration. (N.H. II 62.) 
 Meetings and Records 
 
 Meetings at discretion of governor. (Mass. Pt. II Ch. II Sec. I 
 
 4; Me. V Pt. II 1; X.H. II 61.) 
 Records kept by secretary of state and laid before either branch 
 
 of legislature on request. (Me. A" Pt. Ill 4.) 
 Resolutions and advice to be kept in register and signed by mem- 
 bers present; dissenting member may record his opinion; record 
 subject to call of either house of legislature. (Mass. Pt. II 
 Ch. II Sec. Ill 5; N.C. Ill 14.)
 
 -j 4. Stati Constitutions 
 
 GOVERNOR ' 
 
 Meetings and Records (Cont'd) 
 
 solutions and advice to be kept in register and signed by mem- 
 
 igreeing; dissenting member may record his opinion; 
 
 e , ailed for by eilher house of legislature. (Me. 
 
 V Pt. II 3; X.H. II 63.) 
 
 Oath of Office 
 
 Form prescribed; affirmation allowed to Quakers; administered 
 |.\ president of senate in presence of both houses. (Mass. Pt. 
 
 II Ch. VI 1.) 
 Form prescribed; affirmation allowed; administration in manner 
 
 prescribed by law. (X.H. II S3, 84.) 
 Administered to councillors by presiding officer of senate in 
 presi ace of both houses and if unable to attend during session 
 of Legislature administration may be by any justice of the 
 highest court during recess of legislature. (Me. IX 1.) 
 
 oath other than oath of allegiance and of office prescribed in 
 constitution to be required. (Mass. Amend. VII.) 
 Powers and Duties 
 
 ise governor in the executive part of the government. 
 (Me, \ Pt. II J; .Mass. Pt. II Ch. II Sec. Ill 1; X.H. II 59; 
 
 X.C. Ill 14.) 
 
 Governor, and majority of council to hold and keep council for 
 
 ordering and directing the affairs of state, according to law. 
 
 Me. \ Pt. 11 1; .Mass. Pt. II Ch. II Sec. I 4, Sec. Ill 1; 
 
 X.H. II 61.) 
 
 ing as governor if offices of governor and lieutenant-governor 
 
 are vacant. ( Mass. Pt. II Ch. II Sec. Ill 6.) 
 
 Advice necessary t<> adjourning, proroguing and convening of 
 
 legislature by governor. (.Mass. Pt. II Ch. II Sec. I 5, 6: X.H. 
 
 II 49.) 
 Governor and council to issue warrants for payments from treas- 
 ury. (Me. VPt. IV 4.) 
 Advice and consent necessary to warrants by governor for pay- 
 ments out of treasury (Mass. Pt. II Ch. II Sec. I 11; X.H. 
 
 II 55.) 
 Advice and consenf sessary to " issue "' and "disposal " of war- 
 rants b\ governor, of. (N.H. II 5.) 
 
 r and council to hear and determine all causes of mar- 
 
 ige, divorce and alimony and all appeals from judges of 
 
 until legislature makes other provision. (Mass. Pt. II 
 
 Ch. Ill 5.) 
 
 Advice I consent necessary to appointment by governor of 
 
 1 officers, coroners, notaries public and other civil and 
 u\ officers no1 otherwise provided for by constitution or 
 
 law. (Me. V Pt. I 8.) 
 nid eonsenl necessary to appointment by governor of 
 solicitor^general, coroners and notaries public. 
 (Mi M Mi. II Sec. I 9, Amend. IV.)
 
 Index Digest 715 
 
 GOVERNOR (Cont'd) 
 Council (Cont'd) 
 
 Powers and Duties (Cont'd) 
 
 Approval of majority necessary to appointment of judicial officers, 
 attorney-general, coroner, officers of the navy and general and 
 held officers of the militia. (X.H. II 4.3.) 
 
 Governor and council to have negative on each other in nomina- 
 tions and appointments. Every nomination and appointment 
 to be signed by governor and council, and every negative to be 
 signed by governor or council who made the same". (N.H. 
 
 II 46.) 
 
 Advice and consent necessary to filling of vacancy during recess 
 of legislature in office of secretary, treasurer, auditor or 
 attorney-general. (Mass. Amend. XVII.) 
 
 Advice and consent necessary to filling vacancies by governor in 
 office of judges and registers of probate. (Me. VI 7.) 
 
 Advice and consent necessary to filling of vacancy in council 
 during recess of legislature. (Mass. Amend. XXV.) 
 
 Advice and consent necessary to filling vacancy by governor in 
 office of attorney-general during recess of legislature. (Me. 
 
 IX 11.) 
 
 Advice necessary to filling vacancies by governor in offices in 
 militia, and to appointment by governor of officers of con- 
 tinental army. (Mass. Pt. II Ch". II Sec. I 10.) 
 
 Advice necessary to removal of officers by governor on address of 
 both branches of legislature. ( Me. IX 5. ) 
 
 Consent necessary to removal by governor of judicial officers on 
 address of legislature. (X.H. II 72.) 
 
 Advice and consent necessary to removal by governor of notaries 
 
 public. (Mass. Amend. IV.) 
 
 Governor and council to fix term of office of officers where not 
 
 otherwise provided. (Me. IX 6.) 
 
 Advice necessary to pardons by governor. (Mass. Pt. II Ch. II 
 
 Sec. I 8.) 
 
 Governor and council may punish by imprisonment persons guilty 
 of disrespect by disorderly or contemptuous behavior in their 
 presence, or person, who in town where sitting, threatens harm 
 to body or estate of any of members for anything said or done 
 in the council or who assaults any of them therefor, or who 
 assaults or arrests any witness or other person ordered to 
 attend the council in his going or returning or who rescues any 
 person arrested by order of the council ; but no imprisonment 
 for any of these offenses shall be for a term exceeding 30 
 days. (Mass. Pt. II Ch. I Sec. Ill 10, 11.) 
 
 May require opinion of justices of superior court on important 
 questions of law and on solemn occasions. (X.H. II 73.) 
 
 Governor and council may require opinion of highest court on 
 important questions of law, and on solemn occasions-. " (Mass. 
 
 Pt. II Ch. Ill 1.)
 
 716 STAT! I 0H8TITUTIOKS 
 
 GOVERNOR «W 
 
 Privileges 
 
 ncfllors privileged from arrest in same manner as senators 
 
 i representatives. I Me. V Pt. IT 2.) 
 incillors, in "civil arrangements" of state, to rank after 
 lieutenant-governor. (Mass. Pt. IT Ch. II Sec. Ill 3.) 
 Qualifications and Disqualifications 
 
 incillors to have same qualifications as senators. (N.H. II 
 
 60.) 
 Residence in state for five years preceding election necessary 
 ligible to office of councillor. (Mass. Amend. XVI.) 
 - on of freehold or of other estate not to be required as 
 qualification for seat. (Mass. Amend. XIII.) 
 ncilior ineligible to legislature. (X.II. II 94.) 
 uncillor not to be appointed to any office during term for 
 which elected. (Me. V Pt. II 4.) 
 Member of Congress or of legislature of this state, or person 
 holding "Hire under United States (post-officers excepted) or 
 civil officer under this state (justices of the peace and notaries 
 public excepted) cannot be councillors. (Me. V Pt. II 4.) 
 No judge (except of court of sessions) and no person holding 
 ..Hire under authority of United States (postmasters excepted) 
 shall, at the same time, hold office of councillor. (Mass. 
 
 Amend. VIII.) 
 Judge of highest court or judge of probate ineligible to coun- 
 cil and councillor ineligible to either of those offices; if 
 lie accepts office, seat in council vacant. (Mass. Pt. II 
 
 Ch. VI 2.) 
 Judge, secretary of state, treasurer, attorney-general, commis- 
 Bary-general and military officers receiving pay from "the 
 continent" or this state (excepting officers of militia occa- 
 Bionally railed forth on an emergency), registers of deeds, 
 officers of the customs, including naval officers, collectors of 
 excise and -tat.- and continental taxes hereafter appointed 
 and not having settled their accounts", and members of 
 i ongress or person holding office under United States, not to 
 hold at -ante time seat in council; hut election or appointment 
 to -u. h office and acceptance to operate as resignation from 
 council and vacancy to he filled. (X.II. II 94.) 
 Term of Office 
 
 from first Wednesday of January and until successors 
 
 qualify. (Mass. Amend. X.) 
 (Me. V Pt. IT 2: X.H. II 59.) 
 Vacancy in Office 
 
 ire try concurrent vote to choose person from same dis- 
 
 vacanqy during recess of legislature, governor, with 
 
 advice and consent of council, may fill. (Mass. Amend. XXV.)
 
 Index Digest 7 17 
 
 GOVERNOR (Cont'd) 
 Council {Cont'd) 
 
 Vacancy in Office (Cont'd) 
 
 In case of death, resignation, removal out of state, refusal to 
 
 accept office or election as governor or member of legislature 
 
 and acceptance of such olhee, to be filled hy election to be 
 
 called by governor. (N.H. II 61.) 
 
 Filled in same manner as original membership. (Me. V Pt. 
 
 II 2.) 
 Dual Office Holding, See beloto, this title, Qualifications and DIS- 
 qualifications. 
 Election 
 
 Under this subhead are digested those provisions which specifically 
 refer to this officer; for provisions relating to flections in general, 
 
 Se< fin title, Elections. 
 Electors 
 
 Qualified electors of state. (Ala. V 114; Ark. VI 3; Cal. V 2; 
 Colo. IV 3; Conn. IV I; Del. Ill 2; Fla. IV 2; Ida. IV 2; 
 Iowa IV 2; Kan. I 1; Ky. 70; Me. V Pt. I 2; Minn. V 1; 
 Mont. VII 2; Xev. V 2: X.J. V 2; X.C. Ill 1; N.D. Ill 74; 
 Ohio III 1; Ore. V 4; R.I. VII 1; S.D. IV 3: Tex. IV 2; Utah 
 VII 2; Va. V 70; Wash. Ill 1; Wis. V 3; Wyo. IV 3.) 
 
 Same as for senators. (N.H. II 41.) 
 
 Same as for members of lower house. (La. 62; Md. II 2; Pa. 
 
 IV 2; S.C. IV 2.) 
 
 Same as for members of legislature. (Ga. V Sec. I 3; Mass. Pt. 
 
 II Oh. II Sec. I 3; Tenn. Ill 2.) 
 
 Male citizens, 21 years and older (excepting paupers, per- 
 sons under guardianship, and persons temporarily or per- 
 manently disqualified by law because of corrupt practices at 
 elections), who have resided in state one year, and in town 
 or district six months before election. (Mass. Amend. 3, 40.) 
 
 Change of residence within state not to disqualify elector in 
 city or town from which he removed until six months from 
 removal. (Mass. Amend. XXX.) 
 
 Male citizens 21 years and over (except paupers, persons 
 under guardianship, and Indians not taxed) having residence 
 in state for three months before election; soldiers and sailors 
 not to gain residence by being stationed in state nor shall 
 students gain residence by attending at seminary of learning; 
 but residence not lost by absence from state on military serv- 
 ice of United States or of this state. (Me. II 1.) 
 
 Person receiving in any county or district the highest number 
 of votes, to be deemed to have received as many votes as 
 county or district is entitled to members in lower house. If 
 member of lower house apportioned to two or more counties 
 or districts, electoral vote based on such representative to be 
 equally divided among such counties or districts. (Miss. 
 
 V 140.)
 
 I lONSTETTTtlONS 
 
 GOVERNOR I 
 ■ 
 Time and Places 
 
 xibed by law. | W.Va. VII 2.) 
 
 ic for members of legislature. (Ala. V 114; Ark. VI 3; 
 
 Fl„ i\ j; [da. IV 2; Irud. V 3; Iowa IV 2; Kan. I 1; 
 
 Mont. \ II 2; »ev. V 2: X.C. Ill 1; N.D. Ill 74: N.J. V 2; 
 
 \ , : s.D. IV ::. Term; III 2: Tex. IV 2; Utah VII 2; 
 
 \a. \ 70; Wash. Ill 1; Wis. V 3; Wyo. IV 3.) 
 
 - ■• ,• as for members of lower house. (Cal. V 2; La. 62; N.Y. 
 
 IV 3.) 
 At general election. (Colo. IV 3; S.C. IV 2.) 
 At genera] biennial election. (Mich. VI 1.) 
 
 Fir-t Wednesday in October. 1880, and biennially thereafter 
 
 until otherwise provided by law: to be held at places for 
 
 holding general elections in counties in manner prescribed for 
 
 election of members of legislature. (Ga. V Sec. I 3.) 
 
 nnially in November. (N.H. II 41.) 
 
 V general election; place same as for members of lower house. 
 
 (Pa. IV 2.) 
 At general election in 1876 and every four years' thereafter. 
 
 (Mo. V 2.) 
 Every four years, at funeral election. (Del. Ill 2.) 
 
 - ond Monday of September biennially, except for citizens 
 absent from the state on military service (for whom provision 
 
 made in greal detail). (Me. II 4.) 
 Tuesday after first Monday in November. (Mass. Amend. XV.) 
 Biennially on first Tuesday after first Monday of November. 
 
 (Vt. II 35.) 
 'lit. ;ter first Monday in November, at places for voting 
 
 for member's of legislature. (Ohio III 1.) 
 
 Monday of November, 1867, and every fourth 
 
 year; place same as for members of lower house. (Md. II 2.) 
 
 'lit' i Monday of November, 1872, and every four 
 
 : hereafter. < 111. V •">. i 
 
 day after first Monday in November. 1S76. and biennially 
 
 thereafter. (Nebr. VI.) 
 Tuesday aft I Monday of November, 1886, and biennially 
 
 thereafter. (Conn. Amend. XXVII 1.) 
 Tuesdaj after fir's! Monday in November, 1805, and every four 
 
 years thereafter. (Ky. 05.) 
 
 Tui ' Monday of November. 1805. and every fourth 
 
 thereafter until changed by law; in counties and districts 
 
 created for election of members of lower house. (Miss. V 140.) 
 
 ■■ ward and district meetings on Tuesday after first 
 
 Mondaj in Novembetfj 1012, and biennially. (R.I. Amend. 
 
 XVI.) 
 Returns and Canvass 
 
 d I'' 'lions, fife* hrlnw, this subdivision, CONTESTED 
 
 Elections.
 
 I.VDEX DlQEST 710 
 
 GOVERNOR (Cont'd) 
 
 Election (Cont'd) 
 
 Returns and Canvass (Cont'd) 
 
 Elections in Case of Tie Vote, See below, this subdivision, 
 
 Tie Vote. 
 Canvassing Board 
 
 Until otherwise provided by law, abstract of returns to be 
 sealed and transmitted to secretary of state who, with 
 lieutenant-governor and attorney-general, constitutes a 
 board of canvassers; to meet at state capitol on second 
 Tuesday of December after election to proclaim result. 
 
 (Kan. I 2.) 
 
 Result of election determined by board of state canvassers, 
 composed of secretary of state, treasurer and commis- 
 sioner of state land office. If latter office abolished 
 another state officer designated by law as member of 
 
 board. (Mich. VI 20.) 
 
 Made to secretary of state, and canvassed by board com- 
 posed of secretary and two or more of judges of the 
 highest court and two disinterested judges of the district 
 courts; result declared within three days after canvass. 
 
 (Minn. V 2.) 
 
 Sealed and transmitted to seat of government, directed to 
 secretary of state; on third Monday of December after 
 election chief justice of highest court and associate 
 justices or a majority to meet at office of secretary of 
 state and open and canvass returns and declare result and 
 publish names. (ISTev. V 4.) 
 
 Sealed and transmitted to secretary of state, who, with 
 governor and chief justice, constitutes state canvassing 
 board to canvass and declare result of election. (N.M. 
 
 V 2.) 
 Lower House 
 
 Sealed and transmitted to seat of government, directed to 
 
 secretary of state and by him delivered to speaker of 
 
 house at next session of legislature within one day after 
 
 his election. Speaker on next Tuesday to open and publish 
 
 in presence of lower house, which shall count the vote of 
 
 each county and district. If tie in votes of county or 
 
 district, electoral vote to be considered as equally divided. 
 
 Person found to have received majority of all electoral 
 
 votes and also a majority of popular votes, to be elected. 
 
 (Miss. V 140.) 
 Joint Committee of Both Houses 
 
 Returns made by constable of each town to members of lower 
 
 house: at opening of legislature joint committee of both 
 
 houses appointed to canvass votes after being sworn. 
 
 Majority vote of people necessary to choice. (Vt. II 39.) 
 
 Both Houses 
 
 Sealed and transmitted to speaker who opens and publishes 
 in presence of both houses. (Ind. V 4; Iowa IV 3; Ore. 
 
 V 4.)
 
 Constitutions 
 
 GOVERNOR ' 
 ■ 
 Returns and Canvass (Cont'd) 
 
 Sealed and transmitted to speaker at commencement of 
 11, \t Bession of legislature, who opens in presence of both 
 houses; if person having highest number of votes is in- 
 eligible governor to be chosen by legislature. (Md. II 
 
 2, 3, 4.) 
 
 led and transmitted to president of senate, who opens 
 
 and publishes in presence of members of both houses. 
 
 (Pa. IV 2.) 
 led and transmitted to president of senate, or if vacancy 
 in his office or absence from state, to secretary of state 
 who keeps them until president of senate chosen to whom 
 they are immediately transmitted after election and who 
 opens and publishes in presence of members of both 
 In, uses. Duplicates of returns also immediately lodged 
 with elerk of court of each county. (Del. Ill 3.) 
 
 and transmitted to speaker who opens and publishes 
 in presence of majority of members of both houses. (N.C. 
 
 Ill 3.) 
 
 Sealed and transmitted to president of senate who opens 
 
 and publishes in presence of majority of members of both 
 
 houses. (Tenn. Ill 2.) 
 
 Sealed and transmitted to secretary of state who delivers 
 
 to speaker at first meeting of house, who opens and 
 
 publishes in presence of majority of members of both 
 
 houses. (Wash. Ill 4.) 
 Returns sealed separately and directed to president of senate 
 and Bpeaker of house and transmitted to secretary of 
 -tat,', who, without opening, lays them before senate on 
 day after two houses organized; transmitted by senate 
 i" house. Members of each house to convene and presi- 
 dent of senate and speaker to open and publish in 
 presence and under direction of legislature. -Majority vote 
 of people necessary to choice. (Ga. V Sec. I 4, 5.) 
 Sealed and transmitted to secretary of state in same manner 
 turns of votes for senators. Secretary of state on 
 ftrsl Wednesday of January to lay them before both 
 
 houses. (Me. V Pt. I 3.) 
 
 I Mailed provisions for sealing and transmitting to secretary 
 
 of -tate who lays (hem before senate and lower house on 
 
 the lir-t Wednesday of January. (Mass. Pt. II Ch. II 
 
 I 3, Amend. It); \.H. II 31, 41.) 
 
 iied provisions for transmitting to secretary of state. 
 
 to be counted by treasurer, secretary of state and 
 
 ■up! roller in month of April and laid before general 
 
 assembly on first day of session. (Conn. IV 2.)
 
 Index Digest 721 
 
 GOVERNOR (Cont'd) 
 Election (Cont'd) 
 
 Returns and Canvass (Cont'd) 
 Both Houses (Cont'd) 
 
 Sealed and transmitted to secretary of state who delivers 
 unopened to next legislature. Members of legislature 
 meet on first Thursday after assembling to canvass votes. 
 
 (La. 62.) 
 Sealed and transmitted to speaker, who, during first week 
 of session, opens and publishes in presence of both houses 
 of legislature. (Ark. VI 3; Cal. V 4.) 
 Sealed and transmitted to speaker of house, who, during 
 first week of session, opens and publishes in presence of 
 both houses in joint convention, but speaker's duty and 
 duty of joint convention to be purely ministerial. (Ala. 
 
 V 115.) 
 Until otherwise provided by law to be sealed and trans- 
 mitted to secretary of state, who delivers to speaker as 
 soon as chosen, who during first week of session opens 
 and publishes in presence of both houses. (Tex. IV 3.) 
 Sealed and transmitted to secretary of state who delivers 
 to speaker of house on first day of session. Speaker 
 within week thereafter opens in presence of majority of 
 
 each house. (Va. V 70.) 
 Sealed and transmitted to president of senate, who, dur- 
 ing first week of session, opens and publishes in presence 
 of majority of members of each house. If no session in 
 January after election, returns made to secretary of state, 
 and opened and result declared by governor, in manner 
 prescribed by law. (Ohio III 3, 4.) 
 Sealed and transmitted to seat of government, directed to 
 secretary of state, who delivers to speaker at next session 
 of legislature; duplicates filed with clerks of courts of 
 counties, who forward certified copy on notification that 
 returns previously forwarded have not been received. 
 Secretary of state delivers returns to speaker at next 
 session of legislature, and during first week or as soon 
 as legislature organized by election of presiding officers 
 speaker opens and publishes in presence of both houses. 
 
 (S.C. IV 4.) 
 Sealed and transmitted to speaker, who, immediately after 
 organization of house and before proceeding to other busi- 
 ness, opens and publishes in presence of majority of each 
 house. (111. V 4; Mo. V 3; Nebr. V 4; Okla. VI 5: W.Va. 
 
 VII 3.) 
 Sealed and transmitted to speaker, who, immediately on 
 organization of house and before proceeding to other busi- 
 / ness, opens and publishes in presence of majority of 
 
 members of both houses. (Colo. IV 3.)
 
 
 , t JoNSTmraoNs 
 
 GOVERNOR I 
 
 Returns and Canvass [Cont'd) 
 bed by Law 
 Returns made in manner prescribed by law. (Ida. IV I; 
 M,,,,, yil 2; N.D. HI 74: S.D. IV 3; Wis. V 3; Wyo. 
 
 IV 3.) 
 
 In Case of Election to Fill Vacancy, See below, this title, Suc- 
 cession to Office. 
 
 Failure to Elect 
 
 As to what officer acts during vacancy. See below, this title, 
 M3ION i" OKPICE — ObDBB OV SUCCESSION. 
 
 Failure to receive highest number of votes, See below, this sub- 
 division, Tie Vote. 
 Legislature, on organization, to meet in joint convention and 
 elect, by majority vote, person to fill the office, who shall serve 
 for lull term and until successor elected and qualified. (R.I. 
 
 Amend- XI 3, 7.) 
 Legislature to provide by general law what officer shall act 
 aa governor when failure to elect governor and lieutenant- 
 governor. (Vt. II 24.) 
 Failure to qualify. See below, this title, Succession to Office- 
 Cases in Which Successor Acts. 
 
 Contested Elections 
 
 Procedure in case of lie vote, See below, tliis subdivision, Tie 
 
 Vote. 
 
 Determined as prescribed by law. (Ida. IV 2; Mont. VII 2; 
 
 X.J. V 2.) 
 Legislature to prescribe by law manner in which all questions 
 
 concerning election shall be determined. (Conn. IV 2.) 
 .Ml questions in relation to eligibility of governor, and to returns 
 of election, and to number and legality of voters therein given, 
 iu I.,- determined by lower house. (Md. II 4.) 
 • i mined by both houses of legislature in joint session. (Tex. 
 
 IV 3.) 
 ied ''■;. legislature in manner prescribed by law. (Ala. 
 
 V 115; Ga, V Sec'! I 0; Ind. V 6; Iowa IV 5; Ky. 90; Ore. 
 
 Y 6; S.C. IV I: Tenn. Ill 2; Wash. Ill 4.) 
 
 Determined by boih houses of legislature by joint ballot in man- 
 prescribed l •> law. (Colo. IV 3; III. V 4; Mo. V 25; 
 N'ebr. V 1: N.<\ ill 3; Va. V 70; W.Va. VII 3.) 
 
 ined by members of both houses in joint session (except in 
 
 ■ i Bpecial election) at first session of legislature after 
 
 ion in which contest arises. (Ark. VI 4.) 
 
 - concerning^ vote of county or district to be decided by 
 
 ritj of whole number of members of lower house by a 
 
 a i>">- vote recorded in journal 1 . (Miss. V 140.) 
 
 ■ rrained by committee selected from both houses of legislature 
 
 and formed and regulated in manner prescribed by law; chief 
 
 justice of highest court to preside, and to decide on admis-
 
 Index Digest 723 
 
 GOVERNOR (Cont'd) 
 
 Election (Cont'd) 
 
 Contested Elections (Cont'd) 
 
 sibility of evidence, and. mi request of committee] to pronounce 
 opinions on questions of law. (Pa. IV 2, 17.) 
 
 Determined by joint committee consisting of one-third of all 
 members elected to each house to be selected by ballot of the 
 houses respectively. Every member of committee to take oath 
 or affirmation and committee to hold public sessions. Chief 
 justice, or if he is absent or disabled, chancellor shall preside 
 at trial of contested election, and decide questions regarding 
 admissibility of evidence, and on request of committee pro- 
 nounce opinion on questions of law. (Del. Ill 4.) 
 Tie Vote 
 
 Determined by lot as legislature may direct. (Kv. 70.) 
 
 Lower house to elect two out of four persons who had highest 
 number of votes; senate to elect one of such persons. (Mass. 
 Pt. II Ch. II Sec. I 3, Amend. 14.) 
 
 Lower house to elect two out of four persons who had highest 
 number of votes'; senate to elect one of such persons. If elec- 
 tions not completed may be adjourned from day to day. ( Me. 
 
 V Pt. I 3, IX 4, Amend. 23, 24.) 
 
 If no person has majority of votes, legislature by joint vote to 
 elect one of three candidates having highest number of votes. 
 
 (Vt. II 39.) 
 
 Legislature by joint vote at next annual session, forthwith to 
 elect one of persons in tie. ( X. Y. IV 3 ; Wis. V 3. ) 
 
 Legislature at next regular session to elect forthwith by joint 
 vote one of persons in tie. (Ariz. V 1:; Ida. IV 2; Mont. VII 
 2; X.D. Ill 74; Ore. V 5; S.D. IV 3; Utah VII 2; Wyo. IV 3.) 
 
 Legislature by joint vote to elect one of persons in tie. (Cal. V 
 4; Colo. IV 3; 111. V 4; Kan. I 2; Mo. V 3: Xehr. V 4; 
 Xev. V 4; X.M. V 2; X.C. Ill 3; Ohio III 3: Pa. IV 2; Tenn. 
 Ill 2; Va. V 70; Wash. Ill 4; W.Va. VII 3.) 
 
 Legislature by joint vote to elect one of persons in tie: majority 
 vote necessary to choice. (X..J. V 2; R.I. Amend. XI 3. 7.) 
 
 Legislature by joint vote to elect one of persons in tie: majority 
 of members elected necessary to choice. (Ark. VI 3.) 
 
 Legislature by joint ballot to choose one of persons in tie and 
 if two or more are still in tie president of senate to have 
 
 casting vote. (Del. Ill 3.) 
 
 Legislature by joint majority of senate and lower house, to ch", !-,• 
 one of persons in tie by viva voce vote; if tie then results 
 second vote to be taken con fined to the persons having equal 
 and highest number, and if vote is again equal election deter- 
 mined by lot among those who have highest and equal number 
 on the first vote. (Md. II 4.) 
 
 Legislature by joint vote without delay to elect one of persona 
 in tie. (Ala. V 115; Ind. V 5; Iowa IV 4; La. 62; Okla. VI 
 
 5; Tex. IV 3.)
 
 State < foNsrrrtJTioNS 
 
 GOVERNOR ' i''l 
 I'd) 
 Tie Vote [Cont'd) 
 
 Blature on Becdnd day of session by joint vote to elect with- 
 out debate one of persons in tie. (Conn. Amend. XXX.) 
 ielature by joinl vote, on first Wednesday of January, to elect 
 persons in tie; if election not completed may be ad- 
 
 I from day to day. (N.H. II 41, 65.) 
 
 gislature, dnririg same session, to elect by viva voce vote one 
 
 of persons in tie. (S.C. IV 4.) 
 If no person lias majority, legislature immediately to elect one 
 of two persons having highest vote: election by viva voce 
 vote, and majority of members present necessary to choice. 
 
 (Ga. V Sec. I 5.) 
 If no person receives majority of electoral votes and also ma- 
 jority of popular vote, lower house elects one of two persons 
 having highest number of popular votes. Election by viva 
 • vote recorded in journal. (Miss. V 141.) 
 To Fill Vacancy, See below, this title, Succession to Office. 
 Executive Mansion, >'-■■ belbio, this title, Residence. 
 
 ih is title. Compensation. 
 
 1"! 
 
 to whether fees may be received, See above, this title, Compensa- 
 tion '■ — Compensation Other Than Salary. 
 Fee and profits to be covered into treasury. (X.D. Ill 84; Wyo. IV 
 
 13.) 
 
 - payable by law to be paid in advance into treasury. (Ark. XIX 
 11; Colo. IV 19: 111. V 23: Mo. V 24; Xelir. V 24; W.Va. VII 19.) 
 
 - payable by law to be collected 1 in advance and deposited with 
 treasurer quarterly to credit of state. (Ida. IV 19; Mont. VII 4; 
 
 Utah VII 20.) 
 
 ! P U3SES, ETC. 
 
 During term of office not to accept, hold or use free pass nor pur- 
 chase, receive or accept transportation over railroad within state 
 for himself or family on terms not open to general public, and on 
 conviction to forfeil office, be guilty of felony and punished by fine 
 not more than $1,000 or by imprisonment in penitentiary not 
 less than one nor more than five years. (X.M. XX 14.) 
 
 IlfPEAl HMKM 
 
 /• this subhead are di nested those provisions which specifically 
 '■''■' or. 
 
 si<,, is as to impeachment generally, See the title, Impeach- 
 ment. 
 Grounds for 
 
 '•ahle to impeachmenl (grounds not stated). (Conn. IX 3; 
 R.I. M 3; S.C. W 3; Tex. XV 2.) 
 
 may provide by law for impeachment. (Md. II 7.) 
 Misdemeanor in office. (Cal. IV IS; Fla. Ill 29; 111. V 15; Kan. 
 
 II 28; Ky. 68; W.I. V 11; Ohio II 24; Pa. VI 3.) 
 Misdemeai nalfeasance in office. (Iowa III 20; Nev. VII 2.)
 
 Index Digest ~-'< 
 
 GOVERNOR (Cont'd) 
 
 Impeachment (Cont'd) 
 Grounds for (Cont'd) 
 
 High crimes, misdemeanors or malfeasance in office. (Ariz. VIII 
 
 l'i. II 2: Utah VI 19.) 
 High crimes and misdemeanors, or malfeasance in office. (Mont. 
 
 V 17: Wyo. Ill 18.) 
 High crimes or misdemeanors, or malfeasance in office. (Colo. 
 
 XIII 2; Wash. V 2.) 
 High crimes and misdemeanors and gross misconduct in office 
 
 I Ark. XV 1.) 
 High crimes or misdemeanors, and for misconduct, habits of 
 
 drunkenness or oppression in office. (Mo. VI I 1.) 
 High crimes and misdemeanors, for non-feasance or malfeasance 
 in office, for incompetency, for corruption, favoritism, extor- 
 tion or oppression in office, or for gross misconduct, or habitual 
 
 drunkenness. (La. 217.) 
 Malfeasance in office, corruption,' neglect of duty or other high 
 
 crime or misdemeanor. (Va. IV .54.) 
 Treason, bribery or high crime or misdemeanor in office. (Del. 
 
 VI 2; Miss. IV 50.) 
 Corrupt conduct in office or for crimes and misdemeanors. ( Minn. 
 
 XIII 1.) 
 
 Drunkenness, crimes, corrupt conduct or malfeasance or mis- 
 demeanor in office. (S.D. XVI 3.) 
 
 Habitual drunkenness, crimes, corrupt conduct, or malfeasance, 
 or misdemeanor in office. (X.D. XIV 106.) 
 
 Wilful neglect of duty, corruption in office, habitual drunken- 
 ness, incompetency or offense involving moral turpitude while 
 
 in office. (Okla. VIII 1.) 
 
 Wilful neglect of duty, corruption in office, incompetency, in- 
 temperance in use of liquors or narcotics or offense involving 
 moral turpitude in office. (Ala. VII 173.) 
 
 Crime in official capacity which may require disqualification. 
 
 iTenn. V 4.) 
 Procedure 
 
 Two-thirds vote of members elei ted to lower house necessary to 
 preferment of charges. (R.I. XI 1.) 
 
 If during recess of legislature majority of members elected to 
 lower house certify in writing to secretary of state desire to 
 meet to consider impeachment <>f governor, lieutenant-governor 
 or acting governor, secretary of state shall notify speaker of 
 house who within 10 days summons members by publication 
 in newspaper to assemble at capitol on day fixed by the speaker, 
 not less than lo days after receipt of notice. If lower 
 house prefers articles, speaker to forthwith notify lieutenant- 
 governor unless he is impeached, in sueh ease he shall notify 
 secretary of state who summons members of senate to assemble 
 at capitol on day named not less than 10 days after receipt of 
 notice from speaker. Senate to hear and try articles as pre- 
 ferred by house. (Ala. VII 173.)
 
 S lTE i o\-THTTLo\- 
 
 GOVERNOR ' 
 
 t'd) 
 Procedure {Cont'd) 
 
 trial of governor, lieutenaot'gbveraior not to act as member 
 court. (Ky. 84; Minn. XIII 4; X.Y. VI 13; X.D. XIV 
 
 199; S.D. XVI 6; Wis. VII 1.) 
 siding officer on trial, See Impeachment — Trial. 
 
 Suspension Pending Proceedings 
 
 In case of •' impeachment " officer next in succession to act pend- 
 ing proceedings. (Ala. V 127; Conn. Amend. XXXIV; Fla. Ill 
 [owa [V 17; X.J. V 13; X.D. Ill 72; Ohio III 15; S.C. 
 
 IV 9; S.D. IV 6; Tex. IV 16.) 
 Not to exercise duties after impeachment and before acquittal. 
 
 Minn. XIII 3; X.M. IV 36; R.I. XI 1; Utah VI 20.) 
 In case of impeachment and notice thereof officer next in succes- 
 sion to act for remainder of term or till disability removed. 
 
 (Xebr. V 16.) 
 
 In case of impeachment officer next in succession to act for re- 
 
 linder of term or until governor " absent or impeached, shall 
 
 have returned or disability shall cease'". (Wis. V 7.) 
 
 Legislature may provide for suspension pending '"impeachment 
 
 or ation for misconduct in office**. (Colo. XII 1; Wyo. 
 
 VI Elections 4.) 
 In case of "disability" (impeachment not mentioned) officer 
 
 next iii succession to act as governor. (C4a. V Sec. I 8.) 
 In case of " impeachment ", officer next in succession to act as 
 governor. (Ariz. V 6; I'al. V Hi: Ida. IV 12; Kan. I 11; 
 Mid,. VI 16; .Mont. VII 14; Xev. V IS; X.Y. IV 6; X.C. Ill 
 
 12; Okla. VI 16.) 
 
 In case of removal from office (impeachment not mentioned) 
 
 officer next in succession to act as governor. (Me. V Pt. I 14; 
 
 Tenn. Ill 12.) 
 In case "i removal from office (impeachment not mentioned) or 
 disability, officer next in succession to act as governor. (Del. 
 I" 20; l.id. Y L0; \t. II 24; Va. V 78; Wash. Ill 10.) 
 '" case <•; vacancy in office (impeachment not meivtioned), officer 
 in succession to ad as governor. (Mass. Pt. II Ch. II 
 tiss. V 131; X.N. TI 48.) 
 "conviction on impeachment" officer next in succes- 
 -'"" to acl a- governor. (Ark. VI 12; 111. V 17; Ky. 84; La. 
 Ii 7: Mo. V 16; Pa. IV 13; W.Va. VII 10. i 
 
 cer is next in succession, See below, this title, 
 
 Succession to Office. 
 
 ■ 
 
 give legislature information and make recom- 
 
 (Ala.V 123, Ark, VJ 8.; Colo. IV 8; Conn. IV 8; Del. 
 
 5; Ma. IV 8; hid. V 13; Ky. 79; La. 74; Me. V Pt. I 9; Md. 
 
 ' 12-': Mo. \ !, : _M, mt . yj , 1() . xc m g Qre y 
 
 11 '• Pa - IV 11; S.C. IV I.".; Tenn. Ill H.)
 
 Index Digest 727 
 
 GOVERNOR (Cont'd) 
 Messages (Cont'd) 
 
 From time to time such matters as he may elect or legislature re,- 
 
 quire. (Okla. VI 9.) 
 
 At every session, of condition of state, and make recommendations. 
 
 (Ariz. V 4; Cal. V 10; Minn. V 4; ELY. IV 4; Ohio III 7; Va. 
 
 V 73; Wash. Ill 6; Wis. V 4.) 
 
 Immediately on organization of each session to joint session of both 
 
 houses on condition of state and make recommendations. (Okla. 
 
 VI 9.) 
 At every regular session, of condition of state, and make recom- 
 mendations. (Fla. IV 9; Iowa IV 12; Nev. V 10; Utah VII 5.) 
 At beginning of each session information of condition of the state and 
 recommend measures. (Colo. IV 8; Ida. IV 8; 111. V 7; Kan. I 5; 
 Mo. V 10; Mont, VII 10; Xebr. V 7; X.D. Ill 75; S.D. IV 4; 
 
 Tex. IV 9; W.Va. VII (i; Wyo. IV 4.) 
 At beginning of each regular session information in writing of 
 
 condition of the state. (Ala. V 123.) 
 
 At end of term of office information of condition of the state and 
 
 recommend measures. (Ark. VI 8; 111. V 7; Mich. VI 5; Mo. V 10; 
 
 Nebr. V 7; Tex. IV 9.) 
 At end of term of office information in writing of condition of the 
 
 state. (Ala. V 123.) 
 Communicate condition of state and make recommendations. (Mich. 
 
 VI 5.) 
 Prepare such business as may appear necessary, to lay before legis- 
 
 ture. (Vt. II 20.) 
 Whenever required by legislature, information of condition of state. 
 
 (Xebr. V 7.) 
 Statement of accounts, See above, tliis title, Accounts. 
 Oath of Office 
 
 Must take oath or affirmation to support constitution of United States 
 and of state and faithfully to execute his office. (Ga. V Sec. I 10; 
 
 Minn. V S.) 
 
 Must take oath of affirmation to support constitution and laws of 
 
 United States and state and perform duties of office. (X.C. 
 
 Ill 4.) 
 Must take oath or affirmation to bear allegiance to state and sup- 
 port its constitution and perform duties of office; oath of allegiance 
 need be taken only once. (X.H. II 83.) 
 Must take additional oath or affirmation that he will not receive 
 
 profits of other office during term. (Md. I G.) 
 No other than oath of allegiance and of office prescribed in constitu- 
 tion, to be required as qualification for office. (Mass. Amend. VII.) 
 Administered in presence of members of both houses of legislature, 
 
 or before justice of highest court. (X.C. Ill 4.) 
 Administered by secretary of state or in his absence by attorney- 
 general. (R.I. IX 5.) 
 Administered by president of senate in presence of both houses. 
 
 (Mass. Pt. II Ch. Vll; X.H. II 84.) 
 Administered by presiding officer of senate in presence of both houses,
 
 State Constitutions 
 
 ■ - 
 
 GOVERNOR [i 
 
 Cont'd) ' ,. . 
 
 and ,f unable to attend during sea&ion of legislature administration 
 mav be i-v any justice of the highest court during recess of legis- 
 lature. (Me. IX 1.) 
 
 rum lot Public IltfcoBDs 
 OfB kept at seat of government. (Ariz. \ 1; Ark. \I 1; Kan. 
 
 h,!,. VI 1; Nev. XV 12; Okla. VI 1.) 
 Office to be kept at seat of government, but in case of invasion or 
 riolenl epidemics, he may direct offices of government to he re- 
 moved temporarily to other place. (Fla. XVI 10.) 
 Public : to be kept at seat of government. (Ariz. V 1; Colo. 
 
 IV i; [da IV 1; ill. V lj 1ml. VI 5; Mo. V 1; Mont. VII 1; 
 , V 1- N : M. V 1; Okla. VI 1; Ore. VI 5; Utah VII 1; Wash. 
 
 Ill 24; W.Va. VII 1.) 
 i of office to be kept at seat of government. (X.M. V 1.) 
 ping of records, See Public Records. 
 j', .-.•. E&6 \n!> I n i res 
 In General 
 
 \. prescribed by law. (Ariz. V 1; 111. V 1; Mich. VI 1; Mo. 
 
 V lj Nebr. V 1; W.Va. VII 1.) 
 \. prescribed in constitution and by law. (Ida. IV 1; Mont. VII 
 
 1; Okla. VI 1; Utah VII 1.) 
 ( onservator of the peace. (Ga. V Sec. I 12; Mo. V 6; Okla. 
 
 VI 8.) 
 Conducl in person or in such manner as prescribed by law, all 
 interc >urse with other and foreign states. (Va. V 73.) 
 irrespond with other states. (Vt. II 20.) 
 Conduct in person, or as prescribed by law, intercourse and busi- 
 ness with other states and United States. (Okla. VI 8; Tex. 
 
 IV 10.) 
 'Iran-act all necessary business with officers of government. 
 
 (Mich. VI 3.) 
 
 'Iran-art necessary business with officers. (Ind. V 15; Ore. V 13.) 
 
 Transact all necessary business with civil and military officers. 
 
 (N.Y. IV 4; N.D. Ill 75; S.D. IV*4; Wis. V 4; Wyo. IV 4.) 
 
 Transaci all executive business with civil and military officers. 
 
 <An/.. Y tj Cal. V 6; Fla. IV 5; Iowa IV 8; Xev. V 6; Utah 
 
 VII 5.) 
 Trail-;, t business with civil and military officers. (Vt. II 20.) 
 Superintend office in person. (Mich. VI 1.) 
 
 ■ uses, may grant such as shall be directed by law. (Vt. II 
 
 20.) 
 Warrants for issue of money out of treasury, to sign with advice 
 
 and consent of council. (.Mass. Pt. II Ch. II Sec. I 11.) 
 Draw "ii treasurer for such sums as legislature may appropriate. 
 
 (Vt. II 20.) 
 y negotiate temporary never to exceed $300,000. (Ala. 
 
 XI 213.) 
 ipprove depositary banks and their security. (Mo. 
 
 ' X 15.)
 
 Index Digest 729 
 
 GOVERNOR (Cont'd) 
 
 Powers and Duties (Cont'd) 
 Appointments by 
 
 Sec above, this title, .Appointments Without Confirmation. 
 See above, this title, Appointments Subject to Confirmation. 
 Constitutional Amendments, Proclamation of Adoption, See Amend- 
 ment or Revision of Constitution. 
 Estimates, See State Finances. 
 Execution of Laws, See Executive Power. 
 Grants, Signing of, See Grants. 
 
 Initiative and Referendum, See Initiative and Referendum. 
 Legislature 
 
 Writs of election to fill vacancies in, See Legislature — Va- 
 cancies. 
 Convening of, See Legislature — Sessions. 
 Adjournment of, See Legislature — Adjournment. 
 Approval of bills, See Legislative Procedure. 
 Veto power 
 
 See Legislative Procedure. 
 See Appropriations. 
 Membership on Boards 
 
 Depository board, member of. (Mont. XII 14.) 
 Education, member of state board of. (Ariz. XI 3; Fla. XII 3; 
 Mo. XI 4; Mont. XI 11; N.M. XII 6; S.C. XI 2; Tex. VII 8; 
 
 Va. IX 130.) 
 Same; until otherwise provided by law. (Okla. XIII 5.) 
 Education, president of state board of. (X.C. IX 9.) 
 Education, member of "board of the school fund'*. (W.Va. 
 
 XII 4.) 
 Education, member of board for sale, leasing and management 
 
 of lands and funds for. (Nebr. VIII 1.) 
 Education, member of board of commissioners for sale of school 
 
 lands. (Ore. VIII 5.) 
 Education, member of board of university and school lands. 
 
 (X.D. IX 156.) 
 Education, member of state board of land commissioners. (Mont. 
 
 XI 4; Wyo. VII 13.) 
 State university, president of board of trustees. (Ala. XIV 264.) 
 Alabama Polytechnic Institute, president of board of trustees of. 
 
 (Ala. XIV 266.) 
 
 Education, ex-officio superintendent of public instruction with 
 
 powers and duties to be prescribed by law, but legislature may 
 
 prescribe by law for election of superintendent. (Ore. VIII 1.) 
 
 Examiners, member of board of, to examine claims against state. 
 
 (Ida. IV 18; Mont. VII 20; Xev. V 21; Utah VII 13.) 
 Insane asvlum, member of board of commissioners of. (Utah VII 
 
 14.) 
 Land commissioners, member of board of. (Ida. IX 7; Wyo. 
 
 XVIII 3.) 
 Land office, to be one of commissioners of. (Okla. VI 32.)
 
 I -.iNSTlTl I' IONS 
 
 GOVERNOR ' 
 
 I'd) 
 
 mbership on Boards [Cont'd) 
 
 ni , mi „r of board of state prison commissioners. (Ida. 
 8j x 5. Mont, VII 20; N''v. V 21; Ctah VII 13.) 
 
 Pu r of b..ard of. (Md. XII 1.) 
 
 ,,,1, member of board of commissioners of. (Utah 
 
 VII 15.) 
 
 :„.„ boards, member of board to appoint. (Ala. VIII 
 
 186.) 
 
 itoriaJ districts, with secretary of state and attorney-general, 
 to apportion if legislature fails to do so. (Mo. IV 7.) 
 
 mvass votes for with five of the governor's council. 
 
 (Mass. Pt. II Ch. I Sec. II 3.) 
 ag board} member of. (N.M. V 2.) 
 
 member of board of commissioners of. (Fla. 
 
 IV 17.) 
 
 cation, member of board to elect members of state board of 
 
 appraisers. (La. 226.) 
 Equalization, member of state board of. (Colo. X 15; Ida. VII 
 12; Mo. X 18; Mont. XII 15; Okla. X 21; Utah XIII 11.) 
 
 Militia, See Militia. 
 
 Opinions from Highest Court, See Courts — Highest Court — Ad- 
 visory Opinions. 
 
 Public Contracts, Approval of, See Public Contracts. 
 Public Lands, See Public Lands. 
 Public Officers 
 
 Investigation of, See Public Officers. 
 Reports from. See Public Officers. 
 
 ling of commissions to, See Public Officers — Commissions 
 
 to. 
 Removal of, See Public Officers; for removal of a particular 
 
 officer or class of officers, See the specific title. 
 Recall of. See Pec all of Public Officers. 
 Judicial officers, See Courts. 
 
 In regard to accounts, etc., of state treasurer, S'ee Treasurer. 
 In regard to accounts, etc., of state comptroller, See Comptroller. 
 Miii' moNS ami Disqualifications 
 Age 
 
 twenty-five years to be eligible to office. (Ariz. V 2.) 
 
 nty-tive years, shall have attained- age of. (Minn. V 3.) 
 Twenty-five year- ai time of election. (Cal. V 3; Nev. V 3.) 
 Thirty years. (Del. Ill 6; Ky. 72; Miss. V 117; X.J. V 4; Tenn. 
 
 Ill 3; Tex. IV 4.) 
 I Inn \ , be eligible to office. (Ark. VI 5; Colo. IV 4; 
 
 Conn. IV 1; Ga. V Sec. I 7; 111. V 5; Tnd. V 7; La. 63; Md. 
 II ... Mich. VI L3; Nebr. V 2; X.H. II 41; X.M. V 3; N.Y. 
 IV 2; NT.C. Ill 2; X.I). Ill 73; Okla. VI 3; Ore. V 2; Pa. IV 
 5; S.D. CV2; Va. V 71; Wyo. IV 2.)
 
 Index Digf.st 731 
 
 GOVERNOR (Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 Age {Cont'd) 
 
 Thirty years at time of election. (Ala. V 117; Ida. IV 3; Iowa 
 
 IV 6; Mont. VII 3; S.C. IV 3; Utah VII 3.) 
 Thirty years at beginning of term. (Me. V Pt. I 4; W.Va. IV 4.) 
 Thirty-live years. (Mo. V 5.) 
 
 Citizenship 
 
 In United States 
 
 Must be citizen. (Ark. VI 5; Colo. IV 4; Ida. IV 3; Minn. 
 
 V 3; Mont, VII 3; X.M. V 3; N.Y. IV 2; N.D. Ill 73; 
 
 Okla. VI 3; Ore. V 2; Pa. IV 5; S.D. IV 2; Tenn. Ill 3; 
 
 Tex. IV 4; Wis. V 2; Wyo. IV 2.) 
 
 Must be natural-born citizen. (Me. V Pt. I 4.) 
 
 For two years preceding election. (Iowa JV 6; Nebr. V 2.) 
 
 For five years preceding election. (Cal. V 3; 111. V 5; S.C. 
 
 IV 3.) 
 For five years (preceding election?). (Ind. V 7; Mich. VI 
 
 13; N.C. Ill 2.) 
 For 10 years preceding election. i Ariz. V 2.) 
 For 10 years preceding election, unless natural-born citizen. 
 
 (Va. V 71.) 
 For 10 years (preceding election?). (Ala. V 117; Fla. IV 
 
 3; La. 63; Mo. V 5.) 
 For 12 years preceding election. (Del. Ill 6.) 
 For 15 years. (Ga. V Sec. I 7.) 
 For 20 years. (Miss. V 117.) 
 For 20 years (preceding election?). (X..1. V 4.) 
 
 In State 
 
 For two years preceding election. (Nebr. V 2; Nev. V 3.) 
 For five years preceding election. (Ariz. V 2; Fla. IV 3; 
 
 111. V 5; S.C. IV 3; Utah VII 3.) 
 For five years preceding election, unless citizen when con- 
 stitution goes into effect. (W.Va. IV 4.) 
 For six years. (Ga. V Sec. I 7.) 
 For six years preceding election. (Ky. 72.) 
 For seven years preceding election. (Ala. V 117; Tenn. 
 
 Ill 3.) 
 For 10 years. (Md. II 5.) 
 
 Crime as Disqualification 
 
 Conviction of asking or receiving bribe to influence official opinion 
 or action, or of improper use of power to influence action of 
 member of legislature, renders him ineligible to hold office of 
 trust or honor in the state. (N.D. Ill 81; S.D. IV 11: Wyo. 
 
 IV 10.) 
 
 Dual Office Holding 
 
 In General 
 
 Ineligible to any other office during term for which elected. 
 (111. V 5; Ind. V 24; N.D. Ill 73; S.D. IV 2; Wyo. IV 2.)
 
 State 0onstitutions 
 
 GOVERNOR ' 
 
 j S vm, DlSQUALIFI" ATIONS (Confd) 
 
 Dual Office Holding i Cont 
 l„ i ■ ; (Oont'd) 
 
 \'oi i.. bold other bffiee .luring term of service. (Va. V 69; 
 
 W.Va. VII 4.) 
 Not to hold other Office, civil, military or corporate, during 
 
 time of holding office of governor. (Tex. IV 6.) 
 Ineligible to any other public office during term of office, 
 except member of state board of education. (Mont. VII 4.) 
 Ineligible to office or appointment from legislature or either 
 house during term for which elected; votes for him for 
 such office to be void. < Mich. VI 15.) 
 
 State 
 S ee a . this subdii-ision, Dual Office Holding — 
 
 In General. 
 Ineligible to other state office during period for which elected. 
 
 (Nebr. V 2.) 
 Not to be elected by legislature to any office under govern- 
 ment of this state during term for which elected. (N..J. 
 
 V S.) 
 Ineligible to office under this state during term or within 
 \ear alter expiration. (Ala. V 110.) 
 
 to hold any civil or military office under this state. 
 
 (Ala. V 130.) 
 Not to hold office or* other commission (except in militia) 
 under authority of this state, t 8.C. IV 3.) 
 
 to hold office or place under authority of this state. 
 Mass. i'i. II Ch. VI 2; X.H. II 92.) 
 Not to hoM office of lieutenant-governor, justice of highest 
 court, treasurer, member of legislature, surveyor-general or 
 
 sheriff/ (Vt. II 50.) 
 Officer of this state not to hold office of governor. (Kaiu 
 
 I 10.) 
 Person holding office under this state not to fill office of 
 
 governor. (Ind. V'8; Ore. V 3.) 
 P< i son holding office under this state not to exercise office of 
 
 ernor. (I al. V 12; Pa. IV 6; Tenn. Ill 13.) 
 Person holding office under this state not to exercise office 
 
 ovei and it" governor or person administering the 
 
 eminent accepts such office, his office as governor to be 
 
 vacant. (N.J. V 8.) 
 P( reon holding office or place under this state not to exercise' 
 
 "" . Minor. ( MJg. V pt. I 5.) 
 
 Person holding office under authority of this state not to 
 rcise office of governor. (Ark. VI 11; Iowa IV 14; 
 
 Ohio III 14.) 
 except of court of sessions) to hold office of 
 governor. (Mass. Amend. VIII. >
 
 Index Digest 733 
 
 GOVERNOR (Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 Dual Office Holding (ConVih 
 
 Office in tliis State (Cont'd) 
 
 Judge, secretary of state, treasurer, attorney-general, com- 
 missary-general and military officers receiving pay from 
 state (excepting officers of militia occasionally called 
 forth on an emergency), registers of deeds, collectors of 
 excise and state taxes hereafter appointed, " and not 
 having settled their accounts ", not to hold at same time 
 office of governor; election or appointment to any of these 
 offices and acceptance to operate as resignation of office 
 of governor and vacancy to be filled. (N.H. II 94.) 
 United States Office 
 
 See also above, this subdivision, Dual Office Holding — 
 
 In General. 
 
 Not to hold office under United States. (Ala. V 130.) 
 
 Ineligible for election or appointment to United States 
 senate during term or within year after expiration. (Ala. 
 
 V 116.) 
 
 Ineligible for election to United States Senate during term 
 for which elected. (Utah VII 23.) 
 
 Not to be elected by legislature to office under government of 
 United States during term for which elected. (N.J. V 8.) 
 
 Member of Congress or person holding office under United 
 States not to fill office of governor. (Ind. V 8; Kan. I 10; 
 
 Ore. V 3.) 
 
 Person holding office under United States government not to 
 hold office of governor. (Nev. V 12.) 
 
 Person holding office under authority of United States (post- 
 master excepted) not to hold office of governor. (Mass. 
 
 Amend. VIII. ) 
 
 Person holding office under United States at time of or 
 within six months immediately preceding election for gov- 
 ernor ineligible to office. (La. 63.) 
 
 Military officers receiving pay from •'{he continent", offic rs 
 of the customs, including naval officers, collectors of excise 
 and continental taxes hereafter appointed " and not having 
 settled their accounts ", and mem! .ers of Congress or per- 
 sons holding office under United States, not to hold office 
 of governor; election or appointment to any of these offices 
 and acceptance to operate as resignation of office of gov- 
 ernor and vacancy to be filled. (N.H. II 94.) 
 
 Member of Congress or person holding office under United 
 States not to exercise office of governor. (Mich. VI 14; 
 
 Pa. IV 6; Tenn. Ill 13.) 
 
 Member of Congress or person holding office under United 
 States not to exercise office of governor, and if governor or 
 person administering the government accepts such office, 
 his office as governor to be vacant. (N.J. V 8.)
 
 S . ATK CONSTITUTIONS 
 
 GOVERNOR I 
 
 M , [,„, , U.n.NS ((»((!) 
 
 il Office Holding 5'd) 
 
 Person holding office under Inked States not to exercise 
 ,,,-; senior. (Cal. V 12 -) 
 
 holding office or place under United States not to 
 exert ise office of governor. (Me. V Pt. I 5.) 
 Member of ( ongress, or person holding office under authority 
 ,.f l oited States, not to exercise office of governor. (Ark. 
 
 VI 11; Ohio III 14.) 
 -,„ holding office under authority of United States not 
 exercise offiee of governor. (Iowa IV 14.) 
 
 Offic Outsid( State 
 
 also above, this suh./irision, Dual Office Holding — 
 
 In General. 
 
 I son holding office under other power not to fill office of 
 
 governor. (Ore. V 3.) 
 Person holding office or place under any other power not to 
 
 , ci rcise "Dice of governor. (Me. V Pt. I 5.) 
 \ • to hold office under other state or government. (Ala. 
 
 V 130.) 
 Not to hold place or office or receive pension or salary from 
 any other state, government or power. (N.H. II 92.) 
 t to hold place or office from any other state or govern- 
 rvi or power. (Mass. Pt. II Ch. VI 2.) 
 to hold office or other commission (except in militia) 
 under authority of any other power. (S.C. IV. 3.) 
 
 Electoral 
 
 ! be qualified elector to be eligible to office. (Conn. IV 1; 
 Fla. !\ :;: Nev. V 3; X.1>. Ill 73- S.D. IV 2; Wis. V 2; Wyo. 
 
 IV 2.) 
 \! . alified elector at time of election. (Md. II 5; Utah 
 
 VII 3.) 
 Musi have been qualified elector for three years preceding election. 
 
 (Okla. VI 3.) 
 Engaging in Business 
 
 tn practice profession and receive reward, fee or promise 
 thereof, nor to receive salary, reward or compensation or 
 promise thereof for service rendered while governor or to be 
 thereafter rendered. (Tex. IV 6.) 
 
 Failure to Qualify, See below, this title, Succession to Office. 
 Prior Service in Office as Disqualification 
 To be re-eligible. (S.C. IV 2.) 
 Ineligible m his own successor. (Ala. V 116; Fla. IV 2; Miss. V 
 
 116; Mo. V 2; Okla. \ll; Pa. IV 3; Va. V 69.) 
 Ineligible u hi- own successor, but may be again eligible at ex- 
 
 ' ■•! one or more terms after term for which he has 
 
 served. (La. 63.)
 
 Index Digest 735 
 
 GOVERNOR (Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 
 Prior Service in Office as Disqualification (Cont'd) 
 
 Ineligible for three years after term of service expired. (N.J. 
 
 V 3.) 
 Ineligible for four years after term for which elected. (Ky. 71; 
 
 W.Va. VII 4.) 
 Not to be elected a third time. (Del. Ill 5.) 
 ineligible for re-election after expiration of second term for 
 
 period of four years. (Ga. V Sec. I 2.) 
 Ineligible to hold state office for two years after serving two 
 
 consecutive terms. (N.M. V 1 (1914).) 
 Ineligible more than four in any period of eight years. (Ind. 
 
 VI.) 
 
 Ineligible more than four in any period of eight years " unless 
 
 office cast on him as lieutenant-governor or president of 
 
 senate". (N.C. Ill 2.) 
 Ineligible more than six in any period of eight years. ( Tenn. 
 
 III 4.) 
 Ineligible more than eight in any period of 12 years. (Ore. 
 
 V 1.) 
 Religious Test 
 
 No person eligible who denies existence of Supreme Being. (S.C. 
 
 IV 3.) 
 Residence 
 
 in state for one year preceding election. (Minn. V 3.) 
 
 In state for two years preceding election. (Colo. IV 4; Ida. IV 3.) 
 
 Iowa IV 6; Mich. VI 3; Mont. VII 3; Nev. V 3; N.C. Ill 2; 
 
 S.D. IV 2.) 
 In state for three years preceding election. (Ore. V 2.) 
 In state for four years preceding election. (Vt. II 23.) 
 In state for five years, and at time of election and during term. 
 
 (Me. V Pt. I 4.) 
 In state for five years preceding election. (Cal. V 3; Fla. IV 3; 
 
 Ind. V 7; Md. II 5; Miss. V 117; N.M. V 3; N.Y. IV 2; N.D. 
 
 Ill 73; S.C. IV 3; Tex. IV 4; Utah VII 3; Va. V 72; Wyo. 
 : TV 2.) 
 
 In state for six years preceding election. (Ky. 72.) 
 Inhabitant of United States for 12 years preceding election 
 
 and inhabitant of state for six years preceding election, unless 
 
 absent on business of United States or of state. (Del. Ill 6.) 
 In state for seven years. (Ark. VI 5.) 
 In state for seven years preceding election. (Ala. V 117; Mass. 
 
 Pt. II Ch. II Sec. I 2; Mo. V 5: N.H. II 41.) 
 In state for seven years preceding election, unless absent on 
 
 business of United States or of state. (N.J. V 4; Pa. IV 5.) 
 In state for 10 years preceding election. (La. 63.) 
 Residence during term, See below, this title, Residence. 
 Sex 
 
 See also above, this subdivision, Electoral. 
 Must he male. (Ariz. V 2; Mo. V 5; Okla. VT 3.)
 
 g . i Constitutions 
 
 GOVERNOR ' t'd) 
 
 Removal of Offii 
 
 . iTKi.ic iiini i us: for removal of a particular 
 
 i of officers, See the specific title. 
 
 -::•! n. E 
 
 As unification for office, See above, this title, Qualifications and 
 
 Disqualifications. 
 
 In Btate during term. I Me. V l't. I 4.) 
 
 At seal of government. (Ariz. V 1; Colo. IV 1; Ida. IV 1; 111. V 1; 
 
 In.!. \ I 5; Md. II 21; .Mo. V 1: Mont. VII 1; Nebr. V 1; N.M. 
 
 Y 1- \ ( 111 .-»: N.I). HI 71: Utah VII 1; Va. V 72; Wash. Ill 
 
 24; W.Va. VII 1.) 
 At -at of government, except during session, and then at place 
 • n. ami except when act of legislature requires or author- 
 izes } i i ii i to reside elsewhere. (Tex. IV 13.) 
 At seal of government except in cases of contagion or emergencies 
 of war. but during session of legislature at place where session 
 is held. (S.< . IV 21.) 
 At seal of government, except during epidemics. (Ala. V 118.) 
 Executive mansion to be provided. (X.Y. IV 4.) 
 Governor's mansion, fixtures and furniture, to have use and occu- 
 pation of. (Tex. IV 5.) 
 Rotation in ihfick. See above, this title. Qualifications and Dis- 
 
 QtJALIFICATIOKS - PRIOB SERVICE IN OFFICE AS DISQUALIFICATION. 
 
 betabies, Se< above, this title. Assistants. 
 
 -ion to Office 
 Order of Succession 
 
 1 Lieutenant-governor; (2) president pro tempore of senate. 
 I. Minn. V 6; Nrv. V 17, 18; Pa. IV 13. 14; R.I. VII 9, 10; 
 
 S.C. IV fl: Tex. IV 16, 17.) 
 Lieutenant-governor; (2) president pro too pore of senate 
 retary of state convenes senate to elect president pro- 
 tempon \. (Conn. Amend. XXXIV, IV 15. 16; X.C. Ill 12.) 
 Lieutenant-governor; (2) president pro tempore of senate 
 speaker of lower house. (Cal. V 16: Colo. IV 13, 15 
 Ida. IV 12, 14: 111. V 17, 19: Iowa IV 17. 19; Kan. I 11, 13 
 Mo. V 16. 17; Mont. VII 14, 16; Xebr. V 16, 18; X.Y. IV 6, 7 
 Ohio HI 15, 17.i 
 (1' Lieutenant-governor; (2) president pro tempore of senate; 
 speaker of Imw.t house (but secretary of state to convene 
 to elecl president pro tempore). (Miss. V 131.) 
 Lieutenant-governor; (2) president pro tempore of senate; 
 iker of lower house: (4i legislature to provide for 
 by law. (Okla. VI 15, 16.) 
 ( 1' I-i' nteiiant -..vernor: (2) president pro tempore of senate; 
 etary of state (until president pro tempore elected 
 01 disability of governor, lieutenant-governor or president pro 
 i. mpori removed),. (La. 66".) 
 '1 Lieutenant-governor; (2) president pro tempore of senate; 
 -""'■"> Of Btate; (4) attorney-general (secretary or
 
 Ixdex DlGE- 737 
 
 GOVERNOR (Cont'd) 
 
 Succession to Office (Cont'd) 
 Order of Succession (Cont'd) 
 
 attorney-general to convene senate to elect president pro 
 tempore). (Ky. 84, 85, 87.) 
 (1) Lieutenant-governor; (2) president pro tempore of senate; 
 
 (3) speaker of lower house; (4) attorney -general ; (5) 
 auditor; (6) secretary of state; (7) treasurer. (Ala. V 127.) 
 
 (1) Lieutenant-governor; (2) secretary of state. (Mich. VI 17, 
 IS; X. D. Ill 72, 77; S.D. IV 6, 7; Wis. V 7, 8.) 
 
 (1) Lieutenant-governor; (2) secretary of state; (3) president 
 pro tempore of senate. (X.M. V 7.) 
 
 (1) Lieutenant-governor; (2) secretary of state; (3) attorney- 
 general; (4) president pro tempore of senate; (5) speaker of 
 lower house. (Del. Ill 20.) 
 
 (1) Lieutenant-governor; (2) secretary of state ; (3) treasurer; 
 
 (4) auditor; (5) attorney-general; (6) superintendent of 
 public instruction; ( 7 )_ commissioner of public lands. (Wash. 
 
 Ill 10.) 
 (1) Lieutenant-governor; (2) council. (Mass. Pt. II Ch. II Sec. 
 
 II 3, Sec. Ill 6.) 
 (1) Lieutenant-governor; (2) legislature to provide for by law. 
 
 (Ind. V 10; Vt. II 3, 24; Va. V 78.) 
 (1) President of senate; (2) speaker of house. (Ark. VI 12, 
 13; Fla. IV 19; Ga. V Sec. I 8, 9; X.H. II 4S; N.J. V 12, 
 
 13, 14; Tenn. Ill 12.) 
 (1) President of senate; (2) speaker of house (during recess 
 of senate secretary of state to convene senate to elect presi- 
 dent of senate). (Me. V Pt. I 14.) 
 (1) President of senate; (2) speaker; (3) joint vote of legis- 
 lature to elect. (W.Va. VII 16.) 
 (1) Legislature to elect successor; (2) during recess president of 
 senate; (3) during recess speaker; (4) legislature to provide 
 by law; (5) if no provision secretary of state' to convene legis- 
 lature to fill vacancy. (Md. II 6, 7.) 
 Secretary of state. (Ariz. V 6; Wyo. IV 6.) 
 (1) Secretary of state; (2) president of senate. (Ore. V 8; 
 
 Utah VII 11.) 
 Cases in Which Successor Acts 
 Officer First in Succession 
 
 Death. (Ala. V 127; Ariz. V 6; Ark. VI 12; Cal. V 16; 
 Colo. IV 13; Conn. Amend. 34; Del. Ill 20; Fla. IV 19; 
 Ga. V Sec. I 8; Ida. IV 12; 111. V 17; Ind. V 10; Iowa 
 
 IV 17; Kan. I 11; Ky. S4; Md. II 6; Mich. VI i6; Mo. 
 
 V 16; Mont. VII 14; Nebr. V 16; Xev. V IS; N.H. II 48; 
 X.J. V 12; X.Y. IV 6; X.D. Ill 72; Ohio III 15; Okla. 
 
 VI 16; Ore. V 8; Pa. IV 13; S.C. IV 9; S.D. IV 6; 
 Tenn. Ill 12; Tex. IV 16; Utah VII 11; Va. V 7S; Wash. 
 Ill 10; W.Va. VII 16; Wis. V 7; Wyo. IV 6.) 
 
 24
 
 I JoNSTITUTIONS 
 
 GOVERNOR 
 
 I FICE i ' 
 
 i Which Successor Acts {Cont'd) 
 6 tea ision (Cont'd) 
 Resignation. (Ala. V 127: Ariz. V 6; Ark. VI 12; Cal. V 
 Colo. IV 13; Conn. Amend. 34; Del. Ill 20; Fla. IV 
 L9; Ga. V Sec. I 8; Ida. IV 12; 111. V 17; Ind. V 10; 
 i IV 17: Kan. 1 11; Ky. 84; Md. II 6; Mich. VI 16; 
 Mo. A' 16; Mont. VII 14; Nebr. V 16; Nev. V 18; N.J. V 
 12; N.Y. IV 6; N.D. III 72; Ohio III 15; Okla. VI 16; 
 Ore. V 8; Pa. [V 13: S.C. IV 9; S.D. IV 6; Tenn. Ill 12; 
 rex. IV 16; Utah VII 11; Va. V 78; Wash. Ill 10; W.Va. 
 VII 16; Wis. V 7; Wyo. IV 6.) 
 Removal from office. (Ala. V 127; Ariz. V 6; Cal. V 16; 
 lo. IV 13; Conn. Amend. 34; Del. Ill 20; Fla. IV 19; 
 [da. IV 12; Ind. V 10; Iowa IV 17; Kan. I 11; Mich. 
 VI 16; Mont. VII 14; New V 18; N.J. V 12; N.Y. IV 6; 
 X.D. Ill 72; Ohio III 15; Okla. VI 16; Ore. V 8; S.D. 
 IV t>; Tenn. Ill 12; Tex. IV 16; Utah VII 11; Va. V 78; 
 Wash. Ill 10; Wis. V 7; Wyo. IV 6.) 
 "Absence." (Vt. II 3.) 
 
 \ m amy. (Me. V Ft. I 14; Mass. Pt, II Ch. II Sec. II 3; 
 .Minn. V 6; Miss. V 131; N.H. II 48; N.J. V 14; N.M. 
 V 7; N.C. Ill 12; R.I. VII 9.) 
 Removal from state. (Md. II 6; Okla. VI 16; S.C. IV 9.) 
 Absence from state. (Ariz. V 6; Ark. VI 12; Cal. V 16; 
 Colo. IV 13; Conn. Amend. 34; Ida. IV 12; 111. V 17; 
 Ky. 84; La. 66; Mass. Pt. II Ch. II Sec. II 3; Mich. VI 
 L6; .Mi--. V 131; Mo. V 16; Mont. VII 14; Nebr. V 16; 
 v. V is: N.H. II 48; N.J. V 13; N.M. V 7; N.Y. IV 6; 
 N.C. Ill 12; N.D. Ill 72; R.I. VII 9; S.D. IV 6; Tex. IV 
 16; Utah VII 11; Wis. V 7; Wyo. IV 6.) 
 Absence from state more that 20 days; if such absence 
 occurs, secretary of state notifies lieutenant-governor, who 
 ■ nt. rs on duties. If both governor and lieutenant-gov- 
 ernor absent over 20 days, secretary to notify officer 
 next in succession. (Ala. V 127.) 
 When governor is out of state at head of military force 
 thereof, he continues commander-in-chief of military forces 
 
 of state. (Mich. VI 16.) 
 
 When governor, with consent of legislature, is out of state 
 
 time of war. at head of a military force thereof, he 
 
 commander-in-chief of all military forces of 
 
 V 18; N'.Y. IV 6; Wis. V 7.) 
 
 (Ala. V 127; Ariz. V 6; Ark. VI 12; Cal. V 16; 
 
 [V 13; Conn. Amend. 34; Del. Ill 20; Fla. IV 19; 
 
 !ec. I 8; Ida. IV 12; 111. V 17; Ind. V 10; Iowa 
 
 17: Kan. I 11; Ky. 84; La. 66; Md. II 6; Mich. VI 
 
 16; Mont. VII 14; Nebr. V 16; Nev. V 18; 
 
 '•' ' V 13; N.M. V 7; N.Y. IV 6; N.C. Ill 12; N.D.
 
 Index Digest 739 
 
 GOVERNOR (Cont'd) 
 
 Succession to Office (Cont'd) 
 
 Cases in Which Successor Acts [Cont'd] 
 Officer First in Succession (Cont'd) 
 
 III 72; Ohio III 15; Okla. VI 1G; Ore. V S; Pa. IV 13; 
 R.I. VII 9; S.C. IV 9; S.D. IV 6; Tex. IV 16; Utah 
 VII 11; Va. V 7S; Wash. Ill 10; W.Va. VII 1G; Wis. V 
 
 7; Wyo. IV 6.) 
 
 Protracted illness. (Miss. V 131.) 
 
 Failure to qualify. (Ala. V 127; Ark. VI 12; Colo. IV 13; 
 Conn. Amend. 34; Ida. IV 12; HI. V 17; Ky. 84; Mo. V 
 1G; Mont. VII 14; Nebr. V 1G; X.D. Ill 72; Okla. VI 15; 
 
 . Pa. IV 13; S.D. IV G; Tex. IV 16; Va. V 7S; W.Va. 
 VII 16.) 
 
 If governor-elect dies or becomes disqualified, lieutenant- 
 governor to act. (Del. Ill 20.) 
 
 If governor-elect dies, powers, duties and emoluments of 
 office to devolve on president of senate, or in case of his 
 death, resignation or removal, on speaker, until new 
 governor be elected and qualified. (N.J. V 14.) 
 
 If governor-elect dies, removes from state, refuses to serve, 
 becomes insane or otherwise incapacitated, lieutenant- 
 governor-elect to be qualified as governor at beginning of 
 term for which elected. (R.I. Amend. XI 3.) 
 
 In case of death, disability or failure to qualify of governor- 
 elect, officer next in succession to act until disability re- 
 moved or governor elected. (Wash. Ill 10.) 
 
 Conviction of felony or infamous crime. (Colo. IV 13; Ida. 
 
 IV 12; Mont, VII 14.) 
 
 Conviction of treason. (Ida. IV 12.) 
 Officer Second hi Succession 
 
 Same as in case of officer first in succession. (Cal. V 16 
 Colo. IV 15; Del. Ill 20; Fla. IV 19; Ga. V Sec. I 8 
 Ida. IV 14; 111. V 19; Ind. V 10; Iowa IV 19; Kan. I 13 
 La. 66: Mass. Pt. II Ch. II Sec. Ill 6; Mich. VI 16 
 Minn. V 6; Mo. V 17; Mont. VII 16; Nebr. V 18; Nev 
 V 17; N.H. II 48; N.M. V 7; N.Y. IV 7; N.C. Ill 12 
 Ohio III 17; Ore. V 8; S.C. IV 9; Tenn. Ill 12; Tex. 
 
 IV 17; W.Va. VII 16; Wis. V 8.) 
 
 Same as in case of officer first in succession, except that 
 "impeachment" is not mentioned. (Utah VII 11.) 
 
 Same as in casi of officer first in succession, except that 
 "failure to qualify" is not mentioned. (N.D. Ill 77; S.D. 
 
 IV 7.) 
 
 Same as in case of officer first in succession, except that 
 disability is not mentioned. (Conn. IV 15; Ky. 85.) 
 
 Same as in case of officer first in succession, except that 
 disability is not mentioned, and " impeachment or removal 
 from office " is used instead of " conviction on impeach- 
 ment ". (Ark. VI 13.)
 
 . I !0KSTITUTI0NS 
 
 GOVERNOR 
 
 in Which Successor Acts (Cont'd) 
 
 on \Cunfd i 
 Sam a case of officer first in succession, except that 
 
 - failure to qualify " is not mentioned and " absence from 
 . Instead oi "removal from state". (Okla. 
 
 VI 15.) 
 
 nation, removal or vacancy. (N.J. V 12, 13, 14.) 
 
 Del -nation, removal or disqualification. (Me. V Pt. 
 
 I 14.) 
 
 Vacancy. (R.I. VII 10; Wash. Ill 10.) 
 
 &ncy in offices of governor and lieutenant-governor caused 
 bv failure to elect, removal from office, death or resigna- 
 ■ . or inability to discharge duties. (Vt. II 24.) 
 In case of vacancy in office of governor during recess of 
 legislature, president of senate to act, and in case of 
 - death, resignation, removal from state or refusal to 
 serve, speaker to act. (Md. II 7.) 
 Disability. (Miss. V 131.) 
 Impeachment or disability. (Pa. IV 14.) 
 Officer Third in Succession 
 
 Same as in case of officer second in succession. (Ala. V 
 127: Cal. V 16; Colo. IV 15; Del. Ill 20; Ida. IV 14; 
 111. V 19; Iowa IV 19; Kan. I 13; La. 66: Mo. V 17; 
 Mont. VII 16; Neb*. V 18; N.M. V 7; N.Y. IV 7; Ohio 
 III 17; Okla. VI 15.) 
 Vacancy. (Wash. Ill 10.) 
 
 Vacancy or disability or absence from state of officer second 
 
 in succession. (Miss. V 131.) 
 Determination of Ruffiricncy of Cause 
 
 Should doubt arise as to whether vacancy has occurred in 
 office of governor or other disability exists or has ended, 
 secretary of state to submit question to judges of highest 
 court who, or majority of whom, shall investigate and 
 determine question, and furnish to secretary of state 
 opinion in writing, which shall be final and conclusive. 
 
 (Miss. V 131.) 
 
 If governor or officer administering office appears to be of 
 
 unsound mind, highest court, upon request in writing, 
 
 verified bv affidavits, of anv two officers entitled by con- 
 
 ition to succeed to# office, not next in succession to 
 
 •, shall ascertain mental condition of governor or 
 
 officer discharging the office, and if he is adjudged to be 
 
 und mind, shall so decree; copy of decree filed 
 
 in office of secretary of state and officer next in succession 
 
 rfnrm duties of office until i^*toration to sanity. If 
 
 incumbent denies restoration to sanity, highest court to 
 
 rtain facts; if sanity restored, to so adjudge and file 
 
 certified copy of decree with secretary of state. Highest
 
 I.\i»Kx Digest 741 
 
 GOVERNOR (Co»r 
 
 Succession to Office (Cont'd) 
 
 Cases in Which Successor Acts {Cont'd) 
 
 Determination of SPuffici&ncf/ of Cause (Coi'.t'd) 
 
 court to prescribe method of taking testimony and rules of 
 practice, including provision for service of notice on gov- 
 ernor or person acting as governor. (Ala. V 128.) 
 Qualifications of Successor 
 
 Successor must be eligible to office of governor at time powers 
 
 and duties devolve on him. (Del. Ill 20.) 
 Requirements as to time of citizenship and residence nec- 
 essary for governor not applicable to president of senate 
 • or speaker, when acting as governor. (Fla. IV 3.) 
 
 Length of Service of Successor 
 Officer First in Succession 
 
 No provision is made in Tennessee and Virginia. 
 Until vacancy filled or disability ceases. (Ala. V 127; Conn. 
 Amend XXXIV; Del. Ill 20: Ga. V Sec. I 8; Ind. V 10; 
 Ky. 84; N.J. V 12, 13, 14; N.M. V 7; N.C. Ill 12; Ore. 
 
 V 8; Tex. IV 16; Utah VII 11; Wash. Ill 10; W.Va. 
 
 VII 16; Wyo. IV 6.) 
 For remainder of term or until disability ceases. ( Ariz. 
 
 V 6; Cal. V 16; Colo. IV 13; Fla. IV 19; Ida. IV 12; 111. 
 
 V 17; Iowa IV 17; Kan. I 11; Mich. VI 16; Mo. V 16; 
 Mont. VII 14; Nebr. V 16; Nev. V IS; N.Y. IV 6; N.D. 
 Ill 72; Ohio III 15; Okla. VI 16; Pa. IV 13; S.D. IV 6; 
 
 Wis. V 7.) 
 For remainder of term, or until disability ceases, or gov- 
 ernor elected and qualified. (Ark. VI 12.) 
 During vacancy. (Me. V Pt. I 14: Md. II 6; Mass. Pt. II 
 
 Ch. IT Sec. II 3; Minn. V 6; N.H. LI 48.) 
 During "absence" of governor. (Vt. II 3.) 
 "Ad i7iterim." (La. 66.) 
 Until a governor qualified or until office filled at next 
 
 annual election. (R.I. VII 9.) 
 Until disability removed. (Miss. V 131; S.C. IV 9.) 
 In Case of Impeachment, See above, this title, Impeachment — 
 
 Suspension Pending Pp.oceedings. 
 Election to Fill Vacancy, See below, this subdivision, Election 
 
 of New Governob. 
 Officer Second in Succession 
 
 No provision made in Tennessee and Virginia. 
 No specific provision made, but apparently same as in case 
 of officer first in succession. (Fla. IV 19; W.Va. VII 16.) * 
 Until vacancy filled or disability ceases. (Ala. V 127; Ark. 
 XII 13; Cal. V 16; Colo. IV 15; Del. Ill 20; Ga. V Sec. 
 I S; Ida. IV 14; 111. V 19; Ind. V 10; Iowa IV 19; Kan. 
 I 13; Ky. S5; Mich. VI 16; Mo. V 17; Mont. VII 16; 
 Nebr. V IS; Nev. V 17; N.J. V 12, 13; N.M. V 7; N.Y.
 
 - CITTJTIONS 
 
 GOVKK.NUR ' 
 
 - 
 . 4 th of Service of Successor (Cont'd)^ 
 
 ion (Cont'd i 
 _ ; N-.D. Ill 77; Ohio III 17; Okla. VI 
 . ; Pa. IV 14; S.D. IV 7; Utah VII 11; Vt. 
 11^4; Wash. Ill 10; Wis. V 8.) 
 
 . (Me. V Pt. I H; Md. 117; Mass. Pt. II 
 . Ill 6 j Minn. V 0; N.H. II 48.) 
 During • or vacancy. (R.I. VII 10.) 
 
 I bl governor or lieutenant-governor. (Conn. 
 
 IV 15; Tex. IV 17.) 
 tj : . bility removed. (Miss. V 131; S.C. IV 9.) 
 
 m." (La. 66.) 
 
 Officer Third in Succession 
 
 me as in case of officer second in succession. (Ala. V 
 
 Del. Ill 20; Md. II 7; Mo. V 17; N.M. V 7; N.Y. 
 
 IV 7; Okla. VI 15; Wash. Ill 10.) 
 
 specific provision made, but apparently same as in case 
 
 second in succession. (Colo. IV 15; Ida. IV 14; 
 
 111. V 19; Iowa IV 19; Kan. I 13; Mont. VII 16; Nebr. 
 
 V IS; Ohio III 17.) 
 provision made in West Virginia. 
 
 til vacancy filled. (Cal. V 16.) 
 
 ility removed. (Miss. V 131.) 
 :.til president pro tempore of senate elected. (Ky. 87.) 
 Until president pro tempore of senate elected or disability 
 of governor, lieutenant-governor or president pro tempore 
 
 removed. (La. 66.) 
 Compensation of Successsor 
 
 Die as that of governor. (Ala. V 129; Colo. IV 13; Ida. IV 
 
 12; 111. V 17; Ind. V 23; Iowa IV 15; Ky. S6; La. 67; Me. V 
 
 I 14: Mich. VI 18; Miss. V 131; Mo. V 16, 17; Mont. 
 
 VII 14; X.J. V 12, 14; X.M. V 7; N.C-. Ill 12; Okla. VI 16; 
 
 Pa. IV 13, 14; Tex. IV 17; Va. V 78.) 
 
 iut of governor, except in case of temporary disability 
 or absence from state. (Utah VII 11.) 
 
 Powers and Duties of Successor 
 
 be under restrictions and inhibitions imposed on 
 pernor by constitution. (Tex. IV 18.) 
 Election of New Governor 
 
 mey filled at next general election. (Utah VII 11.) 
 
 If genera] election for legislature during vacancy, election for 
 
 •o fill vacancy to be had at same time. (Fla. IV 19.) 
 
 - N '""' chosen at next election for legislature, unless 
 
 Lthin 30 days immediately preceding election, 
 
 1 succeeding election for legislature. 
 
 (N.J. V 12.)
 
 Index Digesi 743 
 
 GOVERNOR (Cont'd) 
 
 Succession to Office (Cont'd) 
 
 Election of New Governor (Cont'd) 
 
 If vacancy occurs before expiration of first two years of term, 
 election to be held to fill vacancy. (Ky. S5.) 
 
 If vacancy occurs more than 30 days before next general elec- 
 tion occurring within two years after commencement of term, 
 person to be elected at such election for remainder of term. 
 
 (Wash. Ill 10.) 
 
 If vacancy occurs before expiration of first three years of term, 
 election to be held to fill vacancy. (W.Va. VII 16.) 
 
 If both governor and lieutenant-governor are removed, die or 
 resign more than 60 days before next general election at 
 which any state officers are to be elected, governor and lieu- 
 tenant-governor to be elected for unexpired term. (Ala. V 
 
 127.) 
 
 If president pro tempore or speaker acts as governor, vacancy 
 in office of governor to be filled at next general election for 
 legislature. (Apparently lieutenant-governor serves whole 
 
 term.) (Cal. V 16.) 
 
 If vacancy in office does not occur within 12 months before 
 expiration of term for which elected, president of sc-nate or 
 speaker of house, exercising powers of governor, shall cause 
 election to be held to fill vacancy, giving by proclamation 
 60 days' notice, election to be governed by same rules as 
 general election of governor as far as applicable; returns 
 made to secretary of state, and acting governor, secretary of 
 state and attorney-general to constitute board of canvassers, 
 majority of whom shall compare returns and declare who is 
 
 • elected, and contested elections decided as may be prescribed 
 
 by law. (Ark. VI 14.) 
 
 If vacancy in office of both governor and lieutenant-governor, by 
 reason of death or otherwise, offices filled by legislature by 
 majority vote in joint convention; and acting governor, if 
 legislature not in session, to call a special session within 
 20 days after both offices are vacant if regular session is 
 not sooner to occur. Person elected *to serve for remainder of 
 term. (R.I. Amend. XI 4, 7.) 
 
 When both governor and lieutenant-governor-elect are incapaci- 
 tated, or when there has been failure to elect either of them, 
 legislature shall, on its organization, meet in joint convention 
 and, by majority vote, elect some person to fill the offices. 
 In case of election because of failure of candidate to receive 
 plurality of votes, election to be made from persons who 
 receive same and largest number of votes. Person elected 
 serves for remainder of term or full term as case may be, and 
 until successor qualified. (R.I. Amend. XI 3, 7.) 
 
 Legislature may provide for filling unexpired term by special 
 
 election. (Ga. V Sec. I 9.)
 
 -^ State Ce ^tituTioks 
 
 GOVERNOR ■ 
 Tekm of Ofi l 
 Length 
 
 rear: (Maes. Amend. X.) ' 
 
 (Arm V 1; Ark. VI 1; Colo. IV 1; Conn. Amend. 
 XW'I >. Ga. V Sec; 1 2; Ida. IV 1; Iowa IV 2, 15; Kan. 
 I i. M, 'Amend. 23; Mfcfi. VI Ij NRhn. V 3; Nebr. V 1; 
 Ml' II 41- V.M. V 1 ( 11*14) ; N.Y. IV I; N.D. Ill 71; Ohio 
 111 2 XVII ■'■ K.I Amend. XVI; S.C. IV 2; S.D. IV 1; Tenn. 
 
 Ill 4; Tex. IV 4; Wis. VI.) 
 
 I hr. e years. (N".J. V 3.) 
 
 ,- years. (Ala. V 116; Cal. V 2; Del. Ill 5; Fla. IV 2; Ind. 
 V l". 9: 111. V 1: Kv. 70, 73; La. 62; Md. II 1; Miss. V 116, 
 1:; , , 2 ; Hon*. VII 1; Nev. V 2; N.C. Ill 1; Okla. VI 
 
 4; Ore. V 1, 7; Pa. IV 3, 17; Utah VII 1; Va. V 69; Wash. 
 
 III 2 j W.Va. VII 1; Wyo. IV 1.) 
 
 To Berve until successor qualified (regardless of length of term 
 Bed). (Ala. V 116; Ark. VI 1; Cal. V 2; Conn. Amend. 
 XXVII 2; Ga. V Sec. 12; 111. V 1 ; Iowa IV 2, 15; Kan. I 1; 
 Ky. 73; Md. II 1; Mass. Amend. X; Minn. V 3; Miss. V 136; 
 Mo. V 2; Mont. VII 1; Nebr. V 1; Nev. V 2; N.C. Ill 1; 
 ND. Ill 71; Ohio III 2; Pa. IV 17; R.I. Amend. XVI; S.C 
 
 IV 2; Tenn. Ill 4; Tex. IV 4; Wash. Ill 2; Wyo. IV 1.) 
 To serve until successor qualified, or to adjournment of session 
 
 of legislature at which, by constitution and laws, successor is 
 
 to be chosen. (Vt. II 41.) 
 To serve until first Monday after successor qualified. (La. 64.) 
 Re-election to Same Office, See above, this title, Qualifications — 
 vice ik Office as Disqualification. 
 
 Time of Beginning 
 
 Winn chosen and qualified. (Vt. II 41.) 
 From time of installation. (Fla. IV 2; Nev. V 2.) 
 As provided by constitution or prescribed by law. (Ore. V 7.) 
 During first session of legislature after election. (Ga. V Sec. 
 
 I 3.) 
 Du: rat session of legislature after election on day pre- 
 
 scribed by law. (S.C. IV 2.) 
 January 1st after election. (N.M. V 1; N.C. Ill 1.) 
 First Mon. lay of January after election. (Ariz. V 1; Ida. IV 1; 
 
 Mont. VII 1; Utah VII 1.) 
 Fir iay after announcement by legislature of result of 
 
 election. (La. 64.) 
 Firs! Monday after January 1st, after election. (Cal. V 2.) 
 Fir-L 'i January after election. (Del. Ill 5; R.I. 
 
 Amend. XVI.) 
 First 1 lay after organization of legislature, or as soon there- 
 
 afi practicable. (Tex. IV 4.) 
 
 W< -t Monday of January after election. (Conn. 
 
 Amend. XXVII 2.)
 
 1 ndex Digest 7 1 5 
 
 GOVERNOR (Cont'd) 
 
 Term of Office (Cont'd) 
 
 Time of Beginning (Cont'd) 
 
 First Wednesday in January after election. (Me. Amend. 
 
 XXIII; Mass. Amend. X.) 
 First Thursday [after] first Tuesday in January after election. 
 
 (Nebr. VI.) 
 Second Monday of January after election. ( 111. V 1 ; Kan. I 1 ; 
 
 Mo. V 2; Ohio III 2; Okla. VI 4.) 
 Second Monday of January after election until otherwise pro- 
 vided by law. (Wash. Ill 4.) 
 Second Monday of January after election and from installation. 
 
 (Iowa IV 2, 15.) 
 Second Monday of January, 1S53, and every fourth year there- 
 after, find. V 9.) 
 January 15th after election. (Tenn. VII 5.) 
 Second Tuesday of January after election. (Colo. IV 1.) 
 Second Wednesday in January after election, except for first 
 
 governor. (Md. II 1, 3.) 
 First Monday after second Tuesday in January after election. 
 
 (Ala. V 116.) 
 Third Tuesday of January after election. (X.J. V 3; Pa. IV 3.) 
 First of February after election. (Va. V 69.) 
 March 4th after election. (W.Va. VII 1.) 
 Fifth Tuesday after election. (Ky. 73.) 
 Veto Power 
 
 See Legislative Procedure. 
 See Appropriations. 
 GRAND JURY 
 
 For organization, etc., See Juries. 
 
 For necessity of indictment by, See Crimes — . Form of Accusation. 
 GRANTS 
 
 Issued in name of state. (W.Va. II 8.) 
 
 Issued in name of state, attested by governor with seal of state annexed. 
 
 (Va. V 75.) 
 To be signed by governor with seal of state annexed. (Md. IV 13.) 
 To be in name and by authority of state, sealed with state seal and signed 
 
 by governor. (Tenn. Ill 16.) 
 Issued in name and by authority of state, sealed with great seal, signed 
 by governor and countersigned by secretary of state. (Ala. V 135; Ark. 
 VI 10; Cal. V 14; Fla. IV 14: Ida. IV 16: Iowa IV 21; Mont. VII 18; 
 Xev. V 16; X.C. Ill 16; Ohio III 13; S.C. IV 19: Utah VII 21.) 
 Issued in name and by authority of state, sealed with great seal, signed 
 by governor or person administering the government and countersigned 
 by secretary of state. (N.J. VIII 3.) 
 Of public property, See Public Property — Grants. 
 Of public land, See Public Lands — Grants. 
 
 Irrevocable grants of special privileges, immunities or franchises, See 
 
 Privileges. 
 To retired officers, See Pensions.
 
 ! I 1 I I T - 
 
 GUARANTY COMPANIES 
 
 all corporations, See Corporations. 
 -ible foreign or domestic guaranty companies, 
 lawfully . may be sureties on bonds of state, 
 
 ...• a . munici] 1 officers. (Fla. XVI 13.) 
 
 ; for jui nd authorized to do business in state, guaranty 
 
 - maj be sureties on bonds of state, county and municipal 
 
 officers. (Ark. XIX 21.) 
 
 les liable to " full visitorial and inquisitorial powers 
 
 of the state". (Ariz. XIV 16.) 
 
 . control under banking department and bank commission, 
 
 protect stockholders and depositors. (Okla. XIV 1.) 
 
 HABEAS CORPUS, WRIT OF 
 
 of courts to issv and determine, See the various classes 
 
 ■ ■ 
 riNG Provided fob 
 
 oted freely and without cost. (Fla. D.R. 7.) 
 To be granted speedily and of right. (Fla. D.R. 7.) 
 To be granted speedily and cheaply, easily, expeditiously and in an 
 
 ample manner. (Mass*. Pt. II Ch. VI 7; N.H. II 90.) 
 tenable of right. (Vt. II 33.) 
 
 Persons retrained of liberty entitled to remedy to inquire into law- 
 fulness thereof. (N.C. I 18.) 
 -hiture to enact laws to render remedy speedy and effective. 
 
 (Tex. I 12; Vt. II 33.) 
 : ENSION 
 
 Privilege not to be suspended. (Ala. 117; Ariz. II 14; Ga. I Sec. 
 I 11; Mo. II 26; N.C. I 21; Okla. II 10; Tex. I 12; Vt. II 33; 
 
 W.Va. Ill 4.) 
 Privilege not to be suspended, unless when, in case of rebellion or in- 
 vasion, public safety requires it. (Cal. I 5; Colo. II 21; Del. I 13; 
 Fla. I).;:. 7; 111. II 7: Ind. I 27; Iowa I 13; Kan. B.R, 8; Ky. 
 16; La. 13; Me. I 10; Mich. II 11; Minn. I I; Mont. Ill 21; Nev. 
 1 6; N .J. I 11; X.M. II 7; X.Y. I 4; N.D. I 5; Ohio I 8; Ore. I 
 l'a. I 14; S.D. VI &; Utah I 5; Va. IV 5S; Wash. I 13; 
 
 Wis. I a; Wyo, I 17.) 
 me; adds "insurrection". (S.C. I 23.) 
 Privileges not to be suspended, unless when in ease of rebellion or 
 public safety may require it; nor in any case but by 
 iture. (Conn* I 14; Miss. Ill 21; R.I. I 9.) 
 
 to be suspended, except by legislature in case of re- 
 n, when public safety may require it. (Ark. II 
 
 11.) 
 
 of writ nut to be suspended, unless when, in case of rebellion 
 
 •'""■ ire shall declare public safety requires it. 
 
 "(Tenn. I 15.) 
 ass no law suspending privilege of writ of habeas 
 
 corpus. (Md. Ill 55.) 
 
 tided, except in case of rebellion or invasion, 
 
 requires it. and then only in manner prescribed 
 
 by law. (Ida. I 5; Nebr. I 8.)
 
 Index Digest 747 
 
 HABEAS CORPUS, WRIT OF (Cont'd) 
 Suspension (Cont'd) 
 
 Privilege not to be suspended by legislature except on the most urgent 
 and pressing occasions and for a time not exceeding 12 months. 
 
 (Mass. Pt. II Ch. VI 7.) 
 
 Privilege not to be suspended by legislature, except on the most urgent 
 
 and pressing occasions and for a time not exceeding three months. 
 
 (N.H. II 90.) 
 
 HAPPINESS, RIGHT TO PURSUE AND OBTAIN, See Life, Liberty and 
 
 Property. 
 HEALTH, See Public Health. 
 
 HEREDITARY DISTINCTIONS 
 
 Hereditary offices, See Public Officers. 
 
 Titles of nobility prohibited. (Ala. I 29; Ind. I 35; Ky. 19; Me. I 23.) 
 No law to be passed granting any title of nobility. (Ore. I 29; Pa. I 24; 
 
 S.C. I 8.) 
 Hereditary distinctions prohibited. (Ala. I 29; Del. I 19; Ind. I 35; 
 
 Ky. 23; Me. I 23.) 
 No law to be passed conferring hereditary distinctions. (Ore. I 29; Pa. 
 
 124.) 
 Hereditary honors prohibited. (Ala. I 29; Ark. II 19; Conn. I 20; Kan. 
 
 B.R. 19*; Me. I 23; Ohio I 17; Tenn. I 30; W.Va. Ill 19.) 
 Hereditary honors ought to be prohibited. (N.C. I 30.) 
 Hereditary emoluments prohibited. (Ala. I 29; Ariz. II 29; Ark. II 19; 
 Conn. I 20; Kan. B.K. 19; Me. I 23; Ohio I 17; Tenn. I 30; Wash. 
 
 I 28; W.Va. Ill 19.) 
 No law to be passed granting hereditary emoluments. (S.C. I 8.) 
 Hereditary emoluments ought to be prohibited. (N.C. I 30.) 
 Hereditary privileges prohibited. (Ala. I 29; Ariz. II 29; Ark. II 19: 
 Conn. I 20; Kan. B.R. 19; Me. I 23; Ohio I 17; Tenn. I 30; Wash. I 
 
 28; W.Va. Ill 19.) 
 Hereditary privileges ought to be prohibited. (N.C. I 30.) 
 Hereditary powers prohibited. (Ariz. II 29; Wash. I 28.) 
 Social status of the citizen never to be the subject of legislation. (Ga. 
 
 I Sec. I IS.) 
 HIGHWAYS, Bee Roads. 
 
 HISTORY 
 
 Legislature to appropriate not less than $1,200 a year for maintenance 
 in New Orleans of memorial hall for collection and preservation of 
 works and mementoes of Civil War and other objects of interest, and 
 may appropriate for monuments on battlefields. (La. 304.) 
 
 Commissioner of public lands shall collect, classify and preserve historical 
 
 material. (Md. VII 4.) 
 
 Legislature may provide for creation of commissioner of insurance, statis- 
 tics and history, whose term of office, duties and salary to be prescribed 
 
 by law. (Tex. XVI 38.) 
 
 Legislature may make appropriations for preserving memorials of history 
 of state by means of monuments, statues and printing of documents of 
 historical' value. (Tex. XVI 39 .)
 
 State Co stitutions 
 
 HISTORY I 
 
 f or col] and preserving such records, rolls, 
 
 imenis, civil and military, relating to his- 
 
 .iv be willing to confide to state. (Tex. XVI 
 
 45.) 
 
 Military Records, Baxxers 
 
 axd Relics. 
 
 HOME RUL' al Home Rule. 
 
 HOMESTEADS. 'NS from Forced Sale. 
 
 hospitals, 6 
 
 •igrat: 
 
 ■•-. - . Ai.ii-:x> — Xatlralizatiox. 
 
 iculture and immigration to be recognized as part of 
 
 _ other duties to adopt needful measures for 
 
 : of proper immigration; to be composed of one member from 
 
 : district, appointed by governor with advice and 
 
 ite, to hold office for six years, and various officers to be 
 
 bers. M of board to serve without compensation 
 
 cxo. j»t actual ■ jes. I La. 305, 30S.) 
 
 Bureau of immi . labor and statistics established under charge of 
 
 appointed by governor with consent of senate to hold 
 
 rs and until successor qualified, unless sooner removed. 
 
 To perform duties and receive compensation prescribed by law. Com- 
 
 ncreased during term of office. (Ida. XIII 1, 8, 
 
 V 27.) 
 Bureau of statistics, agriculture and immigration to be established in 
 
 state under regulations prescribed by law. (Wash. 
 
 II 34.) 
 
 .irtmont of agriculture and immigration, permanently maintained at 
 
 litol under control of board of agriculture and immigration (com- 
 
 <>f one member from each congressional district, appointed by 
 
 four years, subject to confirmation by senate, and presi- 
 
 Lrginia Polytechnic Institute, who shall be ex officio member 
 
 :■: . Powers and duties of board to be prescribed by law, but 
 
 it i rid remove its officers and establish branches in the state. 
 
 • of agriculture is created to serve for four years, elected 
 
 of the state, whose powers and duties are prescribed 
 
 I agriculture and immigration until otherwise provided by 
 
 law. (Va. X 143.) 
 •a department of agriculture, immigration and 
 under gulatibns a^ may best promote agricultural 
 
 (N".C. Ill 17.) 
 
 •l under charge of commissioner of agriculture. 
 
 (Fla. IV 26.) 
 ropriate public money for establishment of bureau 
 of bringing immigrants into state. (Tex. XVI 
 
 56.) 
 • ' ' ropriate any public money for establishment and 
 
 ™ ' bureau of. (Okla. V 48.)
 
 Index Digest 749 
 
 IMMIGRATION (Cont'd) 
 
 Commissioners of agriculture to devise plans to secure industrious and 
 useful settlers; plans executed as prescribed by Legislature. (Del. XI 5.) 
 
 To be encouraged. (Ala. I 30.) 
 
 Legislature may restrain and regulate immigration of persons not quali- 
 fied to become citizens of United States. (Ore. I 31.) 
 
 Legislature may impose conditions upon which aliens who are or may 
 become vagrants, paupers, mendicants, criminals or invalids inflicted 
 with contagious or infectious diseases, or aliens otherwise dangerous 
 or detrimental to the welfare or peace of the state, may reside in the 
 state, and may provide means and mode of their removal from the 
 state upon failure to comply with such conditions. Presence of foreign- 
 ers ineligible to become citizens of United States dangerous to well- 
 being of state, legislature to discourage their immigration, and to 
 prohibit introduction into state of Chinese after adoption of consti- 
 tution. (Cal. XIX 1, 4.) 
 IMMUNITIES 
 
 See Privileges. 
 
 See Life, Liberty and Property. 
 
 IMPAIRMENT OF OBLIGATION OF CONTRACTS, See Contracts. 
 
 IMPEACHMENT 
 
 For provisions excepting cases of impeachment from requirement of in- 
 dictment or information, See Crimes — Form of Accusation. 
 Officers Impeachable 
 
 Impeachment not allowed. (Ore. VII 6.) 
 
 Xo officers specified in Idaho, Xew York and Xorth Carolina. 
 Governor, lieutenant-governor, attorney-general, auditor, secretary 
 of state, treasurer, superintendent of education, commissioner of 
 agriculture and industries and justices of highest court. Legis- 
 lature may provide for impeachment of other officers. (Ala. VII 
 
 173, 174.) 
 
 If prisoner taken from jail or from custody of sheriff or deputy and 
 
 put to death, or suffers grievous bodily harm owing to neglect, 
 
 connivance, cowardice or other grave fault of sheriff, sheriff may 
 
 be impeached. (Ala. V 138.) 
 
 Member of legislature or officer exercising judicial functions under 
 
 laws of state who receives free passes or tickets or passes at a 
 
 discount other than as sold to public generally, or procures same 
 
 for another, shall, on conviction, be subject to impeachment and 
 
 removal from office. (Ala. XII 244.) 
 
 Officers of executive department or officers or managers of state 
 
 institutions, for failure to make report when required by governor, 
 
 or making false report. (Ala. V 121.) 
 
 Governor and other state and judicial officers, except justices of 
 
 courts not of record. (Ariz. VIII Pt. II 2.) 
 Governor and all state officers, judges of highest and circuit courts, 
 
 chancellors and prosecuting attorneys. (Ark. XV 1.) 
 Governor, lieutenant-governor, secretary of state, comptroller, treas- 
 urer, attorney-general, surveyor-general, chief justice and assistant
 
 Constitutions 
 
 IMPEAC 
 
 ■art. judges of district court of appeals and 
 ants; all other civil officers to be tried for 
 aor j n , legislature may provide. (Cal. IV IS.) 
 
 state and judicial officers, except county judges 
 i" the peace. (Colo. XIII 2.) 
 and judicial officers; judges of highest court and of 
 irts. (Conn. IX 3. Amend. 12.) 
 and civil officers under state. (Del. VI 2.) 
 dministrative officers of executive department, justices of 
 high •; and justices of circuit court. (Fla. Ill 29.) 
 
 who shall have been, or may be, in office. (Ga. Ill 
 
 Sec. VI 3.) 
 and civil officers of state. (111. V 15.) 
 1 Ind. VI 7.) 
 
 • : p and town officers as prescribed by law. (Ind. 
 
 VI 8.) 
 ges of the highest court and district courts and other 
 
 state officers. (Iowa III 20.) 
 
 c officers under constitution. (Kan. II 28.) 
 
 civil officers. (Ky. 6S.) 
 
 or, lieutenant-governor, secretary of state, auditor, treasurer, 
 
 ar : 1. superintendent of public education, railroad com- 
 
 ni: - and all elective officers for whose removal constitution 
 
 dogs not provide, and justices and judges of courts of record. (La. 
 
 217.) 
 rs under this state; judicial officers. (Me. IX 5, VI 4.) 
 -• may " in all cases", and legislature may pro- 
 
 :•■ ly law for impeachment of governor; judges may be im- 
 peached. (Md. Ill 26, II 7, IV 4.) 
 
 te. (Mass. Pt. II Ch. I Sec. II S.) 
 (Mich. IX 1.) 
 
 tary of state, treasurer, auditor, attorney-general and 
 
 judges of highest and district courts. (Minn. XIII 1.) 
 
 r and civil officers of state. (Miss. IV SO.} 
 
 or, lieutenant-governor, secretary of state, auditor, treasurer, 
 
 ""i' ral, superintendent of public schools, and judges of 
 
 ircuit and criminal courts, and of the St. Louis court of 
 
 appeals. (Mo. VII 1.) 
 r and other state and judicial officers, except justices of the 
 
 peace. (Mont. V 17.) 
 Civil officers of state. (Xebr. V 5.) 
 
 • ite and councillors. (N.H. II 37, 62.) 
 and civil officers under state. (X.J. V 11.) 
 
 and judges of district courts. (X.M. IV 36.) 
 and other state and judicial officers, except justices of the 
 
 peace. (Xev. VII 2.) 
 
 i other state and judicial officers (except county judges, 
 
 I the peace and police magistrates). (N.D. XIV 196.)
 
 Index Digest 751 
 
 IMPEACHMENT (Cont'd) 
 
 Officers Impeachable (Cont'd) 
 
 Governor, judges and state officers. (Ohio II 24.) 
 
 Governor and other elective state officers, including justices of high- 
 est court. (Okla. VIII 1.) 
 
 Governor and civil officers. (Pa. VI 3.) 
 
 Executive and judicial officers; judges may be impeached for official 
 
 misdemeanor, i R.I. XI 3, X 4.) 
 
 Governor and all other executive and judicial officers. (S.C. XV 3.) 
 
 Governor and other state and judicial officers (except county judges, 
 justices of the peace and police magistrates). (S.D. XVI 3.) 
 
 Governor, judges of highest court, judges of inferior courts, chan- 
 cellors, attorneys for state, treasurer, comptroller and secretary of 
 
 state. (Tenn. V 4.) 
 
 Governor, lieutenant-governor, attorney-general, treasurer, comptrol- 
 ler, commissioner of general land office, and judges of highest 
 court, appellate court and district courts. (Tex. XV 2.) 
 
 Governor and other state and judicial officers, except justices of the 
 
 peace. (Utah VI 19.) 
 
 State criminals. (Vt. II 14.) 
 
 Every officer of state, whether judicial or executive. (Vt. II 54.) 
 
 Governor, lieutenant-governor, attorney-general, judges, members of 
 state corporation commission and executive officers at seat of gov- 
 ernment and officers appointed by governor or elected by legisla- 
 ture. (Va. IV 54, XII 155.) 
 
 Governor and other state and judicial officers, except judges and 
 justices of courts not of record. (Wash. V 2.) 
 
 Officers of state. (W.Va. IV 9.) 
 
 Civil officers of state. (Wis. VII 1.) 
 
 Governor and other state and judicial officers, except justices of the 
 
 peace. (Wyo. Ill 18.) 
 Grounds for 
 
 No grounds are specified in Connecticut, Idaho, Georgia, Maryland, 
 New York, North Carolina, South Carolina and Texas; in Oregon 
 impeachment is not allowed. (Ore. VII 6.) 
 
 Wilful neglect of duty, corruption in office, incompetency, intem- 
 perance in use of liquors or narcotics, or offense involving moral 
 turpitude while in office. (Ala. VII 173.) 
 
 Failure to make report when required by governor or making false 
 report, by officers of executive department or officers or managers 
 of state institutions. (Ala. V 121.) 
 
 If prisoner taken from jail or from custody of sheriff or deputy and 
 put to death, or suffers grievous bodily harm owing to neglect, 
 connivance, cowardice or other grave fault of sheriff, sheriff may 
 
 be impeached. (Ala. V 138.) 
 
 Member of legislature or officer exercising judicial functions under 
 laws of state who receives free passes or tickets or passes at a 
 discount other than as sold to public generally, or procures same 
 for another, shall, on conviction, be subject to impeachment and 
 removal from office. (Ala. XII 244.)
 
 Co snnrao 
 
 IMPEACH.V 
 
 I'd) 
 
 :.-.■:. .mors or malfeasance in office. (Ariz. VIII 
 
 Pt. II 2; Utah VI 19.) 
 E and misdi meanors and gross misconduct in office. (Ark. 
 
 XV 1.) 
 (Cal. IV IS; Fla. Ill 29; 111. V 15: Kan. 
 II B8; Ky. 68; Me. IX 5; N.J. V 11; Ohio II 24; Pa. VI 3.) 
 
 . misdemeanor, or malfeasance in office. (Colo. XIII 
 
 2; Wash. V 2.) 
 y or high crime or misdemeanor in office. ( Del. VI 
 
 2; Miss. IV 50.) 
 incapacity or negligence. (Ind. VI 7.) 
 Misdemeanor or malfeasance in office. (Iowa III 20; Xev. VII 2.) 
 High crimes and misdemeanors, for nonfeasance or malfeasance in 
 of] incompetency, for corruption, favoritism, extortion or 
 
 . in office, or for gross misconduct, or habitual drunken- 
 ness. (La. 217.) 
 Misconduct and maladministration in office. (Mass. Pt. II Ch. I 
 
 Sec. II S.) 
 rujit conduct in office or for crimes and misdemeanors. (Mich. 
 
 XI I; Minn. XIII 1: Wis. VII 1.) 
 Iliidi irimes or misdemeanors, and for misconduct, habits of drunk - 
 or oppression in office. (Mo. VII 1.) 
 - and misdemeanors, or malfeasance in office. (Mont. V 
 
 17; Wyo. Ill 18.) 
 Misdemeanor in office; drunkenness. (Xebr. V 5. XIV 3.) 
 Bril rruption, malpractice or maladministration in office. 
 
 (X.H. II 37.) 
 misdemeanors and malfeasance in office. (N.M. IV 36.) 
 H ibitual drunkenness, crimes, corrupt conduct, or malfeasance, or 
 
 r in office. (X.D. XIV 196.) 
 Drunkenness and excessive use of intoxicating liquors while in office. 
 
 (Okla. II 11.) 
 
 Wilful neglecl of duty, corruption in office, habitual drunkenness, 
 
 m " f offense involving moral turpitude while in office. 
 
 (Okla. VIII 1.) 
 ial misdemeanor i in case of judges). (R.I. X 4.) 
 
 crimes, corrupt conduct, or malfeasance or misde- 
 meanor n. office* ■>.]). XVI 3.) 
 
 1 ' ril: i:l1 capacity which may require disqualification. (Tenn. 
 
 V 4.) 
 ladmini8tration. (Vt. II 54.) 
 
 Malfeasance in office, corruption, neglect of duty or other high 
 
 crime nr misdemeanor. (Ya. IV 54.) 
 Maladministration^ corruption, incompetency, gross immorality, neg- 
 i'<t ,.i .luiy , ir hi<.r], erime ot wifidemeanon, (W.Va. IV 9.)" 
 Imitmhmkm Aim::: Ijavi.m; Office 
 
 All pen. Dfl who shall have been or may be in office may be im- 
 peached. (Ga. Ill Sec. VI 3.)
 
 Index Digest 7 5'5 
 
 IMPEACHMENT [Cont'd) 
 
 Impeachment After Leaving Office (Cont'd) 
 
 During continuance in office and for two years thereafter. (X.J. 
 
 V 11.) 
 Impeachment allowed " either when in office or after resignation or 
 
 removal". (\'t. II 54.) 
 Charges Preferred by Whom 
 Lower House 
 
 Xc? provision as to number of votes necessary. (Ala. VII 173; 
 Ark. XV 2; Cal. IV 17; Conn. IX 1; Ga. Ill Sec. VI 3; Ida. 
 V 4; Iowa III 19; Kan. II 27; Ky. 66; La. 21S; Me. IV 
 Pt I S; Mass. Pt. II Ch. I Sec. II 8; Mo. VII 2; X.H. II 16, 
 37; X.C. IV 4; Okla. VIII 3; Pa. VI 1; Tenn. V 1; Tex. 
 
 XV 1; Va. 54; W.Va. IV 9.) 
 By majority of all members. (Ariz. VIII Pt. II 1; Colo. XIII 
 1; Mont.V 16; X.J. VI Sec. Ill 1; Wash. V 1; Wyo. Ill 17.) 
 By majority of members elected. (111. IV 24; Md. Ill 20; Mich. 
 IX 1; Minn. IV 14; Xev. VII 1; X.M. IV 35; X.Y. VI 13; 
 X.D. XIV 194; Ohio II 23; S.D. XVI 1; Wis. VII 1.) 
 By two-thirds vote of members. (Vt. II 14, 53.) 
 By two-thirds vote of all members. (Del. VI 1.) 
 By two-thirds vote of members elected. ( Ind. VI 7 ; S.C. XV 1 ; 
 
 Utah VI 17.) 
 By two-thirds vote of members elected (for impeachment of 
 
 governor). (B.I. XI 1.) 
 By two-thirds vote of members present. (Fla. Ill 29; Miss. 
 
 IV 49.) 
 
 Both Houses in Joint Convention 
 
 By majority of members elected; resolution to impeach may be 
 by either house, and other house at once notified; joint con- 
 vention to be held within three days. (Xebr. Ill 14.) 
 
 Copt of Charges 
 
 Copy of impeachment served on officer impeached at least. 20 days 
 
 prior to trial. (Minn. XIII 5; X.D. XIV 200; S.D. XVI 7.) 
 Copy of impeachment, attested and setting forth time and place of 
 trial, served on person impeached at least 14 days prior to trial. 
 
 (X.H. II 37.) 
 Copy of impeachment served on officer impeached at least 10 days 
 
 prior to trial. (Utah VI 20.) 
 
 Suspension of Officer Pending Proceedings 
 
 Officer not to exercise duties of office after impeachment and before 
 acquittal. (Fla. Ill 34; Minn. XIII 3; Xebr. Ill 14; X.M. IV 36; 
 X.D. XIV 198; K.I. XI 1; S.C. XV 1; S.D. XVI 5; Tex. XV 5; 
 
 Utah VI 20.) 
 Legislature may provide for suspending officer " pending impeach- 
 ment or prosecution for misconduct in office". (Colo. XII 1; Wyo. 
 
 VI Elections 4.)
 
 State < dtions 
 
 IMPEACHMENT - ' 
 
 Proceedings (Oo»*rf) 
 
 cnor or acting governor, suspended 
 ng pendencj of impeachment, except as otherwise 
 tution. (La. 219.) 
 
 ise duties of office after impeachment and 
 
 , itlal . ( :,,VIS,, III 2; X.Y. VI 13; Wis. VIII.) 
 
 may make provisional appointment to fill vacancy 
 
 n ,l or until election and qualification of successor. 
 
 (Mich. IX 4, 5.) 
 
 . ancy caused by suspension filled by appointment by 
 
 governor. (Fla. Ill 34; Tex. XV 5.) 
 
 incy caused by suspension filled by appointing power. 
 
 (La. 219.) 
 try vacancy caused by suspension filled as prescribed by law. 
 
 (S.C. XV 1.) 
 
 Governor. 
 r may appoint person to discharge duties of office during 
 Lused by impeachment of judge of highest court. (R.L 
 
 X 5.) 
 
 .: \L 
 
 Composition of Court 
 
 Trial by senate. (Ala. VII 173: Ariz. VIII Pt. II 1; Ark. XV 2; 
 
 1. IV 17; < olo. XIII 1; Conn. IX 2; Del. VI 1; Fla. Ill 
 
 29; Ga. HI Sec. V 3; Ida. V 3; 111. IV 24; Ind. VI 7; Iowa 
 
 III L9; Kan. II 27: Ky. G7 ; La. 218; Me. IV Pt. II 7; Md. Ill 
 26; Mass. Pt. Jl Ch. I Sec. II 8, Sec. Ill 6; Mich. IX 3; Minn. 
 
 IV 14; Miss. IV 49; Mo. VII 2; Mont. V 16; Nev. VII 1; 
 X.M. II 16, 37: X.-T. VI Sec. Ill 1: X.M. IV 35; N.C. IV 3; 
 X.I). XIV 19.5; Ohio II 23; Okla. VIII 4; Pa. VI 2; R.I. XI 
 2; S.C. XV 2; S.D. XVI 2; Tenn. V 2; Tex. XV 2; Utah 
 VI 18; \t. II .VI: Va. 54; Wash. V 1: YY.Va. IV 9; Wis. VII 
 
 1; Wyo. Ill 17.) 
 
 irt for trial of impeachments to consist of president of senate, 
 
 itors, or major part of them, and judges of highest court, 
 
 or major part of them. (X.Y. VI 13.) 
 
 Trial by highest court, unless member of that court impeached, 
 
 in which case court composed of all judges of district courts. 
 
 (X T ebr. Ill 14.) 
 
 On trial of governor, lieutenant-governor not to act as member of 
 
 ■irt. (Ky. S4; Minn. XIII 4; N.Y. VI 13; N.D. XIV 199; 
 
 S.D. XVI 6; Wis. VII 1.) 
 < »n trial of lieutenant-governor, he is not to act as member of 
 
 court. (N.Y. VI 13.) 
 
 ority of the members to constitute quorum. (N.C. IV 3.) 
 
 members elected to constitute quorum. (Ida. V 3.) 
 
 ite to be clerk of impeachment court. (X.J. VI 
 
 Sec. Ill 4.) 
 ■'alary of members of legislature during proceedings, See Legis- 
 lature.
 
 Index Digest 755 
 
 IMPEACHMENT (Cont'd) 
 Trial (Cont'd) 
 
 Presiding Officer 
 In General 
 
 When member of highest court on trial, all judges of district 
 courts to elect one of their own members to preside. 
 
 (Nebr. Ill 14.) 
 Chief justice, unless impeached or otherwise disqualified, 
 
 when senate selects a presiding officer. (Ark. XV 2.) 
 Chief justice or presiding justice of highest court; if chief 
 justice disqualified, senate to select judge of that court to 
 
 preside. (Ga. Ill Sec. V 4.) 
 - Chief justice of highest court to preside; if he is on trial or 
 otherwise disqualified, senate to elect judge of that court 
 to preside. (Ariz. VIII Pt. II 1.) 
 Chief justice, or if absent or disqualified, one of associate jus- 
 tices of highest court selected by it. If all members of 
 court are absent or disqualified or in case of impeachment 
 of justice of highest court, senate to elect one of its own 
 members as presiding officer. (Okla. VIII 3.) 
 Chief justice, and if improper for him to act, any judge of 
 
 that court designated by it. (W.Va. IV 9.) 
 Chief justice, except on his trial, when governor to preside. 
 
 (Fla. Ill 29.) 
 Chief justice, or, if disqualified, senior justice, " with casting 
 
 vote, in all preliminary questions". (S.C. XV 2.) 
 Chief justice, or, if he is on trial, senior associate justice. 
 
 (Term. V 2.) 
 When Governor on Trial 
 
 Chief justice. (Colo. XIII 1; Conn. IX 2; Ida. V 4; 111. 
 IV 24; Ky. 84; Mich. IX 3; Mont. V 1G; Mo. VII 2; 
 Nev. VII 1; N.M. IV 35; X.C. IV 4; X.D. XIV 195; S.D. 
 XVI 2; Utah VI 18; Wash. VI 1: Wyo. Ill 17.) 
 Chief justice, with "■ casting vote, in all preliminary ques- 
 tions ; '. I R.I. XI 2.) 
 Chief justice, but to have no vote. (X.H. II 39.) 
 Chief justice, or senior associate justice. (La. 218.) 
 Chief justice ; when he is disabled, or disqualified, or refuses 
 to act, judge next oldest in commission. (Miss. IV 52.) 
 Chief justice, or if absent or disqualified, one of associate 
 
 justices of that court selected by it. (Ala. VII 173.) 
 Chief justice, or if he is absent or disabled, chancellor. 
 
 (Del. VI 1.) 
 When Lieutenant-Governor on Trial 
 
 Chief justice. (Colo. XIII 1; Mich. IX 3; Mont. V 16; Xev. 
 VII 1; N.D. XIV 195; N.M. IV 35; S.D. XVI 2; Wash. 
 
 V 1.) 
 Chief justice, or if he is absent or disabled, chancellor. 
 
 (Del. VI 1.) 
 Chief justice, or if absent or disqualified, one of associate 
 justices of that court selected by it. (Ala. VII 173.)
 
 j Stat] Constitutions 
 
 IMPEACHMENT I 
 
 Time of Holding 
 
 r final adjournment. (Mich. IX 2; Tenn. V 3.) 
 
 I during recess of legislature. (Va. IV 54; W.Va. 
 
 IV 9.) 
 when lower house not in session. (Fla. Ill 29; 
 
 La. 218.) 
 
 limi tation of length of biennial session not to apply when im- 
 
 ente are pending. (Ark. V 17.) 
 
 . adjourn trial from time to time. (La. 21S.) 
 
 may adjourn to such time and place as deemed proper, 
 
 though legislature not assembled on such day or at such place. 
 
 (N.H. II 35.) 
 ate may adjourn to fixed day not more than six months after 
 
 charges preferred. (Fla. Ill 29.) 
 ailed provisions as to assembling of lower house during recess 
 to prefer charges against governor, lieutenant-governor or act- 
 ing governor, and of senate to try such charges. (Ala. VII 
 
 173.) 
 
 Within 10 days after notice served on chief justice of highest 
 
 court or (if member of highest court impeached) within 30 
 
 da\s after notice to all judges of district courts. (Nebr. Ill 
 
 14.) 
 Procedure 
 
 Members of court on oath or affirmation. (Ala. VII 173; Ariz. 
 
 VIII Pt. II 1; Ark. XV 2; Cal. IV 17; Colo. XIII 1; Conn. 
 
 IX 2; Del. VI 1; Fla. Ill 29; Ga. Ill Sec. V 4; Ilk IV 24; 
 Iowa III 19; Ky. 67; La. 218; Me. IV Pt, II 7; Md. Ill 26; 
 Mich. IX 3; Minn. IV 14; Mont. V 16; Nev. VII 1; N.H. II 
 37; X.J. VI Sec. Ill 1; N.M. IV 35; N.Y. VI 13; N.D. XIV 
 195; Ohio II 23; Okla. VIII 4; Pa. VI 2; E.I. XI 2; S.C. XV 2; 
 SLD. XVI 2; Tenn. V 2; Tex. XV 3; Utah VI IS; Vt. II 54; 
 Va. 54; Wash. V 1; W.Va. IV 9; Wis. VII 1; Wyo. Ill 17.) 
 
 Members of court sworn. (Kan. II 27; Mass. Pt. II Ch. I Sec. 
 
 II 8; Miss. IV 49;. Mo. VII 2.) 
 Lower house elects three members to prosecute. (Mich. IX 2; 
 
 Tenn. V 3.) 
 ]'• rson impeached may produce witnesses and proof and may 
 
 appear by counsel. (X.H. II 37.) 
 nt may be rendered if person impeached does not appear. 
 
 (N.H. II 37.) 
 Number Necessary for Conviction 
 
 No provision made in Alabama, Massachusetts and New Hamp- 
 shire, 
 of members. (Ark. XV 2; Ohio II 23.) 
 thirda of all members. (Del. VI 1; N.J. VI Sec. Ill 1.) 
 faro-thirds of numbers of court. (Nebr. Ill 14.) 
 
 bers elected. (Ariz. VIII Pt, II 2; Cal. IV 
 17 : Colo. XIII 1; Ida. V 4; 111. IV 24; Ind. VI 7; Kan. II 27;
 
 Index Digest 757 
 
 IMPEACHMENT (Cont'd) 
 Trial (Cont'd) 
 
 Number Necessary for Conviction (Cont'd) 
 
 Md. Ill 26; Mich. IX 3; Mont. V 16; Nev. VII 1; N.M. IV 
 35; N.D. XIV 195; E.I. XI 2; S.C. XV 2; S.D. XVI 2; Utah 
 
 VI 18; Wash. V 1; Wyo. Ill 17.) 
 Two-thirds of members to which senate entitled under appor- 
 tionment. (W.Va. IV 9, VI 32.) 
 Two-thirds of members " sworn to try the officer impeached ". 
 
 (Tenn. V 2.) 
 
 Two-thirds of members present. (Conn. IX 2; Fla. Ill 29; 
 
 Ga. Ill Sec. V 4; Iowa III 19; Ky. 67; La. 218; Me. IV Pt. 
 
 II 7; Minn. IV 14; Miss. IV 52; Mo. VII 2; N.Y. VI 13; 
 
 N.C. IV 3; Okla. VIII 4; Pa. VI 2; Tex. XV 3; Vt. II 54; 
 
 Va. 54; Wis. VII 1.) 
 
 Limits of Judgment 
 
 Xot to extend beyond removal from office. (Mich. IX 3; Okla. VIII 
 
 5; R.I. XI 3; S.C. XV 3.) 
 Xot to extend beyond removal from office and disqualification to 
 
 hold office in state. (Ida. V 3; N.C. IV 3.) 
 Not to extend beyond removal from office and disqualification to 
 
 hold office under authority of state. (Ohio II 24.) 
 Not to extend beyond removal from office and disqualification to 
 
 hold office under authority of state during term for which elected 
 
 or appointed. (Ala. VII 176.) 
 Not to extend beyond removal from office and disqualification to 
 
 holding office of trust or profit under state. (N.D. XIV 196; 
 
 Pa. VI 3; S.D. XVI 3.) 
 Not to extend beyond removal from office and disqualification to hold 
 
 office of honor, trust or profit in state. (Ariz. VIII Pt. II 2; 
 
 Colo. XIII 2; Ga. Ill Sec. V 5; Minn. XIII 1; Miss. IV 51; Nebr. 
 
 Ill 14, 20; Utah VI 19; Wash. V 2.) 
 Not to extend beyond removal from office and disqualification to 
 
 hold office of honor, trust or profit under state. (Ark. XV 1; 
 
 Cal. IV IS; Conn. IX 3; Del. VI 2; Fla. 111*29; Iowa III 20; 
 
 Ky. 68; La. 21S; Mass. Pt, II Ch. I Sec. II 8; Me. IV Pt. II 7; 
 
 Mo. VII 2; Nev. VII 2; N.J. VI Sec. Ill 3; N.Y. VI 13; Tex. 
 
 XV 4; Vt. II 54; Va. IV 54; W.Va. IV 9; Wis. VII 1.) 
 Not to extend beyond removal from office and disqualification to hold 
 
 office of profit, honor or trust under constitution. (Kan. II 2S.) 
 Not to extend beyond removal from office and disqualification to hold 
 
 office of honor, profit or trust under the government of this state. 
 
 (111. IV 24.) 
 Not to extend beyond removal from office and disqualification to 
 
 hold office of honor, trust or profit under laws of state. (Mont. V 
 
 17; Wyo. Ill 18.)" 
 Not to extend beyond removal from office and disqualification to hold 
 
 place of honor, trust or profit under state. (N.H. II 3S.)
 
 75a State < oustitutions 
 
 IMPEACH.' 
 
 nd removal from office ami disqualification to hold 
 I or profit, or to vote under laws of state. 
 
 (N.M. IV 36.) 
 nd removal from office and disqualification to fill 
 nn legislature may relieve from penalties any person 
 holding office by judgment of court of impeach- 
 ment. (Tenn. V 4.) 
 
 :.t and punishment as provided by law. (Ala. VII 
 
 XV 1: Ariz. VIE Pt. II 2; Gal. IV IS; Colo. XIII 2; 
 
 . IX 3 j Del. VI 2; Fla. Ill 29; Ga. Ill Sec. V 5; Ida. V 3; 
 
 !\ 24; [owa HI 20; Kan. II 28; Ky. 68; La. 218; Me. IV 
 
 l't. II 7: Mass. Pt. II Ch. I Sec. II S; Mich. IX 3; Minn. XIII 1; 
 
 ; Mo. VII 2 j Mont. V 17; Nebr. Ill 14; Nev. VII 2; 
 
 X.ll. II :;s; N.J. VI Sec. Ill 3; X.M. IV 36; N.Y. VI 13; N.C. 
 
 D. XIV 196; Ohio II 24; Okla. VIII 5; Pa. VI 3; R.I. 
 
 3.C. XV 3; S.D. XVI 3; Tenn. V 4; Tex. XV 4; Utah VI 
 
 ;. II 54; Va. IV ;34; Wash. V 2; W.Va. IV 9; Wis. VII 1; 
 
 Wyo. Ill 18.) 
 ivil action according to law. (X.M. IV 36.) 
 
 to impeachment twice for same offense. (X".D. 
 
 XIV 201; S.D. XVI 8.) 
 
 ichment expressly excepted from right to grant pardons. (Ala. 
 
 (24; Ariz. V 5; Ark. V] 18; Cal. VII 1; Colo. IV 7; Del. VII 1; 
 
 Fla. IV 12: Ga. V Sec. I 12: Ida. IV 7; Ind. V 17: Iowa 
 
 IV 16; Ky. 77: La. 70; Me. V Pt. I 11; Md. II 20; Mass. Pt. II 
 
 Ch. II Sec. I 8; -Midi. VI 9; Minn. V 4; Miss. V 124; Mo. V S; 
 
 lit. VII 9: Nebr. V 13; Xev. V 14; N.H. II 51; N.J. V 10; 
 
 i. V 6; X.V. IV :.: X.C. Ill 6; X.D. Ill 76; Ohio III 1; Okla. 
 
 10; Pa. IV 9; I!.r. Amend. 2; S.C. IV 11; S.D. IV 5; Tenn. 
 
 6; Tex. IV 11; Utah VII 12; Vt. II 20; Va. V 73; W.Va. VII 
 
 11; Wis. V 6; Wyo. IV 5.) 
 n of impeachment from right to grant pardons. 
 (111. V 13; Kan. I 7: Wash. Ill 9.) 
 
 ii for granting pardons in any cases is found in Con- 
 necticut. 
 linn ni j< nut allowed. (Ore. VII 6.) 
 
 "ted from right to grant reprieves. 
 
 24; Ariz. V 7, ; Ark. VI IS; Cal. VII 1; Colo. IV 7; 
 
 IV 10; Del. VII I; Fla. IV 11; Ga. V Sec. I 12; Ida. IV 
 
 Iowa IV 16; Ky. 77: Me. V Pt. I II; Md. II 20; 
 
 Minn. V 1: Miss. V 124; Mo. V 8; Mont. VII 9; Nebr. 
 
 V 13; \..l. V 9; X.M. V 6; X.V. IV 5; N.C. Ill 6; N.D. 
 
 Ohio III 1: okla. V] Hi: Pa. IV 9; E.I. Amend. 2; S.C. 
 
 ,v "'■ Tenn. Ill 6; Tex. IV 11; Utah VII 12; Vt. 
 
 M 20; Va. V 7::-. W.Va. VII 11: Wis. V 6; Wyo. IV 5.)
 
 Index Digest 759 
 
 IMPEACHMENT [Cont'd) 
 Reprieves ( Cont'd ) 
 
 No specific exception of impeachment from right to grant reprieves 
 
 "for all offenses". (111. V 13; La. 70.) 
 No specific provision for granting reprieves in any cases is found in 
 Kansas, Massachusetts, New Hampshire and Washington, but 
 Massachusetts and New Hampshire except impeachment from the 
 right to grant pardons. (Kan. I 7; Mass. Pt. II Ch. II Sec. I 8; 
 
 X.H. II 51; Wash. Ill 9.) 
 Impeachment not allowed. (Ore. VII 6.) 
 
 Removal of Disabilities 
 
 Act of legislature alone may remit or mitigate punishment. (Vt. II 
 
 20.) 
 Impeachment expressly excepted from right to grant commutation of 
 punishments. (Ala. V 124; Ariz. V 5; Ark. VI 18; Cal. VII 1; 
 Colo. IV 7; Del. VII 1; Fla. IV 12; Ga. V Sec. I 12; Ida. IV 7; 
 Ind. V 17; Iowa IV 16; La. 70; Ky. 77; Me. V Pt. I 11; Mich. 
 VI 9; Mo. V S; Mont. VII 9; Nebr.V 13; Nev. V 14; N..Y. IV 5; 
 N.C. Ill 6; N.D. III 76; Ohio III 1; Okla. VI 10; Pa. IV 9; 
 .S.C. IV 11; S.D. IV 5; Tex. IV 11; L'tah VII 12: Wis. V 6; 
 
 Wyo. IV 5.) 
 No express exception of impeachment from right to commute punish- 
 ment "for all offenses". (111. V 13.) 
 No specific provision for granting commutations of punishments in 
 any cases is found in (Conn. IV 10; Kan. I 7; Md. II 20; Mass. 
 Pt II Ch. II Sec. I 8; Minn. V 4; Miss. V 124; X.H. II 51; N.J. 
 V 10; N.M. V 6; R.I. VII 4; Term. Ill 6; Vt. II 20; Va. V 73; 
 
 Wash. Ill 9; W. Va. VII 11.) 
 Impeachment not allowed. (Ore. VII 6.) 
 
 IMPRISONMENT FOR DEBT 
 
 Prohibited in General 
 
 For exceptions to general rule, .Sec below, this title, Exceptions. 
 
 In all cases. (Ala. I 20; Ariz. II IS; Colo. II 12; Fla. D.R. 16 
 Ga. I Sec. I 21; Ida. I 15; 111. II 12; Ind. 1 22; Kan. B.R. 16 
 Md. Ill 38; Minn.'l 12; Miss. Ill 30; Mo. II 16; Mont. Ill 12 
 Nev. I 14; N.J. I 17; N.C. I 16; N.D. I 15; Okla. II 13; Ore. I 
 19; S.C. I 24; Tex. I 18; Utah I 16; Wash. I 17; Wyo. I 5.) 
 
 In all civil actions. (Ark. II 16; Cal. I 15; Iowa I 19; Nebr. I 20; 
 
 N.M. II 21: Ohio I i:> : Tenn. I IS.) 
 
 In all cases after debtor has delivered up his estate in manner pre- 
 scribed by law. (Ky. B.R. IS; Pa. I 16; Vt. II 32.) 
 
 In all cases after debtor has delivered up his estate in manner "pro- 
 vided by law, he ought not to be continued in prison. (R.I. I 11.) 
 
 In all cases of militia fines in time of peace. (Cal. I 15; Iowa I 19; 
 Mich. II 20; Nev. I 14: N.J. I 17.) 
 
 In all cases arising out of or founded on contract (Mich. II 20; 
 N.J. I 17; S.D. VI 15; Wis. I 16.)
 
 State Constitutions 
 
 IMPRISONMENT FOR DEBT [Cont'd) 
 
 Xriz. II 18; Ark. II 16: Cal. I 15; Fla. D.R. 16; Ida. I 15 
 1 22- [owa I 19-; Kan. B. R. 10; Mich. II 20; Minn. I 12 
 \,v. I 14: X.J. I 17: X.C. I 16; Ohio I 15; Ore. I 19 
 Pa. I 16; S.C. I 24; Wyo. I 5. 
 prion of fraud. (Colo. II 12; 111. II 12: Ky. 18 
 N.D. I 15; R.I. I 11; Vt. II 32. 
 strong presumption of fraud. (Mont. Ill 12.) 
 ,lo. II 12; N.D. I 15.) 
 ilful injury to person or property. (Cal. I 15.) 
 
 Lil 1 I*-) 
 
 Nev. I 14.) m 
 
 t of fines and penalties imposed for violations of law. 
 ' ' " (Mo. II 16; Okla. II 13.) 
 
 to deliver up estate for benefit of creditors in manner pre- 
 law. (Colo. II 12; 111. II 12; Mont. Ill 12; N.D. I 15.) 
 debtors. (Ore. I 19; Utah I 16; Wash. I 17.) 
 illected bv public officers or persons in professional employ- 
 ment. (Mich. II 20.) 
 ich of trusts. (Mich. II 20.) 
 
 INDIANS 
 
 1QC0R. 
 
 I VWTIOX. 
 
 - •— ni \I.II-ICATlnNS AND DISQUALIFICATIONS OF 
 
 Electors. 
 
 lima right and title to land owned ot held by Indian or Indian 
 
 tn . until title extinguished by United States same to remain 
 
 f. u l • • disposition of United State9 and under absolute jurisdiction 
 
 *ress. (Ida. XXI lU: Mont. I 2: X.D. XVI 203; 
 
 S.D. XXII 2, XXVI IS; Utah III 1; Wash. XXVI 2; Wyo. Ordinance.) 
 
 ims right and title to lands owned or held by Indian or Indian 
 
 tribes, right or title to which acquired through or from United vStates 
 
 or any prior sovereignty, and until title of such Indian or Indian 
 
 tribes extinguished, to remain, subject to disposition and under absolute 
 
 ction and control of Congress. (Ariz. XX 4; X.M. XXI 2.) 
 
 lims right and title to land owned or held by Indian, tribe or 
 
 nation, and until title extinguished by United States to remain subject 
 
 tion, disposal and control of United States. (Okla. I 3.) 
 
 ts for sale of lands made since October 14, 1775, made 
 
 of or with Indians, not to be valid unless made under authority and 
 
 'ature. ( X.V. I 15.) 
 
 in laws of United States, or any treaties with the Indian tribes 
 
 in i deprive any Indian or other allottee of benefit of homestead 
 
 an laws of state; provision may be changed or amended by 
 
 legislature. (Okla. XII 1, 3.) 
 
 taxed who have not severed tribal relations and adopted 
 
 tiol bi jurors or hold civil office. (Ida. VI 3.) 
 
 i Indian land within state to enjoy rights and privi- 
 
 - of citizens and to be subject to taxation. (Minn. XV 2.) 
 
 INDICTMENT, a — Foem of Accusation.
 
 Index l>n.r:sT 761 
 
 INDUSTRY 
 
 For provisions relating to manufacture, See MANUFACTURE. 
 Commissioner of agriculture and industries, Set AgbicuxtUbe. 
 Commissioner of agriculture, labor and industry, See Agriculture. 
 Appropriations for industrial purposes not to be made to any person, 
 corporation or community- not under absolute control of state. (Colo. 
 
 V 34; Mont. V 35; Wyo. Ill 36.) 
 Bureau of industrial statistics to be under secretary of internal affairs. 
 
 (Pa. IV 19.) 
 INFORMATIONS, See Crimes — Form of Accusation. 
 
 INITIATIVE AND REFERENDUM 
 Provisions Common to 
 
 For provisions relating only to initiative, See below, this title, 
 
 Initiative. 
 For provisions relating only to referendum, See beloiv, this title, 
 
 Referendum. 
 To What Measures Applicable 
 
 Limitations on power of legislature applicable to power of 
 people. Law not to Be passed authorizing classification of 
 property to levy different rates of taxation or to levy single 
 tax on lands, land values, or land sites at higher rate or by 
 different rule than applied to improvements or personal prop- 
 erty. (Ohio II 1, le.) 
 Enacting Clause for All Measures 
 
 •' Be it enacted by the people of the state of .... " (Ark. V 1; 
 Me. IV Pt. I 1; Mo. IV 57.) 
 
 Method of Invoking 
 
 By petition. (Ariz. IV Pt. I 1; Ark. V 1; Cal. IV 1; Colo. V 1; 
 Me. IV Pt. Ill 17; Mich. V 1; Mo. IV 57; Mont. V 1; Nebr. 
 Ill 1A, IB; Nev. XIX 3; N.D. II 25, XV 202(2) (1914) ; Ohio 
 II la-lg; Okla, V 2, 3; Ore. IV 1; Wash. II la, lb.) 
 
 Shall be provided by law. (Ida. Ill 1; Utah VI 1 (2).) 
 
 No provision. (S.D. Ill 1.) 
 
 To Whom Petition Addressed 
 
 Secretary of state. (Ariz. IV Pt, I 1(9); Colo. V 1.) 
 Governor. (Okla. V 3.) 
 
 Form of Petition 
 
 To consist of sheets with general form printed or written at top 
 as designated or prescribed by secretary of state. (Colo. V 1.) 
 Contents of Petition 
 
 A full and correct copy of text of measure required on every 
 petition. (Ariz. IV Pt. I 1(9) ; Cal. IV 1; Me. IV Pt. Ill 20; 
 
 Mich. V 1, XVII 2.) 
 Who May Solicit Signatures to Petition 
 
 Any qualified elector of state within county, of which he is an 
 
 elector. (Mich. V 1.) 
 Any qualified elector of state within county, or city and county 
 of which he is an elector. (Cal. IV 1.)
 
 -.ate Constitutions 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 
 ^ffiTJTS ** ,Co.o. V U Me. IV Pt. HI 20; U o 
 
 II lg-) 
 
 lifted electors of city and county in which particular section 
 is being circulated. (Cal. IV 1.) 
 Qu) f county or city in winch particular section 
 
 g circulated. (Mich. V 1.) 
 
 Manner of Signing Petition 
 
 - .-hall sign in their own proper persons only. (Colo. 
 
 names of all signers shall be written in ink, each signer for 
 
 himself. (Ohio II lg.) 
 
 Information Required with Signature 
 
 Da ling. (Ariz. IV Pt. I 1(9) ; Colo. V 1; Ohio III lg.) 
 
 idence address of signer. (Colo. V 1.) 
 
 ce, giving street and number. (Ariz. IV Pt. I 1 (9) ; Cal. 
 IV 1; Mich. V 1. XVII 2.) 
 Ri sidence, giving street and number. A signer outside of a 
 municipality shall state township and county in which he 
 
 resides. (Ohio II lg.) 
 Post-office address. (Ariz. IV Pt. I 1(9).) 
 
 tion precinct. (Cal. IV 1; Mich. V 1, XVII 2.) 
 also the ward. (Ohio II lg.) 
 Declaration of Signer That He Is Qualified 
 
 tion shall contain declaration of each petitioner, for 
 himself, that he is a qualified elector. (Ariz. TV Pt. I 1(9).) 
 Certificate That Signers Are Qualified 
 
 signatures on petitions shall be accompanied by certificate 
 
 clerk of city, town or plantation in which petitioners reside, 
 
 that their names appear on voting list of his city, town or 
 
 plantation as qualified to vote for governor. (Me. IV Pt. Ill 
 
 20.) 
 Affidavit Verifying Signatures 
 0/ Whom Required 
 
 The circulator of petition. (Ariz. IV Pt. I '1(9) ; Cal. IV 
 
 1; Mich. V I, XVII 2; Ohio II lg.) 
 One of certified petitioners. (Me. IV Pt, III 20.) 
 qualified elector. (Colo. V 1.) 
 ' ' ten t$ 
 
 state number of signers. (Ohio II lg.) 
 To state that signatures are genuine. (Colo. V 1.) 
 To state thai signatures are genuine to the best of affiant's 
 knowledge and belief and were made in affiant's presence. 
 :. IV 1; Mich. V 1. XVII 2; Ohio II lg.) 
 To Btate that signers are electors to best of affiant's knowl- 
 tnd belief. (Colo. V 1; Ohio II lg.) 
 
 petitioners signed with knowledge of contents 
 and on dates set opposite their names. (Ohio 
 
 II lg-)
 
 Index Digest 763 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 Provisions Common to (Cont'd) 
 
 Affidavit Verifying Signatures (Cont'd) 
 By Whom Taken 
 
 To be taken free of charge by any officer authorized to ad- 
 minister oaths. (Cal. IV 1.) 
 
 Other Affidavits 
 
 No other affidavit than affidavit of person soliciting signatures, 
 
 verifying same, required. (Cal. IV 1; Mich. V 1, XVII 2; 
 
 Ohio II lg.) 
 Sections of Petition 
 
 Authorized. (Cal. IV 1; Mich. V 1; Ohio II lg.) 
 
 Each section shall contain a full and correct copy of title and 
 
 text of proposed measure. (Cal. IV 1; Mich. V 1.)' 
 Each section shall contain a full and correct copy of title and 
 
 text of proposed or referred measure. (Ohio II lg.) 
 Each section of petition shall bear name of county or city and 
 
 county, in which it is circulated. (Cal. IV 1.) 
 Each section of petition shall bear name of county or city in 
 
 which it is circulated. (Mich. V 1.) 
 The number of signatures attached to each section may be at 
 
 pleasure of person soliciting signatures to same. (Cal. IV 1.) 
 Only qualified electors of county or city and county in which 
 
 section is circulated may sign. (Cal. IV 1.) 
 
 Basis for Computing Number of Signers 
 
 The total number of votes cast at last general election for state 
 
 office receiving highest number of votes. (Okla. V 2.) 
 The whole number of electors who voted for governor at regular 
 election last preceding filing of any petition for initiative or 
 for referendum. (Ariz. IV Pt. I 1(7) ; Ark. V 1; Cal. IV 1; 
 Me. IV Pt. Ill 20; Mich. V 1; Mont. V 1; Nebr. Ill ID; 
 
 Ohio II lg; Wash. II Id.) 
 
 The whole number of votes cast for secretary of state at regular 
 
 election last preceding filing of any petition. (Colo. V 1 : N.D. 
 
 II 25 (1914).) 
 
 The whole number of votes cast for justice of supreme court at 
 
 general election last preceding filing of any petition for 
 
 initiative or referendum. (Mo. IV 57; Nev. XIX 3; Ore. IV 1.) 
 
 Filing Petition 
 
 Petition shall be filed with secretary of state. (Ariz. IV Pt. I 
 1(4) ; Ark. V 1; Colo. V 1; Mo. IV 57; Mont. V 1; Xebr. Ill 
 1A, IB; Xev. XIX 1, 3; X.D. II 25 (1914) ; Ohio II la, lc; 
 Okla. V 3; Ore. IV 1; Wash. II la, Id.) 
 
 Each section of petition shall be filed with clerk of county, in 
 which it was circulated, and all said sections circulated in any 
 county, shall be filed at the same time. (Mich. V 1.) 
 
 Each section of petition shall be filed with clerk or registrar of 
 voters of county, or city and county in which it was circu- 
 lated, and all said sections circulated shall lie filed at same 
 
 time. (Cal. IV 1.)
 
 n i '.iN-TnTTio.v^ 
 
 INITIATIVE AND REFERENDUM [Cont'd 1 ) 
 
 I'd i 
 Examination of Signatures to Petition 
 
 ipt of any petition, secretary of state shall canvass 
 
 me to ascertain if it has been signed by requisite number 
 
 qualified voters. (Mich. V I.) 
 
 iYithin 20 days alter filing of petition in office of clerk or 
 
 registrar of voters, such clerk or registrar shall determine 
 
 from records of registration what number of qualified electors 
 
 have signed same, and, if necessary, the board of supervisors 
 
 BhaU allow such clerk or registrar additional assistants for 
 
 purpose of examining such petitions, and provide for their 
 
 compensation. (Cal. IV 1.) 
 ■Presumption of Validity of Signatures 
 
 Petitions properly verified by affidavit shall be prima facie evi- 
 dence that signatures thereon are genuine, and that persons 
 signing same are qualified electors. (Cal. IV 1; Colo. V 1; 
 
 Mich. VI.) 
 Certification of Number of Signatures 
 
 Clerk or registrar of county or city or county in which a petition 
 
 shall have been circulated, shall attach to petition, except the 
 
 signatures thereto appended, his certificate properly dated 
 
 ■wing result of his examination of signatures thereon; he 
 
 shall file copy of certificate in his office. (Cal. IV 1.) 
 
 Transmission of Petition to Proper Officer 
 
 Within 2.0 days after riling of a petition in his office, county 
 
 clerk shall forward it to secretary of state. (Mich. V 1.) 
 The clerk or registrar of voters of county or city and county in 
 which a petition was circulated, shall, after examining signa- 
 tures thereon, and certifying result of his examination, trans- 
 mit petition, together with his certificate to secretary of state. 
 
 (Cal. IV 1.) 
 Certification of Receipt of Petition 
 
 When secret an of state shall have received from one or more 
 
 ■' unity clerks or registrars of voters, a petition certified to 
 
 have 1 1<-' 1 by requisite number of qualified voters, he 
 
 '11 forthwith transmit to county clerk or registrar of voters, 
 
 of -aid county, or city and county in state, his certificate 
 
 h ing such fact. ( Cal. IV 1.) 
 
 When Petition to Be Deemed Filed 
 
 A petition shall be deemed filed with secretary of state upon 
 
 e of receipt by him of a certificate or certificates, showing 
 
 petition to be signed by requisite number of electors of 
 
 ' iy county clerk or registrar of voters shall, upon 
 
 ipt, fil.- same for record in his office. (Cal. IV 1.) 
 
 Presumption of Sufficiency of Petition 
 
 nd until it be otherwise proven upon official investiga- 
 te presumed that petition presented to secretary 
 atains signatures of requisite number of qualified 
 
 electors. (Cal. IV 1.)
 
 Ixdex Diqesq 7G5 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 Provisions Commox to (Cont'd) 
 
 Presumption of Sufficiency of Petition (Cont'd) 
 
 Petition and signatures upon petition, properly verified, shall 
 be presumed to be in all respects sufficient, unless not later 
 than 40 days "before election, it shall be otherwise proved. 
 
 (Ohio II lg.) 
 Supplemental Petition 
 
 May be filed. (Cal. IV 1; Mich. V 1; Ohio II lg.) 
 Supplemental petitions shall be identical with original as to 
 body of petition, but containing supplemental names. (Cal. 
 
 IV 1; Mich. VI.) 
 Supplemental petitions may be filed with clerk or registrar of 
 
 voters for proper county or city and county. (Cal. IV 1.) 
 Petition must be filed within 40 days from transmission of 
 original petition to secretary of state. (Cal. IV 1; Mich. 
 
 V 1.) 
 If, not later than 40 days before election, it shall be proved 
 that petition is not sufficient, 10 additional days shall be 
 allowed for filing of additional signatures. (Ohio II lg. ) 
 County clerk or registrar of voters shall, within 10 days after 
 filing of a supplemental petition, make a like examination 
 thereof as of original petition. (Cal. IV 1.) 
 Upon completion of his examination of supplemental petition 
 county clerk shall attach to said petition his certificate show- 
 ing result of such examination. (Cal. IV 1.) 
 Supplemental petition shall be forwarded to secretary of state 
 
 by county clerk within 10 days after filing. (Mich. V 1.) 
 County clerk or registrar of voters shall forthwith, after exami- 
 nation of petition, transmit a copy thereof, except signatures 
 thereto appended, together with his certificate, to secretary of 
 
 state. (Cal. IV 1.) 
 County Officers to Perform Duties in Connection with Petition 
 
 Duties imposed upon clerk or registrar of voters shall be per- 
 formed by registrar of voters in all cases where office of 
 registrar of voters exists. (Cal. IV 1.) 
 Corruption in Respect to Petition 
 
 Laws shall be provided to prevent. (Okla. V 8.) 
 Submission to Electors 
 Notice 
 
 The text of all measures to be submitted shall be published 
 as constitutional amendments are published. (Ariz. IV 
 Pt. I 1(11) ; Colo. V 1.) 
 The text of all measures to be submitted shall be published 
 as constitutional amendments are required by law to be 
 published. (Mich. VI.) 
 Until otherwise provided by law, all measure- submitted to 
 vote of electors under initiative or referendum, shall be 
 printed, and together with arguments for and against all 
 such measures by proponents and opponents thereof, shall
 
 State (\>\- i i n i ions 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 i OMMON TO (Cont'd) 
 
 Submission to Electors (Cont'd) 
 Cont'd) 
 
 be mailed to eaeh elector in same manner as now provided 
 by law as to amendments to constitution proposed by 
 legislature. Persons to prepare and present arguments 
 shall until otherwise provided by law, be selected by pre- 
 siding officer of senate. (Cal. IV 1.) 
 
 True copy of all laws or proposed laws or proposed amend- 
 ments to constitution, together with argument or ex- 
 planation, or both, for, and also argument or explana- 
 tion, or both, against same, shall be prepared. * * * 
 retary of state shall cause to be printed the law, pro- 
 posed law, proposed amendments to constitution, together 
 with arguments and explanations, and also arguments and 
 explanations against each, and shall mail, or otherwise 
 distribute, copy to each elector of state, as far as may 
 be reasonably possible. Arguments shall not exceed total 
 of 300 words. Person or persons who prepare argument 
 or explanation, or both, for the law, section or item, sub- 
 mitted to electors by referendum petition, or against any 
 proposed law submitted by supplementary petition, shall 
 be named by legislature when in session, and if not in 
 -ion then by governor. (Ohio II lg.) 
 
 Legislature shall provide methods of publicity of all laws or 
 
 parts of law, and amendments to the constitution referred 
 
 to people with arguments for and against, so that each 
 
 r shall receive publication at least 40' days before 
 
 election at which they are to be voted upon. (Wash. 
 
 II Id.) 
 Time of 
 
 At regular biennial election, except when legislature shall 
 
 order a special election. (Ark. V 1; Mo. IV 57; Mont. 
 
 V 1; Ore. IV 1; Wash. II Id.) 
 
 At biennial regular election except as provision may be made 
 
 by law for special election or elections. (N.D. II 25 
 
 (1914).) 
 election held throughout state except when legisla- 
 ture or governor shall order special election for express 
 purpose of making such reference. (Okla. V 3.) 
 /; / Whom Submitted 
 
 retary of slate shall submit all measures initiated or 
 referred to people for adoption or rejection at polls. (Colo. 
 
 V 1.) 
 
 ■v>r of 
 
 [overned by general laws, until legislature shall espe- 
 H.v provide. (Ariz. IV Pt. I 1(11).) 
 
 ned by general laws and amendment establishing 
 itive .nid referendum, until additional legislation shall 
 especially provide therefor. (Nebr. Ill ID.)
 
 Index Digest 767 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 Provisions Common to (Cont'd) 
 Submission to Electors (Cont'd) 
 Manner of (Cont'd) 
 
 To be governed by general laws and act submitting tbis 
 amendment establishing initiative and referendum until 
 additional legislation shall especially provide therefor. 
 (Ark. V 1; Colo. V 1; Mo. IV 57; Mont. V 1; N.D. II 
 25, 1914; Ore. IV 1; Wash. II Id.) 
 No law or amendment to the constitution proposed by legis- 
 lature shall be submitted at any election, unless at same 
 election, there shall be submitted all measures proposed 
 by petition of electors, if any were proposed. (Cal. IV 1.) 
 Until legislature shall enact further regulations not incon- 
 sistent with constitution, election officers and other offi- 
 cials shall be governed by provisions of constitution and 
 general law, supplemented by such reasonable action as 
 may be necessary to render preceding sections self-execu- 
 tory. (Me. IV l'i. Ill 23.) 
 Ballots 
 
 Secretary of state shall have printed on ballot title and 
 number of measures submitted together with words " yes " 
 and " no " in such manner that voters may express their 
 approval or disapproval of measure. (Ariz. IV Pt. I 
 
 1(10).) 
 Full text of measure submitted to vote of people under pro- 
 visions of constitution, need not be printed on official 
 ballot, but, until otherwise provided by legislature, secre- 
 tary of state shall prepare ballots in such form as to 
 present question or questions concisely and intelligibly. 
 
 (Me. IV Pt. Ill 20.) 
 All propositions shall be submitted in a non-partisan man- 
 ner and without any indication or suggestion on ballot 
 that have been approved or indorsed by any political 
 party or organization. Only title of measures printed on 
 ballot. When two or more measures have same title 
 they shall be numbered consecutively in order of riling 
 with secretary of state and including name of first peti- 
 tioner. (Xebr. Ill ID.) 
 Unless otherwise provided by law secretary of state shall 
 have printed upon ballots title of any such law, or pro- 
 posed law, or proposed amendment to constitution, to be 
 submitted. Printed in manner to permit affirmative or 
 negative vote upon each measure submitted to electors. 
 
 (Ohio II lg.) 
 Conflicting Heasiwes 
 
 When conflicting measures are submitted to people ballots 
 shall be so printed that voter can express separately by 
 marking one cross ( X ) for each, two preferences, first, as 
 between either measure and neither, and secondly as be-
 
 DTIONS 
 
 INITIATIVE AND REFERENDUM [Ootlfd) 
 
 Submission to Electors (' 
 
 t'd) 
 ml other. If majority of those voting on first 
 - for neither, both fail, but in that case votes on 
 ie shall nevertheless be carefully counted and 
 le public. If majority voting on first issue is for 
 either, then measure receiving majority of votes on second 
 -hall be law. (Wash. II la.) 
 If two <'i" more measures, approved by electors at same elec- 
 tion conflict, measure receiving highest affirmative vote 
 revail. (Mich. V 1; X.D. II 25 (1914); Ohio 
 
 II lb.) 
 
 If conflicting measures submitted to people at same election 
 
 ■diall be approved by electors, measure receiving highest 
 
 numher of affirmative votes shall thereupon become law as 
 
 '.icting provisions. (Ariz. IV Pt. I 1(12); 
 
 I. IV 1; Xebr. Ill 1A; Xev. XIX 3.) 
 
 essary to Adoption 
 
 Majority of vote.- cast thereon. (Ariz. IV Pt. I 1(5) ; Ark. 
 
 V 1; Cal. IV 1; Colo. V 1; Me. IV Pt. Ill 19; Mich. V 1, 
 
 XVII 2; Mo. IV 57; Ore. IV- 1.) 
 
 Majority of votes cast thereon, provided that vote cast upon 
 
 : measure shall equal one-third of total vote cast at 
 
 election. (Wash. II Id.) 
 trns 
 
 retary of state in presence of governor and chief justice 
 supreme court to canvass votes for and against each 
 •■I' proposed amendment submitted within 30 
 a of election. (Ariz. IV Pt. I 1(13).) 
 •• Bhall be returned and canvassed in same manner as 
 prescribed in presidential elections. (Xebr. Ill ID.) 
 I' ■ laration of Result 
 
 Upon completion of canvass of vote, governor shall forthwith 
 
 proclamation, giving whole number qf votes, cast 
 
 i r and against each measure or proposed amendment, and 
 
 ing Buch measures or amendments as are approved 
 
 to be law. (Ariz. IV Pt, I 1(13).) 
 
 Time of Taking Effect 
 
 When approved by people. (Ark. V 1; Mo. IV 57; Okla. V 3; 
 
 Ore. IV 1.) 
 Of official declaration of vote. (Xev. XIX 3; X.D. II 
 
 25 (1914).) 
 i after thirtieth day after election at which it is approved. 
 
 (Wash. II Id.) 
 'nation by governor. (Ariz. IV Pt. I 1(5) ) 
 nation by governor made within 10 davs of comple- 
 uil canvass. (Xebr. HI ID.) 
 
 : "'» by nor within 30 davs of completion 
 
 ial canvass. (I oh,, v 1.)
 
 I^dex Digest 7»'>9 
 
 INITIATIVE AND REFERENDUM [CnVd) 
 Provisions Common to {Cont'd) 
 Time of Taking Effect (Cont'd' 
 
 Unless later date is specified in measure in 30 days after 
 governor has made public proclamation of result of vote on 
 measure which he shall do within 10 days after vote thereon 
 has been canvassed and determined. (Me. IV Pt. Ill 19.) 
 Ten days after date of official declaration of vote by secretary of 
 state, except in case of amendments to constitution which be- 
 come effective 30 days after election. (Mich. V 1, XVII 2.) 
 Five days after date of official declaration of vote by secretary 
 
 of state. (Cal. IV 1.) 
 Veto Power of Governor 
 
 Shall not extend to any measure approved by vote of people. 
 
 (Me. IV Pt. Ill 19.) 
 Shall not extend to any initialed measure approved by vote of 
 
 people. (Ohio II lb.) 
 Shall not extend to measures initiated by or referred to people. 
 
 (Nebr. Ill ID; Wash. Ill Id.) 
 
 Shall not extend to measures referred to people. (Ariz. IV Pt. 
 
 I 1(6) ; Ark. V 1; Cal. IV 1; Colo. V 1; Mich. V 1; Mo. 
 
 IV 57; Mont. V 1; N.D. II 25 (1914) ; Okla. V 3; Ore. IV 1; 
 
 S.D. Ill 1.) 
 Adoption Cures Insufficiency of Petition 
 
 No law or amendment to constitution submitted to electors by 
 supplementary petition and approved, shall be held uncon- 
 stitutional or void on account of the insufficiency of petitions 
 by which submission was procured; nor shall rejection of any 
 law submitted by referendum petition be held invalid for such 
 
 insufficiency. (Ohio II lg. ) 
 Resubmission of Measure 
 
 Any measure rejected by people through powers of the initiative 
 and referendum, cannot be again proposed by initiative within 
 three years thereafter by less than 25 per cent, of legal voters. 
 
 (Okla. V 6.) 
 Amendment and Repeal of Adopted Measure 
 
 Power of legislature to repeal or amend shall not extend to 
 initiative or referendum measures approved by electors. (Ariz. 
 
 IV Pt. I 1(6) (1914).) 
 Reservation of powers of initiative and referendum in article 
 shall not deprive legislature of right to repeal any law, pro- 
 pose or pass any measure, which may be consistent with con- 
 stitution of state and constitution of United States. (Okla. 
 
 V 7.) 
 No act, law or bill approved by a majority of electors voting 
 thereon shall be amended or repealed by legislature within a 
 period of two years following such enactment. But such enact- 
 ment may be amended or repealed at any general, regular or 
 special election by direct vote of people thereon. (Wash. 
 
 II lc.) 
 
 25
 
 State Constitutions 
 
 INITIATIVE AND REFERENDUM [Cont'd) 
 
 Constitutional Provisions Self-Executing 
 
 In :l ll r< Ariz. IV l't. I 1(15); Colo. V 1.) 
 
 ridation may In- enacted to facilitate their operation. 
 :. Ill ID; Nev. XIX3; X.D. II 25 ( 1914) ; Wash. II Id.) 
 l; i: . tion may hi' enacted to facilitate their operation but 
 
 in n- way limiting or restricting either provisions of this 
 (ion, or powers herein reserved. (Cal. IV 1.) 
 Bui as !u rein otherwise provided, laws may be passed to 
 
 facilitate their operation, but in no way restricting either 
 such provision or powers herein reserved. (Ohio II lg.) 
 Not to Interfere with Rights of Members of Legislature 
 
 This section shall not be construed to deprive any member of 
 l.gigiature of right to introduce any measure. (Ariz. IV Pt. I 
 1 114) ; Ark. V 1: Colo. V 1; Mo. IV 57; Mont. V 1; Nebr. 
 
 III ID; X.D. II 25. 1914; Ore. IV 1; S.D. Ill 1; Wash. II Id.) 
 Legislature to Make Suitable Provisions for Enforcing 
 
 The legislature shall make suitable provisions for carrying into 
 effect provisions of this article. (Okla. V 3; S.D. Ill 1.) 
 Not Limited by Power of Legislature 
 
 Words "the legislative assembly shall provide " or any similar 
 or equivalent words in constitution shall not be construed to 
 grant to legislature any exclusive power of law-making nor in 
 any way to limit the initiative and referendum powers reserved 
 
 to the people. (Ore. II 18.) 
 Initiative 
 
 For provisions common to both initiative and referendum, See above, 
 tins title, Provisions Common to. 
 ect initiative for laws, See below, this title, Direct Initiative 
 
 for Laws. 
 Indirect initiative for laws, See below, this title, Indirect Initiative 
 
 for Laws. 
 Direoi initiative for constitutional amendments, See below, this title, 
 Direct Initiative for Constitutional Amendments. 
 
 initiative for constitutional amendments, See below, this 
 tie, [ndtrbci I.mtiative for Constitutional Amendments. 
 
 tiatwe, See below, this title, Local Initiative and Refer- 
 endum. 
 Defined 
 
 rved to the- people to propose measures. (S.D. Ill 1.) 
 
 rved to people to propose laws and amendments 
 
 n-1 it ut ion and to enact same at polls independent of legis- 
 
 riz. IV Pt. I 1(1); Ark. V 1; Cal. IV 1; Colo. 
 
 IV 1; Mo. IV 57; Xebr. Ill 1; Nev. XIX 3; Okla. V 1; Ore. 
 
 TV 1.) 
 rved io people to propose legislative measures, reso- 
 :""1 law-, and to enact or reject same at polls inde- 
 pendently of legislature. (Mich. V 1.)
 
 Index Digest 771 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 
 Initiative (Cont'd) 
 Defined (Cont'd) 
 
 Power reserved to people to propose laws and to enact or reject 
 same at polls independent of legislature. (Ida. Ill 1; Me. 
 
 IV Pt. I 1; Mont. V 1 ; Wash. II 1.) 
 Power reserved to people to propose measures for enactment 
 
 into laws. i X.D. II 25 1914.) 
 Power reserved to people to propose to legislature laws and 
 amendments to constitution, and to adopt or reject same at 
 polls on a referendum vote * » * an( j independent of 
 general assembly to propose amendments to constitution and 
 adopt or reject same at polls. (Ohio II 1.) 
 
 Applicable to Laws and Amendments. (Ariz. IV Pt. I 1(1); Ark. 
 
 V 1; Cal. IV 1; Colo. V 1; Mich. V 1, XVII 2; Mo. IV 57; Xebr. 
 
 Ill 1; Xev. XIX 3; X.D. XV 202 (1914) ; Ohio II la; Okla. V 1; 
 
 Ore. IV 1.) 
 Applicable to Laws Only. (Ida. Ill 1; Me. IV Pt. I 1, Pt. Ill 18; 
 
 Mont. VI; S. D. Ill 1; Utah IV 1(2) ; Wash. II 1.) 
 
 To What Laws Applicable 
 
 Xo limitation. (Ariz. IV Pt. I 1(1); Ark. V 1; Cal. IV 1; 
 
 Colo. V 1; Ida. Ill 1; Mo. IV 57; Xev. XIX 3; X.D. II 25 
 
 (1914); Okla. V 1; Ore. IV 1; S.D. Ill 1; Utah VI 1(2) ; 
 
 Wash. II 1.) 
 Any bill, resolve or resolution, including bills to amend or re- 
 peal emergency legislation. (Me. IV Pt. Ill 18.) 
 
 To What Laws Not Applicable 
 
 Limitations expressed in constitution on power of legislature to 
 enact laws to be deemed limitations on power of people to 
 enact laws. (Mich. V 1: Xebr. Ill 1A.) 
 If constitution amended so as to allow laws to be enacted by 
 direct vote of electors, laws which may be so enacted shall 
 be only such as might be enacted by legislature under pro- 
 visions of this constitution. (N.M. XIX 3.) 
 Such as relate to appropriations of money, and those relating to 
 submission of constitutional amendments, and local and special 
 laws as enumerated in article V, section 25 of constitution. 
 
 (Mont. V 1.) 
 Enacting Clause 
 
 " Be it enacted by the People of the State of " 
 
 (Colo. V 1; Mont. V 1; X.D. II 25 1914; Ohio II lg; S.D. 
 
 Ill 1; Wash. II Id.) 
 
 " The People of the State of do enact as follows:" 
 
 (Nev. XIX 3.) 
 
 To Whom Petition Addressed 
 
 To legislature or either branch thereof. (Me. IV Pt. Ill 18.)
 
 , , - 
 
 ■• ( oWITI-TIOXS 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 
 Contents of Petition 
 
 « petition Bhall include full text of measure proposed. (Ark. 
 VI. Oola V ]; Mo. IV 57; Mont. V 1; Nebr. Ill 1A; Nev. 
 M\ 3? Okla. V 2; Ore. IV 1; Wash. II la.) 
 
 Filing Petition 
 
 To be filed with secretary of state or presented to legislature. 
 
 (Me. IV Pt. Ill 17.) 
 
 Nfot leas than few* months before measure is to be voted upon. 
 
 , Vriz IV Pt. I 1(4) ; Ark. V 1; Colo. V I; Mo. IV 57; Ore. 
 
 IV 1.) 
 
 Number of Signers of Petition 
 
 Not more that 8 per cent, of legal voters. (Ark. V 1; Colo. 
 
 V 1; Ore. IV 1.) 
 Not more than 8 per cent, of legal voters in each of at least 
 two-thirds of congressional districts of state. (Mo. TV 57.) 
 Eight per cent, of legal voters, provided that two-fifths of whole 
 number of counties of state must each furnish as signers 8 
 per cent, of legal voters of such county. (Mont. V 1.) 
 Submission to Electors 
 
 At general election. (Ida. Ill 1.) 
 Vote Necessary to Adopt Measures 
 
 Majority of those voting thereon. (Ohio II lb.) 
 Majority of votes cast thereon, provided that vote cast upon such 
 measure shall equal 35 per cent, of total vote cast at elec- 
 tion. (Nebr. Ill ID.) 
 Number of voters equal to majority of aggregate vote cast for 
 office of governor at general election. (Ida. Ill 1.) 
 Time of Taking Effect 
 
 Thirty days after election at which it is approved. (Ohio II lb.) 
 Publication of Adopted Measures 
 
 By secretary of state, required. (Ohio II lb.) 
 Amendment and Repeal of Adopted Measures 
 
 Initiative measure approved by electors shall not be annulled, 
 i-^ide or repealed by legislature within three years from 
 date said act takes effect. (Nev. XIX 3.) 
 
 act, law or amendment, to constitution adopted under initia- 
 tive shall be amended except by vote of electors unless other- 
 wise provided in such initiative measure. (Cal. IV 1.) 
 No act, law or amendment to constitution adopted under initia- 
 tive shall be amended or repealed except by vote of electors un- 
 less otherwise provided in such initiative measure, but legis- 
 lature may propose amendments, alterations or repeals to 
 
 people. (Mich. V 1.) 
 Resubmission of Measure 
 
 Same measure, either in form or in essential substance, shall not 
 be submitted to people by initiative petition (either affirma- 
 tively or negatively) oftener than once in three years. (Nebr. 
 
 Ill 1A.)
 
 Index Digest 778 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 Direct Initiative foe Laws 
 
 For provisions relating to all forms of initiative, See above, this title, 
 
 Initiative. 
 Title of Petition 
 
 Petitions shall have printed across top in twelve-point black-face 
 type, "Initiative Measure to be Submitted Directly to the 
 
 Electors". (Cal. IV 1.) 
 Number of Signers of Petition 
 
 Ten per cent, of qualified electors. (Ariz. IV Pt. I 1(2). 
 Ten per cent, of legal voters of state, so distributed as to include 
 5 per cent, of legal voters in each of two-fifths of counties of 
 
 state. (Nebr. Ill 1A.) 
 Ten per cent., but in no case more than 50,000 of legal voters. 
 
 (Wash. II la.) 
 Eight per cent, of legal voters. (Cal. IV 1; Okla. V 2.) 
 Time of Filing Petition 
 
 Not less than four months before election at which measure is 
 to be voted upon. (Mont. V 1; Wash. II la.) 
 Submission to Electors 
 
 At first regular state election held not less than four months 
 
 after filing of petition. (Nebr. Ill 1A. ) 
 At next succeeding general election occurring subsequent to 90 
 days after presentation of petition to secretary of state, or at 
 any special election called by governor, in his discretion, prior 
 to such general election. (Cal. IV 1.) 
 Vote Necessary to Adopt Measure 
 
 Majority of votes cast at election. (Okla. V 3.) 
 Indirect Initiative fob Laws 
 
 For provisions relating to all forms of initiative, See above, this 
 
 title, Initiative. 
 Title cf Petition 
 
 Petitions shall have printed in twelve-point black-face type, " In- 
 itiative Measure to be Presented to the Legislature" . ( Cal. 
 
 IV 1; Mich. VI.) 
 Petitions shall have printed across top thereof : " Laws Pro- 
 posed by Initiative Petition First to be Submitted to the 
 General Assembly". (Ohio II lb.) 
 Contents of Petition 
 
 Full text of measure proposed. (N.D. II 25 (1914).) 
 Number of Signers of Petition 
 
 Three per centum of electors; provided that petitions be filed 
 from each of one-half of counties of state bearing signatures 
 of not less than one-half of designated percentage of electors 
 of such county. (Ohio II lb, lg.) 
 Five per cent, of voters. (Cal. IV 1.) 
 
 Not more than 5 per cent, of qualified electors of state (con- 
 stitution does not mention petitions, but merely requires that 
 measures be proposed by 5 per cent, of electors) . (S.D. IV 1.) 
 At least S per cent, of legal voters. (Mich. V 1.)
 
 774 State Constitutions 
 
 INITIATIVE AND REFERENDUM i Cont'd) 
 .iiiAiivE FOB Laws (Cont'd) 
 Number of Signers of Petition (Cont'd) 
 
 Ai least 10 per cent, of legal voters to be secured in a majority 
 
 of counties of state. (X.D. II 25 (1914).) 
 Not more than 10 per cent, of qualified electors. (Nev. XIX 3.) 
 Ten per centum, but in no case more than 50,000 of legal voters. 
 
 (Wash. II la.) 
 No! less than 12,000 electors. (Me. IV Pt. Ill 18.) 
 Time of Filing Petition 
 
 \..< less than 10 days before commencement of any session of 
 
 legislature. (Mich. V 1; Ohio II lb; Wash. II la.) 
 \.»t less than 10 davs before commencement of any regular ses- 
 
 sion of legislature. (Cal. IV 1.) 
 At least 30 days before close of legislative session. (Me. IV 
 
 Pt. Ill 18.) 
 Not less than W davs before any regular session of legislature. 
 V. XIX 3; X.I). II 25 (1914).) 
 Transmission of Petition to Legislature 
 
 Secretary of state shall transmit petition to legislature as soon 
 as legislature convenes and organizes. (Cal. IV 1; Mich. V 1; 
 Nev. XIX 3; N.D. II 25 (1914); Ohio II lb; Wash. II la.) 
 Action by Legislature 
 
 At session at which bill is presented. (Me. IV Pt. Ill 18.) 
 Initiative measures shall have precedence over all other measures 
 in the legislature except appropriation bills. (Nev. XIX 3; 
 
 N.D. II 25 (1914) ; Wash. II la.) 
 Legislature shall enact any proposed measure and submit it to 
 
 a vote of electors. (S.D. Ill 1.) 
 
 Initiated measures shall be either enacted or rejected without 
 
 change or amendment by legislature. (Cal. IV 1; Me. IV Pt. 
 
 Ill 18; Mich. V 1; Nev. XIX 3; N.D. II 25 (1914); Wash. 
 
 II la.) 
 Legislature to enact or reject proposed measure by legislature 
 
 before the end of regular session. (Wash. II lb.) 
 I. gislature must enact or reject proposed measure within four 
 
 months. (Ohio II lb.) 
 The legislature must enact or reject proposed measure within 
 40 days. (Cal. IV 1; Mich. V 1; Xev. XIX 3; X.D. II 2, 
 
 (1914).) 
 Referendum on Measures Passed by Legislature 
 
 It' any initiative measure shall be enacted by legislature it shall 
 
 be subject to referendum petition. (Cal. IV 1; Me. IV Pt. Ill 
 
 18; Mich. IV l: X.D. II 25 (1914); Wash. II la.) 
 
 If any initiative measure shall be enacted by legislature and 
 
 approved by governor, it shall become a law, but it shall be 
 
 subject to referendum petition. (Nev. XIX 3.) 
 
 If proposed law be passed by legislature either as petitioned for 
 
 an amended form, it shall be subject to referendum. 
 
 (Ohio II lb.)
 
 Index Digest 7-75 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 Indirect Initiative fob Laws (Cont'd) 
 Submission to Electors 
 If Vetoed by Governor 
 
 Any measure initiated by people and passed by legislature 
 without change, if vetoed by governor and his veto is 
 sustained by legislature, shall be referred to people to be 
 voted on at next general election. (Me. IV Pt. Ill 19.) 
 Optional Submission by Legislature 
 
 Any initiative measure may be referred by legislature to 
 
 people for approval or rejection. (N.D. II 25 (1914).) 
 Any initiative measure may be enacted and referred by the 
 legislature to people for approval or rejection. (Wash. 
 
 II la.) 
 Compulsory Submission by Legislature 
 
 Legislature shall submit proposed measure to electors. ( S.D. 
 
 III 1.) 
 Compulsory Submission by Secretary of State 
 
 If an initiated measure is rejected or no action taken upon 
 it by legislature within time required, secretary of state 
 shall submit it to people for approval or rejection. (Cal. 
 IV 1; Me. Pt, III 18; Mich. V 1; Nev. XIX 3; N.D. II 
 
 25 (1914) ; Wash. II la.) 
 
 If proposed law shall not be passed, or if it shall be passed 
 in an amended form, or if no action shall be taken thereon 
 within four months of time it is received by legislature, 
 it shall be submitted by secretary of state to electors for 
 their approval or rejection, if such submission shall be 
 demanded by supplementary petition. (Ohio II lb.) 
 Supplementary Petition Required 
 
 Number of signers not less than 3 per centum of electors in 
 addition to those signing original petition; provided that 
 petitions be filed from each one-half of the counties of 
 state bearing signatures of not less than one-half of desig- 
 nated percentage of electors of such county. Petition to 
 be filed within 90 days after proposed law shall have 
 been rejected by legislature or after term of four months 
 if no action has been taken on measure, or after law, as 
 passed by legislature, shall have been filed by governor 
 in office of secretary of state. Proposed law shall be 
 submitted in form demanded by supplementary petition, 
 which form shall be. either as first petitioned for or with 
 any amendment or amendments which may have been 
 incorporated therein by either branch or botli branches 
 of legislature. Amended law passed by legislature shall 
 not go into effect until and unless law proposed by sup- 
 plementary petition shall have been rejected by electors. 
 If law proposed by supplementary petition is approved, it 
 shall be law and shall go into effect in lieu of any 
 amended form of law which may have been passed by 
 
 legislature. (Ohio II lb, lg. )
 
 - . ATE CONSTITUTIONS 
 
 IATIYE AND REFERENDUM (Confd) 
 OB I a\\\s \Cunfd) 
 Submission to Electors (Cont'd) 
 \h asure 
 Any initiative measure not enacted by legislature shall be 
 Mil>mitte<l to electors together with any amended form, 
 Substitute br recommendation of legislature, and in such 
 niiinner that people can choose between competing meas- 
 ures or reject both. (Me. IV Pt. Ill IS.) 
 Legislature may reject any measure proposed by initiative 
 petition by a yea and nay vote and propose a different one 
 dealing with same subject, and in such event both measures 
 shall be submitted by secretary of state to people for ap- 
 proval or rejection. Submitted with proposed measure at 
 next ensuing general election, or at a prior special election 
 called bv governor in his discretion for such purpose. 
 
 (Cal. IV 1.) 
 Legislature may reject any measure proposed by initiative 
 j. etit ion and propose a different one dealing with same sub- 
 ject, and in such event both measures shall be submitted by 
 secretary of state to people for approval or rejection. 
 
 (Wash. II la.) 
 Legislature may reject any measure proposed by initiative 
 petition and propose a different one to accomplish same 
 purpose upon separate roll calls and in such event both 
 measures shall be submitted by secretary of state to people 
 for approval or rejection. (Mich. V 1; N.D. 11 25 
 
 (1914).) 
 Legislature may reject any measure proposed with the ap- 
 proval of governor by initiative petition and propose a 
 different one dealing with same subject, and in such event 
 both measures shall be submitted by secretary of state to 
 peojple for approval or rejection. (Nev. XIX 3.) 
 Submitted at time at which measure would have been sub- 
 mitted if legislature had not proposed a substitute. (Me. 
 
 IV Pt. Ill 18.) 
 Submitted at next ensuing general election. (Mich. V lj 
 
 Nev. XIX 3.) 
 Tune of 
 
 A1 next ensuing general election. (Cal. IV 1; Mich. V I; 
 
 Nev. XIX 3; Ohio II lb.) 
 Legislature may order a special election on any measure that 
 is subjed to a vote of people; governor may, and if so re- 
 quested in written petitions addressed to legislature, shall, 
 by proclamation, order any measure proposed to legislature 
 by initiative petition, and not enacted by legislature with- 
 out change, referred to people at a special election to be 
 held lint less than five nor more than six months after such 
 tarnation, otherwise said measure shall be voted upon 
 i netf general election held not less than 60 days after 
 I legislature, to which such measure was proposed. 
 
 (Me. IV Pt. Ill 18.)
 
 Index Digest 777 
 
 INITIATIVE AND REFERENDUM (Con I'd) 
 Indirect Initiative for Laws (Cont'd) 
 Resubmission if Less Than Majority 
 
 When there are competing bills and neither receives a majority of 
 votes given for or against both, one receiving most votes shall 
 at next general election to be held not less than 60 days after 
 first vote thereon, be submitted by itself if it receives more than 
 one-third of votes given for and against both. (Me. IV Pt. Ill 
 
 13.) 
 Vote Necessary to Adopt Measure Submitted 
 
 A majority of all votes cast thereon. (New XIX .°> ; X.D. II 25 
 
 (1914) ; Ohio II lb.) 
 Direct Initiative for Constitutional Amendments 
 
 For provisions relating to all forms of initiative, See above, tins 
 
 title, Initiative. 
 Title of Petition 
 
 Petitions shall have printed across top in twelve-point black-face 
 type, " Initiative Measure to be Submitted Directly to the 
 
 Electors". (Cal. IV 1.) 
 
 Petition shall have printed or written at top such heading as 
 
 shall be designated or prescribed by secretary of state. (Mich. 
 
 XVII 2.) 
 Petitions shall have printed across top "Amendment to the Con- 
 stitution Proposed by Initiative Petition to be Submitted 
 Directly to the Electors". (Ohio II la.) 
 Enacting Clause 
 
 Be it resolved by the people of the state of. (Ohio II lg. ) 
 Contents of Petition 
 
 Every petition shall contain the full text of proposed amendment. 
 
 (Mich. XVII 2.) 
 Form of Petition 
 
 The petition shall consist of sheets in such form as shall be pre- 
 scribed by secretary of state. (Mich. XVII 2.) 
 Who May Sign Petitions 
 
 Qualified voters. (Mich. XVII 2.) 
 Manner of Signing Petition 
 
 In person only. (Mich. XVII 2.) 
 Information Required with Signature 
 
 Eesidence address and date of signing. (Mich. XVII 2.) 
 Affidavit Verifying Signatures 
 
 Electors circulating petition to state that each signature is 
 genuine and that each person signing was at that time a 
 qualified elector. Verified petition to be prima facie evidence 
 that signatures are genuine and persons signing are qualified 
 
 „ , ,. „. , . . electors. (Mich. XVII 2.) 
 
 Number of Signers of Petition 
 
 Eight per centum of legal voters. (Cal. IV 1.) 
 Not less than 10 per cent, of legal voters. (Mich. XVII 2.) 
 Ten per centum of electors required: provided that petitions be 
 filed from each of one-half of counties of state bearing sig- 
 natures of not less than one-half of designated percentage of 
 electors of such county. fOhio II lb, lg.)
 
 -- g State Constitutions 
 
 INITIATIVE AND REFERENDUM {Cont'd) ■ 
 
 [ATIVE FOB CONSTITUTIONAL AMENDMENTS {Cont'd) 
 
 •nber of Signers of Petition {Cont'd) 
 
 than 10 per cent, of qualified voters. (Nev. XIX 3.) 
 fifteen per cent, of legal voters. (Ariz. IV Pt. I 1(2), XXI 1; 
 
 Okla. V 2.) 
 
 Fifteen per cent, of legal voters, so distributed as to include 
 
 .") j.cr cent, of legal voters in each of two-fifths of counties of 
 
 state. (Nebr. Ill 1A.) 
 A i least 2.") per cent, of legal voters in each of not less than one- 
 half of counties of state. (N.D. XV 202 (2) (1914).) 
 
 Basis for Computing Number of Signers 
 
 Total votes cast for governor at regular election last preceding 
 filing of any petition proposing an amendment. (Mich. 
 
 XVII 2.) 
 Total votes for all candidates for governor at last preceding 
 general election. (Ariz. XXI 1.) 
 
 Filing Petition 
 
 With secretary of state. (Ariz. XXI 1; Mich. XVII 2; N.D. 
 
 XV 202 (2) (1914).) 
 Not less than 30 days before any regular session of legis- 
 lature. (Nev. XIX 3.) 
 Nol less than four months before election at which amendment 
 
 i- to be voted upon. (Mich. XVII 2.) 
 At least six months previous to a general election. (N.D. XV 
 
 202 (2) (1914).) 
 Examination of Signatures to Petition 
 
 Upon receipt of any petition, secretary of state shall canvass 
 Bame to ascertain if it has been signed by requisite number 
 of qualified voters. (Mich. XVII 2.) 
 
 Submission to Electors 
 Notice 
 
 Until method of publicity otherwise provided by law, pub- 
 lished by secretary of state in one newspaper in each 
 county fur 90 days, in manner prescribed by law. (Ariz. 
 
 XXI 1.) 
 I'-vt of all amendments submitted to be published as con- 
 stitutional amendments are published. "Published in 
 full with any existing provisions of the constitution 
 which would be altered or abrogated thereby ", copy posted 
 al each registration place. Printed in full on ballots. 
 
 (Mich. XVII 2, 3.) 
 proposed amendment or amendments shall be published 
 the legislature may provide for three months previous 
 to the general election, and shall be placed upon the ballot 
 al that election. (N.D. XV 202 (2) (1914).) 
 B i u ) 
 
 etary of state. (Ariz. XXI 1; Mich. XVII 2.)
 
 Index Digest 770 
 
 INITIATIVE AND REFERENDUM {Cont'd) 
 
 Direct Initiative for Constitutional Amendments {Cont'd) 
 Submission to Electors ('Cont'd) 
 Time of 
 
 At next general election, except when legislature calls special 
 
 election for vote on amendment. (Ariz. XXI 1.) 
 At first regular election held not less than four months 
 
 after filing of petition. (Nebr. Ill 1A.) 
 At next regular election at which any state officer is to be 
 
 elected. (Mich. XVII 2.) 
 At next ensuing regular or general election occurring subse- 
 quent to 90 days after presentation of petition to secre- 
 tary of state. (Ohio II la.) 
 At next succeeding general election occurring subsequent to 
 90 days after presentation of petition to secretary of 
 state, or any special election called by governor, in his 
 discretion, prior to such general election. (Cal. IV 1.) 
 
 Manner of Submission 
 
 When two or more amendments shall be submitted to voters 
 at same election, they shall be so submitted that each 
 amendment shall be voted on separately. (Ore. XVII 1.) 
 
 Conflicting Measures 
 
 If conflicting proposed amendments shall be approved at 
 same election, one receiving highest number of affirmative 
 votes shall be amendment to constitution. (Ohio II lb.) 
 
 Vote Necessary to Adopt 
 
 A majority of those voting thereon. (Ariz. XXI 1; Mich. 
 
 XVII 2; Nev. XIX 3; Ohio II lb.) 
 A majority of votes cast at election. (Okla. V 3.) 
 A majority of all legal votes cast at a general election. 
 
 (N.D. XV 202 (2) (1914).) 
 Determination of Result 
 
 Votes canvassed by secretary of state in presence of gover- 
 nor and, if requisite majority, governor to proclaim 
 amendment adopted as part of constitution. (Ore. 
 
 XVII 1.) 
 Time of Taking Effect 
 
 Thirty days after election at which it is approved. (Mich. 
 
 XVII 2.) 
 From date of proclamation by governor that amendment has 
 
 been adopted. (Ore. XVII 1.) 
 
 Submission to Legislature After Approval by Electors 
 
 Should any initiated amendment receive a majority of legal 
 votes cast at a general election at which it is submitted, 
 such amendment shall be referred to next legislature and 
 should such proposed amendment be agreed upon by a majority 
 of all members elected to each house, such amendment shall 
 become a part of constitution. (N.D. XV 202 (2) (1914).)
 
 S : ate Constitutions 
 
 ND REFERENDUM [CorifS) 
 
 monal Amendments (Cont'd) 
 ubmission to Electors After Rejection by Legislature 
 
 I proposed by initiated petition and receiving 
 a majority of all votes east at general election as herein 
 provided, but failing to receive approval by following legis- 
 lature to which it lias been referred, shall again be submitted 
 to people at next general election as at previous general 
 election. Should such amendment receive a majority of all 
 legal (notes cast at such succeeding general election such 
 amendment shall at once become a part of the constitution. 
 
 iX.D. XV 202 (2) (1914).) 
 Interval Until Resubmission of Measure 
 
 . amendment proposed by initiative petition and failing of 
 adoption, .-hall not be again considered until expiration of 
 six years. (X.D. XV 202 (2) (1914i.i 
 Ordinary Process of Amendment Not to Conflict 
 
 The method of submitting and adopting amendments to the 
 constitution provided by this section shall be supplementary 
 to the method prescribed in the article of this constitution, 
 entitled " Amendments ", and latter shall in no case be con- 
 strued to conflict herewith. (Xebr. Ill ID.) 
 Indirect Initiative for Constitutional Amendments 
 
 For provisions relating io all forms of initiative, See above, this 
 
 title, Initiative. 
 Established 
 
 But no special provisions in constitution for its operation. 
 
 (X'ev. XIX 3; Ohio II 1.) 
 Procedure 
 
 Apparently same as for indirect initiative for laws, although 
 procedure for indirect initiative applies in terms to laws only. 
 
 (X'ev. XIX 3; Ohio II lb.) 
 Referendum 
 
 For provisions common to both initiative and referendum, See above, 
 this titi. , p ■.- Common to. 
 
 ■ ndum, See beloio, this title, Local Initiative and 
 
 Referendum. 
 amendments to constitution referred by lemslatwre to people, 
 Amendment or Revision of Constitution. 
 Defined 
 
 served to people) at their own option to approve or 
 
 • at polla any act of legislature, except, etc. (Ark. V 1; 
 
 Mich. V 1: Mo. IV 57; Mont, V 1; Okla. V 1; Ore. IV 1.) 
 
 ed to people) to approve or reject at polls any 
 
 ■ item, section, or part of bill, act or law passed by legis- 
 
 . (Ariz. IV Pt. I 1 (1) ; Colo. V I; Wash. 
 
 II 1.) 
 red to people) at their own option to adopt or 
 t polls, independent of legislature, any act or section 
 t "f any act passed by legislature. (Cal. IV 1.)
 
 Index Digest 7s 1 
 
 INITIATIVE AND REFERENDUM (Conf'h 
 Referendum | Cont'd) 
 Defined { Cont'd) 
 
 Power (reserved to people) to approve or reject at polls any 
 
 act or measure passed by legislature. (Ida. Ill 1.) 
 Power (reserved to people) at their own option to approve or 
 reject at polls any act, bill, resolve or resolution passed by 
 joint action of both branches of legislature, except, etc. 
 
 (Me. IV Pt. I 1.) 
 Power (reserved to people) to approve or reject at polls any 
 act, item, section or part of any act, passed by legislature, 
 except, etc. (Nebr. Ill IB; Xev. XIX 3.) 
 - Power (reserved to people) to disapprove, suspend and annul 
 
 laws enacted by legislature. (X.M. IV 1.) 
 Power (reserved to people) to order any act, item, or part of 
 any act to be referred to people for their approval or rejec- 
 tion at polls, except, etc. (N.D. II 25, 1914.) 
 Power (reserved to people) to adopt or reject any law, section 
 of any law, or any item in any law appropriating money 
 passed bv legislature, except as hereinafter provided. (Ohio 
 
 II 1.) 
 Right (reserved to people) to require that laws which legis- 
 lature may have enacted shall be submitted to vote of electors 
 of state before going into effect. (S.D. Ill 1.) 
 Applicable to Part of a Law 
 
 People may demand referendum against one or more items, 
 sections or parts of any act of legislature in same manner 
 in which such power may be exercised against a complete 
 act. (Mich. V 1; Okla. V 4; Ore. IV la; Wash. II lb.) 
 To What Measures Applicable 
 
 Any except those specifically prohibited. (Ariz. IV Pt. II (3) ; 
 Ark. V 1; Colo. V 1; Me. IV Pt. Ill 16; Mich. V 1; Mo. IV 
 57: Mont. V 1; Xebr. Ill 1C; X.M. IV 1; X.D. II 25 (1914) : 
 Okla. V 2; Ore. IV 1; SJX III 1; Utah IV 1 (2); Wash. 
 
 II lb.) 
 Any. (Cal. IV 1; Ida. Ill 1; Xev. XIX 1.) 
 Laws appropriating money, except, etc. (Ohio II lc.) 
 To What Measures Not Applicable 
 
 Laws necessary for immediate preservation of public peace, 
 
 health or safety. (Ariz. IV Pt. II (3); Ark. V 1; Colo. 
 
 V 1; Mo. IV 57; Mont. V 1: X.M. IV 1; X.D. II 25 (1914) : 
 
 Ohio II Id; Okla. V 2; Ore. IV 1; S.D. VII 1; Wash. II lb.) 
 
 Local and special law- which the legislature cannot enact. 
 
 (Mont. V 1; X.M. IV 1.) 
 
 Laws for support of state government. (Ariz. IV Pt. I 1 (3) ; 
 
 Mo. IV 57; Nebr. Ill 1C; Ohio II Id; S.D. Ill 1; Wash. 
 
 II lb.) 
 Laws for support of state institutions. (Ariz. IV Pt. I 1 (3) ; 
 
 Colo. V 1: Mich. V 1: Mo. IV 57; X.M. IV 1; Ohio II Id.) 
 Laws for support of existing public institutions. (Xebr. Ill 1C; 
 
 S.D. Ill 1; Wash. II lb.)
 
 S .,: Constitutions 
 
 IATIVE AND REFERENDUM {Cont'd) 
 I '-/ 1 
 To What Measures Not Applicable (Cont'd) 
 
 Law- for suppmt of public schools. (Mo. IV 57; N".M. IV 1.) 
 Appropriation laws. (Mont. V 1.) 
 
 rural appropriation laws. (N.M. IV 1.) 
 Appropriation laws to meet deficiencies in state funds. (Mich. 
 
 V 1.) 
 Appropriation laws for department of state. (Colo. V 1.) 
 Laws providing for tax levies. (Ohio II lc, Id.) 
 Laws for payment of public debt or interest thereon, or creation 
 or funding of same, except as in constitution otherwise pro- 
 vided. (N.M. IV 1.) 
 Laws passed by a two-thirds vote of members elected to each 
 
 house of the legislature. (Utah VI 1 (2).) 
 Such orders or resolutions as pertain solely to facilitating per- 
 formance of business of legislature, of either branch, or of 
 any committee or officer thereof, or appropriate money there- 
 for or for payment of salaries fixed by law, or emergency 
 
 measures. (Me. IV Pt. Ill 16, 17.) 
 When Measures Passed by Legislature Become Effective 
 
 X'o act shall take effect until 60 days after adjournment of 
 session at which it was passed, unless legislature by vote of 
 two-thirds of all members elected to each house shall other- 
 wise direct. (Utah VI 25.) 
 Xo act, law or bill subject to referendum shall take effect until 
 90 days after adjournment of session at which enacted. 
 (Ariz. TV Pt. II (3) ; Wash. II lc.) 
 No act shall take effect until 90 days from end of session 
 at which same shall have been passed, except in case of 
 emergency. (Ore. IV 28; S.D. Ill 22.) 
 X" act shall take effect until 90 days after adjournment 
 of session at which it was passed, except enactments for carry- 
 ing into effect provisions relating to initiative and referendum, 
 or a general appropriation bill, unless in case of emergency. 
 
 (Okla. V 58.) 
 
 Xi law except general appropriation act shall take effect or go 
 
 into force until 90 days after adjournment of session at 
 
 which it was enacted, unless in case of emergency. (Mo. 
 
 IV 36; N.M. IV 23.) 
 No a.t passed by legislature shall go into effect until 90 
 day- after final adjournment of session of legislature which 
 passed such act, except such acts making appropriation and 
 I'll art- immediately necessary for preservation of public 
 peace, health or safety, as have been given immediate effect 
 by action of legislature. (Mich. V 1.) 
 Xo law passed by legislature shall go into effect until 90 
 days after it shall have been filed by governor in office of 
 tary of state, except laws providing for tax levies, appro- 
 priation^ for current expenses of state government and state
 
 Index Digest 783 
 
 INITIATIVE AND REFERENDUM [Cont'd^ 
 
 Referendum (Cont'd) 
 
 When Measures Passed by Legislature Become Effective (Cont'd) 
 
 institutions; and emergency laws necessary for immediate 
 preservation of public peace, health, or safety, which shall go 
 into immediate effect. (Ohio II lc, Id.) 
 No act passed by legislature shall go into effect until 90 days 
 after final adjournment of session of legislature which 
 passed such act, except acts calling elections, acts providing 
 for tax levies or appropriations for usual current expenses 
 of state, and urgency measures necessary for immediate preser- 
 vation of public peace, health, or safety, passed by two-thirds 
 vote of all members elected to each house. (Cal. IV 1.) 
 No act or joint resolution of legislature, except such orders or 
 resolutions as pertain solely to facilitating performance of 
 business of legislature, of either branch or of any committee or 
 office thereof, or appropriate money therefor or for payment 
 of salaries fixed by law, shall take effect until 90 days 
 after recess of legislature passing it, unless in case of emer- 
 gency (which with facts constituting emergency, shall be 
 expressed in preamble of act) legislature shall, by vote of two- 
 thirds of all members elected to each house, otherwise direct. 
 
 (Me. IV Pt. Ill 16.) 
 No act shall take effect until three calendar months from end 
 of session at which same shall have been passed, except in 
 case of emergency. (Nebr. Ill 24.) 
 Emergency Measures 
 Defined 
 
 Any act so declared. (Mo. IV 36.) 
 Acts making appropriations. (Mich. VI.) 
 Measures for support of state government and state institu- 
 tions. (Ariz. IV Pt. I 1 (3) ; S.D. Ill 1.) 
 Measures immediately necessary for preservation of public 
 peace, health or safety. (Ariz. IV Pt. I 1 (3) ; Mich. V 
 1; Nebr. Ill 1C; N.M. IV 23; Ohio II Id; S.D. Ill 1.) 
 Any law necessary for immediate preservation of public 
 peace, health or safety, provided, however, that no meas- 
 ure creating or abolishing any office or changing salary, 
 term or duties of any officer, or granting any franchise 
 or special privilege, shall be construed to be an emergency 
 
 measure. (Cal. IV 1.) 
 Such measures as are immediately necessary for preservation 
 of public peace, health or safety; but shall not include 
 ( 1 ) an infringement of the right of home rule for munici- 
 palities, (2) a franchise or license to a corporation or 
 an individual to extend longer than one year, or (3) pro- 
 visions for sale or purchase or renting for more than five 
 years of real estate. (Me. IV Pt. Ill 16.) 
 Only such measures as are immediately necessary for pres- 
 ervation of public peace, health or safety, and shall not
 
 loysTrtTTiQN* 
 
 INITIATIVE AND REFERENDUM (Conftl) 
 
 ••cy Measures Uonfch 
 
 <J i , . 
 
 ni , hl ,U- ..anung of franchises or license to a corporation 
 , r individual, to extend longer than one year, nor pro- 
 ,,.,„,, f,,- purchase, or sale of real estate, nor renting 
 or encumbrance of real property for a longer term than 
 
 one year. (Okla. V 58.) 
 
 ■■nc;i to be stated 
 In act. (Okla. V 58.) 
 I„ preamble or in body of the law. (Mo. IV 36; Nebr. 
 
 Ill 24: Ore. IV 28; S.D. Ill 22.) 
 With facts constituting it, in preamble of act. (Me. IV 
 
 Pt. Ill 16.) 
 
 In separate section. (N.M. IV 23.) 
 
 fcnv facts creating same, in one section of bill. (N.D. II 
 
 25 (1914).) 
 
 In one section of act, which shall be passed only upon a 
 yea and nav vote, upon a separate roll call thereon. (Cal. 
 
 IV 1; Ohio II Id.) 
 
 Mariner of Passina 
 
 By a two-thirds vote of all members elected to each house. 
 
 \< al. IV 1; Me. IV Pt. Ill 16; Nebr. Ill 24; N.M; IV 
 
 23; Ohio II Id; S.D. Ill 22.) 
 
 By a two-thirds vote of all members elected to each house, to 
 
 be taken by yeas and nays and entered upon journal. 
 
 (Mo. IV 36.) 
 Upon aye and no vote in each house, if two-thirds of mem- 
 bers elected to each house shall vote on a separate roll- 
 call in favor of law going into instant operation. (N.D. 
 
 II 25 (1914).) 
 Upon aye and no vote in each house, if two-thirds of mem- 
 ber- elected to each house shall vote on a separate roll- 
 call in favor of law going into instant operation. And 
 in case of veto by governor, upon approval of three- 
 fourths of members elected to each house, taken by roll 
 call of ayes and nays. (Ariz. IV Pt. I 1 (3).) 
 By two-thirds vote of all members elected to each house 
 and in case of a veto by governor, then by three-fourths 
 vitf of each house to be duly entered on journal. (Okla. 
 
 V 58.) 
 Bj action of legislature. (Mich. V 1.) 
 
 ■ Taking Eff< 
 
 Immediately. (Cal. IV lj Mich. V 1; Ohio II Id; Ore. IV 
 
 2S; Wash. II 1.) 
 
 Immediately upon approval by governor. (N.M. IV 23; 
 
 N.D. II 25 (1914).) 
 
 Immediately upon approval by governor or upon passage 
 
 over his veto by a three-fourths vote. (Ariz. IV Pt. I 
 
 1 (3).)
 
 Inhkx Digest 785 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 Referendum [Cont'd) 
 
 Emergency Measures I Cont'd) 
 
 Time of Taking Effect {Cont'd | 
 
 At such time as legislature shall direct, upon approval by 
 governor, or after passage over his veto, by a three- 
 fourths vote of each house. (Okla. V 58.) 
 When legislature directs. (.Me. IV Et. Ill 10; Mo. IV 36; 
 
 Xebr. Ill 24; S.D. Ill 22.) 
 Length of Time Effective 
 
 Until rejected by voters or repealed by legislature. (Xebr. 
 
 Ill 1C.) 
 May Be Ordered by Legislature 
 
 General provisions. (Colo. V 1.) 
 
 If a majority of members elect vote therefor. (N.D. II 25 
 
 (1914).) 
 As other bills are enacted. (Ark. V 1; Mo. IV 57; Mont, V 1; 
 
 Okla. V 12; Ore. IV 1; Wash. II lb.) 
 Legislature may enact measures expressly conditional upon 
 people's ratification by a referendum vote. (Me. IV Pt. Ill 
 
 19.) 
 Except upon laws immediately necessary for preservation of pub- 
 lic peace, health or safety or for support and maintenance of 
 departments of state government and of state institutions. 
 
 (Ariz. IVPt. I 1 (3).) 
 To Whom Petition Addressed 
 
 To governor of state. (Me. IV Pt. Ill 17.) 
 Manner of Signing Petition 
 
 Persons who cannot write, may sign with their mark. (X.M. 
 
 IV 1.) 
 Number of Signers of Petition 
 
 Five per centum of the legal voters. (Ariz. IV Pt. I 1 (3) ; 
 
 Cal. IV 1; Colo. V 1; Mich. V 1; Okla. V 2; Ore. IV 1.) 
 Five per centum of legal voters in each of at least two-thirds 
 
 of congressional districts in state. (Mo. IV 57.) 
 Five per centum of legal voters, provided that two-fifths of whole 
 number of counties of state must each furnish as signers 5 
 per cent, of legal voters in such county. (Mont. V 1.) 
 Not more than 5 per centum of legal voters. (S.D. Ill 1.) 
 Six per centum, but in no case more than 30,000 of legal voters. 
 
 (Wash. II lb.) 
 
 Six per cent, of electors; provided that petitions be filed from 
 
 each of one-half of counties of state, bearing signatures of not 
 
 less than one-half of designated percentage of electors of such 
 
 county. (Ohio II lc, lg. ) 
 Ten per centum of voters of state. (Xev. XIX 1.) 
 Ten per cent, of legal vulers of state from a majority of counties. 
 
 (N.D. II 25 (1914).) 
 
 Ten per centum of voters of state, so distributed as to include 
 
 5 per cent, of legal voters in each of two-fifths of counties of 
 
 state. (Xebr. Ill IB.)
 
 Stalk Constitutions 
 
 INITIATIVE AND REFERENDUM (Contd) 
 
 Number of Signers of Petition (Cont'd) 
 
 than 1" per centum of qualified electors of each of 
 three-fourths of counties and in aggregate by not less than 10 
 per centum of qualified electors of the state. (N.M. IV 1.) 
 N,,t Less than 10,000 electors. (Me. IV Pt. Ill 17.) 
 
 Fraud in Signing Petition 
 
 my for any person to sign petition with any other name than 
 bis own, or to sign his name more than once for same measure, 
 or t.- sign a petition if not a qualified voter in county, specified 
 in petition; provided that this shall not be construed to pro- 
 hibit the writing on a petition of name of any person who 
 cannot write, and who signs same with his mark. (N.M. IV 1.) 
 
 Filing Petition 
 
 Piled witli secretary of state. (Me. IV Pt. Ill 17; N.M. IV 1.) 
 Within 90 days after recess of legislature. (Me. IV Pt. Ill 
 
 17.) 
 
 Not more than 90 days after final adjournment of session of 
 
 legislature, which passed measure on which referendum is 
 
 demanded. (Ariz. IV Pt. I 1 (4) ; Ark. V 1; Cal. IV 1; Colo. 
 
 V 1; Mich. V 1; Mo. IV 57; N.D. II 25 (1914) ; Okla. V 3; 
 
 Ore. IV 1; Wash. II Id.) 
 
 Within 90 days after legislature enacting same adjourns sine 
 
 die or for period longer than 90 days. (Nebr. Ill IB.) 
 
 Within 90 days after law shall have been filed by governor in 
 
 office of secretary of state. (Ohio II lc.) 
 Not less than four months prior to next general election. (N.M. 
 
 IV 1.) 
 
 Not later than six months after final adjournment of session of 
 
 legislature which passed bill on which referendum is demanded. 
 
 (Mont. VI.) 
 
 Suspension of Operation of Referred Measure 
 
 By ordinary petition pending approval of voters. (Ariz. IV Pt. 
 I 1(5) ; Ark. V 1; Colo. VI; Me. IV Pt. Ill 17; Mich. V 1; 
 Mo. IV 57; N.D. II 25 (1914) ; Ohio II lc; Okla. V 3; Ore. 
 IV 1; S.D. Ill 1; Utah VI 1(2) ; Wash. II Id.) 
 Same; provided that emergency acts or acts for immediate preser- 
 vation of public peace, health or safety shall continue in effect 
 until rejected by voters or repealed by legislature. (Cal. IV 1; 
 
 Nebr. Ill 1C.) 
 Bj extraordinary petition signed by 15 per cent, of legal voters 
 
 of majority of whole number of counties. (Mont. V 1.) 
 By extraordinary petition signed by not less than 25 per centum 
 of qualified electors under each of conditions necessary for 
 filing of an ordinary petition, if filed within 90 days after 
 adjournment of session of legislature which passed law. (N.M 
 
 IV 1.) 
 Only after rejection by voters. (Nev. XIX 2.)
 
 Index Digest 787 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 Referendum (Cont'd) 
 
 Application to Part of Measure 
 
 Filing of referendum petition against one or more items, sec- 
 tions, or parts of an act shall not delay remainder of that act 
 from becoming operative. (Ariz. IV Pt. I 1(4); Cal. IV 1 ? 
 Colo. V 1; Nebr. Ill 1C; N.D. II 25 (1914); Ohio II lc; 
 Okla. V 4; Ore. IV la; Wash. II Id.) 
 Proclamation by Governor 
 
 As soon as it appears that effect of any act, bill, resolve, or 
 resolution or part or parts thereof has been suspended by 
 petition in manner aforesaid, governor, by public proclama- 
 tion, shall give notice and of time when such measure is to be 
 voted on by people. (Me. IV Pt. Ill 17.) 
 Submission to Electors 
 
 At next general election. (N.M. IV 1.) 
 
 At next succeeding general election occurring at any time sub- 
 sequent to 30 days after riling of petition. (Nebr. Ill IB.) 
 At next succeeding general election occurring at any time sub- 
 sequent to 30 days after filing of petition, or at any special 
 election which may be called by governor in his discretion, 
 prior to such regular election. (Cal. IV 1.) 
 At next succeeding regular or general election in any year occur 
 ring subsequent to 60 days after filing petition. (Ohio II lc. ) 
 At next general election not less than 60 days after gov- 
 ernor's proclamation, or in case of no general election in six 
 months thereafter, governor may, and if so requested in said 
 written petition therefor, shall order such measure submitted 
 to people at special election not less than four nor more than 
 six months after his proclamation thereof. (Me. IV Pt. Ill 
 
 17.) 
 At next ensuing election wherein state or congressional officer 
 is to be voted for, or wherein any question may be voted on 
 by electors of entire state. (Nev. XIX 1.) 
 Vote Necessary to Adoption 
 
 Majority of votes cast thereon. (Nebr. Ill ID; N.D. II 25 
 
 (1914) ; Okla. V 3.) 
 Majority of electors voting at state election. (Nev. XIX 3.) 
 Measure shall be rejected if majority of legal votes cast thereon, 
 and not less than 40 per cent, of total number of legal votes 
 cast at election be cast for its rejection. (N.M. IV 1.) 
 Effect of Rejection of Measure by Electors 
 
 If electors reject referred law it shall be annulled and thereby 
 repealed with same effect as if legislature had then repealed 
 it, and such repeal shall revive any law repealed by act so 
 
 annulled. (N.M. IV 1.) 
 To Take Effect 
 
 Upon publication of certificate of secretary of state declaring 
 
 result of vote thereon (N.M. TV 1.) 
 Thirty days after governor shall have announced by proclama- 
 tion that same was ratified. (Me. IV Pt. Ill 17.)
 
 : . I iONSTlTPriONS 
 
 
 
 .1ATIVE AND REFERENDUM (Confd) 
 I '</ ) 
 aendment and Repeal of Adopted Measure 
 
 - accepted by people under referendum may be 
 ided l'\ legislature at any subsequent session thereof. 
 
 (Cal. IV 1; Mich. VI.) 
 NN I law or resolution shall be adopted by electors 
 
 U stand as law of state, and shall not be overruled, 
 annulled, set aside, suspended or in any way made inoperative, 
 ept bj direct vote of people. (Nev. XIX 2.) 
 Legislature to Make Provisions 
 
 slat ure shall enact laws necessary for effective exercise of 
 
 referendum power. (N.M. IV 1.) 
 
 I Ml I \ 1 CVE AXU Kl.l ■■KRL.NDUM 
 
 Reserved 
 
 I votera of any legal subdivision of state. (Utah VI 
 
 1(2).) 
 1 i qualified electors of every incorporated city, town and county. 
 
 (Ariz. IV Pt. I 1(8).) 
 To electors of each county, city and county, city and town of 
 
 state. (Cal. IV 1.) 
 To qualified electors of each county, municipality and district. 
 
 (Ore. IV la.) 
 To people of each municipality and each county. (Ark. V 1; 
 
 Nev. XIX 3.) 
 To legal voters of every county and district therein. (Okla 
 
 V 5.) 
 To legal BOteirB of every city, town and municipality. (Colo. V 1.) 
 City council of any city may establish for electors of such city 
 in regard to its municipal affairs, provided that ordinance 
 establishing and providing method of exercising shall not 
 take effect until ratified by vote of a majority of electors of 
 such city voting thereon at a municipal election. (Me. IV 
 
 Pt. Ill 21.) 
 To : of each municipality. (Ohio II If; S.D. Ill 1.) 
 
 Do people Of every municipal corporation now existing or here- 
 r created within state. (Okla. XVIII 4a.)' 
 
 To What Measures Applicable 
 
 md amendments to constitution. (Constitutional pro- 
 
 vision is so worded as to give voters of municipalities and 
 
 ounties exactly same powers as are reserved to people of 
 
 although this was doubtless not intention of framers.) 
 
 (Ark. V 1.) 
 \11 local, special and municipal legislation of every character. 
 
 (Colo. V 1; Nev. XIX 3; Ore. IV la.) 
 All legislative authority which municipal corporation may exer- 
 and amendments to charters for its own government in 
 •rdance with provisions of constitution. (Okla. XVIII 4a.) 
 : legislation and any law or ordinance passed by law- 
 making body. (Utah VI 1(2).)
 
 Index Digest 789 
 
 INITIATIVE AND REFERENDUM ( r WV i 
 Local Initiative and Rbfghkndu» H'u„i'<h 
 To What Measures Applicable (Cont'd) 
 
 All local legislation or action in administration of local govern- 
 ment, (Okla. V 5.) 
 All local matters on which local governments are or shall he 
 , empowered by general laws to legislate. (Ariz. IV Pt. I 
 
 1(8).) 
 All questions which municipalities may now or hereafter be 
 authorized by law to control. (Ohio II If.) 
 On Franchises, See Municipalities — Public Utilities. 
 To Whom Petition Addressed 
 
 To clerk of board of supervisors, city clerk or corresponding 
 
 officer. (Ariz. IV Pt. I 1 (9).) 
 Number of Signers of Petition 
 
 Provided by law. (Utah VI 1(2).) 
 
 Not more than 10 per cent, of qualified electors for referendum, 
 or more than 15 per cent, for initiative. (Ariz. IV Pt. I 
 1(8) ; Colo. V 1; Nev. XIX 3; Ore. IV la.) 
 Not more than 10 per cent, of qualified electors for referendum, 
 or more than 15 per cent, for initiative. Other percentages 
 may, however, be fixed "by law". ( Cal. IV 1.) 
 Twice or double the ratio to whole number of legal voters in 
 such county or district as provided therefor in state at large. 
 
 (Okla. V 5.) 
 Every petition for either initiative or referendum in government 
 of municipal corporation to be signed by number of qualified 
 electors residing within territorial limits of corporation, equal 
 to 25 per centum of total number of votes cast at next pre- 
 ceding election. (Okla. XVIII 4b.) 
 Basis for Computing Number of Signers 
 
 Until provided by general law, cities and towns may prescribe 
 basis on which percentage shall be computed. (Ariz. IV Pt. 
 
 I K8).) 
 Filing Petition 
 
 Petition for initiative or referendum in government of municipal 
 corporation to be filed with chief executive officer of municipal 
 
 corporation. (Okla. XVIII 4b.) 
 Procedure 
 
 Shall be provided by law. Until otherwise provided by law 
 legislative body of any county, city and county, city or town, 
 may provide for manner of exercising initiative and refer- 
 endum powers reserved. (Cal. IV 1.) 
 Shall be prescribed by general laws, except that cities and towns 
 may provide for manner of exercising initiative and refer- 
 endum powers as to their municipal legislation. ( Colo. V 1 ; 
 
 Ore. IV la.) 
 To be prescribed by general laws except that boards of county 
 commissioners may provide for time of exercising initiative 
 and referendum powers as to local legislation in their respec- 
 tive counties and districts. (Okla. V 5.)
 
 ; Constitutions 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 
 \i. Referendum (Cont'd) 
 
 Procedure (Cont'>l > 
 
 Wished by municipal ordinance, provided, however, 
 thai legislature may at any time provide a uniform method. 
 
 (Me. IV Pt. Ill 21.) 
 Cities, towns and counties may prescribe, within restrictions of 
 general laws. (Ariz. IV Pt. I 1(8).) 
 Not to Interfere With Home Rule 
 
 Nothing contained in this section (establishing local initiative 
 and referendum) shall be construed as affecting or limiting 
 present or future powers of cities or cities and counties hav- 
 ing charters adopted under the provisions of section 8 of 
 article XI of tins constitution (granting home rule to certain 
 
 cities). (Cal. IV 1.) 
 Submission to Electors 
 
 To be provided for by law. (Nev. XIX 3; Ohio II If; Utah 
 
 VI 1(2).) 
 When petition demands enactment of ordinance or legal act 
 other than grant, extension, or renewal of franchise, chief 
 executive officer shall present same to legislative body of 
 municipal corporation at its next meeting; unless petition be 
 granted more than 30 days before next election at which 
 any city officers are elected, chief executive to submit to quali- 
 fied electors at that election; if majority of electors voting 
 thereon, vote in favor, to become in full force and effect. When 
 petition demands referendum vote upon ordinance or legal act 
 other than grant, extension or renewal of franchise, chief 
 executive to submit same to qualified electors at next suc- 
 ceeding general municipal election; if majority of electors 
 voting thereon do not vote for same, to thereupon stand re- 
 pealed. When petition demands amendment to charter, chief 
 executive to submit same to qualified electors at next election 
 of any officers of corporation; if majority of electors, voting 
 thereon, vote for amendment, same to become amendment to 
 and pari of charter when approved by governor and filed in 
 me manner and form as is required in case of original 
 
 charter. (Okla. XVIII 4c, d, e.) 
 ■ governed by general laws of state, except as otherwise 
 provided in constitution. (Cal. IV 1.) 
 Special Application * 
 
 county may by a majority of legal voters of such county 
 
 upon proposition, abolish township organization or 
 
 raiment. Board of county commissioners upon petition 
 
 ■ bj 16 per centum of total number of votes cast at last 
 
 1 election for county office receiving highest number 
 
 vote-. 3 hall within 30 days after a regular meeting of 
 
 I next envening after filing of petition, call a special 
 
 purpose, or board may in their discretion 
 
 t question at next general election held after filing of.
 
 Index Digest 791 
 
 INITIATIVE AND REFERENDUM (Cont'd) 
 Local Initiative and Referendum (Cont'd) 
 Special Application (Cont'd) 
 
 such petition, if carried township organization or government 
 shall cease in such county and all duties theretofore performed 
 by township officers shall be performed by county officers 
 having like duties to perform in relation to county at large 
 as such township officers performed in relation to township 
 at large. At any general election after abolition of township 
 organization or government question of returning to township 
 government may be submitted as provided for submission of 
 question of abolishing such government, " if a majority of 
 votes cast be in favor of township government same shall 
 thereupon be established, and board of county commissioners 
 shall appoint full quota of township officers who shall hold 
 offices and perform duties until their successors shall have 
 been elected at next general election and until they r-hall have 
 qualified. Except as otherwise specifically provided by this 
 section, law relating to carrying into effect initiative and 
 referendum provisions of constitution shall govern". (Okla. 
 
 V 5a.) 
 
 INJURIES 
 
 See also Life, Liberty and Property. 
 See also Administration of Justice. 
 To person, See Personal Injuries. 
 To property, See Property. 
 To reputation, See Libel and Slander. 
 Death, See Death. 
 
 Injury to rights to be adequately redressed by due process of law. 
 
 (La. 6.) 
 Injury to immunities to be redressed by due course of law. (Me. I 19.) 
 Right of action to recover damages for injuries shall never be abrogated 
 
 and amount recovered not to be subject to statutory limitation. (Ariz. 
 
 XVIII 6.) 
 Defense of contributory negligence or of assumption of risk in all cases 
 
 whatever to be question of fact for jury. (Ariz. XVIII 5; Okla. 
 
 XXIII 6.) 
 
 INSANE PERSONS 
 See Charities. 
 See Elections. 
 See Juries. 
 
 See Persons Under Legal Disability. 
 See Public Officers — Qualifications and Disqualifications. 
 
 INSPECTION 
 
 Offices for weighing, gauging, measuring, culling or inspecting any com- 
 modity, abolished; no such office to be created; this section not to 
 abrogate or to prevent creation of any office created to protect public 
 health, state property, revenue, tolls or purchases, or to supply people 
 correct standards of weights and measures. (N.Y. V 8.)
 
 ■ MliL'lI' 
 
 . ectio:< 
 
 created for inspeetie« or measuring of any mer- 
 uufacture or commodity, but legislature may authorize 
 maicipaJity to appoint (Ala. IV 77; Pa. Ill 27.) 
 
 ill and uniform laws provide for inspection, 
 :.t and graduation of merchandise, manufactured articles 
 idities, and jnay provide for appointment of necessary 
 
 officers. (Cal. XI 14.) 
 
 ire to pass laws for inspection of grain, for the protection of 
 
 producers, shippers and receivers of grain and produce. (111. XIII 7.) 
 
 Mature to enact laws for inspection of grain, tobacco and other 
 
 Jucc for the protection of producers, shippers and receivers of 
 
 .;i:. tobacco and other produce. (Ky. 206.) 
 
 INSTRUMENTS 
 
 instrumevJs relating to property only, See Property. 
 instruments relating to decedents' estates only, See Decedents' 
 
 Estates. 
 Legysl&feure may, by general law. authorize courts to carry into effect, 
 upon such terms as shall be just and equitable, the manifest intention 
 of pestles, and officers, by curing omissions, defects and errors, in in- 
 struments and proceedings, arising out of their want of conformity 
 
 with laws of state. (Ohio II 28.) 
 
 Invalid instruments not to be given effect by local, private or special 
 
 law. (Ala. IV 104; Cal. IV 25; Ida. III! 19; Ky. 59; Xev. TV 20; 
 
 Wash. IT 28.) 
 Informal or invalid instrument not to be given effect by local or special 
 
 law. (N.M. IV 24.) 
 County courts, through their clerks to have custody of deeds and other 
 papers presented for record in counties, to be preserved therein or 
 otherwise disposed of as prescribed by law. (W.Va. VIII 24.) 
 INSURANCE 
 
 ■ ions relating to all corporations, See Corporations. 
 
 ADMINISTRATION" 
 
 Insurancc department established and charged with execution of laws 
 in relation to insurance and insurance companies doing business 
 
 in state. (Okla. VI 22.) 
 oration commission may have a subordinate division or bureau 
 
 of insurance. (Va. XII 155.) 
 
 ;s!ature may provide for creation of commissioner of insurance, 
 
 statistics and history, whose term of office, duties and salary to be 
 
 prescribed by law. (Tex. XVI 38.) 
 trance commissioner elected by qualified voters at general elec- 
 tion-, term of office four years. Ineligible to office of secretary of 
 state, iiHoriiey--:eneral, treasurer, auditor, prothonotary, clerk of 
 the peace, register of wills, recorder, sheriff or coroner. (Del. Ill 
 
 21, 11.) 
 
 doner of insurance elected by qualified electors at same times 
 
 places as members of legislatures 25 years old, citizen 
 
 an,] same qualifications as state electors; to hold 
 
 at -. :i t of government for two years and until successor 
 
 qualified. (N.D. Ill 82.)
 
 Index Digest 793 
 
 INSURANCE (Cont'd) 
 
 Administration (Cont'd) 
 
 PowerB and duties of commissioner of -insurance prescribed by law. 
 
 (X.D. Ill 83.) 
 
 Salary of commissioner of insurance fixed at $2,000 until otherwise 
 
 provided by law; not to be increased or diminished during period 
 
 for which elected, and fees and profits to be covered into treasury. 
 
 (X.D. Ill 84.) 
 
 Insurance commissioner elected by qualified electors at first general 
 
 election as chief officer of insurance department. Term of office 
 
 four years, to be 25 years of age and versed in insurance 
 
 matters; to give bond, perform duties and possess qualifications 
 
 prescribed by law. (Okla. VI 22, 24.) 
 
 Commissioner of insurance to keep office and public records at seat 
 
 of government and perform duties designated in constitution or 
 
 prescribed by law. (Okla. VI 1.) 
 Compensation of insurance commissioner fixed at $2,500 until other- 
 wise provided by law; not to be increased or diminished during 
 term for which elected and not to receive to own use fees, costs 
 or perquisites of office or other compensation; fees collected paid 
 to treasurer monthly. (Okla. VI 34, XIX 4, Scned. 15.) 
 Records, books and files liable to " full visitorial and inquisitorial 
 powers of the state". (Ariz. XIV 16.) 
 Creation of Companies 
 
 Corporate powers and privileges issued and granted by secretary of 
 state, as prescribed by law, or by other person named by law if 
 he is disqualified. (Ga. Ill Sec. VII 18.) 
 Legislature shall not pass local or special laws chartering insurance 
 companies. (Mont. V 26; N.M. IV 24; Wyo. Ill 27.) 
 Fire Insurance Companies 
 
 Legislature to compel deposit of " reasonable securities " with state 
 treasurer to secure people against loss. (Ga. Ill Sec. XII 4.) 
 Foreign Insurance Companies 
 
 Not to do business until collateral or indemnity required to protect 
 patrons within state has been deposited and agreement made to 
 pay taxes and fees. (Okla. XIX 1.) 
 Refusal to pay taxes or fees forfeits license. 'Okla. XIX 1.) 
 Foreign life insurance companies must deposit with state comptroller- 
 general, or have deposited with proper officer in own state, $100,000 
 in securities equivalent to cash as guarantee fund for policy hold- 
 ers; on proper certification and payment of fees may then be 
 licensed to do business. (Ga. Ill Sec. XII 1, 2.) 
 Required to pay certain fees enumerated for various kinds of com- 
 panies. (Okla. XIX 2.) 
 Life Insurance 
 
 Husband may insure his own life for sole use and benefit of his wife 
 and children, and in case of death of husband, amount thus insured 
 to be paid over to wife and children, or to guardian, if under age, 
 for her, or their own use free from all clnims of representatives of 
 her husband, or anv of his creditors. (N.C X 7.)
 
 State Constitutions 
 
 INSURANCE I 
 
 LOT [ksubance Companies 
 
 -tare comptroller-general, or have deposited with 
 
 >er officer in own state, $100,000 in securities equivalent to cash 
 
 fund for policy holders; on proper certification and 
 
 : fees may then be licensed to do business. (Ga. Ill 
 
 Sec. XII 1, 2.) 
 
 Resident life insurance companies must deposit with comptroller- 
 
 a] or 'strong corporation" approved by him $100,000 in 
 
 rities equivalent to cash as guarantee fund for policy holders; 
 
 any interest on said securities payable to companies; provision 
 
 le for exchange of securities. (Ga. Ill Sec. XII 3.) 
 
 PlBLIC lil ILDINGS OR PROPERTY 
 
 May he insured in mutual associations or companies. (Ohio VIII 6.) 
 
 Kails 
 
 Laws mav he passed to regulate rates of all domestic or foreign com- 
 panies. (Ohio VIII 6.) 
 
 Reports of Companies 
 
 Semi-annual reports to governor to be required by legislature and to 
 be printed at companies' expense, for information and protection 
 
 of people. (Ga. Ill Sec. XII 5.) 
 Stockholders' Liability 
 
 Individually liable, equally and ratably, to extent of par value of 
 shares, in addition to amount invested therein, for all contracts, 
 debts and engagements. (Ariz. XIV 11.) 
 Individually and personally, equally and ratably, and not one for 
 another, liable for all contracts, debts and engagements accruing 
 while stockholder, to amount of stock at par in addition to 
 
 amount invested. (Wash. XII 11.) 
 Tax Exempt Companies 
 
 State to provide for certain farm, trades, fraternal, health, life, acci- 
 dent and mutual companies, which are to be exempt from taxation. 
 
 (Okla. XIX 3.) 
 Taxation, See Taxation. 
 Workmen's Compensation Insurance, See Workmen's Compensation. 
 
 INTEREST 
 
 Legislature to fix rate to be equal and uniform throughout state, but may 
 provide for "conventional rate" not exceeding 10 per cent. (Tenn. 
 
 XI 7.) 
 il rate to be 6 per cent., unless legislature otherwise provides. (Md. 
 
 Ill 57.) 
 
 for greater rate of interest than 10 per cent, to be void as to 
 
 principal and interest, and legislature shall prohibit same by law, 
 
 hut when no rate of interest is agreed upon, rate to be 6 per cent. 
 
 (Ark. XIX 13.) 
 
 i rate agreed on, rate not to exceed 6 per cent.; contracts for 
 
 it'' than 10 per cent, to be deemed usurious and first legisla- 
 
 rovide penalties. (Tex. XVI 11.) 
 
 When il. rate agreed on, rate not to exceed 6 per cent., but by contract 
 
 y agree upon rate not to exceed 10 per cent.; legislature
 
 Index Digest 795 
 
 INTEREST {Cont'd) 
 
 may reduce these rates; knowingly taking or charging a greater rate 
 to be forfeiture of entire interest and if greater rate paid there may be 
 recovered twice the amount so paid if action brought within two years 
 after maturity of contract but legislature may modify this rule. 
 
 (Okla. XIV 2, 3.) 
 
 Banks not to receive, directly or indirectly, greater rate than allowed to 
 individuals loaning money. (Ala. XIII 252; Ind. XT 9.) 
 
 Rate not to be regulated by local, private or special law. (Ala. IV 104; 
 Ariz. IV 19; Cal. IV 25; Colo. V 25; Ida. Ill 19; 111. IV 22; Ind. IV 
 22; Ky. 59; La. 48; Minn. IV 33; Miss. IV 90; Mo. IV 53; .Mont. V 
 26; Nebr. Ill 15; X.M. IV 24; X.D. II 69; Okla. V 46; Ore. IV 23; 
 Pa. Ill 7; Tex. Ill 56; Utah VI 26; Va. IV 63; Wash. II 28; W. Va. 
 
 VI 39; Wyo. Ill 27.) 
 
 Rate not to be regulated by private or local law. unless bill or amendment 
 reported by commissioners to revise statutes. (X.Y. Ill 18, 23.) 
 
 INTERNAL IMPROVEMENTS 
 
 In this title are digested provisions relating to internal improvements 
 and public icorks in general; for provisions relating to particular forms 
 of internal improvements or public works, See the specific titles. 
 Boaed of Public Works 
 
 Members are governor, comptroller of the treasury and treasurer. 
 To keep a journal of proceedings and hold regular sessions at 
 Annapolis first Wednesday in June, April, July and October of 
 each year and oftener if necessary; to hear and determine matters 
 affecting public works and as legislature may give them power to 
 decide; to receive no additional salary. To supervise all public 
 works in which state is interested; appoint state's directors in 
 railroads and canal companies; detailed provisions as to protec- 
 tion of public interest by directors of these public works. (Md. 
 
 XII 1, 2.) 
 Superintendent of Public Works 
 
 Appointed by governor for one year ; powers and duties now exercised 
 by board of public works and such others as may be provided by 
 law. To continue as long as the state lias public works which 
 require superintendence. (Ohio VIII 12.) 
 Bonds for, See State Debt — Purpose — Internal Improvement. 
 Corporations for 
 
 Creation by local or special law forbidden. (Tex. Ill 56.) 
 Districts 
 
 In this subhead are digested provisions relating particularly to inter- 
 nal improvement districts; for districts in general. See Districts. 
 Legislature to have power to create improvement. (Okla. XVI 1.) 
 Debts, under territory, of improvement districts to remain valid and 
 unaffected until paid or refunded according to law. (X.M. XXII 
 
 12.) 
 Eminent Domain for, See Eminent Domain. 
 Encouragement 
 
 Legislature ought to encourage a well-regulated system of internal 
 
 improvements. (Tenn. XI 11.)
 
 - ATE Co.\>lTT',TIOXS 
 
 . F.RNAL IMPROVEMENTS [Cont'd) 
 
 to be u^d for general expenses of government, surplus 
 -urv surplus applied to the principal of the public 
 
 debt. (Ind. X 2.) 
 Iszebnal r cent Funds 
 
 s donated to state of Minnesota for internal improvement by 
 .if 1S41, shall be appraised and sold in same 
 planner, by same officers, and at minimum price provided by law 
 ol lands, sale price to be invested in bonds of the United 
 Stales or state of Minnesota issued since 1S60. Money received by 
 county treasurers from such sales to be held subject to order and 
 direction of state treasurer for benefit of fund; to be paid over 
 the loth of June annually and at such other times as requested 
 by state treasurer. Bonds bought under this section transferable 
 only on order of governor and indorsed Minnesota internal 
 improvement land fund of the state, transferable only on order 
 of governor. Sale price not to be reduced by charges of costs of 
 officers, fees or any other means whatever. Money of fund not to 
 be appropriated for any purpose till law appropriating approved 
 by majority of electors voting an annual general election following 
 passage. Force of this amendment (section) shall be to author- 
 ize Bale of internal improvement lands without further legislative 
 
 enactment (Minn. IV 32.) 
 Laws Relating to 
 
 Laws relating to public buildings and improvements excepted from 
 
 provision that no laws be enacted to take effect on approval of any 
 
 authority other than legislature. (Ky. 60.) 
 
 Limitations on State 
 
 State shall not construct any railroad or other highway. (Ky. 177.) 
 
 Mute shall not become interested in or a party to any work of, 
 
 except public roads, or engage in carrying on any such work. (Va. 
 
 XIII 185.) 
 
 te shall never be a party to carrying on any works of. (Kan. 
 
 XI 8 ) 
 State shall not engage in. (S.D. XIII 1.) 
 
 Not engage in works of internal improvement or lend money or credit 
 
 in aid of such. .(Ala. IV 93.) 
 State shall not engage in any work of, unless authorized by two- 
 thirds vote of the people. (N.D. XII 185; Wyo. XVI 6.) 
 
 all not be involved in construction of works of, nor in grant- 
 efor, except a limited amount in certain counties. 
 
 (Md. Ill 34.) 
 •tale shall not be a party to or interested in any work of. nor engage 
 in carrying on such work except improvement of or aid in improve- 
 ment of public wagon roads, reforestation and protection of state 
 - and expenditure of grants to state of lands or other property. 
 
 (Mich. X 14.) 
 
 never contract debt for or be a party in carrying on 
 
 of, excepl where property has been granted the state 
 
 Sly for particular works, state may use avails of grants and 
 
 r ..ni works for their completion. (Minn. IX 5; Wis. 
 
 VIII 10.)
 
 Index Digest 707 
 
 INTERNAL IMPROVEMENTS \C<mC<l 
 Sale of 
 
 Proceeds of to be used for genera) expends of government, surplus 
 added to treasury surplus applied to the principal of the public 
 
 debt. (Ind. X2.) 
 Board of public works, subject to regulations and conditions pre- 
 scribed by legislature, may sefl state's interest in works of internal 
 improvement and receive in payment bonds and registered debt 
 owing by state " equal in amount to price obtained for state's 
 
 interest". (Md. XII 3.) 
 State Aid to 
 
 Legislature may give public lands as provided by law for construc- 
 tion of sea walls and breakwaters. (Tex. XI S.) 
 
 INTOXICATING LIQUORS, See Liquors. 
 
 IRRIGATION 
 
 See also "Ditches ", " Eminent Domain ", " Waters ". 
 In General 
 
 Legislature to provide system of when deemed expedient; for 
 compulsory issuance of bonds by. owners or lessees of lands benefited 
 or affected under system provided for by legislature; a system of 
 taxation on lands benefited or on crops produced on such land to 
 discharge bonded indebtedness or expenses necessarily incurred in 
 establishment of improvement. (Okla. XVI 3.) 
 All companies furnishing water for to be deemed public service cor- 
 porations and under control of corporation commission. (Ariz. 
 
 XV 2.) 
 
 Land " needed for irrigation works on L'nited States project ", to be 
 
 relinquished to United States and other lands selected. (Ariz. 
 
 X.5.) 
 
 United States to have right and power needed to carry out act of 
 
 Congress for irrigation of arid lands. (Ariz. XX 10: N.M. 
 
 XXI 7.) 
 Irrigation Districts 
 
 In this title are digested provisions relating particularly to irriga- 
 tion districts; for provisions relating to districts in general, See 
 
 Districts. 
 
 Legislature to have power to provide for supervision, regulation and 
 
 conduct of the affairs of irrigation districts organized and existing 
 
 under any law of this state. (Gal. XI 13.) 
 
 District bonds and interest thereon may be made payable at any 
 
 place or places within or outside United States and in any money, 
 
 domestic or foreign, designated in said bonds. (Gal. XI 13%.) 
 
 Irrigation districts may acquire stock of foreign corporation, to gain 
 
 control of international water system necessary for its operation. 
 
 (Gal. IV 31.) 
 
 Debts, under territory, of irrigation districts to remain valid and 
 
 unaffected until paid or refunded according to law. (N.M. 
 
 •• XXII 12.) 
 
 Any district may incur debt not exceeding 5 per cent, on assessed 
 
 valuation of taxable property therein for preceding year and addi-
 
 State < onstituttons 
 
 IRRIGATION [Cont'd) 
 
 ... is [Cont'd) 
 I debt not over 10 per cent, to provide water and sewerage for 
 irrigation; no county, municipal corporation, civil township, dis- 
 ti. mbdivision to be included within such district or sub- 
 
 division without a majority vote in favor thereof of the electors of 
 the district proposed to be included therein, and no such debt to 
 r incurred for any of the purposes in this section provided, 
 unless authorized by a vote in favor thereof by a majority of the 
 of such district incurring the same. (S.D. XIII 4.) 
 
 canals, reservoirs, pipes and flumes owned and used exclu- 
 sively by individuals or corporations for irrigating their own or 
 their members" lands not to he separately taxed so long as so 
 owned and used. (Colo. X 3; Utah XIII 3.) 
 Community ditches and all laterals thereof for irrigation exempt 
 
 from taxation. (N.M. VIII 3.) 
 JEOPARDY 
 
 I .i m km. Rule 
 
 \o person shall be put twice in jeopardy for same offense. (Ariz. 
 II 10; Gal. I 13; Colo. II 18: Fla. D.R. 12; Ida. I 13; 111. II 10; 
 Ind. I 14; Mont. Ill 18; Xebr. I 12; New I 8; N.M. II 15; X.Y. 
 I 6; X.D. I 13: Ohio I 10; Ore. I 12; S.D. VI 0; Utah I 12; Va. 
 
 I 8; Wash. I 9; Wyo. I 11.) 
 Xo person for same offense to be twice put in jeopardy of punish- 
 ment. (Minn. I 7; Wis. I 8.) 
 No person to be twice put in jeopardy of life or liberty for same 
 offense. (Ark. II 8; La, 9; Miss. Ill 22; Okla. II 21; S.C. I 17; 
 
 Tex. I 14; W.Va. Ill 5.) 
 
 Xo person to be twice put in jeopardy of life or limb for same 
 
 offense. (Ala. I 9; Del. I 8: Ky. 13; Me. I 8; Pa. I 10; Tenn. 
 
 I 10.) 
 No person shall, after acquittal, be tried for the same offense. (Towa 
 
 I 12; Mich. II 14: N.H. I 16: X.J. I 10; R.I. I 7.) 
 No person after once acquitted by a jury to be again put in jeopardy 
 
 of life or liberty for same offense. ^Mo. II 23.) 
 Persons once acquitted by jury not again to be put in jeopardy of 
 life and liberty for that of which he has been acquitted. (Okla. 
 
 II 21.) 
 ■ declared not guilty in court of competent jurisdiction 
 ' t- be again put upon trial for same offense. (Tex. I 14.) 
 after conviction new trial granted defendant cannot be tried 
 or degree of offense greater than one for which con- 
 victed. (N.M. II 15.) 
 notion or acquittal under statute or municipal ordinance to be 
 mother prosecution for same offense. (Ky. 108.) 
 I> '."i A MOUNT TO • 
 In case of mistrial. «Ja. I Sec. I 8; La. 9.) 
 
 ted niter verdict. (Colo. II 18; La. 9; Wyo. I lif- 
 ted after verdict on defective indictment.' (Mo. II 
 
 23.)
 
 Index Digest 799 
 
 JEOPARDY (Cont'd) 
 
 What Does Not Amount to (Cont'd) 
 
 Judgment reversed for error in law. (Colo. II 18: Mo. 11 23; Wyo. 
 
 1 11.) 
 Jury discharged for disagreement. (Colo. II 18; Wyo. I 11.) 
 Jury may be discharged for disagreement. Defendant recommitted or 
 bailed for trial at same or next term of court. (Ark. II 8; Mo. 
 
 II 23.) 
 Jury may be discharged for reasons fixed by law. (Ala. I 9.) 
 New trial on motion of defendant after conviction. ( Ga. I Sec. I 8; 
 
 La. 9.) 
 Must be acquittal or conviction on merits to bar another prosecution. 
 
 (Miss. Ill 22.) 
 JOINT STOCK ASSOCIATIONS 
 
 See also Corporations, and cross-references there given. 
 Claims against joint-stock associations to be ascertained exactly and 
 original subscribers individually liable for unpaid subscription after 
 
 the stotk. (Nebr. XIB 4.) 
 Directors or trustees jointly and severally liable to creditors and stock- 
 holders for moneys embezzled or misappropriated by officers during 
 
 formers' term. (Cal. XII 3.) 
 Power to supervise and regulate joint-stock companies may be given 
 
 boards, commissions or officers. (Ohio XIII 2.) 
 State not to carry on business of " any association " or become a part 
 
 owner therein. (La. 58.) 
 Stockholders individually and personally, equally and ratably, and not 
 one for another liable for all contracts, debts and engagements accru- 
 ing while stockholders to amount of stock at par in addition to amount 
 
 invested. (Wash. XII 11.) 
 
 Stockholders individually and personally liable, for proportion of debts 
 
 and liabilities contracted while stockholders in proportion of holdings 
 
 to total holdings of stock. (Cal. XII 3.) 
 
 Stockholders individually liable for all labor performed for association. 
 
 (Mich. XII 4.) 
 
 Stockholders liable for indebtedness of company only to amount of stock 
 
 subscribed and unpaid; banks and banking corporations excepted. 
 
 (W.Ya. XI 2.) 
 JUDICIAL POWER 
 See Courts. 
 See Distribution of Powers. 
 
 JUDICIAL SALES 
 
 Of real estate, effect not to be prescribed by private, local or special law. 
 
 (Mo. IV 53; Okla. V 46; Pa. Ill 7: Tex. Ill 56; Va. IV 63.) 
 Effect not to be prescribed by local or special law. (La. 48.) 
 Lands comprising a single tract sold in pursuance of decree of court or 
 execution to be first offered in subdivisions not over 160 acres or one- 
 quarter section, and then offered as entirety, and price bid for latter to 
 control only when it exceeds aggregate of bids for same in subdivisions; 
 but chancery court in cases before it may decree otherwise. (Miss. 
 
 IV 111.)
 
 Si ... CoNMlIUIIOXS 
 
 Il'KIES 
 
 i highest court of state, See Courts — Highest Coubt. 
 
 .;. i;Y JBBS 
 and mi See Courts — Trials — Right to. 
 
 below, this title, Organization 
 
 of Jury. 
 I of (hi i process of law 
 I rimes — Rights of Accused. 
 Life, Libert* ahd Pbopebty*. 
 
 MIKTS. 
 
 itration, S ■ Arbitration. 
 In General 
 
 To remain. (Mich. II 13.) 
 
 To be inviolate. (Kan. B.R. 5; Ohio I 5.) 
 
 -main inviolate. (Ala. I II; Ariz. II 23; Conn. I 21; Ida. 
 1 7: towa I it; Mis*. Ill 31: Xebr. I 6; N.J. I 7; Okla. II 
 10: K.I. I 15; S.< . I 25: Tenn. I 6; Wash. I 21.) 
 To remain inviolate, except where otherwise provided in con- 
 stitution. (Ga. VI Sec. XVIII 1.) 
 To remain inviolate, legislature to pass laws to regulate same, 
 
 and maintain its purity and efficiency. (Tex. I 15.) 
 To remain inviolate, and to extend to all cases' at law without 
 regard to amount in controversy. (Ark. II 7; Minn. I 4; 
 
 S.D. VI 6; Wis. I 5.) 
 To t>e secured to all and remain inviolate. (Cal. I 7; Fla. D. 
 
 R. 3; Mont. Ill 23; Xev. I 3; X.D. I 7.) 
 Ancient mode of trial by jury to be held sacred and right 
 thereof to remain inviolate, subject to such modifications as 
 may be authorized by constitution. (Ky. 7.) 
 Inhabitants of state are entitled to trial by jury, according to 
 
 course of common law of England. (Md. D.R. 5.) 
 As it has heretofore existed to be secure to all and remain in- 
 violate. (X.M. II 12.) 
 To be as heretofore. (Del. I 4.) 
 
 To be a* heretofore, and right thereof to remain inviolate. 
 
 (Pa. I 6.) 
 Aa heretofore enjoyed to remain inviolate. (111. II 5; Mo. II 
 
 28.) 
 In all cases in which heretofore used, to remain inviolate for- 
 ever; birl nothing contained in constitution construed to 
 limit power of legislature to enact laws for adjustment, de- 
 termination and settlement with or without trial by jury, of 
 issues arising under legislation for the protection of lives, 
 health ami safety of employees or for the payment of com- 
 pensation for injuries to employees or for deatli of employees 
 iiom such injuries. (N.Y. I 2, 10.) 
 When issue in fact, proper for cognizance of a jury, is joined, 
 i.«\e riu'Ut to trial by jury, which ought to be held 
 trials of issues proper tor cognizance of a jury in 
 I court ami general trial court to be by jury, except 
 where parties otherwise agree. (Vt. I 12, II 30.)
 
 Indkx Digest 801 
 
 JURIES (Cont'd) 
 
 Eight to Trial by Jury (Cont'd) 
 In General (Cont'd) 
 
 In all cases in general trial court plaintiff or defendant en- 
 titled to jury on application made in open court. (Tex. V 
 
 10.) 
 ^'here issue of fact joined in justices' courts, on demand of 
 
 either party, jury to be summoned. (N.C. IV 27.) 
 In all cases appeal to jury in justices' courts under regulations 
 prescribed by law. (Ga. VI Sec. VII 2.) 
 
 Civil Cases 
 
 To remain inviolate. (Ind. I 20.) 
 
 To remain inviolate; in actions at law where value in contro- 
 versy exceeds $20, to be preserved. (Ore. I 17, VII .3.) 
 
 In civil suits and in" controversies concerning property, except 
 where it has heretofore been otherwise practiced; person claim- 
 ing right may be heard in person or by counsel (Me. I 20.) 
 
 To be preserved if demanded by either party in suits at common 
 law where value in controversy exceeds $20, exclusive of inter- 
 est and costs. (W.Va. Ill 13.) 
 
 Ought to be held sacred in suits between man and man, and con- 
 troversies respecting property. (Va. I 11.) 
 
 In controversies concerning property, and suits between two or 
 more persons, except in cases in which heretofore other ways 
 used and practiced, parties to have right to trial by jury, and 
 this method to be sacred, unless in causes arising on high seas 
 and such as relate to mariners' wages, legislature shall find it 
 necessary to alter it. (Mass. Pt. I 15.) 
 
 Same; additional exception of cases in which value in contro- 
 versy does not exceed $100 and title to real estate is not con- 
 cerned. (N.H. 120.) 
 
 In all controversies at law respecting property ancient mode of 
 trial by jury ought to remain sacred and inviolate. (X.C. 
 
 I 19.) 
 
 Court to render judgment without verdict of jury in civil cases 
 founded on unconditional contracts in writing, where issuable 
 defense not filed under oath or affirmation. (Ga. VI Sec. 
 
 IV 7.) 
 
 Feigned issues prohibited and fact at issue tried by order of 
 court before a jury. (Ida. V 1; N.C. IV 1.) 
 
 Criminal Cases 
 
 Accused to have right in all criminal prosecutions. (Cal. I 13.) 
 Accused to have right in all prosecutions by indictment. (Ala. 
 
 16.) 
 Accused has right to impartial jury in prosecutions by indict- 
 ment or presentment. (Tenn. I 9.) 
 Accused has right to impartial jury in prosecution by indictment 
 or information. (Conn. I 9; Kv. 11; Miss. Ill 26; Pa. 1 9; 
 
 Wis. 1 7.) 
 
 2G
 
 State Constitutions 
 
 JURIES | 
 
 a w by Jury [Cont'd) 
 Criminal Cases (Cont'd) 
 
 Trial- of crime and misdemeanors unless otherwise provided in 
 ostitution, to be by jury. (W.Va. Ill 14.) 
 
 No person to be convicted of crime but by jury, but legislature 
 may provide other means of trial for petty misdemeanors; 
 with right of appeal. (X.C. I 13.) 
 
 Accused lias rioht to impartial jury in all criminal prosecutions. 
 \ri/. J I 24: Ark. II 10; Fla.D.R. 11; Ga. I Sec. I 5; 111. II 9; 
 In,]. I 13; Iowa I 10; Kan. B. R. 10; Md. I). R. 21; Mich. 
 II 19; Minn. 1 6j Mo. II 22; .Mont. Ill 10; Xebr. I 11; X.J. 
 I S; X.M. II 14; Ohio I 10; Okla. II 20; Ore. I 11; R.I. I 10; 
 S.C. 1 18, V 22; S.D. VI 7; Tex. I 10; Vt. I 10; Wash. I 22.) 
 
 Same; to remain inviolate in-criminal cases. (Colo. II 16, 23; 
 
 Wyo. I 9, 10.) 
 
 Same; to remain inviolate in capital cases. (Utah I 10, 12.) 
 
 In criminal prosecutions, man has right to impartial jury, hut 
 on plea of guilty, tendered in person, and with consent of 
 state'- attorney, entered of record, court shall, and in prose- 
 cutions for offense not punishable by death or confinement in 
 penitentiary, on plea of not guilty, with like consent, may, try 
 ea-e without jury; legislature may provide for trial of offenses 
 not punishable by death or confinement in penitentiary by 
 justice of peace without jury, preserving right of appeal and 
 trial by jury in general trial court or city court. (Va. I 8.) 
 
 Accused lias right to impartial jury in all criminal prosecutions; 
 legislature may provide for trial with or without jury by 
 inferior courts or justices of the peace in case of specified 
 misdemeanors and such other misdemeanors as legislature may 
 prescribe by vote of two-thirds of all members elected to each 
 
 house. (Del. I 7, IV 30.) 
 
 In all criminal prosecutions accused to have trial by impartial 
 jury; but in cases where penalty not necessarily imprisonment 
 at hard labor or death, case may be tried by court without 
 jury, judges of general trial court may try at any time, mis- 
 demeanors, and, when jury is waived, all cases not necessarily 
 punishable at bard labor, and receive pleas of guilty in cases 
 less than capital; persons entitled to appeal from fine or im- 
 prisonment by mayors or recorders to general trial court of 
 parish, which trial shall be de novo and without jury. (La. 9, 
 
 116, 117, 111.) 
 
 Accused in criminal prosecutions has right to impartial trial, 
 and. excepl iii trials by martial law or impeachment, by a jury. 
 
 (Me. I 6.) 
 
 Legislature not to make law subjecting person to capital or in- 
 famous punishment, except for government of army and nan, 
 without trial by jury. (Mass. Pt. I 12.) 
 
 islature not to make law subjecting person to capital punish- 
 ment, except for government of army and navy, and militia in
 
 I.NDI.X Dl(;KST S0'3 
 
 JURIES (Cont'd) 
 
 Kioht to Trial by Jtjby [Cont'd) 
 Criminal Cases (Cont'd) 
 
 actual service, without trial by jury; criminal cases within 
 jurisdiction of police courts subject to rignt of appeal and 
 trial by jury. (N.li. I 16; II 76.) 
 Contempt Cases, See Contempts. 
 Waiver 
 
 In General 
 
 By parties in all cases in manner prescribed by law. (Ark. 
 
 117; Minn. I 4; Wis. I 5.) 
 By parties in cases not amounting to felony, by consent ex- 
 pressed in open court. (Cal. I 7; Ida. I 7.) 
 Parties to any cause may submit same to court for deter- 
 mination without aid of jury. ( Md. IV 8. ) 
 In all issues of fact, in any court, jury may be waived by 
 parties, in which case rinding of judge on the tacts to 
 have force and effect of verdict of jury. (X.C. IV 13; 
 
 Okla. VII 2u.) 
 
 Trials of issues proper for cognizance of a jury in highest 
 
 court and general trial court to be by jury, except where 
 
 parties otherwise agree. (Vt. II 30.) 
 
 In all cases in general trial court plaintiff or defendant 
 
 entitled to jury on application made in open court. (Tex. 
 
 V 10.) 
 Laws or rules of Supreme Bench of Baltimore may require all 
 causes in any of courts of Baltimore to be tried before 
 court without jury unless litigants or some one of them 
 shall, within reasonable time or times as may be pre- 
 scribed, elect to have their causes tried before a jury. 
 
 (Md. IV 39 j 
 Where issue of fact joined in justices' courts, on demand of 
 either party, jury to be summoned. (X.C. IV 27.) 
 Civil Cases 
 
 Waived unless demanded. (Utah I 10.) 
 
 Deemed to be waived unless demanded by one of the parties 
 
 in manner prescribed by law. (Mich. II 13.) 
 Waived unless required by either party in suits at common 
 
 law. (W.Va, 111 13.) 
 Upon default of appearance or by consent of parties ex- 
 pressed in manner prescribed by law, jury trial may be 
 
 waived. (Mont. Ill 23.) 
 May be waived by parties in manner prescribed by law. 
 
 (N.Y. 12.) 
 With consent of parties signified in manner prescribed 
 
 by law. (Cal. I 7; Ida. I 7; Nev. I 3.) 
 By filed agreement of both parties; judgment to be subject 
 
 to writ of error as in other cases. (Pa. V 27.) 
 Where matters of fact are at issue, if parties agree, such 
 matters of fact to be tried by court. (Del. IV 23.)
 
 State Constitutions 
 
 JURIES {Cont'd) 
 
 Right ro Tbial ky Jura [Cont'd) 
 Waiver {Confd) 
 
 [Cont'd) 
 Legislature may provide for. where consent of parties inter- 
 ested is given thereto. (Ariz. II 23; Wash. I 21.) 
 Nil jury to In- impanelled in civil cases in general trial court 
 unless demanded by party to the case, and jury fee paid 
 liiiu court by party demanding a jury for such sum and 
 with such exceptions as may be prescribed by legislature. 
 
 (Tex. V 10.) 
 
 In county court no jury to be impanelled to try cases unless 
 
 demanded by one of the parties, who shall pay such jury 
 
 fee therefor in advance as may be prescribed by law, unless 
 
 he makes affidavit that he is unable to pay same. (Tex. 
 
 V 17.) 
 Criminal Crises 
 
 In criminal cases not amounting to felony, upon default of 
 appearance, or by consent of parties expressed in manner 
 prescribed by law, jury trial may be waived. (Mont. 
 
 Ill 23.) 
 Organization of Jury 
 
 / or provisions relating specifically to grand jury, See below, this 
 
 title, Grand Jury. 
 Summoning, Drawing, Impanelling and Selecting 
 
 Great care ought to be taken to prevent corruption or partiality 
 in choice and return or appointment of juries. (Vt. II 30.) 
 Legislature to provide for drawing of jurors. (La. 117.) 
 Trial jury to be drawn and summoned from body of county at 
 
 least three times a year. (Ariz. VI 6.) 
 Legislature to provide for list of qualified persons and drawing 
 therefrom of jurors for each term of general trial court. 
 
 (Miss. XIV 264.) 
 Summoning not to be regulated by local, private or special law. 
 
 (Ariz. IV 19.) 
 Summoning and impanelling not to be regulated by private, 
 Local or special law. (Cal. IV 25; Colo. V 25'; Fla. Ill 20; 
 Ida. Ill 19; 111. IV 22; Ind. IV 22; Ky. 59; Miss. IV 90; 
 Mo. IV 53; Mont. V 26; Xebr. Ill 15; Xev. IV 20; X.J. IV 
 Sec VII 11; X.M. IV 24; X.D. II 69; Okla. V 46; Ore.' IV 
 ■S.\; S.C. Ill 34; Tex. Ill 56; VV.Va. VI 39; Wyo. Ill 27.) 
 Private <>r local law prohibited, unless bill or amendment re- 
 ported by commissioners to revise statutes. (X.Y. Ill 18, 23.) 
 Drawing and selection not to be regulated by local, private- or 
 ial law. i Miss. IV 9(1; N.J. IV Sec. VII 11.) 
 Place Selected from, in Criminal Cases 
 
 Countj or district in which offense alleged to have been com- 
 mitted. (Ala. I 6; 111. II 9; Mont. Ill 16; Xebr. I 11; X.M. 
 tl 14; Ohio I 10; Okla. II 20; Ore. I 11; S.D. VI 7; Tenn. 
 I '•'; Utah I 12; Vt. I 10; Wash. I 22; Wyo. I 10.)
 
 Index Digest 805 
 
 JURIES {Cont'd) 
 
 Organization of Jury {Cont'd) 
 
 Place Selected from, in Criminal Cases (Cont'd) 
 
 County or district in which offense committed, which county or 
 district shall have been previously ascertained by law. (Minn. 
 
 I 6.) 
 County in which offense committed in prosecutions by indict- 
 ment or presentment. (Tenn. T 9.) 
 Vicinity. (Pa. I 9; Va. I 8.) 
 
 Same; except in trials by martial law or impeachment. (Me. 
 
 ~r ft \ 
 County (country). (Vt. I 10.) 
 
 For change of venue, See Courts — Trials. 
 Exemption from Jury Duty 
 
 No voter during time of holding election at which he is entitled 
 
 to vote, to be compelled to attend court as juror. (Va. II 29.) 
 
 Same; adds "or during time necessary and convenient for going 
 
 to and returning from same ". ( W.Va. IV 3. ) 
 Not to be provided for by local, private or special law. (Ala. 
 
 IV 104; Miss. IV 90.) 
 Challenges 
 
 Accused to have peremptory right of challenge; number of 
 
 challenges to be fixed by law. (La. 10.) 
 
 Number Composing 
 
 In General 
 
 Twelve in courts of record other than county courts. (Okla. 
 
 j II 19.) 
 
 Twelve in general trial court. (S.C. V 22; Tex. V 13.) 
 
 Legislature may authorize trial by less than 12. (Mich. 
 
 V 27.) 
 Legislature may authorize less than 12 in inferior courts. 
 
 (Iowa I 9.) 
 Legislature may authorize trial by less than 12 in courts 
 
 inferior to general trial courts. (Nebr. I 6.) 
 
 Legislature may provide for less than 12 in courts not 
 
 of record. (Ariz. II 23; Mo. II 28; S.D. VI 6; Wash. I 21.) 
 
 Eight in courts of general jurisdiction, except in capital 
 
 • ■ cases. (Utah I 10.) 
 
 As fixed by law but not less than six in any case. (Fla. 
 
 V 38.) 
 
 Six in county courts. (Tex. V 29.) 
 
 Six in courts not of record and county courts. (Okla. 11 19.) 
 Six in all municipal courts and courts inferior to general 
 
 trial court. (S.C. V 22.) 
 May consist of six in all courts inferior to general trial 
 
 court. (N.M. II 12.) 
 Six in justice's court. (N.C. IV 27.) 
 
 Legislature may prescribe any number not less than five to 
 constitute trial or traverse jury in courts other than 
 general trial courts and municipal courts. (Oa. VI Sec. 
 
 XVIII 1.) 
 Four in courts of inferior jurisdiction. (Utah I 10.)
 
 Si \U | '..wmTI<»\< 
 
 JURIES I '•/) 
 
 Cont'd) 
 
 Number Composing (Cont'd) 
 Civil < 'ases 
 
 Twelve or any less, number agreed upon by parties in open 
 
 court. (Cal. I 7; Ida. I 7.) 
 
 i in default of appearance, or l>y consent of parties in manner 
 
 prescribed by law, trial may be had by less number than 
 
 provided by law. (Mont. Ill 23.) 
 Less than 1:2, as may be prescribed by law. (Colo. II 
 
 23; Wyo. I 9.) 
 Less than 12 in courts not of record as prescribed by 
 
 law. (N.D. I 7.) 
 Legislature may authorize trial before justice of peace by 
 
 jury of less than 12. (111. II 5.) 
 Six in courts inferior to general trial courts. (Ky. 248.) 
 \ lot more than six in justice's court. (Mont. Ill 23.) 
 In suits at common law before justice of peace, jury may 
 
 consist of six. (W.Va. Ill 13.) 
 
 Legislature may authorize trial of civil cases by jury of 
 
 six where matter in dispute does not exceed $50. (N.J. 
 
 I 7.) 
 
 Legislature may limit number of jurors in general trial 
 
 courts and corporation courts to not less than five in 
 
 cases now cognizable by justices of peace, or to not less 
 
 than seven in cases not so cognizable. (Va. I 11.) 
 
 Criminal Cases 
 
 1 sua! number indispensable. (Me. I 7.) 
 
 Twelve unless otherwise provided in constitution. (W. Va. 
 
 Ill 14.) 
 
 In criminal cases not amounting to felony, upon default of 
 
 appearance or by consent of parties in manner prescribed 
 
 by law, trial may be had by less number than provided 
 
 by law. (Mont. Ill 23.) 
 Twelve or any less number parties agree on in open court 
 
 in case of misdemeanor. (Cal. I 7; Ida. I 7.) 
 Legislature may provide for less than 12 in courts not 
 
 of record. (Colo. II 23; Mich. II 19; Wyo. I 9.) 
 Legislature may provide for less than 12 and not less 
 than five for offenses not punishable by death or con- 
 finement in penitentiary and may classify such cases and 
 prescribe number of jurors in each class. (Va. I S.) 
 Twelve in capital cases and cases in which punishment is 
 necessarily at hard labor; five in cases in which punish- 
 ment may be at hard labor. (La. 9, 116.) 
 Six in courts inferior to general trial courts in case of mis- 
 demeanor. (Ky. 248.) 
 more than six in cases of misdemeanor in justice's 
 
 court. (Mont. Ill 23.)
 
 Index Digest 807 
 
 JURIES (Cont'd) 
 
 Organization of Jury (Cont'd) 
 Number Composing (Cont'd) 
 Criminal Coses (Cont'd) 
 
 Legislature may by general or special law provide for trials 
 of misdemeanors in justices' courts by jury of not more 
 than five nor less than three. (La. I 26.) 
 Six in probate court (only can have jurisdiction for trials 
 of misdemeanors in which punishment cannot be imprison- 
 ment in penitentiary or fine more than $1,000). (N.M. 
 
 VI 23.) 
 Qualifications and Disqualifications of Jurors 
 In General 
 
 As prescribed by law. (Tex. XVI 19.) 
 
 Care ought to be taken that only qualified persons be ap- 
 pointed to serve. (N.H. I 21.) 
 Members of grand jury to be competent to serve as traverse 
 
 jurors. (Ga. VI Sec. XVIII 2.) 
 
 Age 
 
 Must be between 21 and 65 years of age. (S.C. V 22.) 
 Character 
 
 Good moral character. (S.C. V 22.) 
 Citizensliip 
 
 Legislature to provide that most competent of the perma- 
 nent citizens of county be chosen. (Ore. VII 5.) 
 Crime as Disqualification 
 
 No person convicted of treason, perjury, forgery, bribery or 
 other crime punishable by imprisonment in penitentiary 
 
 to be eligible. (La. 160.) 
 
 Person convicted of treason, felony, embezzlement of public 
 money, bartering, selling, or offering to barter or sell vote, 
 purchasing or offering to purchase vote of another, or 
 other infamous crime, and who has not been restored t<> 
 citizenship, or who has been confined to prison for 
 criminal offense, ineligible to serve on jury. (Ida. VI 3.) 
 
 Laws to be made to exclude persons convicted of bribery, 
 perjury, forgery or other high crimes. (Tex. XVI 2.) 
 
 Same; adds "malfeasance in office". (Cal. XX 11.) 
 
 Laws to exclude all persons convicted of perjury, bribery, 
 
 forgery, larceny or other high crime unless restored to 
 
 civil rights. (Nev. IV 27.) 
 Educational 
 
 Must be able to read and write; but want of such qualifi- 
 cation in any juror not to vitiate indictment or verdict. 
 
 (Miss. XIV 264.) 
 
 Right of citizens to sit on juries not restricted or impaired 
 on account of inability to speak, read or write English or 
 Spanish language. This provision never to be amended 
 except on vote in election at which at least three-fourths 
 of electors voting in whole state and at least two-thirds 
 of those voting in each county shall vote for the amend- 
 ment. (N.M. VII 3.)
 
 State Constitittions 
 
 JURIES 
 
 IAN1ZATI0N OF -M i:Y {Cont'd) 
 
 Qualifications and Disqualifications of Jurors (Cont'd) 
 
 Electoral 
 
 Must be elector. (S.C. V 22.) 
 
 L, aws to exclude all persons not qualified electors. (Nev. 
 
 IV 27.) 
 M,,-t be qualified elector, but want of such qualification not 
 to vitiate indictment or verdict. (Miss. XIV 264.) 
 Quardiansh ip as Disqualification 
 
 No person under guardianship eligible to serve on jury. 
 
 (Ida. VI 3.) 
 
 Person under interdiction ineligible to serve on jury. 
 
 (La. 160.) 
 
 I 
 
 Insanity as Disqualification 
 
 No person idiotic or insane eligible to serve on jury. (Ida. 
 
 VI 3.) 
 
 Political Test 
 
 Test oath not to be required. (W.Va. Ill 11.) 
 Not to be required. (Tenn. I 6.) 
 Polygamy as Disqualification 
 
 Person who is a bigamist or polygamist, or who is living in 
 patriarchial or plural marriage, or who in any manner 
 teaches, advises or encourages polygamy ineligible to serve 
 
 on jury. (Ida. VI 3.) 
 
 Racial 
 
 Right of citizens to sit on juries not restricted or impaired 
 on account of race, language or color. This provision 
 never to be amended except on vote in election at which 
 at least three-fourths of electors voting in whole state 
 and at least two-thirds of those voting in each county 
 shall vote for the amendment. (N.M. VII 3.) 
 No persona of Mongolian descent not born in the United 
 States, no Indians not taxed who have not severed their 
 tribal relations and adopted the habits of civilization to 
 
 serve'. (Ida. VI 3.) 
 Religious Test 
 
 Prohibited. (Ariz. II 12; Cal. I 4; Mo. II 5; N.D. I 4; 
 Ore. I 6; Tenn. I 6; Utah I 4; Wash. I 11; W.Va. Ill 11; 
 
 Wyo. I IS.) 
 Right of citizen to sit on jury not restricted or impaired on 
 account of religion. This provision never to be amended 
 except on vote in election at which at least three-fourths 
 of electors voting in whole state and at least two-thirds 
 of those voting in each county shall vote for the amend- 
 ment. (N.M. VII 3.) 
 Compensation of Jurors 
 
 gislature may regulate in all courts within classes of counties 
 permitted by constitution to be made; not in any class to 
 exceed $3 a day and mileage. (Cal. XI 5.)
 
 Index Digest 809 
 
 JURIES (Cont'd) 
 
 Organization of Jury (Cont'd) 
 
 Compensation of Jurors (Cont'd) 
 
 Not to be provided for by local or special law. (Cal. IV 25; Fla. 
 
 Ill 20; Ind. IV 22; Ida. Ill 19; Ky. 59; Nov. IV 20.) 
 General law to prescribe manner of fixing, in all counties of 
 
 state. (Ga. VI Sec. XVIII 3.) 
 Ought to be fully compensated for travel, time and attendance. 
 
 (N.H. I 21.) 
 Charge to Jury, See Courts — Trials. 
 Province of Jury in Criminal Cases 
 In libel cases, See Libel and Slander. 
 To determine law and facts. (Ind. I 19.) 
 
 To determine law and facts under direction of court as to law. (La. 
 
 179; Ore. I 1G.) 
 Verdict 
 
 Number Necessary to Render 
 Cinl Cases 
 
 Unanimity in all cases tried in general trial court. (S.C. 
 
 V 22.) 
 Legislature may provide for less than unanimous vote. 
 
 (N.M. II 12.) 
 Legislature may provide that five-sixths after not less than 
 six hours' deliberation may render verdict. (Minn. I 4.) 
 Three-fourths. (Cal. I 7; Ida. I 7; Ore. VII 5; Utah I 10.) 
 Three-fourths, but if verdict rendered by less than whole 
 number, to be in writing and signed by each juror agree- 
 ing. (Okla. II 19.) 
 Three fourths, but legislature by two-thirds vote of all mem- 
 bers elected to each house may require unanimous verdict. 
 
 (Xev. I 3.) 
 Legislature may provide for decision by three-fourths of 
 
 jury in any court. (S.D. VI 6.) 
 Legislature may provide for not less than three-fourths. 
 
 (Ohio I 5.) 
 Three-fourths in courts of record. (Mo. II 28.) 
 Legislature may provide for verdict by three-fourths in 
 
 courts of record. (Ariz. II 23.) 
 Legislature may provide for three-fourths or more in any 
 
 court of record. (Wash. I 21.) 
 Three-fourths in general trial courts, but verdict to be 
 signed by all jurors concurring; when, pending trial of 
 case, one or more jurors, not exceeding three, die or are 
 disabled from sitting, remainder of jury have power to 
 render verdict; legislature may change or modify rule au- 
 thorizing less than whole number of jury to render ver- 
 dict. (Tex. V 13.) 
 Legislature may provide that in general trial courts, three- 
 fourths or more of jury concurring may render verdict; 
 but when verdict is rendered by less than whole jury it 
 shall be signed by all jurors who agree to it. (Ky. 248.)
 
 - i ate Constitutions 
 
 jl'RIKS 
 
 t'd) 
 Number Necessary to Render (Cont'd ) 
 . | U Cases [Cont'd) 
 
 Two Thirds in civil oases. (Mont. HI 23.) 
 Two-thirds in courts not of record. (Mo. II 2S.) 
 
 linal Cases 
 
 l nanimity required. (Utah I 10.) 
 
 Unanimity required, except in cases not amounting to 
 
 felony. (Okla. II 19.) 
 
 All must concur in capital cases; three-fourths (out of 
 
 twelve) where punishment must be hard labor; all (out 
 
 of five) in cases where punishment may be at hard labor. 
 
 (La. 116.) 
 Unanimity in all cases tried in general trial court. (S.C. 
 
 V 22.) 
 
 Unanimity required (for conviction). (Me. I 7; N.C. I 
 
 13; Vt. I 10; Va. I 8.) 
 Unanimity ought to be required (for conviction). (Md. 
 
 D.R. 21.) 
 Legislature may provide for five-sixths in cases of misde- 
 meanor. (Ida. I 7.) 
 Three-fourths in oases not amounting to felony. (Okla. 
 
 II 19.) 
 Three-fourths in cases below the grade of felony in general 
 trial courts, but verdict when rendered by less than whole 
 number to be signed by every member of jury concurring. 
 When pending trial of case, one or more jurors, not ex- 
 ceeding three, die or are disabled from sitting, remainder 
 to have power to render verdict. Legislature may change 
 or modify rule authorizing less than whole number to 
 render verdict. (Tex. V 13.) 
 Two-thirds in cases not amounting to felony. (Mont. 
 
 Ill 23.) 
 Formal Requirements 
 
 It verdict rendered by less than whole number pf jurors, to be 
 signed by all jurors agreeing. (Ky. 248; Okla. II 19; Tex. 
 
 V 13.) 
 Special Findings 
 
 Jury to return general verdict, and no law to require court to 
 direct the jury to make findings on particular questions of 
 fact but the court may in its discretion direct such special 
 
 findings. (Okla. VII 21.) 
 Conclusiveness of Facts Found 
 
 No fact found by jury to be otherwise re-examined in any cases 
 
 than according to rules of common law. (W.Va. Ill 13.) 
 No fact tried by jury to be otherwise re-examined in any court 
 ol bhia slate, unless court can affirmatively say there is no 
 evidence to support verdict. (Ore. VII 3.) 
 Legislature may provide for appeal from one jury to another 
 in general trial courts and city courts. (Ga. VI Sec. IV 6.)
 
 Index Digest 811 
 
 JURIES {Cont'd) 
 Grand Jury 
 
 As to necessity of indictment in prosecutions, and abolishment of 
 
 grand jurif, Sec CRIMES — Form of Accusation. 
 Summoning, Drawing, Impanelling and Selecting 
 
 Provision may be made by law for drawing and summoning 
 grand jurors from regular jury lists at any time separate from 
 panel of petit jury, and for sitting of grand jury during vaca- 
 tion as well as session of court, as judge may direct. (Ore. 
 
 VII 5.) 
 Legislature to provide for list of qualified persons and for 
 drawing therefrom grand jurors for each term of general 
 trial court. (Miss. XIV 264.) 
 To be impanelled in each parish twice a year; remain in office 
 till succeeding grand jury is impanelled, except in parish of 
 Cameron, in which at least one grand jury shall be impanelled 
 
 each year. (La. 117.) 
 To be drawn and summoned at least once a year in each county. 
 
 (Cal. I 8.) 
 
 To be. convened by order of judge of court having power to try 
 
 felony, upon his own motion ; or on filing of petition signed 
 
 by 100 resident taxpayers of county such grand jury to be 
 
 ordered by such judge; legislature may make calling of grand 
 
 jury compulsory. (Okla. II 18.) 
 Not to be convened except upon order of judge of court having 
 
 power to try felonies. (Mo. II 28.) 
 May be summoned by general trial court in manner prescribed 
 
 by law. (Ida. I 8.) 
 To be drawn and summoned only by order of general trial court. 
 
 (Ariz. VI 6.) 
 To be drawn and summoned only when general trial court judge 
 
 considers it necessary and so orders. (Mont. Ill 8.) 
 Not to be drawn or summoned except by judges of general trial 
 courts when in their opinion public interest demands it. 
 
 (Utah I 13.) 
 Drawing and selection not to be regulated by local, private or 
 
 special law. (Miss. IV 90; N.J. IV Sec. VII 11.) 
 Private or local law prohibited unless bill or amendment reported 
 
 by commissioners to revise statutes. (N.Y. Ill 18, 23.) 
 Summoning and impanelling not to be regulated by local, private 
 or special law. (Cal. IV 25; Colo. V 25; Fla. Ill 20; Ida. 
 Ill 19; 111. IV 22; Ind. IV 22; Ky. 59; Miss. IV 90; Mo. IV 
 53; Mont. V 26; N.J. IV Sec. VII 11; Nebr. Ill 15; Nev. IV 
 20; N.D. II 69; Okla. V 46; Ore. IV 23; S.C. Ill 34; Tex. 
 Ill 56; W.Va. VI 39; Wyo. Ill 27.) 
 Number Composing 
 
 Usual number. (Me. I 7.) 
 Eighteen. (S.C. V 22.) 
 
 May consist of any number not less than five nor more than 15 
 as legislature may provide. (Iowa V 15.)
 
 State Constitutions 
 
 JURIES [Cont'd) 
 
 \D Jtjbt. ( Cont'd) 
 
 Number Composing (Cont'd) 
 
 Twelve. (Colo. II 23; Ky. 248; La. 117; Mo. II 28; Okla. II 
 
 IS; Tex. V 13.) 
 May consist of 12. (Wyo. I 9.) 
 Seven. (Mont. Ill 8i Ore. VII 5; Utah I 13.) 
 To be determined by law. (Ohio I 10.) 
 Qualifications of Jurors 
 
 See also above, this title, Organization of Jury. 
 Legislature to provide. (Tex. XVI 19.) 
 
 Legislature to provide by law for the selection of the moat 
 experienced, intelligent and upright men. (Ga. VI Sec. 
 
 XVIII 2.) 
 
 Must be qualified elector, able to read and write; but want of 
 
 any such qualification not to vitiate indictment. (Miss. 
 
 XIV 264.) 
 Compensation of Jurors 
 
 Legislature may regulate in all courts within classes of counties 
 permitted by constitution to be made; not in any class to 
 exceed $3 a day and mileage. (Cal. XI 5.) 
 Xot to be provided for by local or special law. (Cal. IV 25; 
 Fla. Ill 20; Ida. Ill 19; Ind. IV 22; Ky. 59; Nev. IV 20.) 
 Powers and Duties 
 
 To investigate and return indictments for all characters and 
 
 grades of crime. (Mo. II 28.) 
 Same; other powers as prescribed by law. (Okla. II 18.) 
 Inquiry into misdemeanors. (Tex. V 17.) 
 Number Necessary to Find Indictment 
 Unanimity required. (Me. I 7.) 
 
 Five out of seven. (Mont. Ill 8; Ore. VII 5; Utah I 3.) 
 Nine out of 12. (Colo. II 23; Ky. 248; La. 117; Mo. II 28; 
 
 Okla. II 18; Wyo. I 9.) 
 Nine out of 12 to be a quorum to transact business and present 
 
 bills. (Tex. V 13.) 
 Two-thirds. (S.C. V 22.) 
 To be determined by law. (Ohio I 10.) 
 
 JURISDICTION 
 
 of courts, See Courts. 
 
 Territorial jurisdiction of state, See Territorial Jurisdiction. 
 
 JUSTICES OF PEACE, See Courts. 
 
 LABOR 
 
 A i. ministration of Laws Relating to 
 
 Bureau of immigration, labor and statistics to be established; in 
 
 iharge of commissioner appointed by governor with consent of 
 
 Benate to bold office for two years and until successor qualified, 
 
 unless sooner removed. To collect information on subject of labor 
 
 3 rijiort in writing to governor containing recommendations.
 
 Index Digest 813 
 
 LABOR (Cont'd) 
 
 Administration of Laws Relating to (Cont'd) 
 
 To perform duties and receive compensation prescribed by law. 
 Compensation not to be increased or diminished during term. 
 
 (Ida. XIII 1, S, V 27.) 
 
 Commissioner of agriculture, labor and statistics to be elected by 
 qualified voters of state at time governor is elected. Term four 
 years and until successor qualifies; term begins first Monday 
 January after election. He shall be at least 30 years of age 
 and resident citizen of state two years next preceding election. 
 Duties to be prescribed by law. (Ky. 91.) 
 
 Appointment or election to office of factory inspector, of either males 
 
 or females to be allowed. (La. 210.) 
 
 Legislature may provide for bureau of agriculture, labor and in- 
 dustry located at capitol, under control of commissioner, ap- 
 pointed by governor subject to confirmation of senate to hold office 
 for four years and until successor qualified; compensation provided 
 
 by law. (Mont. XVIII 1.) 
 
 Commissioner of agriculture and labor elected by qualified electors 
 at same times and places as members of legislature; 25 years old, 
 citizen of United States, and same qualifications as state electors; 
 to hold office at seat of government for two years and until 
 successor qualified. Powers and duties to be prescribed by law. 
 Salary to be prescribed by law, but not to be increased or di- 
 minished during period for which elected, and fees and profits 
 to be covered into treasury. (N.D. Ill 82, 83, 84.) 
 
 Department of labor created under control of commissioner to be 
 elected for four years. Commissioner of labor to keep office and 
 public records at seat of government and perform duties desig- 
 nated in constitution or prescribed by law; he shall receive at 
 stated times compensation not to be increased or diminished during 
 term for which elected and shall not receive to own use, costs or 
 perquisites of office or other compensation. Compensation fixed at 
 $2,000 until otherwise provided by law. (Okla. VI 20, 1, 34, 
 
 Sched. 15.) 
 
 Bureau of industrial statistics to be under secretary of internal 
 
 affairs. (Pa. IV 19.) 
 
 Legislature to provide for board of labor, conciliation and arbitra- 
 tion; to fairly represent interests of capital and labor; to perform 
 duties and receive compensation prescribed by law. (Utah XVI 
 
 2.) 
 
 Legislature may establish bureau of labor and statistics under 
 regulations to be prescribed by law. (Va. V 86.) 
 
 Commissioner of agriculture ami industry, See Agriculture. 
 Arbitration and Conciliation 
 
 See also Arbitration. 
 
 See also Courts — Arbitration Courts. 
 
 Legislature may establish boards of arbitration to hear and de- 
 termine conditions and controversies between laborers and em- 
 ployers which may be submitted to them in writing by all parties;
 
 914 State < 'bN^TiTUTioNS 
 
 LABOR ' ?d) 
 
 Abbitbation and Con< ii. i vrmx (Cont'd) 
 
 t p ( 3se8a powers of justices of the peace, in respect to admin- 
 istering oaths, subpoenaing witnesses, compelling attendance, pre- 
 serving order, punishing for contempt, requiring production of 
 papers and others powers and privileges in their nature applicable. 
 
 (Ida. XIII 7.) 
 
 Legislature to create board of arbitration and conciliation in depart- 
 ment of labor, with commissioner of labor ex officio chairman. 
 
 (Okla. VI 21.) 
 
 Everj license issued or charter granted to a mining or public serv- 
 ice corporation, foreign or domestic, to contain stipulation that 
 it will submit any difference it may have with employees in refer- 
 ence to labor, to arbitration, as provided by law. (Okla. IX 42.) 
 
 On request of parties interested corporation commission as far as 
 possible to effecl by mediation adjustment of claims and settle- 
 ment of controversies between transportation or transmission com- 
 panies and their employees. (Okla. IX IS; Va. XII 156 b.) 
 
 Legislature to establish courts of arbitration to hear and determine 
 differences and controversies between organizations of laborers 
 and their employers, which shall be submitted to them in manner 
 prescribed by law; appeals from decisions of compulsory boards 
 of arbitration to be allowed to highest court; manner of taking 
 appeals to be prescribed by law. (Wyo. XIX Boards of Arbi- 
 tration 1, V 28.) 
 
 Blacklisting 
 
 Exchange of Lists Prohibited 
 
 Exchange, solicitation or giving out of any labor black list pro- 
 hibited. (Ariz. XVIII 9.) 
 Exchange of blacklists between corporations prohibited. (N.D. 
 
 XVII 212.) 
 Exchange of blacklists by railroad companies or other corpora- 
 tions, associations or persons, prohibited. (Utah XVI 4.) 
 
 Freedom to Obtain Employment - • 
 
 Every citizen free to obtain employment wherever possible; any 
 person maliciously interfering or hindering him from obtain- 
 ing or enjoying employment already obtained from other per- 
 son, to be guiltj of misdemeanor. (X.D. I 23.) 
 Every person in stale free to obtain employment whenever pos- 
 sible, and any person maliciously interfering or hindering in 
 any way any person from obtaining or enjoying employment 
 already obtained from any person, to be deemed guilty of 
 
 crime. (Utah XII 19.) 
 
 Bondage 
 
 and no woman over IS "to be holden by law to 
 
 any person as :i servant " unless bound by their own consent 
 
 arriv* at such age, or bound by law for the payment of 
 
 Bni . costs., or the like. (Vt. I 1.)
 
 Index Digest 815 
 
 LABOR {Cont'd) 
 Children 
 
 Legislature to enact suitable laws for regulation of employment of 
 
 children. (N.M. XX 10.) 
 Legislature may regulate conditions of employment. (Mich. V 29.) 
 Hours of labor, See beloic, this title, limns. 
 Minimum wage, Sec belou\ this title, Minimum \\ A.GE. 
 Girls not to be employed underground in operation of mines. (Okla. 
 
 XXIII 4.) 
 
 No girl of any age to be employed or permitted to be employed in <>r 
 
 about any coal, iron or any other dangerous mine for purpose of 
 
 employment therein. Not applicable to employment of girl of 
 
 suitable age in office or in performance of clerical work at such 
 
 mine or colliery. (Wyo. IX 3, 4.) 
 Labor of children under 12 years prohibited in mines, factories and 
 
 workshops. (N.D. XVII 209.) 
 Legislature to prohibit employment in mines of children under 12. 
 
 (Colo. XVI 2.) 
 No child under 14 to be employed in gainful occupation during 
 
 hours in which public schools in session. (Ariz. XVIII 2.) 
 No child under 14 shall be employed in mines. (N.M. XVII 2.) 
 Employment of children under 14 in underground mines prohibited. 
 
 (Ida. XIII 4.) 
 Legislature to prohibit employment of children under 14 in under- 
 ground mines. (Utah XVI 3.) 
 No boy under 14 to be employed or permitted to be employed in or 
 about ,any coal, iron or any other dangerous mine for purpose of 
 employment therein. Not applicable to employment of boy of 
 suitable age in office or in performance of clerical work at such 
 mine or colliery. (Wyo. IX 3, 4.) 
 Employment of children under age of 15 in occupation injurious to 
 health or morals, or especially hazardous to life or limb pro- 
 hibited. (Okla, XXIII 3.) 
 No child under 16 to be employed underground in mines, or in occu- 
 pation injurious to health or morals or hazardous to life or limb: 
 nor in occupation at night. (Ariz. XVIII 2.) 
 Unlawful to employ children under 16 in underground mines. 
 
 (Mont. XVITT 3.) 
 Boys under 16 not to be employed underground in operation <>f mines. 
 
 (Okla. XXIII 3.) 
 
 Coolie Labor 
 
 Asiatic coolieism is form of human slavery and is forever prohibited; 
 
 contracts for to be void. Importation of such labor by companies 
 
 and corporations, domestic or foreign, to be subject to penalties 
 
 prescribed by legislature. (Cal. XIX 4.) 
 Kmployer's Liability 
 
 See also Personal Injuries. 
 
 See also Injuries. 
 
 Workmen's compensation, See Workmen's Compensation. 
 
 Contract or agreement with employee waiving right to recover 
 
 damages for death or injury to be void. (Wyo. X 4.)
 
 State Con stitutk > ,\ a 
 
 LABOR I '•/) 
 
 t'fi l.iwiii.nv (Cont'd) 
 
 Unlawful to require of servants or employees as condition of employ- 
 ment or otherwise contract or agreement of release or discharge 
 from liability for personal injuries received in service of em- 
 ployer by reason of negligence of employer or agents or employees, 
 and such contracts to be void. (Ariz. XVIII 3; Colo. XV 15; 
 Mont. XV K>; Wyo. XIX Labor Contracts.) 
 
 Legislature to enact employer's liability law whereby employer to 
 be liable for death or injury caused by accident due to condition 
 of occupation of employee in hazardous occupations, in mining, 
 smelting, manufacturing, railroad or street railway transporta- 
 tion, or any other industry, except where death or injury caused 
 by negligence of killed or injured employee. (Ariz. XVIII 7.) 
 
 Fellow-servant rule abrogated so far as it affects liability of master 
 for injuries to bis servant, resulting from acts or omission of 
 any other servant or servants. (Ariz. XVIII 4.) 
 
 Fellow -servant doctrine abrogated as to employees of railroads, 
 street railway or interurban railway companies and persons en- 
 gaged in mining, and legislature may extend this provision to 
 
 any other employees. (Okla. IX 36.) 
 
 1(1 low -.servant rule and assumption of risk rule abolished in part 
 as to railroad employees engaged in certain classes of work. Con- 
 tract or agreement by employee to waive this provision to be 
 void. Legislature may enlarge such rights and remedies of such 
 employees, or extend such rights and remedies to or otherwise 
 enlarge present rights and remedies of any class of employees of 
 railroads or of employees of any person, firm or 'corporation. (Va. 
 
 XII 162.) 
 
 Railroad liable for injury or death of employee resulting from negli- 
 gence of railroad or officers, agents or employees, or by reason of 
 defect or insufficiency, due to negligence in cars, engines, ap- 
 pliances, machinery, track, roadbed, works or other equipment. 
 Action for death may be maintained by executor or administrator 
 for benefit of employee's surviving widow or husband and chil- 
 dren, or if none, his parents, or if none, then next of kin de- 
 pendent upon decedent. Amount recovered distributed as provided 
 by law. Contract or agreement in advance of injury waiving 
 or limiting the right to recover damages to be void. This pro- 
 vision not to affect federal employers' liability act. (N.M. 
 
 XX 16.) 
 
 Where death ensues from injury to employee of railroad corpora- 
 tion legal or personal representatives to have same right and 
 remedies as are allowed by law to representatives of other persons 
 not employees. Contract or agreement, express or implied, by em- 
 ployee t,, waive benefit of this provision, to be void. Provision 
 lot to hi- construed to deprive employee of a corporation or his 
 jal representatives of right or remedy that he now has by law 
 the land. Legislature may extend remedy provided for to any 
 other dass of employees, (Miss. VII 193; S.C. IX 15.)
 
 I m>i;x I)k;kst 817 
 
 LABOR (Cont'd) 
 
 Employer's Liability (Cont'd) 
 
 Employee of railroad corporation to have same rights and remedies 
 for injuries suffered by him from act or omission of corporation 
 or its employees, as allowed by law to persons n<»t employees, 
 where injuries result from negligence of superior agent or officer 
 or person having right to control or direct services of injured 
 party, or where injuries result from negligence of fellow-servanf 
 engaged in other department of labor, or of a fellow-servant on an- 
 other train of cars, or one engaged about different piece of worlc. 
 Contract or agreement, express or implied, by employee to waive 
 benefit of this provision, to be void. Provision not to be construed 
 to deprive employee of a corporation or his legal representatives 
 of right or remedy that he now has by law of the land. Legis- 
 lature may extend remedy provided for to any other class of 
 employees. (Miss. VII 193; S.C. IX 15.) 
 
 Knowledge by injured employee of railroad corporation of defective or 
 unsafe character of machinery, ways or appliances not to be defense 
 to action except as to conductors or engineers in charge of dangerous 
 or unsafe ears or engines voluntarily operated by them. Contract 
 or agreement, express or implied, to waive benefit of this provi- 
 sion, to be void. Provision not to be construed to deprive em- 
 ployee of a corporation or his legal representative of right or 
 remedy that he now has by law of the land. Legislature, may 
 extend remedy provided for to any other class of employees. 
 
 (Miss. VEl 193; S.C. IX 15.) 
 
 For injury to person or property caused by wilful failure to comply 
 with constitutional provision (relating to mines and mining) or 
 law passed in pursuance thereof, injured party shall have right of 
 action for damage sustained. (Wyo. IX 4.) 
 General Declarations 
 
 Freedom to obtain employment, See above, this title, Blacklisting. 
 
 Rights of labor to have just protection through laws calculated to 
 promote the industrial welfare of the state. (Utah XVI 1.) 
 
 Rights of labor to have just protection through laws calculated to 
 secure to laborer proper rewards for service and to promote in- 
 dustrial welfare of state. (Wyo. I 22.) 
 
 Legislature to prohibit political and commercial control of em- 
 ployees. (Utah XVI 3.) 
 
 Legislature to provide for protection of employees of corporations 
 doing business in state from interference with their social, civil 
 and political rights by such corporations, their agents or employees. 
 
 (Miss. VII Ml.) 
 
 Private, local or special law regulating labor prohibited. ( Ky. 59; 
 La. 48; Mo. IV 53; Pa. Ill 7; Tex. Ill 56; Va. [V 63.) 
 Health and Safety 
 
 On public work, See below, this title, Ptjblic Work. 
 
 Nothing in constitution to be construed to limit power of the legis- 
 lature to enact laws for protection of lives, health or safety of 
 
 employees. ( X.V. I 19.)
 
 vjs Si mi: ( Institutions 
 
 LABOR ' 
 
 lit \i hi am. Safety (Cont'd) 
 
 ialature may provide for comfort, health, safety and general wel- 
 fare of employees; no provision of constitution to be construed 
 limitation on power of legislature to confer upon a cornmis- 
 •: power to carrj out provisions of this section. (Cal. XX 17*4 
 
 (1014).) 
 
 Comfort, health, safety and general welfare of all employees may be 
 
 provided for by law; nothing in constitution to impair or limit 
 
 this power. (Ohio II 34.) 
 
 Legislature to provide for protection of persons working in mines, 
 
 factories and other employments dangerous to life and deleterious 
 
 to health. (Wash. II 35.) 
 Legislature to provide for health and safety of employees in factories, 
 
 mines and railroads. (Okla. XXIII 5.) 
 Legislature to require such appliances and means to be provided 
 and used as may be necessary to secure, as far as possible, the 
 lives, health and safety of persons employed in mining and of 
 persons traveling on railroads and by other public conveyances. 
 
 (Ark. XIX 18.) 
 Legislature to provide for health and safety of employees in factories, 
 
 smelters and mines. (Utah XVI 6.) 
 
 Legislature at first session to enact laws regulating operation and 
 
 equipment of mines so as to provide for health and safety of 
 
 workers. (Ariz. XIX.) 
 Legislature to provide, for proper ventilation of mines, construction 
 of escapement shafts, and other appliances necessary for health 
 and safety of workmen. (Colo. XVI 2.) 
 Legislature t<> provide for health and safety of employees in fac- 
 tories, smelters, mines and ore reduction works. (Ida. XIII 2.) 
 Legislature to pass necessary laws for protection of operative miners 
 by providing for ventilation when required and construction of 
 apement shafts Or such other appliances as may secure safety 
 
 in coal mines. (111. IV 29.) 
 
 Legislature to enact laws requiring proper ventilation, constructing 
 
 and maintenance of escapement shafts or slopes, and adoption and 
 
 use of appliances necessary to protect health and secure safety 
 
 of employees. (X.M. XVII 2.) 
 
 islature to provide for proper development, ventilation, drain- 
 
 age and operation of mines. (Wyo. IX 2.) 
 
 Corporation commission may make and enforce reasonable rules, 
 
 regulations and orders for convenience, comfort and safety, and 
 
 I 1 ""' rvation and health of employees of public service corporations. 
 
 (Ariz. XV 3.) 
 
 II"! 
 
 On public work, See below, this title, Public Work. 
 
 1 iployees, may be fixed and regulated by law; nothing in 
 constitution to impair or limit this power. (Ohio II 34.) 
 
 n and children, legislature may regulate. (Mich. V 29.) 
 child under 16 to 1^ employed for more than eight hours a 
 
 day. (Ariz. XVIII 2.)
 
 Index Digest 819 
 
 LABOR (Cont'd) 
 Hours (Cont'd) 
 
 Legislature to provide for period of employment not to exceed eight 
 hours in any 24 (except in cases of emergency where life or 
 property is in imminent danger) for persons employed in under- 
 ground mines or workings, blast furnaces, smelters, ore reduction 
 works or other branch of industry or labor that legislature may 
 consider injurious or dangerous to health, life or limb. (Colo. 
 
 V 25a.) 
 Eight hours to constitute a day's work in mills and smelters for 
 treatment of ores and in underground mines. (Mont. XVIII 4.) 
 Except in . emergencies eight hours to constitute day's work under- 
 ground in mines. (Okla. XXIII 4.) 
 Eight hours' actual work to constitute a lawful day's work in all 
 
 mines. (Wyo. XIX 1.) 
 Importation of Armed Men, See Police. 
 Liens 
 
 For current wages, See below, this title, Wages. 
 Exemptions from forced sale not. to apply to, See Exemptions from 
 
 Forced Sale. 
 Mechanics, artisans, and laborers to have lien on property on which 
 
 they have bestowed labor for value of labor. (Cal. XX 15.) 
 Legislature to provide for giving to mechanics and laborers adequate 
 lien on the subject matter of labor. (Fla. XVI 22; Ida. XIII 6; 
 
 X.C. XIV 4.) 
 Legislature may secure for mechanics, artisans, laborers and sub- 
 contractors their just dues by direct lien upon property upon 
 which they T have bestowed labor; no provision in constitution to 
 impair or limit this power. (Ohio II 33.) 
 Mechanics and artisans to have lien upon buildings and articles 
 made or repaired for value of labor. (Tex. XVI 37.) 
 On Married Women's Property, See Women. 
 Minimum Wage 
 
 May be fixed by law; nothing in constitution to impair or limit this 
 
 power. (Ohio II 34.) 
 Legislature may provide for minimum wage for women and minors; 
 no provision of constitution to be construed as limitation on 
 power of legislature to confer upon a commission power to carry 
 out provisions of this section. (Cal. XX lTVs (1014).) 
 Legislature to provide for minimum wage for children employed in 
 places dangerous to life and health, or injurious to morals. ( Ky. 
 • ft ' 243.) 
 
 Protection of Employees, See above, this titl<\ Health and Safety. 
 Public Work 
 In General 
 
 Protection for current wages. See below, this title, Wages. 
 
 Legislature may regulate and fix wages or salaries, hours of 
 
 work or labor, and make provision for protection, welfare and 
 
 safety, of employees of stale or civil division, or of contractor 
 
 or subcontractor performing work, labor or service therefor. 
 
 (N.Y. XII 1.)
 
 State ('(institutions 
 
 LABOR ' t'd) 
 
 Public Wobk {Cont'd) 
 
 Aliens 
 
 ]'.]>. in not citizen or ward of United States, or who has not 
 declared intention to become citizen, not to be employed on or 
 in connection with any state, county or municipal "works or 
 employment "; but this not to prevent working of prisoners 
 by state or municipality on street or road works or other 
 
 public works. (Ariz. XVIII 10.) 
 
 No Chinese shall be employed on any state, county, municipal, 
 or oth^r public work, except in punishment for crime. (Cal. 
 
 XIX 3.) 
 
 Person not citizen of United States or who has not declared his 
 intention to become such not to be employed on or in connec- 
 tion with any state or municipal works. (Ida. XIII 5.) 
 
 Person not citizen of United States or who has not declared his 
 intention to become citizen not to be employed upon or in 
 connection with state, county or municipal work, or employ- 
 ment. (Wyo. XIX Labor on Public Works 1, 2.) 
 
 Convict Labor, See Convict Labor. 
 Hours 
 
 EigW boms to constitute lawful day's work in employment by 
 or on behalf of state or any political subdivision. (Ariz. 
 
 XVIII 1.) 
 Time of service of laborers', workmen or mechanics employed upon 
 public works of state or of political subdivision, whether by 
 contract or otherwise, limited to eight Jiours in any calendar 
 day, except in cases of extraordinary emergency caused by fire, 
 flood or danger to life and property or except to work upon 
 public, military or naval works or defenses in time of war; 
 legislature to provide that stipulation to this effect shall be 
 inserted in all contracts for public works. (Cal. XX 17.) 
 No1 more than eight hours' actual work to constitute a lawful 
 day's work on all state and municipal works v (Ida. XIII 2.) 
 Eight hours to constitute a day's work on all works or under- 
 takings carried on or aided by any municipal, county or state 
 government and on all contracts let by them. (Mont. XVIII 
 
 L) 
 Eight hours in constitute a day's work in all cases of employ- 
 ment by and on behalf of state or any county or municipality. 
 
 (N.M. XX 19.) 
 'it hours to constitute day's work in employments by and on 
 behalf of stale or county or municipality. (Okla. XXIII 1.) 
 On public work carried on or aided by state or political sub- 
 division by contract or otherwise, not to exceed eight hours 
 to constitute a day's work and not to exceed 48 hours 
 to constitute a wick's work, except in cases of extraordinary 
 
 emergency. (Ohio II 37.)
 
 Index Driest* 821 
 
 LABOR (Cont'd) 
 
 Public Work (Cont'd) 
 Hours (Cont'd) 
 
 Eight hours to constitute a day's work on works or undertak- 
 ings carried on of aided by slate, county or municipal govern- 
 ment. (Utah XVI G.) 
 Eight hours' actual work to constitute a lawful day's work mi all 
 state and municipal works. (Wyo. XIX Concerning Labor 1.) 
 
 Safety, See above, this title. Health and Safety. 
 Votino, Time Allowed fob 
 
 Legislature to provide by law that employers shall allow employees. 
 
 under reasonable regulations, at least four hours on election days 
 
 in which to vote. (Ky. 14S.) 
 
 Wages 
 
 Minimum wage, See above, this title, Minimum Wage. 
 
 On public work, See above, this title, Public Work. 
 
 Wage-earners in state employed in factories, mines, workshops, or 
 by corporations, to be paid in lawful money. (Ky. 244.) 
 
 No law to be passed fixing price of manual labor. (La. 51.) 
 
 Current wages not subject to garnishment. (Tex. XVI 28.) 
 
 Legislature at first session to protect laborers on public buildings, 
 streets, roads, railroads, canals and other similar public works 
 against failure of contractors or subcontractors to pay r their cur- 
 rent wages when due, and to make corporation, company or 
 individual for whose benefit work done, responsible for ultimate 
 
 payment. (Tex. XVI 35.) 
 
 Legislature to pass law to protect laborers on buildings, streets, 
 roads, railroads, canals and other similar works against failure 
 of contractors and subcontractors to pay current wages when due. 
 and to make corporation, company or individual for whose benefit 
 the work is done responsible for their payment. (La. 1S5.) 
 
 Women 
 
 As to girls, See above, this title, Children. 
 
 Legislature may regulate hours and conditions of employment. 
 
 (Mich. V 20.) 
 Legislature may provide for minimum wage for women. (Cal. XX 
 
 17U (1914).) 
 Women not to be employed underground in operation of mines. 
 
 (Okla. XXIII 4.) 
 Legislature to prohibit emplovment of women in underground mines. 
 
 (Utah XVI 3.) 
 No woman to be employed or permitted to be employed in or about 
 any coal, iron, or other dangerous mine for purpose of employ- 
 ment therein. Not applicable to employment of women in office 
 or in performance of clerical work at mine or colliery. (Wyo. 
 
 IX 3.) 
 LAKES, Sec Waters. 
 
 LAW OF LAND, See Life, Liberty and Property.
 
 State Constitutors 
 
 LAWS 
 A 
 
 | [aw subjed to amendment. (Va. IV 64.) 
 aodment of criminal statute not to affect prosecution of punish- 
 : ,i of any crime committed before amendment. (Fla. Ill 32.) 
 [ution i" have effect of altering or extending any law. (Mo. 
 
 V 14.) 
 No section of code to be amended by mere reference to number or 
 
 tion; amending act to describe distinctly law amended as well 
 as alteration to be made. (Ga. Ill Sec. VII 17.) 
 
 Method, >■■ Legislative Pbqcedtjpe — Form or Bills. 
 
 For prohibition of amendment of general law so as to serve purpose 
 of private, local or special law, See Special or Local Laws. 
 
 DEFEi CS and Omissions in 
 
 Reports by judge of supreme court of defects in constitution or laws 
 to be transmitted by governor to legislature with bis message. 
 
 (Nebr. V 22.) 
 To b_e reported by judges of supreme court to governor before Decem- 
 ber 1st of each year; governor to transmit report to legislature 
 
 with message. (Ida. V 25.) 
 
 May be reported at any time by district judges to supreme court; 
 
 Bupreme court to report any defects and omissions to governor 
 
 on or before December 1st of each year. (Tex. VIII 22.) 
 
 To l»e reported by judges of inferior courts of record, on or before 
 
 June 1st of each year, to supreme court; judges of supreme court 
 
 to report to governor with appropriate bills to remedy on or 
 
 before January 1st of each year. (111. VI 31.) 
 
 To be reported in writing, with appropriate bills to remedy, by 
 
 judges of inferior courts of record to supreme court on or before 
 
 July 1st; supreme court to report to governor on or before 
 
 December 1st, which report to be transmitted to legislature with 
 
 governor's message. (Colo. VI 27.) 
 
 \Ia\ be reported at any time by judges of inferior courts to supreme 
 
 court ; to be reported in writing by r judges of supreme court to 
 
 governor before December 1st of each year. (Utah VIII 22.) 
 
 I be reported by superior court judges to supreme court on or 
 
 before November 1st of each year; to be reported by supreme 
 
 ri judges to governor on or before January 1st of each year. 
 
 (Wash. IV 25.) 
 
 Judges of < ii <-uii court to report to attorney-general at least 30 
 
 days before each session of legislature such defects as brought to 
 
 (heir attention and to suggest such amendments or additional 
 
 legislation as necessary; attorney-general to report to legislature 
 
 each aession BUCh legislation as he deems advisable. (Fla. 
 
 V 13.) 
 1) "' 1 - 1 op, 8e* below, this title, Revision and Digest. 
 
 i mi vi. Pboi edure, See " Legislative Procedure", and "Initiative 
 
 and Referendum ".
 
 Txdf.x Digest 823 
 
 LAWS (Cont'd) 
 
 Enforcing Constitution 
 
 Legislature to pass such laws as necessary. (Ala. X\ II 282; Ariz. 
 XXII 21 ; Del. Shed. 10; Ida. XXI 15; III. Sehed, 19; [owa 
 XII 1; Mo. Sehed. 1.1; Nebr. XVI 20; X..I. \ 12; X.M. XXII 21; 
 X.D. II 68; Okla. V 45; Pa. Sehed. :!]•. K.I. |\' 1; Va. Sehed. 20; 
 
 Wyo. XXI 14.) 
 
 Legislature to have power to pass all laws necessary and proper 
 
 for carrying into execution powers vested by constitution. ( \|,1. 
 
 Ill 56.) 
 
 Equal Protection^ of 
 
 No person to be denied equal protection of laws. (N*.M. II IS- 
 
 S.C. T 5.) 
 Execution of, See Executive Power. 
 
 Existing to Remain in Force 
 
 Until amended or repealed, except such as are inconsistent with 
 
 constitution. (Ala. Sehed. 1; Ark. Sehed. 1; Cal. XXII 1; Ky. 
 
 Sehed. 1; Mass Pt. II Ch. VI 6; Mo. Sehed. 1; Ohio Sehed. 1912; 
 
 Ore. XVIII 7.) 
 Until expiring by own limitation altered or repealed, except such as 
 
 are inconsistent with constitution. (Ariz. XXII 2; Conn. X 3; 
 
 Fla. XV1JI 2; Ida. XXI 2; Iowa XII 2; Kan. Sehed. 4; Me. X 1; 
 
 Minn. Sehed. 2; Miss. Sehed. 274; Xev. XVII 2; X.M. XXII 4; 
 
 N.D. Sehed. 2; S.C. XVII 10, 11; Tenn. XI 1; Utah XXIV 2; 
 
 Va. Sehed. 1; Wash. XXVII 2; Wyo. XXI 3.) 
 Laws of state, not repugnant to constitution of state or Constitution 
 
 and laws of United States, until lawfully altered. (X.C. IV 19.) 
 Existing laws, not inconsistent with constitution, to remain in force 
 
 except as altered by future laws. (Del. Sehed. IS.) 
 Laws, not repugnant to constitution, and not locally inapplicable, 
 
 in force at time of admission of state, to remain in force until 
 
 they expire or are altered or repealed. (Okla. Sehed II.) 
 All laws in force not repugnant to Constitution of United States 
 
 and constitution of state to remain in force until they expire or 
 
 are altered or repealed. (Mont. XX 1; Tex. XVI 48.) 
 Laws in force at time of adoption constitution not inconsistent 
 
 therewith, and constitutional when enacted, to remain in full force 
 
 and effect until altered or repealed by legislature or until they 
 
 expire. (La. 32(5.) 
 Laws now in force not inconsistent with constitution, and ordinances 
 
 of constitutional convention, to remain in force till modified or 
 
 repealed by legislature, to be subordinate to United States and 
 
 state constitutions. (Oa. XII Sec. I 3, 4.) 
 All laws heretofore adopted, used and approved in colony or state. 
 
 and usually practiced on in courts of law. to remain and he in 
 
 full force until altered and repealed, such parts thereof only 
 
 accepted as are repugnant to constitution. (X.I I. Pt. II S!». ) 
 All laws already in force, not repugnant to constitution, to remain 
 
 in force until they expire by their own limitation, or altered or
 
 Si All ( loNSTITtTTtONS 
 
 LAWS Cont'd) 
 
 in in For( E i Cont'd) 
 repealed by legislature. Common law in force not repugnant to 
 BBtitution to remain until alt. to) or suspended by legislature. 
 
 (Wis. XIV 2, 13.) 
 Common Law and statute laws, not repugnant to constitution, to 
 remain in force until expiring by own limitation or altered or 
 repealed l>y legislature. (Mich. Sched. 1; X.J. X 1.) 
 i ommon law and acts of legislature of colony and of state not repug- 
 nant to constitution, to continue to be law, subject to alteration 
 
 by legislature. (N.Y. I 16.) 
 Common law and acts of legislature not repugnant to constitution 
 to continue in force until altered or repealed by legislature. 
 
 (W.Va. VIII 21.) 
 All law. common and statutory, if not inconsistent with constitution.. 
 
 (111. Sched. 1- Nebr. XVI 1; Pa. Sched 1, 2.) 
 Mai nits, public and private, not repugnant to constitution, to con- 
 tinue in force until expiring by own limitation or are repealed. 
 
 (R.I. XIV 1.) 
 In force in Virginia, .Time 1, 1792, of a general nature not local 
 to that state and not. repugnant to this constitution or to laws 
 enacted by legislature of this commonwealth to be in force till 
 altered or repealed by legislature. (Ky. 2.33.) 
 Local and private acts for benefit of counties, cities, towns, cor- 
 porations and private persons, not inconsistent with supreme law 
 or with constitution, which have not expired or been repealed, to 
 remain in force, subject to judicial decision as to validity when 
 passed, and to limitations imposed by their own terms. (Ga. XII 
 
 Sec. I 4.) 
 
 All laws and ordinances now in force applicable to city of Ualtimore, 
 
 not inconsistent with constitution, to be continued until changed 
 
 in due course of law. (Md. XI 8.) 
 Laws relative to present judicial system of state to be applicable 
 to judicial system created by constitution until changed by legis- 
 lature. (Cal. XXII 11.) 
 Laws exempting property from sale on execution or by decree of 
 court, which were in force at time of adoption of constitution of 
 IsiiS, to remain in force with regard to contracts made before that 
 
 time. (Ark. Sched. I.) 
 Ad of territory entitled "Act to Punish Polygamy and Other 
 Kindred Offenses", approved 18D2, so far as same defines penalties 
 for polygamy, declared to be in force in state. (Utah XXIV 2.) 
 -ions ,,f all laws inconsistent with constitution to cease upon 
 idoption thereof, except that all laws inconsistent with such pro- 
 ions of this constitution as require legislation to enforce them, 
 to remain in full force until duly 1, 1880, unless sooner altered 
 or repealed by legislature. (Cal. XXTI 1.) 
 Same J exc ep1 date duly 1, 1877. (Mo. Sched. I.) 
 
 cepl laws to remain in force until legislation is had, not 
 than six- years unless sooner amended or repealed. (Ky. 
 
 Sched. I.)
 
 Index Dickst 825 
 
 LAWS [Cont'd) 
 
 Ex Tost Facto, See Ex Post Facto Laws. 
 General Laws 
 
 Enactment Provided for 
 
 Legislature to pass general laws for eases in which special, 
 
 private or local laws prohibited. (Ala. IV 104.) 
 Same; such laws to be uniform in their operation. (Ind. IV 23; 
 Iowa III 30; Minn. IV 34; Nev. IV 21; S.C. Ill 34; Wis. 
 
 IV 32.) 
 Legislature to pass general laws in cases in which special and 
 local laws prohibited and in all cases where provision can be 
 so made. (Md. Ill 33; N.J. IV Sec. VII 11 ; N.Y. Ill IS; Va. 
 
 IV 64; W.Va. VI 39.) 
 Legislature to provide as far as practicable by general laws for 
 all matters usually appertaining *to special or private legis- 
 lation. (Me. IV Sec. Ill 13.) 
 Legislature to pass general laws under which local and private 
 
 interests provided for and protected. (Ala. IV 109.) 
 Prohibition on passage of local or special laws not to prohibit 
 legislature from enacting special provisions in general laws. 
 
 (S.C. Ill 34.) 
 
 Uniformity of Operation 
 
 All laws of general nature to have uniform operation. (Cal. I 
 11; Ga. I Sec. IV 1; Ind. IV 23; Iowa I 6, III 30; Kan. II 
 17; Minn. IV 34; Nev. IV 21; N.D. I 11; Ohio II 26; Okla. 
 
 V 59; Utah I 24; Wyo. I 34.) 
 
 Exemption from 
 
 Individual, private corporation, or association not to be exempted 
 from operation of any general law. (Ala. IV 108; Va. IV 64.) 
 Exempting individual, private corporation or association from 
 operations of general law by local, private or special law pro- 
 hibited. (Ala. IV 104.) 
 No special or local law to be enacted indirectly by exempting 
 from operation of general act in city or town, district or 
 
 county. (Ky. 60.) 
 No man or set of men ever to be exempted, relieved or discharged 
 by special law from performance of public duties or service 
 imposed by general law; exemptions to be made only by gen- 
 eral law. (Tex. XVI 43.) 
 No person to be exempted from civil duty by local, private or 
 special law. (Ala. IV 104; Miss. IV 90.) 
 Suspension, See leloio, this title, Suspension. 
 Impairing Obligations of Contracts, See Contracts. 
 Legislation by Reference, See Legislative Procedure — Form of Bills. 
 Local or Private Laws, See Special or Local Laws. 
 Public Laws, Statutes to Be 
 
 Unless otherwise declared in statute itself. (Del. II 23; Ind. IV 27: 
 
 Ore. IV 27; S.C. VI 4.)
 
 STAT] I loNSTEPUTIONS 
 
 LAWS 
 
 Bl [( Al ! 
 
 In General 
 
 ture to provide for. (Colo. Will 8.) 
 To be officially published* (Utah \'l 2.").) 
 
 iture to provide for publication of all additions and altera- 
 to code of taws, i Md. Ill 2!).) 
 Legislature to provide for speedy publication of all statute laws. 
 
 (Kan. II 19; Wis. VII 21.) 
 
 Lture to provide for speedy publication and distribution of 
 
 all laws enacted. I I 'la. XVI 6.) 
 
 All public acts to be printed and published immediately after 
 
 each adjournment or prorogation of legislature. (N.H. II 23.) 
 
 slature to provide for speedy publication of all statutes; to 
 
 ire.- for publication by any person. (N.Y. VI 21.) 
 
 To provide for speedy publication of all statute laws of general 
 
 nature; all laws to be free for publication by any person. 
 
 (Nev. XV 8.) 
 To be published in book form within 60 days after final ad- 
 journment of session at which passed and distributed as pre- 
 scribed by law; all laws to be free for publication by any per- 
 son. (Mich. IV 39.) 
 To be published in book form within 60 days after adjourn- 
 ment of each session and distributed among counties in such 
 manner as legislature may provide. (Xebr. Ill 24.) 
 Ever} law to be recorded in office of court of appeals and in due 
 time printed, published and certified under great seal in 
 
 several courts. (Md. Ill 30.) 
 Governor to lake care that laws are distributed. (Mo. V 6.) 
 \- prerequisite to hiking effect of act. See Legislative Procedure 
 
 — Time When Act Takes Effect. 
 Language 
 
 All laws of stale to be preserved ami published in English lan- 
 guage only. (111. Sched. 18.) 
 To be promulgated and preserved in English language. (Mich. 
 
 XVI 6.) 
 To be published and preserved in no other than English language. 
 
 (Cal. IV 24.) 
 
 lo be promulgated and preserved in the English language; but 
 
 legislature may provide for publication in French. (La. 165.) 
 
 Laws to be published in both English and Spanish for first 20 
 
 ear- after constitution takes effect; thereafter publication to 
 
 ade as provided by legislature. (N.M. XX 12.) 
 
 Statement of Receipts and Expenditures to Be Attached 
 
 ;l1 '' statemeni of receipts and expenditures of public money 
 
 d to and published with laws passed at every 
 
 egular session of legislature. (Gal. IV 22; Fla, III 19; Ind. 
 
 ,; '"'•' HI 18; Ml. Ml 32; Mich. X 17; Nev. IV 19; Ore. 
 
 IX 5; Tenn. II 24.)
 
 Index Digest 82^ 
 
 LAWS (Cont'd) 
 
 Publication (Cont'd) 
 
 Statement of Receipts and Expenditures to Be Attached (Cont'd) 
 Accurate statement of receipts and expenditures of public money 
 to be published with laws of each regular session in manner 
 directed by law. (S.C. X S.) 
 Treasurer to publish in each volume of acts of legislature de- 
 tailed statements of receipts and expenditures, i Minn. IX 11.) 
 Constitution to Be Attached, Sec Constitution of State. 
 Repeal 
 
 For method, See Legislative Procedure — Form of Bills — Repeal 
 
 of Acts. 
 Not to affect any accrued right, or penalty incurred, or proceedings 
 
 begun by virtue of such repealed statute. (Okla. V f>4.) 
 No person to be exempt from prosecution and punishment for crime 
 or offense against any law by reason of its subsequent repeal. 
 
 (N.M. IV 33.) 
 Repeal of criminal statute not to affect prosecution or punishment of 
 
 crime committed before repeal. (Fla. Ill 32.) 
 Repeal of statute not to revive statute previously repealed by such 
 
 statute. (Okla. V 54.) 
 No resolution to have effect of repealing any law. I Mo. V 14.) 
 Any general law subject to repeal. (Va. IV 64.) 
 Retroactive Laws, See Retrospective Laws. 
 Revision and Digest 
 
 For revision by reference to title only, Sec Legislative Procedure — 
 
 Fohm of Rills. 
 For passage of bills revising laics or adopting code, Sec LEGISLATIVE 
 
 Procedure — Passage of Bills. 
 No general revision of laws to be made; legislature to provide for 
 compilation of laws, arranged without alteration under appropriate 
 heads and titles; to be prepared under direction of commissioner 
 appointed by governor who may recommend to legislature repeal 
 of obsolete laws and shall examine the compilations and certify 
 to correctness; when so certified compilation to be printed as pre- 
 scribed by law. (Mich. IV 40.) 
 Laws, civil and criminal, to be revised, digested, arranged, published 
 and promulgated at such times and in such manner as legislature 
 
 may direct. (Ark. XIX 17.) 
 Legislature to provide for revising, digesting, and promulgating 
 
 statutes of state every 10 years, (Okla. V 43.) 
 Legislature to provide for revision, digest and publication of laws 
 
 civil and criminal every 10 years. (Tex. Ill 43.) 
 Statute law of general nature, both civil and criminal, to be revised, 
 digested and promulgated every 10 years in such manner an 
 legislature may direct. (Mo. IV 41.) 
 Legislature to provide for appointment of commissioner to collect 
 and revise statute laws, to index and arrange statutes when passed, 
 and to codify the general statutes. Commissioner *to report to 
 legislature at end of every period of not more than 10 years; 
 report to be printed and copy given to each member but not to be
 
 State Constitutions 
 
 LAW- I'd) 
 
 \mi Digest [Cont'd) 
 
 I until inM session'^ Code to be declared, by act duly 
 to be only general statute law; but no alterations or ad- 
 dition- thereto to be made except by hill duly passed. (S.C. VI 5.) 
 hire t" provide for revising, digesting and promulgating 
 public statutes of general nature, both civil and criminal, every 
 
 12 years. (Ala. IV 85.) 
 Ki:\ [VAX 
 
 \tivi: Pbocedube — Form of Bills. 
 Adoption of constitution not to have effect or to be construed to 
 revive or put in force any law heretofore abrogated or repealed. 
 
 (Miss. Sched. 285.) 
 >w< riNAKY Laws, See Crimes — Punishment. 
 Special Laws, See Special or Local Laws. 
 
 St bject, to Contain One Only, ,S'cc Legislative Procedure — Form oh 
 
 Bills — One Subject Only. 
 
 H N-ION 
 
 For ausixnsinn of execution of laws, aS'cc Executive Power. 
 By What Authority 
 
 No ] lower of suspending to be exercised except by legislature. 
 
 (Ala. I 21; Ark. II 12; Ohio I 18; Tex. I 28.) 
 Power of suspending to be exercised only by legislature or by 
 its authority. (Ky. 15; La. 1GS; Me. I 13; Pa. I 12; S.D. VI 
 
 21.) 
 
 Power of suspending to be exercised only by legislature or by its 
 
 authority in particular cases expressly provided for by it. 
 
 (S.C. I 13.) 
 Power of suspending ought never to be exercised but by legisi- 
 lature or authority derived therefrom, to be exercised only 
 a- legislature expressly provides. (Mass. I 20; N.H. I 29.) 
 Power of suspending ought never to be exercised hut by legis- 
 lature or by authority derived from it, to be exercised in 
 such particular cases as constitution or legislature provides. 
 
 (Vt. I 15.) 
 No jiouer of suspending, unless by or derived from legislature, 
 
 ought to lie exercised or allowed. (Md. D.R. 9.) 
 Power of suspending not to be exercised but by authority of 
 
 legislature. (Del. I 10.) 
 Operation of laws not to be suspended except by authority of 
 
 legislature. (Ind. I 20; Ore. I 22.) 
 Power of suspending by any authority ought never to be exer- 
 cised without eonsent of representatives of people. (Va. I 7.) 
 suspending laws by any authority, without consent of 
 " ; itives of people, is injurious to their rights and 
 
 OUghl not to be exercised. (N.C. I 9.) 
 For Benefit of Individual 
 
 .egislature to have no power to suspend general law for benefit 
 
 , of individual. (Tenn. XI 8.) 
 
 Operation of general law not to be suspended for benefit of 
 
 individual, private corporation or association. (Ala. IV 108; 
 
 Miss. IV 87; Va. IV 64.)
 
 Index Digest 820 
 
 /LAWS (Cont'd) 
 
 Taking Effect of 
 
 Time, See "Legislative Procedure -*■ Time When A. t Takes 
 Effect "; "Legislative Procedure — Emer6enct Measures". 
 Upon What Authority Depending 
 
 No law, except in specified cases, to be enacted to take effect 
 upon approval of any other authority than legislature. 
 
 (Ky. GO.) 
 
 No law, except as such aa relates to public schools, to be passed 
 
 to take effect upon approval of any other authority than 
 
 legislature, except as otherwise provided in constitution. 
 
 (Ohio II 2G.) 
 
 No law to be passed, taking effect of which made to depend 
 
 upon any authority except as provided in constitution. (Ind. 
 
 I 2.").) 
 
 Same; but laws locating capital of state, locating county seats, 
 
 and submitting town and corporate acts, and other local and 
 
 special laws, may take effect on vote of electors interested. 
 
 (Ore. I 21.) 
 Local laws for inspection of cattle, stock and hides and for regu- 
 lation of brands to be submitted to freeholders of section 
 affected and approved by them before going into effect. (Tex. 
 
 XVI 23.) 
 
 Local or special act not to take effect until approved by majority 
 
 of electors voting thereon in district to be affected. (Mich. 
 
 V 30.) 
 As to ratification of banking law by people, See Banks — Laws. 
 Title, See Legislative Procedure — Title. 
 Uncon stitution ality 
 
 See Constitution of United States. 
 
 See Constitution of State — Unconstitutionality of Laws. 
 
 LEGISLATIVE PROCEDURE 
 
 Acts to Contain One Subject Only, See below, this title, Form of 
 
 Bills. 
 Amendment of Acts 
 
 For method of amendment, See below, this title, Form of Bills. 
 Initiative and Referendum, See Initiative and Referendum. 
 Joint Resolutions, See below, this title, Joint Resolutions. 
 Legislation by Reference, See below, this title, Form of Bills. 
 Local Laws, See Special or Local Laws. 
 Orders, See below, this title, Joint Resolutions. 
 Private Laws, See Special or Local Laws. 
 Repeal of Acts 
 
 For the method of repeal, See below, this title, Form OF BILLS. 
 Revival of Acts, See below, this title, Form of Hills. 
 Revision of Acts 
 
 For the method of revision. See below, this title, Form of Hills. 
 Special Laws, See Special or Local Laws. 
 Impeachment, See Impeachment.
 
 State Constitutions 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 i OF Laws 
 
 Enacted by bill only. (Ala. IV 61; Ark. V 21; Cal. IV 15; 
 
 \ 17; Ida. Ill 15; Ind. LV 1; Kan. II 20; Mich. V 19; Miss. 
 
 IV 60; Mont. V 19; Mo. IV 25; Nebr. Ill 10; Nev. IV 23; N.M. IV 
 
 15- .\ V HI 14; Pa. Ill 1; Tex. Ill 30; Va. IV 50; Wash. II 18; 
 
 Wis. IV 17; Wyo. Ill 20.) 
 All laws to be passed by original bill. (Md. Ill 29.) 
 No law t" be passed except by bill adopted by both houses. (N.D. 
 
 II 5S.) 
 incurrence of both houses necessary in. (K.I. IV 2.) 
 
 ORl'.IN OF I'M! s 
 
 In General 
 
 May originate in either house. (Cal. IV 17; Fla. Ill 14; Ida. 
 HI 14; 111. IV 12; Ind. IV 17; Iowa III 15; Kan. II 12; 
 Md. Ill 27; Mich. V 19; Miss. IV 59; Mo. IV 26; Nebr. 
 HI 9; Nev. IV 1(3; X.M. IV 15; N.Y. Ill 13; N.D. II 57; Ohio 
 II 15; n,e. IV IS; S.C. Ill 15; S.D. Ill 20; Tenn. II 17; 
 Tex. Ill .".1: Wash. II 20; W.Va. VI 2S; Wis. IV 19.) 
 Bills, orders or resolutions may originate in either house. (Me. 
 
 IV Pt. Ill 9.) 
 Appropriating Money 
 
 To originate only in lower house. (Nebr. Ill 9.) 
 
 In lower house, but senate may propose or concur in amendments 
 
 as on other bills. (Ga. Ill Sec. VII 10.) 
 For Raising Revenue 
 
 To originate in lower house. (Ida. Ill 14; Ind. IV 17; Ore. 
 
 IV 18.) 
 To originate in lower house, but may be altered, amended or 
 
 rejected by senate. (S.C. Ill 15; Tex. Ill 33.) 
 To originate in lower house, but senate may propose amendments. 
 
 (Ala. IV 70; (dlo. V 31; Del. VIII 2; Ga. Ill Sec. VII 10; 
 
 La. 37; Minn. IV 10; Mont. V 32; N.J. IV Sec. VI 1; Okla. V 
 
 33; Pa. Ill 14; Vt. II 6; Wyo. Ill 33.) 
 Same; no new matter to be introduced, under color of amend- 
 
 mI. which does not relate to raising revenue. (Ky. 47.) 
 
 All money bills to originate in lower house, hut senate may 
 
 propose or concur with amendments. (Mass. Pt. II Ch. 1 
 
 Sec. Ill 7; N.H. II 17.) 
 1 n raoDUi i iok of Bells 
 
 Action to Be Taken at Same Session 
 
 No Kill to he acted upon at any session unless introduced at such 
 
 session. (N.M. IV 19.) 
 Entering on Journal 
 
 Bills and joint resolutions to be described by title and number. 
 
 -. .. .. _. . (W.Va. VI 41.) 
 
 Limitation on Time of 
 
 No new hill to he introduced into either house during last three 
 days of session. (Ark. V 34; Miss. IV 07.) 
 
 No! to be introduced in either house 40 days after commence- 
 "" "' "' each Bession without consent of three-fourths of mem- 
 bers thereof. (Cal. IV 2.)
 
 Index Digest • 831 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Introdvctiox of Bills (Cont'd) 
 Limitation on Time of (Cont'd) 
 
 No bill to be passed unless presented, referred to committee, and 
 reported therefrom at least three days before final adjourn- 
 ment. (Tex. Ill :<7.) 
 Not to originate in either house during Last 10 days of session, 
 unless two-thirds of members elected thereto so determine l>\ 
 
 yeas and nays. ( Md. Ill 27.) 
 
 Not to be considered in either house unless introduced at least 
 
 10 days before final adjournment, unless legislature otherwise 
 
 direct by vote of two-thirds of all members by yeas and nays 
 
 and entered upon journal or unless same be at a special session. 
 
 (Wash. II .SO.) 
 No new bill to be introduced in either house, except on written 
 request of governor, during last 20 days of session, except 
 attention of legislature be called to important matter of gen- 
 eral interest by special message of governor. (Minn. IV I.) 
 After expiration of 20 days of session no bills, nor joint 
 resolutions of nature of bills, to be introduced unless governor 
 by special message calls attention to necessity of passing a 
 law on subject matter embraced in message; introduction of 
 bills to be restricted thereto, provided that general appropria- 
 tion bills may be introduced up to and including fortieth day. 
 
 (Nebr. Ill 4.) 
 No bill (except general appropriation bills for expenses of gov- 
 ernment'), introduced in either house after first 30 daw 
 in session, to become law. (Colo. V 10.) 
 No appropriation bill, except for expenses of government, to be 
 introduced within 10 days of close of session except by unani- 
 mous consent of house. (Mont. V 21.) 
 No bill for appropriation of money, except for expenses of gov- 
 ernment, to be introduced after fortieth day of session, except 
 by unanimous consent of house. ( X.I). II 60.) 
 No bill for appropriation of money, except for expenses of 
 government, to be introduced within live days of close of the 
 session, except by unanimous consent of the particular house. 
 
 (Wyo. IN 22.) 
 No bill for appropriation of money, except for current expenses 
 of government and no bill for the increase of compensation of 
 any office or for the creation of any lucrative office, to be 
 introduced after the tenth day prior to the expiration of sea 
 sion, except by unanimous consent of the particular house. 
 
 (X.M. IV 19.) 
 
 Rejected Bills 
 
 For introduction of rejected ordinances or resolutions, See below, 
 
 tli is title, Joint Resolutions. 
 If defeated by either house, no bill containing same substance 
 to be passed during same session. (Tenn. II 19; Tex. Ill .'54.)
 
 Si a no Constitutions 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 l.s rsoDUi noK of Bills I Cont'd) 
 Rejected Bills (Cont'd) 
 
 So bill, if rejected by cither house, to he again proposed in same 
 house during same session under same or any other title with- 
 out consent of majority of house by which rejected. (La. 38.) 
 No bill, if rejected in either house, to be again proposed during 
 same session under same or any other title without consent 
 of two-thirds of house by which rejected. (Ga. Ill Sec. VII 13.) 
 
 Enacting Cj u sb 
 
 Form 
 
 For measures under initiative and referendum, See Initiative 
 
 and Referendum. 
 Be it enacted by the state of. (Ariz. IV 24.) 
 Be it enacted by the people of the state of. (Nebr. Ill 10; Okla. 
 
 V 3; Ore. IV 1.) 
 The people of the state of enact. (Mich. V 20.) 
 
 The people of the state of do enact as follows. (Cal. 
 
 IV 1.) 
 
 Be it enacted by the legislature of. (Ala. IV 45; W.Va. VI 1.) 
 
 Be it enacted by the general assembly of. (Md. Ill 29.) 
 
 Be it enacted by the legislature of the state of. (Fla. Ill 15; 
 
 Ida. Ill 1; Kan. II 20; Minn. IV 13; Miss. IV 56; N.M. IV 
 
 l.V. S.D. Ill 18; Tex. Ill 29; Utah VI 22; Wash. II 18; 
 
 Wyo. Ill 21.) 
 
 Be it enacted by the general assembly of the state of. (Ark. 
 
 V 19; Colo. V 18; Ind. IV 1; Iowa III 1; La. 22; Mo. IV 
 
 24; Ohio II IS; S. C. Ill 16; Tenn. II 20.) 
 
 Be it enacted by the general assembly of the commonwealth of. 
 
 (Ky. 62.) 
 It is enacted by the general assembly as follows. (R.I. IV 2.) 
 The general assembly of do enact. (N.C. II 21.) 
 
 It is hereby enacted by the general assembly of the state of. 
 
 (Vt. II 10.) 
 Be it enacted by the legislative assembly of the state of. (Mont. 
 
 V 20; N.D. II 59.) 
 Be it enacted by the senate and general assembly of the state of. 
 
 (N.J. IV Sec. VII 5.) 
 Be it enacted by the senate and house of representatives in 
 
 legislature assembled. (Me. IV Pt. I 1.) 
 Be it enacted by senate and house of representatives in general 
 couii convened. (N.ll. II 91.) 
 
 he people of the state of , represented in senate and 
 
 Jembly, do enact as follows. (Nev. IV 23; N.Y. Ill 14; 
 
 Wis. IV 17.) 
 ii acted by the senate and house of representatives in 
 al court assembled, and by the authority of the same. 
 
 (Mass. Pt. II Ch. VI 8.) 
 enacted by the people of the state of , represented 
 
 in the genera] assembly. (III. IV 11.)
 
 Index Digest 833 
 
 LEGISLATIVE PROCEDURE {Cont'd) 
 Enacting Clause (Cont'd) 
 Need Not Be Repeated 
 
 But act may be divided into sections according to substance, and 
 section designated merely by figures. (Ala. IV 45.) 
 Form of Bills 
 
 Amendment of Acts 
 
 For the amendment of bills, See below, this title, AMENDMENT 
 
 of Bills. 
 Effect of, See Laws. 
 Amending Code 
 
 In amending article or section of code of laws, same to be 
 enacted as article or section would read when amended. 
 
 (Md. Ill 29.) 
 In General 
 
 No law to be amended unless new aci contain section or 
 sections amended; section or sections so amended to be 
 repealed. (Kan. \l 10; Nebr. HI 11; Ohio II 10.) 
 Not to be amended by providing that designated words be 
 stricken out or be inserted, or be stricken out and others 
 inserted in lieu thereof; but words to be stricken out, or 
 to be inserted, or to be stricken out and others to be in- 
 serted in lieu thereof, together with act or section to be 
 amended, to be set forth in full as amended. (Mo. IV 34.) 
 Act to recite in caption or otherwise title or substance of 
 
 law amended. (Tenn. II 17.) 
 By Reference to Title Only 
 Prohibited. (Md. Ill 29.) 
 
 Prohibited; section amended to be inserted at large. (Ariz. 
 IV 14; 111. IV 13; Miss. IV 61; N.J. IV Sec. VII 4; W.Va. 
 
 VI 30.) 
 Prohibited; so much as is amended to be re-enacted and 
 published at length. (Ala. IV 45; Ark. V 23; Colo. V 24; 
 La. 32; Okla. V 57; Pa. Ill 6; Tex. Ill 36; Va. IV 52.) 
 Prohibited; so much as is revised or amended to be re- 
 enacted and published at length. (Ida. Ill 18; Ky. 50; 
 Mont. V 25; N.M. IV IS; N.D. II 64; Wyo. Ill 26.) 
 Prohibited; act revised or section amended to be set forth 
 
 at full length. (Ore. IV 22; Wash. II 37.) 
 Prohibited; act as revised, or section as amended, to be 
 re-enacted and published at length. (Cal. IV 24; Fla. 
 Ill 16; Iiid. IV 21; Mich. IV 21; New IV 17; Utah 
 
 VI. 22.) 
 
 No law or section of code to be amended by mere reference 
 
 to title or to number or section of code; amending act to 
 
 describe distinctly law amended as well as alteration to be 
 
 made. (Ga. Ill See. VII 17.) 
 
 o~
 
 State Constitutions 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 m in Hills (Cont'd) 
 Arrangement 
 
 Everv public general law to be enacted in articles and sections in 
 
 :ne manner as code is arranged. (Md. Ill 29.) 
 Stj le of laws need not be repeated, but act may be divided into 
 sections according to substance, and sections designated merely 
 
 by figures. (Ala. IV 45.) 
 
 Enacting Clause, See above, this title, Enacting Clause. 
 General Laws, No Special Provisions in 
 
 Not to embrace any provision of private, special or local char 
 
 acter. (N.J. IV Sec. VII 4.) 
 
 Legislation by Reference 
 In General 
 
 Act or part of act incorporated or referred to as applicable, 
 to be inserted at length. (N.J. IV Sec. VII 4.) 
 
 Act or part of act incorporated or referred to as applicable, 
 to be inserted, except in case of bill, or amendments to 
 bill, reported to legislature by commissioners appointed 
 to revise statutes. (N.Y. Ill 17.) 
 
 Not to adopt any system or code of laws by general refer- 
 ence thereto, but to recite at length the several provisions 
 of the laws it may enact. (La. 33.) 
 
 By Reference to Title Only 
 
 Provision of law not to be thus extended; each section ex- 
 tended to be set out in full. (N.M. IV 18.) 
 
 Provisions of act not to be thus extended; so much as is 
 extended to be re-enacted and published at length. (Ark. 
 V 23; Mont. V 25; Wyo. Ill 26.) 
 
 Provisions of act not to be thus extended or conferred; so 
 much as is extended or conferred to be re-enacted and 
 published at length. (Ala. IV 45; Colo. V 24; Ky. 51; 
 
 Okla. V 57; Pa. Ill 6.) 
 
 Provisions of act not to be thus extended or incorporated; 
 but so much as is extended or incorporated to be re-enacted 
 and published at length. (N.D. II 64.) 
 
 One Subject Only 
 
 Foi the effect of a failure to express subject in title, See below, 
 
 this title, Title. 
 Bills making appropriations for pay of members and officers of 
 
 slatwre, See Appropriations — Contents of Bills. 
 'i' in ml I'ule 
 
 No bill embracing more than one subject to be passed. 
 
 (N.M. IV 16.) 
 
 Every law to embrace but one subject to be expressed in 
 
 title. (Cal. IV 24; Ky. 51; La. 31; Md. Ill 29; Mich. V 
 
 21; Minn. IV 27; N.J. IV Sec. VII 4; S.D. Ill 21; Va. 
 
 IV 52.)
 
 Index Uh.km 83; 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Form of Bills {Cont'd) 
 
 One Subject Only (Cont'd) 
 
 din nil It'uh: (Cont'd) 
 
 Each act to contain but one, subject to be clearly expressed 
 in title. (Ala. IV 45; 111. IV Hi; Nebr. Ill 11; Okla. 
 
 \ 57; W'Aa. VI 30.) 
 
 Each act to embrace but one subject and matters properly 
 
 connected therewith, which subject to be expressed in title. 
 
 (Ariz. IV 13; Ida. Ill 1(5; lnd. IV 19; Iowa HI 29; 
 
 Ore. 1\' -2.0.) 
 
 Each law to embrace but one subject and matters properly 
 connected therewith, which subject to be briefly expressed 
 in title. (Fla. Ill lti; Ney. IV 17.) 
 
 No bill to embrace , more than one subject, to be expressed 
 in title. (N.D. II 61; Tex. Ill 35; Wash. 11 19.) 
 
 No bill to contain more than one subject to be clearly ex- 
 pressed in title. (Kan. II 10; Mo. IV 28; Ohio II 16.) 
 
 No bill or joint resolution to embrace more than one sub- 
 ject, to be expressed in title. (Del. II 16.) 
 
 Every act or resolution having force of law to relate to but 
 one subject, and that to be expressed in title. (S.C. 
 
 Ill 17.) 
 
 No bill to be passed containing more titan one subject, to 
 be clearly expressed in title. (Colo. V 21; Mont. V 23; Pa. 
 Ill 3; Utah VI 23; Wyo. Ill 24.) 
 
 No bill to become law which embraces more than one sub- 
 ject, that subject to be expressed in title. (Tenn. II 17.) 
 
 No law or ordinance to pass which refers to more than one 
 subject matter or contains matter different from what is 
 expressed in title thereof. (Ca. Ill Sec. VII 8.) 
 
 No private or local bill to embrace more than one subject, 
 to be expressed in title. (N.Y. Ill 16; Wis. IV 18.) 
 
 Exceptions 
 
 Bills appropriating money for public purposes. (Del. II 16.) 
 
 General revenue bills. (Ala. IV 45; Okla. V 57.) 
 
 General appropriation bills. (Colo. V 21; Mont. V II; 
 
 N.M. IV 16; Okla. V 57; Pa. Ill 3; Utah VI 23; Wyo. 
 
 Ill 24.) 
 General appropriation bills, which may embrace the various 
 
 subjects and accounts for and on account of which money 
 
 appropriated. (Mo. IV 28; Tex. Ill 35.) 
 Bills adopting or revising laws. (Tex. Ill 43.) 
 Bills for codification and general revision of laws. (Mont. 
 
 V 23; N.M. IV 16; Utah VI 23; Wyo. ITI 24.) 
 Bills adopting code, digest or revision of statutes. (Ala. 
 
 IV 45; Okla. V 57.) 
 Certain specified tax bills. (Mo. IV 28.)
 
 Stati < Sowstitdtions 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Bills (Cont'd) 
 Phraseology 
 
 Every :U ' " r joint resolution to be plainly worded, avoiding 
 as far as practicable use of technical terms. (Ida. Ill 17; 
 
 Ind. IV 20; Ore. IV 21.) 
 
 Repeal of Acts 
 
 For the effect of repealing, See Laws. 
 
 ealing act to recite, in caption or otherwise, title or sub- 
 stance of law repealed. (Tenn. II 17.) 
 No law or section of code to be repealed by mere reference to 
 title and to number and section of code; repealing act to 
 describe distinctly law repealed. (Ga. Ill Sec. VII 17.) 
 
 Revision of Acts by Reference to Title Only 
 
 Prohibited; aci as revised to be re-enacted and published at- 
 length. (Gail-. IV 24 ; Fla. Ill 16; Ind. IV 21; Mich. IV 21; 
 
 Nev. IV 17; Utah VI 22.) 
 Prohibited; act revised to be set forth at full length. (Ore. IV 
 
 22; Wash. II 37.) 
 
 Prohibited; so much as is revised to be re-enacted and published 
 
 at length. (Ida. Ill 18; Ky. 51; Mont. V 25; N.M. IV 18; 
 
 X.D. II 64; Wyo. Ill 26.) 
 Revival of Acts 
 In General 
 
 Act to recite in caption or otherwise title or substance of 
 
 law revived. (Tenn. II 17.) 
 . No law to be revived unless new act contains entire act 
 revived. (Kan. II 16; Ohio II 16.) 
 
 General Revision of Laws 
 
 In adopting general revision of laws, civil and criminal, 
 prohibition against reviving by section or title is not 
 
 applicable. (Tex. Ill 43.) 
 By Reference to Title Only 
 
 No law nor section of law to be thus revived. (Md. Ill 29.) 
 Prohibited; law revived to be inserted at large. (111. IV 
 
 13; N.J. IV Sec. VII 4; W.Va. VI 30.) 
 Prohibited; so much as is revived to be re-enacted and pub- 
 lished at length. (Ala. IV 45; Ark. V 23; Colo. V 24; 
 La. 32; Miss. IV 61; Okla. V 57; Pa. Ill 6; Tex. Ill 36; 
 
 Va. IV 52.) 
 No act to be thus revived or re-enacted, but to be set forth 
 at length as if an original act. (Mo. IV 33.) 
 Title, See below, this title, Title. 
 Im 
 
 Approval of 
 
 Committee, to which bill referred, to express in writing its 
 judgmenl of sufficiency of title, whether recommendation 
 be thai bill pass or do not pass. (Miss. IV 71.)
 
 Index Digest 837 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Title (Cont'd) 
 
 Rights or Powers not Granted by 
 
 No law to be construed by reason of its title to grant powers or 
 confer rights not expressly contained in body of act. (Md. Ill 
 
 29.) 
 To Express Subject of Bill 
 General Rule 
 
 See also above, this title, Form of Bills — One Subject 
 
 Only. 
 Subject to be clearly expressed in. (N.M. TV 16.) 
 Every bill to have title which " ought to indicate clearly " 
 subject matter or matters of proposed legislation. (Miss. 
 
 IV 71.) 
 Exceptions 
 
 General appropriation bills, and for the codification and 
 
 general revision of laws. (Utah VI 23.) 
 General appropriation bills, general revenue bills, and bills 
 adopting a code, digest, or revision of statutes. (Ala. 
 
 Tw'i'J- t z» i IV 45; 01da - V 57 - ) 
 
 Violation of Rule 
 
 If subject embraced in act which is not expressed in title, 
 
 act to be void only as to so much thereof as is not 
 
 expressed in title. (Ariz. IV 13; Cal. IV 24; Colo. V 21; 
 
 Ida. Ill 16; 111. IV 13; Ind. IV 19; Iowa III 29; Mont. 
 
 V 23; N.M. IV 16; N.D. II 61; Okla. V 57; Ore. IV 20; 
 
 Tex. Ill 35; W.Va. VI 30; Wyo. Ill 24.) 
 
 Amendment of Bills 
 
 Amendment of Acts, See above, this title, Form op Bills. 
 
 Allowed by House Other Than House of Origin 
 
 House in which bill did not originate may amend or reject. 
 
 (Cal. IV 17; Ida. Ill 14; 111. IV 12; Ind. IV 17; Iowa 
 
 III 15; Kan. II 12; Me. IV Pt. Ill 9; Md. Ill 27; Miss. 
 
 IV 59; Mo. IV 26; Ohio II 15; Ore. IV 18; S.C. Ill 15; 
 Tenn. II 17; W.Va. VI 28.) 
 
 Bill to be approved or reviewed by house in which it did not 
 originate, or may be amended by either with concurrence of 
 
 other. (Va. IV 50.) 
 After passage in one house, bill may be amended in other. (Fla. 
 Ill 14; Nebr. Ill 9; Nev. IV 16; N.Y. Ill 10; N.D. II 57; 
 S.D. Ill 20; Tex. Ill 31; Wis. IV 19; Wash. II 20.) 
 Bills of Revenue, See above, this title, Origin of Bills. 
 Change of Original Purpose 
 
 No bill to be so altered or amended on passage through either 
 house as to change original purpose. (Ala. IV 61; Ark. V 
 21; Colo. V 17; Mich. V 22; Miss. IV 60; Mo. IV 25; Mont. 
 
 V 19; N.M. IV 15; N.D. II 58; Pa. Ill 1; Tex. Ill 30; Wyo. 
 
 Ill 20.) 
 No amendment to be allowed which changes scope or object of 
 
 bill. (Wash. II 38.)
 
 StaTi Constitutions 
 
 LEGISLATIVE PROCEDURE [Cont'd) 
 
 x . 3 I'onfd) 
 
 Affirmative Vote Required 
 
 ,rity oi hous Ala. IV 64.) 
 
 Entering Amendment and Vote on Journal 
 
 Amendment and names of those voting for and against to be 
 entered at length on journal of house in which same is 
 
 adopted. (Ala. IV 64.) 
 
 Concurrence in by Other House 
 
 Bill mav be amended by either house with concurrence of 
 
 other. (Va. IV 50.) 
 
 Manner of Voting 
 
 By yeas and nays. (Ala. IV 64; Colo. V 23; La. 40; Miss. 
 IV 62; Mo. IV 32; Pa. Ill 5; Va. IV 50; W.Va. VI 31.) 
 
 ■motive Vote Required 
 
 ■ rity of members. (La. 40; Miss. IV 62.) 
 Majority of members elected thereto. (Colo. V 23; Mo. IV 
 
 32; Pa. Ill 5.) 
 Majority of all members to which such house entitled. 
 
 (W.Va. VI 31.) 
 Majority of those voting, which must include at least two- 
 fifths of members elected. (Va. IV 50.) 
 
 Entering Vote on Journal 
 
 -lit to be entered. (W.Va. VI 31.) 
 Name- of those voting to be recorded. (Colo. V 23.) 
 Xames of members voting for and against to be recorded, 
 i Ala. IV 64; La. 40 ; Miss. IV 62; Mo. IV 32; Pa. Ill 5; 
 
 Va. IV 50.) 
 
 Printing of Amendments 
 
 For the printing of - below, th is title, Printing of Bills. 
 
 To be printed for use of members before final vote taken on bill. 
 
 (Pa. Ill 4.) 
 All substantial amendments to be printed for use of members 
 
 final vote taken on bill. (Colo. V 22.) 
 
 All amendments adopted by either house to bill pending and 
 
 originating in same, to be incorporated into bill by engross- 
 
 and bill as thus engrossed to be printed for use of 
 
 members before final passage. Engrossing and printing to 
 
 under supervision of committee, whose report to set forth 
 
 in writing that bill truly engrossed and that printed copy 
 
 furnis] - rect. If bill passed by either house, but 
 
 turned thereto amended by other, house to which returned 
 
 ■ mendment printed for u<e of members before final 
 
 •ion thereon. (Mo. IV 29, 30.) 
 
 Upon Last Reading 
 
 endment to be allowed. (N.Y. Ill 15.)
 
 Index Digest s: >'.> 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Reference to Committee 
 
 . For committees in general, See Lkmsi.vm SB ( 'om mittkks. 
 In General 
 
 No bill to be considered for final passage unless reported by 
 
 committee. (Ky. 46; La. 39l; .Mo. IV 2f ; Tex. Ill .37.) 
 No bills to be considered unless referred to committee and re- 
 turned therefrom. (Pa. Ill 2.) 
 No bill to be considered or become law unless referred to com- 
 mittee and returned therefrom. (Colo. V 20; Mont. V 22; 
 
 \V\u. Ill 23.) 
 
 Xo bill to become law until referred to committee of each house 
 
 and returned therefrom with recommendations in writing. 
 
 (Miss. IV 7 1 | 
 No bill to become law unless prior to passage referred to com- 
 mittee of each house and considered by such committee in 
 session and reported. (Va. IV 50.) 
 No bill to become law until referred to standing committee of 
 each house, acted upon by such committee in session and 
 returned therefrom ; such facts to appear affirmatively upon 
 journal of each house. (Ala. IV 62.) 
 
 Limitation on Time 
 
 No bill to be passed unless presented, referred to and reported 
 from committee at least three days before final adjournment. 
 
 (Tex. Ill 37.) 
 
 Withdrawal of Bill from Committee 
 
 If committee refuse or fail to report bill in reasonable time, it 
 may be called up by any member and be considered in same 
 manner as if reported. (Ky. 46.) 
 
 Neither house to discharge committee from considering bill and 
 consider same as if reported, except by yea and nay vote, 
 names of members voting for and against to be entered on 
 journal, and by affirmative vote of majority of those voting, 
 which must include at least two-fifths of all members elected 
 
 to each house. (Va. IV 50.) 
 
 Adoption of Report of Committee of Conference 
 
 In each house, by vote of majority of such house taken by yeas 
 
 and nays and entered on journal. (Ala. IV 64; Miss. IV 62.) 
 In each house, by majority of members elected thereto, vote 
 
 taken by yeas and nays ana names of those voting for or 
 
 against recorded in journal. (La. 40.) 
 •In each house, by vote of majority of members elected, taken by 
 
 ayes and noes and names of those voting recorded on journal. 
 
 (Colo. V 23; Mo. IV 32; Pa. Ill 5.) 
 In each house by yea and nay vote, names of members voting for 
 
 and against to be entered on journal, and by affirmative vote 
 
 of majority of those voting, which must include at least 
 
 two-fifths of members elected to each house. (Va. IV 50.)
 
 State Constitutions 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 
 I'.ILLS 
 
 Readings of Joint Resolution, See In loir, this title. Joint Resolu- 
 tions. 
 
 At Length 
 
 On final passage. (Ala. IV 63; Gal. IV 15; Miss. IV 59; Okla. 
 
 V 34.) 
 
 On third reading. (X.M. IV 15.) 
 
 To be read at length section by section on final passage. (Ida. 
 
 Ill 15.) 
 Not to be considered for final passage unless read once in full. 
 
 (La. 39.) 
 (Vice in each house. (Colo. V 22; Minn. IV 20.) 
 On first and third readings; on second reading if demanded. 
 
 (N.D. II 63; S.D. Ill 17.) 
 
 Tin-,, times in each house. (Ark. V 22; 111. IV 13; Ky. 46; 
 
 Nebr. Ill 11; Ohio II 16; Pa. Ill 4; Va. IV 50; W.Va. VI 
 
 29.) 
 By Sections 
 
 On final passage. (Ida. Ill 15; Kan. II 15.) 
 (in second reading and on final passage; on first reading, if one- 
 third of members present so desire. (Fla, III 17.) 
 Three times in each house. (Ariz. IV Pt. II 12; Ind. IV 18; 
 
 NeV. IV 18; Ore. IV 19.) 
 By Title 
 
 When introduced. (Colo. V 22.) 
 
 On first reading in either house, unless one-third of members 
 
 present desire it read by sections. (Fla. Ill 17.) 
 Second reading may be, unless reading at length demanded. 
 
 (NT). II 63; 8.1). Ill 17.) 
 
 First and second readings of local bill or bank or railroad 
 
 charter to be by title only, unless bill ordered to be engrossed. 
 
 (Ga. Ill Sec. VII 7.) 
 Either house may provide by rule for first and third readings 
 
 by title only. (S.C. Ill 18.) 
 Number of 
 
 Three times in each bouse. (Ala. IV 63; Ariz. IV 12; Ark. 
 V 2.2; Gal. IV 15; Fla. Ill 17; Ga. Ill Sec VII 7; Ida. Ill 15; 
 111. IV L3; Ind. IV IS; Kan. II 15; Ky. 46; La. 39; 
 Kid, Ml J7; Mich. V 23; Minn. IV 20; Miss. IV 59; Mo. 
 I\ 26; Nebr. Ill 11; Nev. IV 18; K.J. IV Sec. IV 6; N.M. 
 IV 15; N.C. II 23; N.D. IT 63; Okla. V 34; Ore. IV 19; 
 Pa. Ill I; S.C. Ill IS; S. D. Ill 17; Tenn. II 18; Tex. Ill 32; 
 Utah VI 22; Va. IV 50; W.Va, VI 29.) 
 On Different Days 
 
 Required. (Ala. IV 63; Cal. IV 15; Fla. Ill 17; Ga. Ill Sec. 
 VM 7l 'da. Ill 15; 111. IV i:; : Tnd. FV IS; Kan. II 15; Ky. 
 16; I. a. .'ill; Aid. HI 27; Miss. IV 59; Mo. IV 26; Nebr. Ill 11; 
 Nev. IV is : Okla. V 34; Ore. TV 19; Pa. ITI 4; S.C. Ill 18; 
 Tenn. II 18; Tex. Ill 32; Va. IV 50; W.Va. VI 29.)
 
 Index Digest 841 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Readings of Bills (Cont'd) 
 On Different Days (Cont'd) 
 
 Required, unless rule suspended by two-thirds of house, when 
 bill may be read a second and third, tinn mi same day. (Ark. 
 
 V 22.) 
 First and second readings may be on same day. (S.D. Ill 17.) 
 First and second readings, and those only, may be upon same 
 
 day. (NX). II 63.) 
 Not more than two of three readings to be on the same day. 
 
 l.X.M. IV 15.) 
 Dispensing With 
 
 Bill to he read three times on three separate days in each house 
 unless in case of actual invasion or insurrection. (Ga. Ill 
 
 Sec. VII 7.) 
 In case of urgency, three-fourths of house in which hill pending 
 
 may dispense with rule requiring readings. (Ohio II 16.) 
 Not to become law unless read on three different days in each 
 house, unless two-thirds of members elected to house where 
 bill pending so determine by yeas and nays. (Md. Til 27.) 
 In case of public necessity (to be stated in preamble or body 
 of bill) four-fifths of house in which bill pending may suspend 
 rule requiring readings; yeas and nays to be taken on ques- 
 tion of suspension and entered on journal. (Tex. Ill 32.) 
 May be dispensed with in bill to codify laws and in case cf 
 emergency by vote of four-fifths of members voting in each 
 house, taken by yeas and nays, names of members voting for 
 and against to be entered on journal. (Va. IV 50.) 
 Tii case of urgency, two-thirds of house may dispense with read- 
 ing on three different days, but not with reading at length on 
 final passage. (Cal. IV 15; Miss. IV 59.) 
 In case of urgency, two-thirds of house may, by yeas and nays, 
 dispense with provision requiring readings, but not with final 
 reading at length. (Ida. Ill 15.) 
 In case of emergency, two-thirds of either house may dispense 
 with rule; but reading by sections on final passage in no case 
 to be dispensed with. (Ariz. IV Pt. II 12; Kan. II 15; Nev. 
 
 IV IS; Ore. IV 19.) 
 In case of emergency two-thirds of house where bill pending may, 
 by vote of yeas and nays, dispense with rule requiring read- 
 ings; but reading by sections on final passage in no case to be 
 
 dispensed with. (Ind. IV IS.) 
 
 Four-fifths of members present, on vote taken by yeas and nays, 
 
 may dispense with rule requiring reading, but in all cases 
 
 engrossed bill to be fully and distinctly read in each house. 
 
 (YY.Va. VI 29.) 
 Rule requiring reading by sections on second reading may be dis- 
 pensed with by two-thirds of members present in house where 
 
 bill pending. (Fla. Ill 17.)
 
 STATI ( JONSTITUTIONS 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Rj \j.i vgs "i l'ii ls i Cont'd i 
 Dispensing With [Cont'd) 
 
 ad and third readings may be dispensed with by majority 
 
 .,11 members elected to house where bill pending. (Ky. 46.) 
 
 In case of urgency two-thirds of house where bill pending may 
 
 dispense with rule requiring readings, but no bill to be passed 
 
 l,\ either house until read twice at length. (Minn. IV 20.) 
 
 Bills revising statutes or codes of state, or adopting criminal 
 
 code as whole to be read and promulgated as prescribed by 
 
 legislature. (La. 39.) 
 Bill embodying general revision of entire laws not required to 
 be read by sections upon final passage, and its reading may 
 be \\h"lh dispensed with by two-thirds vote. (Fla. Ill 17.) 
 Hill> to provide for public peace, health and safety and the codi- 
 fication or revision of the laws are excepted from the pro- 
 vision requiring reading. (N.M. IV 15.) 
 After Passage 
 
 Title to be publicly read, i Mont. V 27.) 
 
 Title to he read immediately before signing. (Pa. Ill 9; S.D. 
 
 Ill 19; Tex. Ill 38.) 
 Title tu lie publicly read immediately before signing. (Colo. 
 
 \ 26; N.I). II 66; Utah VI 24.) 
 Title to be publicly read immediately before signing, all other 
 
 business being suspended. (Va. IV 50.) 
 To be read by title before signing; to be read in full on demand 
 
 ut' any member. (Miss. IV 59.) 
 Title tu be read and at request of any five members bill to be 
 
 read in full. (La. 41.) 
 To be read at length in each house and compared. (Ky. 56.) 
 To be publicly read in full and fact of reading entered on jour- 
 nal. (N.M. IV 20.) 
 To be publicly read at length, but may be dispensed with by two- 
 thirds vutc of quorum present; yeas and nays on vote dispens- 
 ing with to be entered on journal. (Okla. V 35.) 
 To be publicly read at length, but may be dispensed with by two- 
 thirds vote of quorum present; fact of reading or of dispensing 
 therewith to be entered on journal. (Ala. IV 66.) 
 
 l'i:i •. i i\i. of Bills 
 
 / '.-/ the printing of amendments, See above, this title, Amend- 
 ment op Bills. 
 General Rule 
 
 N " bill to b«> considered unless printed for use of members. 
 
 (Pa. Ill 2.) 
 Nv,,t to be considered for final passage unless printed for use of 
 
 members. I Ky. 46: Mo. TV 27.) 
 x " !,il1 to be considered or become law unless printed for use of 
 
 members. (Colo: V 20; Mont. V 22; Wyo. Ill 23.) 
 x " ,pil ' to become law unless printed. (N.M. IV 15.) 
 N " '"" '" '"' read third time until actually engrossed or printed. 
 
 (Md. Ill 27.)
 
 I MlKX I Mcl.ST - I 8 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Printing of Bills (Cont'd) 
 General Rule (Cont'd) 
 
 No bill to be put upon linal passage until printed with amend 
 merits for use of members. (t'al. I V 1 5 ; Ida. Ill L5; 111. IV 
 
 13; Nebr. Ill 11.) 
 No bill to become law unless printed by bouse in which it orig- 
 inated prior to passage therein. (Va. IV 50.) 
 No bill to be passed or become law until printed and in posses- 
 sion of each house for at least five days. (Mich. IV 22.) 
 Not to be passed or become law unless printed and upon desks 
 of members in final form at least three calendar legislative 
 days prior to final passage. (N.Y. Ill 15.) 
 Exceptions 
 
 Bills to provide for public peace, health or safety or codification 
 
 and revision of laws. (N.M. IV 15.) 
 If governor or acting governor shall have certified, under his 
 hand and seal of state, to necessity of immediate passage. 
 
 (N.Y. Ill 15.) 
 Dispensing With 
 
 In case of urgency, two-thirds of house where bill pending, may 
 by yea and nay vote dispense with provision requiring print- 
 ing. (Ida. Ill 15.) 
 May be dispensed with in bill to codify laws and in case of emer- 
 gency by vote of four-fifths of members voting in each iiouse, 
 taken by yeas and nays, names of members voting for and 
 against to be entered on journal. (Va. IV 50.) 
 Passage of Bills 
 
 Passage of Amendments, See above, this title., Amendment of Bills. 
 Passage of Joint Resolution, See below, this title, Joint Resoltj- 
 
 TIO . 
 
 Passage Over Veto, See beloie, this title, Passage Oveb Veto. 
 Appropriation and Revenue Bills to Have Precedence 
 
 To have precedence over all other business. (Miss. IV 08.) 
 Bills Revising or Adopting Statutes or Codes 
 
 To be read and promulgated in such manner as prescribed bj 
 
 legislature. ( La. 39.) 
 Discussion 
 
 Free discussion to be allowed. (Tex. Ill 32.) 
 Limitation on Time of 
 
 Bills of revenue not to be passed during last live days of session. 
 
 (Okla. V 33.) 
 Appropriation and revenue bills not In be passed during last five 
 
 days of session. (Miss. IV G8.) 
 Appropriations to be valid shall be passed, and receive signatures 
 of president of senate and speaker, " five full days" before ad- 
 journment sine, die of legislature. (I. a. 57.1
 
 s44 ATE CONSTITI PIONS 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 
 1 
 Limitation on Time of (Cont'd) 
 
 \,,t to be passed by either house upon day prescribed for ad- 
 journment of the two houses. (Provision not to be construed 
 to preclude enrollment of hill, or signature and passage from 
 on i i,, other or reports thereon from committee, or trans- 
 
 mission 1,1 gpvernor for signature.) (Minn. IV 22.) 
 When Vote Taken for Final Passage 
 
 [mmediatelj upon last reading. (Iowa III 17; Nebr. Ill 10; 
 N.V. Ill 15; Okla. V 34; S.D. Ill IS.) 
 Manner of Voting 
 
 On nominal ions by governor, See Public Officers — Appoint- 
 ment. 
 By yeas and nays. (Ariz. IV 12; Ind. IV 18; Ohio II 9; Ore. 
 
 IV 19; Utah VI 22.) 
 
 By yeas ami nays upon each bill separately. (Ida. Ill 15.) 
 
 Bj yeas and nays on final passage. (Ala. IV 63; Ark. V 22; 
 
 Cal. IV I.'.: Colo. V 22; Fla. Ill 17; Ky. 46; La. 39; Mich. 
 
 V 23; Mo. IV 31; Mont. V 24; Nev. IV 18; N.M. IV 17; 
 
 N.I). II 65; Pa. ITI 4; Va. IV 50; Wash. II 22; Wyo. Ill 25.) 
 
 By yeas and nays upon each bill separately on final passage. 
 
 (111. IV 12.) 
 By ayes and noes upon final passage of every bill of general char- 
 acter and appropriation bills. (Tenn. II 21.) 
 Affirmative Vote Required 
 
 / Li ll, c affirmative vole required on the passage of a bill relating 
 
 to " mi particular subject, See the particular subject. 
 Appropriation hills, See Appropriations. 
 Bills continuing or reviving taxes, See Taxation. 
 Bills releasing, discharging or commuting claim of state, See 
 
 State Finances. 
 Grants of public property, See "Public Property — Appropria- 
 tes". " Public Property —Gbants". 
 Majority of each house. (Ala. IV 63i; Ark. V 22.) 
 Majority of members present. (Fla. Ill 17; Ida. Ill 15; Mont. 
 
 V 24; N.M. IV 17.) 
 Majority "of all the members of each body personally present 
 
 ..i,d agreeing thereto." (N.J. |IV Sec. IV 6.) 
 Majority of all members elected to each house. (Ariz. IV 15; 
 I al. IV 15; Colo. V 22; Del. II 10; Ga. Ill Sec. VII 14; 111. 
 IV '-: fod. IV 25; [pwa Til 17; Kan. II 13; La. 39; Md. 
 18; Mich. V 23; Minn. TV 13; Mo. IV 31; Nebr. Ill 10; 
 Nev. IV ls : N.v. m 15 . x.D. II 65; Ohio II 9; Okla. V 34; 
 Ore. IV -2.-,: p a . I IT 4 : S.D: III 18; Utah VI 22; Wash. II 22; 
 
 Wyo. Ill 25.) 
 Majority of all members to which house entitled. (Tenn. II 18.) 
 Tu " ,imi - "' members elected to each house and majority of 
 members voting. (Ky. 46; Va. IV 50.)
 
 Im>kx Digest 845 
 
 LEGISLATIVE PROCEDURE (Contfd) 
 Passage of Bills (Cont'd) 
 
 Affirmative Vote Required (Cont'd) 
 
 If less than 16 members preBerri in senate, assert of &i least 10 
 necessary to render acts and proceedings valid; if less than 
 two-thirds of members elected are present in Lower bouse, 
 assent of two-thirds of that number necessarj id render acts 
 and proceedings valid. (X.II. II 36j 19.) 
 
 Entering Vote on Journal 
 
 To be entered on passage. (Minn. IV 13.) 
 
 Yeas and nays on final passage to be entered. (Cal. IV 15; 
 
 Ida. Ill 15; 111. IV 12; Iowa III 17; Kan. II L0; Ky. 16; 
 
 Mich. V 23; Miss. IV 55; Xebr. Ill 10; Nev. IV IS; X.I. IV 
 
 Sec. IV 6; N.JVt IV 17; X.Y. Ill 15) Ohio II 9; Okla. V 34; 
 
 S.I). Ill 18; Va. IV 50.) 
 Names of those voting on final passage to be entered. (Colo. V 
 
 22; Md. Ill 28; Mont. V 24; N.D. II 65; W.vo. [II 25.) 
 Names of members voting for and against on final passage to 
 
 be entered. (Ala. IV 63; Ark. V 22; Del. II 10; La. 39; 
 
 Mo. IV 31; Pa. Ill 4; Wash. II 22.) 
 When constitution requires vote of two-thirds of either or of 
 
 both houses for passing of act or resolution, yeas and nays on 
 
 passage to be entered. (Ga. Ill Sec. VII 21.) 
 
 Concurrence in by Other House 
 
 No bill, resolution or other thing passed by one house to be law 
 without concurrence of other. (Vt. II 6.) 
 
 Motion to Reconsider 
 
 When defeated on final passage and motion made to reconsider 
 vote, vote upon such motion to be taken immediately and sub- 
 ject finally disposed of before proceeding to other business. 
 
 (Mo. IV 35.) 
 All votes on final passage of any measure to be subject to re- 
 consideration for at least one whole legislate, daj ; no motion 
 to reconsider to be disposed of adversely on day of original vote 
 taken, except on last day of session. (Miss. IV 65.) 
 
 Engrossing 
 
 To be enrolled or engrossed immediately after passage. (X.M. 
 
 IV 20.) 
 
 Affixing Seal 
 
 No bill or joint resolution to have force of law until great seal 
 of state affixed to it. (S.C. Ill 18.) 
 
 Interlineation or Erasure 
 
 Interlineations or erasures in signed bill not to be effective unless 
 certified thereto in express terms by presiding officer of each 
 house, quoting words interlined or erased, nor unless fact of 
 making such interlineations or erasures be publicly announced 
 in each house and entered on journal. (N.M. IV 20.)
 
 State Constitutions 
 
 LEGISLATIVE PROCEDURE (Conf<D 
 p. 3 , F Bnxs (Cont'd) 
 
 Changing or Stealing to Be Felony 
 
 Person materially changing or altering or making away with 
 pending or passed Mil to be guilty of felony and upon con- 
 viction punished by imprisonment for not less than one or 
 more than live years. (N.M. IV 21.) 
 Reading After Passage, See above, this title. Readings of Bills. 
 Signing After Passage 
 By Whom Signed 
 
 Presiding officer of each house. (Ala. IV 66; Ariz. IV Pt. 
 II 15; Colo. V26; Ga. Ill Sec. VII L3; Ida. III. 21; 111. IV 
 13; [nd. IV 25; Iowa HI 15; Kan. II 14; Ky. 56; La. 
 41- Minn. II 22; Miss. IV 59; Mo. IV 37; Mont. V 27; 
 NYbr. HI 11 : N.M. IV 20; N.C. II 23; N.D. II 66; Ohio 
 II 17: Okla. V 35; Ore. IV 25; Pa. Ill 9; S.D. Ill 19; 
 Ten... II IS; Tex. Ml 38; Utah VI 24; Va. IV 50; Wyo. 
 
 Ill 28.) 
 Nut to have force of law until signed by president of senate 
 
 and speaker of lower house. (S.C. Ill 18.) 
 Not to become law until signed by presiding officer of each 
 house under such rules as legislature may prescribe. 
 
 (Wash. II 32.) 
 t I 'residing officer of respective houses and by secretary of sen- 
 
 ate and clerk of lower house. (Fla. Ill 17; Nev. IV 18.) 
 Where Signed 
 
 In presence of house. (Ala. IV 66; Colo. V 26; Mont. V 27; 
 \ .D. II 66 ; Okla. V 35 ; Pa. Ill 9 ; S.D. Ill 19 ; Tex. Ill 
 38; Utah VI 24; Va. IV 50; Wyo. Ill 28.) 
 In open session. (Ariz. IV Pt. II 15; Ky. 56; La. 41; Miss. 
 
 IV 59; N.M. IV 20; Tenn. II 18; Wash. II 32.) 
 In open session, other business being suspended; bill to be 
 read at length and if no objection made, to be signed: if 
 any member object that bill is not same in substance and 
 form as when passed, or that it violates constitution, house 
 td pass upon such objection and if sustained, presiding 
 officer to withhold signature; if not sustained, any five 
 members max embody objection over their signatures in 
 written protest, under oath against signing of bill; pro- 
 test to he noted upon journal and original annexed to the 
 Mil to lie considered by governor. (Mo. IV 37.) 
 When Si i/ned 
 
 Immediately after reading. (Ala. IV 66; Colo. V 26; La. 
 
 II: Okla' V 35; Pa. Ill 9; S.D. Ill 19; Wyo. III. 28.) 
 Immediately after reading, other business being suspended. 
 
 (Ky. 56; Miss. IV 59.) 
 Publicly in presence of house while same is in session and 
 ihle of Iran-acting business. (Nebr. Ill 11; Ohio 
 
 II 17.) 
 Within two days after passage. (Kan. II 14.)
 
 Index Di&est s IT 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Passage of Bills {Cont'd) 
 
 Signing After Passage (Cont'd) 
 Recording on Journal 
 
 Fact of signing to be noted on journal. (Ala. IV 66; Colo. 
 V 26; Ky. 50; La. 41; Miss. IV 59; Mont. V 27; N.M. 
 IV 20; N.D. II 66; Pa. Ill 9j S.D. Ill 19; Term. II 
 18; Tex. Ill 38; Utah VI 24; Va. IV 50; Wyo. Ill 28.) 
 
 Refusal to Sign 
 
 Refusal to sign renders such officer incapable of holding seat 
 in either house thereafter; in case of such refusal, house 
 by rule to provide manner in which bill to be properly 
 certified for presentation to governor. (Minn. IV 22.) 
 
 Approval of Bills 
 
 Acts Adopted by Initiative or Referendum, See Initiative and 
 
 Referendum. 
 Approval of Joint Resolutions, See below, this title, Joint Resojj 
 
 tio.ns. 
 
 Approval of Orders, See below, this title, Joint Resolutions. 
 Approval of Vote, See below, this title, Joint Resolutions. 
 
 Filing After Approval, See below, this title, Filing of Acts After 
 
 Approval. 
 Presentment to Governor 
 In General 
 
 Required as to every bill which has passed both houses. 
 (Ala. V 125; Ariz. V 7; Ark. VI 15; Gal. IV 16; Colo. 
 IV 11; Conn. IV 12; Del. Ill 18; Fla. Ill 28; Ida. IV 
 10; 111. V 16; Ind. V 14; Iowa III 16; Kan. II 14; Ky. 
 56, 88; La. 76; Me. IV Pt. Ill 2; Mass. Pt. II Ch. I 
 Sec. I 2; Mich. V 36; Minn. IV 11; Miss. IV 72; Mo. IV 
 38; Mont. VII 12; Nebr. V 15; Nev. IV 35; X.H. II 43; 
 N.J. V 7; N.M. IV 22; NY. IV 9; N.D. Ill 79; Ohio II 16; 
 Okla. VI 11; Ore. V 15; Pa. IV 15; R.l. Amend. XV; 
 S.C. IV 23; S.D. IV 9; Tenn. Ill 18; Tex. IV 14; Utah 
 VII 8; Va. V 76; Vt. II 11; Wash. Ill 12; W.Va. VII 
 
 14; Wis. V 10; Wyo. IV S.) 
 
 Governor to have revision of all bills passed by legislature 
 
 before same become law. (Ga. V Sec. I 16; Miss. IV 72.) 
 
 Required, as to every bill passed by both houses and sealed 
 
 with great seal. (Md. II 17; III 30.) 
 
 Time of 
 
 Every bill as passed to be presented to governor immediately 
 after signing in both houses, by clerk of house in which 
 
 last signed. (Ky. 56, 88.) 
 
 Bills signed by presiding officer of each house to be presented 
 
 to governor, on same day on which signed by clerk of 
 
 house in which it originated; fact of presentment to be 
 
 entered upon journal. (Mo. IV 38.)
 
 State Constitutions 
 
 LEGISLATIVE PROCEDURE (Conf<l) 
 pbcn ai. oi Bills i Cont'd 
 Presentment to Governor {Cont'd) 
 Cont'd) 
 Bills signed by presiding officer of both houses to be taken 
 hi once and on same day to governor by clerk of lower 
 house or secretary of senate. (La. 41.) 
 Every bill, within Ih» days after passage, to be signed by 
 presiding officers and presented to governor. (Kan. II. 
 
 14.) 
 No bill to be presented within two days next previous to 
 final adjournment. (Ind. V 14.) 
 By Signature of Governor 
 
 If approved, governor to sign. (Ala. V 125; Ariz. V 7; 
 Ark. VI 15; Cal. IV 16; Colo. IV 11; Del. Ill 18; Fla. Ill 
 28; Ida. IV 10; 111. V 16; Ind. V 14; Iowa III 16; Kan. 
 II 14; Ky. 88; La. 76; Me. IV Pt, III 2; Mass. Pt. II Ch. I 
 Sec. I 2; Mich. V 36; Miss. IV 72; Mont. VII 12; Nebr. V 15; 
 Nov. IV 35; N.H. II 43; N.J. V 7; N.Y. IV 9; N.D. Ill 79; 
 Ohio IT 16; Okla. VI 11; Ore. V 15; Pa. IV 15; R.I. Amend. 
 XV; S.C. IV 23; S.O. IV 9; Tenn. Ill IS; Tex. IV 14; 
 Utah VII 8; Va. V 76; Vt. II 11; Wash. Ill 12; W.Va. 
 VII 14; Wis. V 10; Wyo. IV 8.) 
 If approved, governor to sign in presence of presiding officer 
 
 or chief clerk of both houses. (Md. II 17, III 30.) 
 If approved, governor to sign and deposit with secretary of 
 
 state. (Conn. IV 12; N.M. IV 22.) 
 If approved, governor to sign and deposit in office of secretary 
 of state, having previously notified house where it originated. 
 
 (Minn. IV 11.) 
 Bill returned within 10 days to house in which it originated, 
 with approval of governor, to become law. (Mo. IV 38.) 
 By Failure to Return 
 '.'< /?< ?-<// Rule 
 
 If hill not returned within three days (Sunday excepted) 
 :m iir presentment, to have same force and effect as if 
 signed!. (Conn. IV 12; Ind. V 14; Iowa III 16; Kan. 
 II 14; Minn. IV 11; N.M. IV 22; N.D. Ill 79; S.C. IV 23; 
 
 S.D. IV 9; Wyo. IV 8.) 
 if not returned within five days after presentment, to he- 
 roine a law as if signed. (La. 76; Mass. Pt. II Ch. I 
 
 Sec. I 2.) 
 
 If not returned within five days after presentment (Sun- 
 
 days excepted), bill to become law as if signed. (Ark. 
 
 VI I.",: Ariz. V 7; Fla. Ill 28; Ida, IV 10; Me. IV 
 
 Pt. Ill 2; Miss. IV 72; Mont. VII 12; Nebr. V 15; N.H. 
 
 M 13; V.. I. V 7; Okla. VI 11; Ore. V 15; Tenn. Ill 18; 
 
 Va. V 76; Vt. II 11; Wash. Ill 12; W.Va. VII 14.) 
 
 II not returned within. five days after presentment (Sun- 
 
 ! ;. on which received excepted), to become law 
 
 as if signed. (Ga. V Sec. I 16; Nev. IV 35; Utah VII 8.)
 
 Index Digest 849 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Approval of Bills (Cont'd) 
 
 By Failure to Return (Con I'd) 
 ( 1 eneral Rule (Oonfd) 
 
 If not returned within six days (Sundays excepted) after 
 presentment, to be law as ii signed. (Ala. V L25; Md. 
 
 II 17; R.I. Amend. XV; Wis. V 10.) 
 
 If not returned by governor within lo days after present 
 ment, to be law as if signed. (Colo. IV 11; Pa. IV 15.) 
 
 If not returned within 10 days (Sundays excepted) after 
 presentment, to become law as if signed. (Cal. IV 16; 
 Del. Ill 18; 111. V 16; Ky. 88; Mich. V 36; N.Y. IV 9; 
 
 Ohio II 16; Tex. IV 14.) 
 
 If not returned within 10 days after presentment, legisla- 
 ture may by joint, resolution, reciting fact of failure and 
 bill at length, direct secretary of state to enroll bill as 
 authentic act; such enrollment to have same effect as 
 approval by governor. (Mo. IV 40, V 12.) 
 
 Return Prevented by Adjournment 
 
 Bill not to become law. (Ala. V 125; Conn. IV 12; Ga. V 
 Sec. I 16; Iowa III 16; Kan. II 14; La. 76; Md.-ll 17; 
 Mass. Amend. I; Mich. V 36; Minn. IV 11; N.I I. II 43; 
 N.J. V 7; N.M. IV 22; Tenn. Ill 18; Wis. V 10.) 
 If legislature by adjournment within three days after pre- 
 sentment prevent return, bill not to become law. (Vt. 
 
 II 11.) 
 Bill not to become law without approval of governor. (Del. 
 
 III 18; N.Y. IV 9; Okla. VI 11.) 
 
 Bill not to become law without approval of governor; disap- 
 proved bill to be filed with objections in office of secretary 
 
 of state. (Mont. VII 12.) 
 
 Governor may within 30 days after adjournment return 
 bill to office of secretary of state with approval or reason 
 for disapproval. (Mo. V 12.) 
 
 Bill to be filed with objections in office of secretary of state 
 within five days after such adjournment or become 
 law. (Nebr. V 15; W.Va. VII 14.) 
 
 Bill to be law. unless governor within tive days next after 
 such adjournment, file with qbjections in office of secre- 
 tary of state, who shall lay it before legislature at next 
 session in like manner as if returned by governor. I End. 
 
 V 14.) 
 
 Bill to become law. unless governor witbin five days after 
 adjournment (Sunday excepted) file with objections in 
 office of secretary of state, who shall lay same before 
 legislature at next session as if returned by governor. 
 
 (Ore. V 15.) 
 
 Bill to be law if approved hy governor, within 10 days after 
 adjournment, but not otherwise. (Va. V 76.)
 
 State ( Sonstj iti cons 
 
 LEGISLATIVE PROCEDURE (Confd) 
 Ai'ii;o\ \i. of Bills i Cont'd I 
 
 By Failure to Return (Cont'd) 
 
 Return ted by Adjournment {Cont'd) 
 
 J 4 i 1 1 to be law unless filed with objections in office of secre- 
 tary of state within LO days after adjournment. (111. 
 \ 16; Ohio II 16; ELI. Amend. XV 1; S.D. IV 9.) 
 Bill to be filed with objections in office of secretary of state 
 withm lit days after such adjournment (Sundays ex- 
 cepted) or become law. (Ariz. V 7; Ida. IV 10; Utah 
 
 VII 8.) 
 
 Bill to become law unless disapproved by governor within 
 
 in days after adjournment, in which case veto measure 
 
 in be spread upon register kept by secretary of state. 
 
 (Ky. 88.) 
 Hill to be law unless governor, within 10 days after such 
 adjournment, file with objections in office of secretary of 
 . who shall lay same before legislature at next ses- 
 sion, when it may be passed over veto as otherwise. (Fla. 
 
 Ill 28.) 
 liill to be law unless governor within 10 days after adjourn- 
 ment (Sunday excepted) file with objections in office of 
 secretary of state, who shall lay same before legislature 
 at next session as if returned by governor. (New IV 35; 
 
 Wash. Ill 12.) 
 Bill to become law unless governor file with objections in 
 office of secretary of state within 15 days after such 
 adjournment. (X.D. Ill 79; Wyo. IV S.) 
 Bill to become law unless governor file with objections in 
 office of secretary of state and give notice thereof by pub- 
 lic proclamation within 20 days after adjournment. 
 
 (Ark. VI 15; Tex. IV 14.) 
 Bill lln ' to become law unless governor, within 30 days 
 after such adjournmenl (Sundays excepted), sign and de- 
 posit in office of secretary of state. '[Gal. IV 16.) 
 Bill to become law unless filed with objections in office of 
 secretary of slate within 30 days after such adjourn- 
 ment. (Colo. [V 11.) 
 111,1 '" become law unless governor file with objections in 
 office of secretary of commonwealth and give notice thereof 
 bj published proclamation within 30 days after such 
 
 adjournment. (Pa. IV 15.) 
 
 Bill to have same force and effect as if signed, unless re- 
 
 turned within tw6*days after next meeting of legislature. 
 
 (S.C. IV 23.) 
 
 ' law unless returned within three days after 
 
 ginning of next session. (Mel IV Pt, III 2; Miss. IV 
 
 72.) 
 R ' '• ti Prevt ,<!■ d by Recess 
 
 l;m '" '" turned within two days after reassembling, or 
 
 become law. (Ala. V 125.)
 
 I,\I)KX Dll.l'.ST v .", I 
 
 LEGISLATIVE PROCEDURE (Cont'fy) 
 Approval of Bills (Cont'd) 
 After Final Adjournment 
 
 No bill to have approval when legislature noi in session. (Miss 
 
 IV 72.) 
 
 (inventor may approve, sign and file in office 'if secretary of 
 state within three days after adjournment anj act passed 
 during last three days; same to become law. (.Minn. I V 11.) 
 Governor may approve, sign and file in office of secretary of 
 state within five days (Sundays excepted) alter adjournment 
 of legislature any lull passed during last live days of session; 
 same, to become law. (.Mich. I V li(\.) 
 Bill presented to governor within live days before final adjourn- 
 ment may be approved at any time wilhin 10 days after such 
 adjournment, and if approved and deposited with secretary of 
 state within that time to become law. (Ala. V 125.) 
 Bill not to become law unless approved by governor wilhin 
 15 days after such adjournment. (Mont. VII 12; Okla. V I 11.) 
 Bills presented during the last three days of session to be ap- 
 proved or disapproved within six days after adjournment and 
 deposited with secretary of state; unless so approved and 
 signed, not to become law. (X.M. IV 22.) 
 Bill not to become law unless approved by governor within 30 
 
 days after such adjournment. (Del. Ill 18; X.Y. IV 9.) 
 Bill not to become law unless governor within .'?() days after 
 such adjournment sign and deposit in office of secretary of 
 
 state. (Cal. IV 1(3.) 
 
 Bills submitted to governor during last three days of session to 
 
 be deposited by him in office of secretary of state within 
 
 30 days after adjournment with his approval, if approved, 
 
 and with his objections, if disapproved. (Iowa III 10.) 
 
 Veto of Bills 
 
 Acts Adopted by Initiative or Referendum, S&6 Imitative and 
 
 Referendum. 
 Appropriation Bills, See Appropriations - Vkiook Bills. 
 Pocket Veto, See above, this title, Approval of Bills -By Fail- 
 
 i feus to Return. 
 Return 
 
 If disapproved, governor to return bill (o house in which it 
 originated. (Ala. V 125; Ark. VI 15: Ariz. Y 7: Cal. IV IT,; 
 Colo. IV 11; Conn. IV 12: Del. Ill IS; l-'hi. Ill 28; Ida. 
 IV 10; 111. V 16; lrid< V II; Iowa III 1(1; K\. 88; La. 7(1; 
 Me. IV Pt. Ill 2; Md. II 17: Mass. l>t. II ( h. 1 Sec. I 2; 
 Mich. V ?,<;; Miim. IV 11; Miss. IV 72: Mo. IV 39; Mont. 
 VII 12; Nebr. V 15; X,v. 1 V 35; X.I I. II 13; X..I. V 7: X.M. 
 IV 22; N.Y. IV 9*; X.D. IN 79; Ohio II 16; Okla. V I 11; 
 Ore. V 15: Pa. IV 15: R.I. Amend. XV; S.C. IV 23; 
 S.D. IV 0; Tenn. Ill 18; Tex. IV 14; Ctah VII S; Va. V 76; 
 Vt. II 11; Wash. Ill 12; VV.Ya, Nil 14; Wis. V 10; Wyo. 
 
 IV 8.) 
 If disapproved, governor to return to lower house. (Kan. II 14.)
 
 State Co.nsti it tions 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 \ bto of Bills I cont'd) 
 Objections 
 
 ,111. nt of to be sent with disapproved bill. (Vt. II 11.) 
 . ,,, of to be sent with disapproved bill and entered at 
 
 Laig , journal. (Ala. V 125; Ark. VI 15; Ariz. V 7; Cal. 
 
 [V 18; Colo. IV 11; Conn. IV VI; Del. Ill 18; Fla. Ill 28; 
 [da. I\ 1"; HI. V 16; Ind. V 14; Iowa III 16; Kan. II 14; 
 Ky. 88j La. 76; Me. IV Pt. Ill 2; Md. II 17; Mass. Pt. II 
 Ch. I Sec. I 2; Mich. V 36; Minn. IV 11; Miss. IV 72; Mo. 
 i\ 39; Mont. VII 12; Xebr. V 15; Xev. IV 35; X.H. II 43; 
 N..I. \ 7 : N.M. IV 22; XV. IV 9; X.D. II 79; Ohio II 16; 
 Okla. VI 11; Ore. V 15; Pa. IV 15; R.I. Amend. XV; S.C. IV 
 23; S.D. IV 9; Tenn. Ill 18; Tex. IV 14; Utah VII 8; Va. V 
 76; Wash. Ill 12; W.Va. VII 14; Wis. V 10; Wyo. IV 8.) 
 Disapproval of Portion Only 
 
 It governor disapprove general purpose by disapproval of any 
 part or parts, he may return with recommendations for amend- 
 ment to house in which bill originated and if both houses, by 
 vote of a majority of members present in each, agree to amend 
 in accordance with recommendations or either house by such 
 vote fail or refuse so to amend it, bill to be again sent to 
 governor and lie may act upon it as if before him for first 
 
 time. (Va. IV 76.) 
 
 It' lull contains several items, governor may object to one or 
 
 inure while approving others and append to bill at time of 
 
 signing statement of parts objected to with reasons and such 
 
 parts not to take effect unless passed over objection. (Wash. 
 
 Ill 12.) 
 If governor disapproves item or section of bill, but approves of ' 
 residue, latter becomes law as if bill signed, and governor 
 returns bill with objections to house of origin which enters 
 objections on journal and reconsiders part not approved. Pro- 
 ceedings same as if entire bill returned and, if part disap- 
 proved passed by two-thirds of each house, to become part of 
 
 law. (S.C. IV 23.) 
 I ' ■ i iver Veto 
 
 Reconsideration 
 In Q( in i a\ 
 
 Reconsidered first by house in which bill originated; if 
 repassed; sent, with governor's objections to other house. 
 i/.. V 7; Ark. VI 15; Cal. IV 16; Colo. IV 11; Conn. 
 IV 12; Del. Ill IS; Ida. IV 10; 111. V 16; Ind. V 14; 
 [owa III 16; Ky. 88; La. 76; Me. IV Pt. Ill 2; Md. II 
 17: Mass. Pt. II Ch. I Sec. I 2; Mich. V 36; Minn. IV 
 11; Miss. IV 72; Mo. IV 39; Mont. VII 12; Xebr. V 15; 
 Nev. IV 35; X.H. II 43; X.J. V 7; X.M. IV 22; N.Y. 
 IV !>; \.D. || 79; Ohio II 16; Okla. VI 11; Ore. V 15; 
 Pa. IV L5; R.I, Amend. XV; S.C. IV 23; S.D. IV 9; 
 I'tm. m 18; Tex. IV 14; Vt. II 11; Va. V. 76; Wash. 
 Ill 12; W.Va. VII 14; Wis. V 10; Wyo. IV 8.)
 
 IxitKx Digest *•">:> 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Passage over Veto (Cont'd) 
 Reconsideration (Cont'd) 
 In General (Cont'd) 
 
 Reconsidered first by lower house; if repassed, Bent, with 
 
 governor's Objections, to senate. (Kan. Jf 14.) 
 If governor's message proposes no amendment to remove liis 
 objections, bouse in which bill originated proceeds to 
 reconsider; if bill repassed, to l>e sent to other bouse for 
 reconsideration. (Ala. V 125.) 
 When Amendment Proposed by, Governor 
 
 House to which bill sent may so amend, and send with 
 governor's message to other house, which may adopt, but 
 cannot amend, said amendment ; both bouses concurring 
 in amendment, bill to be sent again to governor and acted 
 on by him as other bills. If house to which bill returned 
 refuses such amendment, it proceeds to reconsider; if 
 bill approved, to be sent with objections to other house 
 for reconsideration. If house to which 1 > 1 1 1 returned makes 
 such amendment, and other bouse refuses to pass same, 
 latter house to reconsider as though bill had originated 
 
 therein. (Ala. V 125.) 
 Limitation on Time of Voting 
 
 Not to be on same day on which bill returned to either house. 
 
 (Del. Ill IS; X..I. V 7.) 
 Manner of Voting 
 
 By yeas and nays. (Ala. V 125; Ariz. V 7; Ark. VI 15; Cal. 
 
 IV 16; Colo. IV 11; Conn. IV 12; Del. Ill IS; Ida. IV 10; 
 111. V 16; Iowa III 16; Kan. II 14; Ky. SS; La. 76; Me. IV 
 Pt. Ill 2; Md. II 17; Mass. Pt. If Ch. I Sec. I 2: Mich. \ 36; 
 Minn. IV 11; Miss. IV 72; Mo. IV 3!) ; Mont. VII 12; N.I,, 
 
 V 15; Nev. IV 35; N.H. IT 43; N.J. V 7; X.M. IV 22; N.Y 
 IV 9; N.D. Ill 79; Ohio II 16; Okla. VI 11; Ore. V 15; Pa 
 
 IV 15; R.I. Amend. XV; S.C. IV 23; S.D. IV 9; Tenn. Ill 18 
 Tex. IV 14; Utah VII 8; Vt. II 11; Va. V 76; Wash. Ill 12; 
 VV.Va. VII 14; Wis. V 10; Wyo. IV 8.) 
 
 Affirmative Vote Required 
 
 Emergency measures, See below, this title, Kmfroexc v Meas- 
 ures. 
 In each house, majority of all members elected thereto. (Ala. 
 
 V 125; Ark. VI 15; Ind. V 14; Ky. 88; Tenn. TTT 18.) 
 
 In each house, majority of whole number thereof. (X..1. V 7.) 
 In each house, majority of all members to which entitled. 
 
 (W.Va. VII 14: VI 32.) 
 In each house, three-fifths of members preseiH ami voting. (R.I. 
 
 Amend. XV 1.) 
 In each house, three-fifths of members elected thereto. (Del. 
 
 Ill 18; Md. II 17; Xehr. V 15.) 
 In each house, three-fifths of members elected thereto: but not to 
 
 be repassed by smaller vote than required by constitution on 
 
 original passage. (Ohio II 16.)
 
 State < 'mwitutioxs 
 
 LEGISLATIVE PROCEDURE [Cont'd) 
 Passaoi o\ ik Veto I Cont'd) 
 
 Brmative Vote Required (Cont'd) 
 ,„ each house, two-thirds of members present. (Fla. Ill 28; 
 lll:( ,\ to; Mont. \ 11 12; Ore: \' 15; S.fc. IV 9; Tex. IV 
 14; \i. II 11: Wash. HI 12; Wis. V 10.) 
 ,,, ,.. t( .|, htmse, tun-thirds of members present and voting. (N.M. 
 
 IV 22.) 
 
 l„ each house two-thirds of all members present which must con- 
 
 . ,,, majority of all members elected thereto. (Va. V 76.) 
 
 In each house, two-thirds thereof. (Ga. V Sec. I 16; Iowa III 
 
 L6; Me. IV Pi. 1112: Mass. Pt. II Ch. I Sec. I 2; Minn. IV 
 
 ll| Miss. IV 72: X. II. II 43; S. C. IV 23.) 
 1,, each housej two-thirds of all members elected thereto. (Ariz. 
 
 V 7; Colo. IV 11; 111. V 16; Kan. II 14; La. 76; Mich. V 36; 
 
 M,, IV 39; NVv. [V 35; N.V. IV 9; N.D. Ill 79; Okla. VI 11; 
 
 Pa. IV l.V. Itah All S: Wyo. IV 8.) 
 
 Entering Vote on Journal 
 
 h house to enter vote. (Colo. IV 11; Fla. Ill 2S; Ida. 
 I\ 10; 111. V 16; Kan. II 14: Mont. VII 12; Nebr. V 15; 
 X.M. IV 22; W'.Va. VII U.) 
 Each house to enter names of members voting. (N.Y. IV 9; 
 
 Okla. VI 11.) 
 Each house to enter names of those voting for and against. 
 (Ala. V 125; Ark. VI 15; Conn. IV 12; Del. Ill 18; Ky. S8; 
 La. 76; Me. IV Pt. Ill 2; Md. II 17; Mass. Pt. II Ch. I Sec. 
 I 2: Mich'; V 36'; Minn. TV 11; Miss. IV 72; N.H. II 43; N.J. 
 \ 7: X.l>. U 79; Ohio II 16; Ore. V 15; Pa. IV 15; K.I. 
 Amen,]. X\ : S.C. IV 23; S.D. IV 9; Term. Ill 18; Tex. IV 14; 
 \ i. II 11 : Va. V 76; Wash. Ill 12; W.Va. Ill 18; Wis. V 10.) 
 
 Filing of Acts After Approval 
 
 To lie hied with secretary of state. (Conn. IV 12; Minn. II 11; 
 
 N.M. IV 22; Ohio II 16.) 
 
 Co be filed with secretary of state after final action by governor or 
 
 following adoption, notwithstanding his objections. (Ariz. V 7.) 
 
 Bill, when passage over veto certified to by presiding officer of each 
 
 house, to he deposited in office of secretary of state and to become 
 
 law as if signed. (Mo. IV 39.) 
 1 1 mi. \\ 1 1 in Act Takes Effect 
 
 Acts Adopted by Initiative or Referendum, See Initiative and 
 
 Referendum. 
 Joint Resolutions, See bclov, this lillc, Joint Resolutions. 
 Upon What Authority Depending, See Laws — Taking Effect of. 
 General Rule 
 
 Not until published and circulated in counties by authority. 
 
 (Ind. IV 28.) 
 Not until promulgated; laws to be considered promulgated 10 
 
 days aftet publication in stale journal. (La. 42.) 
 \.. general law to be in force until published. (Wis. VII 21.)
 
 Index Digest 958 
 
 LEGISLATIVE PROCEDURE [Cont'd) 
 
 Time When Act Takes Effect (V6nt\f) 
 General Rule (Cont'd) 
 
 To be prescribed by legislature'; no law of general nature to be 
 
 in force until published. (Kan. II 19.) 
 No bill except bills i,, provide for public peace, health or safety, 
 or the codification and revision of the laws, in become law 
 
 unless printed. | \'.M. IV L5.) 
 Xot until first day of June next after Bession at which passed. 
 
 (Md. Ill .".l.i 
 Xot until first day of July next after passage. I 111. I V 13.) 
 Xot until first day of July after close osf session (N.D. II 67.) 
 Xo law of public nature to fake effed until the fourth day of 
 
 July next after passage. (Iowa III 26.) 
 Xot until 40 days after passage: (Tenri. 11 20.) 
 No law of genera] nature, unless therein otherwise provided, to 
 
 be in force until GO days after passage. (Miss. IV 75.) 
 Not until 60 days from final adjournment of session at which 
 
 enacted. ( Fla. Ill 18; Ida. Ill 22.) 
 Not until published, nor until 60 days after adjournment 
 
 of session at which passed. (Utah VI 25.) 
 Not until three calendar months after adjournment of session 
 
 at which passed. iXebr. Ill 24.) 
 Not until expiration of 90 days after passage. (Colo. V 19; 
 
 W.Va. VI 30.) 
 Not until 90 days after adjournment of session at which 
 enacted. (Ariz. IV Pt. I 1; Ky. 55; Me. I V Pt. Ill 16; -Mich. 
 V 21, 1; Mo. TV 36; N.M. 1 V 23; Okla. Y 58; Ore. IV 28; 
 S.D. Ill 22; Tex. Ill 39; Ya. IV .13; Wash. II 31.) 
 Not until 90 days after filed by governor in office of secre- 
 tary of state. (Ohio II 1 c.) 
 
 Exceptions 
 
 For laios adopted by people. See Initiative and Referendum. 
 When otherwise provided in act. (Fla. Ill 18; Md. Ill 31; 
 
 Miss. IV 75.) 
 
 When legislature by vote of two-thirds of all members elected 
 
 to each house otherwise directs. (Colo. V 19; Utah VI 25.) 
 
 If legislature by vote of two-thirds of members elected to each 
 
 house, taken by yeas and nays, otherwise directs. (W.Va. 
 
 VI 30.) 
 If legislature deems law of immediate importance, it may pro- 
 vide that same shall take effect by publication in newspapers 
 
 in state. ( Iowa III 26.) 
 In case of emergency. (See below, this title, Emergency Meas- 
 ures.) (Ariz. IV Pt. I 1; Ida. HI 22; 111. IV 13; Ind. IV 
 2S: Ky. 55; Me. IV Pt. Ill 16; Mo. [V 36; Nebr. Ill 24; 
 X.I). II 67: 11 25 11914); Ohio II 1 d; Ore. IV _'s : S.D. Ill 
 22; Tex. Ill 39; Ya. [V 53; Wash. II 31.) 
 When law or caption shall slate that public welfare requires 
 taking effect sooner. (Tenn. II 20.)
 
 Si a ri' ( '«»\-i in rio-\s 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 
 Timi: Whbb a« i Takes Effect (Cont'd* 
 Exceptions (Cont'd) 
 
 . n [or the preservation of public peace, health or 
 Bafety, to take effect immediately upon passage and approval, 
 provided it be passed by a two-thirds vote of each house. 
 
 (N.M. IV 23.) 
 immediatelj necessary for preservation of public peace, 
 health and safety may be given immediate effect by two-thirds 
 vote of members elected to each house. (Mich. V 21.) 
 Appropriation bills. (Wash. II 31.) 
 
 General appropriation bills. (Ky. 55; Mo. IV 36; Okla. V 58; 
 
 Tex. Ill 39 j Va. IV 53.) 
 
 Acts making appropriations may be given immediate effect by 
 
 two-thirds vote of members elected to each house. (Mich. V 
 
 1, 21.) 
 General appropriation laws to go into effect immediately upon 
 
 passage and approval. (X.M. IV 23.) 
 General appropriation acts or acts appropriating money for ex- 
 penses of legislature. (La. 42.) 
 Bills appropriating money for business purposes or for payment 
 
 of salaries fixed by law. (Me. IV Pt. Ill 16.) 
 Vets providing appropriations for support and maintenance of 
 departments of state and of state institutions. (Ariz. IV 
 
 .Pt. I 1.) 
 Law- providing for tax levies and for appropriations for current 
 i - of -i ate government and state institutions to go into 
 immediate effect. (Ohio II I d.) 
 When Passed in Special Session 
 
 Ninety days after adjournment of legislature by which passed. 
 
 (Iowa III 26.) 
 Emergency Me \m kks 
 
 also Initiative and Referendum. 
 Scope 
 
 Law- necessary for immediate preservation of public peace, 
 alth or safety. (Ariz. IV Pt. I 1; Me. IV Pt. Ill 16; N.D. 
 II 'J:. (1914) ; Ohio II 1 d; Okla. V 58.) 
 
 Subjects Excluded 
 
 [nfringement of right of home rule for municipalities; fran- 
 chise or right of corporation or individual to extend longer 
 than one year; provision for sale or purchase, or for rent 
 for more than five years, of real estate. (Me. IV Pt. Ill 16.) 
 Granting of franchises or license to corporation or individual to 
 extend longer than one year; provisions for purchase or sale 
 of peal property, or for renting or incumbrance of same for 
 longer term than one year. (Okla. V 58.) 
 How Determined 
 
 Bj vote nf majority of members elected to each house, taken by 
 
 yeas and nays. (Ky. 55.)
 
 Index Digest 857 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Emergency Measures (Cont'd) 
 How Determined (Cont'd) 
 
 By vote of two-thirds of all members elected to each house. 
 (Ariz. IV Pt. I 1; 111. IV l::, Mr. IV Pt. Ill 16; Nebr. Ill 
 
 24; Okla. V 58; S.D. Ill 22.) 
 
 (By vote of two-thirds Of members present in each house.) By 
 
 vote of two-thirds of all members elected to each house on 
 
 separate roll call. (N.D. II 67, 11 25, 1914.) 
 
 By vote of two-thirds of all members elected to each house, 
 
 taken by yeas and nays and entered upon the journal. ( Mo. IV 
 
 36; Tex. Ill 39; Wash. II 31.) 
 By vote of two-thirds of all members elected to each house:, 
 section stating reasons for emergency to be passed upon yea 
 and nay vote on separate roll call. (Ohio II 1 d. ) 
 By vote of four-fifths of members voting in each house, taken 
 by yeas and nays, and names of members voting for and 
 against entered on journal. (Va. IV 53.) 
 Statement of Emergency 
 
 To be expressed in act. (Colo. V 19; Okla. V 58.) 
 To be expressed in body of bill. (Va. IV 53.) 
 To be stated in separate section. (Ariz. IV Pt. I 1.) 
 Reasons therefor to be set forth in one section. (Ohio II 1 d. ) 
 To be expressed, with facts constituting, in preamble of act. 
 
 (Me. IV Pt. Ill 16.) 
 
 To be declared in preamble or body of act. (Ida. Ill 22; 111. 
 
 IV 13; Ind. IV 28; Mo. IV 36; Nebr. Ill 24; Ore. IV 28; 
 
 S.D. Ill 22; Tex. Ill 39.) 
 
 Necessity for becoming operative immediately and facts creating 
 
 same to be stated in one section of bill. ( Emergency to be 
 
 expressed in preamble or body of act.) N.D. II 25 (1914), 
 
 II 67.) 
 Reason for emergency to be set out at length in journal of each 
 
 house. (Ky. 55.) 
 Veto 
 
 May be vetoed. (Okla. V 58.) 
 Passage Over Veto 
 
 By vote of three-fourths of each house. (Okla. V 58.) 
 By affirmative vote of three-fourths of members elected to each 
 house, taken by roll call of ayes and nays. (Ariz. IV Pt. I 1.) 
 Time When Effective 
 
 To go into immediate effect. (Ohio II 1 d.) 
 When approved by governor. i Ky. 550 
 
 As directed by legislature. (Mo. IV 36$ Nebr. Ill 24; Tex. Ill 
 
 39.) 
 As directed by legislature: if upon aye aiid no vote in each 
 house two-thirds of all members elected vote in favor of law 
 going into instant operation, to become operative upon ap- 
 proval by governor. (X.I). II 07, II 25 1914.)
 
 Stati l <>\-M I l I IONS 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 
 SOLD 1 IONS 
 Origin and Amendment 
 
 Order or resolution may originate in either house, but may be 
 amended or rejected by other. (Me. IV Pt. Ill 9; Md. Ill 
 
 27.) 
 Introduction of, After Rejection 
 
 If defeated by either house, no resolution containing same sub- 
 stance to be passed during same session. (Tex. Ill 34.) 
 No ordinance or resolution intended to have effect of law, if re- 
 dd by either house, to be again proposed in same house 
 (lining same session under same or any other title, without 
 consent of majority of house by which rejected. (La. 38.) 
 No ordinance or resolution intended to have effect of law, if. re- 
 ed in cillicr house, to be again proposed during same ses- 
 sion under same or any other title without consent of two- 
 
 thirds of I se by which rejected. (Ga. Ill Sec. VII 13.) 
 
 Entering on Journal 
 
 Hills and joint resolutions to be described by title and number. 
 
 (W.Va. VI 41.) 
 Readings 
 
 Each concurrent resolution to be read at large on three different 
 
 days in each house. (Nebr. Ill 11.) 
 In 1»" publicly read at length after passage, but may be dis- 
 pensed with by two-thirds vote of quorum present. (Okla. 
 
 V 35.) 
 
 To be read on three different days in each house, but either 
 
 hen-,, may provide by rule for first and third readings by title 
 
 only. (S.C. Ill 18.) 
 Titles t" be read after passage immediately before signing. (Pa. 
 
 Ill ": S.I). Ill 1!) : Tex. Ill 38.) 
 i" '"■ publicly read in full after passage and fact of reading 
 entered on journal. (N.M. IV 20.) 
 Passage 
 
 [uirements same as in ease of bills. See above, this title, 
 Passagi of Bills. (Ala. IV 66; Ariz. IV 12; Colo. V 26; 
 Del. II Hi: Fla. Ml 17; End. TV 25; Kan. II 13; Md. Ill 28; 
 Mont. V 27; Nebr. Ill 11; Xev. IV 18; N.D. II 66; Ohio II 
 27; Okla V 35; Die IV 25; 1'a. Ill 0; S.C. Ill 18; S.D. Ill 
 1": lex. Ill 38; Utah VI 24; Wyo. Ill 28.) 
 Approval of Governor Required 
 Gem ml Rule 
 
 '" '"' I'" ertted to governor and before same takes effect, 
 to be approved by him, or, being disapproved, to be re- 
 passed h\ legislature as prescribed in case of bills. (Kan. 
 'I 1*5 Mo. V It: X.I1. I] 44; Okla. VI 11; S.C. IV 23; 
 
 Tenn. Ill 18.) 
 
 Every vote, order or resolution requiring concurrence of 
 
 Hi houses, to be presented to governor and before same
 
 Indkx I>h;kst $50 
 
 LEGISLATIVE PROCEDURE (Cont'd) 
 Joint Resolutions [Cont'd) 
 
 Approval of Governor Required (Cont'd) 
 General Rule (('out'//) 
 
 takes I'll'rrt, In- ;i ] ipn >\ cd by him ( ir being disapproved, be 
 repassed by legislature as prescribed in case of bills, i Ala. 
 
 V 125; Ark. VI 16; Colo. V 39; Deli III ls ; G&i V Sec. I 
 17; Ky. 89; La. 78; Me. IV Pt. I II 2 ■ M inn. 1 1 12; Mont. 
 
 V 40; Nebr. V 15; Pa. Ill 26; R.I. A nd. XV 1: Term. 
 
 III 18; Tex. IV 15; Uyo. Ill 41.) 
 Exceptions 
 
 Joint resolution on question of adjournment. (.Mo. V 14; 
 
 S.C. IV 23.) 
 Order, resolution or vote on question of adjournment. (Ala. 
 
 V 125; Ark. VI 16; Colo. V 39; Del. II! 18; Ga. V Sec. I 
 17: Kv. 89; La. 78; Me. IV Pt. Ill 2; Minn. IT 12; Miss. 
 
 IV 00; Mont. V 40; Xel.r. V 15; Pa. Ill 26; R.I. Amend. 
 XV 1; Tenn. TIT IS; Tex. IV 15; Wyo. II \ 41.) 
 
 1 Order, resolution or vote on matters of parliamentary pro- 
 
 ceeding. ( La. 78.) 
 Resolution or vote on matters of either or both houses. 
 
 (R.I. Amend. XV I.) 
 Order, resolution or vote on question relating solely to 
 transaction of business of the two houses. (Colo. V 39; 
 Minn. II 12; Mont. V 40; Wyo. Ill 41. i 
 Vote, resolution or order on question of election. (Ga. V 
 
 Sec. I 17.) 
 Vote, order or resolution on question of bringing on of elec- 
 tions. (Ala. V 125.) 
 Resolution on question of amending constitution. (Ala. V 
 
 125; Miss. IV 60; Mo. V 14; R.I. Amend. XV 1.) 
 Order, resolution or vote on address for removal from office. 
 
 (La. 78.) 
 As otherwise provided in constitution. ( Ky. 89.) 
 Orders, votes and resolutions of both houses affecting pre- 
 rogatives and duties thereof, or relating to investigations 
 of public officers and the like; such resolutions, orders and 
 votes may empower legislative committee to administer 
 oath, to send for persons or papers and generally make 
 legislative investigations effective. (Miss. IV 60.) 
 Time When Effective 
 
 Joint resolutions, except such orders or resolutions as pertain 
 solely to facilitating performance of business of either house 
 or of any committee or office thereo|, not to take effect until 
 90 davs after recess of legislature by whieh passed. (Me. 
 
 IV Pt. Ill 16.) 
 Not to Repeal or Alter Law 
 
 Xo resolution to have effect of repealing, altering or extending 
 
 anv law. ( Mo. V 14.)
 
 State Constitutions 
 
 LEGISLATURE 
 
 olKNMKNT 
 
 By Governor in Absence of Quorum 
 
 If either house remain without quorum for five days governor 
 m adjourn to time not beyond date of next annual session. 
 
 (S.C. IV 16.) 
 
 By Both Houses 
 
 Mn jointly adjourn to any future day or other place. (N.C. 
 
 II 22.) 
 
 By Less Than Quorum, Sec below, this title, Quorum — Powers of 
 
 Smaller Number. 
 
 By One House 
 
 Each house to have power to adjourn itself, but not for more 
 than two days at time. (Mass. Pt. II Ch. I Sec. II 6, 
 
 III 8; N.H. II 18, 35.) 
 
 Each house to sit upon its own adjournments. (Ida. Ill 9; 
 
 In.!. I\ 10; Iowa III 9; Minn. IV 4; Ore. IV 11; Vt. II 14.) 
 
 Each house to sit upon own adjournments from day to day. 
 
 (N.C. II 22; Tenn, II 11.) 
 By One House Without Consent of Other 
 
 Nol for more than two days. (N.Y. Ill 11.) 
 Nol for more than two days. Sundays excepted. (Kan. II 10.) 
 Not for more than three days. (Nebr. Ill 8; Wis. IV 10.) 
 Not for more than three days nor to any other place. (Ga. Ill 
 
 Sec. VII 24; Va. IV 46.) 
 Not for more than two days nor to any other place than that in 
 
 which house sitting. (Me. IV Pt. Ill 12.) 
 
 Nol for more than two days or to any other place than that in 
 
 which both houses sitting. (111. IV 10; Mo. IV 23; R.I. IV 9.) 
 
 Not for more than two days (Sundays excepted) nor to any other 
 
 place than that at which the two houses in session. (Ohio 
 
 II 14.) 
 
 Nol for more than three days nor to any other place than that 
 
 in which it may be sitting. (Ariz. IV Pt. II 9; Cal. IV 14; 
 
 Id;,. Ill !>; Ky. 41; La. 35; Ore. IV 11; S.C. Ill 21; Utah VI 
 
 15.) 
 
 Nol for more than three days nor to any other place than that 
 
 in which they may be sitting, except as otherwise provided in 
 
 constitution. (Ala. IV 5S.) 
 Nol for more than three days nor to. other place than that at 
 which house- may he sitting, without concurrent vote of two- 
 thirds of members present. (Md. Ill 25.) 
 Nol for more than three days, nor to any other place than that 
 in which the houses sitting. (Ark. V 28; Colo. V 15; Del. TI 
 L2; Iowa III 14; Mich. V IS; Miss. IV 57; Mont. V 14; Ncv. IV 
 15; N.J. IV Sec. IV 5 ; Okla. V 30; Pa. II 14; S.D. Ill 16; 
 Tenn. II 16; Tex. Ill 17; Vt. II 6; Wash. II 11; W.Va. VI 
 
 23; Wyo. Ill 15.) 
 Not for more than three days or to any other town than that 
 in which they may be holding their session. (Fla. Ill 13.)
 
 Index Digest 861 
 
 LEGISLATURE (Cont'd) 
 Adjournment ( Con t'd ) 
 
 By One House Without Consent of Other {Cont'd) 
 
 Not for more than three days nor to any other place than that 
 
 in which the two houses sitting, except in case of epidemic, 
 
 pestilence or other great danger. (X.D. II 51.) 
 
 Not for more than three days, Sunday excepted, nor to any other 
 
 place than that where the two houses sitting. (Minn IV 6; 
 
 N.M. IV 14.) 
 Place 
 
 May adjourn to some other piace when public safety or welfare, 
 
 or safety or health of members, requires. (W.Va. VI 21.) 
 In case of invasion or violent epidemics, may adjourn to place 
 other than seat of government, but all departments of govern- 
 ment to be removed to same place; removal not to continue 
 longer than necessity for same continues. (Fla. XVI 10.) 
 In case of danger from enemy or disease, governor may adjourn 
 
 to other place of safety. (Ark. VI 20.) 
 Governor may adjourn to another place when public safety or 
 welfare, or safety or health of members requires, but two- 
 thirds of all members elected to each house must concur. 
 
 (Okla. VI 14.) 
 
 If houses disagree, governor may, on facts certified to him by 
 
 either house, adjourn to such place as he thinks proper. (R.I. 
 
 VII 6.) 
 Sine Die 
 
 To adjourn sine die not later than first Wednesday after the 
 first Monday in June following organization. (Corln. Amend. 
 
 35.) 
 To adjourn without day at such time as agreed by concurrent 
 
 resolution, at twelve o'clock noon. (Mich. V 13.) 
 Adjournment or recess taken by legislature for more than three 
 days to have effect of and be adjournment sine die; adjourn- 
 ment for three days or less to be construed as not interrupt- 
 ing session. (Mo. IV 21, 22.) 
 Time in General 
 
 Governor, with advice of council, may prorogue legislature from 
 
 time to time, not exceeding 90 days in any one recess; 
 
 during session he may adjourn or prorogue to time desired 
 
 by both houses. (Mass. Pt. II Oh. II Sec. I 5; X.H. II 49.) 
 
 On day of final adjournment, to adjourn twelve o'clock noon. 
 
 (X.M. IV 14.) 
 Time, if Houses Disagree as to 
 
 Governor may adjourn either or both. (Ga. Ill Sec. VII 24.) 
 Governor may adjourn to such time as he may think proper. 
 
 (Vt. II 6.) 
 
 Governor may adjourn to time not beyond day of next regular 
 
 session. (Cal. V 11; Conn. TV 7; Fla. TV 10; Iowa IV 13; 
 
 Kan. I 6; Me. V Pt. I 13; Miss. V 121; Nev. V 11; Ohio 
 
 in 9; S.C. TV 16; Utah VII 7.)
 
 State ( '<>nsti nmoxs 
 
 LEGISLATURE 
 
 UUOURK MEN! ' 
 
 Time, if Houses Disagree as to (Vont d) 
 
 ,, vemoI mayi a facte certified to him by priding officers of 
 houses, adjourn to tin* not beyond clay of next meetmg. 
 
 ,,,„„. mayj if facts certified to him by presiding officer of 
 house ftrstmoving adjournment, adjourn to time not beyond 
 da 3 of uext regular session. I 111. V 9; Okla. VI 14.) 
 Governor, on facts certified to him by house first moving ad- 
 journment, vm adjourn to time not beyond day of next regu- 
 lar session. (Nebr. V 9.) 
 eroo r n.av. on facts, certified to him by house last moving 
 adjournment, adjourn to time not later than next regular 
 
 session. (Colo. IV 10.) 
 
 Governor may. on fads certified to him by either house, adjourn 
 
 to time nut beyond day of next regular session. (R.I. VII 6.) 
 
 ( tovernor ma\ adjourn to time not exceeding three months. (Del. 
 
 Ill 16.) 
 
 Governor mav adjourn to time not exceeding four months. (Ky. 
 
 80; Pa. IV 12.) 
 1, bouses disagree with respect to necessity, expediency or 
 time, governor may. on advice to council, adjourn or prorogue 
 nut exceeding 90 days. (Mass. Pt. II Ch. II Sec. I 6.) 
 [f houses disagree as to time or place, governor, with advice of 
 council, may adjourn or prorogue not exceeding 90 days 
 at any one time; governor to dissolve senate seven days before 
 beginning of next regular session. (N.H. II 42.) 
 When Sitting on Impeachment, See Impeachment — Trial. 
 Ami.mi.mk.m of (oxstitition. See Amendment or Revision of Con- 
 stitution. 
 
 Apportionment of Mdembi 
 
 Number of Members, See below,, Hum title, Members — Number. 
 Based on 
 
 population. (Ky. 33.) 
 
 Population, determined by United States censu^s. (Ga. Ill 
 Sec. II 1, Sec. Ill 2; 111. IV G, 7; La. 18, 19; Mich. V 4; Pa. 
 
 II 18; W.Va. VI 4, 7.) 
 
 Population determined by United States census (lower house); 
 
 representation by counties in senate. (N.J. IV Sec. Ill 1, 
 
 Sec. II 1.) 
 
 Population determined by United States census (senate) ; rep- 
 
 resentation by towns in lower house. (Conn. Amend. XXXI 
 
 2, XVIII.) 
 
 Population determined bj United States census; if such census 
 
 no! taken, or delayed, then on basis of state census. (Mo. 
 
 IV 7.) 
 Numli'i uf inhabitants as ascertained by United States census; 
 it decennial census of United States not taken or not full and 
 •i:uiui\. legislature may provide for enumeration of in-
 
 Index Digest >i'»:; 
 
 LEGISLATURE (Cont'd) 
 
 AiTORTio.NMK.vr of Members (Ooht'd) 
 Based on (Cont'd) 
 
 habitants upon which to make apporti nentj representation 
 
 to be based on population, and such basis nol to be changed 
 by constitutional amendment. (Ala. IX 198, 200, 201, Will 
 
 284.) 
 
 Population, determined by United States census or in such man 
 ner as legislature may direct. (Ohio XI 1, 6; Okla. \ !t a, 
 
 10 c.) 
 
 Population determined by United States census or by enumera- 
 tion made under authority of state (lower house); represen- 
 tation by counties in senate. (Md. Ill 4, 2.) 
 
 Population determined by census taken by United States or 
 state (lower house); representation by towns and eities in 
 senate. (R.I. VI 1. Amend. XII 1 1.) 
 
 Population determined by United States census or by enumera- 
 tion made under authority of slate (senate); representa- 
 tion by towns in lower bouse. (Vt. II 18, 13.) 
 
 Population determined by census under authority of state and 
 by United States census. (Colo. V 45; Iowa ill 34, •'!•">; Mont. 
 VI 2; Nev. XV 13, I 13; N.I). II 35; Utah IX 2; Wyo. Ill 
 
 Apportionment 2.) 
 
 Number of inhabitants, determined by enumeration under au- 
 thority of state, but legislature may adopt United States 
 census as basis. (Lower house.) Each county/ to have one 
 member (senate). Representation in lower house to be appor- 
 tioned according to population. (S.C. Ill 3. (J, 1 2.) 
 
 Population determined by census under authority of state and 
 by United States census (lower house) ; representation by 
 counties in senate. (Mont. VI 2, 4, V 4.) 
 
 Population determined by census taken by United States or 
 state (lower house). In forming senatorial districts as 
 nearly equal as may be, they shall govern themselves by the 
 proportion of direct taxes paid by the said districts. (N.H. 
 
 II 9, 25.) 
 
 White population, determined by census made by state or United 
 
 States. (Ore. IV 6.) 
 
 Number of adult male inhabitants determined by enumeration 
 made by state. (Ind. IV 5, 4.) 
 
 Number of adult male inhabitants determined by United States 
 census or census under authority of state. (Ark. VIII 1, 2, 4.) 
 
 Number of legal voters determined by enumeration made by 
 state. (Mass. Amend. 21, 22.) 
 
 Number of qualified voters determined by enumeration made by 
 
 state. (Tenn. II, 4, 6.) 
 
 Number of qualified electors (senate) ; population determined 
 by United States census (lower house) 1 . (Tex. Ill 25, 26.) 
 
 Census made by state; lower house to admit one member for 
 each county in which at least 250 legal votes were cast at 
 next preceding general election. (Kan. X 2, 3, II 2.)
 
 S : ATE CONSTITUTIONS 
 
 LHG1SLATURE (Cont'd) 
 
 \, OF MEMBEES (Cont'd) 
 
 Based on (Cont'd) 
 
 Population determined by United States census, excluding per- 
 sons ii"t eligible to become citizens of the United States under 
 naturalization laws. (I'al. IV 6.) 
 Inhabitants, excluding aliens, ascertained by enumeration made 
 
 by state. (N.Y. Ill 4, 5.) 
 
 Population, exclusive of Indians not taxable, determined by 
 
 enumeration under authority of state and by United States 
 
 census. (Minn. IV 2, 23.) 
 Number of inhabitants, exclusive of aliens and Indians not taxed, 
 
 itained by United States census. (N.C. II 4, 5, 6.) 
 Number of inhabitants exclusive of foreigners not naturalizeu 
 and Indians not taxed, determined by enumeration made by 
 state ( lower house). Number of inhabitants (senate). (Me. 
 
 IV Pt. I 2, Pt. II 2.) 
 Number of inhabitants determined by United States census, ex- 
 cluding Indians not taxed, soldiers and officers of United 
 States arm\ and navy. (Wis. IV 3.) 
 Number of inhabitants, exclusive of Indians not taxed and 
 soldiers and officers of the United States army and navy, de- 
 termined by enumeration made by state and also by United 
 States census. (Nebr. Ill 2; S.D. Ill 5.) 
 Number of inhabitants, determined by enumeration made by 
 state and by United States census, excluding Indians not 
 taxed, soldiers, sailors and officers of United States army and 
 navy in active service. (Wash. II 3.) 
 By Whom Made 
 
 Legislature, (Ala. IX 199, 200; Ark. VIII 4; Fla. VII 3; 
 lnd. IV 5; Ky. 33; La, IS; Mass. Amend. XXI, XXII; Mich. V 
 I; Monl. VI 2; N.H. II 9, 25; N.J. IV Sec. Ill; N. M. IV 41; 
 N.C. II :>; X.D. 11 35; R.I. Amend. XIII 1; S.C. Ill 3; S. D. 
 Ill 5; Tex. Ill 2S; Utah IX 2; Vt. II 18 (senate) ; Va. IV 55; 
 W.Va. VI -I; Wyo. Ill Apportionment 2.) 
 Bj legislature, subject to review by supreme court at suit of 
 an;, riu/.en under such reasonable regulation' as legislature 
 nia\ pi escribe. ( N.Y. Ill 4, 5.) 
 
 [islature, subjeel to approval of governor as bills are ap- 
 proved; and subjeel to review by supreme court at suit of 
 an\ (in/en. under such rules and regulations as legislature 
 may prescribe. Apportionment cases to have precedence. 
 
 (Okla. V 10 i.) 
 K\ legislature; in ease of failure or refusal to district state 
 foi senators, the governor, secretary of state or attorney- 
 aerol to perform said duties within 30 days after ad- 
 journment of legislature, ( Mo. IV 7.) 
 Bj governor. ( \ld. ill 5.) 
 
 Governor, auditor and .secretary of state, or any two of them. 
 
 (Ohio XI 11.)
 
 Index Digest 865 
 
 LEGISLATURE (Cont'd) 
 
 Appobtionment of Members (Cont'd) 
 Frequency 
 
 Every five years. (Kan. X 2.) 
 
 Every ten years. ( Fla. VI] 2; III. [V 63 K\. 33; Midi. V I; 
 
 Ohio XL 1; Term, 111; Va. IV 13.) 
 pecenniaUy or when new county established; apportionment not 
 to take effect until general election nexl succeeding. (S.C. Ill 
 
 3, 5. I 
 To be made after every United Stales census, (Ala. IX L99, 
 
 200; Oa. Ill Sec. II 3; N.J. IV See. Ill; P a . || 18; Tex. Ill 28; 
 
 W.Ya. \'J 4.) 
 
 To be made at first regular session after each United States 
 
 census. (Cal. IV 6; La. IS; Miss. XIII 256.; X.C. II 4, 5; 
 
 Okla. V 9 b.) 
 May be made at session next after completion of United States 
 
 census. (Conn. Amend. XXXI 2.) 
 To be made at first session after each decennial enumeration of 
 inhabitants made by state. (Mass. Amend. 21, 22; X.Y. Ill 
 
 4, 5.) 
 To be made after each enumeration of inhabitants made by stale 
 
 within every period of at most 10 years. (Me. IV l't. I 2.) 
 
 To be made at session next following enumeration of inhabitants 
 by United States or by state. (Ark. VIII 4; Md. Ill 5; Ore. 
 
 [V 6.) 
 
 To be made after each United States census or after census taken 
 by state for purpose of such apportionment (senate)- (Vt. 
 
 If IS.) 
 
 To be made at first session after United States census, or after 
 state census if United States census not taken every tenth 
 
 year or delayed. (Mo. [V 7.) 
 
 May be made by legislature after any new census taken by 
 United States or by state. (R.I. Amend. XIII 1.) 
 
 To lie made at first regular session field after taking of decennial 
 census by state and after United States census. (Colo. V 45; 
 Iowa III 34, 3G; Minn. IV 23; Mont. VI 2: Nebr. HI 2; Utah 
 IX 2; Wash. II 3; YVyo. HI Apportionment 2.) 
 
 To be made after each decennial enumeration to he made by leg- 
 islature and also after each federal census; and at any regular 
 session, legislature may redistrict state and apportion senators 
 and representatives. ( X\D. II 3.1.) 
 
 Lower House 
 
 Among counties according to number of inhabitants, each county 
 to be entitled to at least one representative: to be as prescribed 
 in constitution until apportionment made. (Ala. IX l!»s. 199, 
 
 202.) 
 
 Among counties as prescribed until otherwise provided by law. 
 
 (Ariz. IV l't. IT 1.) 
 
 28
 
 State Constitutions 
 
 LEGISLATURE (Cont'd) 
 
 OF MEMBEBS (Cont'd) 
 Lower House (Cont'd) 
 
 Among counties according to number of adult mule inhabitants, 
 
 ■.,, h county to be entitled to at least one representative; 
 
 2,000 to be taken as ratio until maximum number of rep- 
 
 resentatives reached, when ratio to be increased from time to 
 
 time. To be as prescribed in constitution until apportionment 
 
 made. (Ark. VIII 1.) 
 State to be divided into SO districts, as nearly equal in popu- 
 lation as may be, and composed of contiguous territory; each 
 district fleeting one representative; to be numbered from one 
 to 80, commencing at northern boundary and ending at 
 southern boundary. No county, or city and county, to be 
 divided unless containing sufficient population to form two 
 or more districts, nor shall a part of any county or of any 
 eity and county be united with any other county, or city and 
 county, in forming any district. Persons ineligible to become 
 citizens of United States under naturalization laws not to be 
 counted in estimating population. Existing apportionment to 
 be in force until reapportionment. (Cal. IV 6.) 
 On basis of populatipn according to ratios to be fixed by law. 
 Districts may be altered from time to time but no county to be 
 divided in the formation thereof; if district contains two or 
 more counties, such counties to be contiguous. To be as pre- 
 scribed in constitution until apportionment made. (Colo. V 
 
 45, 47, 49.) 
 Each town with population of 5,000 to be entitled to 
 two representatives and every other one to be entitled to its 
 presenl representation; newly incorporated town not to be en- 
 titled to a representative unless containing 2,500 inhabitants 
 and unless town from which major portion of territory taken 
 also contains 2,500 inhabitants; new town for purpose of rep- 
 resentation, to be attached to old town until each contains 
 2,500 inhabitants. (Conn. Amend. 15, 18.) 
 State divided into 35 representative districts, , the limits of each 
 district being specified in the constitution, each district to 
 elect one representative. (Del. II 2.) 
 Among counties as nearly as possible according to population; 
 provided, each county to have one representative at large and 
 no county to have more than three representatives. New 
 countj to be entitled to one member in excess of maximum 
 limit until next apportionment. (Ela. VII 3, 4.) 
 Among counties: To the six counties having largest population 
 three representatives each; to the 26 having next larg- 
 est population two representatives each; to remaining coun- 
 ties one representative each. Aggregate number of representa- 
 tives not to be increased in making any apportionment. To 
 be as prescribed in constitution until apportionment made. 
 
 (Ga. Ill Sec. Ill 1, 2.)
 
 Index Digest SG7 
 
 LEGISLATURE (Cont'd) 
 
 Apportionment of Members (Cont'd) 
 
 Lower House {Con I'd) 
 
 As provided by law, but each county to be entitled to one repre 
 sentative; if district contains more than one county , such 
 counties to be contiguous, and no county to be divided in 
 creating district, ( Ida. Ill 4, 5.) 
 
 Three representatives to lie elected in each senatorial district. 
 
 (111. IV 7. s.) 
 
 Among counties according to number of male inhabitants above 
 21 years of age; representative district to he composed of 
 contiguous counties if more than one county included therein. 
 
 (Ind. IV 5, (i.) 
 
 Ratio of representation determined by dividing population by 
 whole number of counties, but. each county to constitute one 
 representative district and be entitled to one representative; 
 each county having population of three-fifths or more of such 
 ratio number in excess of the ratio number to lie entitled to 
 one additional representative, but said addition to extend only 
 to the nine counties having greatest population; if district 
 composed of two or more counties, not to be entirely separated 
 by any county belonging to another district, and no county 
 to be divided in forming a district. (Iowa HI 35, ,'!7.) 
 
 Each organized county to have ai least one representative and 
 each county to be divided into as many districts as it lias 
 representatives. To be as pi-escribed in constitution until 
 apportionment made. (Lower house to admit one member for 
 each county in which at least 250 legal votes were cast at 
 ned preceding genera! election; each organized county in 
 which less than 200 legal votes were cast at such election to 
 be attached to ami constitute part of representative district 
 of county lying next adjacent to it on the east.) (Kan. X 1. 
 
 :!. II 2.1 
 State divided into 100 districts as nearly equal in population as 
 may be wit bout dividing county, except where county 
 may include more than one district. Not more than two coun- 
 ties to be joined together to form a district; provided thai in 
 doing so the number requiring every district to be as nearlj 
 equal in population as may be shall not be violated. If in- 
 equality of population unavoidable, any advantage resulting 
 therefrom to be given to district having largest territory. No 
 part of county to be added to another county to make district, 
 and counties forming district to be contiguous. (Ky. 33.) 
 
 Representation to be equal and uniform and based upon popula- 
 tion, each parish and each ward of New Oilcans to have at 
 least one representative. Representative number to be fixed 
 and each parish and ward of New Orleans to have as many 
 representatives as such representative number is contained 
 in total population thereof, and one additional representative 
 for every fraction exceeding one-half the representative mini-
 
 S 1 A I I Cn.NSTII ITION- 
 
 LEGISLATURE fd) 
 
 A i ■■' Members (Cont'd) 
 
 Lower House {Cont'd) 
 
 lier. Newly created parish to be assigned one representative 
 til mxt apportionment notwithstanding maximum lim- 
 i of total number of members, but if more than one 
 representative in parish' from which larger portion of territory 
 aken for purpose of creating new parish, one of such repre- 
 sentatives may be apportioned to new parish. Present appor- 
 nuiit to remain in force until reapportionment. (La. 
 
 18, 20.) 
 Among counties, as marly as may he, according to number of 
 inhabitants. Each town with 1,500 inhabitants may elect one 
 representative; with 3.700 may elect two; with 0,700 may 
 elect three; with I0..I00 may elect four; with 15.000 may elect 
 five; with may elect six; with 20.250 may elect seven 
 
 hut iKi town to l.e entitled to more than seven. Towns with 
 less than 1,500 to lie formed into districts containing that 
 number so as not to divide towns, each district electing one 
 representative. When number of representatives is 200, dif- 
 ferent apportionment to take place upon the same principle. 
 If town not entitled to representative refuses classification 
 with other town, legislature may authorize it to elect repre- 
 sentative tor such portion of time as shall be equal to its 
 portion of representatives. (Me. TV Pt. I 3.) 
 Each county with population of 18.000 to he entitled to two mem- 
 bers; each county with population over 18.000 and less than 
 10, three members; each county with population of 2S.0O0 
 ami less than 40.000. four member's; each comity with popula- 
 tion of to. iinn and less than 55,000, five members; each county 
 with population of .',.",.1100 and upwards, six members and no 
 more. City of Baltimore divided info four districts of equal 
 population and continuous territory, each district being 
 entitled to number' of members to which largest county shall 
 or may he entitled. Governor to arrange representation in 
 ordance with apportionment prescribed after each national 
 census or -late census, and to declare by proclamation number 
 lo which each county and city of Baltimore entitled. To be 
 88 I" Jcribed in constitution until reapportionment. (Md. TTT 
 
 3, 4. 5.) 
 nong counties equally, as nearly as may he, according to rela- 
 ' number of legal voters (town of Cohasset in county of 
 to he considered pari of Plymouth)'; Secretary of 
 itate to certify, after determined by legislature, the number 
 representatives to which each county entitled, to board au- 
 to divide each county info representative districts, 
 if mayor and alderman of Boston, county commis- 
 sioners of other counties than Suffolk 1 , or in lieu thereof, 
 commissioners in each county elected by people of 
 "ly or of towns thereof. Such hoard, on first' Tuesday of
 
 I.NDKX l)|<;i;si Mi'.t 
 
 LEGISLATURE (Cont'd) 
 
 Apportionment op Members {('on I'd) 
 Lower House (Cont'd) 
 
 August after each assignment of representatives, to divide 
 county into districts of contiguous territprj bo as to apportion 
 ltjjix-sttital i-.ii equally, as nearly as nuy be according t«. 
 relate number of lega,! voters; nq town or ward <>i citj to in- 
 divided in forming district and no distrid to be made whirl, 
 shall be entitled to elect more than three representatives. 
 Districts to be numbered, and description pf each with numl 
 thereof and number of Legal voters therein to be returned by 
 bpard to secretary of state, county treasurer of each county, 
 and clerk of ever} town in each district,, to be filed and kept 
 in their respective offices. ( Mass. Amend. •_'].) 
 
 Representatives to be ejected by single districts containing as 
 nearly as may lie an eo.ua] number of inhabitants and consist- 
 ing of convenient and contiguous territory; but no township 
 or city to be divided in forming district. If population of 
 township or city entitles it to more than one representative, 
 such township or city to elect the number to which entitled. 
 Each county, with such territory as may b,e attached thereto, 
 to be entitled to separate representative when population 
 thereof equals a moiety of the ratio of representation. County 
 entitled to more than one representative to be divided by 
 board of supervisors into districts equal to number of repre- 
 sentatives to which entitled; description of such districts with 
 number and population thereof to be filed in office of s& 
 tary of state and of clerk of said county. (Mich. V .'*.) 
 
 To be apportioned equally throughout different sections of city 
 in proportion to population thereof, exclusive " ! Indians not 
 taxable. To be as prescribed in constitution until reappor- 
 tionment. (Minn. IV 2, Sched. 10, l±) 
 
 Each county to have at least one representative j certain counties 
 specified in constitution, or territory then composing them, 
 never to have less than -II representatives together; re 
 maining counties not specified, or territory then compos 
 ing them, never to have less than 44 representatives. New 
 counties to be entitled to one representative until nexl appor- 
 tionment notwithstanding maximum limitation on total num- 
 ber of members. To be as prescribed in constitution until 
 reapportionment. (Miss. Ml 254, 256, Amend. L914.) 
 
 Among counties according to population. Katio obtained by 
 dividing total population pf state by 200; each county having 
 one ratio or less to be entitled to one member; each county 
 having two and one-half times ratio, to two members; each 
 county having four times ratio, to three members; each county 
 having six times ratio, to four members, and so on, giving one 
 additional member for every two and one-naif additional ratios. 
 County entitled to more than one representative to be divided 
 by county court into districts of compart and contiguous ter-
 
 S \ . ; OoNSTrrtfTiONS 
 
 LEGISLATURE 
 
 Al r Memuers (Cont'd) 
 
 Lower House (Cont'd) 
 
 ritorv equal in number to representatives t<i which county 
 entitled, <>t" equal population as nearly as ma> be; each district 
 to elect one representative, provided, county entitled to more 
 than lu members to be divided by circuit court into districts 
 to give each district not less than two nor more than 
 font members^ Districts may be altered from time to time; 
 if district composed of two or more counties, such counties to 
 be contiguous; districts to be a*s compact as may he and no 
 county to be divided in formation thereof. To be as prescribed 
 in constitution until reapportionment. (Mo. IV 2, 3, 8, 9.) 
 To be apportioned on basis of population according to ratios 
 to be fixed by law. Districts may he altered from time to 
 time; if district composed of two or more comities, such 
 counties to be contiguous and district as compact as may be. 
 No county to be divided in forming district. To be as pre- 
 scribed until reapportionment. (Mont. VI 2, 3, 6.) 
 According to cumber of inhabitants excluding Indians not taxed 
 and soldiers and officers of United States army and navy; to 
 be as prescribed in constitution until otherwise provided by 
 
 law. (Nebr. Ill 2, IV.) 
 To be as prescribed in constitution until otherwise provided in- 
 law. (Xev. XVII C.) 
 Every town, or place entitled to town privileges, and wards of 
 cities having 600 inhabitants, may elect one representative: 
 if 1,800 inhabitants, may elect two representatives; and so 
 proceeding, making 1,200 inhabitants the mean increasing num- 
 ber for any additional representative: Provided, no town to 
 be divided or boundaries of any ward altered so as to increase 
 tin' number to which such town or city entitled by last census; 
 if town or city divided or boundaries of ward lines changed 
 since la-i census, legislature to apportion representation 
 equitably in such manner that the number shall not be greater 
 than if division or alteration not made. Town, place or ward 
 having less than 600 inhabitants to be authorized by legislature 
 to eleel a representative such proportionate part of time as 
 the number of inhabitants hears to 600. (X.U. II 9, 10.) 
 Among counties as nearly as may be according to number of 
 inhabitants, each county to be entitled to at least one mem- 
 ber. (X.J. IV Sec. Ill 1.) 
 State to be divided into districts on basis of population, each 
 'int\ included in each districi to be contiguous to some 
 other county therein; new county to be annexed to a con- 
 ■ district. To be as prescribed in constitution until 
 reapportionment. IX.M. IV 42.) 
 
 r counties as nearly as may he according to number of 
 
 8 excluding aliens, each county (except Hamilton) to 
 
 ntitled to one member. Ratio to be obtained by dividing 
 
 ole number of inhabitants excluding aliens by number of
 
 Index Digest s T1 
 
 LEGISLATURE (Cont'd) 
 
 Apportionment of Members (Cont'd) 
 Lower House [Von I'd) 
 
 members of lower bouse. Eacb county containing less than 
 ratio and one-half over to eled one member and every other 
 county to elect two members; remaining members to be ap 
 portioned to counties having more than two ratios; members 
 apportioned on remainders to be apporl toned to count ies having 
 highest remainders in order thereof respectively; no county 
 to have more members than county having greater number of 
 inhabitants, excluding aliens. In any county emit led to more 
 than one member, (lie hoard of supervisors (or common coun- 
 cil in city embracing entire! county and having no board of 
 supervisors) to divide county into districts, according to 
 number of inhabitants excluding aliens, of contiguous terri- 
 tory, each district to he wholly within senate district formed 
 under same apportionment; number of districts to equal num- 
 ber of members to be elected. Description of such districts to 
 be filed in office of secretarj of state and of clerk of county. 
 Members to be apportioned to counties as prescribed in con- 
 stitution until new apportionment made. (X.Y. 111 5.) 
 Among counties according to population, each county to have 
 at least one representative although containing less than the 
 ratio. Ratio obtained by dividing population of state, ex- 
 clusive of that within those counties which do not severally 
 contain the one hundred twentieth part of the population of 
 the state, and by the number of representatives less the num- 
 ber assigned to such counties; aliens ami Indians not taxed 
 to be excluded in ascertaining population. Bach comity con- 
 taining ratio and not twice the ratio to elect one member; 
 each county containing twice but not three times the ratio to 
 elect two members, and so on progressively, remaining repre- 
 sentatives being assigned to counties having largest fractions. 
 
 (X.C. II 6.) 
 
 To he elected at large from each senatorial district. To he as 
 
 prescribed in constitution until otherwise provided by law. 
 
 (N.D. II 35, XVIII 214.) 
 Ratio obtained by dividing population of state by 100. Each 
 county with population equal to one-half of ratio to elect 
 one member, each county containing ratio of three-fourths 
 over to elect two representatives, and so on. requiring 
 after the first two an entire ratio for each additional repre- 
 sentative: Provided, each county to have one representative. 
 County having large fraction above ratio to he entitled to a 
 representative at certain sessions of the decennial period dur- 
 ing which apportionment continues. If, in fixing subsequent 
 ratio, county previously entitled to separate representation has 
 less than number required by new ratio for a representative, 
 such county to he attached to adjoining county having less 
 number of inhabitants. To be as prescribed in constitution 
 until apportionment made. (Ohio XI 1-5 Sched. 1851 10.)
 
 State QpNSTrrupoNS 
 
 LEGISLATURE (I 
 
 _\ lit »i: : i Members (Cqnt'd) 
 
 Lower House [Cont'd) 
 
 Ratio obtained by dividing population of state by 100. Kadi 
 ounty containing one-half of ratio to elect one member; 
 iai-h county containing ratio and three-fourths over to elect 
 tun members, and so on, requiring after first two an entire 
 ratio for each additional representative; provided, no county 
 to take part in election of more than seven representatives. 
 Lving huge fraction above ratio to be entitled to 
 a representative at certain census of the decennial period dur- 
 ing which apportionment continues. Any county forming 
 a ](:l ,-t f a district, haying acquired sufficient population, 
 to be entitled to additional representative if sufficient popula- 
 tion For a representative is left in district from which sep- 
 t ted If in fixing subsequent ratio a county forming 
 separate district shall have less than number required by ratio 
 a represent ative, such county to be attached to adjoining 
 county. No county to be divided except to make two or more 
 district- therein; no town nor ward in city constituting only 
 one voting precinct to be divided, nor shall any district con- 
 tain greater excess in population over adjoining district in 
 same county than population of town or ward, constituting 
 onh one voting precinct, adjoining such district. To be as 
 prescribed in constitution until apportionment made. (Okla. 
 ' V 1 1 1 . ) 
 
 Among counties according to white population. Ratio of sen- 
 ators and representatives to be determined by dividing white 
 population of such county or district by such respective ratios ; 
 when fraction results exceeding one-half of ratio, county or 
 district to be entitled to a member for such fraction, county 
 not containing requisite population for one member to be 
 attached to some adjoining county. (Ore. IV 6.) 
 
 Ratio obtained by dividing population of state by 200. 
 
 Each county containing less than five ratios to have one rep- 
 
 entative for cadi ratio and an additional representative 
 
 when surplus exceeds half a ratio; but each county to have 
 
 at leasi one representative. Each county containing five ratios 
 
 or more to tiavi i representative for each full ratio; each 
 
 cit\ containing a ratio to elect separately its proportion 
 of representatives allotted to county in which located. Each 
 citj entitled to more than four representatives and each 
 count} with over KHi.OOO inhabitants to he divided into dis- 
 tricts of compacl and contiguous territory, each district to 
 elect its proportion of representatives according to its popula- 
 tion, hut no district to elect more that four representatives. 
 
 (Pa. IT 17.) 
 
 Lower house to be constituted on basis of population, allowing 
 
 representative for a fraction exceeding half the ratio. 
 
 hut each town and city to be entitled to at least one member 

 
 Index Digest 873 
 
 LEGISLATURE (Cont'd) 
 
 Apportionment of Members (Cont'd) 
 Lower House (Cont'd) 
 
 and mi town or citj to haye more than one-fourth of whole 
 number. Each town and city to be divided into as many dis- 
 trict^ as ii is entitled in representatives, each district in 
 elect one representative. Districts to he as nearl\ equal in 
 population and as compad in territory as possible. (K.I. 
 
 Amend. XIII 1.) 
 
 Among counties according in number of inhabitants in cadi, 
 cadi county to constitute one election district, One repre- 
 sentative to lie allowed lo everj one hundred twenty-fourth 
 part of whole number of inhabitants in state, bu,1 each county 
 to Lave at least one representative in spite of deficiency of 
 population, if total number of representatives not assigned, 
 deficiency to be supplied by assigning representatives to the 
 counties haying largest surplus fractions. No apportionment 
 of rcpre: entatives to take cl'l'ed until general election suc- 
 ceeding such apportionment. To be as prescribed in constitu- 
 tion until rcapport iomncnl. (S.C. Ill 3, 4. 5.) 
 
 Slate to he apportioned according lo number of inhabitants, 
 excluding Indians not taxed, and soldiers and officers of the 
 United States army and navy. To he as prescribed in consti 
 tution until reapportionment. (S.I). Ill 5, ,XI\ 2.) 
 
 Among counties according to numher of qualified voters in each; 
 any county having two-thirds of ratio to lie entitled to one 
 
 i iember. (Tenn. II 5.) 
 
 Among counties according to population in each, as nearly as 
 may he of ratio obtained by dividing population of stale h\ 
 numher of members of lower house. Single county having 
 sufficient population for one representative to form separate 
 district; if two or more counties required to rtiake up ratio, 
 sueh counties to he contiguous; if population in one county is 
 sufficient for one or more representatives, such representative 
 or represovd at ives to he apportioned to such county, and if any 
 surplus it may he joined in district with any other contiguous 
 county or counties. To be its prescribed in const it ui ion until 
 reapportionment. (Tex. Ill 2(i. 28.) 
 
 On basis of population according to ratios to he fixed by law. 
 To he as prescribed in constitution until reapportionment. 
 
 ( I'l.ih l.\ 2, 4.) 
 
 Each incorporated town to elect one member. (Yt. II 13.) 
 
 State divided into districts. Existing apportionment to con- 
 tinue until reapportionment. (Va. IV [2, IT) 
 
 To lie apportioned lo districts according to number of inhabit 
 ants, excluding Indians not taxed, soldiers, jailors and officers 
 of United Slates army and nav\ in active service. To he as 
 prescribed in constitution until reapportionment. (Wash. 
 
 ii :;. xxii 2.)
 
 State Constitutions 
 
 ;ISLATURK I'd) 
 
 Ai OF VfEMBEBS (Cont'd) 
 
 er House (Con I'd) 
 
 io ascertained bj dividing population of state by number of 
 members of house and rejecting traction of unit resulting, 
 Dividing population of each district and of each 
 county noi included in district by such ratio, a number of 
 delegates equal to quotient Obtained, excluding fraction of 
 remainder, to be assigned to each; additional delegates to 
 ma ke up total number of house to lie assigned to those dis- 
 tricts and counties having largest fraction, but every district 
 and county not included in district to be entitled to at least 
 one delegate. Ever} county containing population of less than 
 three-fifths of ratio to be attached, at each apportionment, to 
 Bome contiguous county or counties and to form a district. 
 If additional territory admitted to slate, provision to be made 
 by law for representation thereof. Representation to be as 
 prescribed until reapportionment. (W.Ya. VI 0-9, 11.) 
 To he apportioned to districts according to number of inhabit- 
 ant, excluding Indians not taxed, soldiers, and officers of 
 United Slates army and navy. Representatives to be chosen 
 bj single districts, bounded by county precinct, town or ward 
 line-, consisting of contiguous territory, and of as compact 
 form a- practicable. To be as prescribed in constitution until 
 reapportionment, (Wis. IV 3. 4. XIV 12.) 
 Among counties as nearly as may be according to number of 
 inhabitants, each county to have at least one representative; 
 each county to constitute a district. Ratio of representation 
 to he fixed by law. Districts may be altered from time to 
 time hut no county to be divided in formation thereof; if 
 district composed of two or more counties such county to be 
 contiguous and district as compact as may be. To be as 
 prescribed in constitution until reapportionment. (Wyo. Ill 
 
 3, Apportionment 2, 3, 4.) 
 Senate 
 
 State to lie divided into senatorial districts equal to number of 
 senators; districts to he as nearly equal in number of inhab- 
 itant- a- possible, and each to be entitled to one senator only; 
 districts not to he changed until next apportionment but 
 counties created after last apportionment may be attached; 
 
 "iint\ to be divided between two districts and no district 
 
 to lie composed of two or more counties not contiguous; to be 
 as prescribed as in constitution until apportionment, made. 
 
 (Ala. IX 200. 202.) 
 Among counties as prescribed until otherwise provided by law. 
 
 (Ariz. IV Pt. II 1.) 
 
 to he divided in senatorial districts according to number 
 
 adult male inhabitants each senator representing an equal 
 
 lumber as nearly as practicable; each district to consist of 
 
 contiguous territory and no county to be divided in the for-
 
 Index Digest 875 
 
 LEGISLATURE (Cont'd) 
 
 Apportionment of Members [Qont'd] 
 Senate (Cont'd) 
 
 mation of a district. To be as pres< ribed in constitution until 
 apportionment made. (Ark, VIII 2, 3.) 
 
 State to be divided into 40 districts, as nearly equal in 
 population as may be, and composed of contiguous territory] 
 each district electing one senator; to be numbered from one 
 to 40, commencing at northern boundary and ending at 
 southern boundary. No county, or city and county, to be 
 divided unless containing sufficient population to form two 
 or more districts, nor shall a part of anj county or of any 
 city and county lie united with any other county, or city and 
 county, in forming any district. Persons ineligible t<> become 
 citizens of the United Slates under naturalization laws 
 not to he counted in estimating population. Existing appor- 
 tionment to he in force until reapportionment. (Cal. IV 6.) 
 
 On basis of population according to ratios to lie fixed by law. 
 Districts may he altered from time to time hut no county 
 to he divided in the formation thereof; if districl contains 
 two or more counties, such counties to lie contiguous. To be 
 as prescribed in constitution until apportionment made. (Colo. 
 
 V 45, 17. is. i 
 
 State to lie divided into not less than 24 nor more than 36 
 districts, each district to elect one senator; districts to he 
 composed of contiguous territory and of equal population as 
 nearly as practicable; no county or pari thereof to he joined 
 to another county or part thereof to form a district and no 
 town to be divided unless to form more than one district 
 wholly within such town, and each county to have at leasl 
 one senator. (Conn. Amend. XXXI 2.) 
 
 State divided into 17 senatorial district-, the limits of each 
 district being specified in the constitution, each district to 
 elect one senator. (Del. II 2.) 
 
 Among senatorial districts; if district composed of two or more 
 counties, such counties not to he entirely separated by county 
 belonging to another district. New county to he assigned 
 when created to one of adjoining districts as determined by 
 
 legislature. I Fla. VII 3, I.) 
 
 State divided into 4 1 districts, each electing one senator: no1 
 to change number of districts nor to increase number of 
 senators from each district. To !»■ as prescribed in constitu- 
 tion until apportionment made. (Ga. Ill Sec. II 1. 2.\ 
 
 As provided by law hut each county to he entitled in one repre 
 sentatiye. If district contains more than one county, such 
 omits' to he contiguous, and no county to he divided in 
 creating district. (Ida. Ill 4, 5.| 
 
 State to he divided into .">1 senatorial districts, formed 
 of contiguous and compacl territory hounded li\ county 
 lines and containing as nearly as practicable equal number
 
 I loNSTItutrONS 
 
 LEG1SLATUR1 t'd) 
 
 \, r u n I'd) 
 
 Senate 'd) 
 
 inhabitants, bul no district to contain less than four-fifths 
 
 ria ] ,-,tio. ascertained by dividing population of 
 
 v-oih ■: each district to elect one senator, but 
 
 containing not less than the ratio and three-fourths 
 
 be divided into separate districts and entitled to two 
 
 senators, and to one additional senator for each number of 
 
 inhabitants equal to the ratio contained in excess of twice 
 
 said ratio. (111. IV 6.) 
 counties according to number of male inhabitants above 
 ■_!1 years . .f age; senatorial district to be composed of con- 
 tiguous counties if more than one county included therein, 
 and no count; to be divided. (Ind. IV 5, 6.) 
 Among counties or districts according to population; if district 
 mposed of two or more counties, not to be entirely separated 
 by county belonging to another district and ho county to be 
 divided iii forming a district. (Iowa III 34. .37.) 
 Each organized county t'd have at leas! one representative and 
 h county to be divided into as many districts as it has 
 representatives, fo be as prescribed in constitution until 
 apportionment made. (Kan. X 1, 3.) 
 State divided into 38 districts as nearly equal in population 
 may lie without dividing county, except where county 
 may include more than one district; if inequality of popula- 
 tion unavoidable, any advantage resulting therefrom to be 
 given to distrid having largest territory. No part of county 
 to he added to another canity to make a district, and 
 counties forming district to he contiguous. (Ky. 33.) 
 Itate to he divided into district- according to population; no 
 parish (parish of Orleans excepted) to he divided in forming 
 district. New parish to lie attached to district from which 
 most of its territory taken or to another contiguous district, 
 at discretion of legislature, hut not to be attached to more 
 than one district. Present apportionment to remain in force 
 until reapportionment. ( La. ID. 20.) 
 
 ate to he divided into districts conforming as near as may be 
 county lines, and to he apportioned according to number of 
 
 inhabitants'. (Me. IV Pt. II 2.) 
 Each county to lie entitled 1,, nni' senator, and city of Balti- 
 more to he divided into four districts of equal population 
 I of contiguous territory, each district electing one senator. 
 
 (Md. Ill 2.) 
 
 jlature to divide state into 40 districts of adjacent terri- 
 
 h containing, as nearly as may he, equal number of 
 
 1 vole,- no town or ward of city fcb he divided, and dis- 
 
 to he formed, as nearl; as may he. without uniting two 
 
 " '"' Paits of two or more counties into one district. 
 
 h '!i iii.i to elect one senator. (Mass. Amend. 22.)
 
 Ixdkx Digest 871 
 
 LEGISLATURE (Cont'd) 
 
 Appobtionment of Members [Cofit'd] 
 Senate (Con I'd) 
 
 State to be divided into 32 numbered districts, each electing 
 
 one senator^ no c ity to be divided in formit tricl 
 
 unless c( l uit;i!.]\ entitled to two or mure senators. (Mich. 
 
 \ 2.) 
 To 1".' apportioned equally throughoul different sections of citj 
 in proportion to population thereof, exclusive of Indians no1 
 taxable. Senator.- to be chosen by Bingle distri I con- 
 
 venient, contiguous territory; no representative district to be 
 divided hi formation p,i senators. To he as prescribed in con- 
 stitution iii> t il reapportionment. (Minn. IV 2, 24, Sched. 10, 
 
 12.) 
 
 Among district., according to population. To be as prescribed 
 
 in constitution until reapportionment (Miss. XIII 255, 
 
 Amen.!. 1914.) 
 State to l>e divided into districts as nearly equal in population 
 as may be. County entitled to more than one senator to be 
 subdivided by circuit court into districts oij compacl and con- 
 tiguous territory and of equal population, corresponding in 
 number to senators to which county entitled, each district 
 to elect one senator. District.-, may be altered from time to 
 time; if district composed of two or more counties, such coun- 
 ties to be contiguous; district to be as compacl as may be 
 and no county to be divided in formation thereof. T 
 prescribed in constitution until reapportionment. (Mo. IV 
 
 5, 6, 9, 11.) 
 
 State to be divided into districts, but no more than one senator 
 
 to be elected fr m each county. Xew county to be entitled 
 
 to one senator, but in no case shall senatorial district consist 
 
 of more than one county. To be as prescribed until reappm 
 
 tionment. (Monit. V 1. VI 4. 5.) 
 
 According to number of inhabitants excluding Indian- no1 taxed 
 
 and soldiers and officers of United State- army and navy; to 
 
 be as prescribed in constitution until otherwise provided by 
 
 law. (Xehr. Ill ■_>. |\'.) 
 To lie as prescribed in constitution until otherwise provi 
 
 by law. (>,ev. \\;i! ti.) 
 
 State to he divided into 24 districts as nearly equal as may 
 he without dividing towns and unincorporated places; in 
 making division, to he governed by proportion of direct taxes 
 paid by said districts. (N.I I. II 25.) 
 One senator from each county. (N.J. IV Sec. [I 1.) 
 State to he divided into districts on basis of population. . eh 
 county included in each district to he cohtiguotis to some other 
 bounty therein; new county to be annexed to a contigu 
 district. To he .-i pri cfibfed in constitution until reappor- 
 tionment. (N.M. IV 12.)
 
 gfg . Stat] Constitutions 
 
 LEGISLATURE I'd) 
 
 of Membebs [Cont'd) 
 
 Senate [Cont'd) 
 
 to be divided into 50 districts containing as nearly as 
 mav be an equal number of inhabitants, excluding aliens, each 
 icl to elect one senator; district to consist of contiguous 
 territory and no county to be divided except to make two or 
 more districts wholly in such county; no town and no block 
 in a city enclosed by public ways to be divided. Xo district' 
 to contain greater excess in population over adjoining district 
 in same county than population of town or block therein ad- 
 joining such district ; no county to have four or more senators 
 unless it have full ratio for each senator, no county to have 
 more than one-third of all the senators, and no two counties, 
 or the territory thereof as now organized, which are adjoining 
 the separated one by public waters, to have more than one- 
 half of all the senators. Ratio for apportioning senators to be 
 obtained by dividing inhabitants excluding aliens by 50. 
 It' county having three or more senators at time of appor- 
 tionment he entitled to additional number, such additional 
 number to he given notwithstanding maximum limitation on 
 number of senate. Apportionment to be as prescribed in 
 constitution until apportionment by legislature. (N.Y. Ill 
 
 3, 4.) 
 
 State to he divided into districts consisting of contiguous terri- 
 tory and containing as nearly as may be equal number of 
 inhabitants excluding aliens and Indians not taxed; no county 
 to he divided unless entitled to two or more senators. (X.C. 
 
 II 4.) 
 
 State in he divided into as many districts as there are senators; 
 each district to contain as nearly as may be equal number of 
 inhabitants entitled to representation, to be composed of com- 
 pact am! contiguous territory, and no portion of any county 
 to lie attached to any other county or part thereof to form a 
 district. Each district to be entitled to one senator only. 
 To he as prescribed in constitution until otherwise provided 
 bj law. (N.D. II 20. XVIII 214.) 
 
 Ratio obtained by dividing population of state by 35. Rules 
 which govern apportionment for lower house to apply in ap- 
 portioning fractions and in annexing districts which con- 
 tain less than three-fourths of ratio; county forming part of 
 district, having acquired full ratio of population, to be made 
 separate district at regular apportionment if full ratio left 
 in district from which taken. To he as prescrihed in con- 
 stitution until apportionment made. (Ohio XI 6-0.) 
 
 Itatfi to he divided into 44 districts, each to elect one senator, 
 each containing as nearlv as may he equal number of in- 
 habitants and to consist of contiguous territory; no county 
 to hi' divided except to make two or more districts wholly 
 in such county; no town and no ward in a city, when con-
 
 T.M.Kx Digest 879 
 
 LEGISLATURE {Cont'd) 
 
 Appobttonment of Members [Cont'd) 
 Senate [Con I'd) 
 
 stitutirig only one voting precinct, to be divided, and no dis- 
 trict to contain greater excess in population over adjoining 
 district in same county than the population of town or ward, 
 constituting only one voting precinct, adjoining such district. 
 Tf at time of apportionment any county entitled to three or 
 more senators, such additional number shall be given notwith- 
 standing maximum number of senators prescribed. To be 
 prescribed in constitution until apportionment made. (Okla. 
 
 V 9, 11.) 
 
 Among counties according to white population. Ratio of sent 
 and representatives to be determined by dividing white po pu 
 Iation of such county or district by such respective ratios; 
 when fraction results exceeding one-half of ratio, county or 
 district to be entitled to a member for such fraction, count) 
 not containing requisite population for one member to be 
 attached to some adjoining county. District containing more 
 than one county to be composed of contiguous counties and 
 no county to be divided in creating a district. (Ore. IV (I. 7.) 
 
 State to be divided into 50 districts of compact and contigu- 
 ous territory as nearly equal in population as may be, each 
 district to elect one senator. Ratio obtained by dividing popu- 
 lation of state by 50. Each county containing one or more 
 ratios to have one senator for each ratio and an additional 
 senator for a surplus exceeding three-fifths of a ratio, but no 
 county to form separate district unless containing four-fifths 
 of ratio, except where adjoining counties are each entitled to 
 one or more senators, when such county may be assigned a 
 senator on less than four-fifths and exceeding one half of a 
 ratio; no county to he divided unless entitled to two or more 
 senators. No city or county to be entitled to separate repre- 
 sentation exceeding one-sixth of whole number of senators. 
 Xo ward, borough or township to he divided in formation of 
 
 district. (Pa. II Hi.) 
 
 Each town or city to have one senator. (II. I. VI 1.) 
 
 One member from each county. (S.C. Ill G.) 
 
 State to be apportioned according to number of inhabitants, 
 excluding Indians not taxed, and soldiers and officers of United 
 States army and navy. To he as prescribed in constitution 
 until reapportionment. (S.I). Ill 5, XIX 2.1 
 
 Among several counties or districts according to number of 
 qualified voters in each. If district composed of two or more 
 counties, such counties to he adjoining, and no county to lie 
 divided in forming district. In apportioning senators the 
 fraction that may he lost by any county or counties in appor- 
 tionment of members of lower house to he made up in senate 
 as nearly as practicable. (Tenn. II 6.)
 
 • ;! QoKSTITUpONS 
 
 LEGISLATURE I 
 
 An , Members (Cont'd) 
 
 Senate I d) ,. . 
 
 rtioned on. basis of population according to ratios to 
 . , , iu [f more than one county in district, such 
 , contiguous, and no county to be divided ... 
 .nnation of district unless containing sufficient population 
 n itself to form two or more districts; nor shall a part 
 nf an y county be united with any other county in forming 
 prescribed in constitution until reappor- 
 tionment. (Utah IX 2, 4.) 
 mon g counties according to population, each county being 
 titled to at leasl one senator. (Vt. II 18.) 
 te divided into districts. Existing apportionment to continue 
 until reapportionment. ( Va. 1\ 41, 4. - !.) 
 
 apportioned to districts according to number of inhabit- 
 ants, excluding Indians no1 taxed, soldiers, sailors and officers 
 of United States armj and navy in active service. Senators 
 to be elected by single districts of convenient and contiguous 
 ,, rritori presentative district to be divided in format inn 
 
 of senatorial district. To be as prescribed in constitution 
 until reapportionment. (Wash. 11 3, (>. XXII 1.) 
 State to be divided into 12 senatorial districts, which num- 
 ber shall no1 be diminished but may be increased. Each 
 district to elect two senators, but where composed of more 
 than one county, both not to be chosen from same county. 
 Districts to be compact, formed of contiguous territory, 
 bounded by county lines, and equal iri population as nearly 
 iracticable. If additional territory admitted to stale, pro- 
 vision to be made for representation thereof in senate; wuvi'- 
 ntation to be as pres iribed in constitution until reappor- 
 tionment. (W.Va. VI 4. 5, 11.) 
 To be apportioned to districts according to number of inhabit- 
 ants, excluding Indians riol ta'xed, soldiers and officers of the 
 United States army and navy. Senators to be chosen by 
 single districts of convenient, contiguous territory; no assem- 
 bly district to be divided in forming senate district. To be 
 prescribed in constitution until reapportionment. (Wis. 
 
 IV 3, 5, XIV 12.) 
 
 Among counties as nearly as may be according to number of 
 
 inhabitai -h county to have at least one senator; each 
 
 count} to constitute a district. Ratio of representation to 
 
 be fixed by law. To be as prescribed in constitution until 
 
 apportionment. (Wyo. Ill 3, Apportionment 2, 4.) 
 
 Auditing Committee 
 
 be appointed at each regular session consisting of two mem- 
 
 bei enate and three members of lower house; to examine 
 
 of auditor, state treasurer, secretary of 
 
 and other executive officers whose duties pertain to
 
 
 I.\I»K.\ DIGEST 881 
 
 LEGISLATURE (Cont'd) 
 Committees {Cont'd) 
 
 Auditing Committee (Cont'd) 
 
 auditing or accounting foi state revenue; to report resull 
 
 of investigation to governor and cause sa ty be | lished 
 
 in two newspapers, of genera] circulation in state; niaj il 
 during recess of legislature, receive such compensation as 
 prescribed by law and, enipjloj one qr more accountants to 
 assist it. (Va. IV Q8.j 
 
 Committee of Conference, Adoption of Report of, n< • Legislative 
 
 i'KOJ. EDURE — REFERENT E io COMMIT*EEE. 
 
 Committee of Whole 
 
 Proceedings public, gee below, this tittt, Proceedings Public. 
 Compensation 
 
 Committee of either Iiuu.se or joint c inin.r of both houses, 
 
 appointed tp examine ins( il u t ions of state oilier than at seat 
 of government, maj receive actual expense's in performance of 
 duties; no allowance or reward for any purpose whatever to 
 lie paid to anj committee of either house, except such per 
 diem as provided by law. not to excei (.Mo. IV 10.) 
 
 Election 
 
 Senate to provide for all standing committees and to elect mem- 
 bers by majority vote. (Qkla. V 2S.) 
 
 Investigations by, See below, this title PnvtsbtT&Attons by. 
 
 On Expenditures 
 
 Joint standing committee to be created, with power to summon 
 persons and examine on oath and call for public or official 
 papers and records; duty to examine contracts for printing, 
 stationery and purchases for public offices and library, and all 
 expenditures therein and abuse of expenditures to which 
 attention palled bj resolution of either bouse. (Md. Ill 24.) 
 
 On Specia 1 , Private and Local Legislation 
 
 Joint committees to be formed, consisting of seven mem 
 appointed by lower bouse and five members appointed by 
 senate. (For duties, See Special and Local Laws.) (Va. 
 
 1 \' 51.) 
 Standing committees to be appointed; house committee to 
 sist of seven members and senate committee of five. (Foi 
 duties, See 'Special' or Local Laws. (Miss, I '• S9.) 
 
 Reference of Bills to, See L; PROCEDURE Reference to 
 
 Com mii 1 1 I . 
 
 Trial of Cases Involving Rights and Privileges 
 
 Senate and lower house may try and determine such eases and 
 which by constitution they have authority to try ami deter- 
 mine 1)_\ committee of all members or in such other waj as 
 the-, h..i\ respectively think best. Pt. II Ch. 1 Sec. 
 
 Ill 11.)
 
 Statj i ■ rsfltUTIONS 
 
 LEGISLATURK Vd) 
 
 low, this title, [nvestigations by. 
 
 this title, Members - Punishment of. 
 uses Punishable by Each House During Session 
 
 below, this title, [nvestigations by — General 
 
 Powers in. 
 ntempt. (RI. IV 7.) 
 Disrespectful behavior in its presence. (W.Va. VI 26.) 
 Contempt and disorderly behavior. (Wis. IV 8.) 
 Disrespect or disorderly and contemptuous behavior. (La. 26.) 
 Disorderly or contemptuous behavior in presence of house, 
 i Ala. IV 53; Ark. V 12; Fla. Ill 9; Ga. Ill See. VII 2; 111. IV 
 9; [nd. IV 15; Me. IV Pt. Ill 6; Md. Ill 23; Mass. Pt. II 
 (li. I Sec. Ill 10, 11; Minn. II IS; Miss. IV 58; Mo. IV 17; 
 Mont. Nil: Nebr. Ill 7; Xev. IV 7; X.H. II 21, 22; N.M. IV 
 11; NM). II IS; Ore. IV 16; S.C. Ill 13; Tenn. II 14; Tex. Ill 
 
 15; Wyo. Ill 12.) 
 Obstructing proceedings. (Me. IV Pt. Ill 6; Miss. IV 58; N.H. 
 
 II 21. 22; W.Va. VI 26.) 
 Obstructing officer in execution of duties. (Md. Ill 23; W.Va. 
 
 VI 26.) 
 Assaulting or disturbing officer in execution of order or pro- 
 cedure of house. ( X . 1 1 . II. 21, 22.) 
 Assaulting, threatening, or abusing member for words spoken 
 
 in debate. (W.Va. VI 26.) 
 Theatening, assaulting or abusing member for anything said, 
 
 done or doing in either house. (Me. IV Pt. Ill 6.) 
 Threatening harm (during session) to body or estate of member 
 for anything said, or done in either house, or assaulting any 
 of them therefor. (S.C. Ill 13.) 
 Threatening harm (in town where session held and during ses- 
 sion) to body or estate of member for anything said or 
 done in either house, or assaulting any of them therefor. 
 (Mass. Pt. II Ch. I Sec. HI in. n.) 
 Threatening or ill-treating member, or breach of the peace in 
 making arrest for debt or assaulting member during attend- 
 ance at session. ( X.II. II 21, 22.) 
 Assaulting or arresting witness or other person ordered to at- 
 tend 1 house, either in going to or returning. (Mass. Pt. II 
 Ch. 1 Sec. III. in. n j S.C. Ill 13.) 
 Assaulting witness or other person ordered to attend by, and 
 during attendance of. house, knowing him to be such. (N.II. 
 
 II 21. 22.) 
 
 Refusal to attend as witness or to bring any paper proper to be 
 
 3 evidence before legislature or either house or com- 
 
 ttee of either, or to testify concerning matters which may 
 
 be proper Bubject of inquiry by legislature. (Ky. 30.) 
 
 ; person arrested by order of house. (Mass Pt. IT Ch. 
 
 I Sec. Ill 10, 11; S.C. Ill 13.)
 
 Index Digest 883 
 
 LEGISLATURE [Cont'd) 
 
 Contempts ( Con t'd ) 
 
 Offenses Punishable by Each House During Session (Cont'd) 
 
 Rescuing or attempting t<> rescue person arrested by order of 
 
 house. (Ga. Ill Sec. \ II 2.) 
 Rescuing person arrested by order of house, knowing him t<» be 
 
 such. (X.ll. II 21, 22.) 
 Punishment 
 Nature of 
 
 Imprisonment. (Tenn. II 14.) 
 
 Imprisonment, hut nut at any time to exceed 21 hour-. (Ind. 
 
 IV 15; Minn. IV 18; Ore. IV l(i.) 
 Imprisonment, hut not to extend beyond 21 hours at one. 
 time, unless disorderly or contemptuous behavior persisted 
 in. (111. IV !); Xel.r. Ill 7.) 
 Imprisonment, but not to exceed ts hours ai any one time. 
 
 (Tex. Ill 15.) 
 Imprisonment, not to exceed 10 days. (Md. Ill 23; X.II. 
 
 II 21. 22.) 
 Imprisonment, not exceeding 10 days for each offense. (La 
 
 26. i 
 Imprisonment, hut not to exceed .'30 days. (Mass. 1't. II 
 
 Vh. I Sec. Ill 10, 11; N.I). II 48.) 
 
 runishment and procedure to he prescribed by law, but 
 
 imprisonment not to extend beyond session. (Ky. 30.) 
 
 Imprisonment, hut not to extend beyond session. (Ga. 
 
 Ill Sec. VII 2; Me. IV I't. Ill (i ; Xev. I V 7; S.C. Ill 13; 
 
 W.Va. VI 26.) 
 Fine not exceeding $300, or imprisonment not exceeding 10 
 
 days, or both. (Mo. IV 17.) 
 Imprisonment not to extend beyond final adjournment. 
 
 (ITa. Ill 0; Miss. IV 58.) 
 Effect of 
 
 Not to bar indictment for same offense. (Ark. V 12.) 
 
 Not to bar criminal prosecution for same offense. ( Mont. 
 
 V 11 ; N.M. IV 11; N.D. II 48.) 
 Not to prevent punishment of any offense by ordinal . 
 course of law. (W.Va. VI 2(5.) 
 Elections by 
 
 Concurrence of Senate in Appointment of Officers, Set Governob 
 
 APl'OIH raiENi BY. 
 
 Entering Vote on Journal 
 
 To be entered, (Ala. IV S3; Ark. V 14; Cal. IV Js ; Ga. Ill See. 
 
 X; Iowa III 38; Minn. IV 3d; X.D. II 54; S,D. Ill 14; Tenn. 
 
 IV 4: Va. II 27; Wash. II 27; W.Va. VI 44; Wis. IV 30.) 
 
 Yeas and nays to he entered. (Okla. V 31.) 
 
 To i»e entered,, except where only one candidate nominated, in 
 
 which case election to he rim voce without roll call. (S.C. 
 
 Ill 20 1015.)
 
 - ,.;(<■ .-llil"il<».\s 
 
 LEGISLATURE 
 
 'ont'd) 
 
 freedom of 
 
 : voluntary. (,y,t, II 51.) 
 
 . nncr of Voting 
 
 in aJ] elections: (Ala. IV S3; GaL I\' 28; Fla. VI 
 : [owa III 38; Kan. I\ r 1; Minn. IV 30; Miss. 
 1\ 76; N.<\ VI 6; Ohio II 27; S.I). Ill 14; Tenn. IV 4; 
 Wash. II -'7: W.Va. VI 44; Wis. IV 30.) 
 
 ,m all elections by legislature or cither house. (Ind. 
 II 13; Muli. V 17; Xev. II 5; X.D. II 51.) 
 All elections bj persona in representative capacity to be viva 
 rk. III L2; La. 203; -Mo. VIII (5; Pa. VIII 12; Va. 
 
 II 27.) 
 Openly or rift aid not by ballot in all elections by legis- 
 
 lature or either branch. (Ore. II 15.) 
 Viva rot. in all elections and votes to be entered on journal 
 
 (S.C. Ill 20.) 
 Viva voce in election of governor. (Md. II 4.) 
 I iva voce in election of all officers whose appointment conferred 
 
 upon legislature by constitution. (N.C. II 0.) 
 By yeas an! nays in all elections, except for officers and em- 
 ployees. (Okla. V 31.) 
 Viva voce in appointment of officers civil or military by joint 
 or Goncurt . I vote of both houses or by separate vote of 
 
 either house. (Ark. V 14.) 
 Viva to*, all elections by houpes jointly or separately, except 
 in election of officers. (Tex. Ill 41.) 
 Pre^ic-in^ Officer in Joint Elections 
 
 President of senate to preside and decide result. (Ga. Ill 10.) 
 
 Of Governor to Other Office. &'e"e GoV'er'nor — duALiFiCATiONS and 
 
 Disoiai ii" - Dual Office-Holding. 
 
 Officers to Be Elected 
 
 No ol to be appointed or elected by legislature. (111. V 10; 
 
 Xebr. V 10; W.Va. VII 8.) 
 Legislature not to exercise appointing power, except as provide:! 
 in constitution. (Ohio If 27.) 
 
 I any other than own officers, state librarian, and 
 Itates enators; but section not to prohibit from ap- 
 inting presidential electors. (Miss. IV J99.) 
 Attorney-general. (Me. IX 11.) 
 litor. i Va. V 82.) 
 
 ■•nerals may be elected by legislature from time to 
 lime whenever neT- sirv . (Vt. II 42. 43.) 
 I 'omm'issary-general! (\'.!l. IT 60.) 
 
 mptroiler. ( X.J. \'l! S< •<•. II 3; Tenn. VTT 3.) 
 
 (Me. \' I't. HI 1; X.II. II (>!>; Tenn. Ill 17.) 
 " imi - (Me. V I't. IV 1: Ml. VI I; X.II. II 66; N.J. VII 
 
 Sec. II 3; Tenn. VII 3.)
 
 Index Dkjkst 
 
 LEGISLATURE (Cont'd) 
 Elections uy (Cont'd) 
 
 Officers to Be Elected (Cont'd) 
 
 Judges of supreme court of appeals. (Ya. \'I 9l.) 
 Judges Of supreme court. I It. I. X I; S.( '. V 2; Yt. II 12.) 
 Judges of supreme couH of errors In be appointed by legis- 
 lature upon nomination of governor! (Conn. Amend. 26.) 
 Judges of superior court to lie appointed by legislature upon 
 
 nomination of governor. (Conn. Amend. 26.) 
 Judges of circuit court. (S.C. Y 13; Va. \'l 96.') 
 Judges of county court. (Yt. II 42.') 
 Judges of common pleas court. (X.J. YII See. II 2.) 
 .Judges of city court of record. ( Ya. \ 1 !i!U 
 Major-general of militia appointed by senate and lower house, 
 each having a negative upon oilier. (.Mass. IM. II < h. II Sir. 1 
 
 1(1; Me. Amend. 28.) 
 Major-generals may be elected from time to time when neces- 
 sary, by legislature. (Yl. II 12. 13. | 
 Naval ollieers to be elected annually bj joinl ballot. ( M 
 
 Pt! II ('!,. II. Sec. [V 1.) 
 
 State librarian elected by joint vote of both house's: ( Vliss. I\' 
 
 106.) 
 No member to vote for any oilier member for any oilier what- 
 ever, except as provided in constitution. (Tex. Ill Is.) 
 Election of Members 
 See also Elections. 
 Contested Elections 
 
 To lie determined as directed bv law. (Iowa III 7; Kv. 38; Tex. 
 
 Ill 8.) 
 Trial and determination of, to be by courts of law. or law- 
 judge thereof; legislature to regulate by general law. (Pa. 
 
 YIll 17.1 
 To prescribe by law manner in which evidence to be taken in 
 case of contested seats in either house. (Minn. 1\' 17.) 
 Determination of Result 
 
 Each house to be judge of election of own members. (Ariz. I \' 
 S; Colo. V 10; Me.' IV IM. TIT 3; N.M. IV 7; Pa. II 9; R.I. 
 
 IV 6; Tenn. IT 11; Tex. Ill 8'j Ctal. \ I lo'; Yt. II 16.) 
 Each house to be judge of election of own members as pre 
 
 scribed by constitution and law Or state. (Ma. Ill 19.) 
 Each house to be judge of election returns of Bwn members. 
 
 (N.D. II 17; S.C. HI 11: S.D. Ill ft.) 
 Each! house to be judge of elections and returns of own members. 
 
 (Ala. IV 51 : Cal. IV 7; Del. II 8: Fla. Ill 6; Ga, III Sec. YII 
 
 1; Ida. TTI 0; 111. IV Slj End. IV l6'j iowd 1U 7: Kan. II S; 
 
 Kv. 3S; La. 25; Mass. Pt. 11 Ch! I S,-. [] !. Sec. II! 10; Mich. 
 
 V 15; Minn. IV 3- Mis-. I \' 3g< Mont. Y '.>; X.hr. Ill 7; STev. 
 LV 6; X.II. II 21, 34; N.J. IV Sec. [V 2; N\Y. MI 10; X ( '. TI 
 22; Ohio II 6; Okla. V 30'; Ore. IY 11-. Ya. IY 17: Wash. II 7; 
 
 \Y.Ya. \ I 24; Wis. |\ 7.1
 
 
 State Consiitutions 
 
 LEGISLATURE 
 
 i;, .- [Cont'd) 
 
 rmination of Result [Cont'd) 
 
 ,,,,.,, hoU8 e to be sole judge of election and returns of own 
 members. (Ark. V 11; Mo. IV 17.) 
 
 ,,„,, bouse to be judge of elections and returns of own members; 
 senate to determine an.l declare, on first Wednesday of Jan- 
 uan annually, who are elected senators. (Mass. Pt. II Ch. I 
 
 Sec. II 4, See. Ill 10.) 
 
 Electors 
 
 I | ec tors of respective counties or districts. (Ida. HI 2; Ind. 
 
 IV 2; Ohio II 2; Ore. IV 3.) 
 Qualified electors. (Ala. IV 40; Me. IV Pt. I 4. Pt. II 1; S.C. 
 
 Ill 0; Tex. Ill 3, 4.) 
 
 Qualified electors of respective districts. (Ark. V 2. 3; Iowa 
 
 Ml 3; NYv. IV 3, t; (tab VI 3, 4; Wis. IV 4; Wye. XXI IS.) 
 
 Qualified electors as prescribed. (Mass. Pt. II Ch. I See. II 2, 
 
 Amend. Ill 32; R.I. II I, Amend. XIII 1.) 
 Voters of respective districts. (Va. IV 41. 42.) 
 Legal voters of counties. (X.J. IV Sec II 1. See. Ill 1.) 
 Qualified voters of several counties and districts. (Mo. IV 2, 5.) 
 ( itizens of state qualified as provided in constitution. (S.C. 
 
 Ill 2. 6.) 
 Male citizens qualified as prescribed. (Va. II IS, 21.) 
 Every male of 21 years of age, except paupers and persons ex- 
 cused from paying taxes at own request. (X.II. IT 27, 12.) 
 Every male of 21 years of age being citizen of United States 
 and resident of state for one year and of county for six 
 months next preceding (lection. (Tenn. IV 1.) 
 Failure of People to Elect 
 
 I I tie vote occur in election for senators, lower house to elect. 
 
 (Conn. Amend. ITT Sec. Ill G.) 
 
 It in any district no senator elected by plurality, members of 
 
 lower house and such senators as declared elected, to elect 
 
 by join! ballol one of two persons having highest number of 
 
 votes. (N.H. II 33.) 
 
 1 1 failure to elect senator, lower house and senators elected to 
 
 eleci by joint ballot from highest number of persons voted for 
 
 equal to twice number of senators deficient in each district. 
 
 (Me. IV Pt. II 5; Mass. Pt. II Ch. I See. IT 4.) 
 
 Frequency 
 
 Annual. I Mass. Amend. 15.) 
 
 \ r 1 1 ■ 1 1 : 1 1 for lower house and for one-half of senate. (X..T. IV 
 
 Sec. I 3. See. IT 2. Sec. Ill 1.) 
 
 Biennial. (Cal. IV 3. 4; Colo. V 2; Conn. Amend. XXVII 1; 
 
 Ga. Ill Sec. IV 2 ; 111. I V 2; Mich. V 12; X.U. IT 11. 26; N.C. 
 
 II ::. :>: Ohio II 2: It. I. Amend. XVT 1; Tenn. II 7; Vt. IT IS; 
 
 Wyo. TIT 3.) 
 
 Biennial for lower house and for one half of senate. (Ark. 
 
 \ 2. :'.; I 'la. Ill .",. VII 2: Iowa TTT 3. 0; Ky. 31; Md. Ill 7; 
 
 Mo. IV in-. Nev. IV 3. 4, XVII 10; Okla. V 0, 10; S.C. Ill
 
 Index Digest . ^ s 7 
 
 LEGISLATURE [Cont'd) 
 
 Election op Members [Cont'd) 
 Frequency [Cont'd) 
 
 2, 8; Utah VI 3, 4; Wash. II 5, 6; W.Va. VI 3; Wis. [V 4, 
 
 5.) 
 
 Biennial For lower house and for one-half of senate, but entire 
 
 senate to be elected after each apportionment. (Minn. IV 24.) 
 
 Biennial for lower house; quadrennial for senate. (Kan. II 29; 
 
 \ a IV 41 42 ) 
 Quadrennial. (Ala. [V 40.) ' ' ; 
 
 Minority Representation 
 
 Cumulative voting authorized in elections of members of lower 
 
 D . ..' . _ . house. I 111. IV 7, 8.) 
 
 Return and Canvass of Vote 
 
 Detailed provisions for counting; declaring, returning and can- 
 vassing vote. (Conn. Ill 5, 6; Me. I V I'l. I 5; Mass. I'l. II 
 Ch. I Sec. II 2. 3; VI. II 37, 39.) 
 Termination 
 
 Shall terminate on same day. (Teriri. 11 7.) 
 Time 
 
 As provided by law. (Miss. IV .".7.) 
 
 To be fixed by legislature. (Okla. V 10.) 
 
 General election. (Mo. IV 10.) 
 
 On day provided by law for holding general election of state 
 
 officers or representatives in Congress. (X.M. IV 4.) 
 On day provided by law for general election of member of Con 
 
 gress. ( Wyo. Ill 5.) 
 First Wednesday of January. (Md. Ill 14.) 
 First Thursday in August, subject to change bj legislature. 
 
 (N.C. II 27.) 
 First Tuesday in October. (Colo. V 2.) 
 
 Second Tuesday in October, except years of presidential election, 
 then to be on Tuesday next after first Monday in November. 
 
 ( [owa III 3, 5.) 
 First Wednesday in October until changed by law. (Ga. Ill 
 
 Sec. IV 2.) 
 In month of November. (X.I I. II 11, 26.) 
 
 First Tuesday after first Monday in November. (Conn. Amend. 
 
 XXXI 1; Fla. Ill 3; 111. IV 2; Md. Ill 7; Mich. V 12; Xev. IV 
 
 3, 4; N.J. IV Sec. I 3; Ohio TI 2; R.I. Amend. XVI I; S.C. 
 III 8; Tenn. II 7; Utah VI 3; Vt. II 36; Va. IV 11. 12; Wis. 
 
 IV 4.) 
 Tuesday following firs! Monday in Xovember of cadi even year. 
 
 (Wyo. VI Elections 5.) 
 First Tuesday after first Monday in November, unless other- 
 wise changed by law. (Wash. II 5; W.Va. IV 7.) 
 First Tuesday after first Monday in November, unless changed 
 
 by legislature. (Ala. IV 46; Cal. IV 3, h XX'. Ill 9 
 Tuesday after first Monday in November; if failure to elect 
 representatives, second election to be held fourfh Monday of 
 same month. (Mass. Amend. 1.1.) 
 Vacancies, See below, this till,. V.\< w.rF.s.
 
 Constitutions 
 
 LEGISLATURE [Cont'd) 
 
 . this tiih. Officebs. 
 
 Appointment 
 
 to cl ae own employees. (N.M. IV 9; S.D. Ill 9; 
 
 Utah VI 12.) 
 Compensation 
 In General 
 
 . I, house to fix pay of own employees. (S.D. Ill 9.) 
 
 I,, be fixed by legislature. ( Ky. 249.) 
 
 I,, be fixed by general law at a per diem for time actually 
 
 employed in discharge of duties. (Va. IV 66.) 
 I,, be prescribed by law; no payment to be made or author- 
 ize! tu any such person, except to an acting employee 
 elected or appointed according to law. (Ala. IV 67; Colo. 
 V 27; Mont. V 28 5 Pa. Ill 10; Wyo. Ill 29.) 
 No allowance or emolument for any purpose whatever to be 
 paid to any agent, servant or employee of either bouse, 
 such per diem as may be provided for by law. not 
 to exceed $5. fMo, IV 16.) 
 Not to exceed amoir.ils specified. (X..M. IV 9.) 
 Clerical expenses of, senate not tq exceed $60 a day for each 
 -,.,n urn those of lower house $70 a day for, each session. 
 
 (Ga. Ill 8.) 
 Total expense for officers, employees and attaches, not to ex- 
 ceed $500 per diem for either house at regular session, nor 
 $200 per diem for either bouse at special session. (Cal. 
 
 IV 23.) 
 None to be paid unless fixed by law in force prior to elec- 
 tion or appointment of such employee. (Xev. IV 28.) 
 Inert asi or Decrepsq 
 
 l'a\ of employee or attache not to be increased after election 
 
 or appointment. (Cal. I V 23.) 
 Not to be increased except by general law. which shall not 
 take effect during term at which increase made. (Okla. 
 
 V 49.) 
 Not to he increased or diminished so as to apply to any em- 
 ployee at such session: (Nev. IV 28.) 
 Number 
 
 To prescribe by law number of, of each hon.se. (Ala. IV 67; Colo. 
 
 \ -J7; Mont. V 28; Pa. Ill 10; Wyo. TTI 29.) 
 To prescribe by general law number, of, of each bouse, including 
 
 clerk. (Va. IV 66.) 
 Not to exceed specific employees enumerated. (Ky. 249; N.M. IV 
 
 9.) 
 to lie increased except by general law, which shall not take 
 died during term at which Lnprease made. (Okla. V 49.) 
 
 in it to employ any one in name of state unless au- 
 thorized h\ pre -existing law. (Tex. Ill 44.) 
 Dui 
 
 ■;. law duties of. for each house. (Ala. IV 67; 
 Colo. \ 27'; Moid. V ^S ; Pa. Ill 10; Wyo. Ill 29.)
 
 l.\i)Kx Dii.i-i B89 
 
 LEGISLATURE (Cont'd) 
 
 Expenses 
 
 Of Members, See below, this title, Memheks Compensation. 
 Payment of 
 
 All expenses connected with session may be paid mil of treasury 
 pursuant to resolution in that behalf'. (Del. VIII 6.) 
 Statement of 
 
 Auditor, within (lit days after adjonrnniehi of each session, 
 
 to prepare and publish full statemeirl of all money expended 
 
 at sueh session, specifying anioiint of each item and to whom 
 
 and for what paid. (III. IV 17; Miss*. I V ll.'i; Net,.-. HI 22.) 
 
 General Powebs 
 
 To have all powers necessary for legislature of free state. (Ala. 
 
 IV 53; N..M. IV 2; N.D. II 48; Wy... Ill 12.) 
 Each house to have all other powers necessary for branch of legis- 
 lature of free state. (Colo. V 12; Conn. HI 8; Del. II 9j End. 
 IV 16; Iowa III 9; Mont. V II; Ore. IV 17; Pa, II 11; Tenn. 
 
 II 12.) 
 TO make all laws or ordinances Consistent with the ((institution aid 
 
 not repugnant to Constitution of the United States, which they may 
 deem necessary and proper for welfare of state. (<ia. Ill Sec. VII 
 
 22.) 
 
 With exceptions stated, to have full power to make and establish 
 
 all reasonable laws and regulations for benefit of people of stale 
 
 not repugnant to state or United States ( (institution. (Me. IV Pt. 
 
 III 1.) 
 To make, ordain and establish all maimer of wholesome and reason 
 
 able orders, laws, statutes, ordinances, directions and instructions, 
 either with penalties or without, nod repugnant or contrary to 
 constitution, as deemed necessary. (Ma-s. I'i. II Ch. I Sec. 1 !; 
 
 N'.II. II 
 Authority to extend "to all rightful subjects of legislation, and 
 any specific grant of authority in this constitution, upon 
 subject whatever, shall not work a rest rict ion. limitation, or ex- 
 clusion of such authority upqn the same or any other subject or 
 subjects whatever"'. (Okla. V 36 f ,) 
 May prepare bills and enact them into law, redress grievances, grant 
 charters of incorporation, subject to provisions of constitution, 
 constitute towns, boroughs, cities and enmities and have all oth< I 
 power necessary for a free and sovereign state, but no power to 
 add to, alter, abolish, or infringe any part of the constitution 
 
 (Vt. II 6.) 
 Halls and Rooms ecu, Furnishing and Repairing of, Set Public Con- 
 tracts — Special Contracts. 
 Ixvestic.vi ions i;y 
 
 Administer Oaths and Affirmations 
 
 Each house to have power to. in matter pending before them. 
 
 (Vt. II 14, lit.) 
 Resolution, order or vote tnaj empower legislate committee to. 
 
 i Miss. l\ CO.)
 
 - . I loNSTITUTIONS 
 
 LEGISLATURE [Cont'd) 
 
 Investigations v.x [Cont'd) 
 Attendance of Witnesses 
 
 the power to punish a person assaulting or arresting a wit- 
 ss ordered to attend house, See above, this title, Contempts. 
 h house may enforce obedience to its processes. (Ala. IV 53; 
 Ark. V 12; Colo. V 12; Pa. II 11.) 
 
 li house tn have power to compel attendance of witnesses upon 
 investigation held by itself or by any of its committees; man- 
 ner uf exercising such power to be provided by law. (Fla. Ill 
 
 10.) 
 
 General Powers in 
 
 Set also above, this title, Contempts. 
 
 Resolution, order or vote may empower legislative committee to 
 -.ml for persons or papers and generally make legislative in- 
 vestigations effective. (Miss. IV 60.) 
 
 Lower house may call for all public or official papers and records 
 and send for persons necessary, in course of inquiry, concerning 
 affairs relating to public interests. (Md. III. 29.) 
 
 Each house to have all powers necessary to obtain, through com- 
 mittee or otherwise, information affecting legislative action 
 under consideration or in contemplation, or with reference to 
 any alleged breach of peace or misconduct of member, and to 
 that end to enforce attendance and testimony of witnesses and 
 production of books and papers. (Ohio II 8.) 
 
 .May punish for contempt, disobedience of process, or contuma- 
 cious or disorderly conduct. (Extends to investigations by 
 either house, committee thereof duly authorized by house cre- 
 ating it. joint sessions, and joint committees when author- 
 ized by joint resolution.) (Okla. V 42.) 
 Refusal of Witness to Attend 
 
 I n h house, during session, may punish by fine or imprisonment 
 any person hot a member guilty of a refusal to obey its lawful 
 summons; but such imprisonment not to extend beyond final 
 adjournment of session. (Fla. Ill !).) 
 
 Each bouse may punish for contempt person refusing to attend 
 as witness or to bring any paper to be used as evidence before 
 legislature, or either house, or committee of either, or to 
 testify concerning matter which may lie proper subject of in- 
 quiry by legislature; punishment and procedure in such case 
 to be prescribed by law, but imprisonment not to extend be- 
 yond session. (Ky. 39.) 
 I Ml-l \c HMENT, 8( e I Ml'i: Mil WENT. 
 JOUBIS \1. 
 
 Contents 
 
 Amendments to bills and votes thereon, See Legislative Pro- 
 cedure — Amendment of Bills. 
 
 Bills and joint resolutions, See Legislative Procedure — Intro- 
 duction of Bills.
 
 Index Digest 891 
 
 LEGISLATURE (Cont'd) 
 Journal (Cont'd) 
 
 Contents (Cont'd) 
 
 Objections of governor to bill. See Legislative Procedure 
 
 Veto of Bills. 
 Proposed amendments to constitution. See Amendment or Re 
 
 vision of Constitution. 
 Note dispensing with reading of bill, See Legislative Peocedi be 
 
 — Readings of Bills. 
 Vote on bills, See Legislative Procedure — Passage of Bills. 
 Vote on elections by legislature, See above, this title, Kin 
 
 TIONS BY. 
 
 Vote on vetoed bills, Sec Legislative Prockdurk — Passage 
 
 oveb Veto. 
 
 , Yeas and nays on any question, Her. below, this title, VOTING. 
 
 English Language 
 
 Legislative written proceedings to be. promulgated and preserved 
 
 in. (La. 165; Mich. MI 6.) 
 Filing of 
 
 To be filed with secretary of state at close of session. (X.M. 
 
 IV 12.) 
 Original journal to be preserved after publication in office of 
 
 secretary of state. (Ga. Ill Sec. VII 5.) 
 Original journal to be preserved after publication in office of 
 secretary of state, but " there shall be required no other record 
 
 thereof". (La. 30.) 
 Keeping Required 
 
 Each house to keep journal of its proceedings. (Ala. IV 55; 
 Ariz. IV 10; Ark. V 12; Gal. IV 10; Colo. V 13; Conn. Ill 9; 
 Del. II 10; Fla. Ill 12; Ga. Ill Sec. VII 4; Ida. Ill 13; 111. 
 IV 10; Ind. IV 12; Iowa III 9; Kan. II 10; Ky. 40; La. 30; 
 Me. IV Pt. Ill 5; Md. Ill 22; Mich. V 16; Minn. IV 5; Miss. 
 IV 55; Mo. IV 42; Mont. V 12; Nebr. IIT S; Xev. IV 11; N.J. 
 IV Sec. IV 4; N.M. IV 12; N.Y. Ill 11; NX. II 16; XI). II 19; 
 Ohio II 9; Okla. V 30; Ore. IV 13; Pa. II 12; K.I. IV 8; S.C. 
 Ill 22; S.D. Ill 13; Tex. Ill 12; Utah VI 14; Va. I V 19; 
 Wash. II 11; W.Va. VI 41; Wis. IV 10; Wyo. Ill 13.) 
 
 Publication Required 
 General Rule 
 
 To be published. (Cal. IV Hi; Ida. Ill 12; III. IV 10; Ind. 
 
 IV 10; Iowa III 9; Kan II 10; Aid. Ill 22; Mich. V 16; 
 
 Nebr. Ill 8; Xev. IV 14; N.Y. HI 11; Ohio II 9; lYnn. II 
 
 21; Utah VI 14; Wash. II 11; Wis. IV 10.) 
 
 To be published daily. ( Ky. 40.) 
 
 To be published from time to time. (Ark. V 12; Me. IV Pt. 
 
 III 5; Miss. IV 55; Mo. IV 12; Minn. IV 5; X.J. IV Sec. 
 
 IV 4; Okla. V 30; Pa. IT 12; S.I). Ill 13; Va. IV 19.) 
 To be published immediately after adjournment. (Ala. IV 
 
 55; Del. II 10; Ga. Ill See. VII 4; La. 30; S.C. Ill 22.)
 
 State l\ institutions 
 
 LEGISLATURE (Cont'd) 
 ''iD 
 Publication Required (( o'nt'd) 
 I Rifle [Cont'd) 
 
 be printed and made public immediately after adjourn- 
 ment, (N.C II 1G.) 
 To be printed and published immediately after each adjourn- 
 ment or prorogation. (X.1I. II 23.) 
 ["o be printed and published tinder authority of secretary of 
 state at close of session. (X.M. IV 12.) 
 
 h house may, in its discretion, publish from time to time. 
 (Colo. V 13; M.mt. V 12; Wyo. Ill 13.) 
 Co be published when requested by one-fifth of members of 
 
 house. (Conn. Ill 9.) 
 Votes and proceedings to be printed when one-third of mem- 
 bers of either house deem necessary, as soon as convenient 
 
 after session. (Vt. II 9.) 
 Legislative written proceedings to he promulgated and pre- 
 served in English Language. (La. 165; Mich. XVI.) 
 Exceptions 
 
 Such parts as require secrecy. (Ala. IV 55; Ark. V 12; 
 Colo. V 13: Del. II 10; Me. IV Pt. Ill 5; Mich. V 16; 
 Miss. IV 55; Mont. V 12; Xehr. Ill 8; N. Y. Ill 11; Pa. 
 II 12; S:C. Ill 22; 8.1). Ill 13; Wash. II 11; Wis. IV 
 
 10; Wyo. Ill 13.) 
 Sueh parts as in judgment of majority of house require 
 
 secrecy. (Conn. Ill 9.) 
 Such parts as welfare of state may require to be kept secret. 
 
 (Tenn. II 21.) 
 In case of executive sessions. (Utah VI 1-1.) 
 
 I.IJIISI.ATIVK POWER VESTED 
 
 Sei Also I Mm i:ii;r i ion of PoiVEBS. 
 S> I al30 lNITJATlVK AND REFERENDUM. 
 
 In senate and house of representatives. (Ida. Ill 1; Kan. II 1; 
 Mich. V 1; Minn. IV I; X.1I. II 2; X.C. II 1; Ohio II 1; Okla. 
 
 V 1; Wash. II 1.) 
 In senate and house of represent at ives, each 1ii have negative on 
 oilier. (Me. |\ Pt I l; .Mass. Pt. II Ch. I Sec. 1 1.) 
 enate and assembly. (Nev. IV 1; X.Y. Ill 1; Wis. IV 1.) 
 I" senate and general assembly. (N.J. IV Sec. ] ].) 
 In enate and house of delegates. (W.Va. VI 1.) 
 
 nate and house of representatives, to he designated the legisla- 
 ture. (Ha. Jl! ]; X.M. IV 1; Itah VI 1; Wyo. TIT 1.) 
 In ->h:>ir an<| hou^e of representatives, to he designated the legis- 
 lative I . (\;|). i| 25 (1914) 52.) 
 penate and house of representatives to .he styled the general as- 
 W- fponn, IIll; Ky. 29; R.c. Ill 1.) 
 
 '"■ cpn is^ing of senate and house of representatives. 
 '•Ma. IV II; Ariz. IV 1; Xehr. Ill 1 ; Miss. IV 33; S.D. Ill I; 
 
 Tex. Ill 1.)
 
 
 I.\hK.\ Digest . 893 
 
 LEGISLATURE, {Cont'd) 
 
 Legislative Power Vested (Cont'd) 
 
 In legislature consisting of senate and assembly. (Cal. IV 1.) 
 
 In general assembly to consisl of senate and house of representa- 
 
 tives. (Ark. V 1; Colo. V 1; Del. II 1; Ca. Ill 1; 111. IV 1; 
 Ind. IV 1; Iowa 111 1; La. 21; .Mo. IV 1; Pa. II 1; R.I. 1\' 2; 
 
 Tenri. II 3; Vt. II 2. 6.) 
 In general assembly to consist of senate and house of delegates. 
 
 (.M<1. Ill 1; Va. 1\' 40.) 
 In legislative assembly consisting of senate and bouse of representa- 
 tives. (Mont. V 1;. Ore. IV 1.) 
 Words "legislative assembly shall provide" or similar or equivalent 
 words in constitution or amendment thereto, not to he construed 
 to grant to legislature exclusive power of lawmaking or in any way 
 to limit initiative and referendum powers reserved by people. (Ore. 
 
 II 18.) 
 Lobbying 
 
 To enact laws and adopt rules prohibiting, on floor of either house. 
 
 (Ariz. XX 11 lit.) 
 Declared to be crime; legislature to enforce provision h\ suitable 
 
 penalties. (Ca. I Sec. II 5.) 
 Defined and declared to be felony; legislature to provide by law for 
 punishment thereof. Any person compellable to testify in lawful 
 investigation or judicial proceedings against person (barged with; 
 testimony not to be withheld on ground that it may incriminate 
 or subject to public infamy but not to be used against him in 
 judicial proceedings, except for perjury in giving it. (Cal. IV 35.) 
 No state or county official, during term of office, to accept directly 
 or indirectly any fee, office, appointment, employment, reward or 
 thing of value, or of personal advantage, or the promise thereof, 
 to lobby for or against any pending measure, or to give or withhold 
 bis influence to secure passage or defeat of such measure. (Ala. 
 
 IV 101.) 
 Members 
 
 Appointment of 
 
 Prohibited. (Ky. 152.) 
 Appointment to Office Prohibited, See below, this title, Qtjalifn \ 
 
 TTONS AND DISQUALIFICATIONS OF MEMBERS — DUAL OfFICE- 
 
 I [OLDING. 
 
 Apportionment, See above, this title', Apportionment of Mem 
 Arrest, Privilege from 
 
 See also helow,- this subdivision. Civil. PROCESS, PRIVILEGE from. 
 General Rule 
 
 During session. (Va. IV 48.) 
 
 During session and in going to and returning from same. 
 (Del. II 13; Ida. Til 7; ill. IV 14; Iowa III 11: Kan. 
 II 22; La. 2S ; Me. IV Pt. Ill 8; Ohio 11 12; Okla. V 22; 
 Ore. IV 9; S.D. Ill 11; Tenn. IT Kb) 
 During session and in going to and returning from same 
 (allowing one day for every 20 miles such men Vr may
 
 State Constitutions 
 
 LEGISLATURE (Cont'd) 
 .Mi t?d) 
 
 Arrest, Privilege from (Cont'd) 
 ral Rule (Cont'd) 
 reside from place at which legislature is convened). 
 
 (Tex. Ill 14.) 
 During attendance at .sessions and in going to and returning 
 from same. (Ala. IV 56; Ark. V 15; Colo. V 16; Ga. 
 
 III Sec. VII 3; End. IV 8; Ky. 43; Minn. IV 8; Mont. V 
 15; N.J. IV See. IV 8; X.M. IV 13; X.D. II 42; Pa. II 15; 
 
 Wyo. Ill 16.) 
 
 During session and for 10 days before and after same. 
 
 (VV.Va. VI 17.) 
 
 To be protected in person and estate during attendance, in 
 going to and returning from legislature, and 10 days 
 before and after session. (S.C. Ill 14.) 
 
 During session and for 15 days next before commence- 
 ment thereof. (Ariz IV Pt. II 0; Wash. II 10.) 
 
 During session, for 15 days next preceding each session, 
 and in returning therefrom. (Utah VI 8.) 
 
 During session and for 15 days next before commence- 
 ment and after termination thereof. (Cal. IV 11; Mich. 
 V S; Miss. IV 4S; Mo. XIV 12; Xebr. Ill 12; Wis. IV 15.) 
 Exceptions 
 
 Treason. (Ala. IV 56; Ark. V 15; Ariz. IV Pt. II 6; Cal. 
 
 IV 11; Colo. V 16; Del. II 13; Ga. Ill Sec. VII 3; 
 
 Ida. Ill 7; 111. IV 14; Ind. IV 8; Iowa III 11; Ky. 43; 
 La. 28; Me. IV Pt. Ill 8; Mich. V S; Minn. IV 8; Miss. 
 
 IV IS. Mo. XIV 12; Mont. V 15; Xebr. Ill 12; X.J. IV 
 Sec. 1\ • s ; X.M. IV 13; X.D. II 42; Ohio II 12; Okla. V 
 22; Ore. IV 9 ; Pa. II 15; S.C. III 14; S.D. Ill 11; Tenn. 
 
 II 13; Tex. Ill 14; Utah VI S; Va. IV 4S; Wash. II 16; 
 W.Va. VI 17; Wis. IV 15; Wyo. Ill 16.) 
 
 Felony. (Ala. IV 56; Ark. V 15; Ariz. IV Pt. II 6; Cal. 
 IV 11; Colo. V 10; Del. II 13; Ga. Ill Sec. VII 3; Ida. 
 
 III 7; HI. IV 14; Ind. IV 8; Iowa III 11; Kan. II 22; Ky. 
 43; La. 28; Me. IV Pt. Ill 8; Mich. V 8; Minn. IV S; Miss. 
 
 IV 48; Mo. XIV 12; Mont. V 15; Xebr. Ill 12; X.J. 
 
 IV Sec. IV 8; X.M. TV 13; X.D. II 42; Ohio II 12; Okla. 
 
 V 22; Ore. IV 9; Pa. II 15; S.C. Ill 14; S.D. Ill 11; 
 Tenn. II 13; Tex. Ill 14; Utah VI S; Va. IV 48; Wash. 
 II 10; W.Va. VI 17; Wis. TV 15; Wyo. Ill 16.) 
 
 Breach of peace. (Ala. IV 56; Ariz. IV Pt. II 0; Cal. IV 
 11. Del. II 13; Ga. Ill Sec. VII 3; Ida. Ill 7; 111. IV 14 
 Ind. I\ • s ; Ipwa III 11; Kan. II 22; Ky. 43; La. 28 
 Me. IV I't. Ill s ; Mi.h. V S; Minn. TV 8; Miss. IV 48 
 Mo. XIV 12; Mont. V 15; Xebr. Ill 12; X.J. TV Sec. IV 8 
 N.M. IV 13; Ohio II 12; Okla. V 22; Ore. IV 9; S.C. Ill 
 I'; S.D. Ill 11; Tenn. II 13; Tex. Ill 14; Utah VI 8; 
 Va. IV IS; Wash. II 10; W.Va. VI 17; Wis. IV 15; 
 
 Wyo. Ill 16.)
 
 Index Digest 895 
 
 LEGISLATURE (Cont'd) 
 
 Members (Cont'd) 
 
 Arrest, Privilege from (Cont'd) 
 Exceptions ( Von t'd) 
 
 Breach of surely of peace. (Ky. 43.) 
 
 Breach of surely of peace. (Ark. V 15 j Colo. V 16; Pa. 
 
 II 1.1.) 
 
 Violation of oath of office: (Ala. IV 56; Colo. V lti; Mont. 
 
 V 15; Pa. II 15; Wyo. Ill l(i.) 
 Larceny. (Ga. Ill Sec VII ;s.) 
 Theft. (Miss. IV 48.) 
 Attendance at Sessions, Compelling, Nee below, this title, Qi oi:r.\i 
 Powers of Smaller Number. 
 
 Books Not to be Purchased for 
 
 No book, or other printed matter, not appertaining to business 
 of session, to be purchased or subscribed for at public expense 
 for use of members, or distributed among them. ( Md. Ill lfl.) 
 
 Bribery 
 
 See also below, this subdivision, Corrupt Solicitation of. 
 As disqualification, .See also below, this title, QUALIFICATIONS 
 
 and Disqualifications of Members. 
 For the power to protect members from offers of bribery, See 
 
 below, this subdivision, Protection op. 
 In General 
 
 Defined; to be punished as provided by law. (Ala. IV 70, 
 
 80; Del. II 22.) 
 Defined; to be felony and punishable as such. (Ark. V 35.) 
 Defined, to be punished according to law and member guiltj 
 
 thereof to forfeit office. (Tex. XVI 41.) 
 Bribery and solicitation of bribery defined; to be punished 
 
 by fine or imprisonment. (N.M. IV 39, 40.) 
 Legislature to provide by law for punishment of, conviction 
 of, to disfranchise forever and to disqualify from holding 
 office of trust or profit in state. (Md. Ill 50.) 
 Defined; conviction of, to disqualify from holding office or 
 position of trust or profit in state, in addition to punish- 
 ment provided by law. (S.I). Ill 28.) 
 Defined; conviction of, to disqualify from holding office or 
 position of honor, trust or prpfil in state, in addition to 
 punishment provided by law. (Pa. Ml 29, 30, 32; Wash. 
 
 II 30'; Wyo. Ill 43, 44.) 
 Defined and declared to be felony i member con\iclcd of, in 
 addition to punishment as provided by law, to be dis- 
 franchised and forever disqualified from holding any office 
 or public trust'. (Cal. IV 35.) 
 Bribery and solicitation of bribery defined; person convicted 
 Of either to be expelled, if a member, and to be ineligible 
 thereafter to legislature and liable to sm-h further penaltj 
 as prescribed by law. (N.D. II 10.)
 
 
 I. CONSTITl CIONS 
 
 LEGISLATURE [Cont'd) 
 Mi I'd) 
 
 Bribery i ( 'on I 
 
 hi General [Conf'd) 
 
 Bribery and solicitation pi bribery defined; member guilty 
 ither, to be expelled and thereafter ineligible to legis- 
 lature and liable to further penalty as prescribed by law. 
 Guilty person not member to be punished as provided by 
 law. ' (Colo. V 1(), 41, XII 0; Mont. V 41, 42.) 
 Denned; person convicted /thereof, by court or by house of 
 which a member or office?, to be disqualiiied forever from 
 holding any office, state, parochial or municipal, and to be 
 forever ineligible to legislature; provision not to prevent 
 legislature from enacting additional penalty. (La. 183.) 
 To provide for punishment by imprisonment of person brib- 
 ing or attempting to bribe member, or member demanding 
 or receiving bribe; person convicted of, to be disquali- 
 lied forever from holding Qffifte of honor, trust or profit in 
 
 state. (W.Va. VI 45.) 
 Each house during session may punish any person offering 
 or giving bribe to member, or attempting by corrupt 
 means to advise or influence member to cast or withhold 
 vote; punishment and procedure to be prescribed by law, 
 but imprisonment not to extend beyond session. (Ky. 39.) 
 II i lilt SSi s 
 
 Any person compellable to testify in lawful investigation 
 or judicial proceeding against person charged with; testi- 
 mony not to lie withheld on ground that it may incrim- 
 inate or subject to public infamy, but not to be used 
 against him in judicial proceeding, except for perjury in 
 giving it. (Gal. IV 35; La. 1S4; N.M. IV 41; Pa. Ill 
 82; S.I). Ill 2S; Wash. II 30; Wyo. Ill 44.) 
 Any person may be compelled by law to testify, but to be 
 exempt from trial and punishment for offenses of which 
 guilty and concerning which compelled to testify. (W.Va. 
 
 VI 45.) 
 
 To provide by law for compelling any person to testify in 
 
 bribery proceedings, but such person to be exempi from 
 
 (rial and punishment for (he offense of wliich guilty. 
 
 (Md. Ill 50.) 
 Civil Process, Privilege from 
 
 Move, this subdivision, Arrest, Privilege from. 
 Noi to be arrested or held for bail oil mesne process during, 
 going to or returning from attendance upon sessions. (N.H. 
 
 II 20.) 
 
 '" '" arrpsted or held on mesne process during session or 
 
 in going to or reluming from same. (Mass. Pt. II Oh. I 
 
 Sec. ITT 10, 11.)
 
 Index JJk.ksi 897 
 
 LEGISLATURE {Cont'd) 
 Members (Cont'd) 
 
 Civil Process, Privilege from (Cont'd,) 
 
 Person bo be exempt from arresl or from attachment in any civil 
 
 action daring session and two days before commence nt and 
 
 after terminal inn thereof; process served contrary herein to 
 
 be void; ( i:.l. IV 5.) 
 
 Privileged from arrest on, during session and for four days before 
 
 commencemenl and after) termination theieofi (Conn, lil 10.) 
 
 Not liable to. during session nor during 10 days nexl before 
 
 commencemenl thereof. (Ida. Ill 7.) 
 Xot subject to, during session nor for L5 days nexl before 
 commencement thereof. (Ariz. IV l't. II (i -. hid. I V 8; Ore. 
 
 1\ 9; Wash. !1 16.) 
 Xot subject to service of. during session or for 15 days pre- 
 vious to its commencement. (Kan. il 22.) 
 Privileged from arrest on, during session and for 15 days nexl 
 
 before commencement. ( Xev. IV 11.) 
 Xot subject to, during session and for 15 days next before 
 commencement and after termination thereof. (Cal. I V 11; 
 
 Mich. \ 8; Wis. [V L5.) 
 
 Xot subject to arrest under, during sessions nor for 15 days 
 
 next before commencement of after termination thereof. (Va. 
 
 IV is. i 
 
 To be protected in person and estate during attendance in going 
 
 to and returning from legislature and 10 day- before and 
 
 after session. (S.C. Ill 14.) 
 Classification of Senators 
 
 Senate to be so classified thai one-half of number, as nearly as 
 practicable!, elected every two years. (Colo. V 5 : Iowa 11! 6; 
 Mont. V 4: Xev. XVII 9, 10; \'.1>. II 30; S.< . Ill 8; Va. 
 
 Sched. 10.) 
 First senators divided in two classes with respecl to term of 
 office so thai thereafter one-half of senate, as nearly as prac- 
 ticable, elected biennially. (Ark. Y 3; Cal. IV 5; Del. Sched. 
 3- Fla. VI 1 2; 111. [V II: Ky. Ml: Md. [II 8 j Okla. V 9; 
 Pa. Sched. 3, 4: Wash. II 6; V .Va. VI 3; Wis. I\ 5; Wyo. 
 
 Ill 2.) 
 First senators- divided into two classes with respecl to term of 
 oilice. so thai thereafter one-half of senate, as nearly as pos- 
 sible, chosen biennially. If number increased, new senators to 
 be annexed by (ol Lo one of classes as equally as possible. 
 (Ind. JTV 3; Ore. IV 4: ("tali \ I !. 
 Classified with respecl to term of office so thai one-half of Benate 
 elected. biennially, bul entire senate to be elected after each 
 new apportionment. (Minn. H 24.) 
 Xew senate to be chosen after ever\ apportionment and senators 
 then elected divided by lot into twq classes, one class with 
 term of tWo years with term of four years, so that 
 
 thereafter half of senate chosen biennially. (Tex. Ill 
 
 29
 
 State Constitutions 
 
 LEGISLATURE (Cont'd) 
 
 Mi \ir.i B t'd ' 
 
 Classification of Senators (Cont'd) 
 
 r first election senators divided into three classes with terms 
 of one, two and three years respectively, so that thereafter one 
 class elected annually, i N.J. IV See. II 2.) 
 Compensation 
 
 President of Senate. See below, this title, President of Sen- 
 ate; See Lieutenant-Governor. 
 Speaker of House, See below, this title, Speaker of House. 
 
 Ill (,■ in nil 
 
 As provided by law. (Ind. IV 29; Iowa III 25; Minn. IV 
 
 7: Miss. IV 46; Xev. 1\ T 33.) 
 \v provided by law, but no legislature to fix its own com- 
 pensation. (Mont. V 5; Wyo. Ill 6.) 
 Fixed compensation to be prescribed by law and no other 
 allowance or perquisites either in payment of postage or 
 
 otherwise. (Ohio II 31.) 
 To receive such salary and mileage for regular and special 
 sessions as fixed by law and no other compensation what- 
 ever, whether for service upon committee or otherwise. 
 
 (Pa. II S.) 
 'J'n receive no pay or perquisites other than salary and 
 
 mileage. (Xcbr. HI 4.) 
 To receive no other pay or perquisites except per diem and 
 
 mileage. (S.D. Ill 6.) 
 To "receive no compensation, perquisite or allowance, what- 
 ever, except as provided in constitution. (Ark. V 16 
 (1914) ; Colo. V 6 (1914).) 
 Salary 
 
 In case of failure to organize, See above, this title, Sessions 
 
 — Failure to Organize. 
 As prescribed by law. (111. IV 21; Me. IV Pt. Ill 7; Va. 
 
 IV 45.) 
 
 Per diem fixed by law. but not to receive any compensation 
 
 for more than 40 days of any one session. (S.C. Ill 
 
 19, 9.) 
 To be fixed by Law, but nol to be allowed for period exceed- 
 ing 60 days at regular session or for period exceeding 
 30 days al extra session. (Ya. IV 45, 46.) 
 Three dollars a day from commencement of session but not 
 to exceed in aggregate $120 for any one session. (Ore. 
 
 IV 29.) 
 Three dollars for each day's actual service but not to exceed 
 
 in aggregate $150 for regular session. (Kan. II 3.) 
 Four dollars per diem. (Ala. IV 49; W.Va. VI 33.) 
 Not to exceed $4 a day. (Ga. HI 9.) 
 
 So much per diem as legislature may provide, not exceeding 
 
 $4. (Utah VI 9.)
 
 J.M>F..\ DlGKST 89'9 
 
 LEGISLATURE (Cont'd) 
 Members (Cont'd) 
 
 Compensation (Cont'd) 
 Salary (Cont'd) 
 
 Four dollars a day for cadi day of session, for a period not 
 exceeding 60 days; if longer in session to receive no 
 compensation. (N.C. II 28.) 
 Four dollars per day, but not to be paid for more than 
 75 days of regular session or 20 days of extra session, or 
 for any day when absent unless physically unable to 
 attend. (Tenn. II 23.) 
 Five dollars a day. (N.D. II 45.) 
 Five dollars for each day's attendance during session. (Ky. 
 
 42; La. 29; N.M. IV 10; S.D. Ill 6; Wash. II 23.) 
 Five dollars a day for every day attended, but not for days 
 absent, unless absent on account of sickness or by leave 
 
 of house. (Md. Ill 15.) 
 
 Not exceeding $5 a day from commencement of session but 
 
 not to exceed in aggregate $300 for any one session. (Ida. 
 
 Ill 23.) 
 
 Five dollars for every day of actual attendance for not 
 
 exceeding 60 days' attendance in any calendar year. 
 
 (R.I. Amend. XI 1.) 
 
 Five dollars a day for each day of session not exceeding 
 
 60 days; no compensation for longer session. (Del. II 15.) 
 
 As may from time to time be provided by law not exceeding 
 
 $5 a day for the first 60 days of each session and after 
 
 that not exceeding $2 a day for remainder of session. 
 
 (Tex. Ill 24.) 
 As provided by law but not to exceed $5 per diem for first 
 70 days of each session and after that not to exceed 
 $1 per diem for remainder of session, except during revis- 
 ing session, when they may receive $5 per diem for 120 
 days and $1 a day for remainder of session. (Mo. IV 16.) 
 Not to exceed $6 a dav for each day of session. (Fla. Ill 
 
 4.) 
 Six dollars per diem during first 60 days of regular session; 
 if session extended, to serve thereafter without furt hel- 
 per diem. (Ark. V 16, 1914.) 
 Six dollars per diem for first 60 days of session; there- 
 after, $2 per diem during session. (Okla. V 21.) 
 Seven dollars per diem, until otherwise provided by law; 
 but salary to be paid for period not to exceed 60 days 
 in any one session. (Ariz. IV Pt. II 22.) 
 Two hundred dollars for each member seasonably attending 
 
 and not departing without license. (N'.II. TT 14.) 
 Not to exceed S300 for term for which elected. (Conn. 
 
 Amend. XXVII 3.) 
 Five hundred dollars for and during regular session. (Wis. 
 
 TV 21.)
 
 ate Constitutions 
 
 LEGISLATURE (font 
 :s [Corn 
 Compensation (Cont'd) 
 dory (Cont'd) 
 
 Five hundred dollars annually during time for which elected 
 and while office is held; no other allowance or emolument 
 for any purpose. (N.J. IV Sec. IV 7.) 
 six hundred dollars for each regular session during their 
 
 term. (Nebr. Ill 4.) 
 Eight hundred dollars for regular session. (Mich. V 9.) 
 One thousand dollars for each regular session to be paid at 
 such times during session as prescribed by law. (Cal. 
 
 IV 23.) 
 Until otherwise provided by law, $1,000 for each biennial 
 period, payable at rate of $7 per day during both regular 
 and special session, and remainder, if any, payable on first 
 day of last month of biennial period. No legislature to 
 fix its own compensation. (Colo. V 6 (1914).) 
 To receive an annual salary of $1,500. (N.Y. Ill 6.) 
 
 Expenses 
 
 I'ntil otherwise provided by law, all actual and necessary 
 traveling expenses to be paid after incurred and audited. 
 Xo legislature to fix its own compensation. (Colo. V 6 
 
 (1914).) 
 
 Cost for stationery and other supplies not to exceed $25 
 
 for regular session or $10 for special session. (Del. II 
 
 15.) 
 Appropriation may be made for annual expenses incurred 
 for express charges, newspapers and stationery not exceed- 
 ing $60 for any general or special session. (Nev. IV 33.) 
 Fifty dollars per session, to be in full for postage, stationery, 
 newspaper and all other incidental expenses and purposes; 
 mileage as prescribed by law. (111. IV 21.) 
 Expenses of members of lower house in traveling to legis- 
 lature and returning therefrom once in each session and 
 no more to be paid to each member who seasonably attends 
 in judgment of house and does not depart without leave. 
 
 (Me. IV Pt. Ill 7.) 
 To receive traveling expenses and mileage " not greater 
 than now provided by law"; may receive at regular ses- 
 sion $30 for all stationery, postage and other incidentals 
 
 and perquisites. (Mo. IV 16.) 
 Five cents per mile in going to and returning from seat of 
 
 government. (La. 29.) 
 Five cents per mile for ordinary route of travel in going to 
 
 and returning from place of session. (S.C. Ill 19.) 
 Eight cents per mile in going to and returning from ses- 
 sions. (R.I. Amend XI 1.)
 
 Index Digest 901 
 
 LEGISLATURE {Cont'd) 
 
 Members (Cont'd) 
 
 Compensation (Cont'd) 
 Expenses (Cont'd) 
 
 Ten cents for each mile of necessary travel in going to and 
 
 returning from session's on most usual route. (Ala. IV 
 
 49; Ga. Ill Sec. IX 1; Xebr. Ill 4; \\M. IV 10; N.i . II 
 
 28; X'.D. II 45; Okla. V 21; S.D. Ill 6; Wash. II 23.) 
 
 Ten cents per mile for each mile traveled in going to and 
 
 returning from seat of government over most direct and 
 
 practicable route. (Ark. V 16 (1914).) 
 
 Ten cents a mile each way by usual traveled route; if pass 
 
 • used, number of miles traveled on pass to be deducted. 
 
 (Ida. Ill 23.) 
 One dollar for each 10 miles traveled in going to and re- 
 turning from place of meeting, once each session, by most 
 
 usual route. (X.Y. Ill 6.) 
 
 Mileage to and from the seat of government by nearest and 
 
 most practicable route, not to exceed 10 cents a mile, each 
 
 way. (Fla. Ill 4.) 
 As fixed by law, but not to exceed 10 cents a mile; each 
 member to be allowed contingent expenses not exceeding 
 $25 for each regular session. (Cal. IV 23.) 
 Such mileage as legislature may provide, not exceeding 10 
 cents per mile for distance necessarily traveled going to 
 and returning from place of meeting on most usual mute; 
 to receive no other pay or perquisite, (Utah VI 9.) 
 Ten cents a mile for one round trip to. session by usual 
 traveled route; to be entitled to one copy of laws, journal 
 and documents of legislature of which a member, but not 
 to receive at expense of state, books, newspapers or per- 
 quisites not especially authorized by constitution. (Mich. 
 
 V 9.) 
 Ten cents for each mil** traveled in coming to and returning 
 from seat of government by most direct route: no other al- 
 lowance or emolument to be paid directly or indirectly for 
 postage, stationery, newspaper or any other purpose. 
 
 (W. Va. VI 33.) 
 Ten cents for every mile traveled in going to and returning 
 from place of meeting on most usual mute: no stationery, 
 newspapers, postage or other purposes, except salary and 
 mileage as provided, to be received from state or in any 
 other manner as such member. (Wis. IV 21.) 
 Fifteen cents for each mile necessarily traveled in going to 
 and returning from seat of governments (Kan. II 3: Kv 
 
 42.1 
 
 Three dollars for each 20 miles traveled in going to and 
 
 returning from place of meeting on mosi usual route. 
 
 (Ore. IV 29.)
 
 State Constitutions 
 
 LEGISLATURE (Cont'd) 
 
 Ml.Ml;l . I'd) 
 
 Compensation (Cont'd) 
 • uses (Cont'd) 
 I,, receive such mileage as allowed by law, not exceeding 
 
 20 cents per mile-. (Md. Ill 15.) 
 To receive mileage one way by shortest practicable route at 
 
 rate of 20 rents per mile. (Ariz. IV Pt. II 22.) 
 Four dollars for every 25 miles traveling to and from seat 
 
 of government. (Tenn. II 23.) 
 To receive one mileage each way at rate of 25 cents per 
 
 mile. (Conn. Amend. XXVII 3.) 
 .Mileage not to exceed $5 for each 25 miles, distance 
 
 to be determined by table prepared by comptroller of 
 
 state. (Tex. Ill 24.) 
 
 8p( r ial Sessions 
 
 To be same as at regular sessions. (Md. Ill 15.) 
 To receive only usual per diem and mileage. (Utah VI 16.) 
 To receive same compensation as fixed by law for regular 
 
 session. (S.C. Ill 19.) 
 
 To receive same mileage and per diem compensation as fixed 
 
 by law for regular session and no other. (Iowa III 25.) 
 
 To receive same compensation as for regular session for 
 
 period not exceeding 20 days. (X.C. II 28.) 
 Three dollars a day. (Ore. IV 29.) 
 Three dollars for each day's actual service, but not to exceed 
 
 in aggregate .$90. (Kan. II 3.) 
 Additional compensation of $3 a day for period not exceed- 
 ing 15 days and usual mileage. (X.H. II 14.) 
 Three dollars per diem for first 15 days, no compensa- 
 tion for longer period. To receive same mileage as pro- 
 vided for regular sessions. (Ark. V 16 (1914).) 
 Salary of $5 a day and mileage as allowed for regular ses- 
 sion. (Ida. Ill 23.) 
 Xot more than 10 cents mileage and per diem of not exceed- 
 ing $5. '(Miss. IV 36.) 
 Salary of $5 a day for first 20 days and nothing there- 
 after; to receive mileage as in case of regular session. 
 
 (Mich. V 9.) 
 Five dollars a day during session for period not exceeding 
 30 days; cost for stationery and other supplies not to 
 
 exceed $10. (Del. II 15.) 
 1 1 ti dollars per diem for period not exceeding 30 days. 
 
 (Cal. IV 23.) 
 When senate alone convened in extraordinary session sena- 
 tes io receive additional allowance of $10 a day. (X.Y. 
 
 Ill 6.) 
 I" receive mileage al same rate as in case of regular ses- 
 sion. (Conn. Amend. XXVII 3.)
 
 Index Digest 903 
 
 LEGISLATURE (Cont'd) 
 Members (Cont'd) 
 
 Compensation (Cont'd) 
 
 Special Sessions (Cont'd) 
 
 Xo additional compensation to be allowed, directlj or in- 
 directly, except for mileage, i Wis. IV 21.) 
 To receive traveling expenses and mileage " no! greater than 
 now provided by law ": not to be entitled to Buch ex 
 penses for extra sessions called within one daj after 
 adjournment of regulai session. (Mo. IV 16.) 
 Mileage as in case of regular session, l>ut no member to lie 
 entitled to mileage for extra sessions called within one 
 day of adjournment of regular or called session. (Tex. 
 
 Ill 24.) 
 
 Appropriation may be made for annual expenses incurred for 
 
 express charges, newspapers and stationery not exceeding 
 
 $60. (Nev. IV 33.) 
 During Recess 
 
 Xot to receive pay for any recess for longer time than three 
 
 days. (Cal. IV 14.) 
 Wh&i Sitting as Court of Impeachment 
 
 Senators to receive $4 per day of actual attendance. (Tenn. 
 
 II 23.) 
 
 To receive only usual per diem and mileage when regular 
 
 session, trying cases of impeachment, exceeds 60 days. 
 
 (Utah VI 16.) 
 Increase or Decrease 
 
 May be increased or decreased, but no alteration to take 
 effect during session at which made. (Ky. 42; Miss. IV 
 
 46.) 
 Legislature to provide for no increase of salaries to take 
 effect before session of next legislature. (Ark. XIX 11.) 
 Increase not to take effect at session at which increase was 
 
 made. (Ind. IV 29.) 
 Xo legislature to have power to increase compensation of 
 
 its members. (Iowa III 25.) 
 Xo legislature to have power to increase per diem of own 
 
 members. (S.C. Ill 19.) 
 Xot to be changed during term for which elected. (111. IV 
 
 21.) 
 Increase not to take effect during term tor which member 
 
 elected. (Xev. IV 33.) 
 Xo change in compensation of members to take effect during 
 
 their term of office. (Ohio II 31.) 
 
 Xo law increasing salary to lake effect until after end of 
 
 term for which members voting thereon were elected. 
 
 (Va. l\ 1.',.) 
 
 Xot to receive, during term for which elected, any increase 
 
 of salary or mileage under law passed during such term. 
 
 (Ark. Y 9; Colo. V !»-. Mont. V S; Pa. II 8; Wyo. Ill 
 
 9.1
 
 State .4 Institutions 
 
 «;ISLATURE (Cont'd) 
 t'd) 
 Compensation (Cont'd) 
 
 Increase or Decrease (Con I'd) 
 
 Increase not to lake effect during exist once of legislature 
 
 which enacted increase. (Me. IV Ft'. Ill 7.) 
 No increase to take effect during period for which member 
 of existing lower house may have been elected. (Minn. 
 
 IV 7.) 
 Not to be changed .luring term for which elected, but legis- 
 lature to regulate, by general law, in what cases and what 
 deduction to be made for neglect of official duties. (Ky. 
 
 235. ) 
 
 tification and Publication of 
 
 and mileage allowed to each member to be certified by 
 speaker of respective house, entered on journal, and pub- 
 lished at close of session. (111. IV 21.) 
 
 How Paid 
 
 May be paid out of treasury pursuant to resolution in that 
 
 behalf. (Del. VIII 6.) 
 
 Corrupt Solicitation of 
 
 See also above, this subdivision, Bribery. 
 
 As disqualification, See below, lliis title, Qualifications and 
 
 Disqualifications of Members. 
 For the power to protect members from corrupt solicitation, 
 : ■ below, this subdivision, Protection of. 
 
 In G-t 10 ■ml 
 
 To be defined by law and to be punishable by fine and im- 
 prisonment. (Ala. IV 81; Colo. V 42; Mont. V 43.) 
 To be defined by law and punished by fine and imprison- 
 ment; conviction of, to disqualify from holding office or 
 position of trust or profit in state. (S.D. Ill 28.) 
 L'o be defined by law and punished by fine and imprison- 
 ment : conviction of, to disqualify from holding office or 
 position of honor, trust or profit in state. (Pa. Ill 31, 
 
 32; Wash. II 30; Wyo. Ill 44, 45.) 
 Witnet 
 
 Any person compellable to testify in lawful investigation or 
 judicial proceeding against person charged with; testi- 
 
 i j nol to be withheld on ground that it may inerimi- 
 
 ite or subject to public infamy, but not to be used 
 
 against him in judicial proceeding, except for perjury in 
 
 ring it. (Cal. IV 35; Pa. TIT 32; S.D. Ill 28; Wash. 
 
 II 30; Wyo. Ill 44.) 
 Disqualified from Acting as Counsel 
 
 to receive, directly or indirectly, a fee, or be engaged as 
 ii-cl. en1 or attorney in prosecution of claim against 
 
 state. (Ore. XV 7.)
 
 I.\i)i;x Dh.i-.h 90i 
 
 LEGISLATURE (Cont'd) 
 Members [Cont'd] 
 
 Disqualified from Acting as Counsel (Cont'd) 
 
 STol to receive fee or award to introduce or advocate any bill, 
 petition or <»tlier business to be transacted in legislature or ad- 
 vocate any clause as counsel in either bouse, except when 
 employed on behalf of stale. (Vt. II 12.) 
 Xot to take any fee or reward or he counsel in measure 
 pending before either bouse under penality of suspension from 
 seat upon proof thereof to satisfaction of house of which a 
 
 member, i Miss. IV 17. i 
 
 Not to take fees or be of counsel in any cause before either 
 
 branch of the legislature; upon due proof thereof seal to be 
 
 vacated. i.X.ll. II 7.) 
 Not to take fee or be of counsel in case pending before either 
 bouse under penalty of forfeiting aeal upon proof thereof to 
 satisfaction of bouse of winch a member. (R.I. IV 4.) 
 District Represented, See above, this title, .\itoktio.\mi..\ i oi Mi u 
 
 BER.S. 
 
 Election, See above, this title, Electiqh of Members. 
 Expulsion of 
 
 As <lix<ju<iUfic<ii;<,it. See belpw, litis litl*. (.ir.u.iih itions a.m. 
 
 DlSQUAI.ll'K'ATlO.NS OF MEMBERS. 
 
 Rule 
 
 Each bouse may expel by vote of two-thirds of house. (Ga. 
 
 Ill See. VII 1.) 
 
 Each house may expel with concurrence of two-thirds. 
 
 (Ariz. IV Pt.II 11; Mont. V 11: X .J . IV See. IV 3; 
 
 N.D. II 48; Okla. V 30 j Va. IV 47; Wyo. HI 12.) 
 
 Each house with concurrence of two-thirds of all members 
 
 present, may expel. (Fla. Ill <i. | 
 Each house may expel for good cause 4im\n. with concur- 
 rence of two-thirds of all members. (Ida. Ill 11.) 
 Each house may expel with concurrence of two-thirds of all 
 its members elected. (t'al. IV 9; Del. II it; La. 25; 
 
 .Mich. V IT); Xev. IV 6.) 
 Each bouse, with concurrence of two-thirds of all the mem- 
 bers elected, may expel for cause. (Utah VI 10.) 
 Each house may expel, but not for causes known t.> con 
 
 stituents antecedent to election. (N't. II 14. 19.) 
 Each house may. with concurrence of two-third-, expel, but 
 not a second time for same cause. (Ala. IV 53 ; Ark. 
 V 12; Colo, y 12; Conn. Ill 8; lnd. IV 14; Eowa III 9; 
 Ky. 39; Me. IV Pt. Ill 4; .Minn. IV 4; XAI. [V 11; Ohio 
 118; Ore. IV 15; Pa. II 11; R.I. IV 7. S.C. Ill 12. Tenn. 
 
 II 12; Tex. Ill 11.) 
 Each house, with concurrence of two-thirds of members 
 elected thereto, may expel, but not twice foi same offens 
 (111. TV 9; .Md. Ill 1.9; Mo. IV 17; Xehr. HI 7; Wash. 
 
 II 9; V \Va. VI 25.; Wis. I\ 8
 
 - l ti Constitutions 
 
 LEGISLATURE [Cont'd) 
 Mi.- iFd) 
 
 Expulsion of (Cont'd) 
 t'd) 
 Each house may expel with concurrence of two-thirds of all 
 members elected; reasons for expulsion to be entered 
 upon journal with names of members voting; no member to 
 be expelled a second time for same cause. (Mich. IV 15.) 
 Each house may expo] with concurrence of two-thirds of 
 members present, but no member, unless expelled for 
 theft, bribery or corruption, to be expelled a second time 
 for same offense. (Miss. IV 55.) 
 
 ect 
 
 Not a bar to criminal prosecution. (X.M. IV 11.) 
 Proceedings to expel for criminal offense, whether successful 
 or not. not to bar indictment and punishment under 
 criminal law for same offense. (Ark. V 36.) 
 Freedom of Speech 
 
 For the power to punish a person for threatening or assaulting 
 •i member for any speech in either house, See above, this title, 
 
 Contempts. 
 
 Not to be questioned in any other place for any speech or debate 
 
 in either house. (Ala. IV 56; Ark. V 15; Colo. V 16; Conn. 
 
 Ill 10; Del. II 13; 111. IV 14; Ind. IV 8; Kan. II 22; Ky. 43; 
 
 La. 28; Mich. V 8; Minn. IV S; Mo. XIV 12; Mont. V 15; 
 
 X..I. IV Sec. IV 8; X.M. IV 13; X.Y. Ill 12; X.D. II 42; 
 
 Ohio II 12; Okla. V 22; Pa. II 15; R.I. IV 5; S.D. Ill 11; 
 
 lenn. II 13; Utah VI 8; Va. IV 48; Wyo. Ill 16.) 
 
 Not to he questioned in any other place for words spoken in 
 
 debate in either house. (Ida. Ill 7; Ore. IV 9; Tex. Ill 21.) 
 
 Not to he liable to answer for anything spoken in debate in 
 
 either house in any court or place elsewhere. (Ga. Ill Sec. 
 
 VII 3; Me. IV Pt. Ill 8.) 
 Not to he liable in any civil or criminal action whatever for 
 words spoken in debate. (Ariz. IV Pt. II 7; Md. Ill IS; 
 Nehr. II r 23; Wash. II 17; Wis. IV 16.) 
 "For words spoken in debate, or any report, motion or propo- 
 sition made in either house '', not to be questioned in any 
 
 other place. (W. Va. VI 17.) 
 
 Freedom of speech and debate, or proceedings in legislature, 
 
 oughl not to he impeached in any court of judicature. (Md. 
 
 D.R. 10.) 
 
 Deliberation, speech and debate cannot be foundation of any 
 
 action, complaint or prosecution in any other court or place 
 
 whatever. (X T .H. I 30.) 
 
 Deliberation, speech or debate in house cannot be foundation of 
 
 anj accusation <>r prosecution, action or complaint, in any 
 
 other court <>v place whatever. (Mass. Pt. I 21; Vt. I 14.) 
 
 Ineligible to Office, See below, this title. Qualifications and Dis- 
 
 QUALOTI mONS ol M KM P.ERS — DUAL OFFICE-HOLDING.
 
 India- Digest 90' 
 
 LEGISLATURE (Cont'd) 
 Members (Cont'd) 
 
 Interest in Bill, Personal or Private 
 
 To disclose fact to house of which a member and not to \*<u 
 thereon. (Ala. IV 82; Coltf V 43; Del. II 20; La. 52; Mont. 
 V 44; Okla. V 24; Pa. ill 33; Tex. Ill 22; Wash. II 30; 
 
 W yo. Ill 46.) 
 To disclose fact to house and not to rote t hereon under pain of 
 
 expulsion. (Ky. 57.) 
 To disclose faet to house and not to vote thereon without con- 
 sent of house. (N.I). II 43.) 
 Interest in Contracts 
 
 Public contracts generally and state contracts, See PUBLIC CON- 
 TRACTS. 
 Contracts of counties, cities, etc.. See the specific title. 
 As disqualification, See below, this title. Qualifications and 
 
 Disqualifications of Membj bs. 
 
 Neglect of Duty 
 
 Legislature to provide by general law in what cases and what 
 deductions in salary to be made for neglect of official duties. 
 
 I Ky. ■>:>,:>. ) 
 
 Number 
 
 For apportionment of members, See above, this title, APPOBTKWS 
 
 me .\t of Members. 
 In Aggregate 
 
 Aggregate number of both houses not to exceed 75. (New 
 
 XV 6.) 
 Lower House 
 
 Thirty-four, but may be increased by legislature to number 
 
 not exceeding GO. (Ore. IV 2.) 
 Thirty-five. (Del. II 2.) 
 
 Thirty-five until otherwise provided by law. (Ariz. IV Pt. 
 
 II 1.) 
 
 Forty-five; may be increased by legislature, but not to be 
 
 less than twice nor greater than three times number of 
 
 senators. (Utah IX 3.) 
 Forty-nine. (N.M. IV 3.) 
 
 Forty-nine, which may be increased by legislature, but ag- 
 gregate number of senators and representatives not to 
 
 exceed 100. (Col... Y 46.) 
 Fifty-five, until otherwise provided by law. (Mont. V 4.) 
 Sixty-five, subject to be increased by subsequent apportion- 
 ments. (W.Ya. VI 2.) 
 One hundred and nine, until otherwise provided by law. 
 
 (Okla. V 10.) 
 One hundred and twenty. (X.C II 5.) 
 One hundred and twenty-four. (S.C. Ill 3.) 
 One hundred and thirty-three; may be decreased to not less 
 
 than 100. (Miss. XIII 254, 256.)
 
 State Cons-jtittions 
 
 LEGISLATURE {Cont'd) 
 Cont'd) 
 Number [Cont'd) 
 
 ■ ,■ House i Cont'd) 
 
 One hundred and forty-three, until apportionment made. 
 
 (Mo. IV 8.) 
 I Ine hundred and fifty-one. (Me. IV Pt. I 2.) 
 Two hundred. (Ea. II 17.) 
 
 Two hundred and forty. (Mass. Amend. XXI.) 
 N.,t to exceed 6U. (N.J. IV Sec. Ill 1.) 
 Not to exceed 6S; but new county entitled to one member 
 in excess of that limit until next apportionment. (Fla. 
 
 VII 2, 4.) 
 Not to exceed 75 until population of state 1,500,000, and 
 
 never to exceed 99. (Tenn. II 5.) 
 Not to exceed 100. (Ind. IV 2; K.I. Amend. XIII 1.) 
 To be regulated by law, but not to exceed 100. (Nebr. Ill 3.) 
 Not to exceed 105, provided that in addition to such number 
 each new county to be entitled to one member; number 
 to be fixed by legislature at first session after each decen- 
 nial United States census. (Ala. IV 50.) 
 Not to exceed 10S. (Iowa III 35.) 
 
 Not to exceed 120, but new parish to be entitled to one 
 representative in addition to the maximum until next 
 apportionment, at which time maximum to be restored. 
 
 (La. 18.) 
 To be regulated by law r but not to exceed 125. (Kan. 112.) 
 May be increased by any legislature at any apportionment, 
 
 but not to exceed 150. (Tex. Ill 2.) 
 Not to exceed ISO. (Ga. Ill Sec. Ill 1 (1914).) 
 Not less than 54 nor more than 100. (Wis. IV 2.) 
 To be fixed by legislature after each decennial census by 
 state and also after federal census, but not less than 60 
 nor more than 140. (N.D. II 32, 35.) 
 Not less than 63 nor more than 99. (Wash. II 2.) 
 Not less than 64 nor more than 100. (Mich. V 3.) 
 Not loss than 73 nor more than 100. (Ark. VIII 1.) 
 Not less than 75 nor more than 135. (S.D. Ill 2.) 
 Not less than 90 nor more than 100. ( Va. IV 42. ) 
 Every inhabited town to elect one representative. (Vt. II 
 
 13.) 
 To lie prescribed by law, but not to exceed one member for 
 
 <ach 2,000 inhabitants. (Minn. IV 2.) 
 To be not less than twice nor more than three times the 
 number of the senate; first house 33 members. (Wyo. 
 
 Ill 3.) 
 Three times number of members of senate. (111. IV 7, 8.) 
 Not to exceed three times number of senators. (Ida. Ill 2.)
 
 Lxdkx I>u;kst 909 
 
 LEGISLATURE (Cont'd) 
 Members (Cont'd) 
 Number (Cont'd) 
 Senate 
 
 One member for each county. (Ida. Ill 2; N..I. IV Sec. II 
 
 1 ; S.C. Ill 6.) 
 One senator from each town and city of slate. ( I!. I. V I 1.) 
 First senate 1(5 members. (Wyo. Ill 3.) 
 Sixteen, until otherwise provided by law. I Mont. V 4.) 
 Sixteen, but may be increased by legislature to number not 
 
 exceeding 30. (Ore. IV 2.) 
 Seventeen. (Del. 11 2.) 
 
 Eighteen; may be increased by legislature, but not to ex- 
 ceed 30. (Utah IX 3.) 
 Nineteen, until otherwise provided by law. (Ariz. IV Pt. 
 
 II 1 ) 
 Twenty -four. (N.H. II 24; N.M. IV 3.) 
 
 Twenty-four, subject to be increased by subsequent appor- 
 tionments as prescribed. (W.Va. VI 2.) 
 Twenty-six, which may be increased by legislature, but ag- 
 gregate number of senators and representatives not to 
 
 exceed 100. (Colo. V 46.) 
 Thirty. (Vt. II IS.) 
 Thirty-one. (Tex. Ill 2.) 
 Thirty-two. (Mich. V 2.) 
 Thirty- four. (Mo. IV 5.) 
 Forty. (Cal. IV 5; -Mass. Amend. XXXII.) 
 Forty-four. (Ga. Ill Sec. II 1.) 
 
 Forty-five; may be decreased to not less than 30; new 
 countv, in spite of maximum limitation, to have one 
 representative until next apportionment. (Miss. XIII 
 
 255, 256.) 
 
 Fifty. (N.C. II 3; Pa. II Hi.) 
 
 Fifty, subject to be increased if at time of any apportion- 
 ment countv having three or more senators is entitled to 
 
 additional ones. (N.Y. Ill 2. 4.) 
 
 Fifty. X umber may be increased by legislature, but to be 
 
 not less than one-third nor more than one-half of lower 
 
 house. (Iowa III 34, 6.) 
 
 Not to exceed 32. (Fla. VII 2.) 
 
 To be regulated by law. but not to exceed 33. (Nebr. Ill 3.) 
 
 Not to exceed 35; to be not less than one-fourth, or more 
 
 than one-third of number of members of lower house. 
 
 (Ala. IV 50, IX 197.) 
 
 To be regulated by law but not to exceed 40. (Kan. II 2.) 
 
 Not to exceed 44; except that, if at time of apportionment 
 
 any county is entitled to three or more, such number lo 
 
 be given in addition to the 44. (Okla. V 9, 9a.) 
 
 Not to exceed 50. I 1ml. IV 2:)
 
 State Gowstiii i|ons 
 
 LEGISLATURE (Cont'd) 
 Mej it'd) 
 
 Number [Cont'd) 
 
 I 'ont'd) 
 Not to exceed one-third the number of representatives. 
 
 (Tenn. II 6.) 
 As prescribed by law but not to exceed one member for 
 
 every 5,000 inhabitants. (.Minn. IV 2.) 
 Not less than 20 nor more than 31. (Me. II Pt. II 1.) 
 Not less than 24 nor more than 36. (Conn. Amend. 
 
 XXXI 1.) 
 Not less than 25 nor more than 45. (S.D. Ill 2.) 
 l?o I"' fixed by legislature after each decennial enumeration 
 li\ state and also after each federal census, but to be not 
 less than 30 nor more than 50. (N.D. II 26, 29.) 
 Not less than 33 nor more than 40. (Va. IV 41.) 
 Not less than 36 nor more than 41. (La. 19.) 
 Not less than one-fourth nor more than one-third of number 
 
 of members oi lower house. (Wis. IV 2.) 
 Not less than one-third nor more than one-half number of 
 lower house (Nev. IV 5; Wash. 112.) 
 
 Oath of Office 
 
 .1 dministration of 
 
 To be taken in hall of house to which elected. (Colo. 
 
 XII 7.) 
 Bj members-elecl of either house. (N.J. IV Sec. VIII 1.) 
 Members of legislature empowered to administer oath to 
 
 each other. (Iowa III 32.) 
 To he taken before governor and council. ( Me. IX 1; Mass. 
 
 Pt. II Ch. VI 1 ; X.li. II 84. ) 
 By governor, secretary of stale or judge of supreme court. 
 
 (Ore. IV 31.) 
 
 Mil} be administered by governor, secretary of state, judge 
 
 of supreme courl or presiding officer of either house. (Ida. 
 
 Ill 25.) 
 By secretary of state or in his absence by attorney-general. 
 
 (R.I. IX 5.) 
 
 By judge of supreme or circuit court or presiding officer of 
 
 either house, in hall of house to which elected. (S.D. 
 
 Ill S.) 
 
 By judge of supreme or circuit court, or if organized, by 
 
 presiding officer of either house, in hall of house to which 
 
 elected. (Mo. IV 15.) 
 Bj judge of supreme or circuit court, in hall of house to 
 
 which elected. (111. IV 5.) 
 By judge of supreme court or of common pleas, in hall of 
 house to which member elected. (P a . VII 1.) 
 
 judge of supreme courl or justice of peace in hall of 
 house to which elected. (Wyo, VI, Elections 9.)
 
 Indkx Digest 91.1 
 
 LEGISLATURE {Cont'd) 
 Members [Cont'd) 
 
 Oath of Office [Cont'd) 
 
 Administration of [Cont'd) 
 
 By judge of supreme court, <>r. in his absence, by person 
 authorized to administer, in hall of house to which elected. 
 
 (Okla. XV 2.) 
 By judge of supreme court of appeals, "i of a circuit court 
 or by person authorized to administer an oath, in hall of 
 house to which elected. (W.Va. VI 16.) 
 Affirmation Allowed. (Ala. Wl 279; Ark. \1\ 20; Cal. XX 3; 
 Colo. XII 7; Conn. X 1; Del. XIV; l'la. XV] 2; 111. IV 5; 
 Ida. Ill 25; Iowa III 32; La. ltil : Me. IX 1; Mass. Amend. 
 VI; Md. I 6; Mich. XVI 2; Minn. IV 29; Miss. [V 40; Mo. IV 
 15; Mont. XIX 1; Xebr. XIV 1; Xev. XV 2; X.I I. II 83; NT.J. 
 IV Sec. VIII 1; X.V. XIII 1; X.C. II 24; X.l). XVII 211; 
 Okla. XV 1; Ore. IV 31; Pa. VII 1; H.l. IX 4; S. C. Ill 26; 
 S.D. Ill S; Tenn. X 2; Tex. XVI I; Vt. II 10; W.Va. VI 16; 
 Wis. IV 2S; Wyo. VI Elections S.) 
 Contents 
 
 Support constitution of United States. (Ala. XV] 27!': 
 Ark. XIX 20; Cal. XX 3; Colo. XII 7; Conn. X 1; Del. 
 XIV; Ga. Ill Sec. IV 5; Ida. Ill 25; 111. IV 5; Iowa III 
 32; Ky. 22S; Me. IX 1; Md. I 6; Mich. XV] 2; Minn. 
 IV 29; Miss. IV 40; Mo. IV 15; Mont. XIX 1; Xebr. 
 
 XIV 1; N.J. IV Sec. VIII 1; X.V. XIII 1: X.l). XX II 
 211; Okla. XV 1; Ore. IV 31; Pa. VII 1; H.I. IX 4; 
 S.C. Ill 26; S.D. Ill S; Tenn. X 2; W.Va. VI 16; Wis. 
 IV 2S; Wyo. VI Elections S.) 
 
 Support constitution and laws of United States. (La. ltil; 
 
 X.C. II 24.) 
 Support constitution and government of United States. 
 
 (Fla. XVI 2.) 
 Support constitution and government of United Slates and 
 
 bear allegiance to same. (Xev. XV 2.) 
 Support constitution of -late. (Ark. XIX 20; Cal. XX 3; 
 
 Colo. XII 7: Del. XIV; Ga. Ill Sec 1 V 5; Ida. Ill 2.1; 
 
 111. IV 5; Iowa III 32; Ky. 228; Me. 1X1: Mass. Amend. 
 
 VIII; Mich. XVI 2; Minn. IV 20; Mi-. IV 4(1; Mo. IV 15; 
 
 Mont. XIX 1: Xel.r. XIV 1: X.ll. II S3 ; X..I. IV Sec. 
 
 VIII 1; JST.Y. XIII 1: X.C. II 24; X.I). XXII _' 1 1 ; Okla. 
 
 XV 31: Ore. IV 31: Pa. VII 1; It. I. IX 4; S.C. Ill 26; 
 S.D. Ill 8; Tenn. X 2: W.Va. VI 111; Wis. IV 2S ; Wyo. 
 VI Elections 8.) 
 
 Support constitution of state 30 long as citizen thereof. 
 
 (Ala, XVI 279; Conn. X 1; Me. IX 1.) 
 
 Support, constitution and laws of state. (I. a. 161: Md. 1 6. ) 
 
 Support constitution and government of state. (Fla. \\l 
 
 2: XVv. XV 2; Vt. II 52
 
 t)!2 S \M CbHTSTITUTIONS 
 
 LEGISLATUR1 
 
 Oath of Office 'd) 
 
 t'd) 
 Faithful and true to stale as Icing as citizen thereof. 
 
 (Ky. 22S.) 
 Bear allegiance to state. (Md. I 6; Mass. Amend. VI; Nev. 
 
 XV 2; N.H. II 83.) 
 
 Discharge duties faithfully. (Ala. XVI 27!); Ark. XIX 20; 
 
 1. XX 3; Cola XII 7; Conn. X 1; Del. XIV; Fla. XVI 
 
 ..Mi 25; HI. IV 5; Iowa III 32; Ky. 228; La. 161; 
 
 Me. IX 1; Md. I 6; Mich. XVI 2; Minn. IV 29; Miss. IV 
 
 40; Mo. IV 16; Mont. XIX 1; Xebr. XIV 1; Nev. XV 2; 
 
 N.H. II 83; X..I. IV See. VIII 2; N.Y. XIII 1; NX. II 
 
 ■21: X.I). XVll 211; Okla. XV 1; Ore. IV 31; Pa. VII 1; 
 
 S.C. III 2G: S.D. Ill 8; Tex. XVI 1; W.Va. VI 16; Wis. 
 
 IV 28; Wyo. VI, Elections 8.) 
 
 Perform duties to best interests of state. (Ga. Ill Sec. 
 
 IV 5.) 
 Duly qualified to hold office under state constitution. (Fla. 
 
 XVI 2; Miss. IV 40; S.C. Ill 26.) 
 Do not hold office of profit or trust under authority of con- 
 gress. (Vt. II 17.) 
 Eave not given bribe to secure election. (111. IV 5; Mont. 
 XIX 1; Xel.r. XIV 1; Okla. XV 1; Pa. VII 1; S.D. Ill 
 S: Tex. XVI 1: Wyo. VI, Elections S.) 
 Will not accept bribe for vote or influence in official acts. 
 fill. IV 5; Mo. IV 15; Mont. XIX 1; Xebr. XIV 1; Okla. 
 XV 1; Pa. VII 1; S.D. Ill 8; W.Va. VI 16; Wyo. VI, 
 
 Elections 8.) 
 Have ooi knowingly violated election laws of state. (Mont. 
 
 XIX 1; Okla. XV 1; Pa. VII 1; Wyo. VI, Elections 8.) 
 Have not been engaged or concerned in duel. (Ky. 22S; 
 
 Tex. XVI 1.) 
 Have noi been, and will not be. engaged or concerned in 
 
 duel. (Xev. XV 2-; S.C. Ill 26.) 
 Will not propose or assent to action injurious to people. 
 
 (Tenn. X 2; Vt. II 17.) 
 Will not receive profits of any other office during term. 
 
 (Md. I 6.) 
 Will read constitution and execute requirements imposed 
 
 on legislature'. ( Miss. IV 40.) 
 Will not accepl fjree pa>< during term of office* (Okla. 
 
 XV 1.) 
 V' 11 vote impartially in all appointment (Tenn. X 2.) 
 Will nol vote because of promise of another to vote, or to 
 influence anothesr to vote. 'Miss. IV 40.) 
 '•' a/ring 
 
 •nvicted of. guilty of perjury and disqualified from hold- 
 in- any office of trust or profit within the state. (Mo. IV 
 15; Okla. XV 2; Wyo. VI, Elections 0.)
 
 i.\i)i:x DiGEsi 913 
 
 LEGISLATURE {Cont'd) 
 Members (Cont'd) 
 
 Oath of Office (Cont'd) 
 
 False Swearing (Cont'd) 
 
 Conviction of having sworn falsely to and violated oath, to 
 forfeit office and disqualify thereafter from being member 
 of legislature or holding any office within gifl of Legisla- 
 ture, i SI). Ill 8.) 
 Conviction of having sworn falsely to, or of violating oath, 
 to forfeit office and disqualify frdm holding office of profit 
 or trust in stale. (111. IV 5; Nebr. X I \ 
 If convicted of having violated oath relating to acceptance 
 ■ of money or properly for vote or influence, to forfeit seal 
 and to be disqualified thereafter from holding any office 
 of profit or trust in the state. (W.Va. VI 16.) 
 Filing of 
 
 To be filed in office of secretary Of state. (Mb'. 1\ 15.) 
 .Secretary of state to record and file. (111. TV ;j ; S.I). Ill 
 
 8; W.Va. VI 16.) 
 No Other Required Than as Prescribed 
 
 No other than oath prescribed in constitution to be re- 
 quired to qualify. (Mass. Amend. VIT.) 
 Refusal to Take 
 
 Forfeits office. (111. IV 5; Nebr. XIV 1; Okla. XV 2; 
 
 S.D. Ill S; W.Va. VI 16; Wyo. VI, Elections 9.) 
 Vacates seat. (Mo. IV 15.) 
 When Taken 
 
 Before entering upon duties of office. (Ala. XVI 27!»: Ark. 
 XIX 20; Cal. XX 3; Colo. XII 7; Conn. X 1; Del. XIV; 
 Fla. XVI 2; Ida. Ill 2-3; HI. IV 5: Iowa III .!2 : Kan. II 
 7; Ky. 22S; La. 161; Me. IX 1: Md. I 6; Mass. Amend. 
 VI; Mich. XVI 2; Minn. IV 2!); Miss. IV 40; Mo. IV 15; 
 Mont, XIX 1; Xel.r. XIV 1; NeV. XV 2; X.I I. II s -. ; 
 X.J. IV Sec. VTII 1: N.Y. XIII 1; X.I>. XVI! 211; Okla. 
 XV 1; Ore. IV 31; Pa. VII 1: S.'C. til 26; S.D. Ill 8; 
 Tex. XVI 1; Va. II 34; W.Va. VI l6; Wis. IV 28; Wyo. 
 
 VI, Elections 8.) 
 Before taking scat. (X.C. II 24.) 
 
 Before proceeding to business. (Tenn. X 2; Vt. II 16, 17.) 
 Privileges 
 
 Freedom of speech, See above, this subdivision, Freedom of 
 
 Spee< h. 
 Freedom of vote. See below, this title, Voting. 
 From arrest. See above, this subdivision', Arrest, Privilege 
 
 FROM. 
 
 From civil process, Ste< above, this subdivision, Crvrx Peoci 
 
 Privilege i bom. 
 
 Protection of 
 
 For the power to punish a person for threatening or assaulting 
 a member for anything said or done in < itlu r house, Si i above, 
 
 this title. ) ON IIMI'TS.
 
 .,14 State 1 Ionstitutions 
 
 LEGISLATURE I fd) 
 Membi b I'd) 
 
 Protection of {Cont'd) 
 
 .. may protect, against violence. (NJVL IV 11.) 
 To protect members against violence or utters of bribes or pri- 
 vate solicitation. (Ark. V 12; Colo. V 12; Mont. V 11; N.D. 
 
 II 48; Pa. II 11; Wyo. Ill 12.) 
 h house may protect, againsl violence or offers of bribery or 
 i upt solicitation. (Ala. IV 53.) 
 
 Protest, Right of 
 
 Any member to have, ami to have protest with reasons for dis- 
 sent entered on journal. (Ariz. IV Pt. II 16; Ind. IV 26; 
 
 Ore. IV 26.) 
 Anv member to have right to protest against any act or resolu- 
 tion; protest and reasons to be entered upon journal without 
 alteration, commitment or delay. (Kan. II 11; Ohio II 10.) 
 Ain member may, by motion have protest or dissent against any 
 vote, resolve or bill, entered, with reasons therefor, on journal. 
 
 (X.H. II 23.) 
 Any member maj dissent from and protest against any act, 
 proceeding or resolution which he may deem injurious to any 
 person or to public, and have reason therefor entered on jour- 
 nal, i. Ma. IV 55; Iowa 111 10; Mich. V 16; N.C. II 17; 
 
 S.C. Ill 22; Tenn. II 27.) 
 
 Two or more members may dissent or protest against any act 
 
 or resolution which they may think injurious to public or to 
 
 individual and have reason for dissent entered on journal. 
 
 (111. IV 10; Minn. II 16.) 
 Punishment of 
 
 b Ik use may punish for disorderly behavior. (Ariz. IV 
 11: Conn. Ill S; Del. H !); Fla. Ill 6; Ind. IV 14; Iowa 
 III 9; Ky. 39; Me. IV Pt. Ill 4; Minn. IV 4; Miss. IV 
 55; Mo. IV 17; Xev. IV 6; X.J. IV See. I V 3; Ohio II S; 
 Okla. V 30; Ore. I V 15; R.I. IV 7: S.C. Ill 12; Tenn. 
 II 12; Utah \l 10; Va. IV 47; W.Va. VI 25.) 
 Each house may punish for disorderly or disrespectful be- 
 havior. (Md. in in.) 
 !i house may punish for contempt and disorderly be- 
 havior. (La. 25; Wash. I! 9; Wis. IV S.) 
 Each house may punish for contempt or disorderly be- 
 havior in its presence. (Ala. IV 53; Ark. V 12; Colo. 
 V 12; Mom. \ II; X.M. | V 11; Pa. II 11; Wyo. Ill 12.) 
 h house may punish for contempt or disorderly be- 
 havior in its presence; imprisonment not to continue 
 beyond 30 days. (X.D. II 48.) 
 Each house may punish for disorderly behavior or mis- 
 1ml by censure, line, imprisonment or expulsion. (Ca. 
 
 Ill Sec. VII 1.)
 
 Lndkx Diqes'j 9 In 
 
 LEGISLATURE {Cont'd) 
 Members {Cont'd) 
 
 Punishment of (Cont'd) 
 Effect 
 
 Not to bar indictment for same offense. (Ala. IV .") I : Ark. 
 
 V 12; Cole. V 12; Okla. V L9; Pa. II 11.) 
 
 Not to bar criminal prosecution for same offense. (Mont. 
 
 V 11; X..M. IV 11; N.D. 11 18; Wyo. Ill 12.) 
 Qualifications, See below, this title, Qualifications and Disquali- 
 fications of Members. 
 
 Quorum, See beloiv, this title. Quorum. 
 Recall of, >SVc Recall ok Public Officers. 
 Removal from Office 
 
 Laws to be passed providing for prompt removal from office for 
 any misconduct involving moral turpitude or for other cause 
 provided by law. (Ohio II 38.) 
 Term of Office 
 Loner House 
 
 One year. (Me. IV Pt. I 2; N.J. IV Sec III 1 ; X.V. Ill 2.) 
 Two years. (Ariz. IV Pt. II 21; Ark. V 3; Cal. IV 3; 
 Colo. V 3; Del. II 2; Fla. VII 2; Ida. Ill 3; HI. IV 7; 
 Ind. IV 3; Kan. II 29; Ky. 30; Me. 1 V Pt. I 2; Md. Ill 
 2; Mich. V 3; Minn. II 24; Mont. V 2; Nebr. Ill 4; 
 Ney, IV 3; N.H. II 11; X.M. IV 4: X.C II .V. X.D. II 
 33; Ohio II 2; Okla. V 10; Ore. IV 4; Pa. II :!: S.C. 
 Ill 2; S.T). Ill 6; Tcnn. li 3; Tex, III 3; I tab VI 3; 
 Vt. II 38; Wash. II <>; YV.Va. VI 3; Wis. IV 5; Wyo. 
 
 Ml 5.1 
 Two years and until successors duly qualified. (Conn. 
 
 Amend. XXVII 2.) 
 Two years ami until successors elected and qualified. (Iowa 
 
 III 3, .5; R.I. Amend. XVI 1.) 
 Two years; to serve until time fixed by law for convening 
 
 of next assembly. (Ga. Ill Sec. IV 1 (1914).) 
 Four years. (Ala. IV 46; La. 24; Miss. IV 35.) 
 Senate 
 
 With respect to tcnn of office of first senate under constitu- 
 tion. See above, this subdivision, Classification of Sen- 
 ators. 
 One year. (Me. IV Pt. II 1.) 
 
 Two years. (Ariz. IV Pt. II 21; Ida. Ill 3; Mich. V 2; 
 Nebr. HI f: N.H. II 2 ! ; X.V. Ill 2; X.C II 5; Ohio il 
 2; S.l). HI ti; Tenn. II 3; Vt. M 38.) 
 Two years and until successors duly qualified. (Conn. 
 
 Amend. XXVII 2.) 
 Two years and until successors elected and qualified, i I!. I. 
 
 Amend. XVI l.i 
 Two years; to serve until time fixed by law for convening 
 
 of nexl assembly. (Ga. Ill Sec. IV 1 (1914).) 
 Three years. (N.J. IV Sec. II 1.)
 
 State Constitutions 
 
 LEGISLATURE 'd) 
 
 Term of Office (Cont'd) 
 nate (Cont'd) 
 
 ears. (Ala. IV 46; Ark. V 2; Cal. IV 3; Colo. V 3; 
 Del. II 2; Fla. VII 2; 111. IV 6; Ind. IV 3; Kan. II 29; 
 Kv SI- La. 24; Md. Ill 2; Minn. II 24; Miss. IV 34; 
 Mont. V 2; Nev. IV 13; N.M. IV 4; N.D. n 27; Okla. 
 
 V it; Ore. IV 4; Pa. II 3: S.C. Ill 6; Tex. Ill 3; Utah 
 
 VI M; Wash. H 5; W.Va. VI 3; Wis. IV 5; Wyo. Ill 5.) 
 Four years and until successors elected and qualified. ( Iowa 
 
 III 3, 5.) 
 
 linning 
 On day of election. (Ark. V 16; Md. Ill 6; Tex. Ill 4.) 
 At time of election. (N.C. II 25.) 
 
 Day next after, election. (Del. Sched. 4; Ind. IV 3; Nev. 
 
 IV 4; Ore. IV 4.) 
 On day after election, until otherwise provided by law. 
 
 (Mont. V 2, 6.) 
 Day after general election at which elected; to expire on 
 day after general election held in fourth year after elec- 
 tion, except as otherwise provided in constitution. (Ala. 
 
 IV 46.) 
 Monday full. .wing election. (S.C. Ill 6, 2, 10.) 
 First Wednesday in November next after election until 
 
 otherwise provided by law. (Colo. V 3, 7.) 
 First day of December next after election. (Ida. Ill 3; 
 
 Pa. II 2; W.Va. IV 7.) 
 First day of January succeeding election. (Iowa III 5; 
 Ky. 31, 30; Ohio II 2; E.I. Amend. XVI 1; Utah VI 3, 4.) 
 First Monday in January after election. (Wyo. Ill 5.) 
 First Tuesday in January next after election. (N.D. II 41.) 
 I'irsl Wednesday in .January next ensuing election. (Sen- 
 ate.) (N.H. II 24, 11.) 
 First Wednesday next after first Monday of January follow- 
 ing election. (Conn. Amend. XXVII 2; Vt. II 38.) 
 Dav next preceding regular meeting. (Me. IV Pt. I 2, Pt. 
 
 II 1.) 
 
 Officers 
 
 also abon. this title, EMPLOYEES. 
 President of Senate, See below, this title, President of Sexate. 
 Speaker of House, »S'cc beloic, this title. Speaker of House. 
 Bond 
 
 Secretary <>f senate and clerk of lower house to give bond and 
 security for faithful discharge of duties. (Ga. Ill Sec. VIII.) 
 Compensation 
 
 J II dl !■ 
 
 b house to fix, of own officers. (SJ). Ill !).) 
 I- i"' prescribed by law. (Ala. IV 67.)
 
 I.NDKX DljGESI !)I7 
 
 LEGISLATURE (Cont'd) 
 Officers (Cont'd) 
 
 Compensation (Cont'd) 
 J n (lateral [Cont'd) 
 
 To be prescribed by law; no paymenf to be made or author- 
 ized t<> any such person excepl to an acting officer elected 
 or appointed in pursuance of law. [Colo. V 27; Mont. 
 
 V 28; Pa. Ill 10; Wyo. Ill 29.) 
 
 No salary or compensation to he paid to, unless fixed by law 
 
 in force prior to election or appointment of such officer. 
 
 (Xev. IV 28.) 
 
 No allowance or reward for any purpose whatever to be 
 
 paid to any officer of either house, excepl Biush. per i 
 
 as prescribed by law, not to exceed $5. (Mo. IV 10.) 
 
 Expenses of clerical officers of houses, clerks of committees 
 
 and all other employees not to exceed $100 a day for 
 
 senate, nor $120 a day for lower house. (La. 43.) 
 
 Total expense for officers and attaches not bo .-.'red $500 
 
 per diem for either house at regular session, nor more 
 
 than $200 per diem for either house at special session. 
 
 (Cal. IV 2.3.) 
 Not to exceed amounts specified. (N.M. IV 9.) 
 Increase or Decrease 
 
 Not to be increased after election or appointment. (Cal. 
 
 IV 23.) 
 Not to- be increased or diminished so as to apply to any 
 officer at such session. (New IV 2S.) 
 
 Duties 
 
 To be prescribed by law. (Ala. IV 67; Colo. V 27; Mont. V 28; 
 
 Pa. Ill 10; Wyo. Ill 29.) 
 
 Election 
 
 See also below, tliis title. " President of Senate", "Speaker 
 
 of House ". 
 Each house to choose own officers. (Ala. IV 51; Ark. V 11; 
 Cal. IV 7; Colo. V 10; Del. II 7; Fla. Ill 6; 111. IV 9; Ind. 
 IV 10; Iowa III 7; La. 25; Md. Ill 19; M;.<s. p,. n Ch. I 
 Sec. II 7, Sec. Ill 10; Miss. IV 3S; Mo. IV 17: Mont. V 9; Nebr. 
 Ill 7; Nev. IV 6; N.II. II 21, 36; N.J. TV Seti. IV 3; N.M. 1\ 
 9; N.Y. Ill 10: N.C. II 18; Pa. II 9; S.C. Ill 12; Tex. HI 9 ; 
 Utah VI 12; Va. IV 47; Wash. II 10; W.Va, VI J4 ; Wis. 
 
 IV 0: Wyo. Ill HU 
 Each house when assembled. 1 . . choose own officers. (Ariz. l\ 
 
 Pt. II S; Ida. Ill 9; Ore. IV 11; Tenn. II 11.) 
 Each house to elect such officers as prescribed by law. (Mine.. 
 
 IV 5.) 
 Each house, except as otherwise provided in constitution, t . . 
 
 choose own officers. (Mich. V 15; Ohio II 8 
 Each house when assembled to choose clerk ami other off! 
 
 (Conn. Ill 7.)
 
 918 State Constitutions 
 
 LEGISLATURE (Cont'd) 
 t'd) 
 Election (Cont'd) 
 
 ,,,. to choose president, secretary and other officers; lower 
 house i" choose speaker, clerk and other officers. (Me. IV 
 
 Pt. I 7, Pt. II 8.) 
 Lower house to choose speaker and other officers; senate to have 
 
 power to choose officers biennially. (Ivy. 34.) 
 Lower house to have authority to elect clerk and other officers. 
 
 (E.I. V 2.) 
 Lowi i house to elect speaker, clerk and other necessary officers; 
 senate to appoint own officers. (Vt. II 14, 19.) 
 Enumeration of 
 
 Elective officers, other than presiding officers, to be chief clerk 
 
 and sergeant -at -arms. (Wis. XIII 6.) 
 Clerical officers to be a secretary of senate and clerk of lower 
 
 house, with such assistants as necessary. (La. 43.) 
 Officers, Other than president and speaker, to be secretary of 
 senate and clerk of lower house and such assistants as they 
 
 may require. (Ga. Ill Sec. 8.) 
 Number 
 
 I',, be prescribed by law. (Ala. IV G7 ; Colo. V 27; Mont. V 28; 
 
 Pa. Ill 10; Wyo. Ill 29.) 
 Not to exceed list specified. (X.M. IV !».) 
 Oath of Office 
 
 Administration of 
 
 By judge of supreme or circuit court, or presiding officer 
 of either house, in hall of house to which elected. (S.D. 
 
 Ill 8.) 
 
 Perforin duties faithfully to best of ability and preserve all 
 records or property with which intrusted. (N.J. IV 
 
 Sec. VIII 2.) 
 Filing of 
 
 Secretary of slate to record and tile. (S.D. Ill S.) 
 Hi I usul to Take 
 
 To forfeil office. (S.D. Ill 8.) 
 When Taken 
 
 Before entering upon duties. (X.J. IV Sec. VIII 2; S.D. 
 
 Ill S.) 
 Presiding Officer 
 
 I bsi hi ■• or Disability of 
 
 In absence, house may appoint member to preside. (Del. 
 
 II 7.) 
 House may eleel member to preside and perform duties of 
 such officer during disability, dining such time temporary 
 officer to receive same compensation to which permanent 
 officer entitled. (Ala. IV 51.) 
 In Joint FAnHinis. See above, this title, Elections by. 
 President of Senate. See below, this title, President of Senate. 
 Speaker of lions,. Set below, this title, Speaker of House.
 
 Index Digest 919 
 
 LEGISLATURE {Cont'd) 
 Officers (Cont'd) 
 
 Qualifications and Disqualifications 
 
 Clerk of lower house ineligible to legislature; acceptance of bucIi 
 office by member to vacate seat:. (Mass. I'i. II Ch. VI 2.) 
 No judge or clerk of any court, secretarj of state, attorney- 
 general, register of deeds, sheriff or any person holding any 
 office of profit under state (except in militia or office of attor- 
 ney-at-law, notary public or justice of peace) and no person 
 holding any office of profit or honor under any foreign govern- 
 ment or under the government of the United stales (except 
 postmaster receiving annual compensation h'o1 exceeding $300), 
 eligible for office in either house. i\.l>. II 37.) 
 No person holding office of honor or profit under foreign govern- 
 ment or under government of the United State-, except ]> 
 masters receiving annual compensation not exceeding $300, to 
 hold any office in either bouse. (S.l). Ill 3.) 
 Expelled members ineligible to any office in either bouse, if 
 
 expelled for corruption. (N.D. II 3S.) 
 No collector or holder of public moneys eligible to any office in 
 either house until accounting for and payment of all moneys 
 due from him, according to law. (S.l). Ill 4.) 
 Persons convicted of bribery, perjury or infamous crime in- 
 eligible to any office in either house. (X.I). II 38.) 
 Removal 
 
 Each house may remove at pleasure. (W.Va. VI 24.) 
 President of Senate 
 Compensation 
 
 Of Lieutenant-Governor, See Lieutenant-Governor. 
 In General 
 
 To receive same compensation and mileage as member. 
 
 (Mich. V 10.) 
 Additional allowance equal to one-third allowance as mem- 
 ber. (X.J. IV Sec. IV 7.) 
 Presiding officer to receive additional compensation equal to 
 
 half of day's allowance as member. (Ida. Ill 23.) 
 
 Presiding officer to receive additional compensation equal to 
 
 two-thirds of per diem allowance as member. (Ore. IV 29.) 
 
 Two dollars a day additional allowance during time in 
 
 actual attendance as presiding officer. (Nev. IV 33; 
 
 W.Va. VI 33.) 
 Presiding officer to receive additional compensation of $3 
 
 per diem. (Md. Ill 15.) 
 Presiding officer to receive $5 a day for not exceeding (JO 
 days; no compensation for longer session; for special ses- 
 sion same compensation for period not exceeding 30 days. 
 
 (Del. II 15.) 
 
 Presiding officer to receive $6 a day and mileage. (N.C. 
 
 II 28.) 
 Not to exceed $7 a day. (Ga. Ill Sec. <).) 
 Two hundred fifty dollars. (X.TI. II 14.)
 
 
 Constitutions 
 
 legislature: t'd) 
 
 Senate [Cont'd) 
 Compensation (Cont'd) 
 
 ll htii Acting as Governor 
 
 Same as that of governor. (X-T. V 12, 14.) 
 
 Duties 
 
 be presiding officer. (Fla. Ill 6.) 
 To preside in joint elections and decide result. (Ga. Ill Sec. 10.) 
 
 Election 
 
 By senate. (Me. IV Pt. II 8; Mass. Pt. II Ch. I Sec. II 7; 
 
 N.H. li 36; X..1. [V Sec IV 3.) 
 Senate to choose a speaker. (Term. II 11.) 
 
 By Benate from among its own members at convening of each 
 
 regular session. (Fla. Ill 6.) 
 To be elected viva voce from senators. (Ga. Ill Sec. V 2.) 
 
 senate at beginning and close of each regular session and at 
 
 such oilier times as necessary. (Mont. V 9; Wyo. Ill 10.) 
 
 H\ senate at beginning of each regular session and whenever 
 
 vacancy may occur.; if term of president expire before next 
 
 3sion other president to be elected at close of session from 
 
 among members whose terms of office continue over. (Ark. 
 
 V 18.) 
 Lieutenant-Governor as (Minn. V 6.) 
 
 But to have no vote. (Mich. VI 19.) 
 
 Bui 1" vote only when senate equally divided. (Ala. V 117; 
 Cal. V 15; Colo. IV 14; Del. Ill 19; Ida. IV 13; 111. V 18; 
 Iowa IV 18; Kan. I 12; La. 68; Mont. VII 15; Nebr. V 17; 
 Nev. V 17; N.M. V 8: X.Y. IV 7; N.C. II 19; N.D. Ill 
 77; Ohio HI 16; Pa. IV 4; R.I, Amend. XIV 1; S.C. IV 5, 6; 
 S.D. IV 7; Va. V 79; Vt. II 19; Wash. Ill 16, II 10; Wis. 
 
 V 8.) 
 But to have only rusting vote therein and in joint vote. (Okla. 
 
 VI 15.) 
 
 And when senate equally divided to give casting vote; to have 
 
 right to debate when in committee of whole. (Conn. IV 13.) 
 
 give casting vote in senate when equally divided and in joint 
 
 vote <>f both houses; may debate all questions in committee of 
 
 whole. (Miss. V 129; Mo. V 15.) 
 And when senate equally divided to give casting vote; to have 
 right, when in committee of whole, to debate and vote on all 
 questions. (Ind. V 21; Ky. 83; Tex. IV 16.) 
 President Pro Tem. 
 
 Compensation in General 
 
 To receive same compensation as allowed to speaker of lower 
 
 house. (Mo. V IS.) 
 When acting as president of senate to receive same compen- 
 sation allowed to speaker of house. (Ky. 80.) 
 Compensation WIhd Acting as Governor 
 
 Sa a- that of governor. (Ala. V 129; Ky. SO; La. 67; 
 
 Me. \ Pi. I 14; Miss. V 131; Mo. A' 17: X.M. V 7; X.C. 
 Ill 12; Fa. IV 14; Tex. IV 17; Utah VII 11.)
 
 Index Dm. est 921 
 
 LEGISLATURE (Cont'd) 
 
 President of Senate (Cont'd) 
 President Pro Tem. (Cont'd) 
 Duties 
 
 To act. in absence or disability of presiding officer. (Miss. 
 
 i\ 
 To take place of lieutenant-governor under rules prescribed 
 
 by law. (X.D. II 31.) 
 'I'd preside in absence of lieutenant-governor. (Ala. IV 5] ; 
 
 X.M. IV S.) 
 To be lieutenant-governor in case of vacancy in thai ofl 
 
 (Minn. V G.) 
 To preside in absence or place of lieutenant-governor. (Okla. 
 
 V 2S.) 
 To preside in absence of lieutenant-governor or when such 
 
 office vacant. (R.I. Amend. XIV 2.) 
 To preside in absence of lieutenant-governor or when he acts 
 
 as governor. (111. IV 9; Nebr. Ill 7; S.C. IV 7.) 
 To preside in absence or impeachment of lieutenant-gov- 
 ernor, or when he holds office of governor. (Kan. I 12; 
 
 Mo. V 17.) 
 To preside in absence or impeachment of lieutenant-gov- 
 ernor or when he refuses to act as president, or acts as 
 
 governor. (X".Y. Ill 10.) 
 
 To perform duties of lieutenant-governor in bis absence or 
 
 disability and whenever such office vacant. (Ida. IV 1.'!; 
 
 Pa. IT 9; Tex. Ill 9.) 
 
 To perform duties of lieutenant-governor in his absence, 
 
 impeachment or disqualification, or when he holds office 
 
 of governor, until vacancy filled or disability removed. 
 
 I Colo. IV 14.) 
 
 To preside in absence of lieutenant-governor or in case he 
 
 becomes governor or while he continues in exercise of 
 
 office of governor by reason of disability of governor. 
 
 (Del. II 7.i 
 Elect ion 
 
 Senate to elect. (III. IV. 9; Kan. I 12; La. 68; Miss. IV 
 39; Mo. V 17: Nebr. I IT 7; X.Y. Ill 1": Okla. V 28; 
 
 R.I. Amen.!. XIV 2.) 
 By senate at each biennial session. (Del. IT 7.) 
 Bv senate as soon as practicable after convening. (S.C. 
 
 IV 7.) 
 By senate as soon as possible after organization and as 
 
 often as vacancies occur in (be office. (Ky. 85.) 
 By senate at beginning and dose of each regular session 
 and at such other times as necessary. (Ala. IV .".1 ; 
 Colo. V 10: X. 1). TT 31; Okla. V 28; Pa. II !»: Tex. II! 9. i 
 By senate before close of each session. I Minn. V (5.) 
 By senate when lieutenant-governor is absent or acts as 
 'governor. (Ida. 1 V 13; End. V 11 : N.C. II 20, III 12; 
 Vt. If 19; Va. TV 47; Wash. If 10; Wis. IV 9.)
 
 922 State Constitutions 
 
 LEGISLATURE {Cont'd) 
 
 Pw siden i of Sen mi: (Cont'd) 
 President Pro Tern. (Cont'd) 
 Election (Cont'd) 
 
 By senate in caBe of absence or impeachment of lieutenant- 
 governor, or when he acts as governor. (Iowa IV 18; 
 
 Ohio III 16.) 
 By senate when lieutenant-governor acts as governor or 
 unable to attend as president of senate; if vacancy in 
 office of lieutenant-governor occurs during recess, secre- 
 tary to convene senate to choose president pro tern. 
 
 (Conn. IV 15, 16.) 
 Succession to Office of Governor, See Governor. 
 Term of Office 
 
 Until .successor elected and qualified. (Ala. IV 51.) 
 To serve until next session of legislature. (N.M. IV 8.) 
 When Acting as Governor 
 
 Seat in senate to become vacant. (Pa. IV 14.) 
 Succession to Office of Governor, See Governor. 
 When Acting as Governor 
 
 Xot to hold office in senate. (Me. V Pt. I 14; X.H. II 48; S.C. 
 
 • IV 9.) 
 Procedure, Rules of, See below, this title, Rules, Adoption of. 
 Proceedings Public 
 General Rule 
 
 Sessions of each house to be open. (Ark. V 13; Colo. V 14; 
 Del. II 11; Md. Ill 21; Minn. IV 19; Mo. IV 19; Mont. V 13; 
 Xebr. HIS: N.M. IV 12; X.D. II 50; Pa. II 13; S.D. Ill 15; 
 Tex. Ill 16; Utah VI 15; Wyo. Ill 14.) 
 Doors of each house to be open. (Ala. IV 57; Cal. IV 13; Fla. 
 Ill 13; 111. IV 10; Ind. IV 13; Iowa III 13; Mich. IV 18; 
 Mi-. |\ 58; Xev. IV 15; X.Y. Ill 11; Ore. IV 14; S.C. Ill 23; 
 Tenn. II 22; Wash. II 11; Wis. IV 10.) 
 Delia tes in each house to be public. (Conn. Ill 11.) 
 Proceedings of both houses to be public. (Ohio II 13.) 
 Doors to be open for admission of persons who behave decently. 
 
 (Vt. II 8.) 
 Doors of galleries of each house to be kept open to all persons 
 
 who behave decently. (X.H. II S.) 
 Business of eaeh house to be transacted openly and not in secret 
 
 ion. (Ida. Ill 12.) 
 Printing presses to be free to every person to examine proceed- 
 ings of legislature. (Tenn. I 19.) 
 Printing presses to be free to every person to examine proceed- 
 inga of legislature; no law to restrain right thereof. (Ky. S; 
 
 Pa. I 7.) 
 Exceptions 
 
 When busit such as requires secrecy. (Ark. V 13; Colo. 
 
 V "■ °el. till; Md. Ill 21; Miss. IVr.S: Mo. IV 19; Mont. 
 
 V 13; Nebr. Ill 8; VI). II 50; I'm. 11 13; S.I). Ill 15; Tenn. 
 
 IT 22; Wyo. Ill 14.)
 
 Index Digest 92.°. 
 
 LEGISLATURE (Cont'd) 
 
 Proceedings Public (Cont'd) 
 Exceptions (Cont'd) 
 
 When public welfare requires secrecy. (Cal, 1\ 13; [owa III 13; 
 Mich. IV IS; X.Y. Ill 11; S.C. Ill 23; Vt. lis. Wash. [I 11; 
 
 Wis. IV 10.) 
 When welfare of state, in opinion of either house, requires 
 
 secrecy. (N.I I. IT 8.) 
 
 On such occasions as in opinion of house may require secrecy. 
 
 (Ala. IV 57; Cal. IV 13; Conn. [II 11; 111. IV 10; Ind. IV 
 
 13; Iowa III 13; Minn. II IS; Ore. IV 14; S.C. Ill 23.) 
 
 In cases which, in opinion of two-thirds of those present, require 
 
 secrecy. (Ohio II 13.) 
 Senate while sitting in executive session. (Fla. Ill 13; Xev. IV 
 
 15; Tex. Ill 16; Utah VI 15.) 
 
 Senate, in deliberating upon executive nomination, may sit with 
 
 closed doors, but, in acting upon nominations, to sit with 
 
 open doors. (Colo. IV 6.) 
 When in Committee of Whole 
 
 Business to be transacted openly and not in secret session. (Ida. 
 
 Ill 12.) 
 
 Sessions to be open unless business is such as requires secrecy. 
 
 (Ark. V 13; Colo. V 14; Del, II 11; Md. Ill 21; Mont. V 13; 
 
 Xebr. Ill S; N.D. II 50; Pa. II 13; S.D. Ill 15; Wyo. Ill 14.) 
 
 Doors to be kept open, except in cases which may require secrecy. 
 
 (Miss. IV 5S; Tenn. II 22 ! 
 Doors to be kept open, except in such cases as in opinion of hous< 
 
 require secrecy. (111. IV 10.) 
 Doors to be kept open, except in such cases as in opinion of either 
 house require secrecy. (Ind. IV 13; Ore. IV 14.) 
 Admission to Floor 
 
 No person to be admitted to floor of either house while in ses- 
 sion, except members of legislature, officers and employees of 
 houses, governor and his secretaries, representatives of pre<-. 
 and other persons to whom either house by unanimous vote 
 may extend privileges of its floor. (Ala. IV 57.) 
 Qualifications and Disqualifications of Memkebs 
 Accounting for Public Funds 
 
 Collector or holder of public moneys ineligible until accounting 
 
 for and payment of all moneys due. (111. TV 4; Iowa TIT '2.T-. 
 
 S.D. ITT 4-, Tenn. IT 25; W.Va. VI 14.) 
 
 No collector, holder or disbureer of public moneys eligible until 
 
 accounting for and payment of all sums for which liable. 
 
 (Mich. X 10.) 
 Xo person holding public moneys for disbursement or otherwise. 
 eligible until accounting for and payment of such moneys into 
 treasury. (Ohio TI 5.) 
 No collector, receiver or bolder of public money, eligible until 
 accounting for and payment into treasury of all sums on books 
 thereof charged to and due by him. (Md. Til 12.)
 
 924 State Constitutions 
 
 LEGISLATURE t'd) 
 
 1.UK AJIO.V- AM) DlSQl VLJIUMH'NS OF MEMBERS (Cont'd) 
 
 counting for Public Funds (Cont'd) 
 No person who may have been collector of taxes or otherwise 
 entrusted with public money, eligible until discharge obtained 
 for amount of collections or for all moneys with which en- 
 trusted. (La. 1S2; Tex. Ill 20.) 
 No collector or holder of public money, nor assistant or deputy 
 of such holder or collector, eligible, until accounting for and 
 payment of all sums for which liable. (Ark. V 8.) 
 Collector of taxes or public moneys for state or subdivision 
 thereof, or assistant or deputy of such collector, ineligible 
 unless quietus nl>tained six months before election for amount 
 of collection and for all public money for which responsible. 
 
 (Ky. 45.) 
 
 Xo person liable as principal for public moneys unaccounted for 
 
 to be eligible until accounting for and payment of all sums for 
 
 which liable. (Miss. IV 43.) 
 Former state treasurer ineligible until final settlement of ac- 
 count as treasurer and discharge of balance due, if any. (Del. 
 
 II 24.) 
 Defaulter for public money or for any legal taxes required of 
 
 him, ineligible. .(Ga. Ill Sec. IV 7.) 
 Collectors of excise and state and continental taxes hereafter 
 appointed, and not having settled their accounts with the 
 proper officer, shall not at same time have seat in either house. 
 
 (N.H. II 94.) 
 Age 
 
 Lover House 
 
 Twenty-one years. (Ala. IV 47; Ark. V 4; Ga. Ill Sec. VI 
 I: III. IV 3; Ind. IV 7; Iowa III 4; Me. IV Pt. I 4; 
 Md. Ill 9; Miss. IV 41; Mont. V 3; N.J. IV Sec. I 2; 
 N.M. IV 3; N.D. II 34; Okla. V 17; Ore. IV 8; Pa. II 5; 
 S.C. III 7; Tenn. II 9; Tex. Ill 7; W.Va. IV 4; Wyo. 
 
 III 2.) 
 Twenty-four years. (Del. II 3; Ky. 32; Mo. IV 4.) 
 Twenty-five years. (Ariz. IV Pt. II 2; Colo. V 4; S.D. Ill 
 
 3; Utah VI 5.) 
 5?< nate 
 
 Twenty-one years. (Ore. IV 8.) 
 Twenty-four years. (Mont. V 3.) 
 
 Twenty-five years. (Ala. IV 47; Ariz. IV Pt. II 2; Ark. V 
 1: Colo. V 4; Ga. Ill Sec. V 1; 111. IV 3; Ind. IV 7; 
 Iowa III 5; La. 24; Me. IV Pt, II 6; Md. Ill 9; Miss. 
 IV 12: X.M. IV ;;•, X.C. II 7; N.D. II 28; Okla, V 17; 
 Pa. II f>; S.C. HI 7; S.D. Ill 3; Utah VI 5; W.Va. IV 
 
 4; Wyo. Ill 2.) 
 Twenty-six years. (Tex. Ill 6.) 
 nty-seven years. (Del. II 3.) 
 Thirty years. (Ky. 32; Mo. IV 6; N.H. II 28; X.J. IV Sec. 
 
 T 2; Tenn. II 10; Vt. TI 18.)
 
 Inih.x 1)k.i-i 925 
 
 LEGISLATURE (Cont'd) 
 
 Qualifications and Disqualifications ok Members (Cont'd) 
 Bribery as Disqualification 
 
 See also above, this title, Members- I'.kuuky. 
 Person convicted of, ineligible. (Ala. IV 60;; Ark. V 9; Del. II 
 21; 111. IV 4; Miss. IV 44; N.D. II 38; Pa. 117: S.I). Ill 4.) 
 Person convicted of bribery or solicitation of bribery ineligible. 
 
 ilo. Ml 4.) 
 
 Person convicted of bribery or corruption in obtaining election 
 
 or appointment ineligible. (Mass. Pt. II Ch. VI 2; X.H. 
 
 II 9 
 Person who directly or indirectly gives, promises or bestows any 
 rewards to be elected, to be incapable to serve for ensuing year. 
 
 (Vt. II 51.) 
 Citizenship 
 
 Of United States 
 
 Required. (Ariz. IV Pt. II 2; Ark. V 4; Colo. V 4; Ga. 
 Ill Sec. V 1, Sec. VI 1; Ida. Ill 6; 111. IV 3; Ind. IV 
 7; Iowa III 4, 5; Mich. V 5; Mp. IV 5. 6; Mont. V 3: 
 Ore. IV 8; S.D. Ill 3; Tenn. II 9, 10; Tex. Ill 6, 7; 
 Utah VI 5; Wash. II 7; Wyo. Ill 2.) 
 For five years at commencement of period for wbich elected. 
 
 (Me. IV Pt. I 4, Pt. II 6.) 
 Of State 
 
 At time of election. (Ky. 32; Md. Ill 9; Wyn. Ill 2.) 
 For two years next preceding election (senate) . (X. C. II 7.) 
 For three years next before election. (Ala. IV»47; Cal. IV 
 
 4; Del. II 3.) 
 For three years immediately preceding election (lower 
 
 house). (Tenn. II 9, 10.) 
 For four years next before election. (Pa. II 5.) 
 For four years next preceding election (lower house). 
 
 (Miss. IV 41.) 
 
 For five years at time of election. (La. 24.) 
 
 For five years next preceding election (senate). (W.Va. IV 4.i 
 
 , For four years next before election (senate) ; for two years 
 
 (lower house). (Ga. Ill Sec. V I. Sec. VI 1; N.J. IV 
 
 Sec. I, 2.) 
 
 Defaulter Ineligible, See above, this subdivision, Accounting for Pub- 
 lic Funds. 
 
 Determination of 
 
 Each house to be judge of qualification- of own members. (Ala. 
 IV 51; Ariz. IV 8; Cal. IV 7; Colo. V 10; Del. II 8; Fla. Ill 
 6; Ga. Ill Sec. VII 1; Ida. Ill 9; 111. IV 9j Ind. IV 10; [owa 
 III 7; Kan. II 8; Ky. 38; La. 25; Me. IV Pt. Ill 3; M 
 Pt. II Ch. I Sec, II 4, III 10; Mich. V 15; Miss. IV 38; 
 Mont. V 9; Xebr. Ill 7: NTev. IV 0; X.1I. II 21. 34; N.J. IV 
 Sec. IV 2; N.M. IV 7; X.Y. Ill 10; X.C. II 22; X.D. II 47; 
 Ohio II 6; Okla. V 30; Ore. IV 11; Pa. II 9; R.I. IV G; S.C.
 
 •-, mi; Constitutions 
 
 LEGISLATURE [Confd) 
 
 QuAunCAHONS and Disqualifications of Members (Cont'd) 
 
 Determination of (Cont'd) 
 
 III 11; S.D. Ill 9; Tenn. II 11 j Tex. Ill 8; Utah VI 10; Va. 
 
 IV 47 .' y, 111 I. 19j Wash. II 8; W.Va. VI 24; Wis. IV 7; 
 
 Wyo. Ill 10.) 
 Each house to judge of eligibility of own members. (Minn. IV 
 
 3.) 
 Each house to be sole judge of qualifications of own members. 
 
 (Ark. V 11.) 
 Each house to be judge of qualifications of own members as pre- 
 scribed by constitution and laws of state. (Md. Ill 19.) 
 Dual Office Holding 
 
 State Officer Ineligible 
 
 Adjutant-general ineligible, See Militia. 
 
 Attorney -general ineligible, See Attorney-General. 
 
 Auditor ineligible, See Auditor. 
 
 Clerk of court ineligible, See Courts — Clerks. 
 
 Clerk of lower house ineligible, See above, this title, Officers 
 
 — Qualifications and Disqualifications. 
 Collector of taxes ineligible. (111. IV 3; S.D. Ill 3; Va. 
 
 IV 44.) 
 Commissary-general ineligible, See Militia. 
 Commissioner of revenue ineligible. (Va. IV 44.) 
 Comptroller ineligible, See Comptroller. 
 Constable ineligible, See Constables. 
 Coroner ineligible, See Coroners. 
 
 Council, member of, ineligible, See Governor — Council. 
 County attorney ineligible, See Prosecuting Attorneys. 
 Custom officers, including naval officers, ineligible. (Mass. 
 
 1't. II Chap. VI 2; N.H. II 94.) 
 Governor ineligible, See Governor. 
 Judges ineligible, See Courts — Judges. 
 Judge of probate ineligible, See Courts — Probate Courts. 
 Justice of peace ineligible. See Courts — Justices of Peace. 
 Lieutenant-governor ineligible, See Lieutenant-Governor. 
 .Military officers receiving pay from continent or state, except 
 olficers occasionally called forth on emergency, ineligible. 
 
 (N.H. II 94.) 
 Recerver-general ineligible. (Mass. Pt. II Chap. VI 2.) 
 Recorder ineligible, See Counties. 
 Register ineligible. (Tenn. II 26.) 
 
 Register of deeds ineligible, See Counties — Recorder. 
 Register of probate ineligible, See Courts — Probate Courts. 
 Secretary of state ineligible, See Secretary of State. 
 Sergeairl ineligible. (Va. IV 44.) 
 Sheriff and deputies ineligible, See Sheriffs. 
 Solicitor-general ineligible, See Solicitor-General. 
 State's attorney ineligible, See Prosecuting Attorneys. 
 Surveyor-general ineligible, Sec Surveyor-General.
 
 Index Digest 927 
 
 LEGISLATURE (Cont'd) 
 
 Qualifications and Disqualifications of Members [Cont'd) 
 Dual Office Holding {Cont'd) 
 
 State Officer Ineligible (Cont'd) 
 
 State treasurer ineligible; See Treasurer. 
 Tax assessor ineligible. (Va. IV 44.) 
 
 No person holding salaried office under the state eligible 
 
 during continuance in office; election to Legislature and 
 
 qualification as member to vacate office. (Va. IV 44.) 
 
 No person to serve who is, at time of such service, an officer 
 
 of the state government, or is receiving compensation as 
 
 such. (Okla. V 18.) 
 No person holding any office (except of attorney-at-law or in 
 militia), under this commonwealth, eligible during con- 
 tinuance in office. (Pa. II 6.) 
 No person holding an office under Ibis state (except that of 
 notary public or in militia), eligible during continuance 
 in office. (Mont. V 7; Wyo. Ill 8.) 
 No person holding any office under this state (except at- 
 torneys-at-law, notaries public or in militia), eligible. 
 
 (Colo. V S.) 
 No person holding any office under the slate (except officers 
 usually appointed by the courts of justice, respectively, 
 attorneys-at-law and officers in the militia), eligible dur- 
 ing continuance in office. (Del. II 14.) 
 No person holding any office under state or under any county, 
 eligible (except notaries public, officers of militia and offi- 
 cers elected by townships). (Mich. V 6.) 
 No person to be, at same time, member of legislature and 
 officer of any county, city, town or municipality, or an 
 employee thereof, (Ky. 165.) 
 No person holding lucrative office under this state eligible. 
 
 (W.Va. VI 13.) 
 
 No person holding lucrative office under state government 
 
 eligible during term for which elected or appointed. 
 
 (Tex. Ill 19.) 
 
 No person holding lucrative office under Ibis stale eligible, 
 
 but appointments in militia and offices of notary public 
 
 and justice of peace not to be considered lucrative. (111. 
 
 IV 3; S.D. Ill 3.) 
 No person holding any lucrative office under this state 
 eligible, but offices in militia to which is attached no 
 annual salary or office of justice of peace or notary pub- 
 lic, not to be deemed lucrative. (Iowa ill 22.) 
 No person holding lucrative office under state eligible 
 (military officers, justices of peace, officers of public 
 schools, and notaries, excepted). (Ark. V 7.) 
 No person holding any lucrative office under the authority 
 of this state eligible (township officers, justices of peace, 
 notaries public and officer's of militia, excepted). (Xebr. 
 
 Ill (J: Ohio II L)
 
 - date Constitutions 
 
 LEGISLATURE </) 
 
 ,ii DiSQUAIJfflCATIQNS of Members (Cont'd) 
 
 Dual Office Holding (Cont'd) 
 
 , Ineligible {.Cont'd) 
 
 No person holding a lucrative office under this state or any 
 municipality thereof (military officers, justices of peace 
 ami notaries public, excepted), eligible; acceptance of 
 any such office to vacate seat. (Mo. IV 12.) 
 
 No person holding a lucrative office or appointment under 
 tins state eligible. (Fla. Ill 7.) 
 
 No person holding lucrative office or appointment under 
 state, eligible, but offices of militia to which no annual 
 compensation attached, not to be deemed lucrative. (Ind. 
 
 II 9; Ore. II 10.) 
 
 .\o person eligible, who at time of election is, or within 100 
 
 days previous thereto has been, an officer of any city 
 
 government; acceptance of appointment to such office to 
 
 vacate seat. (N.Y. Ill 8.) 
 
 No person holding any office of profit eligible; office to be 
 considered vacant on being elected and taking seat. (N.J. 
 
 IV Sec. V 3.) 
 
 No person holding any office of profit under this state eli- 
 gible (office in militia, attorney-at-law, notary public or 
 justice of peace, excepted). (N.D. II 37.) 
 
 No person holding office of profit under state, eligible dur- 
 ing continuance in office (justices of peace, notaries pub- 
 lic, coroners and officers of militia, not ineligible). (Me. 
 
 IV Pt, III 11.) 
 
 No person holding civil office of profit or trust under state, 
 eligible, except justices of peace. (Md. "Ill 11.) 
 
 .No person eligible who, at time of qualifying, holds an 
 office of trust or profit under the state or county govern- 
 ment, except notaries public and officers of the militia 
 who receive no salary. (N.M. IV 3.) 
 
 No person eligible while holding any office or position of 
 profit or trust under this state (except officers in militia 
 and notaries public) ; acceptance or exercise of any such 
 office or position to vacate seat, (S.C. Ill 24.) 
 
 No person holding any office or place of trust or profit 
 under state (except officers in militia, justices of peace, 
 commissioners of public charities or for special purposes), 
 
 eligible. (N.C. XIV 7.) 
 
 No person holding any public office of profit or trust under 
 authority of state, eligible (appointments in militia and 
 office of notary public and justices of peace, excepted). 
 
 (Ariz. IV Pt. II 4.) 
 
 No person holding any public office of profit or trust under 
 the authority of this state eligible, but appointments to
 
 I.NDKX D Ii; K.ST 929 
 
 LEGISLATURE (Cont'd) 
 
 Qualifications and Disqualifications of Memhers (Cont'd) 
 Dual Office Holding (Cont'd) 
 
 State Officer Ineligible (Cont'd) 
 
 state militia and offices of notary public and justice of 
 peace not to be considered offices of profit or trust. 
 
 (Utah VI 6.) 
 No person holding civil or military office under United 
 States or any other power, eligible ; acceptance of any 
 such office to vacate seat; but officers of militia of the 
 state who receive no annual salary and local officers 
 whose compensation does not exceed $300 per annum, not 
 disqualified. (Wash. II 14.) 
 No person holding military commission or other appoint- 
 ment or office having emolument or compensation annexed 
 thereto under this state (except justices of peace and 
 officers of militia), eligible. (Ga. Ill Sec. IV 7.) 
 Member of senate acting as governor or lieutenant-gov- 
 ernor thereupon vacates seat. (S.C. IV 8.) 
 Ineligible to State Office Generally 
 
 Member not to be councillor. (Me. V Pt. II 4.) 
 Not to hold, during time for which elected, any office under 
 
 authority of state. (Minn. IV 9.) 
 Not to be appointed during term for which elected to any 
 office under state or any municipality thereof. (Mo. IV 
 
 12.) 
 Ineligible during term for which elected to any office, elec- 
 tion to which is fixed in legislature. (Ind. IV 30; Ore. 
 
 IV 30.) 
 
 Not to be appointed to any office or place, appointment to 
 
 which may be made in whole or in part by either house. 
 
 (Tex. Ill IS.) 
 
 Not to be appointed to any civil office under state during 
 
 term for which elected. (Colo. V S; Mont. V 7; N.M. 
 
 IV 28; Pa. II 6; Wyo. Ill S.) 
 Not to be appointed or elected to any civil office under 
 
 state during term for which elected. (Ark. V 10.) 
 Not to be appointed or elected, during term for which 
 elected, to civil office of profit in state, except office 
 filled by election by people. (Va. IV 45.) 
 Not to receive any civil appointment from governor or gov- 
 ernor and senate during term for which elected. (X.D. 
 
 II 39.) 
 
 Not to be appointed by governor, with or without advice 
 
 and consent of senate, to any office of appointment having 
 
 emoluments annexed thereto, during time for which 
 
 elected. (Ga. Ill Sec. IV 7.) 
 
 Not to receive any civil appointment within the state from 
 
 governor or senate during term for which elected; such 
 
 30
 
 930 State Constitutions 
 
 LEGISLATURE d) 
 
 Qualifications am> Disqualifications of Members (Cont'd) 
 Dual Office Holding (Cont'd) 
 
 j m to State Office Generally {Cont'd) 
 
 appointments and votes given for such member therefor 
 to be void. (Nebr. Ill 13.) 
 Not to receive any civil appointment within state from 
 governor and senate, or from general assembly, during 
 term for which elected; any such appointment to be void. 
 
 (111. IV 15.) 
 
 Not to receive any appointment from governor, governor 
 
 and senate, or from legislature, during term for which 
 
 elected. (Okla. V 23.) 
 Not to receive any civil appointment from governor or 
 senate, governor and senate or from legislature during 
 term for which elected; such appointment and vote given 
 for such member therefor to be void. (S.D. Ill 12.) 
 to be appointed, during time for which elected, to any 
 office or place of trust, appointment to which is vested 
 in executive or general assembly, except to office of trustee 
 of a literary institution. (Tenn. II 10.) 
 Not in receive any civil appointment in state from gover- 
 nor, from governor and senate or from legislature, or from 
 any city government during time for which elected; such 
 appointment and votes given therefor, to be void. (N.Y. 
 
 Ill 7.) 
 Not to receive any civil appointment within state from gov- 
 ernor (except notaries public), or from governor and 
 senate, state legislature or any other state authority 
 during term for which elected; such appointments and 
 votes given for such member therefor to be void. (Mich. 
 
 V 7.) 
 Ineligible to State Office Created During Term 
 
 No member, after qualification, notwithstanding resigna- 
 tion, to be eligible during whole period of time for which 
 elected to office created or salary or profits of which 
 increased during such term. (Md. Ill 17.) 
 Not to be appointed or elected, during term for which 
 elected, to office or commission in state created or emolu- 
 ments thereof increased during his term of office. (Okla. 
 
 V 23.) 
 Not to be appointed, during term for which elected, to 
 civil office under state created or emoluments of which 
 increased during such term. (Del. IT 14; Tex. Ill 18.) 
 Not to be appointed or elected, during term for which 
 elected, to any civil office in state created or emoluments 
 of which increased during such term. (N.D. II 39; S.D. 
 
 Ill 12; Wash. II 13; Wis. IV 12.)
 
 Im»kx Digest doi 
 
 LEGISLATURE (Cont'd) 
 
 Qualifications and Disqualifications of Members (Cont'd) 
 Dual Office Holding (Cont'd) 
 
 Ineligible to State Office Created During Term (Cont'd) 
 
 Not to be appointed or elected, during time for which 
 elected, to any civil office under constitution of this eta 
 created or emoluments of which increased during such 
 
 time. (Fla. Ill 5.) 
 Not to be appointed, during term for which elected, to 
 civil office created or emoluments of which increased dur- 
 ing such term, except offices filled by election by people. 
 
 (Ore. IV 30.) 
 Not to be appointed, during term for which elected, by 
 governor or by legislature in joint meeting to civil office 
 under authority of state created or emoluments of 
 which increased during such time. (N.J. IV Sec. V 1.) 
 Not to be appointed, during term for which elected, to any 
 office of profit created or emoluments of which increased 
 during time in office, except to offices filled by election by 
 
 people. (Miss. IV 45.) 
 
 Not to be appointed, during term for which elected, to any 
 
 office of profit created or emoluments of which increased 
 
 during such term, except offices filled by election by 
 
 people. (Ala. IV 59.) 
 
 Not to be appointed or elected, during term for which 
 
 elected, to any civil office of profit under state created or 
 
 emoluments of which increased during said term. (Ariz. 
 
 IV Pt. II 5; Utah VI 7.) 
 
 Not to be appointed, during term for which elected, to any 
 
 civil office of profit under state created or emoluments 
 
 of which increased during such term, except office filled 
 
 by election by people. (Cal. IV 19; Ind. IV 30; Iowa 
 
 III 21; Me. IV Pt. Ill 10.) 
 Not to be appointed or elected, during term for which 
 elected, to any civil office of profit under state created 
 or emoluments of which increased during such term, ex- 
 cept offices to be filled by election by people. (W.Va. VI 
 
 15.) 
 
 Not to hold office under state created or emoluments of 
 
 which increased during session of legislature of which a 
 
 member, until one year after expiration of term of office. 
 
 (Minn. IV 9.) 
 Not to be appointed, during term for which elected or for 
 one year thereafter, to any civil office under state cre- 
 ated or emoluments of which increased during term for 
 which elected. (Ohio II 19.) 
 Not to be appointed to any civil office in state during term 
 for which elected; nor within one year thereafter to any 
 civil office created or emoluments of which increased dur- 
 ing such term. (N.M. IV 28.)
 
 E k UNSTITUTIOXS 
 
 LEGISLATURE 
 
 QUAIZHMUXIOXS AHD DISQUALIFICATIONS OF MEMBERS (Cont'd) 
 
 Dual Office Holding {Cont'd) 
 
 Indnjih, office Created During Term (Cont'd) 
 
 Hoi to !"• appointed, during term for which elected and for 
 one year thereafter, to any civil office of profit under 
 abate created or emoluments of which increased during 
 such term, except offices filled by election by people. 
 
 (Nev. IV 8.) 
 
 Not to be appointed or elected during term for which 
 
 elected nor for one year thereafter, to any civil office of 
 
 profit in • state created or emoluments of which in- 
 
 CTeasdd during term, except to office filled by election of 
 
 people. (Ky. 44.) 
 Not to be appointed or elected, during term for which 
 elected and one year thereafter, to any civil office of 
 profit or trust under state created or emoluments of 
 whicb increased by legislature during time he was mem- 
 ber thereof. (La. 27.) 
 United States Offices 
 
 No merriber of Congress eligible. (Ark. V 7; Colo. V 8; 
 Conn. X 4; Del. II 14; 111. IV 3; La. 164; Me. IV Pt. 
 Ill 11; Mont. V 7; Pa. II 6; S.D. Ill 3; Tex. XVI 12; 
 
 W.Va. VI 13; Wyo. Ill 8.) 
 
 No member of Congress eligible; acceptance of seat in 
 
 Congress to vacate seat in legislature. (Kan. II 5; Md. 
 
 ill lo; Mo. IV 12; X.H. II 94; Wash. II 14; Wis. IV 
 
 13.) 
 No person eligible, who at time of election is, or within 100 
 days previous thereto has been, member of Congress; 
 acceptance of seat in Congress to vacate seat in legisla- 
 ture. (X.Y. Ill 8.) 
 No person to serve who is, at time of such service, an officer 
 of United States or is receiving compensation as such. 
 
 (Okla. V 18.) 
 
 No officer of United States eligible. Acceptance of elective 
 
 or appointive office under United States to vacate seat. 
 
 (Kan. II 5.) 
 Xo person holding any office under United States eligible. 
 
 (Mich. V 6.) 
 
 No person holding office under United States eligible during 
 
 continuance in office. (Colo. V S; Mont. V 7; Pa. II 6; 
 
 Wyo. Ill 8.) 
 No person holding an office under United States eligible 
 during cunt inuanee in office; acceptance of such office to 
 vacate seat in legislature. (X.H. II 94.) 
 No peraon holding any office under government of the 
 United States eligible, unless at time of oath he shall 
 have resigned such office. (R.I. IX 6.)
 
 Index Dig'est 933 
 
 LEGISLATURE (Cont'd) 
 
 Qualifications and Disqualifications of Mi mi.kjjs \c<,nt'd) 
 Dual Office Holding (Cont'd) 
 
 United States Offices (Cont'd) 
 
 No person holding office under United States ( postmasters 
 excepted), eligible during continuance in office. (Me. 
 
 IV Pt. Ill 11.) 
 No person holding office under tlie United States, except 
 officers usually appointed by the ooarts of justice, re- 
 spectively, eligible during continuance in office. (Del. 
 
 II 14.) 
 
 Xo person holding office under authority of the United 
 
 States eligible. (Conn. X 4; Xebr. Ill 6; Ohio II 4; 
 
 Tenn. II 26.) 
 Xo person holding any office under authority of United 
 States eligible (postmasters excepted). (Mass. Amend. 
 
 \ III.) 
 Xo person holding lucrative office under United States, eli- 
 gible. (111. I\ 3; W.Va. VI 13.) 
 Xo person holding lucrative office or appointment under 
 
 United States, eligible, (Fla. Ill 7.) 
 Xo person holding lucrative office under United States 
 eligible during term for which elected or appointed. 
 
 (Tex. Ill 19.) 
 
 Xo person holding lucrative office under United States, 
 
 eligible; acceptance of any such office to vacate seat. 
 
 (Mo. IV 12.) 
 Xo person holding lucrative office under United States 
 
 (postmasters excepted), eligible. (Ark. V 7.) 
 Xo person holding lucrative office or appointment under 
 United States eligible; but office of deputy postmaster, 
 with salary not exceeding $90 per annum, not to be deemed 
 lucrative. (Ind. II 9.) 
 Xo person holding any lucrative office under the United 
 States, eligible, but office of postmaster whose compensa- 
 tion does not exceed $100 per annum, not to be deemed 
 lucrative. (Iowa III 22.) 
 Xo person holding a lucrative appointment or office under 
 United States, eligible, but office of postmaster with 
 compensation not exceeding $100 per annum not to be 
 deemed lucrative. (Ore. TI 10.) 
 Xo person holding lucrative office or office of honor or 
 profit under United States government, eligible, except 
 postmasters receiving annual compensation not exceed- 
 ing $300. (S.D. Ill 3.) 
 Xo person holding office of profit under United States gov- 
 ernment, eligible: acceptance of. such office to vacate seat. 
 
 (X.J. IV Sec V 3. 2.) 
 Xo person holding office of profit or trust under authority 
 of Congress, eligible. (Vt. II 50.)
 
 934 State Constitutions 
 
 LEGISLATURE [Cont'd) 
 
 unifications and Disqualifications of Members {Cont'd) 
 Dual Office Holding i Cont'd) 
 
 United States Offices [Cont'd) 
 
 No person eligible who at time of qualifying holds any 
 office of trust or profit under national government. 
 
 (N.M. IV 3.) 
 No person holding or exercising office of trust or profit 
 under United States, eligible. (La. 164; Tex. XVI 12.) 
 No person holding any office or position of profit or trust 
 under Tinted States, eligible; acceptance of such office 
 or position to vacate seat. (S.C. Ill 24.) 
 No person holding any office of profit or honor under gov- 
 ernment of the United States except postmasters receiv- 
 ing annual compensation not exceeding $300, eligible. 
 
 (N.D. II 37.) 
 
 No person holding office or place of trust or profit under 
 
 1 ni ted States or any department thereof, eligible. (N.C. 
 
 XIV 7.) 
 No person holding any public office of profit or trust under 
 authority of the United States, eligible. (Utah VI 6.) 
 No person holding any public office of profit or trust under 
 authority of United States, eligible, but United States 
 commissioner and postmaster of fourth class not dis- 
 qualified. (Ariz. IV Pt, II 4.) 
 No person holding office or position of profit or emolument 
 under United States government or in employ of such 
 government, eligible. (Va. IV 44.) 
 No person holding any civil or military office under United 
 States, eligible; acceptance of any such office to vacate 
 
 seat. (Md. Ill 10; Wis. IV 13.) 
 No person holding military commission or other appoint- 
 ment or office having emolument or compensation annexed 
 thereto under government of United States, eligible. 
 
 (Ga. Ill Sec. IV 7.) 
 NO person eligible, who at time of electipn is, or within 
 100 days previous thereto has been, civil or military 
 officer under United States; acceptance of appointment to 
 such office to vacate seat. (N.Y. Ill 8.) 
 No person holding any civil or military office under the 
 United States, eligible; acceptance of appointment to 
 any office civil or military under government of United 
 stales to vacate seat; but postmasters not disqualified 
 whose compensation does not exceed $300 per annum. 
 
 (Wash. II 14.) 
 
 Not to hold, during term for which elected, any office under 
 
 authority of United States, except that of postmaster. 
 
 (Minn. II 9.) 
 
 Not t(, receive appointment in senate of United States from 
 
 ivernor, governor and senate, or legislature, during time
 
 Index Digest 935 
 
 LEGISLATURE (Cont'd) 
 
 Qualifications and Disqualifications of Members (Cont'd) 
 Dual Office Holding (Cont'd) 
 
 United States QjfuRep (Cont'd) 
 
 for which elected; such appointment and votes given 
 therefor to be void. (N.Y. Ill 7.) 
 
 Not to receive appointment in senate of United States from 
 governor, governor and senate, legislature or any other 
 state authority during term for which elected; such 
 appointment and votes given for such member therefor to 
 
 be void. (Mich. V 7.) 
 Offices Outside State 
 
 No person holding military commission or other appoint- 
 ment or office having emolument or compensation annexed 
 thereto under any other state, eligible (except justices 
 of peace and officers of militia). (Ga. Ill Sec. IV 7.) 
 
 No person holding or exercising office of profit or trust 
 under any other state or under foreign power, eligible. 
 
 (Tex. XVI 12.) 
 
 I No person holding any office or position of profit or trust 
 
 under any other state or power eligible (except officers 
 
 in militia and notaries public) ; acceptance or exercise 
 
 of such office or position to vacate seat. (S.C. Ill 24.) 
 
 No person holding any office or place of trust or profit 
 under any other state or government (except officers in 
 militia, justices of peace, commissioners of public chari- 
 ties or for special purposes), eligible. (N.C. XIV 7.) 
 
 No person holding any office of honor or profit under for- 
 eign government eligible. (N.D. II 37; S.D. Ill 3.) 
 
 No person holding or exercising office of trust or profit 
 under foreign power, eligible. (La. 164.) 
 
 No person holding lucrative office under foreign government 
 eligible during term for which elected or appointed. 
 (111. IV 3; S.D. Ill 3; Tex. Ill 19; W.Va. VI 13.) 
 
 No person holding any lucrative office under any other 
 power eligible, but officers in militia to which is at- 
 tached no annual salary, or office of justice of peace or 
 notary public not to be deemed lucrative. (Iowa III 22.) 
 
 No person holding any civil or military office under any 
 other power eligible; acceptance of such office to vacate 
 
 seat. (Wash. II 14.) 
 
 Acceptance of appointment under any other government to 
 vacate seat, except when appointed to take depositions 
 or acknowledgments of deeds or other legal instruments 
 by authority of any other state or country. (R.I. IX 0.) 
 
 Education 
 
 To be able to read, write, speak and understand English lan- 
 guage sufficiently well to perform duties without aid of in- 
 terpreter. (Ariz. XX 8.)
 
 . ^< INSTITUTIONS 
 
 LEGISLATURE 
 
 - A M> H.-.WUII ■■!( ATTONS OF MEMBERS (Co?lt'(I) 
 
 Electoral 
 
 Right of suffrage required. (N.J. IV Sec. I 2.) 
 
 ii elector. (Nobr. Ill 5.) 
 Qualified electa* of state at time of election. <Tex. Ill 6, 7.) 
 
 he an elector under constitution. (La. 24.) 
 Qualified elector of state (lower house). (N.C. II 8.) 
 Qualified voter of state. (Minn. IV 25.) 
 
 Qualified to vote for members of legislature at time of election. 
 
 (Va. IV 44.) 
 
 Qualified elector of county or district represented. (Fla. Ill 
 
 4; Mich. V 5; Nev. IV *5; N.M. IV 3; N.D. II 28, 34; Okla. 
 
 V 17; S.D. III 3.) 
 Qualified voter in county or district from which chosen. (Kan. 
 1 Jl 4; Utah VI 5; Wash. II 7; Wis. IV 6.) 
 Duly qualified elector in county for which chosen at time of 
 
 election. (S.C. Ill 7.) 
 glector of state at time of election and elector of county or dis- 
 trict from which chosen for at least one year preceding elec- 
 tion. (Ida. Ill 6.) 
 Qualified elector of state for four years next before election 
 (senate); qualified elector of state (lower house). (Miss. 
 
 IV 42, 41.) 
 Qualified voter of state for three years next before election 
 (senate) ; qualified voter of state for two years next before 
 election (lower house). (Mo. IV 6, 4.) 
 
 Embezzlement as Disqualification 
 
 No person convicted of embezzlement of public money eligible. 
 
 (Ala. IV CO; Ark. V 9; Colo. XII 4; Del. II 21; JPa. II 7.) 
 
 Xo person convicted of embezzlement or misuse of public funds 
 
 eligible. (Kan. II 6.) 
 
 Expelled Members 
 
 .Member expelled for corruption to be thereafter ineligible to 
 cither house. (Ala. IV 54; Ark. V 12; Colo. V 12; Mont. 
 V 11; N.D. II 38; Okla. V 19; Wyo. Ill 12.) 
 
 Felony as Disqualification 
 
 Person convicted of, ineligible. (Okla. V IS.) 
 
 Forgery as Disqualification 
 
 Person convicted of, ineligible. (Ark. V 9.) 
 
 Former State Treasurer, Eligibility of, .^Ve above, this subdivision, 
 
 Accounting for Public Funds. 
 Holding Two Offices, See above, this subdivision, Dual Office 
 
 Holding. 
 
 Infamous Crime as Disqualification 
 
 Pe»60H convicted of, ineligible. (Ala. IV 60; Ark. V 9; Del. 
 II 21; HI. IV 4; Miss. IV 44; N.D. II 38; Pa. II 7; S.D. Ill 
 
 4.)
 
 I.vdkx Digest :i:;7 
 
 LEGISLATURE (Cont'd) 
 
 Qualifications and Disiji-aui'i. .miuns .h Minimus [Oonfd] 
 Inhabitant 
 
 See also below, this subdivision, Residence. 
 Of District Represented 
 
 At time of election. (Also as to members of lower house, 
 
 removal from district to vacate scat.) IX. II. II 28; 13.) 
 
 For one year next preceding election. (Cal. IV 4; Ind. IV 
 
 7; Mo. IV 4, 6; X.J. IV Sec. I 2; Ore. IV S.) 
 For one year next preceding election unless absent on public 
 business of United States or of this state. (Del. II 3; 
 
 Pa. II 5.) 
 Of State 
 
 For one year next preceding election. (Iowa III 4, 5.) 
 For two years next preceding election. (Ind. IV 7.) 
 For three years next before election. (Cal. IV 4.) 
 For three years next preceding election, unless absent on 
 public business of United States or of this state. (Del. 
 
 II 3.) 
 For four years next before election, unless absent on public 
 
 business of United States or of this state. (Pa. II 5.) 
 
 For four years next before election (senate) ; for two years 
 
 next before election (lower house). (X.J. IV Sec. I 2.) 
 
 For seven years immediately preceding election (senate) ; 
 
 for two years next preceding election (lower house). 
 
 (X.H. II 28, 13.) 
 
 Interest in Contract as Disqualification 
 
 Xo person interested in contract with or unadjusted claim 
 
 against state to be eligible. (Xebr. Ill 6.) 
 Xo person eligible while concerned in any army or navy con- 
 tract. (Del. II 14.) 
 
 Ministers of Gospel Ineligible 
 
 Xo minister of gospel or priest of any denomination eligible. 
 
 (Tenn. IX 1.) 
 Xo minister or preacher of gospel or of any religious creed or 
 denomination, eligible. (Md. Ill 11.) 
 
 Oath of Office, See above, this titl<\ Members — Oath of Office. 
 
 Perjury as Disqualification 
 
 Person convicted of, ineligible. (Ala. IV GO; Del. II 21; 111. 
 
 IV 4; Miss. IV 44; X.D. II 38,; Pa. II 7: S.D. Ill 4.) 
 Person convicted of. or of subornation of perjury, ineligible. 
 
 (Colo. XII 4.) 
 Member convicted of having sworn falsely to and violated oath 
 of office, to be disqualified thereafter. (S.D. Ill 8.) 
 
 Railroad Officer Ineligible 
 
 Xo salaried officer of anv railroad company eligible. (W.Va. 
 
 VI 13.)
 
 State Constitutions 
 
 LEGISLATURE [Con? 
 
 LIJFICATION8 ami Di^m -.unifications of Members (Cont'd) 
 Residence 
 
 See also above, this subdivision, Inhabitant. 
 In District Represented 
 
 During term of office. (Okla. V 17; Pa. II 5.) 
 Removal of residence therefrom to vacate seat. (Mich. V 
 
 5; Mo. IV 13.) 
 Permanent change of residence therefrom to vacate seat. 
 
 (Fla. Ill 8.) 
 At time of election. (Kan. II 4.) 
 
 At time of election; removal therefrom to vacate office. (Va. 
 
 IV 44.) 
 To have had actual residence of 60 days at time of elec- 
 tion. (Iowa III 4, 5.) 
 For three months next preceding election ; to continue to be 
 resident thereof during term for which elected. (Me. IV 
 
 Pt. I 4, Pt. II 6.) 
 For six months immediately preceding election. (Minn. IV 
 
 25.) 
 
 For one year next preceding election. (Ariz. IV Pt. II 2; 
 
 Ark. V 4; Colo. V 4; Ky. 32; Md. Ill 9; Mont. V 3; N.C. 
 
 II 7, S; Tenn. II 9, 10; Utah VI 5; Wyo. Ill 2.) 
 
 For one year next preceding election unless absent on public 
 
 business of United States or of this state. (Ohio II 3.) 
 For one year next preceding election; removal therefrom to 
 vacate seat. (Ga. Ill Sec. V 1, Sec. VI 1, Sec. IV 8; 
 
 Tex. Ill 6, 7, 23; W.Va. VI 12.) 
 For one year next before election, unless absent upon public 
 business of United States or of this state; removal from 
 district to vacate seat. (Nebr. Ill 5.) 
 For one year next before election, or, if not so long estab- 
 lished, then of county or district from which same taken. 
 Members to reside in respective counties or districts dur- 
 ing term of office. (Ala. IV 47.) 
 To be of the freemen of county from which elected (senate) ; 
 of town from which elected for one year ( lower house ) . 
 
 (Vt. II 15, 18.) 
 At time of election (senate) ; for one year next preceding 
 election (lower house) . Seat in either house to be vacated 
 on removal from district, (Mass. Amend. 32, 31.) 
 For two years next preceding election. (111. IV 3.) 
 For two years immediately preceding election; seat to be 
 vacated on removal therefrom. (Miss. IV 42, 41.) 
 
 two years immediately preceding election; change of 
 
 nee fmm such district to vacate sent, declaration of 
 
 ifion of domicile to the contrary notwithstanding. 
 
 (La. 24.)
 
 Index Digest 939 
 
 LEGISLATURE (Cont'd) 
 
 Qualifications and Disqualifications of Members [Cont'd) 
 Residence (Cont'd) 
 In State 
 
 For one year. ( Wis. IV G.) 
 
 For one year next preceding election. (Ark. V 4; Me. II 
 
 Pt. I 4, Pt. II 6; Minn. II 25.) 
 For two years. (Vt. II 62.) 
 
 For two years next preceding election. (Ark. V 4; X.D. II 
 
 28, 34; 8.D. III 3.) 
 For two years (lower house). (Utah VI 5.) 
 For two years immediately preceding election (senate). 
 
 (N.C. I! 7, 8.) 
 For three years next preceding election. (Ala. IV 47; Ariz. 
 
 IV Pt. II 2; Md. Ill 9; NVM. IV 3; Utah VI 5.) 
 For three years immediately preceding election (senate). 
 
 (Tenn. II 9, 10.) 
 For five years. (111. IV 3.) 
 For five years ( senate ) . ( Mass. Amend. 32. ) 
 For five years next preceding election (senate) ; for two 
 years next preceding election (lower house). (Tex. Ill 6, 
 
 7, 23.) 
 For six years next preceding election (senate) ; for two 
 years next preceding election (lower house). (Ky. 32.) 
 Sex 
 
 Male. (Iowa III 4; Mo. IV 5, 6.) 
 Suffrage, See above, this subdivision, Electoral. 
 Taxpayer 
 
 To have paid state and county tax within one year next pre- 
 ceding election. (Mo. IV 4, G.) 
 United States Office Holder, See above, this subdivision, Dual Ofj :> : 
 
 EOLDING. 
 
 Quorum 
 
 Adjournment by Governor in Absence of, See above, this title, 
 
 AlUoIIIXMENT. 
 
 Number Required 
 
 Majority of each house. (Ala. IV 52; Ariz. IV 9; Cal. IV 8; 
 Colo.V 11; Conn. Ill 7; Del. II 8; Fla. Ill 11; Ga. Ill Sec. 
 IV 4; Ida. Ill 10; Iowa III 8; Kan. II S: Ky. 37; La. 34; 
 Me. IV Pt, III 3: Mass. Amend. XXXIII; Mich. V 14: Minn. 
 IV 3; Miss. IV 54; Mont. Y 10; X..T. IV See'. IV •_' ; X.M. I\ 
 7; N.Y. Ill 10; N.D. II 46; Okla. V 30; Pa. II 10; R.I. IV 6; 
 S.C. Ill 11; S.D. Ill 9; Utah VI 11: Wash. II S; Wis. IV 7: 
 
 Wyo. Ill 11.) 
 
 Majority of each house (except when raising state tax. when 
 
 two-thirds of members elected is necessary). (Vt. II 14. 19.) 
 
 Majority of members elected to each house. (111. IV 9; Md. Ill 
 
 20; Nebr. Ill 7; Xev. IV 13; Ohio II ii ; Va. IV 46; W.Vfl VI 
 
 21 >
 
 State Constitutions 
 
 LEGISLATURE (Cont'd) 
 I'd) 
 Number Required (Cont'd) 
 
 .Majority of whole number of members of each house. (Mo. IV 
 
 18; N.C. II 2.) 
 Two-thirds of each house. (Ind. IV 11; Ore. IV 12; Tex. Ill 10.) 
 Two-thirds of all members to which each house entitled. (Tenn. 
 
 II 11.) 
 In senate, 13 members, and when less tban 16 present, assent 
 of at least 10 necessary to render acts and proceedings valid; 
 in lower house, majority of members, but when less than two- 
 thirds of members elected are present, assent of two-thirds of 
 that number necessary to render acts and proceedings valid. 
 
 (3ST.H. II 36, 19.) 
 Powers of Smaller Number 
 
 May adjourn from day to day and compel attendance of absent 
 
 members. (Colo. V 11; La. 34; Mass. Amend. 33; Pa. II 10.) 
 
 May meet, adjourn from day to day and compel attendance of 
 
 absent numbers. (Ind. IV 11; Ore. IV 12.) 
 May meet, adjourn from day to day and compel attendance of 
 absent members in such manner and under such penalties' as 
 each house may prescribe. (Ariz. IV Pt. II 9.) 
 May effect temporary organization, adjourn from day to day and 
 
 compel attendance of absent members. (N.M. IV 7.) 
 May adjourn from day to day and compel attendance of absent 
 members in such manner and under such penalties as may be 
 
 prescribed. (R.I. IV 6.) 
 
 May adjourn from day to day and compel attendance of absent 
 
 memliers in such manner and under such penalties as each 
 
 house may provide. (Ala. IV 52; Ark. V 11; Cal. IV 8; 
 
 I .mi. 1117: Fla. Ill 11; Ga. Ill Sec. IV 4; Ida. Ill 10; Iowa 
 
 III S; Me. IV Pt. Ill 3; Md. Ill 20; Mich. V 14; Minn. IV 
 :\: .Miss. IV 54; Mo. IV IS; Mont. V 10; Nev. IV 13; N.J. 
 
 IV Sec. IV 2; Okla. V 30; S.D. Ill 9; Tex. Ill 10; Utah VI 
 11; Va. IV 46; Wash. II S; Wis. II 7; Wyo: III 11.) 
 
 May adjourn from day to day and to be authorized to compel 
 attendance of absent members, as each house may provide. 
 
 (W.Va. VI 24.) 
 
 Ma\ adjourn from day to day, and to be authorized by law to 
 
 compel attendance of absent members in such manner and 
 
 under such penalties as may be prescribed by law. (Ky. 37.) 
 
 May adjourn from day to day and compel attendance of absent 
 
 members in sueb maimer and under such penalties as prescribed 
 
 by law. (X.D. II 46; Ohio II 6.) 
 
 Maj adjourn from day to day and may compel attendance of 
 
 I members in such manner and under such penalties as 
 
 prescribed by law or rule. (S.C. Ill 11.) 
 
 adjourn from day to day. and may be authorized by law 
 to compel aiicinlance of absent members. (Tenn. II 11.)
 
 Index Digest 041 
 
 LEGISLATURE (Cont'd) 
 Quorum (Cont'd) 
 
 Powers of Smaller Number [Cont'd) 
 
 May adjourn from day to day and to have power to compel 
 attendance of absent members in such maimer and under Buch 
 penalties as deemed expedient. (Del. II 8.) 
 Religious Service in 
 
 No money to be appropriated for payment of in either house, 
 
 I Mich. V 26; Ore. I 25.) 
 Rules, Adoption of 
 
 Each house to establish its own rules. (Kan. II 8.) 
 Each house to determine rules of its proceedings. (Ala. IV 53; 
 Ariz. IV 8; Ark. V 12; Cal. IV 9; Colo. V 12; Conn. Ill 8; 
 Del. II 9; Fla. Ill 6; Ida. Ill 9; 111. IV 9; Ind. IV 10; Iowa 
 III 9; Ky. 39; La. 25; Md. Ill 19; Me. IV Pt. Ill 4; Mass. Pt. II 
 Ch. I Sec. II 7, Sec. Ill 10; Mich. V 15; Minn. IV 4; Miss. I\ 
 55; Mont. V 11; Nebr. Ill 7; Xev. IV 6; N.H. II 21, 36; N.J. IV 
 Sec. IV 3; N.M. IV 11; N.Y. Ill 10; N.D. II 48; Okla. V 30; 
 Ore. IV 11; Pa. II 10; R.I. IV 7; S.C. Ill 12; Tenn. II 12; Tex. 
 Ill 11; Utah VI 12; Va. IV 47; Vt. II 19; Wash. II 9; W.Va. VI 
 24; Wis. IV 8; Wyo. Ill 12.) 
 Each house may determine rules of own proceedings except as herein 
 
 provided. (Mo. IV 17; Ohio II S; S.D. Ill 9.) 
 Each house to determine rules of its proceedings but not to adopt 
 any rule that will prevent majority of members elected from dis- 
 charging committee from further consideration of any measure. 
 
 (Mich. IV 15.) 
 Sessions 
 
 Adjournment, See above, this title, Adjournment. 
 Attendance of Members, Compelling, See above, this title, Quorum — 
 
 Powers of Smaller Number. 
 Special Sessions, See below, this subdivision, Special Sessions. 
 Calling to Order 
 
 By oldest member present, who presides until president, of senate 
 or speaker of house chosen and seat taken. ( \V. Va. VI 24.) 
 Senate, by lieutenant-governor; lower house, by secretary of 
 state, who preside until election of speaker. (N.M. IV S.) 
 If lieutenant-governor not present in senate, secretary of slate 
 to preside until president pro tern elected. Senior member 
 from town of Newport to preside in organization of lower 
 house. (R.I. V 2; Amend. XTV 2.) 
 Secretary of state to call lower house to order at openinp of 
 new assembly and preside until temporary presiding officer 
 chosen and seat taken. (111. IV 9; Nebr. Ill 7.) 
 English Language 
 
 Proceedings to be conducted in no other than. (Cal. 1 V 24; 
 La. 165; Mich. XVI 6.) 
 Frequency 
 
 Annual. (Ga. Ill Sec. IV 3; N.J. IV Sec. I 3; N.Y. X 6; R.I. 
 
 Amend. XI 1; S.C. Ill 9.)
 
 State Con-tuitions 
 
 LEGISLATURE [Cont'd) 
 Cont'd) 
 Frequency (Cont'd) 
 
 Animal, and at such other times as legislature may judge neces- 
 sary. (Conn. Ill 2; Mass. Amend. X.) 
 Biennial. (Ariz. IV 3; Ark.' V 5; Cal. IV 2; Del. II 4; Fla. Ill 
 2; [da. Ill 8; Ind. IV 9; Iowa III 2; Kan. II 25; Ky. 36; 
 La. 23 j Me. IV Pt. Ill 1; Md. Ill 14; Mich. V 13; Minn. IV 
 1; Miss. IV 36; Mo. IV 20; Mont. V 6; Nebr. Ill 3; Nev. IV 
 2; XI I. II 3; N.C. II 2; X.D. II 55; Ohio II 25; Okla. V 27; 
 Ore. IV 10; Pa. II 4; S.D. Ill 2; Tex. Ill 5; Utah VI 2; 
 Vt. II 7; Va. IV 46; Wash. II 12; W.Va. VI 18; Wis. IV 11; 
 
 Wyo. Ill 7.) 
 Quadrennial. (Ala. IV 4S.) 
 
 To meet in year next ensuing election of members. (S.D. Ill 7.) 
 Ought frequently to assemble. (Md. D.R. 12; Mass. Pt. I 22; 
 
 S.C. I 3.) 
 Legislative Day 
 
 To be construed to mean a calendar day. (Ky. 42.) 
 Not to be shorter than natural day. (N.D. II 63.) 
 Length 
 
 For limitation of per diem of members to certain number of days 
 of session, See above, this title, Members — Compensation — 
 
 Salary. 
 Nut to exceed 40 days. (Wyo. Ill 6.) 
 Xo longer than 45 days without concurrence of two-thirds of 
 
 members elected to each house. (W.Va. VI 22.) 
 Not to exceed 50 days. (Ala. IV 48.) 
 
 Not to exceed 50 days unless impeachment trial pending at 
 end of that period, when session may be prolonged until end 
 
 of trial. (Ga. Ill Sec. IV 3.) 
 •' May extend to 60 days ". (Fla. Ill 2.) 
 
 To be not less than 60 days (except special sessions). (Xebr. 
 
 Ill 4.) 
 \..t to exceed 60 days. (La. 23; Mont. V 25; Xev. IV 29; 
 
 N.M. IV -5; Wash. II 12.) 
 
 Nol to exceed 60 days, but with concurrence of three-fifths of 
 
 members elected to each house may be extended not exceeding 
 
 30 days.) (Va. IV 46.) 
 
 Not to exceed 60 days unless by vote of two-thirds of members 
 
 elected to each house; limitation does not apply to sessions 
 
 when impeachments are pending. (Ark. V 17.) 
 
 Not to extend beyond 60 legislative days, exclusive of Sundays 
 
 and legal holidays; limitation not to apply to senate when 
 
 sitting as a court of impeachment. (Ky. 42.) 
 
 Nol to exceed 60 days except in cases of impeachment. (N.D. 
 
 II 56; S.D. Ill 6; Utah VI 16.) 
 Nol to exceed 61 days. (Ind. IV 29.) 
 Not to exceed 90 days. (Colo. V 6; Md. Ill 15.) 
 Not to exceed 90 legislative days. (Minn. IV 1.)
 
 I \dex Digest 943 
 
 LEGISLATURE (Cont'd) 
 Sessions [Cont'd) 
 Length (Cont'd) 
 
 To be dissolved on day next preceding date of next regular ses- 
 sion without proclamation or other act of governor. (Mass. 
 
 Amend. X.) 
 To dissolve and be dissolved seven days before date of beginning 
 of next regular session. (X.H. II 3.) 
 Minutes 
 
 When practicable, minutes of each session to be printed and 
 placed in hands of members on day following. (La. 30.) 
 Open to Public, See above, this title, Proceedings Public 
 Organization 
 
 Mode of organizing lower house at commencenu nt of each regu- 
 lar session to be prescribed by law. (Ohio II 7.) 
 May be regulated by law subject to limitations contained in con- 
 stitution. (R.I. IV 6.) 
 Organize, Failure to 
 
 In case of, within four days after quorum present, members 
 entitled to no compensation from end of said four days until 
 organization effected. (Ida. Ill 10.) 
 In case of, within five days after quorum present, members to 
 receive no compensation from end of said five days until 
 organization effected. (Ind. IV 11; Ore. IV 12.) 
 Place 
 
 General Rule 
 
 Seat of government. (Ark. V 5; Conn. Amend. XIV; 
 Fla. Ill 1; Ky. 36; La. 23; Md. D.R. 11; Mich. V 13; 
 Minn. IV 1; Mont. V 6; Xev. IV 1; X.M. IV 1; X.D. II 
 53; Okla. V 26; S.C. Ill 9; S.D. Ill 7; Tex. Ill 5S; Utah 
 VI 2; W.Va. VI IS; Wis. IV 11; Wyo. Ill 7.) 
 State capital. (Del. II 5; Ida. Ill 8;' Kan. II 25; Ore. 
 
 IV 10.) 
 State capital, unless different place appointed by law. (Ind. 
 
 [V 9.) 
 At capital. (Ala. IV 48; Ariz. IV 3.) 
 Exceptions 
 
 Ought not to be convened or held at other place than Bea1 
 
 of government but from evident necessity. (Md. D.R. 11.) 
 
 In case of insurrection, conilagration or epidemic disease, 
 
 may temporarily meet and sit elsewhere. (Del. II 5.) 
 In case of war, insurrection or pestilence, by permission 
 of governor may assemble elsewhere for time being. (Ky. 
 
 36.) 
 
 Governor may convene at another place when in his opinion 
 
 it cannot safely assemble at seat of government. (W.Va. 
 
 VI 21.) 
 In case of special emergency governor may convene to place 
 other than seat of government. (Conn. Amend. XIV.)
 
 J4t State Constitutions 
 
 LEGISLATURE [Cont'd) 
 Cont'd) 
 Place (Cont'd) 
 
 l.ji ■ jilions (Cont'd) 
 
 Governor may convoke at another place when, in his opin- 
 ion, public safety or welfare, or safety or health of 
 members require, but two-thirds of all members elected 
 to each house must concur. (Okla. VI 14.) 
 
 Governor may convene, or remove after convened, to another 
 place, or may designate another place for sitting of 
 houses or either of them, if for any cause it is impossible 
 or dangerous to meet or remain at capitol. (Ala. IV 48.) 
 
 In case of danger by prevalence of contagious disease or 
 other circumstance, governor may convene at place other 
 than seat of government. (Conn. Ill 2.) 
 
 If seat of government unsafe because of presence of enemy 
 or other cause, governor may direct session to be held 
 at some other convenient place, (Md. II 16.) 
 
 Governor may convene at some other place if seat of gov- 
 ernment dangerous from disease or common enemy. (Ind. 
 V 20; -Mich. VI 8; S.C. Ill 9; Wis. V 4.) 
 
 If since last adjournment place where next meeting to be 
 held becomes dangerous from enemy or contagious sick- 
 ness, governor may direct session to be held at some other 
 convenient place within state. (Me. V 13.) 
 
 In case of danger from epidemic or contagious disease in 
 regular place of meeting or to which legislature may have 
 adjourned, or for other urgent reason, governor may by 
 proclamation convene at any other place within state. 
 
 (R.I. VII 7.) 
 
 If infectious distemper prevails in place where legislature is 
 to convene or any other thing endangering health or lives 
 of members, governor may direct session to be held at 
 some other place most convenient within state. (Mass. 
 IM. II Ch. II Sec. I 5; N.H. II 42.) 
 
 May, in case of invasion or violent epidemics, be adjourned 
 to place other than seat of government, such removal 
 to continue only so long as necessity for same exists. 
 
 (Fla. XVI 10.) 
 
 Presiding Officer, See above, this title, " Officers " and " President 
 
 ". '/;/</ bdow, this title, Speaker of House. 
 Preventing Disturbance of Business 
 
 1-or the power to punish a person obstructing proceedings, See 
 
 above, this title, Contempts. 
 I ^li house may provide for own safety and undisturbed trans- 
 n.tinii of l.usiiu-s. (Ohio II 8; YV.Va. VI 26.) 
 Purpose 
 
 I 'lnlile for redress of public grievances and for making 
 
 suefi l&we at public good may require. (N.H. I 31.)
 
 Index Digest n-in 
 
 LEGISLATURE (Cont'd) 
 Sessions (Cont'd) 
 Purpose (Cont'd) 
 
 Ought frequently to assemble for redress of grievances, correct- 
 ing, strengthening and confirming laws, and for making new 
 laws, as common good may require. fMass. Pfc I 22.) 
 Ought to be frequently convened for redress of grievances, and 
 for amending, strengthening and preserving the laws, (Md. 
 
 D.R. 12.) 
 Ought frequently to assemble for redress of grievances and 
 making new laws, as common good may require. (S.C. I 3.) 
 Separate 
 
 Two houses to meet separately. (X.J. IV Sec. I 3.) 
 Time of Beginning 
 
 As may be prescribed by law. (Minn. IV 1; Tex. Ill 5; Wis. 
 
 IV 11.) 
 First Monday of January. (Ohio Ii 25.) 
 
 Twelve o'clock noon, on first Monday of January. (Mont. V 6.) 
 First Monday in January next ensuing election. (Tenn. II 8.) 
 Twelve o'clock noon, on first Monday after first day of January 
 
 next succeeding election. (Cal. IV 2.) 
 First Monday after the first day of January, unless different day 
 • appointed by law. (Ida. Ill 8.) 
 
 First Tuesday of January. (Del. II 4; R.I. Amend. XI 1.) 
 First Tuesday of January, twelve o'clock noon. (Pa. II 4.) 
 Twelve o'clock noon, on first Tuesday in January in year next 
 
 ensuing election of members. (Xebr. Ill 7.) 
 First Wednesday of January. ( Me. IV Pt. Ill 1 ; Mass. Amend. 
 
 X; Mich. V 13; X.H. II 3; X.Y. X 6.) 
 First Wednesday in January at twelve o'clock noon. (Colo. V 
 
 7.) 
 First Wednesday after the first day of January next after elec- 
 tion of members. (Mo. IV 20.) 
 First Tuesday after first Monday in January. (Ky. 36; Miss. 
 
 IV 3G.) 
 
 i First Tuesday after first Monday in January at twelve o'clock 
 
 noon, in year next following election of members. (X.D. II 
 
 53; S.D. Ill 7.) 
 
 First Tuesday after first Monday in January at twelve o'clock 
 
 noon, in year next succeeding the election, or upon such other 
 
 day as may be provided by law. (Okla. V 26.) 
 
 First Wednesday after the first Monday in January. (X.C. II 
 
 2; Vt. II 7.) 
 First Wednesday after first Monday in January, but may be 
 
 changed by legislature. (Wash. II 12.) 
 Wednesday following first Monday in January next succeeding 
 
 election. (Conn. Amend. XXVII 4.) 
 At twelve o'clock noon on Wednesday next after first Monday 
 in January in vear following election of members. (111. IV 
 
 9.)
 
 State Constitutions 
 
 LEGISLATURE {Cont'd) 
 i 'ont'd) 
 Time of Beginning {Cont'd) 
 
 Thursday next after first Monday of January, unless different 
 day appointed by law. (Ind. IV 9.) 
 
 ttd Monday of January next after election of members. 
 
 (Ariz. IV Pt. II 3.) 
 Second Monday in January next after election of members of 
 
 lower house. (Utah VI 2.) 
 Second Monday in January next ensuing election, unless gov- 
 ernor in meantime convene by proclamation. (Iowa III 2.) 
 Second Tuesday in January. (Kan. II 25; S.C. Ill 9.) 
 Twelve o'clock noon, on second Tuesday of January next after 
 
 election. (N.M. IV 5; Wyo. Ill 7.) 
 Second Tuesday in January succeeding election, but legislature 
 
 may alter. (N.J. IV Sec. I 3.) 
 Second Tuesday in January next succeeding election or such 
 
 other day as may be prescribed by law. (Ala. IV 48.) 
 Second Wednesday of January. (W.Va. VI 18.) 
 Third Monday in January next ensuing election, unless governor 
 
 in meantime convene by proclamation. (Nev. IV 2.) 
 First Tuesday after first Monday in April. (Fla. Ill 2.) 
 Second Monday in May at twelve o'clock noon. (La. 23.) 
 
 ■in! Wednesday in June next succeeding election of mem- 
 bers of lower house. (Va. IV 46.) 
 Second Monday of September, unless different day appointed 
 
 by law. (Ore. IV 10.) 
 Fourth Wednesday in October until changed by law. (Ga. Ill 
 
 Sec. IV 3.) 
 First Tuesday after the second Monday of November, until al- 
 tered by law. (Ark. V 5.) 
 Special Sessions 
 Convening of 
 
 Legislature may assemble at such other times as it may 
 
 judge necessary. (N.H. II 3.) 
 Legislature to meet in special session first Tuesday after 
 first Monday, Jan. 1894, and every four years thereafter, 
 unless sooner convened by governor. ( Miss. IV 36. ) 
 Governor may convene. (X.M. IV 6; Wis. IV 11.) 
 Governor may convene when necessary. (Vt. II 20.) 
 Governor may convene at time before that to which ad- 
 journed or prorogued, if welfare of state requires. (Mass. 
 Pt. 11 Ch. II Sec. I 5; N.H. II 49.) 
 Governor may convene by proclamation. (Fla. Ill 2.) 
 Governor may by proclamation convene at any time if in 
 
 bis opinion public welfare requires. (Ind. IV 9.) 
 Governor may convene on extraordinary occasions. (Ariz. 
 Y 1. Conn. Ill 2; Ga, V Sec. I 13; Kan. II 5; La. 75; 
 Me. Y l't. 1 13; Mich. VI 7; Minn. V 4; N.D. Ill 75; 
 R.I. VTI 7; S.C. IV 16; W.Va. VII 7; Wis. V 4; Wyo. 
 
 IV 4.)
 
 Index Digest hi; 
 
 LEGISLATURE (Cont'd) 
 Sessions (Cont'd) 
 
 Special Sessions (Cont'd) 
 Convening of (Cont'd) 
 
 Governor may convene on extraordinary occasions by proc- 
 lamation. (Iowa IV 11; Nev. V 9; Ore. V 12.) 
 Governor may convene on extraordinary occasions by proc- 
 lamation stating purpose of meeting. (Ala. V 122; \riz 
 IV Pt. II 3; Ark. VI 19; Cal. V 9; Fla. IV 8; 111. V 8j 
 Ky. 80; Miss. V 121; Mo. V 9; Nebr. V 8; Ohio III 8; 
 Tenn. Ill 9; Tex. IV 8; Wash. Ill 7.) 
 Governor, with advice of council, may convene on extraor- 
 dinary occasions by proclamation stating purpose of meet- 
 ing. (N.C. Ill 9.) 
 Governor to convene on application of two-thirds of mem- 
 bers of both houses or when in his opinion interests 
 
 of state require. (Va. V 73.) 
 Governor may convene by proclamation whenever in his 
 opinion public safety or welfare requires; to be his duty 
 to convene on application, in writing, of three-fifths of 
 members elected to each house. (W.Va. VI 19.) 
 Governor may convene legislature or senate alone on extraor- 
 dinary occasions. (Md. II 16; N.Y. IV 4; Okla. VI 
 
 7, V 27.) 
 Governor may convene legislature, or senate alone, when- 
 ever in his opinion public necessity requires. (N.J. V 6.) 
 Governor may convene legislature by proclamation on extraor- 
 dinary occasions or may by proclamation convene senate 
 on extraordinary occasions for transactions of executive 
 business. (Del. Ill 16; Pa. IV 12.) 
 Governor may convene on extraordinary occasions by p 
 lamation stating purpose; or he may convene senate alone 
 on extraordinary occasions for transaction of executive 
 business. (Colo. IV 9; Ida. IV 9; Mont. VII 11; Utah 
 
 VII 6, 7.i 
 
 Length 
 
 For limitation of per diem of members to certain number of 
 days of session, see above, this title. Members — Compen- 
 sation — Special Sessions. 
 Not to exceed 20 days. (Fla. Ill 22; Ida. Ill 23; Nev. 
 
 IV 29; Ore. IV 29.) 
 Not to exceed 30 days. (Ala. IV 76; Md. Ill 15; X.M. 
 
 IV 5: Tex. Ill 40; Utah VI 16.) 
 Not to continue longer than 30 days unless governor, deem- 
 ing public interest to require it, shall extend sitting l>y 
 proclamation in writing, to be sent to and entered upon 
 journals of each house, for specific number of days, and 
 then it may continue in session to expiration <>f that 
 
 time. (Miss. IV 36.)
 
 ' ('-..nstitttioxs 
 
 LEGISLATURE [Cont'd) 
 
 Special Sessions {Cont'd) 
 Length (Cont'd) 
 
 I o be limited by governor but not to exceed 30 days; 
 
 legislation after such time to be void. (La. 75.) 
 \,,t bo exceed 40 days. (Ind. IV 29.) 
 
 1'lacf 
 
 Governor may convene on extraordinary occasions at any 
 
 town or city in state. (R.I. VII 7.) 
 At seat of government or different place if that dangerous 
 from enemy or contagious disease. (Ark. VI 19; Ky. 80; 
 
 La, 75; Miss. V 121.) 
 Governor may convene at different place if seat of govern- 
 ment in possession of public enemy or in case of prev- 
 alence of disease. (Tex. IV 8.) 
 Governor may convene at seat of government or at differ- 
 ent place if, since last adjournment, that shall have be- 
 mine dangerous from enemy, insurrection or other lawless 
 outbreak, or from infectious or contagious disease. (Ala. 
 
 V 122.) 
 
 Scope 
 
 Governor to state to both houses when assembled the pur- 
 pose for which convened. (Iowa IV 11; Ore. V 12.) 
 No subject to be acted upon except such as governor may 
 
 recommend. (N.Y. IV 4; Okla. VI 7.) 
 Xn business to be transacted except that neceesary to accom- 
 plish special purposes for which convened. (Wis. IV 11.) 
 No business to be transacted other than that specified in 
 proclamation convening. (Colo. IV 9; 111. V 8; Xebr. V 
 8; N.M. IV 6; W.Va. VII 7.) 
 No subjects to be considered other than those mentioned 
 
 in proclamation convening. (Ky. SO.) 
 To enter on no legislative business except that for which 
 specifically called together. (Tenn. Ill 9.), 
 
 laws to be enacted except such as relate to subject men- 
 tioned in call. (Ariz. IV Pt. II 3.) 
 
 be no regislation on subjects other than those designated 
 in proclamation convening. (Ga. V Sec. I 13; Ky. 80; 
 
 Pa. Ill 25.) 
 
 to legislate limited to objects specially enumerated 
 
 in proclamation convening; legislation on other objects 
 
 to be void. (La. 75.) 
 To legislate on no subjects other than those specified in 
 proclamation, but may provide for expenses of session and 
 ber matters incidental thereto. (Cal. V 9; Ida. IV 9.) 
 To be no legislation upon subjects other than those desig- 
 nated by proclamation calling such session, except by vote 
 of two-thirds of each house. (Ala. IV 76.)
 
 I.XDEX DiGEST : I 4 i* 
 
 LEGISLATURE (Cont'd) 
 Sessions (Cont'd) 
 
 Special Sessions (Cont'd) 
 Scope (Cont'd) 
 
 To transact no legislative business other than that for which 
 convened, or such other business as governor may call to 
 its attention while in session, except by two-thirds vote of 
 each house. (Fla. IV 8.) 
 To be no legislation on subjects other than those designated 
 in proclamation convening, or presented by governor. 
 
 (Tex. Ill 40.) 
 
 To transact no legislative business except that for which 
 
 convened, or such other as governor may call to attention 
 
 while in session. (Nev. V 9.) 
 To act upon no subject other than that designated in proc- 
 lamation by which convened or recommended by special 
 message of governor after convening. (Mo. IV 55.) 
 No bill to be passed on subject other than expressly stated 
 in proclamation convening or submitted by special mes- 
 sage. (Mich. IV 22.) 
 No power to legislate on subjects other than those specified 
 in proclamation convening or which may be recommended 
 by governor, but may provide for expenses of session and 
 other matters incidental thereto. ( Mont. VII 1 1 ; Utah 
 
 VII 6.) 
 No business to be transacted except that named in proc- 
 lamation convening, or in subsequent public proclamation 
 or message issued by governor during session; but legisla- 
 lature may provide for expenses of session and other mat- 
 ters incidental thereto. (Ohio III 8.) 
 To have no power to consider or act upon subjects other 
 than those designated in proclamation by which convened, 
 except impeachment and examination into accounts of 
 state officers; but may act on such other matters as gov- 
 ernor may in writing submit while in session. (Miss. V 
 
 121.) 
 No other business to be transacted until that specified in 
 proclamation convening is disposed of, after which, by vote 
 of two-thirds of all members elected to both houses en- 
 tered upon journals, legislature may remain in session not 
 exceeding 15 days. (Ark. VI 19.) 
 No business to be considered " but appropriation and revenue 
 bills, except such other matters as may be acted upon at 
 extraordinary session, called by governor". (Mi*s. IV 
 
 36.) 
 SpExVkeb of Hovre 
 Compensation 
 In General 
 
 To receive s#me compensation and mileage as member. 
 
 (Mich. V 10.)
 
 - i a i e Constitutions 
 
 LEGISLATURE [Cont'd) 
 
 M'kaki b "i House [Cont'd) 
 Compensation ( Cont'd i 
 In General (Cont'd) 
 
 Five dollars a day during session for period not exceeding 
 60 days; no compensation for longer session; for special 
 session same compensation for period not exceeding 30 
 
 days. (Del. II 15.) 
 
 Presiding officer to receive $6 a day and mileage. (N.C. 
 
 II 28.) 
 
 Not to exceed $7 a day. (Ga. Ill Sec. IX 1.) 
 Ten dollars for each day's actual attendance and same mile- 
 age as member. (R.I. Amend. XI 1.) 
 Two dollars a day additional allowance, during time in 
 actual attendance as presiding officer. (Nev. IV 33; 
 
 W.Va. VI 33.) 
 Presiding officer to receive additional compensation at rate 
 
 of $3 per diem. (Md. Ill 15.) 
 Additional allowance equal to one-third allowance as mem- 
 ber. (N.J. IV Sec. IV 7.) 
 Presiding officer to receive additional compensation equal 
 to one-half per diem allowance as member. (Ida. Ill 23.) 
 Presiding officer to receive additional compensation equal to 
 two-thirds of per diem allowance as member. (Ore. IV 
 
 29.) 
 Two hundred fifty dollars. (N.J. II 14.) 
 When Acting as Governor 
 
 Same as that of governor. (Ala. V 129; Me. V Pt. I 14; 
 Miss. V 131.; Mo. V 17; N.J. V 12, 14.) 
 Duties 
 
 To be presiding officer. (Fla. Ill 6.) 
 Election 
 
 To be chosen by lower house. (Ky. 34; Me. IV Pt. I 7; Mass. 
 
 Pt. II Ch. I Sec. Ill 10; N.H. II 21; N.J. IV Sec. IV 3; Okla. 
 
 V 29; R.I. V 2; Tenn. II 11; Vt. II 14; Va. IV 47.) 
 
 By lower house from among its members. (Colo. V 10; Del. 
 
 117; Mont. V 9; N.M. IV 8; N.D. II 36; Pa. II 9; Wyo. Ill 
 
 10.) 
 TO be elected viva voce from lower house. (Ga. Ill Sec. VI 2.) 
 Lower house to elect presiding officer. (Minn. IV 5; N.C. II 18.) 
 By lower house when assembled. (Conn. Ill 7; Tex. Ill 9.) 
 By lower house at convening of each regular session. (Fla. 
 
 Ill 6.) 
 lower house at beginning of each regular session and when- 
 ever vacancy may occur. (Ark. V IS.) 
 By lower house at beginning of each regular session and at such 
 Other times as may be necessary. (Ala. IV 51; Okla. V 29.) 
 Succession to Office of Governor, See Governor. 
 Term of Office 
 
 Until successor elected and qualified. (Ala. IV 51.)
 
 I\i>i;x Digest 951 
 
 LEGISLATURE (Cont'd) 
 
 Speaker of House (Cont'd) 
 When Acting as Governor 
 
 Not to hold office in house. (Me. V Pt. I 14; N.II. II 48.) 
 Supplies fob, See Public Contracts — Special Contracts. 
 Vacancies 
 
 Appointment to Supply 
 
 No person to be appointed. (Ky. 152.) 
 
 Vacancies occurring prior to any general election to be filled by 
 appointment as prescribed by constitution or by general law; 
 such appointment to expire when person elected at next gen- 
 eral election qualifies. (W.Va. IV 7.) 
 Election to Supply 
 
 To to be filled by election. (Kan. II 9.) 
 To be filled by election, as directed by law. (Ohio II 11.) 
 To be filled by special election, as prescribed by law. (Ky. 152; 
 
 Wyo. Ill 4.) 
 To be filled by new election as provided by legislature. (R.I. 
 
 Amend. XI 6.) 
 Legislature may prescribe manner of filling vacancies in senate. 
 
 (Vt. II 37.) 
 To be filled by election at time designated by governor. (N.M. 
 
 IV 4.) 
 
 Governor to issue writ of election. (Ala. IV 46; Ark. V 6; Ga. 
 
 V Sec. I 13; Ind. V 19; La. 23; Mich. VI 6; Minn. IV 17; 
 
 Miss. IV 77; Mo. IV 14; Nev. IV 12; N.D. II 44; Okla. V 20; 
 
 Ore. V 17; S.D. Ill 10; Tenn. II 15; Utah VI 13; Wash. II 
 
 15; Wis. IV 14.) 
 
 Governor, or person exercising function of governor, to issue 
 
 writs of election. (Cal. IV 12; Colo. V 2; 111. IV 2; Iowa 
 
 III 12; Mont. V 45.) 
 Governor to issue writs of election under regulations prescribed 
 
 by law. (N.C. II 13.) 
 Governor or person exercising power of governor to issue writs 
 of election; in case of his failure so to do within 20 days 
 after vacancy occurs, retiring officer of district in which va- 
 cancy may have happened may order election. (Tex. Ill 13.) 
 Presiding officer of house in which vacancy occurs to issue writ 
 
 of election. (Pa. II 2.) 
 Each house to direct writs of election; during recess, governor 
 may issue writs under such regulations as may be prescribed 
 by law. (N.J. IV Sec. IV 1 ; Va. IV 47.) 
 If vacancies occur from neglect to choose member on day of elec- 
 tion or from refusal of elected member to qualify and take 
 seat, or from any other cause, writ of election to '"• i-s U ed 
 by president of senate or speaker of house as case may be. 
 
 (S.C. ITT 25.) 
 If vacancy by reason of failure to elect, ineligibility or other- 
 wise, writ of election to be issued by presiding officer of h< 
 in which vacancy exists, or in case of necessity in such other
 
 State Constitutions 
 
 LEGISLATURE [Cont'd) 
 
 \ a. INI D B [Cont'd) 
 
 Election to Supply (Cont'd) 
 
 manner as provided by law; if legislature not in session, gov- 
 ernor may issue writ of election to be executed by officer of 
 
 either house. (Del. II 6.) 
 Warrant of election to be issued by speaker of house or presi- 
 dent of senate as case may be and at least 10 days' notice of 
 election to be given; if vacancy occur during recess and more 
 than 10 days before its termination, governor to issue warrant 
 of election. Unless session of legislature may interfere, elec- 
 tion for vacancy to be held on day of ensuing election for 
 members of legislature. (Md. Ill 13.) 
 Vacancies in senate to be filled by immediate election provided 
 for by proclamation of governor; vacancies in lower house 
 to be filled by new election. (Me. IV Pt. II 5; Pt. I 6.) 
 In senate, except from failure to elect, to be filled by new elec- 
 tion upon requisition of governor as soon as may be after va- 
 cancy happens; in lower house, to be filled from time to time 
 in same manner as biennial elections are made. (N.H. II 
 
 33, 15.) 
 Vacancies in senate to be filled by election by people of unrep- 
 resented district upon order of majority of senators elected. 
 
 (Mass. Amend. 24.) 
 
 Term of Office of Successor 
 
 Unexpired term. (Ala. IV 46; Del. II 6; Kan. II 9; La. 23; 
 Miss. IV 77; N.J. IV Sec. II 2; Ohio II 11; Pa. II 2; S.C. Ill 
 
 25; W.Va. IV 7; Wyo. Ill 4.) 
 Remainder of term and until successor elected and qualified. 
 
 (R.I. Amend. XI 6.) 
 
 Voting 
 
 For Other Members Prohibited 
 
 No member to vote for any other member for any office what- 
 ever, except as provided in constitution. (Tex. Ill 18.) 
 Not to be Questioned for 
 
 No member to be questioned in any other place for any vote cast 
 in either house. (N.M. IV 13.) 
 Upon Executive Nomination 
 
 Bv aves and noes, to be entered vipon journal. (Colo. IV 6; 
 
 Pa. IV 8.) 
 In Elections, See above, this title, Elections by. 
 In Dispensing with Printing of Bills, See Legislative Procedure 
 
 — Printing of Bills. 
 In Dispensing with Reading of Bills, See Legislative Procedure 
 
 — Reading of Bills. 
 Interest in Pending Bill as Disqualification, See above, this title, 
 
 Members- krest in Bill, Personal or Private. 
 On Adopting Report of Committee of Conference, See Legislative 
 Pbocedtjbe Reference to Committee.
 
 INDEX DlciHST 963 
 
 LEGISLATURE (Cont'd) 
 
 Voting (Cont'd) • 
 
 On Amendments to Bills, See Legislative Pbocedubb — Amendment 
 
 i»i Bills. 
 On Passage of Bills, See Legislative Pbocewjeb — Passage of 
 
 Kills. 
 On Passage of Bills over Veto, See Legislative Procedure — 
 
 Passage OVEB Veto. 
 Yeas and Nays on Any Question 
 
 To be entered on journal. (Minn. IV 5.) 
 
 To be entered on journal at desire of any members present. 
 
 I lla. Ill 12.) 
 To be entered on journal upon motion of any one member. ( Del. 
 
 II 10; X.II. II 23.) 
 To be entered on journal at desire of any two members. (Ariz. 
 IV Pt. II 10; Colo. V 13; Iowa III 10; Ky. 40; Mont. V 12; 
 Nebr. Ill 8; Ohio II 9; Pa. II 12; Wyo. HI 13.) 
 To be taken and entered on journal on motion of any two mem- 
 bers; whole list of members to be called and names of absen- 
 tees noted and published in journal. (Mo. IV 42.) 
 To be entered on journal at request of any two members together 
 with names of members demanding same; but on motion to 
 adjourn, one-tenth of members present necessary to order j 
 and nays. (lnd. IV 12; Ore. IV 13.) 
 To be entered on journal at desire of any three members pr< - 
 
 (Cal. IV 10; Ida. Ill 13; Nev. IV 14; Tex. Ill 12.) 
 To be entered on journal at request of any five members. (Ark. 
 
 V 12; Tenn. II 21; Utah VI 14.) 
 To be entered on journal at call of any five members in lower 
 
 house or one in senate. (Md. Ill 22.) 
 To be entered on journal in lower house when required by five 
 members and in senate by one member (except where v 
 taken by ballot), in which case every member of either house 
 to have right to insert reasons of vote upon minutes. iVt. 
 
 II 9.) 
 
 To be taken and entered on joiirnal in lower house at request of 
 
 five members and in senate at request of two members. (111. 
 
 IV 10.) 
 To be entered on journal at desire of 10 members of lower 
 
 house or five members of senate. (S.C. Ill 22.) 
 To be entered on journal at desire of one-fifteenth of those 
 
 present. [Okla. V 30.) 
 To be entered on journal if called for by one-tenth of those 
 
 present, (Ala. IV 55; Miss. IV 55; W.Va. VI 41.) 
 To be entered on journal on demand of one-sixth of members 
 present. (N.D. II 49; S.D. Ill 13; Wash. II 21 ; Wis. IV 20.) 
 To be entered on journal at desire of one-tifth of those present. 
 (Conn. Ill 9; Ga. Ill Sec. VII G; Me. IV Pt. \ 3; Mich. V 
 16; N.J. IV Sec. IV 4; N.M. IV 12: PLC. II 2fr; K.I. IV Bj 7a. 
 
 IV 49.) 
 To be entered on journal at request of one-fifth of members 
 
 elected. (La. 36.)
 
 State Constitutions 
 
 LEVEES 
 
 I r draino I Drainage. 
 
 Lbveb Dibtbw Cfl 
 
 er this subhead are ted provisions relating particularly to 
 
 districts; for districts in general, See Distbicts. 
 Bills Affecting 
 
 Changing boundaries or affecting taxation or revenue of, not to 
 be considered by legislature unless published in a newspaper 
 in county of domicile of board of district affected, for four 
 weeks prior to introduction in legislature, and reported on by 
 appropriate committee in tbe house and senate; no committee 
 to report on such bill unless publication has been made. 
 
 (Miss. II 234.) 
 
 Bonds 
 
 May be issued to refund outstanding bonds and to make more 
 salable bonds authorized but not sold; at not over 5 per cent, 
 interest, not to be sold under par, exchange not to be obliga- 
 tory on holders of outstanding bonds. (La. 239.) 
 
 Eminent Domain 
 
 Under this subhead arc digested only provisions relating to 
 eminent domain for hvee districts; for provisions relating to 
 eminent domain in general, See Eminent Domain. 
 Board granted full power to appropriate private property in 
 •district, for construction, maintenance and repair of levees 
 therein, damages to be assessed in special manner provided by 
 law, which legislature may alter or amend. (Miss. XI 233.) 
 Right of action in court of competent jurisdiction to owner of 
 property appropriated by Orleans levee board; detailed pro- 
 visions. (La. 312.) 
 i (1 may appropriate without compensation, when necessary 
 for levee purposes, wharves and buildings of riparian owners 
 or navigable rivers or lakes in towns of over 5,000 inhabitants. 
 
 (La. 290.) 
 Formation 
 
 ision in two districts made by legislature to remain, but 
 legislature may add to either district, any other alluvial land 
 
 in state. '(Miss. XI 228.) 
 Bjislature may divide state into. (La. 239.) 
 Legislature may create districts formed in part in this, part in 
 
 adjacent state. (La. 241.) 
 Land Outside Levee 
 
 Damages nol to be paid to any owner of land between the levee 
 and the Mississippi river, because of its being left outside the 
 : levee taxes not to be assessed thereon., (Miss. XI 238.) 
 Obligations Due Board 
 
 Obligation duo levee board not to be remitted, released or post- 
 er in any way diminished except by payment into proper 
 treasury; not to be exchanged or transferred except upon pay- 
 it- face value; but legislature may provide by law 
 f (,r ' promise of doubtful claims. (Miss. IV 100.)
 
 Index Digest 955 
 
 LEVEES {Cont'd) 
 
 Levee Districts (Cont'd) 
 Officers 
 
 Board of levee commissioners, for whose appointment or election, 
 legislature may provide, to supervise erection* i- pair and main- 
 tenance of levees in district, in manner provided by law. (La. 
 
 239.) 
 Board of levee commissioners, one or two qualified electors of 
 each county in district; in one district governor may appoint 
 stockholder of certain railroad as additional commissioner; 
 all to be appointed by governor, confirmed by senate, to super- 
 vise erection, repair and maintenance of levees in districts; to 
 report annually to governor showing condition of levees, 
 recommending legislation, showing receipts and expenditures, 
 and such other matters proper to be called to attention of 
 legislature; legislature to require board to publish at each 
 session itemized account of receipts and expenditures since 
 prior session, in newspaper of district. (Miss. XI 229, 230, 
 
 231, 233, 230.) 
 Railroads in 
 
 Board may permit steam railroads to construct, maintain and 
 operate tracks on levees, under their supervision and control, 
 other railroad companies to be admitted to use of tracks on 
 payment of pro rata of expense. (Detailed provisions.) (La. 
 
 239.) 
 Taxation 
 
 Board of levee commissioners may levy tax not over 1" mills on 
 all taxable property in alluvial parts of district subject to 
 overflow; when necessary, and with approval of majority of 
 property taxpayers affected voting at special election may levy 
 additional tax; taxing power of Xew Orleans commissioners 
 not affected by article. (Detailed provisions.) (La. 239.) 
 Legislature to impose, in addition to levee taxes heretofore 
 authorized, uniform annual tax of not less than 2 or more 
 than 5 cents an acre on land in district, to be taxed by 
 levee board (detail provision as to assessment and collec- 
 tion) ; legislature may repeal tax after January 1, 1895; 
 cotton tax may be discontinued by legislature, hut not so as to 
 affect outstanding bonds based thereon. (Miss. XI 236.) 
 Legislature may provide for levee district system of taxation 
 from time to time as seems to it wise and proper, hut no 
 property between levee and river to be taxed for levee pur- 
 poses. (Miss. XI 237. 238.) 
 
 Eminent Domain for 
 
 See Eminent Domain — Special Public Purpose 
 See Eminent Domain — Private Purpose. 
 
 For levee district boards, See above, this titlr, LEVEE Districts. 
 Grant to United States 
 
 Commissioners of levee districts may cede all their rights of way and 
 levees and maintenance, management and control, to United States. 
 
 (Miss. XI 232.)
 
 ,;.,; - ATE CoXStnTTfONS 
 
 LEVEES Cont'd) 
 
 ,m ,,, i NiTED States (Cont'd) 
 
 stitutional provisions as to levee districts cease to have effect 
 whenever the federal government shall assume permanent control 
 and provide ways and means for the maintenance of levees in this 
 He; authority gaaauted to make such surveys as necessary to 
 make effective act of Congress providing for improvement of Missis- 
 sippi river, and to construct and protect public works and improve- 
 ment ordered by Congress under that act. (La. 240.) 
 
 Tro VISION FOR 
 
 A levee system to be maintained in this state. (Miss. XI 227.) 
 A levee system to be maintained in this state, and tax not to exceed 
 1 mill may be levied annually on all property subject to tax and 
 applied exclusivelv to maintenance and repair of levees. (La. 
 
 238.) 
 Legislature to provide for a system of levees, drains and ditches 
 when deemed expedient; for payment of bonds or expense neces- 
 sarily incurred in establishment thereof by taxes on land affected 
 or benefited or on crops raised thereon; and for compulsory .Issu- 
 ance of bonds by owners or lessees of land benefited or affected. 
 
 (Okla. XVI 3.) 
 
 LIBEL AND SLANDER 
 
 Sfee also Freedom of Speech and Publication. 
 
 also Life, Liberty and Property. 
 Liability fob 
 
 ponsibility in general for abuse of liberty of speech and of pub- 
 lication, See Freedom of Speech and Publication. 
 Legislature may, by suitable penalties, provide for punishment of, and 
 for recovery in civil actions, by aggrieved party, of damages for, 
 libel or defamation of character. (W.Va. Ill 7.) 
 Injury to character to have certain remedy. (Ark. II 13-, Minn. I 8; 
 
 Mo. II 10; N.H. I 14; Wis. I 9.) 
 •'reputation" instead of "character". (Okla. II 6.) 
 ry person ought to have remedy in laws for injuries he may 
 ■ceive to character. (Mass. Pt. I 11; R.I. I 5; Vt. I 4.) 
 e; " reputation " instead of "character". (111. -II 19.) 
 
 '■putation to be redressed by due course of law. (Del. I 9; 
 11;.. D.R. 4; Ind. I 12; Kan. B.R. 18; Ky. 14; Me. I 19; Miss. Ill 
 24; Netrr. 1 13: N.P. I 35; Ohio I 16; Ore. I 10; Pa. I 11; S.D. 
 VI 20: Tenn. I 17; Tex. I 13; W.Va. Ill 17.) 
 Same; " rharaeter " instead of "reputation". (Conn. I 12.) 
 
 lrv to reputation to be redressed by due process of law. (Ala. I 
 
 13; N.D. I 22.) 
 adds "adequately". (La. 6.) 
 iry 1" reputation to be redressed by due process of law adminis- 
 tered without denial or unnecessary delay. (Utah I 11.) 
 
 reputation to be redressed without sale, denial or delay. 
 
 (Wyo. I 8.) 
 Injury to character to be redressed speedily. (Colo. II 6; Ida. I 18; 
 
 Mont. Ill 6.) 
 Same; " reputation " instead of "character". (Okla. II 6.)
 
 Jaj.kx Dk.i.m :i;,7 
 
 LIBEL AND SLANDER (Cont'd) 
 Place of Trial 
 
 Indictments or information for publication in newspapers to be tried 
 in county of publication office or in county where person alleged to 
 be libelled resided at time of publication, unless place of trial 
 changed for good cause. (Cal. I 9.) 
 Tbuth as Justification 
 
 In civil and criminal trials for libel, truth, unless published from 
 
 malicious motives, to be sufficient defense. (R.I. I 80.) 
 In all trials for libel, civil and criminal, truth, when published with 
 good motives and for justifiable ends, shall be sufficient defen&e. 
 (111. II 4; NebT. I 5; N.D. I 9; S.D. VI 5; Wyo. I 20.) 
 In criminal prosecutions and civil actions for libel, truth may he 
 given in evidence to jury, and if it appear to jury that matter 
 charged as libelous is true, and was published for good motives, 
 party to be acquitted or exonerated. ( Fla. D.H. 13.) 
 Same; adds " and for justifiable ends" after " motives ". (Xev. I 9; 
 
 W.Va. Ill 8.) 
 In all civil or criminal actions for libel, truth may be given in evi- 
 dence to jury, and if it appear that alleged libelous matter was 
 published for justifiable ends, accused shall be acquitted. (Kan. 
 
 B.R. 11.) 
 In all suits and prosecutions for libel truth may be given in evidence. 
 
 (Colo. II 10; Mo. II 14; Mont. Ill 10.) 
 In all proceedings or indictments for libel, truth may be given in 
 
 evidence. (La. 179.) 
 In prosecutions for libel, truth may be given in justification. (Ind. 
 
 I 10.) 
 Truth may be given in evidence in prosecutions for libel. (Ala. I 12.) 
 Same; adds "or indictments" after "prosecutions". (Conn. I 7; 
 
 Ga. I Sec. II 1; S.C. I 21.) 
 
 In criminal prosecutions for libel, truth may be given in evidence to 
 
 jury, and if it appears to jury that matter true and published with 
 
 good motives and for justifiable ends, party to be acquitted. (Ark. 
 
 II 6; Cal. I 9; Mich. II 18; Miss. Ill 13; N.M. II 17: Ohio 111; 
 
 Okla. II 22; Ltah I 15.) 
 Same; adds "or indictments" after "prosecutions". (Iowa I 7; 
 
 N.J. I 5; X.Y. I 8; Wis. I 3.) 
 Truth may be given in evidence in prosecution for publication of 
 papers, investigating official conduct of officers or nun in public 
 capacity, or where matter published is proper for public informa- 
 tion. (Ala. I 12; Ky. 9; Tex. I 3 
 In prosecution for publication, investigating proceedings of officers, 
 or where matter published is proper for public information, truth 
 may be given in evidence. (Del. I 5.) 
 In prosecutions for any publication respecting official conduct of men 
 in public capacity, or qualifications of those who are candidates for 
 the suffrages of people, or where matter published is proper for 
 public information, the truth thereof may be given in evidence. 
 
 (Me. I 4.)
 
 958 State Constitutions 
 
 LIBEL AND SLANDER (Cont'd) 
 
 [ruth as Justification (Cont'd) 
 
 In prosecution for publication of papers investigating official conduct 
 of officers or men in public capacity, truth may be given in evidence. 
 
 (Tenn. I 19.) 
 
 No conviction to be had in prosecution for publication of papers 
 
 official conduct of public officers or other matter proper 
 
 for public information, where jury satisfied that publication was 
 
 not maliciously or negligently made. (Pa. I 7.) 
 
 Province of Jury 
 
 In all trials for libel, both civil and criminal, jury to have right to 
 determine fact and law under direction of court. (S.D. VI 5; 
 
 Wyo. I 20.) 
 
 In all suits and prosecutions for libel, jury, under direction of court, 
 
 to determine law and fact. (Colo. II 10; Mo. II 14; Mont. Ill 10.) 
 
 In prosecutions or indictments for libel, jury to be judges of law and 
 
 facts. (S.C. I 21.) 
 In all prosecutions for libel, jury to determine law and fact under 
 
 direction of court. (Miss. Ill 13.) 
 Same; adds "or indictments" after "prosecutions". (Conn. 1 7.) 
 Jury to have right to determine law and fact in criminal prosecu- 
 tions. (Cal. I 9; Ga. I Sec. II 1; N.J. I 5; N.Y. I 8; Utah I 15; 
 
 Wis. I 3.) 
 In criminal cases jury to be judges of law and facts, having been 
 
 charged by judge as to law. (La. 179.) 
 In all indictments or information for libel jury to have right to 
 determine law and facts under direction of court as in other cases. 
 
 (N.D. I 9.) 
 In all indictments for libel jury may determine facts and the law,' 
 
 as in other cases. (Del. I 5.) 
 In indictments for libel jury, after receiving direction of court, may 
 
 determine, at their discretion, law and the fact. (Me. I 4.) 
 In indictments for libel, jury to have right to determine law and 
 fact under direction of court as in other cases. (Ky. 9; Pa. I 7; 
 
 Tex. I 8.) 
 ■: adds "criminal" before "cases". (Tenn. I 19.) 
 In indictments for libel, jury to have right to determine law and fact 
 under direction of court. (Ala. I 12.) 
 Verdict 
 
 In all civil and criminal trials for libel, jury to have power of giving 
 general verdict as in other cases. (N.D. I 9.) 
 New Trials 
 
 Power to grant in case of conviction preserved. (Ga. I Sec. II 1.) 
 
 LIBERTY, RIGHT TO, See Life, Liberty and Property. 
 
 LIBRARIES 
 
 <>f highest court of state, See Courts — Highest Courts. 
 Legislature to make necessary appropriations for care and maintenance 
 
 of state library. (La. 88.) 
 State library managed by board of directors, appointed by state board of 
 education, but law library managed by highest court. ( Va. IX 132.)
 
 Index Digest 959 
 
 LIBRARIES (Cont'd) 
 
 Legislature to pass law regulating mode and manner in which books and 
 
 state library kept and accounted for by librarian. (Md. VII 3.) 
 Legislature to create at every session joint standing committee of senate 
 
 and lower house to examine and report on purchases for the library 
 
 and all expenditures therein. (Md. Ill 24.) 
 State librarian appointed by governor with advice and consent of senate; 
 
 to hold office during term of governor by whom appointed, term to 
 
 begin from time of appointment and to continue until successor 
 
 appointed and qualified; salary $1,500; to perform duties prescribed by 
 
 law and no appropriation to be made to pay for any clerk or assistant; 
 
 legislature to pass law requiring him to give bond in such penalty as 
 
 legislature may prescribe. (Md. VII 3, XV 9.) 
 State librarian appointed by governor with advice and consenl of senate; 
 
 form of oath of office prescribed, affirmation allowed. (Minn. V 4, 8.) 
 State librarian to be elected by joint vote of both houses of legislature. 
 
 Term of office four years, duties and compensation prescribed by law. 
 
 Any women resident of state four years, 20 years old, eligible to office. 
 
 (Miss. IV 106, ! 
 Superintendent of public instruction to be ex-officio state librarian. 
 
 (Colo. IV 20.) 
 Woman, resident in state two years, 21 years old, eligible as state 
 
 librarian. (S.C. XVII 1.) 
 Women 21 years of age and upward and possessing qualifications of male 
 
 voter may vote at election for members of library boards or upon 
 
 measure relating to libraries, and are eligible to hold office pertaining 
 
 to management of libraries. (Minn. VII 8.) 
 Reporter of highest court to be librarian of law library of state. (Nebr. 
 
 VI 8.) 
 Legislature to provide by law for establishment of at least one library in 
 
 each township and city ; all fines in counties, cities and townships for 
 
 breach of penal laws exclusively applied to support of. such libraries. 
 
 (Mich. XI 14.) 
 LICENSES 
 
 Governor may grant such licenses as may be directed by law. (Vt. II 2 
 Any person may sell or peddle products of farm or garden occupied and 
 
 cultivated by him without obtaining license therefor. (Minn. I 18.) 
 
 LIENS 
 
 Mechanics' and artisans', See Labor — Liens. 
 
 For exception from exemptions in favor of certain liens, s. i EXEMPTIONS 
 
 from Forced Sau 
 Materialmen to have lien on property on which they have furnished 
 
 material for value of the material. (Cal. XX 15.) 
 Materialmen to have lien upon buildings and articles made or repaired, 
 
 for value of material. (Tex. XVI 37.) 
 Legislature to provide for giving to materialmen adequate lien on the 
 
 subject-matter of labor. (Ida. XIII 6.) 
 Legislature may secure for materialmen their just dues by direct lien 
 
 upon property for which they have furnished material ; no provision in 
 
 constitution to limit or impair this power. (Ohio II 33.)
 
 <,<;,(_> St v l k Constitutk >n s 
 
 LIENS • 
 
 tion, extension or impairing, not to be authorized by local, private or 
 
 rial IftW. (Ala. IV 104; Cal. IV 25; Ida. Ill 19; Ky. 59; Mo. IV 
 
 Mont. V 2G; N.M. IV 24; N.D. II 69; Okla. V 46; Pa. Ill 7; Tex. 
 
 Ill 56; Wyo. Ill 27.) 
 Enforcement or release not to be authorized by local or special law. 
 
 (Ky. 59.) 
 
 LIEUTENANT-GOVERNOR 
 
 ;■ this heading are digested those provisions ichich specifically refer 
 to this officer. For provisions relating to all officers and hence to 
 this one, See the title - Public Officers ". 
 
 Aiiulish.mknt <>K Ulil' E 
 
 Legislature may abolish. (Wash. Ill 25.) 
 Bom> 
 
 (Ji not less than double amount of money that may come into hands, 
 
 and not less than $50,000, sureties, and approval f thereof ", and 
 
 increase of penalties, as may be prescribed by law. (Nebr. V 25.) 
 
 a, Assistants 
 
 X.. salary for clerical service to exceed $1,800 for each clerk. (Cal. 
 
 V 19.) 
 
 QOMFBNS \Tlo.N 
 Amount 
 
 As to whether salary fixed may be changed by law, See below, 
 
 litis subdivision,, Increase or Decrease. 
 Fixed by law. (Ala. V 118; Colo. IV 19; Conn. IV 4; 111. V 23; 
 Kan. I 15; Mo. V 24; N.C. Ill 15; Ohio III 19; Okla. VI 
 
 34; R.I. VII 11; S.C. IV 13.) 
 lary fixed at $1,000. (N.D. Ill 84; Okla. Sched. 15; Wash. 
 
 Ill 16.) 
 try fixed at $1,500. (La. 69.) 
 iry fixed at $4,000. (Cal. V 19.) 
 Salary fixed at *5. 000. (N.Y. IV 8.) 
 
 Same compensation and mileage as members of legislature. 
 
 (Mich. V 10.) 
 d)lc compensation of state senator. (Minn. V 6; Nebr. V 24; 
 
 , S.D. XXI 2.) 
 Same as speaker of house. (Ala. V 118; Miss. V 130 1 .) 
 Same per diem as prescribed by law for speaker, to be allowed 
 
 only during session. (Ida. IV 19; Mont. VII 4.) 
 Acting as president of senate, same as speaker. (Ind. V 23; 
 Ky. 86; Mo. V 18; N.C. Ill 11; Va. V 79.) 
 ting as president of senate, same as speaker; no other com- 
 pensation exeepl when acting as governor. (N.C. Ill 11.) 
 Acting ;is president of senate, same mileage and double the per 
 
 diem pay of senator and none other. (Iowa IV 15.) 
 Acting as presidenl of senate same compensation and mileage 
 
 Jenators "and no more''. (Tex. IV 17.) 
 Double the per diem allowance of senators for every day's at- 
 tendance as president of senate and same mileage as members 
 
 of legislature. (Wis. V 9.)
 
 Index Digest 96] 
 
 LIEUTENANT-GOVERNOR (Cont'd) 
 Compensation (Cont'd) 
 Amount (Cont'd) 
 
 As president of senate during time of actual attendance as pre 
 
 siding officer, additional allowance of $2 a day. (Nev. I\ 33.) 
 Ten dollars a day while acting as presiding officer of senate and 
 
 mileage at same rate as senator. (N.M. V 12.) 
 As president of senate, as member of board of pardons when 
 
 attending sessions of board, to receive same compensation pel 
 
 day as speaker of house. (Del. Ill 19.) 
 Acting as governor, same as governor. (Ala. V lis, L29; Colo. 
 
 IV 13; Ida. IV 12; 111. V 17; Ind. V 23; Iowa IV 15; Ky. 86; 
 
 La.-67; Mich. VI IS; Miss. V 131; Mo. V 16; Mont. VII II. 
 
 N.M. V 7; N.C. HI 12; Okla. VI 16; Pa. IV Li; \ a. V 78.) 
 Acting as governor, same as governor, and "'no more". (Tex. 
 
 IV 17.) 
 
 Increase or Decrease 
 
 In General 
 
 Allowed. (N.D. III 84; Okla. Sched. 15.) 
 Allowed after 10 years from date of admission as slate. 
 
 (N.M. V 12.) 
 Increase allowed, but total not to exceed s.'LuOl). (Wash. 
 
 Ill 16.) 
 Increase of salary prohibited. (S.D. XXI 2.) 
 May be decreased, but not increased. (Cal. V 19.) 
 During Term 
 
 Prohibited during official term. (Colo. IV 19; 111. \ 
 
 Mo. V 24; Mont. VII 4.) 
 Prohibited during period for which elected. (Ala. V 118; 
 Cal. V 19; Kan. I 15; N.C. Ill 15; N.D. Ill 84; Ohio 
 
 111 19; Okla. VI 34.) 
 Prohibited to extent that it affects salary during term. ( Id i. 
 
 IV 19, V 27.) 
 Compensation not to be varied so as to take effect until after 
 election after passage of law establishing such compensa 
 
 tion. (Conn. IV 4. ) 
 Not to be diminished during term for which (lee led. i K.l. 
 
 VII 11.) 
 Compensation Other Than Salary 
 
 Emolument or allowance other than salary, nol to receive. 
 
 (N.C. ill L5.) 
 Not to receive any pension or ealarj from anj other state or 
 
 government or power. (Mass. I't. II Ch. V! 2.1 
 Compensation to be in full for all services rendered in official 
 capacity or employment during term of office. (Cal. \ L9; 
 
 Ida. IV 19; Mont. VII LI 
 Compensation limited to salary. (111. V J.".: K\. 96; Mo. \ 
 24; Nebr. V 24; N.M. V 12; N.Y. IV s. V I; Okla. \ 1 34.) 
 Fees for performance of duties not to he received. (Ida. IV 
 
 19-. Mont. \ II A: N.M. V 12.) 
 
 31
 
 State Constitutions 
 
 LIEUTENANT-GOVERNOR (Cont'd) 
 H8A.TLOTH (Cont'd) 
 Compensation Other Than Salary (Cont'd) 
 
 Fees or perquisites for performance of duties not to be received. 
 (Cal. V 19; 111. V 23; Mo. V 24; Nebr. V 24; N.Y. IV 8, V 1; 
 Okla. VI 34; S.D. XXI 2.) 
 Costs not to be received. (111. V 23; Mo. V 24; Nebr. V 24; 
 
 Okla. VI 34, ) 
 [nteresl on public moneys in hands or under control, not to 
 
 be received to own use. (Nebr. V 24.) 
 Payment into treasury, See below, this title, Fees. 
 
 Expenses 
 
 No salary for clerical service to exceed $1,800 for each clerk. 
 
 (Cal. V 19.) 
 
 Legislature may provide for actual and necessary expenses while 
 
 traveling in state in performance of official duty. (Ida. IV 
 
 19.) 
 Payment 
 
 Monthly on own warrant. (La. 69.) 
 Dual Office Holding, See below, this title, Qualifications and Dis- 
 qualifications. 
 
 ELK! I [OH 
 
 I rider this subhead are digested those provisions which specifically 
 refer to this officer. For provisions relating to elections in general, 
 
 See the title Elections. 
 Electors 
 
 Qualified electors of state. (Ala. V 114; Colo. IV 3; Ida. IV 2; 
 Kan. I 1; Minn. V 1; Mont. VII 2; N.C. Ill 1; N.D. Ill 74; 
 Ohio III 1; R.I. VII 1; S.D. IV 3; Tex. IV 2; Wis. V 3.) 
 Same as for governor. (Cal. V 15; Del. Ill 19; Ky. 82; Mass. 
 Pt. II Ch. II Sec. II 1; Miss. V 128; Nev. V 17; Pa. IV 4; 
 S.C. IV 5; Tex. IV 16; Va. V 77.) 
 Same as for members of lower house. (La. 62.) 
 Male citizens 21 years and older (excepting paupers, persons 
 under guardianship, and persons temporarily or permanently 
 disqualified by law because of corrupt practices at elections), 
 who have resided in state one year, and in town or district 
 six months before election. (Mass. Amend. 3, 40.) 
 • hinge of residence within state not to disqualify elector in city 
 or town from which he removed until six months from 
 
 removal. (Mass. Amend. 30.) 
 Time and Places 
 
 i governor. (Cal. V 15; Del. Ill 19; Iowa IV 3; 
 Ky. 82; Mass. Pt. II Ch. II Sec. II 1; Miss. V 128; Nev. V 
 17: N.Y. IV 1; Pa. IV 4; S.C. IV 5; S.D. IV 1; Tex. IV 16; 
 
 Va. V 77.) 
 for members of legislature. (Ala. V 114; Ida. TV 2; 
 In. I. V 3; Kan. 1 1; Mont. VII 2; N.C. Ill 1 ; N.D. Ill 74; 
 S.D. IV 3; Tex. IV 2; Wis. V 3.)
 
 Index Digest 963 
 
 LIEUTENANT-GOVERNOR (Cont'd) 
 Election (Cont'd) 
 
 Time and Places (Con I'd) 
 
 Same as for members of lower house, i Da. 62; \.Y. IV 3.) 
 At general election. (Colo. IV 3.) 
 At general biennial election. (Mich. VI 1.) 
 Tuesday after first Monday in November. (Mass. Amend, W.i 
 Biennially on first Tuesday after first Monday of November. 
 
 (Vt. II 35.) 
 Tuesday after first Monday in November, ai places Eor rating 
 
 for members of legislature. (Ohio III 1.) 
 Tuesday after first Monday of November, L872, and everj four 
 
 years thereafter. (111. V 3.) 
 Tuesday after first .Monday in November, L876, and biennially 
 
 thereafter. (Xebr. VI.) 
 Tuesday after first Monday of November, 1886, and biennially 
 
 thereafter. (Conn. Amend. WVII 1.) 
 Tuesday after first Monday in November, 1895, and evei \ tour 
 
 years thereafter. (Ky. 95.) 
 
 At town, ward and district meetings on Tuesday after lirst 
 
 Monday in November, 1912, and biennially. (R.l. Amend. 
 
 XVI.) 
 Returns and Canvass 
 
 Contested Elections, See below, this subdivision, Contested Elec- 
 tions. 
 Election in Case of Tie Vote, See belotv, litis subdivision. Tik 
 
 Vote. 
 Canvassing Board 
 
 Until otherwise provided by law, abstract of returns to be 
 sealed and transmitted to secretary of state who. with 
 lieutenant-governor and attorney-general, constitutes n 
 board of canvassers; to meet at state capitol on second 
 Tuesday of December after election to proclaim result. 
 
 (Kan. I 2.) 
 Result of election determined by board of state canvassers, 
 composed of secretary of state, treasurer, and commis- 
 sioner of state land office. If latter office abolished 
 another state officer designated by law as member of 
 
 board. (Mich. VI 20.) 
 
 Made to secretary of state, and canvassed by board composed 
 
 of secretary and two or more of judges of the highest 
 
 court and two disinterested judges of the district courts; 
 
 result declared within three days after canvass. (Minn. 
 
 V 2.) 
 Sealed and transmitted to seat of government, directed to 
 secretary of state: on third Monday of December after 
 election chief justice of highest court and associate jus- 
 tices or a majority to meet at office of secretary of state 
 and open and canvass returns and declare result and pub- 
 lish names. (Nev. V 4, 17.)
 
 mM State Constitutions 
 
 LIEUTENANT-GOVERNOR (Cont'd) 
 Election (Cont'd) 
 
 Returns and Canvass (Cont'd) 
 Lower House 
 
 Sealed and transmitted to seat of government, directed to 
 secretary of state and by him delivered to speaker of 
 house at next session of legislature within one day after 
 his election. Speaker on next Tuesday to open and pub- 
 lish in presence of lower house, which shall count the 
 vote of each county and district. If tie in votes of county 
 or district, electoral vote to be considered as equally 
 divided. Person found to have received majority of all 
 electoral votes and also a majority of popular votes, to be 
 
 elected. (Miss. V 128, 140.) 
 
 Joint Committee of Both Houses 
 
 Returns made by constable of each town to members of 
 lower house; at opening of legislature joint committee of 
 both houses appointed to canvass votes after being sworn. 
 Majority vote of people necessary to choice. (Vt. II 39.) 
 
 Both Houses 
 
 Sealed and transmitted to speaker, who opens and pub- 
 lishes in presence of both houses. (Ind. V 4; Iowa IV 3.) 
 
 Sealed and transmitted to president of senate, who opens 
 and publishes in presence of members of both houses. 
 
 (Pa. IV 2, 4.) 
 
 Sealed and transmitted to president of senate, or if vacancy 
 in his office or absence from state, to secretary of state 
 who keeps them until president of senate chosen to whom 
 they are immediately transmitted after election and who 
 opens and publishes in presence of members of both 
 houses. Duplicates of returns also immediately lodged 
 with clerk of court of each county. (Del. Ill 3, 19.) 
 
 Sealed and transmitted to speaker, who opens and publishes 
 in presence of majority of members of both houses. ( N.C. 
 
 Ill 3.) 
 
 Sealed and transmitted to secretary of state, who delivers 
 to speaker at first meeting of house, who opens and pub- 
 lishes in presence of a majority of members of both 
 
 houses. (Wash. Ill 4.) 
 
 Detailed provisions for sealing and transmitting to secretary 
 of state, who lays them before senate and lower house on 
 the first Wednesday of January. (Mass. Pt. II Ch. II 
 
 Sec, I 3, Sec. II 1, Amend. 10.) 
 
 Detailed provisions for transmitting to secretary of state. 
 Votes to be counted by treasurer, secretary of state and 
 comptroller in month of April and laid before general 
 assembly on first day of session. (Conn. IV 2, 3.) 
 
 Sealed and transmitted to secretary of state, who delivers 
 unopened to next legislature. Members of legislature meet
 
 Index Digest 9(55 
 
 LIEUTENANT-GOVERNOR (Cont'd) 
 Election (Cont'd) 
 
 Returns and Canvass (Cont'd) 
 Both Houses (Cont'd) 
 
 on first Thursdaj after assembling to cativa.se rotes. (La. 
 
 62. 1 
 
 Sealed and transmitted to speaker, who, during first week of 
 session, opens and publishes in presence of both housi - of 
 
 legislature. (Cal. V 1. I 
 
 Sealed and transmitted to speaker of house who, during 
 first week of session, opens and publishes in presence of 
 both houses in joint convention, but speaker's duty and 
 duty of joint convention to be purely ministerial. | Ua. 
 
 V 115.) 
 
 Until otherwise provided by law to be sealed and trans 
 mitted to secretary of state, who delivers to speaker, as 
 soon as chosen, who during first week of session opens 
 and publishes in presence of both houses. (Tex. IV 3.) 
 
 Sealed and transmitted to secretary of state, who delivers to 
 speaker of house on first day of session. Speaker within 
 week thereafter opens in presence of majority of each 
 
 house. ( Va. V 7". 77.) 
 
 Sealed and transmitted to president of senate, who. during 
 first week of session, opens and publishes in presence of 
 majority of members of each house. If no session in 
 January after election, returns made to secretary of state, 
 and opened and result declared by governor, in manner 
 prescribed by law. (Ohio III 3, 4.) 
 
 Sealed and transmitted to seat of government, directed to 
 secretary of state, who delivers to speaker at next session 
 of legislature; duplicates filed with clerks of courts of 
 counties, who forward certified copy on notification that 
 returns previously forwarded have not been received. 
 Secretary of state delivers returns to speaker at next 
 session of legislature, and during first week or as soon as 
 legislature organizes by election of presiding officers 
 speaker opens and publishes in presence of both houses. 
 
 (S.C. IV 4, 5.) 
 
 Sealed and transmitted to speaker, who. immediately after 
 organization of house and before proceeding to other 
 business, opens and publishes in presence of majority of 
 each house. (111. V 4; Mo. V 3; Nebr. V 4.1 
 
 Sealed and transmitted to speaker, who. immediately on 
 organization of house and before proceeding to other busi- 
 ness, opens and publishes in presence of majority of mem- 
 bers of both houses. (Colo. IV 3.) 
 
 As Prescribed &;/ Law 
 
 Returns made in manner prescribed by law. (Ida. IV J: 
 Mont. VII 2; N.D. Ill 74; S.D. IV 3j Wis. V 3.)
 
 State Constitutions 
 
 LIEUTENANT-GOVERNOR (Cont'd) 
 
 El» noH (( '""''''' I 
 Failure to Elect 
 
 Legislature, on organization, to meet in joint convention and 
 
 • i, by majority vote, person to fill office, who shall serve 
 
 for full term and until .successor elected and qualified. (R.I. 
 
 Amend. XI 3, 7.) 
 Failure to receive highest number of votes, See below, this sub- 
 division, Tie Vote. 
 
 Contested Elections 
 
 Procedure in case of tie vote, See below, this subdivision, Tie 
 
 Vote. 
 Determined as prescribed by law. (Ida. IV 2; Mont, VII 2.) 
 Legislature to prescribe by law manner in which all questions 
 
 concerning election shall be determined. (Conn. IV 2.) 
 Determined by legislature in manner prescribed by law. (Ala. 
 
 V 115; Ind. V 6; Iowa IV 5; Ky. 90; S.C. IV 4, 5; Wash. 
 
 III 4.) 
 Determined by both houses of legislature in joint session. (Tex. 
 
 IV 3.) 
 Determined by both houses of legislature by joint ballot in man- 
 ner prescribed by law. (Colo. IV 3; 111. V 4; Mo. V 25; Nebr. 
 
 V 4; N.C. Ill 3; Va. V 70, 77.) 
 
 Contests concerning vote of county or district to be decided by 
 majority of whole number of members of lower house by a 
 viva voce vote recorded in journal. (Miss. V 12S, 132, 140.) 
 
 Determined by committee selected from both houses of legislature 
 and formed and regulated in manner prescribed by law; chief 
 justice of highest court to preside, and to decide on admissi- 
 bility of evidence, and, on request of committee, to pronounce 
 opinion op questions of law. (Pa. IV 2, 4, 17.) 
 
 Determined by joint committee consisting of one-third of all 
 members elected to each house to be selected by ballot of the 
 bouses respectively. Every member of committee to take 
 oath "ii affirmation and committee to hold public sessions. 
 ( hiii' justice, or, if he is absent or disabled/ chancellor shall 
 preside at trial of (untested election, and decide questions 
 regarding admissibility of evidence, and on request of com- 
 mitter pronounce opinion on questions of law. (Del. Ill 4.) 
 Tie Vote 
 
 Determined by lot as legislature may direct. ( Ky. 70, 82.) 
 
 Lower bouse to elect two out of four persons who had highest 
 number of votes; senate to elect one of such persons. (Mass. 
 I't. II Ch. II Sec. 1 3, Sec. II 1, Amend. 14.) 
 
 Ii no person has majority of votes, legislature by joint vote 
 I" ''Icct one bf three candidates having highest number of 
 
 votes. (Vt. II 30.) 
 
 Legislature bj joint vote at next annual session, forthwith to 
 elecl one of persons in tie. (N.Y. IV 3; Wis. V 3.)
 
 Im>kx Digest 967 
 
 * 
 
 LIEUTENANT-GOVERNOR (Cont'd) 
 Election (Cont'd) 
 
 Tie Vote (Cont'd) 
 
 Legislature at next regular session to eled forthwith by joint 
 vote one of persons in tie. (Ida. IV 2; Mont. \ II 2; X.D. 
 
 Ill 71; S.I). IV 3.) 
 
 Legislature by joint vole to elect one of persons in tie. (Cal. V 
 
 4, 15; Colo. IV 3; 111. V 4; Kan. I 2; Mo. V 3; Nebr. V 4; 
 
 Nev. V 4, 17; N.C. Ill 3; Ohio III 3; Pa. IV 2, 4 ; Va. V 70, 
 
 77; Wash. Ill I. J 
 Legislature by joint vote to elect one of persons in tie; majority 
 
 vote necessary to choice. (R.I. Amend. XI 3, 7.) 
 Legislature by joint ballot to choose one of persons in tie and 
 if two or more are still in tie president of senate to have 
 
 casting vote. (Del. Ill 3, 19.) 
 Legislature by joint vote without delay to elect one of persona 
 in tie. (Ala. V 115; Ind. V 5; Iowa IV 4; La. 62; Tex. IV 3.) 
 Legislature on second day of session by joint vote to elect with- 
 out debate one of persons in tie. (Conn. Amend. XXX.) 
 Legislature, during same session, to elect one of persons in tie. 
 
 (S.C. IV 4, 5.) 
 If no person receives majority of electoral votes and also major- 
 ity of popular vote, lower house elects one of two persons hav- 
 ing highest number of popular votes. Election by viva voce 
 vote recorded in journal. (Miss. V 128, 141.) 
 Election to Fill Vacancy, See below, this title, Vacancy in Office. 
 Expenses, See above, this title, Compensation. 
 Fees 
 
 As to whether fees may be received, See above, this title, Compensa- 
 tion. 
 Fees and profits to be covered into treasury. (N.D. Ill 84.) 
 Fees payable by law to be paid in advance into treasury. (Colo. 
 
 IV 19; 111. V 23; Mo. V 24; Nebr. V 24.) 
 Fees payable by law to be collected in advance and deposit ed with 
 treasurer quarterly to credit of state. (Ida. IV 19; Mont. VII 4.) 
 Impeachment 
 
 See also Impeachment. 
 May be impeached. (Tex. XV 2.) 
 For misdemeanor in office. (Cal. IV 18.) 
 
 For wilful neglect of duty, corruption in office, incompetency, intem- 
 perance in use of liquors or narcotics, or offense involving moral 
 turpitude in office. (Ala. VIT 173.) 
 For malfeasance in office, corruption, neglect of duty or other high 
 
 crime or misdemeanor. (Va. IV 54.) 
 For high crimes or misdemeanors, and for misconduct, habits of 
 
 drunkenness, or oppression in office. (Mo. VII 1.) 
 For "high crimes and misdemeanors, for non-feasance or malfeasance 
 in office, for incompetency, for corruption, favoritism, extortion or 
 oppression in office, or for gross misconduct, or habitual drunken- 
 ness". (La. 217.)
 
 5 
 
 Si mi; CONSTITUTIONS 
 
 LIEUTENANT-GOVERNOR I' 
 
 1 m 11 m iimi m [Cont'd) 
 
 lf durin 3 f legislature majority of members elected to lower 
 
 ,„, ify in writing to secretary of state, desire to meet to 
 
 ,. impeachment of lieutenant-governor, secretary of state 
 shall notify speaker of house who within 10 days summons 
 mbers by publication in newspaper to assemble at capitol on 
 day fixed by speaker, nol less than 15 days after receipt of 
 notice. It lower house prefers articles, speaker to forthwith notify 
 seeretarj of state who summons members of senate to assemble at 
 capitol on day named, noi less than 10 days after receipt of notice 
 from speaker Senate to hear and try articles as preferred by 
 
 house. (Ala. VII 173.) 
 
 i a 01 < >F1 tCE 
 Form prescribed, affirmation allowed. (Minn. V 8.) 
 Administered by secretary of state or in his absence by attorney- 
 general. (R.I. IX 5.) 
 Administered by president of senate in presence of both houses. 
 
 (Mass. Pt. II Ch. VI 1.) 
 No other than oath of allegiance and of office prescribed in consti- 
 tution, to be required as qualification for office. (Mass. Amend. 7.) 
 
 Office and Public Records 
 
 Office to be kept at seat of government. (Mich. VI 1.) 
 Office and public records to be kept at seat of government. (Okla. 
 
 VI 1.) 
 
 Poweks and Duties 
 
 Succession to governorship, See Governor. 
 As presiding officer of senate, See LEGISLATURE. 
 As prescribed by law. (Mich. VI 1; N.Y. V 6; Wash. Ill 16.) 
 Aa prescribed by constitution and by law. (Ida. IV 1; Mont. VII 1; 
 
 Okla. VI 1.) 
 Member of governor's council, except when acting as governor. 
 
 (Mass. Pt. II Ch. II Sec. II 2.) 
 / officio lieutenant-general of all the forces of the state. (Vt. 
 
 II 20.) 
 Ql UNIFICATIONS AND DISQUALIFICATIONS 
 
 Same as for Governor. (Cal. V 15; Conn. IV 3; Del. Ill 10; Ky. 82; 
 Miss. V 128; Mo. V 15; Nov. V 17; N.Y. IV 7; Okla. VI 15; 
 S.C. IV :.: Tex. IV 16; Va. V 77.) 
 Age 
 
 Twenty-five years, shall have attained age of. (Minn. V 3.) 
 
 I liiny years to be eligible to office. (Colo. IV 4; 111. V 5; Ind. 
 
 V 7; La. 03: Mich. VI 13; Xebr. V 2; N.M. V 3; N.Y. IV 2; 
 
 N.C. Ill 2; X.D. Ill 73; Okla. VI 3; Pa. IV 5; S.D. IV 2.) 
 
 Unity years at time of election. (Ala. V 117; Ida. IV 3; Iowa 
 
 IV 6; Mont. VII 3.) 
 Citizenship 
 
 Iv / r nit( d Stairs 
 
 Musi be citizen. (Colo. IV 4; Ida. IV 3; Minn. V 3; Mont. 
 \ II 3; N.M. V 3; N.Y. IV 2; X.D. Ill 73; Okla. VI 3; 
 Pa. [V 5; S.D. IV 2; Wis. V 2.)
 
 Index Digest 969 
 
 LIEUTENANT-GOVERNOR (Cont'd) 
 
 Qualifications a.m> Disqi \i.nn \tio.\s {('out''/) 
 Citizenship (Confd) 
 
 I a. Unit< d states ( Cont'd 
 
 For two years preceding election. (Iowa IV 6; NTebr. V 2.) 
 For five years preceding election. (111. \ 
 For live years (preceding election?). (Ind. V 7: Mich. VI 
 
 L3; NT.C. Ill 2.) 
 For 10 years (preceding elect inn'.' ) . (Ala. V 117: La. •'>•':.) 
 //< Sin le 
 
 For two years preceding election. (Nebr. V 2.) 
 For five years preceding election. i 111. V 5.) 
 For seven years preceding election. (Ala. \ 117.) 
 Dual Office Holding 
 
 Ineligible to other office during period I'm- which elected. (111. 
 
 V 5; Ind. V 24; N.D. Ill 73; S.D. IV 2.) 
 Ineligible to office or appointmenl from legislature or either 
 house during term for which elected, votes for him for such 
 
 office to be void, i Mich. \ I 15.)' 
 Ineligible to any other public office during term of office, excepl 
 
 member of state board of education.. (Mont. VII 4.) 
 Ineligible to other state office during period for which elected. 
 
 (Nebr. V 2.) 
 
 Not to hold any other place or office under authority of -tale, oi 
 
 from any other state or government or power. I Mass. I't. II 
 
 Ch. VI 2.) 
 Ineligible to office of governor, justice of highest court, treas 
 urer, member of Legislature, surveyor-general or sheriff. (V;. 
 
 II 50.) 
 
 Member of Congress or person holding office under this -tali' or 
 
 United States not to fill office of lieutenant-governor. | Ind. 
 
 V ■ 
 
 Person holding office under United States at time of or within 
 six months immediately preceding election for governor, ineli- 
 gible to office of lieutenant-governor. (La. 63.) 
 
 No judge (except of court of sessions) and no person holding 
 office under authority of United States (postmaster excepted) 
 shall, at the same time, hold office of lieutenant-governor. 
 
 (Mass. Amend. B. I 
 
 Person holding office under authority of this state or of United 
 States not to exercise office of lieutenant-governor. (Iowa 
 
 IV 14.) 
 
 Electoral 
 
 Must be qualified elector to be eligible to office. (N.D. Ill 73; 
 
 ^.1). IV J-. Wis. Y 2.) 
 Must have been qualified elector for three years preceding elec- 
 tion. (Okla. VI 3.) 
 Prior Service in Office as Disqualification 
 
 Ineligible as own successor. (Ala. V 11(1: l'a. IV 4. 3.) 
 Ineligible for four years after term for which elected. (Ky. 82.)
 
 State Constitutions 
 
 LIEUTENANT-GOVERNOR (Cont'd) 
 
 in with \im.\> \m> Disqualifications (Cont'd) 
 
 Prior Service in Office as Disqualification [Cont'd) 
 
 Ineligible more than four years in period of eight years "unless 
 office cast on him as lieutenant-governor or president of 
 
 senate". (N.C. III 2.) 
 After serving two consecutive terms, ineligible to hold state 
 office for two years thereafter. (N.M. V 1 [1914].) 
 
 Residence 
 
 Same as for governor. (Mass. Pt. II Ch. II Sec. II 1.) 
 
 In stale for one year preceding election. (Minn. V 3.) 
 
 In state for two pears preceding election. (Colo. IV 4; Ida. 
 
 IV 3; towa IV <>; Mich. VI 3; Mont. VII 3; N.C. Ill 2; 
 
 S.D. IV 2.) 
 In state for four years preceding election. ( Vt. II 22.) 
 In state for five years preceding election. (Ind. V 7; N.M. V 3; 
 
 N.Y. IV 2; N.D. III 73.) 
 In state for seven years preceding election. (Ala. V 117.) 
 In state for seven years preceding election, unless absent on 
 
 business of United States or of state. (Pa. IV 5.) 
 In state for 1»> years preceding election. (La. 63.) 
 
 Sex 
 
 See also above, this subdivision, Electoral. 
 Must be male. (Okla. VI 3.) 
 
 Rotation in Office, See above, this title, Qualifications and Disquali- 
 i [i \tions — Prior Service in Office as Disqualification. 
 
 1 1 Bid op Office 
 Length 
 
 Same as for governor. (Cal. V 15; Del. Ill 19; Ky. 82; Miss. 
 
 V 128; TSTev. V 17; N.D. Ill 72; Pa. IV 4; S.C. IV 5; Tex. 
 
 IV 16; Va. V 77.) 
 One year. (Mass. Amend. 10.) 
 
 Two years. (Colo. IV 1; Conn. Amend. XXVII 2; Ida. IV 1; 
 [owa IV :;, 15; Kan. I 1; Mich. VI 1; Minn. V 3; Nebr. V 1; 
 N.M. V 1 [1914]; N.Y. IV 1; Ohio III 2, XVIJ 2; R.I. Amend. 
 
 XVI; S.D. IV 1; Wis. VI.) 
 Four years. (Ala. V 116; 111. V 1; Ind. V 2, 9; La. 62; Mo. V 
 
 ■2: Mont. VII 1; N.C. Ill 1; Okla. VI 4; Wash. Ill 3.) 
 To serve until successor qualified (regardless of length of term 
 specified). (Ala. V 116; Conn. Amend. XXVII 2; 111. V 1; 
 !'■":' IV :;. 15; Kan. I 1 ; Mass. Amend. 10; Minn. V 3; Mo. V 
 2: Mmit. VI] 1: Nebr. V 1; N.C. Ill 1; Ohio III 2; Pa. IV 
 17: R.I. Amend. XVI; Wash. Ill 3.) 
 To serve until successor qualified, or to adjournment of session 
 of legislature al which, by constitution and laws, successor is 
 
 to be chosen. (Vt. II 41.) 
 Ci erve until firs! Monday after successor qualified. (La. 64.) 
 Re-election to Same Office, See above, this title. Qualifications and 
 Disqi unifications -Prior Service i.\ Office as Disqualifica- 
 tion.
 
 Index Digest ft 71 
 
 LIEUTENANT-GOVERNOR (Cont'd) 
 Term of Office (Cont'd) 
 Time of Beginning 
 
 Same as for governor. (Cal. V 15; Del. Ill lit; Kv. 82; .Miss. 
 V 128; Nev. V 17; N.D. Ill 72; Pa. IV 4; S.C. IV 5; Tex. 
 
 IV 10; Va. V 77.) 
 When chosen and qualified. (Vt. II 41.) 
 January 1st after election. (N.M. V 1; N.C. III 1.) 
 First Monday in January after election. (Ida. IV 1; Mont. 
 
 VII 1.) 
 First Monday after announcement by legislature of result of 
 
 election. (La. 64.) 
 First Wednesday in January after election. (Mass. Amend. 10.) 
 Wednesday after first Monday in January after election. (Conn. 
 
 Amend. XXVII 2.) 
 First Thursday [after] first Tuesday in January after election. 
 
 (Nebr. VI.) 
 Second Monday in January after election. (111. V 1; Iowa IV 
 
 15; Kan. I 1; Mo. V 2; Ohio III 2; Okla. VI 4.) 
 Second Monday in January after election until otherwise pro- 
 vided by law. (Wash. Ill 4.) 
 Second Tuesday in January after election. (Colo. IV 1; R.I. 
 
 Amend. XVI.) 
 First Monday after second Tuesday in January after election. 
 
 (Ala. V 116.) 
 Vacancy in Office 
 
 Election of president pro tempore of senate, Sec Legislature. 
 If office of governor and lieutenant-governor are both vacant by 
 reason of death or otherwise, vacancy filled by legislature by 
 majority vote in joint convention; and acting governor, if legis- 
 lature not in session, to call special session within 20 days 
 after both offices are vacant unless regular session sooner to occur. 
 
 (R.I. Amend. XI, 4, 7.) 
 In case lieutenant-governor-elect dies, removes from state, refuses to 
 serve, becomes insane, or otherwise incapacitated, or if failure to 
 elect, legislature, upon its organization, to meet in joint conven- 
 tion and elect, by majority vote, person to fill the office. If elec- 
 tion by legislature is because of failure of candidate to receive 
 plurality of votes, election to be made from persons who receive 
 same and largest number of votes. Person elected serves for 
 remainder of term, or full term as case may be, and until suc- 
 cessor qualified. (R.I. Amend. \I 3, 7.) 
 When he acts as governor, unless during temporary disability of 
 governor, vacancy filled as directed by constitution. (Utah III 20.) 
 
 LIFE, LIBERTY AND PROPERTY 
 
 Right to 
 
 Protection of persons and property paramount duty of government 
 
 and shall be impartial and complete. (Ga. I Sec. I 2.) 
 All persons have right to protection of life, liberty and property. 
 (Mass. Pt. I 10; N.H. I 12; Vt. I 9>.)
 
 972 S I \ I K ( '.INSTITUTIONS 
 
 LIFE, LIBERTY AND PROPERTY (ConC<h 
 
 Right ro (( 'on 
 
 All men have inalienable right to life, liberty and pursuit of hap- 
 piness. (Ala. I 1; 111. II 1; Ind. I 1; Kan. B.K. 1; Nebr. I 1.) 
 "inherent" right. (Wis. I 1; Wyo. I 2.) 
 
 All men have inalienable right to defend lives and liberties, acquire, 
 possess and protect property. (Utah I 1.) 
 
 All men have inherent right to enjoy and defend life and liberty, 
 acquire and protect property, and to pursue happiness. (S.D. 
 
 VI 1.) 
 
 All nun have inalienable right to enjoy life and liberty, with means 
 of acquiring and possessing property, and pursuing and obtaining 
 happiness and safety. (Va. I 1; W.Va. Ill 1.) 
 
 All men have inalienable right to enjoy and defend life and liberty; 
 acquire, possess and protect property; pursue and obtain safety 
 and happiness. (Cal. I 1; Colo. II 3; Fla. D.R. 1; Ida. I 1; Iowa 
 I 1 ; Ky. 1 ; Me. I 1 ; Mass. Pt. I 1 ; Mont. Ill 3 ; Nev. I 1 ; N.H. 
 I 2; N.J. I 1; N.M. II 4; Ohio I 1; Vt. I 1.) 
 
 All men have inalienable right to enjoy and defend life and liberty; 
 acquire, possess and protect property and reputation, and pursue 
 
 happiness. (Ark. II 2; Pa. I 1.) 
 
 Same; adds at end "and safety". (N.D. I 1.) 
 
 All men have right of enjoying and defending life and liberty, of 
 acquiring and protecting reputation and property, and in general 
 of obtaining objects suitable to their condition. (Del. Preamble.) 
 
 All persons have natural right to life, liberty and enjoyment of gains 
 
 of their own industry. (Mo. II 4.) 
 
 All persons have right to life, liberty, pursuit of happiness, and 
 enjoyment of gains of their own industry. (Okla. II 2.) 
 
 All men have inalienable right to life, liberty, enjoyment of fruits 
 of their own labor, and pursuit of happiness. (N.C. I 1.) 
 
 Deprivation of 
 
 Right of action for, See Injuries and references there given; See 
 
 Administration of Justice. 
 
 For provisions confined to accused persons, See Crimes — Rights of 
 
 Accused. 
 
 Eminent domain, See Eminent Domain. 
 
 No person to be deprived of life, liberty or property without due 
 process of law. (Ariz. II 4; Ark. II 8; Cal. I 13; Colo. II 25 
 Fla. D.R. 12; Ga. I Sec. I 3; Ida. I 13; 111. II 2; Iowa I 9; La. 9 
 Mich. I 16; Minn. I 6; Miss. Ill 14; Mo. II 30; Mont. Ill 27 
 N'.br. I 3; Nev. I 8; N.M. II 18; N.Y. I 6; N.D. I 13; Okla. II 7 
 S.C. I 5; S.D. VI 2; Utah I 7; Wash. I 3; Wyo. I 6.) 
 
 N<> person to be deprived of his property without due process of law. 
 
 (Va. I 11.) 
 
 tfo person to be deprived of life, liberty or property without due 
 process of law and the judgment of his peers. (W.Va. Ill 10.) 
 
 \<» person fan be justly deprived of liberty except by the laws of the 
 land or the judgment of his peers. (Vt. I 10.) 
 
 No person to be deprived of life or liberty except by the law of the 
 land or judgment of his peers. (Va. I 8.)
 
 Index Digest 973 
 
 LIFE, LIBERTY AND PROPERTY (Cont'd) 
 Deprivation of (Cont'd) 
 
 No citizen of state to be deprived of life, liberty, property, privileges 
 or immunities except by due course of the law of the land. (Tex. 
 
 I 19.) 
 
 No member of state to be deprived of any right or privilege secured 
 
 to any citizen thereof unless by law of land or judgment of hie 
 
 peers. (Minn. I 2; N.Y. I I.) 
 No person ought to be taken, imprisoned or disseized of his free- 
 hold, liberties or privileges, or outlawed or exiled, or in any man 
 ner deprived of life, liberty or property, but by the law of the 
 
 land. (N.C. I 17.) 
 No man to be taken or imprisoned, or disseized of his freehold, lib- 
 erties or privileges, or outlawed, or exiled, or in any manner de- 
 prived of his life, liberty or property, but by the judgment of his 
 peers or the law of the land. (Tenn. I 8.) 
 No person to be taken, imprisoned or disseized of his estate, free- 
 hold, liberties or privileges; or outlawed, or in any manner de- 
 stroyed or deprived of his life, liberty or property, except by judg- 
 ment of his peers or the law of the land. (Ark. II 21.) 
 No man ought to be taken or imprisoned or disseized of his free- 
 hold, liberties or privileges, or outlawed, or exiled, or in any man- 
 ner destroyed, or deprived of his life, liberty or property, but by 
 the judgment of his peers, or by the law of the land.. (Md. D.R. 
 
 23.) 
 
 No subject to be arrested, imprisoned, despoiled or deprived of his 
 
 property, immunities or privileges, put out of the protection of 
 
 the law, exiled or deprived of his life, liberty or estate, but by 
 
 the judgment of his peers, or the law of the land. (Mass. Pt. I 12; 
 
 N.H. I 15.) 
 No citizen shall be deprived of any right, privilege or immunity or 
 exempted from any burden or duty on account of race, color or 
 previous condition. (Ark. II 3.) 
 No person shall be disturbed in his private affairs, or his home in- 
 vaded without authority of law. (Ariz. II 8; Wash. I 7.) 
 No person shall be denied equal protection of law. (N.M. II IS; 
 
 S.C. I 5.) 
 No man's particular service shall be demanded without just com- 
 pensation. (Ind. I 21; Tenn. I 21.) 
 LIMITATION OF ACTIONS, See Courts. 
 
 LIQUORS 
 
 Adulterated, Prohibited 
 
 Legislature to prohibit importation into state for sale of any 
 spurious, poisonous or drugged spirituous liquors, or spirituous 
 liquors adulterated with any poisonous or deleterious substance, 
 and to prohibit compounding or manufacture in state r\cept for 
 chemical or mechanical purposes, of any such liquors, and to pro- 
 hibit sale of such liquors for beverage; violation of such prohibi- 
 tions to be punished by fine or imprisonment. Legislature to pro- 
 vide for condemnation and destruction of all spurious, poisonous 
 or drugged liquors above prohibited. (Colo. XVIII 5.)
 
 .,; 1 Si vik ( \ institution; 
 
 LIQUORS [Confd) 
 
 -. \n bed Alcohol 
 Nothing in constitution to prevent manufacture or sale of denatured 
 
 alcohol under regulations prescribed by law. (Okla. XX 1.) 
 Prohibition provision not applicable to manufacture or sale of de- 
 natured alcohol. (Ariz. XXIII (1914).) 
 Manufacture and sale of for industrial purposes may be permitted 
 under regulations prescribed by law in spite of prohibition pro- 
 ion. (W.Va. VI 46 (1912).) 
 
 Drunkenness 
 
 Provision for education of inebriates to be made by legislature. 
 
 (N.C. XI 9.) 
 Legislature may establish asylum for cure of drunkenness and re- 
 form of inebriates. (Tex. XVI 42.) 
 Kt.eotion Day Sales, See Elections — Intoxicating Liquors. 
 
 Indian Restrictions 
 
 Sale, barter or giving intoxicating liquors to Indians and the intro- 
 duction of such liquors into Indian country prohibited. (Ariz. 
 
 XX 3; X.M. XXI 1.) 
 
 Whenever lands contained within Indian reservations or allotments 
 are allotted, sold, reserved or otherwise disposed of, they shall be 
 subject for 25 years thereafter to laws of United States, prohibit- 
 ing introduction of liquor into Indian country. (Ariz. XX 11; 
 
 N.M. XXI 8.) 
 
 Manufacture, sale, barter, giving away or otherwise furnishing, ex- 
 cept as hereinafter provided, of intoxicating liquors, within parts 
 of state, known as Indian Territory, Osage Indian reservation and 
 within other lands which were Indian reservation on January 1, 
 1906, prohibited for 21 years from admission of state, and until 
 otherwise provided by constitutional amendment. Detailed pro- 
 vision for sale of alcohol for industrial and educational purposes 
 and of liquor for medicinal purposes, with penalties for illegal 
 sale. Provisions to be immediately enforcible on admission of 
 
 state. (Okla. 17.) 
 Local Option 
 
 Legislature may submit question to voters of each district, whether 
 manufacture and sale of intoxicating liquors be licensed or pro- 
 hibited in district. Must submit on request of majority of mem- 
 bers elected from a district; if majority against license, manu- 
 facture and sale prohibited in district, " except for medicinal or 
 sacramental purposes"; legislature to pass necessary legislation. 
 
 (Del. XIII.) 
 Roard of county commissioners of each county, not oftener than once 
 in two years, on application of one-fourth of registered voters of 
 county, to call election to determine whether sale of intoxicating 
 liquors shall be prohibited. Election to be determined by majority 
 of votes of those voting at election which shall be conducted in 
 manner prescribed by law for general elections; and intoxicating 
 liquors not to be sold in any election district in which majority 
 vn( cast against the same at such election. Elections to be
 
 Index Digest '.•(.*, 
 
 LIQUORS (Cont'd) 
 
 Local Option (Cont'd) 
 
 held within 00 days from time of presenting application; but if it 
 would thereby take place within 60 days of state or national 
 election, to be held within 60 days after such state or national 
 election. Legislature to provide necessary laws for enforcement. 
 
 (Fla. XIX.) 
 
 Laws relating to sale, loan or gift of vinous, spirituous or malt 
 liquors exempted from provision that no law be enacted to take 
 effect on approval of any other authority than legislature. (Ky. 
 
 60.) 
 
 Local or special law not to provide means of taking sense of people 
 of city, town, district, precinct or county, whether they wish to 
 authorize, regulate or prohibit therein sale of vinous, spirituous 
 or malt liquors or alter liquor laws. Legislature to provide by 
 general law therefor. Elections for this purpose may be held on 
 day other than regular election day. ( Ky. 59, 61.) 
 
 Municipal corporations to be authorized by general laws to limit 
 number of saloons. Laws not to be passed authorizing more than 
 one saloon in each township or municipality of less than 500 
 population, or more than one saloon for each 500 population, in 
 other townships and municipalities. Traffic not to be licensed in 
 any subdivision in which prohibited under laws applying to 
 such subdivision. Nothing herein to be construed to repeal, 
 modify or suspend any such prohibitory laws, or regulatory laws, 
 " or to prevent future enactment, modification " or repeal of any 
 prohibitory or regulatory law. " Saloon " as used in this section 
 defined to be a place where intoxicating liquors are sold, or kept 
 for sale, as beverage in quantities less than one gallon. (Ohio 
 
 XV 9.) 
 
 No law to be passed or be in effect prohibiting the sale, furnishing 
 or giving away of intoxicating liquors operative in a subdivision 
 of the state upon the option of the electors thereof, or upon any 
 other contingency, which has force within a territory larger than 
 a municipal corporation or a township outside of municipal cor- 
 porations therein. All laws in contravention of the foregoing are 
 hereby repealed. (Ohio XV 9a.) 
 
 Legislature may not delegate to municipal corporations power to 
 issue licenses to manufacturers or- sell liquors. (S.C. VIII 11.) 
 
 Legislature at first session to enact a law by which qualified voters 
 of county, justice's precinct, town, city (or subdivision of county 
 designated by commissioner's court) may by majority vote deter- 
 mine whether the sale of intoxicating liquors shall be prohibited. 
 
 (Tex. XVI 20.) 
 
 Legislature may enact local option laws. (Va. IV 62.) 
 Liquor license in any incorporated city, town or village not to be 
 granted bv county court without consent of municipal authorities. 
 
 iVY.Ya. VIII 24.) 
 
 Prohibition 
 
 Traffic in Indian country or with Indians, Sec above, this titlr. 
 
 Indian Restrictions.
 
 State Constitutions 
 
 LIQUORS [Cont'd) 
 
 Prohibition [Cont'd) 
 
 Nothing in constitution to affect rights of legislature to enact local 
 laws prohibiting liquor traffic, after notice as provided in constitu- 
 tion. (Ala. IV 104.) 
 Intoxicating liquor not to be manufactured in or introduced into 
 state under any pretense. Every person who sells, exchanges, 
 ea, barters or disposes it to any person in state or who manu- 
 factures or introduces it into or attempts to introduce it into 
 ite to be guilty of misdemeanor and on conviction, imprisoned 
 not less than 10 days or more than two years and fined not less 
 than $25 and costs, nor more than $300 and costs for each offense. 
 
 (Ariz. XXIII (1914).) 
 
 Manufacture and sale of intoxicating liquors prohibited in state ex- 
 
 cept for medicinal, scientific and mechanical purposes. (Kan. 
 
 XV 10.) 
 Manufacture of intoxicating liquors, not including cider, and sale 
 and keeping for sale of intoxicating liquors, prohibited. Except 
 sale and keeping for sale of such liquors for medicinal and me- 
 chanical purposes and the arts, and sale and keeping for sale of 
 cider may be permitted under such regulations as legislature may 
 provide. Legislature to enact laws with suitable penalties for 
 suppression of manufacture, sale and keeping for sale of intoxi- 
 cating liquors, with exceptions herein specified. (Me. Amend. 26.) 
 Manufacture and importation for sale or gift and keeping, selling or 
 offering intoxicating liquors for sale or gift, barter or trade as 
 beverage prohibited. Legislature to enforce and provide suitable 
 penalties for violation. (N.D. XX 217.) 
 No law hereafter to be passed prohibiting the sale, furnishing or 
 giving away of intoxicating liquors throughout the state at large. 
 
 (Ohio XV 9a.) 
 After January 1, 1910. no intoxicating liquors to be manufactured 
 or sold in state except for medicinal purposes on prescription of 
 license] physician, or for scientific, sacramental or mechanical 
 purposes. This provision to be self-executing, and provision of 
 constitution and laws, and charters and ordinances of cities, towns 
 and municipalities in conflict therewith are repealed. (Ore. I 36 
 
 (1914).) 
 islature may prohibit manufacture, sale and retail of alcoholic 
 liquor- and beverages. (S.C. VIII 11.) 
 After July 1. 191 1. manufacture, sale and keeping for sale of malt, 
 vinous or spirituous liquors is prohibited except that manufacture, 
 sale and keeping for sale of such liquor for medicinal, pharmaceu- 
 tical, mechanical, sacramental and scientific purposes may be per- 
 mitted under regulations prescribed by law. Legislature to enact 
 
 laws witl i delay carrying into effect these provisions. (W.Va. 
 
 VI 46 (1912).) 
 ■■ i tOW OF Tkwi [( 
 Nothing in constitution to affect rights of legislature to enact local 
 la ■ lating liquor traffic, after notice as provided in constitu- 
 
 tion. (Ala. IV 104.)
 
 Indkx Digest !»77 
 
 LIQUORS (Cont'd) 
 
 Regulation of Traffic (Cont'd) 
 
 Regulation of sale of alcoholic or spirituous liquors declared a police 
 regulation and legislature may enact laws regulating sale, and use. 
 
 I La. 181.) 
 License to traffic in intoxicating liquors to be granted in state; 
 license laws operative throughout state to be passed with restric 
 tions and regulations. Details as to licensee and interest of others 
 
 in license. (Ohio X V 9. | 
 Legislature may license persons or corporations to manufacture, sell 
 and retail them in state under rules and restrict inn- prescribed 
 by law; or prohibit manufacture and sale and retail of them in 
 state and authorize state, county and municipal officers, under 
 authority and in name of state, to buy in any market and retail, 
 in state, liquors and beverages in such packages ami -quant it ies 
 and under such rules and regulations as it deems expedient; but 
 no license to be granted to sell alcoholic beverages in less quan- 
 tities than one-half pint, or between sundown and sunrise, or to 
 be drunk on premises. (Legislature may not delegate to munici- 
 pal corporations powers to issue license (VIII 11).) Net income 
 derived by state from sale or license (not including part allowed 
 by law to go to counties and municipal corporations of state) to 
 be applied annually in aid of school supplementary taxes, and. if 
 surplus, to be devoted to public school purposes and apportioned 
 as legislature may determine; but supplementary taxes only to be 
 levied when net income from sale or license not sufficient to meet 
 and equalize deficiencies for which supplementary taxes are pro- 
 vided (XI 12). (S.C. VIII 11. XI 12.) 
 Legislature may enact dispensary laws or laws controlling, regu- 
 lating, manufacture or sale of intoxicating liquors. (Va. IV 62.) 
 Sacramental Purposes 
 
 See also above, this title, Prohibition. 
 See also above, this title. Local Option. 
 
 Use of wine solely for sacramental purposes under church author itv 
 
 not to be prohibited. (KM. XX 13.) 
 LIVE STOCK, See Agriculture. 
 
 LOBBYING, See Legislature. 
 
 LOCAL LAWS, See Special or Local Laws. 
 
 LOCAL OPTION, See Liquors. 
 
 LOTTERIES 
 
 Prohibited. (Fla. Ill 23.) 
 
 Hereafter prohibited except those already authorized by legislature. 
 
 (R.I. IV 12.1 
 Not to be authorized; sale of lottery tickets not to be allowed. (Ind. 
 
 XV s.i 
 Not to be authorized by state and sale of lottery tickets not to be allowed. 
 
 (Ark. XIX 14; Iowa 111 28; Nev. IV 24.) 
 Lotteries and sale of lottery tickets prohibited. (Kan. XV 3; La. 178; 
 
 Ohio XV 6.)
 
 State Constitutions 
 
 LOTTERIES [Cont'd) 
 
 legislature to enforce by appropriate legislation. (Del. II 1/; 
 
 3, 11 4; X.Y. I 9; Ore. XV 4.) 
 I otterj mail not to be authorized by legislature. (Md. Ill 36.) 
 islature not to authorize. (Wash. II 24; Wis. IV 24.) 
 .Hature not to authorize lottery or sale of lottery tickets. (Mich. 
 
 V 33; Minn. IV 31.) 
 Legislature not to have power to authorize lotteries for any purpose and 
 laws to prohibit sale of lottery tickets in state. (Tenn. 
 
 XI 5.) 
 
 Legislature to have no power to authorize lotteries or gift enterprises 
 
 and shall pass laws to prohibit sale of lottery or gift enterprise tickets 
 
 in the state. (Cal. IV 26; Colo. XVIII 2; 111. IV 27; Mont. XIX 2; 
 
 N.D. Amend. I; W.Va. VI 36.) 
 Legislature not to authorize lottery or gift enterprise under any pre- 
 tense or for any purpose. (Ida. Ill 20.) 
 Same; adds " game of chance". (Nebr. Ill 21; S.D. III 25; Utah VI 28.) 
 No lottery to be authorized by legislature or otherwise in state, and no 
 ticket in lottery to be bought or sold within state. (N.J. IV Sec. 
 
 VII 2.) 
 
 No lottery to be allowed or to be advertised by newspapers or otherwise, 
 or tickets sold in state, and legislature to provide for enforcement of 
 this provision. Lottery heretofore authorized not to be permitted to be 
 drawn or its tickets sold. (Miss. IV 98.) 
 Not to be allowed, advertised, or tickets sold in state, and legislature to 
 provide at next session for enforcement of this provision. (S.C. 
 
 XVII 7.) 
 Not to be hereafter authorized by law, and buying, selling or transferring 
 
 of tickets or chances in 'any lottery prohibited. (Va. IV 60.) 
 Legislature to pass laws prohibiting establishment of lotteries and gift 
 enterprises in this state, as well as sale of tickets in lotteries, gift 
 enterprises or other evasions involving lottery principle, established or 
 existing in other states. (Tex. Ill 47.) 
 Lotteries and gift enterprises are forbidden, and no privileges shall be 
 1 for such purposes, and none shall be exercised, and no schemes 
 for similar purposes shall be allowed. Legislature to enforce this sec- 
 tion by proper penalties. All lotteries, privileges or charters hereto- 
 fore granted arc revoked. (Ky. 226.) 
 
 ire to have no power to authorize lotteries or gift enterprises for 
 any purpose, and shall pass laws to prohibit sale of lottery or gift 
 rprise tickets or tickets in scheme in nature of lottery in state; all 
 - or parts of acts heretofore passed by legislature authorizing lot- 
 tery or lotteries, and all acts amendatory or supplemental avoided. 
 
 (Ala. IV 65; Mo. XIV 10.) 
 LYNCHING 
 
 If prisoner taken from jail or from custody of sheriff or deputy and put 
 
 tu death, or Buffers grievous bodily harm owing to neglect, connivance, 
 
 rardice or other grave fault of sheriff, sheriff may be impeached. 
 
 (Ala. V 138.) 
 
 If prisoner taken from state, county or municipal officer through his 
 
 negligence, permission or connivance, by mob, and suffers bodily vio-
 
 Index Digest 979 
 
 LYNCHING (Cont'd) 
 
 ence or death, officer to be deemed guilty of misdemeanor and on in- 
 dictment to be deposed from office pending trial, and on conviction 
 shall forfeit office, and, unless pardoned by governor, be ineligible to 
 hold office of trust or profit in .state. Trial to be in Bucb county in 
 same circuit (other than one in which offense committed) as attornej 
 general may elect. Fees and mileage of witnesses to be paid l.\ state 
 treasurer in manner prescribed by law. If death ensues county u 
 lynching takes place shall be liable in exemplary damages of no! less 
 . than $2,000 to legal representatives, but may recover amount of judg- 
 ment from parties engaged in lynching. (S.C. VI 6.) 
 
 MAGISTRATES, See Courts. 
 
 MANUFACTURE 
 
 For provisions relating to industry, See Industry. 
 
 Labor, See Labor. 
 
 Monopolies or trusts in, See Monopolies and Trusts. 
 
 Taxation, See Taxation — ■ Exemptions — Manufacturing. 
 
 Secretary of internal affairs to discharge such duties relating to manu- 
 facturing interests of state as may be prescribed by law. (Pa. tV 19.) 
 
 Special, private and local laws regulating, prohibited. ( Ky. .">!i ; Mo. 
 IV 53; Pa. Ill 7; Tex. Ill 56; Va. IV 63.) 
 
 Legislature to pass such laws as will foster and aid agricultural, mining 
 and manufacturing interests of state and may create bureau to be 
 known as the mining, manufacturing and agricultural bureau. (Ark. 
 
 X 1. 
 
 Legislature shall provide by general law for incorporating such mechan- 
 ical companies or associations as deemed necessary. (Fla, 111 25.) 
 
 Legislature may not incorporate or amend or extend charter of manu- 
 facturing corporation by local or special law if not under control of 
 
 state. (>S.C. Ill 34.1 
 
 Manufacturing corporations may carry manufactures on their own rail- 
 roads or canals not exceeding 50 miles long. (Pa. XVII 5 
 
 MARRIAGE 
 
 Divorce, See Divorce. 
 
 Polygamy, See Polygamy. 
 
 Legislature never to pass laws authorizing or legalizing marriage be- 
 tween whites and negroes, or descendants of negroes. (Ala. [V ll 
 
 Of white person with negr ■ miilaii ■ person who has one-eighth or 
 
 more negro blood to be void. (Miss. XIV 263; S.C. Ml 33.) 
 
 Between white person and negro, or person or' negro desceni to third gen- 
 eration inclusive, prohibited. (N.C. XIV 8.) 
 
 Of white persons with negroes, mulattoes or persons of mixed blood, 
 descended from a negro to third generation, inclusive, or their living 
 together as man and wife in this state prohibited. (Legislature to en- 
 force this provision.) (Tenn. XI 14.) 
 
 Of wliite person and negro or person of negro descenl to fourth genera- 
 tion, inclusive, prohibited. (Fla. XVI 24.) 
 
 No contract of marriage, if otherwise duly made, to be invalidated for 
 want of conformity to requirements of any religious Beet. (Cal X X 7. i
 
 State Const hit ions 
 
 MARRIAGE [Cont'd) ' 
 
 Can** of marriage to be heard and tried by superior court until legisla- 
 ture makes other provisions by law. (N.H. II 75.) 
 Causes of marriage to be heard and determined by governor and council 
 until legislature provides otherwise. (Mass. Pt. II Ch. Ill 5.) 
 
 MARTIAL LAW 
 
 Subordination of military to civil power, See Military Power, SUBORDI- 
 NATION OF. 
 
 Governor may use and exercise over army and navy, and over militia in 
 actual service, martial law. in time of war or invasion, and also in 
 time of rebellion, declared by legislature to exist, as occasion shall 
 necessarily require. (Mass. Pt. II Ch. II Sec. I 7; N.H. II 50.) 
 Martial la\( in sense of unrestricted power of military officers, or others, 
 to dispose of persons, liberties or property of citizens, is inconsistent 
 with principles of free government and is not confided to any depart- 
 ment of the state government. (Telin. I 25.) 
 Shall he uscl and exercised only as occasion shall necessarily require. 
 
 (R.I. I 18.) 
 
 No person in state can he subjected to or punishable by martial law 
 
 except those employed in army, and militia in actual service. (Vt. 
 
 I 17.) 
 
 NO citizen of state punishable under martial or military law except those 
 
 employed in United States army, or militia in actual service. (Tenn. 
 
 I 25.) 
 
 No person ought to be subject to or punishable by martial law except 
 
 regular soldiers, marines and mariners in service of state, or militia 
 
 when in actual service. (Md. D.R. 32.) 
 
 No person can be subject to or punishable by martial law except those 
 
 employed in army and navy, and militia in actual service, but by 
 
 authority of legislature. (Mass. Pt. I 28; N.H. I 34; S.C. I 27.) 
 
 No citizen -hall be tried or punished by any military court for any 
 
 offense cognizable by civil courts of state, unless engaged in military 
 
 service of the state. (W.Va. Ill 12.) 
 No person -hall he subject to corporal punishment under military law 
 except those in army or navy, or in militia when in actual service 
 iihc o war or public danger. (Me. I 14.) 
 
 MASTERS IN CHANCERY, See ( Iourts — Chancery Courts. 
 
 MATERIAL MEN'S LIENS, See Liens. 
 
 MEASURES, Set Inspection. 
 
 MECHANICS* LIENS, See Labor. 
 
 MILITARY POWER, SUBORDINATION OF 
 
 To I"- subordinate to civil power. (Ala. I 27; Ark. II 27; Ariz. II 20; 
 Cal. I 12; Colo. II 22; Conn. 1 L8; Del. I 17; Fla. D.R. 21; Ga. I 
 I 19; Ida. 1 12; 111. II 15; hid. I 33; Iowa I 14; Kan. B.R. 4; 
 Ky. 22; l.a. II. 173; Me. I 17: Mich. II 6; Minn. I 14; Miss. Ill 9; 
 M " I' 27; Mont. Ill 22; Nebr. I 17; Nev. I 11; N.J. I 12; N.M. 
 H ''■ x 0. I 12; Ohio I \: Okla. II 14; Ore. I 27; Pa. I 22; R.I.
 
 Index Digest 981 
 
 MILITARY POWER, SUBORDINATION OF (Cont'd) 
 
 I 18; S.D. VI 16; Tenn. I 24; Tex. 1 24; Utah I 20; Wash. I 18; 
 W.Va. Ill 12; Wis. I 20; Wyp. I 25.) 
 To be held in subordination to civil power, and governed by it. (Mass. 
 
 Pt. I 17; S.C. I 2G.) 
 Ought to be under strict subordination to, and control of, civil power. 
 (Md. D.R. 30; N.H. I 26; NX. I 24; Vt. I 16; Va. I 13.) 
 
 MILITARY RECORDS, BANNERS AND RELICS 
 Sec also History. 
 
 Legislature to provide for safe-keeping of military records, banners and 
 
 relics of state. (Ala. XV 277; Colo. XVII 4; Ida. XIV 4; III. XII 5; 
 
 Ky. 223; Mo. X11I 7; Mont. XIV 4; S.J). XV 6.) 
 
 To be preserved, except when in lawful use. in adjutant-general's office. 
 
 MILITIA (Id..XIV4,S.D.XV6.) 
 
 Active Militia, See below, /his tith , < Ikcamzkd Militia. 
 
 ADJ UTANJ-GjEM EBAL 
 
 Appointed by governor. ( Ind. XII 2; Ky. 222; Me. Amend. 
 XXVIII; Mass. Pt. II Ch. II Sec. I 10; Mo. XIII 6; Ohio IX 3; 
 
 Ore. X 3; Tenn. VIII 2.) 
 
 Appointed by governor; chief officer of governor's stall', with rank 
 of major-general; duties and compensation prescribed by law; 
 present adjutant-general's term not affected. I I'la. IV 16.) 
 
 Appointed by governor with advice and consent of senate; holds 
 office until successor qualified or until he is removed by sentence 
 of court martial; perforins such duties and receives such com- 
 pensation or emoluments as prescribed by law; discharges duties 
 at seat of government unless absent under orders, on duty. (Md. 
 
 IX 2.) 
 
 Appointed by governor and appointment expires with governor's term 
 
 of office. (Miss. IX 219.) 
 
 "Adjutant- and inspector-general " to be elected by qualified voters 
 of state at same time and in same manner as other state officers, 
 for term of two years and until successor qualified; to rank as 
 brigadier-general and duties and compensation to lie prescribed by 
 law; compensation not to be increased or decreased during period 
 for which elected. (S.C. IV 24. XIII 4.) 
 
 Ineligible to office o: justice of highest court or of inferior courts, 
 county attorney, attorney-general, treasurer, district attorneys, 
 judge of probate, register of probate, register of deeds, sheriff or 
 deputy, clerk of judicial court, member of legislature. (Me. IX 2.) 
 
 Legislature to provide by law salary commensurate with duties of 
 
 office. <Miss. IX 219.) 
 
 Performs duties of quartermaster-general until otherwise directed by 
 
 law. (Me. VII :;. Amend. XXVIII.) 
 Admiral of Xavy 
 
 Governor to be commander-in-chief of navy and of military forces of 
 state, by sea and land, and to instruct and govern same, by himself 
 or officers, and entrusted with all powers incident to office of ad- 
 miral, to be exercised only according to constitution and laws of 
 land. (Mass. Pt. II Ch. II See. I 7 ; X.I I. II 50.)
 
 9g2 State Constitutions 
 
 MILITIA [Cont'd) 
 
 AIDES-DE-CAMP 
 
 „. or f a particular officer, See throughout this title. 
 
 ^RMG \ a « «*, SaEE-KEEPING OF 
 
 slature to provide for safe-keeping of public arms. (Colo. XVII 
 , : K.v. 223; Mo. Mil 7; Mont. XIV 4: Nebr. XII 1.) 
 adds - ammunition ". (Ala. XV 277.) 
 
 adds "protectiqn". (Ohio IX 5; Wash. X 4.) 
 
 Legislature may provide for safe-keeping of public arms. (Fla. 
 
 XIV 2.) 
 
 ARREST; PRIYILEGI PROM 
 
 During attendance on musters, and in going to and returning from 
 _,,,,,. exC ep1 for treason, felony or breach of peace. (Miss. IX 
 
 220. ) 
 
 ,. : adds "elections", (ill. XII 4; S.D. XV 5.) 
 Same; adds "elections of officers". (Ark. XI 3; Wash. X 5.) 
 Sami : adds " parades and elections". (X.D. XIII 193.) 
 Same; extends also to * volunteer forces" and adds "parades 
 
 and elections"; (Ala. XV 275; Mo. XIII 5.) 
 Militia and volunteer forces, except for treason, felony or breach 
 of peace, exempt from arrest by warrant or other process while 
 in active 9ervice or while attending muster or election of officers 
 or while going to or returning from either of same. (S.C. 
 
 XIII 2.) 
 
 Battalions 
 
 Commanding officers of battalions appoint their own staffs. (Me. 
 
 VII 3; Ohio IX 3.) 
 Same; adds "as may be provided by law". (Ala. XV 276.) 
 Same; except reads "staff officers". (Ky. 222; Ore. X IV.) 
 ( ommanding officers of " independent battalions" appoint their own 
 
 staffs. (N.J. VII Sec. I 10.) 
 Field officers of independent battalions elected by commissioned officers 
 
 of their battalions, i N'.J. VII Sec. I 3.) 
 Militia officers elected by persons subject to military duty within 
 bounds of their several battalions, etc., as legislature may pre- 
 scribe. (Tenn. VIII 1.) 
 Billeting, Sei Soldiers and Sailors. 
 Brig um - 
 
 Militia officers elected by persons subject to military duty within 
 bound.- .if their several brigades, etc., as legislature may pre- 
 scribe. (Tenn. VIII 1.) 
 Inspectors of brigades chosen by field officers of their brigades. 
 
 (N.J. VII Sec. I 7.) 
 
 BRIGADU B-G] xi. i; w.s 
 
 Appointed by governor with advice and consent of senate. (Mo. 
 
 XIII 6.) 
 
 One appointed and commissioned by governor, with consent of senate, 
 
 i"i each & ional district; to be a resident of district for 
 
 which appointed. (Miss. IX 218.)
 
 Index Digest 983 
 
 MILITIA (Cont'd) 
 
 Brigadier-Generals ( Cont'd ) 
 
 Four appointed by governor, to rank according to date of commie 
 
 aion. i Pla. X I \ 3.) 
 Elected by two houses of legislature, in joinl assembly (with pre- 
 siding officer of senate presiding and voting in case of tie) "as 
 often as there shall be occasion". (Vt. II 12, 13.) 
 Elected by persons subject to military duly in their respective dis- 
 tricts. (Ohio IX 2.) 
 Elected by field officers of their brigades. (N.J. VII Sec | 4.) 
 Same; adds "in manner to be prescribed by law". (Me. VII I. 2.) 
 Elected by held officers of their brigades; commissioned by governor 
 
 who- determines rank. (Mass. Pt. II Ch. II See. I 10.) 
 "Adjutant- and inspector-general" to rank as brigadier-general. 
 
 5.C. XIII l.i 
 
 Vacancies caused by aeglecl or refusal to elect may he tilled bj 
 
 governor, after due notification, according to law. (Me. VII I. l'. i 
 
 Same; by governor "with advice of council". (Mass. Pt. II ch. II 
 
 Sec. I in. i 
 Appoint their brigade-majors. (Mass. Pt. II Ch. II Sec. I 10 j Nil. 
 
 II 53.) 
 Appoint their own staffs. ( Ky. 222: Ohio IX 3.) 
 Same; except reads "staff officers". (Me. VII :» : X..I. VII Sec. I 
 
 Hi-. Ore. X 4.) 
 Same; adds "as may he provided by law". (Ala. XV 276.) 
 
 Calling Out 
 
 Governor may call out militia to execute law-, suppress insurrection 
 and repel invasion. (Ala. V 131; Cal. VIII 1: Ida. IV t: 111. V 
 14; Ind. V 12; Kan. VIII 4: Md. II 8; Mich. VI I; Minn. V 4: 
 Mo. V 7; Xebr. V 14; Nev. XII 2; X.I). Ill 75; Ohio IX :. : 
 Ore. V 9; S.D. IV 4; Utah VII 4; Wash. X 2; W.Va. VII 12; Wyo. 
 
 I\ I. 
 Same; except reads "embody" militia. (Va. V 73.) 
 Same; except reads "whole or any part" of militia. (Mont. 
 
 \ II ti.) 
 Same; adds to "suppress riots". (Miss. IX 217: X.C. XII 3.) 
 Same; adds "to preserve the public peace". (Fla. XIV l : \..\l. V 
 
 4; Wyo. XVII 5.) 
 Same; adds "to protect the public health". (Okla. VI 0.) 
 Same; adds "to protect the frontier from hostile incursion- h\ In 
 
 dians or other predatory bands ". (Tex. IV 7.) 
 Governor may call out volunteer and militia forces, either or both. 
 to execute laws, repel invasion, suppress insurrection and preserve 
 
 public peace. (S.C. XIII 3.) 
 Governor may. when legislature not in session, call out volunteers 
 or militia, or both, to execute laws, repel invasion, repress insur- 
 rection and preserve public peace, in such manner as authorized 
 
 1,\ law. i Ark. XI 4.) 
 Governor may call militia into active service for preservation of law 
 and order or when public service requires it. (La. 301.)
 
 State Constitutions 
 
 MILITIA [Cont'd) 
 
 I u 1.1M, in i | Cont'd) 
 
 Powers of governor to assemble inhabitants for offense and defense 
 
 declared generally. ( Mass. Pt. II Ch. II Sec. I 7; N.H. II 50.) 
 !.,„, KC ept in ease of rebellion or invasion and then only when 
 
 legislature shall declare by law that public safety requires it. 
 
 (Tenn. Ill 5.) 
 
 Governor need not command in person unless directed to do so by 
 
 legislature. (Ala. V 131.) 
 . \imm\-. Sei below, this title, Companies. 
 I oloni i s, Set below, this title, Regiments. 
 
 Cdmmandeb-in-< mil'. See below, this title, Governor as Commander-in- 
 Chief. 
 
 Commissioned Officers, See below, this title, Officers. 
 
 ; M rSS \i:l I rENERAL 
 
 Appointed bj governor. (Ind. XII 2.) 
 
 i bosen bj joint ballot of members of two houses, assembled in one 
 
 room. (N.H. II 66.) 
 
 When exigencies may require appointment of commissary-general, 
 
 legislature shall prescribe manner o/ his nomination, appointment 
 
 and commission. (Mass. Amend. IV.) 
 
 Ineligible to office of governor or to seat in senate, lower house or 
 
 council; appointment as commissary-general vacates same. (N.H. 
 
 II 94.) 
 
 Musi account once every three months, without requisition (and at 
 
 other times if required by governor) for all goods, stores and other 
 
 public property under his care, distinguishing quantity, number, 
 
 quality and kind. (Mass. Pt. II Ch. II Sec. I 12.) 
 
 Sane-; but mentions only "quantity and kind". (N.H. II 56.) 
 
 < OMPAN ii - 
 
 Company officers commissioned by governor. (Colo. XVII 3; Mass. 
 
 Pt. II Ch. II Sec. I 10; N.H. II 47.) 
 Captains and subalterns in regiments nominated and recommended 
 bj field offici rs to governor who is to issue commission immediately 
 "ii receipl of recommendation, hut not to be nominated and recom- 
 mended until found qualified by examining board appointed by 
 
 governor. (N.H. II 47.) 
 
 1 aptains and subalterns elected by written votes of trainband and 
 
 alarm list of their companies, all members under 2d years of age 
 
 also having right to vote. (Mass. Pt. II Ch. II Sec. I 10, Amend. 
 
 V.) 
 
 < aptains and Bubalterns elected by written votes of members of their 
 
 companies in manner to be prescribed by legislature. (Me. VII 
 
 1,2.) 
 Captains and Bubalterns elected by persons subject to military duty 
 
 in their respective districts. (Ohio IX 2.) 
 Captains and other company officers (subalterns) elected by members 
 
 "' their c panies. (Ala. XV 273; Colo. XVII 3; N.J. VII Sec. 
 
 12; Vt. II 55.)
 
 I.ndkx Digest h*;, 
 
 MILITIA (Cont'd) 
 
 Companies ( Con t'd ) 
 
 Company officers not elected by company within time prescribed by 
 law may be appointed by governor. (Ala. XV 273; Colo. XVII 3.) 
 Same; adds after notification according to law. (Me. VII I, 2.) 
 Same; adds after due notification according to law, by governor with 
 
 advice of council. (Mass. Pt. II Ch. II Sec. I 10.) 
 Same; but omits mention of prescribed time. I X.J. XII Sec. I 7.) 
 Same; or where governor has ordered an election. (Mo. XIII 3.) 
 Company non-commissioned officers and musicians appointed by cap- 
 tains. (Ohio IX 3.) 
 Company non-commissioned officers appointed by captains and sub- 
 alterns. (X.IT. II 53.) 
 Company non-commissioned officers appointed by company command- 
 ing officers, subject to approval of regimental or battalion com- 
 manders. ( Ky. 222.) 
 Company non-commissioned officers elected by members of their com- 
 panies, i X.J. VII Sec. I 2.) 
 Captains and subalterns. '* nominate and recommend " field officers 
 
 of their regiments. (Vt. II 55.) 
 Militia officers elected by persons subject to military duty within 
 bounds of their several companies, etc., as legislature may pre- 
 scribe. (Tenn. VIII 1.) 
 Legislature to empower board of supervisors of each county to aid 
 in supporting company or companies of national guard within 
 county, as may be prescribed by law. (Miss. IX 222.) 
 
 CONSTITX'TIOX OF MlIJTIA 
 
 Of organized militia, See below, this title. Organized Militia. 
 All white male citizens, residents of state, between 18 and 45, shall 
 
 be enrolled in militia and perform military duty as prescribed 
 
 by law not incompatible with United States constitution ami 
 
 laws. (Ohio IX 1.) 
 All able-bodied male inhabitants of state, between IS and 45, except 
 
 such as are exempted by law. (Utah XV 1.) 
 All able-bodied male citizens of state, between 18 and 45, shall be 
 
 liable to military duty in militia, as legislature may provide. 
 
 (Miss. IX 214.) 
 All able-bodied male citizens of state between 18 and 45 and those 
 
 between said ages who have declared intention to become citizens 
 
 of United States, residing therein, subject to exemptions now or 
 
 hereafter made by United States or state laws. (Ariz. XVI 1.) 
 All able-bodied male persons, resident of state, between 18 and 45. 
 
 shall be enrolled in militia and perform such military duty as 
 
 shall be required by law. i Ida. XIV 1.) 
 All able-bodied male inhabitants of state, between is and 45, who 
 
 are citizens of United States or have declared their intentions. 
 
 constitute militia. (Fla. XIV 1.) 
 Same; except substitutes "liable to military duty in the militia". 
 
 (Mo. XIII L.)
 
 - atk Coxsn ruTio?<> 
 
 MILITIA ' 
 
 i ion of Militia (Cont'd) 
 All able-bodied male citizens of .state, between 18 and 45, except 
 . as exempted by United States and state laws. (Iowa VI 1; 
 Mich. XV 1: Mont. XIV 1; N.M. XVIII 1; Ore. X 1; S.C. XIII 
 
 1; Wyo; XVII 1.) 
 Same; adds "residents of the state". (X.V. XI 1.) 
 
 i tcepl reads thai such persons are "liable to military duty". 
 
 (Wash. XL) 
 
 All able-bodied male persons, residents of state, between 18 and 45, 
 
 excepi such as exempted by United States or state laws. (Ark. 
 
 XI 1; Colo. XVII 1; 111. XII 1; Ky. 219; N.D. XIII 188; S.D. 
 
 XV 1.) 
 Same-, except reads "all able-bodied white male persons". (Ind. 
 
 XII 1.) 
 Same; excepl age limits. 21 to 45. (Kan. VIII 1.) 
 All able-bodied male citizens of state, between 21 and 40, who are 
 citizens of United States, liable to do duty in militia; but legisla- 
 ture may make exemptions deemed necessary. (N.G. XII 1, 4.) 
 As to exemptions, See also below, this title, Exemption from Service. 
 All male citizens of state subject to performance of military duty 
 
 within such ages as may be prescribed by law. (Term. IV 1.) 
 Legislature may determine who shall constitute the militia. (Ala. 
 
 XV 271; Ga. X Sec. I 1 ; La. 298.) 
 Same; except "shall" determine or provide. (Nebr. XIII 1; Wis. 
 
 IV 29.) 
 Freemen of state to be armed, organized and disciplined for its 
 
 ense when and in manner directed by law. (Pa. XI 1.) 
 Inhabitants of state to be trained and armed for its defense under 
 such regulations) pursuant to United States Constitution, as Con- 
 ess and legislature may direct. (Vt. II 55.) 
 Militia divided into sedentary and active militia in manner pre- 
 scribed by law. (Ind. XII 5.) 
 Organized and divided into such land and naval, and active and 
 reserve forces, as the legislature may deem proper. (N.Y. XI 3.) 
 Legislature may provide fur enlistment into active force of persons 
 who make application not included within definition of militia. 
 
 poral Punishment ' 
 
 Permitted under military law only in army or navy, or in militia 
 when in actual service in time of war or public danger. (Me. 
 
 I 14.) 
 ra Mabtial, See below, this title, Officers — Removal. 
 Discipline, s,, below, this title. Organization, Equipment and 
 Divisions Discipline. 
 
 Each congressional district to constitute a militia division (polit- 
 ical). (Miss. IX 218.) 
 Ii;l officers elected bj persons subject to military duty within 
 their several divisions, o\<-., as legislature may prescribe. 
 
 (Tenn. VIII 1.)
 
 Indkx Digest 98? 
 
 MILITIA (Cont'd) 
 Elections 
 
 Service on election day, See Klections — Privii.h.i £ OF Electors. 
 Votes during war, See Elections — Dxjbing War. 
 Encouragement of Militia 
 
 Legislature to provide for encouragement of volunteer corps. (Fla. 
 
 XIV 2.) 
 Same; "effectual" encouragement. (New XII 1.) 
 Legislature to pass such laws to promote volunteer militia organiza- 
 tion as may afford them effectual encouragement. (Ida. XIV 2; 
 
 .\M. IX 1.) 
 Equipment, See below, this title, Organization, Equipment and 
 
 Discipline. 
 Examining Boards for Officers 
 
 Governor to appoint examining board to pass on qualifications of 
 captains and subalterns in regiments. (N.H. II 47.) 
 Exemption from Arrest, See above, this title, Arrest, Privilege 
 
 from. 
 Exemption from Service 
 
 See also above, this title, Constitution of Militia. 
 Money paid for exemption, as part of school fund, See Education - 
 
 Funds. 
 No male citizen of any religious creed or opinion exempt from mili- 
 tary duty except upon such conditions as may be prescribed by 
 
 law. (Fla. XIV 1.) 
 
 Quakers, Shakers, supreme court justices and ministers of gospel 
 
 may be exempted from military duty, but no other person between 
 
 18 and 45, except honorably discharged militia officers, shall be 
 
 so exempted unless he pay an equivalent fixed by law. ( Me. 
 
 VII 5.) 
 No citizen of state to be compelled to bear arms, provided he will 
 
 pay an equivalent, to be ascertained by law. (Tenn. I 28.) 
 Persons averse to bearing arms, from religious scruples, exempt from 
 
 military duty. (X.C. XII 1; S.C. XIII 1.) 
 Legislature to pass laws exempting citizens belon^'im: to sect or 
 denomination of religion, whose tenets known to oppose bearing 
 of arms, from attending private and general musters. (Tenn. 
 
 \ III 3.) 
 
 Citizens of any religious denomination having scruples of conscience 
 
 averse to bearing arms exempted upon such conditions as maj be 
 
 prescribed by law. (Kan. V1U 1; .Midi. XV 1.) 
 
 Same; except omits "of any religious denomination". (Wyo. 
 
 XVII 1.) 
 Legislature may exempt from military service persons having 
 
 conscientious scruples against bearing arms. ( IV. XI 1.) 
 Same; adds "but such persons shall pay equivalent for exemption"'. 
 
 (Ky. -220.)
 
 State Constitution 
 
 MILITIA ' r.i- 
 
 I'm KFTiOfl i bom si i:\ii e (Cont'd) 
 
 Persons having conscientious scruples against bearing arms not com- 
 ,...,,.,, to ,,„ m ilitia duty in time of peace, but shall pay an 
 ' una i,. m ,-„,. 8U ch exemption. .Colo. XVII 5; 111. XII 6; Wash. 
 
 X 6.) 
 
 S:(ll , .,, omits requirement of payment of equivalent. (S.D. 
 
 Sa] adds "in same manner as other citizens". (Iowa VI 1.) 
 
 Same as to exemption; but to pay into school fund of county of 
 
 sidenc luivalent in money; amount and manner to be pre- 
 
 ribed by legislature. ( Ida. XIV 1.) 
 Persons whose religious tenets or conscientious scruples forbid bear- 
 in g arms exempt in time of peace, but to pay an equivalent for 
 personal service. (N.D. XIII 188; Ore. X 2.) 
 Persons who conscientiously scruple to bear arms not to be com- 
 pelled t.. do so but to pay an equivalent for personal service. 
 
 (Tex. XVI 47.) 
 Same; except "religiously scrupulous", and equivalent to be pre- 
 scribed by law. (Mo. XIII 1.) 
 V, man conscientiously scrupulous Oi bearing arms can justly be 
 compelled thereto, if he will pay equivalent. (Vt, I 9.) 
 me; - qo person ". (N.H. I 13.) 
 Persons conscientiously opposed to bearing arms not compelled to do 
 militia duty but shall pay an equivalent for such exemption, the 
 amount to be prescribed by law. (Ind. XII 6.) 
 Legislature may exempt from military service those belonging to 
 religious societies whose tenets forbid bearing arms, but money 
 equivalent for service shall be exacted. (La. 300.) 
 I ill n I >l l CCEBS 
 
 Appointed ami commissioned by governor. (Colo. XVII 3.) 
 Nominated and appointed by governor and at least majority of 
 council; nomination must precede appointment by at least three 
 
 days. (N.H. II 45.) 
 If electors neglect or refuse to make elections of field officers, gov- 
 ernor maj till all vacancies thus caused. (N.J. Vll'Sec. I 7.) 
 Pines, [mpbisonment for. See Imprisonmext for Debt. 
 r i \(,s nmi r, n nkrs 
 
 Preservation of, See Military Records, Banners and Relics. 
 Military organiations provided for by constitution or laws, and re- 
 eeiving state support, while under arms, either for ceremony or 
 duty, to carry no device, banner or flag of any state or nation ex- 
 cept that of I nited States or this state. (Cal. VII 2.) 
 All military organizations under laws of state to carry no other 
 device, banner or flag than that of United States or state. (Ida. 
 
 XIV 5.) 
 Nfo militarv organization under laws of state to carry any banner or 
 flag representing any sect or society or flag of any nationality but 
 that of United States. (Wyo. XVII 4.)
 
 Index Digest 989 
 
 MILITIA (Cont'd) 
 
 General Declarations 
 
 A well regulated militia necessary to security of a free state. (La. 
 
 8; N.C. I 24; B.C. I 26.) 
 A well regulated militia essential to peace and security of the 
 
 state. (Ga. X Sec. 11.) 
 A well regulated militia, the proper, natural and sure defense of a 
 
 state. (X.ll. I 24.) 
 A well regulated militia the proper and natural defense of a free 
 
 government. (Md. D.R. 28.) 
 A well regulated militia sure and certain defense of a free people. 
 
 (Tenn. I 24.) 
 
 A well regulated militia, composed of body of people, trained to 
 
 arms, is the proper, natural and safe defense of a free state. (Va. 
 
 I 13.) 
 Every member of society has right to be protected in enjoyment of 
 life, liberty and property and therefore is bound to yield his per- 
 sonal service wben necessary or an equivalent thereto. (Mass. Pt. 
 
 I 10; N.H. I 12; Vt. I 9.) 
 General Officers 
 
 Appointed by governor, with advice and consent of senate, for term 
 
 of four years. (Ala. XV 276.) 
 Appointed and commissioned by governor. (Colo. XVII 3.) 
 Nominated and appointed by governor and at least majority of 
 council; nomination must precede appointment by at least three 
 
 days. (N.H. II 45.) 
 Appoint their own staffs, as may be provided by law. (Ala. XV 
 
 276.) 
 Brigadier-generals, See above, this title, Brigadier-Generals. 
 Major-generals, See above, this title, Major-Generals. 
 Governor as Commander-in-Chief 
 Absence from State 
 
 When out of state, with consent of legislature, in time of war, 
 at head of military force, to continue commander-in-chief of all 
 military forces of state. (Mont. XIV 5; Nev. V 18; N.V. IV 
 
 6; Wis. V 7.) 
 
 When out of state at head of a state military force to continue 
 
 commander-in-chief of all the military forces of state (Mich. 
 
 VI 6.) 
 
 Commanding in Person 
 
 Need not command militia and volunteer forces in person, when 
 called out, unless directed to do so by legislature. (Ala. 
 
 V 131.) 
 Need not command militia in person, when called out unless 
 
 directed to do so by resolution of legislature. (Mo. V 7.) 
 Not to command militia in person without consent of legisla- 
 ture. (Md. II 8.) 
 Not to command personally in field unless advised to do so by 
 resolution of legislature. (Ky. 75.)
 
 State Constitutions 
 
 MILITIA (Cont'd) 
 
 Governob is Commander-in-Chief {Cont'd) 
 
 Commanding in Person (Cont'd) 
 
 \,„ ,,, command in person in time of war or insurrection, un- 
 less bv advice and consent of senate, and no longer than they 
 
 approve. (Vt. II 20.) 
 
 Exception of Federal Service 
 
 ,. nu „. n() t to be commander-in-chief (by whatever title 
 known) Of state forces when same called into service of United 
 Sta te £ \ia. V L31; Ariz. V 3; Conn. IV 5; Del. Ill 8; 
 
 Fla iy I- 111 V 14; Kv. 75-. Miss. V 119, IX 217; Mo. V 
 7- Mont. VII 6; Nebr. V 14; Nev. V 5; N.M. V 4; N.C. Ill 8; 
 N.D. III 75; Ohio III 10; Okla. VI 6; R.I. VII 3; Tenn. 
 1115; Utah VII 4; Wash. Ill 8; W.Va. VII 12; Wyo. IV 4.) 
 pt reads '•actual" service of United States. (Ark. 
 VI 6; Colo. IV 5; Ida. IV 4; La. 73; Me. V Pt. I 7 ; Mont. 
 
 VII 6; S.C. IV 10; Tex. IV 7.) 
 Same; except reads "active" service of United States. (Pa. 
 
 IV 7.) 
 
 Rank 
 
 Legislature to lix rank of governor when he is acting in federal 
 
 service. (Ala. V 131.) 
 
 Title 
 
 Commander-in-chief of militia. (Kan. VIII 4; La. 73; Miss. IX 
 217; Mo. V 7: Mont. VII 6; N.C. XII 3; Okla. VI 6; S.C. 
 
 IV 10*. ) 
 
 Commander-in-chief of military forces of the state. (Ariz. V 
 
 3; Colo. IV 5; Fla. IV 4; Ida. IV 4; Nev. V 5; N.M. V 4; 
 
 N.C. Ill 8; N.D. 111 75; Tex. IV 7; Utah VII 7; W.Va. 
 
 VII 12; Wyo. IV 4.) 
 Same; adds "all" the military forces. (Wyo. XVII 4.) 
 ( ommander in-chief of National Guard of New Mexico. (N.M. 
 
 xviii i.) 
 
 Commander-in-chief of " military in the state ". ( Wash. Ill 8. ) 
 i ommander-in-chief of militia and volunteer forces of the state. 
 
 ('Ala. V 131.) 
 
 ( (iiiniiaiidei-iii-chief of militia, army and navy of the state. 
 
 I ! V .V. Del. Ill 8; Iowa IV 7; Ky. 75; Me. V Pt. I 7; 
 
 Tenn. Ill 5.) 
 
 i ommander in-chief of military and naval forces of the state. 
 
 I \ik. VI fi; 111. V 14; Ind. V 12; Md. II S; Mich. VI 4; Minn. 
 
 V I-. Nebr. V It. N.J. V 0; N.Y. IV 4; Ohio III 10; Ore. V 9; 
 
 S.D. IV 4; Wis. V 4.) 
 
 Ci aiider-in-chief of army and navy of state and of militia. 
 
 V Sec. I 11; Miss. V 119; Pa. TV 7.) 
 Commander in chief of army and navy and of all military forces 
 of state, by sea or land, and entrusted with all powers inci- 
 dent to offices of captain-general and commander-in-chief, 
 and admiral, to lie exercised only according to constitution 
 and laws of land, i Mas-. Pt. 11 Ch. II Sec. I 7; N.H. II 50.)
 
 Index Digest 991 
 
 MILITIA (Cont'd) 
 
 Governor as Commander-in-Chief (Condi \ 
 Title (Cont'd) 
 
 Commander-in-chief of the land and naval forces of Btate. (Va. 
 
 V 73.) 
 Captain-general and commander-in-chief of military and naval 
 
 forces of the state. (R.I. VII 3.) 
 Captain-general and commander-in-chief of the forces of the state. 
 
 (Vt. 11 20.) 
 Captain-general of the militia. (Conn. IV 5.) 
 Governor's Staff 
 
 Appointed by governor. (Ky. 222; Mo. XIII G; Ore. X .'! ; Tenn. 
 
 VIII 2.) 
 Same; when acting in federal service. (Ala. V 131.) 
 Appointed by governor as may be provided by law. (Ala. XV 276.) 
 Staff officers (including adjutant-general), to commander-in-chief, 
 appointed by governor; appointment expires with governor's tenn 
 
 of office. (Miss. IX 219.) 
 Governor's aides-de-camp and military secretary appointed by him, 
 to hold office during his pleasure, their commissions to expire 
 with term for which he was elected. (X.Y. XI 4.) 
 Chief officer of governor's staff is adjutant-general. (Fla. IV 16.) 
 Home for Disabled Militiamen 
 
 Legislature to provide home for members of militia disabled while 
 in line of duty who are bona fide citizens of state (and for cer- 
 tain other citizens). (Wash. X 3.) 
 Inspector-General 
 
 " Adjutant and inspector-general " to be elected by qualified voters 
 of state at same time and in same manner as other state officers, 
 for term of two years and until successor qualified; to rank as 
 brigadier-general and duties and compensation to be prescribed 
 by law; compensation not to be increased or decreased during 
 period for which elected. (S.C. IV 24. XIII 4.) 
 Laws 
 
 Legislature to pass such laws to promote volunteer militia organ- 
 ization as may afford them effectual encouragement. (Md. IX 1.) 
 Existing militia law to expire at end of next session of legislature 
 
 except as re-enacted subject to constitution. (Md. IX 3.) 
 Legislature may enact laws for government of militia, i N.t . XII 4.) 
 Change of existing mode of election and appointment of officers or 
 non-commissioned officers requires law passed bj two-thirds of 
 members present in each house. (Not applicable to chiefs of staff 
 departments, aides-de-camp, military secretary and major-generals.) 
 
 (X.Y. XI 5.) 
 
 Line Officers 
 
 Elected by persons subject to military duty in their respective dis- 
 tricts. (Ore. X 3.) 
 Governor commissions all officers of the line, " ranking as Buch ". 
 
 (Ohio IN i: Ore. N 5.)
 
 State Constitutions 
 
 MILITIA (Cont'd) 
 
 Main 11 NANCE, ( toST of 
 
 Legislature to make annual appropriation for efficient support and 
 maintenance of "Mississippi national guard", but no part of such 
 funds to lie used in payment of guard except when in actual serv- 
 ice. (Miss. IX 221.) 
 Legislature to make sufficient appropriations for maintenance of 
 
 militia. (N.Y. XI 3.) 
 Legislature to provide for maintenance of militia. (N. M. XVIII 2.) 
 Same; "organized militia" in place of "militia". (Ky. 220.) 
 Same; adds "by appropriations from the state treasury". (Mont. 
 
 XI 1, XIV 3.) 
 
 Major-Generals 
 
 See also above, this title, General Officers. 
 
 Appointed by governor with advice and consent of senate. (Mo. 
 
 Kill 6 ; N.J. VII Sec. I 5 ; N.Y. XI 4. ) 
 One appointed and commissioned by governor, with consent of sen- 
 ate, for the state, who shall be a citizen of state. (Miss. IX 218.) 
 Two appointed by governor, to rank according to date of commis- 
 sion. (Fla. XIV 3.) 
 Elected by senate and lower house, each having a negative on the 
 
 other. (Me. VII 3; Amend XXVIII.) 
 Same; adds "and commissioned by the governor". (Mass. Pt. II 
 
 Ch. II Sec. I 10.) 
 Elected by two houses of legislature, in joint assembly (with pre- 
 siding officer of senate presiding and voting in case of tie) "as 
 often as there shall be occasion ". ( Vt. II 42, 43. ) 
 Elected by persons subject to military duty in their respective dis- 
 tricts. (Ohio IX 2.) 
 Adjutant-general of the state to have rank of major-general. ( Fla. 
 
 IV 16.) 
 Appoint their staff officers. (Ky. 222; Me. VII 3, Amend. XXVIII; 
 
 Ore. X 4.) 
 Same; except "staff" for "staff officers". (Ala. XV 276; Ohio 
 
 IX 3.) 
 Same; except " aids " for " staff officers ". (Mass. Pt. II Ch. II Sec. I 
 
 10; N.H. II 53.) 
 Same; except reads "staff officers of their divisions". (N.J. VII 
 
 Sec. I 10.) 
 
 M \.IORS 
 
 s>> above, this title, Battalions. 
 above, this title, Field Officers. 
 Martial Law. See Martial Law. 
 
 MirLlTABi Records, Banners and Relics, See Military Records, Ban- 
 ners and Relics. 
 Mii i i sky Secretary to Governor 
 
 Appointed by governor to hold office during his pleasure and com- 
 mission to expire with term for which governor was elected. (N.Y. 
 
 XI 4.)
 
 FnDKX 1 )i.;i ST 993 
 
 MILITIA (Cont'd) 
 
 " MlLITIA WARRANT " 
 
 Legislature not to validate any pari of "militia warrant alleged to 
 be outstanding against the territory"; this no< to be construed 
 as authorizing suit against state. (X..M. IX 8.) 
 
 National G'tjard 
 
 See also below, this title, Organized Militia, and throughout this 
 
 title. 
 
 Legislature to empower hoard of supervisors of each countj to aid 
 
 in supporting company or companies of national guard in county, 
 
 as may lie prescribed by law. (Miss. IX 222.) 
 
 Legislature to make annual appropriation for efficient support and 
 
 maintenance of "Mississippi national guard ". (Miss. |\ 221.) 
 Shall consist of not less than 100 men for each senator and repre- 
 sentative in Congress. (Miss. IX 221.) 
 Organization, equipment and discipline shall conform as nearly as 
 practicable to regulations for government of armies of United 
 
 States. (Ariz. XVI 3.) 
 Organized militia to be designated as "The National Guard of Ari- 
 zona ". (Ariz. XVI 2.) 
 Governor is commander-in-chief of " national guard of New Mexico''. 
 
 i \.M. Will 1.) 
 Naval Militia 
 
 See also below, this title, Organized Militia, and throughout ttiis 
 
 title. 
 Legislature may provide for "a state and naval militia". (Ala. 
 
 XV 271.) 
 Militia may be organized into such land and naval forces as legis- 
 lature deems proper. (X X .V. XI 3.) 
 Volunteer organizations may he formed in such manner and under 
 such restrictions and with such privileges as may be provided by 
 
 law. (Ala. XV 274.) 
 
 Officers of the navy nominated and appointed by governor and at 
 
 least majority of council; nomination must precede appointment 
 
 by at least three days. (N.H. II 45.) 
 
 Governor to have full power by himself or through officers, to train. 
 
 instruct, exercise and govern the navy. (Mass. Pt. II Ch. II Sec. 
 
 I 7; N.H. II 50.) 
 ( Governor to be commander-in-chief of navy and of all military forces 
 of state, by sea and land, and entrusted with all powers incident 
 to office of admiral, to be exercised only according to constitution 
 and laws of land. (Mass. Pt. II Ch. IT Sec. I 7; N.H. II 50.) 
 
 Noncommissioned Officers 
 
 Of companies, See above, this title, Companies. 
 
 Chosen or appointed in manner legislature may deem most con- 
 ducive to improvement of militia hut law changing existing mode 
 of election and appointment requires two-thirds of members pres- 
 ent in each house. I X.V. XI 5.) 
 
 32
 
 State OoNsrinrc ions 
 
 MILITIA (( 
 I II I ll 
 
 provisi tting to all officers, and hence to military officers, 
 
 See Public Officers. 
 
 Arrest or Suspension 
 
 Governor may suspend or arrest any officer for disobedience of 
 
 ordei - or other offense. | Md. II 15.) 
 
 Commissions 
 
 \!1 officers commissioned by governor. (Cal. VIII 1; Ida. XIV 
 
 3; 111. XII 3; I nd. XII 3; Iowa VI 3; Me. VII 3; N.J. VII 
 
 S . I 6; X.l>. XI 11 192; S.D. XV 4; Wash. X 2; Wyo. 
 
 XVII 3.) 
 
 Same; "as commander-in-chief". (N.Y. XI 6.) 
 
 Manner of commission to be prescribed by law. (Kan. VIII 3; 
 
 Mich. XV 3.) 
 
 Oath of Office 
 
 Everj person "chosen or appointed" to military office to take 
 oath to bear true faith and allegiance to state, and to 
 support constitution thereof; affirmation allowed to Quakers. 
 Legislature may prescribe other forms. (Mass. Pt. II Ch. 
 
 I Sec. I 4, Amend. VI.) 
 Same; with addition of oath to faithfully and impartially dis- 
 charge duties according to best of abilities, agreeably to 
 rules and regulations of this constitution and state. Affirma- 
 tion allowed. (X.H. II 5, 83.) 
 To be bound by oath or affirmation to support this constitu- 
 tion and constitution of United States. (R.I. IX 4.) 
 All officers under authority of state to take oath or affirma- 
 tion to support constitution of United States and of state and 
 to demean themselves faithfully in office. (Mo. XIV 6.) 
 Before entering on duties of office to take oath to support con- 
 stitution of United .States and of state, and to faithfully dis- 
 charge duties of office; affirmation allowed. (Ark. XIX 20.) 
 Qualifications and Disqualifications 
 
 No person to be elected or appointed to any military office who 
 i- nol a citizen of United States and resident of state at 
 lea.-i one year preceding election or appointment. (111. VII 
 
 6; Mo. VIII 12.) 
 No person to be elected or nominated to any military office who 
 i- not a citizen of United States and who shall not have re- 
 sided in this state at least one year next before his election 
 
 or appointment. (Mont. IX 7.) 
 No person except qualified elector to be elected or appointed to 
 
 military office in state. (Colo. VII G; Wyo. VI 3.) 
 lligible to any state, executive or judicial office. (Ark. XIX 26.) 
 \" person holding a military commission, except militia officer, 
 
 to be eligible to legislature. (Ga. Ill Sec. IV 7.) 
 Military officers receiving pay from continent or state, except 
 militia officers occasionally called forth on an emergency, in-
 
 Index Digest 995 
 
 MILITIA (Cont'd) 
 
 Officers {Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 
 eligible to office of governor or 1<> scat in senate, lower house 
 or council; appointment to such military office vacates same. 
 
 (N.H. 11 94.) 
 Legislature to Have power to, and to enact necessary laws to 
 exclude from military office of honor, power, trust or profit, all 
 persons convicted Of bribery, perjury, larceny, or of infamous 
 crime; or who shall make or lie interested in any election 
 wager; or ri^ht. or send or accept challenge to fight duel, 
 or be second to either party, or be bearer of such challenge 
 or acceptance. Disability not to accrue until after trial and 
 conviction by due form of law. (Fla, VI 5.) 
 Rank 
 
 Determined by governor when not determined by law. (N..J. VII 
 
 Sec. I 6.) 
 Removal from Office 
 
 Only by senate on suggestion of governor, stating ground of 
 recommendation, or by decision of court martial, pursuant 
 to law, or at own request. (Miss. IX 216.) 
 Only by senate on recommendation of governor, stating grounds 
 of such recommendation, by sentence of court martial, 
 by findings of examining board organized pursuant to law, 
 or for absence without leave for six months or more. (N.Y. 
 
 XI 6.) 
 
 If " duly commissioned to command in militia ", only by address 
 
 of both houses to governor or by fair trial by court martial, 
 
 according to law. (N.H. II 52.) 
 If " commissioned to command " may be removed from office as 
 
 legislature may by law prescribe. (Mass. Amend. IV.) 
 By governor in pursuance of sentence of a court martial. (Md. 
 
 II 15.) 
 Same; adds " for cause ". (S.D. XV 4.) 
 
 Only by sentence of court martial, pursuant to law. (X.J. 
 
 VII Sec. 16; N.D. XIII 192.) 
 Reports 
 
 Governor may require information from any military officer 
 upon any subject relating to duties of his office. (Me. V Pt. 
 
 I 10.) 
 Same; adds "in writing" after "information". (Ore. V 13.) 
 Selection, Manner of 
 
 Elected or appointed in such maimer as may be provided by 
 law. (Cal. VIII 1; Kan. VIII 3; Mich. XV 3; N.D. 191; 
 
 Wash. X 2.) 
 Same; militia "shall be officered", etc. (Ark. XI 1.) 
 Manner of selection to be provided by law. ( Ida. XIV 3 ; Wyo. 
 
 XVII 3.) 
 Appointed by governor, with consent of senate, or elected, as 
 legislature may determine. (Miss. IX 216.)
 
 996 State Constitutions 
 
 MILITIA (Conf<h 
 Officers [Cont'd) 
 
 Selection, Manner of {Cont'd) 
 
 When- not prescribed in constitution, chosen or appointed in 
 manner legislature may deem most conducive to improvement 
 
 of militia. (N.Y. XI 5.) 
 Where not provided for in constitution, elected by persons sub- 
 ject to military duty within their companies, battalions, regi- 
 ments, or other commands as prescribed by legislature and 
 for terms, not exceeding four years, to be fixed by legislature. 
 
 (Ky. 222.) 
 Appointed by governor where appointment not otherwise pro- 
 
 \ich'd for in constitution. (N.J. VII Sec. I 9.) 
 Appointed by governor with advice and consent of senate, when 
 appointment or election not otherwise provided for by con- 
 stitution, unless different mode of appointment is prescribed 
 
 by law creating office. (Md. II 10". ) 
 Appointed by governor (including adjutant-general). (Fla. 
 
 IV 16.) 
 Legislature by standing laws to direct time and manner of con- 
 vening electors, of collecting votes and of certifying elections 
 to governor. (Mass. Pt. II Ch. II Sec. I 10.) 
 Legislature to provide time and manner of electing militia 
 officers and of certifying elections to governor. (N.J. VII 
 
 Sec. I 6.) 
 Elected by persons liable to perform military duty; staff 
 
 officers excepted. (Iowa VI 3.) 
 Sleeted by persons subject to military duty within bounds of 
 their several companies, battalions, regiments, brigades and 
 clhiM.'Us, as provided f" 1 ' by legislature. (Tenn. VIII 1.) 
 Law changing existing mode of election and appointment requires 
 two-thirds vote of members present in each house. (Not ap- 
 plicable to chiefs of staff departments, aides-de-camp, mili- 
 tary secretary or major-generals.) (N.Y. XI 5.) 
 Vacancies may he filled in elective offices by governor by grant- 
 ing commissions to expire on filling of vacancy as constitution 
 
 provides. (Ky. 222.) 
 Term of Office 
 
 Such time a- legislature may provide. (Ida. XIV 3; 111. XII 
 
 3; S.D. XV 4; Wyo. XVII 3.) 
 Not longei than six years. (Ind. XII 3.) 
 
 Commissions may be granted by governor to fill an elective office, 
 , " expire on filling of vacancy as constitution provides. (Ky. 
 
 222.) 
 Organization, Equipment ami Discipline 
 
 conform as nearly as possible to regulations for government of 
 armies of United Stat,-. (Ala. XV 272; Colo. XVII 2; 111. XII 
 2; Ky. 221 ; Mo. \||| -^ Utah XV 2.) 
 Same; excepl mentions only "organization". (Mont. XIV 2; S.D. 
 
 XV 3.)
 
 Index Digest 997 
 
 MILITIA {Cont'd) 
 
 Organization, Equipment and Discipline (Cont'd) 
 
 Same; except reads "■enrollment" in place of "organization". 
 
 (Ida. XIV 2; Wyo. XVII 2.) 
 
 To conform as nearly as practicable to organization, discipline and 
 
 equipment of regular army of United States. (N.M. XVIII 2.) 
 
 Legislature to provide for organization, arming and disciplining 
 
 militia. (Ala. XV 271.) 
 Same; adds "as the exigency may require". (Md. IX 1.) 
 Militia to be organized, officered, armed, equipped and trained as may 
 
 be provided by law. (Ark. XI 1; Ind. XII 1.) 
 
 Same; except "discipline" in place of "trained". (S.C. XIII 1.) 
 
 Legislature to provide by law for organizing and disciplining militia, 
 
 in such manner as it may deem expedient, not incompatible with 
 
 constitution and laws of United States. (Cal. VIII 1; Tex. 
 
 XVI 46.) 
 Legislature may provide by law for organizing and disciplining 
 
 militia. (Fla. XIV 2; Wis. IV 29.) 
 Legislature may provide how militia shall be organized, officered, 
 
 trained, armed and equipped. (Ga. X Sec. I 1.) 
 Legislature may arm and equip such volunteer forces' as may be 
 
 authorized. (6a. X Sec. I 2.) 
 Legislature to provide for enrollment, equipment and discipline of 
 
 militia. (Ida. XIV 2; Wyo. XVII 2.) 
 Legislature to determine method of dividing militia into divisions, 
 brigades, regiments, battalions and companies. (Ind. XII 4; Ore. 
 
 X 5.) 
 Militia to be armed, equipped and trained, as legislature may pro- 
 vide. (Iowa VI 1.) 
 Legislature to provide for organizing, equipping and disciplining 
 militia, in such manner as it may deem expedient, not incompatible 
 with laws of United States. (Kan. VIII 2; Mich. XV 2.) 
 Legislature may provide by law how militia shall be organized, 
 
 officered, trained, armed and equipped. (La. 298.) 
 Organization of militia, as now provided for, to remain same until 
 
 altered by legislature. (Me. VII 4.) 
 Divisions of militia into brigades, regiments and companies pre- 
 scribed by present laws to continue until altered by future law. 
 (Mass. Pt. II Ch. II Sec. I 10; N.H. II 54.) 
 Governor to have full power, by himself or through officers, to train, 
 instruct, exercise and govern militia and navy. (Mass. Pt. II 
 
 Ch. II Sec! I 7; N.H. II 50.) 
 Legislature to pass such laws for organization, discipline and service 
 
 of militia as deemed necessary. ( M inn. XII 1.) 
 Legislature to provide for organizing, arming, equipping and 
 
 disciplining militia. (Miss. IX 215.) 
 Legislature to provide by law for organization, equipment and 
 discipline of militia and to make rules and regulations for gov- 
 ernment of same. (Mont. XIV 2.) 
 Legislature may provide for organizing and equipping the militia. 
 
 (Nebr. XIII 1.)
 
 998 State Constitutions 
 
 MILITIA (( 
 
 <»k.,\m/\ii..v K'.'i ii'mkm a.nu Discii'li.ne (Cont'd) 
 
 Legislature to provide by law for organizing and disciplining 
 
 militia. (Nev. XII 1.) 
 Legislature to provide by law for enrolling, organizing and arming 
 
 militia. (N.J. VII Sec. I 1.) 
 ialature to provide for organizing, arming, equipping and dis- 
 ciplining militia. (N.C. XII 2.) 
 Legislature may enact laws for the government of militia. (N.C. 
 
 XII 4.) 
 
 Militia to be enrolled, organized, uniformed, armed and disciplined 
 
 as shall be provided by law, not incompatible with constitution or 
 
 laws of i nited stair.-. (X.D. XIII 189.) 
 
 Legislature to provide for organizing, disciplining, arming, main- 
 
 taining and equipping militia. (Okla. V 40.) 
 Legislature to make all needful rules and regulations not incom- 
 patible with United States or state constitution or state laws. 
 
 (Ore. X 5.) 
 Freemen of stale to be armed, organized and disciplined for its de- 
 fense when and in such manner as directed by law. (Pa. XI 1.) 
 Legislature to provide for enrollment, uniforming, equipment and 
 discipline of militia and establishment of volunteer and other 
 organizations, <>r both, necessary for protection of state, preserva- 
 tion of order and efficiency and good of service. (S.D. XV 2.) 
 islature to provide for organization, discipline and equipment of 
 
 militia. (Utah XV 2.) 
 
 Same; adds "and for the maintenance thereof". (N.M. XVIII 2.) 
 
 Inhabitants of slate to be trained and armed for its defense under 
 
 such regulations, pursuant to United States constitution, as Con- 
 
 gress and legislature shall direct. (Vt. II 55.) 
 
 Legislature to provide by law for organizing and disciplining militia 
 
 in manner not incompatible with constitution and laws of United 
 
 States. (Wash. X 2.) 
 1 m:<, a sized Militia 
 
 Consists of such organized military bodies as existed under laws of 
 territory or thereafter may he authorized by law. .(Ariz. XVI 2.) 
 Legislature to provide by law for establishment of volunteer organ- 
 ization, i>\ several arms of service, to be classed as active militia. 
 
 (N.D. XIII 190.) 
 Designation as "The National Guard of Arizona". (Ariz. XVI 2.) 
 Same; "National Guard of New Mexico". (N.M. XVIII 1.) 
 Pky 
 
 Legislature to provide fqr paying militia when same called into ac- 
 tive seryice. (Miss. IN 215; N.C. XII 2.) 
 
 I "i annua] appropriation to be used in payment of national 
 rd except when in actual service. (Miss. IX 221.) 
 
 and men of militia and volunteer forces not to receive pay, 
 
 rations or emoluments when not in active service. (Ala. XV 278.) 
 
 ■ I adds - by authority of the state". (Ga. X Sec. I 3; La. 299.) 
 
 ro Avoid Sebvjpe, See above, this title, Exemption from 
 
 Service.
 
 Index Digest D99 
 
 MILITIA (Cont'd) 
 
 Performance of Mii.itahv Dity 
 
 Importation of armed men, See Police. 
 
 No organized body of armed men. except the active militia, to per- 
 form military duty in stale, excepl United Slates army, without 
 proclamation of governor. (X.D. XIII L90J) 
 Police as Militia, Prohibition of 
 
 Police force of city, (own or parish not to be organized or used as 
 
 part of militia. ( La. 301. 1 
 Property Accounts 
 
 Public boards, commissary general, superintending officers of public 
 magazines and stores, etc., to accounl every three mouths, with- 
 out requisition (and at other times if required by governor) for 
 all goods, stores, ammunition, cannon, small arms and other public 
 property under their care, distinguishing quantity, number, quality 
 and kind. (Mass. Pt. II Ch. II Sec. I 12.) 
 Same; but mentions only "quantity and kind". (X.ll. II ."Hi.) 
 Quartermaster-General 
 
 Appointed by governor. (Ind. XII 2; Me. Amend. XXVIII; Mo. 
 
 XIII 6; Ohio IX 3.) 
 Regiments 
 
 Field officers commissioned by governor who determines rank. 
 
 (Mass. Pt. II Ch. II Sec. I 10.) 
 Field officers elected by commissioned officers of their regiments. 
 
 (N.J. VII Sec. I 3.) 
 
 Field officers (colonels, lieutenant-colonels and majors) elected by 
 
 persons subject to military duty in their respective districts. 
 
 (Ohio IX 2.) 
 Field officers elected by captains and subalterns. (Vt. II 55.) 
 Field officers elected by written votes of captains and subalterns of 
 
 their regiments. (Mass. Pt. II Oh. II Sec. I 10.) 
 Same; adds "in manner t<> he prescribed by law"'. (Me. XII 1. 2. ) 
 Regimental officers elected by persona subject to military duty 
 within bounds of their several regiments, as legislature may pre 
 
 scribe. (Tenn. VIII I.) 
 
 Regimental officers elected bj regknerit; in case of neglect to eleel 
 
 within time prescribed by law, governor max appoint. (Ala. 
 
 XV 27;;. i 
 Same; or after failure to elect on order of the governor. (Mo. 
 
 Mil 3.) 
 
 Field offices vacant by reason n' neglect or refusal of electors t" 
 
 elect may, after due notification, according to law. be filled by 
 
 governor, with advice <i!' council. (Me. XII 1, 2: Mass. Pt. II 
 
 ch. II Sec. I 10.) 
 Field officers appoint their -tad' officers. (Vt. II 55.) 
 Commanding officers of regiments appoint their own -tad'-. (Ohio 
 
 IX 3.) 
 Same; adds "as may be provided by law". (Ala. XV 276.) 
 Same; except "staff officers" in place of "-tall'-". (Ky. 222: Me. 
 
 VII 2, Amend. XXVIII; Ore. X 4.)
 
 jOOQ State Constitutions 
 
 MILITIA (( 
 
 " 1M1 Nl ' ' n « /XT T ^TT a 
 
 Same- adds "colonels" to commanding officers. (N. J. VII Sec. 
 
 I 10.) 
 imma nding officers appoint their adjutants and quartermasters. 
 (Mass. Pt. II Ch. II Sec. I 10; N.H. II 53.) 
 ,:,,, ,,M,nN> fob Government oi Armies of United States, See above, 
 
 thit title, miZATiON, Equipment and Discipline. 
 
 ,;,,,,, ,„ pejopj i p. Beab Arms, See Arms. 
 
 B) , ;1 PLES \..mnm Bearing Amis. See above this title, Exemption from 
 
 Service. 
 
 - 
 
 Field officers elected by commissioned officers of their squadrons. 
 
 (N.J. VII Sec. I 3.) 
 
 , ommanding officers appoint their own staffs. (N.J. VII Sec. I 
 
 10; Ohio IX 3.) 
 Same; excepl "staff officers"' in place of "staffs". (Ore. X 4.) 
 
 Stafi Departments 
 
 Governoi to appoinl chiefs of staff departments, to hold office during 
 hi- pleasure; their commissions to expire with term for which 
 
 he was elected. (N.Y. XI 4.) 
 
 -I \I r < (FFICERS 
 
 Of a particular officer, See that officer, throughout this title. 
 Appointed and commissioned by governor. (Colo. XVII 3.) 
 Governor appoints ••chief officers of the general staff". (Ore. X 3.) 
 Governor appoints staff officers, when provided for by law. (Ohio 
 
 IX 3.) 
 Governor, with consent of senate, appoints staff officers as legisla- 
 ture directs (except adjutant and inspector-general). (S.C. 
 
 XIII 4.) 
 Governor commissions all officers of the staff, "ranking as such". 
 
 (Ohio IX 4; Ore. X 5.) 
 
 No officer of "general staff" of the militia, except adjutant-general, 
 
 to receive salary or pay, except when on service and mustered in 
 
 with troops; (Md. IX 2.) 
 Excepted from provision providing for election of officers by persons 
 
 liable to perform military duty. (Iowa VI 3.) 
 Ra ! by legislature. (Ind. XII 4; Ore. X 5.) 
 
 Standing \kmy. See Standing Army. 
 
 S l Kl NO I ii 
 
 Force of noi less than 10,000 enlisted men, fully uniformed, armed, 
 equipped, disciplined and ready for active service, to be maintained 
 
 at all times. (N.Y. XI 3.) 
 
 Subaltej e< above, this title, Companies. 
 
 Subordination of Military to Civil Power, See Military Power, 
 
 Subordination of. 
 I u in ai Organization, See above, this title, Organization, Equipment 
 
 and Discipline.
 
 Index Digest 1 i )0 1 
 
 MILITIA (Cont'd) 
 Uniform 
 
 Officers and .soldiers to wear uniform prescribed for United States 
 army but volunteer companies may select own uniform. (Fla. 
 
 XIV 3.) 
 Use Without State 
 
 Governor not to march or convey citizens out of state, without their 
 consent or that of legislature unless necessary to reach another 
 part of state for defense thereof. (Me. V Pt. I 7.1 
 Same; except "inhabitants" in place of "citizens". (Mass. Pt. II 
 
 Ch. II Sec. I 7; N.H. II 50.) 
 Volunteer Forces 
 
 Volunteer companies of infantry, cavalry or artillery may be formed 
 in such manner and with such restrictions as may be provided by 
 
 law. (Ark. XI 2; Mo. XIII 4.) 
 Same; except "organizations" in place of "companies". (Ala. 
 
 XV 274.1 
 Legislature may provide for encouragement of volunteer corps. 
 
 (Fla. XIV 2.) 
 
 Legislature may authorize formation of volunteer companies, and 
 
 provide for organization into battalions, regiments, brigades, 
 
 divisions and corps, and may arm and equip same. (Ga. X 
 
 Sec. I 2.) 
 Legislature to provide by law for establishment of volunteer or- 
 ganizations of the several arms, to be classed as active militia. 
 
 (N.D. XIII 190.) 
 Governor may, when legislature not in session, call out volunteers 
 or militia, or both, to execute laws, repel invasion, repress in- 
 surrection and preserve public peace, in such manner as author- 
 ized by law. (Ark. XI 4.) 
 May select their own uniforms. (Fla. XIV 3.) 
 
 Privileged in all cases, except treason, felony and breach of peace, 
 from arrest during attendance at muster and election of officers, 
 and in going to and returning from same. (Ark. XI 3.) 
 MINES 
 
 Mining Bureau 
 
 Bureau may be created by legislature to be known as Mining, Manu- 
 facturing and Agricultural Bureau. (Ark. X I.) 
 Inspector of (commissioner in Colorado) 
 Appointment or Election 
 
 Governor to appoint, with advice and consent of senate. 
 
 (Colo. XVI 1; N.M. XVII 1; Wyo. IX 1.) 
 Elected at general election. (Ariz. XIX.) 
 
 Bond and Oath 
 
 As prescribed by law. (Okla. VI 25.) 
 
 Duties 
 
 As prescribed by law. I Colo. XVI 1 ; N.M. XVII 1; Wyo. IX 1.) 
 Designated in constitution or prescribed by law. (Okla VI 1.)
 
 jOiij State Constitutions 
 
 MINES {Cont'd) 
 
 [ksfbctob oi (commissioner in Colorado) (Cont'd) 
 
 Office 
 
 keep office and public records at seat of government. (Okla. 
 
 VI 1.) 
 
 Qualifications 
 
 Proven in manner provided by law to be competent and prac- 
 tical. (Wyo. IX 1.) 
 Known competency. (Colo. XVI 1.) 
 
 Eight years' experience as practical miner and other qualifica- 
 tions as provided by legislature. (Okla. VI 25.) 
 
 Salary 
 
 To be prescribed by law. (Colo. XVI 1; N.M. XVII 1; Okla. 
 
 Sched. XV; Wyo. IX 1.) 
 ■>i)0 till provided otherwise by law; not to be diminished or 
 increased for term for which elected; not to receive for his 
 own use fees, costs and perquisites of office. (Okla. VI 34.) 
 
 Term of Office 
 
 Two years. (Ariz. XIX; Wyo. IX h) 
 Four years. (Colo. XVI 1; N.M. XVII 1; Okla. VI 25.) 
 Secretary of Internal Ah airs 
 
 To discharge duties in regard to mining interests of state as may 
 be prescribed by law. (Pa. IV 19.) 
 
 All) TO 
 
 Legislature to pass laws to foster and aid mining interests of state. 
 
 (Ark. X 1.) 
 \iilw Right op, See Aliens — Lands and Mines. 
 Eminent Domain for Mining Purposes, See Eminent Domain. 
 Health and Safety of Miners, See Labor — Health and Safety. 
 Labor in. See Labor. 
 Minim. Comp4 n des 
 
 Legislature to provide by general law for incorporating such mining 
 
 companies or associations as> deemed necessary. (Fla. Ill 25.) 
 NTo incorporated company doing business as common carrier to engage 
 in mining, hut any mining company may carry products of its 
 mines on its railroad or canal not over 50 miles long. (Pa. 
 
 XVII 5.) 
 Every license or charter granted to stipulate that corporation will 
 
 arbitrate any difference in reference to labor. (Okla. IX 42.) 
 Fellow-servant doctrine abolished as to any servants of common 
 master; acl applies to receivers. (Okla. IX 36.) 
 Mining Districts 
 
 Legislature t" create mining districts and provide for appoint- 
 ment or election of assistant inspectors under general control of 
 chief mine inspector and define qualifications and duties and fix 
 
 compensation. (Okla. VI 26.) 
 I: i. i,n ■. 
 
 Nol in In- regulated by private, local or special law. (Ky. 59; 
 Mo, l\ 53; Pa. Ill 7; Tex. Ill 56; Va. IV 63.)
 
 Index Digest 1003 
 
 MINES (Cont'd) 
 
 Regulation (Cont'd) 
 
 Legislature to make regulation to secure proper drainage and ven- 
 tilation of, and proper safety and health appliances in, mines. 
 
 (Colo. \\ I 2. 3.) 
 
 Laws may be passed to provide for the regulation of methods of 
 
 mining, weighing, measuring and marketing coal, »a>, oil and all 
 
 other minerals. (Ohio II 36.) 
 Release of by State 
 
 Mines and minerals released to owner of soil. (Tc\. XIV 7.) 
 State Geologist 
 
 Legislature may create office of geologist, to be appointed by ^"\ 
 ernor by and with consent of senate; term of office and compen- 
 sation prescribed by law; to be removed by governor for gross 
 neglect of duty or incompetency. (Ark. X 2.) 
 Appointed by governor with advice and consent of senate for six 
 years or until successor qualified; duties and compensation pre- 
 scribed by law; must have such theoretical knowledge and prac- 
 tical experience and skill as shall lit him for position; to per- 
 form, ex-officio, duties of inspector of mines until otherwise pro- 
 vided by law. (Wyo. IX 0.) 
 State Geological and Economic Survey 
 
 Legislature shall provide for establishment of. (Okla. V 38.) 
 Switch Track to 
 
 Owner of coal, lead, iron or zinc mine, when corporation commis- 
 sion determines business reasonably justifies it, may build switch 
 from railroad, which must allow connection under penalty to be 
 recovered by civil action. (Okla. IX 33.) 
 
 Taxation 
 
 See Taxation — Objects and Kinds of Taxation — Mines and Min- 
 ing. 
 
 See Taxation — Assessment Mines. 
 
 See Taxation — Exemptions — Mining Capital. 
 
 MINORS 
 
 See also Children. 
 
 For jurisdiction of courts over, See Courts. 
 Registration, See Elections. 
 
 Rights not to be conferred by local or special law. (Minn. IV 33.) 
 Emancipation not to be authorized by local or special law. (La. 48.) 
 Not to be relieved from legal disabilities by local or special law. (Fla. 
 
 Ill 20; Ky. 59.) 
 Disability of infancy not to be removed by local, private or special law. 
 
 (Ala. IV 104; Miss. IV 90.) 
 
 Private, local or special law not to declare any person of age. (Cal. IV 
 
 25; Colo. V 25; Ida. Ill 19: K.\ . 59; Minn. IV 33; Mo, IV 53; Mont. 
 
 V 26; N.M. IV 24; N.D. II 69; Okla. V 46; Tex. Ill 56; Wash II 28; 
 
 Wyo. Ill 27.) 
 Disposal of property by local or special law prohibited. (Ky. 59.)
 
 Idii.l State Constitutions 
 
 MINORS [Cont'd) 
 
 itea oof to be affected by local or special law. (Ariz. IV 19; Cal. IV 
 •_..-,. [da. Ill 10 S Ky. 59; La. IS: .Minn. IV 33; Mo. IV 53; Mont. V 26; 
 VK 11 69; Okla. V 46; Tex. Ill 56; Wyo. Ill 27.) 
 
 nut to be affected by local or special law, except after due notice 
 t«. ali parties in interest, to be recited in the special enactment. (Pa. 
 
 Ill 7.) 
 Bettlemenl or administration of .state local, private, or special law pro- 
 hibited. (Miss. IV 90.) 
 estates, special law prohibited; but legislature to confer on 
 
 courts power to direct. (Va. IV 63.) 
 of property, local, private or special law. prohibited. (Cal. IV 25; 
 
 Ida. Ill 19; Ky. 59; Miss. IV 90.) 
 
 of real estatej local, private or special law, prohibited. (Colo. V 
 
 Fk. Ill 20j HI. IV 22 ; Mont. V Hi; Nebr. Ill 15; Nev. IV 20; 
 
 \.M. I\ Jl; N.D. II 69; S.D. Ill 23; Utah VI 26; Wash. II 28; W.Va. 
 
 \ l 39; Wis. I\ 31; Wyo. Ill 27.) 
 
 of ical ,--i a.' by executors, administrators, guardians or trustees, 
 local or special lav. no1 to provide for. (Ind. IV 22; Md. Ill 33; Ore. 
 
 IV 23.) 
 of persona] property, private, local or special law prohibited. (Nev. 
 
 IV 20; Wash. II 28; Wis. IV 31.) 
 Mortgage of property, local, private or special law prohibited. (Miss. 
 
 IV 90.) 
 
 Mortgage of real estate, private, local or special law prohibited. (Colo. 
 
 \ 25; 111. IV 22; Mont. V 26; Nebr. Ill 15; N.M. IV 24; N.D. II 
 
 Gil; S.D. 111 23; Utah VI 26; Wash. II 28; W.Va. VI 39; Wis. IV 
 
 31; Wyo. Ill 27.) 
 Mortgage of personal property, private or special law prohibited. (Wash. 
 
 II 28; Wis. IV 31.) 
 Leasing or encumbering property, private, local or special law prohibited. 
 Cal. I\ 25; [da. Ill 19; Ky. 511; Wash. II 28.) 
 
 MONEY 
 
 Rate of interest on, See INTEREST. 
 
 Where sums are mentioned in constitution, value to be computed in sil- 
 ver, at >i\ shillings and eight pence per ounce. (Mass. Pt. II Ch. VI 
 
 MONOPOLIES AND TRUSTS 3; N ' H . - U 96,) 
 
 Prohibition i\ General 
 
 "Shall never be allowed in this state". (S.D. XVII 20; Wash. 
 
 XII 22.) 
 Monopolies shall not he allowed. (Ark. II 19; Okla. II 32.) 
 
 - contrary to genius of free state and not to be allowed. 
 v ' .'I 31; Okla. II -A-l: Tenn. I 22; Tex. I 26; Wyo. I 30.) 
 Monopolies are odious, contrary to spirit of free government and 
 principles of commerce and ought not to be suffered. (Md. D.R. 
 
 41.) 
 and free competition in trades and industries are inherent right 
 '•' people and should be protected against 7iionopolies and con- 
 spiracies which tend to hinder or destroy it. (N.H. II 82.)
 
 Imikx Digest LOOS 
 
 MONOPOLIES AND TRUSTS {Cont'd) 
 Prohibition of Particular 
 
 Until otherwise provided by law. no person engaged in production, 
 manufacture, distribution or -ale of commodity rf genera] use 
 shall, for purposes of creating monopoly or destroying competi 
 tion, discriminate between differenl persons, ><*<t i» >n s, communi- 
 ties or cities by selling at lower rate in one section, community or 
 city than in another, after making <li><' allowance for difference in 
 grade, quantity or quality and actual cost of transportation from 
 point of production or manufacture. (Ok-la. IX 45.) 
 
 Combination between individuals, corporations, associations, having 
 for object or effect controlling of price of any product of soil or 
 article of manufacture or commerce, or cost of exchange or 
 transportation, prohibited and declared unlawful and against 
 public policy; and franchises of violators of this provision to be 
 
 void. IX. I). VII 1 IC. i 
 
 Persons not to combine or conspire together or to unite or pool their 
 interests for purposes of forcing up or down price of agricultural 
 product or article of necessity, for speculative purposes; and 
 combinations, trusts or conspiracies in restraint of trade or emu 
 merce and monopolies or combinations to monopolize trade or 
 commerce, prohibited, and attorney -general, or district attorney, 
 when directed by governor or attorney-general, to enforce this 
 provision in name of state, and particularly by suit for forfeiture 
 of charter of corporations and for ouster from state of foreign cor- 
 porations. These provisions self-operative but legislature may pro- 
 vide additional remedies. (La. 100.) 
 
 Any combination of persons whether as individuals or members or 
 officers of corporation, to monopolize markets for food products 
 in this state or to interfere with or restrict freedom of such mar- 
 kets, declared to be criminal conspiracy punishable as prescribed 
 
 by law. (Minn. IV 35.) 
 
 Any combination by individuals, corporations or associations hav- 
 ing for object or effect controlling of price of products of soil or of 
 article of manufacture or commerce, or cost of exchange or trans 
 portation, prohibited, and declared unlawful and againsl public 
 policy. Legislature to enforce by adequate penalties and if neces- 
 sary declare forfeiture of franchise of corporations. (Utah 
 
 XII 20.) 
 
 No corporation, partner-hip or association to directly or indirectly 
 combine or make contracts with corporation through stockholders 
 or trustees or assignees, or with partnership or association or in 
 any manner whatever fco li\ prices, limit production or regulate 
 transportation of product or commodity. Legislature 1" enforce 
 by adequate penalties, including forfeiture of franchise of corpor 
 
 ations. (Ariz. XIV L5; Wash. Ml 22.) 
 
 No incorporated company or association or stock company in state 
 to combine or make any contract with any other incorporated 
 company through stockholders or trustees or assignees or in any
 
 006 State Constitutions 
 
 MONOPOLIES AND TRUSTS [Cont'd) 
 Pbohibi noii 01 I' vb i i< ii \i; I Cont'd) 
 
 manner whatsoever for purposes of fixing price or regulating pro- 
 duction of any article of commerce or of produce of soil or of con- 
 Bumption bj people and Legislature to pass laws for enforcement 
 by adequate penalties and if necessary forfeit property and fran- 
 chise. (Ida. XI 18.) 
 No corporation, partnership or association to directly or indirectly 
 combine or make contract with corporation through stockholders 
 or trustees or assignees, or with partnership or association or in 
 any manner whatever to fix prices, limit production or regulate 
 transportation of product or commodity so as to prevent compe- 
 tition in such prices, production or transportation, or to estab- 
 lish excessive prices thereof. Legislature to enforce by adequate 
 penalties, including forfeiture of franchise of corporations. (S.D. 
 
 XVII 20.) 
 No persons to directly combine or form " what is known as a trust " 
 or make contracts with any persons through their stockholders, 
 trustees or in any manner for purpose of fixing price or regulat- 
 ing production of any article of commerce or of the product of the 
 soil, for consumption by people. Legislature to provide for en- 
 forcement by adequate penalties to the extent if necessary of for- 
 feiture of property and franchise, and prohibition of foreign cor- 
 porations from Carrying on business in state. (Mont. XV 20.) 
 Consolidation or combination of corporations to prevent competi- 
 tion, to control or influence production or prices thereof or to inter- 
 fere with public pood and general welfare, prohibited. (Wyo. 
 
 X 8.) 
 Monopoly or exclusive privilege in slaughtering cattle not to exist. 
 
 (La. 276.) 
 
 Holding of large tracts of land, uncultivated and unimproved, is 
 
 against public interest and to be discouraged by lawful means. 
 
 ('Cat XVII 2.) 
 i.i i. i-i vn be to Prevent Certain 
 
 Legislature to enact laws to prevent trusts, monopolies and com- 
 bination- in restraint of trade. (N.M. IV 38.) 
 Legislature to pass laws preventing trusts, combinations and mon- 
 
 opolies inimical to public welfare. (Va. XII 165.) 
 Legislature to enact laws to pr vent trusts combinations, contracts 
 and agreements against public welfare. (Miss. VII 198; S.C. 
 
 IX 13.) 
 
 Legislature to define and provide for punishment of persons engaged 
 
 in. or composing, unlawful combination, monopoly, trust, act or 
 
 eement, in restraint of trade. (Okla/V 44.) 
 
 Legislature, as necessity may require, shall enact laws necessary to 
 
 prevenl trusts, pools, combinations or other organizations from 
 
 combining to depreciate or to enhance the cost of any article below 
 
 or above its real value. (Ky. 198.)
 
 Index Digest 1007 
 
 MONOPOLIES AND TRUSTS (Cont'd) 
 
 Legislature to Prevent Certain (Cont'd) 
 
 Legislature to provide by law for regulation, prohibition or reason- 
 able restraint of common carriers, partnerships, associations, 
 trusts, monopolies and combinations of capital, so as to prevent 
 making articles of necessity, trade or commerce scarce or from 
 increasing unreasonably the cost thereof to the consumer, or pre- 
 venting reasonable competition in any calling, trade or business. 
 
 (Ala. IV 103.) 
 Legislature not to authorize corporations to purchase stock in or 
 make contracts with other corporations to lessen competition or 
 encourage monopoly; such contracts void. (Ga. IV Sec. II 4.) 
 
 MORTGAGE CORPORATIONS 
 
 Corporations formed for sole purpose of lending on country property not 
 to receive money on deposit or do banking business; subject to super- 
 vision of examiner of state banks. (La. 230.) 
 
 MOTOR VEHICLES 
 
 Legislature to provide for registration of automobiles and motor vehicles 
 and provide license tax for their use and act No. 260 of 1914 ratified 
 
 and approved. (La. Amend. 1914.) 
 
 MUNICIPAL CORPORATIONS, See Municipalities. 
 MUNICIPAL DIVISIONS OF STATE, See Municipalities. 
 
 MUNICIPAL HOME RULE 
 
 Restrictions on Legislation Affecting Municipalities 
 
 For provisions relating to control by state, finances, debt, public 
 utilities, and other general powers, See " Counties ", " Cities ", 
 " Towns ", " Villages ", " Boroughs ", " Municipalities " and 
 " Townships ". 
 Power of Municipality to Frame Its Charter 
 
 Under this subhead are digested provisions relating to powers of 
 counties, cities, towns, villages and munioipaiitiea to frame their 
 own charters. Where a section relates to counties or to a specified 
 city it is so indicated in the citation. 
 For provision relating to recall by voters of judicial decision holding 
 any provision of charter unconstitutional, See Courts — Decisions. 
 Power Granted to 
 
 Any municipality. (Ohio XVIII 7.) 
 Voters of every city and town. (Ore. XI 2.) 
 Electors of each city and siiiage. (Mich. VIII 21.) 
 Any city or village. (As only right granted is that of framing 
 charter for its own government " as a city ", it would 6eem to 
 applv only to cities and prospective cities, and not to villages.) 
 
 (Minn. IV 36.) 
 
 People of city and county of Denver, and of each city and town 
 
 with population of 2,000 as determined by last preceding 
 
 census taken under its own authority or that of United states 
 
 or state. (Col«. XX 4. 6.)
 
 1008 Siati Constitutions 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 POWKB ,„ MiMuni.rn TO Fbame Its Charter (Cont'd) 
 Power Granted to (Cont'd) 
 
 Any city with population more than 2,000. (Okla. XVIII 3a.) 
 
 Anj city with a population more than 3,500. (Ariz. XIII 2.) 
 
 An3 ( . in ,„■ ,.,t.\ and county with population more than 3,500 
 
 accordii Last census taken under authority of United 
 
 States or of legislature; (Cal. XI 3.) 
 
 \nx .-in with population more than 5,000. (Nebr. XIa 2; 
 
 Tex. XI 5.) 
 
 \.a i ity containing 20.000 inhabitants or more. (Wash. XI 10.) 
 
 Citj of St. Louis, and any city of more than 100,000 inhabitants. 
 
 (Mo. IX 16, 20.) 
 An\ county (but provisions of this section do not apply to any 
 count} consolidated with a city). (Cal. XI 7y 2 .) 
 Nature of Power 
 
 To frame (barter for its own government consistent with and 
 subject to constitution and laws of state. (Ariz. XIII 2; 
 Mo! IX 16, 20; Nebr. XIa 2; Okla. XVIII 3a; Wash. XI 10.) 
 To frame charter for its own government, consistent with and 
 subject to constitution, or, having framed such charter, to 
 frame new charter. (Cal. XI 1%, county; Cal. XI 8.) 
 Exclusive power to make, alter, amend, revise, add to or replace 
 charter which shall be its organic law and extend to all local 
 and municipal matters. After filing charter framed under 
 provisions of this article city or town may provide and legis- 
 late for creation of municipal offices, agencies, employments 
 and police and municipal courts and for the powers, duties and 
 jurisdiction thereof and the election, appointment, terms, 
 qualifications, etc., of the officers thereof; all matters pertain- 
 ing to municipal elections; municipal debt; park and water 
 districts; municipal taxation; and fines and penalties for 
 violation of provisions of charter or ordinances. Intention 
 of article is to grant to people of all municipalities " full right 
 of self-government in both local and municipal matters ", 
 and enumeration of certain powers herein not to be construed 
 to deny any right or power essential to full exercise of such 
 
 right. (Colo. XX 4, 6.) 
 To frame charter for its own government as a city consistent 
 
 with and subject to laws of state. (Minn. IV 36.) 
 To adopt or amend charter subject to constitution and general 
 laws of state and to such limitations as may be prescribed 
 
 by the legislature. (Tex. XI 5.) 
 i rider general laws. 1o frame, adopt and amend charter, and to 
 amend existing charter heretofore granted, and through regu- 
 larly constituted authorities, to pass all laws and ordinances 
 relating to municipal concerns of the city or village, subject 
 to constitution and general laws of state. (This section 
 leaves to the legislature the implied duty to provide the pro- 
 iurc for framing a charter.) (Mich. VIII 21.)
 
 I.ndkx Digest L009 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 Power of MuNicnwi.i'n to Frame Its Chaktkk (Cont'd) 
 Nature of Power (Cont'd) 
 
 To frame and adopt or amend charter for its own government, 
 and subject to Will 3 (granting authority to municipalities 
 to exercise all powers of local self-government, and to adopt 
 and enforce within their limits local police, sanitary, etc., 
 regulations not in eonllict with general laws), to exercise 
 thereunder all powers of local self-government. (Ohio Will 
 
 7, 3.) 
 To enact and amend municipal charter, subject to constitution 
 and criminal laws of the state, and the exclusive power to 
 license, regulate, control or to suppress or prohibit the sale 
 of intoxicating liquor therein is vested in such municipality; 
 but such municipality shall within its limits be subject to 
 the local option law of the state. (There are no provisions as 
 to procedure. See Initiative and Referendum. Ore. IV la.) 
 
 (Ore. XI 2.) 
 Board to Draft Charter 
 Number of Members 
 
 Thirteen. (Mo. IX 1(1. 20, 22.) 
 
 Fourteen. (Ariz. Mil 2.) 
 
 Fifteen. (Cal. XI 7 1 /j. county, 8: Minn. IV 36; Nebr. 
 
 XIa 2, 3; Ohio XVIII 8; Wash. XI 10.) 
 Twenty-one. (Colo. XX 4.) 
 Two from each ward. (Okla. XVJIl 3a.) 
 Election 
 
 City may cause a board of freeholders composed of 14 
 qualified electors of city to be elected at large by qualified 
 electors at general or special election. Election may be 
 called at any time by legislative authority of city, and 
 shall be called by the chief executive officer within 10 
 days after filing with him a petition demanding such 
 election, signed by a number of qualified voters of city 
 equal to 25 per cent, of total number of votes cast at next 
 preceding general municipal election; election shall be 
 held not later than 30 days after the call therefor. 
 
 (Ariz. XIII 2. 3.) 
 County may cause board of 15 freeholders, for at least five 
 years qualified electors, to be elected at general or special 
 election in pursuance of ordinance adopted by three-fifth- 
 vote of all members of county board of supervisors to 
 prepare charter, or in pursuance of a petition Bigned by 
 in per cent, of qualified electors of county, computed on 
 total number of votes cast for all candidates for governor 
 at last preceding general election for governor, ami filed 
 in office of county clerk. County clerk within 20 days 
 after filing of petition shall ascertain from registration 
 of electors whether petition is signed by requisite number 
 of qualified elector-, ami if required by him board of su-
 
 in 1" State < 'o.n.-titutions 
 
 MUNICIPAL HOME RULE {Confd) 
 
 POWXB OF Mini* ir.u.iTY to Frame Its Charter (Cont'd) 
 Board to Draft Charter (Cont'd) 
 Election (Continued) 
 
 pervreors .-hall authorize him to employ assistants in 
 such work and shall provide for their compensation. 
 Clerk shall attach to petition his certificate showing re- 
 Milt of examination and if it shall appear that petition is 
 signed by requisite number, clerk shall present petition 
 to board of supervisors. Upon adoption of ordinance or 
 presentation of petition board of supervisors shall order 
 special election of board of freeholders not less than 20 
 days nor more than 60 days thereafter, provided, that if 
 a general election shall occur within such period said 
 board may be elected at such general election. Candi- 
 dates shall be nominated by petition in substantially the 
 same manner as provided by general law for the nomina- 
 tion of county officers. (Cal. XI 7^, county.) 
 Electors shall choose board of 15 freeholders at general 
 • or special election; no person eligible for such board unless 
 for five years next preceding, an elector of city; election 
 may be called by two-thirds vote of legislative body of 
 city, and on petition by not less than 15 per cent, of regis- 
 tered electors, legislative body shall call such election not 
 less than 30 nor more than 60 days after filing of 
 petition; such petition shall be verified by authority in 
 charge of registration records of city or city and county, 
 expenses of which verification shall be provided by legis- 
 lative body; candidates shall be nominated either in the 
 same manner as municipal officers or by petition substan- 
 tially in same manner as provided by the general laws in 
 regard to public offices voted for at general election. 
 
 (Cal. XI 8.) 
 Within 10 days after governor's proclamation of adoption 
 of this amendment, council of city and county of Denver 
 shall by ordinance call special election, to be conducted 
 as provided by law, of qualified electors for election at 
 large of 2*1 taxpayers, qualified electors within said limits 
 for at least five years. (Colo. XX 4.) 
 City may cause a board of 13 freeholders, who have been 
 for at least five years qualified voters thereof, to be 
 elected by the qualified voters at general or special elec- 
 tion. (Mo. IX 16.) 
 Council of citj and county court of county of St. Louis shall 
 al request of mayor of St. Louis meet in joint session and 
 order an election, to be held as provided for general elec- 
 tions, by qualified voters of city and county, of a board 
 of 13 freeholders of such city or county. Lawmaking 
 authorities of city may order election of board of 13 
 freeholders (to prepare a subsequent charter). (Mo. IX 
 
 20, 22, St. Louis.)
 
 l\Di:\ DlOEST 1(111 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 Power of Municipality to Frame Its Charted (Cont'd) 
 Board to Draft Charter (Cont'd) 
 Election (Continual | 
 
 City may cause convention <>f L5 freeholders who have 
 been live years qualified electors to be elected bj qualified 
 voters at genera] or special election to be called through 
 
 a special election ordinance, wh ver question of charter 
 
 convention lias been submitted ami carried by majority 
 of electors voting 1 hereon. (Nebx. XIa -!. L) 
 
 Provision shall he made (on ballot by which the question 
 is submitted whether commission -hall he chosen to frame 
 charter) for election at large of 15 electors to consti- 
 tute commission to frame charter, providing question is 
 answered in affirmative. (Ohio XVIII 8.) 
 
 City may cause a hoard of freeholders composed of two 
 from each ward, qualified electors, to lie elected at any 
 general or special election. Election may he called at 
 any time by legislative authority of city, and shall he 
 called by chief executive officer of city within 10 days 
 after filing with him a petition demanding such election, 
 signed by a number of qualified elector- equal to 25 per 
 cent, of total number of votes at next preceding general 
 municipal election. Election shall lie held not later than 
 30 days after call therefor. (Okla, XVIII 3a and b.) 
 
 Legislative authority of city may cause election to lie had 
 at which qualified electors shall choose 15 freeholders 
 who have been residents for at least two years preceding. 
 and qualified electors. (Wash. XI 10.) 
 
 Appointment 
 
 Legislature shall provide, under such restrictions as it 
 deems proper, for a board of 15 freeholders, who are 
 and for past five years have been qualified voters, to be ap- 
 pointed by district judges of judicial district in which 
 situated, for term not to exceed six years; hoard shall be 
 permanent, and vacancies by death, disability to perform 
 duties, resignation or removal from corporate limit-, or 
 expiration of term of office -hall he filled l>\ appointment 
 in same manner as original hoard, and board -hall alwaj - 
 contain full complement of members. (Minn. IV 36.) 
 
 Duties of Board 
 
 Board of freeholders shall within 90 days prepare ami propose 
 
 a charter. | Ariz. MM 2: <>kla. Will 3a.) 
 Hoard shall within 12Q days after result of election i- declared 
 prepare and propose a charter. Ha!. \l 7 ' •_. . county.) 
 
 Board shall within 120 day- after resull of election is declared, 
 prepare and propose charter, hut said period may with con 
 sent of legislativi bodj of citj he extended by hoard for not 
 more than 60 days, (Cal. XI 8.)
 
 lull' St ATI-: Constitutions 
 
 MUNICIPAL HOME RULE [Cont'd) 
 
 Poweb "i Mi mi ii'Aiin to I'kame Its Charter (Cont'd) 
 Duties of Board (Cont'd) 
 
 The 2] taxpayers shall constitute charter convention to frame 
 charter within 60 days after election; ordinance calling elec- 
 tion shall ii\ time and place <>f convention. (Colo. XX 4.) 
 Board shall with six months after appointment return to chief 
 magistrate of city or village draft of charter. (Minn. IV 3-6.) 
 Board of freeholders shall within 90 days after election return 
 t.. chief magistrate of city a draft of charter. (Mo. IX 16.) 
 rd of freeholders shall (within 90 days after its election) 
 ropose a scheme for the enlargement and definition of the 
 boundaries of the city, the reorganization of the government 
 of the county, the adjustment of the relations between the 
 :, thus enlarged and the residue of St. Louis county, and 
 the government of the city thus enlarged by a charter. (As to 
 subsequent charters only provision is that board of freeholders 
 shall prepare a new charter.) (Mo. IX 20, 22, St. Louis.) 
 Convention ~lia 1 1 within four months after election prepare and 
 propose a charter with a prefatory synopsis. (Nebr. XIa 2.) 
 Provision for election of 15 electors to constitute a commis- 
 si.. n to frame charter, charter to be submitted to vote within 
 one year after election of commission. (Ohio XVIII 8.) 
 Freeholders shall convene within 10 days after election and pre- 
 pare and propose charter. (Wash. XI 10.) 
 Election on Question Shall New Charter Be Framed 
 
 At election of board to frame charter a vote shall be taken on 
 question whether further proceedings toward adopting charter 
 shall be had in pursuance of call, and unless majority of quali- 
 fied electors voting thereon shall vote to proceed further no 
 further proceedings shall be had and all proceedings thereto- 
 fore had shall be of no effect. (Ariz. XIII 3; Okla. XVIII 
 
 3b.) 
 
 Proposals for charter contentions shall be submitted by city 
 
 council, board of trustees or other legislative body at general 
 
 or special election, upon petition in reasonable conformity 
 
 with sect inn S of same article, and all proceedings thereafter 
 
 Lai] he in reasonable conformity with sections 4 and 5 of 
 
 same article. (Colo. XX 6.) 
 
 Proposal for charter convention may be made by law-making body 
 
 " f '"> or by qualified electors in number not less than 5 
 
 I'* 1 ' '•'" , - of the ne\t preceding gubernatorial vote in city, by 
 
 petition filed with council of governing authorities, who shall 
 
 BubmM same to vote of qualified electors at next generator 
 
 ial election not held within 30 days after petition 
 
 ■ filed. Whenever 1 question of charter convention is carried 
 
 bj majoritj voting thereon convention shall be called through 
 
 pedal election ordinance. (Nebr. XIa 2, 4.) 
 
 Jlativi authority of any citj or village may by vote of two- 
 
 " ,N " f ''' members, and shall on petition of 10 per cent, of
 
 Index Digest 1013 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 Power of Municipality to Frame Its Charter (Cont'd) 
 
 Election on Question Shall New Charter Be Framed (Cont'd) 
 
 electors, provide by ordinance for submission t<> electors of 
 question " Sliall a commission be chosen to frame a charter ". 
 Ordinance sliall require that question be submitted at next 
 regular municipal election if not less than 00 nor more 
 than 120 days after, otherwise shall provide for submission 
 at special election called and held within said time. Ballot 
 shall contain no party designation, and provision sliall be 
 made thereon for election of commission to frame charter, 
 provided majority of electors voting on question vote in atlirma- 
 
 tive. (Ohio Will 8.) 
 Procedure Prior to Vote on Charter 
 Draft to be Ki</>i<<l mid Returned 
 
 Signed in duplicate by members of hoard or a majority of 
 them and one copy tiled with chief executive officer of city 
 and other with county recorder or register of deeds. (Ariz. 
 
 XIII 2; Okla. XVI 1 1 :ia.) 
 
 Signed in duplicate by members of hoard or a majority of 
 
 them and filed, one copy in office of county clerk and other 
 
 in office of county recorder. (Cal. XI 7%, county.) 
 
 Signed by majority of board and tiled with clerk of lrgis- 
 
 lative body of city. (Cal. XI S.) 
 Proposed charter with prefatory synopsis shall be signed by 
 officers and members of convention, and delivered to 
 clerk of city and county. (Colo. XX 4.) 
 Signed by members of board or a majority and returned to 
 
 chief magistrate. (Minn. IV 36. 1 
 Signed by members of board or a majority of them and re- 
 turned to mayor within 90 days after election of board. 
 
 (Mo. IX lti. i 
 
 Scheme and charter shall be signed in duplicate by said board 
 
 or a majority of them, and one copy returned to mayor 
 
 and other copy to presiding judge of county court, within 
 
 90 days after election of board. (Mo. IX 20, St. Louis.) 
 
 Proposed charter and prefatory synopsis shall be sinned by 
 
 officers and members of convention or majority thereof. 
 
 and delivered to clerk of city. (Xebr. Xla 2.) 
 
 Publication 
 
 In one or more newspapers published and of general circula- 
 tion in city for at least 21 days if in a daily paper, or in 
 three consecutive issues if in a weekly paper, first publi- 
 cation be made within 20 days after completion of pro- 
 posed charter. ( Ariz. XTII 2; Okla. XVIII 3a.) 
 Board of supervisors shall publish proposed charter at least 
 10 times in daily newspapers, printed, published and of 
 general circulation in county, provided that in county 
 where no such newspaper is published charter shall be 
 published at least three times in at bast one weekl\ news-
 
 1014 State Constitutions 
 
 MUNICIPAL HOME RULE {Cont'd) 
 
 Poweb OF Mi m. ii-u.ity to Fbamb Its Charter {Cont'd) 
 Procedure Prior to Vote on Charter {Cont'd) 
 Publication {Cont'd) 
 
 paper, printed, published and of general circulation in 
 county, and provided that in any county where neither 
 guc h paper is printed, a copy of charter shall be posted 
 bj countj clerk in three public places and on or near 
 entrance to at hast one public school in each school dis- 
 trict. The first publication or posting shall be made 
 within 15 days after filing of copy in office of county 
 
 clerk. (Cal. XI 7%, county.) 
 Legislative body of city within 15 clays after filing shall 
 cause charter to be published once in official paper of 
 city or. if no such paper, in a paper of general circula- 
 tion, and shall chum- copies to be printed in convenient 
 pamphlet form and shall, until date fixed for election, 
 advertise in one or more papers of general circulation 
 published in city notice that copies may be had upon 
 
 application. (Cal. XI 8.) 
 
 (h-rk of city and county shall publish charter and prefatory 
 
 nopsis in full with his official certification in official 
 
 newspaper of city and county three times and a week 
 
 apart. (Colo'. XX 4.) 
 City clerk shall publish proposed charter and prefatory 
 synopsis in full with his official certification in official 
 paper of city if there be one, and if there be no official 
 paper then in at least one newspaper published and in 
 genera] circulation in city, three times a week apart. 
 
 (Nebr. XIa 2.) 
 Proposed charter shall be published in two daily newspapers 
 published in city for at least 30 days prior to day of 
 submitting to electors. (Wash. XI 10.) . 
 Cop/i to Each Voter 
 
 Not less than 30 days prior to election clerk of munici- 
 pality shall mail copy of proposed charter to each elector 
 whose name appears on poll or registration books of last 
 regular or general election. (Ohio XVIII 8.) 
 Ratification and Approval 
 
 How and Winn Submitted to Vote 
 
 W iihin 30 days and not earlier than 20 days after publica- 
 tion, charter shall be submitted to vote of qualified 
 electors of city al general or special election. (Ariz. XIII 
 
 2; Okla. XVIII 3a.) 
 < lharter -hall be submitted by hoard of supervisors to electors 
 al Bpecial election held nn t less than 30 nor more than 
 60 days after completion of publication or posting, 
 provided, thai if general election shall occur within such 
 period charteT may he submitted at such general election. 
 
 (Cal. XI 7Yz, county.)
 
 Index Digest 1015 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 Power of Municipality to Frame Its Ciiautku [Cont'd) 
 Ratification and Approval (Cont'd) 
 
 Hon- (mil When Submitted to Vote (Cont'd) 
 
 Shall be submitted to electors al date fixed bj the board of 
 freeholders before such filing and designated on charter, 
 either at special election not less than GO days from 
 completion of publication or at general election next 
 following expiration of said 60 days. (Cal. \l 8.) 
 
 Ordinance calling electi E charter convention shall li\ time 
 
 for vote on proposed charter not less than 30 HOT 
 more than GO days alter its delivery to clerk; clerk shall 
 publish with first publication of charter call for special 
 election to approve or reject charter. (Colo. XX 4.) 
 
 Shall he submitted to qualified voters at the aexl general 
 election thereafter. (.Minn. IV 36.) 
 
 Within 30 days after board returns draft to chief magis- 
 trate, proposed charter shall he submitted to qualified 
 voters, at general or special election. (Mo. IX 16.) 
 
 Within 30 days after hoard returns draft of Bcheme and 
 charter the city council and county court shall submit such 
 scheme to the qualified voters of the whole county and 
 such charter to the qualified voters of the city so enlarged, 
 at an election to be held not less than 20 nor more 
 than 30 days after the order therefor. A subsequent 
 charter shall be submitted at an election held not less 
 than 20 nor more than 30 days after the order therefor. 
 
 (Mo. IX 20, 22, St. Louis.) 
 
 Within not less than 30 days after publication charter 
 shall be submitted to qualified electors at general or 
 special election. (Nebr. XIa 2.) 
 
 Charter so framed shall be submitted to electors at election 
 held at time fixed by commission and within one year from 
 date of its election, provision for which shall be made by 
 the legislative authority of the municipality in so far as 
 not provided by general law. (Ohio XVI II S.) 
 
 Proposed charter shall be submitted to qualified electors. 
 
 (Wash. XI 10.) 
 Manner and Effect 
 
 If a majority of qualified electors noting thereon ratify 
 charter, it shall be submitted to the governor for his ap 
 proval and the governor shall approve it if it is not in con 
 flict with constitution and laws of state. Upon approval 
 charter shall become organic law of eitj and supersede 
 an\ charter, then existing and all amendments thereto, and 
 all ordinances inconsistent with new charter. (Ariz. XIII 
 
 2; Okla. XVIII 3a.) 
 
 If majority of electors voting thereon vote in favor of 
 charter it shall be deemed ratified and shall be submitted 
 to legislature, if in session, or at it- next regular or ex-
 
 U)lt ; State ( constitutions 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 Powkb 01 MiNHH'M.uv to Frame [ts Chabteb (Cont'd) 
 Ratification and Approval [Cont'd) 
 Manner m ' ont'd) 
 
 traordinarj session, for approval or rejection as a whole 
 without power of alteration or amendment. Such approval 
 shall 1"' made !■> concurrent resolution, and if approved by 
 majority of members elected to each house it shall become 
 charter and organic law and supersede existing charter and 
 : ,ll laws inconsistent. (Cal. XI TV-;, county, XI 8.) 
 [f approved by majority of those voting- thereon two copies 
 together with vote for and against, certified by clerk, shall 
 be filed with secretary of state within 10 days after vote 
 and shall thereupon be charter of city and county of Den- 
 ver. (Colo. XX 4.) 
 Bj majoritj vote of the qualified voters of city. (Tex. XI 5.) 
 1 1 four-sevenths of qualified voters voting at election ratify, 
 shall at end of 30 days thereafter become charter 
 of such . ■ 1 1 y or village as a city and supersede any exist- 
 in," charter and amendments, provided that in cities 
 having patrol limits now established, such charter shall 
 require a three-fourths majority vote of qualified electors 
 voting at election to change such limits. (Minn. IV 36.) 
 It four-sevenths of qualified voters voting at the election 
 ratify the charter, it shall, at the end of 30 days 
 thereafter, become the charter of such city and supersede 
 an\ existing charter or amendments thereof. (Mo. IX 16.) 
 It majority of qualified voters voting at such election shall 
 ratifj scheme and charter then scheme shall become the 
 organic law of the county and city, and charter the organic 
 law of the city, and at the end of 60 days thereafter 
 shall take the place of and supersede the charter of 
 St. Louis and all amendments thereof, and all special laws 
 relating to St. Louis county inconsistent with such scheme. 
 
 (Mo. IX 20, 22, St. Louis.) 
 [f majority of qualified voters voting thereon ratify charter 
 it -hall at end of tin days thereafter become the charter 
 of city and supersede any existing charter and all amend- 
 ments thereof. (Nebr. \la 2.) 
 It eharter is approved bj majority of electors voting thereon 
 it Bhall become charter at time fixed therein. (Ohio 
 
 XVIII 8.) 
 If majoritj of qualified electors voting thereon ratify, it 
 shall become charter and organic law and supersede any 
 ting charter and amendments, and all special laws in- 
 consistent. (Wash. XI 10.) 
 \li> rnativt s 
 submitting any charter or amendment, any alternative 
 article or proposition maj be presented and voted on 
 ratelj without prejudice to others. (Cal. XI 7%, 
 com, iv ; Colo. \\ 5; Wash. \1 10.)
 
 !m»i:\ Digest H» 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 Power of Mtjnicbpamtt to Frame Its Charteb [Cont'd) 
 Ratification and Approval (Cont'd) 
 
 Submission of Alternatives {Cont'd) 
 
 In submitting any charter or amendment any alternate 
 article or section maj be presented and voted on separately 
 without prejudice to others. (Minn. IV 36 ; Mo. IX 17; 
 
 Nchr. XIa 4.) 
 In submitting any charter or amendment separate proposi- 
 tions, whether alternative or conflicting or one included 
 within the other, may lie submitted at same time to be 
 voted on separately, and as between those so related if 
 more than one receive majority, proposition receiving 
 larger number of votes shall control as to all matters in 
 
 conflict. (Cal. XI 8.) 
 Rejection and Subsequent Submission 
 
 If charter is rejected, then within 30 days thereafter 21 mem- 
 bers of new charter convention shall lie elected at special 
 election to be called as before, who shall frame a charter 
 which shall be published ami submitted in like manner; 
 if again rejected, procedure shall he repeated (each special 
 election being within 30 days after each rejection) until 
 a charter is approved and certified, whereupon it shall become 
 the charter and organic law of the city and county and super- 
 sede existing charters and amendments. Note: this provision 
 probably relates only to first charter. (Colo. XX 4.) 
 If charter is rejected, then within six months mayor and council 
 or governing authority may call special election of 15 mem- 
 bers of new charter convention; if again rejected this pro- 
 cedure may be repeated until a charter is finally approved 
 by majority of those voting thereon. Members of each such 
 charter convention shall be elected at large and shall com- 
 plete labors within 60 days after their election. (ISTebr. XIa 3.) 
 Procedure Subsequent to Ratification and Approval 
 Copy to he Authenticated and Filed 
 
 Duplicate- certificates setting forth charter and its ratifica- 
 tion shall be signed by chief magistrate of city and au- 
 thenticated by its corporate seal: one copy shall be de- 
 posited in office of secretarj of state, and the other shall 
 be recorded ami deposited in archives of the city. (Ariz. 
 Mil -2; Minn. IV 36; Mo. IX 16; Okla. XVIII 3a.) 
 Duplicate copies of charter, certified and authenticated by 
 chairman and clerk of board of supervisors, under seal of 
 board and attested by county clerk, setting forth submis- 
 sion and ratification, shall be made after approval by 
 legislature; one shall be tiled in office of secretary of state 
 and other shall be recorded and filed in office of county 
 clerk. (Cal. XI 7%, county.) 
 One copy shall be. filed with secretary of state, one with 
 recOrder of county ami one in archives of city. (Cal. 
 
 XI 8.)
 
 l q 18 State Constitutions 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 ,,, wl , ; ,„ Mnu.ru.nv ro Fbakb Its Chart** (Contd 
 
 Procedure Subsequent to Ratification and Approval (Contd) 
 Cow to be Authenticated and Filed (Cont'd) 
 
 | U1 , copies of charter, if approved (together with vote for 
 and against), certified by clerk shall within 10 days after 
 vote be filed with secretary of state. (Colo. XX 4.) 
 
 DupHcate copies of scheme and charter, with certificate 
 appended, signed by mayor and presiding justice of county 
 court and authenticated by city and county seals, setting 
 forth the submission and ratification of scheme and 
 charter, shall he made; one shall be deposited in office of 
 secretary of state and other shall be recorded and de- 
 posited anmng archives of city. (Mo. IX 21, St. Louis.) 
 
 DupHcate certificates setting forth charter and its ratifica- 
 tion together with the vote for and against shall be made 
 and certified by city clerk and authenticated by corporate 
 sea] ,,,' city; one copy shall be filed with secretary of 
 state and the other deposited among the archives of city, 
 and shall thereupon become and be the charter of city. 
 (Inconsistent with provision under Ratification and 
 Approval- Manner and Effect.) (Nebr. XIa 2.) 
 
 i opj of charter or amendment shall be certified to secretary 
 of state within 30 days after referendum vote. (Ohio 
 
 XVIII 9.) 
 
 Judicial Notice 
 
 All courts shall take judicial notice of charter after copies have 
 been authenticated and filed. (Ariz. XIII 2; Cal. XI 7%, 
 county, 8; Minn. IV 36; Mo. IX 16, 21, St. Louis; Okla. 
 
 XVIII 3a.) 
 
 Contents of Charters 
 
 Mandatory Provisions 
 
 Charter shall provide: (1.) For constitution, regulation and 
 government of boards of supervisors, and election, terms, 
 compensation and number of members thereof. (2.) For 
 election or appointment, terms and compensation of 
 sheriffs, county clerks, treasurers, recorders, license and 
 tax collectors, public administrators, coroners, surveyors, 
 district attorneys, auditors, assessors and superintendents 
 
 of scl I-. (3.) For election and appointment, terms, 
 
 compensation and number of justices of the peace and 
 constables, or of judges and other officers of such inferior 
 courts as ma\ he provided by constitution or general law. 
 I for powers and duties of all county officers for their 
 removal and the filling of vacancies, and for consolidation 
 and segregation of county offices, provided that provisions 
 of charters relating to powers and duties of county officers 
 -hall be Bubjed to and controlled by general laws. 
 i I ' .. .i I'm assumption and discharge by county officers 
 of certain municipal functions of cities and towns whenever
 
 Index Digest 1019 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 Power of Municipality to Frame Its Charter (Cont'd) 
 Contents of Charters (Cont'd) 
 
 Mandatory Provisions (Cont'd) 
 
 the discharge bj county officers of such municipal functions 
 is authorized by general law or by the city or town 
 charter. (5.) For fixing and regulation by ordinance of 
 board of supervisors, of appointment and aumber of as- 
 sistants and other employees in the several county offices 
 and of the powers, duties, qualifications, compensation, 
 terms and manner of appointment and removal of such 
 persons. (G.) For compensation or fixing by board of 
 supervisors of compensation of such fish and game 
 wardens, probation and other olliccrs as may he provided 
 by general law. (Cal. XI 7 1 / 2 county.) 
 
 Charter shall designate officers who shall perform duties of 
 county officers; provide that departments of fire and police 
 and of public utilities and works shall be under such 
 civil service regulations as charter shall provide; and 
 provide for continuing, amending or repealing ordinances 
 of city and county. (The above provisions probably are 
 applicable only to city and county of Denver.) Charter 
 shall provide for reference on petition therefor of measures 
 passed by council to vote of electors and for initiative 
 by electors of ordinances by petition. (Colo. XX 2, 3, 
 
 4, 5.) 
 
 Charter shall provide for mayor or chief executive and two 
 houses of legislation, one of which shall be elected by 
 general ticket. (Sec. 22 of same article requires, how- 
 ever, that subsequent charters of St. Louis shall provide 
 for a chief executive and at least one house of legislation 
 to be elected by general ticket.) (Mo. IX 17, 20, 
 
 St. Louis.) 
 
 In adjustment of relations between city and county city 
 shall assume entire park tax, and in consideration of city 
 becoming proprietor of all county buildings and property 
 within the enlarged limits, it shall assume the whole ex- 
 isting county debt, and thereafter city and county of St. 
 Louis shall be independent of each other. City shall be 
 exempted from all county taxation. (Mo. IX 23. St. 
 
 Louis.) 
 
 Charter shall provide for mayor or chief magistrate, and a 
 legislative body of either one or two houses; if of two 
 houses at least one to he elected by general vote. (Minn. 
 
 IV 36.) 
 
 Charter shall provide for continuing, amending or repealing 
 city ordinances. ( Xebr. Xla 3.) 
 Optional Pro v is ions 
 
 Cities and towns hereafter organized under charters framed 
 and adopted under this constitution are hereby empow-
 
 [030 S mi Constitutions 
 
 MUNICIPAL HOME RULE [Cont'd) 
 
 lK ,,, \|iM,ii'\im to Fbame Its Charter (Cont'd) 
 Contents of Charters [('out''/) 
 Optional Provisions I Cont'd) 
 
 l. and cities and towns heretofore organized may 
 amend their charters so as to become likewise empowered 
 to make and enforce all laws and regulations in respect 
 to municipal affairs, Bubject only to the restrictions 
 imposed by their charters, and in respect to other mat- 
 ter- ihe\ shall be subjecl to and controlled by general 
 law-. ( ities and towns may in charter provide for per- 
 formance by county officers of certain municipal func- 
 tion- whenever the discharge of such municipal functions 
 by county officers is authorized by general laws or by 
 provisions of a county charter framed and adopted under 
 thi- constitution. Mai. XI 6.) 
 Charter of count} may provide for offices other than those 
 required by constitution and laws, or hereafter created 
 l.\ constitution or general laws or for creation of such 
 offices ly board of supervisors; for the election or ap- 
 pointment, terms and compensation of such officers or for 
 fixing of compensation by boards of supervisors; for the 
 formation, organization, government, powers and juris- 
 diction of road districts and highway construction divi- 
 Bions, and for the inclusion therein of any incorporated 
 city or town or part thereof by ordinance and assent of 
 majority of qualified electors; for the incurring of in- 
 debtedness and levying of taxes for such purposes, pro- 
 vided that such provisions shall be subject to special 
 regulations and conditions as may be imposed by legis- 
 lature. (Cal. XI 7%, county.) 
 Charier may provide that municipality may make and 
 enforce all laws and regulations in respect to municipal 
 affairs, Bubjed onlj to restrictions and limitations pro- 
 vided therein, and in respect to other matters it shall be 
 Bubjeci to general laws. Charter may provide for division 
 of city or city and county info boroughs or districts and 
 that each borough or district may exercise such general or 
 l\ municipal powers and in such manner as charter 
 
 provides. (Cal. XI S.) 
 
 rter for city or city and county framed under section S 
 
 'Ins article may provide: (1.) For the establishment. 
 
 regulation, government and jurisdiction of police and 
 
 QUnicipal curls and for the election, terms, qualifiea- 
 
 tnd compensation of judges of such courts, provided, 
 
 nunicipal courts shall never be deprived of the 
 
 -diction given inferior courts created by general law. 
 
 ,M " :| municipal curt has been established there shall 
 
 1 M, " r court inferior to superior court, and all mat- 
 
 - pending i„ inferior cuds within said territory shall
 
 Index Digest 1021 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 Power of Municipality to Fkamk Its Charter (Cont'd) 
 Contents of Charters ( Cont'd) 
 Optional Provisions (Cont'd) 
 
 become pending in municipal court. (2.) For the election, 
 terms, qualifications, compensation and number of mem- 
 bers of boards of education. (3.) For the terms and 
 election or appointment of boards of police commissioners 
 and for the constitution, regulation, compensation and 
 government of such boards and of municipal police force. 
 (4.) For the holding of municipal elections and the elec- 
 tion or appointment and terms of members of boards of 
 election, and for constitution, regulation, compensation 
 and government of such boards and their employees, and 
 for all expenses incident to any election. Plenary author- 
 ity is granted to cities or consolidated cities and counties 
 to provide for manner in which, method by which, times 
 at which and terms for which county and municipal offi- 
 cers and employees, whose compensation is paid by city 
 or by city and county, except judges of superior court, 
 shall be elected or appointed, and for their recall, re- 
 moval, compensation and assistants. All such provisions 
 of any charter heretofore adopted and which are in ac- 
 cordance herewith are hereby confirmed and declared valid. 
 (5.) For separation of any city of population more than 
 50,000 from county, and its formation into a consolidated 
 city and county. Any such city may frame charter for 
 such city and county government within prescribed terri- 
 torial boundaries, including contiguous territory in same 
 county, but not now included in said city. (Full and 
 detailed provision is made for the submission in form 
 prescribed and for securing the consent of majority of 
 electors of all incorporated cities and towns or unincor- 
 porated territory affected and for the apportionment of 
 debts and liabilities.) (6.) For annexing to any con- 
 solidated city and county contiguous territory in one or 
 more counties, provided that all such territory was at the 
 time of the original consolidation of the annexing city 
 and county within the county from which such annexing 
 city and county was formed together with territory then 
 or since joined in a county government with the area 
 of the original county not included in such consolidated 
 city and county. (Full and detailed provision is made 
 for the submission in form prescribed and for securing 
 the consent of majority of the electors of all incorporated 
 cities and towns or unincorporated territory affected and 
 for the apportionment of debts and liabilities.) Such 
 consolidated city and county shall possess all powers 
 conferred upon cities, cities and counties and counties in 
 so far as applicable. Legislature shall provide for the 
 formation of one or more counties out of remaining
 
 1022 State Constitutions 
 
 MUNICIPAL HOME RULE [Cont'd) 
 
 POWHJ 01 MrM.nvi.iTY to Frame Its Charter (Cont'd) 
 Contents of Charters (Cont'd) 
 Optional Provisions (Cont'd) 
 
 territory or for its transfer to adjoining county, subject 
 to approval 01 a majority of its electors voting thereon. 
 In such cases the restrictions imposed in section 2 of 
 this article and in section 3 of this article as to location 
 ,,, county lines shall not apply. Any city and county 
 formed under this section may retain name of city initi- 
 ating the consolidation. Provision may be made for es- 
 tablishmenf of a borough system of government, each 
 borough to have subordinate municipal powers. No prop- 
 erty in territory annexed shall be taxed for payment of 
 any indebtedness of city or county to which it is annexed, 
 outstanding at the date of annexation, and for which such 
 property was nut liable theretofore, except with the eon- 
 sent of a majority of the electors within such territory, 
 voting thereon. (7.) In all cases of annexation or con- 
 solidation, assumption of bonded debt of one part of ter- 
 ritory by the other may be made by majority vote of 
 electors voting thereon in part which shall assume such 
 debt. Legislature shall enact such general laws as are 
 necessary to carry out provisions of this section and such 
 general or special laws as are necessary to carry out the 
 provisions of subdivisions 5 and 6 hereof. (Cal. XI 8^.) 
 
 Charter of city, city and county, or county may provide 
 manner of election, of elective officers, and prescribe a pro- 
 portion of votes higher than the plurality fixed by con- 
 stitution as necessary for a choice. (Cal. XX 13.) 
 
 Officers of city and county of Denver shall be such as by 
 election or appointment may be provided for in charter; 
 jurisdiction, term, duties and qualifications of such officers 
 -hall be such as charter may provide. (Colo. XX 2.) 
 
 Charter and amendments shall always be in harmony with 
 and subject to constitution and laws of Missouri, except 
 only that provision may be made for the graduation of the 
 rate of taxation for city purposes in portions of city 
 added by proposed enlargement. (Mo. IX 23, St. Louis.) 
 
 Cities and towns may provide for manner of exercising 
 initiative and referendum powers as to municipal legisla- 
 tion, but not more than 10 per cent, of voters may be 
 required to order referendum, nor more than 15 per cent. 
 to propose any measure by the initiative. (This provision 
 is found in section relating to initiative and referendum 
 and it is not dear whether provision referred to is to be 
 made in charter.) (Ore. IV la.) 
 
 ' '*3 m *l 1,v >' assess and collect such taxes as may be 
 authorized by law or by charter, but no tax for any pur- 
 pose for any year shall exceed 2V 2 per cent, of the taxable 
 
 property. (Tex. XI 5.)
 
 Index Digest 1023 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 Power of Municipality to Frame Its Charter (Cont'd) 
 Contents of Charters (Cont'd) 
 Restrictions Upon 
 
 If any officer of city or county of Denver received anj com- 
 pensation he or she shall receive same as stated salary, 
 amount of which shall be fixed bj charter and paid out of 
 the treasurj of city and county in equal monthly pay- 
 ments. No charter shall diminish tax rate for state 
 purposes fixed by act of general assembly <>r interfere in 
 any way with collection of state taxes. (Colo. XX 2, 5.) 
 No charter or amendment shall diminish tax rale for state 
 purposes fixed by act of legislature, or interfere in any 
 way with collection of state taxes. (Nebr. XIa 4.) 
 No tax for any purpose for any year shall exceed 2% per 
 cent, of taxable property of city, and no debt shall be 
 created by city unless provision is made to assess and 
 collect annualh sufficient sum to pay interest and create 
 sinking fund of at least 2 per cent. (Tex. XI 5.) 
 Relation of Charter and Laws of State 
 
 Charter shall be consistent with and subject to laws of state. 
 (Ariz. XIII 2; Minn. IV 30; Mo. IX 16, 20, St. Louis; Nebr. 
 XIa 2; Okla. XVIII 3a; Wash. XI 10.) 
 Charter shall be subject to general laws of state. (Mich. VIII 
 
 21; Tex. XI 5; Wash. XI 10.) 
 The provisions of charters relating to the powers and duties of 
 boards of supervisors and all other county officers shall be 
 subject to and controlled by general laws. All elective officers 
 of counties, townships, road districts and highway construc- 
 tion districts shall be nominated and elected as provided bj 
 general law. Whenever a county has adopted a charter and 
 the same has been approved by legislature, the general laws 
 passed under sections 4 and 5 of this article shall, as to such 
 county, be superseded by charter as to matters for which 
 under this section it is competent to and has made provision 
 in charter, except as herein otherwise expressly provided and 
 except that all elective officers of county or district, township 
 or division thereof, in office when charter goes into effect shall 
 continue to hold office until expiration of term for which 
 elected unless sooner removed in manner provided by law. 
 Provisions of charter relating to road districts and highwaj 
 construction divisions shall be subject to such regulations and 
 conditions as may be imposed by legislature. (Cal. XI T 1 ^, 
 
 county.) 
 
 No charter shall diminish tax rate for state purposes fixed by 
 
 general assembly or interfere, in any way with collection of 
 
 state taxes. (Colo. XX 5.) 
 
 Charter and ordinances made pursuant thereto as to municipal 
 
 and local matters shall supersede within jurisdiction of city 
 
 or town any law of state in conflict. Statutes of state, so far
 
 K r State ( Institutions 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 j,,,,. m, N1 , 11-ality to Frame Its Chabteb (Cont'd) 
 
 Relation of Charter and Laws of State (Cont'd) 
 
 applicable, shall apply to cities and towns except in so far 
 ded by charters or ordinances passed pursuant to 
 such charters. (Colo. XX 6.) 
 Legislature may provide general laws relating to affairs of cities, 
 application of. which may be limited to cities of over 50,000 
 inhabitants, of 50,000 and not less than 20,000, of 20,000 and 
 no! Less than 10,000, or of 10,000 or less., which shall be para- 
 mount while in force to provisions relating to same matter 
 in charter; but no local charter, provision or ordinance passed 
 thereunder shall supersede any general law defining or punish- 
 ing crimes or misdemeanors. (Minn. IV 36.) 
 Notwithstanding the provisions of this article the general assem- 
 bly shall have the same power over the city and county of 
 St. Louis that it has over other cities and counties of the state. 
 
 (Mo. IX 25, St. Louis.) 
 
 I he legislative assembly shall not enact, amend or repeal any 
 
 charter or act of incorporation for any municipality, city or 
 
 town. Charter shall be subject to criminal laws (and possibly 
 
 to local option law) of state. (Ore. XI 2.) 
 
 Charter shall be subject to such limitations as may be prescribed 
 
 by legislature. (Tex. XI 5.) 
 
 General Provisions as to Elections 
 
 Every special election under provisions of this section shall be 
 called by board of supervisors by ordinance which shall specify 
 purpose and time of election, establish the election precincts 
 and designate the polling places and election officers. Such 
 ordinance prior to election shall be published five times in 
 daily newspaper, or twice in weekly newspaper if there be no 
 dailj newspaper printed, published and circulated in county, 
 and if no daily or weekly newspaper, then a copy of ordinance 
 shall be posted by county clerk in at least three public places 
 and nn or near the entrance to a public school in each school 
 district. In all other respects every such election shall be 
 held and conducted in same manner as provided by law for 
 neral election. Whenever boards are elected or proposed 
 charter or amendments submitted at general election, the gen- 
 ii laws, applicable to election of county officers and submis- 
 sion of propositions to vote, shall be followed in so far as 
 
 applicable. (Cal. XI 7y 2 , county.) 
 IVneiitages of registered electors required for election of free- 
 holders or submission of amendments shall be calculated upon 
 total voic cast at last preceding general state election and 
 the qualified electors shall be those whose names appear upon 
 registration records of same or preceding year. Election laws 
 "' ( "> '"' citj and county shall, as far as applicable, govern 
 elections held under authority of this section. (Cal. XI 8.)
 
 l.MlKX DlUKST 1025 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 Poweb of Municipality to Fuamk Its (iiaktkk [Go9/t'd>) 
 General Provisions as to Elections (V,,nt'il) 
 
 All elections and submission of questions shall be conducted by 
 election authorities prescribed by general law. Percentage of 
 electors required to Bign petition shall be based on total vote 
 at last general municipal election. (Ohio XVIII 14.) 
 
 All elections shall be had only upon notice specifying object of 
 election, given for at least 10 days before election, in every 
 election district. Su. li eleoticgie may be cither general or 
 special, and except as otherwise provided in this section, shall 
 be governed by law regulating or controlling general or 
 special elections in city. (Wash. XI 10.) 
 Amendment and Revision 
 
 Charter may be amended by amendments, proposed and sub- 
 mitted by legislative authority of city to the qualified electors 
 (or by petition as hereinafter provided), at a general or 
 special election and ratified by majority of qualified electors 
 voting thereon and approved by governor as provided for the 
 approval of the charter. (Inference to petition is ambiguous.) 
 
 (Ariz. XIII 2, 3.) 
 
 Charter may be amended by proposals submitted by board of 
 supervisors to electors at general or special election not less 
 than 30 days nor more than 60 days after publication or 
 posting of proposals in same manner as provided for original 
 charter. If majority of electors voting thereon vote in favor 
 of proposed amendment, such amendment shall be deemed 
 ratified and shall be submitted to legislature if in session, 
 or at next regular or extraordinary session, for approval 
 as a whole, without power of alteration or amendment, 
 and if approved by legislature, charter shall be amended 
 accordingly. Copy of amendment shall be authenticated and 
 filed as provided for original charter. Whenever petition, 
 signed by 10 per cent, of electors of county, computed upon 
 total number of votes cast in county for all candidates for 
 governor at last general election at which governor was 
 elected, is filed in office of county clerk, petitioning board of 
 supervisors to submit any proposed amendment set forth in 
 full in such petition, such petition shall be examined and 
 certified by county clerk and if signed by requisite number 
 of electors shall be presented to board of supervisors, as 
 provided for petitions for election of board of freeholders. 
 Upon presentation of petition, board of supervisors must sub- 
 mit proposed amendment in same manner as provided for 
 submission of amendment proposed by board. (Cal. XI 7 1 .. . 
 
 county.) 
 
 Charter may be amended by proposals submitted by legislative 
 body of city on its own motion or on petition signed by 15 
 per cent, of registered electors, or both. Proposals shall be 
 submitted only during six months next preceding regular 
 
 33
 
 1026 State Constitutions 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 POWKB OF Ml.Mi ll'ALITY to Frame Its Charter (Cont'd) 
 Amendment and Revision (Cont'd) 
 
 -sion of legislature or before the final adjournment of such 
 session and at either a general election or special election 
 tailed for i In- purpose. Petitions for submission of amendment 
 shall be filed with legislative body of city or city and county, 
 not Less than 60 days prior to general election next pre- 
 ceding regular session of legislature. Signature on petitions 
 -hall be verified by authority in charge of registration records 
 of city <t city and county and expenses of verification shall 
 be provided by legislative body. If petitions have sufficient 
 signatures legislative body shall submit proposed amendment 
 to electors. Amendments proposed by legislative body and 
 amendments proposed by petition may be submitted at same 
 election. Amendments shall be advertised in same manner as 
 a proposed charter and election held on day fixed by legis- 
 lative body not less than 40 nor more than 60 days after 
 completion of advertisement in official paper. If majority 
 voting on any amendment vote in favor it shall be deemed 
 rati lied and shall be submitted to legislature at regular session 
 next following such election and approved or rejected without 
 power of alteration in same manner as provided for charter. 
 
 (Cal. XI 8.) 
 Citizens of city and county of Denver shall have exclusive power 
 to amend charter or adopt new charter. A number of qualified 
 electors, not less than 5 per cent, of next preceding guber- 
 natorial vote, may petition council for charter amendment or 
 charter convention. Council shall submit same to vote at 
 next general election not held within 30 days after filing 
 of petition. If such petition is signed by number of qualified 
 electors not less than 10 per cent, of next preceding guber- 
 natorial vote, with request for special election, council shall 
 submit it at special election to be held not less than 30 
 nor more than 60 days from filing of petition, provided 
 that any question so submitted at special election shall not 
 again be submitted at special election within two years there- 
 after. Whenever question of charter convention is carried by 
 majority of those voting thereon, convention shall be called by 
 special election ordinance and convention held, charter sub- 
 mitted and expenses paid as provided for adoption of original 
 charter. The clerk shall publish with his official certification 
 Hire,, times, a week apart, in official newspaper, full text of 
 charter, amendment or proposal for convention or alternative 
 article or proposition, the first publication to be with his call 
 for general or special election. Within 10 days after vote 
 i lerk shall publish once in said newspaper full text of any 
 charter, amendment, proposal for convention, or alternative 
 article or proposition, approved by majority voting thereon 
 and shall file with secretary of state two copies thereof (with
 
 Index Digest 1027 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 Power of Municipality to Frame Its Ciiaktkk (Cont'd) 
 Amendment and Revision (Cont'd) 
 
 vote for and against) officially certified by him, which shall 
 go into effect from date of filing. He shall also certify to 
 secretary of state (with vote for and against) two copies of 
 every defeated alternative article or proposition, charter, 
 amendment or proposal for convent ion. Signatures to peti- 
 tions need not all be on one paper. Nothing herein or else- 
 where shall prevent council from adopting automatic vote 
 registers. No charter or amendment adopted or defeated under 
 provisions of this amendment shall be amended, repealed or 
 revised except by petition and electoral vote. (Colo. XX 4, 5.) 
 
 Charter may be amended only by proposal made by board, pub- 
 lished for at least 30 days in three newspapers of general 
 circulation and accepted by three-fifths of qualified voters vot- 
 ing at next election. Legislature may prescribe duties of 
 commission (board) relative to submitting amendments, and 
 shall provide that upon application of 5 per cent, of legal 
 voters by written petition commission shall submit proposed 
 amendments set forth in petition. (Minn. IV 36.) 
 
 Charter may be amended only by proposal made by lawmaking 
 authorities of city, published for at least 30 days in three 
 newspapers of largest circulation in city, one of which shall 
 be printed in German language, and accepted by three-fifths 
 of qualified voters voting at a general or special election. 
 
 (Mo. IX 16.) 
 
 Charter may be amended by proposals submitted by lawmaking 
 authorities of city to qualified voters at general or special 
 election held at least 60 days after publication of proposals 
 and accepted by three-fifths of qualified voters voting for or 
 against each amendment so submitted. Lawmaking authori- 
 ties of city may order election by qualified voters of board of 
 13 freeholders to prepare new charter, which shall be" in 
 harmony with and subject to constitution and laws of state 
 and shall provide for chief executive and at least one house 
 of legislation elected by general ticket. Revised charter shall 
 be submitted to qualified voters at election held not less than 
 20 days nor more than 30 days after the order therefor, 
 and if majority of voters voting at such election ratify charter 
 it shall become organic law of city and 60 days thereafter 
 shall take effect and supersede charter and all special laws 
 inconsistent therewith. (Mo. IX 22, St. Louis.) 
 
 Charter may be amended or convention called by proposal made 
 by lawmaking body or by qualified electors in numbers not 
 less than 5 per cent, of next preceding gubernatorial vote in 
 said city by petition filed with council or governing authori- 
 ties, who shall submit same to vote of qualified electors at 
 next general or special election not held within 30 days 
 after such petition is filed. Whenever question of charter
 
 10$ State CoNSTiarunbNs 
 
 MUNICIPAL HOME RULE (Con;' 
 
 i'M.nv tii Ebame Its Charteb (Cont'd) 
 Amendment and Revision (Cont'd i 
 
 uion is carried by majority voting thereon convention 
 -Ik. 11 be called through special election ordinance. City clerk 
 shall publish with his official certification three weeks, a week 
 apart, in the official paper of city, and if there be 'no official 
 paper, then in at hast one newspaper published and in general 
 circulation in city, the full text of any charter or amendment 
 to be l ■ at any general or special election. Xo charter 
 
 or a men dm- nr >liall be amended or repealed except by electoral 
 re. All amendments shall be authenticated in same manner 
 provided for charter and shall be filed with secretary of 
 ; i nd deposited in archives of city. (Nebr. XIa 2, 4.") 
 Amendments may be submitted to electors by two-thirds -vote 
 of I ive authorities of municipalities, and upon pe- 
 
 tition signed by 10 per cent, of electors, setting forth any 
 such proposed amendment, shall be submitted by such legis- 
 lative authorities: Submission of amendments shall be gov- 
 erned by requirements of section 8 as to submission of ques- 
 tion of choosing charter commission and copies shall be mailed 
 to electors as provided for copies of proposed charter. If any 
 such amendment is approved by majority of electors voting 
 thereon it shall become part of charter. (Ohio XVIII 9.) 
 Charter may be amended by proposals submitted by legislative 
 air to qualified electors (or by petition) at a 
 
 aeral or special election, ratified by majority voting thereon 
 and approved by governor as provided for approval of charter. 
 I' wer of initiative and referendum with reference to 
 amendment of charter is reserved to people of every municipal 
 corporation. Petition shall be signed by number of qualified 
 rs, equal to 25 per cent, of total number of votes cast 
 at next preceding election, and filed with chief executive officer 
 of municipality. He shall submit it to electors at next elec- 
 tion of any officers of city, and if a majority of those voting 
 thereon ratify, it shall become amendment 'to and part of 
 charter when approved by governor and filed as required in 
 original charter. (Okla. 3a, 4a, b, e.) 
 iter may be. amended by majority vote of qualified voters at 
 election held for that purpose, subject to such limitations as 
 may be prescribed by legislature, and provided that no charter 
 hall be altered, amended or repealed oftener than every two 
 
 years. (Tex. XI 5.) 
 Charter may be amended by proposals submitted by legislative 
 authority of city to electors at any general election after 
 published as required for charter, and ratified by ma- 
 jority of qualified electors voting thereon. (Wash. XI 10.) 
 Constitutional Provision Self-Executing . 
 
 J his article shall be in all respects self-executing. (Colo. XX 6.)
 
 Index Digest 1029 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 Power of Municipality to Frame Its ( h\k:i: ir„„r,/i 
 Constitutional Provision Not Self-Executing 
 
 Before any city shall incorporate under this act the Legislature 
 shall prescribe general limits within which charter shall ho 
 
 teamed. I Minn. IN' 36.) 
 Surrender of Charter 
 
 Charter of any county may be surrendered and annulled with 
 assent of two-thirds of electors voting at special elect inn 
 called by board of supervisors upon receipt of petition, signed 
 and certified as provided for the purposes of adoption of 
 charters, requesting board to submit question of surrender 
 and. annulment of charter. In event of surrender and annul- 
 ment, county shall thereafter be governed under general laws. 
 
 (Cal. XI 7%, county, i 
 Violation of Charter Criminal 
 
 Any act in violation of a charter, or of any ordinance tie ro- 
 under, shall be criminal and punishable as such when so pro- 
 vided by any statute now or hereafter in force. (Colo. XX 6.) 
 Expenses 
 
 Expenses of charter convention shall be paid out of the treasury 
 on order of president and secretary thereof. Expenses of 
 elections shall be paid out of treasury on order of council. 
 Every ordinance for election of charter convention members 
 shall specify compensation, if any. to be paid to officers and 
 members, allowing no compensation in case of non-attendance 
 or tardy attendance. (Colo. XX 4.) 
 Special Provisions as to Particular Charters 
 
 Charter of city and county of San Francisco may be amended in 
 addition to method and times provided in article VI. section 
 S. in the following particulars: (a) Authorizing San Fran- 
 cisco to issue bonds not exceeding $5,000,01)0, and to turn over 
 the proceeds to the Panama-Pacific International Exposition 
 Company for the purposes of the exposition. (b) Providing 
 that such debt shall be exclusive of the debt limit in article 
 XII, section 9, of said charter. (c) Granting to exposition 
 company exclusive possession and use of certain streets, parks, 
 and other public lands for a period terminating not later than 
 one year after closing of exposition. Proposals to amend 
 charter as above may be submitted to electors by the legis- 
 lative authority of city at a general or special election after 
 such publication as shall be determined by said legislative au- 
 thority. Upon ratification by a majority voting thereon, 
 amendment shall become operative immediately without neces- 
 sity of approval by legislature. Any acts in submitting and 
 voting upon such amendments, already performed, are hereby 
 validated as if performed subsequent to adoption of this 
 amendment. Exposition company shall account for all suck 
 funds by itemized statement filed with auditor of San Fran- 
 cisco. (Cal. XI Sa.)
 
 1 . .:J0 S I A IK Constitutions 
 
 MUNICIPAL HOME RULE (Cont'd) 
 
 POWEB OF MfMl II'AI.ITY TO FRAME ITS CHARTER (Cont'd) 
 
 Special Provisions as to Particular Charters (Cont'd) 
 
 XU provision charters of city and county of Denver and of 
 
 cities of Pueblo, Colorado .Springs and Grand Junction, and of 
 any other city, heretofore filed with secretary of state which 
 are nol in conflict with this article (which also grants certain 
 powers to cities) and all elections heretofore had under and 
 pursuant thereto are hereby ratified, affirmed and validated 
 as of their date. The provisions of section 6 (which grants 
 i uiin powers to cities and towns, extends to them the same 
 powers as to framing charters conferred upon the city and 
 county of Denver in sections 4 and 5, and also contains ad- 
 ditional provisions as to framing charters) shall apply to the 
 city and county of Denver. (Colo. XX 6.) 
 City of St. Louis may extend its limits so as to embrace the 
 parks now without its boundaries and other convenient and 
 contiguous territory, and frame a charter for government of 
 city thus enlarged. * » * Board of freeholders shall pro- 
 pose a scheme for the enlargement and definition of the 
 boundaries of the city, the reorganization of the government 
 of t lie county, the adjustment of the relations between the 
 city thus enlarged and the residue of St. Louis county, and 
 the government of the city thus enlarged by a charter. Scheme 
 shall be submitted to voters of whole county, and charter to 
 voters of city. (Mo. IX 20, St. Louis.) 
 
 MUNICIPAL SUBDIVISIONS OF STATE, Si c Municipalities. 
 
 MUNICIPALITIES 
 
 ' nder litis titlt are also digested provisions relating, a 1 ? specified in the 
 
 entries, to municipal corporations and to civil divisions of state, 
 
 municipal divisions of state, municipal subdivisions of state, parishes 
 
 [New Eapips-hwi i. political corporations, jiolitical divisions of state, 
 
 litieal subdivisions of state, precincts, public corporations, sub- 
 
 isions of state, and wards. 
 
 For provisiom relating to counties, rides, towns, villages, boroughs, 
 
 toumships and districts, See those titles respectively. 
 1 '■' provisions relating to eminent domain and excess condemnation, See 
 
 Eminent Domain. 
 s relating to initiative and referendum, See Initiative and 
 
 Referendum. 
 ' ' ' >"' relating to town plats, See Roads. 
 
 io\ nn Organization 
 
 nona relating to power of municipality to frame its charter, 
 Municipal Home Rule — Power of Municipality to Frame 
 
 its Charter. 
 In General 
 
 to provide by general laws for organization of 
 municipal rations. (S.C. VIII 1; S.D. X 1; Wyo. 
 
 XIII 1.)
 
 Index Digest 1031 
 
 MUNICIPALITIES {Cont'd) 
 
 Incorporation and Organization (Cont'd) 
 In General {Cont'd) 
 
 Municipal corporations not to be organized without consent of 
 majority of (lectors residing within district proposed to be 
 incorporated; consent to be ascertained in manner and under 
 regulations prescribed by law. (Wyo. XIII 2.) 
 Legislature may make " special provision for municipal govern- 
 ment and for the protection of chartered rights and powers 
 
 of municipalities". (S.C. VII 11.) 
 Legislature to provide by general laws for organization of 
 
 municipalities. (N.I). VI 130.) 
 Legislature may provide for establishment, government, and 
 abolishment of municipalities, may alter and amend pro- 
 visions for government, and in case of abolishment shall pro- 
 vide for protection of creditors. ( Fla. VIII 8. ) 
 Legislature to establish uniform system of government for 
 municipalities " which shall be applicable except in cases 
 where local or special laws are provided by the legislature 
 that may be inconsistent therewith". (Fla. Ill 24.) 
 Legislature to provide by general laws for organization of 
 
 precincts. (Utah XI 4.) 
 
 Trecmcts existing at time adoption of constitution recognized 
 
 as legal subdivisions of counties and continued until changed 
 
 by law in pursuance of constitution. (Utah XI 1.) 
 
 Creation of municipal corporations by special laws prohibited. 
 
 (Ariz. XIII 1; Cal. XI 6; Okla. XVIII 1; Utah XI 5; Wash. 
 
 XI 10.) 
 
 Special local or private laws changing lines or boundaries of 
 
 wards, forbidden. (Ala. IV 104; Ky. 59; S.D. Ill 23; Utah 
 
 VI 26.) 
 Local or special legislation incorporating or erecting or chang- 
 ing the lines of wards, forbidden. (Minn. IV 33.) 
 Creation of municipal corporations excepted from provisions 
 forbidding creation of corporations by special laws. (N.Y. 
 
 VIII 1.) 
 Nothing in constitution to " annul any charters to bodies politic 
 and corporate " made by king of England or his representatives 
 before Oct. 14, 1775. (N.Y. I 17.) 
 Nothing in constitution to " affect " any charter to bodies politic 
 and corporate made by the state or persons acting under its 
 authority after Oct, 14*, 1775. (N.Y. I 17.) 
 Private, local or special legislation amending, confirming or 
 extending charters of private municipal corporations or re- 
 mitting the forfeiture thereof forbidden; but this not to pre- 
 vent legislature altering or rearranging boundaries of city, 
 
 town or village. (Ala. IV 104.) 
 Extension or amendment of charters may be by special law 
 (this an exception to general provision). (Ida. XI 2.)
 
 j (i: ; L . State Constitutions 
 
 MUNICIPALITIES 'd) 
 
 , N , :1 ORGANIZATION (C<»lC<h 
 
 In General (Cont'd) 
 
 - nre may "erect and constitute municipal or city gov- 
 ernment in any corporate town" of not less than 12,000 in- 
 habitants " with the consent and on the application of a 
 majority of the inhabitants " present and voting at a meeting 
 held for that purpose. (Mass. Amend. II.) 
 Municipalities continued with same names, boundaries and rights 
 until changed in accordance with constitution and laws of 
 
 state. (N.M. XXII 12.) 
 iters, ordinances and provisions relating to municipal cor- 
 porations to remain in force till legally changed unless incon- 
 -i-tent with constitution; "but legislature may modify or 
 
 abrogate". (N.C. VII 12, 14.) 
 On all questions submitted to vote of taxpayers of political sub- 
 division of state women, otherwise qualified, to be eligible to 
 
 vote. (Mont. IX 12.) 
 Powers of initiative and referendum reserved to people of mu- 
 nicipality on all questions which the municipality is or may 
 be authorized bv law to control by legislative action. (Ohio 
 
 II If.) 
 
 Laws "submitting town and corporate acts" may be made to 
 
 take effect or not upon vote of electors interested. (Ore. 
 
 I 21.) 
 Legislature, or people by initiative, may enact general law pro- 
 viding method whereby incorporated city, town or municipal 
 corporation may surrender its charter and be merged into 
 adjoining city or town, provided majority of electors of each 
 incorporated city, town or municipal corporation affected au- 
 thorize such surrender or merger. (Ore. XI 2a.) 
 Classification 
 
 Legislature to provide by general laws for classification of mu- 
 nicipal corporations. Power of each class to be defined so that 
 no such corporation has any powers or is subject to any re- 
 strictions other than all of same class. ( S.C., VIII 1.) 
 Legislature to provide by general laws for classification of mu- 
 nicipal corporations. Number of classes not to exceed four. 
 Powers of each class to be defined by general law "so that 
 no such corporations shall have any powers or be subject to 
 any restrictions other than those of all corporations of the 
 same class ". (S.D. X 1; Wyo. XIII 1.) 
 Legislative Department 
 
 Vote of legislative body of municipality on elections to any 
 >.llice to be viva voce and entered on journals. (W.Va. VI 44.) 
 b 
 
 S« i ■'' ■■ i i i;i.h Officers. 
 In General 
 
 In all oases of contest for offices in municipalities appeal to lie 
 at instance of aggrieved party from any inferior board, coun-
 
 Index ])k;i &i 1033 
 
 MUNICIPALITIES (Cont'd) 
 Officers (Cont'd) 
 
 In General (Cont'd) 
 
 eil or tribunal to the circuit mint ori terms and conditions 
 on which appeals granted to that court in other cases and 
 on appeal case tin be tried >lr ntivo. < Ark. VII 51.) 
 Local or special legisiatibr) legalizing unauthorized nr invalid 
 acts of officers of municipalities prohibited. (Ky. 59; La. 4S : 
 
 Mm. CV 53.) 
 " Whenever practicable, tlie legislature may and whenever same 
 can be done without detriment to the public Bervice, shall 
 consolidate offices" in municipalities and when consolidated 
 "the duties of such additional office shall be performed under 
 an ex officio title". (Wyo. XIV 6.) 
 
 Accounting for Public Funds 
 
 See also below, this subdivision, Qualifications and Disquali- 
 fications. 
 
 Person convicted of embezzlement or defalcation of public funds 
 of municipality not to be eligible to any office of honor, trust 
 or profit under state and legislature to provide for punishment 
 as for felony. (Cal. TV 21.) 
 
 Legislature to provide for strict accountability of municipal and 
 precinct officers for fees collected and for all public and mu- 
 nicipal moneys paid to them or officially coming into their 
 
 hands. (Ida. XVIII 6.) 
 
 Legislature to provide as to fees collected by and all public 
 moneys paid to or which officially come into possession of 
 
 precinct officers. (Wash. XI 5.) 
 
 Xo person who has collected or been entrusted with public 
 money of municipal corporation to be eligible to legislature 
 or to any office of honor, trust or profit in the state until 
 he shall have duly accounted for and paid over such money 
 according to law. (W.Va. VI 14.) 
 
 Laws to be "enacted and enforced by suitable provisions and 
 penalties" requiring district and municipal officers who re- 
 ceive or whose duty it is to receive, hold or pay out money 
 for the use of or belonging to the state or any county, dis- 
 trict or municipal corporation to make annual account and 
 settlement therefor. Such settlement to be subject to excep- 
 tions and to take such direction arid have such fore and effect 
 as provided by law. Settlement to be recorded and open to 
 examination ur people dt auch convenient place as may be 
 
 fixed by law. (W.Va. VI 27.) 
 
 Appointment 
 
 Local or special legislation relating to appointment of officer-* 
 of wards, forbidden. (Minn. IV 33.) 
 
 Private, local and special law- appointing officers of munici- 
 palities, forbidden. (X.J. IV 7, 11.)
 
 1034 State Constitutions 
 
 MUNICIPALITIES [Cont'd) 
 Offices t'd) 
 
 Bonds 
 
 ling and guarantee company organized for purpose 
 doing surety or bonding business and authorized to do busi- 
 ness in the state may become surety on bonds of municipal 
 officers under such regulations as may be prescribed by law. 
 
 (Ark. XIX 21.) 
 Sureties of municipal officers to reside in and have sufficient 
 visible and unencumbered property not exempt from sale un- 
 der process to make good their liability in county in which 
 principal resides but duly organized, responsible guarantee or 
 - irety company, foreign or domestic, doing business in state 
 may be accepted as surety. ( Fla. XVI 13.) 
 
 Compensation 
 
 Se< also below, this title, Finances — Expenditures, Restric- 
 tions Upon — Extra Compensation to Officers and Con- 
 tractors. 
 Legislature to regulate compensation of municipal officers. (Cal. 
 
 XI 5.) 
 
 Where not provided by law, salaries of precinct officers to be 
 
 fixed by board of supervisors of each county and salaries so 
 
 tixed to be in effect until changed by general law. (Ariz. 
 
 XII 4.) 
 Compensation of precinct officers to be as prescribed by law. 
 
 (Colo. XIV 7.) 
 Legislature to regulate compensation o r precinct officers in pro- 
 portion to duties and for that purpose may classify districts 
 according to population. (Wash. XI 5.) 
 Salary, r ees, or compensation of civil officers not to be increased 
 or diminished during term for which elected or appointed. 
 
 (Ala. XVII 281.) 
 
 Legislature not to authorize or require and municipality not to 
 
 haw authority to increase or decrease fees and compensation 
 
 of any public officers during their terms of office. This does 
 
 not apply to allowances by commissioners' court or boards of 
 
 revenue to county officers for ex-ofjicio services. (Ala. IV 68.) 
 
 •■ nsation of municipal officers not to be increased after 
 
 Won or during term. (Cal. XI 9.) 
 
 -. salary or compensation of officer elected or appointed for 
 
 definite term not to be increased or diminished during term. 
 
 (111. IX 11.) 
 
 - 'tion of municipal officers not to be changed after elec- 
 
 ■" or appointment or during term. (Ky. 161; Wash. XI 8.) 
 
 on of municipal officers not to be increased during 
 
 term. (Mo. XIV 8.) 
 
 '•'" '•'' ' legislation fixing or relating to compensation, 
 
 ? or fees of officers of wards, forbidden. (Minn. IV 33.)
 
 Index Digest 1035 
 
 MUNICIPALITIES {Cont'd) 
 Officers (Cont'd) 
 
 Compensation [Cont'd) 
 
 Fees of executive or ministerial officers of municipalities ex- 
 clusive of salaries actually paid to necc>s;iry deputies not to 
 exceed $10,000 annually. (Mo. IX 13.) 
 
 Corrupt Practices, See below, this title, Corrupt Practices. 
 Creation of Offices 
 
 Legislature by general and uniform laws to provide for election 
 or appointment in the several counties, of such municipal offi- 
 cers as public convenience requires. (Cal. XI 5.) 
 
 Legislature to provide for election or appointment of such mu- 
 nicipal and precinct officers other than those mentioned in 
 constitution as public convenience requires. (Colo. XIV 12.) 
 
 Legislature to provide 1>\ general and uniform laws for such 
 municipal officers as public convenience requires. (Ida. XYIII 
 
 6.) 
 
 Legislature may provide for election or appointment of such 
 municipal officers other than those mentioned in constitution 
 as public convenience may require. (Mont. XVI G.) 
 Election 
 
 See also Elections. 
 
 Local or special legislation relating to election of officers of 
 wards, forbidden. (Minn. IV 33.) 
 
 Precinct officers to be elected at general election, on first Tues- 
 day after first Monday of November in even numbered year 
 and every two years. (Ariz. VII 11.) 
 
 At election candidates for ward offices receiving largest number 
 of votes to be elected. J.R.I. Amend. X 1.) 
 Fees 
 
 Legislature to establish fees to be collected for services performed 
 by municipal officers in manner and for uses provided by law, 
 and for this purpose may classify bounties by population. 
 
 (Cal. XI 5.) 
 
 All executive and ministerial officers of municipalities to make 
 quarterly returns to county court of fees received and salaries 
 paid to deputies and assistants, stating same in detail, veri- 
 fied by affidavit. Statement or omission therein to subject 
 them to penalties of perjury. (Mo. IX 13.) 
 
 Place of Office 
 
 Officers of municipalities and precinct- to keep place of office 
 at such place therein as prescribed by law. (Ore. VI 8.) 
 Powers and Duties 
 
 Legislature by general and uniform laws to prescribe duties of 
 
 municipal officers. (Cal. XI 5; Ida. XVIII 6.) 
 Precinct officers to perform such duties as prescribed by law. 
 
 (Ida. Will 11: Wash. XI 5.) 
 Local or special legislation creating or prescribing powers and 
 duties of officers of wards, forbidden. (Minn. IV 33.)
 
 STA IK COXSTITUTIOXS 
 
 MUNICIPALITIES {Cont'd) 
 
 Powers and Duties (Cont'd) 
 
 pi as otherwise provided in constitution duties of municipal 
 officers to be as prescribed by law- (Mo, IX 14.) 
 Municipal and preeinet officers to perform such duties as pre- 
 
 ibed by law. (Ore. \'l S.) 
 No person to hold office or employment of trust or profit under 
 any ordinance of any municipality without devoting his per- 
 il attention to duties thereof. (Colo. XII 2.) 
 "No person appointed or elected to any office or employment 
 of profit under * * or by virtue of any ordinance of any 
 municipality of this state shall hold such office or employment 
 without personally devoting his time to the performance of 
 the duties thereof." (-Miss. XIV 2G7.) 
 No person to hold elected or appointed office or employment of 
 trust or profit under any ordinance of any municipality with- 
 out "• personally devoting his time to the performance of the 
 duties" of such office or employment. (Mo. II 18.) 
 All persons holding office or employment of trust or profit under 
 municipality required to give personal attention to duties. 
 
 (Okla. II 11.) 
 Qualifications and Disqualifications 
 In General 
 
 In he qualified voter of municipality or political division 
 
 in which elected or appointed. (Ariz. VII 15.) 
 Parochial, municipal or ward officer must be citizen of state 
 and he qualified elector of state, district, parish, muni- 
 cipality or ward wherein functions of office to be per- 
 formed; change of residence from place thus required to 
 vacate office " any declaration of retention of domicile to 
 the contrary notwithstanding". (La. 210.) 
 To he residents of the political subdivision for which elected 
 
 or appointed. (N.M. V 13.) 
 Every person qualified to vote to be eligible to office in 
 "subdivision of state" where he resides except as other- 
 wise provided in the constitution and except that this 
 does not apply as to residence to office elective by people 
 where law provides otherwise. (Va. II 32.) 
 Only citizens entitled to vote to be elected or appointed. 
 
 (W.Va. IV 4.) 
 In departments or institutions involving interests or care of 
 women or children or both, women eligible to membership 
 in boards or to positions. (Ohio XV 4.) 
 - s " ! Beer, employee} attorney, or agent "of corporation, 
 company or association ", doing business under or by vir- 
 tue «if municipal charter or franchise to be eligible to 
 municipal office in the municipality granting such charter 
 
 or franchise. (Utah XII 17.)
 
 Index Digest 1037 
 
 MUNICIPALITIES {Cont'd) 
 
 Officers (Cont'd) 
 
 Qualifications and Disqualifications [Cont'W) 
 In 6-eneral (Cont'd) 
 
 X> eqUeotbB oti receiver of puttie mane; or his deputy or 
 assistant to be eligible to office of trust or profit under 
 laws of any municipality until he accounts for and pays 
 over all public money for which he is accountable. (Colo. 
 
 XII 3; Mo. II L9.) 
 Xo person in default as collector or custodian of money of 
 municipal corporation to he eligible to any office there- 
 under. (111. IX 11.) 
 Xo person entrusted with public money to be eligible to 
 legislature or any office of honor, profit or trust under 
 state government, or any parish or municipality until he 
 obtains discharge for all public money with which 
 
 entrusted. (La. 182.) 
 Dual Office Holding 
 
 Election officers ineligible for office filled at election at 
 which he serves except to such subordinate municipal or 
 local offices below grade of city or county officers as shall 
 be designated by law. (Ark. Ill 10.) 
 Xo person at same time to hold two municipal offices either 
 in same or different municipalities except as otherwise 
 provided by constitution. (Ivy. 165.) 
 Xo state officer or deputy or member of legislature to be 
 officer or employee of municipality; but notary public or 
 officer of militia not to be ineligible. ( Ky. 165.) 
 Xo person holding "lucrative office" under municipality to 
 be eligible to seat in legislature. Xo member of legislature 
 during term for which elected to be appointed to any 
 
 municipal office. (Mo. IV 12.) 
 " In cities or counties having more than 200,000 inhabitants, 
 no person shall, at the same time, be a state officer and 
 an officer of any county, eity or other municipality; and 
 no person shall, at the same time, fill two municipal offices, 
 either in the same or different municipalities; but this 
 section shall not apply to notaries public, justices of the 
 peace or officers of the militia." (Mo. IX IS.) 
 Removal 
 
 In case of municipalities governed under legally adopted charter, 
 provisions of such charter to control dismissal from office; but 
 this not to limit term of persons appointed during good 
 behavior under civil service laws of state or any political 
 
 division. (Cal. XX 16.) 
 District attorney may institute suit in district court of domicile 
 of officer, and in parish of Orleans in civil district court, for 
 .removal of municipal and ward officers, for high Crimea and 
 misdemeanors, non-feasance or malfeasance in office, incom- 
 petency, corruption, favoritism, extortion or oppression in office
 
 1038 State Constitutions 
 
 MUNICIPALITIES [Cont'd) 
 i >ri [< ebs l ( ont'd I 
 Removal I Cont'd 
 
 ur gross misconduct or habitual drunkenness; such suit to be 
 instituted on written request of 25 resident citizens and tax- 
 payers, who may enforce request by mandamus; all parties, in- 
 cluding petitioning taxpayers, authorized to appeal; if officer 
 acquitted, petitioning citizens liable to cost. Detailed provision 
 f..r preference of appeal. Pending suit not to operate as sus- 
 ii of accused officer. (La. 217, 222.) 
 Legislature may authorize governor to remove and appoint officers 
 of municipal corporations under regulations prescribed by law. 
 
 (Miss. V 139.) 
 Drunkenness while in office to constitute sufficient cause for 
 impeachment or removal. (Okla. II 11.) 
 Selection 
 
 Legislature by general and uniform laws to provide for election 
 or appointment in the several counties, of such municipal 
 officers as public convenience requires. (Cal. XI 5.) 
 Legislature to provide for election or appointment of such muni- 
 cipal and precinct officers other than those mentioned in con- 
 stitution as public convenience requires. (Colo. XIV 12; 
 
 Mont. XVI 6.) 
 
 I egislature to provide by general and uniform laws for such 
 
 municipal and precinct officers as public convenience requires. 
 
 (Ida. XVIII 6.) 
 
 Legislature to provide by general and uniform laws for election 
 
 of such precinct officers as public convenience may require. 
 
 (Wash. XI 5.) 
 Exefepl as otherwise provided by constitution legislature to pro- 
 vide tor election or appointment of such municipal officers as 
 public convenience may require. (Mo. IX 14.) 
 
 ii municipal and precinct officers as may be necessary other 
 than those mentioned in the constitution to be elected or 
 appointed as prescribed by law. (Ore. VI 7.) 
 Term 
 
 Legislature by general and uniform law to prescribe term of 
 
 municipal officers. (Cal XI 5; Ida. XVIII 6.) 
 Except as otherwise provided by constitution term of municipal 
 iecrs to be as prescribed by law. but not to exceed four years. 
 
 (Mo. IX 14.) 
 Terms of municipal and precinct officers provided for by legisla- 
 ture and not mentioned in constitution; to be prescribed by 
 law but not to exceed two years. (Colo. XIV 12; Mont. XVI 6.) 
 Term of elective municipal officers to be such even number of 
 years not exceeding four as may be prescribed by legislature. 
 
 (Ohio XVII 2.) 
 
 Term ..f municipal officers not to be extended beyond time for 
 
 which elected or appointed. (Cal. XI 9; Ky. 161; Mo. XIV 8; 
 
 Wash. XI 8.)
 
 Index Digest 1039 
 
 MUNICIPALITIES (Cont'd) 
 Officers . (Cont'd) 
 Term (Cont'd) 
 
 Terms of precinct officers to be fixed by legislature. (Wash. 
 
 XI 5.) 
 
 In case of municipalities governed under legally adopted 
 
 charter, provisions of such charter to control; but this nut to 
 
 limit term of employees appointed during good behavior under 
 
 civil service laws of state or any political division. (Cal. 
 
 XX 1.1.) 
 Every person holding any civil office under any municipality shall 
 unless removed according to law exercise duties of such office 
 until successor is duly qualified; but this does not apply to 
 "members of any board or assembly" two or more of whom 
 are elected at same time; and legislature may provide for 
 suspending officer in his functions pending Impeachment or 
 prosecution for misconduct in office. (Colo. XII 1.) 
 Municipal officers to continue in office until successors duly 
 
 qualified. ( l'la. XVI 14.) 
 Vacancies 
 
 Change of residence of municipal or ward officer from place 
 required to vacate office " any declaration of retention of domi- 
 cile to the contrary notwithstanding". (La. 210.) 
 Vacancies in municipal and precinct offices to be filled in manner 
 
 prescribed by law. (Ore. VI 9.) 
 County commissioners to fill by appointment Vacancies in pre- 
 cinct offices and appointees to hold until next general election 
 and successors qualify. (Mont. XVI 5; Wash. XI 6.) 
 Employees 
 
 See also Labor — Public Work. 
 
 Provisions of legally adopted charter with reference to tenure of or 
 dismissal from office to control (proviso to provision limiting 
 terms to four years). (Cal. XX 16.) 
 All appointments and promotions in civil service of civil division 
 of state to be made " according to merit and fitness to be ascer- 
 tained so far as practicable by examination which so far as prac- 
 ticable shall be competitive": but citizen veterans of Civil war 
 resident in state to be entitled to preference without regard to 
 standing on eligible list: laws to be passed to enforce this section. 
 
 (N.Y. V 9.) 
 Legislature may regulate and fix wages and salaries and hours of 
 work and make provision for protection, welfare and safety of 
 employees of civil division of state. (N.Y. XII 1.) 
 
 Corrupt Practices 
 
 Bribery and Corrupt Solicitation 
 
 See also Public Officers — Bribery. 
 
 Corrupt solicitation of public officers of "municipal division of 
 state " and occupation or practice of solicitation of such per- 
 sons to influence their official action, to be defined by law and
 
 1( ,40 UK (AcvSTIlUTIOXS 
 
 MUNICIPALITIES [Cont'd) 
 
 I own pi I - (Cont'd) 
 
 Bribery and Corrupt Solicitation (Cont'd) 
 
 uaiBhablei by line and imprisonment. (Colo. V 42; Mont. V 
 
 p a< Ill 31; Wash. II 30; Wyo. Ill 45.) 
 
 Testimony of corrupt solicitation of officers of "municipal divi- 
 
 Lti " may be compelled with immunity from prosecu- 
 
 :i except for perjury. (Pa. Ill 32; 'Wash. II 30; Wyo. Ill 
 
 44.) 
 ■ rupt solicitation of public officers of " municipal division of 
 iic" and occupation or practice of solicitation of such per- 
 sons to influence their official action, to be defined by law and 
 punished by fine and imprisonment in penitentiary. (Ala. 
 
 IV 81.) 
 ( orru.pt solicitation of public officers of "municipal division of 
 ate" and any effort towards solicitation of such officers to 
 influence their official action, to be defined by law and punished 
 by tine or imprisonment. (S.D. Ill 28.) 
 Testimony of corrupt solicitation of officers of "municipal divi- 
 sion ii state " may be compelled with immunity from prosecu- 
 tion except for "bribery in giving such testimony". (S.D. 
 
 Ill 28.) 
 If any person oilers or gives any sum of money, bribe, present, 
 reward, promise or any other thing to any municipal officer 
 with intent to induce or influence him to appoint any person 
 to office, to vote, or exercise any power in him vested, or to 
 perform any duty of him required, the person giving or offer- 
 ing to give and the officer so receiving any money, bribe, 
 present, reward, promise, contract, obligation or security with 
 intent aforesaid shall be guilty of bribery and on conviction 
 to be disqualified from holding any state, parochial or muni- 
 cipal office, and to be forever ineligible to seat in legislature; 
 but legislature may enact additional penalties. (La. 183.) 
 Legislature to provide by law for punishment by fine or imprison- 
 ment in penitentiary, or both, in discretion of court, of any 
 person bribing or attempting to bribe member or officer of any 
 municipal corporation in state, or any executive officer of such 
 corporation in order to influence him in performance of official 
 duties; and also of any of said officers or members who demand 
 bribe, fee, reward or testimonial for performance of official 
 duties, or for neglecting or failing to perform them; and also 
 for compelling any person so bribing or attempting to bribe, 
 nr demanding or receiving bribe, fee, reward or testimonial, 
 to testify against any person or persons guilty of such offense; 
 but persons so compelled to testify to be exempted from trial 
 •I punishment for offense for which guilty; any person con- 
 ^" t,(1 of Mid, offense shall be forever disfranchised and 
 disqualified from holding office of trust or profit in state. (Md. 
 
 Ill 50.)
 
 Ixdex Digest 1041 
 
 MUNICIPALITIES (Cont'd) 
 
 Corrupt Practices [Cont'd) 
 Interest in Contracts 
 
 No member of legislature during term or for one year thereafter 
 to be directly or indirectly intcre-ted in contracts to which 
 municipality is a party if authorized by any lay? passed during 
 
 such term. | N..M. 1 V 28.) 
 Members of legislature during term for which elected or within 
 two years thereafter not to be interested in contracts of sub- 
 division of state if authorized by law passed during term for 
 
 which elected. (Okla. V 23.) 
 Free Transportation • 
 
 See also Public Officers — Free Passes, etc. 
 No railroad or transportation company to grant free or dis- 
 counted passes or tickets to officers of municipalities. Legisla- 
 ture to enforce by suitable provision (no prohibition to accept). 
 
 (Miss. VII 188.) 
 
 Acceptance of free or discounted passes or tickets from railroad 
 
 or other transportation company by municipal officer to be 
 
 forfeiture of oilier. (Mo. XII 24.) 
 Transportation company not to give and officer of any district 
 or municipality not to receive free or reduced rates of trans- 
 portation; officer violating to forfeit office and be punished as 
 prescribed by law,; but this does not prevent firemen or police- 
 men from accepting free transportation while in discharge of 
 
 duty. (Va. XIII 161.) 
 Candidates or incumbents of office or position under any 
 ordinance of municipality, forbidden to ask, or accept, or use 
 free pass, frank or privilege withheld from other persons for 
 transportation of person or property or transmission of any 
 message under penalty of punishment for bribery, and in case 
 of an officer, the vacation of his office. No person privileged 
 from testifying, but not to be prosecuted or punished for any 
 offense concerning which he was required to testify or produce 
 documentary evidence. (Wis. XIII 11.) 
 Powers and Rights 
 
 See also throughout this title. 
 
 For provisions relating to power of municipality to frame its charter, 
 See Municipal Home Rule — Power of Municipality to I'kvmk 
 
 its Charter. 
 For provisions relating to eminent domain am! excess condemnations, 
 
 See Eminent Domain. 
 
 For provisions relating to taxation. See Taxation. 
 For provisions relating to special assessments for benefits. See Taxa- 
 tion Sl'EClAr ASSKSSMKN [S. 
 
 For provisions relating to sale of liquors, See Liquors. 
 In General 
 
 Municipalities to have authority to exercise all powers of local 
 self-government and to adopt and enforce within their limits
 
 l0 42 State Constitutions 
 
 MUNICIPALITIES [Cont'd) 
 
 Powers am> Eights (Cont'd) 
 
 In General (Cont'd) . ., , , * • 
 
 loca] police, sanitary and other similar regulations not in 
 
 conflict with general laws. (Ohio XVIII 3.) 
 
 •• Every municipal corporation now existing within the state 
 shall continue with all of its present rights and powers until 
 otherwise provided by law" and shall have all the additional 
 rights and powers conferred by constitution. (Okla. XVIII 
 
 2.) 
 
 I, nature may grant to municipal corporations '-such powers, 
 privileges and immunities not repugnant to the constitution" 
 as it deems necessary or expedient for regulation and govern- 
 ment thereof. I Mass. Amend. II.) 
 
 h municipal corporation within the state "shall have the 
 right to engage in industrial pursuits". (Ariz. II 34.) 
 
 Municipal councils may create within their limits sewerage dis- 
 tricts. (La. 281 (1).) 
 
 Municipality may appoint officers for inspection or measuring 
 of merchandise, manufacture or commodity, when authorized 
 by law. (Ala. IV 77; Pa. Ill 27.) 
 
 Streets of municipal corporations may be extended " over inter- 
 vening tide lands to and across the area reserve" between 
 harbor line and high-tide line for landings, wharves, streets 
 and other conveniences of navigation and commerce. (Wash. 
 
 XV 3, 1.) 
 
 Restrictions Upon 
 In General 
 
 Municipal commissions not to incur liabilities except in pur- 
 suance of previous appropriations by the municipal govern- 
 ment. (Pa. XV 2.) 
 
 SlocI: and Bond Holding 
 
 Municipality or other subdivision of state not to become 
 t>scriber to or shareholder in any company or corpora- 
 tion. 'Ariz. TX 7; Mont. XIII l.'j 
 
 Municipal corporations not to become stockholder in com- 
 pany, association or corporation. (Ark, XII 5.) 
 
 Municipalities not to subscribe to stock or purchase bonds 
 of any railroad corporation; but this does not affect valid- 
 ity of bonds or debts incurred under laws existing prior 
 to constitution. (Conn. Amend. XXV.) 
 
 Municipality not to become shareholder in any private cor- 
 poration or company. (Del. VIII 8.) 
 
 Municipal corporations not to become by vote of citizens or 
 otherwise stockholder in any joint stock company, corpo- 
 ration or association. (Ida. XII 4.) 
 
 Subscription by municipalities to capital stock of any rail- 
 road or private corporation forbidden, but this not to 
 affect right to make such subscriptions when authorized
 
 Index Digest 1043 
 
 MUNICIPALITIES (Cont'd) 
 
 Powers and Rights (Cont'd) 
 Restrictions Upon (Cont'd) 
 
 Stock and Bond Holding (Cont'd) 
 
 under existing laws by vote of people prior to adoption 
 of this amendment. (111. Amend. 1870 — Municipal sub- 
 scriptions to corporations separately submitted.) 
 Political or municipal corporations not to become directly 
 or indirectly stockholder in banking corporation. (Iowa 
 
 VIII 4.) 
 
 Political corporation or subdivision of state nol to subscribe 
 
 to or purchase stock of any corporation or association 
 
 whatever. (La. 58.) 
 Municipal corporations not to subscribe to stock of railroad 
 or other corporation or association. Authority granted 
 prior to constitution for such purpose by legislature or 
 corporate charter hereby repealed. This not to affect rijiht 
 to make subscription authorized by vote of people prior 
 to constitution in pursuance of law then existing and 
 where terms of submission and subscription have been or 
 shall be complied with; or to prevent issue of renewal 
 bonds or other means prescribed by law for payment of 
 such subscription or of any indebtedness prior to consti- 
 tution. (Miss. VII 183.) 
 Municipalities not to become subscriber to stock of railroad 
 or other corporation or association. Authority previously 
 conferred by legislature or by charter of any corporation 
 repealed; but this does not prevent such subscription 
 where authorized by vote of people prior to constitution 
 or to prevent renewal bonds or other mean- prescribed 
 by law for payment of such subscription or of any indebted- 
 ness prior to constitution. (Mo. IX G.) 
 Legislature not to authorize political corporation or sub- 
 divisions of state to become stockholder in corporation, 
 association or company. (Mo. IV 47.) 
 Precincts or subdivisions of state not to become subscriber 
 to or owner of stock or interest therein of any railroad, 
 private corporation or association. (Nebr. XIa 1.) 
 Municipal corporations not to become stockholder in joint 
 stock company, corporation or association except railroad 
 corporations, companies or associations. (Nev. VIII 10.) 
 Political subdivisions not to subscribe to or become owner 
 of capital stock of any association or corporation. I X.D. 
 
 XII 185.) 
 Municipal corporations not to become hojder of corporate 
 
 stock by vote of citizens or otherwise. (Ore. XI 9.) 
 Municipality not to become owner of capital stock of any 
 association or corporation. (S.I). XIII 1.)
 
 1044 State Constitutions 
 
 MUNICIPALITIES (Cont'd) 
 
 gh i - i Cont'd) 
 Restrictions Upon (Cont'd) 
 
 and Bond Holding (Cont'd) 
 .Municipal corporations not to become subscriber to stock of 
 private corporation or association; this not to affect obli- 
 tions undertaken pursuant to law prior adoption consti- 
 tution. (Tex. XI 3.) 
 Ltical subdivision not to become owner of stock of any 
 association or corporation. (Wyo. XVI 6.) 
 Legislature not to authorize political corporation or subdi- 
 vision of state to become stockholder in corporation, asso- 
 ciation or company. (Tex. Ill 52.) . 
 .Municipal corporations not to become directly or indirectly 
 owner of stocks or bonds of any association, company or 
 
 corporation. (Wash. VIII 7.) 
 
 Legislature not to authorize subdivisions of state to become 
 
 stockholder in any corporation, association or company by 
 
 issuing bonds or otherwise. (Ala. IV 94.) 
 
 X.i political subdivision of state to be stockholder in bank. 
 
 (Ala. XIII 253.) 
 Legislature to ha've no power to authorize any political sub- 
 division of state to subscribe for or become stockholder 
 in any corporation. For exception in case of irrigation 
 districts', See Irrigation. (Cal. IV 31.) 
 Legislature not to authorize political subdivisions to sub- 
 scribe to stock or bonds in aid of any railroad, telegraph 
 or other private individual or corporate enterprise or un- 
 dertaking. (Utah VI 31.) 
 Legislature not to authorize municipal corporations or polit- 
 ical subdivisions of state to become stockholders in com- 
 pany, association or corporation except for purely char- 
 it able purpose, but this not to prevent support of schools 
 by municipal corporations within their limits. (Ga. VII 
 
 Sec. VI 1.) 
 Joint OwnertiTvip 
 
 Municipalities not to become joint owner with any person, 
 
 my or corporation. (Del. VIII 8.) 
 Municipality or other subdivision of state not to become 
 joint owner with any person, company or corporation, ex- 
 ' as to Mini ownership as may accrue by operation 
 or provision of law. (Ariz. IX 7; Mont. XIII 8.) 
 I ONTROL BY S I 
 In General 
 
 'ire may prescribe, alter or amend jurisdiction and 
 powers of municipalities. (Fla. VIII 8.) 
 By-lawe o! municipal corporations to be subject at all times to 
 be aimi.llr.l by legislature. (.Mass. Amend. II.)
 
 1 m » I . x Dioesi 1046 
 
 MUNICIPALITIES (Cont'd) 
 Control by State (Cont'd) 
 In General (Cont'd) 
 
 " Legislature shall have the right to veal Bach powers in the 
 courts of justice with regard to private and local affairs of 
 municipalities as may be expedient." (Tenn. XI 9.) 
 Legislature to have full power to modify, change or abrogate 
 and substitute other provisions for all provisions of article 
 dealing with municipal corporations except as to the methods 
 and purposes of contracting local debt and Levying taxes. 
 (This appeals as exception.) (N.C. VII 14.) 
 Penalty for violation of municipal ordinances not to be less 
 than imposed by statute for same offense, and conviction or 
 acquittal to constitute bar to another prosecution for same 
 
 offense. (Ky. 1G8.) 
 
 Restrictions Upon 
 
 Legislature not to delegate to any special commission, private 
 corporation or association, any power to make, supervise or 
 interfere with any municipal improvement, money, property 
 or effects, whether held in trust or otherwise, or to levy taxes 
 or perform any municipal functions whatever. (Colo. V 35; 
 Mont. V 36; Pa. Ill 20; S.D. Ill 26; Utah VI 20; Wyo. Ill 
 
 37.) 
 
 Legislature not to delegate to any special commission, private 
 corporation, company, association or individual " any power 
 to make, control, appropriate, supervise or in any way inter- 
 fere with any municipal " improvement, money, property or 
 effects whether held in trust or otherwise, or to levy taxes 
 or assessments or perform any municipal functions whatever, 
 but legislature may provide for supervision and conduct of 
 affairs of irrigation districts, reclamation districts or drainage 
 
 districts. (Cal. XI 13.) 
 
 Private, special and local laws appointing commissions to regu- 
 late affairs of municipalities forbidden. (N.J. IV 7. 11.) 
 
 Legislature not to authorize any municipal corporation to pass 
 laws inconsistent with general state laws. (Ala. IV 89.) 
 
 Municipalities not to be authorized to pass " any laws contrary 
 to general laws of the state". (Ark. XII 4.) 
 
 "An infringement of the right of home rule for municipalities" 
 not to be included in any emergency bill within provision that 
 bills not to go into effect until 90 days after end of session 
 unless emergency. (This relates to referendum.) Bee Initi- 
 ative and Referendum. (Me. IV Pt. Ill 16.) 
 
 Legislature not to pass any special act "relating to corporate 
 powers except for municipal purposes". (New VIII 1.) 
 
 Special or local legislation regulating affairs df wards, forbidden. 
 (Minn. IV 33; Mo. IV 53: Okla. V 46: Pa. Ill 7: Tex. Ill 
 
 56. i 
 
 Local or special legislation regulating affairs of precincts, for- 
 bidden. (N.M. IV 24.)
 
 I04t; State Constitutions 
 
 MUNICIPALITIES [Cont'd) 
 
 I OH TOOL l;V M ATE [Con I'd I 
 
 Restrictions Upon (Cont'd) 
 
 Legislature not to pass law for benefit railroad or other corpora- 
 tion or any individual or association retrospective in its 
 operation or which imposes on people of any municipal sub- 
 division new obligation in respect to transactions or considera- 
 tions already passed. (Colo. XV 12.) 
 !.,.._,. i, t to pass law for benefit of railroad or other 
 
 corporation^, or any individual or association, which imposes 
 on people of any municipal subdivision of state a new liability 
 in respect to transactions or considerations already passed. 
 
 (Ida. XI 12; Mont. XV 13.) 
 Legislature not to pass law for benefit of railroad or other 
 corporation or any individual or association retrospective in 
 its operation or which imposes on people of "municipal cor- 
 poration " new obligation in respect to transactions or con- 
 siderations already passed. (Mo. XII 19.) 
 Finances 
 
 For provisions incidentally relating to finances, See also above, this 
 
 title, "Powers and Rights", and " Control by State". 
 Debt, See below, this title Debt. 
 Taxation, See Taxation. 
 In General 
 
 Expenditures by parishes for support and maintenance of public 
 Protestant teachers of piety, religion and morality may be 
 authorized by legislature. (N.H. I 6.) 
 Laws may require reports from municipalities as to financial 
 condition and transactions, and may provide for examination 
 of vouchers, books and accounts of all municipal authorities 
 or undertakings conducted by them. (Ohio XVIII 13.) 
 Municipal commissions not to incur liabilities except in pursu- 
 ance of previous appropriations by the municipal government. 
 
 (Pa. XV 2.) 
 Local, special or private legislation refunding money "lawfully" 
 paid into treasury of "political subdivision of state" for- 
 bidden. (Va. IV 63.) 
 Deposits 
 
 All moneyB, assessments and taxes belonging to or collected for 
 the use of coming info hands of any officer of public or munici- 
 pal corporation to be immediately deposited with treasurer 
 or other legal depositary to its credit for benefit of fund to 
 wliich belonging, (Cal. XI 16; Wash. XI 15.) 
 All moneys belonging to municipality may be deposited in any 
 national bank within municipality or in any bank organized 
 under laws of 3tate in manner and under conditions provided 
 by law. Hank to furnish as security for deposits bonds of 
 States, California or any county, municipality or school 
 ttion district within municipality to be ap-
 
 Index Dkjkst 1047 
 
 MUNICIPALITIES ( Con I 'd ) 
 Finances (Cont'd) 
 Deposits (Cont'd i 
 
 proved by officer designated by law to an amount in value at 
 least 10 per cent, in excess of amount of deposit, and to pay 
 reasonable rate of interest not less than 2 per cent, per annum 
 on daily balances. Deposit at any time not to exceed 50 per 
 cent, of paid-up capital stock of depository bank, and no officer 
 to deposit at one time more than 20 per cent, of public mom 
 available for deposit in any bank while there arc cither <|ii:i li- 
 fted banks requesting such deposits. (Cal. XI 10%.) 
 All money of " other subdivisions " of state except as otherwise 
 provided in constitution shall, whenever practicable, be de- 
 posited in a national bank or bank incorporated under laws 
 of state; bank to furnish security approved as provided by 
 law and to pay reasonable rate of interest, such interest to 
 accrue to the fund from which it is derived. (Wyo. XV 7.) 
 
 Claims By and Against 
 
 No bills, claims, accounts or demands against political subdivi- 
 sions of state to be audited, allowed or paid until full item- 
 ized written statement shall be filed with the auditing ollicer. 
 
 (X.I). XII 186.) 
 
 " No bills, claims, accounts or demands against political subdi- 
 vision of state shall be audited, allowed or paid until a full 
 itemized statement in writing verified by affidavit shall be 
 filed with the officer or officers whose duty it may be to audit 
 
 same." (Wyo. XVI 7.) 
 
 Not to be authorized or permitted to pay claim against mu- 
 nicipality under contract made without express authority of 
 law; and such contract shall be null and void. (Cal. IV 32; 
 
 Ky. 162; La. 47; Mo. IV 48.) 
 
 Legislature not to pay or authorize payment of claim against 
 municipality under contract made without express authority 
 
 of law. (Tex. Ill 53.) 
 
 Legislature not to release or extinguish any indebtedness, lia- 
 bility or obligation of any corporation or person to municipal 
 corporation. " (111. IV 23; Mo. IV 51; Okla. V 53; S.D. Ill 
 
 24; Utah VI 27.) 
 
 Legislature not to release, diminish or authorize release or dimi- 
 nution in whole or in part indebtedness or liability of any 
 corporation or individual to municipality. (Ky. 52.) 
 
 Legislature not to release or extinguish or authorize releasing 
 or extinguishing any part indebtedness or obligation of cor- 
 poration or individual to municipality, but heirs to confiscated 
 property may be released from taxes due thereon at date of 
 its reversion to them. (La. 59.) 
 
 Legislature not to release or extinguish, or authorize releasing 
 or extinguishing any part of debt or obligation of corporation 
 or individual to municipal corporation. (Tex. Ill ■">•">. |
 
 i-S State Constitutions 
 
 MUNICIPALITIES (Coni'd) 
 l'i.\ Cont'd) 
 
 Claims By and Against (Cont'd) 
 
 jlature not to exchange, transfer, remit, release, postpone or 
 in any way diminish any obligation owned by municipal cor- 
 poration-; and such obligation not to be extinguished except 
 by payment into proper treasury. (Wyo. Ill 40.) 
 Private or special legislation releasing or extinguishing any part 
 of debt, liability or other obligation of any person or corpo- 
 ration to municipal corporation forbidden. (Cal. IV 25; Ida. 
 
 Ill 19; Wash. II 28-10.) 
 
 lial or local legislation '' relinquishing or extinguishing in 
 
 whole or in part the indebtedness, liability or obligation of 
 
 any corporation or person" to any municipal corporation in 
 
 bidden. (Mont. V 26; N.M. IV 24; N.D. II 69; 
 
 Wyo. Ill 27.) 
 Local, special or private legislation remitting, releasing, post- 
 poning or diminishing obligation or liability of person or cor- 
 onation to "political subdivision of state" forbidden. (Va. 
 
 IV 63.) 
 ion or liability of person, association or corporation 
 held or owned by municipality to be remitted, released or 
 postponed or in any way diminished by legislature nor extin- 
 guished except by payment nor exchanged or transferred ex- 
 cept upon payment of face value; but this does not prevent 
 legislature providing by general law for compromise of doubt- 
 ful claim. (Ala. IV 100.) 
 No obligation of any person or corporation owned by municipal 
 corporation to be exchanged, transferred, remitted, released 
 or postponed or in any way diminished by legislature; nor 
 shall such liability be extinguished except by payment into 
 proper treasury. (Colo. V 38; Mont. V 39.) 
 No "Miration of persons or corporations to municipal corpora- 
 tions to be exchanged, transferred, remitted, released, post- 
 poned or in any way diminished by legislature,, nor shall such 
 obligation be extinguished except by payment into proper 
 
 ry or by proper proceeding in court. (N.M. IV 32.) 
 tatute of limitations not to run against municipal corporations 
 or subdivisions of state in civil cases. (Miss. IV 104.) 
 Expenditures, Restrictions Upon 
 //' '/• ,• ral 
 
 islature not to require municipal corporations to pay 
 any changes which at time adoption constitution were 
 payable out of state treasury. (Ala. XI 218.) 
 1 1 municipal corporation offers money or property to state 
 locating or building capitol and state accepts, munici- 
 pal corporation may comply with the offer. (Ga. VII 
 
 Sec. VI 1; Ky. 179.)
 
 Index 1>k.i-t imCi 
 
 MUNICIPALITIES {Cont'd) 
 Finances {('out''!) 
 
 Expenditures, Restrictions Upon (Cont'd) 
 In General (Cont'd ) 
 
 Municipalities not to pay any del>t <>r interest thereon con- 
 tracted directly or indirectly in aid of the Rebellion. 
 
 (N.C. VII 13.) 
 Legislature not to authorize payment of any claim here- 
 after created against municipality under contract "made 
 without authority of law", but this does not apply to 
 claims incurred by public officers in execution of state 
 
 laws. (Utah VI 30.) 
 Aid to Prvowte Enterprise 
 
 For provisions rclut nig to power to lend credit to or incur 
 debts for such purpose, See below, this title, Debt — Pur- 
 pose. 
 Municipality or other subdivision of state not to make 
 donation by subsidy or otherwise to individual, associa- 
 tion or corporation. (Ariz. IX 7: 'Mont. XIII 1.) 
 Municipal corporations not to appropriate or obtain money, 
 for any company, association or corporation. i Ark. 
 
 XII 5.) 
 Municipal corporation not to make appropriation or pay 
 from any public fund or grant anything to or in aid of 
 religious sect, church, creed or sectarian purpose or help 
 to support or sustain any school, college, university, hos- 
 pital or other institution controlled by any religious creed, 
 church or sectarian denomination, but this does not pre- 
 vent legislature granting aid to institutions for the sup- 
 port and maintenance of dependent children ami indigent 
 aged persons authorized by constitution. (Cal. IV 30.) 
 Municipalities not to make donation to any railroad com- 
 pany; but this does not affect validity of bonds or debts 
 incurred under laws existing prior to constitution. 
 
 (Conn. Amend. XXV.) 
 Municipality not to appropriate money to any private cor- 
 poration, person or company. (Del. VIII 8.) 
 Municipal corporation not to make by vote of citizens or 
 otherwise donation to or in aid of any joint stock com- 
 pany, corporation or association. (Ida. XII 4.) 
 Donations by municipality to railroad or private corpora- 
 tion prohibited. (111. Amend. 1S70 — Municipal subscrip- 
 tion to corporations separately submitted.) 
 Municipal corporations not to make appropriation in aid 
 of anv railroad or other corporation or association. (Mi—. 
 
 VII 1S3.) 
 
 Legislature not to authorize grants of public money by 
 
 political corporation or subdivision of state to or in aid 
 
 of individual or association or corporation. But this not
 
 ]n50 State Constitutions 
 
 MUNICIPALITIES [Cont'd) 
 
 Y\\ t'd) 
 
 Expenditures, Restrictions Upon (Cont'd) . 
 I to Private Enterprise (Cont'd) 
 
 to prevent legislature authorizing villages which have or- 
 ganized fire departments to maintain from municipal rev- 
 enue pension fund for disabled firemen and for relief of 
 widows and minor children of deceased firemen. (Mo. IV 
 
 47.) 
 
 Appropriation or donation by municipalities in aid of rail- 
 road or other corporation or association or of " college 
 or institution of learning or other institution whether 
 created for or to be controlled by the state or others " 
 forbidden. Authority previously conferred by legislature 
 or any corporate charter repealed; but this does not pre- 
 vent payment of subscription to corporate stock made or 
 approved by people prior to constitution or the payment 
 of then existing debt. (Mo. IX G.) 
 
 Donations in aid of railroads and internal improvements not 
 to be made by precinct or subdivision of state unless 
 proposition has been first submitted to qualified electors 
 at an election authorized by law. (Xebr. XII 2.) 
 
 Except as otherwise provided in constitution municipality 
 not to make donations to or in aid of, directly or indi- 
 rectly, any person, association or public or private cor- 
 poration or to any private enterprise for construction of 
 railroad; but this not to be construed to prohibit pro- 
 vision for care of sick and indigent persons. (N.M. 
 
 IX 14.) 
 
 Municipality not to make appropriations "to or for the use 
 of any society, association or corporation whatever ". 
 
 (N.J. I 20.) 
 
 Political subdivisions not to make donation to or in aid of 
 individual association or corporation, except for necessary 
 support of poor. (N.D. XII 185.) 
 
 Municipality not to make donations to or in aid of, or pay 
 the debt or liability of, individual, association or corpora- 
 tion, except for necessary support of poor. (S.D. XIII 1.) 
 
 Municipal corporations not to make appropriation or dona- 
 tion to private corporation or association; this not to 
 affect obligations undertaken pursuant to law prior adop- 
 tion constitution. (Tex. XI 3.) 
 
 Municipal corporation not to give money to or in aid of in- 
 dividual, association, company or corporation, "except 
 for the necessary support of the poor and infirm". (Wash. 
 
 VIII 7.) 
 
 Political subdivision not to make donations to individual, 
 ion or corporation except for necessary support of 
 
 poor. (Wyo. XVI 6.)
 
 I xdex Digest 1051 
 
 MUNICIPALITIES (Cont'd) 
 Finances (Cont'd) 
 
 Expenditures, Restrictions Upon (Cont'd) 
 Aid to Private Enterprise (Cont'd) 
 
 Donations by municipalities to railroad or telegraph lines 
 
 forbidden. l\\yu. X Railroads 5.) 
 Legislature not to authorize subdivisions of state to grant 
 public money or thing of value to or in aid of individual, 
 association or corporation by issuing bonds or otherwi 
 • (Ala. IV 94.) 
 
 Legislature not to authorize municipal corporations or polit- 
 ical subdivisions of slate to appropriate money for cor- 
 poration, association, company, institution or individual, 
 except for purely charitable purposes. This not to pre- 
 vent support of schools by municipal corporations within 
 their limit. (Ga. VII Sec. VI 1.) 
 Legislature not to authorize political corporation or sub- 
 division of state to grant public money or thing of value 
 to or in aid of individual, association or corpora lion. 
 
 (Tex. Ill 52.) 
 Extra Compensation to Officers <in<l Contractors 
 
 See also " Public Officers — Compensation " and " Public 
 
 Contracts ". 
 
 Legislature not to authorize municipal authority to grant 
 
 extra compensation, fee or allowance to public officer, agent 
 
 or servant after service rendered. (Gal. IV 32; Mo. [V 
 
 48; Tex III 53; Utah VI 30.) 
 Legislature not to authorize or require nor municipal au- 
 thority to have authority to grant extra compensation, 
 fee or allowance to public officer, servant or employee or 
 agent after service rendered. This does not apply to 
 allowances by commissioners' court or boards of revenue 
 to county officers for ex officio services. (Ala. IV 68.) 
 Legislature not to authorize any municipal authority to 
 grant extra compensation, fee or allowance to public offi- 
 cer; agent or servant. (La. 47.) 
 No municipal authority to grant or authorize extra com- 
 pensation to public officer, agent or employee after -ser- 
 vice rendered. (Mich. XVI 3.) 
 Local, special and private legislation authorizing grants by 
 "political subdivision" of state of extra compensation to 
 officer, servant or agent of, forbidden. (Va. IV 63.) 
 Legislature not to authorize any municipal authority to 
 grant extra allowance to contractor after contract entered 
 into, performed in whole or in part. (Gal. IV 32; Mo. 
 
 IV 4S ; Tex. Ill .'.3; Utah VI 30.) 
 Legislature not to authorize or require nor municipal author- 
 ity to have authority to grant extra compensation to 
 contractor after service rendered or contract made. i Ala. 
 
 IV 08.)
 
 lOg STAT1- ( OXSTITUTIOXS 
 
 MUNICIPALITIES [Cont'd] 
 
 |'l\ I t'll) 
 
 Expenditures, Restrictions Upon (Cont'd) 
 
 Extra Compensation to Ofiteevs and Contractors (Cont'd) 
 
 Legislature not to authorize any municipal authority to 
 
 int extra compensation to contractor. (La. 47.) 
 No municipal authority to grant or authorize extra com- 
 pensation to contractor after service rendered or contract 
 entered into. (Mich. XVI 3.) 
 
 al, special or private legislation authorizing extra grants 
 to contractors from treasury of "political subdivision" 
 
 forbidden. (Va. IV 63.) 
 Di 
 
 Existing Time Adoption Constitution 
 
 People or legislature not to pass law validating debts of mu- 
 nicipalities under territory if invalid at time state admitted. 
 This irrevocable without consent of United States. (Ariz. 
 
 XX Sixth.) 
 i a of municipalities under territory to remain valid and 
 unaffected until paid or refunded according to law. Pro- 
 \ ision respecting state's assumption of debts of territory and 
 debts of counties not to be construed as validating any bonds, 
 warrants, obligations of or claims against any municipality 
 which were invalid at time of admission and legislature not 
 to pass any law validating such invalid debts or claims. 
 This irrepealable without consent of United States. (N.M. 
 
 XXII 12; XXI 3.) 
 i Ibligation of debts contracted by " bodies corporate " not affected 
 
 by the constitution. (N.Y. I 17.) 
 Nothing in constitution to legalize invalid debts of municipal- 
 ities or impair any defense against payment thereof; such 
 debts to be paid either by tax levy or by bond issue under 
 provisions of law extended in force in state. (Okla. Sehed. 
 
 37, 25.) 
 
 Debts of subdivisions of state existing at time of adoption of 
 
 itution may be bonded in sum not exceeding 4 per cent. 
 
 of assessed value of taxable property therein. (Wyo. XVI 3.) 
 
 General Power to Incur 
 
 lature to restrict power of municipal corporations to bor- 
 row money or contract debts so as to prevent abuse of that 
 ■ (SB. X I'- Wyo. XIII 3.) 
 
 ri to be made by geiterkl laws to prevent abuse of power 
 f borrowing money and contracting debts by municipal cor- 
 porations. (Miss. IV 80.) 
 ture in genera] law providing for organization to restrict 
 s oi municipal corporations to borrow money and con- 
 tract debts. (N.D. VI 130.) 
 iay be passed to limit power of municipalities to incur 
 ts for local purposes. (Ohio XVIII 13.)
 
 J m>kx Dn.i ag 1 "53 
 
 MUNICIPALITIES (Cont'd) 
 Debt (Cont'd) 
 
 General Power to Incur (Cont'd) 
 
 No debt to be incurred by municipal corporations "until provi- 
 sion therefor shall have been made hy the municipal govern- 
 ment". (Ga. Vll Sec. X 1.) 
 Legislature may provide by law for funding of "corporate . 
 
 of public corporations". (Mont. XII 8.) 
 Local and special legislation provided for bonding of precincts 
 or other municipalities forbidden. (Nebr. Ill 15.) 
 Purpose 
 
 In General 
 
 -No debt to be incurred by municipal corporation for other 
 than strictly municipal purposes. (;Wash. \lil 6.) 
 No debts to be contracted by municipal corporal cepl 
 
 in pursuance of law for public purposes specified by law. 
 
 (Wyo. Mil 
 Laws authorizing burrowing of money by " political subdivi- 
 sion " to specify purpose for which to be used and use 
 limited to that purpose. (Ky. 178; Okla. X L6.) 
 Except as otherwise provided in the constitution no debt 
 to be contracted by municipal corporations except in pur- 
 suance of law for public purpose specified by law. (S.D. 
 
 X 2.) 
 Not to issue interest-bearing evidences of indebtedness ex- 
 cept bonds authorized by law to pay debt existing time 
 adoption constitution; but incorporated towns of 1,000 or 
 more population and cities of first and second class may 
 issue bonds for specified purposes "and for any and all 
 public buildings, structures or grounds that may be re- 
 quired by said municipality for the proper and economic 
 administration of its gqyernmenl and for any other public 
 improvements of a general nature for the use and benefil 
 of said municipality " when approved on referendum. 
 Such improvements may be within or outside the corpo 
 rate limits of such municipality. (Ark. XVI 1.) 
 Municipal corporation may contract debt for school, water, 
 sanitary and illuminating purposes provided town, city 
 or other municipal corporation contracting such debl own 
 "its just proportion of the property thus created and 
 receive from any income arising therefrom, its proportion 
 to the whole amount so invested"! (Ida. XII 4.) 
 "Except city of New Orleans", no bonds to be issued for 
 any purpose other than that stated in proposition >ul>- 
 mitted to taxpayers nor for a greater amount than there- 
 in stated, nor shall such bonds be issued for any purpose 
 other than "for constructing, improving and maintaining 
 public roads and highways, paving and improving - 
 roads and alleys, purchasing and constructing BVStems of 
 waterworks, sewerage, drainage; navigation, lights, public
 
 1054 State Constitutions 
 
 MUNICIPALITIES [Cont'd) 
 Dm fd) 
 
 Purpose (Cont'd) 
 
 In ■' [Cont'd) 
 
 parks and buildings, together with all necessary equip- 
 ment and furnishings, bridges and other works of public 
 improvement, the title to which shall rest in the sub- 
 division creating the debt as the case may be". (La. 
 
 281 (1).) 
 
 Governing authorities of municipal corporations "for the 
 purpose of paving or improving streets or alleys and for 
 all municipal improvements, after making provisions for 
 the payment of all statutory and ordinary charges may 
 fund into bonds". (La. 281 (4).) 
 
 Bonds may be issued to supply fund to pay for excess prop- 
 erty appropriated or otherwise acquired under excess con- 
 demnation provision; but such bonds shall be lien only 
 against property so acquired for the improvement and 
 excess, and shall not be a liability of the municipality. 
 
 (Ohio XVIII 10.) 
 
 To provide for interest and sinking fund charges during 
 construction, until completion and operation for one year 
 of waterworks, subways, underground or street railways 
 and appurtenances built by proceeds of municipality's 
 
 obligations. (Pa. IX 15.) 
 
 Legislature may authorize political subdivision of county 
 or any defined district which may include towns, villages 
 or municipal corporations, to issue bonds or otherwise 
 lend credit in limited amount when approved on referen- 
 dum for irrigation, drainage or navigation improvements 
 or for construction, maintenance and operation of paved 
 roads and turnpikes. (Tex. Ill 52.) 
 
 Municipalities not to assume or pay any debt contracted 
 directly or indirectly in aid of the Rebellion. (N.C. 
 
 VII 13.) 
 
 Aid to Private or Corporate Enterprise 
 
 Legislature not to authorize any subdivision of state to 
 lend credit to or in aid of individual, association or cor- 
 poration by issuing bonds or otherwise. No political sub- 
 division of state to lend credit to banking association, 
 corporation or company. (Ala. IV 94; XIII 253.) 
 Municipality or other subdivision of state not to give or lend 
 u- credit in aid of individual, association or corporation. 
 
 (Ariz. IX 7.) 
 
 rot to lend credit for any purpose whatever; and no munici- 
 
 i,v to grant financial aid toward construction of rail- 
 
 - or other private enterprises operated by any private 
 
 person or corporation. Not to obtain money for or lend 
 
 •iit to corporation, association, institution or individual. 
 
 (Ark. XVI 1; XII 5.)
 
 Index Digest 1055 
 
 MUNICIPALITIES (Cont'd) 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid to Private or Corporate Enterprise (Cont'd) 
 
 Legislature not to authorize giving or lending credit <>f 
 " political corporation or subdivision of Btate " in aid of 
 any person, association or corporation or pledge credit 
 thereof for payment of liabilities of any individual, a-- 
 dation or corporation. (Cal. IV 31.) 
 
 Municipality not to lend credit directly or indirectly in aid 
 of any railroad corporation; but not to affect validity 
 of bonds or debts incurred under laws existing prior to 
 
 constitution. (Conn. Amend. XXV.) 
 
 Municipalities not to lend credit or assume debt of any 
 private corporation, person or company. (Del. VII 1 8.) 
 
 Legislature not to authorize municipal corporation or other 
 political subdivision of state to lend credit to corporation, 
 company, association, institution or individual, except for 
 purely charitable purposes. This not to prevent support 
 of schools by municipal corporations within their limits; 
 and if municipal corporation offers to state property for 
 capitol building and state accepts, corporation may com- 
 ply. (Ga. VII Sec. VI 1.) 
 
 No " subdivision ? ' to lend or pledge credit or faith in any 
 manner to or in aid of any individual, association or cor- 
 poration, for any amount or any purpose or become re- 
 sponsible for the debt, contract or liability of any in- 
 dividual, association or corporation in or out of state. 
 No municipal corporatiqn to raise money for or lend 
 credit, by vote of citizens or otherwise, to or in aid of 
 any joint stock company, corporation or association. 
 
 (Ida. VIII 4; XII 4.) 
 
 Loan of credit by municipalities in aid of railroad or private 
 corporation forbidden. (111. Amend. 1870 — Municipal 
 Subscriptions to Corporations Separately submitted.) 
 
 No political corporation of state to assume liabilities of 
 private or other corporation or association. (La. 58.) 
 
 Municipal corporations not to lend credit in aid of railroad 
 or other corporation or association. (Miss. VII 183.) 
 
 Legislature not to authorize loans of credit by political 
 corporations or subdivisions of state to individual, asso- 
 ciation or corporation. (Mo. IV 47.) 
 
 Municipalities not to lend credit to railroad or other cor- 
 poration or association or to any "college or institution 
 of learning or other institution whether created for or to 
 be controlled by state or others". Authority previously 
 conferred by legislature or by corporate charters repealed. 
 This does not prevent issue of bonds or other means of 
 payment of subscription to corporate stock authorized by 
 people prior to constitution or of other then existing debt. 
 
 [Mo. IX 6.)
 
 . I '..>NST1TUTI<).\> 
 
 MUNICIPALITIES (Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid to Privaii or t wporiste Enterprise (Cont'd) 
 
 •■ Subdivision" of state not to give or lend credit in aid of 
 individual, uni or corporation. (Mont. XIII 1.) 
 
 Municipalities not to give or lend credit in aid of indi- 
 vidual, association or corporation. (Mont. XIII 1.) 
 
 Xo "precinct, municipality or other subdivision of the state" 
 to make ill Hiations to " railroad or other works of internal 
 improvement '' unless proposition therefor first submitted 
 to qualified electors at election by authority of law; such 
 donations of county, with donations of subdivisions there- 
 of, not in aggregate to exceed 10 per cent, of assessed 
 valuation of such county. (Xebr. XII 2.) 
 
 Municipal corporations not to lend credit in aid of any joint 
 -rock company, corporation or association except railroad 
 corporations, companies or associations. (Xev. VIII 10.) 
 
 Except as otherwise provided in constitution, municipality 
 not to lend or pledge its credit directly or indirectly in 
 aid of any person, association or corporation or of any 
 private enterprise for construction of railroad; this not to 
 be construed to prohibit care of sick and indigent persons; 
 and not to prevent issue of bonds to pay or refund valid 
 bonds of municipality. (X.M. IX 14, 15.) 
 
 " Political subdivisions " not to give or lend credit to or in 
 aid of any individual, association or corporation, except 
 fur necessary support of poor. (X.D. XII 185.) 
 
 Municipal corporations not to raise money for or lend credit 
 to or in aid of any company, corporation or association, 
 by vote of citizens or otherwise. (Ore. XI 9.) 
 
 Municipality not to lend or give credit to or in aid of, or 
 become responsible for debt or liability of, individual, 
 association or corporation, except for necessary support 
 
 of poor. ( (S.D. XIII 1.) 
 
 Municipal corporation not to lend credit to any private 
 <<>;poratioii or association; this not to affect obligations 
 undertaken pursuant to law prior adoption constitution. 
 
 (Tex. XI 3.) 
 
 Legislature not to authorize political corporation or sub- 
 division of state to lend credit to any individual. 
 asBooiatita or corporation, but special authorization to 
 join wiili county or other political subdivision or district 
 in lending credit or incurring debt for or in aid of irriga- 
 tion, drainage or navigation improvements or construction 
 and maintenance of roads; provided] total debt of city 
 or town not thereby to exceed limit imposed by other 
 sections constitution; (Tex. Ill 52.)
 
 I.NDK.X. l)l(,l-.M 10;, 7 
 
 MUNICIPALITIES (Cont'd) 
 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid to Prii<ttv or t.'orporate Enterprise (Cont'd) 
 
 Legislature nut to authorize '• political suhdi visions " to 
 lend credit in aid of any railroad, telegraph or other 
 private individual or corporate enterprise or Undertaking. 
 
 (Utah VI 31.) 
 
 Municipal corporations not to lend money or credit to or 
 
 in aid of individual, association, company or Corporation 
 
 ""except for the necessary support of the poor and infirm ". 
 
 (Wash. VIII 7.) 
 1'olitieal subdivision not to give or lend credit to individual, 
 association or corporation except for necessary support 
 of poor. Municipalities not to give or lend credit in aid 
 of railroad or telegraph lines; but this does not affect 
 obligations contracted prior to adoption constitution. 
 
 (Wyo. XVI (I. j 
 AAA to Other Municipalities 
 
 Legislature not to authorize political corporation or sub- 
 division of state to give or lend credit in aid of any 
 municipal corporation or to pledge credit thereof for pay- 
 ment of liabilities of any municipal corporation. (Cal. 
 
 IV 31.) 
 No political corporation of state to assume liabilities of 
 political, municipal or parochial corporation. (La. 5S.) 
 Except as otherwise provided in constitution municipality 
 not to lend or pledge credit, directly or indirectly, to or 
 in aid of any public corporation; but this not to prohibit 
 municipality making provision for care of sick and 
 indigent persons; and not to prevent issue of bonds to 
 pay or refund valid bonds of municipality. (N.M. IX 
 
 14, 15.) 
 Application of Proceeds 
 
 No money raised for a specified purpose to be used for any 
 
 other purpose. (Ark. XVI 1.) 
 
 Money borrowed by " political subdivision " to be used solely for 
 
 purpose specified in law authorizing loan. ( Ky. 17S; Okla. 
 
 X 16.) 
 
 Moneys borrowed by municipalities or " legal subdivisions of 
 
 state " to be used only for purpose specified in law authorizing 
 
 loan, i Utah XIV 5.) 
 Moneys borrowed by municipalities or other " subdivision of 
 state" to be used only for purposes specified in law authoriz- 
 ing loan. (Mont. XIII 3.) 
 Limited in case of municipal corporations to purpose for which 
 obtained or to repayment of the debt or liability created 
 
 therefor. | Mo. X 20.)
 
 [098 State Constitutions 
 
 MUNICIPALITIES (Cont'd) 
 Debt (Cont'd) 
 
 Application of Proceeds (Cont'd) 
 
 Money borrowed by municipalities to be applied to purpose for 
 which obtained or to repay such loan and to no other purpose. 
 
 (N.M. IX 9.) 
 Money raised by loan or assessment by municipal corporations 
 for any purpose not to be diverted to any other purpose 
 except by authority of law. (N.D. VI 130; S.D. X 2.) 
 Referendum on Proposition to Incur 
 
 Private, local or special legislation authorizing issuance of 
 bonds or other securities by political subdivisions of counties 
 forbidden unless authorized before enactment such law by vote 
 qualified electors thereof at election held for purpose in man- 
 ner prescribed by law; but legislature may without such 
 election pass special laws to refund bonds issued before 
 ratification constitution. (Ala. IV 104.) 
 
 islature may pass general laws authorizing districts or other 
 political subdivisions of counties to issue bonds; but none to 
 be issued under such general laws unless first authorized by 
 majority vote by ballot of qualified voters thereof voting on 
 proposition. Special provision for form of ballot. This not 
 to apply to renewal, refunding or reissuing of bonds lawfully 
 issued or authorized by law enacted prior to ratification con- 
 stitution; and not to apply to obligations incurred or bonds to 
 be issued to pay for street and sidewalk improvements or 
 sanitary or storm-water sewers, the cost of which is assessed 
 in whole or part against property abutting said improvements 
 or drained by such sewers. (Ala. XII 222.) 
 Municipal corporations not to become indebted for any purpose in 
 any manner to amount exceeding 4 per cent, of taxable property 
 without assent of majority property taxpayers who must also 
 be qualified electors voting at election provided by law to be 
 held for the purpose; value of taxable property to be 
 ascertained by last assessment for state and county purposes 
 previous to incurring debt. (Ariz. IX 8.) - 
 " Questions upon bond issues shall be submitted to the vote of 
 property taxpayers who shall also in all respects be qualified 
 electors of the political subdivision * * * af- 
 
 fected by such question". (Ariz. VII 13.) 
 No debts, except to pay those existing time adoption constitu- 
 tion, to be incurred without consent of majority of qualified 
 electors voting on question at election held for purpose. De- 
 tailed provisions as to ordinance authorizing debt and its sub- 
 mission to referendum. (Ark. XVI 1.) 
 Municipal corporation or political division of state not to in- 
 cur new debt except for temporary loan to supply casual de- 
 ficiencies of revenue, which shall not exceed one-fifth of 1 per 
 cent, of assessed value of taxable property therein, without
 
 Indk.x Digest 1059 
 
 MUNICIPALITIES (Cont'd) 
 Debt (Cont'd) 
 
 Referendum on Proposition to Incur {Gonttd) 
 
 assent of two-thirds qualified voters at election for purpose 
 held as prescribed by law. (Ca. VII Sec. \ II 1.) 
 Municipal or political corporation despite the constitutional 
 limitation on amount of their di'bts may in time of war. for- 
 eign invasion or other great public calamity, incur debts neces- 
 sary for public protection and defense " on petition of major- 
 ity of the property owners in number and value within the 
 limits of such corporation" to amount requested in such peti- 
 tion. (Ind. XIII 1.) 
 No municipality to become indebted in any manner or for any 
 purpose to amount exceeding in any year income and revenue 
 for that year without consent of two-thirds voters voting at 
 election held for the purpose. Indebtedness contracted in 
 violation of this provision to be void and not to be assumed 
 by municipality or enforceable against persons contracting. 
 
 (Ky. K 
 " Except city of New Orleans " no bonds to be issued by munici- 
 pal corporations unless authorized by vote of majority " in 
 number and amount of the property taxpayers" qualified to 
 vote and who vote at election held for purpose after due 
 notice by newspaper publication as specified. Similar and de- 
 tailed provisions for renewal and refunding bonds. (La. 
 
 281 (1), (6).) 
 On questions submitted to taxpayers " as such " of municipal or 
 other political subdivisions of state, women taxpayers shall 
 have the right to vote "without registration in person or by 
 their agents authorized in writing ". All other persons vot- 
 ing at such election to be registered voters and all taxpayers 
 to vote must have qualifications respecting age and residence 
 prescribed by constitution. (La. 199.) 
 On questions submitted to electors involving "the issue of 
 bonds ", women having qualifications of male electors and 
 who have "property assessed for taxes in any part of the dis- 
 trict or territory to be affected by the result of such elec- 
 tion " to be entitled to vote. I Mich. Ill 4.) 
 No political corporation or subdivision of state to be allowed to 
 become indebted in any manner or for any purpose to amount 
 exceeding in any year income and revenue provided in Buch 
 year without assent two-thirds voters then of. voting at elec- 
 tion held for purpose. (Mo. X 12.) 
 No debt to be contracted nor faith or credit pledged by munici- 
 pal corporation unless " by a vote " of majority of qualified 
 
 voters. (N.< , VII 7.) 
 
 No political corporation or subdivision of state to be allowed to 
 
 become indebted in any manner for any purpose to amount ex-
 
 State Coxstitutioxs 
 
 MUNICIPALITIES {Cont'd) 
 De; t'd) 
 
 Referendum on Proposition to Incur (Cont'd \ 
 
 iifilin" in anv year income and revenue provided in such vear 
 without asidnt three-lifths voters thereof voting at election 
 
 held for purpose. (Okla. X 26.) 
 
 No municipality or district to incur any new debt or increase its 
 indebtedness to an amount Exceeding 2 per cent, of assessed 
 valuation of taxable property therein without assent of elec- 
 tor- thereof voting at public election in manner provided by 
 
 law. (Pa. IX S.) 
 
 No debt to be incurred for water supply, street railways or 
 I iting plants, unless authorized by vote of majority electors. 
 No municipal corporation or subdivision of state to be in- 
 cluded in any other "district or subdivision" incurring such 
 debt without majority vote of its electors in favor thereof. 
 
 (S.D. XIII 4.) 
 
 Xo debt to be contracted by municipal corporation under pro- 
 vision limiting the amount of debt unless all questions con- 
 nected therewith shall have been approved by three-fifths of 
 ▼fltee ta •: far and against on submission to people. (W.Va. 
 
 X 8.) 
 
 No municipal corporation to become indebted for any purpose in 
 any maun. ■;■ to amount exceeding iy 2 per cent, of taxable prop- 
 erty in counts without assent of three-fifth* voters voting at 
 election held for that purpose. (Wash. VIII 6.) 
 Limit of Amount 
 
 .Municipal corporation having less than 6,000 population 
 except as otherwise provided in constitution, not to become in- 
 debted in amount " including present indebtedness " exceeding 
 5 per cent, assessed value of property therein except for con-. 
 struction or purchase of waterworks, gas or electric lighting 
 plants or sewerage, or for improvement of streets for which 
 purposes additional debt not exceeding 3 per cent, may be cre- 
 ated. Limitation not to affect debt authorized time adoption 
 constitution, nor temporary loans to be paid within one year 
 made in anticipation of collection of taxes, not exceeding one- 
 quarter of annual revenues of such municipal corporation; 
 and not to prevent funding or refunding of " existing indebted- 
 ness ". (Ala. XII 225.) 
 
 S'ot to exceed in aggregate 7 per cent, of assessed value of real 
 ;md personal property therein according to last general assess- 
 ment. Debt may be incurred for waterworks or lighting plants 
 when approved on referendum in excess of this limitation; 
 and - i.'i debt not to be included in computation of existing 
 debt in order to determine power to become further indebted. 
 provided a mortgage or other lien on such works or plant and 
 its f!: ""']'' Iveii as additional security for such debts. 
 
 (Ark. XVI I.)
 
 Endes 1 >n . i-:st DMS1 
 
 MUNICIPALITIES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 Municipal or political corporations not to beBDtne indebted in 
 any manner or for any purpose to nn amount in the aggregate 
 exceeding 2 per cent, of taxable property ascertained by last 
 assessment for state and county taxes previous to incurring 
 debt; and all bonds or obligations in excess of this limit to be 
 void, except that in time of war, foreign invasion or other 
 great public calamity, "on petition of majoriu of the property 
 owners in number and value within the limits of such cor- 
 poration, the public authorities in their discretion may incur 
 obligations necessary for the public protection and defense, to 
 such an amount as may be requested in such petition ". ( Ind. 
 
 XIII 1.) 
 
 Municipal or political corporations not to be allowed to be- 
 come indebted in any manner or for any purpose to amount in 
 aggregate exceeding 5 per cent, on value of taxable property 
 therein, ascertained from last state and county tax lists pre- 
 vious to incurring debt. (Iowa XI 3.) 
 
 Xo subdivision of state to incur any debt or liability in any man- 
 ner for any purpose " exceeding in that year " income and 
 revenue provided for it for such year without a>scnt two-thirds 
 qualified electors thereof voting at election held for purpose. 
 Any debt or liability incurred contrary to this provision to be 
 void, but this not to be construed "to apply to the ordinary 
 and necessary expenses authorized by the general laws of the 
 
 state •'. (Ida. VIII 3.) 
 
 Municipal corporations not to be allowed to become indebted in 
 in any manner or for any purpose to amount including ex- 
 isting indebtedness in aggregate exceeding 5 per cent, value of 
 taxable property therein, ascertained by last assessment for 
 state and county taxes previous to incurring debt ; but this 
 not to prevent issuing bonds in compliance with vote of peo- 
 ple had prior to adoption constitution in pursuance of law. 
 
 I [11. XI 12.) 
 
 Except as otherwise provided in constitution, debt of municipal 
 corporation or political division of state not to exceed 7 per 
 cent, assessed value taxable property therein; city whose d 
 at time adoption constitution does not exceed 7 per cent, as- 
 sessed value may be authorized by law to increase ai any time 
 amount of said debt "3 per centum upon such assessed valua- 
 tion -. Kia. VII Sec. VII I.) 
 
 Xo municipality to be authorized or permitted to incur debt to 
 amount including existing debt in aggregate exceeding 2 per 
 cent of value of taxable property therein, ascertained by as- 
 sessment next before last assessment previou-, to incurring 
 debt. Debts in excess of this limit may be contracted when 
 authorized by laws in force prior to adoption of constitution
 
 [062 State Constitutions 
 
 MUNICIPALITIES (Cont'd) 
 ln.r.i [Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 or when necessary for completion and payment for public im- 
 provement undertaken and not completed and paid for at time 
 of adoption; any municipality whose debt exceeds limit at 
 time adoption ((institution not to increase debt more than 1 
 per cent, in aggregate of value of taxable property therein 
 until debt reduced within limit and thereafter not to exceed 
 limit "' unless in case of emergency, the public health or safety 
 should so require". Renewal bonds or bonds to fund floating 
 debt not prevented by this limitation. (Ky. 15S.) 
 
 •• Except city of New Orleans", total bonds of municipal corpor- 
 ations for all purposes never to exceed 10 per cent, of as- 
 sessed valuation "of the property" therein. (La. 281 (1).) 
 
 No political corporation or subdivision of state to be allowed to 
 incur debt to amount including existing debt in aggregate ex- 
 ceeding "> per cent, of value of taxable property therein, ascer- 
 tained by assessment next before last assessment for state and 
 unty purposes previous to incurring debt. (Mo. X 12.) 
 
 Corporate authority of any political subdivision of state having 
 more than 200,000 inhabitants which has exceeded its consti- 
 tutional limit of debt not to incur further bonded debt except 
 for renewal of other bonds "until such excess of indebtedness 
 ceases ". But such corporate authorities " may, in anticipation 
 of the customary annual revenue thereof, appropriate during 
 any fiscal year towards the general governmental expenses 
 thereof a .sum not exceeding seven-eighths of the entire revenue 
 applicable to general governmental purposes (exclusive of the 
 payment of the bonded debt of such municipal subdivision) 
 that was actually raised by taxes alone during the preceding 
 
 years". (Mo. IX 19.) 
 
 Legislature not to authorize municipal corporation to issue 
 bonds or incur indebtedness in any manner " to aid in the 
 construction or equipment of any or all railroads" to an 
 amount exceeding 5 per cent, of value of taxable property; 
 sii. h value to be ascertained by last assessment for state and 
 county taxes previous to incurring debt. (Minn. IX 15.) 
 Debts of political subdivisions of state never to exceed 5 per 
 ccnl. of assessed value of taxable property therein and bonds 
 or obligations in excess of this limit to be void. Entire 
 amount of existing debt, whether contracted prior or subse- 
 quent to adoption of constitution, to be included in comput- 
 ing existing debt for purpose of determining power to become 
 
 further indebted. (N.D. XII 1S3.) 
 
 Municipality may issue mortgage bonds beyond its general debt 
 
 limit to acquire, construct or extend a public utility, provided 
 
 tal -mil bonds shall not impose any liability upon municipal- 
 
 shall be secured only upon property and revenue of
 
 Index Digest 1063 
 
 MUNICIPALITIES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 public utility, including a franchise stating term 8 upon which, 
 in case of foreclosure, the purchaser ma\ operate Bame, which 
 franchise shall in no case extend for more than 20 years 
 from sale on foreclosure. (Ohio XVIII 12.) 
 Bonds issued by municipalities to pay for excess land condemned 
 for public improvement to be lien on such i and not to 
 
 be "included in any limitation of the bonded indebtedness of 
 such municipality prescribed by law". (Ohio XVIII 10.) 
 No political corporation or subdivision of state to be allowed to 
 incur debt in excess of income and revenue to amount includ- 
 ing existing debt in aggregate exceeding 5 per cent, valuation 
 taxable property therein to be ascertained from last assess- 
 ment for state and county purposes previous to incurring debt. 
 Limitation on amount of debt which a "municipality" may 
 incur not to " apply " to debt created or bonds issued to pay 
 debts existing under territory. (Okla. X 26; Sched. 25.) 
 Txcept as provided in constitution, debt of municipality or in- 
 corporated district never to exceed 7 per cent, on assess, i 
 value of taxable property therein. (Pa. IX 8.) 
 Any municipality other than Philadelphia may incur debt in 
 excess of the constitutional limit of 7 per cent, but not ex- 
 ceeding 10 per cent, of the assessed valuation of taxable prop- 
 erty therein if such increase assented to by three-fifths of 
 electors voting at public election in manner provided by law. 
 
 (Pa. IX 15.) 
 In computing existing debt in order to determine right to be- 
 come further indebted, obligations issued prior to adoption 
 constitutional provision or thereafter issued by any muni- 
 cipality other than Philadelphia, to provide for construction 
 or acquisition of waterworks, subways, underground railways 
 or street railways or appurtenances thereof not to be consid- 
 ered as " a debt within meaning of constitutional limitation 
 on amount" if net revenue derived from said property for 
 period of five years either before or after acquisition thereof, 
 or where constructed by county, for period of five years after 
 completion thereof shall have been sufficient to pay interest 
 and sinking fund charges during said period upon said obliga- 
 tions, or if said obligations be secured by lien upon the re- 
 spective properties and shall impose no municipal liability. 
 
 (Pa. IX 15.) 
 Debt of municipal corporation or political division or subdi- 
 vision of state not to exceed S pier cent, assessed value taxable 
 property therein and not to be authorized to increase bonded 
 debt if existing bonded debt amounts to 8 per cent, of taxable 
 property as ascertained by valuation for state taxes. When
 
 064 State Constitutions 
 
 MUNICIPALITIES ( Cont'd ) 
 Dh 
 
 Limit of Amount {Cont'd) 
 
 several political divisions or municipal corporations cover 
 same territory each of such divisions or corporations to " so 
 exercise i t> power to increase its debt" that aggregate debt 
 upon any territory of state shall never exceed 15 per cent, of 
 taxable property in such territory as valued for state taxes. 
 This not to prevent issue of bonds to refund valid muni- 
 rijml debt contracted in excess of the 8 per cent, limit prior 
 adoption of constitution. (S.C. X 5.) 
 Eight per cent, limit not to apply to bonded debt incurred by 
 any municipal corporation to be used exclusively for purchase, 
 cr-taMi-hment and maintenance of waterworks, sewerage sys- 
 tem or lighting plant, when proposition submitted to free- 
 holders and qualified voters as provided by constitution for 
 Other bonded debt (S.C. VIII 7.) 
 Debt of subdivisions of state not to exceed 5 per cent, of as- 
 sessed valuation of taxable property therein for year preced- 
 ing that in which indebtedness to be incurred. "In estimat- 
 ing amount of the indebtedness which a municipal subdi- 
 vision may incur, the amount of indebtedness contracted prior 
 to the adoption of the constitution shall be included ". (S.D. 
 
 XIII 4.) 
 In addition to the limit of 5 per cent, of its assessed valuation, 
 municipal corporation or other subdivision of state may in- 
 cur additional debt not exceeding 10 per cent, of assessed valu- 
 ation for preceding year " for the purpose of providing water 
 and sewerage for irrigation, domestic uses, sewerage and other 
 purposes " ; and cities of 8,000 or more may incur debt not 
 exceeding 8 per cent, for construction of street railways, 
 electric lights or other lighting plants. (S.D. XIII 4.) 
 Political subdivision of state or county or any defined district 
 which may include towns, villages or municipal corporations 
 may is-u.' bonds or otherwise lend credit in, amount not ex- 
 lin^r one-quarter of assessed valuation of real property of 
 mi. li distrit-1 when approved, on referendum for irrigation, 
 drainage or navigation improvements or in aid thereof, or 
 the construction, maintenance and operation of paved roads 
 and turnpikes or in aid thereof. This authorization to be in 
 addition to all other debts except that total bonded debt of any 
 city ur town not to exceed limit imposed by other provisions 
 
 of constitution. (Tex. Ill 52.) 
 miiicipul corporation to become indebted "to an amount 
 uding exUtinir indebtedness exceeding 4 per centum of the 
 value ni the taxable property therein ". Limit to be ascer- 
 ed by J a >t assessment for state and county purposes pre- 
 vious t„ ineurin^ debt, except that in incorporated cities last 
 Bsessment for city purposes to be taken. (Utah XIV 4.)
 
 Ixni.x Digest 10£6 
 
 MUNICIPALITIES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 No municipal corporation to be allowed to become indebted in 
 any manner or for any purpose to an amount including exist- 
 big debt in aggregate exceeding 5 per cent, of value "f taxa- 
 ble property therein to be ascertained I'.v la-.t assessment for 
 state and county taxvs previous to incurring debt. Bonds al- 
 ready authorized to be issued i at time ( .f adoption of con- 
 stitution) excepted from operation of limit, i W.V.i. X 8.) 
 
 No municipal corporation to become indebted for any purpose 
 in any manner to amount exceeding 1$£ per cent, of taxable 
 property therein without referendum; and with such assent 
 total indebtedness at any time not to exceed f> per cent, on 
 value of taxable property. Value of taxable property to be 
 ascertained from last assessment for state and county pur- 
 poses previous to incurring debt. (Wash. VIII 6.) 
 
 No municipal corporation to be f allowed to become indebted in 
 in any manner or for any purpose to any amount including ex- 
 isting indebtedness in the aggregate exceeding 5 per cent, on 
 the value of the taxable property therein *'. Value of taxable 
 property to be ascertained by last assessment for state and 
 county taxes previous to incurring debt, (Wis. XI 3.) 
 
 Debt of subdivision of state existing prior to constitution may 
 
 be bonded in sum not exceeding -4 per cent, on assessed value 
 
 taxable property therein as shown by last general assessment. 
 
 |\Vvo. XVI 3.) 
 Bonds 
 
 For exemption of from taxation, See Taxattox* — Exemptioxs. 
 
 Any municipality or other public corporation issuing bonds un- 
 der laws of state may make such bonds and interest thereon 
 payable at any place or places within or outside of United 
 States in any money, domestic or foreign, designated in said 
 
 bonds. (Cal. XI 13%.) 
 
 " Except city of New Orleans ", bonds not to run for longer 
 period than 40 years from their date and not to bear inter- 
 est at a greater rate than 5 per cent, per annum and not to 
 be sold for less than par. Similar provision for renewal or re- 
 funding bonds. (La. 281 (1), (6).) 
 
 Nd bond or evidence of debt of political subdivision of state to 
 be valid unless endorsed with certificate of * other political 
 subdivision " auditor or ether officer authorized by law that it 
 is issued pursuant to law and within debt limit. (Wyo. 
 
 XVI 8.) 
 Obligation of 
 
 Nothing contained in constitution to impair obligation of debts 
 contracted by ''bodies corporate". ( X.Y. I 17.) 
 Liability for Payment of 
 
 Private propertv not to be taken or sold for payment of corpor- 
 ate debt of municipal corporation or political subdivision of 
 
 state. (Cal. XI 15.)
 
 1066 State Constitutions 
 
 MUNICIPALITIES [Cont'd) 
 Dki.i (< 
 
 Liability for Payment of {Cont'd) 
 
 Private property not to be taken or sold for payment of corpor- 
 ate debt of municipal corporation. (Colo. X 14; 111. IX 10; 
 
 Mo. X 13; Nebr. IX 7.) 
 Private property not to be taken or sold for payment of debts 
 of public or municipal corporations, except in mode provided 
 by law for levying and collection of taxes. (Wash. XI 13.) 
 Private property not to be taken or sold for " corporate debts 
 of public corporations"; legislature to provide by law for pay- 
 ment of such debts, " including all funded debts and obliga- 
 tions " by taxation of private property not exempt within 
 territory over which such corporation has authority. (Mont. 
 
 XII 8.) 
 Bonds issued for excess land condemned in connection with pub- 
 lic improvements to be lien only against property so ac- 
 quired and not to be a liability of municipality. (Ohio 
 
 XVIII 10.) 
 Redemption and Interest 
 
 Provision to be made at time of incurring debt for collection of 
 annual tax not exceeding 7 mills on the dollar to pay in- 
 terest and discharge principal within 35 years from time of 
 issuing bonds. Bonds to be " serial " and shall be paid 
 off as rapidly as the income derived from said tax will permit". 
 Detailed provisions as to interest. (Ark. XVI 1.) 
 Municipalities or other public corporations issuing bonds under 
 laws of state may make such bonds and interest thereon pay- 
 able at any place or places within or outside of United States 
 and in any money, domestic or foreign, designated in such 
 
 bonds. (Cal. XI 13y 2 .) 
 Provision to be made by municipal corporation or political di- 
 vision of state at time of incurring any debt under pro- 
 \i>ions of constitution for assessment and collection of an- 
 nual tax sufficient to pay principal and interest within 30 
 ars from date of incurring debt, (Ga. VII' Sec. VII 2.) 
 No Bubdiyisipn of state to incur any debt or liability unless at 
 same time provision be made for collection of annual tax suf- 
 ent to pay interest and to constitute sinking fund for pay- 
 ment of principal within 20 years from time of contract- 
 ing. (Ida. VIII 3.) 
 Legislature to require that taxable property within limits of 
 municipal corporations shall be taxed for payment of debts 
 contracted under authority of law, such taxes to be uniform 
 in re'speci to pers, ns and property within jurisdiction of body 
 
 imposing. (111. IX 10.) 
 
 pal corporations to provide at or before time of incurring 
 
 for collection direct annual tax sufficient to pay 
 
 interest and discharge principal within 20 years from time 
 
 of contracting. (HI. XI 12.)
 
 Index Digest lot;; 
 
 MUNICIPALITIES {Cont'd) 
 Debt (Cont'd) 
 
 Redemption and Interest {Cont'd) 
 
 Municipalities when authorized to create debt shall be at same 
 time required to provide for collection of animal tax suffi- 
 cient to pay interest, and to create sinking fund for payment 
 of principal within not more than 40 years from time of 
 
 contracting. (Ky. 150.) 
 
 Each year while bonds are outstanding " governing authorities " 
 of municipal corporations, " except city of New Orleans ", to 
 impose and collect in excess of other taxes a tax sufficient to 
 pay interest annually and semi-annually or principal falling 
 due each year, or such amount as may be required for any 
 sinking fund necessary to retire said bonds at maturity, but 
 such special tax not to exceed in any year 10 mills on dollar of 
 assessed valuation of property therein. Similar and detailed 
 provisions for refunding and renewal bonds. Any person in 
 interest may, by summary proceedings in district court, en- 
 force imposition and collection of such taxes; such proceed- 
 ing to be tried without cost "to the litigant". (La. 281 
 
 (1), (5), (6).) 
 
 Political corporation or subdivision before incurring debt re- 
 quiring assent of voters, to make provision for collection of 
 annual tax sufficient to pay interest as due and to constitute 
 sinking fund for discharge of principal within 20 years from 
 time of contracting. (Mo. X 12.) 
 
 Political subdivisions to make provision, at or before incurring 
 of debt, for collection of annual tax sufficient to pay interest 
 and principal when due. Law or ordinance making such pro- 
 vision to be irrepealabh? until debt paid. (N.D. XII 184.) 
 
 No bonded debt to be created or renewed by any political sub- 
 division unless law authorizing provides for levying annual 
 tax sufficient to pay interest thereon and to provide sinking 
 fund for their redemption at maturity. (Ohio XII 11.) 
 
 Political corporation or subdivision before or at time of in- 
 curring debt in excess of income and revenue to make pro- 
 vision for collection of annual tax sufficient to pay interest 
 and to constitute sinking fund for payment of principal with- 
 in 25 years from date of contracting. (Okla. X 20.) 
 
 Municipalities at or before incurring debt to make provision for 
 collection of annual tax sufficient to pay interest and dis- 
 charge principal within 30 years. In municipalities other 
 than Philadelphia such tax need not be levied during con- 
 struction or for one year thereafter on obligations issued for 
 construction or acquisition of waterworks, subways, under- 
 ground railways or street railways or appurtenances. (Pa. 
 
 IX 10, 15.) 
 
 At or before time of incurring debt by " subdivisions " pro- 
 vision to be made for collection of annual tax sufficient to ;
 
 1008 State Constitutions 
 
 [ NICIPALITIES {Cont'd) 
 t'd) 
 
 Redemption and Interest {Cont'il) 
 
 in: ikI principal when due; and all ordinances contain- 
 
 ing such provision to be irrepealable until debt paid. (S.D. 
 
 XIII 5.) 
 
 Political subdivision of state or of county or other defined dis- 
 trict, which may include towns, villages or municipal corpor- 
 ations, incurring debt or lending credit for purposes specified, 
 fa levy and collect taxes and pay interest to provide sinking 
 I'nncl for redemption thereof. (Tex. Ill 52.) 
 
 Municipal corporations not to be allowed to become indebted 
 without at same time providing for collection of direct annual 
 tax sutlici-nt to pay annual interest on such debt and princi- 
 pal thereof within not exceeding 34 years. (W.Va. X 8.) 
 
 .Municipal corporations before or at time of incurring debt to 
 make provision required to be made " for collection of direct 
 annual tax sufficient to pay interest on such, debt as it falls 
 due and also to pay and discharge the principal thereof within 
 20 years from the time of contracting the same". (Wis. 
 
 XI 3.) 
 Pt i;r :• ties 
 
 See also above, this title, "Powers and Rights — Restrictions 
 I fox — Stock a.\d Bond Holding" and. "Finances — Expendi- 
 titjes, Restrictions Upon — Aid to Private Enterprise". 
 Franchises 
 
 .\m exclusive franchise shall ever be granted by municipal cor- 
 porations. (Ariz. XIII G; Okla. XVIII 7.) 
 h\clu>i\e rights, franchises, privileges and immunities not to be 
 
 jrranted by municipal corporations. (X.M. IV 26.) 
 ' Xo grant, extension or renewal of any franchise or other use 
 of the streets, alleys or other public grounds or ways of any 
 municipality shall divest the state or any of its subdivisions 
 of its or their control and regulation of such use and enjoy- 
 ment ". (Ariz. XIII C; Okla. XVIII 7.) 
 
 ■nt, extension or renewal of franchise by -municipality for- 
 bidden without approval of majority of qualified electors re- 
 siding within corporate limits who shall vote thereon at gen- 
 eral or special election: local legislative body may submit 
 question to municipal election or call special election on 30 
 days" notice. (Ariz. XIII 4; Okla. XVIII 5a.) 
 
 ified electors in number equal to 25 per cent, of votes at 
 
 - preceding municipal election may file petition with chief 
 
 office* demanding grant, extension or renewal of 
 
 ; such officer shall call special election and submit 
 
 on, and if majority of electors voting thereon approve 
 
 ant, it shall be granted by proper authorities at next 
 
 ling regular meet;,,,, f legislative body of. city. (Okla. 
 
 XVIII 5b.)
 
 1m>kx I'h.kst t069 
 
 MUNICIPALITIES {Cont'd) 
 Public Utilities (Cont'd) 
 Franchises (Con I'd) 
 
 Franchises not to be granted, extended or renewed by municipal 
 corporations for longer time than 25 years. (Ariz. XIII 4; 
 
 Okla. XVIII 5a.) 
 Franchises or licenses not to be granted by any municipality of 
 
 state for longer period than 30 years. (Mich. VIII 29.) 
 Municipalities not to be permitted to grant franchise or privi- 
 lege or make any contract in reference thereto for more than 
 20 years. Advertisement to be made, bids received, and award 
 made to highest and best bidder, but all bids may be re- 
 jected. Not to apply to trunk railway. (Ky. 164.) 
 No street railroad may be constructed or operated without con- 
 sent of owners of one-half in value of property bounded and 
 of local authorities controlling street or highway or, if BUch 
 consent not obtainable, consent of three commissioners ap- 
 pointed by Appellate Division in lieu of consent of property 
 
 owners, i X.Y. Ill 18.) 
 Legislature cannot grant right to construct and operate street 
 or other railway, telegraph, telephone or electric plant or to 
 erect water or gas plant for public uses or to lay mains for 
 any purpose without consent of local authorities controlling 
 street or public place to be occupied. (S.C. VIII 4.) 
 No street passenger railway, telegraph, telephone or electric- 
 light line to be constructed within limits of any municipal 
 organization without consent of legal authorities. ( YVyo. 
 
 XIII 4.) 
 
 Regulation 
 
 Supervision of public service corporations by political subdi- 
 visions of state may be authorized by law as to companies. do- 
 ing business therein including regulation of rates and 
 charges. Proviso to sections specifying powers of corpora- 
 tion commission. (Ariz. XV 3.) 
 
 Persons or corporations may establish and operate works for 
 supplying inhabitants with light, water, power, heat, trans- 
 portation, telephone service or other means of communica- 
 tion, on conditions and under regulations prescribed by muni- 
 cipality " under its organic law on condition that the muni- 
 cipal government shall have the right to regulate the charges 
 
 therefor", (t'al. XI 19.) 
 
 Power of municipality to regulate charges for public services 
 not to be surrendered. (Okla. XVIII 7.) 
 
 Ownership and Operation 
 
 For provisions authorizing debts for this purpose in excess of 
 constitutional limit. Sec above, this title, Dkut — Limit of 
 
 Am or nt.
 
 70 State Constitutions 
 
 MUNICIPALITIES [Cont'd) 
 rrui.u Utilities [Cont'd) 
 
 Ownership and Operation (Cont'd) 
 
 .Municipal corporations may engage in any business or enter- 
 
 wliich may be engaged in by person, firm or^ corporation 
 
 bj virtue of a franchise from said corporation. (Ariz. XIII 
 
 5; Okla. XVIII 6.) 
 Municipalities authorized to establish and operate public works 
 for supplying inhabitants with light, water, power, heat, trans- 
 portation, telephone service or other means of communication, 
 may acquire such works by construction or by purchase of 
 those existing including franchises; may also furnish such 
 rvices to inhabitants outside its boundaries but not to in- 
 habitants of any other municipality which owns or operates 
 works supplying the same service to its inhabitants, without 
 consent of such municipality expressed by ordinance. (Cal. 
 
 XI 19.) 
 Municipality may acquire, construct, own, lease and operate, 
 within and without its corporate limits, any public utility, 
 the product or service of which is to be supplied to the muni- 
 cipality or its inhabitants and may contract with others for any 
 such product or service. Municipality may acquire public util- 
 ity by condemnation or otherwise and may thereby acquire the 
 use of or full title to property and franchise of any company 
 or supplying its service or product to the municipality 
 
 its inhabitants. Municipality proceeding to acquire, con- 
 struct, own, lease or operate a public utility, or to contract 
 with any person or company therefor, shall act by ordinance. 
 No such ordinance shall take effect until 30 days after its 
 passage, or if within that time petition for referendum is filed, 
 until it is submitted to and approved by voters. Municipality 
 earning ox operating public utility for its own use or that of 
 its inhabitants may sell and deliver to others any transporta- 
 tion service of such utility and the surplus product of any 
 other utility, in amount not to exceed in either case 50 per 
 cent, of total service or product supplied by such utility 
 within municipality. If, within 30 days after passage of or- 
 dinance for aqquiring, constructing, owning, leasing or oper- 
 - B public utility or contracting with any person therefor, 
 petition signed by 10 per cent, of electors (based upon total 
 vote cast at last preceding general municipal election) be filed 
 with executive authority demanding referendum on ordinance, 
 shall not take effect until submitted to electors in same 
 tanner as provided in .Will S. for submission of question of 
 liter commission and approved by majority of 
 voting thereon. Election shall be conducted by election 
 authorities prescribed by general law. (Ohio XVIII 4, 5, 
 
 6, 14.)
 
 Index Digest 1071 
 
 MUNICIPALITIES (Cont'd) 
 Water Supply 
 
 For provisions authorizing debts for in excess of constitutional limit 
 on amount, See above, this title, Debt — Limit of Amount. 
 
 Legislature may by general laws provide for use of not more than 3 
 per cent, of forest preserves for construction and maintenance of 
 state-owned reservoirs for water supply for municipalities. Cost 
 of reservoirs to be assessed on municipalities benefited to extent of 
 benefit, and provision to be made for charge for use of reservoirs 
 against municipalities benefited. Charge to be based on reason- 
 able return on value of state property and rights used and serv- 
 ices rendered and to be fixed for term of 10 years and then to be 
 
 ^adjustable. IX.Y. VII 7.) 
 
 Municipal corporations not to " directly or indirectly lease, sell, 
 alienate or dispose of any waterworks, water rights or sources of 
 water supply, now or hereafter to be owned or controlled by it"; 
 which shall be " maintained, preserved and operated by it for sup- 
 plying its inhabitants with water at reasonable charges ". But 
 this does not prevent exchanging water rights or sources for others 
 of equal value to be devoted to public supply of the inhabitants. 
 
 (Utah XI 6.) 
 
 Municipal corporations to have same right as individuals to acquire 
 rights by prior appropriation and otherwise to use of water for 
 domestic and municipal purposes, legislature to provide by law for 
 exercise by incorporated cities, towns and villages of right of 
 eminent domain to acquire from prior appropriators upon pay- 
 ment of just compensation, such water as may be necessary for 
 well being thereof and for domestic uses. (Wyo. XIII 5.) 
 
 NAMES 
 
 Of persons, not be changed by local, private or special law. (Ala. IV 
 i(M; Ariz. IV 19; Ark. V 24; Cal. IV 25; Fla, III 20; Ida. Ill 19; 
 111. IV 22; Ind. IV 22: Iowa 111 30; Ky. 59; La. 48: Md. Ill 33; 
 Minn. IV 33; Miss. IV 90; Mo. IV 53 i Mont, V 26; Nebr. Ill 15; 
 Nev. IV 20; X.M. IV 24: N.D. II 69; Okla. V 46; Ore. IV 23; Pa. Ill 
 7; S.C. Ill 34; S.D. Ill 23; Tex. Ill 56; Utah VI 26; Wash. 11 28; 
 
 Wis. IV 31; Wyo. Ill 27.) 
 Of persons, not to be changed by private law. but general laws may 
 
 regulate. I X.C. II 11.) 
 Of persons, not to be changed by legislature, but power to be conferred 
 
 on courts by general laws. (Tenn. XI 6.) 
 Of persons, legislature to confer on courts power to change and shall 
 
 not, by special legislation, grant relief. I Ya. IV 63.) 
 Of associations, not to be changed by local, private or special law. (Ala. 
 
 IV li)4; Va. IV 63.) 
 0." corporations, Sec CORPORATION Si. 
 
 Of places, not to be changed by local, private or special law. (Ariz. 
 IV 19; Cal. IV 25: Ida. Ill 19; 111. IV 22: Minn. IV 33; Miss. IV
 
 State CofcszErcnioNs 
 
 NAMES 
 
 Mo.it. V 26 j Nebr. Ill 15; X.M. IV 24; X.D. II 69; 
 III 7; S.C. Ill 34; S.D. Ill 23; Tex. Ill 56; Utah 
 
 VI 26; Wyo. Ill 27.) 
 - not to be changed by local or special law. (Minn. 
 
 IV 33.) 
 .NAVIGATION COMPANIES 
 
 •-il.AUSiUl' COMPANIES. 
 
 e powers and privileges issued and granted by secretary of state, 
 as ] rescribed by law, or by other person named by law if he is dis- 
 qualified. (Ga. Ill Sec. VII 18.) 
 NEGROES, #ee Colored Persons. 
 
 NOBILITY, TITLES OF, See Hereditary Distinctions. 
 NOTARIES PUBLIC 
 
 MIS 
 
 Mu-t In- qualified to execute bonds required of them in that capacity. 
 
 (Va. II 3?.) 
 Dm i 9 
 
 \~ prescribed by law. (Md. IV 45; Tex. IV 26.) 
 In connection with other courts shall be ex-vfficio justices of peace. 
 
 (Ga. VI Sec. VIII 1.) 
 
 Governor may, except where otherwise provided by act of legislature, 
 
 point not more than one who shall have power and jurisdiction 
 
 of justice of peace for each precinct in which election of justice 
 
 of peace is authorized. Governor may also appoint notaries public 
 
 without powers of justice of peace. (Ala. VI 168.) 
 
 How ski bcted 
 
 Appointed by governor by and with advice and consent of senate. 
 
 (Minn. V 4.) 
 Appointed by governor except where otherwise provided by act of 
 
 legislature. (Ala. VI 168.) 
 Appointed by governor in same manner as judicial officers. (Mass. 
 
 Amend. IV.) 
 Appointed by governor with advice and consent of two-thirds of 
 
 senate. (Tex. IV 26.) 
 Appointed by judges <>f general trial court for the respective dis- 
 trict-, (circuits) upon recommendation of grand jury. (Ga. VI 
 
 Sec. VIII 1.) 
 By appointment for each county and the city of Baltimore in manner 
 now or as may be provided by law. (Md. IV 45.) 
 
 enienl number fur each county. (Tex. IV 26.) 
 Not in exceed one for each militia district. (Ga. VI Sec. VIII 1.) 
 < lATH "K ( hi : 
 
 ■• -'t forth: affirmation allowed. (Minn. V 8.) 
 roNS am. Disqualifications 
 Age j 18 years. (Va. II 32.) 
 
 ualed eligible if they possess qualifications prescribed by law. 
 
 (Okla. Sched. 6.)
 
 Index Di<;i;st 1073 
 
 NOTARIES PUBLIC [ConC-h 
 
 Qualifications and DISQUALIFICATIONS (Cont'd) 
 
 Sex; females over 21 years of age, who have resided in state one 
 year, in county and district six months next preceding appoint- 
 ment, eligible. (Xev. XV 3.) 
 Sex; women, 18 years of age, eligible. (Va. II 32.) 
 Ineligible for any office in either branch of legislature or member- 
 ship therein. (X.D. II 37.) 
 May be elected to fill any executive or judicial office. (Ark. XIX 2G.) 
 Official acts of female notaries public herein- validated in so far 
 as such acts may be affected by ineligibility of such persons to 
 appointment to oflice. (Okla. Belied. 6'.') 
 
 Removal 
 
 By governor with consent of council. (Mass. Amend. IV.) 
 
 Upon conviction for malpractice in office. (Ga. VI Sec. VIII 1.) 
 Term of Office 
 
 As provided for by law. (Ala. VI 168.) 
 
 Four years. (Ga. VI Sec. VIII 1.) 
 
 Seven years. (Mass. Amend. IV. ) 
 
 Seven years if they so long behave themselves; may be reappointed. 
 
 (Me. VI 5.) 
 
 OATHS 
 
 Of officers, See Public Officers; for oath of office of particular officer 
 or class of officers, See the specific title. 
 
 At elections, See Elections. 
 
 Oaths or affirmation not dispensed with by prohibition of religious tests, 
 See Religion — Limitations on Religious Liberty. 
 
 Mode of administering oath or affirmation to be such as most consistent 
 with and most binding upon conscience of person to whom administered. 
 (Ariz. II 7; Ind. I 8; Ore. I 7; Wash. I 6.) 
 
 Manner of administering oath or affirmation to be such as is most con- 
 sistent with conscience of deponent, and esteemed by legislature the 
 most solemn appeal to God. (Ky. 232.) 
 
 Manner of administering oath or affirmation to person ought to be such 
 as those of religious persuasion, profession or denomination, of which 
 he is member, generally esteem the most effectual confirmation by 
 attestation of Divine Being. (Md. D.R. 39.) 
 
 Political tests requiring persons as prerequisite to enjoyment of political 
 and civil rights to purge themselves of past offenses by oaths are re- 
 pugnant to principles of free government, and are cruel and oppres- 
 sive. Xo religious or political test oath to be required as prerequisite 
 or qualification to serve as juror, sue, plead, appeal or pursue any 
 profession or employment. (VY.Va. Ill 11.) 
 
 Retrospective oath and restrictions ought not be imposed or required. 
 
 (Md. D.R. 17.) 
 OBSCENITY 
 
 Legislature may restrain publication of obscene books, papers or pic- 
 tures by suitable penalties. (W.Va. Ill 7.)
 
 7 i State Constitutions 
 
 OIL 
 
 iIlNES. 
 
 Jmnged bj Legislature flash test for kerosene light for illuminating 
 - 115° F. and specific gravity test to be 40° Baume. (Okla. XX 2.) 
 ml pipe lines, S< e Pipe Lines. 
 
 ORPHANS, See Chabities. 
 
 OUTLAWRY, Se< Chimes — Punishment. 
 
 OYER AND TERMINER, See Courts. 
 
 PANAMA PACIFIC INTERNATIONAL EXPOSITION 
 
 Detailed provisions for. (Cal. IV 2-2, XI 8a, 18, XII 3.) 
 
 PARDONS, See Chimes. 
 
 PARISHES 
 
 ions in Louisiana relating to, See Counties. 
 For provisions in New Hampshire relating to, See Municipalities. 
 
 PAUPERS 
 
 Chabities. 
 
 Si i El i.i i IONS. 
 
 PENAL INSTITUTIONS 
 
 In this title are digested only provisions relating particularly to penal 
 institutions: for provisions relating to system of charities and cor- 
 reotions, Set Chabities and Corrections; for provisions relating to 
 state institutions generally and so to penal institutions, See State 
 
 Institutions. 
 
 ADMI2S CS I R ■ i CVE Al THOBITT 
 
 For provisions relating only to prisons, See belou?, this title, 
 
 Prisons. 
 / r provisions relating only to reformatories, See below, this title, 
 
 Reformatories. 
 Regents, trustees or commissioners of reformatory and penal in- 
 stitutions to be appointed by governor with consent of senate. 
 
 (Wash. XIII 1.) 
 Directors of penal institutions to be appointed or elected as pre- 
 scribed by law; governor may fill vacancies unless otherwise pro- 
 vided for until next session of legislature and until successor ap- 
 pointed and confirmed; has power of removal. (S.C. XII 4, 8.) 
 Legislature may provide that boards of trustees of state penal in- 
 stitutions hold office for six years, one-third to be elected or 
 appointed every two years as legislature may determine; vacancies 
 to be tilled as may be provided by law. (Tex. XVI 30a.) 
 Penal and reformatory institutions to be under boards of control 
 
 as prescribed by law. (Utah XIX 2.) 
 State board of prison directors to have charge and superintendence 
 o'f state prisons, and powers and duties as to other penal and 
 "ormatory institutions of state as may be prescribed by law. 
 
 (Cal. X 2.) 
 Bonds fob, Se< State Debt — Purpose — Public Buildings.
 
 Index Digest 1075 
 
 PENAL INSTITUTIONS (Cont'd) 
 Construction 
 
 Of jails to be provided for by general laws. (Tex. XI 2.) 
 Legislation to require that construction of penal institutions, county 
 jails and police prisons secure health and comfort of prisoners. 
 
 (N.C. XI G.) 
 Prisons to be safe and comfortable. (Wyo. I 16.) 
 Proper regard for health of prisoners to be had in construction of 
 
 jails. (Del. I 11.) 
 Convict Labor, Wee Convict Labor. 
 Establishment and Support 
 
 For provisions relating only to prisons, See 'below, this title, Prisons. 
 For provisions relating only to reformatories, See below, this title, 
 
 Reformatories. 
 Penal institutions to be established and supported by state in man- 
 ner prescribed by law, legislature for sanitary reasons may cause 
 removal to more suitable localities. (Ida. X 1, 7.) 
 Reformatory and penal institutions to be fostered and supported by 
 state subject to regulations prescribed by law. (Wash. XIII 1.) 
 Reformatory and penal institutions to be established and supported 
 by state in manner prescribed by law. (Ariz. XXII 15; Colo. 
 VIII 1; Mont. X 1; Okla. XXI 1; Utah XIX 2; Wyo. VII 18.) 
 Existing Laws 
 
 Existing laws relating to all, whether state, county, municipal, in- 
 corporated or not, and to inspection and supervision of, remain 
 in force if not inconsistent with constitution, until amended or 
 repealed by legislature. (N.Y. VIII 13.) 
 Grants of Public Property for 
 See PuELie Property — Grants. 
 See, Public Property — Trusts. 
 Grants of Public Land for 
 
 See Public Lands — Trusts in. 
 See Public Lands — Sale — Provision for. 
 House of Refuge, See below, this title, Reformatories — Establish- 
 ment and Support. 
 Inmates 
 
 Health and comfort of prisoners to be required by law to be secured 
 in construction and superintendence of penal institutions; male 
 and female prisoners never to be confined in same cell. (N.C. 
 
 XI 6.) 
 Juvenile Delinquents 
 
 See below, this title, REfobjI \T0BEES — Establishment and Support. 
 See brlnw, this title, Prisons — Inmates. 
 See Children. 
 Lynching of Prisoners, See Lynching. 
 Officers 
 
 For provisions relating only to prisons, See belaw, this title, Prisons. 
 
 Officers of penal state institutions to report in writing under oath 
 
 on subject relating to office when required by governor; making 
 
 false report to be punished as prescribed by law. (Okla. VI 33.)
 
 IV . State Constitutions 
 
 PENAL INSTITUTIONS (Cont'd) 
 t'd) 
 iiiiioii of use of public money for religious purpose not to 
 employment by stajfce of a chaplain for penitentiary and 
 state reformatories as to the legislature seem justified. 
 
 (Wash. I 11.) 
 
 I twons 
 
 liibj&oia of creation or change of charter by special law not to 
 
 apply tn penal corporations which are to be and remain under 
 
 patronage and control of the state. (111. XI 1; Nebr. XIB 1.) 
 
 Prohibition ol special legislation for creation of corporation or 
 
 amendment f charters not to apply to corporations for penal pur- 
 
 - stained in whole or in part by the state. (Del. IX 1.) 
 
 iKMATOKIES 
 
 For provision? relating to penal institutions in general and so to 
 itaritis, See tliroughout this title. 
 
 Administrative Authority 
 
 Until otherwise provided by law, governor, attorney-general 
 and superintendent of public instruction to constitute board 
 of reform school commissioners to have supervision of state 
 reform schools as provided by law. (Utah VII 15.) 
 To be controlled and managed by board of five members to hold 
 office im- four years, to be appointed by governor with con- 
 i of senate, not over three to belong to same political 
 party at time of appointment; title, powers and duties pro- 
 vided by law. (N.M. XIV 3.) 
 Establishment and Support 
 
 • rin school to be public institution of state. (X.M. XIV 1; 
 
 N.D. XIX 215; S.D. XIV 1.) 
 
 Legislature may provide by law for establishment of schools 
 
 for safe-keeping, education, employment and reformation of 
 
 children under 16 who are growing up in mendicancy or crime. 
 
 (Nebr. VIII 12.) 
 Mature may establish reformatory school or schools and 
 - fur keeping juvenile offenders from association with 
 hardened criminals. (Miss. X 225.) 
 
 slature may provide for establishment and maintenance of 
 atory for juvenile offenders separate and apart from 
 ban! ned criminals. ( 8.0. XII 7.) 
 For persons under 18 years convicted of such felonies and mis- 
 demeanors as may be designated by law, legislature to pro- 
 vide house of reform. (Ky. 252.) 
 
 to provide house of refuge for correction and refor- 
 mation of juvenile offenders. (Ind. IX 2.) 
 
 may be made by law f or establishment and main- 
 • of a house of refuge for juvenile offenders. (Fla. 
 
 XIII 2.) 
 
 • Of nfu:- may be established wherever public interests 
 
 ■ fofc correction and instruction of offenders- other than 
 
 "-'rants and persons guilty of misdemeanors. (X.C. XI 5.)
 
 1 ndex Digest 1077 
 
 PENAL INSTITUTIONS (Cont'd) 
 Reformatories (Cont'd) 
 
 Establishment and Support (Cont'd) 
 
 For juvenile olFenders, provisions may be made by law for 
 establishment and maintenance of house of refuge. (Nev. 
 
 XIII 2.) 
 Legislature may establish asylum for cure of drunkenness and 
 re.'orm of inebriates. (Tex. XVI 42.) 
 Reformatory Institutions Not Under State Control 
 
 Police jury may contract witli any association or institution 
 for care and safe-keeping of children in care of juvenile court, 
 and court may place such children in custody of person, asso- 
 ciation or institution. (La. 118.) 
 Legislature may appropriate, public money or property to non- 
 sectarian institutions for reform of youthful criminals. 
 
 (Va. IV 67.) 
 Reformatory Corporation s 
 
 Prohibition of special legislation for creation of corporation or 
 amendment of 1 charter not to apply to reformatory corporations 
 sustained in whole or in part by the state. (Del. IX 1.) 
 Prohibition of creation or change of charter by special law not to 
 apply to reformatory corporations which are to be and remain 
 under patronage and control of the state. (111. XI 1; Nebr. 
 
 XIB 1.) 
 
 Prisons 
 
 For provisions relating to penal institutions in general and so to 
 
 prisons, Sese throughout this title. 
 Administrative Authority 
 
 Board of state prison commissioners composed of governor, sec- 
 retary of state, attorney-general. (Ida. IV 18, X 5; Mont. 
 VII 20; Nev. V 21; Utah VII 13.) 
 
 Directors of penitentiary to be appointed or elected as legisla- 
 ture may direct ; vacancies filled by governor till next session 
 of legislature and until successor qualified. (Kan. VII 2, 
 3; Ohio VII 2, 3; S.C. XII 5, 8.) 
 
 Commission of prisons to be provided by legislature, appointed 
 by governor with advice and consent of senate; removed by 
 governor for cause with opportunity to be heard in defense; 
 legislature may grant powers in addition to those granted in 
 constitution not inconsistent with other provisions of con- 
 stitution; commissioners now in office to continue for term 
 for which appointed unices legislature provide otherwise. 
 
 (N.Y. VIII 12, 15.) 
 
 Board of prison commissioners composed of three members ap- 
 pointed by governor with consent of senate; term of office 
 six years and until successors qualified : governor to fill 
 vacancy for unexpired term. (Tex. XVI 58V) 
 
 Board of five directors appointed by governor with confirmation 
 of senate for term of five years. (Va. XI 148.) 
 
 Title, powers and duties of board of control of penitentiary 
 prescribed by law; five members appointed by governor with
 
 luTS State Constitutions 
 
 PENAL INSTITUTIONS (Cont'd) 
 I'u: Cont'd i 
 
 Administrative Authority (Cont'd) 
 
 consent of senaAe for a term of four years, not more than* 
 three to belong to same political party at time of appoint- 
 ment. (N.M. XIV 1, 3.) 
 State board of prison directors of five members appointed by 
 governor with advice and consent of senate, term of office 
 10 years; removed by governor for misconduct, incompetency 
 qr neglect of duty, after hearing on written charges; no com- 
 pensation other, than reasonable traveling and other expenses, 
 audited as legislature may direct. (Cal. X 1, 4.) 
 
 Administration and Control 
 
 State board of prison directors to have charge and superin- 
 tendence of state prison, appointment of wardens and clerks 
 and '•determination" of other necessary officers; removal of 
 wardens and clerks for misconduct, incompetency or neglect 
 of duty: powers and duties of board, wardens and clerks to' 
 he regulated by law. (Cal. X 3, 5.J 
 State hoard of prison directors to have charge and superin- 
 tend! nee of state prisons, and powers and duties as> to other 
 penal and reformatory institutions of state as may be pre- 
 ibed by lav. Appointment of wardens and clerks and 
 " determination "' of other necessary officers. Removal of war- 
 dens and clerks for misconduct, incompetency or neglect of 
 duty. Powers and duties to be regulated by law. (Cal. X 
 
 2,3,5.) 
 
 ird of prison commissioners charged by law with control and 
 
 management of state prisons. (Tex. XVI 58.) 
 
 Board of state prison commissioners to have such supervision 
 
 as may be prescribed by law. (Ida. IV 18, X 5; Mont. 
 
 VII -10 1 Nov. V 21; Utah VII 13.) 
 
 Penitentiary at Santa Fe to be under control of board. (N.M. 
 
 XIV 1, 2.) 
 rvision of state prison duty of commissioner of agricul- 
 ture. '(Fla. IV 26.) 
 Board to have control of penitentiary, branch prisons and prison 
 farms, subject to regulations and requirements prescribed by 
 
 law. (Va. XI 148.) 
 ate commissioner of prisons to visit and inspect all institutions 
 ition of sane adults charged with or convicted of 
 or detained as witnesses or debtors; this visit and in- 
 n apt !" exclude other visit and inspection now author- 
 ized by law. (N.Y. VIII 11. 13.) 
 Establishment and Support 
 
 to provide for erection of house of correction where 
 nd persons guilty of misdemeanors shall be re- 
 oily employed. (X.C. XI 4.) 
 Legislature may establish home and workhouse for common 
 
 vagrants. (Fla. XIII 2.)
 
 Index Digest 1079 
 
 PENAL INSTITUTIONS (Cont'd) 
 Prisons (Cont'd) 
 
 Establishment and Support (Cont'd) 
 
 Territorial prison located under existing laws to remain one 
 
 of state prisons. (Minn. XV 5.) 
 Penitentiary to be a state penal institution. (S.D. XIV 1.) 
 Penitentiary confirmed as state institution; grants by Congress 
 and others therefor accepted and to be exclusively used there- 
 for. (X.M. XIV 1, 2.) 
 Penitentiary to be established. (Kan. VII 2.) 
 State prison to be established and maintained in manner pre- 
 scribed by law. (Fla. XIII 2; Nev. XIII 2.) 
 Erection of safe and comfortable prisons to be provided for. 
 
 (Tenn. I 32; Wyo. I 16.) 
 State penitentiary established with such branch prisons and 
 
 prison farms as may be provided by law. (Va. XI 147.) 
 Legislature at first meeting to provide for erection and conduct 
 of state's prison or penitentiary at central and accessible 
 point in state. (N.C. XI 3.) 
 
 Inmates 
 
 Legislature to require that the structure and superintendence of 
 penal institutions of state, county jails and state police 
 prisons, secure health and com'ort of prisoners and that male 
 and female prisoners be never confined in same cell. (N.C. 
 
 XI 6.) 
 
 Abuse of persons in prison prohibited. (Ga. I Sec. I 9.) 
 
 Persons confined in jail not to be treated with unnecessary 
 rigor. (Ind. I 16; Ore. I 13; Utah I 9.) 
 
 No person arrested and confined in jail to be treated with un- 
 necessary rigor; humane treatment of prisoners to be pro- 
 vided for. (Tenn. 1 13, 32; Wyo. I 16*) 
 
 Children not to be committed to or placed in any police station, 
 jail or other lockup. (La. US.) 
 
 Person under age of 18 accused or convicted of crime not to 
 be confined in same section of jail or prison in which adult 
 prisoners are confined, but suitable quarters to be prepared. 
 
 (Ariz. XXII 10.) 
 
 Legislature may provide for separation of sexes, and for separa- 
 tion of white and black convicts as far a.s practicable, and 
 for religious worship for convicts. (Miss. X 25.) 
 
 Persons convicted of felony and sentenced to confinement in peni- 
 tentiary to be confined at labor within penitentiary; state to 
 maintain control of discipline, provide for all supplies and 
 sanitary condition. (Ky. 253, 254.) 
 
 Convicts to be under supervision and control of officers of the 
 state; maintenance, support, medical attendance to be under 
 direction of officers detailed by penitentiary authorities. 
 
 (S.C. XII 9.) 
 
 Prohibition of extra allowance to public officers not to prevent 
 legislature from increasing or diminishing at any time allow-
 
 •mi State Constitutions 
 
 PENAL INSTITUTIONS (Cont'd) 
 fd) 
 Inmates (Con? 
 
 aaee to sheriff or other officers for feeding, transferring or 
 guarding prisbneM. (Ala. IV 68.) 
 es, See Elections — Qualifications and Disqualifications 
 
 of Electors — Prisoners. 
 -ons under arrest, See Crimes — Arrest. 
 
 Inspection 
 
 Inspection of prisons to be provided for. (Tenn. I 32; 
 
 Wyo. I 16.) 
 
 Officers 
 
 Keeper of state prison appointed by governor "with advice and 
 consent! of senate; term of office five years. (N.J. VII 
 
 Sec. II 4.) 
 Warden appointed and removed by board. Subordinates ap- 
 pointed by warden subject to approval of board. ( Iowa X 5. ) 
 Superintendent of penitentiary to be appointed or elected as 
 prescribed by law. Governor may fill vacancies unless other- 
 wise provided for and may remove until next session of legis- 
 lature and until successor appointed and confirmed. (S.C. 
 
 XII 5, 8.) 
 Superintendent of state prisons appointed by governor with con- 
 sent of senate for five years unless sooner removed for cause, 
 after service of charges and hearing; bond as required by law; 
 to appoint agents, wardens, physicians, chaplains; to super- 
 intend, manage and control state prisons, subject to law, 
 and perform duties formerly exercised by inspectors of state 
 prisons, and as prescribed by law; to approve appointment 
 by agent and warden of each prison of other officers, except 
 clerks, who are appointed by state comptroller. (N.Y. V 4, 6.) 
 Wardens and clerks appointed by state board of prison directors 
 and removed by them for misconduct, incompetency or neglect 
 of duty, other necessary officers "determined" by board, and 
 officers and employees appointed by warden and removed at 
 his pleasure; powers and duties of wardens and clerks to be 
 
 regulated by law. (Cal. X 3.) 
 rintendents mid surgeons appointed by state board of 
 directors for term of four years and removed by board for 
 misbefifevibr, incapacity, neglect of duty or acts performed 
 without authority of law; other officers and employees ap- 
 pointed and removed by superintendents. (Va. XI 148.) 
 laplaih for each prison may be authorized by legislature. 
 
 (Mich. V 26.) 
 
 Provisions Of etfhstitutioa relating to religious freedom not to 
 
 be conatriied to forbid employment by state of chaplain for 
 
 State penitentiary and for such of state reformatories as 
 
 ture may prescribe, (Wash. I 11.) 
 
 Slature may provide for a guard for state prison. (Fla. 
 
 XIV 2.)
 
 Index Dh.kst 108fl 
 
 PENALTIES, See Crimes. 
 
 PENSIONS 
 
 Should not be granted except in consideration of actual services and 
 ought not to be granted for more than year at a trine and with great 
 
 caution. (X.H. I 36.) 
 Legislature not to grant except for military and naval services. (S.C. 
 
 Ill 32.) 
 Not to be granted by local, private or special law. (Va. IV 63.) 
 Legislature not to retire officer on pay or part pay. (S.C. Ill 32.) 
 Legislature not to retire officer on pay, or part pay, nor make Him any 
 
 grant. (Ala. IV 98; Miss. IV 93; Okla. V 47.) 
 General pension system not to be established. (Md. Ill 59.) 
 Soldiers and sailors, See Soldiers and Sailors. 
 
 PERPETUITIES, See Property — Perpetuities. 
 
 PERSONAL INJURIES 
 
 Ncr also Injuries. 
 
 See also Life, Liberty and Property. 
 
 See also Administration of Justice. 
 
 Death, See Death. 
 
 Injury .to person to have certain remedy. (Ark. II 13; Minn. I 8; Mo. 
 
 II 10; N.H. I 14; Okla. II 6; Wis. I 9.) 
 Every person ought to find certain remedy in laws for injuries' he may 
 
 receive to person. (111. II 19; Mass. Pt. I 11; R.I. I 5; Vt. I 4.) 
 Injury to person to be redressed by due course of law. (Conn. I 12; 
 
 Del. I 9; Fla. D.R. 4; Ind. I 12; Kan. B.R. 18; Ky. 14; Me. I 19; 
 
 Miss. Ill 24; Nebr. I 13; N.C. I 35; Ohio I 16; Ore. I 10; Pa. I 11; 
 
 S.D. VI 20; Tenn. I 17; Tex. I 13; W.Va. Ill 17.) 
 Injury to person to be redressed by due process of law. (Ala. I 13; 
 
 N.D. I 22.) 
 Injurv to person to be adequately redressed by due process of law. 
 
 (La. G.) 
 Injury to person to be redressed by due process of law administered 
 
 without denial or unnecessary delay. (Utah I 11.) 
 Injury to person ought to be redressed by the course of the law of the 
 
 land. (Md. D.R. 19.) 
 
 Injury to person to be redressed without sale, denial or delay. (Wyo. 
 
 I 8.) 
 
 Injury to person to be redressed speedily. (Colo. II 6; Ida. I 18; Mont. 
 
 Ill G; Okla. II G.) 
 Legislature not to limit amount to be recovered for injuries to persons. 
 
 (Ark. V 32; Ky. 54; Pa. Ill 21.) 
 No law to be enacted limiting amount of damages for causing the injury 
 
 "of any person". (Ariz. II 31; Wyo. X 4.) 
 No act to prescribe limitation of time within which suits may be brought 
 
 against corporations for injuries to persons, dilfercnt from those fixed 
 
 by general laws regulating actions against natural persons; such acts 
 
 now existing avoided. (Pa. Ill 21.)
 
 - L - State Constitutions 
 
 PERSONS UNDER LEGAL DISABILITY 
 
 Mi Mi \<>i;s. 
 
 I yronpen, See Women. 
 iration to rights of persons convicted of crime, See Crimfs — As 
 1) 1>V , A | a ob Disability, and cross references there given. 
 
 to be affected by local or special law. (Cal. IV 25; Ida. 
 19 ; | La. 18; -Minn. IV 33; Mo. IV 53; Mont. V 26; N.D. 
 
 11 la. V Hi: Tex. Ill 56; W'yo. Ill 27.) 
 
 not to be a:l'ected by local or special law, except after due notice 
 to all parties in interest, to be recited in the special enactment. 
 
 (Pa. Ill 7.) 
 imbrance or disposal of property, local or special law 
 
 prohibited. (Ky. 59.) 
 
 I law prohibited; but legislature to confer on 
 
 - power to direct. (Va. IV G3.) 
 
 real estate by executors, administrators, guardians or trustees, 
 
 • al or special law not to provide for. (Ind. IV 22; Md. Ill 33; 
 
 Ore. IV 23.) 
 
 estate, local, private or special law prohibited. (Colo. V 
 
 Fla. Ill 20; Mont. V 26; Nebr. Ill 15; Xev. IV 20; N.M. IV 24; 
 
 X.I). II C'.i; S.J). Ill 2.3; Utah VI 26; Wash. II 28; W.Va. VI 39; 
 
 Wis. IV 31; Wyo. Ill 27.) 
 Sale of personal property, local, private or special law prohibited. (Nev. 
 
 IV 20; Wash. II 2S; Wis. IV 31.) 
 
 i real estate, local private or special law prohibited. (Colo. 
 
 '. 25; Mont. V 26; Nebr. Ill 1.1; X.M. IV 24; N.D. II 69; S.D III 
 
 I tali VI 26; Wash. II 28; W.Va. VI 39; Wis. IV 31; Wyo. Ill 27.) 
 
 Mortgage of personal property, private or special law prohibited. (Wash. 
 
 II 28; Wis. IV 31.) 
 nl or administration of estate, or sale or mortgage of property, 
 -»n of unsound mind, local, private or special law prohibited. 
 
 (Miss. IV 90.) 
 PETITION, RIGHT OF 
 
 For right to assemble and to petition, See Assembly, Plight of. 
 
 . man hath right to petition legislature for redress of grievances 
 in peaceful and orderly manner. (Md. D.Pv. 13.) 
 
 PHARMACIES 
 
 PHYSICIANS. 
 
 !'i blic Health. 
 
 PHYSICIANS 
 
 rds of health, See Public Bealth. 
 
 ■ provide qualifications of practitioners of medicine in state 
 
 »r malpractice, but no preference to be given 
 
 ■ '1 of medicine^ I'iVx. XVI 31.) 
 
 i and pharmacists now legally registered and prac- 
 nd Indian territory to be eligible to registration in 
 ithout examination or cost. (Okla. V 39.)
 
 Index Digest 1083 
 
 PHYSICIANS (Cont'd) 
 
 Until otherwise provided by law. dental surgeons licensed in territory 
 of Oklahoma and those residents of Indian territory on June 16, 
 1900, and all graduates of reputable school or college of dental sur- 
 gery to be eligible and licensed to practice without examination. 
 
 (Okla. Sched. 14.) 
 Legislature to provide for protection of people from unqualified prac- 
 titioners of medicine and surgery and for prot< ■ ■ ■ 1 1 1 i ; 1 1 com 
 munications to physicians by patients. (La. 297.) 
 
 PIPE LINES 
 
 Oil pipe lines authorized to do business may construct and operate line 
 between any points, connect at state lines and intersect, connect with 
 or cross any other line. (Okla. IX 2. > 
 
 Oil pipe companies subject to "reasonable control and regulation" of 
 corporation commission; must receive and transport each other's com- 
 modities, under regulation. i< ! k!a. IX 4.) 
 
 Pipe line corporations declared to be common carriers. (Wyo. X 7.) 
 
 Corporations declared to be common carriers, and subject to control by 
 
 law. (Ariz. XV 10.) 
 
 Corporations declared to be public utilities; control vested in railroad 
 commission which may fix ra1 n power to do so is conferred by 
 
 legislature, (CaL XII 23.) 
 
 Foreign oil pipe lines must incorporate under domestic law, to exercise 
 right of eminent domain. (Okla. IX 31.) 
 
 Eminent domain, See Eminent Domain — Special Pitslic Purpose. 
 
 POLICE 
 
 No armed person or persons to be brought into state for purpose of sup- 
 pressing domestic violence, except upon application of legislature or 
 governor when legislature cannot be convened. (Ida. XIV 6; Ky. 
 
 225; Mont. Ill 31: S.C. VIII 9.) 
 No armed or unarmed men ever to be brought into state for suppression 
 of domestic violence, except upon application of legislature, or execu- 
 tive when legislature cannot be convened. (Wyo. XIX Police 
 
 Powers 1.) 
 No armed person or bodies of men to be brought into state by corpora- 
 tion or association for preservation of peace or suppression of domestic 
 violence, except by authority of law. (Utah XII 10.) 
 Provision prohibiting right of citizen to bear arms in defense of himself 
 or state not to be construed as authorizing individuals or corpora- 
 tions to organize, maintain or employ an armed body of men. (Ariz. 
 
 II 26.) 
 No organized body of armed men, other than active militia, to be per- 
 mitted to perform military duty in state exeept army of United States, 
 without proclamation of governor. (N.D. XIII 190.) 
 Police force of city, town or parish not to be organized or used as part 
 
 of state militia. (La. 301.) 
 POLICE COURTS, See Courts. 
 
 POLICE MAGISTRATES, See Courts — Police Courts.
 
 -.j SXAIK I 'i INSTITUTIONS 
 
 POLITICAL CORPORATIONS, Bee Municipalities. 
 POLITICAL DIVISIONS OF STATE, S<!e Municipalities. 
 POLITICAL SUBDIVISIONS OF STATE, See Municipalities. 
 
 POLITICAL YEAR 
 
 State Finances — Fiscal Year. 
 
 on first clay of January. (N.Y. X G.) 
 ice on first Monday in January. (Minn. VII 9; Miss, XIV 
 
 257; Wis. XIII 1.) 
 imence on first Wednesday in January. (Mass. Amend. X.) 
 
 POLYGAMY 
 
 UsQualificdtibn to vote, See Elections — Qualifications and Dis- 
 
 LTFICATIONS OF ELECTORS — BlGAMY AS DISQUALIFICATION. 
 
 Polygamous or plural marriages prohibited; provision not to be changed 
 
 without consent of United States. (UtaTi III 1.) 
 Pol-. - or plural marriages and polygamous cohabitation forever 
 
 prohibited; provision not to be changed without consent of United 
 
 States. (Ariz. XX; N.M. XXI 1.) 
 and polygamy prohibited and legislature to provide for punish- 
 ment. (Ida. I 4.) 
 Polygamous or plural marriages prohibited. (Okla. I 2.) 
 Bigamists or polygamists may not serve on jury or hold civil office. 
 
 (Ida. VI 3.) 
 PREAMBLES 
 
 •" We, the people of the state of Alabama, in order to establish justice, in- 
 Bure domestic tranquility and secure the blessings of liberty to our- 
 selves and our posterity, invoking the favor and guidance of Almighty 
 God, do ordain and establish the following constitution and form of 
 rernment for the state of Alabama". 
 " We, the people of the state of Arizona, grateful to Almighty God for 
 
 our liberties, do ordain this constitution". 
 " We, the people of the state of Arkansas, grateful to Almighty God for 
 privilege 1 of choosing our own form of government, for our civil and 
 religious liberty, and desiring to perpetuate its blessings and secure 
 ~:inu- to ourselves and posterity, do ordain and establish this con- 
 •. ion ". 
 " We, the people of the state of California, grateful to Almighty God for 
 otor freedom; in order to secure and perpetuate its blessing, do establish 
 • lit ion ". 
 the people of Colorado, with profound reverence for the Supreme 
 uler of the universe, in order to form a more independent and per- 
 rnineirt'; establish justice, insure tranquility; provide for the 
 a defense; promote the general welfare, and secure the blessings 
 >ertj to ourselves and our posterity, do ordain and establish this 
 'i-tiiution for tie- • atate of Colorado' *. 
 I he people of Connecticut, acknowledging with gratitude, the good provi- 
 in having permitted them to enjoy a free government, do, 
 more effectually to define, secure, and perpetuate the liberties,
 
 I m>!'.\' I )kji:st 10-;, 
 
 PREAMBLES (Cont'd) 
 
 rights and privileges which they have derived from their ancestors, 
 hereby, after a careful consideration and revision, ordain and establish 
 
 the following constitution, and I'm m oif eivil gorernmenl ". 
 " Through Divine goodness, nil men have ISy nature the rights of worship- 
 ping and serving their Creator according to the dictates of their con- 
 sciences, of enjoying and defending life and liberty, of acquiring and 
 protecting reputation and property, and in general of attaining objects 
 suitable to their condition, without injury by one to another: and as 
 these rights are essential to their welfare, for due exercise thereof, 
 power is inherent in them; and then fore all just authority in the insti- 
 tutions of political society is derived from the people, and established 
 with their consent, to advance their happiness 1 ; and they may for this 
 end, as circumstances require, from time to time, alter their constitu- 
 tion of government ". ( Delaware. ) 
 "We, the people of the state of Florida, grateful to Almighty Cod for 
 our constitutional liberty, in order to secure its blessings and to form 
 a more perfect government, insuring domestic tranquility, maintaining 
 public order, and guaranteeing equal civil and political rights to all, do 
 
 ordain and establish this constitution". 
 
 " To perpetuate the principles of free government, insure justice to all. 
 
 preserve peace, promote the intere-t and feappiness of the citi7.cn, and 
 
 transmit to posterity the enjoyment of liberty, we, the people of 
 
 Georgia, relying upon the protection and guidance of Almighty God, do 
 
 ordain and establish this constitution ". 
 
 "We, the people of the state of Idaho, grateful to Almighty God for our 
 
 freedom, to secure its blessings and promote our common welfare do 
 
 establish this constitution ". 
 "We, the people of the state of Illinois — grateful to Almighty God for 
 the civil, political and religious liberty which He hath so long per- 
 mitted us to enjoy, and looking to Him for a blessing upon our en- 
 deavors to secure and transmit the same unimpaired to succeeding gen- 
 erations — in order to form a more perfect government, establish jus- 
 tice, insure domestic tranquility, provide for the common defense, pro- 
 mote the general welfare, and secure the blessing of liberty to our- 
 selves and our posterity, do ordain and establish this constitution for 
 
 the state of Illinois ". 
 "To the end that justice be established, public order maintained, and 
 liberty perpetuated: We, tin- people of the state of Indiana, grateful 
 to Almighty God for the free exercise of the right to choose our own 
 form of government, do ordain this Constitution ". 
 "We, the people of the state of low,-.. grateful to the Supreme Being for 
 the blessings hitherto enjoyed, and feeling our dependence on Him for a 
 continuation of those blessings, do ordain and establish a free and in- 
 dependent government, by the name of the stitr of Iowa, the boundaries 
 
 whereof shall be as follows ". 
 
 "We, the people of Kansas, grateful to Almighty God for our civil and 
 
 religious privileges, in order to insure the full enjoyment of our rights 
 
 as American citizens, do ordain and establish this constitution of the 
 
 state of Kansas, with the following boundaries, to wit: Beginning
 
 State Constitutions 
 
 PREAMBLES (Cont'd) 
 
 .u a point "ii the western boundary of the state of Missouri, where the 
 nth parallel of north latitude crosses the same; thence run- 
 Baid parallel to the twenty-fifth meridian o; longitude 
 from Washington; thence north on said meridian to the fortieth 
 tllel of north latitude: thence east on said parallel to the western 
 boundary of the state of .Missouri; thence south, with the western 
 lundary of said state, to the place of beginning", 
 " We, the people of the commonwealth of Kentucky, grateful to Almighty 
 ! fox the civil, political and religious liberties we enjoy, and invok- 
 the continuance of these blessings, do ordain and establish this con- 
 stitution ". 
 
 • We, the people of the state of Louisiana, grateful to Almighty God for 
 
 civil, political and religious liberties we enjoy and desiring to se- 
 curi lontinuance of these blessings; do ordain and establish this 
 
 constitution ". 
 " We, the people of Maine, in order to establish justice, insure tranquil- 
 ity, provide lor our mutual defense, promote our common welfare, and 
 ■ ruie to ourselves and our posterity the blessings of liberty, acknowl- 
 _ing with grateful hearts the goodness of the Sovereign Ruler of the 
 e in affording us an opportunity, so favorable to the design; 
 and, imploring His aid and direction in its accomplishment, do agree to 
 form ourselves into a free and independent state, by the style and title 
 the state of .Maine, and do ordain and establish the following consti- 
 tution for the government of the same". 
 " We, the people of the state of Maryland, grateful to Almighty God for 
 our civil and religious liberty, and taking into our serious considera- 
 bion the best means of establishing a good constitution in this state 
 for the sure foundation and more permanent security thereof, declare " : 
 ■ end of the institution, maintenance, and administration of gov- 
 ernment, is to secure the existence of the body politic, to protect it, 
 d to furnish the individuals who compose it with the power of en- 
 ing in safety and tranquility their natural rights, and the blessings 
 of life; and whenever these great objects are not obtained, the people 
 have a righl to alter the government, and to take measures necessary 
 for their safety, prosperity, and happiness". 
 ' The body politic is formed by a voluntary association of individuals : it 
 social compact, by which the whole people covenants with each 
 citizen, and each citizen with the whole people, that all shall be gov- 
 erned by certain laws for the common good. It is the duty of the peo- 
 ple, therefore, in framing a constitution of government, to provide for 
 n equitable mode of making laws, as well as for an impartial interpre- 
 tion and a faithful execution of them; that every man may, at all 
 • -. find bis security in them ". 
 
 • We, therefore, the people of Massachusetts, acknowledging, with grate- 
 
 i lean,, the goodness of the great Legislator of the universe, in af- 
 
 irding us. in the course of His providence, an opportunity, deliberately 
 
 1 peaceably, without fraud, violence, or surprise, of entering into an 
 
 " :i1 - explicit, and solemn compact with each other; and of form- 
 
 i new c,,,, tit ut ion of civil government, for ourselves and posterity;
 
 1 m)ex Digest 1087 
 
 PREAMBLES (Cont'd) 
 
 and devoutly imploring His direction in so interesting a design, do 
 agree upon, ordain, and establish, the following Declaration of Rights, 
 and frame of government, as the constitution of the commonwealth of 
 
 Massachusetts ". 
 
 "The people, inhabiting the territory formerly called the Province of 
 Massachusetts Bay, do hereby solemnly and mutually agree with each 
 other, to form themselves into a free, sovereign, and independent body 
 politic, or state, by the name of the commonwealth of Massachusetts ". 
 
 — (Pt. II.) 
 
 " We, the people of the state of Michigan, grateful to Almighty God for 
 the blessings of freedom, and earnestly desiring to secure these blessings 
 undiminishd to ourselves and our posterity, do ordain and establish 
 
 this constitution ". 
 
 "We, the people of the state of Minnesota, grateful to God for our civil 
 and religious liberty, and desiring to perpetuate its blessings and se- 
 cure the same to ourselves and our posterity, do ordain and establish 
 
 this constitution ". 
 
 "We, the people of Mississippi in convention assembled, grateful to Al- 
 mighty God, and invoking His blessing on our work, do ordain and es- 
 tablish this constitution ". 
 
 " We, the people of Missouri, with profound reference for the Supreme 
 Ruler of the universe, and grateful for His goodness, do, for the better 
 government of the state, establish this constitution". 
 
 " We, the people of Montana, grateful to Almighty God for the blessings 
 of liberty, in order to secure the advantages of a state government, do, 
 in accordance with the provisions of the enabling act of Congress, ap- 
 proved the twenty-second of February, A. D. 1889, ordain and establish 
 
 this constitution ". 
 
 " We, the people, grateful to Almighty God for our freedom, do ordain 
 and establish the following declaration of rights and frame of govern- 
 ment, as the constitution of the state of Nebraska ". 
 
 "We, the people of the state of Nevada, grateful to Almighty God for 
 our freedom, in order to secure its blessings, insure domestic tranquil- 
 ity, and form a more perfect government, do establish this constitu- 
 tion ". 
 
 "The people inhabiting the territory formerly called the Province of 
 New Hampshire do hereby solemnly and mutually agree with each 
 other to form themselves into a free, sovereign, and independent body 
 politic, or state, by the name of the state of New Hampshire". < I't. 
 
 II 1.) 
 
 "We, the people of the state of New Jersey, grateful to Almighty God 
 for the civil and religious liberty which He hath so long permitted us 
 to enjoy, and looking to Him for a blessing upon our endeavors to se- 
 cure and transmit the same unimpaired to succeeding generations, do 
 ordain and establish this constitution ". 
 
 "We, the people of New Mexico, grateful to Almighty God for the 
 blessings of liberty, in order to secure the advantages of a state gov- 
 ernment, do ordnin and establish this constitution". 
 
 "We, the people of the state of New York, grateful to Almighty Cod for
 
 State Coxstitutions 
 
 PREAMBLES [Cont'd) 
 
 m, in order to secure its blessings, do establish this consti- 
 tution ". 
 . f ill,, --.,;. of North Carolina, grateful to Almighty 
 Ruler of nations, for the preservation of the 
 ,1. and the exigence of our civil, political and religious 
 i, and acknowledging our dependence upon Him for the con- 
 
 us and our posterity, do, for the more 
 ,id for the better government of this state, 
 stablish this constitution." 
 
 or North Dakota, grateful to Almighty God for the 
 oi civil and religious liberty, do ordain and establish this 
 
 constitution ". 
 
 •• yye, tbe people of the state of Ohio, grateful to Almighty God for our 
 
 ; - - blessings and promote our common welfare, do 
 
 establish this constitution ". 
 •• Invtokins fcbt guidance of Almighty God, in order to secure and per- 
 ,.,■ | blessings of liberty; to secure just and rightful govern- 
 
 ment ; to promote our mutual welfare and happiness, we the people of 
 th( i ' i,Jahoma, do ordain and establish this constitution". 
 
 •• \\ of the state of Oregon, to the end that justice be estab- 
 
 li-li.u, oldei maintained, and liberty perpetuated, do ordain this con- 
 stitution ". 
 " We, the people of the commonwealth of Pennsylvania, grateful to Al- 
 . r,\ in (i f©r th< blessings of civil and religious liberty, and humbly 
 invoking His guidftncej do ordain and establish this constitution". 
 "He. the people of the state of Rhode Island and Providence planta- 
 tions, plateful to Almighty God for the civil and religious liberty 
 Which lie hath so long permitted us to enjoy, and looking to Him for 
 a I i:moh our endeavors to secure and to transmit the same 
 
 miini|i.iircd to sua venerations, do ordain and establish this 
 
 constitution of government ". 
 " \\ i'. the people of the state of South Carolina, in convention assembled, 
 grateful to <;od for our liberties, do ordain and establish this con- 
 dition lor ii,c preservation and perpetuation of the same". 
 " We, the people of South Dakota, grateful to Almighty God for our civil 
 and religious liberties, in order to form a more perfect and independent 
 -om'mi itaolish justice, insure tranquility, provide :or the com- 
 
 mon ,; p pmote the general welfare and preserve to ourselves 
 
 '■""'' to our posterity ' ssii\gs o liberty, do ordain and establish 
 
 this constitution for the state of South Dakota"'. 
 
 ■ people of the territory of the United States south of the 
 Ihio, having the righft of admission into the general government 
 l " member -i .!■• tjbewf, eon.-isl ent with the constitution of the 
 '"'led States and tie- art of cession of the state of North Carolina, 
 ordinance for the government of the territory of the 
 norihwe-t o. the phio riser, by their delegates and rep- 
 i!i conventiofl assembled, did, on the sixth day of Feb- 
 1 fc he year of our Lord one thousand seven hundred and ninety- 
 lain and establish, a constitution, or form of government, and
 
 Index Digest 1081) 
 
 PREAMBLES (Cont'd) 
 
 mutually agreed with eaoh 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 Cenrleasee (pursuant 
 to the third section of the tenth article of the constitution), by an 
 act passed on the tweut \ -se\ ,ni h .Li\ of November, in the year of our 
 Lord one thousand eight hundred and thirl y-three, entitled "An Act" 
 to provide for the calling of a convention, passed in obedienoe to the 
 declared will of the voters "■ thie state, as expressed at the general 
 ( lection of August, in the year of our Lord one. thousand eight hun- 
 dred and thirty-three, did authorize and provide for the election, by 
 the people, of delegates and representatives^ to meel 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 con- 
 vention did accordingly meel and form a constitution, which was sub- 
 mitted to the people, and was ratified by them, on the lirst Friday in 
 March, in the year of our Lord one thousand eight hundred and thirty- 
 five; and 
 Whereas the general assembly of the said stale 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 stale, 
 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 revising the pres- 
 ent constitution, or forming and making a new constitution; and 
 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 oi' Tennessee, duly elected, and in convention assembled, 
 in pursuance of said 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 in s;n ". 
 " Humbly invoking the blessing of Almighty Cod, the people of the state 
 ■•Grateful to Almighty God for life ami liberty, we, the people of Utah, 
 in order to secure and perpetuate the principles of free government, 
 do ordain and establish this constitution ". 
 " Whereas, pursuant to an act of the general assembly of Virginia, ap- 
 proved March the fifth, in the year of our Lord nineteen hundred, 
 the question, 'shall there be a convention to revise the constitution 
 and amend the same?" was submitted to the electors of the state of 
 Virginia, qualified to vote for members of the general assembly, at an 
 election held throughout the state oil the fourth Thursday in May, in 
 the year nineteen hundred, at which election a majority of the electors 
 so qualified voting at said election did decide in favor of a. convention 
 
 for such purpose; and.
 
 1() State Constitutions 
 
 PREAMBLES [Cont'd) 
 
 . the general assembly at its next session did provide by law 
 eetioii of delegates to such convention, in pursuance whereof 
 . f this convention were elected by the good people of 
 Virginia, to meet in convention for such purpose. 
 
 the people of Virginia, so assembled in. convention 
 through our representatives, with gratitude to God for His past favors, 
 ■Mid invoking His blessings upon the result of our deliberation, do 
 ordain and establish the following revised and amended constitution 
 for the government of the commonwealth": 
 
 ■ people of Hi" Mate of Washington, grateful to the Supreme 
 Kulcr of the universe for our liberties, do ordain this constitution". 
 the people of Wisconsin, grateful to Almighty God for our free- 
 dom; in order to secure its blessings, form a more perfect government, 
 insure domestic tranquility and promote the general welfare; do 
 
 establish this constitution ". 
 • We. the people of the state of Wyoming, grateful to God for our civil, 
 olitical and religious liberties, and desiring to secure them to our- 
 selves and perpetuate them to our posterity, do ordain and establish 
 
 this constitution ". 
 PRECINCTS, n<< Municipalities. 
 
 PRESIDENT OF UNITED STATES 
 
 Presidential electors to be chosen or elected in manner and at time 
 
 prescribed by law. (La. 206.) 
 Delegates to national conventions of political parties to be chosen by 
 din of electors. Each candidate to state his first and second 
 
 choice for president, which preference to be printed on primary ballot 
 below name of candidate, but name of candidate for presidency not 
 to be ><> used without his written authority. (Ohio V 7.) 
 PRESS, FREEDOM OF, See Freedom of Speech and Publication. 
 PRIMOGENITURE, See Property - - Primogeniture and Entail. 
 
 PRINTING 
 
 n. . Public Printing. 
 
 ( frnl racts for, S< i l'i blic < Jontracts. 
 
 PRIVATE GUARDS, See Polk i •:. 
 PRIVATE INSTITUTIONS 
 Aid to 
 
 I ii aim i iks. See Public Property — Grants for 
 
 Education -Normal Religious Purposes. 
 
 S lb. See Public Lands — Grants. 
 
 Education — Appbopbi- See Counties. 
 
 \ii. See Cities. 
 
 Education— Sectarian See .Municipalities. 
 
 Ins i ii i i kins. S« e 'I owns. 
 
 Religion — Appropri- See Villages. 
 
 \ 1 1" See State Debt — Purpose. 
 
 - • Public Property- See Penal Institutions — Reform- 
 
 Obani atories.
 
 liNDK.x Dk;i;st 1091 
 
 PRIVATE INSTITUTIONS (Cont'd) 
 Appropriations 
 
 For generai provisions in regard to purpose of appropriations and 
 so to appropriations for private institutions i See State Finances 
 
 — Expenditures — Pubpose. 
 Investigation and control 
 See Charities. 
 
 See Charities and Corrections. 
 Charitable corporations. See Charities — Charitable Corporations. 
 Educational corporations. See EDUCATION*. 
 Penal corporations, See Penal Institutions. 
 
 PRIVATE LAWS, gee Special or Local Laws. 
 
 PRIVILEGES 
 
 See also Life, Liberty and Property. 
 
 Hereditary, See Hereditary Distinctions. 
 
 Exemption from operation of general lairs. See Laws — General Laws. 
 Suspension of lairs for benefit of limited class, See Laws — Suspension. 
 Equality in General 
 
 No exclusive privileges, except as provided in this article, shall ever 
 
 be granted. (Iowa VIII 12.) 
 
 No citizen or class of citizens to be granted privileges or immunities 
 
 which upon same terms may not be granted to all citizens. (Cal. 
 
 I 21' ; X.l). I 20.) 
 No law to be passed granting to any citizen or class of citizens 
 privileges or immunities which, upon game terms, shall not equally 
 belong to all citizens. (Ore. I 20.) 
 One citizen or class of citizens not to be granted privileges or immun- 
 ities by legislature which upon same terms shall not equally 
 belong to all citizens. (Ark. II IS; ind. I 23; Iowa I (!. ) 
 No law to be enacted giving to one citizen or class of citizens or 
 corporations privileges or immunities not equally open to all citi- 
 zens or corporations. (S.D. VI 18.) 
 No law to be enacted giving to one citizen or class of citizens or 
 corporations, other than municipal, privileges or immunities not 
 equally open to all. (Ariz. II 13; Wash. I 12.) 
 No man or set of men entitled to exclusive public privileges from 
 
 community. (Conn. I 1.) 
 Same; adds '"but in consideration of public services". (Ky. 3; 
 
 N.C. I 7; Tex. I 3 ; Va. I 4.) 
 No citizens to he deprived of right, privilege or immunity, or ex- 
 empted from burden or duty, on account of race, color or previous 
 
 condition. (Ark. II 3.) 
 Laws affecting political rights and privileges of citizens to be with- 
 out distinction of race, color, sex. or circumstance or condition 
 whatever, other than individual incompetency or uhworthiness 
 duly ascertained by court of competent jurisdiction. (Wyo. I 3.)
 
 State ( oxstltutioss 
 
 PRIVILEGES {Cont'd) 
 
 l.m ai . Private ob Special Law 
 
 Legislature aoi to pass, -ranting charter. (Ala. IV 104.) 
 
 islature not to pass, granting exclusive privilege, immunity or 
 franchise to corporation, association or individual. (N.J. IV Sec. 
 
 VII 11.) 
 
 Sam,': "special" instead of "exclusive". (Utah VI 26.) 
 
 Legislature not to pass, granting any exclusive privilege, immunity 
 
 or franchise to any private corporation, association or individual, 
 
 unless hill or amendment reported by commissioners to revise 
 
 statutes. (N.Y. Ill 18, 23.) 
 Legislature not to pass, granting to corporation, association or in- 
 dividual, special or exclusive privilege, immunity or franchise. 
 (Ariz. IV 19; Colo. V 25; Minn. IV 53; Mont. V 26; N.D. II 
 
 69; Pa. Ill 7; S.D. Ill 23.) 
 same; adds '-nor amending existing charters for such purpose". 
 (111. IV 22; Nebr. Ill 15; N.M. IV 24; Wyo. Ill 27.) 
 Legislature not to pass, granting to corporation, association or indi- 
 vidual, special or exclusive right, privilege or immunity. (Cal. 
 
 IV 25; La. 48; Mo. IV 53.) 
 Same; adds "private" before "corporation". (Va. IV 63.) 
 
 Prohibition of Irrevocable Grants 
 
 No law granting irrevocably any privilege, franchise or immunity 
 
 to be enacted. (Ariz. II 9; S.D. VI 12; Utah I 23.) 
 Same; adds "by legislature". (Wash. I 8.) 
 No laws granting irrevocable special privilege, franchise or immunity 
 
 to be enacted by legislature. (Colo. II 11; Mont. Ill 11.) 
 No law granting irrevocable special privilege or immunities to be 
 
 passed. (Ga. I Sec. Ill 2; Nebr. I 16; Pa. I 17.) 
 Same; adds "by legislature". (111. II 14; Mo. II 15.) 
 Legislature not to pass law making irrevocable or exclusive grants 
 of special privileges or immunities; every grant of a franchise, 
 privilege or immunity shall forever remain subject to revocation, 
 alteration or amendment. (Ala. I 22.) 
 No irrevocable or uncontrollable grant of special privileges or immun- 
 ities to be made; but all privileges and franchises granted by 
 legislature, or created under its authority, to be subject to its 
 
 control. (Tex. I 17.) 
 
 No Bpecial privileges or immunities to be granted which may not 
 
 be altered, revoked or repealed by legislature. (Cal. I 21; Ida. 
 
 I 2; N.D. I 20; Ohio I 2.) 
 
 pecial privileges or immunities shall ever be granted by legis- 
 
 lalurc which may not be altered, revoked or repealed by same 
 
 body; and this power shall be exercised by no other tribunal or 
 
 agency". (Kan. B.R. 2.) 
 Subject to provisions of this article legislature may amend or repeal 
 laws granting special or exclusive privileges or immunities, by 
 of two -thirds of each house. (Iowa VIII 12.)
 
 Index Digest 1093 
 
 PRIVILEGES (Cont'd) 
 Protection of 
 
 Injury to immunities to >><■ redressed l>y due course of law. (Me. 
 
 I 19.) 
 
 Injury to rights to lie adequately repressed by <\u<> process of law. 
 
 i La. 6.) 
 
 Privileges and immunities of citizens of state and United States 
 under this constitution not to be abridged. (S.C. I 5.) 
 
 PRIZE-FIGHTING 
 
 Prohibited in stale and legislature to provide for prevention and pun- 
 ishment, (S.C. VIII 12.) 
 
 PROBATE COURTS, See Courts. 
 
 PROCESS, See Courts. 
 
 PROHIBITION, Sec? Liquors — Prohibition". 
 
 PROPERTY 
 
 Of aliens, See Aliens. 
 
 Of decedents' estates, See Decedents' Estates. 
 Of married women, See Women. 
 Of minors, See Minors. 
 
 Of persons under legal disability, See Persons Under Legal Disability. 
 Of public, See Public Property. 
 Of United States, See United States — Property. 
 For provisions relating to escheats, See Escheats. 
 
 For pronsions relating to exem/ptwns, including homesteads, See Exemp- 
 tions from Forced Sale. 
 For provisions relating to all instruments and so to instruments affecting 
 
 property, See Instruments. 
 For provisions relating to Urns, See Liens. 
 For provisions relating to taxation, See Taxation. 
 
 Disposition 
 
 Illegal disposition not to be given effect by local or special law. (La. 
 
 48.) 
 Entail, See below, this title, Primogeniture and Entail. 
 Injury to, Redress of 
 See also Injuries. 
 
 See also Administration of Justice. 
 See also Life, Liberty and Property. 
 
 Injury to personal property, See below, this title, Pkrsonal Property. 
 Injury to real property, See bcloir, this title. Real Property. 
 Legislature not to limit amount to be recovered for injuries to 
 
 property. (Ark. V 32; Ky. 54; Pa. Ill 21.) 
 Injury to property to be redressed speedily. (Colo. II 0; Ida. I 18; 
 
 Mont. Ill (J: Okla. II 6.) 
 Injury to property to have certain remedy. (Ark. II KU. Minn. I 8; 
 
 Mo. II 10; X.H. I 14: Okla. II 6; Wis. I !>.i 
 Every person ought to find remedj in laws for injuries he may receive 
 to' property. (HI. U 19; Mass. l't. 1 11; ELI, 1 5; \ t. I I.)
 
 HUM State Constitutions 
 
 PROPERTY (Cont'd) 
 
 I vu i;i ro, Redbess op (Cont'd) 
 
 Injury to property to be redressed "without sale, denial or delay". 
 
 (Wyo. I 8.) 
 
 Injury to property to l>e redressed by due course of law. (Conn. I 12; 
 
 Ind. I 12; Kan. B.R. 18; Me. I 19; Ore. I 10; S.D. VI 20; W.Va. 
 
 Ill 17.) 
 injury to property ought to be redressed by the course of the law of 
 
 the land. (Md. D.R. 19.) 
 Injury to property to be redressed by due process of law administered 
 
 without denial or unnecessary delay. (Utah 111.) 
 No act to prescribe limitation of time within which suits may be 
 brought against corporations for injuries to property, different 
 from those fixed by general laws regulating actions against natural 
 persons; such acts now existing avoided. (Pa. Ill 21.) 
 Pebpetuities 
 
 Perpetuities contrary to genius of free state and not to be allowed, 
 i Ark. II 19; N.C. I 31; Okla. II 32; Tenn. I 22; Tex. I 26; Wyo. 
 
 I 30.) 
 No law to be enacted permitting. (Ariz. II 29.) 
 Not to be allowed, except for eleemosynary purposes. (Cal. XX 9; 
 
 Nev. XV 4.) 
 Not to he allowed except for charitable purposes. (Mont. XIX 5.) 
 Legislature to so regulate entails as to prevent perpetuities. (N.C. 
 
 II 15; Vt. II 59.) 
 Personal Property 
 
 Injury to movable possessions to be redressed by due course of law. 
 
 (Del. I 9.) 
 
 Injury to u r oods to bo redressed by due course of law. (Fla.'D.R. 4; 
 
 Ky. 14; Miss. Ill 24; Nebr. I 13; N.C. I 35; Ohio I 16; Pa. I 11; 
 
 Tenn. I 17; Tex. I 13.) 
 Injury to goods to be redressed by due process of law. (Ala. I 13; 
 
 N.D. I 22.) 
 a jury to goods to be adequately redressed by due process of law. 
 
 (La. 6.) 
 Privileges on movable property to exist without registration except 
 as prescribed by law. (La. 187.) 
 PRIMOGENITURE AND ENTAIL 
 
 Primogeniture or entailment prohibited. (Okla. II 32; Tex. I 26.) 
 laws not to be enacted permitting entailment. (Ariz. II 29.) 
 
 islafcure to so regulate entails as to prevent perpetuities. (N.C. 
 
 II 15; Vt. II 59.) 
 FTCATION FOE VOTING, See ELECTIONS — QUALIFICATIONS AND DIS- 
 QUALIFICATIONS of Electors. 
 
 Real Propebq v 
 
 Of corporations, See Corporations. 
 
 '"" relating to eminent domain, See Eminent Domain. 
 
 For provisions relating l<> forests. See Forests. 
 For provisions relating to puUic lands, See Public Lands.
 
 I \dex Digest L09i 
 
 PROPERTY [Cont'd) 
 
 Real Property (Cont'd) 
 Boundaries 
 
 Boundaries not to be affected or regulated by local, private or 
 
 special law. I Va. [V 03.) 
 Deeds 
 
 Recording of, See below, this title, Records, 
 Invalid deeds nut to be given effect by local, private or special 
 law. (Ala. IV 104; Cal. IV 25; Ida. IK 19; Ky. 59; Nev. 
 
 IV 20; Wash. II 28.) 
 
 Informal or invalid deed-, not to be given effect by local, private 
 
 or special law. (Ariz. IV 111; Colo. V 25; l-'la. Ill 20; La. 18; 
 
 Md.-III 3.-3: Minn. IV 33; Mo. IV 53; Mont. V 26; N.M. 
 
 TV 24: X.D. II tii); Okla, V 46; Tex. Ill 56; Wyo. HI 27.) 
 
 Entry by Warrant 
 
 No entry by warrant on land in this state to lie made. (W.Va. 
 
 XIII 2.) 
 Forfeited Lands 
 
 For disposition of. See PUBLIC Lands — Land FORFEITED TO 
 
 State. 
 Title to forfeited lands not to be released by local or special 
 
 law. (W.Va. VI 30.) 
 Detailed provisions for transfer .if land forfeited, escheated or 
 bought by state at tax sale to person in possession who has 
 paid taxes; for sale of unredeemed lands and payment of 
 surplus over taxes, interest and costs. (W.Va. XIII 3.) 
 Heirs to confiscated property may be released from taxe> due 
 thereon at date of its reversion to them. I La. 59.) 
 Injury to, Redress of 
 
 Injury to immovable possessions to be redressed by due course of 
 
 law. (Del. I 0.) 
 
 Tnjury to lands to be redressed by due course of law. ( l'la. 
 
 D.R. 4; Ky. 14; Miss. Ill 24; Xebr. I 13; X.C 1 3."); Ohio 
 
 I 16; Pa. I 11; Tenn. I 17: Tex. I 13.) 
 
 Injury to lands to be redressed by due process of law. (Ala. 
 
 T 13; N.D. I 22.) 
 Injury to lands to be adequately redressed by duo process of 
 
 law. (La. fi.) 
 
 Large Tracts 
 
 Land held in large tracts not to be as>esscd for taxes lower 
 than land of same quality held in small tracts. (N.M. 
 
 VIII 7.) 
 
 Holding of large tracts of land, uncultivated and unimproved 
 
 by individuals or corporations, is against the public interest, 
 
 and should be discouraged by all mean- not inconsistent with 
 
 the rights of private property. (Cal. XVII 2.) 
 
 Law Governing 
 
 All private rights and interests in land in this state derived 
 from and under laws of Virginia or this state prior to time
 
 1096 State Constitutions 
 
 PROPERTY (Cont'd) 
 
 111 \i. I .' (Cont'd) 
 
 Law Governing (Cont'd) 
 
 of going into operation of this constitution to remain valid 
 and to be determined by laws in force in Virginia prior to 
 formation of this state, and by constitution and laws of this 
 state prior to time this constitution goes into effect. (W.Va. 
 
 XIII 1.) 
 
 Leases 
 
 Lease or grant of land for agricultural purposes over 21 years 
 reserving any rent or service of any kind invalid. (Minn. I 15.) 
 Same; 20 years. (Iowa I 24.) 
 
 me; 15 years. (Wis. I 14.) 
 Same; 12 years. (Mich. XVI 10; N.Y. I 13.) 
 Invalid leases not to be given effect by local or special law. 
 
 (Ida. Ill 19.) 
 Prescription 
 
 See al o Coubts — -Limitation of Actions. 
 
 \n action to be maintained for possession of lands within state, 
 nlying on grant or patent of Virginia or of Kentucky prior to 
 I ^20, against person in possession to well defined boundary 
 under a title of record, unless action instituted "within five 
 year's after occupant may take possession" or constitution in 
 effect. This not to affect any right, title or interest in lands 
 acquired by adverse possession under laws of this common- 
 wealth. (Ky. 251.) 
 Real Estate Corporation 
 
 No corporation to lie chartered or licensed solely to deal in real 
 tate except real estate in incorporated cities or towns, nor 
 to act as agent to buy or sell same. (Okla. XXII 2.) 
 Records 
 
 Law not to be passed not applicable to all counties, increasing 
 
 uniform charge for registration of deeds. (Miss. IV 91.) 
 ( ounty conrt-. through their clerks to have custody of deeds 
 nd other pa'pers presented for record in county, to be preserved 
 therein or otherwise disposed of as prescribed by law. (W.Va. 
 
 VIII 24.) 
 
 All deeds and conveyances of land to be recorded in town clerk's 
 
 pective towns, and for want thereof, in county 
 
 clerk's office in same county. (Vt. II 58.) 
 
 d"s and mortgages proved for record and recorded according 
 
 prima feme evidence in courts without proof of 
 
 Certified copy of record of deed or mortgage 
 
 tted as prima facie evidence of record and of its due 
 
 ecution with like effect as original, if original is not within 
 
 custody or control of party offering copy. (Fla. XVI 21.) 
 
 \"o mortgage or privilege on immovable property to affect third 
 
 recorded or registered in parish where property 
 
 situated in manner and within time prescribed by law, except
 
 Index Digest L097 
 
 PROPERTY (Cont'd) 
 
 Real Property (Cont'd) 
 Records (Cont'd) 
 
 privileges for expenses of last illness and for taxes; provided 
 
 such taxes, liens, mortgages and privileges shall lapse in three 
 years from last day of year in which taxes are levied, and 
 whether now or hereafter recorded. (La. 1st;.) 
 Sale 
 
 Sale or conveyance not to be authorized by private or special law. 
 
 (Mich. V 31.) 
 Tenure 
 
 Lands in state declared to be allodial; and feudal tenures of every 
 description with all their incidents prohibited. (Ark. 11 28; 
 
 Minn. 1 15.) 
 All lands declared allodial, feudal tenures prohibited; lines and 
 like restraints on alienation reserved in any grant of land 
 hereafter made void. (Wis. I 14.) 
 Feudal tenures, with all incidents, abolished, saving rents and 
 services certain heretofore lawfully created and reserved. All 
 lands within this state are declared to be allodial, so that, 
 subject only to the liability to escheat, the entire and absolute 
 property is vested in the owners, according to the nature of 
 their respective estates. Fines, quarter sale-- and other like 
 restraints and alienations reserved in any grant of land here- 
 after made, void. (N.Y. I 11, 12, 14.) 
 Titles 
 
 Legislature to pass stringent laws for the detection and convic 
 tion of all forgers of land titles and may appropriate money 
 necessary for that purpose. (Tex. XIII (i.) 
 Torrens System 
 
 Legislature to have power to establish such court or courts of 
 land registration as it may deem proper for the administra- 
 tion of any law it may accept for the purpose of the settle 
 ment, registration, transfer or assurance of titles to land in 
 the state or any part thereof. ( Ya. YI 100.) 
 Laws may be passed providing for system of registering, trans- 
 ferring, insuring and guaranteeing land titles by the state or 
 counties, and for settling and determining adverse or other 
 claims to and interests in lauds under system and for creation 
 and collection of guaranty funds by fees against registered 
 lands; and judicial powers may by law be conferred on county 
 recorders or other Officers in matters arising under the system. 
 
 (Ohio 11 40.) 
 Rights to 
 
 See also Ltfe, Liberty and Property. 
 
 Right of property before and higher than any constitutional sanction. 
 
 I Ark. II 22.) 
 "Nothing contained in this constitution shall * affect any 
 
 rights of property." (Tenn. XI 2.)
 
 State Constitutions 
 
 PROPERTY {Confd) 
 Rights ro [Conf< 
 
 Grants of land made by king of Croat Britain after October 14, 1775, 
 null and void: "but nothing contained in this constitution" to 
 affed prior grants by him or subsequent grants by state; "or shall 
 impair" certain debts "or any other rights of property". (N.Y. 
 
 I 17.) 
 Rights oj i sited Si mi.- < iti/.kns 
 
 Distinction not to be made between citizens of state and citizens of 
 other states and territories of United States in reference to pur- 
 chase, enjoyment or descent of property. (Kan. B.R. 17.) 
 
 Sale 
 
 Sale of property of individual not to be provided for by local or 
 
 special law. (Ala. IV 104.) 
 PROSECUTING ATTORNEYS 
 
 / nder tlii* title are digested provisions which specifically refer to these 
 officers; for provisions relating to count y officers and public officers in 
 . Set "Counties" and "Public Officers". 
 In constitutions of Arkansas. Indiana, Michigan, Minnesota, Oregon, 
 Washington, West Virginia, term "prosecuting attorneys" is used. 
 
 titutions of California. Idaho, Louisiana, Massachusetts, Missis- 
 sippi, Nebraska, Nevada, New Mexico, New York, Pennsylvania, Wis- 
 term "district attorneys" is used. 
 In constitutions of Tllinios, Maryland, North Dakota, South Dakota, 
 
 Tennessee, Vermont, term "state's attorneys" is used, 
 lit constitution of Virginia term "commonwealth attorney" is used. 
 In constitutions of llabama, New Hampshire, North Carolina. South 
 
 Carolina, term "solicitor" is used,. 
 In constitution <>i New Jersey, term "prosecutors of pleas" is used. 
 In constitution of Georgia, term "solicitor general" is used. 
 In constitutions of Arizona, loan. Maine. Montana. Oklahoma, Texas, 
 Utah, Wyoming, term "count// attorneys" is used. 
 
 •tit Hon of Florida, terms "prosecuting attorneys" and "state's 
 
 attorneys" arc used, 
 tution of Kentucky, terms "commonwealth's attorneys" and 
 
 " county attorneys " are used. 
 In constitution of Colorado, terms "district attorneys" and "county 
 
 attorneys" are used. 
 Abolishment o] I >i in i. 
 
 islature has power. (Nev. IV 32.) 
 Legislature may abolish office of commonwealth's attorney, in which 
 duties discharged by county attorneys. (Ky. 108.) 
 
 ture to provide for strict accountability for fees collected and 
 for all moneys paid or officially coming into possession. (Wash. 
 
 XI 5.) 
 for monej collected; collections returned and paid over to 
 proper accounting officer. (Md. V 12. J
 
 I.m>k.\ Digest IO'.i'.i 
 
 PROSECUTING ATTORNEYS (Cont'd) 
 Appointment 
 
 By governor with advice and consent of senate. ( N..F. VII Sec. II 4.) 
 By governor with consent of senate, in each judicial circuit. (Fla 
 
 V L5.) 
 By governor and confirmed by senate for each count} criminal court 
 
 of record. (Fla. V 27.) 
 Solicitor elected for each circuit or other territorial subdivision pre- 
 scribed by legislature, but legislature may provide by law for 
 appointment by governor or election by qualified electors of a 
 county, of a solicitor for any county. (Ala. VI ItiT.) 
 "Selected" for each circuil court district in manner prescribed by 
 
 law. (Miss. VI 174.) 
 Legislature to provide for election or appointment in the several 
 
 comities, i ( al. XI 5.) 
 
 Charters framed by counties for own government may provide for 
 
 election or appointment, and if appointment, for manner of 
 
 appointment; (CaL XI 7V&.) 
 County attorneys elected or appointed as provided by law. (Colo. 
 
 XIV 8.) 
 Assistants 
 
 Legislature may create office of assistant district attorney, to be 
 appointed and removed by and to possess qualifications for, and 
 to have powers and duties of, district attorney, except not to 
 receive fees and emoluments of oflice. To have salary of $600 paid 
 by the state and such additional salary as prescribed by law paid 
 pro rata by police jury of parish or parishes of district. (La. 
 
 1-25 (1014).) 
 Legislature may provide for deputies and assistants. (W.Va. 
 
 IX 6.) 
 
 In Baltimore one deputy not to exceed $4,000 and other assistants at 
 
 such salaries not exceeding $2,500 as supreme bench of city may 
 
 authorize, payable out of fees of oflice. (Md. V 9.) 
 
 Governor not to employ additional counsel in any ease unless 
 
 authorized by legislature. (Md. V 3.) 
 Bonds 
 
 Legislature may require, with security. (W.Va. IX 5.) 
 Of $10,000 with sureties approved by judge having criminal juris- 
 diction. (Md. V 12.) 
 Commissions to 
 
 Legislature may provide for. I W.Va. IX 5.) 
 Compensation 
 
 As prescribed by law. (Fla. V IS, 27; III. VI 32; Nev. IV 32: 
 
 N.M. VI 24; S.C. V 29; S.D. V 24; W.Va. IX 6.) 
 To be fixed salary. (Miss. VI 174.) 
 Salary fixed by law, one-half by state and the other half by county 
 
 for which elected. (Mont. VIII 19.) 
 Fees, salaries and emoluments prescribed by legislature. (N.C. 
 
 IV 18.)
 
 UOO Stati Obfcrsa i n tIons 
 
 PROSECUTING ATTORNEYS (Co»*'tf) 
 IMPENSATIOM I Cont'd) 
 To receive no other compensation than salary prescribed by law; not 
 to be ii I or diminished during term for which elected. (Ala. 
 
 VI 167.) 
 
 Salary or compensation either from fees or emoluments or from 
 
 general county fund as provided by law. (Colo. VI 21, XIV 8.) 
 
 To be regulated by law in proportion to duties and for this purpose 
 
 legislature may classify counties by population. (Wash. XI 5.) 
 
 slature to regulate compensation in proportion to duties; and 
 
 maj establish fees to be charged, and for this purpose may classify 
 
 counties; charters framed by counties for own government may 
 
 provide foT compensation or for its fixing by boards of supervisors. 
 
 (Cal. XI 5, 7V 2 .) 
 Salary not to exceed $250 a year, but legislature may change by two- 
 thirds vote of each branch, but change not to affect officer then in 
 commission. (Ga. VI See. XIII 1, 2.) 
 Salarj $400 until otherwise provided by law, but never to exceed 
 thai sum; not to lie increased or diminished during term of office; 
 excepted from provision prohibiting fees and perquisites. (Ark. 
 
 Sehed. 28, XIX 11.) 
 Salary of commonwealth^ attorney from state, same for each officer, 
 not to exceed $500, but any county may pay additional compensa- 
 tion; also such percentage of fines and forfeitures as may be 
 fixed by law, payable only when collected and paid into treasury. 
 Fees of commonwealth's attorney in penal or criminal cases not 
 to be remitted by governor. (Ky. 98, 77.) 
 Not less than $500 nor more than $1,500 to be fixed by board of 
 commissioners of county and paid in quarterly instalments out 
 of county treasury. ( Ida. V 18.) 
 islature to provide for compensation of district attorneys and 
 linty attorneys; but district attorneys to receive salaries' of 
 $500 from state, and fees, commissions and perquisites as provided 
 law; county attorneys to receive as compensation only such 
 * -. commissions and perquisites as prescribed by law. (Tex. 
 
 V 21.) 
 1 and also fees, but no fee in criminal cases except on con- 
 viction and then not to exceed $5 in each case of misdemeanor. 
 
 (La. 125 (1914).) 
 
 i having assessed valuation not over $2,000,000 not more 
 
 $1,200. In counties having assessed valuation of more than 
 
 2,000,000 and less than $5,000,000, not more than $1,500. In 
 
 untie, having assessed valuation of more than $5,000,000, not 
 
 more than $2,500. ( \¥yo. XIV 3.) 
 
 iry of county attorneys in counties of over 20,000 to be $2,000 
 
 md in counties of oyer 30,000, $2,500, and in counties of over 
 
 I'M""'. $3,000. (Okla. Sehed. 18.) 
 
 cqmmjssiQns or salary not exceeding $3,000 as may be 
 ibed by law, payable out of fees of office; in Baltimore city
 
 Index Digest ljni 
 
 PROSECUTING ATTORNEYS (Cont'd) 
 Compensation ( Cont'd ) 
 
 annual salary $5,400. Removal from office for receiving other 
 fee or reward than allowed by law, ''on conviction thereof". (M<1. 
 
 V 9.) 
 Consolidation of Offices 
 
 Legislature has power. ( Nev. IV .'S2. > 
 Deputies, See above, this title, Assistants. 
 Dual Office Holding, See below, this title, Qualifications and Dis- 
 
 <i\- \I II Ii \ TIOXS. 
 
 Election 
 
 Under this subhead arc digested those provisions which sprciju-alig 
 refer to this officer; for provisions relating to elections in general, 
 See the title Elections; for provisions allowing the legislature 
 to establish offices and provide for their election or appointment, 
 See the titles Public Officers and Counties, 
 
 Solicitor for each judicial circuit or other territorial subdivision 
 prescribed by legislature to be elected by qualified electors of 
 counties in such circuit or territorial subdivision in which he 
 prosecutes criminal cases; legislature may provide by law for 
 appointment by governor or election by qualified electors of a 
 county of a solicitor for any county. (Ala. VI 167.) 
 
 By qualified electors of each county, subject to change by law. 
 
 (Ariz. XII 3.) 
 
 By qualified electors of each circuit. (Ark. VII 24.) 
 
 Legislature to provide for election or appointment in the several 
 
 counties. (Cal. XI 5.) 
 
 (barters framed by counties for own government may provide for 
 election or appointment. (Cal. XI 7%.) 
 
 By qualified electors of each judicial district at general election in 
 1904 and every four years thereafter, but legislature may provide 
 that after 1878 election shall be on different date from election 
 for other purposes. (Colo. VI 21, 15.) 
 
 County attorneys elected or appointed as provided by law. (Colo. 
 
 XIV 8.) 
 
 Prosecuting attorneys elected (except in counties having criminal 
 court) by qualified electors of each county at time of electing 
 county judge. (Fla. V IS, 29.) 
 
 Elected for each judicial circuit by electors of whole state qualified 
 to vote for members of legislature, at general election next pre- 
 ceding expiration of term. (Ca. VI Sec. XI 1.) 
 
 By qualified electors for each organized county; legislature may 
 reduce or increase number. (Ida. V 18, 11.) 
 
 At election for members of legislature in 1872 and every four years 
 thereafter; one for each county. (111. VI 22.) 
 
 By voters in each judicial circuit. (Ind. VII 11.) 
 
 By qualified electors of each county at general election in lSSii 
 and biennially thereafter. (Iowa V 13.)
 
 1102 State Constitutions 
 
 PROSECUTING ATTORNEYS (Confd) 
 Election [Confd] 
 
 monwealth's attorney elected in each circuit court district in 
 1897 and everv six years thereafter; but legislature may abolish 
 office, in which case duties discharged by county attorneys. (Ky. 
 
 97, 108.) 
 County attorney elected in each county in 1897 and every four years 
 
 thereafter. (Ky. 99.) 
 By qualified electors in each judicial district at same time as dis- 
 trict judges. (La. 125 (1914).) 
 District attorney or parish of Orleans elected by voters of parish 
 for four year-, salary, fees, qualifications and assistants are pre- 
 scribed in constitution. (La. 14S.) 
 I'.\ the roters of each county and of city of Baltimore on Tuesday 
 after first Monday in November, 1867, and every fourth year 
 thereafter. Returns to judge having criminal jurisdiction who 
 decide-, on elections and in case of tie, designates which person 
 Ml qualify and administers oaths of office. (Md. V 7, 8.) 
 Legislature to provide for by people of several districts. (Mass. 
 
 Amend. 19.) 
 
 Biennially in each organized county. (Mich: VIII 3.) 
 
 Unless legislature otherwise provides, state to be divided into six 
 
 judicial districts, each o' which may. at first election, elect one 
 
 prosecuting attorney. (Minn. Sched. 14, 15.) 
 
 "Selected'" for each circuit court district in manner prescribed by 
 
 law. (Miss. VI 174.) 
 At general election in each county. (Mont. VIII 19.) 
 Legislature to provide for election by people and may increase, 
 
 diminish, consolidate and abolish. ( Xev. IV 32.) 
 Mv inhabitants of several towns in the several counties according 
 to method and laws now in force, but legislature may alter man- 
 ner of certifying votes and mode of election but not to deprive 
 people of right of election. (N.H. II 70.) 
 For each judicial district, and legislature may provide for addi- 
 tional one, in any district and to designate counties for which 
 he shall serve. i X.M. VI 24.) 
 By electors of respective counties every three years and in case of 
 nic\ ; but in counties of New York and Kings and in counties 
 fcerminous with city, every two or four years as legislature shall 
 direct. Time of election to be prescribed by law. (N.Y. X 1, 4.) 
 judicial district by qualified voters "as prescribed for 
 members" of legislature. (N.C. IV 23.) 
 Biennially in each organized county. ( X.D. X 173.) 
 
 cient number elected by districts comprised of one or more 
 
 counties. (Ore. VII 17.) 
 
 r each circuit by qualified electors; if failure to attend and prose- 
 
 cute i '" inl may appoint attorney pro tempore'; but if county 
 
 - established legislature may provide for solicitors for each 
 
 Lint} in place of circuit solicitors. (S.C. V 29.)
 
 Index Digest 1103 
 
 PROSECUTING ATTORNEYS (Cont'd) 
 
 Election {Cont'd) 
 
 Legislature may "provide for state's attorneys" elected biennially 
 
 in each organized county. (S.I). V 24, IX 5.) 
 By qualified voters of circuit Or district for which judge having 
 
 criminal jurisdiction is provided by law. (Tenn. VI 5.) 
 Legislature to provide for, in such district as deemed necessary. 
 
 (Tex. V 21.) 
 County attorneys elected bj qualified voters of each county in which 
 
 no resident criminal districi attorney. (Tex. V 21.) 
 County attorneys elected by qualified voters of each county and leg- 
 islature may provide other attorneys for state. (Utah VIII 10.) 
 State's attorneys elected biennially on first Tuesday after first Mon- 
 day in November, by freemen of respective counties. Returns of 
 election made to member of lower house and canvassed by joint 
 committee of legislature. If tie, legislature to elect from persons 
 
 in tie. (Vt. II 35, 45, 49.) 
 Commonwealth's attorney elected by qualified voters of each county 
 on Tuesday after first Monday of November ; in every city, so long 
 as it has corporation court or separate circuit court, common- 
 wealth's attorney elected by qualified voters of city; to be also 
 commonwealth's attorney for circuit court in cities having separate 
 circuit court. (Va. VII 110. 112, 119.) 
 Legislature to provide by general and uniform laws for election in 
 
 several counties. (Wash. XI 5.) 
 By voters of each county. (W.Va. IX 1.) 
 
 By electors of respective counties every two years. (Wis. VI 4.) 
 Establishment of Offices 
 
 Office of county attorney created for each organized county, subject 
 
 to change by legislature. ( Okla. XVII 2.) 
 To be county officers. (Pa. XIV 1.) 
 Fees 
 
 Receipt of. See ah->rr. this title, Compensation. 
 Accounts of, See alove, this title, Accounts. 
 Fkl:e Passes, etc. 
 
 During term of office not to accept, hold or use free pass nor pur- 
 cha^e. receive or accept transportation over railroad within state 
 for himself or family on terms not open to general public, and 
 on conviction to forfeit office, be guilty of felony, and punished 
 by line of not more than $1,000 or by imprisonment in peniten- 
 tiary not less than one nor more than five years. (N.M. XX 14.) 
 Impeachment 
 
 Soe also Impeachment. 
 
 For high crimes and misdemeanors and gross misconduct in office. 
 
 (Ark. XV 1.) 
 of state attorneys for crime in official capacity which may require 
 
 disqualification. (Tenn. V 4. i 
 Oath of Office 
 
 Filed with secretary of >tate. (Colo. XII 9.) 
 
 Administered by judge having criminal jurisdiction in county or 
 
 city. (Md. V 8.)
 
 STA3 I. ( UAST1TUTI0NS 
 
 PROSECUTING ATTORNEYS [Cont'd) 
 Powers a.nd 1 M i tES 
 
 Prescribed by l;nv. i Ariz. XII 4; Gal. XI 5; Colo. VI 21; Fla. V 
 15, 18; Ga'. VI Sec. XI 1; Ida. V 18; 111. VI 32; Md. V 9; 
 Mich. VIII 3; Miss. VI 174: Mont. VIII 19; Nev. IV 32; N.M. 
 VI 24; S.D. V 24; Utah VIII 10; Wash. XI 5; W.Va. IX 6.) 
 Represenl state in all cases in superior courts of circuit and in all 
 cases taken up from circuit to highest court. (Ga. VI Sec. XI 2.) 
 Prosecute on behalf of state in criminal actions in superior courts, 
 
 and advise officers of justice in district. (N.C. IV 23.) 
 haw officers of state and of counties within district; perform duties 
 pertaining to administration of law and general police, as legis- 
 lature may direct. (Ore. VII 17.) 
 County attorneys to represent state in cases in district and inferior 
 courts; if there is district attorney, respective duties regulated 
 
 by legislature. (Tex. V 21.) 
 Qualifications and Disqualifications 
 Admission to Bar 
 
 Practicing attorney. (Ida. V 18.) 
 
 Admitted to practice in state. (La. 125 (1914); Md. V 10.) 
 Admitted to practice in highest court. (Mont. VIII 19, 16.) 
 Practiced law for three years next preceding election. (Ga. VI 
 
 Sec. XIV 1.) 
 Commonwealth's attorneys to have practiced law four years; 
 county attorneys two years. (Ky. 100.) 
 Age 
 
 Twenty-one years. (Mont. VIII 19, 16.) 
 Twenty-four years at time of election. (Ky. 100.) 
 Twenty-five years. (Colo. VI 21, 16.) 
 
 Twenty-five years at time of election. (Ga. VI Sec. XIV 1; 
 
 Citizenship S.D.V24,25.) 
 
 Citizen of United States. (Ark. VII 24; Colo. VI 21, 16; Mont. 
 
 VIII 19, 16; S.D. V 24, 25.) 
 Citizen of state. (Ky. 100.) 
 
 Citizen of state three .wars. (Ga. VI See. XIV 1.) 
 Dual Office Holding 
 
 Ineligible to legislature. (111. IV 3; Me. IX 2; S.D. Ill 3.) 
 monwealth's attorney ineligible to legislature during con- 
 in office and election to legislature and qualification 
 to vacate his office. (Va. IV 44.) 
 
 to office of justice of highest court or of inferior 
 ts, attorney-general, treasurer, adjutant-general, judge of 
 s, register of probate, register of deeds, sheriff or deputy, 
 clerk of judicial court, (Me. IX 2.) 
 
 'ealth's attorney not to hold. at same time office of 
 
 ity treasurer, sheriff, county clerk, commissioner of rev- 
 
 iperintendent of poor, county surveyor or supervisor. 
 
 (Va. VII 113.) 
 
 uid acceptance Of seat in Congress vacates office. 
 
 ' Me. IX 2; Mass. Amend. VIII.)
 
 I NDBX I >l«.l >i 1 I*'.". 
 
 PROSECUTING ATTORNEYS (Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 Educational 
 
 Learned in law. (.Ala. VI L67; Ark. Vil 24 ; Colo. VI 21, 16; 
 
 X..M. VI 24; S.D. V 24, 25.) 
 Electoral 
 
 Elector of district in which elected. (Colo* VI 21, 16; [da. V 
 
 18; \.D. X 17 
 Prescribed by Law. (Ariz. XII 4.) 
 Re Election 
 
 Ineligible for more than four years in succession. (S.D. IN 5. 
 Residence 
 
 Residence during term, Set below, this title, Residence, 
 Resident of district for which elected. (Ark. VII 24; Ida. V 
 
 18; Iowa V 13.) 
 Actual resident in district. i I. a. 12.") (1914J.) 
 At time of election, resident in county in circuit in which he 
 prosecutes criminal cases, or other territorial subdivision for 
 
 which elected,. i Ala. VI 167.) 
 
 State's attorney residing in county where criminal court held, 
 
 eligible for appointment as county solicitor fOr such county. 
 
 (Fla. V 31.) 
 Residence at least two years in county or city in which elected. 
 
 (Md. V 10.) 
 Resident in state one year preceding election and resident in 
 
 circuit at time of election. I S.I). V 24, 25.) 
 Resident in state one year preceding election; need mot be resi- 
 dent of district for which elected at time of election, i Mont. 
 
 VIII 19, 16.) 
 Resident -in state two years preceding election and at time of 
 
 election. (Colo. VI 21, 16.) 
 Resident in state two years and in county and district one year 
 
 preceding election. (Ky. 100.) 
 Resident of state for three years before election and resident in 
 
 district for which elected. (N.M. VI 24.) 
 Resident of state five years and of circuit or district one year. 
 
 (Tenn. VI 5.) 
 
 Removal 
 
 For acceptance of free passes, etc., See above, this title, FBEE PASSES, 
 
 ETC. 
 f;n pea chin oil. See nhore. tJiis title, ! Mi'EiACIIMENT. 
 By Governor 
 
 Giving copy of charges and hearing. (X.Y. X 1; Wis. VI 4.) 
 For failure to prosecute violations of article XIII of constitu- 
 tion (bribery, free passes, etc.)-, after due notice and hearing. 
 
 (X.Y. XIII 6.) 
 By Governor on Address of Legislature 
 
 By governor on joint address of two-thirds of members elected 
 to each house of legislature, for good "ause. (Ark. XV 3.)
 
 liu.; S ate Constitutions 
 
 PROSECUTING ATTORNEYS {Cont'd) 
 :.»\ \i. (Cont'd) 
 By Governor on Address of Legislature (Cont'd) 
 
 nidi (in joint resolution of legislature in which two- 
 thirds members elected to each house concur, for "incompe- 
 tency, corruption, malfeasance, or delinquency in office, or 
 other sufficient cause" stated in resolution. (Ore. VII 20.) 
 
 By Legislature 
 
 By joint resolution of legislature, in which three-fourths of 
 members elected to each house concur, for incompetency, cor- 
 ruption, malfeasance, or delinquency in office or other sufficient 
 cause stated in resolution; served with copy of charges, and 
 
 hearing. (Wash. IV 9.) 
 
 By concurrent vote of both houses of legislature, each house 
 voting separately, by two-thirds of members to which each 
 house is entitled must concur. Vote by yeas and nays and 
 names of members voting for or against, together with causes 
 of removal to be entered on journal of house. Notice, with 
 copy of causes, at least 10 days before action by either house. 
 
 (Tenn. VI 6.) 
 
 For incompetency, wilful neglect of duty or misdemeanor in office 
 on conviction in court or by vote of two-thirds of senate on 
 recommendation of attorney-general. (Md. V 7.) 
 
 By Court 
 
 By highesi court under regulations prescribed by law, for wilful 
 neglect of duty, corruption in office, incompetency, intemper- 
 ance in use of liquors or narcotics, or offence involving moral 
 turpitude in office, or for any cause specified in constitution. 
 
 (Ala. VII 174.) 
 On information in name of state by highest court or as pre- 
 scribed by law. if convicted of corruption or other high crime. 
 
 (Ind. VII 12.) 
 " high crimes and misdemeanors, for nonfeasance or mal- 
 feasance in office, for incompetency, for corruption, favoritism, 
 tortion or oppression in office, or for gross 'misconduct, or 
 habitual drunkenness ", 1>\ district court of domicile; detailed 
 provisions for bringing suit, costs, appeals, etc. (La. 222.) 
 Of county attorneys by judges of district courts for incom- 
 petency, official misconduct, habitual drunkenness or other 
 causes defined by law, on written charges and jury trial. 
 
 (Tex. V 24.) 
 On Conviction 
 
 removed on prosecution and final conviction for misde- 
 meanor in office. ( 111. VI 22, 30.) 
 
 1" indictment or prosecution for misfeasance in office 
 
 wilful neglect of duties in manner prescribed by law; 
 
 eviction lo vacate office; but officer to have right to appeal 
 
 to highest court. (Ky. 227.)
 
 [ndex Digest 1107 
 
 PROSECUTING ATTORNEYS {Cont'd) 
 Removal (Cont'd) 
 
 On Conviction (Con I'd) 
 
 For incompetency, wilful neglect of duty or misdemeanor in office 
 on conviction in court or by vote of two-thirds of senate on 
 recommendation of attorney-general. (Md. V 7.) 
 For receiving fee or reward other than allowed by law "on 
 
 conviction thereof". (Md. V 9.) 
 As Prescribed by Law 
 
 On information in name of state by highest court or as pre 
 scribed by law, if convicted of corruption or other liit^li crime. 
 
 (Ind. VII 12.) 
 
 RESIDENCE 
 
 As qualification for office, See above, this title, Qualifications and 
 
 DlSQU 1XIFICA1 IOTSB. 
 
 In circuit. (S.C. V 2!).) 
 
 In county for which elected, (ill. \ I 32; S.D. V 37.) 
 In district for which elected or appointed. (Colo. VI 29.) 
 In district for which elected, during term of office. (Mont. VIII 
 
 33, 10. 10.) 
 
 During term of office, in a county in circuit in which he prosecutes 
 
 criminal cases, or other territorial subdivision for which elected. 
 
 (Ala. VI 167.) 
 Term of Office 
 
 As may be prescribed by law. (Mass. Amend. 19; Wash. XI 5.) 
 Same; charters framed by counties for own government may pro- 
 vide. (Cal. XI 5, 7V 2 .) 
 Two years. (Ariz. XII 3; Ark. VII 24; Ida. V IS; Ind. VII 11; 
 
 Mont. VIII 10; S.D. IX 5; Tex. V 21; Utah VIII 10.) 
 
 Two years and until successor qualified. (Iowa V 13; \".I>. X 173. i 
 
 Two years from first day of February after election. (Vt. II 48.) 
 
 Four years. (Ala. V! 167; Fla. V 15, IS. 27; Ga. VI Sec. XI 1; 
 
 La.*125 (19141; Miss. VI 174; N.M. VI 24; S.C. V 29; W.Va. 
 
 IX 1.) 
 Four years and until successor qualified. (111. VI 22, 32; X.C. IV 
 
 23, 25.) 
 Four years from first Monday in January after election and until 
 
 successor qualifies. (Md. V 7.) 
 Four years, and terms in several districts to expire on same day. 
 
 (Colo. VI 21, 15.1 
 Four years from first Monday in January after election, and until 
 
 successor qualified, in case of county attorneys. ( Ky. 00.) 
 Of commonwealth's attorney four years from January first a iter 
 
 election. (Va. VII 112, 119.) 
 Five years for prosecutors of the pleas. (N.J. XII See. II 4.) 
 Six years from first Monday in January after election and until 
 successor qualified, in case of commonwealth's attorneys, unless 
 
 office abolished. ( Ky. 97.) 
 Eight years. (Tenn. VI 5.)
 
 1108 State Constitutions 
 
 PROSECUTING ATTORNEYS (Cont'd) 
 \'.\> i\ ( Mi hi: 
 
 ire to attend and prosecute, court may appoint attorney pro 
 : eon. VI 5 ; Utah VIII 10.) 
 Filled by special election, unless vacancy occurs nine months before 
 general election, in which case vacancy tilled by appointment by 
 
 governor. (Ark. VII 50.) 
 
 Filled by election 1 . If unexpired term does not exceed one year, 
 
 filled by appointment by judge of court in district. (€olo. VI 29.) 
 
 Killed by governor until January first after general election next 
 
 after expiration of 30 days from time vacancy occurs, at which 
 
 tion successor elected for unexpired term. (Ga. VI Sec. XI 1.) 
 
 Fill ! as provided by law. (Ida. V 19.) 
 
 Filled by election; if unexpired term less than year, by appointment 
 by board of supervisors or board of county commissioners. (111. 
 
 VI 32.) 
 Elections to till to be for unexpired term and governor to fill until 
 election which shall be held within 60 days from date of va- 
 cancy, but if unexpired term for shorter period than one year, 
 governor's appointee to hold for unexpired term. (La. 125 
 
 (1914).) 
 Killed for remainder of term by judge having criminal jurisdiction 
 
 in county or city. (Md. V 11.) 
 Filled by board of county commissioners of county until successor 
 elected and qualiii : . Person elected to fill vacancy to hold for 
 remainder of unexpired term. (Mont. VIII 34.) 
 Killed by governor until next general election, when successor elected 
 
 to hold for unexpired term. (X.M. XX 4.) 
 Filled by governor unless otherwise provided for until next regular 
 election for legislature when elections to be held to fill. If per- 
 son elected fails to qualify, office to be filled as in case of vacancy. 
 
 (N.C. IV 250 
 Killed at biennial election of civil officers occurring more than 30 
 
 days after vacancy occurs. (Tenn. VII 5.) 
 ( ounty attorneys appointed by commissioners' court of county, until 
 
 general election. (Tex. V 21.) 
 Filled by appointnieni only for unexpired portion of term and until 
 successor elected and qualified. (Wis. VI 4.) 
 
 PROSECUTORS OF PLEAS, See Prosecuting Attorneys. 
 PUBLIC CONTRACTS 
 
 In this title ar< visions relating to con-tracts of tlie state; 
 
 for ts by local authorities, see appropriate titles: for special 
 
 te contracts, See beloiv, this title, Special Contracts. 
 xatioh A i by, See Tax \;i<>\ -- Power to Tax. 
 
 . io\ 
 t u ii- Bhall provide for compensation by law. (Tex. Ill 44.) 
 
 'ompensation not to be increased bj genera] assembly above the 
 nount specified in the contract. (Conn. Amend. XXIV. i
 
 I \i)i:\ I >IGEST I 109 
 
 PUBLIC CONTRACTS (Cont'd) 
 Extra Compensation (Cont'd) 
 
 Legislature not to grant to any public contractor. (N.Y. Ill 28.) 
 
 Not to be made to any public contractor after contract entered into. 
 
 i low;, IN 31; Ohio [I 29.) 
 
 Legislature never to grant to any public contractor after contract 
 entered into. (Ariz. IV 2, 17; Colo. V 28; Mont. V 29; Nebr. 
 Ill 16; Pa. Ill 11-. s.D. XII 3; Tex. Ill 14; WaBh. II 25; Wis. 
 
 IV 26; W'vo. in 30.) 
 
 Legislature not to grant or authorize to public contractor after con- 
 tract entered into. (Ga. VII Sec. XV] 2; Mich. .X \ I 
 
 Not to be granted or allowed to any public contractor after 1 
 
 tract entered into. (Aid. Ill 35; W'.Ya. VI 38 I 
 
 Not to he made to contractor alter the contra*! made, unless all 
 by bill passed by two-thirds of the members elected to each branch 
 of the legislature. 1 Ark. V -11: Fla. XVI 11.) 
 
 Legislature not to grant any extra compensation, fee or allowance 
 to any public contractor. ( I. a. 47.) 
 
 Legislature not to grant extra compensation, fee or allowance :] fcer 
 contract made. (Ala. IV 68; 111. IV 19; Miss. [V 96; S.€. Ill 30.) 
 
 Legislature not to grant any extra compensation or allowance to a 
 public contractor after contract has been entered into and per- 
 formed in whole or in part. (Cal. I V 32.) 
 
 Legislature not to grant extra compensation, fee or allowance to 
 any public contractor after contract entered into and performed in 
 whole or in part. (Mo. IV 48; Utah VI 30.) 
 
 Legislature not to pass local, private or special law granting extra 
 compensation to any public contractor. (Va. IV 63.) 
 
 Interest of Public Officers 
 
 In school supplies, See Kin catihx — School Ti xt Hooks and Sup- 
 plies. 
 Member of legislature not to be interested directly or indirectly in 
 any contract with the state authorized by any law passed during 
 the term for which he shall have been elected. (N.M. IV 28; 
 
 Tex. Ill 18: W.Va. VI 15.) 
 
 No member of the legislature to be interested directly or indirectly 
 
 in any contract with the state authorized during the term for 
 
 which he shall have been elected or one year thereafter. (111. 1 V 
 
 15; Mich: V 7: S.D. Ill 12.) 
 Same; two years thereafter. (Okla. V 23.) 
 
 No member of the legislature Or any staie office* to be interested 
 directly or indirectly in any contract with the state authorized 
 by any law passed during the term for which elected or one year 
 
 thereafter. I Mebr. Ill 13.) 
 No' public officer or member of legislature to be interested directly 
 or indirectly in any contract with the state, authorized by anj 
 law passed or order made by any board of which he may be or 
 may have been a member during the term for which he was chosen 
 or within one year thereafter. (Miss. IV 109.)
 
 1 1 10 State Constitutions 
 
 PUBLIC CONTRACTS (Cont'd) 
 
 Interest oi Public Officers {Cont'd) 
 
 No person while concerned in any army or navy contract, to be a 
 
 senator or representative. I Del. If 14. i 
 So person interested in eon trad with or unadjusted claim against 
 ,.,.. to be eligible to legislature. (Nebr. Ill 6.) 
 Unauthorized b\ Lam 
 
 For payment of claims in general, and so of claims under contracts, 
 
 S et State Finances — Claims Against State. 
 \„ ,, nicer to bind state to payment of money "but l>y authority of 
 
 law". (Ala. TV 68.) 
 Payment of claims under not to be authorized. (111. IV 19; Miss. 
 
 IV 90; S.D. XII 3.) 
 Legislature not to pay or authorize payment of claims under. (Cal. 
 
 IV 32; La. 47; Mo. IV 48; Utah VI 30; W.Va. VI 38.) 
 Legislature not to authorize payment or part payment of claims 
 
 under. <S.C. 111 30.) 
 To be null and void. (Cal. IV 32; 111. IV 19; La. 47; Mo. IV 48; 
 S.D. XII 3; W.Va. VI 38.) 
 Si'l'.c iai. ( ONTBACTS 
 
 Subject of 
 
 All stationery required for use of state. (Ore. IX 8.) 
 All public printing. (Ga. VII Sec. XVII 1; S.'G. XVII 5.) 
 All public printing and binding. (Ky. 247.) 
 All stationery required for use of state, all printing authorized 
 or required by legislature and for the state. (Wis. IV 25.) 
 Fuel, stationery, blanks, printing and binding for use of the 
 
 state. | Mich. V 25.) 
 
 Fuel, stationery and printing paper furnished for use of the 
 
 state, copying, printing, binding and distributing and all other 
 
 printing ordered by the legislature. (111. IV 25; W.Va. 
 
 VI 34.) 
 All stationery and printing, except proclamations and such print- 
 ing as may be done at the deaf-and-dumb asylum, paper and 
 fuel used in legislative and other departments of the govern- 
 ment, except the judicial department; the printing and binding 
 of laws, journals and department reports, and all other print- 
 ing and binding, furnishing and repairing rooms and halls 
 used tor meetings of the legislature and its committees. (Tex. 
 
 XVI 21.) 
 Stationery, printing, paper, fuel for use of legislative and other 
 departments of government, printing, binding and distributing 
 of laws, journals, department reports, and all other printing 
 and binding, furnishing and repairing rooms and halls used 
 for meetings of the legislature and its committees. (Ala. 
 IV ti!i : . Ark. MX 15; Cob,. V 29; Del. XV S; La. 44; Miss. 
 
 IV 107; Pa. Ill 12.) 
 " after ■' fuel ". (Mont. V 30; Wyo. TJI 31.) 
 Work ami materials on canals. (N.Y. VII 9.)
 
 I M»i:\ 1 >n.i -.m 11 1 1 
 
 PUBLIC CONTRACTS (Confd) 
 Special Contracts (Cont'd) 
 Approval 
 
 By g<ys ernor. ( Ky. 247.) 
 
 By governor subject to be relet, in case of disapproval) as may 
 
 be prescribed by law. (111. IV 25; VV.Va. VI 34.) 
 By governor and state treasurer. (Colo. V 29; MNs. IV ]<i7; 
 
 .Mont. \ 30; W\n. Ill 81.) 
 By governor, auditor and treasurer. (Ala. IV 69; Ark. XIX 15; 
 
 Pa. Ill 12.) 
 By governor, secretary of state and comptroller. (Tex. XVI 21.) 
 By governor, president of the senate, speaker of the house, or 
 
 anj two of them. ( La. 44.) 
 Award of 
 
 In such manner as may be prescribed by law. (S.C XV11 5.) 
 To lowest bidder giving adequate security. (lia. VII See. 
 
 XVII 1; Mich. V 25; X.V. VII 9.) 
 To lowest responsible bidder under regulations prescribed by 
 
 law. (Ore. IX 8.) 
 To lowest bidder bixt legislature may establish a maximum price. 
 
 (Wis. Ill 25.) 
 To lowest responsible bidder under maximum price fixed by 
 
 legislature. (III. IV 25; W,Va. VI 34.) 
 To lowest responsible bidder below maximum price and under 
 regulations prescribed by law. (Ala. IV ti!) ; Ark. XIX 15; 
 Colo. V 29: Del. XV 8; Ky. 247: La. 44; Miss. IV 107; Pa. 
 
 Ill 12: Tex. XVI 21.) 
 Bids shall be opened in the presence of persons making bids or 
 their representatives. (Del. XV 8.) 
 Interest of Public Officers 
 
 No member of legislature or other public officer to be interested 
 
 directly or indirectly in. (Ga. XII Sec. XVII 1.) 
 No member or officer of any department of government to be 
 in any way interested in. (Ala. I V 69; Ark. MX L5; Colo. 
 V 29; La. 44: .Miss. IV 107: Mont, V 30; Pa. HI 12; Tex. 
 
 XVI 21; Wyo. Ill 31.) 
 
 No member of legislature or officer of state to be inter. steel in 
 
 any way in. (111. IV 25; Ky. 247: Ore. 1X8; W.Va. VI 34; 
 
 Wis. Ill 25.) 
 
 No member of legislature or officer of state to be in any way 
 
 interested in when awarded to or by any such member, officer 
 
 or department, i Del. XV 8.) 
 Examination of 
 
 Legislature shall create a joint standing committee to examine 
 and report on all contracts made for printing, stationery and 
 purchase for the public offices and library. (M.l. Ill 24.) 
 
 Extra Compensation 
 
 Not to be made, but if, from unforeseen cause, contract unjust 
 and oppressive, canal board may came! it. on application of 
 
 contractor. I N.V. V 1 1 9.)
 
 U22 St \ te Constitutions 
 
 PUBLIC CORPORATIONS, See Municipalities. 
 
 PUBLIC DEBT 
 
 Debt. 
 
 ■' Boboxjghs ", "Cities", "Counties'*, '-Districts", " Municipali- 
 
 " Towns", "Townships", "Villages", and "Education — 
 
 School Districts ". 
 PUBLIC FINANCES 
 
 - mi: FlNAN( 
 
 Boboughs", "Cities", "Counties", "Districts", " Municipali- 
 
 ' Towns", "Townships", "Villages", and "Education". 
 
 PUBLIC GROUNDS 
 
 Not of state, local or special law prohibited. (Cal. IV 25; Ida. Ill 19; 
 Ky. 59; Mo. JV 53; Qkla. V 46; Pa. Ill 7; Tex. Ill 56.) 
 
 PUBLIC HEALTH 
 
 ilation of physicians, Nee Physicians. 
 State Board of Health, legislature to provide by law for maintenance and 
 
 efficiency of. (Cal. XX 14.) 
 State Board of Health and Bureau of Vital Statistics in connection there- 
 with to be established by law with powers prescribed by law. (Wash. 
 
 XX 1.) 
 Legislature may provide for establishment of board of health and vital 
 
 statistics. (Tex. XVI 32.) 
 
 State board to be provided by legislature and also local boards to be under 
 
 supervision of state hoard; powers and duties to be prescribed by law. 
 
 (Del. XII.) 
 
 -lature shall create hoard of health, board of dentistry, board of 
 
 pharmacy and pure food commission, and prescribe duties of each. 
 
 (Okla. V 39.) 
 
 slature to create for state and for each parish and municipality, 
 
 hoard- of health and prescribe powers and duties. State board to be 
 
 composed of representative physicians from various sections of state. 
 
 (La. 296.) 
 re to establish state hoard of health and also county boards of 
 th in counties where necessary; The state board to have super- 
 on of matters relating to public health with powers and duties pre- 
 scribed by law. County hoards to have such powers , and be under 
 ipervision of state hoard to such extent as legislature may prescribe. 
 
 (Fla XV.) 
 Lslature to create hoards of health wherever necessary giving them 
 ad authority to make such regulations as shall protect health 
 of community and abate nuisances. (S.C. VIII 10.) 
 
 aacl laws to regulate practice of medicine and surgery 
 and sale of drugs and medicines. (Wash. XX 2.) 
 
 urc to provide for interest of slate medicine; for protecting peo- 
 of injurious or adulterated drugs, foods and drinks, 
 adulterations of general necessaries of life. (La. 297.) 
 
 ' and promote health and morality of people by such 
 for encouragement of temperance and virtue, and such re- 
 upon doe and immorality as deemed necessary to public wel- 
 fare. (Wyo. VII 20.)
 
 Index J)i<;i:st 1113 
 
 PUBLIC LANDS 
 
 Under this title are digested provisions relating especially to public lands; 
 
 for provisions relating t<> public property generally arid so to public 
 
 lands, See Public Pbopebty; for provisions relating to lands owned by 
 
 or subject to disposal of the United States, See UNITED States — 
 
 Property. 
 
 Hoard of Commissioners 
 
 Under this heading are digested those j)rovisions which specifically 
 
 refer to these officers. For provisions relating to all officers and 
 
 h ence to them, See title " Public Officers ". 
 
 Bond 
 
 To give such security for faithful performance of duties, as may 
 
 be required by law. (Wis. X 8.) 
 Compensation 
 
 Three thousand dollars a year until otherwise provided by law 
 to be paid out of income of board. (Colo. IX 9.) 
 Jurisdiction 
 
 All public lands. (Colo. IX 9; Ida. IX 7 ; Wyo. XVIII 3.) 
 Limited to lands for educational purposes. (Mont. XI 4; Nebr. 
 VIII 1; X.D. IX 156; Ore. VIII 5; Wis. X 7; Wyo. VII 13.) 
 Members and Qualifications 
 
 Three persons appointed by governor with advice and consent 
 of senate, one to be an engineer of five years' practice. (Colo. 
 
 IX 9.) 
 Governor, superintendent of public instruction, secretary of state. 
 
 (Wyo. Will 3.) 
 Governor, secretary of state, state treasurer, superintendent of 
 
 public instruction. (Wyo. VII 13.) 
 
 Governor, superintendent of public instruction, secretary of state, 
 
 attorney-general, state auditor. (Ida. IX 7; X.D. IX 156.) 
 
 Governor, superintendent of public instruction, secretary of state. 
 
 attorney-general. (Mont. XI 4.) 
 Governor, secretary of state, treasurer, attorney general, super- 
 intendent of public lands and buildings. (Nebr. VIII 1.) 
 Secretary of state, treasurer, attorney-general. (Wis. X 7.) 
 Governor, secretary of state, state treasurer. (Ore. VITI 5.) 
 Powers and Duties 
 
 Prescribed by law. (Ore. VIII 5.) 
 Term of office 
 
 Six years. (Colo. IX 9.) 
 Commissioners of Land Office 
 Jurisdiction 
 
 All public lands. (X.Y. V 5; Okla. VI 32.) 
 Members 
 
 Lieutenant-governor, speaker of assembly, secretary of state, 
 comptroller, treasurer, attoine\ -general, state engineer. (N.Y. 
 
 V 5.) 
 
 Governor, secretary of slate, state auditor, superintendent of 
 
 public instruction, president of board of agriculture. (Okla. 
 
 VI 32.) 
 Powers and Duties 
 
 As prescribed by law. (N.Y. V 6.)
 
 j 1 14 State Constitutions 
 
 PUBLIC LANDS [Cont'd) 
 
 NKR 
 
 Under this heading are digested those provisions which specifically 
 refer to this officer. For provisions relating to all officers and 
 hence to this one, See title "Public Officers". 
 
 Title 
 
 Commissioner of public lands. (Ark. VI 1; N.M. V 1; Wash. 
 
 Ill 1.) 
 Commissioner of land office. (Md. VII 4.) 
 Commissioner of state land oilice. (Mich. VI 1.) 
 Commissioner of general land office. (Tex. IV 1.) 
 Commissioner of school and public lands. (S.D. IV 12.) 
 Register of land office. (Ky. 91.) 
 
 Superintendent of public lands and buildings. (Xebr. V 1.) 
 Abolition of Office 
 
 Legislature may abolish office of register of land office and pro- 
 vide for custody of papers and records. (Ky. 94.) 
 Office may be abolished by legislature. (Mich. VI 1; Wash. 
 
 HI 25.) 
 Oilice of commissioner to be continued, but legislature at next 
 session may abolish or continue same in such manner as pre- 
 scribed by law. (Ark. Sched. 24.) 
 Accounts 
 
 Semi-annual account of fees to be made to comptroller. (Md, 
 
 VII 4.) 
 Compensation 
 
 As provided by law. (Wash. Ill 13.) 
 Paid by salary and not otherwise. (Ky. 90.) 
 Fifteen hundred dollars a year. (Md. VII 4.) 
 Eighteen hundred dollars; increase by legislature prohibited. 
 
 (S.D. XXI 2.) 
 Twenty-five hundred dollars. (Xebr. V 24.) 
 Twenty-five hundred dollars which cannot be increased by legis- 
 lature. (Mich. VI 21.) 
 Twenty- five hundred dollars and no more. (Tex. IV 23.) 
 Three thousand dollars which may be increased or decreased by 
 law after 10 years from date of admission as a state; no 
 other to be allowed. (X.M. V 12.) 
 To be fixed by law. but not over $2,500 and not to be increased 
 or diminished during term of office. (Ark. XIX 11.) 
 Election or Appointment 
 
 l nder this subhead are digested those provisions which specifi- 
 cally refer to this officer; for provisions relating to elections 
 a, general, Bee title "Elections"; for provisions allowing 
 legislature to establish offices and provide for their election 
 or appointmrni. See title " Public Officers". 
 Appoint,, i by governor with consent of senate. (Md. VII 4.) 
 Elected by qualified electors at time and place of choosing mem- 
 bers of legislature. (S.D. IV 12; Tex. IV 2; Wash. Ill 1.) 
 Elected by qualified voters at time of choosing governor. (Ky. 
 
 9E)
 
 I.ndkx Digest 111.1 
 
 PUBLIC LANDS [Cont'd) 
 Commissioner (Cont'd) 
 
 Election or Appointment [Cont'd) 
 
 Elected at cadi general biennial election. (Mich. VI I.) 
 Returns of election same as governor. (Ark. VI 3; Nebr. V 1; 
 N.M. V 2; Tex. IV 3; Wash. Ill 4.) 
 Establishment of Office 
 
 Legislature may provide for by law. (Ark. VI L.) 
 Fees and Perquisites 
 
 Not to be received. (Mich. VI 21; X..M. V 12; S.D. XXI 2.) 
 All collected , paid into treasury. (Ky. 93.) 
 Payable by law, to be paid in advance into treasury. (Ark. 
 
 XIX 11; Nebr. V 24.) 
 Paid when received, into treasury. (Tex. IV 23.) 
 To be charged as fixed by law. and paid semi-annually into 
 
 treasury. ( .Mil. \ I I 4. ) 
 
 Impeachment, See Impeachment. 
 Powers and Duties 
 
 Prescribed by law. (Ky. 01. 03; Md. VII 5; Midi. \ I 20; S.D. 
 IV 13; Tex. IV 23; Wash. TTT 23.) 
 Qualifications 
 
 Thirty years old, citizen of United States, and resident con- 
 tinuously in state for live years preceding election. (N.M. 
 
 V 3.) 
 After serving two consecutive terms, ineligible to bold state 
 
 office for two years thereafter. (X.M. V 1 (1014).) 
 Ineligible to re-election for four years after term for which 
 
 elected. (Ky. 93.) 
 Thirty years at time of election and resident citizen of state at 
 
 least two years before election. (Ky. 01.) 
 Ineligible to other state office during period for which elected. 
 
 (Nebr. V 2.) 
 Residence and Office 
 
 At capital of state. (X.M. V 1: S.D. IV 12: Tex. IV 23; Wash. 
 
 Ill 24.) 
 Succession to Governorship, See Governor. 
 Term of Office 
 
 Two years. (Midi. VI 1; X.M. V 1: S.D. IV 12.) 
 Two years and until successor qualified. (Xebr. V 1; Tex. IV 
 
 23. ) 
 Four years and until successor qualified. I Ky. 01 ; Wash. Ill 1.) 
 Same as that of appointing governor and until successor quali- 
 fies. (Md. VII 4.) 
 Vacancy in Office 
 
 Filled by governor until successor elected and qualified as pro- 
 vided by law. (Xebr. V 11.) 
 Adverse Claimants 
 
 Prohibition of donation of no! to interfere with discretion of legis- 
 lature in confirming title to lands claimed for state but used or 
 possessed by others under adverse claim. (S.V. Ill 31.)
 
 1 1 1 G State Constitutions 
 
 PUBLIC LANDS [Cont'd) 
 
 \rruAis.\i. 
 
 such manner as may be provided by law. (Mont. XVII 1; Wash. 
 
 XVI 1.) 
 By board of commissioners. (Wyo. XVIII 1.) 
 
 Value of lands granted fur education, exclusive of improvements, to 
 o appraised before sale by board of appraisers, to be provided by 
 
 law. (Wash. XVI 2.) 
 Board of appraisal consisting of commissioner of school and public 
 lands, state auditor and "county superintendent of schools, of 
 counties severally", to appraise lands granted for educational and 
 charitable purposes, designated by them for sale, at actual value; 
 to first designate most valuable lands. (S.D. VIII 4.) 
 Of lands held for educational and charitable purposes under control 
 of board of commissioners, by county board of appraisal to con- 
 sist of county superintendent of schools, chairman of county 
 board and county auditor, to appraise lands recommended by them 
 for sale, at actual value, to first designate most valuable lands. 
 
 (X.D. IX 156, 157, 160.) 
 All lands, leaseholds, timber and other products of the soil to be 
 
 appraised at their true value. (Ariz. XI 4.) 
 Lands held for educational or charitable purposes not sold within 
 two years after appraisal, to be reappraised before sale. (X.D. IX 
 
 158, 160; S.D. VIII 5.) 
 School lands subject to revaluation every five years. (Kan. VI 5.) 
 Abid Lands 
 
 Future grant by congress on condition of reclamation and sale to 
 actual settlers, may be accepted by legislature if conditions prac- 
 ticable and reasonable. (Wyo. XVIII 1.) 
 Beds and Shores of Waters, See Waters — Beds and Shores of. 
 
 ' IASSIFICATION OF 
 
 By board of land commissioners into grazing lands, timber lands, 
 
 agricultural lands, lands within limits of a city or town or three 
 
 niles therefrom; reclassification whenever necessary by reason of 
 
 increased facilities for irrigation or otherwise. (Mont. XVII 2.) 
 
 made by commissioner, under provision of act of Congress 
 
 relating thereto and the law. (N.M. XIII 2.) 
 
 appraisal to ascertain lands of special and peculiar value 
 i agricultural, and cause proper subdivision to obtain 
 
 largest price. (S.D. VIII 4.) 
 
 Dl ON 
 
 provisions relating exclusively to sales, See below this title, 
 
 Sales. 
 i relating exclusively to leases, See oelow, this title, 
 
 Leases. 
 to provide for disposition of university land grant. 
 
 (Iowa IX Pt. II 5.) 
 tur e f " provide for sale; disposal or leasing of all lands 
 l "'"' 1 '" statei (Wyo. .Will 4.)
 
 Indkx I >k;i-.m 1 I I 7 
 
 PUBLIC LANDS (Cont'd) 
 Disposition (Cont'd) 
 
 Legislature may provide pj law for sale or disposal of Lands granted 
 
 by United States for other than educational or charitable purp 
 free from limitations on Bale oi educational Lands. (NJD. l.\ 164.) 
 
 Neither lands nor any estate or interest therein to be disposed of 
 except in pursuance of general laws providing therefbr. (.Mont. 
 
 \ \ 1 1 i 
 
 Disposal, sale, rental of school lands to be duty of hoard of com- 
 missioners. (Nebr. VIII 1; X.J). IX 150; Wis. X 7.) 
 
 Sale or other disposition of land granted by Oongrese to be duty of 
 hoard of commissioners, under regulations prescribed h\ Law and 
 sd as to secure maximum possible amount therefor. (Colo. IX 10.) 
 
 Board of land commissioners, under direction of legislature, to Lease 
 and dispose of lands granted for school purposes. i\V\<>. VII 13.) 
 
 Disposal, sale, rental to be duty of hoard of commissioners under 
 rules and regulations prescribed by Legislature, inula. \ I . 
 
 To he duty of hoard of commissioners under regulations prescribed by 
 law. (Colo. IX 9; Ida. IX 7; Wyo. X\ III :;. | 
 
 To be duty of commissioner, under provisions of act of Congress and 
 of regulations provided by law. (X..M. XIII 2.) 
 
 Lands granted by Congress, where manner of disposal and minimum 
 price prescribed, to be only so disposed of, except by consent of 
 United States. (Mont. XVII 1; Wash. XVI 1.) 
 Fishery 
 
 People to have right to fish upon and from public Lands and in 
 waters of the state, except lands set aside for fish hatcheries; no 
 public land to be sold or transferred without reserving right in 
 people to fish thereon; no law to he passed making it a crime to 
 enter public lands to fish in water planted with lish by state. 
 
 (Cal. I 25.) 
 Foreign Territory 
 
 Legislature, with approval of governor, authorized to pay for, if pur- 
 chased by state, by appropriation or by issuing state bonds. (Ala. 
 
 IV 90.) 
 Forests, See Forests. 
 Crant 
 
 For grant of right of wag, See below, this title, Right of Way. 
 
 Xo donation of land to be made by state to or for the use of any 
 society, association or corporation. (X..T. I 20.) 
 
 Lands under control of the state never to be donated to railroad com- 
 panies, private corporations or individuals. (Nebr. Ill 
 
 Land belonging to or under control of state not to be donated to 
 individuals, private corporations or railroad corporations'. (Miss. 
 
 IV 95.) 
 
 Lands belonging to or under control of stati no! to be donated 
 directly or indirectly to private corporations* individuals, associa- 
 tions or railroad companies. (Ala. IV 99; S.C. Ill 3d.) 
 
 Donation of lands owned by or under the control Of -tale to any 
 person or corporation by special, private or local law. prohibited. 
 
 (Ala. IV 104.)
 
 l ls State ( Sonstiti tions 
 
 PUBLIC LANDS [Cont'd) 
 (.i:\ni [Cont'd) 
 
 Land controlled by state not to be granted to persons or corporations 
 
 by Especial, local or private laws. (Miss. IV 90.) 
 Legislature may grant to railroad, but only by general law; grant 
 to be forfeit if not alienated under given conditions; detail con- 
 ditions of grant. (Tex. XIV 3, 5.) 
 islature shall provide for donation of to actual settlers, but not 
 , 160 acres to any one person. (Fla. XVI 5.) 
 Donations to every head of a family without a homestead, of 100 
 acres, to -single men of eighteen and upwards 80 acres, on con- 
 dition that he select and locate it, occupy it three years and pay 
 
 office fees. (Tex. XIV 6.) 
 Lands belonging to state, suitable for cultivation, to be granted only 
 to actual settlers, not exceeding 320 acres to each settler, under 
 conditions prescribed by law. (Cal. XVII 3.) 
 Grants hy Fokmer Sovereign 
 
 If made by king of Great Britain since October 14, 1775, null and 
 
 void, if made previously constitution not to affect. • (N.Y. I 17.) 
 
 Detailed provisions in regard to Spanish and Mexican land grants. 
 
 (Tex. XIII, XIV 2.) 
 Improvement 
 
 Legislature to provide for improvement of university land grants. 
 
 (Iowa IX Pt. II 5.) 
 Irrigation Project 
 
 Land "needed for irrigation works on United States project", to be 
 relinquished to United States and other lands selected. (Ariz. 
 
 X 5.) 
 Land Forfeit to State 
 
 Legislature not to pass any local or special law releasing title to, 
 
 but shall provide by general law therefor. (W.Va. VI 30.) 
 Provision for redemption of land forfeited, escheated or purchased 
 at tax sales and irredeemable by person in actual possession and 
 who has paid state taxes on, for live years. (W.Va. XIII 3.) 
 May be converted by law into forest reserves. (Ohio II 36.) 
 Land Grant Funds 
 
 fifei also below, this title, Trusts in. 
 Funds for solely educational purposes 
 See Education — Funks. 
 
 See K" 1 < mo\ -State University — Funds. 
 imissioners of land office to have sale, disposal, management of 
 funds derived from public lands under rules and regulations pre- 
 bed l>> legislature. (Okla. VI 32.) 
 Funds for each object in enabling act to be kept separate and 
 devoted each to its specific object. Money to be kept invested in 
 He. interest-bearing securities" approved by governor and secre- 
 bj treasurer who shall be under bond. (Ariz. X 7.) 
 ire to provide for suitable keeping, transfer and disburse- 
 t of; and require officers in charge of to give ample bonds for 
 all "moneys and funds". (Wyo. XVIII 4.)
 
 ljSKKX I Mi.l.M 111!) 
 
 PUBLIC LANDS (Cont'd) 
 Land Office 
 
 One general land office at capitol, subordinate offices to be established 
 by Legislature; legislature to make it self-sustaining. All titles 
 from the state to be registered in except those prohibited by the 
 
 constitution. (Tex. \1V 1.) 
 Lease 
 
 For provisions relating to disposition of lands generally and so to 
 leasing, See above, this title, Disposition. 
 
 i:!ee atso below, this title, Price. 
 
 .Beds and shores of waters. See Waters- Beds and Shores. 
 
 Harbor lands, See Waters Beds and Shores, 
 
 Of natural, oyster beds prohibited. (Va. XIII 175.) 
 
 Legislature to enact necessary laws for Leasing all lands granted to 
 
 the state. (Wyo. XVIII 4.) 
 
 Legislature may, by general law. provide for leasing of coal lands of 
 state, including lignite coal lands. (N.D. IX 155.) 
 
 Scbool lands may be leased for not over 25 years at rate fixed bj 
 
 law. (Kan. V I 5 
 
 Legislature to provide by law for lease of lands granted for educa- 
 tional and charitable purposes, for not over five year periods, for 
 meadows or pastures, at public auction after notice; school lands 
 under cultivation may lie Leased for other purposes; rents to he 
 
 paid in advance. (X.I). IX Kill 
 
 Educational and charitable lands t<> lie leased for pasturageTmeadow, 
 farming, growing of grain and general agricultural purposes, after 
 notice as for sale, in tracts of not over one section; rent payable 
 in advance; lease not valid until approved by governor, unless 
 leasing entrusted to county. I S.I). V7LTI 9, 12.) 
 
 Board of commissioners to provide for rental of lands granted by 
 congress, under regulations prescribed by law. and so as to secure 
 maximum possiMe amount therefor. (Ida. IX 8.) 
 
 Certain school lands not to he leased for more than 10 years for 
 gross sum; may he leased for not over 25 years for annual ground 
 rent, uncleared lands for short term in consideration of improve- 
 ment with right to lease or hold on payment of ground rent. 
 
 (Mi-. \ HI 211.) 
 
 To he provided for by legislature, subject to enabling act and consti- 
 tution; not under appraised value, to highest and best bidder at 
 public auction in county seat of county in which land or major 
 part situate, after advertisement (details given), except that lease 
 of less than five years may he made without advertisement: all 
 former lessees ami bona tide residents to he protected in water 
 lights and improvements: to l.e entitled to renewal of leases at 
 reassessed rental and a succeeding lessee to pay them value of 
 improvements and rights: never over Kill acres agricultural. 640 
 acres grazing land to one person; lease of lands granted by 
 enabling act not in substantial conformity with the provisions of 
 the enabling act to he void. I Ariz. X :i. 8, 9', 10.)
 
 112 State Uonstitdtjons 
 
 PUBLIC LANDS (Cont'd) 
 Lease [Cont'd) 
 
 jislature to authorize governor to lease to United States public 
 in ui state for military purposes, subject to approval of legis- 
 lature. (Tex. XVI 34.) 
 
 LCM \ UO.N 
 
 i»i lands granted by Congress; legislature to provide for. (Colo. IX 
 
 10; Ida. IX S; Wyo. XVIII 4.) 
 
 Of lands granted by Congress to be provided for by board of commis- 
 
 sioners under regulation prescribed by law. (Colo. IX 10; Ida. 
 
 IX 7.) 
 Selection and location to be made by commissioner under provision 
 of art of Congress relating thereto and the law. (N.M. XIII 2.) 
 Mortgage of 
 
 Or deed of trust not to be valid. (Ariz. X 3.) 
 Pen i; 
 
 See also above, this title, Lease. 
 
 Never to be disposed of unless full market value of interest disposed 
 of be paid or safely secured to state; grants by Congress at least 
 minimum price fixed by grant. (Mont. XVII 1; Wash. XVI 1.) 
 Of school lands not to be less than minimum fixed by Congress, and 
 
 so as to realize largest possible proceeds. (Wyo. VII 13.) 
 No sale of land granted for educational purposes valid unless bid 
 
 equal appraised value. (Wash. XVI 2.) 
 lands for educational purposes not under $7 an acre, and not less 
 than appraised value. (Xebr. VIII 8.) 
 Xo land for educational or charitable purposes to be sold for less 
 than appraised value, never less than $10 an acre; one-fourth 
 paid in cash, one-fourth in five,, one-fourth in ten, one-fourth in 
 15 years; interest not less than five per cent; subdivided land 
 may be sold for cash; purchaser to have option to pay balance at 
 
 any time. (S.D. VIII 5.) 
 Lands granted for educational or charitable purpose not to be sold 
 I than appraised value; no case less than $10 an acre; 
 ""•fifth to be paid in cash, one-fifth in five., one-fifth in ten, one- 
 fifth in 15. one-fifth in 20 years, interest at not less than six per 
 
 cent. '(N.D. IX 158.) 
 than .slo an acre, or three-fourths appraised value. (Wyo. 
 
 XVII 1.) 
 ioo] or university lands not less than $10 an acre. (Ida. IX S, 10.) 
 
 "'' " f Bcl ' sections •>. 32, 14 and 36 as are not contiguous to 
 
 itate lands are not to be sold for 10 years after admission of 
 
 less than .-slo per acre. (N.M. XIII 1.) 
 leaseholds, limber or other products of the soil at not less 
 appraised value: land in no case to be sold for less than 
 acre or if irrigable under United States or other project, 
 less than $25 an acre. (Ariz. XI 4, 5.) 
 Unda belonging to or under control of state not to be sold to cor- 
 onation at a less price than that for which sub- 
 al« to individuals. (Ala. IV 99; Miss. IV 95; S.C. Ill 
 
 31.)
 
 l.NDKx DiOEsn 112*1 
 
 PUBLIC LANDS (Cont'd) 
 Products 
 
 Timber, See Forests — Timber. 
 
 Natural products to be sold in same manner and plan; as land and 
 not for less than appraised true value; sale void if not in con- 
 formity with provisions of enabling a«-t. (Ariz. X .3, 4, 8.) 
 State may sell stone from, in manner and on terms provided by law. 
 
 (.Wash. XVI 3.) 
 Protection 
 
 To be provided for by board of commissioners. (Colo. IX 10; Ida. 
 
 IX 7.) 
 Legislature to enact suitable laws to prevent destruction by fire 
 from any cause of grasses and forests on lands of the state or of 
 the public- domain, the control of which may be conferred by Con- 
 gress on the state, and to otherwise protect the same. (Mont. 
 
 XIX 3.) 
 
 Legislature to provide by law for protection of school land- from 
 
 trespass or unlawful appropriation, and for defense against efforts 
 
 to divert them from school fund. (S.D. VIII 14.) 
 
 Legislature to provide for protection of university land grant. ( Iowa 
 
 IX Pt. II 5.) 
 Right of Way Over 
 
 Easement of, may be given to railroad, telegraph or telephone com- 
 panies. (Ala. IV 99.) 
 State through legislature to have power to grant to any railroad or 
 
 canal. (La. 5S.) 
 Legislature mav grant easement of, not over 150 feet wide, to rail- 
 roads. (S.r. in 31.) 
 Prohibition of donation of land not to prevent legislature from 
 granting a right of way not over 100 feet wide to railroads across 
 state lands as easement, and legislature never to dispose of land 
 covered by right of way so long as easement exists. (Miss. IV 95.) 
 All persons and corporations to have, for ditches. canals and flumes 
 to convey water for domestic, mining and manufacturing purposes, 
 irrigation or drainage. (Colo. XVI 7.) 
 Sale 
 
 For provisions relating to disposition of lands generally and so to 
 
 sales, See above, this title. Disposition. 
 Approval 
 
 Governor may disapprove anv, unless entrusted to counties. 
 
 (S.D. VIII 12.) 
 
 Confirmation 
 
 Sale heretofore made of school and university lands by county 
 commissioners or university commissioners may be confirmed 
 by legislature when purchase price paid in good faith. (Wash. 
 
 XVI 2.) 
 
 Limit of Parcels 
 
 Lands not specially subdivided to be offered in not over 80- 
 acre tracts, those subdivided in smallest subdivision. (S.D. 
 
 VIII 4.) 
 
 36
 
 [1-22 State Constitutions 
 
 PUBLIC LANDS (Cont'd) 
 Sale [Confd) 
 
 Limit of Parcels (Cont'd) 
 
 Onlv to be sold in lots of not over 160 acres to settlers. (Tex. 
 
 XIV 4.) 
 Never more than 160 acres agricultural land or 640 acres graz- 
 ing land, to one person. (Ariz. X 11.) 
 Lands not specially subdivided to be offered in tracts of one- 
 fourth section, those subdivided in smallest subdivision. (N.D. 
 
 IX 158.) 
 Not over 25 sections of school land sold in one year in sub- 
 division not to exceed 160 acres. (Ida. IX 8.) 
 Nut over 160 acres of granted land in one parcel, lands within 
 limits of incorporated city or two miles from boundary, valued 
 at over $100 an acre, to be platted into not over five-acre 
 blocks, not over one block offered in one parcel. (Wash. 
 
 XVI 4.) 
 
 Lands within limits of town or city or three miles away from, 
 
 to be sold in alternate lots of not over five acres each, not 
 
 over three-fourths of any tract to be sold before 1910. (Mont. 
 
 XVII 2.) 
 
 Method 
 
 Lands granted by Congress, at public auction. (Ida. IX S.) 
 School lands sold at public auction in portions at proper inter- 
 vals of time. (Wyo. VII 13.) 
 To highest bidder at public auction after advertisement. (S.D. 
 
 VIII 5.) 
 
 To be sold to highest bidder at public auction at county seat of 
 
 county in which situate, after advertisement (details given). 
 
 (Ariz. X 3; N.D. IX 158.) 
 At public auction to highest responsible bidder, after appraisal. 
 
 (Wash. XVI 2; Wyo. XVIII 1.) 
 Certain lands sold to highest bidder by proceeding in circuit 
 court of county in which situated. (W.Va. XIII 4.) 
 Prohibition 
 
 Beds and shores of navigable waters, See Waters — Beds and 
 
 Shores. 
 Certain school lands not to be sold but may be leased. (Miss. 
 
 VIII 211.) 
 Certain grounds owned by state in Indianapolis not to be sold 
 
 or leased. (Ind. XV 9.) 
 Coal lands of state, including lignite coal lands, never to be sold 
 
 but may be leased. (N.D. IX 155.) 
 Natural oyster beds, rocks and shoals not to be sold, rented or 
 
 leased. (Va. XIII 175.) 
 'ilt springs belonging to state never to be alienated. (Nebr. 
 
 Provision for m 17 ^ 
 
 School lands not to be sold unless authorized by vote at general 
 
 election. (Kan. VI 5.) 
 No certificate for, to be sold at general land office except to 
 
 actual settlers. (Tex. XIV 4.)
 
 Index Digest L123 
 
 PUBLIC LANDS (Cont'd) 
 Sale {Cont'd) 
 
 Provision for (Cont'd) 
 
 Legislature to authorize governor to sell to United States puhlic 
 domain of state for military purposes, subjed to approval of 
 
 legislature, (Tex. XVI 34.) 
 
 Legislature to provide for, from time to time. (Colo. IX 10; 
 
 [da. IX 8.) 
 
 Legislature to provide for sale of lands granted by Congress to 
 begin one year after assembly of first legislature, no more 
 than one-fourth to be sold within five years, nor more than 
 one-half of balance within 10 years, residue after the 10 
 years; patent not to issue till payment; separate accounts to 
 be kept of lands given for particular purposes. (N.D. IX 158, 
 
 160.) 
 
 May be sold subject to the enabling act and the constitution; 
 legislature to provide therefor by law; all former lessee- and 
 bona fide residents to be protected in water rights and 
 improvements ; sale, conveyance or contract for any lands 
 granted by enabling act not in substantial conformity with 
 the provisions of the enabling act to be void. (Ariz. X S. 9, 
 
 10.) 
 
 Sale of school and university lands to be made by law, after 
 appraisal; commissioners to execute conveyance and take back 
 mortgage for unpaid purchase price and discharge mortgage 
 when paid; may withhold any portion of lands if they deem 
 
 it expedient. (Wis. X 8.) 
 
 To be sold under rules and regulations prescribed by law. town 
 lots, in alternate lots of not over five acres and not over one- 
 half of any such tract before 1910. (Mont. XVII 2.) 
 
 School lands to be sold by board of commissioners. (Ore. 
 
 VIII 5.) 
 
 Sale of lands granted by Congress to be duty of hoard of com- 
 missioners, under regulations prescribed by law and bo as to 
 secure maximum possihle amount therefor. (Ida. IX 8.) 
 
 All sales to be conducted through office of commissioner of 
 school and public lands as prescribed by law, returns of 
 appraisals and sales to be made to same office; conveyance 
 of title not to be effective for 60 days after date of sale 
 and until approved by governor; no grant or pal en t to issue 
 until final payment is made; separate account to he kept of 
 lands given for particular purposes. (S.D. VI 11 (i. S.) 
 
 All public lands set apart to state by Congress for penal, chari- 
 table, educational and public building purposes, and all taken 
 in lieu thereof may be sold by state under rules and regula- 
 tions prescribed by the legislature in conformity with pro- 
 visions of enabling act. (Okla. XI 4.) 
 
 Congressional land grant for internal improvements to be 
 appraised and sold as provided by law for school lands. 
 
 (Minn. IV 32.)
 
 [ State Constitutions 
 
 PUBLIC LANDS [Cont'd) 
 t'd) 
 Provision for (Cont'd) 
 
 Laud Bet apaPt &W universitj fund to be sold under regulations 
 
 pre.-cribed by law, legislature to provide for prompt collection 
 
 .'flits due university account for lands heretofore sold. 
 
 (Tex. VII 12, 15.) 
 
 Lands needed for storage of water for irrigation, drain ditches 
 
 Or irrigation ditches may be purchased like other school 
 
 land-, but patent shall issue when principal and interest due 
 
 are paid., either at time of sale or any time thereafter. (X.D. 
 
 IX 15S.) 
 
 Land-, wastfl and unappropriated, forfeited, escheated, purchased 
 
 and irredeemable, if title in state at time of sale, to be sold; 
 
 former owner to receive excess over taxes and 12 per cent. 
 
 interest and cost of proceedings. (VY.Va. XIII 4, 5.) 
 
 Reservation of Fishing Rights 
 
 Xot to he sold or transferred without reservation to people of 
 absolute tight to fish thereupon. (Cal. I 25.) 
 Taxation After 
 
 To be sulijci ■? to fixation from date of contract of sale, which 
 becomes null and void if taxes unpaid before first Monday in 
 October of yea? utter assessment. (X.D. IX 15S.) 
 Sqi 
 
 Grants from United States to state not to be located on land actually 
 'led without eonseat of the occupant, but no such claim to be 
 allowed for mure than 320 acres. (Iowa XI 7.) 
 Grants to he located on vacant and unappropriated land, not on land 
 '"titled or equitably owned under color of title" from state, evi- 
 denced Ij\ county or general land office records or by actual occu- 
 pation. (Tex. XIV 2.) 
 All former bona fide residents to be protected in water rights and 
 
 improvements, in case of sale or lease of. (Ariz. X 9.) 
 In disposition of public lands granted by Congress to state, prefer- 
 ence to be given to actual settlers; legislature to provide by law 
 i carrying tbi- aectiOH into effect. (Mont. XIX 7.) 
 Cm lands granted by United States for various objects, to have 
 preference rigid to purchase, in case of actual and bona fide 
 Bent and improvement at time of adoption of constitution, 
 in quantities of not over 160 acres, at not less than appraised 
 value, excluding value of improvements. (Wyo. XVIII 1.) 
 LegialaAttre never to grant privileges to persons settling on land 
 granted by United States to state, subsequent to survey by United 
 States, by which amount derived from sale diminished, directly or 
 indiflectly. [\ ,.i„. IX 10: Ida. IX 8; N.D. IX 16.3.) 
 but have first right to buy. (Wyo. XVITI 5.) 
 
 to public land by any trespasser by reason of occupancy, 
 
 IB o» improvement ever to be recognized; nor compensa- 
 
 "'" ' Ui: ,n: "^' Dfl account of any improvements made by 
 
 such trespasser. (S.D. VIII 10.)
 
 Indkx I>h.i:st 1135 
 
 PUBLIC LANDS (Cont'd) 
 Supervision 
 
 Educational and school lands fco be under ccuitrul uud management 
 of legislature. (Iowa IX l*t. II 1.) 
 
 Legislature to enact necosary laws far care vi nil Lands granted to 
 
 the Mate. (Wyo. Will 4.) 
 
 Management of to he duty of hoard of conumssionesa under rules 
 and regulations prescribed by legislature. i<)kla. \ 1 32.) 
 
 Direction, control and care of all lands granted to state, to he duty 
 of board of commissioners, under regulations imposed by law. 
 
 I Mont. XI 4; Wyo. XVIII 3.) 
 
 Direction and control to he duty of board of commission. i- under 
 regulations prescribed by law. (Colo. IX Hi; Ida. IX 7; Wyo. 
 
 VII 13.) 
 
 Control and care of to be duty of commissioner under provisions of 
 act of Congress relating thereto and the law. (X.M. .XIII -1.) 
 
 Commissioner of agriculture to have supervision of all matters per- 
 taining to, under regulations prescribed by law. (Fla. IV 20.) 
 Trusts in 
 
 See also above, this title. Land Grant Funds. 
 
 For solely educational purposes, See Ed\catio\ — FUNDS. 
 
 All lands granted to state held in trust for all the people. (Wash. 
 
 XVI 1.) 
 
 All lands belonging to territory of Xew Mexico, all lands granted, 
 transferred or confirmed to state by Congress, and all Lands here- 
 after acquired, declared to be public lands of state to be held or 
 disposed of as may be provided by law for purposes for which 
 granted, donated or otherwise acquired. (X\M. XTII 1.) 
 
 All lands of state granted to state by Congress, and all lands acquired 
 by gift or grant or devise from any person or corporation, to be 
 public lands of state, held in trust for the people, to be disposed 
 of as hereafter provided, for respective purposes lear which granted, 
 donated or devised. (Mont. XVTI 1.) 
 
 All lands of state granted by Congress, and all lands Enquired by 
 gift, grant or devise, from any person or corporation, or othenn 
 accepted and declared to he public lands of state: to be held in 
 trust for the people, to be disposed of as may be provided by law, 
 for respective purposes for -which granted, donated, devised or 
 
 otherwise acquired. (Utah XX 1.) 
 
 State accepts several grants of land made by enabling act under 
 conditions and limitations therein mentioned, reserving right to 
 apply to Congress for modification of said conditions and limita- 
 tions in case of necessity. (X T .!). XYT '205.) 
 
 Legislature at the earliest practicable period to provide by law that 
 grants of land made by OengWBSB to state he held in trust, subject, 
 to disposal at public auction, for the use and benefit of obi. 
 for which made; and for faithful application of proceeds in accord- 
 ance with term of grants. (Ida. IX 8* Colo. IX 10.) 
 
 All lands expresslv transferred and confirmed to state by enabling 
 act approved June 'ill, 1910, including all lands granted to -rate,
 
 1126 State Constitutions 
 
 PUBLIC LANDS (Cont'd) 
 Tbusts in (Cont'd) 
 
 all lands heretofore granted to territory and all lands otherwise 
 acquired by state, to be accepted and held in trust to be disposed 
 «.i in whole or in part, only in manner as in enabling act and 
 institution provided, and for objects specified in granting and 
 confirmatory provisions; natural products and money proceeds of 
 any of said lands to be subject to same trusts as lands producing 
 
 the same. (Ariz. X 1.) 
 
 Lands granted by Congress accepted under terms, conditions and for 
 
 purposes expressed in act making or confirming grants. (Ariz. 
 
 XX 12; Mont. Ordinance I 7; N.M. XXI 9.) 
 
 Grant by Congress for payment of bonds of certain counties to bn 
 
 selected and located as soon as possible by proper officers of state, 
 
 and si ild by them to pay interest and principal of state bonds 
 
 med to refund county bonds; excess to be paid into school fund. 
 
 (N.M. IX 4.) 
 bain lands granted by Congress for designated educational insti- 
 tutions and proceeds of sale to be kept as a trust never to be 
 diminished; income only to be used exclusively for benefit of 
 designated institution. (Okla. XI 5.) 
 Proceeds of binds granted by Congress for university and othei 
 institutions to constitute permanent funds to be safely invested 
 by stale and income applied for support of institutions and colleges 
 respectively; proceeds of grants for deaf and dumb and blind to 
 be trust, principal to remain inviolate, state guarantee against 
 
 diversion. (Utah X 5, 10.) 
 Land grants by Congress for state institutions accepted and to be 
 exclusively used for purposes for which granted. (N.M. XII 12, 
 
 XIV 2.) 
 Land set aside for a permanent fund for designated institutions to 
 be sold and proceeds invested and kept for use of institutions, as 
 provided for school land. (Tex. VII 9.) 
 Internal improvement land grant from Congress to be sold and pro- 
 Is invested in bonds to be used for purpose of grant under 
 
 detailed restrictions. (Minn. IV 32.) 
 Jim: Lands 
 
 State disclaims title to all tide lands patented by United States. 
 
 (Wash. XVII 2.) 
 . F>: km i' no* from, See Taxation — Exemption. 
 Wateb Poweb 
 
 Lands valuable for water power development or hydro-electric trans- 
 sion and designated by secretary of interior within five years 
 tatehood not to be disposed of by state and any transfer 
 during Buch live years to be void. (Ariz. X 6.) 
 PUBLIC OFFICERS 
 
 ted provisions relating to public officers generally, state 
 
 various classes, the extent of which can only he determined 
 
 ' examination of court decisions (e. g., "civil officers", "officers 
 
 ty of the state", etc.). Provisions relating to particular
 
 Index Digest 1127 
 
 PUBLIC OFFICERS (Cont'd) 
 
 officers (e. g., attorney-general) or classes of officers (e. g., county 
 officers, militia officers) are digested under the specific titles. 
 Accountable to People 
 
 Public officers are trustees and servants of the people, and at all 
 
 times amenable to them. (Ga. I Sec. I 1.) 
 All persons invested with the legislative or executive powers of 
 government are trustees of the public, and as such accountable for 
 
 their conduct. ■ (Md. D. R. 6.) 
 
 Magistrates and officers of government vested with authority, 
 
 whether legislative, executive or judicial, are substitutes and 
 
 agents of the people, and are at all times accountable to them. 
 
 ( Mass. Pt. I 5. ) 
 People have right to require of lawgivers and magistrates an exact 
 and constant observance of principles of constitution and of piety, 
 justice, moderation, temperance, industry and frugality in forma- 
 tion and execution of laws necessary for good administration of 
 
 state. (Mass. Pt. I 18.) 
 Magistrates and officers of government are substitutes and agents 
 of the people, and at all times accountable to them. (X.II. I 8.) 
 People have right to require of lawgivers and magistrates exact and 
 constant observance of principles of constitution and of justice, 
 moderation, temperance, industry, frugality and all the social 
 virtues, in formation and execution of laws necessary for good 
 administration of government. (N.PI. I 38.) 
 People have right, in a legal way, to exact from their legislators and 
 magistrates, due and constant regard to fundamental principles 
 and to justice, moderation, temperance, industry and frugality in 
 making and executing laws necessary for good government of state. 
 
 (Vt. I 18.) 
 Magistrates are trustees and servants of the people, and at all times 
 amenable to them. (W.Va. Ill 2.) 
 Accounts 
 
 Disqualification for Failure to Account, See beloic, this title, Quali- 
 fications and Disqualifications. 
 Of Whom Required 
 
 Officers and commissioners of state. (Okla. VI 33.) 
 State officials, boards and institutions (law to require accounts 
 
 of them). (Mich. X 18.) 
 
 Officers of executive department. (Colo. IV 16; Fla. IV 27; Ida. 
 
 IV 17; 111. V 20; Mo. V 22; Mont. VII 19; Nebr. V 21; N.M. 
 
 V 9; S.C. IV 14; Tex. IV 24.) 
 
 Subordinate officers of executive department. (W.Va. VII 17.) 
 
 Officers of public state institutions. (Colo. IV 16; Ida. IV 17; 
 
 111. V 20; Mont. VII 19; Nebr. V 21; N.M. V 9; W. Va. VII 
 
 17.) 
 Boards of public institutions. (S.C. IV 14.) 
 Officers and managers of state institutions. (Tex. IV 24.) 
 Officers charged with eafe-keeping, transfer and disbursement of 
 state, county and school funds. (S.C. X 12.)
 
 |j£g State Constitutions 
 
 PUBLIC OFFICERS [Cont'd) 
 A ii'nnf 
 
 Of Whom Required (To/^v/i 
 
 Officers or persons charged with safe-keeping, transfer and dis- 
 bursement of state and school funds or any part thereof. 
 
 (Minn. IX 12.) 
 Offieara collecting or receiving, or having duty of collecting, 
 receiving, holding or paying out, money of state, county, dis- 
 trict or municipal corporation (law to require accounts of 
 
 them). (W. Va. VI 27.) 
 Of What 
 
 Financial and other transactions. (Mich. X 18.) 
 Receipts. (Fla. IV 27.) 
 
 Receipts, itemized. (Minn. IX 12; S.C. IV 14, X 12.) 
 &feneye received. (X.M. V 9.) 
 
 Moneys received from all sourees. (Colo. IV 16; Ida. IV 17; 
 111. V 20; Mont. VII 19; Xebr. V 21; Tex. IV 24; W.Va. VII 
 
 17.) 
 i hoses in action received from all sourees. (Tex. IV 24 ) 
 Expenditures of office. (Fla. IV 27.) 
 
 Disbursements, itemized. (Minn. IX 12; S.C. IV 14, X 12.) 
 Moneys disbursed. (Colo. IV 16; Ida. IV 17; Mont. VII 19.) 
 Moneys disbursed from all sources. (111. V 20; Xebr. V 21; 
 
 W.Va. VII 17.) 
 Moneys disbursed or otherwise disposed of from all sources. 
 
 (Mo. V 22; Okla. VI 33; Tex. IV 24.) 
 ( 'hoses in action disbursed or otherwise disposed of from all 
 
 sources. (Mo. V 22; Okla. VI 33; Tex. IV 24.) 
 Services performed. (Colo. IV 16; Ida, IV 17; 111. V 20; 
 Mont. VII 19; Mo. V 22; Xebr. V 21; Okla. VI 33; Tex. IV 
 
 24; W.Va, VII 17.) 
 Requirements of office. (Fla. IV 27.) 
 Of Fees, See below, this title, Fees and Emoluments. 
 Of Public Property, Sec Public Property. 
 
 Audit of Accounts, and Accounting Systems, See State Finances — 
 
 Accounts. 
 Reports 
 
 See also below, this title, Reports. 
 To Whom 
 
 Governor. (Colo. IV 16; Ida, IV 17; 111. V 20; Mont, VII 
 19; Mo. V 22; Xebr. V 21; X.M. V 9; Okla. VI 33; S.C. 
 IV 14; Tex. IV 24; W.Va. VII 17.) 
 Governor; transmitted to legislature by governor at begin- 
 ning of each regular session. (Fla. IV 27.) 
 Competent state authority prescribed by law. (Mich. X 18.) 
 Freq u 
 
 Semi-annually. (Colo. IV 16; Ida. IV 17; 111. V 20; Mo. V 
 12; Mont. VIT 10; Xebr. V 21; Tex. IV 24; W.Va. VII 
 
 17.) 
 Semi-annually and as often as required by governor. (Okla. 
 
 VI 33.)
 
 I.\i>]\ I>h.ist 1129 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Accounts ( Cont'd ) 
 Reports (Cont'd) 
 
 Frciiiniivii ( Cont'd) 
 
 Annually and at such other times as goremdr may require. 
 
 (X..M. V 9.) 
 When required by governor. (S.C. IV 14.) 
 At beginning of each regular session o* whenever requi 
 
 by gDveraorl ( l'l.i. I \ 27.) 
 Oaths 
 
 Required. (Colo. IV 16; Ida. IV 17; Mont. VII 19; X.M. 
 
 V 9; Okla. VI .33.) 
 Required; making false report to be perjury. (111. V 20; 
 
 Mo. V 22: Nebr. V 21.) 
 Required; person making false report to be guilty of per- 
 jury and removed from office. (Tex. IV 21.) 
 Oath or affirmation; making false report to be perjury. 
 
 (W'.Va. VII 17.) 
 Appointment 
 
 As to u-Jtvflicr officers are to be appointed or elected, See below, this 
 
 title, Selection'. 
 For list of particular officers or classes of officers whose appoint* 
 by governor, tcith or without confirmation, is authorized or di- 
 rected. See Governor. 
 Examinations for, See Cmx Service. 
 As Prescribed by Law 
 
 If not provided for in constitution. (Mo. XIV 9.) 
 By Governor 
 
 If not otherwise provided for by law or constitution, by gov- 
 ernor, and in his absence by lieutenant-governor. (Vt. II 20.) 
 Officers whose salaries, fees and emoluments are $. : 500 or less 
 (if he is authorized by constitution or law to appoint). (Del. 
 
 III 9.) 
 No appointment to be made by governor during last week of 
 
 term. (X.J. V 3.) 
 By Governor with Consent of Senate 
 
 Officers whose appointment or election not otherwise provided 
 
 for. (Ida. IV 6; Mont. VII 7; X.M. V 5b) 
 Same; senate may sit with closed doors when deliberating on 
 nominations, but in acting thereon to sit with open d..nrs; 
 vote taken by veas and nays and entered on journals. (Colo. 
 
 IV 6.) 
 State officers whose election or appointment not Otherwise pro- 
 vided for. (Utah VII 10.) 
 
 Such officers as may be provided by law. (Minn. V 4.) 
 Officers established by constitution and whose appointment or 
 election not otherwise provided for in const itution ; failure to 
 send to senate. name of person appointed to be equivalent to re- 
 jection; person rejected not to be appointed to same office 
 during recess of senate. (La. 71, 72.) 
 Officers whose appointment not otherwise provided for by law;
 
 1 1 30 State Constitutions 
 
 PUBLIC OFFICERS [Cont'd) 
 Aitih.n i mini | Cont'd) 
 
 By Governor With Consent of Senate (Cont'd) 
 
 no appointment or nomination to be made by governor during 
 1 i-t week of term; if person nominated for office of trust or 
 profit under government of state is not confirmed before 
 recess, ineligible for appointment to such office during such 
 recess. (N.J. V 3, 12, VII Sec. II 9.) 
 Civil and military officers of the state, whose appointment or 
 election not otherwise provided for by constitution, unless 
 law creating office provides other method; civil officers to be 
 nominated to senate within fifty days from beginning of 
 regular session; after rejection by senate person not to be 
 nominated for same office at same session unless at request of 
 senate, or be appointed to same office during recess of legis- 
 lature. (Md. II 10, 12, 13.) 
 Person rejected by senate not to be reappointed by governor to 
 same office during same session or recess thereafter. (No 
 provision in constitution expressly requiring confirmation of 
 
 appointments.) (Ga. V Sec. I 15.) 
 By Governor with Consent of Senators-Elect 
 
 Officers established by constitution, where appointment not other- 
 wise provided for. (N.C. Ill 10.) 
 By Governor with Consent of Majority of All Members Elected to 
 
 Senate 
 Officers whom he is authorized by constitution or law to appoint, 
 but confirmation not needed in case of officers whose salaries, 
 fees and emoluments are .$500 or less. (Del. Ill 9.) 
 Officers whose appointment or election not otherwise herein 
 provided for; yeas and nays required; after rejection by 
 senate, person not to be nominated for same office at same 
 session unless by request of senate, nor appointed to same 
 office during recess of legislature. (111. V 10, 11; Nebr. V 10, 
 
 11.) 
 no; except during recess of "senate" instead of "legisla- 
 ture ". ( W.Va. VII 8, 9. ) 
 By Governor with Consent of Two-Thirds of All Members of Senate 
 Officers whom governor authorized by constitution or law to 
 appoint; in acting on nomination, senate to sit with open 
 •loors and vote to be taken by yeas and nays and entered on 
 
 journal. (Pa. IV 8.) 
 By Governor with Consent of Council 
 
 livil and military officers whose appointment is not otherwise 
 
 provided for by constitution or law; nomination to be made 
 
 least seven days before appointment. (Me. V Pt. I 8.) 
 
 Governor and council to have negative on each other in such 
 
 nominations and appointments as they are authorized to 
 
 nire by governor and council necessary; each 
 
 nomination and appointment to be signed by governor and 
 
 •He] every negative to be signed by "governor or 
 
 council win, made He- same 4 '?: (jST.H. II 40.) '
 
 Index Digest 1131 
 
 PUBLIC OFFICERS (Cont'd) 
 Appointment ( Cont'd ) 
 
 By Legislature, See Legislature — Elections ht. 
 By Court 
 
 Legislature not to confer on court <>r judge power of appoint- 
 ment, except as provided in constitution. (W.Va. VI 40.) 
 Assistants, Sec below, this title, Deputies and Assistants. 
 Bonds 
 
 Sureties of state officers to be residents of and have sufficient 
 property within state not exempt from sale under execution, 
 attachment or other process of court to make good their bonds, 
 but any surety, bonding or guarantee company organized for 
 purpose .of doing surety or bonding business and authorized 
 to do business in state may become surety on bonds of state 
 officers under regulations prescribed by law. (Ark. XIX 21.) 
 Sureties of state officers to be residents of and have sufficient 
 visible property unincumbered within state, and not exempt 
 from sale under legal process, to make good their bond*; but 
 duly organized and responsible guarantee or surety company, 
 either foreign or domestic, lawfully doing business in the state, 
 
 may be surety. (Fla. XVI 13.) 
 Legislature to have no power to relieve principals or securities 
 upon forfeited recognizance from payment, either before or after 
 judgment, unless principal is apprehended and in custody of 
 proper officers. (Ga. Ill Sec. VII 10.) 
 Legislature to provide by general law what officers shall give 
 bond, and fix "liability therein", and for relief or discbarge of 
 
 sureties. (Ky. 224, 238.) 
 House of delegates may direct suit on for breach. (Md. Ill 24.) 
 Officers and other persons charged with safe-keeping, transfer and 
 disbursement of state and school funds or any part thereof to 
 be required to give ample security for all money and funds re- 
 ceived. (Minn. IX 12.) 
 Legislature to fix amount of penalty and may, as Ear as practic- 
 able, provide that whole or part of security required shall be 
 made by guarantee company or companies. (Miss. IV 82.) 
 Officers charged with safe-keeping, transfer and disbursemenl of 
 state, county and school funds, to give such security as legis- 
 lature may provide. (S.C. X 12.) 
 State officers whose duty it is to collect fees, to be responsible 
 
 therefore under bond. (Utah XXI 2; Wyo. XIV 2.) 
 State officers and their deputies. assiatant8 or employees, charged 
 with collection, custody, handling or disbursement of public 
 funds, to give bond for faithful performance of duties; amount 
 of such bond and manner of furnishing security specified and 
 
 regulated by law. (Va. V 85.) 
 To be made payable to state. (W.Va. II S.) 
 
 Officers and sureties not to be released from debt or liability due 
 
 state. (W.Va. VI 38.) 
 Of state officers, governor shall for causes and in maimer pre-
 
 11: State ( 'oxsthttions 
 
 PUBLIC OFFICERS (Cont'd) 
 Bos nt'd) 
 
 ibed liv law. require reasonable additional security; if not 
 given, office to be declared vacant in manner provided by law. 
 
 (W.Va. VII 13.) 
 
 Tax assessor or collector, sureties not to be relieved from liability 
 
 by local ec special law. (Ky. 59; La. 4S; Mo. IV 53; Okla. V 
 
 46; Tex. Ill 56.) 
 Bribery 
 
 also beltms, this title, Coiiuupt Solicitation. 
 As di&qmtli^eation fan votings See Elections — Qualifications 
 
 axd Disqualifications of Electors. 
 JLs iHs<iU'difu-ation to hold office; See below, 1his title,. Qualifica- 
 tions and Disqualifications. 
 To secure or appointment (other than for resulting dis- 
 
 en to hold office). See Elections. 
 Of es of leu'islii me, See Legislature — Members. 
 
 Bribery of Officer 
 
 Any pecson who offers or promises bribe to an officer, if it shall 
 be received, to be deemed guilty of felony and liable to pun- 
 i-iunent ; if bribe rejected, guilty of attempt to bribe, which 
 ieHared to lie felony. (N.Y. XIII 3.) 
 Legislated to provide fey lav/ for punishment by imprisonment 
 in penitentiary, of person bribing or attempting to bribe exec- 
 utive or judicial officer of state in order to influence him in 
 performance of official or public duties. (W.Va. VI 45.) 
 Legislature to provide by law for punishment by fine or im- 
 prisonment in penitentiary, or both, in discretion of court, of 
 person bribing or attempting to bribe executive or judicial 
 officer of stale or to influence him in performance of official 
 
 duty. (Md. Ill 50.) 
 Any person who offers, gives or promises any money or thing of 
 value, testimonial, privilege or personal advantage to any 
 eeutive or judicial officer to influence him in performance of 
 any public or official duty, to be guilty of bribery and punished 
 d"'d by law. (Ala. IV SO; Ark. V 35; Colo. V 41; 
 Mont. Y ©; I'a. Ill 30; Tex. XVI 41; Wyo. Ill 43.) 
 .Any person who offers, gives or promises any money or thing of 
 value, testimonial, privilege or personal advantage to any 
 executive or judicial officer of state to influence him in per- 
 formance of any public or official duty to be guilty of bribery 
 and puni-hed as prescribed by law. (Del. II 22.) 
 Any person who •■shall give, demand, offer", any money, festi- 
 val, privilege or personal advantage, or thing of value, to 
 Mve or judical , .nicer to influence him in performance of 
 offiefal or public duty, to be guilty of bribery and punished 
 '"•d by law. (ST). Hi 38.) 
 i who offer- or gives anv sum or sums of money, bribe. 
 ird, promise or any other thing to any state officer 
 ' '"' in,rnf f " induce such Officer to appoint any person to
 
 1 \1>KX DlGKBBT 1 133 
 
 PUBLIC OFFICERS (Cont'd) 
 Bribery (Cont'd) 
 
 Bribery of Officer (Cont'd) 
 
 office, to vote or exercise any power in liim rested, or perform 
 any duty, shall be guilty of bribery and punished as prescribed 
 
 by Law. (La. L83.) 
 Bribery by Officer 
 
 Any executive or judicial officer wlio receives or consents to 
 receive any money or thing of value, testimonial, privilege or 
 personal advantage to inlluciicc his action in performance or 
 nonperformance of public or official duly, to be guilty of 
 felony and punished accordingly. (Ark. V 
 
 Legislature to provide by law for punishment by fine or im- 
 prisonment in penitentiary, or both, in discretion of court, 
 of executive or judicial officer of state who demands or re- 
 ceives any bribe, fee, reward or testimonial Eor performance 
 of official duties or for neglecting or failing to perform them. 
 
 (Md. Ill 50.) 
 
 Legislature to provide by law for punishment by imprisonment 
 in penitentiary of executive or judicial officer of state who 
 demands or receives from any corporation, company or 
 person, any money, testimonial or other valuable thing for 
 performance of official or public duties, or for refusing or 
 failing to perform same. (W.Va. VI 45.) 
 
 State officer receiving money, bribe, present, reward, promise, 
 contract, obligation or security from person offering or giv- 
 ing it with intent to induce or influence such officer to ap- 
 point any person to office, to vote or exercise any power in 
 him vested, or to perform any duty, shall be guilty of bribery 
 and punished as prescribed by law. (La. 1S3.) 
 
 Any officer under laws of state who, except in payment of his 
 le"-al salary, fees or perquisites, receives or consents to re- 
 ceive any thing of value or personal advantage, or promise 
 thereof, for performing or omitting to perform official act, or 
 with expressed or implied understanding that his official ac- 
 tion or omission to act is to be influenced thereby, to be 
 deemed guilty of felony (this provision not to affect validity of 
 existing statute in relation to offense of bribery). (N.Y. XIII 
 
 — ■ ) 
 
 Civil officer who solicits, demands, receives or consents to receive 
 for himself or for another, from any company, corporation or 
 person, any money, office, appointment, employment, testi- 
 monial, reward, thing of value or enjoyment, or of personal 
 advantage or promise thereof, for his vote or official influence 
 or action, or for withholding the same, or with understanding 
 that his official influence or action shall be influenced thereby; 
 or who solicits or demands any such money or advantage, 
 matter or thing for another as consideration of vote, official 
 influence or action, or withholding the same, or who gives or 
 I - withholds his vote, official influence or action in consideration
 
 1134 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 Bbibebx (Cont'd) 
 
 Bribery by Officer (Cont'd) 
 
 of demand or promise of such money, advantage, matter or 
 thing to another, to be held guilty of bribery or solicitation of 
 bribery within the meaning of constitution and shall incur 
 disabilities provided thereby and such additional punishment 
 a> may be prescribed by law. (Colo. XII 6.) 
 Executive or judicial officer who solicits, demands, receives or 
 consents to receive for himself or for another, from any com- 
 pany, corporation or person, any money, appointment, employ- 
 ment, testimonial, reward, thing of value or employment, or 
 of personal advantage, or promise thereof for vote or official 
 influence, or for withholding same, or with understanding 
 that his vote or official action shall be influenced thereby; 
 or who solicits, demands and receives any such money or 
 advantage, matter or thing for another as consideration of 
 vote or official influence, in consideration of payment or 
 promise of such money, advantage, matter or thing to another, 
 to be held guilty of bribery within the meaning of constitu- 
 tion, and to incur disabilities provided, with forfeiture of 
 office and such other additional punishment as prescribed by 
 
 law. (Tex. XVI 41.) 
 Prosecution 
 
 and juries, legislature to require judges to charge specially. 
 
 (Ala. IV 81.) 
 Expenses of prosecution to be charge against state and pay- 
 ment by state shall be provided for by law. (X.Y. XIII 6.) 
 Testimony 
 
 Testimony may lie compelled, with immunity from prosecution, 
 except for perjury. (La. 184; Pa. Ill 32; Wash. II 30; Wyo. 
 
 Ill 44.) 
 
 Testimony may be compelled, with immunity from prosecution. 
 
 except for "bribery in giving. such testimony". (S.D. Ill 28.) 
 
 Testimony of person having knowledge may be compelled, with 
 
 immunity from prosecution. (Ariz. II 10.) 
 Testimony of person offering bribe may be compelled in prose- 
 cution of officers, with immunity from prosecution. (X.Y. 
 
 XIII 3.) 
 
 timony of guilty parly against another with immunity from 
 
 prosecution, legislature to provide for compelling. (Md. Ill 
 
 50; W.Va. VI 45.) 
 
 mony in own behalf in any civil or criminal prosecution is 
 
 permitted to any person charged with receiving or offering 
 
 or promising a bribe. (X.Y. XIII 4.) 
 i Sebvk r. See Cnnt Service, 
 Comic ro 
 
 To express tenure of office. (X.H. IT 72.) 
 
 rssued by governo* in case of officers of state. (S.C. IV 17.) 
 
 led by governor in case of civil officers elected or appointed pur- 
 suant to constitution. (X.J. VII Sec. II 10.)
 
 Index Digesi 1135 
 
 PUBLIC OFFICERS (Cont'd) 
 Commissions to (Cont'd) 
 
 Issued by governor in case of officers not otherwise provided for by 
 law, (Mo. V 23; Okla. VI 13.) 
 
 Issued by governor, and in his absence by lieutenant-governor, in 
 ease of officers not otherwise provided for by law or constitution. 
 
 (Vt. II 20.) 
 
 Issued in name of state. (W.Va. II S.) 
 
 Issued in name of state, sealed with state seal and signed by gov- 
 ernor. (Del. Ill 12; Md. IV 13; Pa. IV 22; Tenn. Ill 16.) 
 
 Issued in name of state, attested by governor with state seal 
 
 annexed. I Va. V 75.) 
 
 Issued in name of state, sealed with state seal, signed by governor 
 and countersigned by secretary of state. (Ala. V 135; Cal. V* 14; 
 Fla. IV 14; Ida. IV 16; Iowa IV 21; Kan. I 9; La. 83; Mich. \ "I 
 12; Mont. VII IS; Nev, V 16; N.J. VIII 3, V G; JST.C. HI 16; 
 Ohio III 13; S.G. IV 19; Utah VII 21.) 
 
 Issued in name of state, sealed with state seal, signed by governor 
 and attested by secretary of state. (Ariz. V 12; Ark. VI 10; 
 Conn. IV 11; Ind. XV (5; Me. IX 3: Mass. Pt. II Ch. VI 4; Miss. 
 V 127; Mo. V 23; X.II. II 85; X.M. V 11; Okla. VI 13; Ore. V 
 18; R.I. VII 8; Tex. IV 20: Vt. II 22; Wash. Ill 15.) 
 
 Compensation 
 Amount 
 
 Fixed by Laic 
 
 To be fixed by law. (Miss. IV 103: R.L Amend. XI 1.) 
 To be fixed by law if not by constitution. (Ohio II 20; 
 
 Ore. XIII 1; Tex. Ill 44. 
 Legislature to prescribe by general law, for public officers 
 and agents, if not provided for in constitution. (W.Va. 
 
 IV S.) 
 To be fixed by law. in case of state officers. (Utah VII 20.) 
 To be fixed by law. in ease of state officers whose salary is 
 
 not fixed by constitution. (Fla. Ill 27; X.V. X 9.) 
 Legislature may fix and regulate wages or salaries of 
 
 employees of state. (N.Y. XII 1.) 
 Salary to be fixed by law, in case of officers of executive 
 
 department, except where fixed in constitution. (Va. 
 
 V 83.) 
 Salary of officers in state and of clerk- and employees of 
 
 different departments of state to be fixed by law. (Axk. 
 
 XVI 4.) 
 Compensation of state officers (except as provided in con- 
 stitution) and of clerks and assistants to be as prescribed 
 
 by law. (Okla. Sched. 17.) 
 Legislature to fix amount of salaries not fixed by constitu- 
 tion which must be in proportion to value of services 
 rendered and duty performed. (Wyo. XIV 1.) 
 Maximum Amount, See below, this subdivision, Increase OR 
 
 Decrease.
 
 1136 Si ate Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 impensation [Cont'd) 
 Amount [Confd) 
 
 Increase or Decrease, See below, this subdivision, Increase or 
 
 Decrease. 
 Primate, Local or Special Laws 
 
 Salary not to be affected by local or special law. (Cal. IV 
 
 25.) 
 
 Salaries, local or special law in relation to, prohibited, but 
 
 laws may grade compensation in proportion to population 
 
 and services required. (Ind. IV 22.) 
 
 Salary not to be created by local, private or special law. 
 
 (Miss. IV 90.) 
 
 Salary not to be, or authorized to be, created, during term 
 
 for which elected or appointed, by local, private or special 
 
 law. (Va. IV 63.) 
 As to extra compensation, See below, this subdivision, 
 
 Extra. 
 As to increase or decrease, See below, this subdivision, 
 
 Increase or Decrease. 
 In relation to fees, See below, this title, Fees and Emolu- 
 ments. 
 In Case Duties Taken Away 
 
 When duties pertaining to office taken away by legislature 
 salary to cease. (Miss. IV 10S.) 
 
 Of Deceased Officers 
 
 Legislature not to authorize payment of salary beyond date of 
 death. (Ala. IV 97; Miss. IV 92; S.C. Ill 32.) 
 Expenses 
 
 See also beloiv, this title, Fees and Emoluments. 
 Legislature not to increase expenses of any office by appointing 
 
 assistant officials. (La. 54.) 
 
 Nn officer or department of government to receive any amount 
 
 from treasury for contingencies or for contingent fund. (La. 
 
 56.) 
 
 -\'u allowance for incidental expenses of state officers except by 
 
 general appropriation, and on account specifying each item. 
 
 (Nebr. Ill 22.) 
 
 Legislature may provide for actual and necessary expenses of 
 
 state officers while traveling in state in performance of official 
 
 duty. (Utah VII 20.) 
 Extra 
 
 See ajeo below, this title, Fees and Emoluments. 
 In General 
 
 Prohibited if salary fixed by constitution. (N.Y. X 9.) 
 islature, common council of city, or board of supervisors 
 not to grant to public officer, servant or agent. (N.Y. 
 
 Ill 28.)
 
 Index Digest 1 1'IT 
 
 PUBLIC OFFICERS (ConC<h 
 Compensation (Cont'd) 
 Extra (Con I'd) 
 
 In General (Cont'd) 
 
 Legislature, county, city, boroogk, town or school district 
 not to pay or grail* to p;il>li<- officer, empl ent or 
 
 servant. (Conn. Amend. \X1\'.) 
 Legislature not to grant from treasury of state or authorize 
 to be granted from treasury of political subdivision, by 
 local, private or special law, to public officer, servant or 
 
 agent. ( \'a. 1\' 63.) 
 Xo greater salary or fee than that fixed by law to be paid 
 . to any officer, employee or other perSOH or at any rate 
 other than par value. (Ark. XVI 4.) 
 
 After Services Rendered 
 
 X T ot to be granted or allowed to public officer, agent or 
 
 servant. (W'.Va. VI 3S.) 
 Prohibited to officer or public agent, unless allowed by two- 
 thirds of members elected to each branch of legislature. 
 (Iowa III 31; Ohio II 29.) 
 Prohibited to officer, agent or employee unless allowed by 
 bill passed by two-thirds of members elected to each 
 1. ranch of legislature. (Ark. V 27; Fla. XVI 11.) 
 Legislature not to grant to public officer, agent or servant. 
 (Ariz. IV Pt, II 17; Nebr. Ill 10; X.M. !\ 27; \\ 
 
 !1 2,-i; Wis. IV 20.) 
 Legislature not to grant to public officer, agent or employee. 
 
 (S.D. XII 3.) 
 
 Legislature not to grant to public officer, servant, agent or 
 
 employee. (Colo. V 28; Mont. V 2,9-, Pa. Ml 11: Wyo. 
 
 Ill 30.) 
 Legislature not to grant or allow to public officer, agent or 
 
 servant. (Aid. Ill 35.) 
 Legislature not to grant or authorize to public officer or 
 
 agent. (Ga. VII Sec. XVI 2.) 
 Legislature or municipal authority not to grant or author- 
 ize to public officer, agent or employee. (Mich. XVI 3.) 
 Compensation, fees or allowance legislature not to grant to 
 public officer, agent or servant. (Miss. i\ ;>t; ; s.< '. Ill 
 
 30.) 
 
 Compensation, fee or allowance, legislature not to grant or 
 
 authorize to public pfficer, agent or servant. (111. IV 19.) 
 
 Compensation, fee or allowance, legislature not to granl or 
 
 authorize county or municipal authority to grant to 
 
 public pfficers. servants or agents. (Mo. IV -ts ; Tex. 
 
 Ill 44, 53; Utah VI 30.) 
 Compensation or allowance, legislature not to grant or 
 authorize county or municipal authority to grant, to 
 public officer, agent or servant. (t'al. IV 32.)
 
 1138 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 ( u.M PENSATION ( Cont'd ) 
 Extra (Cont'd) 
 
 After Services Rendered (Cont'd) 
 
 Compensation, fee or allowance, legislature or county or 
 municipal authority not to grant, nor shall legislature 
 authorize or require county or municipal authority to 
 grant, to public officer, servant, employee or agent. (Ala. 
 
 IV 68.) 
 To Contractor, See Public Contracts. 
 Fees and Emoluments, See below, this title, Fees and Emoluments. 
 Increase or Decrease 
 In (i intra I 
 
 Compensation fixed in constitution may be increased or 
 
 diminished by law. (New XV 9.) 
 Salary not to be increased or decreased by local, private or 
 
 special law. (Miss. IV 90.) 
 Salary of officers or employees not to be increased in general 
 
 appropriation bill. (Ala. IV 71.) 
 Salary of officer or employee of state not to be increased in 
 
 general appropriation bill. (Okla. V 56.) 
 Bill for increase not to be introduced after tenth day prior 
 to expiration of session, except by unanimous consent of 
 
 house. (N.M. IV 19.) 
 When office, through increase of fees or otherwise, becomes 
 so profitable as to occasion many to apply for it, the 
 profit ought to be lessened by legislature. (Vt. II 57.) 
 Of Fees or Emoluments, See below, tltis title, Fees and Emolu- 
 ments. 
 Extra Compensation 
 
 See above, tliis subdivision, Extra. 
 See below, this title, Fees and Emoluments. 
 After Election or Appointment 
 
 Salary not to be increased or decreased after election or 
 appointment. (Colo. V 30; Mont. V 31; Pa. Ill 13; Wyo. 
 
 Ill 32.) 
 
 Salary not to be changed after election or appointment, 
 
 unless by law passed prior to election or appointment. 
 
 (Okla. XXIII 10.) 
 
 Salaries of officers, except circuit judges, not to be increased 
 
 and salaries of officers not to be decreased after election 
 
 or appointment. (Mich. XVI 3.) 
 
 Salary not to be diminished after election or appointment. 
 
 (Del. XV 4.) 
 During Term of Office 
 
 Prohibited. (Ariz. IV 17; Md. Ill 35; Nebr. Ill 16; N.M. 
 
 IV 27; S.D. XII 3; Wash. II 25; Wis. IV 26.) 
 Compensation not to be increased or decreased during term 
 of office; not applicable to allowances to officers for feed- 
 ing, guarding or transferring prisoners. (Ala. IV 68.)
 
 I.m.kx Digest 1139 
 
 PUBLIC OFFICERS [Cont'd) 
 Compensation (Cont'd) 
 
 Increase or Decrease (Cont'd) 
 
 During Term, of Office [CorcPd) 
 
 Salary not to be increased or decreased during term of 
 
 office. (W.Va. VI 38.) 
 
 Salary not to be changed during term of office unless by 
 
 law passed prior to election or appointment. (Okla. 
 
 XXII] 10.) 
 Compensation of state officer not to be increased during 
 
 term. (Mo. XIV 8.) 
 During Term for Which Elected or Appointed 
 
 Prohibited during term for which elected. (Ky. 235.) 
 Prohibited during term for which elected, in cast- of Btate 
 
 officers. (W'adi. Ill 25.) 
 
 Prohibited during term for which elected or appointed, in 
 
 case of civil office of profit under state. (Ala. XVII 2S1.) 
 
 Prohibited during term for which elected or appointed in 
 
 case of state officers named in constitution whose salary 
 
 is not fixed by constitution. (X.Y. X 9.) 
 
 Salary of officers of executive department not to be increased 
 
 or decreased during term for which elected or appointed. 
 
 (Va. V S3.) 
 Salary not to be, or authorized to be, increased or de 
 
 during term for which elected or appointed, by local, 
 private or special law. (Va. IV G3.) 
 Affecting Compensation During Continuance in Office 
 
 Legislature or municipality not to increase compensation 
 to take effect during continuance in office of person whose 
 salary might be increased thereby. (Conn. Amend. XXIV.) 
 Affecting Compensation During Term 
 
 Change of compensation not to affect salary during term. 
 
 unless office abolished. (Ohio II 20.) 
 Increase or decrease prohibited to extent that it affects 
 salary of state officer during term, unless vacancy occurs, 
 in which case successor to receive only salary provided by 
 law at time of election or appointment. (Utah VII 20.) 
 Affecting Compensation During Term for Which Elected 
 
 Compensation fixed in constitution may be increased or 
 diminished by law, but not applicable to officer during 
 term for which elected. (Xev. XV 9.) 
 Deductions for Neglect of Duty 
 
 Legislature to regulate by law in what cases and what 
 
 deductions from salaries shall be made. (Ark. XIX S.) 
 
 Legislature to regulate by general law in what cases and 
 
 what deductions shall be made. (Ky. 235.) 
 Legislature to regulate by law in what cases and what 
 deductions from salaries and compensation shall be made. 
 
 (Ala. IV 87.)
 
 U40 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 ( OMPENSATION (Cont'd) 
 
 Increase or Decrease (Cont'd) 
 
 J hd uci ions for Xeylect of Duty (Cont'd) 
 
 Legislature may reduce salaries. (Kan. XV 7.) 
 From salaries, legislature to provide for. (Fla. XVI 18; 
 
 Miss. IV 78; Tex. XVI 10.) 
 Mn.rimum Compensation 
 
 Officers of state not to receive for salary, fees and per- 
 quisites more than $5,000 net profits per annum in par 
 funds and all sums in excess of this amount to he paid 
 into state treasury as provided by law. (Ark. XIX 23.) 
 Limited (except governor) to $5,000, exclusive of legally 
 authorized deputies and assistants, whose compensation 
 shall be fixed and provided by law; legislature to provide 
 penalties for violation, one of which shall be forfeiture 
 
 of office. (Ky. 246.) 
 Limited to $3,000 in case of holder of office created by or 
 existing under constitution or laws of state, except where 
 otherwise provided in constitution. (Md. XV 1.) 
 
 Payment 
 
 Quarterly for state officers. (Utah VII 20.) 
 Salaries payable quarterly on his own requisition. (Fla. XVI 3.) 
 Auditor to draw warrants quarterly for payment of salaries of 
 all officers under constitution whose compensation is not 
 otherwise provided for. Paid out of funds not otherwise ap- 
 propriated. (Xebr. XVI 25.) 
 Xo salary or fee to be paid at any other rate than par value. 
 
 (Ark. XVI 4.) 
 
 Appropriation for officer or employee not to be made in general 
 
 appropriation bill unless employment and amount of salary 
 
 have already been provided for by law. (Ala. IV 71.) 
 
 Appropriation for salary of officer or employee of state not to 
 
 be made in general appropriation bill unless employment and 
 
 amount of salary already provided for by law. (Okla. V 56.) 
 
 Laws making appropriations for salaries to c6ntain provisions 
 
 on no other subject. (Fla. Ill 30; Ore. IX 7.) 
 Bills making appropriations for salaries of officers of govern- 
 ment not to contain provision on other subject. (W.Va. VI 
 
 42.) 
 Of Retired Officers, See Pensions. 
 
 Right to 
 
 >fficer has right to reasonable compensation if called into 
 
 public service to prejudice of private affairs. (Vt. II 57.) 
 
 No man or set of men entitled to exclusive public emolument 
 
 beam community. (Conn. I 1.) 
 
 ■e; adds "but in consideration of public services". (Ky. 3; 
 
 N.C. I 7; Tex. I 3; Va. I 4.)
 
 J.\i>KX I >1( . i:s T 1111 
 
 PUBLIC OFFICERS (Cont'd) 
 Consolidation of Offices 
 
 Whenever practical, legislature may. and v. tau -v.-r it can be done 
 without detriment to puhlic service, shall consolidate offices and 
 when so consolidated, duties of additional ottee ta be performed 
 under an ear officio title. (Wyo. \ I V &..) 
 Contingent Fund 
 
 Xo officer or department of government to receive any amount from 
 treasury for contingencies or for contingent fund. (La. 56.) 
 Corrupt Solicitation 
 
 See also above, tMs title, Bribery. 
 
 Of (public officers of state and occupation or practice of solicitation 
 of such persons to influence their official action, to be defined by 
 law and to be punishable by fine or imprisonment. (Colo. V 12; 
 Mont. V 43; Pa. Ill 31; Wash. II 30; Wyo. Ill 45.) 
 Of public officers of state and occupation or practice of solicitation 
 of such persons to influence their official action to be defined by 
 law and punished by line and imprisonment in penitentiary. (Ala. 
 
 IV 81.) 
 
 Of public officers of state and any effort toward solicitation of such 
 
 officers to influence their official action, to he defined by law and 
 
 punished by fine or imprisonment. (S.D. Ill 28.) 
 
 Testimony may be compelled, witli immunity from prosecution, except 
 
 for perjury. (Pa. Ill 32; Wash. II 30; Wyo. Ill 44.) 
 Testimony may be compelled with immunity from prosecution except 
 
 for "bribery in giving such testimony". (S.D. Ill 28.) 
 Conviction as disqualification for office, See below, this title, QUALI- 
 FICATIONS and Disqualifications. 
 Criticism of 
 
 See Freedom of Speech and Publication. 
 See Libel and Slander. 
 Definition 
 
 "An office is a public position created by the constitution or law. 
 continuing during the pleasure of the appointing power or for a 
 fixed time, with a successor elected or appointed. An employment 
 is an agency, for a temporary purpose, which ceases when that 
 purpose is accomplished." (111. V 24.) 
 Deputies and Assistants 
 
 Appointment of deputies not to be authorized by local or special law. 
 
 (Ky. 50.) 
 Legislature not to increase expenses of any office by appointing as- 
 sistant officials. (La. 54.) 
 Salaries of clerks and employees of different department- of state 
 
 to be fixed by law. (Ark. XVI 4.) 
 Compensation of legally authorized deputies and assistants to be 
 
 fixed and provided by law. (Ky. 246.) 
 Compensation of clerks and assistants to be as prescribed by law. 
 
 (Okla. Sched. 17.) 
 Disqualifications, See belov, this title, Qualifications am. Disquali- 
 fications.
 
 1142 State Constitutions 
 
 PUBLIC OFFICERS [Cont'd) 
 Dual <>i m e Holding 
 
 Sec also Distribution of Powers. 
 
 For ineligibility to legislature, and prohibition of member of legisla- 
 ture holding other office, See Legislature; for ineligibility of par- 
 ticular officers or classes of officers, See the specific title. 
 
 In General 
 
 Legislature may declare what offices incompatible. (Pa. XII 2; 
 
 Wyo. VI Elec. 7.) 
 
 No person to hold at same time more than one lucrative office; 
 
 but offices in militia not having salary not deemed lucrative, 
 
 and counties of under 1,000 polls may confer office of clerk, 
 
 recorder and auditor, or any two, on same person. (Ind. II 
 
 9.) 
 
 No person to hold or exercise at same time more than one office 
 
 of trust or profit, except that of justice of the peace or notary 
 
 public. (La. 170.) 
 No person to hoid more than one lucrative office at same time 
 except as in constitution expressly permitted; but officers in 
 militia to which no annual salary attached, and office of post- 
 master where compensation not over $100 not to be deemed 
 
 lucrative. (Ore. II 10.) 
 
 No person to hold two offices of honor or profit at same time 
 
 (not applicable to officers in militia or notaries public). (S.C. 
 
 II 2.) 
 No person in state to hold more than one lucrative office at 
 same time (not applicable to appointment in militia or to 
 office of justice of peace). (Tenn. II 26.) 
 No person to hold at same time more than one civil office of 
 emolument, except tnat of justice of peace, county commis- 
 sioner, notary public and postmaster, unless otherwise pro- 
 vided in constitution. (Tex. XVI 40.) 
 
 Office in This State 
 
 See also above, this subdivision, In General. 
 Prohibited in case of offices of profit under this state except 
 justices of the peace, constables, notaries public and commis- 
 sioners of deeds. (Ala. XVII 280.) 
 No person to hold or perform duties of more than one office in 
 same department of government at same time except as 
 expressly provided by constitution, but militia officers, officers 
 f public schools and notaries may be elected to fill any execu- 
 tive or judicial office. (Ark. XIX 6, 26.) 
 No person to hold at same time more than one of following 
 secretary of state, attorney-general, insurance corn- 
 slate treasurer, auditor of accounts, prothonotary, 
 clerk of the peace, register of wills, recorder, sheriff or coroner. 
 
 (Del. Ill 11.) 
 
 i person to hold or perform functions of more than one office 
 
 ' of this state at same time (but notaries
 
 I.\I)KX JJlGEST 114:3 
 
 PUBLIC OFFICERS {Cont'd) 
 
 Dual Office Holding (Cont'd) 
 Office in This State (Cont'd) 
 
 public, militia ollic.ers, county school officers and commissioners 
 of deeds may be elected to fill any legislative, executive or 
 
 judicial officer). (Fla. XVI 15.) 
 No person (except notary public and officers of militia) at same 
 time to be state officer or a deputy officer, and an officer or 
 employee of municipality. (Ky. 165.) 
 No person to hold at same time more than one of following 
 offices: justice of highest court or any inferior court, attorney- 
 general, county attorney, treasurer, adjutant-general, judge 
 of probate, register of probate, register of deeds, sheriffs or 
 deputies, clerks of courts. (Me. IX 2.) 
 No person to hold at same time more than one olficc of profit 
 created by constitution or laws of this state. (Md. D. R. 35.) 
 No person to hold at same time within this state more than 
 one of the following offices: judge of probate, sheriff, register 
 of probate, register of deeds, or more than two oilices by ap- 
 pointment of governor, or governor and council, or senate, 
 or lower house, or by election of people of state or of county 
 (except military offices and office of justice of the peace). 
 
 (Mass. Ft. II Ch. VI 2.) 
 
 Acceptance of office in either of legislative, executive or judicial 
 
 departments "shall of itself and at once" vacate office held 
 
 by person so accepting in either of other departments. (Miss. 
 
 I 2.) 
 
 In cities or counties of over 200,000 no person to hold state and 
 
 municipal office; not applicable to notaries public, justices of 
 
 the peace or militia officers. (Mo. IX 18.) 
 
 Officers of executive department ineligible to other state office 
 
 during period for which elected. (Nebr. V 2.) 
 No person to exercise at same time more than one of the follow- 
 ing offices within the state: judge of probate, sheriff, register 
 of deeds, or more than two offices of profit held by appoint- 
 ment of governor, or governor and council, or legislature, or 
 superior or inferior courts (military offices and offices of 
 justices of peace excepted). (X.I I. 11 93.) 
 Person holding office or place of trust or profit under state not 
 to hold office or place of trust or profit under authority of 
 state (not applicable to officers in militia, justifies of the peace, 
 commissioners of public charities or commissioners for special 
 
 purposes). (X.C. XIV 7.) 
 Salary or compensation not payable to officer or agent holding 
 at the same time office or position of honor, trusf or profit 
 under this state, except as prescribed in constitution. (Tex 
 
 XVI 33.) 
 No person to hold at same time more than one of following offices: 
 governor, lieutenant-governor, justice of highest court, treas- 
 urer member of legislature, surveyor-general or sheriff. (Vt. 
 
 II 50.)
 
 U44 STAT] ' UNSTITUTIOXS 
 
 PUBLIC OFFICERS (Cont'd) 
 Dual Offn e Holding (Contf 
 
 Office in This State (Cont'd) 
 
 No person tu exereise at same time powers of more than one 
 of legislative, executive and judicial departments, but jus- 
 tices oi the peace are eligible to legislature. (W.Va. V 1.) 
 United States Office 
 
 Ste also above, this subdivision, I>~ General. 
 Person holding office of profit under United States, except post- 
 masters whose salaries not over $200, ineligible to office of 
 profit under this state. (Ala. XVII 280.) 
 Person holding lucrative office under United States (except 
 faeelns in militia without annual salary, local officers, or post- 
 masters whose salaries not over $500) ineligible to civil office 
 (if profit under this state. (Cal. IV 20.) 
 Member of congress or person holding office under United States, 
 except " officers usually appointed " by courts " respectively " 
 ami attorneys, ineligible to " office of profit under this state", 
 pt judges ad litem. (Del. Ill 11, IV IS.) 
 Person holding office under government of United States not to 
 hold office of honor or profit under government of this state. 
 
 (Fla. XVI 15.) 
 
 Person holding office of honor or profit under government of 
 
 United States, except postmasters whose salaries not over 
 
 $300', ineligible to office of honor or profit under authority of 
 
 this state. (111. IV 3.) 
 
 Member of congress or person holding office of trust or profit 
 
 under United States, ineligible to office of trust or profit under 
 
 constitution or laws. (Ky. 237.) 
 
 Member of congress or person holding office of trust or profit 
 
 under United States ineligible to office of trust or profit under 
 
 state. (La. 164.) 
 Person holding office of honor or profit either in his own right 
 or as deputy, or otherwise acting for or in name or by au- 
 thority of another, under government of United States, not to 
 hold office of honor or profit under laws or authority of state, 
 except notaries, commissioners of deeds and United States 
 
 commissioners. (Miss. XIV 266.) 
 
 holding office of profit under United States not to hold 
 
 art same time office of profit under this state. (Mo. XIV 4.) 
 
 Person hoMrtfg lucrative office under government of United States 
 
 ?ept postmasters whose compensation not over $500 and 
 
 commissioners of deeds) ineligible to civil office of profit under 
 
 state. (Nev. IV 9.) 
 i holding office or place of trust or profit under United 
 or any department, thereof not to hold office or place 
 or profit under authority of state (not applicable to 
 i militia, justices of the peace, commissioners of pub- 
 licities or commissioners for special purposes). (X.C. 
 
 XIV 7.)
 
 l.VDKX I )l<;r;*T ] I 
 
 PUBLIC OFFICERS {Cont'd) 
 
 Dual Office Holding (Cont'd) 
 United States Office (Cont'd) 
 
 Member of congress from slate or person hofeiug office of profit 
 or trust under laws of I Hit i-< 1 State* n»1 t . . held office of tj 
 or profit under law-, of this State. M>lda. 11 12.) 
 Member of congress from this state ot person holding office or 
 appointment of trust or profit under United States ineligible 
 to office in state to which salary, fees or perquisites are at- 
 tached. ( Pa. XII 2.) 
 Person holding office under government of United States not to 
 act as ''general" officer unless at time of taking oath he lias 
 
 resigned Bach office. (K.I. IX <;.) 
 
 Member of congress, or person holding office of profit or trust 
 
 under United States ineligible to office of profit or trusl under 
 
 this state. (Tex. XVI 12.) 
 
 Salary or compensation not payable to officer or agent holding 
 
 at same time office ot position of honor, trust or profit under 
 
 United States, except as provided in constitution. (Tex. XVI 
 
 33.) 
 Person holding office under United States government not to 
 
 hold office under state government. (Utah Yll '23.) 
 Person holding office of profit or trust under authority of (.in- 
 gress ineligible to executive office under this state. ( Yt. II 50.) 
 Member of congress or person holding office of profit or trust 
 under United States (postmasters excepted) ineligible to office 
 of trust, prorit or honor in this state. (\Yis. XIII 3.) 
 Member of congress from this state or person holding office, or 
 appointment of trust or profit under United States ineligible 
 to office in state to which salary, fees or perquisites are at- 
 tached. (\Yyo. YI Elections 7.) 
 Office Outside State 
 
 See also above, this suhrfiri.sion, In General. 
 Person holding lucrative office under any power (except officers 
 in the militia without annual salary, local officers, or po 
 masters whose compensation not over $500) ineligible to civil 
 office of profit, under this state. (t'nl. IV 20.) 
 Person holding office under the state not to accept office or title 
 
 from any king, prince or foreign state. (Del. I 10.) 
 Person holding office under any foreign government or under 
 any other state not to hold office of honor or profit under gov- 
 ernment of this state. (Fla, XVI 15.) 
 Person holding office of honor or profit under any foreign 
 ernment ineligible to office uf honor or profit under authority 
 
 of this state. (111. IV 3.) 
 Person holding office of trust or profit under any state or for- 
 eign power, ineligible to office of trust or profit under con 
 
 tut ion or laws. (Ky. 237.) 
 
 Person holding office of trust or profit under any state or foreign 
 
 power ineligible to office of trust or profit under state. (La. 
 
 lot.)
 
 114t; State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Dial Office Holding (Cont'd) 
 Office Outside State (Cont'd) 
 
 Person holding office of honor or profit either in his own right 
 ur as deputy, or otherwise acting for or in the name or by 
 the authority of another, under foreign government, not to 
 hold office of honor or profit under laws or authority of state, 
 except notaries, commissioners of deeds and United States 
 
 commissioners. (Miss. XIV 266.) 
 
 Person holding lucrative office under government of any other 
 
 power (except postmasters whose compensation not over $500 
 
 and commissioners of deeds) ineligible to civil office of profit 
 
 under state. (Xev. IV 9.) 
 
 Person holding office or place of trust or profit under other state 
 
 or government not to hold office or place of trust or profit 
 
 under authority of state (not applicable to officers in militia, 
 
 justices of the peace, commissioners of public charities or 
 
 commissioners for special purposes). (X.C. XIV 7.) 
 
 Person holding office of trust or profit under laws of other state 
 
 not to hold office of trust or profit under laws of this state. 
 
 (Okla. II 12.) 
 Person holding office under government of any other state or 
 country not to act as " general " officer unless at time of tak- 
 ing oath he has resigned such office. If " general " officer ac- 
 cepts appointment under any other government his office under 
 state to be vacated. (Xot applicable to persons appointed to 
 take depositions or acknowledgment of deeds or other legal 
 instruments by authority of any other state or country.) (R.I. 
 
 1X6.) 
 Person holding office of profit or trust under other state or for- 
 eign power ineligible to office of profit or trust under this 
 
 state. (Tex. XVI 12.) 
 
 Person holding office of profit or trust under any foreign power 
 
 ineligible to office of trust, honor or profit in this state. (Wis. 
 
 XIII 3.) 
 Election 
 
 As to whether elected or appointed, if method not prescribed in con- 
 stitution, See beloio, this title, Selection. 
 
 list of officers elected by the legislature, See Legislatube. 
 As to a particular officer or class of officers, See the specific title. 
 As to elections generally, See Elections. 
 For a list of officers appointed by governor, See Governor. 
 N r 
 •If t ure not to employ any one in name of state, unless author- 
 ized by pre-existing law. (Tex. Ill 44.) 
 I. : VBL1 -ii Ml vi OF ' i! PI( 
 
 a below, this title, Selection. 
 Appointments, See above, this title, Appointment. 
 Election, ST< • Ei e< tions. 
 
 ire to have no power to create permanent state office not 
 ly provided for by constitution. (Ark. XIX 9.)
 
 Index Digest 1147 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Establishment of Offices (Cont'd) 
 
 No executive state office (other than governor, lieutenant-governor, 
 secretary of state, auditor, treasurer, superintendent of public 
 instruction, attorney-general, commissioner of public lands and 
 buildings, which are provided for in constitution) to be continued 
 or created, and duties of other existing officers to be performed 
 
 by above. (Nebr. V 1, 26.) 
 Legislature may provide for such state officers (other than secretary 
 of state, auditor, treasurer and superintendent of public instruc- 
 tion, who are provided for in constitution) as are deemed neces- 
 sary. (Wyo. IV 11.) 
 No bill creating or establishing a new office 1" '»■ pa 1 except by 
 vote of majority of all members elected to each house by yeas and 
 nays and names of members entered on journal. (Va. IV 50.) 
 Bill for creation of lucrative office not to be introduced after tenth 
 day prior to expiration of session, except by unanimous consent of 
 
 the house. (N.M. IV 19.) 
 Number of clerks and employees of different departments of state to 
 
 be fixed by law. (Ark. XVI 4.) 
 For inspection, weighing, etc., See Inspection. 
 
 Expenses, See above, this title, Compensation. 
 
 Fees and Emoluments 
 
 See also above, this title, Compensation. 
 
 Prohibition on Receiving 
 
 See also above, this title, Compensation-— Extra. 
 State officers (except notaries public) to be paid fixed and definite 
 salaries and not to receive fees for their own use. (Ariz. 
 
 XXII 17.) 
 Officer whose salary fixed by constitution not to be allowed fees 
 or perquisites of office except as otherwise provided in consti- 
 tution. (La. 180.) 
 
 Compensation, fees, allowance, or emoluments other than salary 
 prohibited in case of officers of state. (N.M. XX !>.) 
 
 Fees, perquisites or compensation other than salary, not to be 
 received to own use by state officer named in constitution whose 
 salary is not fixed by constitution. (N.Y. X !'.) 
 
 State officers not to receive fee as counsel, agent or attorney in 
 prosecution of claim against state. (Ore. XV 7.) 
 
 State officers to receive compensation fixed by law, in full for all 
 services rendered in official capacity or employment during 
 term of office; state officers not to receive fees for performance 
 of official duties; all state officers (except notaries public 
 boards of arbitration, court commissioners) to be paid fixed 
 and definite salaries. (Utah VII 20, XXI 1.) 
 
 Wilful receipt of greater fees than law allows to disqualify from 
 holding office in stale, until restored by law. (Vt. 11 .">7.> 
 
 State officers except notaries public, boards of arbitration and 
 court commissioners, to be paid fixed and definite Balaries. 
 
 (Wyo. XIV 1.)
 
 1J4> - \M C( INSTITUTIONS 
 
 PUBLIC OFFICERS (Cont'd i 
 
 mi Emoluments i Cont'd) 
 Regulation by Law 
 
 - ..t officer^ in state to be fixed by legislature, and no greater 
 Salary or fee than that fixed by law to be paid to any officer, 
 emplovee <>r other person or at any rate other than par value. 
 
 (Ark. XVI 4.) 
 Legislature by uniform law to regulate fees of state officers so as 
 to reduce to reasonable compensation for services actually ren- 
 dered ; counties may be classified by population into not more 
 
 than three classes. (111. X 12.) 
 Legislature to provide what fees shall be collected by officers 
 
 within state. (Utah XXI 2.) 
 Fees, costs and charges not to be regulated by law not applicable 
 
 to all counties in state. (Miss. IV 91.) 
 Fees, commissions or allowances not to be regulated by law not 
 applicable to all counties (this provision not applicable to 
 Jefferson county). (Ala. IV 96, Amend, of 1912.) 
 Fees not to be affected by local or special law. (Cal. IV 25.) 
 Fees of state officers not to be regulated by local or special law. 
 
 (Fla. Ill 20.) 
 
 Local or special law in relation to fees prohibited but laws may 
 
 grade compensation in proportion to population and services 
 
 required. (Ind. IV 22.) 
 Creation by Special Law 
 
 See also above, this subdivision, Regulation by Law. 
 Fees or emoluments not to be created by private, local or 
 
 special law. (Miss. IV 90.) 
 
 Fees, percentages or allowances not to be created by private, 
 
 local or special law. (Ala. IV 104; Colo. V 25; Ky. 59; 
 
 Mont. V 26; X.M. IV 24; N.D. II 69; Wyo. Ill 27.) 
 
 Pero ntage or allowance not to be created during term for which 
 
 elected or appointed, by private, local or special law. (X.J. 
 
 IV Sec. VII 11.) 
 
 l-'e, >g, percentages or allowances not to be created during term 
 
 for which electee! or appointed, by private, local or special 
 
 law. (Ida. Ill 19; 111. IV 22; Nebr. Ill 15; S.D. Ill 23; 
 
 Utah VI 26.) 
 Same; unless bill or amendment reported by commissioners to 
 
 revise statutes. (N.Y. Ill 18, 23.) 
 
 . percentages or allowances not to be, or authorized to be, 
 
 created during term for which elected or appointed, by private, 
 
 local or special law. (Va. IV 63.) 
 Maximum Amount of Fees and Compensation, See above, this title, 
 
 SAXION -r- INCREASE OR DECREASE. 
 
 Expenses, Bet above, litis title, Compensation. 
 
 :ra Compensation or Allowance, Sec above, this title, Compensa- 
 tion.
 
 I>di:\ l)n,i>r 1149 
 
 PUBLIC OFFICERS (Conf.h 
 
 Fees and Emoluments [Cont'd) 
 
 Giving Receipt for 
 
 Officer not to receive fees wit hunt giving receipt, if required, 
 
 specifying every item and charge, (l)t-l. XV 2.) 
 
 Time for Collection 
 
 Of fees, percentages or allowances nut to be extended by local 
 
 T ~ or special law. (Kv. 59.) 
 
 Increase or Decrease 
 
 In General 
 
 Fees, percentages or allowances not to be increased or de- 
 creased by private, local or special law. (Ala. IV 104; 
 Colo. V 25; Ky. 59; Mont. V 26; X..M. IV 24; X.l). [1 
 
 69; Wyo. Ill 27.) 
 Fees or emoluments not to be increased or decreased by 
 local, private or special law. (Miss. i\" 9 
 After Election or Appointment 
 
 Emoluments not to be increased or decreased after election 
 or appointment. (Colo. V 30; Mont. V 31; Pa. Ill 13; 
 
 Wyo. Ill 32.) 
 
 Emoluments «ot to be changed after election ur appointment 
 
 unless by law passed prior to election or appointment. 
 
 (Okla. XXI II 10.) 
 Emoluments not to be diminished after election or appoint- 
 ment. (Del. XV 4.) 
 During Term of Office 
 
 Legislature not to increase or decrease fees during term of 
 office (not applicable to allowances for feeding, guarding 
 or transferring prisoners). (Ala. IV 68.) 
 Increase of fees of state officers prohibited during term. 
 
 (Mo. XIV 8.) 
 
 Emoluments not to be changed during term of office, unless 
 
 by law passed prior to election or appointment. (Okla. 
 
 XXIII 10.) 
 During Term for Which Elected or Appoint''! 
 
 Fees not to be increased or decreased during term for which 
 elected or appointed, in case of civil office t<i profit under 
 
 state. (Ala. XVI] 281.) 
 Percentage or allowance not to be increased or decreased 
 during term for which elected or appointed, by local, 
 private or special law. (X..T. IV Sec, VII 11.) 
 Fees, percentages or allowances not to be increased or 
 decreased during term for which elected or appointed, by 
 local, private or special law. (Tda. Ill 1!>; 111. IV 22; 
 Nebr. Ill 15; S.D. Ill 23; It ah VI 26 
 Same; unless bill or amendment reported by commissioners 
 
 to revise statutes. (X.V. Ill 18, 23.) 
 
 Fees, percentages or allowances not to 1>e. ur authorized to 
 
 be, increased or decreased during term fur which elected 
 
 or appointed, by lucal. private ur special law. (Va. IV 63.)
 
 1 i ;,i i State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Fees and Emoluments (Cont'd) 
 Accounting for 
 
 (//.so above, this title, Accounts. 
 Officers of state not to receive for salary, fees and perquisites 
 more than $5,000 net profits per annum in par funds, and all 
 sums in excess of this amount to be paid into state treasury 
 
 as prescribed by law. (Ark. XIX 23.) 
 Every person elected or appointed to office in state, paid in 
 whole or in part by fees, to be required by law to make semi- 
 annual report under oath to officer designated by law, of all 
 
 fees and emoluments. (111. X 13.) 
 Holders of office created by or existing under constitution or 
 laws of state (except justices of the peace, constables and 
 coroners), or persons holding appointment under any court 
 of state, whose pay or compensation is derived from fees or 
 money coming into their hands for discharge of official duties, 
 or connected with office, shall keep book in which shall be 
 entered every sum of money received as payment or compensa- 
 tion for performance of official duties; copy of such entries 
 verified by oath of officer to be returned yearly to comptroller 
 for his inspection and that of legislature, to which comptroller 
 shall at each regular session make reports showing what 
 officers have complied with this provision; when amounts 
 received by "any officer for the year exceed sum fixed by law 
 as salary or compensation, and for expenses, he shall annually 
 pay to treasurer such excess, subject to such disposition as 
 legislature may direct; if officer fails to comply for thirty 
 days after expiration of each year of his office, governor shall 
 declare office vacant and vacancy to be filled as in other cases 
 of vacancy, and officer to be subject to suit by state. (Md. 
 
 XV 1.) 
 Fees payable by law for services performed by officer of executive 
 department to be paid into treasury in advance. (Nebr. V 24.) 
 Fees fixed by law for performance of official duty by state officer 
 to be collected in advance and deposited quarterly with treas- 
 urer to credit of state; state officers required by law to keep 
 account of all fees collected and pay same into treasury, and 
 officer whose duty it is to collect the fees to be responsible 
 therefore under his bond. (Utah VII 20, XXI 2.) 
 State officers to be required by law to keep account of fees 
 collected and to pay them into treasury when collected and to 
 be responsible under bond for neglect to collect. ( Wyo. XIV 2.) 
 I in' slties or Judgments Against 
 
 Not to be remitted by law. (KM. IV 25.) 
 Fri.i i"\ i:s, etc. 
 
 Railroad or other transportation company or corporation not to 
 
 or sell tickets or passes at a discount other than 
 
 Bold to public generally, to member of legislature or any 
 
 (.Hir.r exercising judicial functions under laws of state; and if
 
 Index Digest 1151 
 
 PUBLIC OFFICERS (Cont'd) 
 Free Passes, Etc. (Cont'd) 
 
 such member or officer receives pass or ticket for himself or pro- 
 cures it for another, to be guilty of misdemeanor and fined nol 
 over $500 and, at discretion of court, imprisoned not exceeding 
 six months and, on conviction, subject to impeachment and re- 
 moval from office; courts to charge grand juries specially and 
 when evidence sufficient to authorize indictment grand jury musl 
 present true bill; court in county through which member or 
 officer transported by use of prohibited pass or ticket to have 
 jurisdiction of case, but only one prosecution for same offense; 
 but successive prosecutions may be had for different uses of same 
 pass or tickets (not to prevent member of legislature who is 
 bona fide employee at time of election from accepting or procuring 
 for himself or another not member of legislature or officer exer- 
 cising judicial functions, a free pass over railroads or other 
 transportation company or corporation by which he is employed). 
 
 (Ala. XII 244.) 
 Unlawful for person holding public office in state to accept or use 
 pass or purchase transportation from railroad or other corpora- 
 tion other than as may be purchased by general public. Not 
 applicable to members of national guard traveling under orders. 
 
 (Ariz. IV Pt. II 23.) 
 
 Legislature to prevent by law granting of free passes by railroad or 
 
 transportation company to legislative, executive or judicial officer 
 
 of Mate. (Ark. XVII 7.) 
 No railroad or other transportation company to grant free passes 
 or passes or tickets at discount to person holding office of honor, 
 trust or profit in state, and acceptance of such pass or ticket by 
 member of legislature or public officer, other than railroad com- 
 missioner, shall work forfeiture of office. (Cal. XII 19.) 
 Transportation company or common carrier not to grant free pass 
 or discount fare paid by public generally to member of legislature 
 or salaried officer of state, and legislature to enforce by suitable 
 
 penalties. (Fla. XVI 31.) 
 
 No railroad, steamboat or other common carrier, under penaltj 
 
 fixed by law, to give free pass or sell tickets at reduced rates not 
 
 common to public, to state officer or member of legislature or 
 
 judge, and any such person accepting or using free pass, etc.. to 
 
 forfeit office, (Ky. L97.) 
 No member of legislature or public officer to ask, demand, accept, 
 receive or consent to receive for own use or benefit, or for use or 
 benefit of another any* free pass, free transportation, franking 
 privilege or discrimination in passenger, telegraph or telephone 
 rates from any person, or make use of same for himself or in 
 conjunction with another. Violation forfeits office at suit of 
 attorney-general or district attorney and to be subject to further 
 penalty prescribed by law; penalties on corporation or officer for 
 giving; testimony may be compelled, with immunity from civil 
 or criminal prosecution. (La. 101.)
 
 1152 State < oxmhttioxs 
 
 PUBLIC OFFICERS (Cont'd) 
 
 . e Passes, Etc. (Cont'd) 
 
 railroad or other transportation company shall grant free passes 
 at tieketa, or. passes or tickets at discount, to members of legis- 
 lature or members of board of equalization, or any state officer; 
 acceptance to be forfeiture of oilice. (Mo. XII 24.) 
 
 nation company to grant free passes or tickets or pass 
 
 tickets at discount, to members of legislature or any state 
 
 officers ! railroad commissioners. (Miss. VII 188.) 
 
 • riior. member of state board of equalization, or of corporation 
 
 ii, judge of holiest or district court, district attorney, 
 
 during term ot' oilice not to accept, hold or use free pass or 
 
 purchase, cecewre oar accept transportation over railroad within 
 
 :c. for himself or family on terms not open to general public, 
 
 and person convicted of violation to forfeit office, be guilty of 
 
 felony and on conviction punished by fine of not more than $1,000 
 
 or by imprisonment in penitentiary not less than one or more 
 
 than five years. (N.M. XX 14.) 
 No public offices or person elected or appointed to public office 
 under laws of state shall ask, demand, accept, receive or consent 
 to receive for use or benefit of himself or of another, any free 
 pass, free transportation, franking privilege or discrimination in 
 passenger, telegraph or telephone rates, or make use of same 
 himself or in conjunction with another; violation to be mis- 
 demeanor and office forfeited at suit of attorney -general. Corpora- 
 tion or its agent offering or promising such pass, etc., to be guilty 
 of misdemeanor and liable to punishment; testimony of person 
 giving pass, etc., may be compelled with immunity from prosecu- 
 tion. (N.Y. XIII 5.) 
 Oath of office of member of legislature and of judicial, state and 
 comity officers to contain promise not to receive, use or travel on 
 free pass or free transportation during term of office. (OKla. 
 
 XV 1.) 
 No transportation or transmission company doing business in state 
 to gran* to member of legislature or to state officer (except to 
 ibers and officers of state corporation commission for personal 
 ■ while in office) any frank, free pass, free transportation or 
 t<- or reduction in rates charged to general public for like 
 •rvices. Offending company punished by law and member of 
 legislature or officer who, while in office, accepts any gift, privi- 
 lege op benefit prohibited; shall forfeit office and be subject to 
 other penalties prescribed by law. (Va. XII 161.) 
 
 &oIding public office in state not to accept or use pass or 
 rchase fcransportatidri from corporation except as may be pur- 
 chased by general public; (Wash. TI 39.) 
 
 transportation company hot to grant) free passes or sell 
 ot passes a1 a discount other than as sold to public gen- 
 to any member of legislature or person holding public 
 office in state. (Wash. XII 20.)
 
 ] M)i:.\ I >IGEST 1 I 53 
 
 PUBLIC OFFICERS (Cont'd) 
 Free Passes, Etc. (Cont'd) 
 
 If incumbent of office or position under constitution 01 laws (excepl 
 railroad commissioner and his deputy in discharge of duty) a 
 or accepts free pass or frank or privilege withheld from an\ 
 person, for traveling accommodation or transportation of any 
 person or property or transmission of message or communication, 
 his office shall become vacant. (Wis. Mil 11.) 
 Hereditary Offices 
 
 See also Hereditary Distinctions. 
 No office or place to be hereditary. (X.II. I 9.) 
 Declared to be absurd and unnatural. (Mass. Pt. I G.) 
 Offices of magistrate, legislator or judge ought not to be hereditary. 
 
 (Va. I 4.) 
 Hours of Labor, See Labor — Public Work. 
 Impeachment, See Impeachment. 
 
 Invalid Acts, See belof, this title, Unauthobized ob Invalid Acts. 
 Investigation of 
 
 Governor, except during session of legislature, to examine into con- 
 dition and administration of public offices. (Mich. IX 7.) 
 Governor, at any time, may appoint committee to investigate and 
 report to him on condition of executive office or state institutions. 
 (Ida. IV S; Mont. VII 10; Utah VII 5.) 
 Grand jury in each county at least once a year to investigate 
 official acts of officers having charge of public funds, and report 
 in writing to court. (Mo. XIV 11.) 
 Orders, votes and resolutions of both houses relating to, not to 
 require signature of governor. (Miss. IV 60.) 
 Liabilities to State 
 
 See also below, this title, Misconduct in Office. 
 On bond, See above, this title, Bonds. 
 
 No public officer to be released from debt or liability due state. 
 
 (WAa. VI- 38.) 
 Fines, penalties or judgments against, not to be remitted by law. 
 
 (X.M. IV 25.) 
 Libel of, See Libel and Slander. 
 Misconduct in Office 
 
 Bribery, See above, this title. Bribery. 
 
 Corrupt Solicitation, See above, this title, Cobbupt Solicitation. 
 Deductions from Salary for, See above, this title, Compensation'. 
 As Disqualification, See below, this title, Qualifications and Dis- 
 qualifications. 
 Impeachment for, See Impeachment. 
 Lobbying 
 
 State officer, during term of office, not to accept any fee, money, 
 office, appointment, employment, reward of tbing of value. 
 personal advantage or promise thereof to lobby for or against 
 measure pending before legislature, or to give or withhold his 
 influence to secure passage or defeat of any stub measure. 
 
 (Ala. IV 101.) 
 
 37
 
 ±154 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Misconduct in Office (Cont'd) 
 
 Prohibition of Legalizing Invalid Acts, See below, this title, Unau- 
 thorized and Invalid Acts. 
 
 Public Moneys, Misuse of 
 
 Duty of governor to suspend alleged defaulting state and county 
 treasurers and defaulting tax collectors pending investigation 
 of accounts and to make temporary appointments to fill offices 
 during investigations. Legislature to provide for enforcement 
 
 of this provision. (Miss. V 125.) 
 When governor notified by affidavit that officer having custody 
 of public or trust funds is probably guilty of embezzlement, he 
 shall direct immediate prosecution by proper officers and on 
 indictment governor shall suspend him and appoint successor 
 until acquitted by jury. In case of conviction office to be 
 declared vacant and vacancy filled as provided by law. (S.C. 
 
 IV 22.) 
 
 Legislature may provide for suspension of public officials charged 
 
 with collection of public money when they fail to account. 
 
 (La. 182.) 
 Breaches of trust and duty by custodians of public funds, legis- 
 lature to provide for investigation, and for suspension from 
 office on reasonable cause shown and for appointment of tem- 
 porary incumbents. (Tex. IV 25.) 
 Legislature to provide for punishment of embezzlement or defal- 
 cation of public moneys as a felony. (Cal. IV 21; Nev. IV 10.) 
 Legislature to pass laws for making embezzlement of public 
 money a felony, punishment by fine and imprisonment pro- 
 portioned in amount to deficiency or embezzlement. (S.C. 
 
 X 12.) 
 If officer or person charged with safe-keeping, transfer or dis- 
 bursement of state and school funds or any part thereof, con- 
 verts to his own use or loans with or without interest, or 
 deposits in his own name, or otherwise than in the name of 
 the state, or deposits in banks or with any person, or exchanges 
 for other funds or property, any portion of such funds, except 
 in manner prescribed by law, to be guilty of embezzlement and 
 of a felony, and failure to pay over, produce or account for 
 said school funds or any part thereof entrusted to him, as 
 by law required on demand, to be prima facie evidence of 
 
 embezzlement. (Minn. IX 12.) 
 
 ''' hibition of imprisonment for debt arising out of or founded 
 
 on breach of contract, not to apply to cases of moneys collected 
 
 by public officers. (Mich. II 20.) 
 Public Moneys, Making Profit Out of 
 
 Making of profit out of public moneys or using same for pur- 
 poses not authorized by law to be felony and punished as 
 provided by law. (Mont. XII 14; Utah XIII 8.)
 
 I M)i:.\ ] >!(.! -I 1 1 55 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Misconduct in Office (Cont'd) 
 
 Public Moneys, Making Profit Out of [Con I'd) 
 
 Making of profit out of public money ur using sam< for pur- 
 poses not authorized 1 » \ law by offici r of state to be punished 
 as provided by law. (Ark. \\ 1 3j Pa, IX 14.) 
 
 Making of profit out of public moneys or using same for pur- 
 pose not authorize'] by law. by public officer, to be felon; and 
 punished as prescribed by law. (N.M. VIII 4, 1914.) 
 
 Making of profit out of public money, or using ii for purpose 
 not authorized by law, by officers having possession or control 
 of it, to be felony and prosecuted and punished as provided by 
 
 law. (Cal. XI 17; Wash. XI 14.) 
 
 Making of profit out of state, county, city, town or scl 1 dis- 
 trict money or using the same for purposes rto1 authorized by 
 law by public officer to be felony and punished as provided by 
 law. (Colo. X 13; Ida. VII 10; S.D. XI 11.) 
 
 Making of profit out of state, county, city, town or Bchool dis- 
 trict money or other public fund or using the same for. pur- 
 poses not authorized by law by public .nicer to be felony and 
 punished as provided by law. (Wyo. XV 8.) 
 
 Receiving by officer of state of interest, profit or perquisite from 
 use or loan of public funds in hands ,>•• money- to I"- raised 
 through his agency for state or county purposes, to be felony 
 and punishable as prescribed by law. (Ga. VII Sec. IX 1.) 
 
 Receiving by officer of state of interest. profH or perquisite 
 arising from use or loan of public funds in h\- bands or 
 moneys to be raised through his agency for state, city, town, 
 district or county purposes, to be felony and punished as pre- 
 scribed by law. (Ky. 173: Okla. X 11.) 
 Prosecution for 
 
 Civil officers (except governor, lieutenant-governor, secretary of 
 state, comptroller, treasurer, attorney-general, surveyor-general, 
 chief justice and assistant justices of supreme court, judges 
 of district court of appeals and judges of superior courts) to 
 be tried for misdemeanor in office as legislature may provide. 
 
 (Cal. IV IS.) 
 
 Civil officers (except governor, judges of the highest court and 
 district courts and other state officers) to be tried for mis- 
 conduct and malfeasance in office as legislature may provide. 
 
 (Iowa III 20.) 
 
 For wilful neglect of duty or misdemeanor in office liable to 
 presentment or indictment by grand jury, and upon conviction 
 removed from office and otherwise punished as prescribed by 
 
 law. (Miss. VI 17.".. i 
 
 Incompetency, corruption, malfeasance or delinquency in office 
 may be tried in same manner as criminal offenses and judg- 
 ment may be of dismissal from office and further punishment 
 
 as prescribed by law. (Ore. VII 6.)
 
 11. State Constitutions 
 
 PUBLIC OFFICERS [Cont'd) 
 
 Mis< oxdu< i i.n Office ( Cont'd) 
 Prosecution for [Cont'd) 
 
 Civil officers I other than governor, judges of highest court, judges 
 of interior courts, chancellors, attorneys for state, treasurer, 
 
 c ptroller and secretary of state) liable to indictment for 
 
 crimes and misdemeanors in office in such courts as legislature 
 may direct and on conviction shall be removed from office by 
 court as if found guilty of impeachment, and subject to other 
 punishment as prescribed by law. (Tenn. V 5.) 
 Recall for, See Recall of Public Officers. 
 Removal for, See below, this title, Removal. 
 
 Oath of Office 
 
 See also below, this tifle, Qualifying of. 
 Of Whom Required 
 
 All officers. (Ky. 22S; La, 161; X.C. VI 7; S.C. Ill 26; Tex. 
 
 XVI 1.) 
 Every person elected or appointed to office. (Iowa XI 5; X.M. 
 
 XX 1; W.Va. IV 5.) 
 
 Officers elected or appointed to office in state except judges and 
 
 members of legislature (as to exceptions, S-ee "Legislature" 
 
 and "Courts — Judges"), (Miss. XIV 268.) 
 
 Every person chosen or appointed to office under state. (Ohio 
 
 XV 7.) 
 Every person elected or appointed to office under constitution. 
 
 (Ind. XV 4; Ore. XV 3.) 
 Officers made elective or appointive by constitution or laws in 
 
 pursuance thereof. (Utah IV 10.) 
 
 Every person chosen or appointed to office of trust or profit 
 
 under constitution or law made in pursuance thereof. (Tenn. 
 
 X 1.) 
 livery person elected or appointed to office in state except in- 
 ferior offices exempted by law. (S. D. XXI 3.) 
 Persons elected or appointed to places or offices provided in con- 
 stitution, and persons elected, appointed or commissioned to 
 office under state. (Me. IX 1.) 
 Slate officers. (Kan. II 7; Okla. XV 1; Pa. VII 1; Wyo. VI 
 
 Elections 8.) 
 Officers of state. (Fla. XVI 2.) 
 
 Executive officers. (Ala. XVI 279; Conn. X 1; Xebr. XIV 1; 
 
 Va. II 34.) 
 Executive officers, except inferior officers exempted by law. (Cal. 
 
 XX 3; Del. XIV; X.V. XIII 1; Wis. IV 28.) 
 Executive officers, except such as may be exempted by law. 
 
 (Mich. XVI 2.) 
 Executive officers in authority under state, except such as may 
 be exempted by legislature. (Vt. II 52.) 
 
 utive and ministerial officers. (Mont, XIX 1; Xev. XV 2 
 
 1914.)
 
 I MUX I )k.i.>t 1 1 5 i 
 
 PUBLIC OFFICERS [Cont'd) 
 Oath of Office (Cont'd) 
 
 Of Whom Required (Cont'd) 
 
 Civil officers, except members pf legislature and such inferior 
 officers as may be exempted by law. (As to membei •■/ legis- 
 lature, See ." Legislature". (Colo. Ml 8; ill. VV25.) 
 
 Civil and military officers. (Ark. X I \ 20.) 
 
 Civil and military officers under authority of state. (Mo. XIV 
 
 6.) 
 
 Officers created by Art. V (governor, lieutenant-governor, s< 
 tary of state, auditor, treasurer., attorney-general, state li- 
 brarian, notaries public). (Minn. V 8.) 
 
 In Massachusetts, governor, lieutenant-governor, councillors, mem- 
 bers of legislature and persons " appointed ox commissioned " 
 to any office under government, to lake oath to perform duties 
 (Ft. II Ch. VI 1) ; and every person " chosen or appointed " to 
 civil or military office under government, to take oath of al- 
 legiance to state and to support constitution of state 
 (Amend. VI) ; but legislature may prescribe forms of oaths 
 and affirmations for civil and military officers of the state 
 
 (Pt. II Ch. I Sec. I 4). 
 
 In New Hampshire, governor, councillors, members of legislature 
 and military or civil officers, except town officers, to take oath 
 of allegiance to state and oath to support constitution of state 
 and to perform duties of office Ml 83); bui legislature may 
 prescribe forms of oaths and affirmations for civil and military 
 
 officers of state (II 5) . 
 
 In Rhode Island, "general" officers to take oath of allegiance 
 to state and to perform duties faithfully I l\ 3) ; and ihe\ as 
 well as all civil and military officers to lake oath to support 
 constitution of state and of United States I IX 4). 
 Contents 
 
 Support constitution of United Slates and of state. (Ala. XVI 
 279; Ark. XIX 20; Cal. XX 3; Colo. XII 8; Conn. X 1 •. Del. 
 XIV; Fla, XVI 2; 111. V 25; Ind. XV 4; Iowa XI 5; Kan. II 
 7; Ky. 228; La. 161; Me. TX 1: Md. I 6; Midi. XVI 2; Minn. 
 V 8; Miss. XIV 268; Mo. XIV ti : Mont. XIX I ; Nebr. XIV 1 ; 
 Nev. XV 2 (1914); N.M. XX 1; N.Y. XIII 1; X.C. VI 7: 
 Ohio XV 7; Okla. XV 1; Ore. XV 3; Pa. VII 1; ILL IX 4; 
 S.C. Ill 26; S.D. XXI 3: Tenn. X 1: Tex. XVI 1: Utah IV 10; 
 Vt. II 52; Va. II 34; YV.Va. IV 5; Vis. | V 28; Wyo. VI 
 
 Elections B.) 
 
 Support constitution of state. (Mass. Amend. VI ; X.II. II 
 
 Allegiance to state. (Ky. 228; Md. I 6; Mass. Amend. VI; 
 Nev. XV 2 (1914) ; K.II. II 83; Vt. II 52.) 
 
 Allegiance to state (for "genera! " officers). (L.I. IX 3.) 
 
 Support laws of state. (Fla. XV] 2; La. 161; Md. 1 6; Miss. 
 XIV 268; Nev. XV 2 (1914) : N.M. XX 1; XV. VI 7.) 
 
 S'.ipport laws of United Stales. (Fla. XVI :.' ; La. 161: Miss. 
 XTV 268; Nev. XV 'J (1914) ; XV. V! 7.)
 
 1158 State Constitutions 
 
 PUBLIC OFFICERS {Cont'd) 
 Oath of Office (Cont'd) 
 Contents {Cont'd) 
 
 Qualified to hold office. (Fla. XVI 2; Miss. XIV 268; S.C. Ill 
 
 26.) 
 Perform duties faithfully. (Ala, XVI 279; Ark. XIX 20; Cal. 
 XX 3; Colo. XII 8; Conn. X 1; Del. XIV; Fla. XVI 2; 111. V 
 25; Ind. XV 4; Iowa XI 5; Kan. II 7; Ky. 228; La. 161; Me. 
 IX 1; Md. I 6; Mass. Pt. II Ch. VI 1; Mich. XVI 2; Minn. 
 V 8; Miss. XIV 268; Mo. XIV 6; Mont. XIX 1; Xebr. XIV 
 1; Xev. XV 2 (1914) ; N.H. II 83; N.M. XX 1; N.Y. XIII 1; 
 N.C. VI 7; Ohio XV 7; Okla. XV 1; Ore. XVI 3; Pa. VII 1; 
 S.C. Ill 26; S.D. XXI 3; Tenn. X 1; Tex. XVI 1; Utah IV 
 10; Vt. II 52; Va. II 34; W.Va. IV 5; Wis. IV 28; Wyo. VI 
 
 Elections 8.) 
 
 Perform duties faithfully (for "general" officers). (R.I. IX 3.) 
 
 Have not bribed to secure office. (Mont. XIX 1; Xebr. XIV 1; 
 
 Okla. XV 1; Pa. VII 1; Tex. XVI 1; Wyo. VI Elections S.) 
 
 Have not bribed to secure office (for elective officers). (Del. 
 
 XIV; N.Y. XIII 1.) 
 Will not receive bribe. (Mont. XIX 1; Xebr. XIV 1; Okla. XV 
 
 1; Pa. VII 1; Wyo. VI Elections 8.) 
 Have not violated election laws. (Mont. XIX 1; Okla. XV 1; 
 
 Pa. VII 1; Wyo. VI Elections 8.) 
 Have not engaged in dueling. (S.C. Ill 26; Tex. XVI 1.) 
 Have not engaged in dueling, unless pardoned after five years. 
 
 (Ky. 228, 240.) 
 Will not engage in dueling. (S.C. Ill 26.) 
 Will not receive free pass. (Okla. XV 1.) 
 
 In Massachusetts, governor, lieutenant-governor, councillors, mem- 
 bers of legislature, and persons " appointed or commissioned " 
 to any office under government, to take oath to perform duties 
 (Pt. II Ch. VI 1) ; and every person " chosen or appointed " to 
 civil or military office under government, to take oath of al- 
 legiance to state and to support constitution of state (Amend. 
 VI) ; but legislature may prescribe forms of oaths and affirma- 
 tions for civil and military officers of the state. (Pt. II Ch. 
 
 I Sec. I 4.) 
 In New Hampshire, governor, councillors, members of legislature 
 and military or civil officers, except town officers, to take oath 
 of allegiance to state and oath to support constitution of state 
 and to perform duties of office (II 83) ; but legislature may 
 prescribe forms of oaths and affirmations for civil and military 
 
 officers of state (II 5). 
 
 In Rhode Island, "general " officers to take oath of allegiance to 
 
 state and to perform duties faithfully (IX 3); and they as 
 
 well aa all civil and military officers to take oath to support 
 
 constitution of state and of United States (IX 4).
 
 !m>i\ Digest 1159 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Oath of Office (Cont'd) 
 
 Affirmation Allowed 
 
 Generally allowed, except as listed below. (For citations, Bee 
 
 under preceding subhead "CONTENTS "). 
 
 Must "take oath". (Tenn. X 1.) 
 
 For Quakers. (Mass. Pt. II Ch. VI I, Amend. 8.) 
 
 For Quakers and "persons scrupulous of swearing". I X.I!. IT 
 
 83 ) 
 Exclusiveness of Oath Prescribed by Constitution 
 
 Legislature not to prescribe any other than one prescribed in 
 
 constitution. (Md. D.Ii. 37.) 
 
 No other to be required than one prescribed in constitution. 
 
 (111. V ir,- \v.\ a. IV 5.) 
 
 No other than one prescribed in constitution to be required fur 
 any office or trust. (Mont. XIX 1.) 
 
 No other than one prescribed in constitution to he required 
 for any office or public trust, (Cal. XX 3; Mich. XVI 2 : XI). 
 
 XYIi 211.) 
 
 No other than one prescribed in constitution to In' required for 
 any office of public trust. (Del. XIV; X.V. XIII 1.) 
 
 No other than oath of allegiance and of office prescribed in con- 
 stitution to be required of governor, lieutenant-governor, coun- 
 cillor or member of legislature. I Mass. Amend. VI!.) 
 
 No political test other than oath to support constitution of 
 
 United States and of state to be required for office or public 
 
 trust under state. (Tenn. I 4.) 
 Administration 
 
 By person authorized to administer oaths. (Ala. XVI 279; 
 
 Okla. XV 2; Pa. VII 1; Wyo. VI Elections 0.) 
 By any judge or justice of the peace until legislature otherwise 
 
 directs. (Wis. XIV 15.) 
 To officers (except governor, councillors and members of legis- 
 lature) in manner prescribed by law. (Me. IX 1.) 
 To officers (except governor and members of legislature) in man- 
 ner prescribed by law. (N.H. IT 84.) 
 To officers (except governor, lieutenant-governor, councillors and 
 members of legislature) in manner prescribed by law. I Mass. 
 
 Pt. TI Ch. VI 1.) 
 
 Officer elected or appointed in pursuance of the provisions of 
 
 constitution may qualify according to existing provisions of 
 
 law in relation to officers under present constitution or before 
 
 erovernor or before am clerk of court of record. (Md. XV 10. | 
 
 Filing 
 
 Filed by officers of executive department in office of secretary of 
 
 -tate. (Colo. XIT 9.) 
 
 Filed by state officers and judges of highest court in office of 
 
 secretary of state ami by other judicial and county officers in 
 
 office of clerk of county in which taken. (Okla. XV 2; Pa. 
 
 VIT 1: Wyo. VI 1 Elections 9.)
 
 1160 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Oath op Office (Cont'd) 
 Filing (Cont'd) 
 
 Filed with county clerk of county in which elected, except in case 
 of officers of executive department and judges of highest and 
 district courts and district attorneys. (Colo. XII 9.) 
 If officer qualifies out of county in which he resides, official copy 
 of oath to be filed and recorded in clerk's office of circuit court 
 of county of residence or in clerk's office of superior court of 
 Baltimore if he resides there. (Md. XV 10.) 
 Failure to Take 
 
 Forfeits office. (Md. I 7; Xebr. XIV 1 ; Okla. XV 2; Pa. VII 1; 
 
 Wyo. VI Elections 9.) 
 Effect of Falsity or Violation 
 
 False oath or violation of oath to be perjury, and on conviction 
 
 to disqualify from holding office of trust or profit in state. 
 
 (Okla. XV 2; Pa. VII 1; Wyo. VI Elections 9.) 
 
 False swearing or violation forfeits office and disqualifies from 
 
 holding office of profit or trust in state unless restored to 
 
 civil rights. (Nebr. XIV 1.) 
 Conviction of violation of, disqualifies for holding " office of 
 
 profit or trust in this state". (Md. I 7.) 
 Kecall for violation of, See Recall of Public Officers. 
 
 Passes, See above, this title, Free Passes, etc. 
 Pensions, See Pensions. 
 Powers and Duties 
 
 To be defined by law. (Miss. IV 103.) 
 
 Legislature to prescribe by general law, for public officers and 
 
 agents, if not provided for in constitution. (W.Va. IV 8.) 
 Legislature to fix powers and duties of all state officers not other- 
 wise provided for by constitution. (Fla. Ill 27.) 
 Of civil and military officers of state, legislature to prescribe. (Mass. 
 
 Pt. II Ch. I Sec. I 4; X.H. II 5.) 
 
 Officers provided by law and constitution in whom executive authority 
 
 of state vested to perform duties designated in constitution or 
 
 prescribed by law.' (Okla. VI 1.) 
 Civil officers to be conservators of the peace and be vested with ample 
 
 power as such by law. (Miss. VI 167.) 
 
 Jurisdiction and duties of any class of officers, except municipal 
 
 officers, not to be regulated by local or special laws. ( Fla. Ill 20. ) 
 
 No person to be exempted, relieved or discharged by special law 
 
 from duties or services imposed by general law. (Tex. XVI 43.) 
 
 No person to be exempted from civil duty by local, private or special 
 
 law. (Ala. IV 104; Miss. IV 90:) 
 Person elected or appointed to office or employment of trust or 
 profit under laws of state, to give personal attention to duties of 
 
 office. (Okla. II 11.) 
 Prohibition of legalizing invalid acts, See below, this title. Unau- 
 thorized or Invalid Acts.
 
 lm-i.x LUGES i J t ; 1 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Powers and Dim, /-,/, 
 
 Nonperformance of duties as diaqualificatio) 
 
 Qualifications ami Disqiai.h km „, n p Dl 
 
 Presents 
 
 "Person in public trust" not to receive fi 
 
 or from United States or any stale, will I con 
 
 Public Contracts, Interest in, 
 Qualifications and Disquauficatio 
 Accounting for Public Moneys 
 See also below, this sv 
 
 Collector or holder of public monej or assistant 01 deputj in- 
 eligible to office of trust or profit until hi I for 
 
 all 
 Person convicted of embezzlement or defalcation of publ 
 
 of United States or of any state or of any county, 01 munici- 
 pality therein, ineligible to office of honor, tn 
 
 under this state. (C*l l\ 21 
 Collector or receiver of public tnonej or hia deputj 
 ineligible to office of trust or profit in the state under tit.- lavri 
 thereof until he has accounted for all sum-. (Colo. Ml 
 Holder of public money contrary to law. ineligible 
 
 state until he has accounted for all sums. i<;a. II Se< l\ 
 Collector or holder of public money- ineligible t" office of ] 
 or trust in state unless he has accounted for all I 111. 
 
 IV I: I.. u.i II! 
 Collector or ladder of public moneys Ineligible to ofl 
 
 or profit until he has accounted for all sums. (Ind. II 1"; 
 
 II 11 i 
 
 Collector of taxes or person entrusted with public mi 
 
 ble to office of honor. iru-t pr profil undi 
 
 until he has obtained discharge, i La. 182 
 Collector, receiver or holder of public money ineligible I 
 
 of profit or trust under this state until he has ■ for 
 
 all -urn-. (Md. Ill 12.) 
 Collector, receiver or ladder or public money, oi i 
 
 deputy, ineligible to office of trusl or profit in 
 
 laws thereof until he has accounted for all sum-. I Mo. I I 
 Collector, holder or disburser of public moneys ineligible 
 
 of trust or profit under this state until be h- 
 
 all sum-. Mi< h N 
 
 Person liable as principal for public moms- untceoui 
 ineligible to office of profit or trust until he hat 
 
 all -um- Miss !\ 
 
 Collector or custodian of public uwnej or prop 
 default ineligible to office of trust or profit undei 
 
 or lav.
 
 1162 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 Accounting for Public Moneys (Cont'd) 
 
 Collector or holder of public money ineligible to office under 
 state government until be has accounted for all sums. (Tenn. 
 
 II 25.) 
 Collector of taxes or holder of public moneys ineligible to office 
 of profit or trust under state government until he obtains dis- 
 charge. (Tex. Ill 20.) 
 Collector or holder of public money ineligible to office of honor, 
 trust or profit in state until he has accounted for all sums. 
 
 (W.Va. VI 14.) 
 Defaulter to United States, this state, or county or town therein, 
 or state or territory within United States, ineligible to office 
 of trust, profit or honor in this state. (Wis. XIII 3.) 
 
 Anarchistic Doctrines as Disqualification 
 
 Person belonging to organization Avhich teaches or advises that 
 laws of state prescribing rules of civil conduct are not supreme 
 law of state, ineligible to civil office. (Ida. VI 3.) 
 
 Bribery as Disqualification 
 
 See also beloiv, this subdivision, Corrupt Solicitation as Dis- 
 qualification. 
 See also below, this subdivision, Elections, Offenses Concern- 
 ing as Disqualification. 
 Conviction bars from office of trust or profit in state. (Ala. IV 
 
 60; Ark. V 8, III 6.) 
 Conviction of giving or offering bribe to procure election or ap- 
 pointment, to bar from office of profit in this state, and laws to 
 be made to exclude from office persons convicted of bribery. 
 
 (Cal. XX 10, 11.) 
 Conviction of bribery or solicitation of bribery bars from office 
 
 of trust or profit in the state. (Colo. XII 4.) 
 Conviction bars from office of trust, honor or profit under this 
 
 state. (Del. II 21.) 
 
 Laws to be made to exclude from civil or military office of honor, 
 
 power, trust or profit in state persons convicted of. (Fla. VI 
 
 5.) 
 Conviction bars from office, or appointment of honor or trust in 
 
 state, unless pardoned. (Ga. II Sec. II 1.) 
 Conviction of selling or purchasing vote bars from civil office 
 
 unless restored to rights of citizenship. (Ida. VI 3.) 
 Conviction bars from office of trust or profit in state. (111. IV 
 
 4.) 
 
 Person who gives or offers bribe, threat or reward to procure 
 
 own election, barred from office during term for which elected. 
 
 (Ind. II 6.) 
 Person who gives or offers bribe to procure own election disquali- 
 fied from holding office during term for which elected; person 
 guilty of giving or receiving bribe or offering to give or re-
 
 I mux DlGESl 11< 
 
 PUBLIC OFFICERS [QonV 
 
 QUALIFICATIONS AND DlSQl \l.n |. m ,. 
 Bribery as Disqualification (Cont'd) 
 
 ceive bribe ■'"' ' Id office in state until dii 
 
 by law passed bj vote of two-thi 
 houses of legislature, i Kan. \ 
 Conviction of briber] to procure own - 
 of school trustees and i I 
 bars from office of tmsl or profll 
 
 Convict imi bars from anj ofl 
 
 If any person gives or offers to give bri 
 ward, or promise, 01 security, foi | 
 money or any other thing to induo 
 cast Lng vote or prevent him from 1 
 or if any person receives the Bame bi h J 
 be disqualified from holding office • 
 latnre may remove disqualification from I 
 to place penalties foi purchase of votes on 1 
 Person convicted of bribing or attempt 
 or judicial officer of Btate or men 
 or of municipal corporation in state, 01 
 such corporation, in order to influence him 11 
 official duties, and any such officer or n 
 demanding or receiving bribe, fee or reward, 01 
 performance of official duties oi for neglecl 
 same, disqualified from holding offi 
 
 1 \!d. I 3, III 
 
 Conviction of bribery or corruption in obi 
 
 pointment bars from office of 1 1 1 1 — t or import 
 government of this state. (Mass. Pt. II Ch. VI 
 
 Legislature may exclude from beii 
 
 Conviction bars from office of profll »nvi< 
 
 giving or offering bribe to secure office for Inn 
 other person liars from office of truai ' undei 
 
 Conviction of giving or offering bribe to 1 
 pointment. or of receiving bribe to aid in procurcit 
 for other person, liars from office of pn 
 
 Conviction bars from office under constitution 
 viction of bribery or corruption in obtaining 1 
 pointment bars from office of hum ot importance m 
 
 government. (N.I I. I 11, 1 1 I 
 Legislature may exclude from being el< 
 
 Person who gives or offers bribe, thr< 
 cur e own election, barred from ofl
 
 1164 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 Bribery as Disqualification (Cont'd) 
 
 Conviction bars from office of trust or profit in state; person 
 convicted of offering, giving or promising money or thing of 
 value, testimonial, privilege or personal advantage to execu- 
 tive or judicial officer or member of legislature to influence 
 him in performance of public or official duties, to be disquali- 
 fied from holding office or position of honor, trust or profit 
 in state; person guilty of bribery while a candidate for office 
 to be disqualified from holding office of profit or trust in state. 
 
 (Pa. II 7, III 32, VIII 9.) 
 
 Conviction of offering or procuring the offer of bribe to secure 
 
 his election or election of other person to disqualify guilty 
 
 party from holding any office to which he has been elected. 
 
 (E.I. IX 2.) 
 Person who bribes to be elected, ineligible for six years to office 
 
 for which elected. (Tenn. X 3.) 
 Conviction of giving or offering bribe to procure election or ap- 
 pointment, to bar from office of profit in this state, and laws 
 to be made to exclude from office persons convicted of bribery. 
 
 (Tex. XVI 2, 5.) 
 Person who bribes to be elected, ineligible to serve for ensuing 
 
 year. (Vt, II 51.) 
 Conviction to disqualify from position of honor, trust or profit 
 
 in state. (Wash. II 30.) 
 Person convicted of bribing or attempting to bribe any executive 
 or judicial officer of state or member of legislature in order to 
 influence him in performance of official or public duties, or any 
 such officers or members convicted of demanding or receiving 
 from corporation, company or association any money, testi- 
 monial or oilier valuable thing for performance of official or 
 public duties or for refusing or failing to perform them, or for 
 giving or withholding vote or influence as member of legisla- 
 ture, to be disqualified from holding office or position of honor, 
 trust or profit in state, (W.Va. VI 45.) 
 Person convicted of offering or giving or promising any money 
 or thing of value, testimonial, privilege or personal advantage 
 to executive or judicial officer or member of legislature to in- 
 fluence him in performance of official duties, to be disqualified 
 from holding office or position of honor, trust or profit in 
 
 state. (Wyo. Ill 43, 44.) 
 Charitable Institutions, Residence in, as Disqualification 
 
 Inmates of charitable institutions, except Soldiers' Home, in- 
 eligible to office or appointment of honor, trust or profit in 
 
 state. (La. 202.) 
 Citizenship 
 
 Chinese or persons of Mongolian descent not born in L T nited 
 States ineligible to civil office. (Ida. VI 3.) 
 
 Alien not to be elected or appointed to any civil or military 
 office in this state. (111. VII 6; Mo. VIII 12.)
 
 ____^^ I.M'I ■ • I' 
 
 PUBLIC OFFICERS [Cont'd) 
 
 Qualifications ami Disqi m n,, u 
 Citizenship (Cont'd) 
 
 No person eligible to si i 
 
 No person elected or nominated to civi 
 
 who is not citizen of I nited Stat 
 No person except United 81 
 
 No person except citizens eligible I 
 Corrupt Solicitation as Disqualification 
 See also above, this si 
 See also below, this subdivision El 
 
 Conviction Inns from offii 
 
 in state. (Pa. Ill 32; Wya ill il.» 
 Conviction bars from position of I 
 
 II 
 Dual Office Holding, Bee above, thi 
 
 Dueling as Disqualification 
 
 Bars from office of tmsl or profit. (Ind. II 
 
 Bars from office in Mate (Colo. Ml 12 
 
 I 
 Bars from office of honoT or trust in 
 Bars from office of honor or profil n P 
 
 Bars from office in slate for period of 
 Giving or accepting challenge bars from ofl 
 in state, unless pardoned bj governoi 
 
 Bv citizen of state bars from office unde 
 
 By citizen of state bars from office undi 
 
 By citizen of state bars from office of profit 
 
 By citizen of state bars from office of p 
 
 unless relieved by legislature, (Md. Ill 
 Bv citizen of state bars fn m • 
 
 By citizen of state bars from • 
 
 Conviction of resident of Btal 
 
 pardoned. 
 
 Bv inhabitant of state bai 
 
 lav 
 
 Laws to be made to exclude from civil 
 nower trust or profil ii
 
 1106 State Constitutions 
 
 PUBLIC OFFICERS {Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 Educational 
 
 Ability to read, write, speak and understand the English language 
 
 sufficiently well to conduct duties of office without aid of 
 
 interpreter, required for state officers. (Ariz. XX S.) 
 
 No person eligible to office under constitution of this state who 
 
 is not able to read the constitution in English and write his 
 
 name; but this provision not applicable to person physically 
 
 disabled from complying with it; nor to person "who now 
 
 has the right to vote"; nor to any person who is sixty years 
 
 or oyer at the time amendment takes effect. (Mass. Amend. 
 
 XX (1S57); Me. Amend. XXIX (1893).) 
 
 No person eligible to office under constitution of this state who 
 
 is not able to read ^he constitution in English, and to write; 
 
 but this provision not applicable to person physically disabled 
 
 from complying with it, nor to any person "who now has a 
 
 right to vote ", nor any person who is sixty years or over on 
 
 January 1, 1904. (N.H. I 11.) 
 Eight of citizen to hold office not to be restricted, abridged or 
 impaired on account of inability to speak, read or write 
 English or Spanish languages, except as otherwise provided in 
 constitution. This provision not to be amended except on vote 
 of people in an election at which at least three-fourths of 
 electors voting in state and at least two-thirds of those voting 
 in each county shall vote for such amendment. (N.M. VII 3.) 
 Elections, Offenses Concerning, as Disqualification 
 
 See also above, this subdivision, Biubery as Disqualification. 
 See also above, this subdivision, Corrupt Solicitation as Dis- 
 qualification. 
 Conviction of wilful and corrupt violation of election law of 
 state to disqualify from holding office of trust or profit in 
 
 state. (Ark. Ill 0.) 
 
 Laws to be made to exclude from civil or military office of honor, 
 
 power, trust or profit in state persons convicted of bets on 
 
 elections. (Fla. VI 5.) 
 Persons giving or causing to be given illegal vote knowing it to 
 be such, shall, on conviction, be disqualified from holding office 
 of profit or trust; but legislature may remove penalty from 
 vote seller so as to place it on vote buyer alone. (Md. I 3.) 
 Conviction of wilful violation of election laws of state or United 
 States bars from office under constitution of this state. (N.H. 
 
 I 11.) 
 
 Conviction of fraud or wilful violation of election law while 
 
 candidate for office bars from office of trust or profit in state. 
 
 (Pa. VIII 9.) 
 Conviction of crime against elective franchise bars from office in 
 
 state unless restored to civil rights. (Utah IV 6.) 
 Legislature may provide that conviction of violation of election 
 laws shall bar from holding office. (Va. II 36.)
 
 Index Digesi 
 
 PUBLIC OFFICERS (Cont'd) 
 
 QUALmCATIONS \M> DlSQXTAIJFICATK 
 
 Electoral 
 
 No person except qualified elector to 
 
 No person exoepl qualified elector to be 
 
 (La. 210; Wash. Ill 26; W.Va. I\ 
 No person exoepl qualified elector to I"- • 
 
 office in state. (Ohio \\ i . : i 
 
 No person excepl qualified elector to be ■ 
 
 office of trust or profit under authority 
 No person except qualified el» toi to 
 
 civil or militarj office in Btate. (< olo. VII 6; Wy< \ I 
 . 
 
 No person eligible to civil office es epl 
 
 unless he is qualified elector for Buch offio 
 No person to be elected to or appointed to till a 
 
 office who does not possess qualifications ol ai 
 
 Every qualified elector to be eligible to ofl I » 
 
 M. \ II 
 Every person qualified to vote to be eligibli 
 
 II 
 Every qualified elector to be eligible to anj 
 unless disqualified by age as prescribed in 
 
 II 
 Person qualified to vote eligible to offi 
 district where he has resided thirt] '1 
 
 (Minn \ H 
 Any person qualified to vote at general eli 
 officers to be eligible to office in Btate excepl 
 vided in constitution, and subject to additional qua! 
 prescribed by legislature for offices hereafter 
 
 l\ 
 
 Exception as to women, See below, tl 
 Equality of 
 
 "Inhabitants" of state, having qualificatioi 
 stitution have equal right to I" for pub 
 
 Person is "inhabitant "' in town, difltricf or \ 
 he dwells or has his home. (Mass. Pt. I ". I" II ' b. I 
 
 II 
 
 Right of office holding no! to be withheld from anj i 
 of United States bj reason oi color or pre\ 
 
 servitude. 
 
 Inhabitants of state bavin- proper qualil 
 right to be elected int.. offi* 
 
 Darish and plantation where he dwells and has b 
 1 111. 11 
 
 Right of citizens of state to hold i 
 abridged or impaired on accounl ol i
 
 1168 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Qualifications axd Disqualifications (Cont'd) 
 Equality of (Cont'd) 
 
 except as otherwise provided in constitution. This provision 
 not to be amended except on vote of people in an election at 
 which at least three-fourths of electors voting in state and 
 at least two-thirds of those voting in each county shall vote 
 for such amendment. (N.M. VII 3.) 
 Every inhabitant of state possessing qualifications provided for 
 in constitution shall have equal right to be elected to public 
 
 office. (S.C. I 10.) 
 Freemen having sufficient, evident, common interest with, and 
 attachment to the community, have a right to be elected into 
 office, agreeably to constitution. (Vt. I S.) 
 
 Felony as Disqualification 
 
 Conviction bars from civil office unless restored to rights of 
 
 citizenship. (Ida. VI 3.) 
 Person convicted of felony, unless restored to civil rights, not 
 to hold office in state unless disability removed by law passed 
 by vote of two-thirds of all members of both houses of legis- 
 lature. (Kan. V 2.) 
 Conviction bars from office unless pardoned by governor. (Ky. 
 
 150.) 
 Conviction bars from office unless restored to civil rights. (Nebr. 
 
 XIV 2.) 
 Conviction or confession on indictment pending, whether sen- 
 tenced or not, or under judgment suspended, since becoming 
 United States citizen, bars from office unless restored to rights 
 of citizenship in manner prescribed by law. (N.C. VI 8.) 
 
 Forgery as Disqualification 
 
 Conviction bars from office of trust or profit in state. (Ark. 
 
 V S.) 
 Laws to be made to exclude from office persons convicted of. 
 
 ( Cal. XX 11; Tex. XVI 2. ) 
 Fraud as Disqualification 
 
 Person guilty of defrauding government of United States or of 
 
 any state not to hold office in state until disability removed 
 
 by law passed by vote of two-thirds of all members of both 
 
 houses of legislature. (Kan. V 2.) 
 
 While candidate for office bars from office of trust or profit in 
 
 state. (Pa. VIII 9.) 
 Guardianship as Disqualification 
 
 Person under guardianship not permitted to hold civil office. 
 
 (Ida. VI 3.) 
 
 Person under guardianship not to hold office in state unless 
 
 disability removed by law passed by vote of two-thirds of all 
 
 members of both houses of legislature. (Kan. V 2.) 
 
 Interdicted persons ineligible to office or appointment of honor, 
 
 trust or profit in state. (La. 202.)
 
 Im.ia Di< 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Qualifications \m» Disqi u rri< \r\ 
 High Crimes as Disqualification 
 
 Laws to be made to exclude f i 
 
 High Misdemeanor as Disqualification 
 
 Conviction of such hif_'li mi-. I 
 law bars from office ui 
 Impeachment as Disqualification, 
 
 Imprisonment as Disqualification 
 Person who a1 I ime of eleci ion 
 
 of criminal offense ineligibli to civil 
 Persons actually confined in public prison im 
 appointment of honor, tru 
 
 Infamous Crime as Disqualification 
 
 See also particular eri/rm s throughout 
 Conviction bars from office of profll oj 
 Conviction bars from office of trust "i profll in i 
 
 [V 60; Ark. V 8; [11. IV 1; Pa, II 
 Conviction 'oars from office of trust, I 
 
 Conviction in court of United St ati 
 
 profit or honor in this state. (Wis. Ml 
 Conviction bars from civil office unli 
 
 It i 1 
 
 Conviction or confession on indictment ; 
 tenced or not. or under judgmei 
 punishment may be imprisonment in ; 
 ing United states citizen, bars from ■ 
 rights of citizenship as prescribed bj V I ! 
 
 Conviction of crime involving moral turpil 
 laws of state with imprisonment in 
 office, or appointment of ftonoi 
 
 Person convicted of crime punishable 
 tentiary and not afterward pardoned 
 of franchise, ineligible to office or ap] 
 
 Laws to be made to exclude from civil 
 power, trust or profit in ataU | 
 
 Legislature may exclude froi 
 
 victed of. (Minn. [V 15; 
 Legislature may rendei meligiDU |» 
 
 Insanitv as Disqualification 
 Person who is idiol ■ i.
 
 1170 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 Insanity as Disqualification (Cont'd) 
 
 Idiots and insane persons not to hold office, or appointment of 
 
 honor or trust in state. (Ga. II Sec. II 1.) 
 Person non compos mentis or insane not to hold office in state 
 unless disability removed by law passed by vote of two-thirds 
 of all members of both houses of legislature. (Kan. V 2.) 
 Persons notoriously insane or idiotic, whether interdicted or not, 
 ineligible to office or appointment of honor, trust or profit in 
 
 state. (La. 202.) 
 No idiot or insane person eligible to office in state unless restored 
 
 to civil rights. (Utah IV 6.) 
 Interest in Public Contracts, See Public Contracts. 
 Larceny as Disqualification 
 
 Conviction bars from office, or appointment of honor or trust in 
 
 state, unless pardoned. (Ga. II Sec. II 1.) 
 Laws to be made to exclude from civil or military office of 
 honor, power, trust or profit in state persons convicted of. 
 
 (Fla. VI 5.) 
 Misconduct as Disqualification 
 
 For particular crimes, See throughout this subdivision. 
 
 Laws to be made to exclude from office persons convicted of 
 
 malfeasance in office. (Cal. XX 11.) 
 Conviction of malfeasance in office bars from office, or appoint- 
 ment of honor or trust in state, unless pardoned. (Ga. II 
 
 Sec. II 1.) 
 Presiding officer of either house of legislature refusing to sign 
 bill which has passed both houses, ineligible to hold office of 
 honor or profit in the state. (Minn. IV 21.) 
 Conviction or confession of malpractice or corruption in office on 
 indictment pending, whether sentenced or not, or under judg- 
 ment suspended, bars from office unless restored to rights of 
 citizenship in manner prescribed by law. (N.C. VI 8.) 
 If prisoner taken from state, county or municipal officer through 
 his negligence, permission or connivance, by mob, has suffered 
 bodily violence or death, officer on conviction shall, unless 
 pardoned by governor, be ineligible to hold office of trust or 
 
 profit in state. (S.C. VI 6.) 
 Taking by officer of greater fees than law allows to disqualify 
 from office in state until he is restored by law. (Vt. II 57.) 
 Nonperformance of duties as disqualification, See below, this sub- 
 division, Performance of Duties. 
 Oath of Office, False or Violated, See above, this title, Oath of 
 
 Office. 
 Performance of Duties 
 
 See also above, this subdivision, Misconduct as Disqualifica- 
 tion. 
 No person to hold office or employment of trust or profit under 
 laws of state without devoting personal attention to duties. 
 
 (Colo. XII 2.)
 
 Endi 
 
 PUBLIC OFFICERS I 
 
 Qtaijdficatioxs a.m. Disqualifications 
 Performance of Duties 
 
 - N " i" • 
 
 without devoting p< rsonal 
 
 I Or .!]■; 
 
 under laws 
 without personally 
 
 Person elected .. r appoint* 
 it under la- 
 devoting time to perform 
 
 Perjury as Disqualification 
 I mviction bars from 
 l eviction bar- from 
 
 Conviction bars from 
 
 I nviction of perjury 
 
 of tru-t or profit in tl 
 Legislature may exclude from beii 
 
 Laws to be made to exclude from 
 
 Laws to be made to exclude from civil or milil 
 power, trust or profit in state, i>< 
 
 Polygamy as Disqualification 
 
 Bigamist or polygamist ineligibl< 
 Prior Service in Office as Disqualification 
 Wherever provided that pel 
 than certain number of y< 
 tempore not to be reckoned pari 
 
 Rotation in office in executivi 
 
 securities of permanent freedom". (Md. D.H 
 People have right to return i 
 
 Governor, lieutenant -governor, 
 
 urer. attorney-genera] 
 
 and commissioner of public lands 
 
 consecutive terms, are ineligil 
 
 years thereafter. [N.M. V 1 [1914 
 Officer should " at fixed periods, I 
 
 return into that body" from v 
 
 vacancies be supplied by I 
 
 part of former members to I 
 
 Property 
 
 Propertv qualification no- 
 office." (Cal. I "24: Id I » ' v •
 
 1172 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Qualifications a.vd Pisqtjaufications (Cont'd) 
 Property (Cont'd) 
 
 Property qualification not to be required for office of public trust. 
 
 (Kan. B.R. 7.) 
 
 Legislature may increase qualifications of persons to be elected 
 
 as circumstances of state may require. (Mass. Pt. II Ch. VI 
 
 3.) 
 Xo amount of property shall ever be required as qualification for 
 
 office of public trust under the state. (Minn. I 17.) 
 Ought not to affect right to hold office. (X.C. I 22.) 
 Xo property qualification, unless prescribed in constitution, 
 necessary for election to or holding any office. (S.C. I 11.) 
 Public Moneys, Misuse as Disqualification 
 
 Accounting for Public Moneys, See above, this subdivision, Ac- 
 
 COL'XTIXi; FOR Plblic Moxeys. 
 Moling Profit 
 
 Public officer making profit out of public moneys or using 
 same for purposes not authorized by law. disqualified to 
 hold public office. (X.M. VIII 4 (19141.) 
 If public officer makes profit out of public moneys or uses 
 same for any purposes not authorized by law. to be pun- 
 ished as prescribed by law. part of wbich punishment shall 
 be disqualification to hold office. (Mont. XII 14; Utah 
 
 XIII S.) 
 If officer of state or member or officer of legislature makes 
 a profit out of public moneys or uses the same for purposes 
 not authorized by law. to be punished a- prescribed by law. 
 part of which punishment shall be disqualification to hold 
 office in state for five years. (Ark. XVI 3: Ta. IX 14.) 
 If state or county officer receives interest, profit or perquisite 
 from use or loan of public funds in bands or moneys to 
 be raised through his agency for state or county purposes, 
 to be punished as prescribed by law. part of which punish- 
 ment shall be disqualification to bold office. (Ga. VII 
 
 Sec. IX 1.) 
 If officer of state or of county, city or town, or member or 
 officer of legislature, receives any interest, profit or per- 
 quisite arising from use or loan of public funds in his 
 hands or monc;. - to lie raised through bis agency for state, 
 city, town, district or county purposes, to be punished 
 as prescribed by law. a part of which punishment shall be 
 disqualification to bold office. (Ky. 173; Okla. X 11.) 
 Embezzlement of Public Money 
 
 Conviction bars from office of trust or profit in state. (Ala. 
 
 IV Go: Ark. V 8; Colo. XII 4; Xev. IV 10; Pa. II 7.) 
 Conviction liars from office of trust, honor or profit under 
 
 this state. (Del. TI 21.) 
 Conviction bars from office, or appointment of honor or trust 
 in state, unless pardoned. (Ga. II Sec, II 1.)
 
 I.NDKX DlGKSI 
 
 PUBLIC OFFICERS (Cont'd) 
 Qualifications and Disqi 
 
 Public Moneys, Misuse as Di 
 Wmbi ■- :/< mi ni of Publ 
 
 Conviction bars from en il offl 
 
 ( Conviction bars from oflv e in 
 ( Conviction bars from office of lioi 
 
 but legislature by two-thii 
 
 on payment in full of prii 
 
 Racial 
 
 8 i also above, this svl < 
 
 Indians riol taxed who ha \ i 
 adopted habits of civili 
 
 Ripht of office holding nol to be withheld i- 
 United States bj reasoi 
 
 Right of citizens of state to hold i 
 abridged or impaired on b 
 
 except as otherwise provide ! in con tuti n l 
 not to be amended except 
 which at least three fourths i 
 least two-thirds of those voting ii 
 such amendment. (N.M. VII 
 
 Religious Test 
 
 See also Religion. 
 
 Not fco be required for anj office 01 pul 
 
 Not to be required for public office 
 
 Not to be required for office; but n 
 a God .shall hold office in civil d< | 
 
 II 26, M\ 
 
 Inhabitant of state not to be proliil 
 () ffi,-e or trust on aeqounf of bis rel 
 
 Not to be required for office of trust or | 
 
 Not to be required for office of pi 
 
 Not to be required for office or trusf undi 
 Other than belief in existence of God 
 
 ca9e of any office of profit or trusf in tk 
 
 Constant adherence to principle* ■ 
 3 ary, aad people ought to h 
 
 the clmic,. of their officers. (Mass Pt l 18 I
 
 1174 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 Religious Test (Cont'd) 
 
 Not to be required fur office of public trust under state. (Minn. 
 
 I 17; Wis. I 19.) 
 
 Not to be required for office, but no person who denies existence 
 
 of a Supreme Being to hold office in state. (Miss. Ill 18. XIV 
 
 265.) 
 No person ineligible to office of trust or profit under this state 
 
 on account of religious opinions. (Mo. II 5.) 
 Not to be required for office. (Nebr. I 4; Ohio I 7.) 
 Not to be required for office or public trust. (N.J. I 4.) 
 Right to hold office not to be restricted, abridged or impaired on 
 account of religion, except as otherwise provided in constitu- 
 tion. This provision not to be amended except on vote of 
 people in an election at which at least three-fourths of electors 
 voting in state and at least two-thirds of those voting in each 
 county shall vote for such amendment. (N.M. VII 3.) 
 Person who denies the being of Almighty God disqualified for 
 
 office. (N.C. VI 8.) 
 
 Religious sentiments not to bar from holding " office or place of 
 
 trust or profit " under state, if officer acknowledges the being 
 
 of a God and a future state of rewards and punishments. 
 
 (Pa, I 4.) 
 No man to be disqualified from holding office on account of 
 
 religious belief. (R.I. I 3.) 
 No person who denies existence of a Supreme Being to hold 
 
 office under constitution. (S.C. XVII 4.) 
 Not to be required for office or public trust under state ; but 
 no person who denies the being of God or a future state of 
 rewards or punishments, shall hold office in civil department 
 
 of state. (Tenn. I 4, IX 2.) 
 Legislature not to "prescribe any religious test". (Va. IV 58; 
 
 W.Va. Ill 15.) 
 
 Not to be required for office or public trust in state, and no one 
 
 to be excluded from office on account of religious sentiments, 
 
 if he acknowledges existence of Supreme Being. (Tex. I 4.) 
 
 No person to be incompetent to hold office of trust or profit 
 
 because of opinion on matters of religious belief. (Wyo. I 
 
 18.) 
 Residence 
 
 See also Residence. 
 
 Residence during term, See beloir, this title, Residence. 
 One year in state preceding election or appointment prerequisite 
 to election or appointment to civil or military office in this 
 state. (111. VII 6; Mo. VIII 12; Mont. IX 7.) 
 " Inhabitants " of state, having qualifications provided by con- 
 stitution have equal right to be elected for public employ- 
 ments. Person is " inhabitant " in town, district or planta- 
 tion where he dwells or has his home. (Mass. Pt. I 9, Pt. II 
 
 Ch. I Sec. II 2.)
 
 I.M)i\ Dig] 117 
 
 PUBLIC OFFICERS (Cont'd) 
 
 QVAI.IHc \Hii\S A.M. DlSQI M il ! 
 
 Residence (Cont'd) 
 
 Person qualified to vote eligible to office eh 
 district where he ha 
 
 Inhabitants of Btate having propel qualifh 
 right to be elected into office; 1 
 town, parish and plantation where hi 
 
 Legal resident of Btate 1- qualified to hold 
 
 Every inlial.it ant of Btate :■■ 
 
 in constitution shall have equal righl to 
 
 Every qualified voter eligible to "office of t! 
 county, city, town or other subdivision of tin 
 he resides", unless otherwise provided in 
 applicable to office elective bj peopli if lav 
 
 wiw 1. \ 
 
 Person not deemed to have gained residence bj 
 presence or lost it by reason of absence while in 
 military service of Btate or of United 
 student at any institution of learning, >.r whili 
 expense in poorhouse or asylum or whili 
 
 Same; adds "or while engaged in navigation 
 or of United States or of high Beaa". (Wash. \ I i 
 
 Absence on business of state or I cited 
 residence once obtained. (Tex. XVI 
 Sex 
 
 See also above, this subdivision, l'i 1 ■ rORAL. 
 
 Right of citizens of Mate to hold office nol 1 
 
 abridged on account of sex. (Kan. V 8} \ tab 1\ I ; Wj \ I 
 
 Right of citizens of United Mat.- to hold ofl 
 or abridged by state or political dm- 
 thereof, on account of sex: righl bo hold 1 
 extended to and conferred upon males 
 
 Until otherwise provided by legislature women 1 
 
 fications provided in article VI may h< 
 
 as provided by laws of territi 
 Appointment or election to office of 
 
 male or female persons to be allowed. 1 
 Women twenty-one years and upward and I 
 
 of male voters are eligible to hold anj 
 
 management of Bchools and Libraries Mum. \ l 
 Women eligible to office of countj buj 
 
 anv school district office. (Mont IX 1'
 
 1176 State Coxstitutiox- 
 
 PUBLIC OFFICERS [Cont'd) 
 
 Qualifications axd Disqualifications {Cont'd) 
 Sex [Cont'd) 
 
 Women resident of state four years, twenty years old, eligible 
 to office of state librarian. (Miss. IV 106.) 
 
 Women over twenty-one who have resided in state one year and 
 in county and district six months before election or appoint- 
 ment, eligible to office of superintendent of public instruction, 
 deputy superintendent of public instruction, school trustee 
 
 and notary public. (Xev. XV 3.) 
 
 Women eligible to school office if having qualifications as to 
 age, residence, citizenship. (X.D. V 12S.) 
 
 Women possessing qualifications of male electors may hold office 
 of county school superintendent and of school director or 
 member of a board of education. (N.M. VII 2.) 
 
 Women may hold office of notary public and such other appoint- 
 ive offices as prescribed by law. (X.M. XX 11.) 
 
 Women who are citizens may be appointed to boards of or posi- 
 tions in departments and institutions involving interests or 
 care of women or children. (Ohio XV 4.) 
 
 Women eligible to office of notary public and of county superin- 
 tendent of public instruction. (Oida. Sched. f>.) 
 
 Women twenty-one years and upward eligible to any office of 
 control or management under school laws of state. (Pa. X 3.) 
 
 Women, resident of state two years, twenty-one years old, eli- 
 gible to office of state librarian and departmental clerks. 
 
 (S.C. XVII 1.) 
 
 Women having qualifications for electors as to age, residence 
 and citizenship, may hold any office in state except as other- 
 wise provided in constitution. (S.T). VII 9.) 
 
 Women eighteen years of age to be eligible as notary public. 
 
 (Va. II 32.) 
 Treason as Disqualification 
 
 Conviction bars from office, or appointment of honor or trust 
 in state, unless pardoned. (Ga. II Sec. II 1.) 
 
 Conviction bars from civil office unless restored to rights of 
 
 citizenship. (Ida. VI 3.) 
 
 Conviction bars from office under constitution of state. (X.H. 
 
 I 11.) 
 
 Conviction or confession on indictment pending, whether sen- 
 tenced or not, or under judgment suspended, since becoming 
 United States citizen, bars from office unless restored to rights 
 of citizenship in manner prescribed by law. (X.C. VI 8.) 
 
 Conviction bars from office in slate unless restored to civil 
 
 rights. (Utah IV 6.) 
 
 United States, Rebellion Against, as Disqualification 
 
 Person who has voluntarily borne arms against government of 
 United States or in any manner aided or abetted in attempted 
 overthrow of such government (except persons honorably dis-
 
 I \ I > I \ 1 > I , 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Qtjalifi. moNS and Disqi w.im. m 
 
 United States, Rebellion Against, ..... , 
 
 chajiged from militarj 
 1861, provided (I,, 
 
 not to hold office in Btata until diaabil 
 passed by vote of two-thirds of ..II mei 
 
 United States Service, Discharge from, ., laliflcatl 
 
 Person dishonorably discharged from 
 unless reinstated, no! to hold ofl 
 removed by law passed h> 
 of both houses of Legislal ur< w. •,. \ 
 
 QUALIFYING OF 
 
 Oath of office, Set above, this title, Oath 
 
 If oflicer refuses or neglects t.. qualify within 
 
 law, office to In- vacant. (Colo. Ml I 
 As soon as possible after election, if 
 
 Officer elected or appointed undi 
 
 old constitution or before governor ■■! cl 
 
 If out of county of residence, copj of oatb fill 
 
 Removal 
 
 Disqualification to Hold Office, 8& al 
 
 For Acceptance of Free Passes or Transportation. 
 
 title, I 
 Recall, St e Recall of 1 'i i.i n Offii 
 By Appointing Power 
 
 Appointed offii scepi judges ■; 
 
 intendent of public instruction) maj !»■ • 
 of power by which appointed. [Pa. \ I 
 
 By Governor 
 
 Officers convicted "t' misbehavior in ■ 
 
 Of officers established by const it ul 
 
 ment or election not otherwise provided 
 
 neglect of duty or malfeasant e in 
 Of officer appointed by him, for incompi 
 
 or malfeasance in office. (N.M. \ 
 Of civil officers appointed by tl" 
 
 for incompetency or misconduct. (Md. II 
 Of officers whom he may appoint, for ii 
 
 duty or malfeasance in ..the.-: m 
 
 fill it as provided in othi i 
 Of any officer whom In- maj appoint, 
 
 of duty or malfeasance in ■ : 
 
 vacancies filled a- in othi i
 
 1178 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 Removal {Cont'd) 
 
 By Governor (Cont'd) 
 
 Of officer whom lie may appoint, for incompetency, neglect of 
 duty, gross immorality or malfeasance in office; may declare 
 office vacant and fill it as provided in constitution for other 
 cases of vacancy. ( W.Va. VII 10. ) 
 Of any state officer except legislative or judicial, during recess 
 of legislature, for gross neglect of duty or corrupt conduct, 
 or misfeasance or malfeasance in office. (Mich. IX 7.) 
 If officer fails to account for fees in manner provided in consti- 
 tution governor shall declare office vacant. (Md. XV 1.) 
 Power to suspend, See below, this subdivision, Suspension. 
 
 By Governor with Consent of Senate 
 
 In case of officer not liable to impeachment, for malfeasance, or 
 misfeasance, or neglect of duty in office, or commission of 
 felony, or for drunkenness or incompetency. (Fla. IV 15.) 
 By Governor on Address of Legislature 
 
 In case of any officer (except lieutenant-governor or member 
 of legislature) for reasonable cause, by governor on address 
 of two-thirds of members elected to each house of legislature. 
 
 (Del. Ill 13.) 
 
 In case of elected officers (except governor, lieutenant-governor, 
 members of legislature and judges of courts of record learned 
 in the law) by governor for reasonable cause, on address of 
 two-thirds of senate. (Pa. VI 4.) 
 
 In case of executive or judicial officers for wilful neglect of 
 duty or other reasonable cause, not sufficient ground for 
 impeachment, by governor on address of two-thirds of each 
 house of legislature. ( S.C. XV 4. ) 
 
 By governor with advice of council on address of both branches 
 
 of legislature. (Me. IX 5.) 
 By Legislature 
 
 State officers may be removed for crime, incapacity or negli- 
 gence, by joint resolution of legislature, on two-thirds vote 
 of members elected to each house. (Ind. VI 7.J 
 
 Any officer, except governor or acting governor, may be removed 
 for any reasonable cause, on address of two-thirds of members 
 elected to each house of legislature. (La. 220.) 
 
 Executive officers at seat of government (except lieutenant- 
 governor) may be suspended by governor during recess of 
 legislature for misbehavior, incapacity, neglect of official duty 
 or acts performed without due authority of law; governor 
 to report to legislature at beginning of next session the causes, 
 and legislature to determine whether officer is to be restored 
 
 or removed. (Va. V 73.) 
 By Conviction by Court 
 
 On conviction of wilful neglect of duty or misdemeanor in office 
 to be removed from office. (Miss. VI 175.)
 
 I.M'I \ I >|..l 81 
 
 PUBLIC OFFICERS (Cont'd) 
 Removal [Cont'd] 
 
 By Conviction by Court 1 1 
 
 Office created by constitution to ' 
 
 "Incompetency, corruption, malf< 
 
 may be tried in same tnannei .1- 1 1 iu 
 
 ment may be 0! dismissal from ofl Ore. V! 
 
 Civil officers (other than g< 
 
 judges of inferior courts, chancelloi 
 
 treasurer, comptroller and 
 
 ment for crimes and misde - 
 
 legislature may dm. t and on 1 a shall I 
 
 office by court as if found guilt] 
 
 Person authorized to assess \;>i < 
 
 wilful error in performance of dutj deemed 
 feasance and on conviction forfeits offiot and puniid 
 
 \ idi 
 
 In cases of embezzlemenl \<\ officer lis 
 or trust funds, office to be declared vb 
 filled as prescribed by law. 1 v < . l\ 
 
 Unlawful for person holding office 1 honoi Ll 
 engage in gambling or betting on gai 
 conviction office to become vacant .1- in 1 
 
 Method to Be Prescribed by Law 
 
 Legislature may provide for removal ol 1 
 
 named in article VII of the constitution. I Ma \ll 
 State officers to be removed as prescribed bj I 
 Legislature maj provide for removi I of inferi 
 feasance or nonfeasance in performano 
 
 \in i 
 
 Law to provide for removal of civil ofl 
 and other state and judicial ofl • 
 peace) for malfeasance or nonfe 
 
 duti 
 
 Law to provide for re val of all " 1 
 
 whose power.-, or duties are not local Ol 
 shall be elected a1 general ele< tiona '. in i 
 malversation in office, and for filling vi 
 
 Officers to be removed for incapacity, rnU 
 duty iu manner prescribed bj Law, w\ 
 removal is prescribed in constitution. 
 
 Leg 
 
 islature to provide for trial and r< 
 siate modes for which no! provided in • 
 
 Officers, unless otherwise provided foi in 
 removed for official misconduct, incom|
 
 1180 State Constitutions 
 
 PUBLIC OFFICERS {Cont'd) 
 Removal (Cont'd) 
 
 Method to Be Prescribed by Law (Cont'd) 
 
 or gross immorality, in manner as prescribed by general laws; 
 and legislature to prescribe by general laws the manner in 
 which public officers and agents shall be removed. ( W.Va. 
 
 IV 6, 8.) 
 
 Officers not liable to impeachment to be removed for misconduct 
 
 or malfeasance in office in manner prescribed by law. (Colo. 
 
 XIII 2; Mont. V 18; Wash. V 3; Wyo. Ill 19.) 
 
 Officers not liable to impeachment to be removed for high crimes, 
 
 misdemeanors or malfeasance in office in manner prescribed 
 
 by law. (Utah VI 21.) 
 
 Officers not liable to impeachment to be removed for misconduct, 
 
 malfeasance, crime or misdemeanor in office, or for habitual 
 
 drunkenness or gross incompetency, in manner prescribed by 
 
 law. (X.D. XIV 197.) 
 
 Officers not liable to impeachment to be removed for misconduct 
 
 or malfeasance or crime or misdemeanor in office, or for 
 
 drunkenness or gross incompetency, in manner prescribed by 
 
 law. (S.D. XVI 4.) 
 
 Elective officers not liable to impeachment to be removed in such 
 
 manner and for such causes as prescribed by law. (Okla. 
 
 VIII 2.) 
 
 Law to provide for removal on complaint and hearing of all 
 
 officers, for misconduct involving moral turpitude or other 
 
 cause provided by law; this method additional to impeachment 
 
 or other method of removal provided by constitution. (Ohio 
 
 II 38.) 
 Legislature to provide for forfeiture of office in case of any 
 public officer (except governor) who receives more than $5,000 
 as compensation for official services, independent of compensa- 
 tion of legally authorized deputies and assistants. (Ky. 246.) 
 Legislature to provide for removal of officers for bribery, fraud, 
 intimidation or other corrupt practice to procure own nomina- 
 tion or election, except in elections for school trustees or other 
 common school district elections. (Ky. 151, 155.') 
 If state officer does not give reasonable additional security when 
 required by governor, office to be declared vacant in manner 
 prescribed by law. (W.Va. VII 13.) 
 
 Method Not Expressly Provided 
 
 Whenever state officer changes his residence from state, his 
 office to be vacant, any declaration of retention of domicile to 
 contrary notwithstanding. (La. 210.) 
 Oflices created by constitution to become vacant by death, removal 
 from state, resignation, conviction of felony, impeachment, or 
 becoming of unsound mind. (Nebr. Ill 20.) 
 Drunkenness to be cause " for impeachment and removal from 
 
 office". (Nebr. XIV 3.)
 
 I \ i . i \ D 10 1 
 
 PUBLIC OFFICERS (Cont'd) 
 Removal (Cont'd) 
 
 Method Not Expressly Provided I 
 Drunkenness and excee 
 
 office to be cause for removal (Okla 1 1 i 
 All officers to be remove I on 
 
 or of infamous crime; appo n ■ 
 
 of courts of record and supei i 
 
 may be removed at pleasure 
 
 officers elected by peopli 
 
 members of legislature and 
 
 in the law) to be removi 
 
 on address of two-thirda of i 
 
 If executive or judicial ofl 
 
 or rei eives a bribe, bis offi( e to bi 
 If officer of executive department i 
 
 institul ion makes False i epoi 
 
 shall be removed from office. 
 If civil officer fails to reside in 
 
 required by law, hi> office ; 
 
 Formalities 
 
 Notice required before vote "ii adoptii n 
 Notice required ten days before vote on 
 
 111 
 
 "Complaint" required. (Ohio II 
 Causes to be communii 
 
 tion of ad 
 Causes to be communicated to incun 
 
 Causes to be stated at length in addn 
 of each house. (La. 220; S.C. XV 
 Causes entered on journal of each I" ' :i 
 
 Causes reported by governor to 
 
 Hearing required. (01ii<> II ■' - 
 Hearing required before vote on adoption 
 
 Full hearing by governor required in 
 (except those convicted of misbeh 
 
 Vote on adoption of addi 
 
 Suspension 
 
 .Legislature may provide for suspend" 
 tion for misconduct in offlci 
 
 Officers not liable to imp 
 by gov< rhor for malf<
 
 ll s _ ; State Constitutions 
 
 PUBLIC OFFICERS [Cont'd) 
 Removal (Cont'd) 
 
 Suspension [Cont'd) 
 
 duty in office, or commission of felony, or for drunkenness or 
 incompejteacy; cause of suspension communicated to officers 
 suspended and to senate at next session. Suspension to con- 
 tinue until adjournment of next session of senate unless officers 
 suspended be removed by governor with consent of senate. 
 Governor may reinstate officer so suspended on satisfactory 
 evidence that charges are untrue. If senate refuses to remove 
 or fails to act before adjournment, person suspended shall 
 resume his duties without loss of salary. Governor may fill 
 office incumbent of which has been suspended. (Fla. IV 15.) 
 
 Legislature may provide for suspension of public officials charged 
 with collection of public money when they fail to account. 
 
 (La. 1S2.) 
 
 On recommendation of auditor or police jury of any parish, 
 governor may suspend officers charged with collection or cus- 
 tody of public funds when in arrears. (La. 223.) 
 
 Duty of governor to suspend alleged defaulting state and county 
 treasurers and defaulting tax collectors pending investigation 
 of accounts and to make temporary appointments to fill offices 
 during investigations. Legislature to provide for enforcement 
 
 of this provision. (Miss. V 125.) 
 
 When governor notified by affidavit that officer having custody 
 of public or trust funds is probably guilty of embezzlement, 
 he shall direct immediate prosecution by proper officers and 
 on indictment governor shall suspend him and appoint suc- 
 cessor until acquitted by jury. In case of conviction office to 
 be declared vacant and vacancy filled as provided by law. 
 
 (S.C. IV 22.) 
 
 Breaches of trust and duty by custodians of public funds, legis- 
 lature to provide for investigation, and for suspension from 
 office on reasonable cause shown and for appointment of tem- 
 porary incumbents. (Tex. IV 25.) 
 
 Executive officers at seat of government (except lieutenant-gov- 
 ernor) may be suspended by governor during recess of legis- 
 lature for misbehavior, incapacity, neglect of official duty or 
 acts performed without due authority of law; governor to 
 report to legislature at beginning of next session the causes, 
 and legislature to determine whether officer is to be restored 
 or removed; governor, during recess of legislature, to appoint 
 pro tempore successors to officers so suspended. (Va. V 73.) 
 
 Effect of Removal or Suspension 
 
 Penalties not to extend beyond disqualification from holding 
 
 office under authority of this state for term for which elected 
 
 or appointed, but accused liable to indictment and punishment 
 
 as prescribed by law. (Ala. VII 174.) 
 Suspension or removal not to relieve officer from indictment for 
 
 misdemeanor in office. (Fla. IV 15.)
 
 I.M)K.\ Dii.im | | „ • 
 
 PUBLIC OFFICERS (Cont'd) 
 Reports 
 
 Of Accounts, See above, thia title, &< ■ 
 Frequent Reports 
 
 "Letters, dispatches and intelligo 
 
 "communicated" to governor " 
 
 receipt. (>Mass. Pt. II Oh. II Sec I 
 
 Regular Reports 
 
 Legislature to provide by law for annual 
 
 state officers and institution* 
 Officers of executive department to make re| 
 
 to governor at beginning of each r< 
 
 mitted by governor to legislatun a< ; • 
 
 - 
 Officers of executive departmenl and of bublii 
 to report to governor at l< asl Ave daj - 
 session of legislature; governor ti 
 
 Subordinate officers of executive departmi 
 
 lit' institutions of state to report i 
 
 before each regular session of 
 
 reports to legislature. (W.Va. \ll 
 Officers of executive department and of publii 
 
 state, to report to governor at least ten 
 
 regular session of legislature; govern 
 
 legislature. (Ill, V 21; Kan. 1 16; tfebr. \ 
 Same; twenty days. (Colo. IV 17; Ida. IV 17. 
 Same; thirty days. (X.M. V 9.) 
 
 When Required by Governor 
 
 By state officers in writing on Buhject relating to Jul 
 
 when required by governor. (Wash; III 
 By officers of administrative departmenl in writii 
 
 relating to duties of office, when required bj 
 
 V 
 By administrative officers of executive d< partmi nt ii 
 
 subject relating to duties of office, when requii 
 
 officers of executive departmenl to make full i 
 
 acts when required by governor, BUCh 
 
 legislature at beginning of each regulai 1\ 
 
 By officers of executive department in wil- 
 ing to duties of office, when required bj 
 4; Ark. VI 7; Cal. V 6; Conn. IV 6; Del. Ill H 
 IIS; Iowa IV B; Kan. I 4; Ky. 78 
 Nev. V 6; N".C. MI 7; Ohio HI 6; Pa N 
 
 Opinions in writing of principal officer bo 
 departments on subjects relating to dot 
 required by governor. (Minn. \
 
 1184 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Reports (Cont'd) 
 
 When Required by Governor (Cont'd) 
 
 By executive and administrative state officers, in writing on 
 subject relating to duties of office, when required by governor. 
 
 (Mich. VI 3.) 
 
 By officers of executive department or any military officer .on 
 
 subject relating to duties of office, when required by governor. 
 
 (Me. V Pt. I 10.) 
 By officers of administrative and military departments in writ- 
 ing on subject relating to duties of office, when required by 
 
 governor. (Ore. V 13.) 
 By officers of executive department and boards of public institu- 
 tions, in writing on subject relating to duties of office, when 
 required, by governor, including itemized accounts of receipts 
 
 and disbursements. (S.C. IV 14.) 
 By officers of executive department and superintendents of state 
 institutions in writing under oath, on subject relating to 
 duties of office, when required by governor. (Va. V 74.) 
 By officers of executive department and officers and managers of 
 state institutions in writing on subject relating to condition, 
 management and expenses of office, when required by governor. 
 
 (Utah VII 5.) 
 Same; oath required. (111. V 21; Nebr. V 22; W.Va. VII IS.) 
 Same; oath required; false report to be perjury. (Mo. V 22.) 
 Same; oath required; person making false report to be guilty 
 
 of perjury and removed from office. (Tex. IV 24.) 
 By officers and commissioners of state and officers of state insti- 
 tutions, penal, eleemosynary, educational and industrial, in 
 writing under oath on subject relating to office when required 
 by governor; false report to be punished as prescribed by law; 
 governor to transmit copy to each house of legislature. (Okla. 
 
 VI 33, 9.) 
 By officers of executive department in writing under oath on 
 subject relating to duties of office, when required by governor, 
 and by officers and managers of state institutions in writing 
 under oath on subject relating to condition, management and 
 expenses of office and institution, when require'd by governor. 
 (Colo. IV 8; Ida. IV 8; Mont, VII 10.) 
 Same; failure to report or making false report to be impeachable 
 
 offense. (Ala. V 121.) 
 When Required by Legislature 
 
 By officers of executive department whenever called upon by 
 
 either house of legislature. (Fla. IV 27.) 
 By officers of executive department and officers and managers 
 of state institutions in writing under oath, on subject relating 
 to condition, management and expenses of office, when required 
 by either houses of legislature. (Nebr. V 22.)
 
 Im.iw Dl( 
 
 PUBLIC OFFICERS (Cont'd) 
 Residence 
 
 All civil offieer-s of th. ithin 
 
 offices at such {(Laces then h 
 required by law. (Ark. \1\ | 
 Civil (» Hirers for stal. 
 
 offices at Buch place thi 
 Whenever state officer chai 
 
 be vacant, any declaration of ret< 
 
 nol 
 
 Office created by constitution to bi 
 
 Officers provided by law and C( 
 ity of state vested, to kei ; 
 
 Civil officers to reside in state, and k< i 
 
 viofation to vacate office. (Tex. Ml I 
 As qualification for office, 
 
 Retirement, See Pensions. 
 
 Rotation in Office, See above, this title, I 
 
 or N.LIFICATION.S — PfilOB SEBVICE I 
 
 Selection 
 
 Law to provide for election or api 
 
 for by constitution. ' (Cal. \.\ 4; Kan. 11 
 
 Legislature to prescribe by general law 
 
 pointment of public oliicers and 
 
 Officers (other than county, cjty, t.iwn and . 
 election or appoint not provided f< 
 
 elected or appointed as legislature m 
 
 Officers hereafter created by 1 
 
 lature may direct. (Cal. XX !: La. 71; } 
 Legislature to provide for appointing 
 
 people of all state officers not oth< 
 
 Inferior state officers, not provided for in 
 pointed or elected as prescribed by I 
 
 Legislature to -name and settle" ;>>. 
 "naming and settling" of civil ofl 
 wise provided for in constitution, i^ 
 
 Legislature to - name and settle" biennially, 
 and settling" of civil officers wit l,.n 
 vided for in constituu on. 8M- " 
 
 Officers whose d* 
 
 elected or appointed a~ ]- I h l« 
 
 38
 
 1186 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 Selection ( Cont'd ) 
 
 If appointment not otherwise provided for in constitution, to be 
 
 chosen as prescribed by law. (Ind. XV 1.) 
 Legislature at first session to provide for " election of officers whose 
 election not provided for in constitution". (Utah XXIV 15; 
 
 Wash. XXVII 11.) 
 Attorney -general elected by judges of highest court. (Tenn. VI 5.) 
 For method of appointment, See above, this title, Appointment. 
 For list of officers appointed by governor, See Governor. 
 For list of officers elected by legislature, See Legislature. 
 As to elections generally, See Elections. 
 Suspension, See above, this title, Removal. 
 Term of Office 
 In General 
 
 If term of officer or commissioner is not provided in constitu- 
 tion, may be declared by law; if not, he shall hold during 
 pleasure of appointing power. (Not applicable to officers or 
 employees of municipality under legally adopted charter, or 
 to persons appointed to office or employment during good 
 behavior under civil service law of state or political division 
 
 thereof.) (Cal. XX 16.) 
 
 If not provided for by constitution may be declared by law, and 
 
 if not so declared to be held during pleasure of appointing 
 
 power. (Ind. XV 2; Kan. XV 2; Nev. XV 11; N.Y. X 3; 
 
 Ore. XV 2.) 
 Of inferior state officers, not provided for in constitution, to be 
 
 prescribed by law. (Ky. 93.) 
 If not provided for, to be during pleasure of governor and coun- 
 cil. (Me. IX 6.) 
 As prescribed by law, for officers whose appointments not pro- 
 vided for by law. (N.J. VII Sec. II 9.) 
 Fixed by law in cases not provided for in constitution. (Ohio 
 
 II 20.) 
 Legislature at first session to fix time of commencement and dura- 
 tion of term of all officers whose election not provided for in 
 constitution. (Utah XXIV 15; Wash. XXVII 11.) 
 Legislature to prescribe by general law, for public officers and 
 agents, if not provided for in constitution. (W.Va. IV 8.) 
 Time of Beginning 
 
 To be prescribed by law in case of officers authorized or directed 
 by constitution to be elected or appointed, unless time fixed 
 
 by constitution. (Ky. 236.) 
 Term of officers for whose election constitution provides, com- 
 mences at time of election, unless otherwise provided by con- 
 stitution. (Md. XV 9.) 
 Term of officers elected or appointed pursuant to constitution to 
 commence, except when otherwise directed in constitution, on 
 date of commission ; but no commission shall bear date prior 
 to expiration of term of incumbent. (N.J. VII Sec. II 11.)
 
 l.\l.|-\ DlC. ESI 
 
 PUBLIC OFFICERS (Conf,h 
 Term of Office (Cont'd) 
 
 Time of Beginning (Cont'd) 
 
 Term of state officer* to commence 
 
 Legislature at first sef 
 whose election not provided for in 
 
 To begin on January 1st, unless otl 
 
 tin i 
 Term of elective state officers to 
 election, except as otherwise pp 
 
 Term of state officers, except t<> till van 
 January after election. (N.M. W 
 Term to commence and terrains 
 
 Term of officers elected at general el< 
 
 Monday in January after election. (Utah I 
 
 All officers, except governor, eleel 
 
 to assume duties on first Monday in 
 
 State officers elected at a general el< 
 
 first Monday in January after election 01 
 as possible. (Wyo. VI Elections 
 
 Term of officers provided for by constitution 
 Monday after January 1st after electi 
 
 Term of elective state officers to begin I 
 
 after • 
 
 Term of state officers begins on I ' 
 
 in January after election. (Nebr. XVI 
 
 Term of executive officers begins on J 
 
 of 
 
 Term of officers elected under constitution 
 
 1st after election unless otherwise provided in 
 
 Term of civil officers appointed l 
 
 mence on first Monday of May after apj 
 spectors of tobacco. (Md. II 13.) 
 
 Term of civil officers to begin • 
 
 Limit on Length 
 
 Life Tenure Prohibited 
 
 Election or appointment to ofl 
 or during good behavior, bu 
 
 No person to be elected or app • ' I 
 or during good behavior, bul t 
 period, except notaries publii and
 
 ]188 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 Term of Office (Cont'd) 
 
 Limit on Length (Cont'd) 
 
 Life Tenure Prohibited (Cont'd) 
 
 No office to be created by legislature the " appointment of 
 which shall be for a longer time than a term of years ". 
 
 (Ky. 23.) 
 No Longer Than Good Behavior 
 
 No office to be created appointment to which shall be for 
 longer time than during good behavior. (Ala. I 29; Me. 
 
 I 23.) 
 
 No office to be created or exercised appointment to which 
 
 shall be for longer term than during good behavior; 
 
 officers to hold office on condition of good behavior. (Del. 
 
 I 19, XV 6.) 
 
 Legislature not to create office appointment to which shall be 
 
 for longer term than during good behavior; officers to 
 
 hold office on condition of good behavior. (Pa. I 24, VI 4.) 
 
 Specified Number of Years 
 
 Term not to exceed four years (not applicable to officers and 
 employees of municipality under legally adopted charter, 
 or to persons appointed to office or employment during 
 good behavior under civil service law of state or political 
 subdivision thereof). (Cal. XX 16.) 
 Legislature not to create office term of which shall be longer 
 than four years. (Fla. XVI 7; Ind. XV 2; Kan. XV 2; 
 
 Nev. XV 11; Ore. XV 2.) 
 Term of inferior state, officers, not provided for in consti- 
 tution, to be not over four years. (Ky. 93.) 
 Term of civil officers appointed by governor and senate to 
 
 be two years. (Md. II 13.) 
 
 Term of elective officers under constitution to be four years 
 
 except as otherwise provided in constitution. (Miss. XII 
 
 252.) 
 
 Where not fixed by constitution, not to exceed two years 
 
 (except railroad commission, board of regents of state 
 
 university, boards of trustees or managers of educational, 
 
 eleemosynary and penal institutions of state and boards 
 
 now or hereafter established by law). (Tex. XVI 30, 
 
 30a.) 
 Extension After Election or Appointment 
 
 Not to be extended by law after election or appointment. (Colo. 
 V 30; Del. XV 4; 111. IV 2S; Mont. V 31; Pa. Ill 13; Wyo. 
 
 Ill 32.) 
 Not to be extended beyond period for which elected or appointed. 
 
 (Mo. XIV 8; Okla. XXIII 10.) 
 Not to be extended bv law after election. (W.Va. VI 37.)
 
 I >K, 
 
 11 
 
 PUBLIC OFFICERS (l 
 Term of Office (Con 
 
 Holding Over After Term 
 
 Until succi qualified, i . 
 
 XV 5; Mo. XIV .,; Okrla Win 
 
 Civil officers under atate shall, cm 
 
 exercise duties until - . (] , ,.,!,: 
 
 members of Ieg5sla1 
 more of whom are ele< 
 
 State officers to continue in ■■ 
 
 BO 
 
 If constitution or law provides 
 
 tier of legislature) to hold until 
 
 Inferior state officers, not provided for In • 
 
 until 
 Until successors inducted into off! 
 
 Civil officers appointed by governor and 
 
 SI!' 
 
 Every officer, unless removed, to hojd office ui 
 
 fied. 
 All officers except members of legisl itun I 
 
 ■ 
 Legislature to provide by law for continu 
 " of annual election or appointment " until 
 
 Officers elected under constitution I 
 
 Commissions to Express 
 
 Commissions to express tenure of • 
 Re-election to Same Office, See ah 
 Disqualifications — Pkior Sbbi 
 
 In Case of Vacancies, See belov, this tii 
 Unauthorized or Invalid Acts 
 See also above, this title, MlSi 
 No law to be passed legalizing, or vali 
 
 Not to be legalized excepl a- ag 
 
 law. (Cal. IV 25; Ma. Ill 1'.': N.D. 1 1 '■'.'; W 
 
 Of officers or public agents ol 
 against state, by Local o* special 
 
 Of officer, servant Or agenl 
 
 Misconduct in office as diaqualil 
 
 FICATIONS AND 1)I^«.IAI.II l< LTIOH
 
 1190 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 Vacancies in Office 
 Method of Filling 
 In General 
 
 Legislature to provide for filling. (X.Y. X 5.) 
 
 Filled as prescribed by law, if not otherwise provided for 
 
 in constitution. (Kan. II 19; Ohio II 27; Wis. XIII 10.) 
 
 Same; in cases of emergency, provisional appointments may 
 
 be made by governor to continue until vacancy regularly 
 
 filled. (Miss. IV 103.) 
 Filled as prescribed by law if not otherwise provided for by 
 constitution. During recess of senate in cases not other- 
 wise provided for in constitution, filled by governor until 
 end of next session; failure of governor to send to senate 
 name of person appointed to be equivalent to rejection; 
 person nominated and rejected by senate not to be ap- 
 pointed to same office during recess of senate. (La. 72, 
 
 171.) 
 
 Filled as prescribed by law, if not otherwise provided for 
 
 in constitution, but successor not to hold for longer than 
 
 unexpired term. (Tenn. VII 4, 5.) 
 
 Filled as prescribed by law, if not otherwise provided for 
 
 by constitution; vacancies in state office filled by governor 
 
 with advice and consent of senate if in session. (Mich. 
 
 XVI 5, VI 10.) 
 Filled as prescribed by law, if not otherwise provided for 
 by constitution. During recess of legislature, if no pro- 
 vision by constitution or laws, filled by governor until 
 end of thirty days after beginning of next session of legis- 
 lature. (Va. IV 56, V 73.) 
 Filled by governor, if not otherwise provided by constitution 
 or law. (Ariz. V 8; N.D. Ill 7S; S.D. IV 8; Wyo. IV 7.) 
 Filled by governor, unless otherwise provided by law, until 
 
 successor qualified. (Okla. VI 13.) 
 Filled by governor, except as otherwise provided in constitu- 
 tion until filled according to constitution. (Ky. 76.) 
 Filled by governor, unless otherwise provided by law, until 
 successor commissioned as provided in constitution or by 
 
 law. (Ga. V Sec. I 14.) 
 Filled by governor, and in his absence by lieutenant-governor, 
 • until office can be filled in manner directed by law or con- 
 stitution. (Vt. II 20.) 
 Filled by governor for unexpired term, if no provision in con- 
 stitution or by law. (Fla. IV 7.) 
 Filled by governor, unless otherwise provided by law, until 
 successor elected or appointed and qualified. (Mo. V 11.) 
 Filled by governor, in case of state office for which no pro- 
 vision made in constitution, until successor elected and 
 qualified. (Ind. V 18; Ore. V 16; Wash. Ill 13.)
 
 Im>i:\ Die 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Vacancies in Office (Cont'd) 
 Method of Filling (Cont'd) 
 In General (Cont'd) 
 
 Filled by governor, if do provision u 
 till end of uea 
 
 lulled by governor, if not other* i 
 tion or law, until filled bj : 
 
 If vacancy occurs during 
 
 governor to fill until next w 
 
 makes nomination, i [da, 1\ 
 If vacancy occurs during 
 
 ment or election to which is nol pi 
 
 ernor until next meeting ol when hi 
 
 poison to. fill office. (Colo. 1\ 
 If vacancy occurs during session 
 
 (except member of legislaturi 
 
 provided by law, by governor with 
 
 members of senate present ; 
 
 filled, unless otherwise provided by law, I 
 
 nomination made to senab 
 
 sion; if officer rejected \<\ 
 
 and governor to make further nam 
 
 tion; if no confirmation durii 
 
 appoint to fill vacancy any person 
 
 may appoint other person until in 
 
 until regular election. (Tex. IV 
 Appointive Offices 
 
 If vacancy during recess of 
 
 ernor may appoint (except chancellor, cl 
 
 associate judges), he may fill until • 
 
 If vacancy during recess of senate m 
 
 by governor, until next n na- 
 
 tion to be made, and person nominab 
 majority of senators elected voting !■> 
 shall hold office during remainder of 
 cessor qualifies; after rejection I 
 be nominated for same office 
 request of senate, nor be appi 
 recess of legislature. (111. V 11; Nebr V 11.) 
 
 Same; except during recess of 
 
 bin . >'• \ i \ 
 
 If vacancy during session of 
 
 before final adjournment, in office wbicl 
 senate have power to fill, uominat 
 
 final adjournment ; if during 
 may fill till end of n^'
 
 1192 State Constitutions 
 
 PUBLIC OFFICERS (Cont'd) 
 
 Vacancies in Office (Cont'd) 
 Method of Filling (Cont'd) 
 
 Appointive Offices (Cont'd) 
 
 made; nomination to be made to senate within thirty days 
 after meeting of legislature; after rejection by senate 
 person not to be nominated for same office at same session 
 unless by request of senate, nor appointed to same office 
 during recess of legislature. (Md. II 14, 11, 12.) 
 
 If vacancy during recess of legislature in office which is 
 filled by governor and senate, governor to fill vacancy 
 until end of next session, unless successor sooner ap- 
 pointed; no appointment or nomination to be made by 
 governor during last week of term ; if person nominated 
 for office of trust or profit under government of state is 
 not confirmed before recess, he is not eligible for appoint- 
 ment to such office during such recess. (N.J. V 12, 3.) 
 
 If vacancy during recess of senate in office to which governor 
 may appoint with consent of senate, filled by governor un- 
 til next session of senate, when office filled by governor 
 with consent of senate for unexpired term. (N.M. XX 5.) 
 
 If vacancy during recess of senate in office to which gov- 
 ernor may appoint, with consent of senate, he may fill 
 until end of next session; if vacancy occurs during ses- 
 sion of senate he shall make nomination before final ad- 
 journment ; in acting on nominations senate to sit with 
 open doors and votes to be by yeas and nays and entered 
 
 on journal. (Pa. IV 8.) 
 Elective Offices 
 
 If not otherwise provided by constitution and laws, filled 
 by governor until qualification of successor elected at next 
 general election. (Ark. VI 23.) 
 
 If vacancy in elective office (except lieutenant-governor and 
 members of legislature) governor may fill until successor 
 qualifies, and election to be held for full term at next gen- 
 eral election, unless within two months, in which case at 
 second general election. (Del. Ill 9.) 
 
 Election to fill vacancies to be for unexpired term; appointees 
 to fill vacancies to elective office under constitution to 
 serve only to election and qualification of successor at 
 next general election. (Fla. XVIII 6, 7.) 
 
 Legislature may provide by law for filling unexpired terms 
 
 by special elections. (Ga. V Sec. I 9.) 
 
 Appointee to hold only till election and qualification of suc- 
 cessor at next general election, who holds for unexpired 
 
 term. (Iowa XI 6.) 
 
 Except as otherwise provided in constitution, if unexpired 
 term of elective office ends at next annual election, at 
 which city, town, county, district or state officers are to 
 be elected, filled by appointment for remainder of term ;
 
 1 
 
 PUBLIC OFFICERS (Cont'd) 
 Vacancies in Off* e i 
 
 Method of Filling {Co»f 
 Elective ■'■ 
 
 if \maxpired term will 
 
 intervene befwe nesri - 
 
 meat untij elqctwn wad ii i 
 
 term; ii ihivc months 
 
 pointment until 
 
 remains unexpired, office Ml. I bj 
 
 time for ejection to lil 
 
 ernor \n 
 
 than counly and made 
 
 (not to apply to eXet tion o| 
 
 mon scIk.iiI dietrici elections >■ !u b 
 
 lature except as otherv 
 
 Vacancies in state offi 
 
 ernor until next annual el. 
 
 Where no provision made in conatitul 
 governor till next, elect inn ami qui 
 vacancies in state offices, tilled by .. 
 until next general election. 
 
 Vacancies in state offices (except 1;. 
 nienilier of legislature i , filled I 
 eral election, when BUCCessor 
 
 Appointees not to hold longer than beginn 
 year after first annual eleel ion 
 
 \ acancies in elective state offi 
 lature or governor) filled ! 
 moved or successor qualified; 
 first general election more than thi 
 person elected to serve tor unepepu 
 other elective offices filled for un( t 
 
 bj 
 
 If vacancy during 
 
 governor may fill, he maj 61J 
 if vacancy during 
 made before final adjournmenl 
 next election appropri 
 within two calendar months | 
 case at second 
 
 Appointees to hold only until fir I 
 successor to be el 
 
 Vacancy in state ..tV.ce. wl 
 and laws, filled by 
 fication of successor. [Utah VII
 
 1194 State Constitutions 
 
 PUBLIC OFFICERS [Cont'd) 
 Vacancies ix Office [ConV 
 Method of Filling [Cont'd) 
 Elective Offices [Cont'd) 
 
 Vacancy occurring prior to general election, filled by ap- 
 pointment as prescribed by constitution or general law 
 until qualification of person elected at general election 
 for residue of unexpired term. (W.Va. IV 7.) 
 Elections to fill vacancies to be for unexpired term. (Colo. 
 XII 11; Fla. XVIII 7; Iowa XI 6; Ky. 152; Xev. XVII 
 2; Ohio XVII 2: Tex. XVI 27; W.Va. IV 7.) 
 Offices to Which Legislature Appoints 
 
 During recess of legislature, in office appointment to which 
 is vested in legislature, governor to fill until successor 
 elected and qualified. (Ind. V 18; Ore. V 16; Wash. Ill 
 
 13.) 
 During recess of legislature, in office to which legislature by 
 constitution may appoint, filled by governor until end of 
 next session of legislature. (Tenn. Ill 14.) 
 During recess of legislature, in office which is filled by legis- 
 lature, filled by governor until end of next session, ur.; 
 successor sooner appointed. (N.J. V 12. 
 When Vacancy Exists 
 
 For vacancies caused by removal or suspension, See above, this 
 
 title. Removal. 
 vacancies caused by impeachment. See IiiPEACHiiENT. 
 Legislature may declare cases in which office deemed vacant when 
 no provision made in - ition. (Mich. XVI 5; X.Y. X 8; 
 
 Va. IV 56: Wis. XIII 
 If officer refuses or neglects to qualify within time prescribed 
 
 by law. office to be vacant. (Colo. XII 10. 
 Offices created by constitution to become vacant by death, removal 
 from state, resignation, conviction of felony, impeachment or 
 becoming of unsound mind. Legislature to provide for filling 
 by general law, if no provision made in constitution. (Xebr. 
 
 ni _ 
 
 Compensation of Successor 
 
 Successor of state officer to receive only salary provided by I 
 at time of his election or appointment. (L T tah V 11 2 
 Welfare of. See Labob — Public Work. 
 
 PUBLIC PRINTING 
 
 Done by state printer elected at election held for state officers for two 
 yea- until his s -- - - and qualified. (Kan. XV 4.) 
 
 State printer may be provided for by law; to have not less than 10 
 years' experience in art of printing; compensation to be provided by 
 law. To be elected or ted as 1 by law and until law is 
 
 passed, elected - re provided by constitution and general I 
 
 re. XII 1.) 
 
 Legislature to bar- -" a state print » - oro- 
 
 ride f or 1 ippomtment of a state printer. ( Okla. V " 

 
 Index Du 
 
 
 PUBLIC PRINTING [Cont'd) 
 
 Laws may be passed providing for manner 
 
 .11 
 To be let on contract to lo sponsible bi< 
 
 state in manner prescribed by law. 
 Legislature to prescribe by law maimer in wl 
 
 and accounts rendered therefor; to 'it "all 
 
 tive labor"; not to rescind or alter conti 
 
 them or sureties from performance of any conditi 
 
 Contracts for, See Public Contra.) 
 
 PUBLIC PROPERTY 
 
 For property of United Sta 
 
 For property of cou munieij 
 
 Account of 
 
 To be given every three months and 
 by all public boan - imiss u 
 
 officers of public magazines and stores 
 forts and garrisons. (Mass. Pt. II Ch. U Sec. 1 
 Appropriation of 
 
 See also below, this title, Gka> 
 
 On final passage of act making, continuing 
 
 fi ths of elected members constitute a quorum a 
 must be taken and entered on journals. N.V. Ill 
 For local or private purposes requires - 
 
 bers ted to each branch of legislature. I 
 
 111 
 
 Banks and Bank Stock 
 
 gr< e Banks — State Banks. 
 
 Banks — State Interest in. 
 Canals. See Canals. 
 Contracts, See Public Contracts. 
 Confiscated Property 
 
 B« irs of may be released from taxes due at date of >- - 
 
 Educational Fi .ucation — Fun 
 
 ^SLure empowered t 
 
 or more terminal grain elevator, in th, 
 inspection, weighing and grading of all grain r, 
 
 applies to elevators in Minnes 
 
 GIFTS TO STATE FOR RELIGIOUS P. 
 
 Mate not to accept property to 
 t> ■ • i ^ ,11 funds aris 
 
 ODJefet of original grant. (Ohio \ 1 
 See also above, this title, APPROPBIATIO!
 
 1196 State Constitutions 
 
 PUBLIC PROPERTY (Cont'd) 
 Grants (Cont'd) 
 
 Taxation affected by, See Taxation — Power to Tax. 
 
 Law granting a donation or gratuity in favor of any person or object 
 must have a majority of two-thirds members elect of each branch 
 
 of legislature. (Miss. IV 66.) 
 
 Grant or donation of property never to be made by state to any 
 hospital, asylum or other institution not under direct control of the 
 state as a state institution, except those conducted for support of 
 minor orphans or abandoned children or aged poor, such aid to be 
 granted by uniform rule and the state to have the right at any time 
 to inquire into management of such institution. (Cal. TV 22.) 
 
 Legislature not to make any to any charitable institution not owned 
 or controlled by the state, except to non-sectarian institutions for 
 the reform of youthful criminals. (Va. IV 07.) 
 
 Legislature not to grant any donation or gratuity in favor of any 
 person corporation or association. (Ga. VII 16.) 
 
 State never to make any donation or grant to any individual, asso- 
 ciation or corporation. (Mont. XIII 1.) 
 
 State not to make donation to or in aid of any individual, association 
 or corporation, except for necessary support of poor. (N.D. XII 
 
 185; S.D. XIII 1; Wyo. XVI 6.) 
 
 Property of state not to be granted to or for any person or persons, 
 association or corporation, public or private. (La. 5S.) 
 
 Legislature not to have power to make or authorize making of any 
 gift of any public thing of value to any individual, municipal or 
 other corporation whatever, nor shall any grant or donation of 
 public property ever be made to any corporation or association ex- 
 cept aid pursuant to section 22 of this article. (Cal. IV 22, 31.) 
 
 Legislature shall have no power to grant or authorize any grant of 
 public money or thing of value to any individual, association of 
 individuals, municipal or other corporation whatever, this not to 
 prevent aid in case of a calamity. (Mo. IV 46.) 
 
 State not to make any donation to or in aid of any person, associa- 
 tion, public or private corporation, or in aid of any private enter- 
 prise for construction of any railroad, except as otherwise pro- 
 vided in constitution, but state may provide for care of sick or 
 
 indigent persons. (X.M. IX 14.) 
 
 State not to make a donation or grant to or in aid of any corpora- 
 tion or company. (Colo. XI 2.) 
 
 State not to make a donation to any company, association or cor- 
 poration. (Ky. 177.) 
 
 State not to make donation by gift, subscription to stock, by tax 
 or otherwise to any company, association or corporation. (Okla. 
 
 X 15.) 
 Grants for Religious Purpose 
 
 Grants to sectarian schools, See Education — Sectarian Schools. 
 
 Property of state not to be appropriated for benefit of any religious 
 sect or society, theological or religious seminary. (Mich. II 3; 
 
 Tex. I 7.)
 
 [jfD 
 
 PUBLIC PROPERTY (I 
 
 Grants fob Religioi s Ptjbb 
 Law making donation 
 
 Persona] ptfopertj 
 any religions creed, church • i 
 
 Public property not to b 
 
 ligious worship, cxei 
 
 
 
 Iigious establishment, i Ariz. [I 12 
 Public property hot to be appropri I 
 
 use, benefit or support of a 
 
 of religion, or for any priesl . 
 
 teacher or dignitar 
 
 II 
 Legislature not to make to any ohm 
 
 tion or institution which is en1 
 
 directly, controlled by any church 
 
 No grant or donation of public propi 
 made by state for any religious 
 -whatever, except as provided h 
 
 Xo grant or donation of land, monej 
 to be made by state, to any church 
 
 Grant or donation by state or anj | ubli 
 or for any sectarian pvii pose or ] 
 church or sectarian society or fo 
 educational, literary or scienti 
 church or sectarian denomination i" 
 
 No property of the state to be given for I 
 or religious society, institution i 
 
 VIII I 
 
 Property of state never to be used bj gift, 
 appropriation or otherwise in aid 01 
 school, hospital, orphan house or other ii 
 gariizatioh, wholly 6r in pari i 
 
 or sectarian denominati- 
 
 Insurance of 
 
 Public buildings or prqpertj i 
 
 ■ 
 
 Lands, Bee Pi hi.ic Lands. 
 
 Lease 
 
 Can I anai.s--Sivii: I 
 
 Public lands; See PUBLIC LANDS 1 I 
 Water power, See Waters - \\ a
 
 1198 State Constitutions 
 
 PUBLIC PROPERTY (Cont'd) 
 Liens on Railroads 
 
 Lien of state on Illinois Central Railroad in accordance with char- 
 ter not to be released, altered or remitted. (111. XIV I.C.R.R.) 
 
 Assembly to have no power to release or alienate if held by state, 
 or change or pass any act explanatory thereof, but to be enforced 
 in accordance with original terms. (Mo. IV 50.) 
 
 Legislature has no power to release or alienate any lien held by 
 state on any railroad or in anywise change the tenor or meaning 
 or pass any act explanatory thereof, but same to be enforced in 
 accordance with original terms upon which acquired. (Tex. 
 
 Ill 54.) 
 Loan or 
 
 Not to be loaned to or for any person or persons, association or cor- 
 poration, public or private. (La. 58.) 
 
 Obligations Owned by State 
 
 Debt, liability or other obligations of person or corporation due state 
 not to be released by special, private or local laws. (Ariz. IV 
 19; Cal. IV 25; Ida. Ill 19; Mont. V 26; Nev. IV 20; N.D. II 
 
 69; Wash. II 28; Wyo. Ill 27.) 
 
 No special or local law to be passed relinquishing, extending or ex- 
 tinguishing, in whole or in part, any indebtedness or liability of 
 any person or corporation to state. (N.M. IV 24.) 
 
 Legislature not to enact any local, special or private law remitting, 
 releasing, postponing or diminishing any obligation or liability due 
 state from any person, corporation or association. (Va. IV 63.) 
 
 Local or special laws releasing persons from obligations due state 
 prohibited; unless recommended by governor or ofhcers of treasury 
 
 department. (Ma. Ill 33.) 
 
 No bill which releases or commutes claim or demand of state shall 
 be passed except by affirmative vote of majority of all members 
 elected to each house; vote to be by yeas and nays and votes for 
 and against entered on journal. (Va. IV 50.) 
 
 On passage of law which releases, discharges or commutes a claim 
 or demand of state question to be by yeas and nays duly entered 
 on journal and three-fifths of members elected to each house re- 
 quired for quorum. (X.Y. Ill 25; Wis. VIII 8.) 
 
 Legislature to have no power to release or extinguish, or authorize 
 releasing or extinguishing, in whole or in part, indebtedness, 
 liability or obligation of any corporation or individual to state. 
 (111. IV 23; Ky. 52; La. 59; Mo. IV 51; Okla. V 53; Tex. Ill 55.) 
 
 No obligation or other liability of any railroad or other corporation 
 held or owned by state ever to be exchanged, transferred, remitted, 
 postponed or in any way diminished by legislature, or released 
 except by payment into state treasixry. (Ark. V 33, XII 12.) 
 
 No obligation or liability of any person, association or corporation 
 held or owned by state ever to be remitted, released or postponed 
 or in any way diminished by legislature, except by payment into 
 proper treasury, or exchanged or transferred except upon payment
 
 I.M'KX DlQ] SI 
 
 PUBLIC PROPERTY (Cont'd) 
 
 Obligations Owned hv State [Cm 
 of ite face value; but this, 
 by genera] law for com] 
 
 t • 1 '* 
 
 Legislature to have no p, 
 
 l»a.'t indebtedness, liability or ob 
 
 ration to state. (S.D. Ill 24 
 
 Corporate obligations held or owj 
 
 ferred or released 
 
 XT ,,■ ■ 
 
 No obligation or liability, pf anj pei 
 held or owned bj state evi r to be ti 
 
 released or'postp ;d or in any vva 
 
 extinguished except by paymenl h 
 
 Same; adding court proceedings. - \.M. IV 
 Legislature not to release countj 
 
 obligation to repay to state moneys expended 
 
 of its assumption of debts and liabilities • 
 
 Pledge 
 
 Not to be pledged to or for any j erson 
 corporation, public or private . 
 
 Public Buildings 
 
 Bonds for, See State Debt — Purpose Publk 
 Governor's residence, See Governor Rj 
 Grants o public land for 
 
 See Public Lands — Sale — Provision i 
 
 See Public Lands — Trusts in. 
 State institutions, county or municipal buil 
 
 Construction, care and preservation of all. not un 
 of officers of public institutions, to be intrusted t 
 boards and under regulations prescribed bj law. 
 
 Laws relating to public buildings and improi 1 f r««i 
 
 provision that no laws be enacted to tak 
 any authority other than legislature. i Kj 
 Sale 
 
 Canals, See Canals - State Canals. 
 
 Public lands. See Public Lands 
 
 Board of public works may sell state's il 
 ternal improvement, whether as stockholder oi 
 interest in any banking corporation, i 
 registered debt now owing by state, equal in amount 
 tained for state's >aid interest, (Md« Ml 
 
 Proceeds of sale of any railroad or other prop 
 used for payment of the public debt and as other purp.
 
 1200 State Constitutions 
 
 PUBLIC PROPERTY (Cont'd) 
 Sale (Cont'd) 
 
 as state has debt, except that in case of one railroad mortgaged 
 to secure certain bonds, proceeds of its sale to be applied thereon. 
 
 (Ga. VII Sec. XIII 1.) 
 School Find, See Education — Funds. 
 
 State Ownership Forbidden 
 Banks and bank stock 
 
 See Banks — State Banks. 
 See Banks — State Interest in. 
 State not to become stockholder in any corporation. (Iowa VIII 3.) 
 Legislature not to have power to authorize state to subscribe for 
 
 or to become stockholder in any corporation. (Cal. IV 31.) 
 State not to be joint owner or stockholder in any company. (Ohio 
 
 VIII 4.) 
 State not to become stockholder in any association or corporation. 
 
 (Ida. VIII 2; Miss. XIV 258.) 
 State not to become subscriber to or owner of capital stock of any 
 
 association or corporation. (S.D. XIII 1.) 
 Xot to subscribe to or become owner of capital stock of any associa- 
 tion or corporation. (Ark. XII 7; N.D. XII 185; Wyo. XVI 6.) 
 State not to become stockholder in any corporation or association. 
 
 (Ind. XI 12.) 
 
 Not to purchase or subscribe to stock of or become part owner in 
 
 any corporation or association, or for any private enterprise. 
 
 (La. 58.) 
 State not to become joint owner or stockholder in any company or 
 
 association. (W.Va. X 6.) 
 State not to become joint owner or stockholder in any company, 
 
 association, or corporation. (Ga. VII Sec. V 1; S.C. X 6.) 
 Becoming joint owner or stockholder in any company, association or 
 
 corporation forbidden. (Fla. IX 10; Pa. IX 6.) 
 State not to become owner or stockholder in any company, associa- 
 tion or corporation. (Ky. 177.) 
 State not to subscribe to or be interested in stock of any company, 
 association or corporation. (Cal. XII 13; Mich. X 13; Okla. X 
 
 15; Ore. XI 6; Wash. XII 9.) 
 State not to become " stockholder with others in any association, 
 
 company, corporation, or municipality". (Tenn. II 31.) 
 Not to subscribe to or become interested in " stock or obligations " 
 of company, association or corporation " for the purpose of aid- 
 ing in the construction or maintenance of its work". (Va. 
 
 XIII 185.) 
 Legislature not to authorize state to subscribe to stock or bond in 
 aid of any railroad, telegraph, or other private individual or 
 corporate enterprise or Undertaking: (Utah VI 31.) 
 State not to subscribe to or be interested in stock of any company, 
 association or corporation except corporations formed for educa- 
 tional or charitable purposes. (Nev. VIII 9.)
 
 1 \M .. I ) . 
 
 PUBLIC PROPERTY (< 
 State Ownership I i 
 Legislature not to 
 state, in any corporal 
 heretofore extendi 1 I i 
 
 State not to I stlbscri 
 
 or corporation, or i o • 
 corporation except as I 
 by operation or provis 
 
 State not to become 
 
 or corporation, or joint owner wil 
 poiation, "public or private" i- 
 ownership" as accrues 
 operation or provision of la\ 
 to state jointly with any pe 
 sale of real estate for non-paymen1 ol I 
 us, or purchase under execution in i 
 drfeiture or recogniz u 
 to secure public mom perform 
 
 state jointly or severally 
 Stationery and Supplies 
 
 Contracts for, See PXTBLSC CONTRAJ C8 
 
 Purchased as may be provided by law. 
 Taxation 
 
 See Taxation — Exemptions — Ptjblio I 
 
 See Taxation — Exemptions — Sr\u: Psora 
 Territorial 
 
 Of territory becomes property ol 
 
 Trusts 
 
 See also Education — Funds. 
 
 All trust funds held by state t<> remain invi 
 
 sively to purposes of trust. (Intl. VII I 
 State dteeepts all grants of land and donatii 
 United States under tin- previifoiM 
 other acts of etrngness, for ttsee Hid 
 and under limitations for which L'i 
 pledged to preserve such lands and 
 rived from sale of any lands ae 
 same for uses and purposes for w^i-l> 
 
 All land, money or other pro,. 
 United State, or any Otl 
 institution or purple, and pi 
 pro<i«'.'tv to be and reman, perpetu 
 of which, toother WWl of »" '' 
 
 appropriated and applied 
 gifts- principal of everv fund ma,
 
 1202 State Constitutions 
 
 PUBLIC PROPERTY (Cont'd) 
 Trusts (Cont'd) 
 
 ished ami interest and income only used; every such fund deemed 
 a trust fund held by state, state to make good all losses thereof. 
 
 (N.D. IX 159; S.D. VIII 7.) 
 Legislature to have power to receive from United States any grant 
 or donation of land, money, or securities for any purpose desig- 
 nated by United States, and to administer or distribute the same 
 according to conditions of grant. (Md. Ill 46.) 
 State accepts lands and money granted and donated by Congress to 
 state, for educational and other objects with limitations and con- 
 ditions or imposed by act making grant or donation; proceeds of 
 sale or rental of lands or property received from United States 
 or other source inviolably applied to purpose specified in grant or 
 
 gift. (Wyo. XVIII 1, 2.) 
 The natural oyster beds, rocks, and shoals, in the waters of this 
 state, not to be leased, rented or sold, but to be held in trust for 
 benefit of people of this state subject to such regulations and re- 
 strictions as general assembly may prescribe, but general assembly 
 may, from time to time, define and determine such natural beds, 
 rocks or shoals by surveys or otherwise. (Va. XIII 175.) 
 Waters, See Waters — Public Property. 
 
 PUBLIC PURPOSES, See " Eminent Domain ", " Waters ", " Taxation ", 
 
 " State Debt ". 
 PUBLIC RECORDS 
 
 Military records, See Military Records, Banners and Relics. 
 To be conducted, promulgated and preserved in English language. (La. 
 
 165; Mich. XVI 6.) 
 Official writings to be preserved and published in no other than English 
 
 language. (Cal. IV 24; 111. Sched. 18.) 
 To be kept at seat of government by officers in whom executive authority 
 of state vested. (Ariz. V 1; Colo. IV 1; Ida, IV 1; 111. V 1; Ind. VI 
 5; Mo. V 1; Mont. VII 1; Nebr. V 1; N.M. V 1; Okla. VI 1; Ore. 
 VI 5; Utah VII 1; Wash. Ill 24; W.Va. VII 1.) 
 Secretary of state to keep records of the state. (Me. V Pt. Ill 2; 
 
 Mass. Pt. II Ch. II Sec. IV 2; N.H. II 67.) 
 Secretary of state to keep and preserve record of all official acts and 
 proceedings, open to inspection of committee of either house of legis- 
 lature. (Md. II 23.) 
 Secretary of state to keep public records and documents, particularly the 
 acts, resolutions and orders of the legislature and record them. 
 
 (Conn. IV 18.) 
 Secretary of state to keep record of official acts of legislative and 
 executive departments, and when required lay same and matters rela- 
 tive thereto before either house of legislature. (Cal. V 18; Fla. IV 
 21; Nev. V 20; Ore. VI 2; Utah VII 16; Wash. Ill 17; Wis. VI 2.) 
 Secretary of state to keep record of official acts and proceedings of gov- 
 ernor and council, and legislature, and when required lay same before 
 either branch of legislature. (Me. V Pt. Ill 4.)
 
 Index Di< 
 
 PUBLIC RECORDS (Cont'd) 
 
 Secretary of slate to keep record i I 
 
 governor and when required I... 
 
 before legislature. | Ark. \ | 21; Mi-. \ 
 Secretary of state to keep n 
 
 governor; when required lay same and ; 
 
 either branch pf legislature, i h.i. m , 
 
 Secretary of state to keep record 
 
 them and lay copies and copies oi papi 
 
 house when required. (Mo. V 21.) 
 Secretary of state to keep dailj record • : 
 
 by governor and attested bj 
 
 with papers per-taining to his office b 
 
 . 
 Secretary pf state to keep record of official 
 
 them; when required lay copies oi Barae and p 
 before either branch of legislature. (Ala. \ 
 
 PUBLIC SERVICE COMMISSIONS 
 
 For purposes of comparison, all publi 
 
 officially designated, are plural under this title. II 
 designations are various, the general 
 about the same in all cases and hence it has n* t ! 
 to use the official designation <if tht commission 
 stance but simply to refer to it as " comm • i 
 
 tion prescribed by law, if any, See below, this titU 
 Accounting Systems 
 
 Commission may prescribe systema of keep 
 
 public service corporations. (Ariz. XV 3.) 
 Commission may prescribe uniform system of ac< ante I 
 all railroads and other transportation compai • 
 Appeal from Commission 
 
 Decision of commission on right to raise rate 
 
 except on question of confiscation. (Cal. X 1 1 •. 
 If supersedeas granted and suspending bond givi 
 pany must keep account, pending dispositi 
 collected; additional security on suspending bond i 
 
 ,U. IX 21; Va. XII 
 
 May be taken by removing case to supreme couri 
 sion or interested party. (N.M. XI 
 
 May be taken only to supreme court; n 
 tion. (Okla. IX 20; Va. XII I56d.) 
 
 New evidence not permitted; commission t 
 preme court to consider reasonableness and justn 
 action deemed prima facie correct, but court n in . T 
 
 case for further investigation. (Okla. IX 22; Va. JCH 
 
 New evidence permitted on application at either part) 
 court's own initiative but not where eommiaiiou alow 
 
 N.M. XI 7
 
 1204 State Constitutions 
 
 PUBLIC SERVICE COMMISSIONS (Cont'd) 
 Appeal from Commission (Cont'd) 
 
 On any action prescribing rates, charges, classifications, affecting train 
 schedules, requiring additional facilities, etc., or requiring addi- 
 tional security on appeal, an appeal to supreme court may be 
 taken, as provided by law. (Okla. IX 20; Va. XII 156 d.) 
 On assessment and ascertainment of tax on a corporation may be 
 taken within 30 days of receipt of certified copy thereof to 
 circuit court of city of Richmond ; notice of application, giving 
 grounds of complaint, verified by affidavit, to be served on com- 
 mission. (Va. XIII 180.) 
 Precedence on supreme court calendar, after habeas corpus and state 
 
 cases. (Okla. IX 21; Va. XII 156 e.) 
 Precedence on supreme court calendar and court always in session 
 
 for such cases. (N.M. XI 7.) 
 Until otherwise provided by law, appeal taken to supreme court as 
 from district courts, except it is of right and supreme court may 
 make special rules. (Okla. IX 20; Va. XII 156 d.) 
 Right of appeal from rulings of commission not denied by constitu- 
 tion but rulings remain in force pending appeal. (Ariz. XV 17.) 
 Right of commission to enforce other rates, classifications, regula- 
 tions, etc., based on different circumstances from those on which 
 an appeal has been taken, is not affected by the pendency of such 
 
 appeal. (Okla. IX 23; Va. XII 15© g.) 
 
 Supersedeas may be awarded by supreme court ; suspending bond 
 
 required to prevent order as to rates, classification, etc., taking 
 
 effect. (Okla. IX 21; Va. XII 1561 e .) 
 Supreme court, in reversing commission, to substitute its own order 
 which has effect as of time of entry of reversed order; otherwise 
 reversal order not valid. (Okla. IX 23; Va. XII 156 g. ) 
 Attorneys 
 
 Attorney-general and district attorneys must aid commission for 
 which they are to receive not over 25 per cent, of fines and for- 
 feitures collected; but commission may employ other attorneys on 
 
 like terms. (.La. 288.) 
 Attorney-general, or his authorized representative, to be attorney 
 
 for the commission/ (N.M. XI 4.) 
 Bonds 
 
 Commission to ascertain outstanding bonds, debentures and indebted- 
 ness, and various detailed facts concerning same, of every railroad 
 and public service corporation in state. (Okla. IX 29.) 
 Plan of proposed issue must be submitted, under oath, in detail, to 
 commission, which enforces penalties for failure to submit or to 
 comply with other provisions of law. (Va. XII 167.) 
 Books and Records, Inspection of 
 
 Commission has right at all times to inspect books and papers of all 
 transportation and transmission companies doing business in state. 
 
 (Okla. IX 18; Va. XII 156 b.)
 
 I \ in x Dig 
 
 PUBLIC SERVICE COMMISSIONS [Cont'd) 
 Books and Records, [nsi 
 
 Commission has right at all tin 
 
 records of all transportation and U 
 
 mon carriers doing business ii, rt t.i 
 Commission lias right u< examim 
 
 railroad and other transportation 
 Commission has right to inspect and in\ 
 
 Commissioners, or any of them, 
 times as they deem necessarj i 
 roads or other public Bervice i 
 
 refusal, $12.") to $500 per daj 
 also punishable as prf 
 In hearings before commission, Gf( 
 
 Charters, See below, this title, Issue of Cii 
 Commissioners 
 
 For provisions relating to all public offii 
 Chairman 
 
 Elected by commission. (Okla. 1 \ 1 - 
 Elected by commission, annually. iN.M. 
 Compensation 
 
 Fixed at $2,000, until otherwise ; roi 
 
 creased or diminished during period far wh 
 and profits to be covered into treasury. [JS.D. ll 
 Fixed at $3,000, payable quarterly: Legjfllfttu* 
 
 for traveling expenses. (N.M. XI 
 Until otherwise provided. 
 
 sioner's warrant, and actual travelir 
 sworn warrant of chairman. (La. 28 
 Fixed at $3,000, and expenses, wh< 
 
 wise provided by law. (My/.. XV 
 Fixed at $4,000 until otherwise proya 
 
 Legislature to fix salaries but 
 
 num. 
 
 Until otherwise provided by lai 
 as allowed existing railroad i 
 
 Legislature to fix salaries bui 
 
 as now fixed by law for pi 
 Fixed by legislature. (Xebr. V U> M 
 Impeachment 
 
 See also IMPEACHMENT. 
 For "hbdi crimes and mH 
 
 feasance in office, for h 
 
 extortion or op] 
 
 habitual drunkenness ". I I '■ -' ■ ■
 
 1206 State Constitutions 
 
 PUBLIC SERVICE COMMISSIONS (Cont'd) 
 Commissioners ( Cont'd ) 
 Impeachment (Cont'd) 
 
 For malfeasance in office, corruption, neglect of duty or other 
 high crime or misdemeanor; in manner provided for judge of 
 highest court. (Va. IV 54, XII 155.) 
 Manner of Selection 
 
 Appointed by governor from state at large but legislature may 
 divide state into districts, for the purpose of such appoint- 
 ments, as nearly equal in population as possible. (Cal. XII 
 
 22.) 
 Elected at first general state election at which governor is voted 
 
 for and one every two years thereafter. (Ariz. XV 1.) 
 Elected at same times and places as members of legislature. 
 
 (N.D. Ill 82.) 
 Elected at general election for state officers, one every two years. 
 
 (Okla. IX 15; Tex. XVI 30.) 
 Elected by plurality, one from each of three " railway commission 
 districts " in which state is directed to be divided, at time of 
 congressional election. (La. 2S3, 2S9. ) 
 Elected, one being chosen at each general election. (N.M. XI 2.) 
 Elected, one every two years. (Nebr. V 19 A.) 
 Elected, one in each " superior court district " at same time as 
 governor; legislature may change such districts to equalize 
 population or may require election of commissioners by quali- 
 fied voters of state at large. (Ky. 209.) 
 Manner of election to be regulated by law. (S.C. IX 14.) 
 Misconduct in Office 
 
 Legislature to enact laws to prevent non-feasance and misfeasance 
 
 in office and impose proper penalties therefor. (Ky. 209.) 
 Removal for, See below, this subdivision, Removal. 
 Number 
 
 Three. (Ariz. XV 1; Ky. 209; La. 2S3; Nebr. V 19 A; N.M. XI 
 
 1; N.D. Ill 82; Okla. IX 15; Tex. XVI 30; Va. XII 155.) 
 Not less than three. (S.C. IX 14.) 
 Five. (Cal. XII 22.) 
 Oath of Office 
 
 Shall take, in addition to constitutional oath of office, oath as to 
 non-interest in certain named classes of companies and as to 
 execution and enforcement of law T s relating to corporations; 
 oath to be filed with secretary of state. (Okla. IX 17.) 
 Passes or Reduced Rates 
 
 Commissioners and officers of commission, engaged in official 
 duties, shall be transported free by transportation companies. 
 
 (Va. 155.) 
 Commissioners and officers of commission may be granted passes 
 or reduced rates for their personal use while in office by trans- 
 portation or transmission companies. (Va. 161.) 
 Commissioners do not forfeit office by accepting passes or reduced 
 
 fare. (Cal. XII 19.)
 
 I M . I 
 
 PUBLIC SERVICE COMMISSIONS (( 
 Commissioners | Con i 
 
 Passes or Reduced Rates (Cont'd) 
 Commission. r> exempt from 
 
 pass or reduced fare, i Mi>-. \ n l& 
 During term of office not I 
 chase, r 
 
 state, for himself or familj 
 lie, and person convicted of violati 
 of felony and on conviction pui 
 $1,000 or by imprisonment in 
 nor more than five years. (N.M. XX It. 
 Qualifications and Disqualifications 
 
 May be prescribed by law. (Ariz, XV 1.) 
 Qualified electors of state and of diBti 
 
 Thirty years of age, citizen of Btate two 
 trict from which chosen one year next p 
 
 Twenty-five years of age, citizens of United 
 qualifications of state electors. (N.D. Ill - 
 
 Resident citizens of state for over two years i 
 election, qualified voters, not less than 
 
 Not to hold other office under federal or any Btal 
 to engage in any occupation or busin< 
 
 dut • 
 
 At least one commissioner shall have quali! 
 for judges of supreme court. <Va. XII 1 
 
 Persons in employ of or holding official relat 
 owning stock or bonds of or otherwit 
 in any person, firm or corpoi 
 commission, not to be appointed to or hold 
 
 Being in service of railroad or common carri< 
 tion, firm or association, or pecuniarily int. r 
 in railroad 
 ineligible to hold office. I Ky. 21 
 
 No person in service of or attorney for rail 
 phone, telegraph, steamboat, or otl 
 company or corporation or pecimiarilj in1 
 
 ■ 
 
 No officer, agent. employ< r pei 
 
 transportation or trans 
 
 No commissioner can act in matter in wl 
 principal, agent or attorn .M. XI ■ 
 
 Interest in railroad, 
 boat, pipe line, car 11 
 press line, telep
 
 1208 State Constitutions 
 
 PUBLIC SERVICE COMMISSIONS (Cont'd) 
 Commissioners ( Cont'd ) 
 
 Qualifications and Disqualifications (Cont'd) 
 
 stock, bond, mortgage, security or earnings of same or of com- 
 press or elevator companies, renders person ineligible to hold 
 office of commissioner ; becoming voluntarily so interested va- 
 cates office, and involuntary interest to be divested within 
 reasonable time or office vacated. (Okla. IX 16.) 
 Employment by, holding office in relation to, or financial interest 
 in, transportation or transmission company, or practice of law 
 disqualifies such person from holding office. (Va. XII 155.) 
 Removal 
 
 For high crimes and misdemeanors, non-feasance or malfeasance 
 in office, incompetency, corruption, favoritism, extortion or 
 oppression in office, gross misconduct and habitual drunkenness, 
 by district court of domicile; detailed provisions for bringing 
 suit, costs, appeals, etc.; suit does not operate as suspension 
 
 from office. (La. 222.) 
 Legislature by two-thirds vote of all members elected to each 
 house may remove commissioner for dereliction of duty, cor- 
 ruption or incompetency. (Cal. XII 22.) 
 Legislature may remove commissioners by proceedings as in case 
 
 of judges of supreme court. (Ky. 209.) 
 In manner provided for judge of highest court. (Va. XII 155.) 
 Voluntary interest, or involuntary interest not divested within a 
 reasonable time, in certain enumerated public service com- 
 panies vacates office. (Okla. IX 16.) 
 Impeachment, See above, this subdivision, Impeachment. 
 As Representative of Commission 
 
 Any member may sit alone whose acts, confirmed by commission, 
 
 are acts of commission. (Cal. XII 22.) 
 " Several members " of commission have power to investigate 
 property, books, affairs, etc., of corporation offering stock for 
 sale to public or of public service corporations doing business 
 
 in state. (Ariz. XV 4.) 
 " Several members " of commission have powers of a court of 
 general jurisdiction to enforce attendance and compel produc- 
 tion of evidence, throughout state. (Ariz. XV 4.) 
 Term 
 
 Elected " for the same term as the governor ". ( Ky. 209. ) 
 To be regulated by law but not to commence until after expira- 
 tion of term of present commissioners. (S.C. IX 14.) 
 Two years and until successor qualified. (N.D. Ill S2.) 
 Six years. (Ariz. XV 1; Cal. XII 22; La. 283; Nebr. V 19 A; 
 KM. XI 2; Okla. IX 15; Tex. XVI 30; Va. XII 155.) 
 Vacancy 
 
 Governor to fill vacancy until successor elected and qualified. 
 
 (Ariz. XV 1; Cal. XII 22.) 
 Governor to fill vacancy until next general election. (Tex. 
 
 XVI 30.)
 
 I I 
 
 PUBLIC SERVICE COMMISSIONS i- 
 Commissioneks I Cont'd) 
 Vacancy ( Con 
 
 Govenior to lill . for urn 
 
 firmation b\ legislature; app 
 continue in office Li 
 ment or adjourned sine die withi 
 he be reappointed bo till 
 
 Governor to fill vacancy by appointment til 
 tion, when BUdeessor shall b< 
 
 Governor to appoint where unexpired 
 election and until second general - 
 occurs within three months i 
 ance of term to be filled at Baid gi 
 After January 1, 1908, va« 
 held not less than 60 da 
 ment as elsewhere prescribed may 
 minate 20 days after said election. [\ a 
 Connections and Crossings 
 
 Commission may prescribe terms or pive order 
 railroad to intersect, connect with or i 
 
 Commission to regulate receipt and trai 
 cars, tonnage and passengers by railr 
 
 pan 
 Consolidations 
 
 Commission alone can permit a corporation to pai 
 of a competitive corporation in which it ho] 
 
 Foreign or domestic railroad, transport 
 pany may lease, sell or otherwise disj 
 chises or may lease, buy or otherwise acquii 
 erty and franchise of like company, witl 
 in writing; legislature mav in- 
 
 Parallel or competing public service 
 
 date stock, property or franchises or otherwise 
 except bv enactment of legislature un re< 
 
 Contempts 
 
 Commission and each of commissioners m 
 same manner and to same extent as oou 
 
 Commission may punish for contempt 
 respectful or disorderly conducl in pi 
 in session. (Okla. IX 19; Va. XII I 
 
 Commission may punish for ami
 
 1210 State Constitutions 
 
 PUBLIC SERVICE COMMISSIONS (Cont'd) 
 Contempts ( Confd ) 
 
 Commission may, through district or supreme court, punish for con- 
 tempt. (N.M. XI 7.) 
 Creation 
 
 "Corporation commission" is hereby created. (Ariz. XV 1; Okla. 
 
 IX 15.) 
 
 Legislature may delegate power to fix reasonable maximum freight 
 
 and express rates to "a commission created by law". (Mich. 
 
 XII 7.) 
 Legislature may establish within, and subject to control of, state 
 corporation commission, subordinate divisions of insurance, bank- 
 ing or other special branches. (Va. XII 155.) 
 Legislature to correct abuses, prevent unjust discrimination and 
 excessive charges by railroads, canals and turnpike companies, 
 through "such offices and commissions" as necessary. (Ark. 
 
 XVII 10.) 
 Legislature to enact laws for supervision of common carriers, " by 
 
 commission or otherwise". (Miss. VII 1S6.) 
 " Proper boards, commissions or officers " may have conferred upon 
 them supervisory and regulatory powers over organization, busi- 
 ness and issue and sale of stocks and securities (of domestic cor- 
 porations) and over business and sale of stocks and securities of 
 foreign corporations and joint-stock companies, as may be pre- 
 scribed by law. (Ohio XIII 2.) 
 " Railroad and transportation commission " may be established and 
 
 powers and duties defined by law. (Wash. XII 18.) 
 "Railroad commission" created (although only "railroad commis- 
 sioners" specifically mentioned). (Cal. XII 22.) 
 " Railroad commission " impliedly authorized by provisions for its 
 
 personnel, "when * * * created by law". (Tex. XVI 30.) 
 " Railroad, express, telephone, telegraph, steamboat and other water 
 craft and sleeping car commission " is hereby created to be known 
 as "railroad commission of Louisiana". (La. 283.) 
 " State corporation commission ", a permanent commission, is hereby 
 
 created. (N.M. XI 12; Va. XII 155.) 
 "State railway commission" created. (Nebr. V 19 A.)' 
 "The railroad commission" is hereby established. (Ky. 209; S.C. 
 
 IX 14.) 
 
 Three " commissioners of railroads " ( elsewhere called " board of 
 
 railroad commissioners") to be elected by the people. (N.D. Ill 
 
 82, 142.) 
 Eminent Domain 
 
 Legislature may give commission power to fix compensation in emi- 
 nent domain cases involving state, county or municipality. (Cal. 
 
 XII 23 a.) 
 Employees of Commission 
 
 Commission may appoint a secretary at $1,500 per annum and actual 
 traveling expenses. (La. 2S3, 287.)
 
 ; 
 
 PUBLIC SERVICE COMMISSIONS (( 
 Employees of Com mi 
 
 Commission maj emploj exp rl 
 required concerning railr. 
 
 Commission to have one clerk, one I dlifl 
 nates as provided by lawj Balai 
 
 Commission to haw one clerk 
 
 vided by law. appointed and 
 
 be fixed by legislature. <\.M. \i 
 Same; adds one bailiff. (Va. XI] I 
 Legislature may provide additional i 
 
 Offieers of commission exempted from pr< 
 
 or transmission companies furnishing ' 
 
 for their personal use while in office. 
 Officers of commission, engaged in official 
 
 ported free by transportation companies. (Va \ll 
 Execution op Laws 
 
 Provisions of constitution and of law 
 
 ried out by commission. (N.M. M 
 Expenses 
 
 Legislature to provide for lawful ej 
 
 nesses summoned and costs of executing ; 
 
 Legislature to provide for travelii 
 
 Fees, Collection of 
 
 All fees required by law to be paid for I 
 
 tion, reports and other docui 
 
 paid into state treasury. (N.M. M 
 Commission to enforce fines and penalti< 
 
 tion on corporations delinquent in paying r< 
 
 As Filing or Recording Office, -Sec b< 1 
 Fines and Penalties 
 
 For fines and penalties relating 
 
 Commission may enforce its rules, regal 
 of $100 to $5,000, recoverable bef( 
 
 diction. 
 
 Commission may enforce order or requin 
 
 $500 or greater sun, if author: 
 
 a separate offense. (Okla. K 19; Va Ml I 
 Legislature may add other penalties to i
 
 1212 State Constitutions 
 
 PUBLIC SERVICE COMMISSIONS (Cont'd) 
 Hearings 
 
 Commission may hold regular or special hearings elsewhere than 
 
 state capitol, as necessary. (La. 283.) 
 General order, rule, regulation or requirement, not to be made 
 until notice first published not less than once a week for four 
 consecutive weeks in newspaper published in capital of time and 
 place where objections will be heard by any person interested. 
 
 (Okla. IX 18; Va. XII 156 b.) 
 No decision or order to be made by commission except after public 
 hearing held on 10 days' notice, except on default. (N.M. XI s. ) 
 Rate, classification, order, etc., not to be made against one or more 
 companies by name except on at least 10 days' notice of time and 
 place of hearing thereon, and a reasonable opportunity to intro- 
 duce evidence and be heard; companies to have process to enforce 
 attendance of their witnesses. (Okla. IX 18; Va. XII 156 b.) 
 Investigation or Indebtedness 
 
 Outstanding bonds, debentures and indebtedness of railroads and 
 other public service corporations to be ascertained (in prescribed 
 detail) by commission, reported to attorney-general and duplicate 
 report filed with state examiner and inspector for public use, and 
 information printed, from time to time, in annual report. (Okla. 
 
 IX 29.) 
 Issue of Charters and Licenses 
 
 Charters to domestic corporations and licenses to foreign corpora- 
 tions, subject to constitution and provisions of law, issued through 
 commission. (N.M. XI 6; Va. XII 156 a.) 
 Foreign corporations must obtain a license to do business from 
 commission, before doing business. (Ariz. XIV 17; Va. XII 157.) 
 Sole power to issue certificates of incorporation and licenses to for- 
 eign corporations in commission. (Ariz. XV 5.) 
 Licenses, See above, this title, Issue of Charters and Licenses. 
 Mandamus, Writ of 
 
 Lies from supreme court to commission where it would lie to any 
 inferior court or officer. (Okla. IX 20; Va. XII 156d.) 
 Mediation 
 
 Upon request of parties, commission to adjust claims and settle 
 controversies, as far as possible, between transportation or trans- 
 mission companies and patrons or employees. (Okla. IX 18; Va. 
 
 XII 156 b.) 
 Meetings, See above, this title, Hearings. 
 Office 
 
 Articles of incorporation must be filed by corporation with corpo- 
 ration commission before business is begun. (Ariz. XIV 8.) 
 Charters, papers and documents relating to corporations transferred 
 from all territorial offices to office of commission. (N.M. XI 6.) 
 Chief office of commission and residence of commissioners to be at 
 
 state capital. (Ariz. XV 1.) 
 Commission shall have its domicile at Baton Rouge (state capital). 
 
 (La. 2S3.)
 
 ' 
 
 PUBLIC SERVICE COMMISSIONS (( 
 Ofik e ( Cont'd) 
 
 C..nmiis>ioners shall hold theil 
 
 Legislature to provide suitabli 
 
 Records of former corporation 
 
 works transferred to inn 
 Required to keep office open I 
 
 and legal holidays. (Va. XI] ! 
 Oil Pipe Companies 
 
 Subject to reasonable regulation 
 
 may regulate receipt and trail 
 
 Operation and Service of Cabr] . 
 Power of commission 
 
 classes of carriers within th, 
 Physical Condition 
 
 Commission must keep urfon 
 as to manner in which opi cat 
 of public. (Okla. IX IS; \ 
 Commission may require depots, swil 
 roads and require tracks and bxidg 
 
 Physical Valuation 
 
 Commission to ascertain, and make a pub! 
 struction and equipment p>r mile, and I ■: 
 of replacement of all physical pi 
 public service corporation in Btate, (Okla. I 
 Commission to ascertain fair value of proj 
 every public service corporation doii 
 aided by latter in so doing. (Ariz. \\ 
 Powers a.\» Duties 
 
 For powers and duties relating to a pari 
 
 Authority of commission, in other ma 
 
 classifications, subject to superior 
 
 legislate thereon by general 1 i 
 Commission has powers of a court 
 
 may be given additional powers by law w 
 
 rates, assessments or tax 
 
 Commission's powers and duties to be full;. 
 
 mission is created). (Wash. XII it 
 Commissioners' powers and dmi- 
 
 Commission's powers and dut 
 otherwise provided tp be 
 

 
 1214 State Constitutions 
 
 PUBLIC. SERVICE COMMISSIONS (Cont'd) 
 Powers and Duties (Cont'd) 
 
 Commission's powers and duties over transporting and transmitting 
 corporations to be regulated by law but until otherwise provided 
 to be same as in case of existing railroad commissioners. (S.C. 
 
 IX 14.) 
 
 Commission's powers and duties to include regulation of rates, 
 
 service and general control of common carriers, as prescribed by 
 
 law, but in absence of specific legislation may exercise said powers 
 
 and duties. (Nebr. V 19 A.) 
 
 Commission's powers extend not only to transportation but to service 
 
 and operations of enumerated classes of carriers within state. 
 
 (La. 286.) 
 Commission succeeds to rights and powers of railroad commissioner 
 
 and board of public works. (Va. XII 156 a.) 
 
 Commission to have power and duty of supervising, regulating and 
 
 controlling all transportation and transmission companies in all 
 
 matters relating to performance of their public duties, and their 
 
 charges therefor, to correct abuses and to establish rules and 
 
 regulations for these purposes. (Okla. IX 18; Va. XII 156 b. ) 
 
 Commission to make reasonable rules, regulations and orders to 
 
 govern public service corporations and to provide for convenience, 
 
 safety and health of employees and patrons thereof. (Ariz. XV 3.) 
 
 Control over public utilities previously vested in county, city and 
 
 town authorities transferred to commission. (Cal. XII 23.) 
 Incorporated towns and cities may be authorized to exercise super- 
 vision over public service corporations doing business therein, 
 including rate regulation. (Ariz. XV 3.) 
 Legislature may enlarge powers and duties or confer other powers 
 and duties and permit additional assistance for their duties. (La. 
 
 2SS.) 
 
 Legislature may clothe any railroad commission with judicial 
 
 powers in all matters connected with functions of their office. 
 
 (Fla. V 35.) 
 Procedure 
 
 Commission has powers of a court of record ; may enforce own 
 
 process and sit as a court. (Okla. IX 19; Va. XII 156 a.) 
 Commission has power to administer oaths and to certify to their 
 
 official acts. (N.M. XI 11.) 
 Commission may adopt and enforce such modes of procedure as it 
 
 may deem proper for the discharge of its duties. (La. 284.) 
 Commission's orders are enforced through supreme court, which is 
 
 given all necessary powers for such purposes. (N.M. XI 7.) 
 " Law making power " may prescribe rules and regulations to gov- 
 ern proceedings of commission; until so done commission may 
 
 itself do so. (Ariz. XV 6.) 
 Permanent record kept of all proceedings and of reports made to or 
 
 by commission. (Va. XII 155.) 
 
 Powers of a court of record to administer oaths, compel attendance 
 
 of witnesses and production of papers, punish contempts, adjudge,
 
 Index Di< 1215 
 
 PUBLIC SERVICE COMMISSIONS ({ 
 Pbocedure (Coni 
 
 after sitting as a court and h 
 and enforce its own proc< 
 Rules and procedure prescribed I 
 by constitution or amendnien 
 
 Testimony, See below, this title, Iai. 
 Prohibition, Writ of 
 
 Lies from supreme court to commission whi 
 inferior court or officer. (Okla. 1\ . 
 Publication of Ordebs 
 
 Commission to publish all 
 
 once a week for four consecutive w 
 place of hearing in one or more news] 
 of Richmond (state capital). (Okla. 1\ Is, \ 
 QUORUM 
 
 Commission acts by majority; anj membei 
 acts, confirmed by commission, are 
 
 
 Majority of commission a quorum and majorit 
 concur to decide any question. (Okla. 1\ 18i 
 
 Two a quorum, whether a vacancy or not. (Va» Ml i 
 Rates 
 
 Authority of commission, subject to review 
 rates, charges and classifications for trai 
 mission companies is, "subject to regulation bj I 
 but in other matters subject to Buperior authi rit; 
 
 la. 1\ 
 
 Decision of commission on right to 
 
 except on question of confiscation. (Cal. XII 
 
 Interstate rates of transportation and trai 
 watched by commissioners and when 
 citizens of state, commission to institute 
 
 Same; adds "common carriers". (N.M. M 
 May, after investigation, authorize common carriei 
 railroad to charge less for Longer than i 
 prescribe extent of such relief. (Ky. 2 
 May authorize transportation or tran 
 regard "large and short haul" proi 
 or competitive points or where compel 
 states make necessary to proted con 
 
 Same; adds "common carriers". (N.Y. M 
 Same; except reads w railroads " onl; 
 May exempt railroad from limitat. 
 
 cents per mile upon proof thai iu 
 
 earned at that rate. (Okla, IX
 
 j:il6 State Constitutions 
 
 PUBLIC SERVICE COMMISSIONS (Cunfd> 
 Kates {Cont'd) 
 
 Power and duty given commission to establish rates for passengers 
 or freight by railroad or other transportation company, and to 
 publish same with charges they may make. (Cal. XII 22.) 
 Power and duty given commission to make and change reasonable 
 and just railroad, steamboat and other water craft, sleeping car, 
 express, telephone and telegraph rates and charges. (La. 2S4.) 
 Power and duty given commission to prescribe and enforce rates, 
 charges and classifications, and alter or amend same, for trans- 
 portation and transmission companies. (Okla. IX 18; Va. XII 
 
 156 b.) 
 Power and duty given commission to prescribe just and reasonable 
 classifications, rates and charges to be made by public service cor- 
 porations; commission may amend or repeal same. (Ariz. XV 3.) 
 Power given commission to fix, regulate and control all charges 
 and rates of transportation and transmission companies and com- 
 mon carriers within state. (N.M. XI 7.) 
 Power to fix reasonable maximum freight and express rates may 
 be delegated to a commission. (Mich. XII 7.) 
 Reports 
 
 Annual reports to be made to commission by all corporations. (Ariz. 
 
 * XIV 17; Va. XII 157.) 
 Annual reports of proceedings to be made to governor by commis- 
 sion with recommendations as to legislation en its powers and 
 duties, creation or control of corporations, or on taxation. (Okla. 
 
 IX 25; Va. XII 156 i.) 
 Commission may require reports of corporations offering stock for 
 
 sale to public. (Ariz. XV 13.) 
 Commission may require special reports and statements, under oath, 
 of transportation and transmission companies and common car- 
 riers. (N.M. XI 11.) 
 Commission to enforce fines and penalties prescribed by constitution 
 on corporations delinquent in making prescribed reports. (Va. 
 
 XII 157.) 
 
 Form of reports required of corporations by constitution or by law 
 
 to be prescribed and same collected, received and preserved, and 
 
 annually tabulated and published, by commission. '(N.M. XI 6.) 
 
 Retroactive Orders 
 
 No order of commission shall be retroactive. (Okla. IX 23; Va. 
 
 XII 156 g.) 
 Salaries and Wages 
 
 Commission to ascertain salaries and wages paid by railroads or 
 other public service corporations. (Okla. IX 29.) 
 Stock 
 
 May permit a corporation to participate in control of another cor- 
 poration in which it holds stock. (Okla. IX 41.) 
 May require reports or information of, or inspect and investigate, 
 corporations offering stock for sale to public. (Ariz. XV 4, 13.)
 
 Index 1>.< 
 
 PUBLIC SERVICE COMMISSIONS (< 
 Stock (Cont'd) 
 
 Plan of proposed issue must be submitted, uodi 
 commission, which enforces penall 
 comply with other provisions of law. (Va, M 
 Taking Testimony 
 
 Commission and each of commissioners :. > 
 take testimony in same manner and I 
 
 ■ 
 
 Commission, and the several members then 
 of general jurisdiction to compel attendant 
 production of evidence, by subpoena, attachment 
 which power extends throughout state. (Ariz. X\ I 
 
 Commission has power to take testimony under i 
 sition within or without state. (Ariz. XV 
 
 Commission has powers and authority of a court • 
 administer oaths, compel attendance of witni 
 of books and papers. (Okla. IX 19; Va. XI! L56 
 
 Commission may compel attendance -of witn brougb 
 
 trict or the supreme court. (N.M. XI 7.) 
 
 Commission may examine, under oath, officers, agei 
 of railroads or public service corporations; person n 
 punished as prescribed by law. (Okla. IX 28.) 
 
 Commission may hear and determine complaints agaim 
 
 tion or rates it may establish, compel attendance of and • 
 witnesses, compel production of books and papers and take 
 timony under commission. (La. 2S4.) 
 
 Commission may hear and determine complaints against raili 
 and other transportation companies, issue subpeenas 
 necessary process, and send for persons and papers. ' al XII 
 
 Telegraph and Telephone Companies 
 
 Subject to regulation in receipt and transmittal of each 
 messages or making of physical connections by commi 
 
 Valuation, See above, this title, Physical V.m i 
 
 PUBLIC SERVICE CORPORATIONS 
 
 For provisions relating to all corporations, Set I ORPOBATK 
 For provisions relating to a particular class of 
 
 Acceptance of Constitution 
 
 Complete acceptance of constitution prerequisite 
 future legislation: provision does not valid 
 
 Prerequisite to benefit of any tutu,. iture. 
 
 
 Appropriations 
 
 No appropriation of public monej to be i 
 
 39
 
 1218 State Constitutions 
 
 PUBLIC SERVICE CORPORATIONS (P<>nt\h 
 Arbitration 
 
 Every license or charter granted to stipulate that corporation will 
 arbitrate any difference in reference to labor. (Okla. IX 42.) 
 Consent of Local Authorities 
 
 To construction ami operation in cities, municipalities, toims and 
 villages, Hce the suhh<<td Prune I'tili'iils uiM&r the specific title. 
 Consolidation 
 
 Consolidation of foreign public service corporations, one of which 
 owns or controls parallel or cdrtrpeting line in state, forbidden; 
 officers in edrrimori forbidden. (Okla. IX 8.) 
 Consolidation with parallel or competing lines forbidden except by 
 enactment of legislature on recommendation of corporation com- 
 mission; officers in common forbidden. (Okla. IX 8.) 
 Definition 
 
 Includes all transportation and transmission companies, all gas, 
 electric light, heat and power companies and all persons author- 
 ized to exercise right of eminent domain or to use or occupy right 
 of way. street, alley or public highway, whether along, over or 
 under same, in a manner not permitted to general public. (Okla. 
 
 IX 34: Ya. XII 153.) 
 Includes corporations' carrying persons or property for hire, except 
 municipal"; furnishing gas, oil or electricity for light, fuel or 
 [lower; furnishing water for public purpose-; furnishing for hire, 
 hot or cold air for heating or cooling purposes; transmitting mes- 
 sages; furnishing public; telegraph or telephone service and cor- 
 porations engaged as common carriers, except municipal. (Ariz. 
 
 XV 2.) 
 Directors' Meetings 
 
 Directors must hold at least one meeting ammally in state, pre- 
 ceded by 30 days' public notice; penalties to be provided. (Okla. 
 
 IX 6.) 
 Foreign I'um.ic Service Corporations 
 
 Consolidation of foreign public service corporations, one of which 
 owns or controls parallel or competing line in state, or having 
 officers in common forbidden. (Okla. IX 8.) 
 Not permitted to exercise powers forbidden domestic corporations or 
 relieved from compliance with provisions affecting domestic cor- 
 porations, if same would not be discriminatory against them; 
 interstate public service corporations excepted. (Ya. XII 163.) 
 Incorporation Under State Law 
 
 Required to acquire additional public ot municipal franchises. ( Va. 
 
 XII 103.) 
 Property 
 
 • Not to hold real estate except as necessary to its business. (Okla. 
 
 XXTI 2.) 
 
 Real and personal property liable to attachment, execution and sale 
 
 as in case of individuals; not to be exempted by law. (Ariz. 
 
 XV 11.)
 
 I M ' I- \ I I J | y 
 
 PUBLIC SERVICE CORPORATIONS - 
 Property (Cont'd) 
 
 Rolling Mock ami all otln r n 
 
 Railing -in.k and other movable p 
 
 persona] propert) ; all real and rx 
 
 tion and sale and may not be 
 Rati s 
 
 ( barges shall be just and 
 
 charges) service or facilities between ; 
 
 contemporaneous sei v ice. \> , <i\ 
 < ii ies, towns or counties not limited '•- 
 
 rates under municipal or ooun 
 • 
 Free or reduced transpoi I 
 
 sons who may receive same itndi 
 
 Incorporated towns or cities ) be a 
 
 Charges of public 
 
 Shall he construed* to mean rate of eh 
 • to be rendered and includes joint 
 joint charges. (Okla. IX 34; Va. XII IS 
 
 Regulation 
 
 Corporatiqn commission, or its members, n 
 gate property, books, affairs, etc., of public 
 doing business in state, having powers of a court 
 diction to compel attendance of witm 
 • 
 
 Incorporated cities or towns nun be aul 
 supervision over public service corporatioi 
 including rate regulation. (Ariz, W 
 
 Records, bopks and files liable to ' full 
 powers of the state ". I \ri/. Xl\ II 
 
 Term " regulation '. defined to include 
 
 Violation of rules, regulations, ord( 
 commission punishable by fine of $101 
 
 cKiirt of <• petent jurisdiction. 
 
 Repeal of ( 'o\sTnr i io\ \i Provisions \.\ I 
 After a designated date, 
 
 provisions of constitution rrhitii 
 service corporation-, their rat 
 
 After a designated date, legislati 
 
 provisions of constituti -el 
 
 powers and duties aii I 

 
 1220 State Constitutions 
 
 PUBLIC SERVICE CORPORATIONS (Cont'd) 
 Reports 
 
 Annual report, under oath, by president or superintendent, to cor- 
 poration commission, and other reports, as required; penalties to 
 
 be provided. (Ok la. IX 6.) 
 Requirements 
 
 In transmission of messages business, must receive and transmit mes- 
 sages from, and make physical with, other companies, as provided 
 by law or regulation. (Ariz. XV 9.) 
 In transportation business, must receive transport and deliver cars, 
 loaded or empty, property or passengers, without delay or dis- 
 crimination, as provided by law or regulation. (Ariz. XV 8.) 
 In transportation or transmission business, may construct and oper- 
 ate lines, make connections at state boundaries and cross, intersect 
 or connect with other public service corporations. (Ariz. XV 7.) 
 Supervision 
 
 Must submit to inspection of books and papers and examination of 
 
 officers and employees by commission under penalty of $125 to $500 
 
 per day; persons causing refusal also punished. (Okla. IX 28.) 
 
 Right of state to define duties, to control and to fix and limit charges 
 
 of public service corporations not to be surrendered or abridged. 
 
 (Va. XII 164.) 
 Taxation, See Taxation. 
 Workmen's Compensation Acts 
 
 All moneys paid under workmen's compensation acts shall be held 
 proper charge in cost of operating business of employer. (N.Y. 
 
 I 19.) 
 PUNISHMENTS, free Crimes. 
 PURE FOOD, See Public Health. 
 
 QUARTERING OF SOLDIERS IN HOUSES, .See Soldiers. 
 QUARTERLY COURTS, See Courts. 
 RAILROADS 
 
 For provisions relating to all common carriers, See Common Carriers. 
 For provisions relating to all transportation companies, See Transporta- 
 tion Companies. 
 For provisions relating to all public service corporations, See Public 
 
 Service -Corporations. 
 For provisions relating to all corporations, See Corporations. 
 Acceptance of State Constitution 
 
 " Complete acceptance " prerequisite to benefit of any future legisla : 
 
 tion. (Mo. XII 21; Okla. IX 11; Tex. X 8.) 
 Constitutional provision as to acceptance of constitution not to be 
 
 deemed to validate any charter. (Okla. IX 11.) 
 Filing of acceptance in secretary of state's office " in binding form " 
 prerequisite to benefit of any future legislation. (Ida. XI 7; Mont. 
 
 XV 8.) 
 Act of Congress 
 
 Act of April 22, 1908, relating to liability of common carriers by 
 railroad to their employees, continued in force under state. (N.M. 
 
 XXII 2.)
 
 I.MM.X I )|,,| M 
 
 RAILROADS [Cont'd) 
 Belt Lines 
 
 Exclusive or preferential contract 01 
 
 or business of conn i i forbiddi 
 
 Must allow tracks of each othei to m 
 
 reasonable or feasible (Ky. 
 Must handle freight of same cla 
 
 upon same conditions, in same manni i 
 
 same method of payment. (Ky. 2 
 Penalties prescribed for certain offei, 
 
 turns, receiving freight, discrimin 
 
 "Public belt railroad" for cit 3 oi 
 
 expenditures, privileges, control, i 
 Required to receive and d< liver, without del 
 
 other's cars and tonnage, but permittii 
 
 Bonds 
 
 Fictitious increase of indebtednet is roid [11 
 Issue legal onlj for money, labor or prop 
 applied to corporate purposes. I III. M 
 Purchase by state. See Stati I I'm:; 
 
 Purchase by municipal corporations, - 
 
 •' Mi \h rpAl 
 Books 
 
 Containing amount of assets and liabil 
 
 required to be maintained in state. (111. M D; I 
 
 15; Nebr, XI 1: X.I). VI! I40j Okla. I\ 6; S.D S \ 1 1 
 
 Containing names and amour) 
 
 transfers of stock to be Kepi al offici 
 
 state. (Ark. XVI] 2; 111. XI 9; I 
 
 N.D. VII 140; Okla. IX 6; Pa. XVII 2; S.D. XVII 
 Containing names and residences of of) 
 
 required to be maintained in state. I Vrk. \\ II 2; 111 N 
 
 273: Mo. XIT 15; Nebr. XI 1: N'.D. VII 14 
 
 XVII 2; S.D. XVII 12; Tex. X 3.) 
 Foreign corporations excepted from provi 
 
 keeping of books within 3tate. (N.D \ ' I 
 Legislature or corporation commission i lire i 
 
 to I 
 Open to inspection of stockholders. (0 
 Open to inspection of stockholdei 
 
 XI 9; Pa. XVII 2; Tex. X 
 Open to "public inspection ". (1 
 
 N.D. VII 140; S.D. X\ II 12. 
 Branch Roads 
 
 Legislature may permit amendment of I 
 
 permit it to take stock in or build brai 
 
 that it must accept constitution. (Ga. IN Sec. 11 8.)
 
 1222 State Constitutions 
 
 RAILROADS (Cont'd) 
 
 Cars or Motive Power 
 
 See below, this title, Rolling Stock. 
 
 Preferences in furnishing, See below, this title, Discrimination. 
 
 Charters 
 
 Attempt to evade constitutional provisions as to consolidation works 
 forfeiture of charter. (X.D. VII 141; S.D. XVII 14.) 
 
 Corporate powers and privileges issued and granted by secretary of 
 state, as prescribed by law, or by other person named by law if he 
 is disqualified. (Ga. Ill Sec. VII 18.) 
 
 Legislature may not pass local or special laws incorporating rail- 
 roads. (Okla. V 46; Tex. Ill 56.) 
 
 Legislature may prescribe penalties, by way of regulation, to extent 
 of forfeiture of franchise. (Miss. VII 186.) 
 
 Combinations 
 
 Sec also Monopolies and Trusts. 
 
 With vessels or common carriers by which earnings of one doing 
 carrying to be shared by other not doing carrying, prohibited. (Ky. 
 
 201; Wash. XII 14.) 
 Consolidation. See beloic, tliis title, Consolidation. 
 
 Commissions to Regulate Railroads, See Public Service Commissions. 
 
 As Common Carriers 
 
 Declared to be common carriers. (Ala. XII 242; Ark. XVII 1; 
 
 Colo. XV 4; La. 272; Mo. XII 14; Pa. XVII 1; S.D. XVII 15; 
 
 Tex. X 2; Wyo. X Corporations 7. X Railroads 2.) 
 
 Declared to be common carriers and subject to legislative control. 
 
 (Ariz. XV 10; Cal. XII 17; Ida. XI 5; Mont, XV 5; N.D. VII 
 
 142; Utah XII 12.) 
 Railroads carrying persons or property for hire are common carriers. 
 
 (Miss. VII 184.) 
 Commutation Tickets, See below, this title, Passes and Reduced Rates. 
 
 Competing Lines, See below, this title, Parallel or Competing Lines. 
 
 Connections and Crossings 
 
 Grain must be delivered at any elevator or warehouse reached by a 
 railroad's tracks, and warehouses- or coal yards allowed to make 
 
 connections. (111. XIII 5.) 
 Crossings upon and alongside of roadbeds can be required by corpora- 
 tion commission; orders thereon may be removed to supreme court. 
 
 (N.M. XI 7.) 
 Must allow each other's tracks to unite, intersect and cross where 
 
 reasonable or feasible. (Ky. 216.) 
 .Must form proper connections, if of same gauge, at crossings and all 
 points at or near the termination of another road. (Wash. XII 
 
 13.) 
 
 Must receive and deliver each other's cars and freight in carloads or 
 
 less quantities without delay or discrimination; provision does 
 
 not require permitting use of tracks by another company. (Ky. 
 
 213.)
 
 1 \ I » I X I » I . 
 
 RAILROADS [Cont'd) 
 Connections and ( k 
 
 .Musi receive and tvanspoi 
 cars, loaded or enrptj . with 
 212; Ark. \ \ I I I ; i ., I. \ | | | ; | 
 Ml L3; Nl'. \ II 1*3; Pa, Will:- I 
 Wash: \l I 13; Wyo, \ Railroi 
 Must receive and transport each oil 
 ca is. Loaded or eniptj . without del 
 regulations as prescribed by law "i 
 
 Must receive ami trctrtsport p 
 
 empty, deliver* d to ii bj othei i ailrn i 
 
 i ion road oi' i ransmittiug In 
 
 Must receive eafeh 61 her's cai -. I nnu ige 
 
 in- (liscriininal inn. a- i egulal ed I \ 
 Penalties prescribed for cerl am offen 
 
 tinns. receiving freight, etC4 (Ky. 21 
 Railroad seeking td arose 1 at grade musi 
 
 by commission ; cos4 borne equally 
 
 siding crossings; (Okla. 1\ 27.' 
 Right of domestic railroad to rat 
 
 railroad, street railway. Iran-] 
 
 Right &i ewr\ railroad to intersex 
 
 railroads, as permitted by commission, d< 
 
 Right of e\ery railroad to int.. tnnecl wit 
 
 roads, delated. (Ala. Mi 242; Ark. M 11 
 XV 4; La. 271: Alt-. VI! 184; Mo. Ml 1 
 VII 14.3: Okla. IX 2: Pa. MM L; S.D. Mil L< 
 Xll L66; Wash. Ml L3; Wyo. \ Railr. 
 
 Right of every railroad to intei 
 railroads, under regulation ar, 
 
 : 
 
 Right to connect a' -tat. line with rai 
 
 (Ala Ml 242: Ark. MM 1: Cal. 
 
 La 271; Mo. XII 13; Mont. XI 5; M - VI 
 
 Okla. IX 2; Pa. \\H I— ' «•••< SVII H 
 
 Wash. XI! 13; Wyo. X Etailroa la I. 
 •• Running contract- " diseriminat n 
 
 ing lines to be prohibited by Lcgi< 
 Switches may I rdered bj commi 
 
 nsaki | cost)) railroad to furni 
 
 ti( , n . a1 cos i of industry, and d 
 
 for refusal, $500 
 Switches may be ordered 
 
 , .mi-ion. where ceasonablj i 
 
 Traek connections for grain . 
 
 or coal van! musi be permitted b :
 
 1224 State Constitutions 
 
 RAILROADS (Cont'd) 
 
 Consent of Local Authorities 
 
 No law to be passed by legislature granting right to construct and 
 operate railroads, without first obtaining consent of local authori- 
 ties in control of streets or public places proposed to be occupied 
 for any such or like purposes. (S.C. VIII 8.) 
 To construction and operation in cities, towns and villages, See the 
 subhead Public Utilities under the specific title. 
 Consolidation 
 
 See also above, this title, Combinations. 
 
 Allowed only with foreign road where consolidated company becomes 
 
 domestic corporation. (Miss. VII 197; S.C. IX 8.) 
 Allowed with Avritten consent of corporation commission; legislature 
 
 may further limit right to consolidate. (Okla. IX 9.) 
 Attempt to accomplish objects forbidden by constitution through 
 
 holding companies, control of stock, forbidden. (S.C. IX 19.) 
 Attempt to evade provisions as to consolidation, by lease or other- 
 wise, works forfeiture of charter. (N.D. VII 141; S.D. XVII 14.) 
 Combination of contract with vessel leaving or making port in state, 
 or with other common carrier, by which earnings of one doing 
 carrying to be shared by other not doing carrying, prohibited. 
 (Cal. XII 20; Ky. 201; Wash. XII 14.) 
 Public notice of at least 60 days, as law may provide, required. 
 (111. XI 11; La. 274; Mich. XII 8; Mo. XII 18; Nebr. XI 3; 
 N.D. VII 141; S.D. XVII 14.) 
 With foreign railroad not to make domestic railroad a foreign cor- 
 poration ; state courts to retain jurisdiction as if no consolidation. 
 
 (La. 274; Mo. XII 18.) 
 With other railroad organized under law of other state or United 
 
 States, forbidden. (Okla. IX 9: Tex. X 6.) 
 With parallel or competing lines, See below, this title, Parallel or 
 
 Competing Lines. 
 Construction by State 
 
 Forbidden. (Ky. 177.) 
 Control, See beloiv, this title, Regulation. 
 County Seats, Stations at, See below, this title, Stations. 
 Creation, See above, this title, Charters. 
 Crossings, See above, this title, Connections and Crossings. 
 Depots, See below, this title, Stations. 
 Directors 
 
 Annual meeting in state, preceded by 30 days' public notice, 
 
 required. (Mo. XII 15; Okla. IX 6; Tex. X 3.) 
 Appointed by board of public Avorks, where state has power to 
 appoint directors, and represent state in stockholders' meetings. 
 
 (Md. XTI 2.) 
 Majority required to be residents and citizen's of state, of railroad 
 
 incorporated by state. (111. XI 11.) 
 Not to be interested in arrangement giving better terms or facilities 
 than offered general public; such arrangements void. (Ark. 
 
 XVII 5.)
 
 I M ) I \ 1 ) | . 
 
 RAILROADS (Cont'd) 
 Directors (Cont'd) 
 
 Not to be interested in furnishing m 
 
 as common carrier over works owi atrolled 
 
 Same; adds that all such contract 
 
 Not to be interested in furnishing materials 
 
 as common carrier over works owned or controlled 
 
 interest as stockholder not prohibited. 
 Reports, See below, this title, Repori 
 Discrimination 
 
 In rates, See below, this title, \l\ 
 
 "Long and short haul" provisions, 
 
 Against connecting lines, in receipt and transport 
 
 tonnage or cars, forbidden. (Ark. XVII L; 
 
 Miss. VII 184; Mo. XII 13; X.l>. \ II 
 
 1 ; S.I). Mil 
 Equal rights to all to have persons or prop* rl 
 
 XVII 3; Colo. XV 6; Mont. XV 7; Pa. XVII 
 Equal rights to all to have persons or property inn 
 
 able property may be given preferen. • ! 8 
 
 Exclusive or preferential contracts or arrangement 
 
 or business of common carrier, forbidden. I B 
 Free to all persons or property transported, undei i . 
 
 prescribed by law. (111. XI 12; Nebr. XI i ; W.Va XI 9 
 In charges or facilities for transportation of freight 
 
 forbidden. (Colo. XV 6; Ida, XI 6; Mont. N\ 7: Pa. W II ! 
 In charges or facilities in transportation between ti 
 
 •panies and individuals by abatement, drawback ■ 
 
 bidden. 
 In facilities, privileges or rate- among telegraph 
 
 hibited; general law of regulation to be passed I 
 
 \l I 
 
 Must be made by law to extend same equality and • 
 all users except employees and their famili. 
 
 gospel. (Wyo X ; 
 
 Must handle freight from same point-, upon stame i 
 manner, for same charges and for Bame ne th< 
 
 Must receive and deliver each other's 
 
 or discriminati 
 
 Must receive each other's cars, tonnage and p 
 
 or discrimination, as regulated by corns 
 Officers, directors and employe. - nol to be inl 
 
 giving better terms or facilities than offer. 
 
 arrangement void. (Ark. X\ 1 1 G 
 In rights of transportation or facilities, pi* I »«" 
 
 express companies prohibited, (Wash. XII 
 Penalties prescribed for certain offenses in mak
 
 1226 State Coxsittctions 
 
 RAILROADS {Cont'd) 
 
 Discrimination (Cont'd) 
 
 Power and duty to prevent discrimination vested in legislature.; 
 
 penalties t© jbe provided. (,Ga. J\" Sec. II 1.) 
 Preferences by company, or lessee, manager Or employee, in furnish- 
 ing ears or motive power, forbidden. (Ark. XVII ti; Coin. XV (i; 
 Ida.. XI (i; Mp: XII 23j -Mont. XV 7; Pa. XVII 7. i 
 Unjust discriminations on various railroads of state to he pro 
 
 hibited by laws passed, from lime to time. (Ga. IV See. II 1.) 
 "Running contracts" discriminating against coimeeting or inter- 
 secting lines to he prohibited by legislature. ( Alieh. XII 7. 1 
 . Transportation of freight and passengers to be .so regulated by gen- 
 
 er.aJ law. as to prevent unjust discrimination. (Ky. 10<i.) 
 Eakmxus, Tax ox. See Taxation. 
 Eminent Domain koi;. See Eminent Do.matn. 
 Employees 
 
 See nJy-o bfTfiw, phis title, Officbks. 
 
 Ascertainment of and report on salaries and wages h\ cqmmission, 
 
 and printing of same as public record, prescribed. (Okla. IX 20.) 
 
 Not to be interested in arrangement giving better terms or facilities 
 
 than offered general public; such arrangements void. (Ark. 
 
 XVII 5.) 
 
 Not to be interested in furnishing materials or -applies nor to act 
 
 as common carrier over works owned or controlled by his railroad. 
 
 (Mo. XII 22; Pa.. XVII (5.) 
 Same; adds that all sucli contracts are void. (Ark. XVII 5.) 
 Not to be interested in furnishing materials or supplies nor to act 
 as common carrier over works owned or controlled by his railroad; 
 interest as stockholder not prohibited,. ( Cal. XII IS.) 
 Liability for injuries to. See Labor — Employer's Liability. 
 Equal Rates. »sv. above, this title, Discrimination. 
 Ex( ritsiox Tickets. See beloir,, ihis liih\ Passes axd REBjtrcEl) Rates. 
 Pxe< ctiox or Attachment 
 
 Earnings, ehoses in action, nione\ or persona] property subject to 
 process or attachment in hands of ollicer. agent or employees as 
 
 in case of individuals. (Ky. 212.) 
 
 Ileal or personal property liable to execution or sale as in case of 
 
 individuals; no law to be passed exempting same. (Okla. IX 7; 
 
 Tex. X 4.) 
 Rolling -lock. 8ee%cloir. litis lilh\ Rolling Stock. ■ 
 Express C'ompaxies, Privileges to 
 
 Railroads must give equal rights of transportation, facilities, privi- 
 leges and rates to all express companies. (Wash. XII 21.) 
 Eoreign Railroads 
 
 Agent to receive process in every county touched hy its line as pre- 
 requisite to doing business. ( \V\<>. X Railroads S. ) 
 Consolidation of domestic with foreign railroad does hot make 
 domestic a foreign corporation ; slate courts retain jurisdiction. 
 
 (La. 274; Mo. XII IS.)
 
 I M 1 1 \ I I , , 
 
 RAILROADS (Cont'd) 
 
 Foreign Railroads (C'oj 
 
 Excepted from proyisio.ua relal 
 
 books and annuaj repoi i - 
 Lease or operation of, 01 Lnl 
 
 corporation, forbiddi n. I \li--. \ li 
 Must incorporate under domestic law, lo ■ 
 
 domain. (K\. -l\\ ■ Nebr. \ I 
 No generaj or special law lo be p i 
 
 having existing license from tli 
 
 corporation to obtain anj Ken. 
 
 X<> license can be granted foreign rail) 
 ate in this state. < Miss. VII 19' 
 Fobeem ube of * ' 1 1 \ K 1 1 it. S< i aboi 0, th 
 Franchise, See abovei this title, < habti 
 Frekmit Rates, See below, this title, Rati 
 Grainj Transportation of 
 
 Delivery required of railr la to el 
 
 can iic peached by i rack open to u 
 Crams of Public Property to, 8e< Purln Propi 
 Grants of Pri-.i.n Lands to, Se< Pcblh L/ 
 IndebteDni 
 
 Fictitious' increase 1 of indeW id. (III. \l i 
 
 Detailed investigation and reporl nmiss 
 
 same as public record, prescribed; 
 
 Bonds, Si e dboin . this Hi 
 Interurban Railways 
 
 Fellow-servant doctrine abolished 
 
 master; act apple ' >kla. I\ 
 
 Liability 
 
 For all damages to persons or propert; 
 
 I 
 
 Limitation of liability as common carrier pro 
 
 Tn employees, See Labor Esm oi i <■■' Li 
 "Lonc ami Shout Haul" Provisions, >• 
 Mileage* Tickets, See below, this title, P 
 Motive Power, Sa below, this titl . I 
 Movable Property, See below, tint t '■■ R 
 Municipal Aid, 8* " Boroughs", "I 
 
 "MUNICIPALITIES '", -Towns-. " ToWNSHl 
 
 1 
 
 Office in State 
 
 Foreign corporations excepted from requi 
 
 Required for transaction of bus 
 
 ing I l.- for inspection, I
 
 1228 State Constitutions 
 
 RAILROADS (Cont'd) 
 
 Office in State (Cont'd) 
 
 Required for transaction of business, transfers of stock and for keep- 
 ing books for public inspection. (La. 273; Mo. XII 15; Nebr. 
 XI 1; N.D. VII 140; S.D. XVII 12.) 
 Required for transfers of stock, and for keeping books, for inspection 
 
 by stockholders. (Okla. IX 6.) 
 Required for transfers of stock, and for keeping books, for inspection 
 by stockholders or creditors. (Ark. XVII 2; Pa. XVII 2.) 
 Officers 
 
 Ascertainment of and report on salaries and wages by commission, 
 
 and printing of same as public record, prescribed. (Okla. IX 29.) 
 
 Not to be interested in arrangement giving better terms or facilities 
 
 than ottered general public ; such arrangement void. (Ark. XVII 5.) 
 
 Not to be interested in furnishing materials or supplies nor to act 
 
 as common carrier over works owned or controlled by his railroad. 
 
 (Mo. XII 22; Pa. XVII 6.) 
 
 Same; adds that all such contractc are void. (Ark. XVII 5.) 
 
 Not to be interested in furnishing materials or supplies nor to act 
 
 as common carrier over works owned or controlled by his railroad; 
 
 interest as stockholder not prohibited. (Cal. XII 18.) 
 
 No salaried officer of a railroad company eligible to legislature. 
 
 (W.Va. VI 13.) 
 Names and addresses, Bee above, tltis title, Books. 
 Parallel or Competing Lines 
 
 Every railroad whose charter permits may parallel any other road; 
 exception may be made of paralleling certain named road. (Va. 
 
 XII 166.) 
 Exclusive right to build parallel lines not to be granted any com- 
 pany. (Va. XII 166.) 
 Jury trial to determine whether railroads are parallel or competing 
 
 may be demanded. (Mo. XII 17.) 
 Jury trial to determine whether railroads are parallel or competing 
 
 may be demanded by . complainant. (S.C. IX 7.) 
 Jury trial to determine whether railroads or canals are parallel or 
 competing may be demanded by complainant. (Ark. XVII 4; 
 
 ,Pa. XVII 4.) 
 Officer of railroad not to act as officer of parallel or competing line. 
 
 (Mont. XV 6; Mo. XII 17; Tex. X 5.) 
 Officer of railroad or canal corporation not to act as officer of 
 
 parallel or competing line. (Ark. XVII 4; Pa. XVII 4.) 
 Not to consolidate capital stock, franchises or property, poll earn- 
 ings, purchase or operate, parallel or competing line. (Ky. 201.) 
 Not to consolidate stock, property or franchise with competing line. 
 
 (Wash. XII 16.) 
 Not to consolidate stock, property or franchises with competing line. 
 
 (Utah XII 13.) 
 Not to consolidate stock, property or franchise with, or obtain posses- 
 sion or control of, parallel or competing line without legislature's 
 
 consent. (W.Va. XI 11.)
 
 Index Diqesi 
 
 RAILROADS (Com 
 
 Parallel or Competing Lim 
 
 Not to consolidate stock, pn 
 
 competing line. (Colo. \\ ... 111. \l i,. 
 
 Not to consolidate . propi rtj 
 
 competing Line; attempi to i 
 feiture of charter. (N.D. \ll Ml; >.i> \ \ 1 1 
 
 Nut to consolidate stock, prop* 1 1 
 competing line nor unite busi 
 
 Not to consolidate stock, pr< p 
 competing railroad or canal, n 
 
 ■Mk. \\ II i 
 Passenger Rates, See below, this title, R 
 Passes and Reduced Ra i 
 General Prohibition 
 
 No railroad to grant passes 
 
 except officers and employees. Pa. XVI] 
 No railroad to grain passes or rcdu 
 
 numerous exceptions enumerated. (Okla. I\ 
 Legislature not prevented from extending 
 elusion of free transportation or fran 
 
 '. 
 To Public Officers Prohibited 
 
 .Member of legislature or officer i 
 
 Officer of state, legislative, executive or judii 
 
 Person holding office of honor, trusl or | 
 
 Ml 
 
 Member of legislature or salaried ..Hi. . i 
 State, district, city, town or countj 
 
 lature 
 Member of legislature, public ofl • 
 
 pointed to public office, i La. 1" 
 Member of legislature or state, disl 
 
 oil 
 
 Member of legislature or of board of equal 
 
 or municipal officer, i Mo. XI I 
 Governor, member of state board 
 
 tion commission, judge of Bup 
 
 attorney, county commissi 
 
 Member of legislature. (N.M. N 37, W 
 
 Public ..Ulcer or person ■ 
 
 un.l- 
 
 Member of legislate 
 
 Member of legislature o, person holding publi.
 
 1230 State Constitutions 
 
 RAILROADS (Cont'd) 
 
 Passes and Reduced Rates [GonVd) 
 Exceptions from Prohibition 
 
 Excursion and Commutation Tickets 
 
 Allowed at special rates. (Ark. XVII 3; Cal. XII 21; 
 
 Mo. XII 12; Okla. IX 30; S.C. IX 5; Wash. XII 15.1 
 
 Allowed at special rates, provided such rates are same to 
 
 all persons. (Ida. XI 6; Mont. XV 7.1 
 Mileage or excursion tickets not prohibited by constitution. 
 
 (La. 287.) 
 General Public 
 
 Charities, fairs, destitute or indigent, may be served free 
 
 or at reduced rates. (La. 2S7.) 
 Ministers of religion and hospital inmates may be given 
 
 free transportation. (La. 287.) 
 Numerous named classes of persons, such as those engaged 
 in religious and charitable work, destitute persons, ex- 
 soldiers, caretakers of shipments, employees of sleeping 
 and express cars, telegraph and telephone linemen, mail. 
 customs and immigration inspectors, etc.; and in ca sea 
 of "calamitous visitation". (Okla. IX 13.) 
 Public Offict rs 
 
 Members and officers of corporation commission. (Va. XII 
 
 161.) 
 
 Member of legislature who is employee of railroad at his 
 
 election may accept or procure pass for self or another, 
 
 not member of legislature or person exercising judicial 
 
 functions. (Ala. XIT 244.) 
 Xo prohibition on serving state or city, parish or town 
 
 government, free or at reduced rates. (La. 2S7.) 
 Policemen and firemen, while in discharge of duties, may be 
 
 transported free by street railways. I Va. XII 165.) 
 Railroad commi-ssioners. (Cal. XIT ID; Miss. VII 188.) 
 Railroad Officials; and Employees 
 
 Employees elected to legislature may accept or procure pass 
 for self or another, not member of legislature or person 
 exercising judicial fund inns. (Ala. XII 244; ) 
 Officers, agents, employees, attorneys, stockholders or di- 
 rectors, "unless otherwise provided for by this constitu- 
 tion". (La. 287.) 
 Officers and employees. (Pa. XVII 8.) / 
 
 Penalties 
 
 Generally 
 
 Legislature shall prevent by law granting of pass in pro- 
 hibited cases. (Ark. XVII 7.1 
 Legislature shall enact laws for detection, prevention and 
 
 punishment of violations. (Miss. VII 188.) 
 Legislature shall pass laws to enforce constitutional pro- 
 visions. (Wash. II 39. XII 20.)
 
 i.\i)i:\ DigIest 
 
 RAILROADS (Cont'd) 
 
 Passes and Reduced Rates (Co 
 Penalties {Cont'd • 
 
 '/. hi rally i ( 'ont'd i 
 
 Legislature shall pro* ide " Suitable pwial 
 
 Recipii m guilty i • legislature ah ill 
 
 tii 
 On Public <)j!< Prohil U ■ I /..■ 
 
 Forfeits office. (Gal. XI] 19'; Mo. Ml .' 
 Fo'rfeits office and i- lt 1 1 i 1 1 \ 
 
 Forfeits office and shall be - 
 
 may be prescribed by law. (La. L91 ; Va. \ll 
 
 Forfeits office; legislature shall enacl i 
 
 ■ 
 
 Guilty of misdemeanor and foi 
 
 I.Y. •■ I : 
 
 Guilty of misdemeanor; line of no1 ovi 
 t i' in of court imprisonment, aot • 
 to impeachment and removal; constitutional • 
 be charged to grand jury; jurisdiction of off< -< 
 
 On Railroads 
 
 Corporation, or officer or agenl thereof, guiltj 
 
 meahdr and liable to punishment. (N.Y. Kill 
 Corporation, or 'Hirer of agent thereof, liabb I 
 
 snil to be bfoUght at domicile 
 
 Guilty of crime; legislature shall provide 
 
 l\ 
 
 LegislatUfe shall provide " heavy 
 
 Testimony as to Violations 
 
 May be required of all person- b\ I 
 petted to te-tity. (La. 191; N.Y. XIII 
 Place <>; BtWfflttSS ■• this title, OffiCT r» 
 
 POWEH 0] < -o-^TRt'OTIO-V A.\I) OPERAl 
 
 Expressh conferred between any point- in 
 \rk XVII 1: Colo. XV 4; Ida. XI 5; 1 
 Mo XII 1.3'; Mont. XV 5; N.M. X] 18; tf.D. VII 
 TV 2> Pa XVH 1: S.l'. XVII 16; Tex. X 1; V 
 
 Connection*, X- above, this title, i 
 Pbefekencks. Sfe, above, this title, Discrimiic.m 
 
 As Public Highways 
 
 Declaredtb be ^He-highways. (Am. X 10; Ark 
 
 XVI:M, NIT.: Hi- M 125 '---- M " X ', V 
 Nebr \I H &D. VII 142! Oklfc. 1' 
 15: Tex. X 2; . XI 9;
 
 1232 State Constitutions 
 
 RAILROADS {Cont'd) 
 
 As Public Highways (Cont'd) 
 
 Declared to be public highways if carrying persons or property for 
 
 hire. (Miss. VII 184.) 
 Declared to be public highways if not constructed and used exclu- 
 sively for private purposes. (Ala. XII 242.) 
 Equality of treatment, See above, this title, Discrimination. 
 Railroad Commissions, See Public Service Commissions. 
 Railway Bridge Companies 
 
 Exclusive or preferential contracts or arrangements respecting 
 
 freight or business of common carriers forbidden. (Ky. 214.) 
 Must allow tracks of each other to unite, intersect and cross, where 
 
 reasonable or feasible. (Ky. 216.) 
 Must handle freight of same class for all to and from same points 
 upon same conditions, in same manner, for same charges and for 
 same method of payment. (Ky. 215.) 
 Penalties prescribed for certain offenses as to making connections, 
 
 receiving freight, discriminations and preferences. (Ky. 217.) 
 Required to receive and deliver, without delay or discrimination, 
 each other's cars and tonnage, but permitting use of tracks not 
 
 required. (Ky. 213.) 
 Rates 
 
 Commutation, Sec above, this title, Passes and Reduced Rates. 
 Discrimination 
 
 Among express companies in rates for transportation of men or 
 
 materials, or of property carried by them, or for doing business 
 
 of such companies, prohibited. (Wash. XII 21.) 
 
 Among telegraph companies in rates for transportation of men or 
 
 material, prohibited; general law to be passed thereon. (Wash. 
 
 XII 19.) 
 Drawbacks and rebatement of insurance, freight, wharfage, stor- 
 age, etc., to person other than owner, prohibited and to be 
 made punishable by legislature. (Tex. XVI 25.) 
 Freight of same class must be handled for all for same charges 
 
 and for same method of payment. (Ky. 215.) 
 In transportation between transportation companies and individ- 
 uals by abatement, drawback or otherwise, forbidden. (Mo. 
 
 XII 23.) 
 In transportation of freight or passengers, forbidden. (Colo. XV 
 
 6; Ida. XI 6; Mont. XV 7; Pa. XVII 3.) 
 Must handle freight of same class for all to and from same 
 points, upon same conditions, in same manner, for same charges 
 and for same method of payment. (Ky. 215.) 
 Must receive and handle cars and freight of connections without 
 discrimination in rates or drawbacks or rebates. (Ky. 215.) 
 Railroad commission may make competition rates at junctional 
 and competitive points to meet water competition or com- 
 petition of points in other states. (S.C. IX 5.)
 
 I.mm:\ Diassi 
 
 
 RAILROADS {Cont'd) 
 Rates {Cont'd) 
 
 Discrimination {ConV 
 
 Rebate or bonus or any acl to dcceiv< | 
 charged fur freighl or pa 
 illegal and void; penaltii - to be pr< 
 
 Excursion Tickets, See above, this title, I 
 " Long and Short Haul " Provisions 
 
 Persons and propertj to be delivered 
 greater charge than for Bame clase in 
 distant station-, excursion and commutatii 
 
 (A ik. W i 
 Persons and property to be delivered at an) 
 port at no greater charge than fi 
 tion to more distant station, port 01 landing; 
 commutation tickets permitted. (Cal. Ml 
 Persons and property to be transported at ch 
 charge for same class to more distanl point within 
 
 M - 
 Persons and property to be transported at cb 
 charges for same class over same lii 
 substantially similar circumstances and coi lit 
 distant point; railroad commission maj i 
 
 Unlawful to charge for freighl or passenj 
 
 less than for greater distance; Legislature to pa« 
 enforce provision; excursion and commul 
 
 mitt 
 
 Unlawful to charge for freighl or pa 
 
 for less than for greater distance, unless alb 
 commission; mileage or excursion ti 
 
 Railroad commission may make competitive i 
 and competitive points to meet watei 
 tion of points in oilier states. (S.C. IX 
 Maximum Rates 
 
 Legislature may fix ret ■ maximum 
 
 and freight or delegate power to a 
 
 Legislature to establish maximum 
 
 freight, and provide penalties VIo. Ml 14; H N < 
 
 Legislature to establish reasonable maximu 
 and freight. (111. M 12; Nebr \l • 
 
 Passenger fare not to exceed two • 
 provided by law, or exemption n 
 of insufficiencj ; streel and i le< tri 
 
 Mileage Tickets, See above, this titU Pi
 
 1234 State Constitution s 
 
 RAILROADS [Cont'd) 
 Rates (Cont'd) 
 
 Passes and Reduced Rates, See abovi . this title. Passes ash Reduced 
 
 Rates. 
 Penalties 
 
 For certain unlawful rates, $2,000 to forfeiture of charter or 
 
 license. ( Ky. 217.) 
 For unlawful rates or violating orders, etc.. of railroad commis- 
 sion. $100 to $5,000: (La. 286.) 
 Regulation by Commission 
 
 Adjustment between trunk and branch lines to be by railroad 
 
 commission. (La. 284.) 
 Corporation commission fixes and controls rates; either commis- 
 sion or railroad may remove case to supreme court; enforce- 
 ment rests with supreme court. (N,M; XI 7.) 
 Railroad commission may fix rates when power to do so is con- 
 ferred by legislature; (Gal. XII 23. » 
 Railroad commission may make competitive rates at junctional 
 and competitive points to meet water competition or com- 
 petition of points in other states. (S.C. IX 5.) 
 Remain in effect as fixed by railroad commission until set aside: 
 penalty payable state for each day sustained rate was sus- 
 pended by suit, (La. 286.) 
 Subject to regulation and change by railroad commission. (La. 
 
 2S4.) 
 Regulation by Legislature 
 
 Drawback, rebatement of insurance, freight, wharfage, storage. 
 etc., to person other than owner, to lie penalized. (Tex. XVI 
 
 25.) 
 
 Legislature may regulate and control rates for pafcsengers and 
 
 freight ; appeal to courts allowed, and rates fixed standing 
 
 pending appeal. (X.D. VII 142.) 
 
 Legislature's power to regulate rates not denied or restricted 
 
 by prohibition of private or special laws in certain cases. 
 
 (Xev. IV 20; Utah VI 26.) 
 Legislature to pass laws to prevent unjust discriminations and 
 require reasonable and just freight and passenger tariffs; 
 penalties to be provided. (("4a. IV Sec. II 1.) 
 Legislature to prevent discrimination and excessive charges, pro- 
 vide penalties and create necessary offices and commissions. 
 
 (Ark. XVII 10.) 
 
 Legislature to prevent discrimination between through and local 
 
 or way freight and passenger tariffs, and provide penalties. 
 
 (W.Va. XI 0.) 
 
 Legislature to prevent unjust discrimination and extortion in 
 
 freight and passenger tariffs and enforce laws by adequate 
 
 penalties. (Ala. XII 243: Md. XII 14; Utah XII 15; Wash. 
 
 XII 18.)
 
 I 01 I i 
 
 RAILROADS (Gonf 
 Rates (Cont'd) 
 
 Regulation by Legislature i 
 
 Legislature to preverrt tuijnal di 
 passenger and freighl i 
 
 Legislature to prevent unjust di 
 
 passenger and freighl tatirl 
 
 and franchisi - 111. XI 15; 
 Legislatun to regulal 
 
 abuses', prevent discrimination and 
 
 penalties; for these pui 
 
 • 
 Rebate, bonus ot anj 
 
 be penalized. (Ala. XII 2 
 Rights of telegraph and tele] 
 
 railroad to be secured by gem 
 Subject, as edmrnon can 
 
 trol for pas 
 
 Subject to legislative regulation and 
 
 fr. 
 Rebates. See above, this title, Rates — Discbiki iai 
 
 Regelation 
 
 Of rates. See above, this title, Rai 
 Corporation commission must keep im 
 
 dition of railroads. (Okla. LX 18; Va, XII 
 Domestic railroad consolidated with foreign rat 
 
 Legislature to enact laws for supervisii 
 sion or otherwise, and to provide adequal 
 foEfeHJnre' of franchise. (Miss. VI] '- 
 
 Legislature to pass law 
 
 excessive charges; provide penaH 
 
 I commit 
 
 Legislature to provide for correctl i 
 
 just rights of public and provide ; 
 Must submit to inspection of 
 
 ollicers and empfoyei - bj 
 
 $500 per daj : !'■ rsons refusing also pui 
 Railroad comm vested with contr 
 
 rates onlv when p >wer to do 
 
 Railroad commission vested witl 
 railroad-; court rtsview provided 
 
 I • 
 
 Railroads declai 
 
 Transportation of freight and 
 ehul tav is to prevent m
 
 1236 State Constitutions 
 
 RAILROADS (Cont'd) 
 
 Repeal of Constitutional Provisions by Legislature 
 
 After designated date legislature given power to repeal certain 
 provisions of constitution relating to certain classes of public 
 service corporations, their rates, facilities, etc. (Okla. IX 35.) 
 After a designated date, legislature given power to repeal certain 
 provisions of constitution relating to corporation commission, its 
 powers and duties and procedure on appeal therefrom. (Okla. IX 
 
 35; Va. XII 156 (1).) 
 Reports 
 
 Annual, by directors, under oath, to auditor of public accounts or 
 other designated officer; contents may be prescribed by law; 
 penalty to be provided. (111. XI 9; N.D. VII 140; S.D. XVII 12.) 
 Annual, by directors, under oath, to auditor of public accounts or 
 other designated officer; of amount from passengers and freight 
 and as otherwise prescribed; penalty to be provided. (Nebr. XI 1.) 
 Annual, by directors, under oath, to auditor of public accounts; con- 
 tents may be prescribed by law; penalty to be provided. (Ark. 
 
 XVII 13.) 
 
 Annual, by directors, under oath, to state auditor or other designated 
 
 officer; contents may be prescribed; penalty to be provided. (Mo. 
 
 XII 15.) 
 Annual, by president or superintendent, under oath, to comptroller or 
 governor; contents may be prescribed by law; penalty to be pro- 
 vided for failure. (Tex. X 3.) 
 Annual, by president or superintendent, under oath, to corporation 
 commission ; other reports may be required ; penalties to be pro- 
 vided. (Okla. IX 6.) 
 Annual, by " proper officers ", under oath, to auditor of public ac- 
 counts, or some officer designated by law; contents to be pre- 
 scribed; penalties to be prescribed for failure. (W.Va. XI 7.) 
 Annual report formerly made to board of public works to be made 
 to corporation commission by railroads not exempt from taxation by 
 charter, showing property taxable in state on June 30th preceding 
 and total gross transportation receipts for year ending that date. 
 
 (Va. XIII 179.) 
 Annual, to auditor of state of business within state. (Wyo. X 
 
 Railroads 3. ) 
 Foreign railroads excepted from requirements as to reports. (N.D. 
 
 VII 140.) 
 Right of Way 
 
 State corporation commission may require crossings, culverts and 
 sidings; removal of order to supreme court permitted. (N.M. 
 
 XI 7.) 
 Taking of land for, See Eminent Domain. 
 Over public lands, See Public Lands — Right of Way Over. 
 Grant for stations, See below, this title, Stations. 
 Rolling Stock 
 
 "And all other movable property" considered personal property; 
 liable to execution and sale like individual's property. (Ky. 212.)
 
 Index I ' 
 
 RAILROADS (Cont'd) 
 
 Rolling Stock (Cont'd) 
 
 "And all other movable propertj " eoni 
 liable to execution and Bale like Indii 
 lature may not exempt therefrom. 
 Mo. XII 16; Nebr. XI 2j okla. IX 7. 3.D. ■ 
 
 "And other movable propertj 
 
 to taxation, execution ami Bale like ind 
 legislature may not exempt therefrom. 
 
 Conductors and engineers voluntarily operating ui 
 not to have benefit of certain sections refen 
 juries of railroad employees. (Misa \ i: 
 Considered personal property and liable to execut 
 
 VI l - 
 Corporation commission to regulate supply i 
 for shippers and passengers; order thereon n 
 
 BU[>r. me court 
 Preferences in furnishing cars or motive poi 
 
 I 
 Safety Appliances 
 
 Corporation commission may require of " interstate rail 
 portation companies and common carriers " BUch i 
 appliances as necessary or proper 
 and as required by federal laws; right t.. i 
 state supreme court. iX.M. XI 7.' 
 Legislature to require, under penalties, appliai 
 tect lives, health and safety of travelers. 
 Service of Process on Foreign Railroad 
 
 As prerequisite to doing business must des 
 
 process in every county touched by its line X Rs 
 
 "Short Haul" Provisions, See above, this t\tl< . l: 
 
 State Aid 
 
 See State Debt — Purposes —Am to I'm w; 
 
 See State Finances — Ex it. m » m i : i v 
 State as owner of securities, Bee PUBLIC PBOPl I 
 State Lien on, See Public Peopebtx I 
 
 Stations 
 
 At county seats where railroad pa- 
 provided no natural obstacles, and rig bm » 
 by local authorities. (Okla. 13 
 At county seats where railroad within I 
 provided no natural obstacles, and right o! • 
 by town or its citizens and sufficient ground f 
 
 pui 
 Same; instances " natural obstacles" as'
 
 1238 State ( 'oxstti i'Tions 
 
 RAILROADS (Cont'd) 
 
 Stations {Cont'd) 
 
 At nearest practicable point required of railroads within four miles 
 "of any existing town or city", and stopping of all local trains. 
 
 I \\ yo. X Railroads 9.) 
 
 Deviation from " most direct practicable line " to avoid provision of 
 
 constitution requiring stations, prohibited. (Wyo. X Railroads 9.) 
 
 Legislature may regulate location and building of passenger and 
 
 freight stations. (Ala. XI] 243.) 
 
 Maintenance of adequate, comfortable and clean depots for passengers 
 
 and adequate and suitable depots for freight, required. (Okla. 
 
 IX 26.) 
 Railroad commission may regulate building and maintenance. (La. 
 
 284. ) 
 
 State corporation commission may require adequate buildings and 
 
 agents for passengers, freight and express; order reviewable by 
 
 supreme court. (X.M. XI 7.) 
 To be required " in the law regulating railway companies ", where 
 railroad runs through or within half mile of town or village of 
 300 or more inhabitants. ( W.Va. XI 10.) 
 Stock 
 
 Increase of capital stock requires 60 days' public notice, as may 
 
 be provided by law. (111. XI 13; N.ebr. XI 5.) 
 Issue permitted only for money, labor or property actually received 
 
 and applied to corporate purposes. (111. XI 13; N.ebr. XI 5.) 
 Stock dividends " and other fictitious increase of capital stock or 
 
 indebtedness", void. (111. XI 13; Xebr. XI 5.) 
 Rooks, See above, this title, Books. 
 
 Holdings in parallel or competing lines, See above, this title, 
 
 Parallel or Competing Lines. 
 Stockholders 
 
 Individual liability for dues from corporations does not apply to 
 
 stockholders of railroad corporations. (Kan. XII 2.) 
 Directors appointed by board of public works represent state at 
 
 stockholders' meetings. (Md. XII 2.) 
 State as stockholder. See Public Property. 
 
 Municipality as stocknpldjer, See " Boroughs " " Cities ", " Coun- 
 ties ", " Districts ", " Municipalities ", " Towns ", " Villages". 
 Street Railroads. See Street Railroads. 
 Switches, See above, this title, Connections and Crossings. 
 Tariffs, See above, this title. Rates. 
 Taxation, See Taxation. 
 Telegraph Companies, Privileges to 
 
 Railroads must permit construction and maintenance of lines along 
 rights of way; equal facilities, privileges and rates to all com- 
 panies; general law to be passed thereon. (Wash. XII 19.) 
 Telephone Companies, Privileges to 
 
 Railroads must permit construction and maintenance of lines along 
 rights of way; general law to be passed thereon. (Wash. XII 19.)
 
 I \ i ' i \ U jo] 
 
 RAILROADS [Ton/,/ 
 TRACKS 
 
 (Amm etior, -. -v, . ,,! . (his till 
 
 Lev pf land taken without ov 
 owner. (111. II 13; \;,,. | 
 
 Legislature not to grant i 
 or special Laws. I olo. \ 23; M 
 09; N.J. IV Sec. \u Li ; n.m ,, 
 
 Legislature npt to grant righl 
 
 or special laws, or ami 
 
 Legislature not t>. grant right to 
 tracks by. local, private • : 
 scribed by general law. 
 
 Legislature not to grant right t,, ! 
 way by local or special law -. 
 
 Use of track- bj other ra 
 
 must be made for cars and fr< '.. 
 
 State corporation commission tnaj i iqu 
 sidings upon and ab ■ 
 
 Steam railroad- may be authorj 
 under state supervision ami • 
 
 TbAXSFEK COMPANIES ■ 
 
 Exclusive or preferential contracts 
 or business of comrxu i 
 
 Must allow tracks of each 
 
 reasonable or feas I Ky. 2 
 
 Must handle freight of sam 
 
 upon same conditions, in same mam 
 same method of paymentt. I i 
 
 Penalties prescribed for certain i 
 receiving freight, discriminaitions 
 
 Required to receive and deliver, without d< 
 other's cars and tonnage, but permittii 
 
 Transportation of Own Produ< rs 
 
 Railroad not to transport articles mai 
 
 by it. or in which it has 
 business as common carrier. 
 Any mining company may carry produ 
 railroad no1 over 50 miles long. I Pa. X\ I 
 
 Tui'NK KaII ROADS 
 
 Exeepted from provision lim I 
 by a county, taxini 

 
 1240 State Constitutions 
 
 RAILROADS (Cont'd) 
 
 Trunk Railroads (Cont'd) 
 
 Railroad commission " to fix and adjust rates between branch or 
 short lines and the great trunk lines with which they connect ". 
 
 (La. 284.) 
 " Two-Cent Law ", See above, this title, Rates. 
 Valuation 
 
 Physical valuation and detailed report on indebtedness, judicial sales, 
 salaries and wages, to be made by commission and printed as pub- 
 lic record. (Okla. IX 29.) 
 REBATES 
 
 By a particular class of corpora I ions, See the specific title. 
 Drawbacks and rebatement of insurance, freight, transportation, car- 
 riage, wharfage, storage, compressing, baling, repairing or for any other 
 kind of labor or service, of or to any cotton, grain, or any other pro- 
 duce or article of commerce in state paid, or allowed, or contracted for 
 to any common carrier, shipper, merchant, commission merchant, factor, 
 agent or middleman of any kind not true and absolute owner, are for- 
 ever prohibited; and legislature to provide for punishing persons in 
 state, who pay, receive, or contract for or respecting the same. (Tex. 
 
 XVI 25.) 
 Any person having knowledge or possession of facts tending to establish 
 guilt of any other person or corporation charged with illegal rebating, 
 not to be excused from giving testimony or producing evidence when 
 legally called on to do so, on ground that it may tend to incriminate 
 him under laws of state; but no person to be prosecuted or subject to 
 penalty or forfeiture for or on account of any transaction, matter or 
 thing concerning which he may so testify or produce evidence. (Ariz. 
 
 II 19.) 
 RECALL OF JUDICIAL DECISIONS, See Courts — Decisions. 
 
 RECALL OF PUBLIC OFFICERS 
 
 Not Exclusive Method of Removal 
 
 Not to be deemed exclusive of other remedies for removal from office. 
 
 (Kan. IV 3 (1914).) 
 In addition to other methods of removal provided by law. (Cal. 
 
 XXIII 1.) 
 Same; adds "and without excluding" after "to". (Colo. XXI 1.) 
 Officers Subject to Recall 
 Classes 
 
 For provisions relating specifically to local officers, See below, 
 
 this title, Recall of Local Officers. 
 Every public officer in state. (Nev. II 9; Ore. II 18.) 
 Every public officer holding either by election or appointment. 
 
 (Kan. IV 3 (1914).) 
 Every public officer in state, except judicial officers. (Ida. VI 6.) 
 Every public officer in state holding elective office by election 
 
 or appointment. (Ariz. VIII Pt. I 1.) 
 Every elective public officer of state. (Cal. XXIII 1.)
 
 Index Diqj -i 
 
 RECALL OF PUBLIC OFFICERS /, 
 
 Officebs Subject to Recall ( < 
 Classes (Cont'd) 
 
 Same; "every person having authorit 
 public or governmental duty, pow< 
 live officer, or one appoinl 
 ance with law by 
 
 commission, pers , persona l< 
 
 officer or officers, each of win 
 subject to recall provision of 
 
 Every elective public officer in stal 
 
 All elective officer-, except judges of 
 of like jurisdiction (laws shall tw 
 
 call 
 
 Any officer of state or of any district 
 any officer of parish or ward then 
 cipality or ward thereof (except judges of a 
 of state, judges of the various citj 
 peace) holding office by virtue of election 
 voters of state or of district, judicia 
 parish or ward thereof, or of municipality or 9 
 
 Length of Service 
 
 No officer subject to recall until after he ha 
 
 year. 
 
 Must have actually held office for -i\ month-, but 
 be filed against member of Legislature anj tin 
 from convening and organizing of legislatun 
 tion. (Cal. XXIII 1; Colo. XXJ 
 
 Must have held office for six months, but pi I 
 against member of legislature anj time 
 beginning of first session after election. 
 
 Same; 10 days. (Nev. II 9.) 
 Effect of Prior Recall Election 
 
 Same officer not subject to recall during that 
 
 No proceedings to be initial' 
 
 months after recall election. (Cal. WIN 
 
 No further petition to be Bled 
 
 for which elected, unless petition signed I 
 50 per cent, of vote- casi at lasl | 
 for all candidates for office held bj 
 above defined". Se entrj foi 
 "Number of Sigb mm - B
 
 1242 State CoxsTirrnoNs 
 
 RECALL OF PUBLIC OFFICERS {Cont'd} 
 Officers Subject to Recall (Cont'd) 
 
 Effect of Prior Recall Election [Cont'd) 
 
 Xo further petition 1 to be filed against same officer during term 
 for which elected, unless signers first reimburse treasury for 
 expenses of preceding election. (Ariz. VIII Pt. I 5; Nev. II 
 
 9; Ore. II 18.) 
 Persons Who May Recall 
 
 As to ioh'o may sign petition. See hrloir. this title. Who May Sign 
 
 Petition. 
 As to who may rote on question of recall, See below, Hi is title, Elec- 
 tion — Qltalifications of Voters. 
 To Whom Petition Addressed 
 
 Secretary of state. (Cal. XXIII 1.) 
 Contents of Petition 
 
 Statement of Grounds for Recall 
 Required Statements 
 
 Demand for recall, recital that officer has committed act or 
 acts of malfeasam :e or misfeasance while in office, or has 
 violated oath of office, statement of matters complained of. 
 
 (Wash. I 33.) 
 Rrasons for recall. (Ore. TI IS.) 
 
 General statement of grounds on which removal sought. 
 
 (Cal. XXIII 1.) 
 
 General statement in not over 200 words of grounds on 
 
 which recall demanded. (Ariz. VIII Pt. I 2; Colo. XXI 1.) 
 
 Reasons for recall, in not more than 200 words. (Kan. IV 
 
 4 (1014) ; Nev. II 0.) 
 Purpose of Statement 
 
 Intended solely for information of electors and sufficiency 
 not open to review. (Cal. XXIII 1; Colo. XXI 1. 2.) 
 Demand for Election of Successor. (Cal. XXIII 1: Colo. XXI 1.) 
 Form of Petition 
 
 To be prescribed by legislature. (La. 223 (2) 1014.) 
 Notice to ! ncumbent 
 
 Notice of intention to circulate petition, together with statement of 
 reasons why recall is sought, to be given to incumbent in manner 
 provided by law. (La. 223 (2) 1014.) 
 Circulation of Petition 
 
 Any qualified elector of state to be competent to solicit signatures 
 in count v. or city and county, of which he is elector. (Cal. 
 
 XXIII 1.) 
 Must be circulated in at least five counties of state 1 , in case of recall 
 
 of officer elected in state at large. (Cal. XXIII 1.) 
 Circulation in sections. She' belbih, (Ms title. Sections of Petition. 
 Slctions of I'KTniox 
 Allowed 
 
 Signatures need not all be on one sheet. (Ariz. VIII Pt. I 2; 
 
 Colo. XXI 2.)
 
 I \ i . i D 
 
 RECALL OF PUBLIC OFFICERS I 
 Sections of I'i rn t6? | ( onfd) 
 Allowed {Cont'd) 
 
 May be presented in sections 
 Petition's may be circulated 
 
 Requirements 
 
 Each section to contain full and 
 
 of petitidii; (Cal. Will I • I 
 Each sectibn to beai nam,, of ■ 
 
 which circulated, ami only qualil 
 
 or city and countj . may - 
 Affidavit ><( circulator. S 
 
 Number of Signatures for Each Section 
 
 At pleasure of person solieitii 
 Filing, See belottf, this title, Kiir\<. mi p 
 Number of Signatures Required-on Petitk 
 On each xrrim,, ,>' petition, > 
 
 // recall election already In hi. Set ./'...■■. ■ 
 
 JECT tii Km \l.I. — EFFECT OF PrTOB III' \M 
 Presitniptidn of req'uis 
 
 Ten per cent, of . ' ate, qualifiie 
 
 officer; 15 per cent, of electors for recall ol 
 trie! fess than statfe! and 
 pointed by him: 25 per cent, of electoi qw 
 of officer elected in comity, district or mill 
 or officer appointed by any such officer. (Kan I' 
 
 Equal to 12 per cent, of entire • 
 for all candidates for oilier occupied by in 
 incumbent is state officer elected in political subdivi 
 and if incuniheut elected in stftl 
 least five counties, signatures of nun 
 1 per cent, of entire cote ca-t in 
 all candidates for office occupied bi inei 
 
 Equal to 25 per cent, of total number 
 vote at last preceding general election 
 
 l,e tl ' 
 
 Percentage computed from total nun ; 
 dates for office to which ineriml i 
 percentages to he ■• state offi 
 representatives, c'i'tj o 
 trict boards in citii 
 the first, second and third 
 political snibdn 
 school distridi riol hi i i
 
 1244 State Constitutions 
 
 RECALL OF PUBLIC OFFICERS (Cont'd) 
 
 Number of Signatures Required on Petition (Cont'd) 
 
 Equal to 25 per cent, of entire vote east at last preceding election 
 for all candidates for position occupied by incumbent; if more 
 than one person is required by law to be elected to fill office occu- 
 pied by incumbent, petition must be signed by number equal to 
 25 per cent, of entire vote cast at last preceding general election 
 for all candidates for office to which incumbent was elected as one 
 of officers thereof, said entire vote being divided by number of 
 officers elected to such office at last preceding general election. 
 
 (Colo. XXI 1.) 
 " Laws to be passed to provide for recall of elective officers, except 
 judges of courts of record and courts of like jurisdiction, upon 
 petition of 25 per cent, of number of electors who voted at pre- 
 ceding election for office of governor in their respective electoral 
 
 districts". (Mich. Ill IS.) 
 Number equal to 25 per cent, of number of votes cast at last pre- 
 ceding general election for all candidates for office held by incum- 
 bent. (Ariz. VIII Pt. I 1.) 
 Not less than 25 per cent, of qualified electors " who vote " in state 
 or in county, district or municipality electing said officer, at pre- 
 ceding election, for justice of highest court. (Nev. II 9.) 
 " There may be required 25 per cent., but not more, of number of 
 electors who voted " in incumbent's district at preceding election 
 for justice of highest court. (Ore. II 18.) 
 Who May Sign Petition 
 
 Electors entitled to vote for successor to incumbent. (Cal. XXIII 
 
 1; Colo. XXI 1.) 
 
 Legally qualified voters of state or of district, judicial or otherwise, 
 
 or of parish or ward thereof, or of municipality or ward thereof. 
 
 (La. 223 (2) 1914.) 
 Qualified electors of state or of political subdivision from which in- 
 cumbent elected. (Wash. I 33.) 
 Qualified electors of electoral district from which incumbent elected. 
 
 (Ariz. VIII Pt. II.) 
 " Laws to be passed to provide for recall of elective officers, except 
 judges of courts of record and courts of like jurisdiction, upon 
 petition of 25 per cent, of number of electors who voted at pre- 
 ceding election for office of governor in their respective electoral 
 
 districts". (Mich. Ill 18.) 
 
 " There may be required 25 per cent., but not more, of number of 
 
 electors who voted " in incumbent's district at preceding election 
 
 for justice of highest court. (Ore. II 18.) 
 
 Electors who voted in incumbent's district at preceding election for 
 
 justice of highest court. (Nev. II 9.) 
 Signers must be electors and petition must certify that signers are 
 citizens of United States and voted for officer to be recalled if 
 elected or for officer who appointed him if appointed, at last pre- 
 ceding election at which such officer was elected. (Kan. IV 
 
 4 (1914).)
 
 \ DlOE81 
 
 
 RECALL OF PUBLIC OFFICERS (Cont'd) 
 Who May Sign Petition (Com 
 Qualification presumed, >• 
 
 Manner of Signing Petition 
 
 Each signer to add date, and pla 
 
 number, if in town or city. 
 Each signer to add place of i 
 sueli exist, and election preeinct 
 Genuineness of Signatube Swobn ro 
 
 One signer of each sheet, or circulate 
 
 Person circulating sheet to aubscribe oath 01 
 
 fully made and subscribed, to be perjurj and p 
 
 Each section to have attached affid 
 
 stating his qualifications, and that a 
 
 his presence and that to best of bis km 
 
 signature is genuine; no other affidavit to 
 
 fied free of charge by any officer authorised to 
 
 . . 
 Presumption of genuineness, See below, this tit!- 
 
 Filing of Petition 
 With Whom 
 
 Authority for calling election's in -' I 
 
 visions. (Kan I\ 
 Office in which petitions for nomination to 
 
 cumbent are required to be filed. I \ri/. Vlll I' 
 
 XXI 1; Nei !' 
 Officer with whom petition for nomination 
 
 nomination to office is filed under 
 Registrar of voters (or if none, clerk) of i 
 
 county in which petition circulated. Cal. Will 1 i 
 
 Time 
 
 At least 90 days before election. I Kan. i 
 
 Filing of Sections 
 
 Each section filed with registrar of vot< 
 
 clerk) of county or citj and count} in which 
 
 sections circulated in any countj or .it. 
 
 filed at same time. (Cal. Will 
 
 In office in which petition for nomination f. 
 
 cumbent are required to be filed \\l 
 
 Examination of Sufficiency oi Petti 
 
 Presumption of Sufficiency 
 
 Petition deemed sufficient if it ap] 
 
 number of electors, unless 
 
 days after filing (detailed provisions) 
 
 Presumption of Required Number of Signatures 
 
 Tnles-, and until otherwise proven 
 
 I I.)
 
 1246 State Constitutions 
 
 RECALL OF PUBLIC OFFICERS (Cont'd) 
 
 Examination of Sufficiency of Petition {Cont'd) 
 Presumption that Signatures are Genuine 
 
 Verified petition to be prima facie evidence. (Cal. XXI IT 1.) 
 Presumption that Signers are Qualified 
 
 Verified petition to be prima facie evidence. (Cal. XXIII 1.) 
 Cmless protest in writing within 15 days after tiling (de- 
 tailed provisions). (Colo. XXI 2.) 
 Examination of Signatures 
 
 Within 20 days after riling of petition registrar of voters 
 (or if none, clerk) to finally determine from registration 
 records what number of qualified electors have signed; if 
 necessary board of supervisors to allow additional assistants 
 and provide for their compensation. (Cal. XXTTI 1.) 
 Legislature to prescribe manner of verification and ascertain- 
 ment that requisite number of legally qualified voters have 
 
 signed. (La, 223 (2) 1914.) 
 Contest as to Sufficiency 
 
 Detailed provisions for protest in writing, summary hearing be- 
 fore officer with whom petition filed, with court review; but 
 no contest allowed as to grounds assigned for recall. (Colo. 
 
 XXI 2.) 
 Amendment of Petition 
 
 If petition not sufficient it may be withdrawn by person or major- 
 ity of persons representing signers, and, within 15 days, amended 
 and refiled as an original petition. (Colo. XXI 2.) 
 Supplemental Petition 
 
 Within 40 days from transmission of petition and certificate by 
 registrar of voters or clerk to secretary of state, supplemental 
 petition, identical with original as to body, but containing sup- 
 plemental names, may be filed with registrar of voters (or if 
 none, clerk) ; registrar or clerk to make like examination as in 
 case of original petition within 10 days after filing, and to forth- 
 with attach certificate properly dated showing result of examina- 
 tion and to forthwith transmit supplemental petition, except as 
 to signatures, together with certificate, to secretary of state. (Cal. 
 
 XXIII 1.) 
 Certification of Sufficiency of Petition 
 
 Officer with whom petition filed, to make certificate of its sufficiency. 
 
 (Colo. XXI 2.) 
 Registrar of voters (or if none, clerk) upon completion or examina- 
 tion of signatures forthwith to attach to petition, his certificate. 
 properly dated, showing result and tile copy in his office. (Cal. 
 
 XXIII 1.) 
 Transmission or Petition to Secretary of State 
 
 Registrar of voters (or if none, clerk) to transmit petition, except 
 signatures theretq ; to secretary of state, with certificate attached. 
 When secretary of state has received from one or more county 
 clerks or registrars of voters petition certified to have been signed
 
 \ Di.,1-1 
 
 RECALL OF PUBLIC OFFICERS 
 Transmission of Petti ton ro Si i 
 
 with requisite number of votei -. lie 
 registrar or clerk of everj '"iints 
 tiftcatte showing such fuel . oli 
 
 Petition defined to he Bled with 
 
 qeipt by him pf eertificati 
 
 signed by requisite number oi 
 Submission of Petition to Govebnoh 
 Officer with whom petition filtd, if 
 
 submit it to governor, together with 
 
 When petition certified to Secretary ol 
 niit it, with certificate oi H 
 
 [] 
 
 Vai^M'Y PENDING KlCAI.I. 
 
 Caused by resignation, See below, (h 
 
 Filled as provided by law. but appointee to hold on 
 of person elected at recall election. 
 Election 
 
 When Called 
 
 Time, of holding; See below, this 
 
 Upon receipt h\ governor of petition and 
 
 ctency. < al. Willi 
 Within 30 days after filing petition. (Ran. N I 
 If incumbent does hoi resign within fivi 
 
 tion election to be called. (Ariz. VIII Pi 
 
 To be prescribed by legislatufi 
 By Whom Called 
 
 Office* with whom petition filed. (Nev. I 1 
 
 By governor. M al. X X I ! I 1 : I bio XXI 2 I 
 To j„. prescribed by legislature. 
 General Election Laws to Apply 
 
 So far as applicable (Ariz. VIII 
 Provisions for holding, 
 
 I a iiing of election and determination i I 
 In submission to electors of petition, all 
 general laws oi -i ..• i 
 
 Notic , e ,.l, i i i- •■- ■'»>■ 
 
 ,,,,,,„,„„„„„ t„ -u,. in , 
 
 ■
 
 1248 State Constitutions 
 
 RECALL OF PUBLIC OFFICERS (Cont'd) 
 
 Election (Cont'd) 
 
 Notice of (Cont'd) 
 
 Governor to make or cause to be made publication of notice for 
 
 holding of election. (Cal. XXIII 1; Colo. XXI 3.) 
 
 Arrangements for 
 
 Made by officers charged by law with duties concerning elections. 
 
 (Cal. XXIII 1; Colo. XXI 3.) 
 Time of Holding 
 
 May be either general or special election. (Kan. IV 3 (1914).) 
 Special election, as provided by general election laws. (Wash. 
 
 I 33.) 
 Within 20 days after issuance of call. (Nev. II 9.) 
 Not less than 20 and not more than 30 days after calling. ( Ariz. 
 
 VIII Pt. I 3.) 
 
 If incumbent does not resign within five days after petition 
 
 filed, election to be " ordered to be held within 20 days ". 
 
 (Ore. II 18.) 
 Fixed by governor, not less than 30 nor more than 60 days 
 from date of submission of petition to him; if general 
 election to be held within 90 days after date of submis- 
 sion, recall election to be held then. (Colo. XXI 2.) 
 Fixed by governor, not less than 60 nor more than 80 days from 
 date of certificate of sufficiency of petition by secretary of 
 
 state. (Cal. XXIII 1.) 
 At least 90 days after filing of petition. (Kan. IV 4 (1914).) 
 At any election fixed by legislature at least three months but 
 not more than five months from time that necessary number 
 of petitioners has asked for recall election. (La. 223 
 
 (2) 1914.) 
 Effect of Resignation of Incumbent 
 
 If incumbent resigns at any time subsequent to filing of petition, 
 election to be held notwithstanding. (Cal. XXIII 1; Colo. 
 
 XXI 3.) 
 If incumbent does not resign within five days after filing of pe- 
 tition, election to be called. (Ariz. VIII Pt. I 3; Nev. II 9; 
 
 , Ore. II 18.) 
 If incumbent does not resign within five days after sufficiency of 
 
 petition is sustained, election to be called. (Colo. XXI 3.) 
 Filling of vacancy, See below, this title 3 Resignation Pending 
 
 Recall. 
 Conduct of 
 
 Governed by law relating to general elections. (Kan. IV 5 
 
 (1914).) 
 
 In all respects as in case of general elections. (Colo. XXI 3.) 
 
 In all respects as other state elections. (Cal. XXIII 1.) 
 
 Contents of Ballots 
 
 Reasons for Recall 
 
 As set forth in petition. (Ariz. VIII Pt. I 3; Nev. II 9.) 
 
 In not more than 200 words, as set forth in petition. 
 
 (Cal. XXIII 1; Colo. XXI 3; Ore. II 18.)
 
 Inde3 Dig] 
 
 RECALL OF PUBLIC OFFICERS [Cont'd) 
 Election (Cont'd) 
 
 Contents of Ballots (Cont'd) 
 Incumbent's Justification 
 
 In not more than 200 words. (Aris. \ III , 
 
 II 
 In not more than 300 words, il 
 
 Will i | 
 Question Stated 
 
 Form prescribed. (Cal. Win i ; , ..-. ■, 
 
 5 (191 
 Names of Candidates to Succeed 
 
 To appear under question i,„ recall. 
 
 Qualifications of Voters 
 
 Electors entitled to vote fur 8 u 
 
 Will: l .|| 
 
 Legal voters of state or electoral district from « 
 
 .•I. ■■ 
 Electors of state or lesser electoral division for wl 
 
 bent elected or appointed. (Kan. IV ;i (1014 
 Qualified electors of state, or of county, district <.r muni 
 
 from which incumbent elected. (SJev. II 
 Legal voters of state or of electoral district from which 
 
 benl ele •■ I >re. n 
 
 Qualified electors of electoral district from which incuml 
 elected; district may be whole Mate. (Aria. \III Pt I 
 Legal voters of state or political subdivision fr>.m whicl 
 
 elected. 
 Qualified voters of state or of district, judicial • 
 of parish or ward i hereof, or of municipality or 
 
 Returns 
 
 In all respects as other state elections I al. Will 
 In all respects as in case of general electi< 
 Result determined as provided by general 
 
 Canvassing and certifying governed by law relating I 
 
 elections. I Km i \ 
 Result 
 
 Majority Necessary for Removal 
 
 If majority voting on question of recall 
 
 cumbent to continue in office; if "yes", incuml 
 moved. (Cal. Will 1; Colo. XXI 
 If majority of voters participating in el< 
 
 of recall, successor to qualify. La. 
 If majority voting <>n question are in favoi oi recall 
 cancv to exist in office, to be filled a- prescribed 
 
 i Kan. 1\ 
 
 40
 
 1250 State Constitutions 
 
 RECALL OF PUBLIC OFFICERS (Cont'd) 
 Election (Cont'd) 
 Result (Cont'd) 
 
 Majority Necessary for Removal (Cont'd) 
 
 Incumbent removed unless lie receives highest number of 
 
 votes. (Ariz. VIII Pt. I 4.) 
 
 If incumbent does not receive highest number of votes, not 
 
 to be deemed elected for remainder of term. (Nev. II 9; 
 
 Ore. II 18.) 
 Result determined as provided in general election laws. 
 
 (Wash. I 33.) 
 Declaration of 
 
 In all respects as other state elections. (Cal. XXIII 1.) 
 In all respects as in case of general election. (Colo. XXI 3.) 
 Legislature to prescribe manner and method of proclama- 
 tion of returns, (La. 223 (2) 1914.) 
 Resignation Pending Recall 
 Allowed 
 
 Incumbent may resign. (Cal. XXIII 1.) 
 
 Resignation to be accepted 'if offered. (Ariz. VIII Pt, I 3; 
 
 Colo. XXI 3.) 
 Same; to take effect on day offered. (Nev. II 9; Ore. II 18.) 
 Effect on Election, See. above, this title, Election. 
 Vacancy Caused by 
 
 Filled as prescribed by law. (Ariz. VIII Pt. I 3; Nev. II 9; 
 
 Ore. II 18.) 
 
 Filled as provided by law, but appointee to hold office only until 
 
 qualifying of person elected at recall election. (Cal. XXIII 
 
 1; Colo. XXI 3.) 
 When Removal Takes Effect 
 
 On qualification of successor; if successor fails to qualify within 
 five days after result declared, office to be vacant and filled as 
 prescribed by law. (Ariz. VIII Pt. I 4.) 
 On qualification of successor; if successor fails to qualify within 
 10 days after receiving certificate of election, office to be deemed 
 vacant and filled according to law. (Cal. XXIII 1.) 
 Same; 15 days. (Colo. XXI 3.) 
 If vote in favor of recall, successor to qualify immediately a.'ter 
 
 promulgation of returns of election. (La. 223 (2) 1914.) 
 If vote in favor of recall, " vacancy in office shall exist, to be filled 
 
 as authorized by law". (Kan. IV 5 (1914).) 
 Incumbent to perform duties until result of election declared. 
 (Ariz. VIII Pt. I 3; Nev. II 9; Ore. II 18.) 
 Expenses of Incumbent 
 
 Laws to be enacted for payment by public treasury of reasonable 
 special election campaign expenses of incumbent. (Ariz. VIII Pt. 
 
 I 6; Ore. II 18.) 
 If incumbent not recalled, to be repaid from state treasury amount 
 legally expended by him as expenses of such election, and legisla- 
 ture to provide appropriation for such purpose. (Cal. XXIII 1.)
 
 I.MH \ Di< 
 
 
 RECALL OF PUBLIC OFFICERS (Qotrt'd) 
 Expenses of J.mi\u;i.m (Cont'd) 
 
 If imunbent no, ,,,,,, 1 — 1. ,„ ,,, ,,,,„! ,,,„ 
 author,*-.! by law and actuallj expended ., him .. ex, 
 such election, and legislature bo i ... appropriation I 
 
 Successor Elected at Same BeectJon 
 Nominations 
 
 IT/io Mrfi/ Vomihate 
 
 Electors qualified to vote al recall election, equal to I 
 cent, of total number of votes cast al laal ,,,. 
 tion for all candidates for ofl 
 
 Will l | 
 Legislature to provide by law lion candidate* „,, 
 names placed on ballotj In petition signed bj quali 
 voters to number pf not less than 25 ■ 
 number of registered voters qualified to i 
 ceding general election for office occupied U iocuml 
 
 I I 
 Candidates may be nominated by petitioi * pr..\ , 
 
 bj law. I lo. XXI 
 Filing of Petition for 
 
 With secretary of state nol less than ir> days b ill 
 
 election. (Cal. Will 
 In office in which petitions for nomination to offlo 
 quired by law to be filed, nol less than 15 daj 
 recall election. (Colo. XXI :f.) 
 Incumbent as Candidate 
 
 May 'he candidate. (Nev. II 9; Ore. II 18 
 
 Name to be placed on ballot without nomination, un 
 
 otherwise requests in writing. (Aria. \ III I't I 
 Not to be candidate. (La. 223 (2) 1" 
 Name not to appear on ballot. (Cal. Will I 
 
 \\l 
 Voters Must Vote on Question of Recall 
 
 No vote for successor counted unless voter voted on question "f 
 recall of incumbent. (Cal. XXIII 1; Cola WI S; I i 
 
 Canvass and Declaration of Result 
 
 Canvassers to canvass all votes for candidates and 
 
 suit in like manner as in regular election. (Cal Will 1 | 
 Successor Elected if Incumbent Recalled 
 
 If incumbent recalled, candidate receiving highest un- 
 votes to be declared elected for remainder of term (< <l 
 
 XXIII l 
 Same; certificate of election forthwith issued to bin 
 
 vassjng board. (Colo. XXI 3.) 
 Candidate receiving highest number of votea to I 
 elected for remainder of term. (Aria. \M i't. I i
 
 1252 State Constitutions 
 
 RECALL OF PUBLIC OFFICERS (Cont'd) 
 
 Successor Elected at Same Election (Cont'd) 
 
 Successor Elected if Incumbent Recalled (Cont'd) 
 
 Voters may express first choice and second choice and candi- 
 date who is first choice of greatest number of voters shall be 
 declared to be elected if incumbent recalled, and shall qualify 
 immediately after promulgation of returns of election. (La. 
 
 223 (2) 1914.) 
 
 Candidate receiving highest number of votes to be deemed elected 
 
 for remainder of term, whether incumbent or another. (Nev. 
 
 II 9; Ore. II 18.) 
 Failure of Successor to Qualify 
 
 If not within five days after result declared, office to be vacant 
 
 and filled as prescribed by law. (Ariz. VIII Pt. I 4.) 
 
 If not within 10 days after receiving certificate of election, office 
 
 deemed vacant and filled according to law. (Cal. XXIII 1.) 
 
 Same j 15 days. (Colo. XXI 3.) 
 
 Governor's Duties 
 
 If governor sought to be recalled, his duties as to recall procedure 
 
 performed by lieutenant-governor. (Cal. XXIII 1; Colo. XXI 4.) 
 
 Secretary of State's Duties 
 
 If secretary of state sought to be recalled, his duties as to recall 
 
 procedure performed by comptroller. (Cal. XXIII 1.) 
 
 Same; by auditor, instead of comptroller. (Colo. XXI 4.) 
 
 When Proceedings Deemed Pending 
 
 From date of filing of petition with registrar of voters or clerk, 
 
 of county, or city and county. (Cal. XXIII 1.) 
 
 Recall of Local Officers 
 
 Recall also exercised by electors of each county, city and county, 
 
 city and town of state witli reference to elective officers thereof 
 
 under procedure provided by law. Until otherwise provided by 
 
 law legislative body of such county, city and county, city and 
 
 town may provide for manner of exercising such powers, but 
 
 shall not require petition to be signed by electors more in. number 
 
 than 25 per cent, of entire vote cast at last preceding election, as 
 
 in section 1 more particularly set forth, for candidates for office 
 
 occupied by incumbent, as hereinabove defined. (»S'ee Colorado 
 
 entry under subhead above, this title, " Number of Signatures 
 
 ■ 
 
 Required on Petition".) (Colo. XXI 4.) 
 Recall also exercised by electors of each county, city and county, 
 city and town of state, with reference to elective officers thereof 
 under procedure provided by laAv. Until otherwise provided by law 
 legislative body of any such county, city and county, city or town 
 may provide for manner of exercising such powers, but shall not 
 require petition to be signed by electors more in number than 
 25 per cent, of entire vote cast at last preceding election for all 
 candidates for office which incumbent sought to be removed occu- 
 pies. Nothing herein contained construed as affecting or limiting 
 present or future powers of cities or counties or cities and 
 counties having charters adopted under authority given by con- 
 stitution. (Cal. XXIII 1.)
 
 I M • I . \ I ) I . . 
 
 RECALL OF PUBLIC OFFICERS [Cont'd] 
 Recall of Local Officebs (Cont'd) 
 
 Recall of county and municipal officer* and 
 pensation paid by city and eottiit) ol 
 of superior court » may be provided fbi In 
 In Louisiana same as for other offi 
 Legislation to Enioiuk 
 
 "Laws shall be parsed". (Mich. Ill 
 Legislature to pass necessary law-. (Ida. \ I 
 Necessary laws to be enacted, including p 
 
 of campaign expenses of incumbent \lll n. i 
 
 11 
 Laws to provide such additional legislati 
 
 of constii ll 
 Same; but words "Legislative Assembly Bhall \ 
 
 construed to grant to legislature exclusive power of la* 
 nor in any way to limit initiative and referendum 
 
 ved by peo| 
 Legislature to pass laws iiceessarj to carrj out pi 
 and to facilitate its' operation and elTecl without 
 shall not grant to legislature any exclusive p 
 nor in any way limit initiative and referendum 
 
 by people (Wart I 
 Article to be self-executing, but legislation 1 1 1 . i \ be 
 facilitate its operation, but in no way limit it 
 visions of article or powers "herein resei ■ Will I. 
 
 CXI t 
 RECLAMATION DISTRICTS 
 
 Legislature to have power to provide bj law for supervi 
 and conduct, in such manner as it may determine, of a 
 mation districts organized or existing under an) 
 
 REGISTERS OF PROBATE, s<, Com, is Pbobatb C0UBT8. 
 REGISTERS OF WILLS, gfee Cotjbts. 
 
 RELIGION 
 
 Aid to by Mi-mc-ii-autiks. See "Cities" " Mi « .runn* 
 
 Appropriations 
 
 For state aid to sectarian schools, See o I 
 
 I S H 
 
 No law to be enacted granting donation or gratuitj 
 
 purpose or use "■ I Miw l\ i 
 
 No money to be drawn from treasury for 
 
 theological institution, find. I 6; Ore I 
 "No money to be appropriated pr drawn I 
 
 of any sect or religious societj "• I rex (7.) 
 No money ever t.. he take, from public tr. 
 
 in aid of church, sect or religious deno.nin« 
 
 tution.
 
 1254 State Constitutions 
 
 RELIGION (Cont'd) 
 
 Appropriations (Cont'd) 
 
 No state money to be given or appropriated for benefit of sectarian 
 or religious society or institution. (S.D. VI 3.) 
 
 No money to be drawn from treasury for benefit religious sect or 
 
 society. (Mich. II 3.) 
 
 For charitable, educational or benevolent purpose to any denomina- 
 tional or sectarian institution, corporation or association, for- 
 bidden. (Pa. Ill 18.) 
 
 " No money shall ever be taken from the public treasury directly 
 or indirectly in aid of any church, sect or denomination of re- 
 ligion, or in aid of any priest, preacher, minister or teacher 
 thereof as such". (La. 53; Mo. II 7.) 
 
 Forbidden to " any denominational or sectarian institution or asso- 
 ciation ", or to any sectarian or religious society or institution. 
 
 (Wyo. I 19, III 30.) 
 
 No public money to be appropriated or applied to religious worship, 
 exercise or instruction, or support religious establishment; but 
 not to be construed to forbid employment by state of chaplain for 
 penitentiary and such state reformatories as to the legislature 
 seem justified. (Wash. Ill, Amend. 4.) 
 
 No appropriation of public money to be made for any church or for 
 any religious worship, exercise or instruction, or for the support 
 of any religious establishment. (Ariz. IX 10, II 12.) 
 
 No money to be drawn from treasury for benefit of religious societies. 
 
 (Minn. I 16; Wis. I 18.) 
 
 To denominational or sectarian institution or association forbidden. 
 
 (Mont. V 35; Colo. V 34.) 
 
 No money to be taken from public treasury in aid of church, sect 
 or denomination or any sectarian institution. (Ga. I Sec. I 14.) 
 
 Neither legislature nor counties, cities, towns, school districts and 
 other public corporations to make any appropriation, or pay from 
 any public funds, to or in aid of any church or literary or scien- 
 tific institution wholly or partly controlled by any church, sect 
 
 or denomination. (Mont. XI 8.) 
 
 Legislature not to make appropriation of public funds to any 
 church or sectarian society or institution of any kind which is 
 partly or wholly controlled by any church or sectarian society; 
 but this does not prevent legislature authorizing counties, cities 
 or towns to make appropriations for charitable purposes to any 
 charitable institution or association. (Va. IV 67.) 
 
 Legislature not to make appropriation or pay from any public fund 
 or grant anything to or in aid of religious sect, church, creed or 
 sectarian purpose to support or sustain any institution con- 
 trolled by any religious creed, church or sectarian denomination; 
 but this does not prevent legislature granting aid to institution 
 for the support and maintenance of dependent children and 
 indigent aged persons authorized by constitution. (Cal. IV 30.)
 
 I.MM.X l>l«.|-l 
 
 RELIGION {Cont'd) 
 
 Appbopbiations (Cont'd) 
 
 No public money to be appropri ,,i„.,|. „ ■ 
 
 the benefit or support of a,,;. 
 tern ol religion or of an 3 priest, , 
 hgious teacher or dignitari 
 
 " , ... 11 
 
 lrolu-.it,.,] for any religious frorahips 
 
 support of epclesiastieal establishment, i i 
 
 Xo public- funds, -i ..,•. count) or uiuaidp. 
 
 pm 
 
 Chaplains in Penitent] akiks 
 
 8m Penal Ixsnn n,,\ — P 8] Omcffl 
 
 6e$ PENAL IXSTITI Tlu\s — ()KJ'|< I !;-, ,,|. 
 
 Freedom of Opinion and Conscience 
 
 <SVc also Inline, this title. RELIGIOUS TEST, 
 
 Scruples against bearing arms', Sea Militia 
 
 All men free to profess and In arguments to mail I 
 
 ions. I R.I. I :; \\ \ [i] 
 All persons entitled to protection in religious libes 
 Magistrates not to control conscience, | D.I. I l 
 Liberty of conscience in all matters of religious 
 
 II i 
 Conscience not to be controlled. (Ark. U 24; Gs i i 
 
 3; Kan. B-.R, 7: Ky. 5j -Minn. I Hi: M,,. || . 
 
 7; Ore. I 3; Pa. 1 3; SB. VI 3; Tenn. I \\ it 
 
 Rights of conscience never t<> be in t ri n-. .1. Utah 1 
 Rights of conscience inalienable. i.N.li. 1 i.i 
 Toleration of religious sentiments secured. (Okla. I 
 Civil capacity not to be diminished, enlarged oi 
 
 religious opinion. ( II. I. I 3j WVa. Ill 
 Xo person to be denied the enjoyment "I" anj <\\)\ ■; 
 
 account of religions principles. (N.J. 1 I.) 
 Xo man to be deprived oi any rivil ri^bi 
 
 Xo person to be deprived of any of his rigl ' 
 
 ties, or disqualified from the performan ■< 
 
 private duties, because of religious epinii 
 Civil rights, privileges and capacities of anj citizen n..t 
 
 manner affected by bis religious prii 
 Xo person to be denied any civil right or pri 
 
 religions opinions. (Mont. Ill 1 : VM. II II.) 
 Civil rights, privileges or capacities, not t.. be dei 
 
 ligioiis opinion-. (■Colo; 1 1 t; Ida I I; III. II 
 Civil rights, privileges or caj 
 
 away; or in any «dse diminished 
 
 religious beliefs. (Ky. •"> : Mich*. II
 
 ]256 State Constitutions 
 
 RELIGION (Cont'd) 
 
 Freedom of Opinion and Conscience (Cont'd) 
 
 No person to be denied any civil right, privilege or position on ac- 
 count of his religious opinions. (S.D. VI 3.) 
 No person to be denied any political right or privilege on account 
 
 of his religious opinions. (Mont. Ill 4; N.M. II 11.) 
 Political rights, privileges or capacities not to be denied because of 
 
 religious opinions. (Colo. II 4; Ida. I 4; 111. II 3.) 
 No person to be denied any political right, privilege or position on 
 
 account of his religious opinions. (S.D. VI 3.) 
 No person to be molested in person or property because of religion. 
 
 (Wash. I 11.) 
 
 No person molested in body, person or goods because of religious 
 
 opinions. (Ga. I Sec. I 13; Md. D.R. 30; N.M. II 11; R.I. I 3; 
 
 W.Va. Ill 15.) 
 No person molested in person or estate on account of religious per- 
 suasion or profession. (Mo. II 5.) 
 No person molested in body, person or goods because of religious 
 opinions, unless he disturbs peace or rights of others. (Md. D.R. 
 
 36; Mass. Pt. I 2; N.H. I 5.) 
 No person to be hurt, molested or restrained in person, liberty or 
 estate for religious professions or sentiments, if he does not dis- 
 turb public peace or religious worship of others. (Me. I 3.) 
 Perfect toleration of religious sentiment to be secured; provision 
 not to be changed except by consent of United States. (Ariz. XX; 
 Ida. XXI 19; N.M. XXI 1; N.D. XVI 203; S.D. XXVI 18; Utah 
 
 III 1; Wash. XXVI; Wyo. XXI 2). 
 No person in time of peace, required to perform any public service 
 on day set apart as rest day by his religion. (Tenn. XI 15.) 
 Freedom of Worship 
 
 No person compelled to attend place of worship. (Ala. I 3; Colo. 
 II 4; Del. I 1; Kla. D.R. 5; Ida. I 4; 111. II 3; Ind. I 4; Iowa 
 I 3; Kan. B.R. 7; Ky. 5; Md. D.R, 30; Minn. I 10; Mo. 11 6; 
 Mont. Ill 4; Nebr. I 4; N.J. I 3; N.M. II 11; Ohio I 7 ; Pa. 
 I 3; R.I. I 3; S.D. VI 3; Tenn. I 3; Tex. I 6; Vt, I 3; W.Va. 
 
 Ill 15; Wis. I IS.) 
 Civil rights not to be denied because of peculiar mode of worship. 
 
 (Vt. I 3.) 
 
 No person molested on account of religious worship. (Okla. I 2.) 
 
 No person molested on account of religious worship, provided he 
 
 does not disturb peace or rights of others. (Mass. Pt. I 2; 
 
 N.H. I 5.) 
 Magistrates not to interfere with free exercise of religious worship. 
 
 (Del. I 1.) 
 No authority to interfere with free exercise of religious worship. 
 
 (Vt. I 3.) 
 
 Free exercise of religious worship without discrimination secured. 
 
 (Cal. I 4; Colo. II 4; Conn. I 3; 111. II 3; Ind. I 3; Iowa I 3; 
 
 Kan. B.R. 7; Me. I 3; N.Y. I 3; N.D. I 4; Ore. I 3; S.C. I 4; 
 
 Va. I 16; Wyo. I 18.)
 
 I\l>!\ l>|,. I i 
 
 RELIGION {Cont'd) 
 
 Freedom of Worship {Cont'd) 
 
 Legislature to pass laws to protecl squall 
 tion in its mode of worship. (Tex. I 
 
 All persons may worship God according to dj I 
 science. (Ark. 11 24; Del. Preamble; Fla. D.U 
 12; Ida. I 4; 111. II 3; I ml. I 2; K.v. 1 
 D.R. 3G; Mich. II 3; Minn. 1 hi; m,.... HI |fl \,. [| 
 I 4; Nev. I 4; N.H. 1 5; N..I. I 3 , H.M. II 
 Ohio I 7; Okla. I 2; Ore, 1 2; Pa, [ 8; R.L I 
 Tenn. I 3; Tex. I 6; Utah I 1; Vt. I :;. WU I 
 
 No person to be molested in person u pi 
 of religious Worship; provision not to bi 
 sent of United States. (Ida. XX] 19; \ I ». \\ I 
 
 18; 
 
 No inhabitant of state to be molested in person <>r pi 
 of mode of religious worship. Polygamous or plural 
 and polygamous cohabitation forever prohibited; pi 
 be changed except by consent of I sited States. kril 
 
 No inhabitant of state to be molested in person 
 
 account of mode of religious worship; but polygsnioua oi ; 
 marriages forever prohibited. Provisions no! to lw 
 cept by consent of United States. (Utah Ml 
 
 Gifts to State for Religious Purposi 
 
 State not to accept property to be used I 
 
 ir. \ I II II; ^ l> \ III 
 
 Grants of Public Property Forbidden 
 See Public Property — Grams. 
 See Public Property — Gka.ms fob Religious Pubfos 
 
 Limitations on Religiois Libert! 
 
 All persons should worship Supreme Being. M •-- I'' 
 All persons should assemble for pnhlie worship. (Del 1 I ' 
 All persons should practice Christian forbearance, lovs and 
 
 Not construed as justifying exclusion "f Bible from pul 
 
 Not to justify bigamous or polygamous practice! (Ids I I 
 
 III 
 
 Not construed to permit any person Of organ il 
 or counsel bigamy, polygamy <>r rqj other crime. 
 
 Not construed to dispense with ";<'ii- ■•■ affirmations 
 
 Colo II 4: Ida. I 4; 111. 11 3; Mont III 4; Nebr. I 4 17; 
 
 I 
 
 Not to excuse acts of licentiousness ot justify pra 
 with peace of state. (Ariz. II 12; Cal. I I 
 I 3; Fla. D.R. 5; Ga, 1 Sec. I 18; Ida, [ 4; III. 1 1 
 
 Minn. I 16; Miss. Ill 18; Mo. U 5; Mont HI li M* < '• 
 NY. I 3; N.D. I 4; SJ>. VI S; Wash, I 11; Wyo I
 
 1258 State Constitutions 
 
 RELIGION (Cont'd) 
 
 Property Devoted to 
 
 See also below, this title, Religious Corporations. 
 Taxation, See Taxation — Exemptions — Religion, Property De- 
 voted to. 
 Sale of church property not to be regulated by local and special 
 
 laws. (VV.Ya. VI 39.) 
 
 General laws to be passed to secure title to cliurcb property; also 
 
 sale and transfer " so that it shall be held, used or transferred 
 
 . for purposes of such church or religious denomination". (W.Va. 
 
 VI 47.) 
 Religious Corporations 
 
 See also beloic, this title, Religious Societies. 
 Religious societies not to be incorporated. (W.Va. VI 47.) 
 Religious societies not to be incorporated or their charter amended 
 or extended by local or special laws unless under control of state. 
 
 (S.C. Ill 34.) 
 
 None can be established in state except as created under general 
 
 law for the purpose of holding title to real estate prescribed by 
 
 law for churches, parsonages and cemeteries. (Mo. II 8.) 
 
 Legislature not to incorporate denominations but may secure title 
 
 to church property to an extent to be limited by law. (Va. 
 
 IV 59.) 
 Title to property of religious corporations to vest in trustee elected 
 
 by members of corporation. (Kan. XII 3.) 
 Members not individually liable for dues from corporation. (Kan. 
 
 XII 2.) 
 Exempted from provision that all corporations must have place of 
 business in state. (Cal. XII 14 S.C. IX 4.) 
 Religious Societies 
 
 See also above, this title, Religious Corporations. 
 Appropriations, See above, this ti4le, Appropriations. 
 Bequests 
 
 Every bequest of personal property or money in favor of religious 
 corporation or society for its own use or for charitable uses, 
 to be null and void ; distributees to take as if no testamentary 
 disposition had been made. (Miss. 270.) 
 Bequest of any estate in land or of money directed to be raised 
 by sale of land to any religious corporation, sole or aggregate, 
 or to any person as trustee, express or implied, for the use 
 or benefit of such religious corporation, society or association, 
 or for the purpose of being appropriated to charitable use, to 
 be null and void; heir of law to take. (Miss. 209.) 
 Duty 
 
 Religious denominations enjoined to keep Lord's day and main- 
 tain religious worship. (Vt. I 3.) 
 Equality 
 
 No subordination of one denomination to another. (Me. I 3; 
 
 Mass. Amend. XI; N.H. I 6.)
 
 tm>m 1 )\> 
 
 RELIGION [Cont'd) 
 
 Religious Societies (Cont'd) 
 Equality iCortfd) 
 
 Xo preference to be given an 
 
 3; Ark. || 24; Colo. II i; i onn. I [ 1, ] 
 
 (i - Wa. I 4; 111. || ;; ; hl( |. | 4; Kan. BJ 
 Mfc i -; Minn. I 16; Mi 88i M , , s Ml , ,, 
 
 M". I •; -\'..M. II 11; OblO I 7; S.I). \ I 
 
 I ' 
 
 Xo preference to be given anj mode a| 
 1 '"!"• II 4; Cotfos I 1; I'h. D.R. 6; I 
 I 4; Ky. 5; Minn. I |ii ; Mi_. ||| |g 
 SiD. VI :i; 1 1 -i 1 1 1 . 1 3; Tex. I tt; W i I i - 
 
 No peculiar privileges bo be eonferred on m 
 
 in. iii. ib. i \\ \ ., mi 
 
 No preference 1 to be given to arrjl religion* . I 
 
 I 
 Any denomination of cliri-.ii.in- demeaning 
 
 under equal protflction of law. (N.Hi I I 
 All religious sects and denomination! demeaning 
 peaceably and a- good citizens, equally unoV 
 
 law. (Mhm 
 Rights 
 
 Rights, iimminities, privileged <Jr estatet of reli 
 and corporate bod&e" to remain aa il i mM ninn 
 
 Religious denominations to !>.■ protected in i-nj<iyiiu»nl 
 
 worship. <Aik. 1 1 -'•">: Nebr. I 4; Ohio I J 
 Religious denominations to have i i - li t tn • -i. I 
 
 teachers and contract with them for tli.ir support \U 
 Encouraged and protected in enjoyment >.i privih 
 and estates which in justice ought to enjoj u 
 
 of legislator 
 Religious Test 
 
 For public office, See Public Officers Qi u hi. moita tm> 
 
 .^i turn i 
 
 For jurors. See JURIES. 
 
 For roi'uui. 8e( Elections ~ Qualifications on i>> 
 
 il"- 
 
 Xo religious fees! to be required Bar esei 
 
 right*. OkU I 
 
 Xo religious test for teachers or student* in tmbl* 
 educational irtstittiutions of the State, i \", \ I 
 IX 8; Ida. IX 6; limit. \ I !•: KM. Ml "• I '.<' X 
 
 \ II 
 
 Religious tests to sue, plead, appeal or pursue pi 
 
 i.lovnient or any religious ted fchateret prol '" 
 
 1 ' II. 
 
 Schools, Sectarian [NPLUENCE in. 8* Eou< mow 
 — Sectarian INSTRUCTION am. CoNTROJ PwUl»m«
 
 1260 State Constitutions 
 
 RELIGION (Cont'd) 
 
 State Establishment 
 
 No religion to be established by law. (Ala. I 3; Iowa I 3; La. 
 
 4; S.C. I 4; Utah I 4.) 
 No person compelled to support any mode of worship. (Ohio I 7.) 
 No person compelled to support any religious denomination. (Ala. 
 
 I 3; Ark. II 24; Kan. B.R. 7; Mich. II 3; N.M. II 11.) 
 No person compelled to support place of worship. (Ark. II 24 
 Colo. II 4; Del. I 1; Ida. I 4; 111. II 3; Ind. I 4; Iowa I 3 
 Ky. 5; Md. D.R. 36; Minn. I 10; Mo. II G; Nebr. I 4; N.J. I 3 
 Ohio I 7; Pa. I 3; R.I. I 3; S.D. VI 3; Tenn. I 3; Tex. I 6 
 Vt. I 3; W.Va. Ill 15; Wis. I 18.) 
 No religious denomination to be authorized to tax for support of 
 
 place of worship or ministry. (W.Va. Ill 15.) 
 No person compelled to support minister. (Ark. II 24; Colo. II 4 
 Ida. I 4; 111. II 3; Ind. I 4; Iowa I 3; Ky. 5; Md. D.R. 36 
 Minn. I 16; Mo. II 6; Mont. Ill 4; N.J. I 3; Pa. I 3; R.I. I 3 
 S.D. VI 3; Tenn. I 3; Tex. I 6; Vt. I 3; W.Va. Ill 15; Wis, I 18.) 
 No person compelled to pay tithes. (Ida. I 4.) 
 
 People may authorize legislature and towns, at people's expense, to 
 support Protestant teachers; but no person of one religious sect 
 compelled to support teacher of another sect. (N.H. I 6.) 
 No church to dominate state or interfere with its functions, no 
 union of church and state. (Utah I 4.) 
 REMISSION OF FINES, PENALTIES AND FORFEITURES, See Crimes. 
 REPRLEVES, See Crimes. 
 REPUTATION 
 
 Right to protect, See Life, Liberty and Property — Right to. 
 Injury to, See Libel and Slander. 
 RESIDENCE 
 
 As qualification for office, See Public Officers, and particular officers 
 
 and classes of officers. 
 As qualification to vote, See Elections. 
 
 Absence on business of state or United States shall not cause forfeiture. 
 
 (Ind. II 4.) 
 Absence on business of state or of United States not to affect question of 
 
 residence of any person. (Cal. XX 12.) 
 Absence on business of state, United States or on necessary private busi- 
 ness shall not cause a forfeiture of. (Ark. XIX 7.) 
 Temporary absence from state shall not cause a forfeiture of. (Ala. I 
 
 31; S.C. I 12.) 
 No person deemed to have acquired or lost residence by reason of presence 
 or absence while employed in service of United States or of state, nor 
 while student at any school. (N.M. VII 4.) 
 Not acquired by soldier, sailor or marine in the military or naval service 
 of the United States by reason of being stationed on duty in this 
 state. (Ariz. VII 6; Ark. Ill 7; Iowa II 4; La. 175; Mich. Ill 3; 
 Minn. VII 4; Mont. IX 6; Nebr. VII 4; N.M. VII 4; N.D. V 126; Ohio 
 
 V 5; S.D. VII 7; Wyo. VI 8.) 
 Same; adds "or her allies" after "United States". (Ore. II 5.)
 
 I m»i\ Dig] »i 
 
 RETROSPECTIVE LAWS 
 
 Pertaining to crime, See Ex Posi I • \. i<> l.x 
 Prohibited. (Colo. ]I H ; '| ',.,,„. | j U; |, N , ; , 
 No retrospective laws should 1., mad 
 
 or punishment of offense* (N.ll. I 23.) 
 Legislature to pass no law for benefit of railroa 
 or any individuals, retrospective in >t- 
 upon people of any county or municipal 
 liability in respect to transactions or i onsidi 
 XV 12; Ida. XI 12: Mo. XII L9; Mont. W 
 Legislature to have no power to pa- retroactive i 
 laws, authorize courts to cany into effect, upon 
 and equitable, the manifest intention of parti< . and 
 omissions, defects and errors, in instruments and pi 
 out of their want of conformity with law 
 RIVERS, See Watebs. 
 ROADS 
 
 County Roads 
 
 See Counties — Roads ami Bridges. 
 See Counties — Supebyisobs — Powebs am. Duties. 
 See Counties — Miscellaneous Office] 
 Chaetering ok Licensing 
 
 No special, private or local law to be passed. (Ala, 1\ 104 
 
 1\ go; I .la. Ill Lfl 
 No local or special laws to be passed for toll roi 
 
 .x.M. 1\ 24; \ I' II I 
 Legislature not to pass any special, private ■•: lo al la 
 to any person, corporation or association the ri^-l.t I 
 
 -. 
 Convict Labor on, Sec Convict Laiiok. 
 Department of Highways 
 
 To be established by the legislature. (<»kla. \\ 1 l.i 
 Eminent Domain for, Sec K.mimm' Domain. 
 Excess Condemnation, See Kmim.m Domaih 
 Grants by Congress 
 
 State accepts reservation and lands for public h 
 any grant, agreement, treaty or a. t of 
 vested rights of anv tribe, allottee or other person in 
 
 la xvi 
 
 Laborers on, See Labor. 
 
 Labor on Kiirnox Day. See ELECTIONS -Pbivile. 
 Private Roai.s, fife. Kmim.m DOMAIH PBIVATI PUHPO 
 Public Highways 
 
 Telegraph lines as, See TELBGBAPB COMPANIES. 
 
 Canals as, See ( anais. 
 
 Navigable waters as, See WA*EBS NaVIOAI 
 
 Railroads as. See Bad BOADB. 
 
 Turnpikes as, See below, this title, Toll Roam. 
 Public Utilities in. See the tubhead Public I nurii 
 " "Boroughs", "Ci ins-, -.M<m< !.• vn ii
 
 1262 State Consthttioxs 
 
 ROADS {Cont'd) 
 
 Road and Turnpike Companies 
 
 Legislature may not authorize companies or persons to own and 
 operate roads or turnpikes, or to affect toll-gates, or regulate tolls, 
 
 by local or special laws. (Ky. 59.) 
 
 Legislature to correct abuses, prevent discrimination and excessive 
 charges of turnpike companies, provide penalties and create neces- 
 sary offices and commissions; equal rights to all to have persons 
 or property transported over turnpikes; no discrimination in 
 charges or facilities to be made; required to have office in state 
 for transfer of stock and keeping books for inspection by stock- 
 holders or creditors. (Ark. XVII 10, 3, 2.) 
 Road Districts 
 
 Under this subhead are digested provisions relating particularly to 
 road districts; for districts in general, See Districts. 
 
 County commissioners to fill vacancies in road district office, by 
 appointment, to hold until next general election, and until 
 successors elected and qualified. (Wash. XI 6.) 
 
 Provision may be made in county charters for formation of, for care, 
 maintenance, repair, inspection and supervision, and of road 
 improvement districts for construction of roads, highways and 
 bridges, detailed provisions regulating taxation on consent of 
 majority, and incurring debt on consent of two-thirds qualified 
 electors of district, and inclusion of cities in districts. (Cal. 
 
 XI 7V 2 .) 
 
 May, when authorized by majority in number and amount of property 
 taxpayers, qualified voters, incur debt and issue bonds for road 
 not to exceed in amount 10 per cent, of assessed value of property 
 in district, governing authorities of district may lay taxes suffi- 
 cient to pay interest and principal; detail provisions. (La. 281.) 
 
 Police juries may form parishes into; may set aside for roads one 
 mill per annum of taxes levied by them and impose per capita tax 
 of not over $1 on each able-bodied male between 18 and 55, and a 
 license, graduated, on all vehicles kept in parish, and may enact 
 civil ordinances to enforce property and license, criminal to enforce 
 the head tax; per capita tax provisions not operative in incor- 
 porated towns and cities; other taxes may be levied by police 
 juries for roads and bridges; may issue bonds; fines and penalties 
 paid for infringement of any ordinance relative to roads and 
 bridges to go into road and bridge fund of the parish, (La. 292.) 
 
 Legislature may authorize, to take charge and control of laying out, 
 construction, improvement and maintenance of roads, bridges and 
 culverts; may provide for district road commissioners to be 
 appointed or elected, with powers and duties prescribed by law. 
 
 (Mich. VIII 26.) 
 Road Duty 
 
 Legislature not to pass any local, private or special law exempting 
 any person from. (Ala. IV 104; Miss. IV 90.) 
 
 Legislature may enact special or local laws providing age at which 
 citizens are subject to. (S.C. Drainage Amend. 1905.)
 
 1 m ■ i x Dig E8i 
 
 ROADS (Cont'd) 
 
 Road Dim (Cont'd) 
 
 Poli.-c jury to relieve from all | 
 
 and bridge tax and licen 
 Voter not to be compelled to durii 
 during time heeessavj and oonvenh ni 
 
 i' i 
 Road System 
 
 Lcgi sin tun may by g|(m7ral law pr 
 system for and in oonntj or « I i — t ? 
 voting thereon; i Mich!. \ 1 1 1 
 State Aid 
 
 Bonds for rbad purposed, 6ffc< State Debi p 
 State not to build a.ny highway. (Ky. II 
 Prohibition to state to engage in Interna] in 
 
 to aiding in improvement of public v 
 Legislature may provide for construe! 
 
 State may appropriate money in treasury or • 
 for construction or improvement of publi 
 
 XII [85, 19 
 
 For aiding construction and improvement of public I 
 road and bridge fund " created, to include inco 
 in internal improvement land fund, and all fund- 
 state . road and bridge fund however provided. 
 add to fund by providing in its discretion annual • 
 property of state not over 1 mill on all 
 no county snail receive in any year more thai 
 than % per cent, of the total fund thus pr< 
 in such year. (Minn; IX Hi. I 
 
 Xet proceeds from convict fund may, under a] 
 applied to construction, repair and n aint< i 
 and legislature may make addition .. 
 
 pose 
 
 state t«, provide for laying out and v 
 building bridges 1 , and for utilizing fines 
 labor to all these purposes. I XVI 24.) 
 
 Provisions in count} charters for '- ■■ 
 
 which stat« aid is -ranted, to be 
 
 tions imposed by the legislature. (Cal. XI i 
 
 State hoard of eagh famish road d 
 
 as for public ros* and 
 
 Will tend to create a uniform STHtem of p« 
 
 Le-islature to have power to establish -; 
 
 to de,-i,r.. aire t I a state highway, and ■ 
 
 construe! and maintain tn. 
 
 tion and maintenance in *
 
 1264 State Constitutions 
 
 ROADS (Cont'd) 
 
 Streets, See throughout this title, and See " Cities ", " Municipalities ", 
 
 " Villages ". 
 Taxes, See Taxation. 
 Toll Roads 
 
 Turnpikes to be public highways. (Ark. XVII 1.) 
 
 Right to regulate tolls for highways devoted to public use always to 
 
 remain under legislative control. (Tex. XII 3.) 
 Laws relating to turnpikes or other public roads excepted from 
 provision against laws enacted to take effect on approval of body 
 
 other than legislature. (Ky. 60.) 
 Legislature may regulate rates on. (Nev. IV 20.) 
 Ways of Necessity, See Eminent Domain — Private Purposes. 
 Altering, Special or Local Law Permitted 
 
 Applies to road or highway. (S.C. Amend. 1905.) 
 Altering, Special, Private or Local Law Forbidden 
 
 Applies to highway, except in case of state roads extending into 
 
 more than one county or military roads in aid of construction of 
 
 which Congress may grant lands. (Wash. II 28; Wis. IV 31.) 
 
 Applies to road or highway. (Colo. V 25; 111. IV 22; Miss. IV 90; 
 
 Mont. V 26; Nebr. Ill 15; N.J. IV 7; N.D. II 69; W.Va. VI 39.) 
 
 Applies to road or highway, except to state roads extending into more 
 
 than one county, or military roads. (N.M. IV 24.) 
 Applies to road, highway or alley; does not apply to any bill, or the 
 amendments to any bill, reported by commissioners to revise the 
 
 statutes. (N.Y. Ill 18, 23.) 
 Applies to road, highway, street or alley. (La. 48; Minn. IV 33; 
 
 Mo. IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill 56.) 
 Applies to road, highway, street, alley, townplat, park, cemetery or 
 
 public ground not owned by state. (Ida, III 19.) 
 Applies to townplat, street, alley, public ground or ward. (S.D. 
 
 III 23.) 
 Applies to township, highway, street, ward, alley or public ground. 
 
 (Utah VI 26.) 
 
 Applies to road laid out by commissioners of highways, or any street, 
 
 alley or public ground in a city or village or recorded townplat. 
 
 (Mich. VIII 27.) 
 Applies to road, townplat, street, alley or public square. (Ariz. 
 
 IV 19.) 
 Applies to road, highway, street, alley, townplat, cemetery, graveyard 
 
 or public ground not owned by commonwealth. (Ky. 59.) 
 Applies to road, highway, street, alley, townplat, park, cemetery, 
 
 graveyard or public ground not owned by state. (Cal. IV 25.) 
 Applies to road, higbway, street, lane or alley, except that as to 
 
 any roads which pass through at least a portion of three counties 
 
 of the state, two-thirds majority of all members elected to each 
 
 house may pass a special act. (Del. II 19.) 
 Closing, Special, Private or Local Law Forbidden 
 
 Applies to road, highway, street or alley. (La. 48.)
 
 ROADS (Cont'd) 
 
 Discontinuing, Special, Pbtvati ob Uh u U« Fob 
 
 Applies to road; highway, itreel 
 Applies to road, highway or allt 
 
 the amendments to any bill, which shall 
 
 sioners to rcvis,. the Btatul ^ . Ill 
 
 Laying Out, Sn < iai ob Lo< \i. Lav Peh 
 
 Applies to coad or highway. (S.I 
 Laying Out, Special; Pbivate ob Loi u Law I 
 Applies to highway, i I ml. I\ 
 Applies to highway, except in 
 
 than one county or militarj roads in i 
 
 Congress may grant lands. (Wash. II 28; \\ j |\ 
 Applies to road <n- highway. (( olo. \ 26; 111. i 
 
 Miss. l\ 90; Mont. V 26; Nebr. Ill 15; N J. I\ 
 
 W \a VI 
 Applies to road or highway^ except • 
 
 more than one countj or militar; \ M |\ 
 
 Applies to road, highway or allej ; does nol a 
 
 amendments to any bill, which shall be report 
 
 to revise the statutes. i.VY. Ill 18, 2 
 Applies to road, highway, street or alley. 
 
 Mo. IV 53; Okla. V 46; Pa. ill 7: Tex. Ill ■ ■ 
 Applies to road, highway, street, lane or all* 
 
 roads, which pass through at least a portion 
 
 the state, two-thirds majority of ail memb< 
 
 may pass a special act. (Del. li 19.) 
 Applies to townplat, street, alley, publi 
 
 III 
 Applies to townplat, highway, street, 
 
 Applies to road, townplat. si llej 01 
 
 l\ 
 Applies to road, highway, Btl lUey, town] I 
 
 or public ground not owned by Btate. Ida. Ill 
 Applies to road, highway, street, alley, townp 
 
 graveyard or public ground not owned l.\ I 
 
 Maintaining, Special, Private ob Lo< m Law Fobbidden 
 
 Applies to road, highway, street or •> lej |X 
 
 Mo. IV 53; Okla. V 16; Pa. HI 7; Tex. HI 
 Applies to road, highway, ■• town] 
 
 or public ground not owned bj oo 
 Applies to road, highway t, alley, 
 
 or public ground aot owned I 
 Applies to road, highway, 
 
 graveyard or public ground aol owm 
 Applies to road, highway, street, las 
 
 roads which pasB through 
 
 the state, two-thirds majoritj of all n 
 
 may pass a special act I "eh H '"
 
 1266 State Constitutions 
 
 ROADS (Cont'd) 
 Maintaining 
 
 Legislature may pass local laws for maintenance of public roads and 
 highways without local notice required for special or local laws. 
 
 (Tex. VIII 9.) 
 Opening, Special or Local Law Permitted 
 
 Applies to road or highway. (S.C. Amend. 1905.) 
 Opening, Special, Private or Local Law Forbidden 
 Applies to highway. (Ind. IV 22; Ore. IV 23.) 
 
 Applies to highway, except in case of state roads extending into more 
 
 than one county or military roads in aid of construction of which 
 
 Congress may grant lands. (Wash. II 28; Wis. IV 31.) 
 
 Applies to road or highway. (Colo. V 25; 111. IV 22; Iowa III 30; 
 
 Miss. IV 90; Mont. V 26; Nebr. Ill 15; N.J. IV 7; X.D. II 69; 
 
 W.Va. VI 39.) 
 Applies to road or highway, except state roads extending into more 
 
 than one county or military roads. (N.M. IV 24.) 
 Applies to road, highway or alley; does not apply to any bill, or the 
 amendments to any bill, which shall be reported by commissioners 
 to revise the statutes. (N.Y. Ill 18, 23.) 
 Applies to road, highway, street or alley. (La. 48; Minn. IV 33; Mo. 
 
 IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill 56.) 
 Applies to road, highway, street, lane or alley, except that as to any 
 roads which pass through at least a portion of three counties of 
 the state, two-thirds majority of all members elected to each house 
 may pass a special act. (Del. II 19.) 
 Applies to townplat, highway, street, ward, alley or public ground. 
 
 (Utah VI 26.) 
 Applies to townplat, street, alley, public ground or ward. (S.D. 
 
 III 23.) 
 Applies to road, townplat, street, alley or public square. (Ariz. 
 
 IV 19.) 
 Applies to road, highway, street, alley, townplat, cemetery, graveyard 
 
 or public ground not owned by commonwealth. (Ky. 59.) 
 Applies to road, highway, street, alley, townplat, park, cemetery 
 
 or public ground not owned by state. (Ida. Ill 19.)' 
 Applies to road, highway, street, alley, townplat, park, cemetery, 
 
 graveyard or public ground not owned by state. (Gal. IV 25.) 
 Vacating, Special, Private or Local Law Forbidden 
 Applies to road. (Fla. Ill 20.) 
 Applies to road, street or alley. (Ark. V 24.) 
 Applies to road, highway, street or alley. (Minn. IV 33.) 
 Applies to road, townplat, street or alley. (Mo. IV 53; Okla. V 46; 
 
 Pa. Ill 7: Tex. Ill 56.) 
 Applies to road, highway, street, lane or alley, except that as to 
 
 any roads which pass through at least a portion of three counties 
 
 of the state, two-thirds majority of all members elected to each 
 
 house may pass a special act. (Del. II 19.) 
 Applies to townplat, street, alley, public ground or ward. ( S.D. 
 
 Ill 23.)
 
 I. MUX |)|, 
 
 ROADS (Cont'd) 
 
 Vacating, Special', PRivAttB"OE. Local Lam Foikdm i fd) 
 
 Applies to townplat. highway, Btreet, ward all. 
 
 i i tali \ i 
 Applii-. to road, townplat, street, alle} 01 public 
 
 IV 19; hid. IV 22; [owa III 30; \.\. IV 20 
 Applies feo road, street; townplat, allej or public ground 
 
 25; 111. IV 22; Mont. V 26; Nebr. HI 15; NJ. 1 D. II 
 
 \\ \ ., \ I 
 Applies to road, street, tnwnpl.it. alley or publi 
 to state roads extending into more than 
 
 I. (N M i 
 
 Applies to road laid out bj commissioners of big 
 alley or public ground in a city or villi 
 
 i Mich. \ ill : 
 Applies to road. townplat. streel alley. cemet< ry, grav< jrard <>r pu 
 
 ground not owned by slat!. (Okla. V 46.) 
 Applies to road, highway, street, alley, townplat 
 
 yard or public ground not owned by commonwealth. 
 Applies to road, highway, street, alley, townplat, park, 
 
 public ground not owned by state. (Ida. Ill I' 
 Applies to road, highway, street, alley, townplat, park 
 
 graveyard or public ground nol owned bj tl. 1\ I 
 
 Applies to road, highway, townplat, street, alley it public ground. 
 
 i Mi-. IV 
 WOBKUSTQ OX. SPECIAL OR LOCAL I. AW PERMITTED 
 
 Applies to road or highway. (S.C. Amen 1. [90 
 Working ox, Special, Private ob Local Law Forbiw 
 
 Applies to road, highway, street, alley, townplat, park, 
 
 public ground not owned by state. (Ida. Ill 18 
 Applies to highway, (hid. I V 22; Ore. I> 
 Applies to road or highway. (Colo. V 25; III. I\ 22; Iowa III 
 Aliss. IV 90; Mont. V 26; Nebr. Ill 15; M.J. W 7: SM l\ 
 
 N.I). II 69; \\ A a. VI 
 Applies to road, highway, or alley, does nut apph to anj bill 
 the amendments to any hill, which shall be reported 
 sioners to revise the statutes. (N.Y. Ill I- 
 
 YVORKIXG ON 
 
 Legislature to provide by general law for working pub 
 contract or by county prisoners, or both; Buch lav 
 into operation only by a vote of the oountj bu| 
 
 county. 
 
 SAILORS, See Soldiers a.m. Sa ts. 
 
 SANGUINARY LAWS, See Grimes I'' NlBHMl ST. 
 SAVINGS BANKS, See Hanks. 
 SCHOOL DISTRICTS, See Education. 
 SCHOOLS, See Education. 
 
 SEAL OF STATE 
 
 ■it, \,i/ XXII I" ''"■ N.D. Wll H 
 
 Form in escribed. (Ariz. A A 11 i . - .,,,,, 
 
 1 S.D. XXI 1; \>
 
 12G8 State Constitutions 
 
 SEAL OF STATE (Cont'd) 
 
 Legislature to provide for device and motto. (Minn. XV 4.) 
 
 Legislature to provide. (Mont. VII 17; Wis. XIII 4.) 
 
 To remain as at present. (Fla. XVI 12.) 
 
 Seal now in use to be official until changed by legislature. (Ala. V 133; 
 
 Ariz. XXII 10; Ark. XIX 25; Colo. IV 18; Ga. V Sec. Ill 1; Ida. IV 
 
 15; Utah VII 22; Wyo. IV 15.) 
 Not to be altered. (Conn. IV 18; Mo. V 20.) 
 Custody in governor. (Ark. VI 10; Cal. V 13; Ind. XV 5; Iowa IV 
 
 20; Kan. I 8; Miss. V 126; Xev. V 15; N.C. Ill 1G; Ohio III 12; 
 
 Tenn. Ill 15; Vt. II 22.) 
 Custody in governor or person administering government. (N.J. VIII 2.) 
 Custody in secretary of state. (Ala. V 134; Colo. IV 18; Conn. IV 18; 
 
 Fla. IV 21; Ga. V Sec. Ill 1; Ida. IV 15; 111. V 22; Mich. VI 11; 
 
 Minn. XV 4; Mont. VII 17; Nebr. V 23; N.M. V 10; Okla. VI 18; 
 
 Ore. VI 3; Tex. IV 19; Utah VII 22; Wash. Ill 18; W.Va. II 7; 
 
 Wis. XIII 4; Wyo. IV 15.) 
 Used by governor officially. (Ala. V 133; Ark. VI 9; Cal. V 13; Ind. 
 
 XV 5; Iowa IV 20; Kan. I 8; Miss. V 126; Nev. V 15; Ohio III 12; 
 
 S.C. IV 18; Tenn. Ill 15.) 
 Used by governor as occasion may require. (N.C. Ill 16.) 
 Used by secretary of state officially. (Ida. IV 15; Mont. VII 17; Ore. 
 
 VI 3; Utah VII 22; Wash. Ill 18.) 
 Used by secretary of state officially as directed by law. (Mo. V 22; 
 
 Nebr. V 23; W.Va. II 7; Wyo. IV 15.) 
 Used by secretary of state officially under direction of governor. (Tex. 
 
 IV 19.) 
 Used for authentication of laws. (Md. Ill 30.) 
 Used for authentication of " official acts of the governor, except his 
 
 approval of law, resolutions, appointments to office and administrative 
 
 orders". (Ala. V 134.) 
 Used for authentication of official acts of governor, except approval of 
 
 laws. (Mich. VI 11; Minn. XV 4; Mo. V 20; Okla. VI 18; Wis. 
 
 XIII 4.) 
 Not to be affixed to instrument of writing except by order of governor 
 
 or legislature. (Ga. V Sec. Ill 1.) 
 Use on commissions, See Public Officers — Commissions to. 
 Use on grants, See Grants. 
 SEARCHES AND SEIZURES 
 
 People to be secure in persons, houses, papers and effects from unreason- 
 able searches and seizures. (Ala. I 5; Ark. II 15; Cal. I 19; Colo. 
 
 II 7; Conn. I 8; Del. I 6; Fla. D.R. 22; Ga. I Sec. I 16; Ida. I 17; 
 
 111. II 6; Ind. I 11; Iowa I 8; Ky. 10; La. 7; Me. I 5; Mass. Pt. 
 
 I 14; Mich. II 10; Minn. I 10; Mo. II 11; Mont. Ill 7; Nebr. I 7; 
 
 Nev. I 18; NIL I 19; N.J. I 6; N.M. II 10; N.D. I 18; Ohio I 14; 
 
 Okla. II 30; Pa. I 8; S.C. I 16; S.D. VI 11; Tenn. I 7; Tex. I 9; 
 
 Utah I 14; Vt. I 11; W.Va. Ill 6; Wis. I 11; Wyo. I 4.) 
 Same; "possessions" instead of "papers and effects". (Miss. Ill 33.) 
 Right of people to be secure in persons and property from unreasonable 
 
 searches and seizures to be inviolate. (Kan. B.R. 15.)
 
 T\hl'\ [>h 
 
 SEARCHES AND SEIZURES [Cont'd) 
 
 Right of people to be secure In pei ons, 
 
 unreasonable searches and seizui 
 No law to violate righl of people to 
 
 papers and effects, againsl unreasonab 
 No person to be disturbed in his p 
 
 without authority of law. (Ariz. II 8; Wai 
 Warrants not to issue to search an) 
 
 thing without probable cause, supporl 
 
 Warrants, without oath or affirmation I 
 
 foundation for them, wherebj offi ei 
 
 places or seize persons or property i 
 
 not i. 
 All warrants, without oath or affirmation, 
 
 or to seize person or property, are grievous and - 
 
 Warrants to search suspected places, or to ap] 
 
 without naming or describing place or person in 
 
 and ought not to be granted, i M«l. D.H. 
 
 . 
 No warrant to issue without probable eau 
 
 larly describing place to be searched, and pet 
 
 (Ida. I 17; 111. II 6; S.I). VI 11 : Wyo. I 
 Warrants not to issue without probable cause 
 
 affirmation, particularly describm 
 
 or thing to be seized. (Ark. II 15; « al. 1 19 
 
 I Sec. I lti; Ind. I 11: Iowa I 8; Kan. B.R. I 
 
 Mich. II 10; Minn. I 10; Miss. II 23.; Nebr. I 
 
 Ohio I 14; Ore. I : S.C. I L6; Utah I 14; HA 
 Same; "as nearly as may be" instead of "] 
 
 Del. I 6; Ky. 10; Okla. II 30; Tex. I B.) 
 No warrant to issue but upon probable 
 
 affirmation, and particularly describing place to b 
 
 and things to be seized. iN.I. I 
 Same; inserts "written showing of" before " prol 
 No warrants to search any place 01 rson Of I 
 
 out describing place to be -•" bed or person • 
 
 as near as may be, nor without probab 
 
 or affirmation reduced to venting. (Golo. II 7; MSo, M 
 
 Warrants contrary to peoplels righta unl( 
 
 supported by oath or affirmation, and .... 
 designation of persons or objei te to 
 not to be issued exeepi in cases ai 
 
 Warrants not to issue, bul On complaint in w. 
 supported by oath and affirmation, and d. 
 place to be searched, and persons and I 
 SEAS, See Waters.
 
 1270 State Constitutions 
 
 SEAT OF GOVERNMENT 
 
 Meeting place .of legislature, See Legislature — Sessions. 
 
 No act of legislature changing seat of government to become law until 
 submitted at general election and approved by majority voting on 
 question; act to specify proposed new location. (Ala. IV 78.) 
 
 Capital to be at Phoenix until changed at election provided for by legis- 
 lature not prior to December 31, 1925. (Ariz. XX 0.) 
 
 To remain at Little Rock. (Ark. I.) 
 
 Sacramento declared to be, until clianged by law, approved and ratified 
 by majority voting therefor at general election, under such regulations 
 as legislature by two-thirds vote of each house may provide. (Cal. 
 
 XX 1.) 
 
 Location not to be changed except by vote of two-thirds of electors voting 
 on that question at general election at which question submitted by 
 
 legislature. (Colo. VIII 3.) 
 
 Legislature not to make appropriations for capitol buildings and grounds 
 until seat of government permanently located as provided in con- 
 stitution. (Colo. VIII 4.) 
 
 Dover is capital. (Del. II 5.) 
 
 At Tallahassee. (Fla. XVI 1.) 
 
 Atlanta to be capital of state until changed by same authority and in 
 same way as is provided for alteration of constitution. (Ga. XI Sec. 
 
 IV 1.) 
 
 If municipal corporation offers to state, property for locating or building 
 of capitol, and state accepts it, corporation may comply with offer. 
 
 (Ga. VII Sec. VI 1.) 
 
 To be located at Boise City for 20 years from admission to United 
 States after which time legislature may submit question to qualified 
 voters at general election and majority of votes upon question neces- 
 sary to determine location. (Ida. X 2, 3.) 
 
 Appropriation or expenditures not to be made on account of new capitol 
 grounds and construction, completion and furnishing of the state house 
 exceeding $3,500,000, inclusive of appropriations heretofore made, with- 
 out first submitting question at general election nor unless majority 
 of all votes cast at election are in favor of proposed expenditure. ( 111. 
 
 IV 33.) 
 
 Certain grounds owned by state at, not to be sold or leased. ,(Ind. XV 0.) 
 
 Permanently established at Des Moines. (Iowa XI 8.) 
 
 First legislature to provide for submitting question of permanent loca- 
 tion to popular vote; majority of all votes at some general election 
 necessary for location; temporarily located at Topeka. (Kan. XV 8.) 
 
 To continue at Frankfort. ( Ky. 255. ) 
 
 If municipal corporation offers property or money for locating or build- 
 ing a capitol, and state accepts, the corporation may comply with the 
 
 offer. (Ky. 179.) 
 
 To remain at Baton Rouge. (La. 1G2.) 
 
 Augusta declared to be. (Me. Amend. 33.) 
 
 To be at Lansing. (Mich. I 2.)
 
 Im.i '\ Digest 
 
 SEAT OF GOVERNMENT (Cont'd) 
 
 To be at St. Paul, Km legislature maj i .... 
 
 people or maj locate il on land granted '■ 
 
 if seat of government removed, the eapitol build 
 
 dedicated to institution tor promotion ol 
 
 organized by legislature and in whirl, \|,,, 
 
 always to be a department. (Minn. W l 
 To be at Jackson and no1 to be removed 01 
 
 of majority of electors of state. (Mius. I\ 101 
 Legislature may not remove from Jefferson. 
 Location to be submitted at general election in 
 
 at Helena; and thereafter location not to i»- chaiu 
 
 of two-thirds of qualified electors votin that ijuewtion 
 
 election at which question submitted bj legislntui 
 Legislature not to make appropriations for eapitol buildings and . 
 
 until seat of government permanently Located as p 
 
 tutioa. (Mont 
 Not to be removed or relocated without assent 
 
 or elections under rules prescribed bj law 
 
 ■ 
 To be at Carson City. (Nov. XV 1.) 
 Capital to be at Santa IV until changed by eleel 
 
 provided for by legislature on or aftei Deo 
 
 \\; 
 
 To remain at Raleigh. (X.C. X 1 \' 6.) 
 
 To be at Bismarck. (N.D. XIX 215.) 
 
 Columbus until otherwise direct c.l h\ law. (Ohio X\ 1.) 
 
 When located as provided in constitution nol to 
 
 years and only by majority of votes cast on question !■ 
 
 •_•• neral election I ■ ■ '•■ \ 
 Laws locating capital may take effect or not, upon v. 
 
 Capital not to be changed except bj vote ol p ople. 
 Legislature at first session to submit question ol 
 
 plaec selected to be permanent Beat of s ent 
 
 Legislature not to delegate to special commission, prii 
 
 or association, power to select a capital Bite. (S.D. III 
 If no place voted for at election to determine ; iU n-i 
 
 cast, governor to issue proclamation for election to be tu 
 
 manner at next general election to choose between two 
 
 received highest number of rotes at first election. I 
 
 ducted same as first election and plaee having n 
 
 to be permanent seat of government (S.D. XX 1 
 Austin declared to be. (Tex. Ml 
 3 000 000 acres set apart for Btate eapitol and 
 
 building such lands to be Bold under direction of I. 
 
 \ \ l 
 
 Permanently located at Salt Lake City. .1 t*h \ l %
 
 1272 State Constitutions 
 
 SEAT OF GOVERNMENT (Cont'd) 
 
 Legislature not to delegate to special commission, private corporation 
 
 or association, power to select a capitol site. (Utah VI 29.) 
 Location to be submitted at time of submission of constitution. Until 
 tben to be at Olympia and thereafter location not to be changed ex- 
 cept by vote of two-thirds of qualified electors voting on that question 
 at general election at which question submitted by legislature. (Wash. 
 
 XIV 1, 2.) 
 Legislature not to make appropriations for capitol buildings and grounds 
 except to keep territorial capitol buildings and grounds in repair, and 
 for making necessary additions thereto, until seat of government per- 
 manently located, and public buildings erected at permanent capital in 
 pursuance of law. (Wash. XIV 3.) 
 At Charleston until otherwise provided by law. (W.Va. VI 20.) 
 Madison until otherwise provided by law. (Wis. XIV G.) 
 Not to be changed by legislature, but after 10 years after adoption of 
 constitution may proTide lor submitting question to qualified electors 
 at general election and majority of votes on question to be necessary 
 to determine location. Until location, seat of government to be at 
 
 Cheyenne. (Wyo. VII 23.) 
 SECRETARY OF CIVIL AND MILITARY AFFAIRS 
 
 Appointed by governor during pleasure; governor may command service 
 at all times; compensation to be provided by law. (Vt. II 21.) 
 SECRETARY OF INTERNAL AFFAIRS 
 
 Elected by qualified electors of state at general election for term of four 
 years; if vacancy in office, new election to be held and governor to 
 fill vacancy until election. To have powers and duties of surveyor- 
 general, subject to changes made by law; department to embrace 
 bureau of industrial statistics; to discharge duties relating to cor- 
 porations, charitable institutions, agricultural, manufacturing, mining, 
 mineral, timber and material ami all business interests of state as 
 may be prescribed by law; to report to legislature annually and at 
 such other times as prescribed by law; to have supervision over trans- 
 portation companies and require reports from them. (Pa. IV 8, 19, 
 
 21; XVII 11.) 
 SECRETARY OF STATE 
 
 Under this heading are digested those provisions which specifically refer 
 to this officer. For provisions relating to all officers and hence to this 
 one, See the title " Public Offcers ". 
 Appointment 
 
 By legislature, See below, this title, Election. 
 
 By governor with advice and consent of senate. (Md. II 22; N.J. 
 
 VII Sec. II 4; Tex. IV 21.) 
 By governor with consent of majority of all members elected to sen- 
 ate. (Del. Ill 10.) 
 By governor with advice and consent of two-thirds of all members of 
 
 senate. (Pa. IV 8.) 
 Assistants, See below, this title, Deputies and Assistants.
 
 Inm\ DlGl 
 
 SECRETARY OF STATE (Cont'd) 
 Bond 
 
 To give bond and Becuritj under regulations pr< 
 
 faithful discharge of duti< 
 Bond to be given with Bufficienl sun 
 the use of the state, Eoi punctual ] ■ 
 
 II • 
 Of not loss than double amount 
 
 and not less than $50^000 ; 
 
 increase of penalties, as may be pi 
 
 Compensation 
 
 Salary 
 
 As to whether salary fixed may be chai 
 
 this 8ub 
 
 Fixed by law. (Ala. V 118; Colo. I\ 19; Del. Ill 10; 111 ■ 
 
 Kan. I 15; Minn. V 5; Miaa. \ ' 13; M 
 
 N.C. HI 15; Ohio III I9j Okla. VI \ II 
 
 Fixed at $1,500. (Ma. IV 29; Ore. Mil l.l 
 Fixed at $1,800. (Ida. IV L9; S.D. XXI 
 Fixed at $2,000. (Ark. Sched. 28; Md. II 
 
 N.D. Ill 84; Utah VI] 20; Wyo. I\' I 
 Fixed at $2,000 "and no more". (Tex. IV 2 
 Not to exceed $2,000. (Ga. V Sec. II 
 
 Fixed at $2,500. (Mich. VT21; Okla. Sched ' a. Ill 17.) 
 
 Fixed at $3,000. (Mont. VII I: N.M. \ 
 Fixed at $3,500. (Ariz. V 13.) 
 Fixed at $5,000. (Gal. V 19; La. 81.) 
 Acting as governor, same as governor. (Ala \ 
 
 . VI 18; N.M 
 Acting as governor, same as governor, except h 
 disability or absence from Btate. (Utah VII I 
 Increase or Decrease 
 In Gene nil 
 
 Allowed. (Ariz. V 13; [da. l\ 19; ' D III 
 
 84; Okla. Sched. 15; Utah \ II 20; W 
 Allowed after eighl ^eara from adi 
 
 Allowed after 10 vars from 
 
 Allowed, but total not to I 
 Increase allowed, bu1 total i 
 
 Salary not to < ■ 
 
 b, rea'se prohibited. (Mich. \ 
 
 May be diminished, but no! in 
 Durbftg Term 
 
 . Increase during term of office : i
 
 1274 State Constitutions 
 
 SECRETARY OF STATE (Cont'd) 
 Compensation (Cont'd) 
 
 Increase or Decrease (Cont'd) 
 During Term (Cont'd) 
 
 Prohibited during official term. (Ark. XIX 11; Colo. IV 
 
 19; 111. V 23; Mo. V 24; W.Va. VII 19.) 
 Prohibited during period for which elected. (Ala. V 118; 
 Cal. V 19; Kan. I 15; X.Y. V 1; X.C. Ill 15; X.D. Ill 
 84; Ohio III 19; Okla, VI 34; S.C. IV 24; Wyo. IV 13.) 
 Prohibited to extent that it affects salary during term. 
 
 (Ida. IV 19, V 27.) 
 Prohibited to extent that it affects salary during term, 
 unless vacancy occurs, in which case successor to receive 
 only salary provided by law at time of election or appoint- 
 ment. (Utah VII 20.) 
 Compensation Other Than Salary 
 
 Emolument or allowance other than salary, prohibited. (X.C. 
 
 Ill 15.) 
 Salary to be in full payment for all services rendered. (X.M. 
 
 V 12.) 
 
 Salary to be in full for all services rendered in official capacity 
 
 or employment during term of office. (Cal. V 19; Ida. IV 
 
 19; Mont. VII 4; Utah VII 20.) 
 
 Compensation limited to salary. (Ala. V 137; Ark. XIX 11; 
 
 111. V 23; Ky. 96; La. 81; Mo. V 24; Nebr. V 24; X.M. V 12; 
 
 X.Y. V 1; Okla. VI 34; W.Va. VII 19.) 
 
 Compensation limited to salary, except necessary expenses when 
 
 absent from seat of government on business of state. (Ga. V 
 
 Sec. II 7.) 
 Not to receive additional compensation beyond salary for serv- 
 ices rendered state in connection with internal improvement 
 fund or other interests belonging to state. (Fla. IV 29.) 
 Fees for performance of duties not to be received. (Ida. IV 19; 
 
 Mont. VII 4; X.M. V 12; Utah VII 20.) 
 Fees or perquisites for performance of duties not to be received. 
 (Ala. V 137; Ark. XIX 11; Cal. V 19; 111. V 23; La. 81; 
 Mich. VI 21; Mo. V 24; Xebr. V 24; X.Y. V 1,; Okla. VI 34; 
 Ore. XIII 1; S.D. XXI 2; Tex. IV 23; W. Va. VII 19.) 
 Fees or perquisites not to be received, except necessary expenses 
 when absent from seat of government on business of state. 
 
 (Ga. V Sec. II 7.) 
 
 Fees or perquisites for performance of duty connected with office 
 
 or for performance of additional duty imposed by law not to 
 
 be received. (Xev. XVII 5.) 
 
 Costs not to be received. (Ala. V 137; Ark. XIX 11; 111. V 23; 
 
 Mo. V 24; Xebr. V 24; Okla. VI 34; Tex. IV 23; W.Va. 
 
 VII 19.) 
 Interest on public moneys in hands or under control, not be 
 
 received to own use. (Xebr. V 24.) 
 Payment into treasury, See below, this title, Fees.
 
 1 \ I ■ ! . I ) 
 
 . . 
 
 SECRETARY OF STATE [Confd) 
 Compensation [Cont'd) 
 Expenses 
 
 Necessary expends when abaen 
 
 business of state. (Qa, V Si II, 
 legislature maj provide for actual an 
 traveling in state in pi rformai 
 
 1 ' gwlature may provide I 
 expenses incurred while to perforu 
 
 No salary for clerical Bervi 
 
 Appropriations for clerical and otiw i 
 item and nut to exceed in anj um> 
 salary of assistant secretarj and «; 
 
 Clerical expenses not bo 
 Payment 
 
 Monthly. (La. SI.) 
 
 Quarterly. (Ida. IV 19; Mont. Yll 1. \. . \\|| \ 
 
 Deputies and Assistants 
 
 May appoint deputy, for whose cond 
 
 of death, removal or inability ol 
 
 duties until another secretary appoint (N.H. II 
 
 May appoint and remove assistant 
 
 acts and duties of office in case of al 
 
 tary, or under his direction. (La. 7" 
 May appoint deputies, for whose condud In- i 
 
 Pt. II Ch. II Sec. IV 2; Me. V Pt. Ill 
 No salary for clerical 
 
 \ 
 
 Clerical expenses not to f • ' : 
 
 Appropriations for clerical ami other ex] 
 
 and not to exceed in any one year $10,1 
 
 assistant secretary and expenses "i" tosui 
 
 Dual Office Holding, -See below, this title, 
 
 Election 
 
 Under this subhead are digested I 
 
 refer to this officer. I 
 cm!, Se< the title " Ele< no; 
 lahtre to establish offices and / 
 
 poi>iimn,i, See the 1,1!, " PUBLI. 
 
 Electors 
 
 Qualified electors of state. (Ala. V in. Vrl VI 
 
 Ida IV 2; I ml. VII: I- l H 
 
 Linn. V i; Mont. VII 
 
 1; Ore. VI 1;S.C.IV^;8J>.IV 12; Hal VII 2 
 
 \ I ' I
 
 1276 State Constitutions 
 
 SECRETARY OF STATE [Cont'd) 
 
 Election (Cont'd) 
 Electors (Cont'd) 
 
 Same as for governor. (Cal. V 17; Mass. Amend. 17; Miss. V 
 
 133, 143; Nev. V 19; Vt. II 40.) 
 Same as for members of legislature. (Ga. V Sec. II 1.) 
 Joint vote of legislature. (Me. V Pt. Ill 1; N.H. II 6G; Tenn. 
 
 Ill 17.) 
 Time and Places 
 
 As prescribed by law. (W.Va. VII 2.) 
 
 Same as for governor. (Cal. V 17; Fla. IV 20; Ga. V Sec. II 1; 
 Mass. Amend. 17; Miss. V 133, 143; Nev. V 19; N.Y. V 1, 2; 
 
 Vt. II 40; Va. V 80.) 
 
 At same time as governor, on first Tuesday after first Monday 
 
 in November, 1895, and every four years thereafter. (Ky. 
 
 91, 95.) 
 Same as for members of legislature. (Ala. V 114; Ark. VI 3; 
 Ida. IV 2; Kan. I 1; Mont. VII 2; N.C. Ill 1; N.D. Ill 82; 
 Ore. VI 1; S.D. IV 12; Utah VII 2; Wis. VI 1; Wyo. IV 11.) 
 Same as for members of lower house. (La. 79.) 
 At general election. (Colo. IV 3; N.Y. V 1, 2.) 
 At general biennial election. (Mich. VI 1.) 
 
 At general election in 1876 and every four years thereafter. (Mo. 
 
 V 2.) 
 Biennially at first session of legislature. (Me. Pt. Ill 1.) 
 Biennially at first Tuesday after first Monday of November. (Vt. 
 
 II 35.) 
 Tuesday after first Monday in November, at places for voting for 
 
 members of legislature. (Ohio III 1.) 
 Tuesday after first Monday in November, 1S72, and every four 
 
 years thereafter. (111. V 3.) 
 Tuesday after first Monday in November, 1870, and biennially 
 
 thereafter. (Nebr. V 1.) 
 Tuesday after first Monday of November, 1886, and biennially 
 
 thereafter. (Conn. Amend. XXVII 1.) 
 
 At town, ward and district meetings on Tuesday after first 
 
 Monday in November, 1912, and biennially. /R.I. Amend. 
 
 XVI.) 
 Returns and Canvass 
 
 Contested elections, See below, this subdivision, Contested 
 
 Elections. 
 Election in case of tie vote, See below, this subdivision, Tie 
 
 Vote. 
 Returns made in manner prescribed by law. (Ida. IV 2; Mont. 
 
 VII 2; Vt. II 40.) 
 Same as for governor. (Cal. V 17; Ga. V Sec. II 1; Mass. 
 
 Amend. 17; Miss. V 133, 143; Nev. V 19.) 
 Fact of election ascertained as in case of governor. (Va. V SO.) 
 Votes to be returned, counted, canvassed and declared by treas- 
 urer and comptroller. (Conn. IV IS.) 
 Majority vote necessary to choice. (Ga. V Sec. I 5, Sec. II 1.)
 
 Index Die; 
 
 SECRETARY OF STATE (Cont'd) 
 Election {Cont'd) 
 
 Returns and Canvass (Coi 
 Majority of electoral vote 
 meceBsary to choice, i \h-- \ 
 Specific provisions appear in con til i 
 election of g<n ernor, ai e n< i 
 Election. (Ala. V 115; Ark. \ l\ 
 
 Kan. 1 2; Minn. \ 2; M 
 Ohio 111 3, 4; Wash. Ill 1; W.Va VI 
 
 Failure to Elect 
 
 Legislature, on organization, ' in 
 
 elect, by majoritj vote, person to fill 11 
 
 for full term and until SU< i 
 
 Failure to receive highest numbei ol • 
 
 Contested Elections 
 
 Procedure in case of tie vi 
 
 Determined as prescribed by law. I Ida. I\ 
 
 Determined by legislature in mai i 
 
 V 115; Ga. V Sec I 6, Sec. 11 1; Wo ih 111 
 
 Determined by both houses ol 
 
 ner prescribed bj law. (Colo. IV 3; 111. \ 
 
 Determined by members of both h« 
 
 session of legislature after election in which 
 
 Contests concerning vote of countj oi 
 majority of whole number of mei 
 viva voce vote recorded in journal \ 
 
 Tie Vote 
 
 Legislature at next regular session b 
 vote one of persons in t,e. (Am. 1 I, 
 
 Legislature by joint vot, 
 
 4,17; Colo. IV ::•. 01. \ Is Kan I 
 Nev. V 4,19; N.C. Ill 8; Ohio II! 
 
 Legislature by join.- 
 
 of member* elected n< 
 Legislature!, joint vote without I 
 
 wislature on second day ol 
 
 ^tLteoneof,,, inl
 
 1278 State Constitutions 
 
 SECRETARY OF STATE (Cont'd) 
 Election (Cont'd) 
 
 Tie Vote [Cont'd) 
 
 If failure to elect, or if person elected dies, legislature on or 
 before third Wednesday in January thereafter, to choose by 
 joint ballot, one of persons in tie. (Mass. Amend. 17.) 
 If no person has majority, legislature immediately to elect one 
 of two persons having highest vote, election by viva voce vote, 
 and majority of members present necessary to choice. (Ga. V 
 
 Sec. I 5, Sec. II 1.) 
 If no person receives majority of electoral votes and also majo- 
 rity of popular vote, lower house elects one of two persons 
 having highest number of popular votes. Election by viva voce 
 vote recorded in journal. (Miss. V 133, 141.) 
 Election to Fill Vacancy, See below, this title, Vacancy in Office. 
 Expenses, See above, tliis title, Compensation. 
 Fees 
 
 As to whether fees may be received, See above, this title, Compensa- 
 tion — Compensation Other Than Salary. 
 Fees and profits to be covered into treasury. (N.D. Ill 84; Wyo. 
 
 IV 13.) 
 
 Fees payable by law to be paid in advance into treasury. (Ark. 
 
 XIX 11; Colo. IV 19; 111. V 23; Mo. V 24; Nebr. V 24; W.Va. 
 
 VII 19.) 
 
 Fees payable by law to be collected in advance and deposited with 
 
 treasurer quarterly to credit of state. (Ida. IV 19; Mont. VII 4; 
 
 Utah VII 20.) 
 Fees payable by law to be paid at once into treasury. (Ala. V 137.) 
 Fees payable by law to be collected and paid into treasury monthly 
 
 to credit of general fund. (La. 81.) 
 Fees to be covered into treasury. (Ky. 93.) 
 
 Fees payable by law to be paid when received into treasury. (Tex. 
 
 * IV 23.) 
 Fees received paid into treasury monthly. (Va. V 80.) 
 Impeachment 
 
 See also Impeachment. 
 For misdemeanor in office. (Cal. IV 18.) 
 
 For corrupt conduct in office or for crimes and misdemeanors. (Minn. 
 
 XIII 1.) 
 For crime in official capacity which may require disqualification. 
 
 (Tenn. V 4.) 
 For high crimes or misdemeanors, and for misconduct, habits of 
 
 drunkenness, or oppression in office. (Mo. VII 1.) 
 For " high crimes and misdemeanors, for nonfeasance or malfeasance 
 in office, for incompetency, for corruption, favoritism, extortion, or 
 oppression in office, or for gross misconduct, or habitual drunken- 
 ness". (La. 217.) 
 For wilful neglect of duty, corruption in office, incompetency, intem- 
 perance in use of liquors or narcotics, or offense involving moral 
 turpitude in office. (Ala. VII 173.)
 
 T \ i > i \ [ ) i , 
 
 SECRETARY OF STATE (Cont'd) 
 Oath of Office 
 
 Form prescribed, affirmation alio* [inn \ 
 
 Administered bj governor ... justice of Uighi 
 Office and Publh EIecoeds 
 
 Office to be kept at seed (if govermw \ I. ■>•; \ \ 
 
 Kan. Sched. 6j Mich. \ I | KV 12; N.D. Ill \ I I 
 
 S.D. IV 12; Wis. \ 1 2; Wyo. IV 11.) 
 Office to he kepi at seal of government, bul in 
 violent epidemiesj governor may direel 
 porarily to other place. (Ma. XV] , 
 Public records to be kept at seal of 
 IV 1; Ida. IV 1; 111. V 1; l„,l. \ I 
 Nebr. V 1; N,M. V 1 ; Okla. VI 1; Ore. VI 5; Utah VII 1 
 
 UI 84 ; W.Vi VII 
 Seal of office to be kept at seat of government : . 
 
 Powers and Duties 
 
 As prescribed by law. (Ala. Y 134, 137; Ark. \l 
 
 Conn. IV IS; Del. Ill IQ; l'la. IV 2lj III. \ 1. In4 \l 
 
 IV 22; Ky. 91, 93; Md. II 23; Mich. VI 1. 20; Minn. \ 
 
 V 133; Mo. V 1; Nebr, V 1; Nev. \ 22; M.Y, \ 
 
 N.D. Ill 83; Okla. Y! 17; Ore. \l 2; Pa. I\ I- \II U. 
 
 S.C. IV 24; S.D. IV 13; Tenn. Ill 17; Tex. l\ 21; Ul h VII 
 
 Va. \ T 80; Was],. Ill 17; W.Va. VII I; Wis. \ I 
 As prescribed in constitution and bj law. \n/. \ . 
 
 Me. V Pt. Ill 4; Mont. \ II 1 ; Okla. \ I 1 ; I Lali \ II 1 . 
 Keeper of capitol. ( Fla. JY 21; Miss, V ):;. 
 To be auditor ex officio. i.V.I. YI1I 1; Ore. \ I 2; Wil \ I J 
 To discharge duties of superintendent of publii 
 
 otherwise provided by law. (Ark. \ I 21.) 
 To be secretary of senate ex officio unless otherwis 
 
 ■ I: i \ I i 
 Register of prerogative court, and perform duties req i la 
 
 that respei I 
 Clerk of highest court. (N.J. VI Se< I! 
 Clerk of court of impeachment. (N.J. VI Sec. til : 
 Authenticate publication ot laws. (Tex. IV 21.) 
 Superintend office in person. (Mich. VI 1.) 
 Attend governor and council and legislature in |» i - 
 
 ties. (Mass. Pt. II Ch. II Sec, l\ 2; Me. \ Pt, III •. N.H. II 
 Succession to governorship, Si • ' ■'•'• I bnor. 
 Assist legislature in annual examination and 
 
 until otherwise provided by law. iV.i. \lli I.) 
 Clerical duties belonging to executive department 
 Keeping of public records, 8e< Pi Bl r< Recoh 
 Qualifications and DrsQi \i.ih<\i>. 
 
 Age 
 
 Twenty-five years. (Ariz. V 2; Colo. IV t. 
 
 19; N.D. Ill 8 l\ 11 i 
 
 Twenty-five years at time of election. | Ui \ ' *
 
 1280 State Constitutions 
 
 SECRETARY OF STATE (Cont'd) 
 
 Qualifications axd Disqualifications (Cont'd) 
 Age (Cont'd) 
 
 Twenty-five years ( at time of election ? ) . ( Ida. IV 3 ; Mont. 
 
 VII 3.) 
 Thirty years. (N.M. V 3; Okla. VI 3.) 
 Thirty years at time of election. (Ky. 91; Utah VII 3.) 
 Citizenship 
 
 In United States. (Colo. IV 4; Ida. IV 3; Mo. V 19; Mont. 
 
 VII 3; N.M. V 3; N.D. Ill 82 ; Okla. VI 3; Wyo. IV 11.) 
 In United States for seven years (preceding election?). (Ala. V 
 
 132.) 
 In United States for 10 years preceding election (Ariz. V 2.) 
 In United States for 10 years (preceding election?). (Ga. V 
 
 Sec. II 6.) 
 In state for two years preceding election. (Ky. 91.) 
 In state for five years preceding election. (Ariz. V 2; Miss. V 
 
 133; Utah VII 3.) 
 In state for six years preceding election. (Ga. V Sec. II 6.) 
 Dual Office Holding 
 
 Ineligible to legislature. (Ark. V 7; Conn. X 4; 111. IV 3; N.D. 
 
 II 37; S.D. Ill 3; Tenn. II 26.) 
 Ineligible to legislature during term for which appointed. (Tex. 
 
 III 19.) 
 Ineligible to legislature, but acceptance of office to operate as 
 
 resignation of seat in legislature. (Mass. Pt. II Ch. VI 2.) 
 
 Ineligible to office in either branch of legislature. (N.D. II 37.) 
 
 Ineligible as governor, member of legislature or councillor; but 
 
 election to office and acceptance to operate as resignation of 
 
 seat in chair, legislature or council, and vacancy to be filled. 
 
 (N.H. II 94.) 
 Ineligible to other office during term of service. (W.Va. VII 4.) 
 Ineligible to other office during term of office, except member of 
 
 state board of education. (Mont. VII 4.) 
 Ineligible to other office during period for which elected. (111. 
 
 V 5.) 
 Ineligible to other state office during period for which elected. 
 
 '(Nebr. V 2.) 
 
 Ineligible to other office or commission, civil or military, in 
 
 state or under other state or United States or any power. 
 
 (Ark. VI 22.) 
 Ineligible to office of attorney-general, insurance commissioner, 
 treasurer, auditor, prothonotary, clerk of the peace, register 
 of wills, recorder, sheriff or coroner. (Del. Ill 11.) 
 Electoral 
 
 Must be qualified elector at time of election. (Utah VII 3.) 
 Must have been qualified elector of state for thiee years pre- 
 ceding election. (Okla. VI 3.) 
 Must have qualifications of state electors. (N.D. Ill S2; Wyo. 
 
 IV 11.) 
 Any elector eligible. (Nev. V 19.)
 
 I 
 
 SECRETARY OF STATE {Cont'd) 
 Qualifications and Disqi m.m u \, 
 
 Prior Service in Office as Disqualification 
 Ineligible as own suca \| ;l . \ 
 
 Ineligible to . 
 
 Ineligible more than four in anj period bI 
 
 Ineligible miore than eight in anj 1 1 
 
 VI 
 
 Ineligible to state office for h 
 
 consecutive terms. (\'.\1. \ I, 19] 
 Residence 
 
 Residence -during term, S< i 
 
 In stale for two years pri ceding ( I. 
 
 i\ :»; K \ ■ 
 In stale for five years preceding election. Ua. \ 13] 
 
 In state for five years preceding election ■ 
 
 In state continuously for five y( are 
 
 Sex 
 
 See also abeve, this subdivision, I .\i.. 
 
 Must he male. (Ariz. V J; Mo. Y 19; <>Ua. \ I 
 Removal 
 
 By governor on joint ;;< Id i-<--~ ><i two-third- of - 
 
 eaeli house of legislature for good cause. (Ark. \\ 
 Impeachment, See above, this title, [MPEA< (IMI 
 Residence 
 
 As qualification for office, See above, th\ 
 
 Dl8< 
 
 At seat of government. (Arii. Y 1; Colo. I\' 1: fdt l\ 
 Ind. VI 5; Md. II 2£>, Mo. Y 1; Mont. VII 1; v 
 V 1; Ore. YI 5; Utah V I I 1; VVv.-h. Ill 24j W A 
 At seat of government, except during epideirii 
 Rotation in Office, See abW)4, this title, QrMLn 
 
 fications — Prior Servk i: in Offk i 
 Term of Office 
 Length 
 
 Same as for governor. (Cal. V 17; 11a. W II I 
 
 During pleasure of governor (Del. Ill 1": Pa. IV 
 During term of service of governor. (Tex. I\ 
 During term of governor appointing him. 
 
 1 
 
 One year. (Mass. Amend. 
 
 Two years. (Ariz. V 1 ; Ark. \ I 1 ; ' 
 
 XXVII 2; [da. IV 1 ; Ind. V\ lj law W 
 
 II
 
 1282 State Constitutions 
 
 SECRETARY OF STATE (Cont'd) 
 Teem of Office (Cont'd) 
 Length (Cont'd) 
 
 Mich. VI 1; Minn. V 5; Nebr. V 1; NJML V 1 [1914]; X.Y. 
 V 1, 2; N.D. III 82; Ohio III 2, XVII 2; R.I. Amend. XVI; 
 S.C. IV 24; S.D. IV 12; Wis. VI 1.) 
 Four years. (Ala. V 116; 111. V 1; Ky. 91; La. 79; Miss. V 
 133, 136; Mo. V 2; Mont. VII 1; Okla. VI 4; Ore. VI 1; 
 Term. Ill 17; Utah VII 1; Wash. Ill 3; W.Va. VII 1; Wyo. 
 
 IV 11.) 
 Five years. (N.J. VII Sec. II 4.) 
 
 To serve until successor qualified (regardless of length of term 
 specified). (Ala. V 116; Ark. VI 1; Conn. Amend. XXVII 2; 
 111. V 1; Iowa IV 22; Kan. I 1; Ky. 91; Mass. Amend. 17; 
 Minn. V 5; Miss. V 136; Mo. V 2; Mont. VII 1; Nebr. V 1; 
 N.D. Ill 82; Ohio III 2; R.I. Amend. XVI; S.C. IV 24; Wash. 
 
 Ill 3; Wyo. IV 11.) 
 Re-election to Same Office, See above, this title, Qualifications and 
 Disqualifications — Prior Service in Office as Disqualifica- 
 tion. 
 Time of Beginning 
 
 Same as for governor. (Cal. V 17; Fla. IV 20, 28; Ga. V Sec. 
 
 II 1; Nev. V 19; Va. V 80.) 
 January first after election. (N.M. V 1; N.C. Ill 1.) 
 First Monday in January after election. (Ariz. V 1; Ida. IV 1; 
 
 Ky. 91; Mont. VII 1; Utah VII 1.) 
 First Tuesday of January after election. (R.I. Amend. XVI.) 
 Wednesday after first Monday of January after election. ( Conn. 
 
 Amend. XXVII 2.) 
 First Thursday [after] first Tuesday in January after election. 
 
 (Nebr. V 1.) 
 Second Monday of January after election. (111. V 1; Kan. I 1; 
 
 Mo. V 2; Ohio III 2; Okla. VI 4.) 
 Second Monday of January after election until otherwise pro- 
 vided by law. (Wash. Ill 4.) 
 Second Tuesday of January after election. (Colo. IV 1.) 
 First Monday after second Tuesday in January after election. 
 
 (Ala. V 11G.) 
 Third Wednesday in January after election. (Mass. Amend. 17.) 
 March fourth after election. (W.Va. VII 1.) 
 Vacancy in Office 
 
 Filled by governor with advice and consent of senate. (La. 79.) 
 Filled by governor for unexpired term. (Ark. VI 22.) 
 Filled by governor until successor elected and qualified. (111. V 20; 
 
 Mont. VII 7.) 
 
 Filled by governor until successor elected and qualified as provided 
 
 by law. (Colo. IV 6; Ida. IV 6; Nebr. V 20; Utah VII 10; W.Va. 
 
 VII 17.) 
 Filled by governor until next annual election and until smeessor 
 
 qualified. (Minn. V 4.)
 
 I DlQ] 
 
 SECRETARY OF STATE (Cont'd) 
 Vacancy in Office [Cont'd) 
 
 Filled by governor until disabili 
 and qualified; unsoundness of mind 
 on suggestion of goveri Via. V l 
 
 Filled by governor till disability removed 
 election at first general election more than : 
 occurs, to fill for remainder of unexpired term. 
 
 During session of legislature, filled bj joint 
 
 people at large; if vacancy during recess, filled I 
 advice and consent of council. (Mass. Amend. 
 
 Filled by legislature in joint convention if ir 
 ernor fills until successor elected by Legislature and 
 
 I ELI. Amend. 
 
 In case secretary of state-elect dies, removes fro 
 
 serve, becomes insane or otherwise incapacitated, 01 if I 
 
 elect, legislature, upon its organization, to meel in joinl 
 
 tion and elect, by majority vote, person to fill the of) 
 
 tion by legislature is because of the failure of candidal 
 
 receive plurality of votes election to be made from who 
 
 receive same and largest number of votes. Person i 
 
 for remainder of term or full term, as ad until 
 
 successor qualified. (R.I. Amend. XI 3, 7.) 
 
 Caused by impeachment, displacement, resignation, death or ii 
 pacity for other reason to perform duties, filled bj governi i 
 disability removed and successor elected anl qualified. \ 
 be filled by election at first general election more tli 
 days after happening, and person elected to hold 
 
 pired term, i Kan. I 
 
 In case of death, impeachment, resignation <>r other 
 by governor until disability removed or 
 qualified. Election to be held at first general election d 
 30 days after vacancy occurs, and su< 
 
 full term. 
 
 When he acts as governor, unless during tern] 
 governor; vacancy filled as directed by constitu 
 
 Failure to qualify deemed to create vacancy. 
 
 SEIZURES, See Searches and Seizures. 
 
 SENTENCES, See Crimes. 
 
 SEPARATION OF POWERS, See Distribution or 1 
 
 SHERIFFS 
 
 Under this heading are digested those p> 
 to this officer. For provisions relating I 
 one, See "Public Officers", and 
 
 For liability of county for acts of sheriff, 
 
 ti
 
 1284 State Constitutions 
 
 SHERIFFS (Cont'd) 
 In General 
 
 Sheriff to be member of executive department of state. (Ala. V 112.) 
 Sheriff to be commissioned by governor. (Ark. VII 46, 48; Del. Ill 
 
 22.) 
 Legislature to provide by general and uniform laws for election or 
 
 appointment in each county. (Cal. XI 5.) 
 Governor not to have power to remit fees of sheriff in penal or 
 criminal cases (this occurs as an exception to remission of fines, 
 
 etc.). (Ky. 77.) 
 When civil sheriff is party in interest one of his deputies to act. 
 
 (La. 142.) 
 Governor to appoint sheriff in new county to hold until next suc- 
 ceeding general election and until successor qualifies. (Mo. IX 10.) 
 Jurisdiction of sheriff not to be regulated by local, private or special 
 
 law. (Mo. IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill &6.) 
 Practice of sheriff not to be regulated by local, private or special law. 
 
 (Mo. IV 53; Okla. V 46; Pa. Ill 7; Tex. Ill 56.) 
 Legislature to have power to " increase, diminish, consolidate or 
 abolish the following county officers" (including sheriff). (Nev. 
 
 IV 32.) 
 
 Office of sheriff created for each organized county. (Okla. XVII 2.) 
 
 Slier iff' to be one of county officers. (Pa. XIV 1.) 
 
 Local or special legislation regulating practice or jurisdiction of and 
 
 changing rules of evidence in judicial proceedings of, forbidden. 
 
 (Tex. Ill 56.) 
 Accounting fob Public Funds 
 
 See also helow, this title. Fees. 
 
 To " account to and settle with " city of New Orleans for fines and 
 judgments collected by him without deductions; all expenses to 
 be paid by city. (Criminal sheriff.) (La. 142.) 
 Failure to settle accounts renders ineligible to hold office of governor 
 
 or seat in legislature. (N.H. II 94.) 
 Sheriff "disqualified for the office a second time" if in default for 
 
 moneys collected by virtue of his office. (S.C. V 30.) 
 Laws to be enacted and enforced by suitable provisions in counties 
 requiring sheriffs who receive or pay out money for the "state, 
 county, district or municipal corporation, to make annual account 
 and settlement therefor. Settlement, when made, to be " subject to 
 exceptions, and take such direction and have only such force and 
 effect as may be provided by law ", settlement to be recorded and 
 open to examination of people at convenient place appointed by law. 
 
 (W.Va. VI 27.) 
 
 Bond 
 
 For failure to comply rendering office vacant, See below, this title, 
 Vacancy in Office — What Constitutes. 
 
 Shall become bound in sufficient sureties to state treasurer for faith- 
 ful discharge of duties of office. (Conn. Amend. VII.) 
 
 Before entering on duties and as often thereafter as may be deemed 
 proper to give bond and security prescribed by law. (Ky. 103.)
 
 1 M > I 
 
 SHERIFFS {Cont'd) 
 Bond (Cont'd) 
 
 Sheriff elected or appointed to gh 
 
 To give separate bonds for pel 
 capacity" (collector of state, parish 
 
 cipal), bonds to be according I 
 
 Civil sheriff, $50,000; criminal 
 examined in open court ( Neffl 
 To give such bond as required by law. 
 May be required to renew security 
 
 To give security before entering u] 
 prescribed by law. (Mo. IX 10.) 
 Bond to be renewed annually. (N.J. VI! 
 May be required by law to giv< ai i 
 
 • 
 To give security to county treasurer in i 
 by legislature before entering upon dut 
 Compensation 
 Salary 
 
 Legislature to regulate " in proportion 
 To be paid such salary or conij 
 quisites or emoluments of lii- 
 fund as provided by law. This sccti-'- 
 wise expressly provided by ((institution. 
 Legislature to fix by law. ill:.. VII! :\ 
 
 In Cook county to receive as onlj 
 
 ceeding salary of circuit court < be 
 
 paid only out of fees of tin : 
 In counties having population of 7 
 of state treasury by salary fixed I 
 and deputies and necessarj i 
 per cent, of fees collected by him an 
 
 Salary in parish of Orleans prescribed, i 
 Orleans monthly; to receive no othei 
 
 For sheriff of Baltimore including 
 pensation as may be fixed by la 
 expenses fixed by law for conduct 
 such manner and at such tin 
 
 Legislature to regulate compenwtioi 
 and for that purpose may 
 
 Constitution class! ties ln< 
 
 " tion not exceeding 
 000 and not exceed in?
 
 1286 State Constitutions 
 
 SHERIFFS {Cont'd) 
 
 Compensation ( Cont'd ) 
 Salary (Cont'd) 
 
 $5,000,000, and fixes definite limits of salaries for each class, 
 leaving exact salary to legislature. These provisions to apply 
 to any officers of county performing duties usually performed 
 by those named regardless of title to their offices. (Wyo. XIV 
 
 3,5.) 
 Other Than Salary 
 
 Legislature not to authorize or require and county not to have 
 authority to increase or decrease fees and compensation of any 
 public officers during their terms of office, but this not to 
 prevent legislature increasing or diminishing allowances to 
 sheriffs or other officers for feeding, transferring or guarding 
 prisoners. This does not apply to allowances by commissioners' 
 court or boards of revenue to county officers for ex-officio 
 
 services. (Ala. IV 68.) 
 Fees for sheriff as executive officer of circuit court of record 
 
 (for specified counties) to be fixed by law. (Fla, V 30.) 
 Parish to pay for "his services in criminal matters — the keep- 
 ing of prisoners, conveying convicts, insane persons, juveniles, 
 lepers, and other persons committed to any institution of the 
 state, service of process from another parish, and service of 
 process or the performance of any duty beyond the limits of 
 his own parish excepted — " not exceeding $500 for each repre- 
 sentative of the parish in the lower house of legislature. 
 
 (La. 120.) 
 Compensation as tax collector not to exceed 5 per cent, on sums 
 
 collected and paid over. (La. 120.) 
 Civil sheriff in parish of Orleans to receive as compensation fees 
 allowed by law and to pay his deputies and his office expenses. 
 
 (La. 142.) 
 Fees, salaries and emoluments to be provided for by law. (N.C. 
 
 IV 18.) 
 Perquisites and fees to be prescribed by legislature. (Tex. V 23.) 
 In addition to salary may receive fees prescribed by law foi 
 services in civil cases. (Wyo. XIV 2.) 
 Deputies and Assistants 
 
 Deputy not to be member of legislature. (Conn. X 4; Me. IX 2.) 
 When authorized by county commissioners the sheriff may appoint 
 such deputies and assistants as the duties of his office require at 
 compensation fixed by county commissioners. (Ida. XVIII 6.) 
 In Cook county number of deputies and assistants to be determined 
 by rule of circuit court and entered of record and compensation 
 to be fixed by county board. (111. X 9 1 . ) 
 Sheriff not to act as deputy for succeeding term. (Ky. 99.) 
 Criminal sheriff to appoint with approval judges of district court 
 such number as judges deem necessary at salaries fixed by city 
 council and paid by city; each of such judges to name one deputy 
 to serve as court crier at specified salary; these to perform duties 
 required by sheriff when not engaged in court. (La. 142.)
 
 Index Dig esi 
 
 SHERIFFS (Cont'd) 
 
 Deputies ami Assistants (Coni 
 Acceptance of seat in Congrc- 
 
 Deputy-sheriff not to be sheriff for m . „ 
 
 depi 
 Dual Office Holding 
 
 Election 
 Electors 
 
 To be elected in each county bj 
 
 Ark. VII 46; Del. Ill 22 j NY. X 1. 
 
 Tex. V 23; Va. VI 1 110; Wis. \ I 
 To be elected by qualified electoi i in < 
 
 ject to change by law. (Ariz. XII 
 Legislature to provide for elect p 
 
 en. 
 To be elected by legal voters 
 
 ment) entitled to vote for membei 
 
 Voters of each county to elect. (Intl. VI . 
 
 ■ 
 Qualified voters of each parish, except Orl< 
 In parish of Orleans " a civil and b* 
 
 elected .by voters. (La. 142.) 
 Elected by people of respective conn 
 
 To be elected by people of the several disti 
 
 . 
 
 To be elected in each county in manner jm 
 
 county. I V 
 Legislature to provide for election by the 
 To be elected by inhabitant? of towna in I 
 
 "according to the method now practiced" " 
 
 but legislature may change manner 1 ; *opl< 
 
 right to elect. (N.H. 11 3 
 To be elected by "people" of county. (NJ. VII 
 Qualified voters of each count\ I 
 
 bers of legislature". (N.O. IV . 
 To be elected by freemen of their 
 
 II 
 
 Legislature to provide by general and uniform I 
 
 in eacl 
 
 Time and Place 
 
 Legislature to provide by gei 
 
 or appointment in each county. 
 To be elected in each county at tl 
 
 lature are elected. This - 
 
 expressly provided by constituti 
 Shall Be elected in each county on 
 
 November. (Conn. Amp rid. XXVI I 
 At general elections. (Del 01 22; tad VI J
 
 12&8 State Consthitioxs 
 
 SHERIFFS (Cont'd) 
 i-j E( tion (Cont'd) 
 
 Time and Place (Cont'd) 
 
 To be elected in each county. (Fla. V 15; Ky. 99.) 
 
 Legislature to provide by general and uniform laws for election 
 
 of sheriff biennially in each county. (Ida. XVIII 6.) 
 To be elected in each county at general election Tuesday after 
 first Monday November, 1882, and every four years following. 
 
 (III. X 8.) 
 At general election. (La. 119.) 
 
 If not fixed by constitution to be at time parochial and munici- 
 pal elections (New Orleans) . (La. 152.) 
 On second Monday of September. (Me. IX 10.) 
 One to be elected in each county every two years and in Balti- 
 more in 1915 at general election and every four years there- 
 after. (Md. IV 44.) 
 To be elected biennially in each organized county. (Mich. VIII 
 
 3; S.D. IX 5.) 
 First Tuesday following first Monday November, 1908, and every 
 
 four years thereafter. (Mo. IX 10.) 
 At election for legislature. (N.J. VII 2. 7.) 
 To be elected in each organized county. (N.D. X 173.) 
 Biennially, first Tuesday after first. Monday November. (Vt. II 
 
 Fees 
 
 »S'ee also above, this title, Compensation — Other than Salary. 
 Legislature to establish fees to be collected by sheriff for services 
 
 performed " in the manner and for the uses provided by law, and 
 
 for this purpose may classify counties by population ". (Cal. XI 5.) 
 Fees (for acting as executive officer of circuit court of record) to 
 
 be fixed by law. (Fla. V 30.) 
 In Cook county all fees, perquisites and emoluments in excess of 
 
 amount allowed for salaries to be paid into county treasury. (111. 
 
 X 9.) 
 Legislature to provide general fee bill or bill of costs regulating fees 
 
 and compensation in civil matters. (La. 129.) 
 To continue as fixed by law until otherwise provided by law. (La. 
 
 153.) 
 Legislature to provide for strict accountability as to fees collected 
 
 and all public moneys paid to or which officially come into his 
 
 possession. (Wash. XI 5.) 
 Indictment 
 
 Subject to for misfeasance or malfeasance in office or wilful neglect 
 of duties in manner prescribed by law; but officer to have right 
 to appeal to court of appeals. (Ky. 227.) 
 
 Subject to indictment for malfeasance, misfeasance or neglect of 
 
 official duty. (W.Va. IX 4.) 
 Peace of Office 
 
 To keep office in town or place within county in which superior court 
 
 usually held. (Del. Ill 23.) 
 
 To hold office at county seat. (Mich. VIII 4.) 
 
 To keep office in the county town. (Pa. XIV 4.)
 
 I M > I \ I ) | . 
 
 SHERIFFS (Cont'd) 
 Powers and Di i i 
 
 To be prescribed U } law. (Ariz. XII 4 \ 
 
 6; Md. IV 44; Mich. VI 11 3; NcV. l\ 
 
 To be ex-oflicio collector of tas 
 
 Legislature to prescribe by general ai I ui 
 To be conservator of peace in county in \\\ 
 To be executive officer of circuit court i 
 
 counties and duties to be fixed by law 
 In counties where deemed expedient li 
 
 of jailor with office of sheriff, and the i 
 
 Except in specified parish to be ex-offii 
 
 all other taxes except municipal I 
 
 as such until proof made that he has 
 
 collect taxes. (La. 119, 120.) 
 Duties except as provided in con 
 
 civil slier ill* to be executive officer of civil 
 
 Orleans except city courts; criminal Bheriff ' 
 
 of all criminal courts in parish; civil Bheriff I 
 
 deputies, he to determine number. 
 To give notice of elections authOrizi 
 
 pr< - 
 To be ministerial officer of circuit and c< ntj i 
 
 such other duties as required bj law. VII ! 
 
 To be collector of county taxes exci pi 
 
 inh 
 Duties to be performed by him person 
 
 Retiring to finish all business and foi 
 
 and official bond to remain in force. (YY.Va, I \ 
 
 QUALIFICATIONS AND DlSQUAI.l Hf.Vl 1< '.\ .s 
 
 In General 
 
 If impeached and convicted, nol i 
 
 state during time foT \vhich be h 
 
 ineligible to office of governor 
 
 fails to settle account- I iff. •» 
 
 To be prescribed by law. (Ariz. XII 4 
 Twenty-four years of age at th 
 
 resident of state two ye 
 
 he is candidate one year n 
 Twenty-five years of a* 
 
 of Baltimore; citizen i 
 
 No person to hold office after 
 
 r II 
 
 Sheriff "disqualified for t'
 
 1290 State Constitutions 
 
 SHERIFFS (Cont'd) 
 
 Qualifications and Disqualifications {Cont'd) 
 In General (Cont'd) 
 
 of moneys collected by virtue of his office; ineligible to office 
 of governor or to seat in legislature if he fails to settle accounts 
 
 as sheriff. (N.H. II 94.) 
 To be elector of county in which elected. (N.D. X 173.) 
 
 Dual Office Holding 
 
 Acceptance of other office rendering office of sheriff vacant, See 
 
 below, this title, Vacancy in Office. 
 Previous service in office as disqualification, See below, this 
 
 title, Rotation in Office. 
 Ineligible to seat in legislature. (Ark. V 7; Me. IX 2; W.Va. 
 
 VI 13.) 
 
 Not entitled to seat in legislature. (Conn. X 4; 111. IV 3; Mass. 
 
 Pt. II Ch. VI 2; N.J. IV Sec. V 3; S.D. Ill 3; Va. IV 44.) 
 
 Not to hold office of secretary of state, attorney general, insurance 
 
 commissioner, state treasurer, auditor of accounts, pro- 
 
 thonotary, clerk of the peace, register of wills, recorder, or 
 
 coroner. (Del. Ill 11.) 
 Not to be justice of supreme court or of inferior court; attorney- 
 general; county attorney; state treasurer; adjutant-general; 
 judge of probate; register of probate; register of deeds; clerk 
 
 of judicial courts. (Me. IX 2.) 
 Not to be at same time judge or register of probate or register 
 
 of deeds. (Mass. Pt. II Ch. VI 2.) 
 To hold no other office. (Mich. VIII 5; N.Y. X 1; Wis. VI 4.) 
 Not to hold at same time office of register of deeds or judge of 
 probate; " and never more than two offices of profit which may 
 be held by appointment of the governor, or governor and 
 council, or senate and house of representatives, or superior or 
 inferior courts". (N.H. II 93.) 
 Not to hold any office in or be member of either house of legis- 
 lature. (N.D. II 37.) 
 Not to hold office of governor, lieutenant-governor, justice of 
 supreme court, treasurer of state, member of ^senate, member 
 of house of representatives, surveyor-general. (Vt. II 50.) 
 Not to hold office of county treasurer, attorney of commonwealth, 
 county clerk, commissioner of revenue, superintendent of the 
 poor, county surveyor, or supervisor. (Va. VII 113.) 
 During term and for one year thereafter not to be eligible to any 
 
 other office. (W.Va. IX 3.) 
 Removal 
 
 May be removed under regulations prescribed by law for wilful neglect 
 of duty, corruption in office, incompetency, or intemperance in the 
 use of intoxicating liquors or narcotics to such an extent, in 
 view of the dignity of the office and importance of its duties, as 
 unfits the officer for the discharge of such duties, or for any offense 
 involving moral turpitude while in office, or committed under color 
 thereof, or connected therewith. (Ala. VII 174, 173, 176.)
 
 I !•: I )., 
 
 SHERIFFS [Cont'd) 
 Removal (Cont'd) 
 
 May be impeached as provided in 
 from jail or from his or hie deputr 
 grievous bodily harm owing to ai 
 other grave fault of Bheriff. Ii ,• 
 be eligible to hold any office in 
 had been elected or appointed. 
 
 May be removed bj Legislature. (Conn \ 
 
 May be removed by district, courl of don 
 Orleans civil districl court, for big] 
 feasance or malfeasance in office, foi in 
 favoritism, extortion or oppression in • 
 or habitual drunkenness. The disl 
 and shall institute such suit on written 
 citizens and taxpayers who may enl 
 parties including petitioning taxpayers, mth 
 officer acquitted petitioning citizens liable i 
 visions for preference on appeal pending 
 suspension of accused officer, i La, 222, I 
 
 May be removed for maH 
 
 Governor may remove on giving copy of 
 
 ' 1 S 
 Residence 
 
 To reside or have sworn deputy within two 
 
 To be in county. (S.C. V 30.) 
 
 Shall reside in county for which elected. (VY.Ya. I\ 
 Rotation in Office 
 
 Not to be eligible as his oWn \ 
 
 Not eligible more than four years in any Bir. 
 
 VII 
 Not to be twice elected in any term of four yi III i 
 
 Not eligible for re-election for four y< 
 
 which el 
 Not to hold office for more than two c 
 Not to be eligible to re election or to > I 
 
 Ineligible for two years after termination of • 
 
 gible for re election " in Baltimore; an ' - 
 
 ment of 1914 that sheriff 
 
 eligible for re-election. (Md [V 44.) 
 Not eligible to " immediately - 
 
 " Eligible only four years in 
 appointed to till vacancy nol li 
 
 appoint . )X 
 
 Three years to elapse between U rms. (NJ. VII I 
 
 Not to hob! Office for more (ban four J 
 
 \
 
 1292 State Constitutions 
 
 SHERIFFS (Cont'd) 
 
 Rotation in Office (Cont'd) 
 
 Not to be eligible more than six years in eight. (Term. VII 1.) 
 Not to be elected for two consecutive terms (deputy sheriff not to be 
 sheriff for next term; sheriff not to act as deputy to successor). 
 
 (VV.Va. 1X3.) 
 Ineligible for two years next succeeding end of term. (Wis. VI 4.) 
 Term 
 
 Four years unless sooner removed. (Ala. V 138.) 
 Two years. (Ariz. XII 3; Ark. VII 46; Del. Ill 22; Ind. VI 2; 
 Ore. VI 6, VII 16; S.D. IX 5; Tenn. VII 1; Tex. V 23; Wis. VI 4.) 
 Legislature to prescribe by general and uniform laws. (Cal. XI 5.) 
 Commences first day of June following election and continues for four 
 
 years. (Conn. Amend. XXVIII.) 
 Four years. (Fla. VIII 6; La. 119, 142; W.Va. IX 1, 2.) 
 To commence first Monday of December after election and continue 
 
 for four years and until successor qualified. (111. X 8.) 
 To commence January first next after election and continue for four 
 
 years and until successor qualifies. (Ky. 99.) 
 Two years from January 1st, next after election. (Me. IX 10.) 
 Two years in counties; four years in Baltimore, and in each case 
 
 until successor qualifies. (Md. IV 44.) 
 Such as legislature prescribes. (Mass. Amend. XIX; Wash. XI 5.) 
 Four years and unless removed until successors duly qualified to enter 
 
 on discharge of their duties. (Miss. V 135, 136.) 
 Four years and until successor qualifies. (Mo. IX 10; S.C. V 30.) 
 Three years. (N.J. VII 2, 7.) 
 
 Three years except that two or four years as legislature provides in 
 
 New York, Kings and counties co-terminous with cities. (N.Y. XL) 
 
 Two years and until successor qualifies. (Mont. XVI 5; N.C. IV 
 
 24, 25; N.D. X 173.) 
 Two years from 1st February next after election. (Vt. II 48.) 
 Vacancies 
 
 How Filled 
 
 By special election; but in case of vacancy occurring six months 
 before next general election, governor to fill by appointment. 
 
 - (Ark. VII 50.) 
 Vacancies caused by death or resignation to be filled by legisla- 
 ture. (Conn. IV 20.) 
 If unexpired term is one year or more vacancy to be filled by 
 special election called by governor within 60 clays; if balance 
 of term less than one year governor to appoint therefor. 
 Except in specified parish coroner to act as sheriff during 
 vacancy; if no coroner, district court to make temporary 
 appointment; coroner not to discharge duties of tax collector 
 while acting during vacancy. (La. 110.) 
 If unexpired term 'is more than one year to be filled by special 
 election called by " proper legal authority " held within 60 
 days under general state election laws; where unexpired term 
 is less than one year governor to fill with consent of senate 
 for balance of term. (New Orleans.) (La. 157.)
 
 I.M'ia Dig 
 
 SHERIFFS (Cont'd) 
 Vacancies {Cont'd) 
 
 How Filled (Cont'd) 
 
 Vacancy to bo fill.-d by election 
 
 lowing; but governor with 
 
 pointment until next January 1st. | "■ 
 Governor to appoint for balance of t, rm. I M t 
 Vacancy to be filled by county court 
 
 than nine months prior to genera 
 
 special election and appoint until 
 
 tion qualifies. If vacancj happ 
 
 to general election court to b : at 
 
 such general election qualifies. !X 11.) 
 
 Filled by election by county i 
 County commissioners to fill fo 
 Occurring subsequent to an. ele I 
 
 successor, elected by qualified i i 
 
 any county officers, qualities. (Term. VI! 
 To be filled by commissioner^' court until 
 
 for county or state officers, (Tex. Ill 
 Filled by appointment and appointee to hob! f> i 
 
 tion of term and until successor elect* 
 
 \ I i 
 
 What Constitutes 
 
 Conviction for misfeasance or in 
 neglect of duties in manner pres 
 
 Failure to comply with requirement to o 
 
 ■ 
 
 Acceptance of scat in Congress render* 
 
 M .. 
 Failure to renew security from time to tit 
 
 renders office vacant. (Mich. VI 11 •' 
 On being elected am! taking scai in eithei 
 
 office of sheriff to be considered vacal 
 Failure to give new security from tin 
 
 by law renders ollice vacant. (N.Y. X 1; Wi 
 Failure to qualifv renders ofl 
 Qualification of sheriff as member of 
 
 Conviction of malfeasance, n 
 
 renders office vacant. (W.Va. IX 4.) 
 
 SHORT BALLOT 
 
 r, -j- ..- „„ tr, ,,-hni nfUcera are appoint. 
 
 For information as to u hat ojp,ceia 
 
 SLANDER, See Libel and SlanmB. 
 
 SLAVERY 
 
 Slavery prohibited. (Ma. D.R. 24; R.L I 4.) 
 
 Legislature to make no la, r gni*g ■
 
 1294 State Constitutions 
 
 SLAVERY (Cont'd) 
 
 Slavery and involuntary servitude prohibited, except as punishment for 
 crime. (Ala. I 32; Ark. II 27; Cal. I 18; Colo. II 26; Fla. D.R. 19; 
 Ga. I Sec. I 17; Ind. I 37; Iowa I 23; Kan. B.R. 6; Ky. 25; Mich. 
 II 8; Minn. I 2; Miss. Ill 1'5; Mo. II 31; Mont. Ill 28; Nebr. 1 2; 
 Nev. I 17; N.C I 33; Ohio I 0; Ore. 1 34; Tenn. I 33; Utah I 21; 
 
 Wis. I 2.) 
 
 No male over 21 or female over 18 ought to be holden by law to serve 
 
 any person as slave unless bound by own consent after arriving at 
 
 such age, or bound by law for payment of debts, damages, fines, costs 
 
 or the like. (Vt. I 1.) 
 No indenture of negro or mulatto made out of state valid within state. 
 
 (Ind. I 37.) 
 State never to assume or pay any claim for loss or emancipation of any 
 
 slave. (N.C. I 6.) 
 
 No law providing for payment by this state for slaves emancipated from 
 
 servitude in state to be passed; legislature to establish measures to 
 
 obtain payment for such slaves from United States and distribute same 
 
 to persons entitled. (Md. Ill 37.) 
 Compensation for abolition of slavery due from United States. (Md. 
 
 D.R. 24.) 
 Children of parents, one or both of whom were slaves at time of cohabi- 
 tation recognized by father as children, and whose mother was recog- 
 nized by father as his wife, capable of inheriting any estate of which 
 father may have died seized as though born in lawful wedlock. (Va. 
 
 XIV 195.) 
 SLEEPING CAR COMPANIES 
 See also Car Companies. 
 
 For provisions relating to all transportation companies, See Transporta- 
 tion Companies. 
 For provisions relating to all public service corporations, See Public 
 
 Service Corporations. 
 For proinsions relating to all corporations, See Corporations. 
 Appeal by removal, to supreme court from orders of corporation com- 
 mission; such cases given preference and heard at all times. (N.M. 
 
 XI 7.) 
 
 Appeal to civil courts from orders, rates, classifications, etc., of railroad 
 
 commission irrespective of amount, allowed; tried summarily and 
 
 given preference over all other cases. (La. 285.) 
 
 Appeal to " the courts of this state " from rates fixed by legislature or 
 
 board of railroad commissioners allowed; fixed rates standing pending 
 
 decision. (N.D. VII 142.) 
 Declared to be common carriers, and subject to liability as such. (Miss. 
 
 VII 195.) 
 Declared to be public carriers, subject to legislative control. (N.D. 
 
 VII 142.) 
 
 Legislature to prevent abuses, discrimination and extortion in charges 
 
 and exercise supervision; to provide penalties to extent of forfeiture 
 
 of franchise. (Miss. VII 186. >
 
 I M > i : \ 1 ) i . 
 
 SLEEPING CAR COMPANIES (Con* 1 
 
 Penalty fur unlawful rates or violating ord 
 
 Rates fixed and controlled by railroad eomn 
 shorter than longer distance only with | 
 
 Rates fixed and controlled by state corporation 
 Rates fixed by railroad commission remain in 
 
 penalty payable state for each <: 
 
 ■u 
 
 Rates may be regulated and controlled bj legislatui 
 Taxation, >See Taxation — ASSESS U I ibpora 1 1 
 
 SOCIAL CORPORATIONS 
 
 Legislature may not incorporate or amend 01 
 special law, if not under control of Btate. 
 SOLDIERS AND SAILORS 
 
 Exemption from Taxation, See Taxation — E: 
 Pensions 
 
 Pensions and gratuities for military Bervie 
 
 of appropriations for charitable purposes. (Pa, III 
 Legislature may provide pensions for veteran* ■: wai 
 pendence, and their widows, on proof of 
 before county court. (Tex. XVI 55.) 
 Legislature authorized at first session after :i 
 provide proper and liberal legislation to guars 
 to every indigent or disabled Confederi 
 and of Confederate states resident in the 
 
 indigent \\ I 
 
 Taxing power may be exercised by legislature I 
 and artificial limbs for veteran.- of Civil war 
 
 I 
 Legislature to provide pensions f<>r ind 
 
 Confederate army and navy in Civil war ii"« I 
 and not able to earn support; and for ii 
 soldiers or sailors when incapable ol 
 subsequent marriage. (Mi-. XIV 21 
 Not to exceed $S a month to be allowed ti 
 possessing qualifications detailed in coi 
 
 in g 
 
 Legislature not to grant except for milil 
 
 III 
 
 Preference in Civil Service. Bee dm Shbvick. 
 Quartering in Bouse 
 
 In time of peace quartering of soldiers | 
 
 ■ 
 
 In time of pence quartering ol wldiers pn 
 of owner; in time of war permitted 
 by law. . Ua. I 28; Ariz. II 27; Cak " • 
 
 I 19- Fla Wl 23; Ida. I 12: 111. I!
 
 1-96 .State Constitutions 
 
 SOLDIERS AND SAILORS (Cont'd) 
 
 Quartering in Hou.se (Cont'd) 
 
 Ky. B.R. 22; Md. D.R. 31; Mo. II 27; Mont. Ill 22; Nebr. I 18; 
 New I 12; N.J. I 13; N.M. II 9; N.C. I 36; N.D. I 12; Ohio I 13; 
 Okla. II 14; Ore. I 28; Pa. I 23; R.I. I 19; S.C. I 26; S.D. VI 16; 
 Tenn. I 27; Tex. I 25; Utah I 20; Wash. I 31; W.Va. Ill 12; 
 
 Wyo. I 25.) 
 No soldiers to be quartered in any house or on any premises, with- 
 out consent of owner in time of peace; nor in time of war except 
 in manner prescribed by law. (Ark. II 27.) 
 No soldiers to be quartered in house in time of peace except with 
 consent of owner or occupant; nor in time of war except as pre 
 scribed by law. (Me. I 18; Mich. II 7.) 
 In time of peace quartering soldiers in house without consent of 
 occupant forbidden; in time of war to be allowed only as pre- 
 scribed by law. (Kan. B.R. 14.) 
 In time of peace quartering of soldiers prohibited, without consent 
 of owner; in time of war permitted only by civil magistrate in 
 manner prescribed by law. (Del. I 18; C4a. I Sec. I 19.) 
 In time of peace, soldiers ought not to be quartered in house with- 
 out consent of owner: in time of war ought not be quartered 
 except by civil magistrate in manner ordained by legislature. 
 
 (Mass. Pt. I 27.) 
 Forbidden in case of soldiers without consent of owner in time of 
 peace: in time of war ought not be done except by civil magistrate 
 in manner ordained by legislature. (N.H. I 27.) 
 Residence, See Residence. 
 Soldiers' Home 
 
 To be public institutions of state. (N.D. XIX 216.) 
 
 Legislature to aid in establishment and maintenance of home for 
 
 Confederate veterans, wives and women who aided Confederacy; 
 
 husband and wife to remain together in home. (Tex. Ill 51.) 
 
 To be controlled and managed by board of commissioners of state 
 
 institutions, subject to limitations prescribed by law. (Nebr. 
 
 IV 19.) 
 To be established and supported by state in manner prescribed by 
 
 law. , (Mont. XL) 
 Legislature to appropriate each year for soldiers' home, to be main- 
 tained by state; detailed provisions given. (La. 302.) 
 Legislature to provide by law for maintenance of soldiers' home for 
 honorably discharged Union soldiers, sailors and marines and 
 members of state militia disabled on duty and who are bona fide 
 
 citizens of state. (Wash. X 3.) 
 State Aid 
 
 Legislature may grant aid to certain, and to their widows. Detailed 
 
 provisions as to qualifications. (Tex. Ill 51.) 
 Appropriations to institutions caring for widows and ornhans of, 
 may be made, but must be used for support of such widows and 
 
 orphans. (Pa. Ill 19.) 
 Voting by, See Elections.
 
 I \ 1 1 1, \ I > : . 
 
 SOLICITOR-GENERAL 
 
 Under this heading are digested f/io ■ 
 
 to this officer. For provisions relating i<> a\ 
 
 one. See the title Pi bi ic Offici rs. In Ot 
 
 is known as solicitor-general. For p 
 
 See II"' title Prose< ottng ^ttob ■ 
 Appointed by governor with advice and 
 
 made by governor at leasl seven dayB bcf< 
 
 I" [] ■ 
 Ineligible to legislature, but acceptance of 
 
 of seat in legislature. (Mass. I"t. I! Ch. \l 2 
 Shall not continue to hold office after election lo < i 
 
 it, but acceptance to be resignation from offii 
 
 SOLICITORS, See Prosecuting Attorneys. 
 
 SPECIAL OR LOCAL LAWS 
 
 For making of laws generally, Set I egisi mini Pbi 
 Amendment or Extension of 
 
 No existing special or local lav to be 
 
 1 1 
 
 Consideration by Standing Committee 
 
 Before reference to committei tl, prh i 
 
 referred to and considered b\ joint standinj 
 turned to house in which originated with si 
 whether object of bill can be accomplished m 
 by court proceeding, whereupon bill with ac 
 takes usual course; joint committee maj be 
 sideration of bill bj same proa lure as i 
 
 other 
 
 Definition of 
 
 Local law — one which applies to any polil 
 divisions less than the whole; special or prh 
 
 applies to any individual, association 01 
 
 Embrace One Subject Only 
 
 No private or local bill to embrace in- 
 expressed in it. title. (N.Y. Ill 16; Wis. H 
 
 Force of 
 
 Local and private laws for benefit of com I 
 
 tions and private persons, not ini I «"• 
 
 with constitution, to have for, 
 
 decision as to validity an I to anj lin ' 
 
 t. : 
 
 Prohibition Against Enactment of 
 
 General Law, Power to Enact, Sto LaWB Gm 
 By Amendment of General Law 
 
 Not to be amended SO as to 1 
 
 imendmenl of general Ian
 
 1298 State Constitutions 
 
 SPECIAL OR LOCAL LAWS (Cont'd) 
 
 Prohibition Against Enactment op (Cont'd) 
 By Partial Repeal of General Law 
 
 Xo special, private or local law to be enacted indirectly by 
 partial repeal of general law. (Ala. IV 105.) 
 
 No special or local law T to be indirectly enacted by partial repeal 
 of general law, but laws repealing local or special laws may 
 be passed. (Ky. 60; La. 49; Mo. IV 53; Pa. Ill 7.) 
 
 Xo special or local law to be introduced or enacted by partial 
 repeal of general law, but laws repealing local or special acts 
 
 may be passed. (X.D. II 70.) 
 
 Partial repeal of general law not to operate directly or indirectly 
 
 to enact, and not to liave effect of enacting, special, private 
 
 or local law. (Va. IV 64.) 
 General Law Not to Contain 
 
 General law not to embrace provision of private, special or local 
 
 character: (X.J. IV Sec. VII 4.) 
 
 Prohibition on passage of local or special law not to prohibit 
 
 legislature from enacting special provisions in general law. 
 
 (S.'C. Ill 34.) 
 Where General Law Applicable 
 
 Law to be general and of uniform operation in all cases where 
 general law applicable. (Ind. IV 23; Towa III 30; Xev. IV 21.) 
 Xo special law to be enacted. (Ariz. IV 19; Ark. V 2-5; Cal. 
 IV 25; Colo. V 25; Ga. I Sec. IV 1; 111. IV 22; Md. Ill 33; 
 Mont. V 26; Xebr. Ill 15; X.M. IV 24; X.D. II 70; Okla. V 
 59; S.C. Ill 34; S.D. Ill 23; Tex. Ill 56; Utah VI 26; W.Va. 
 
 VI 39; Wis. Ill 27; Wyo. Ill 27.) 
 Xo special or local act granting powers or privileges, to be 
 
 enacted. (Ky. 60; Pa. Ill 7.) 
 Xo special or local law to be enacted ; whether general act can 
 be made applicable to be judicial question. (Kan. II 17; 
 
 Mich. IV 30.) 
 Xo special or local law to be enacted; whether such circum- 
 stances exist to be judicial question and determined without 
 regard to any legislative assertion. (Minn. II 33; Mo. IV 53.) 
 Xo special or local law to be enacted for benefit of individual 
 or corporation in cases which are or can be proyided for by 
 general law; in all ,cases where general law can be made 
 applicable and be advantageous, no special law to be enacted. 
 
 (Miss. IV 87.) 
 
 Xo suecial, private or local law, except fixing time of holding 
 
 courts, to be enacted in any case provided for by general law; 
 
 courts to decide whether matter is so provided for. (Ala. 
 
 IV 105.) 
 Where Courts Can Give Relief 
 
 Xo special act to be passed where courts have jurisdiction and 
 are competent to give desired relief. (W.Va. VI 39.) 
 
 Xo special or local act granting powers or privileges to be enacted 
 where courts have jurisdiction to grant same or give relief 
 asked for. (Ky. 60; Pa. Ill 7.)
 
 
 
 SPECIAL OR LOCAL LAVv 
 PfiOHIBJ I COJS Au \l SSI 
 
 Where Courts Can Give R 
 No special, privati 
 
 .ill.-, to be 
 court of - 
 
 N<> sp< cia] 01 i '! law f< 
 to be ena< 
 
 . 
 Legislai are noi to grai 
 
 which courts or other tribuii 
 
 In Special Cases 
 
 Actions in courts, Si 1 
 Coi BTS. 
 Age, declaring ; ■ 
 of, See Minors. 
 Agricultun Agri- 
 
 ci 1.1 i kf.. 
 Arbitration court.-, See 
 Coi rts — • Arbitra- 
 tion Coi RTS. 
 Auditors, See Courts - 
 Auditors. 
 Banks, See Banks. 
 Boroughs, See Bor- 
 oughs. 
 Cemeteries, See Ceme 
 teries. 
 Charities and chai 
 institutions, 
 
 Children, See Children. 
 
 Church property, sale 
 See Religion. 
 
 Cities, See Cn 
 
 Citizenship, restoration 
 of rights to peri- 
 convicted of crime. 
 Sec Crimes As m - 
 
 QUALIFICATION OB Dis 
 
 ABILITY. 
 Claims againsl -' 
 
 Stati F] us 
 Commissioners, 
 
 Courts Commts 
 
 Sl<>\ 
 
 Constahles, S« 
 
 In i 
 Di\ 

 
 3 300 
 
 State Constitutions 
 
 SPECIAL OR LOCAL LAWS (Cont'd) 
 
 Prohibition Against Enactment of (Cont'd) 
 In Special Cases ( Con t'd ) 
 
 Justices' courts, See 
 
 Courts — Justices' 
 
 Courts. 
 
 Justices of peace, See 
 Courts — J ustices 
 of Peace. 
 
 Labor, See Labor. 
 
 Liens, See Liens. 
 
 Liquors, See Liquors. 
 
 Limitation of actions, 
 See Courts — Limi- 
 tation of Actions. 
 
 Live stock, See Agri- 
 culture. 
 
 Magistrates, See Courts 
 — Magistrates. 
 
 Manufacturing, Scr 
 
 Manufacture. 
 
 Masters in Chancery, 
 See Courts — Chan- 
 cery Courts. 
 
 Minors, See Minors. 
 
 Municipalities, See 
 
 Municipalities. 
 
 Names, See Names. 
 
 Persons under legal dis- 
 ability, See Persons 
 under Legal Dis- 
 ability. 
 
 Police courts. See 
 
 Courts — Police 
 
 Courts. 
 
 Prisons, See Penal In- 
 stitutions. 
 
 Property, Sec Property. 
 
 Notice Required Before Enactment 
 Rule 
 
 Public contracts, Sec 
 
 Public Contracts. 
 Public grounds, See 
 
 Public Grounds. 
 Public lands. Sec Public 
 Lands. 
 Public officers, See Pub- 
 lic Officers. 
 Real property, See Prop- 
 erty. 
 Refunding money paid 
 into treasury, See 
 State Finances. 
 Religious societies. See 
 Religion. 
 Roads, See Roads. 
 School districts, See 
 Education. 
 Sheriffs, See Sheriffs. 
 Social corporations, See 
 Social Corporations. 
 State debt, See State 
 Debt. 
 Taxes, See Taxation. 
 Towns. See Towns. 
 Townships, Sec Town- 
 ships. 
 Venue, change of, See 
 
 Courts — Trials. 
 Villages, See Villages. 
 Wards, See Municipali- 
 ties. 
 Waters. See Waters. 
 Wills. See Decedents' 
 Estates. 
 Women. Sec Women. 
 
 No private law to be passed unless 30 days' notice of application 
 of intention to pass such law shall have been given, as pro- 
 
 vided by law. (N.C II 12.) 
 
 No special, private or local law to be passed unless public notice 
 
 of intention to apply therefor, and of general objects thereof, 
 
 shall have been previously given; time, mode and evidence of 
 
 notice to be prescribed by first legislature. (N.J. IV Sec. 
 
 VII 9.)
 
 [ N D] 
 
 SPECIAL OR LOCAL LAWS . - 
 Notice Required Before E • 
 Rule (Cont'd) 
 
 No! to be passed mil. 
 lished in locality to ' 
 introduction of bill and in mam 
 of publication to be exhibited in 
 (Ark. V 26; Ga. Ill Sec. Ml m 
 
 Not to be passed unless notice of h 
 published in locality to be affected il 
 introduction of bill and in mai 
 state .Mil. -lam . of conti mplati [lav 
 to be exhibited in legislatui 
 
 Not to be passed unj 
 
 published in locality to be affi 
 introduction of bill and in manner | 
 state substance of law and eviden 
 hibited in legislature 1 
 
 in 
 
 Not to be passed unless notice of int 
 published without cost to state in 
 days prior to introduction of bill ai 
 by law for advertising of judicial 
 stance of contemplated law an 
 exhibited in legislature before | 
 
 recital thai 
 
 Not to be considered unless m 
 published for four consecuti\ 
 published or of general circulation in citj ■ 
 stating in substance contents of i 
 of publication to be filed with 
 
 Not to be passed unless, prior to inti 
 intention, to apply therefor pul 
 in county or counties to be affect) 
 four consecutive weeks in newspaper 
 none, by posting for four con 
 places therein; notice to 
 affidavit of such notice to b< 
 
 Not to be passed unless not 
 
 published in locality to be affect 
 substance of contemplated law 
 provided by law at Least 
 Evidence of publication t< 
 
 Failure to Give Notice 
 
 Courts to pronounce v« 
 
 journals do not affirmatii 
 
 with !■
 
 1302 State Constitutions 
 
 SPECIAL OR LOCAL LAWS [Cont'd) 
 Passage 
 
 Affirmative vote required on bills appropriating public money for 
 local or private purposes, See Appropriations. 
 Reference to Committee 
 
 No local or private bill to be passed by either house until referred 
 to standing committee thereof and reported back with recom- 
 mendations that it pass, stating affirmatively reasons therefor and 
 why purposes cannot be reached by general law or by court pro 
 ceedings; if recommendation against bill, not to pass house unless 
 by arlirinative vote of majority of all members elected thereto. 
 
 (Miss. IV 89.) 
 Repeal of 
 
 Laws repealing local or special laws may be passed. (Ky. 60; La. 49; 
 
 Mo. IV 53; X.D. II 70; Pa. Ill 7.) 
 
 Any existing special or local law may be repealed. (Minn. II 33.) 
 
 Not to repeal or modify, by special, private or local law, except upon 
 
 notice given and shown as in case of passage of such laws. (Ala. 
 
 IV 107.) 
 Time \\ hen Effective 
 
 Not until approved by majority of electors voting thereon in district 
 
 to be affected. (Mich. IV 30.) 
 
 SPECIAL SESSIONS, COURT OP, See CotiBTS — Criminal Courts. 
 
 SPEECH, FREEDOM OF, See Freedom of Speech and Publication. 
 STANDING ARMY 
 
 Ought not to be kept. (X.C. I 24.) 
 
 Ought to be avoided as far as circumstances and safety of community 
 
 will admit. (Tenn. I 24.) 
 Not to be kept without consent of legislature. (Ala. 1 "27; Del. I 17.) 
 Ought not to be kept up without consent of legislature. (Md. D.R. 29; 
 
 N.H. I 25.) 
 
 In time of peace should be avoided as dangerous to liberty. (Va. I 13.) 
 
 Not to be kept in time of peace. (Ark. II 27; Ariz. II 27; Cal. I 12; 
 
 Iowa I 14; Kan. B.R. 4; Minn. I 14; Nev. I 11; N.D. I 12; Ohio I 4; 
 
 Wash. I 31.) 
 In time of peace should be avoided as dangerous to liberty. (W.Va. Ill 
 
 12.) 
 Jsot to be kept in time of peace without consent of legislature. (Ky. 
 
 B.R. 22; Me. I 17; Ta. I 22; S.C. I 26.) 
 Ought not to be kept in time of peace without consent of legislature. 
 
 (Mass. Pt. I 17.) 
 Appropriations for limited to one year. (Ala. I 27.) 
 Appropriations for limited to two year's in time of war. (Iowa I 14.) 
 
 STATE AUDITOR, See Auditor. 
 STATE BUSINESS ENTERPRISE 
 
 State to have right to engage in industrial pursuits. (Ariz. II 34.) 
 
 " Right of the state to engage in any occupation or business for public 
 
 purposes shall not be denied, nor prohibited ", except state not to engage 
 
 in agriculture for other than educational and scientific purposes and 
 
 for support of its penal, charitable and educational institutions. (Okla. 
 
 II 31.)
 
 I.mh . Digest 
 
 
 STATE BUSINESS ENTERPRISE (Cont'd) 
 
 Legislature empowered to erect, purchase, o, 
 more terminal grain elevators in the state, an 
 spection, wcghing and grading of all grain r. 
 applies to elevators in Mi . and Wisconsin 
 
 State not to be interested in any private or - 
 
 State shall not become part owner in the buftini 
 
 State not to undertake to earn on business of any pub!i( 
 
 poration or a tioi 
 
 Banks 
 
 See Banks — State Bank. 
 
 See Banks — State Interest in. 
 Canals, See Canals — State Canai -. 
 Joint ownership, See Public Property State Ownership 
 Slate as stockholder in corporation, See Public Pbi 
 
 OWN! RSHIP PROUII 
 
 STATE CAPITAL, See Seat of Government. 
 
 STATE COMPTROLLER, See Comptroller. 
 
 STATE DEBT 
 
 For exemption of from taxation, See Tan \ 1 m\ 
 Existing Time Adoption Constitution, Assumption 
 For provisions limitiinj amount of state debt ■ 
 the compulation of debts existing time adop\ 
 determining whether existing debt 
 below, this title, Limit of A mm 
 For provisions respecting power to men 
 
 fund debts existing time adoption constitute 
 title, Purpose — Payment Existing Debts. 
 "All debts contracted and engagements entered into, 
 
 adoption of this constitution" to be valid 
 
 \1\ 
 
 Debts, liabilities and Obligations of territory in I 
 admission of state, assumed. (Ida. XXI 19; M 
 No. 1 (3): Nev. XVII 7: N.D. XVI 
 
 XIII 6. 7. 8, XXII (3), XXVI IS (3) j Utah III (3 : V\ 
 XXVI (3) ; Wyo. Ord. Sec. 4.) 
 
 For payment of territorial deW assumed 
 
 not exceeding in aggregate L% per cent, val • 
 in state. (Utah XIV 1.) 
 
 Debts and liabilities of territory and d. 
 valid and subsisting a( time of p 
 and shall be paid by state; state Bubi 
 eluding rights 01 indemnity and reimbui 
 of the territory or any of it- counties, bul 
 strued as validating territorial county, muni 
 obligations or evidences t& indel hi<* M 
 
 invalid at the (in- state admitted: but no a\
 
 1304 State Constitutions 
 
 STATE DEBT (Cont'd) 
 
 Existing Time Adoption Constitution, Assumption op. Repudiation 
 
 (Cont'd) 
 of its counties or municipalities illegal at time state was admitted 
 to be validated or legalized in any manner. This irrevocable 
 without consent of United States. (Ariz. XX Sixth.) 
 State assumes and pledges credit to payment of valid debts and 
 liabilities of territory and its counties with subrogation to all 
 rights of territory or counties in respect thereto; but this not 
 to be construed as validating debts or liabilities invalid at time 
 of admission of state; legislature not to pass any law validating 
 such invalid debts or liabilities; these provisions irrepealable 
 without consent of United States; legislature to provide for 
 payment or refund of such assumed debts by sale of bonds or 
 . otherwise; bonds for such purpose to be issued in series as pre- 
 scribed. (X.M. XXI 3, IX 1, 3.) 
 Obligation of debts contracted by state not affected by ike con- 
 stitution. (X.Y. I 17.) 
 Legislature not to assume debts or bonds issued by authority of 
 specified sessions of previous legislature, excepting bonds for fund- 
 ing j)re-existing state debt, unless approved by majority qualified 
 voters of state at regular election held for that purpose. (X.C. 
 
 I G.) 
 State not to assume or pay Civil war debts.- (Ga. VII Sec. XI 1; 
 
 Mo. IV 52; X.C. I 6,) 
 Xo appropriation to be made for payment of debt or obligation 
 
 created in name of state during Civil war. (Va. XIII 1S6.) 
 Specified railroad bonds repudiated. (Ga. Amend. Sec. 6618 p. 
 
 1533, Code, 1911.) 
 Legislature not to pay interest or principal of specified bonds. (Ark. 
 
 XX, Amend. 1; Ga. VII Sec. XI 1.) 
 State not to " assume, redeem, secure or pay any indebtedness or 
 pretended indebtedness alleged to be due the state of Mississippi 
 to any person, association or corporation whatsoever claiming 
 the same as owners, holders or assignees, or any bond or bonds 
 now generally known as ' Union Bank ' bonds and * Planters Bank ' 
 bonds". (Miss. XIV 25S.) 
 Prohibition 
 In General 
 
 For detail provisions respecting debts for purposes mentioned in 
 the exceptions under this heading, See beloir, tids title, Pur- 
 pose. 
 Xo debt to be created by state; but see exceptions immediately 
 following. (Ala. XI 213; Ark. XVI 1; Colo. XI 3; Fla. IX 6; 
 Ga. VII Sec. Ill 1, Sec. XII 1; Ind. X 5; La. 46; Mich. X 11; 
 Minn. IX 7; Mo. IV 44; Ohio VIII 3; Pa. IX 4; Tex. Ill 49; 
 Va. XIII 1S4; W.Va. X 4; Wis. VIII 4, 9.) 
 Except to pay " existing debt ", (Ga. VII Sec. Ill 1; Pa. IX 4; 
 
 Tex. Ill 49.) 
 Except to refund "existing" bonded debt. (Ala. XI 213.) 
 Except to redeem "present outstanding" debt of state. (Ohio 
 
 VIII 2.)
 
 I MH'\ i )|i.| .| 
 
 STATE DEBT (Cont'd) 
 Prohibition (Cont'd) 
 In General (Cont'd) 
 
 Except to redeem previous Liabil 
 
 Except to refund bonds already i- 
 
 Except for renewal of existing 1 1- when lh< 
 
 at maturity out of Binking fund ..r othi 
 Except for transfer or redemption i 
 
 Except to refund specified debt existing I 
 tional provision. (La. 324.) 
 
 Except to pay interest on Btate debt, i Ind. 
 
 Except to supply deficiencies of revenue 
 XI 3; <ia. VII Sec 111 I; Ind. \ 5; Mich 
 Ohio VIII 1; Pa. IX 4; Tex. Ill (9; V"a. Kill 
 
 Except for expenses not provided for. (Ohio \ III 1 
 Except for extraordinary expenditu Mian. IX ... V 
 
 Except on occurrence of "' unfbl 
 Except to erect public buildings for aa 
 Except to repel invasion, suppress insurrection and d 
 in war. (Colo. XI 3; Ga. VII See. Ill 1; Mich 
 VIII 2; Pa. IX 4; Tex. Ill 1'J; Va. Mil 184 
 
 \ m 
 
 Except to repd invasion or Buppresc 
 
 213; Fla. IX 6; La. 46.) 
 Except in time of war to suppress insurrection 
 
 Except to aid United States in time of war. 
 
 Except to repel invasion, suppress ins' 
 
 threatened provide for public defense, (Ind. 
 
 Unless Approved on Referendum 
 
 No debt to be created without referendum; 
 immediatelv following. (111. IV 
 NM. IX 8, 15; X.V. VII 4j Okla. 8 
 
 VIII 
 
 Except bonds to pay or refund valid boi 
 Except debts "to pay auy pari of the debl of the 
 
 Except for deficient - -e. < 111. I 
 
 49; N.M. IX 7: N.Y. VII 2; Okla. X 
 Except to meet expenses no1 provided I i 
 
 VII 2; Okla. X 23; Wash. VIII 1 
 
 Except for "neceaBax, exp 
 
 1 I \
 
 1306 State Constitutions 
 
 STATE DEBT (Cont'd) 
 Pkohibition {Cont'd) 
 
 Unless Approved on Referendum {Cont'd) 
 
 Except to repel invasion, suppress insurrection or defend state 
 in war. (111. IV 18; Iowa VII 4; N.M. IX 7; N.Y. VII 3; 
 Okla. X 24; Wash. VIII 2.) 
 
 Except to repel invasion, suppress insurrection or if hostilities 
 are threatened provide for public defense. (Ky. 49.) 
 
 Except to amount of $50,000,000 for improvement of highways. 
 
 (N.Y. VII 12.) 
 
 " No scrip, certificate or other evidence of state indebtedness 
 shall be issued except for the redemption of stock, bonds or 
 other evidences of indebtedness previously issued or for such 
 debts as are expressly authorized in this constitution * * * 
 to the end that the debt credit of South Carolina may not 
 hereafter be increased without the due consideration and free 
 consent of the people of the state. The general assembly is 
 hereby forbidden to create any further debt or obligation 
 either by the loan of the credit of the state, by guarantee, 
 indorsement, or otherwise except for the ordinary and current 
 business of the state without first submitting the question as 
 to the creation of such new debt, guarantee, indorsement or 
 loan of its credit to the qualified electors of this state at a 
 general state election." (S.C. X 7, 11.) 
 
 Legislature not to " pledge the faith of the state for the payment 
 of the obligations of others " without the consent of the 
 people; but this does not apply to money deposited with the 
 state by the United States. (R.I. r IV 13.) 
 
 Unless Compliance with Specified Conditions 
 
 No money to be borrowed or debt created by state except pursu- 
 ant to act of legislature passed by three-fourths members 
 elected to each house, except to supply casual deficiencies of 
 revenue, repel invasion, suppress insurrection, defend state in 
 war or pay existing debts. (Del. VIII 3.) 
 
 Until state's bonds " shall be at par " legislature not to contract 
 new debt or pecuniary obligation except to supply casual 
 deficit or suppress invasion or insurrection without providing 
 in same bill for special tax to pay interest annually. (N.C. 
 
 V 4.) 
 
 Legislature not to contract debt unless by law providing for 
 collection of tax to pay interest and principal at maturity 
 except that legislature may without levying such tax borrow 
 $50,000 for temporary deficiencies and may contract debts to 
 necessary amount to defend state. (Md. Ill 34.) 
 
 Limit of Amount 
 In General 
 
 For limitations on amount of debts for particular purposes, See 
 
 beloio, this title, Purpose. 
 Fifty thousand dollars in aggregate, except in case of war, to 
 
 repel invasion or suppress insurrection, and except not exceed-
 
 
 STATE DEBT (Cont'd) 
 
 Limit of Amount (Cont'd) 
 In General (Cont'd) 
 
 ing 2 per cent, o 
 ing and maintaining pi 
 One hundred thousand do] 
 pressing insu. 
 
 One hundred thousand doll 
 dinary expenses, makii g p . 
 
 deficiencies in revenue, 
 
 reetion or defend 
 
 limited amount to be in addition 
 
 Two hundred thousand d 
 
 revenue or extraordinar; 
 
 suppress insurrection, 
 
 public defense in case of tin 
 
 issued to refund "existing 
 
 of the amount thus Limited. (N.D. Ml IS 
 Three hundred thousand dollars in 
 
 and maintaining state highways, or 
 
 tion, repelling invasion or for pur] 
 
 not apply to any money deposited with al 
 
 or any money held by state in trusl for li 
 
 Three hundred thousand dollars in b 
 invasion/ suppress insurrection, def< 
 
 hostilities be threatened provide I 
 
 so limited allowed " for the purp 
 
 to transact its business up 
 
 tion"; and assumption of territorial del 
 
 contracting such amount for Buch p 
 
 One per cent, of assessed value of 1 ■■ 
 
 shown by las! preceding 
 
 except in case of war to repel i: 
 
 One and one-half per cent in a 
 
 property of the state as shown by I 
 purposes pre o Lncuri 
 
 suppress ii 
 
 debt may be incurred f 
 
 and for 
 
 erection of public buildings and 
 
 Unless Approved on Referendum 
 Three hundred thousand d 
 war to repel invasion or supptf 
 
 One hundred thousand dollar, in ag 
 
 . i : ;..„ ,,r ninnri X " 
 
 war 
 
 to repel invasion or sup:
 
 1308 State ( Vlnstiitttons 
 
 STATE DEBT (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 Unless Approved on Referendum (Cont'd) 
 
 One* hundred thousand dollars in aggregate, except for purposes 
 of war or to repel invasion or to suppress insurrection; but 
 " this section shall not be construed to refer to any money 
 that has been, or may be, deposited with this state by the 
 government of the United States". (X.J. IV 6, 4.) 
 Fifty thousand dollars " without the express consent of the 
 people " except " in time of war or in case of insurrection or 
 invasion"; but this does not refer to money deposited with 
 the state by United States. (R.I. IV 13.) 
 Taxes for current year, except for suppression of insurrection or 
 
 provision for public defense. (Wyo. XVI 2.) 
 Two million dollars in aggregate, except in case of war to repel 
 invasion or suppress insurrection; this limitation to be exclu- 
 sive of debt of territory at time of state's admission, and 
 exclusive of debts incurred after January 1, 1911, for com- 
 pletion and furnishing state capitol, and exclusive of debt or 
 liability incurred by specified session of state legislature. 
 
 (Ida. VIII 1.) 
 One million dollars for extraordinary expenses or public improve- 
 ments, except to repel invasion, suppress insurrection or defend 
 state in time of war. (Kan. XI 6, 5, 7.) 
 Debts Approved on Referendum 
 
 No such debt to be created if total state debt exclusive of debts 
 of territory and its counties assumed by state would thereby 
 exceed 1 per cent, of assessed valuation of taxable property 
 in state as shown by last preceding general assessment; this 
 does not prevent issue of bonds to refund or pay valid bonds 
 of state. (N.M. IX 8, 15.) 
 Law Authorizing 
 
 As to application of referendum, provisions to bills authorizing crea- 
 tion or funding of debt, See Initiative and Referendum. 
 For provisions prohibiting incurring of debts or prohibiting incurring 
 of debts beyond a limited amount unless authorized by law 
 approved on referendum, See above, litis title, " Prohibition — 
 Unless Approved on Referendum"; and " Limit Amount — 
 Unless Approved on Referendum ". 
 Procedure on Passage in Legislature 
 
 Laws to raise money on credit of state or to pledge faith of 
 state for payment of any debt must be read " three several 
 times " and pass " three several readings " on* three different 
 days and agreed to by each house and yeas and nays on 
 second and third reading entered on journals. (X.C. II 14.) 
 Vote to be taken by yeas and nays entered on journal. (Ala. II 
 13; Kan. XI 5; Minn. IX 5; N.Y. Ill 25, VII 4; Okla. X 25; 
 
 Va. IV 50; Wis. VIII 8.) 
 Three-fifths of members elected to each house required for 
 
 quorum. (X.Y. Ill 25; Wis. VIII 8.)
 
 Imikx Digi 
 
 STATE DEBT [Cont'd) 
 
 Law Ai thokizi m. i ( 'ont'd) 
 
 Procedure on Passage in Legislaiu: 
 On final passage in each hou 
 bill pass and ought the Bam* 
 people?" (N.Y. VU I. Okla. X i 
 Vole Required for Passage by Legislature 
 Majority of members elected to < 
 
 46; Va. IV 50; Wis. \ III 
 Two-thirds membei s of < ach h< 
 Throe fourths of members elected to • 
 supply casual deficiem ii 
 insurrection, defend state in wai oi ps 
 
 \ III 
 Specification of Purpose 
 
 To specify distinctly some single work i i 
 to be created. (Cal. XVI I , Colo. XI I 
 VII Sec. IV l; Ida. Vlll 1 •. Iowa \ II 
 ITS; Minn. IX 5; Mont. XIII 2; Nev. 1' 
 N.Y. VII 1; N.I). XII L82; Okla. X 16, 
 
 WU VIII 
 Law authorizing borrowing of monej to »\ 
 
 which to be used. (Pa. IX 5.) 
 No law to authorize any debl except foi pur] 
 
 Provision for Payment of Interest and Principal 
 
 See also below, this title, " teWSMPTIOH ". I 
 
 In General 
 
 To provide ways and means excll 
 
 of interest as it falls due and prin 
 
 XVI 1; Ida. \ 111 1; N.l. tV 6, 4; Waal Vlll I 
 To provide for payment of interest annu 
 
 when duo,, from tax levied for that 
 
 sources of revenue. I S.D. XIII 5 
 Such provision irrepealal le until i 
 Provision to be made at til f BUbl 
 
 debt for payment of interest thi r< 
 
 levied for purpose or from 
 
 (This provision not required 
 t i 
 
 By Levy of Taa> 
 
 To provide for levying annual I 
 as it falls duo and principal al D 
 [owaVII5; Kan. XI 6; Kj 50; Md I 
 Mo. IV 44; Mont. XIII 2; tfe I 
 
 ■■Shall impose and 
 nual ta ' m,i "'" ' ' 
 
 de bi as .i falls duo. and also to
 
 1310 State Constitutions 
 
 STATE DEBT (Cont'd) 
 
 Law Authorizing (Cont'd) 
 
 Provision for Payment of Interest and Principal (Cont'd) 
 By Levy of Tax (Cont'd) 
 
 principal of such debt " at maturity. This applies also to 
 bonds issued in lieu of bond authorizations, but not issued 
 prior to adoption of constitution. (N.Y. VII 4.) 
 
 To provide for levying direct annual tax sufficient to pay in- 
 terest as it falls due and principal at maturity. (Okla. 
 
 X 25.) 
 
 To provide for payment of interest annually and principal 
 when due, from tax levied for that purpose or from other 
 sources of revenue. (S.D. XIII 2.) 
 
 To provide for annual tax sufficient to pay interest semi- 
 annually and principal at maturity. (N.D. XII 182.) 
 
 No bonded debt to be created or renewed unless law authoriz- 
 ing provides for levying and collecting annually tax suf- 
 ficient to pay interest annually and provide sinking fund 
 for their redemption at maturity. (Ohio XII 11.) 
 
 Until state's bonds " shall be at par " legislature not to con- 
 tract new debt or pecuniary obligation, except to supply 
 casual deficit or to suppress invasion or insurrection, un- 
 less in the same bill provision is made for levy of " a 
 special tax to pay the interest annually ". ( N.C. V 4. ) 
 
 Proceeds of such tax to be specifically appropriated to pay- 
 ment of interest and principal of such debt. (Kan. XI 5; 
 Minn. IX 5; Nev. IX 3; N.D. XII 182; Wis. VIII 6.) 
 
 Provision to be made at time of submitting law proposing 
 debt for payment of interest thereon annually from tax 
 levied for purpose or from other sources of revenue. (This 
 provision not required to be in law authorizing.) (111. 
 
 IV 18.) 
 
 To be irrepealable and annually collected until proceeds shall 
 have made provision for payment of interest and prin- 
 cipal; in case of repeal or prohibition of further debts 
 under such law it is to remain in force " in proportion to 
 the debt and liability which may have been contracted in 
 pursuance of such law " and shall be irrepealable and 
 annually collected until proceeds have made provision to 
 pay and discharge interest and principal. (N.Y. VII 4.) 
 
 Tax imposed by law authorizing debt " in proportion to the 
 debt or liability which may have been contracted in pur- 
 suance thereof " to remain in force, be irrepealable and an- 
 nually collected until principal and interest fully paid. 
 
 (Iowa VII 6.) 
 
 Appropriation of tax for interest and principal not to be re- 
 pealed or taxes postponed or diminisned until principal 
 and interest wholly paid. (Minn. IX 5; Nebr. XI 6; Nev. 
 IX 3; N.D. XII 182; Wis. VIII 6.)
 
 I .\ I . I 
 
 STATE DEBT (Cont'd* 
 
 Law Authorizing (Cont'd) 
 Provision for Payment of 1 
 By Levy of Tax (Coni 
 Law pro 1 ! iding foi 
 
 pealable until debt paid, i III. l\ 
 Proceeds of such tax uol to bte applie 
 than that pro* ided in I 
 debt fully paid and bal 
 
 of general fund of -' I [4 
 
 Not to be applied to other p 
 fully paid or holdi 
 
 standing debl ; uoi to I"- i until d< 
 
 fill! 
 Sinking Fund 
 
 For otht r provisions respecting su 
 title, " Redemption — Jiv Sin i. 
 
 ! 
 Law may provide foT sinking fund tl 
 a time after incurring the debl m I 
 of one-quarter the time 
 
 Law to provide for sinking fund i 
 . 
 
 Every law passed by legislatui 
 
 loan 1o provide for creation and mainb 
 for payment or redemption. (Va. XIII 1 
 
 Referendum 
 
 As to when referendum required 
 above, this title, " PBOHIBmON I 
 endtjm ", and "Limit op Amotjnt 1 mi-- 
 
 Publication 
 
 Legislature to provide for publii 
 months at least before " election at whi 
 
 l\ 
 
 "Due" publication of "provisions" 
 three months preceding election at which 
 
 Law to be published in full in • 
 if one published therein o 
 sive weeks pre ■■•" "' whicl 
 
 Taw to be published in one i, 
 city and county) if one publisl 
 next preceding election KN ' ' 
 
 Ida. VII! I: fowa VTI 5;
 
 1312 State Constitutions 
 
 STATE DEBT (Cont'd) 
 
 Law Authorizing (Cont'd) 
 Referendum (Cont'd) 
 
 Submission to People 
 
 Not to take effect until submitted and approved at general 
 election. (Cal. XVI 1; Ida. VIII 1; 111. IV 18; Iowa VII 
 5; Kan. XI 6; Ky. 50; Mont. XIII 2; N.J. IV 6, 4; N.M. 
 IX 8, 15; Okla. X 25; S.C. X 11; Wash. VIII 3.) 
 At a general election but not within three months after the 
 passage and not at election when any other law or bill is 
 
 submitted. (N.Y. VII 4.) 
 Required to be submitted at election held for the purpose. 
 
 (Mo. IV 44.) 
 
 Law providing for tax for payment of interest on debt to be 
 
 submitted to people with law authorizing debt. (111. IV 
 
 18.) 
 Qualification of Electors 
 
 " Questions upon bond issues * • * shall be submitted 
 
 to the vote of property taxpayers who shall also in all 
 
 respects be qualified electors of the state." (Ariz. VII 13.) 
 
 Women to vote on question of issue of bonds submitted to 
 
 voters if they have other qualifications and are assessed 
 
 for taxes in district affected. (Mich. Ill 4.) 
 
 To be submitted to qualified electors of state. (S.C. X 11.) 
 
 Elections creating debts excepted from provision that no 
 
 property qualification shall be required of electors. (Utah 
 
 IV 7.) 
 Vote Required for Approval 
 
 Majority of all votes cast for and against. (Cal. XVI 1; 
 Ida. VIII 1; Iowa VII 5; Ky. 50; Mont. XIII 2; N.J. IV 
 6, 4; N.Y. VII 4; Okla. X 25; Wash. VIII 3.) 
 Majority of votes cast at election at which submitted. ( Kan. 
 
 XI 6; N.M. IX 8, 15.) 
 Majority votes cast at same election for members of legisla- 
 ture. (111. IV 18.) 
 Two-thirds majority. (Mo. IV 44.) 
 Two-thirds of those voting on question. (S.C. X 11.) 
 Enactment After Approval 
 
 If proposed law approved by people on submission next 
 legislature to enact such law and create debt thereby au- 
 thorized subject to restrictions of constitution respecting. 
 
 (Kan. XI 8.) 
 Repeal 
 
 As to repeal of provisions in such laws for payment of interest 
 and principal, See above, this subdivision, Provision for Pay- 
 ment of Interest and Principal. 
 Legislature may at any time after people's approval repeal law if 
 no debt has been contracted in pursuance thereof. (Cal. XVI 
 
 1; Ida. VIII 1.)
 
 1mm:x 1)j. 
 
 TATE DEBT (Con; 
 
 I/AW All HOEIZING i<'<,itf<l) 
 
 Repeal (Cont'd) 
 Legislature 
 
 it' m> 'k'lii has beep eon< i acted in 
 
 at any time forbid eonl 
 
 in such case, the tax Levied bj 
 
 and principal afaall remain u 
 
 debt and Liability which n 
 
 ance of such law ". (N.Y. VII i 
 Ait any time after approval b\ 
 
 debt incurred in pursuance tin 
 
 may forbid incurring further 
 
 \ li 
 Not to be repealed until dab 
 
 XVI 1; Colo. M 4; 1,1a. \ 111 1 . Mo. l\ 
 
 Purpose 
 
 Acquisition Foreign Territory 
 
 Legislature with approval of governor authoi 
 provide for issuance of Btate bon 
 foreign territory acquired by - 
 Aid to Local Community 
 Loans of Gredii 
 
 For loans of credit generalh 
 
 All) TO 1 'lit v ATK OR Oobb 
 
 State's credit not to be given, pledged oi 
 
 pality. >K 
 
 State's ereilii not to be 
 
 municipality. ( Ida. \ 111 2; Tenn. II 
 state's credit not to be given, pledged or 
 
 subdivision of state. I Ky. 177; I 
 State bonds not to be issued or I 
 
 by guarantee or indorsement of bonds 
 
 takings of municipality be pledg" 
 
 su.-uit to art of legislature passed by thi 
 
 members ejected to each 1, VIII 4 
 
 State's credii not to be given or loa 
 
 pledged for payment of Uabi it i 
 
 tion,' i Mo- LV ».-.: Tex III 
 State's credit not to be given 
 
 pledged for paymenl of liabil 
 
 tion; but this does not pi 
 
 institutions Vox aupp 
 
 '■ 
 
 State's credii not I 
 
 |.<. ration. (111. (V 20; Mich. X li 
 State's credit not to be Loai 
 
 42
 
 1314 State Constitutions 
 
 STATE DEBT (Cont'd) 
 Purpose (Cont'd) 
 
 Aid to Local Community (Cont'd) 
 Loans of Credit (Cont'd) 
 
 State not to lend or pledge its credit, directly or indirectly, 
 in any manner to or in aid of public corporation for any 
 amount or for any purpose whatever. (Colo. XI 1.) 
 Except as otherwise provided in constitution, state not to 
 lend or pledge credit, directly or indirectly, to or in aid of 
 any public corporation ; but this not to prohibit state mak- 
 ing provision for care of sick and indigent persons; and 
 . not to prevent issue of bonds to pay or refund valid bonds 
 
 of state. (N.M. IX 14, 15.) 
 State bonds not to be issued or loaned to nor state's credit 
 by guarantee or indorsement of bonds or other undertak- 
 ings of county be pledged otherwise than pursuant to act 
 of legislature passed by three-fourths of all members 
 elected to each house. (Del. VIII 4.) 
 State's credit not to be granted to or in aid of county. 
 
 (W.Va. X 6.) 
 State's credit not to be loaned to county. (Va. XIII 185.) 
 State's credit not to be granted to or in aid of township. 
 
 (W.Va. X 6.) 
 State's credit not to be loaned to city or town. (Va. XIII 
 
 1S5.) 
 State's credit not to be granted to or in aid of city. (W.Va. 
 
 X 6.) 
 
 Assumption of Local Debt 
 
 State not to assume debt of county, city or town. (Va. 
 
 XIII 185.) 
 State not to assume debts or liabilities of county, city or 
 
 township. (W.Va. X 6.) 
 Not to assume debt of any county, city, town or school dis- 
 trict. (Utah XIV 6.) 
 State not to assume any part of debt of county, city, town 
 
 or municipal corporation. (Mont. XIII 4.) 
 Legislature not to assume debts of county, city, town or 
 
 township. (Ind. X 6.) 
 State not to assume or pay debts or liabilities of any public 
 
 corporation. (111. IV 20.) 
 
 State not to become responsible for any debt, contract or 
 
 liability of any corporation, public or private, in or out of 
 
 state. (Colo. XI 1.) 
 State not to assume liabilities of political, municipal, paro- 
 chial or other corporation or association. (La. .58.) 
 State not to assume debts of any county, town or other mu- 
 nicipal corporation unless such debt created to repel in- 
 vasion, suppress insurrection or defend state in war. (Ida, 
 
 XII 3.)
 
 i.\l»l-.X L)l(j 
 
 TATE DEBT (Cont'd) 
 Purpose [Cont'd) 
 
 Aid to Local Community (Co 
 Assumption of Local Di bi 1 1 
 
 State not to assume debts "t oouaty, 
 tion unless created to repel im ippn m 
 
 or defend state in war. Ore \i 
 Except as required bj enablii . 
 of any county, municipal corporation 
 sion of state unlee 
 in time of war, to repel in\ ■> lit n 
 
 ti< 
 State never to aseumi 
 town, city or "i b.1 
 
 thereof unless incurred t" repel invasion 
 rection or provide for the publi 
 . 
 
 State forbidden t<> assume an} 
 
 or township debt unit-.-, u. 
 
 invasion, suppress domestic insurrection, 
 war or to assist state in discfa 
 
 State not to assume any pari of deb! ■■! 
 
 corporation or political division <■; 
 
 to enable state to repel invasion 
 
 or defend itself in war. (Ga. VII Se VIII 1; K 
 Assumption of debts of county, city, town 
 
 corporation unless incurred i" repel u 
 
 surrection or defend tin- atate in wai 
 
 I\ . 
 
 State authorized to issue bonds payable •••■ 
 at rate not exceeding 6 per cent.3 payal l< 
 solely to reimburse cities, town- and pi 
 -mte for expenditures for war purpow 
 on basis specified; total bonds nc4 I 
 and this provision not to 1 
 state to be loaned directly or indirectl; 
 pose or in any other casi Me. tX 
 
 State not to pay from any of its fund- 
 specified local bonds. (111. Sched 
 Aid to Private or Corporate Enterprise 
 For grants of state money to 
 
 Loans of Credit 
 
 For loans of credit to .*/.. 
 
 subdivision, "Am M RAJXBOAM » 
 Telegraph Lraw "■ and "An ro bU] 
 For loans of credit to'V ' n * 6 
 
 division, Aid to [/>< u CoMMUitm.
 
 1316 State Constitutions 
 
 STATE DEBT (Cont'd) 
 Purpose (Cont'd) 
 
 Aid to Private or Corporate Enterprise (Cont'd) 
 Loans of Credit (Cont'd) 
 
 Prohibited for any purpose whatever. (Ark. XVI 1.) 
 Prohibited directly or indirectly in any case. (Me. IX 14; 
 
 N.J. IV 6, 3.) 
 
 Grants or loans of credit in aid of individual, association or 
 
 corporation prohibited. (Ala. IV 93; Ariz. IX 7; 111. IV 
 
 20; Ind. XI 12; Mich. X 12; Minn. IX 10; Mont. XIII 1; 
 
 Nebr. XII 3; Wis. VIII 3.) 
 Legislature not to authorize state to loan credit in aid of 
 any private individual or corporate enterprise or under- 
 taking. (Utah VI 31.) 
 Grants or loans in any manner to or in aid of any individual, 
 association or corporation prohibited. (Ida. VIII 2; 
 Iowa VII 1; Md. Ill 34; Ohio VIII 4; Tenn. II 31; 
 
 Wash. VIII 5.) 
 Credit not to be granted to or in aid of any person or cor- 
 poration. (W.Va. X 6.) 
 Credit of state not to be directly or indirectly granted 
 " under any device or pretense whatsoever " to or in aid 
 of person, association or corporation. (Va. XIII 185.) 
 State not to lend or pledge credit, directly or indirectly, in 
 any manner to or in aid of any person, company or cor- 
 poration for any amount or for any purpose whatever. 
 
 (Colo. XI 1.) 
 
 State credit not to be pledged or loaned to any individual, 
 
 company, corporation or association. (Fla. IX 10; Ga. 
 
 VII Sec. V 1; Ky. 177; Okla. X 15; Pa. IX 6.) 
 
 Credit of state not to be pledged or loaned to or for any 
 
 person, association or corporation. (Miss. XIV 258.) 
 Credit of state not to be loaned or pledged to or for any 
 
 person, association or corporation. (La. 58.) 
 Credit not to be pledged or loaned for benefit of any indi- 
 vidual, company, association or corporation. (S.C. X 6\ ) 
 Legislature not to give or loan or authorize, giving or lend- 
 ing of state credit in aid of or to any person, association 
 or corporation, or to pledge credit of the state in any 
 manner whatsoever for payment of liabilities, present or 
 prospective, of any individual, association of individuals 
 or corporation. (Mo. IV 45; Tex. Ill 50.) 
 State not to lend credit to any company, association or cor- 
 poration. (Cal. XII 13; Wash. XII 9.) 
 Credit of state not to be given or loaned in any manner to 
 or in aid of any individual, association or corporation or 
 private undertaking; but legislature may make such pro- 
 vision as it deems proper for education and support of 
 blind, deaf and dumb and juvenile delinquents; provision 
 not to apply to any fund held for educational purposes. 
 
 (N.Y. VII 1, VIII 9.)
 
 l\h!\ Dl( 
 
 5TATE DEBT (Cont'd* 
 
 PUBPOs: 'd) 
 
 Aid to Private or Corporate Enterprise | 
 
 • Lotnt.s 
 
 State credit nol \ 
 individual 
 support of poor. (NJJ, 
 
 Legislature not to lend 
 
 aid of any person, asm 
 
 state's credit in anj a 
 
 individual. aasociaJ ion 
 
 vent legislature granting aid I 
 
 of children and aigi 
 Not to loan money or oredil h 
 
 corporation exc 
 
 or charitable purposes. (Nov. VII] 
 Except as otherwise provided in 
 
 lend or pledge its credit directly 
 
 any person, association it oorpol 
 
 construed to prohibit care of 
 
 and not to prevent issue of l„ 
 
 bonds of state. (KM, IX L4 
 State bonds not to be issued or 
 
 nor state's en dit by guaT ■ ■ • 
 
 or other undertaki 
 
 wise than pursuant to ad 
 
 fourths of all niembi 
 
 Legislature no power to give or !• I '« ■>'' 
 
 of any person, association or 
 completion of railroads ui 
 adopted or in which state h 
 unless referred to dir< 
 majority those voting theteon. (N.( \ 
 
 Assumption of Dchts 
 
 Legislature not to assumi 
 
 h 
 
 State not to assume d 
 
 association or individual. 
 State not to assumi 
 
 corporation. v\ .\ a. 
 State not to assume Halo 
 
 tion or association. 
 State not to 
 
 liability, ol 
 
 out of state. M '■ 
 
 unless incurred in I
 
 1318 State Constitutions 
 
 STATE DEBT (Cont'd) 
 Purpose (Cont'd) 
 
 Aid to Private or Corporate Enterprise (Cont'd) 
 Assumption of Debts (Cont'd) 
 
 State not to assume debts of any corporation unless created 
 to repel invasion, suppress insurrection or defend state in 
 war. (Nev. IX 4; Ore. II 8.) 
 State not to assume or become responsible for debts or lia- 
 bilities of individual, association or corporation unless 
 incurred in time of war for benefit of state. (Iowa 
 
 VII 1.) 
 State not to pay or become responsible for debt or liability 
 of individual, association or corporation, except for neces- 
 sary support of poor; but state may pay or assume such 
 debts or liabilities when incurred in time of war or de- 
 fense of state. (S.D. XIII 1.) 
 State not to pay from any of its funds, taxes or revenues 
 bonds of public exposition corporation. (111. IX 13; Mo. 
 
 X 12.) 
 Aid to Railroads and Canals 
 
 See also above, this subdivision, Aid to Private or Corporate 
 
 Enterprise. 
 Legislature not to loan credit of state to. (111. Amend. 1870- 
 
 1908, 111. and Mich, canal separately submitted.) 
 Legislature not to pass law authorizing state to contract debt 
 for or loan credit in aid of construction of railroad. (Mont. 
 
 V 38; Wyo. Ill 39.) 
 
 State not to lend or pledge credit, directly or indirectly, in aid 
 
 of any private enterprise for construction of railroad; but 
 
 this not to prevent issue of bonds to refund valid bonds of 
 
 state. (N.M. IX 14, 15.) 
 
 Legislature may authorize, subject to provisions for referendum 
 
 for people's approval, debts for improvement of canals. (N.Y. 
 
 VII 10.) 
 Loans of credit in aid of private enterprise forbidden without 
 referendum, except for railroads not completed at adoption 
 constitution or those in which state has dirept pecuniary in- 
 terest. (N.C.V4.) 
 Legislature not to authorize state to lend its credit to any rail- 
 road enterprise or undertaking. (Utah VI 31.) 
 State not to give or loan credit to or in aid of railroad lines. 
 
 (Wyo. X, Railroads 5.) 
 
 Bonds of state not to be issued to railroad company in default 
 
 for interest on state bonds previously loaned to it, or " that 
 
 shall hereafter or before such application sell or absolutely 
 
 dispose of any state bonds loaned to it for less than par." 
 
 (Tenn. II 33.) 
 
 Legislature may issue not exceeding $20,000,000 of state bonds 
 
 at not exceeding 4 per cent, interest, payable semi-annually, 
 
 for construction of Chicago-Lockport waterway and erection,
 
 Index Dig 1:5 i«j 
 
 STATE DEBT (Cont'd) 
 Purpose (Cont'd) 
 
 Aid to Railroads and Canals [Cont'd] 
 
 equipment and maintenance of power pla 
 dams and appliances. - III \.n, ad 1- 
 canal separately Bubmitti 
 Legislature not to ize Liability 
 
 Erie canal debt issued under Bpeci 
 the proceeds of canal lands and I 
 
 Board of commissioners of port ol \. 
 for cost of certain canal secured 
 paid out of net receipts. (La, Lmend. ]'.>:■ 
 
 Further issues of " Minnesota state raiir. 
 amendment to the constitution oi 18 - 
 
 Aid to Telegraph Lines 
 
 State not to give or loan credit to or in aid of. 
 
 Legislature not to authorize state to lend It in al 
 
 telegraph enterprise or undertaking. (Utah \I 
 
 Aid to Banking 
 
 Credit of state or political subdivision then 
 or loaned to any banking company, associate a 
 
 Urn, xin 
 Deficiencies in Revenue 
 In General 
 
 State authorized to contra 
 
 enue. (Ariz. IX 5; 111. IV 18; EoWa VII 2; Kj 
 
 III 34; Mich. X 10; Nebr. XII 1 •. N.M. IX 7 VI! 
 
 2; N.D. XII 182; Ohio VIII 1; Okla. 
 
 I'tah XIV L; III I.) 
 
 May be incurred on the recommendation 
 
 had; but if amount for this purpose and for unforeseen 
 emergencies exceeds $250,000 in any yi 
 burred only on act of legislature approv. 
 referendum. (Mo. IV 44 
 Debts to supply "temporary deficit" In treaaury 
 year from "necessary delay in collectii 
 that vear" excepted from prohibition of d< I Qa. VII 
 • 
 
 Temporary loans for total deficiencies In I 
 
 gotiated by governor. 
 Debts may be contracted " for pur] 
 
 to transact its busini -- n b isl 
 
 tion" 
 
 Debt to supplv excepted from 
 state debt. (Ind. X 5; Pa. DC 4 to. IT
 
 1320 State Constitutions 
 
 STATE DEBT (Cont'd) 
 Purpose (Cont'd) 
 
 Deficiencies in Revenue (Cont'd) 
 In General (Cont'd) 
 
 Debts to supply excepted from general prohibition of debt. 
 
 (Colo. XI 3; Va. XIII 184.) 
 Excepted from prohibition without approval of three-quar- 
 ter members elected to each house. (Del. VIII 3.) 
 Excepted to amount $50,000 from prohibition without levy 
 
 of tax to pay interest and principal. (Md. Ill 34.) 
 Excepted from prohibition of debt while state's bonds are 
 under par, without levy of special tax for payment of 
 
 interest. (N.C. V 4.) 
 Limit of Amount 
 
 As to limitations on amount of state debt generally, See 
 
 above, this title, Limit of Amount. 
 One hundred thousand dollars in aggregate. (Xebr. XII 1.) 
 Two hundred thousand dollars in aggregate. (Tex. Ill 49.) 
 Two hundred and fifty thousand dollars in aggregate. (111. 
 
 IV 18; Mich. X 10.) 
 Five hundred thousand dollars. (Ga. VII Sec. Ill 1; Ky. 
 
 49.) 
 One million dollars in aggregate. (Pa. IX 4.) 
 Xot in any year to exceed one-quarter of a mill on each 
 dollar of taxable property and aggregate amount of debt 
 not at any time to exceed three-quarters of a mill until 
 valuation equal to $100,000,000 and thereafter such debt 
 not to exceed $100,000. Valuation to be "that of the 
 assessment last preceding creation of said debt". (Colo. 
 
 XI 3.) 
 
 Together with debt for public improvements and to defray 
 
 extraordinary expenses, not to exceed in aggregate $100,- 
 
 000. (S.D. XIII 2, 3.) 
 Together with debt for necessary expenses not to exceed in 
 
 aggregate $200,000. (N.M. IX 7.) 
 Together with debt for extraordinary emergencies not to 
 exceed in aggregate $200,000; exclusive of state debt at 
 time of adoption constitution. (X.D. XII 1S2.) 
 Together with debt for expenses not provided for not to ex- 
 ceed in aggregate $250,000 ; but state's obligation to make 
 good losses of permanent school or university funds by* 
 default not to be counted as part of debt thus limited. 
 
 (Iowa VII 2, 3.) 
 Debts " for purpose of enabling the state to transact its 
 business upon a cash basis from its organization " not to 
 exceed in aggregate, exclusive of interest, $300 ,000'; but 
 assumption of territorial debt " shall not prevent state 
 from contracting additional indebtedness " for this pur- 
 pose. (Kev. IX 3, XVII 7.)
 
 [ N D] 
 
 STATE DEBT (Cont'd) 
 Purposk (Cont'd) 
 
 Deficiencies in Revenue i « 
 Limit of A mount I 
 
 Together with debt for a 
 
 not to i imeed in 
 Together with debl 
 
 ceed in .1. 
 Together with debts 
 
 exeeed in ag 
 
 good losses of permanent - 
 
 fund by defaults act I 
 
 limited. (Wash. VII] I. IX 
 Togethi r with debl for es pei 
 
 eeed in a. ... \ III 
 
 Together with debt for i 
 
 exceed in aggregate $1 000,000 '• 1 
 Together \\ itli debts for n 
 
 creation of public buildin 
 
 torial debts assumed, not I 
 
 of taxable propertj of state. 
 Together with debts fur unfoi 
 
 $250,000 for any i r. without 
 
 l\ 
 Fifty thousand dollars without compliance ••■ 
 
 as to levying tax for interest and redempl oi ■> 
 
 to other debts. I Md. HI 
 
 Three hundred thousand dollars 
 
 tr< 
 Redemption 
 
 As to redemption of state ■!■ I 
 
 title, I 
 
 To be repaid out of taxes lei 
 
 To be paid in not more than t w 
 
 incurred within limit allowed with 
 within 13 years if incurred beyond tb 
 
 dan 
 
 Until temporary loams 
 
 in treasury are paid n w !• 
 
 Expenses Not Provided for 
 
 As to limitations of amount 
 casual </• !>■ 
 Deficiencies of Ri 
 State may contract debts for ' 
 VII -2: Ohio VIII I; Okla \ Mil 1 ■ 
 
 Extraordinary Expenditures 
 For limitai i ■
 
 1322 State Constitutions 
 
 STATE DEBT (Cont'd) 
 Purpose (Cont'd) 
 
 Extraordinary Expenditures (Cont'd) 
 
 State may contract not to exceed together with debts for public 
 
 improvements $1,000,000, without referendum. (Kan. XI 5.) 
 
 State may contract not to exceed in aggregate $250,000. (Minn. 
 
 IX 5.) 
 State may contract not to exceed together with debt for defi- 
 ciencies of revenue in aggregate $200,000, exclusive of state 
 debt at time adoption constitution. (N.D. XII 182.) 
 State may contract not to exceed together with debt for public 
 improvements and deficiencies of revenue, in aggregate $100,- 
 
 000. (S.D. XIII 2, 3.) 
 
 State may contract not to exceed in aggregate $100,000; law 
 
 authorizing to provide for levying tax to pay interest and 
 
 principal within five years from passage of such law. (Wis. 
 
 VIII 6.) 
 Internal Improvement 
 
 See also State Finances — Expenditures. 
 
 Not to be contracted except as provided in the constitution. 
 
 (Ohio XII 6.) 
 
 " State shall never contract any debt for works of internal im- 
 provements " ; but state may accept grants of land or property 
 for such improvements and devote the " avails of such grants " 
 and appropriate revenue therefrom to completion thereof. 
 
 (Minn. IX 5; Wis. VIII 10. J 
 
 State not to lend money or its credit in aid of. (Ala. IV 93.) 
 
 Legislature not to grant aid to, which shall involve credit of 
 
 state. (Md. Ill 34.) 
 Necessary Expenses 
 
 State may contract debts for. (N.M. IX 7.) 
 
 Debts for necessary expenditures for jmblic purposes excepted 
 from limit on total amount of debt. (Utah XIV 1.) 
 
 Debts for state's ordinary and current business excepted from 
 limit of amount which may be incurred without referendum. 
 
 (S.C. X 11.) 
 Payment of Existing Debt 
 
 Under this heading are grouped provisions authorizing the in- 
 curring of debt to fund " existing " debt without undertaking 
 to indicate whether this term means debt existing at the time 
 of the adoption of the constitution or debt existing at the time 
 of the proposed refunding. 
 
 For provisions respecting debts existing at time of adoption of 
 constitution, See above, this title, Existing Time Adoption 
 Constitution, Assumption or Repudiation. 
 
 Specific authorization to contract debt not exceeding $2,115,000 
 to fund outstanding state warrants and interest thereon pay- 
 able at state's option any time after 10 and within 50 years 
 from their date; to be in denomination of $100 or any multiple 
 thereof. Interest, 3 per cent., payable semi-annually at state
 
 Index Di< 
 
 STATE DEBT (Cont'd) 
 Purpose {Cont'd) 
 
 Payment of Existing Debt I I'd) 
 
 treasurer's office or some plai e in 
 able state treasurer's office. S T ol 
 and accrued interest on 
 amount principal and inter) if ■ 
 Special provision for refundu 
 school fund and interesl thereon 
 
 Legislature may issue Btatt I 
 of interest bonds alreadj issui d 
 
 Legislature maj contract debt 
 
 part (it the debl oi the state " with 
 and without making provision in 
 pay interest and principal. 1 1\ \ . 
 
 Detailed provisions authorising board ot liqu 
 debt " to issue and Bell ot ex< bangt 
 such manner, at such tun.- or Unit 
 such amounts and with Buch yearlj m 
 each year beginning the iir-t calendar 
 
 and not exceeding 51 years i 
 
 rate of interest not exceeding J ' _• 
 able semi-annual h as it may deem 
 of the state of Louisiana in an amount 
 sum necessary to settle or refund" I 
 bonded debt. (La. 324.) 
 
 Legislature may provide bj law for funding of " 
 of public corporations". (Mont. Ml - 
 
 Debts tn redeem "present outstanding" d< 
 
 lie 
 
 Legislature to provide at iir*t session und< 
 
 ing "all outstanding warrant- and other in< 
 
 Bonds issued to refund existing debt not to lx 
 of $200,000, to which state debt ia limit- 
 
 Legislature may provide for issuing bonds in Lit 
 tofore authorized but not issued", - 
 ing provisions for tax to paj principal at 
 of redemption applicable to otl 
 
 Excepted from prohibition of i i 
 
 Excepted from prohibition of < "... til 
 
 Debts for renewal of exist ing I 
 
 maturity out of sinking fun I 
 
 hibition of incurring of debt. I M 
 Debts to refund " existing " I 
 
 ition of incurring debt 
 Debts to pay ng" del 
 
 curringof debt. (Ga. VII Sec. Ill 1; Pa. IX
 
 1324 State Constitutions 
 
 STATE DEBT {Cont'd) 
 Puepose (Cont'd) 
 
 Payment of Existing Debt (Cont'd) 
 
 Debts to redeem previous liability of state excepted from pro- 
 hibition of incurring of debt. (Va. XIII 184; WVa. X 4.) 
 
 Bonds to pay or refund valid bonds of state excepted from pro- 
 hibition of debt unless approved on referendum. (N.M. IX 15.) 
 
 Debts to pay existing debt excepted from prohibition without ap- 
 proval three-fourths members elected to each house. (Del. 
 
 VIII 3.) 
 Public Buildings 
 
 (State may contract debts " for necessary expenditures for public 
 purposes including the erection of public buildings " not, how- 
 ever, in aggregate with debts for deficiencies of revenue and 
 for payment of territorial debt assumed to exceed 1% per 
 cent, of value of taxable property in state as shown by last 
 previous assessment for state purposes. (Utah XIV 1.) 
 
 In addition to debt authorized by other provisions of constitu- 
 tion, legislature may increase public debt to amount not ex- 
 ceeding .$250,000 " for the purpose of erecting and completing 
 buildings for a hospital for the insane, deaf, dumb and blind 
 asylum and state prison"; legislature may provide for issu- 
 ing and selling bonds therefor and shall appropriate proceeds 
 only for the above purposes; bonds to be payable not less than 
 10 nor more than 30 years from their date at the option of 
 
 the state. (Minn. IX 14.) 
 
 Xot to be contracted for erection of state house prior to 1865. 
 
 (Ore. XIV 2.) 
 
 Xot in any one year to exceed one-half mill on each dollar valua- 
 tion taxable property and aggregate amount such debt not at 
 any time to exceed $50,000, but debt for erection of public 
 buildings may be created by law subject to provisions of con- 
 stitution respecting laws creating state debts not exceeding 
 in aggregate three mills on valuation taxable property provided 
 law creating such debt be ratified by majority qualified electors 
 of state voting on question at general election under regula- 
 tions prescribed by legislature. Valuation to be " that of the 
 assessment last preceding creation of said debt". (Colo. XI 
 
 3, 5.) 
 
 State may contract debts " for public purposes including erection 
 public buildings " not, however, together with deficiencies of 
 revenue and for payment of territorial debt assumed to exceed 
 1% per cent, of value of taxable property in state as shown 
 by last previous assessment for state purposes. (Utah XIV 1.) 
 
 Public Improvements 
 
 State may contract debts for making; but such debts together 
 with debts for extraordinary expenses not to exceed $1,000,000. 
 
 (Kan. XI 5.)
 
 ! ' i 
 
 STATE DEBT {Cont'd) 
 Purpose (Cont'd) 
 
 Reimburse School Fund Losses by Default 
 Amount found on aud 
 lost to permanenl 
 defalcation, mismai 
 trolling same i 
 
 of fund which sustained Los | [on i I I 
 Roads 
 
 Excepted from limitation 
 lature not to lend credit oi 
 building and maintaining permanent i 
 for such purposes exceed - 
 property in state (Ore. M i 
 
 May be authorized by law withoi 
 provements; ami none of i ; 
 only he incurred on referendum I 
 debt; aggregate of such debt in irred with • 
 to exceed $50,000, < \.Y. VII I 
 
 Legislature may authorize bonds I 
 one time, payable within 11 
 cent, interest payable semi-annually, t • • ! 
 the building and maintaining o 
 of such bonds outstanding never 
 penditure of proceeds to I"- equitably 
 counties of the state. (Me l\ 17.) 
 Unforeseen Emergencies 
 
 State may contract debts to pnn 
 
 governor first had; hut if amount for this 
 ficiencies in revenue exceeds $250,000 
 be incurred only on art of I 
 on referendum; if incurred without refi 
 within two years from creation; if 
 to be redeemed within 13 years. (Mo. I 
 War and Insurrection 
 
 State may incur debts to repel in\ 
 
 defend state in war. (Ariz. [X 5; Iowa VII ■ 
 X.Y. VII 3: Ohio XIII -J: Okla. \ J I . Pi IV ; 
 Wash. VIII Bj WlB. \ HI 7. i 
 
 State may incur debt bo repel Invasion • 
 but only on two-thirds vote of m< 
 yeas and nays and entered on joun 
 
 Legislature may issue stat« bonds t, 
 
 ■ 
 
 Legislature may con*i 
 
 surrection or " if hostilities are ttl* 
 
 public defense". ( Ky. 19.) 
 Legislature may contract -any amount thlit run 
 for the defence of the -' (Md. HI J4.)
 
 1326 State Constitutions 
 
 STATE DEBT (Cont'd) 
 Purpose (Cont'd) 
 
 War and Insurrection (Cont'd) 
 
 State may contract debts to repel invasion, suppress insurrec- 
 tion or defend state or aid United States in time of war. 
 
 (Mich. X 10.) 
 
 State may contract debts to suppress insurrection and provide 
 for public defense. (N.M. IX 7.) 
 
 Debt to repel invasion, suppress insurrection and defend state 
 in war excepted from provisions prohibiting debt. (Ga. VII 
 Sec. XII 1, Sec. Ill 1; Tex. Ill 49; W.Va. X 4.) 
 
 Debts to suppress insurrection, defend the state or in time of 
 war assist in defending the United States excepted from pro- 
 hibition of contracting debt. (Colo. XI 3.) 
 
 Debts " in time of war to repel invasion or suppress insurrec- 
 tion " excepted from prohibition of debt. (Minn. IX 7.) 
 . Debt to suppress insurrection, repel invasion, or " if hostilities 
 be threatened provide for public defense", excepted from pro- 
 hibition of state's contracting debt. (Ind. X 5.) 
 
 Debt for suppressing insurrection, repelling invasion or defend- 
 ing state in war, excepted from prohibition of state debt unless 
 approved on referendum. (111. IV 18.) 
 
 Debts to repel invasion, suppress insurrection or defend state 
 in war, excepted from limitation on amount of state debt. 
 
 (Me. IX 14; Xebr. XII 1.) 
 
 Debts in case of war to repel invasion or suppress insurrection 
 excepted from limitation on amount of state debt, (Ore. XI 
 
 7; Wyo. XVI 1.) 
 
 Debts to repel invasion, suppress insurrection, defend state in 
 time of war or if hostilities be threatened provide for public 
 defense excepted from limit on amount of state debt. (Nev. 
 
 IX 3; N.D. XII 182.) 
 
 Debts to repel invasion, suppress insurrection or defend state or 
 United States in war excepted from limitation on amount 
 
 of state debt. (S.D. XIII 2.) 
 
 Debts to suppress insurrection or provide for public defense 
 excepted from limitation of amount of debt which may be 
 incurred without referendum. (Wyo. XVI 2.) 
 
 Debt incurred in case of war to repel invasion or suppress in- 
 surrection, excepted from limitation of amount of state debt 
 which may be incurred without referendum. (Cal. XVI 1; 
 
 Ida. VIII 1; Mont. XIII 2.) 
 
 Debts " in time of war or in case of insurrection or invasion " 
 excepted from limitation on amount of debt which may be 
 incurred without referendum. (R.I. IV 13.) 
 
 Debts for purposes of war or to repel invasion or to suppress 
 insurrection excepted from limitation on amount of debt which 
 may be incurred without referendum. (N.J. IV 6, 4.) 
 
 Debts to suppress invasion or insurrection excepted from pro- 
 hibition of debt while state's bonds are under par, without 
 levy of special tax for payment of interest. (N.C. V 4.)
 
 Index Digest 1327 
 
 STATE DEBT {Cont'd) 
 Purpose {Cont'd) 
 
 War and Insurrection {Cont'd) 
 
 Excepted from prohibition without approval of three-foul 
 members elected to each bouse. (Del. \ III 3 
 Bonds 
 
 In General 
 
 Debts contracted by state to be by loan on Biate bands. I Minn. 
 
 IX 
 "State shall never issue any interest-bearing treasury v. 
 
 or Bcrip." (Ark. XVI 
 Xo scrip, certificate or other evidence of state indebtedness shall 
 
 be issued. (Midi. X 11 ; Va, X 1 1 1 L84s; Wis. VIII 9 
 Legislature not to issue bonds or other evidences of indebtedness 
 
 except for purposes authorized. (Mo. IV 44. i 
 No scrip, cei-tificate or other evidence of state debl to be issued 
 except for redemption of stock, bonds or other evidence of <lel.t 
 previously issued or for debts expressly authorized in coi 
 
 tution. S.I '-. : 
 Issue and Transfer 
 
 Treasurer to issue no " bonds or other securities " on 
 
 order of comptroller countersigned by governor in manner pre- 
 scribed by law. (Fla. IV 24.) 
 Xo bond or evidence of debt of state to be valid unless indoi 
 with certificate signed by auditor and attorney general Bhowing 
 that it is issued pursuant to law and within debt limit. 
 
 (Okla. X 2 
 Xo bonds or other evidence of indebtedness valid unless indoi 
 with certificates signed by auditor and secretary of state show- 
 ing that it is issued in pursuance of law and within debt 
 limit; (N.D. XII 187; Wyo. XVI 8.) 
 All bonds, certificates or other evidence of state debt to be 
 signed by treasurer and countersigned by comptroller; DO new 
 certificate or other evidence intended to replace another I 
 issued until the one so replaced is delivered to the treasurer 
 with duly executed authority to transfer the same and the 
 transfer to be made on the treasurer's books and a 
 certificate canceled; but legislature may provide for 
 loss of certificates or other evidences of the state debt. | lid 
 
 VI S.) 
 
 Comptroller to prescribe forms for transfer of Btock or other evi 
 dences of state debt and countersign the same " without which 
 such evidence shall not be valid ''. (Md. VI 2.) 
 
 Denomination 
 
 To be in denominations of $100 or any multiple thereof m 
 of specific authorization to fund outstanding warrant-. (Oolo, 
 
 Bonds for extraordinary expenditures to be in amounts not less 
 
 than $500 each. (Minn. IX 6.) 
 To be in amounts of not less than $50. (S.C. X 11.)
 
 1328 State Constitutions 
 
 STATE DEBT (Cont'd) 
 Bonds (Cont'd) 
 Sale Price 
 
 To be sold at par and interest in case of specific authorization. 
 
 to fund outstanding warrants. (Colo. XI 3.) 
 Not to be sold by state under par. (Minn. IX 6.) 
 Record of 
 
 Treasurer to keep correct registry in numerical order to exhibit 
 number and amounts unpaid and to whom payable. (S.C. X 
 
 11.) 
 Treasurer to keep register in numerical order of bonds issued 
 for extraordinary expenses " so as always to exhibit the num- 
 ber and amount unpaid and to whom severally made payable " 
 
 (Minn. IX 6.) 
 Application of Proceeds 
 
 Limited to purposes specified in law authorizing. (Del. VIII 3; 
 Ga. VII Sec. IV 1; Ky. 178; Mont. XIII 3; Okla. X 16; Pa. IX 5; 
 
 Utah XIV 5.) 
 
 Limited to purposes specified in law authorizing or to repayment of 
 debt thereby created. (Cal. XVI 1; Ida. VIII 1; Iowa VII 5; 
 Minn. IX 8; N.Y. VII 4; Wash. VIII 3.) 
 
 Limited to purposes for which obtained. (Utah XIV 1, 2; Wash. 
 
 VIII 2.) 
 
 Limited to purposes for which obtained or to repayment of debt 
 thereby created. (Ariz. IX 5; Iowa VII 2, 4; 111. IV 18; Kan. XI 
 7; Ky. 49; Mich. X 10; Mo. X 20; X.J. IV 6 (4) ; N.M. IX 9; 
 N.Y. VII 2, 3; Ohio VIII 1, 2; Okla. X 23, 24; Wash. VIII 1; 
 
 Wis. VIII 7.) 
 
 Balance left after accomplishment or abandonment of purpose speci- 
 fied in law creating debt may be disposed of according to law. 
 
 (Del. VIII 3.) 
 
 Interest 
 
 In General 
 
 State bonds to bear interest. (S.C. X 11.) 
 
 Bonds for extraordinary expenditures to be issued "on interest". 
 
 (Minn. IX 6.) 
 
 Rate 
 
 Three per cent, payable semi-annually at state treasurer's office 
 or some place in New York city, in case of specific authoriza- 
 tion of bonds to fund outstanding state warrants. (Colo. 
 
 XI 3.) 
 
 On debt incurred to reimburse school fund losses by default not 
 less than 6 per cent, payable to fund which sustained loss. 
 (Iowa VII 3; Wash. IX 5.) 
 
 On bonds funding debt and warrants outstanding at time consti- 
 tution adopted not to exceed 8 per cent, per annum. (Nebr. 
 
 IX 8.) 
 
 Legislature may alter on any part of debt created under laws 
 referred for people's approval; but not on that part of such 
 debt or bonds evidencing it " created or issued " before the 
 alteration. (NY. VII 4.)
 
 : I 
 
 STATE DEBT (Cont'd) 
 Interest [Cont'd) 
 Payment 
 
 As to application ■ 
 
 I.Xm.Vl 
 
 For r requiring tou Outl 
 
 payment of interest t) 
 
 IZIM. ■ Pbovisiois 
 See also Taxatioh Stj 
 
 taxes for payment of vntt 
 Legislature to Levy annui 
 
 Mo. X 14; Okla. X l; S.I 
 
 At time -of submitting proposed 
 to be made for paym< innual ii 
 
 from other sources of revenue; I 
 submitted to people with Lav authoi 
 law to be irrepealable until debl ■ hi l\ 
 
 Provision In lie made for paym< 
 levy or from other sources of r< 
 tax levy to be irrepealable until 
 
 Treasurer on warrants i 
 ments for. I.M.I. VI 3.) 
 
 Funds and resources "in the b! 
 fund" to be appropriated to payi 
 debt and its discharge; for this i urp< ■ 
 to levy annual tax sufficient to ps 
 as to reduce principal in amount Btated. 
 
 Until legislature provides tor payn 
 
 debt of the state, annual tax of one-fiftli : • 
 personal property and other i 
 levied and applied to payment 
 
 Legislature may appropriate out of any I 
 to pay interest on state debl or n 
 year money in the state treasury 
 interest on debts incurred al 
 principal and lnd< uch fui 
 
 purpose for which created, and v 
 any fiscal year is sufficient to 
 such interest and principal, a dired Rnnt 
 need not be imposed and collect 
 
 of interest to be kept Beparati fro 
 
 to be "safely Invest 
 
 any manner other than for tl 
 
 shall have been provided. iN-V. Vfl 11 
 
 Payment of interest 6n high* 
 dum shall be provided for bj 
 effect shall not be diminished during the 
 created thereunder. I l tl 12
 
 1330 State Constitutions 
 
 STATE DEBT (Cont'd) 
 Interest (Cont'd) 
 
 Payment (Cont'd) 
 
 Legislature may by general laws require counties or towns to 
 pay to sinking fund proportionate part of interest on cost of 
 highways within its boundaries. (N.Y. VII 12.) 
 If rate of interest on state bonds be increased, legislature to 
 impose and provide for collection of direct tax sufficient to 
 pay increased rate and also to discharge principal at maturity 
 and to apiwopriate annually to sinking fund moneys in 
 amount sufficient to pay such interest and discharge principal 
 
 at maturity. (N.Y. VII 4.) 
 
 Legislature to provide for raising revenue sufficient to pay 
 
 interest on state debt in addition to expenses of state. (N.D. 
 
 XI 174.) 
 Sinking fund to be created sufficient to pay accruing interest on 
 
 state debt as well as to redeem principal. (Ohio VIII 7.) 
 Moneys appropriated therefor by legislature to be used by 
 sinking fund commissioners for payment of interest on " public 
 debt of the state excepting only the school and trust funds held 
 by the state ". (Ohio VIII 10.) 
 Legislature to continue fund existing prior to constitution and 
 maintain it sufficient to pay accruing interest as well as to 
 
 redeem principal. (Pa. IX 11.) 
 No debt to be contracted without provision for annual tax suffi- 
 cient to pay interest annually. (Md. Ill 34.) 
 Obligation of 
 
 Nothing contained in constitution to " impair the obligations of any 
 debts contracted by the state". (N.Y. I 17.) 
 Account of — Publication 
 
 Statement of all debts of state to be published as prescribed by law. 
 
 (Conn. IV 21.) 
 Redemption 
 
 For provisions requiring law authorizing a debt to provide for its 
 payment at maturity, See above, this title, Law Authorizing — 
 Provision for Payment of Interest and Principal. 
 For particular provisions respecting redemption of debts for casual 
 deficiencies in revenue, See above, this title, Purpose — Deficien- 
 cies in Revenue. 
 As to application of referendum to bills providing for payment of 
 
 principal of state debt, See Initiative and Referendum. 
 In General 
 
 Legislature to provide from time to time for payment of all 
 just and legal debts of state. (Ark. XVI 2.) 
 From General State Funds 
 
 Surplus in treasury derived from general state taxes; after 
 
 payment ordinary expenses and interest on state bonds " other 
 
 than bank bonds " to be applied annually under direction of 
 
 legislature to payment of principal of state debt. (Ind. X 2.) 
 
 Legislature may make appropriations for from any funds in 
 
 state treasury. (N.Y. VII 11.)
 
 Index Dii 
 
 STATE DEBT (Cont'd) 
 Redemption [Cont'd) 
 
 From General State Funds if ont'd) 
 Moneys appropriated thereto} bj 
 ing fund commiaaionera Eoi paymenl 
 debt of the Btate excepting onl) thi 
 held by the slate". (Ohio \ 111 . 
 State moneys " over and above the 
 used for either directly or through 
 By Taxation 
 
 For provisions respecting purposes for 
 
 taxes, including payment of st<it> debt, 8e* I \ 
 
 See also above, this title, Law 
 
 Payment of Interest \m> Pbingxpal, 
 Annual tax to be levied and collected buI 
 
 interest on state bondeil debl and to redu 
 
 annually by not less than $250,000. I 
 
 be paid into atate treasury and appropriated and : 
 
 for interest on state's bonded debt at. 
 
 fund as provided by section 32 of article I\ 
 
 This tax to cease when bonded debl i stii 
 
 cient for its extinguishment baa beei 
 Legislature to levy annual tax sufficient to paj r 
 
 principal at maturity but such taj 
 
 two mills on assessed valuation of taxable pro] 
 
 state ascertained by last aaaeaamenl foi 
 
 pur] I l 
 
 Legislature to provide for levying annua] U 
 
 annual interest and principal of Btate debt, if ai 
 
 rity. (Ariz. IX 3; Okla. X 4; Utah XII] 2; Waah V I 
 Direct annual tax for interest and principal ol 
 
 be levied for any year in which legislai 
 
 state treasury sufficient to provide | fund I 
 
 . V Y!l 
 
 Legislature not to levy tax to pay debts or boi 
 
 issued by authority of Bpecifled 
 
 latures, except bonds for lunditu: pi 
 
 approved by majority of voters ■ 
 
 held for that purpose. (N.C. I 0.) 
 No debt to be contracted without provision I 
 
 sufficient to pay principal at maturity. | M.I. Ill 
 Legislature to levy annual ta\ sufficient ti ■ «< 
 
 6 ' \ 1 1 1 J 
 
 From Proceeds Sale Public Works 
 
 Annual income of and proceeds of the sail 
 
 belonging to the state to be applied under direction 
 
 IstttM !• 8 
 Proceeds of sale of railroads held by I otkei 
 
 ertv to be applied to paymenl of beaded deb* I
 
 1332 State Constitutions 
 
 STATE DEBT (Cont'd) 
 Redemption ( Cont'd ) 
 
 From Proceeds Sale Public Works {Cont'd) 
 
 no other purpose so long as state has any bonded debt; pro- 
 ceeds of sale of specific railroad to be applied to redemption 
 of bonds for which said railroad Mas mortgaged in preference 
 to other bonds. (Ga. VII Sec. XIII 1.) 
 
 Board of public works authorized, subject to regulations and con- 
 ditions provided by legislature, to sell state's interest in works 
 of internal improvement or any banking corporation receiving 
 in payment therefor bonds or registered debt of state equal 
 in amount to price obtained for state's interest. (Md. XII 3.) 
 
 " Proceeds of the internal improvement companies " not to be 
 appropriated to any other purpose until public debt and 
 interest fully paid or holdings of the sinking fund equal to 
 outstanding debt. (Md. Ill 34.) 
 Time 
 
 Five years from passage of law authorizing. (Wis. VIII 6.) 
 
 Within 10 years from final passage law creating. (S.D. XI 1.) 
 
 Within 10 years from passage of law authorizing in ca&e of 
 debts for extraordinary expenditures. (Minn. IX 6.) 
 
 Term to be not less than 10 nor more than 15 years in case 
 of debts contracted for erection public buildings and supply- 
 ing deficiencies of revenue. (Colo. XI 4.) 
 
 Not more than 13 years from creation in case of debts for 
 unforeseen emergency, or deficiencies in revenue incurred in 
 excess of amount permitted without referendum. (Mo. IV 44.) 
 
 Within 15 years from time of contracting. (Md. Ill 34.) 
 
 " Payment of any liability other than that for the ordinary 
 expenses of the state shall be equally distributed over a 
 period of at least 20 years '". (W.Va. X 4.) 
 
 Within 20 years from passage of law creating debt. (Nev. IX 
 3; Utah kill 2; Wash. VII 1.) 
 
 Within 20 years from date of contracting. ( Ida. VIII 1 ; Iowa 
 
 VII 5; Wash. VIII 3.) 
 
 Within 25 years from passage of law creating. (Ariz. IX 3; 
 
 , Okla. X 4.) 
 
 Within 25 years from date of contracting in case of debt on 
 which referendum required. (Okla. X 25.) 
 
 Within 30 yeaa-s. (Ky. 50.) 
 
 Within 30 years from passage of law creating. (N.D. XII 182.) 
 
 Within 35 years from time of contracting. (N.J. IV 6, 4.) 
 
 Not more than 40 years after passage law authorizing. (S.C 
 
 X 11.) 
 
 Within 50 years from time of contracting. (N.M. IX 8.) 
 
 Within 50 years from date of contracting; this applies also 
 to bonds issued in lieu of bonds authorized but not issued 
 prior to adoption of constitution. (N.Y. VII 4.) 
 
 Bonds authorized to be issued by governor in pursuance of speci- 
 fied statutes validated by this provision to be payable at any
 
 J \ I . ! \ Dk 
 
 STATE DEBT (Cont'd) 
 Redemption ( Con t 'd i 
 Time (Cont'd) 
 
 time not exceeding 50 . 
 until maturity, i Al;i. \\ n - 
 At state's optic, all,-, lu v. 
 
 of bonds in ease of Bpeciflc auth 
 outstanding state Wjarjauta, ({ ,.|.,. \| . 
 Within 75 years of tin 
 Place 
 
 Payable at state treaawi | 
 tion of bonds to fund ... 
 
 Sinking Fund 
 In General 
 
 Legislature to raise, bj taxation • 
 
 sum required bo pa] public exp< 
 
 public debt, $100,1 be beld 
 
 applied solely to retire Btal 
 
 but this section not to b< 
 
 have been paid. (Ga. \ll Sec. JU\ 
 Secretary of state, Btate 
 
 land office to act as " board of fui 
 
 perform such duties as prescribed by Law- 
 Special fund provided into which . 
 
 sales of public lands paid for int< 
 
 debts of specified countii 
 
 of adn 
 "Creation of a sinking fund of at least .' | 
 
 annum to discharge the prin i] 1 !*• 
 
 provided by general laws who 
 
 be diminished during the exj 
 
 thereunder"; this applies mi! 
 
 way purposes up to the $50, ,000 Lii 
 
 "To provide for the payment of tl ' »nd 
 
 any additional debt " contrai 
 
 constitution; legislature i 
 
 sinking fund sufficient 
 
 such debt and annually I 
 
 by a sum not less thai 
 Debts incurred to 
 
 ness" of state to be " 
 
 the sinking fund hereinai •»"** 
 
 shall accumulate ". (Ohio \ U 
 "The faith of the stati ! ■ 
 
 its public debt, in 01 
 
 be created a sinking fund whi 
 
 the accruing int< rest OB 
 reduce the principal then
 
 1334 State Constitutions 
 
 STATE DEBT {Cont'd) 
 Redempttox (Cont'd) 
 
 Sinking Fund (Cont'd) 
 In General (Cont'd) 
 
 $100,000, increased yearly, and each and every year, by 
 compounding at the rate of 6 per cent, per annum." 
 
 (Ohio VIII 7.) 
 
 State auditor, secretary of state and attorney-general created 
 a board of commissioners " to be styled ' the commis- 
 sioners of the sinking fund.'" (Ohio VIII 8.) 
 
 Legislature to provide and maintain sinking fund in accord- 
 ance with specified statute to provide for funding Vir- 
 ginia's share of debt existing time of partition state ter- 
 ritory (Act February 14, 1882). (Va. XIII 187.) 
 Sources of Income 
 
 Surplus of tax required to be levied for payment of interest 
 on state and railroad debt of state until legislature makes 
 provision for payment of such debt to be paid into sinking 
 fund for payment of such debt. (Mo. Sched. 8.) 
 
 Legislature may appropriate out of any funds in treasury 
 moneys to pay principal of state debt or any part 
 thereof and may set apart in each fiscal year moneys in 
 state treasury as a sinking fund to pay and discharge 
 principal of debts incurred after approval on referendum; 
 if moneys set apart in any fiscal year be sufficient to 
 provide such sinking fund, direct annual tax for. such 
 year need not be imposed and collected; to be "safely 
 
 invested". (N.Y. VII 11, 5.) 
 
 Commissioners of sinking fund immediately preceding each 
 regular legislative session to " make an estimate of the 
 probable amount of the fund * * * from all sources 
 except from taxation and report the same together with 
 all their proceedings relative to said fund and the public 
 debt to the governor who shall transmit the same with 
 his regular message" to the legislature ; legislature to 
 make " all necessary provision for raising and disbursing 
 said sinking fund in pursuance " of provisions of constitu- 
 tion. (Ohio VIII 9.) 
 
 Sinking fund to consist of proceeds of sales of public works 
 or any part thereof and of income or proceeds of sale of 
 stocks owned by state " together with other funds and 
 resources that may be designated by law and shall be 
 increased from time to time by assigning to it any part 
 of the taxes or other revenues of the state not required 
 for the ordinary and current expenses of government ". 
 
 (Pa. IX 11.) 
 
 " The moneys of the state over and above the necessary 
 reserve shall be used in the payment of the debt of the 
 state either directly or through the sinking fund." (Pa. 
 
 IX 12.)
 
 
 
 
 STATE DEBT (Cont'd) 
 Redemption (Cont'd) 
 Sinking Fund 1 1 
 
 Sou )(i s o) 1. 
 
 Legislature may bj 
 
 both to pay to 
 
 highwayB within il 
 
 thirty-five one-hundredths 
 
 one-hundredths. | N.Y. \ II ; 
 Legislature nol t.. enai 
 
 eatabliahed time adoption 
 
 paid; but may enact Ian i I .: ■ 
 
 Investment 
 
 If bonds for retiremei I 
 
 cannot be purchased a1 cu 
 
 by governor and t: 
 
 of state; but this Bection not I 
 
 bonds have been paid. 1 1 .:i \ 1 1 - 
 To be kept " safely invested ". | NY. \ II 
 Treasurer on warrant ise »r 
 
 rangements for purchai 
 
 account of sinking fund Md. ^ I 
 Moneys of fund not to be invi 
 
 of anything except thi 
 
 Application 
 
 " Whole resources " to i .. 
 
 to payment of int 
 
 other purpose until whol< • '• 
 
 Funds and resources " in the si 
 
 fund" to \>v appropriated t 
 
 bonded debt and it- di- 
 
 is required to levj annual I 
 
 interesl and to reduce prii 
 
 Surplus of tax for u •"* dab* 
 
 paid into sinking fund to 
 
 debt and to n 
 Principal and inter 
 
 pose for which fund ci 
 
 or used in an\ manner 
 
 for which it shall have been | 
 To be duty of Binking fund 
 
 ply (sinking fund 
 
 be (by legislatun 
 
 payna i I 
 
 t'ion of the principal of th 
 
 onlv the sd 1 and trusl 
 
 \ 1 1 '
 
 1336 State Constitutions 
 
 STATE DEBT {Cont'd) 
 Redemption (Cont'd) 
 
 Sinking Fund (Cont'd) 
 Application (Cont'd) 
 
 I nless in case of war, invasion or insurrection no part of " 
 sinking fund to be used or applied otherwise than in the 
 extinguishment of the public debt (but see provision same 
 section that fund be maintained " sufficient to pay the ac- 
 cruing interest on such debt"). (Pa. IX 11.) 
 Report 
 
 Commissioners to make semi-annual report of their pro- 
 ceedings to governor who shall publish same and com- 
 municate it to legislature forthwith if in session, but if 
 not, then to the next session. (Ohio VIII 11.) 
 STATE ENGINEER 
 
 Under tliis heading are digested those provisions which specifically refer 
 to this officer. For provisions relating to all officers and hence to this 
 one, See the title Public Officers. 
 Appointment 
 
 By governor subject to confirmation of senate. (Wyo. VIII 5.) 
 Compensation 
 
 Fixed by law. (N.Y. VI.) 
 
 Increase or decrease during term for which elected prohibited. (N.Y. 
 
 V 1.) 
 Fees, perquisites or compensation other than salary prohibited. (N.Y. 
 
 V 1.) 
 Election 
 
 At general election at time and place of electing governor. (N.Y. 
 
 V 1,2.) 
 Powers and Duties 
 
 As prescribed by law. (N.Y. V 6.) 
 
 Canals, execution of laws relating to construction and improvement 
 
 as may be confided to him. (N.Y. V 3.) 
 President of board of control and general supervision of waters of 
 state and of officers connected with its distribution. (Wyo. 
 
 VIII 5.) 
 Qualifications 
 
 Practical civil engineer. (N.Y. V 1.) 
 
 Such theoretical knowiedge and practical experience and skill as shall 
 lit him for position. (Wyo. VIII 5.) 
 Term of Office 
 
 Two years. (N.Y. V 1, 2.) 
 
 Six years and until successor qualified. (Wyo. VIII 5.) 
 
 STATE EXAMINER 
 
 Under this heading are digested those provisions which specifically refer 
 to this officer. For provisions relating to all officers and hence to this 
 one, See the title Public Officers* See also " Auditor ", and " Comp- 
 troller ".
 
 ■ 
 
 
 STATE EXAMINER (Cont'd) 
 Appointmb N I 
 
 I'.y governor with i 
 To be provided tor l.\ 
 
 to COIltil II .tl..: ' \ 
 
 Compensation 
 
 To be fixed by law. (Mom \ II Bj R 
 Fixed at $3,000 until oth( 
 or diminished during term Ear wbid • 
 receive t>. own ase fe 
 compensation. (Okla. \ I 
 Election. (Okla. VI 1, 9, 4. 
 Powers and In ties 
 
 To examine accounts of state t 
 court clerks, county tn 
 institutions as may be pr< 
 prescribed by law: to i 
 required, to oflicers d< 
 
 To examine state and all count] fcri 
 on band or in bank at least tv 
 report once a year. For such pur] 
 sion of treasurer's office. To pr< 
 keeping for use of all treasun rs, I " 
 be prescribed by law. (Okla. \ I 
 
 To examine books and accounts of such pu 
 other powers and duties a? prescribed I 
 
 To keep office and public reco: 
 duties designated in const i tut ion 
 
 Qualifications 
 
 Male citizen of United States, i 
 im; election a qualified elector of s 
 experience as expert accountant. (Okla. \ I 
 
 TEHM OF OFFICE 
 
 Two years. (Ariz. XXII 18.) 
 
 Four vears from second Monday of .Jam: 
 
 STATE FINANCES 
 
 For provisions respecting stai- 
 
 For pensions authorizing l<fl 
 
 For provisions relating to state 
 "Public Lands", " Canals*, and 
 
 For provisions r.sprri;,,,, contmoU vith I 
 
 In Gkni'ual 
 
 Comptroller to have general so] 
 
 1
 
 1338 State Constitutions 
 
 STATE FINANCES {Cont'd) 
 Fiscal Year 
 
 See also Political Year. 
 
 To commence January 1st. (Nev. IX 1; S.C. X 10.) 
 To commence January 1st unless changed by legislature. (Utah 
 
 XIII 1.) 
 To commence on second Monday January unless otherwise provided 
 
 by law. (Ida. VII 1.) 
 To commence July 1st. (Ariz. IX 4; Cal. XX 5.) 
 To commence July 1st unless otherwise provided by law. (Ky. 169; 
 
 Okla. XI.) 
 To commence October 1st and end September 30th. (Miss. IV 115.) 
 To commence October 1st unless otherwise provided by law. (Colo. 
 
 X 1.) 
 Budget 
 
 See also Appropriations. 
 
 As to governor's duty to send to legislature message reviewing " con- 
 dition " of state and recommending expedient measures, See 
 
 Governor. 
 As to power of governor or legislature to require from executive officers 
 and state institutions information respecting the expenses and con- 
 dition of their respective offices, and the duty of such officers and 
 institutions to give such information, See Public Officers — 
 Reports, or the particular officer or institution. 
 Governor, auditor and attorney-general before each regular session to 
 prepare " general revenue bill " and submit it to legislature " for its 
 information"; sufficient number of copies of such bill to be printed 
 for use of legislature; governor to transmit copies to lower house 
 " as soon as o/ganized to be used or dealt with as that house may 
 
 elect". (Ala. IV 70.) 
 
 Each officer of executive department to make to governor at beginning 
 
 of regular session report "of the requirements" of his office; 
 
 governor to lay report before legislature at beginning of regular 
 
 session; legislature may call for additional information. (Fla. 
 
 IV 27.) 
 Governor to present at commencement of each regular session estimates 
 of amount of money required to be raised by taxation for all pur- 
 poses. (Ala. V 123; 111. V 7; Mo. V 10; Nebr. V 7; Tex. IV 9.) 
 Governor at beginning each session, to present estimates of amount 
 of money required to be raised by taxation for all state purposes.' 
 (Colo. IV 8; Ida. IV 8; Mont. VII 10; W.Va. VII 6.) 
 Comptroller to prepare and report estimates of revenue and ex- 
 penditures. (Md. VI 2.) 
 Claims Against State 
 
 Under this subdivision are digested only provisions respecting validity, 
 presentation and audit of claims; for suits on such claims, See 
 
 Suits Against State. 
 Time and Manner of Presenting 
 
 Legislature may prescribe by law manner in which accounts 
 shall be rendered for state printing. (Mich. V 25.)
 
 l.NDKX I )i..i 91 
 
 STATE FINANCES (Cont'd) 
 
 Claims Against Sxaq I'd) 
 
 Time and Manner of Presenting < 
 Legislature, oana] board, 01 an . 
 
 audit, allow or pa; ba 
 
 barred, except when pi 
 
 further time; this d< :<* 
 
 fixing time for presentation i I 
 
 claims presented within time all< 
 
 prosecuted with dui 
 Except claims of Unit( 
 
 to be made for payment of 
 
 after claim accrued, i \\ i-. \ 1 1 1 
 In case of claimants Qndi 
 
 within two years after removal oi 
 Expenses of committei gialatun 
 
 tions not at seat of goi 
 
 and certified by him and ati 
 
 8.) 
 
 Audit and Payment 
 
 Legislature not to audit or allow 
 
 against the state. (Mich. V 34; N.V. Ill 
 Legislature not to audit or al 
 the state except for expend 
 
 Special law making compensation to da 
 
 bidden. Wa. i\ 24 
 Legislature may appropriate ' 
 
 according to law. (Ky. 58; N.V. Ill Ifl 
 Legislature not to appropriat^ 
 
 vate claims exceeding $300 unless fli 
 
 of treasury with proofs on which I 
 
 by him. 
 Legislature may direct 1,\ law manner il 
 
 state may be established and adjusted. 
 Legislature to provide that claima U] 
 
 •• examined and adjusted bj I 
 
 secretary of state" before warranl I 
 
 " No bills, claim-, are,,,,:;-- oi den 
 
 be audited, allowed or paid until a full it- 
 
 writing verified by affidavit shall 
 
 officers whose duty it may be to aud MD. XII 
 
 Secretary of state, state tr< isurei 
 to constitute ofstateaut 
 
 all claims agaii 
 
 Governor, secretary of 
 
 board of examiners, with ,
 
 1340 State Constitutions 
 
 STATE FINANCES (Cont'd) 
 
 Claims Against State {Cont'd) 
 Audit and Payment {Cont'd) 
 
 state except salaries or compensation of officers fixed by law; 
 and no claim except such salaries to be passed upon by legis- 
 lature without first having been considered and acted on by 
 this board. (Ida. IV 18; Mont. VII 20; Nev. V 21.) 
 Persons aggrieved by decision of auditor and secretary of state 
 on claims presented to them may appeal to district court. 
 
 (Nebr. IX 9.) 
 Necessity of Previous Authorization 
 
 Legislature not to pay or authorize payment of claims under 
 
 contract made without authority of law. (Cal. IV 32; 111. IV 
 
 19; La. 47; Miss. IV 96; Mo. IV 48; S.C. Ill 30; S.D. XII 3; 
 
 Utah VI 30; W.Va. VI 38.) 
 
 Same; but this does not apply to claims incurred by public 
 
 officers in executing state laws. (Utah VI 30.) 
 
 Same; and legislature may make appropriations for expenditures 
 
 incurred in suppressing insurrection or repelling invasion. (111. 
 
 IV 19; Miss. IV 96; S.C. Ill 30; S.D. XII 3; W.Va. VI 38.) 
 
 Legislature not to authorize payment of claims " without previous 
 
 authority of law". (Colo. V 28; Mont. V 29; Pa. Ill 11.) 
 
 Except as may be otherwise provided in constitution. (Mont. 
 
 V 29.) 
 No money to be paid on any claim, subject matter of which was 
 not provided for by pre-existing law, unless allowed by two- 
 thirds of members elected to each house. (Ark. V 27; Fla. 
 XVI 11; Iowa III 31; Ohio II 29.) 
 Legislature not to grant money out of state treasury by appro- 
 priation or otherwise on claims not provided for by pre-existing 
 
 law. (Tex. Ill 44.) 
 Revenues and Receipts 
 
 For provisions relating to state taxes, See Taxation. 
 
 As to amount, collection and accounting for and return of fees and 
 
 other receipts of public officers generally, See Public Officers — 
 
 Fees and Emoluments ; as to fees and receipts of particular officer 
 
 or class of officers, See specific title. 
 
 For provisio7is relating to income from or proceeds of the sale or 
 
 lease of public property, See Public Property. 
 For provisions relating to fines, penalties and forfeitures, See Crimes. 
 For provisions relating to fees for filing articles of incorporation and 
 
 other documents, See Corporations. 
 In General 
 
 State treasurer to receive all moneys belonging to state. (Conn. 
 
 IV 17.) 
 Legislature to prescribe by law manner in which treasurer shall 
 
 receive state moneys. ( Md. VI 3. ) 
 
 Comptroller to prepare and report estimate of revenues; and to 
 
 digest and prepare plans for improvement and management of 
 
 state's revenues. (Md. VI 2.)
 
 I 
 
 STATE FINANCES (Con? 
 Revenues am. Hi 
 
 In General (Cont'd) 
 
 " All monevs dl rn 
 
 aJBter the payment d 
 set apart for the payment of tl 
 government and for ao othoi put 
 JS70 — 111. Central Railroa 
 Revenue Bills 
 
 For other proi isiona relating to inti 
 the legislature, ane 
 bill contain but Oi 
 
 " No revenue bill " to be< i 
 members present and \ 
 
 Matters "not immediatelj 
 
 revenue " not to be "in anj n 
 to " revenue bills ; but no bill 1 1 
 may incident nil \ aris . ill be i 
 
 Amount 
 
 Legislature to provide for 
 state for fiscal year and ii. 
 
 Same; and principal of state debt 
 Legislature to provide at each i 
 to defray current expensi 
 
 Rentals specified in leases of water p< 
 canal shall be subject to revaluation • 
 (111. Amend. 1870-1908 — 111. and M 
 
 Collection 
 
 Comptroller to superintend and enf< 
 
 revenues; and to settle and adjust on 
 
 with delinquent colle* ti 
 All revenue oolleeted and 
 
 source to go into treasurj 
 
 to divert san e. Mo. IV 13.) 
 Revenue to be collected b\ ; 
 
 Income of ("hi. 
 
 (Til. Amend. 1870-1908 — 111. and 
 
 Treasurer's receipt for moneys 
 trollrr's warrants "withoul • 
 acknowledgment of n 
 
 Account of — Publication 
 Statement of all receipt
 
 134:2 State Constitutions 
 
 STATE FINANCES (Cont'd) 
 
 Revenues and Receipts (Cont'd) 
 
 Account of — Publication (Cont'd) 
 
 Accurate and detailed statement of receipts of public money to 
 be published as prescribed by law. (Ark. XIX 12; Kan. XV 
 
 5; Ohio XV 3.) 
 Regular statement and account of receipts of public money to 
 
 be published from time to time. (Mo. X 19.) 
 Regular statement and account of receipts of public money to be 
 
 published annually. (Ky. 230- ) 
 Accurate account of receipts of public money to be annually 
 
 published. (N.C. XIV 3.) 
 Complete and detailed statement of receipts of public money to 
 
 be published annually. (W.Va. X 3.) 
 Regular statement and account of receipts of public money to 
 be published every three months in manner prescribed by law. 
 
 (La. 45.) 
 
 Accurate statement of receipts of public money to be published 
 
 annually in manner provided by law. (Ariz. IX 4; Utah XIII 
 
 6; Wash. VII 7.) 
 
 Regular account of receipts of public money to be published 
 
 annually in manner directed by law. (Ala. IV 72; Del. VIII 6.) 
 
 Regular statement of receipts of public moneys under oath and 
 
 account of, to be published annually in manner prescribed by 
 
 law. (Tex. XVI 6.) 
 
 Regular statement and account of receipts of public money to be 
 
 published at commencement of annual session of legislature. 
 
 (Me. V Pt. IV 4.) 
 
 Regular statement and account of receipts of public money to be 
 
 published every three months and also with session laws. 
 
 (Ga. Ill Sec. VII 11.) 
 Accurate itemized statement of receipts of public moneys to be 
 published annually in manner provided by legis'ature and to 
 be submitted to legislature by governor with his message at 
 beginning each regular session. (S.D. XI 12, XII 4.) 
 Accurate statement of receipts of public money to be published 
 with session laws. (Cal. IV 22; Fla. Ill 19; Ind. X 4; Iowa 
 III 18; Md. Ill 32; Mich. X 17; Nev. TV 19; Ore. X 5; S.C. 
 
 X 8; Tenn. II 24,) 
 
 Release of Obligations Due State, See Public Property — Obligations 
 
 Owned by Statb. 
 Custody op State Money 
 In General 
 
 For provisions respecting responsibility for funds entrusted to 
 them and punishment by disqualification for office or otherioise 
 for misuse of such- funds, See Public Officers and particular 
 
 officer or class of officers. 
 Legislature to pass suitable laws for safe-keeping of state funds. 
 
 (S.C. X 12.)
 
 I \ I > I \ DlOESl 
 
 STATE FINANCES [Cont'd) 
 
 Custody of State Money [Cont'd) 
 In General [Cont'd) 
 
 Legislature to provide bj lav. 
 management of public fan 
 
 Legislature to pass suitable Ian 
 
 Deposit in Bank 
 
 All moneys belonging 
 
 bank within state or ill air 
 state in manner ami under condit 
 posits at any one time not to 
 capital stock of de] bank, • 
 
 one time more than 20 per cent, of ; ill 
 deposit in any liank and while ti. 
 requesting such depos 
 deposits bonds of United 6 
 municipality or school district, or In 
 state to be approved by officer 
 in value at least 1<> per cent, in ea 
 Banks to pay reasonable rate of intei 
 cent, per annum on dailj balano 
 
 Treasurer not to receive any fee, 
 or use in any manner of the pu 
 enforce by suitable penalties. (Qa. V & 
 
 Treasurer to receive and until others 
 posit as soon as received t<> 
 by him with approval of govei i 
 satisfactory to the governor for - 
 
 State moneys not to In- ■! in ! 
 
 organized under national i 
 any bank not to exceed 50 p 
 of bank. Bank receiving deposit* I 
 as separate item in all publish I -' 
 
 All moneys in state treasury be! 
 ately on receipt be deposited by tr< 
 benefit of proper fund in hank 
 approval of governor and at! 
 security sat i- factory to 
 keeping and repayment of 
 treasurer on his check. Bai ' 
 a bonus for the use of such dep 
 paid by other ban! 
 together with interest ami pi 
 posed by treasurer for Mate purp 
 warrants drawn bj
 
 1344 State Constitutions 
 
 STATE FINANCES {Cont'd) 
 
 Custody of State Money (Cont'd) 
 Deposit in Bank (Cont'd) 
 
 Funds in hands of state treasurer to be deposited at such rate 
 of interest as prescribed by law. Governor, state auditor and 
 state treasurer constitute " state depository board " with full 
 power to designate depositories with which funds in hands of 
 treasurer shall be deposited; when money so deposited treas- 
 urer not to be liable " for loss on account of any such deposit 
 occurring through damage by the elements or for any other 
 cause or reason occasioned through means other than his own 
 neglect, fraud or dishonorable conduct". (Mont. XII 14.) 
 All public moneys not invested in interest-bearing securities to 
 be deposited in national bank in state or in banks or trust 
 companies incorporated under laws of state. Interest on such 
 deposit to be applied in manner prescribed by law. (N.M. 
 
 VIII 4.) 
 All state money except as otherwise provided in constitution 
 shall whenever practicable be deposited in a national bank or 
 bank incorporated under laws of state; bank to furnish secu- 
 rity approved as provided by law and to pay reasonable rate 
 of interest, such interest to accrue to fund from which it is 
 
 derived. (Wyo. XV 7.) 
 Funds 
 
 For provisions relating to school funds, See Education — Funds. 
 For provisions relating to sinking funds, See State Debt — Redemp- 
 tion 
 For state funds for insuring compensation payable to injured em 
 ployees and dependents of killed employees, See Workmen's Com 
 
 pensatton 
 
 For provisions relating to special funds derived from proceeds of 
 
 sales and leases of public property, See "Public Property — 
 
 Trusts " and " Public Lands — Trusts ". 
 
 Moneys held as "necessary reserve" to be limited by law "to the 
 
 amount required for current expenses " and to be secured and kept 
 
 as provided by law; monthly statements to be published showing 
 
 the amount thereof, where deposited, how secured. ,(Pa. IX 13.) 
 
 Money of any fund not to be diverted therefrom either by joint or 
 
 separate resolution. (111. IV 17; Nebr. Ill 22.) 
 No money to be taken from any fund for any other purpose than that 
 
 for which it has been appropriated or provided. (W.Va. X 3.) 
 Legislature to pass suitable laws for transfer and disbursement of all 
 
 state and school funds. (Minn. IX 12.) 
 
 Legislature not to borrow or in any manner divert from its purpose 
 
 any special fund that may or ought to come into the treasury. 
 
 Legislature to make it penal offense for any person to borrow, 
 
 withhold or divert from its purpose any special fund or part 
 
 thereof. (Tex. VIII 7.)
 
 1 M > I- \ I ) | , . 
 
 STATE FINANCES (Cont'd) 
 Funds (Cont'd) 
 
 Statement of all fund 
 
 
 .Special fund for Panama Exj • • 
 
 tails as to taxes; income payable 
 
 and disbursements therefrom. 
 Special " interest accounl " and " i I 
 
 to be created in statr tn.i-ui, 
 
 be made by board of commies 
 payment of interest on and redemptii 
 
 for improvement of the port of V 
 Currency, Issi 1: ok 
 
 Legislature not to issue " treasury 
 
 of j amy description intended to circulate .. moi 
 
 Public Credit 
 
 For loans of state credit, and .■■ 
 
 Comptroller to digest and prepare plan 
 Loans of State Money 
 
 State not to lend money in aid of an\ 
 or to any individual, association 
 may use specific funds or make appi 
 repair or maintenance of publii 
 "Trust moneys" of state may be invested ill I 
 
 '■ unquesl ionabli III 
 
 Funds of state not to be loaned to anj 
 
 i inn •• public •■■ pi 
 State not to lend money t" anj company, 
 except corporations formed for educatioi i 
 
 State money not to be loaned in aid i 
 takings; but legislature may Oflake • 
 proper for "education and support of the I 
 and juvenile delinquents"; and prohibition 
 funds held bv stale for <* educational purpoft 
 
 Refunds 
 
 Local or special legislation refunding I 
 
 forbidden. (Cal. IV 25; Edft. Ill 10; M 
 
 Xev. IV 20; N.M. [V 24; N.D. [] I 
 Local or special legislation refunding 
 
 state treasury, forbidden. (Ky. 
 Local, special or private legislatioi 
 
 paid into treasury of state, forbid 
 
 Local or special laws refunding i 
 
 hibited; unless recomi: 
 
 dep : ' ;!1 
 
 43
 
 l-Mib' State (Jojs'sittutiojns 
 
 STATE FINANCES (Cont'd) 
 
 EXPENDITURES 
 
 See also Appropriations. 
 Purpose 
 
 In General 
 
 Treasurer to disburse state moneys for state purposes on 
 
 proper warrant and not otherwise. (Md. VI 3.) 
 Proceeds of tax levies to be expended for " public service in 
 the necessary defense and support of the government " of 
 state " and the protection and preservation of the subjects 
 thereof " in accordance with statutes. No money, except 
 that appropriated for redemption of and interest on debts, 
 to be drawn from treasury unless on proper warrant for 
 necessary support and defense of state and necessary pro- 
 tection and preservation of inhabitants thereof. (Mass. 
 Pt. II Ch. I Sec. I 4, Ch. II Sec. I 11; N.H. II 5, 55.) 
 " No allowance shall be made for the incidental expenses 
 of any state officer " except by general appropriation on 
 an itemized account. (Nebr. Ill 22.) 
 Aid to Private or Corporate Enterprise 
 
 For loans of state credit to or in aid of sack enterprise, See 
 
 State Debt — Purpose. 
 For provisions relating to state ownership of stocks and 
 bonds of corporations, or joint ownership of property gen- 
 erally, See Public Property — State Ownership For- 
 bidden. 
 See also " Charities — Appropriations " and " Charities 
 — Establishment and Support ", and " Charities and 
 
 Corrections — Support of ". 
 For state aid to sectarian schools, See Education. 
 State money not to be given to or in aid of any person, 
 
 association or corporation. (Ariz. IX 7.) 
 Same; except for necessary support of poor. (N.D. XII 
 
 185; S.D. XIII 1; Wyo. XVI 6.) 
 State money not to be given to or in aid of any person, asso- 
 ciation or corporation except for care of sick and indigent 
 
 persons. (N.M. IX 14.) 
 Funds of state not to be granted to or for any person, asso- 
 ciation or corporation " public or private " and state not 
 to subscribe " for any private enterprise ". ( La. 5S. ) 
 Legislature not to make or authorize any gift of public 
 money, or thing of value to individual or corporation, but 
 this not to prevent legislature granting aid to institutions 
 for support of children and aged persons. (Cal. IV 31.) 
 State money 'not to be given to or in aid of any person, com- 
 pany or corporation. (Colo. XI 2; Ga. VII Sec. XVI 1; 
 
 Mont. XIII 1.) 
 Same; except in case of public calamity. (Mo. IV 46.) 
 State money not to be given to or in aid of any society, 
 company, association or corporation. (N.J. I 20.)
 
 I M-l g I l| 
 
 STATE FINANCES (Cont'd) 
 Expenditures ( Con t 'd ) 
 Purpose (Con ffl) 
 
 Aid to Privati or • 
 
 State money nut to be given 
 
 association or corporal 
 Same; exc< pt corporatioi 
 
 Mate money not to be given 
 dertakinos; but Legislature m 
 it deems proper for " 
 deaf and dumb ami juvenile ■ !■ Lii 
 does not apply to funds bi Id 
 purposes". (N.Y. \ III 9, 14 
 
 State money not to be given to 01 in 
 
 State money not to be given t>> or 
 
 No appropriation of public I 
 
 public service corporation. (An/. 1\ 
 Donations in aid of railroad 01 
 
 I \\ 
 State money not to It 
 
 enterprise for construction of n 
 State not to be stockholder in ban'. 
 Aid io Local Community 
 
 For loans of state's credit t<> 
 
 State never to pay any debt "i lial 
 city, unless incurred to repel in\ - 
 tion or provide for public wi 
 
 Legislature not to make or au< 
 
 or thing of value to any muni 
 
 not to prevent legislature grai 
 
 support of children and aged 
 Legislature may extend aid for i »net 
 
 of count; 
 No appropriation of publi( 
 
 counties or municipalities. (1 
 Not to pay liabilities of any - pul I 
 
 Funds of state not to 1 
 
 •• publi 
 
 Legislature not to grant <>r aul 
 or thing of value to mum 
 not prev.nt -rant of aid U 
 
 Except as otherwise provided 
 make donation, directlj or ind
 
 134:8 State Constitutions 
 
 STATE FINANCES (Cont'd) 
 Expenditures [Cont'd) 
 Purpose (Cont'd) 
 
 Aid to Local Commwvity (Cont'd) 
 
 lie corporation; but this not to be construed to prohibit 
 provision for care of sick and indigent persons. (N.M. 
 
 IX 14.) 
 Legislature not to grant or authorize grant of aid to munici- 
 pal corporation. Legislature especially authorized to 
 aid in manner provided by law construction of sea walls 
 or breakwaters in counties and cities on gulf in. propor- 
 tion to extent and value of such works constructed in any 
 
 locality. (Tex. Ill 51, XI 8.) 
 Amount 
 
 See also Appropriations — Amount. 
 
 Comptroller to prepare and report estimates of expenditures. 
 
 (Md. VI 2.) 
 No appropriation to be made or expenditure authorized by legis- 
 lature whereby state expenditures during fiscal year shall 
 exceed total tax then provided for by law and applicable to 
 such appropriation or expenditure unless legislature, making 
 such appropriation, provides for levying sufficient tax not 
 exceeding limit of rate for state purposes to pay such appro- 
 priations or expenditures within such fiscal year; this does not 
 apply to appropriations or expenditures to suppress insurrec- 
 tion, defend state or assist in defending United States in time 
 of war. (Colo. X 16; Ida. VII 11; Mont. XII 12; Utah 
 
 XIII 9.) 
 Legislative Authorization 
 
 No money to be drawn from treasury unless first appropriated 
 
 by act of legislation. (Vt. II 27.) 
 No money to be drawn from state treasury by order or resolu- 
 tion. (Md. Ill 32.) 
 No money to be drawn from treasury but pursuant to appro- 
 priation made by act of legislature; but compensation of 
 members and expenses of session of legislature may be paid 
 from treasury pursuant to resolution. (Del.. VIII 6.) 
 No money to be drawn from treasury without appropriation 
 
 authorizing it. (Me. V Pt. IV 4.) 
 No money to be paid out of state treasury " except upon " appro- 
 priation by law. (Ala, IV 72; Colo. V 33; N.D. XII 186; 
 Pa. Ill 16; S.D. XII 1; Wyo. XVI 7.) 
 No money to be drawn from treasury "but inconsequence of" 
 appropriation made by law. (Cal. IV 22; Iowa III 24; Nev. 
 IV 19'; N.C. XIV 3.) 
 No money to be drawn from treasury " except in pursuance of " 
 appropriation by law. (Ariz. IX 5; Ark. XVI 12; Fla. IX 4; 
 Ida. VII 13; 111. IV 17; Ind. X 3; Ky. 230; Md. Ill 32; 
 Mich. X 16; Minn. IX 9; Ore. IX 4; S.C. X 9; S.D. XI 9; 
 Tenn. II 24; Va. XIII 186; W.Va. X 3; Wis. VIII 2.)
 
 [ndex Dk 
 
 STATE FINANCES (Cont'i 
 
 EXPENDITUBES (Cotlf 
 
 Legislative Authorization I 
 No inuii.-> to be drawn [ran 
 of specific appropriate 
 II 21; La, 45; Mont, All 
 
 Legislature nol to pi rrall monqj I 
 ct'pt iii pursuance of regul u 
 
 No money bo be paid oul of I 
 or any of the funds Ui 
 of appropriation by law. (M 
 
 ■ 
 !No money to be drawn from 
 
 made by law. (Ga. Ill Set .VII 
 Xo money to be drawn from treastlf 
 
 made by law "; luit d< 
 
 state by United States. I N..i. [V& \ - 
 
 No money to be paid iron, 
 
 by law, except interest on public debt 
 
 111 
 Mbney to be paid from treasury onlj un appn 
 
 legislature except interest < >r other ; 
 
 No money to lie drawn from treasury 
 
 for redemption of debt and interest 1 
 
 to acts of legislature. iN.ll. II 5 
 Referendum 
 
 Women entitled to vote if lia-. 
 
 assessed for taxes in anj part 
 
 expenditure. ( Mich. Ill ; 
 
 Warrant for 
 
 As to ditty of treasurer U 
 
 concerning warrants i>«i<l by him, 
 Xo money to be drawn from treasury 
 
 ernor and 
 No moneys to be drawn from 
 for redemption of debt and ii 
 of governor with 
 No ne-nev- to be paid out of t ; 
 
 priated " for redemption of bill* 
 
 or interest thereon Withoui 
 advice and consent of I 
 statutes. ( Mitts. Pt. H « ' 
 
 Not to be drawn on si 
 
 priatio,, for specified purp< 
 Comptroller to gi I 
 law for payments
 
 1350 State Constitutions 
 
 STATE FINANCES (Cont'd) 
 Expenditures ( Cont'd ) 
 Warrant for (Cont'd) 
 
 tions. Treasurer to disburse state moneys according to law 
 on warrants drawn by comptroller and on checks counter- 
 signed by him and not otherwise. (Md. VI 2, 3.) 
 No money to be paid out of the treasury without warrant drawn 
 by proper officer. (N.M. IV 30; N.D. XII 186; S.D. XII 1.) 
 No money to be paid from treasury without warrant drawn by 
 
 proper officer in pursuance of law. (Wyo. Ill 35, XVI 7.) 
 Payment from treasury forbidden except on warrant drawn by 
 proper officer in pursuance of appropriation. (Ala. IV 72; 
 
 Colo. V 26; Pa. Ill 16.) 
 
 No money to be paid from treasury except on warrant drawn by 
 
 proper officer in pursuance of appropriation, except interest on 
 
 public debt. (Mont. V 34.) 
 
 No money to be drawn from the treasury except on auditor's 
 
 warrant drawn on appropriation made by law. (111. IV 17; 
 
 W.Va. X 3.) 
 No money to be drawn from treasury except on warrant issued 
 
 by auditor, on specified appropriation. (Nebr. Ill 22.) 
 No money to be drawn but upon warrants duly drawn by comp- 
 troller on appropriations made by law. (Cal. IV 22.) 
 Treasurer to " disburse no funds " except on order of comptroller 
 countersigned by governor in manner prescribed by law. (Fla. 
 
 IV 24.) 
 
 State treasurer to disburse state moneys only as directed by 
 
 law and not to pay warrant or order for disbursement of public 
 
 money until such warrant is registered in office of comptroller. 
 
 (Conn. IV 17.) 
 Governor may draw on treasury for such sums as may be 
 appropriated by legislature. (Vt. II 20.') 
 Payment — • Checks 
 
 Comptroller to countersign treasurer's checks on banks in which 
 
 state money deposited. (Md. VI 2.) 
 Receipts 
 
 Treasurer to take for all moneys paid by him. ,(Md. VI 3.) 
 Account of — Publication 
 
 Statement of all " payments " of state to be published as pre- 
 scribed by law. (Conn. IV 21.) 
 Accurate and detailed statement showing amounts paid, to whom, 
 and on what account, to be published as prescribed by law. 
 (Ark. XIX 12; Kan. XV 5; Ohio XV 3.) 
 Accurate statement of to be published with session laws. (Cal. 
 IV 22; Fla. Ill 19; Ind. X 4; Iowa III 18; Md. m 32; Mich. 
 X 17; Nev. TV 19; Ore. X 5; S.C. X 8; Tenn. II 24.) 
 Regular statement and account of, to be published every three 
 months and also with session laws. (Ga. Ill Sec. VII 11.) 
 Regular statement and account to be published every three months 
 in manner prescribed by law. (La. 45.)
 
 I 
 
 STATE FINANCES (Conf 
 
 EXPENDITTJKKS ( Volt t '</ I 
 
 Account of — Publication (Confrf) 
 Regular statement and 
 
 Regular accdunt to be publi 
 
 bj law. ( Ala. 1\ 72; Del. \ III 
 Accural, account t<> !"■ nnnuall) pul 
 Accurate statement to be publish* 
 
 vided by law. (Am. IX 4; Utah il] 
 Regular statement ami aecounl 
 
 men! of annual session of legi 
 Regular statement under oath i 
 
 annually in manner prescribe 
 i ompl'ete and detailed Bt 
 
 Accurate itemized statement of t" !"■ pul>li»l 
 nor provided bj legislature; ai 
 by governor with bis mi 
 
 Auditor within GO day.- after a 
 merit of all money expended 
 amount of each and to whom and 
 
 Miss. l\ 
 
 Statement of all expenditures o! 
 
 Regular statement and account 
 
 Joint standing committee of legislal 
 to examine and report on all 
 and all matters of alleged abus 
 their attention called bj 
 
 A ( i ' 1 1 vis 
 
 As to duty of particular officer ' 
 that officer; as to duty of public ■ 
 
 and in report, See Pubi i< 
 
 I.v to duty to keep account <>! 
 
 For provisions requiring publii 
 md expenditure, See the spa 
 Form and Method of Keeping 
 Comptroller ot account 
 dering all public account 
 ,„ performance of bis dul 
 Comptroller to decide on I 
 
 Legislature to provul b; 
 state officials, boa. 
 
 Ill
 
 1 •*>">- State Constitutions 
 
 STATE FINANCES (Cont'd) 
 Accounts [Cont'd) 
 
 Form and Method of Keeping (Cont'd) 
 
 System of accounts prescribed for by legislature to provide for 
 " accurate records of all financial and other transactions and 
 for cheeks upon all receipts and disbursements of all state 
 officials, boards and institutions and shall be uniform for all 
 similar boards, institutions and county officials ". (Mich. 
 
 X IS.) 
 " The legislature shall provide by law for the establishment and 
 maintenance of an efficient system of checks and balances be- 
 tween the officers of the executive department and all commis- 
 sioners and superintendents and boards of control of state 
 institutions and all other officers entrusted with the collection, 
 receipt, custody or disbursement of the revenue or moneys of 
 
 the state whatsoever." (Okla. V 60.) 
 
 State examiner and inspector to prescribe uniform system of 
 
 bookkeeping for the use of state and of county treasurers. 
 
 (Okla. VI 19.) 
 
 Legislature to require all money collected by taxes, fees, fines 
 
 and public charges of every kind to be accounted for by system 
 
 of accounting that shall be " uniform for each class of accounts, 
 
 state and local, which shall be prescribed and audited by 
 
 authority of the state". (Okla. X 30.) 
 Legislature to provide by law for establishment and maintenance 
 of efficient system of checks and balances between officers at 
 seat of government entrusted with collection, receipt, custody 
 or disbursement of revenues of state. (Va. V 84.) 
 Commissioner of state hospitals for insane to be responsible for 
 proper disbursement of all moneys appropriated or received 
 from any source for maintenance of hospitals for insane and 
 to cause to be established and maintained at all the hospitals 
 a uniform system of keeping the records and accounts of 
 money received and disbursed and of making reports thereof. 
 
 (Va. XT 152.) 
 Custody 
 
 C6mptr6*ller to preserve all public accounts. (Md. VI 2.) 
 Audit and Examination 
 In. General 
 
 Legislature to provide by law for supervision and audit 
 of the accounts of all state officials, boards and insti- 
 tutions by "competent state authority". (Mich. X IS.) 
 Legislature to provide by law for monthy investigations 
 into accounts of treasurer and auditor of public 
 
 accounts. ( Ky. 53.) 
 Treasurer's accounts to be annually audited. (Vt. II 26.) 
 Reptir'ts in Auditing Agency 
 
 Legislature to provide by law for uniform reports of all 
 "public aecourits " to "competent state authority" for 
 
 audit thereof. (Mich. X IS.)
 
 l\i>i,x |)|. 
 
 STATE FINANCES [Cont'd) 
 Accounts (Cont'd) 
 
 Audit and Examination 1 1 
 Reports to A m 
 
 Treasurer to Bubmit to , 
 -in n •■ fair and ai - 
 ami settled with comptroll 
 Legislature "all liia | 
 treasury department " within 
 
 By Legislature 
 
 GrovernoT to aec i 
 
 paid out by him. | Ala. V 
 V 7; Mo. V Hi; Mont. VII 
 
 And for all moi 
 
 Mo. \ 
 Treasurer to settle 
 joint commit tee thi < 
 
 The lower house of legislatun 
 accounts of .the state, n la I 
 expenditure of the r< 
 and adjust the 
 persons and direct -nit I 
 
 Secretarj of state as i 
 in annual examination an 
 counts until otherwise pr« 
 
 Legislature at each regulai 
 mittee known as audit ii 
 or oftener in it- di 
 auditor, state treasurer i 
 seat of government " v. 
 accounting for the state revenui 
 during i 
 employ one' or a 
 
 By (! rand Juty 
 
 \t least once a y< 
 
 of officers liaving chargi of pt 
 District court »i countj whi 
 appoint comn itt 
 
 - nut exceeding Ave 
 affairs of treasurer a! 
 
 Ihi (lor, rnor 
 ' Governor I 
 
 dienl under oath, Btat< tn 
 
 on all matter- pertail
 
 1354 State Constitutions 
 
 STATE FINANCES [Cont'd) 
 Accounts (Cont'd) 
 
 Audit and Examination (Cont'd) 
 By Governor (Cont'd) 
 
 review his books and accounts. Legislature may provide 
 for suspension and appointment of successor. (Cia. V 
 
 Sec. I 18.) 
 
 Governor to examine semi-annually (or oftener if deemed 
 
 expedient ) under oath state treasurer and comptroller 
 
 on all matters pertaining to their offices and inspect and 
 
 review their bank and other account books. (Md. II 18.) 
 
 Governor, without notice to treasurer, to go to treasury and 
 
 verify cash balances treasurer's books. (Miss. V 137.) 
 Governor to inspect books, vouchers and public funds of 
 officers of executive department and ol officers and man- 
 agers of state institutions. (Tex. IV 24.) 
 Governor may inspect at any time official books, accounts 
 and vouchers of officers of executive departments and 
 superintendents of state institutions and ascertain con- 
 dition of public funds in their charge and in that connec- 
 tion may employ accountants. ( Va. V 74.) 
 By State A uditor 
 
 State auditor to be auditor of public accounts and per- 
 form dutie- required by law. (Utah VII 17: Wash. Ill 20.) 
 By Secretary of, State 
 
 Secretary of state to be ex-officio auditor of public accounts. 
 
 (Ore. VI 2.) 
 Secretary of state to be ex-offioio auditor of until otherwise 
 
 provided by law. (X.J. VIII 1.) 
 Secretary of state to be ex-officio auditor. (Wis. VI 2.) 
 By Comptroller 
 
 " Comptroller of public accounts to be ex-officio one of audi- 
 tors of treasurer's accounts and to adjust and settle all 
 public accounts and demands except grants and orders 
 of the" legislature. Legislature may prescribe manner of 
 performance of his duties. (Conn. IV 19.) 
 Comptroller to " examine, audit, adjust and settle the ac- 
 counts of all officers of the state". (Fla. IV 2.3.) 
 Treasurer to render quarterly accounts to comptroller and 
 at all times submit to comptroller "the inspection of the 
 money in his hands". (Md. VI 4.) 
 By Stale Examiner 
 
 State examiner to examine books and accounts of such public 
 officers, perform such duties and have such powers as 
 prescribed by law. (Ariz. XXII 18.) 
 State examiner appointed by governor to examine the ac- 
 counts of state "treasurer, supreme court clerks, district 
 court clerks, and all county treasurers, and treasurers of 
 such other institutions as the law may require and per- 
 form other required duties. (Mont. VIT 8; Wvo. IV 14.)
 
 Index Dig] 
 
 STATE FINANCES (Cont'd) 
 Accounts (Cont'd) 
 
 Audit and Examination i ( 
 By State Examiner c 
 State examiner and i 
 three y< :perienc< 
 
 without notice to 
 "ii hand or in banl 
 twice earl, year. For pur] 
 take complete possession 
 
 Report of .1 uditing .1 -;■ 
 
 Result of monthly invi 
 
 and auditor of public account ■ 
 and published semi-annually in t .. 
 to transmit reports t ■ 
 session, " for scrutiny and apprupi 
 Governor to publish fai - 
 on treasui 
 
 books i- actually in trei 
 had notice thai the verifl 
 
 Auditor of public accounts I 
 full and complete reporl sho\ 
 before December 31sl of each 
 
 Grand jury to report in writing 
 acts of officers having 
 
 State examiner to report at li 
 designated by legislature ; 
 he audits. (Mont. VII B; Wyo [\ 
 
 Suite examiner and in- ; 
 and county treasu 
 
 Treasurer's account- to be 
 tliereof" laid before legislal 
 
 Legislative commit ; 
 and accounts of au Li 
 cers at seat of gi 
 by him submitted to legisl 
 and to be published in two n< 
 
 Public Inspection 
 
 All public accounts and the audi! I 
 
 open to inspection. (Mich. 
 Annual account and - ' 
 
 received or d,isbui 
 
 of people at SUCh eonv. 

 
 1356 State .Coxsti'ittions 
 
 STATE INSTITUTIONS 
 
 Charitable, bee Charities. 
 Educational, Hee Education. 
 Penal, Hee Penal Institutions. 
 Accounts 
 
 For audit and system of accounts, Hee State Finances — Accounts. 
 
 Boards of public institutions to render in writing, when required by 
 
 governor, itemized accounts of receipts and expenditures, as part 
 
 of report. (S.C. IV 14.) 
 Officers of public institutions of state to keep account of moneys 
 received and make report thereof to governor under oath, annually 
 and at such other times as governor may require. (N.M. V 9.) 
 Officers to keep account of all moneys received or disbursed from all 
 sources and for every service performed; semi-annual report 
 thereof to governor under oath; making false report to be perjury. 
 (111. V 20; Nebr. V 21; W.Va. VII 17.) 
 Officers to keep accounts of moneys received from all sources and for 
 every service performed and of all moneys disbursed by them; semi- 
 annual report thereof to governor under oath. (Colo. IV 16; 
 
 Ida. IV 17; Mont. VII 19.) 
 Officers and managers to keep accounts of all moneys and choses in 
 action received and disbursed or otherwise disposed of by them 
 from all sources and for every service performed; semi-annual 
 report thereof to governor under bath. Person making false report 
 to be guilty of perjury and removed from office. (Tex. IV 24.) 
 Legislature to provide for keeping of, by all state institutions, and 
 for report to proper authority. (Mich. X 18.) 
 Administrative Authority 
 
 Board of Commissioners of State Institution's composed of governor 
 and administrative officers of executive department; to have super- 
 vision of all matters connected with such institutions in manner 
 
 prescribed by law. (Fla. IV 17.) 
 Trustees now elected by legislature and trustees of institutions here- 
 after created, to be appointed by governor with advice and consent 
 of senate; questions to be taken by yeas and nays and entered on 
 journal; vacancies filled by governor till next session of legislature 
 and until successor qualified. (Ohio VII 2.) 
 Boards now r>r hereafter established by law, legislature may authorize 
 to hold office for six years; one-third elected or appointed every 
 two years as legislature may provide, and vacancies filled as pre- 
 scribed by law. (Tex. XVI 30a.) 
 Regents, trustees or commissioners of state institutions for public 
 good to be appointed by governor with advice and consent of 
 
 senate. (Wash. XIII 1.) 
 Boards of control as prescribed by law for institutions established 
 by legislature for public good. (Utah XIX 2.) 
 Bonds for, See State Debt — Purtose — Public Buildings. 
 Establishment and Support 
 
 Institutions required for public good to be established and supported 
 by state in manner prescribed by law. (Ariz. XXII 15; Colo. VIII 
 1: Mont, X 1; Okla. XXI 1; Utah XIX 2.)
 
 1 Mil \ 1 In. I - I 
 
 STATE INSTITUTIONS (Coni 
 
 Establishment and Sttppori (Cont'd) 
 
 Institutions required for pul 
 
 by state, subjed to regul tl 
 Institutions required for publii 
 
 by state in maimer pri 
 
 reasons may cause removal to ru 
 Legislature not to locate institul 
 
 constitution, except uridi i 
 
 All public institutions not loi 
 
 190'7, to be located in count} i 
 wise provided fey law ratified by 
 
 by a majority of votes cast on question 
 Various state institutions ! 
 
 granted it by United States urn 
 
 ISS'9, to be disposed of and us 
 
 limitations of article on school and public 
 
 tion of similar character to be establ 
 
 revision of constitution. (X.I). X I x - 
 
 Gbants to 
 
 See Public Lands — Trusts in. 
 See Public Property — Tki sis. 
 
 Investigation 
 
 Governor may, at any time', a]. point coi 
 report to him upon condition of any - 
 
 F it. vii • n 
 
 Reports 
 
 Legislature to make provision concerning annu 
 5 of. 
 
 Officers to report to governor at least 10 days pn 
 
 se-sion of the legislature; transmit., 
 
 (Ill V21; Kan. I 16; Nebr. V 22; W.Va. M 
 
 Same;' 20 days. (Colo. IV IT ; Ida. IV IT: Mont. VD I 
 
 Same; 30 days. (N>M. V 9.) 
 
 Hoards of public institutions to report ... 
 ing to concerns of institution, when re 
 
 i ,„^r.rf» =-. writii 
 Officers and managers to make re 
 
 to condition, management , 
 
 ■ . i(\A„ IV 8; M' IV 8; ni \ 
 Same; oath required. (Colo. l\ 
 
 Same; oath required; | 
 
 p^-ury- 'and removed from offic
 
 l."jr»8 State Constitutions 
 
 STATE INSTITUTIONS (Cont'd) 
 
 Reports (Cont'd) 
 
 Officers of state institutions, penal, eleemosynary, educational and 
 industrial, to report in writing on subject relating to office when 
 required by governor; making false report to be punished as pre- 
 scribed by law. (Okla. VI 33.) 
 Officers and managers to make reports in writing under oath, on 
 subject relating to condition, management and expenses of office 
 and institution, when required by governor; failure to report or 
 making false report is impeachable offense. (Ala. V 121.) 
 Officers and managers to make reports in writing under oath, on 
 subject relating to condition, management, and expenses of office, 
 when required by governor or by either house of legislature. 
 
 (Nebr. V 22.) 
 Financial reports, See also above, this title, Accounts. 
 Officers to report to governor at least five days before each regular 
 session of legislature. Governor transmit-; reports with message. 
 
 (N.C. Ill 7; Ohio III 20.) 
 Territorial Institution 
 
 Institutions of territory to become institutions of state upon adoption 
 of constitution. (Ida. X 4; Utah XIX 1.) 
 STATE LIBRARY, See Libraries. 
 STATE PAPER 
 
 Legislature not to establish. (Mich. V 35.) 
 STATE PRINTING, See Public Printing. 
 STATE, SUITS AGAINST, See Suits Against State. 
 STATE TREASURER, See Treasurer. 
 STATE'S ATTORNEY, See Prosecuting Attorneys. 
 STATISTICS 
 
 Census, See Census. 
 
 Legislature may provide for establishment of Board of Health and Vital 
 
 Statistics. (Tex. XVI 32.) 
 Bureau of Vital Statistics to be established in connection with State 
 
 Board of Health with powers prescribed by law. (Wash. XX 1.) 
 Legislature to establish Department of Agriculture, Immigration and Sta- 
 tistics, under such regulations as may best promote agricultural interests 
 
 of state. (.N.C; III 17.) 
 
 Bureau of statistics, agriculture and immigration to be established in 
 
 office of secretary of state under regulations prescribed by law. (Wash. 
 
 II 34.) 
 Bureau of Immigration, Labor and Statistics established under charge of 
 commissioner appointed by governor with consent of senate to hold 
 office for two years and until successor qualified, unless sooner removed. 
 To collect information on subject of labor and report in writing to 
 governor containing recommendations (1). To perform duties and 
 receive compensation prescribed by law (S). (Ida. XIII 1, 8.) 
 Legislature may establish Bureau of Labor and Statistics under regula- 
 tions to be prescribed by law. (Va. V 86.) 
 Bureau of Industrial Statistics to be in department of secretary of in- 
 ternal affairs. (Pa. IV 19.)
 
 Index Dioj 
 
 STATISTICS (Cont'd) 
 
 Bureau of, may be established in 
 
 lations to be prescribed by 1. 
 Legislature may provide for 
 
 tistica and history, term of office, duti< 
 
 Commissioner of Agriculture, Lab 
 STATUTES OF LIMITATIONS, , 
 STEAMSHIP COMPANIES 
 
 For provisions relating to nil emu mm' 
 For provisions relating to oil tray 
 
 tion Companies. 
 For provisions relating to «\i pu\ 
 
 Service Corporations 
 For provisions relating to all 
 Appeals from rates, classifications, ordei 
 
 to civil courts provided for. if] 
 Corporate powers and privileges issued and 
 
 panies by secretary of state, as prescribed bj 
 
 named by law if he is disqualified. (Qa. li 
 Free service or reduced rates not forbid 
 
 ments. charities, fairs, destitute or in 
 
 ho; 
 
 Penalty for unlawful rates or violating ordi 
 
 Provision made in detail for organiastioi 
 on compliance with enumerated proi 
 duct of business, etc., shall be exempt in- 
 state and local, general and spe« 
 levee dues, for 15 years. (La. 230.) 
 
 Rates controlled by railroad commission; 
 longer distance only with permission i 
 
 Rates lived by railroad commission remain i. 
 penalty parable state for each day susti 
 
 RigM of eminent domain granted a 
 
 plant to build and repair 
 Taxation. See TAXATION - SUMPTIONS - 
 STREET RAILROADS 
 
 For provisions relating to all ra 
 For provisions relating to all I 
 
 ppbtatton Companies. uuk»*. 
 
 Fo r provisions reUt^ng to all , 
 For provisions relating to all 
 
 SERVKl I oRPORATTONS. 
 
 For provisions relating to all 
 
 Declared to be public uti.it,. 
 
 which mav fix rates, when , 
 
 May carry policemen and firemen ' '« 

 
 i:5(iO State Constitutions 
 
 STREET RAILROADS (Cont'd) 
 
 Fellow-servant doctrine abolished as to any servants of common master; 
 
 act applies to receivers. (Okla. IX 36.) 
 No street passenger railroad may be authorized to be constructed in 
 
 incorporated town or city by local or special law. (La. 48.) 
 Legislature not to grant by local or special law right to lay down 
 
 tracks except as prescribed by general law. (Miss. IV 90.) 
 Contract or agreement by ordinance with municipalities as to com- 
 pensation for use of streets or alleys not annulled or interfered with 
 by certain taxation provisions of constitution. (Va. XIII 177.) 
 Legislature not to pass law granting right to construct and operate 
 street railroad on any public highway without necessity first acquir- 
 ing the consent of local authorities having control of such highway; 
 and franchises so granted not to be transferred without similar assent. 
 
 (Mo. XII 20.) 
 No law to be passed by legislature granting right to construct and 
 operate street railroads, without first obtaining consent of local au- 
 thorities in control of streets or public places proposed to be occupied 
 for any such or like purposes. (S.C. VIII 8.) 
 For consent of city, municipality, toicn, or village to construction and 
 operation, See the subhead Public Utilities under the specific title. 
 Taxation 
 
 See Taxation — Objects and Kinds op Taxation — Cobpobattons. 
 See Taxation — Object's and Kinds of Taxation — Public Utili- 
 ties. 
 STREETS, See Roads, and references there given. 
 
 SUBDIVISIONS OF STATE, See Municipalities. 
 
 SUCCESSION, See Decedents' Estates. 
 
 SUICIDES 
 
 Estates of shall descend as in cases of natural death. (Colo. II 9; Del. 
 I 15; Ky. 21; Mo. II 13; N.H. II 88; Pa. I 19; Tenn. I 12; Tex. I 21; 
 Vt. II 61.) 
 
 SUITS AGAINST STATE 
 
 For filing and audit of claims against state, See State Finances. 
 Limitation of actions, See Courts — Limitation of Actions. 
 State never to be made defendant in any of its courts. <Ark. V 20.) 
 State never to be made defendant in any court of law or equity. (Ala. 
 
 I 14; 111. IV 26; W.Va. VI 35.) 
 May be brought according to regulations made by law. (Del. I 9.) 
 Suits may be brought against state in such manner and in such courts 
 
 as prescribed by law. (Cal. XX 6; Ohio I 16; Ttenn. I 17; Wyo. I 8.) 
 Same; adds "and in such cases". (N.D. I 22; Pa. I 11.) 
 iState may sue and be sued, and legislature to provide by law in what 
 
 manner and in what courts suits shall be brought. (Xebr. VI 22.) 
 Legislature shall direct by law in what manner and in what courts 
 
 suits may be brought against state. (Ariz. IV Pt. II 18; S.D. Ill 
 
 27; Wash. II 26; Wis. TV 27.) 
 Same; "may" instead of "shall". (Ky. 231.)
 
 
 SUITS AGAINST STATE (Cont'd) 
 Legislature may provide bj !.,,. , 
 
 may be established 
 Provision may be made b 
 
 as to all liabilities originate 
 
 Provision may h, made b 
 as to all liabilities nov 
 
 Provision may be made 1';. 
 as to all liabilities originatin 
 of constitution ; hut no special 
 or making compensation to : 
 
 Same; omits "or existing at tunc of" I 
 Highest court to have original jurisdict 
 
 decisions to he merely recommei 
 
 execution to issue thereon, hut to be i • 
 
 legislature for action. (Ida. V II 
 Whenever legislature author i 
 
 in act that suit lie instituted before di 
 
 citation be served on govern 
 
 court shall have appellate jurisdiction 
 
 involved, that only object of suit and 
 
 judicial interpretation of legal rig 
 
 legislature in making appropriations; t> 
 
 on plaintiff to show claim sin,! 1; 
 
 state incurred in strict conformity 
 
 tution of state or of United States md 
 
 that all these things shall 1 
 
 ment is recognized for any put; 
 Legislature not to pass law and governor 01 
 
 enter into contract or agreement wherel 
 
 suit in court of this state or of 1 in- 
 validity of bonds or obligations prono 
 
 lature and constitutional amend' 
 
 1877, or obligations created by stal 
 
 war between states, or boi 
 
 into during existence of such war. time 
 
 fixed after ratification of tr< 
 State officers or members of legislatui 
 
 as counsel, agent or attorney in pr« 
 
 SUPERIOR COURTS, See Courts — < 
 
 SUPPLIES FOR STATE, See Public 
 
 SUPREME COURTS 
 
 See Cot rts — Highest Coi rt. 
 
 See Courts — General Tri.u- CotJBl
 
 1362 State Constitutions 
 
 SURETY COMPANIES 
 
 For provisions relating to all corporations, See CORPORATIONS. 
 
 Duly organized and responsible foreign or domestic companies, lawfully 
 
 doing business in state, may be sureties on bonds of state, county 
 
 and municipal officers. (Fla. XVI 13.) 
 
 Where organized for purpose and authorized to do business in state, 
 
 may be sureties on bonds of state, county and municipal officers. 
 
 (Ark. XIX 21.) 
 SURROGATES, See Courts — Probate Courts. 
 SURVEYOR-GENERAL 
 
 Under this heading arc digested those provisions which specifically refer 
 to this officer. For provisions relating to all officers and hence to 
 this one, See the title Public Officers. 
 Abolition of Office 
 
 In discretion of legislature. (Cal. V 19.) 
 Clerical Assistants 
 
 No salary for clerical service to exceed $1,S00 for each clerk. (Cal. 
 
 V 19.) 
 Compensation 
 
 $5,000 to be in full for all services rendered in official capacity or 
 
 employment during term of office. (Cal. V 19.) 
 Paid quarterly out of state treasury. (Nev. XVII 5.) 
 Increase or decrease prohibited during term for which elected; 
 legislature may diminish compensation, but shall not have power 
 to increase above sum fixed in constitution. (Cal. V 19.) 
 Fees or perquisites for performance of any official duty not to be 
 
 received to own use. (Cal. V 19.) 
 Fees or perquisites for performance of duty connected with office 
 or for performance of additional duty imposed by law not to be 
 received to own use. (New XVII 5.) 
 Election 
 
 At same time and places and in same manner as governor. (Cal. 
 
 V 17; Nev. V 19.) 
 Impeachment 
 
 For misdemeanor in office. (Cal. IV 18.) 
 Powers and Duties 
 
 As prescribed by law. (Nev. V 22.) 
 
 To be exercised and performed by secretary of internal affairs, sub- 
 ject to such changes as shall be made by law. (Pa. IV 19.) 
 Qualifications 
 
 \ny elector eligible. (Nev. V 19.) 
 
 Not to hold office of governor, lieutenant-governor, justice of high- 
 est court, treasurer, member of legislature or sheriff. (Vt, 
 
 Term of Office TI 5 °' ) 
 
 Same as that of governor. (Cal. V 17; Nev. V 19-.) 
 
 TAXATION 
 
 Power to Tax 
 
 Under this subhead arc digested only those provisions which relate 
 lo the power of taxation in general. For provisions relating spe- 
 cifically to any form or ohject of taxation, See the specific subhead.
 
 1 M . !• \ Dl( 
 
 TAXATION (Cont'd) 
 
 Power to Tax [Cont'd) 
 In General 
 
 ■• The state's ancient right oi 
 
 Declared " sovereign right, inalienal 
 of tin- state and rightfully bel ■ 
 lican governments ". Neithei 
 
 ablished by consl ii ul ion to " ii 
 or restrain this right ". I 
 to the contrar void. Right 
 
 under complete control of and i 
 standing anj giftj grant 
 
 •• Paupers ought not to b< 
 government; but everj person in the 
 property therein, ought to roi 
 lie taxi's fur tlic suppoi i 
 actual « orth in real or pei sonal pn • 
 in- taxes maj properly and justlj 
 political view from the good 
 community." (Md. Bill of R 
 
 Speciflcat ion of subjects and i 
 legislature of power to ts 
 sistfiit with principles of i 
 
 Persons residing on Indian lands within it 
 
 •• Public charges of government or anj 
 
 raised by taxation." (N.H. II I 
 •• The burdens of the stati • ughl to 1 
 
 Lew of taxes to be under general I 
 1; da. VII Sec. Ill; [da. VII 5; K 
 Ml 1.1; Okla. X lh Pa. 1\ I 
 
 Special or local legislation " to anile 
 
 Manner, method and mode of levj 
 
 N"o tax to be levied except in 
 \,-k \VI 11; Fla. IX 3; K u 
 5- Ore. IX 3; S.C. 
 
 
 Taxea i„ force when th 
 in same mannei and 
 b 3 statute. (N.D. \l 
 Consent of People or Representat. 
 X,, tax or iluiv to be imposed wit! 
 
 representative- in I 
 
 1
 
 DJU-i State Constitutions 
 
 TAXATION (Cont'd) 
 
 Power to Tax (Cont'd) 
 
 Consent of People or Representatives (Cont'd) 
 
 People ought not to be taxed or subject to pay any " impost or 
 duty" without consent of themselves or their representatives 
 
 in legislature. (X.C. I 23.) 
 " No aid, charge, tax, burthen or fees ought to be rated, or 
 levied, under any pretense, without the consent of the legis- 
 lature." (Md. Bill of Rights XIV.) 
 •' No subsidy, charge, tax, impost or duties ought to be estab- 
 lished, fixed, laid or levied under any pretext whatsoever 
 without the consent of the people or their representatives in 
 the legislature." (Mass. Pt, I 23; S.C. I 7.) 
 No tax, subsidy, charge, impost or duty to be established, fixed, 
 laid or levied without consent of people or their representa- 
 tives in legislature or authority derived from legislature. 
 
 (N.H. I 28.) 
 Limitations Upon 
 In General 
 
 " Duplicate taxation of property for the same purpose dur- 
 ing the same year" prohibited. (Ida. VII 5.) 
 Laws " taxing retrospectively sales, purchases or other acts 
 previously done'' ought not to be passed. (X.C. I 32.) 
 
 Purpose 
 
 To be levied and collected for public purposes only. (Ariz. 
 IX 1; Ky. 171; N.D. XI 176; Mo. X 3; Mont. XII 11; 
 
 S.D. XI 2; Tex. VIII 3.) 
 
 To "be levied and collected for public purposes". (Minn. 
 
 IX 1.) 
 
 To be levied for public purposes only, except that taxes 
 may be levied when necessary to carry out provisions of 
 constitution authorizing state to engage in occupation or 
 business for public purposes. (Okla. X 14.) 
 
 Before law to raise tax is passed its purpose " ought to 
 appear evident to the legislature to be of more service 
 to community than the money would be if not collected ". 
 
 (Vt. Chap. 1 Art. IX.) 
 
 Taxing power to be exercised only to maintain state govern- 
 ment and institutions, to educate children of state, to pre- 
 serve public health, to pay principal and interest of pub- 
 lic debt, tosuppress insurrection, repel invasion or defend 
 state in time of war, to provide pensions for Confederate 
 veterans and their widows, to establish monuments on 
 battlefields of Civil war. to maintain memorial hall for 
 preserving relics of Civil war, ami for levee purposes as 
 provided in the constitution. (La. 227.) 
 
 Xo tax to be. laid for aid to church, private or sectarian 
 
 school. (Ariz. IX 10.)
 
 1 NM'.X I )|. 
 
 TAXATION (Cont'i 
 
 Power to Tax i Confd) 
 
 Limitations Upon i ( or 
 Purpose | < urn 
 No person to 
 repairing plai e 
 
 No person to be com] 
 rates for construction | 
 
 No person to be i omp 
 rates " for support "i m 
 
 ■ 
 
 Legislal ure uo1 to aul I 
 and district to h \ j on 1 1 
 erection or repair of hi 
 port of anj church or mil 
 
 No tax to be laid 
 
 Right of eminenl '1 ain 
 
 taxation or forced Bub 
 
 or any other kind of coi ; 
 
 or for the benefit of am indh 
 
 Not to he levied for the bei 
 of state n«,r for paying in 
 
 ■ 
 
 Not to lie levied for paying 
 counties or by corporation 
 
 Not to he levied f. 
 
 Special or local legislation " nuth 
 
 a private purpo 
 Application of Proceeds 
 
 Limited to ohje.-t 
 
 Kan. XI 1: N.C. \ 7: N".D. "■ "- 
 
 Limited to pur, ted in 1 
 
 Limited to pui 
 >:,, tax levied and colli 
 to another pvu ; 
 Surrender of, Forbidden 
 
 " The power of taxation -lull ' 
 
 or contracted awa; 
 "Legislature shall never in 
 power of taxation." I Me. 

 
 1366 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Power to Tax (Cont'd) 
 
 Surrender of, Forbidden (Cont'd) 
 
 Not to be surrendered or suspended by any grant or contract to 
 
 which stale is party. (Cal. XIII 6.) 
 Not to be surrendered or suspended by any grant or contract to 
 which state or county or other municipal corporation is party. 
 
 (N.U. XI 17S; Wyo. XV 14.) 
 
 Not to be surrendered or suspended by any grant or contract to 
 
 which state or any municipal corporation is party. (Mich. 
 
 X 9.) 
 Power to tax corporations or corporate property not to be sur- 
 rendered or suspended by any contract or grant to which the 
 state is party. (Ark. XVI 7; Ga. VII Sec. II 5; Ky. 175; 
 Mich. X 9; Pa. IX 3; 8.D. XI 3, 13; Tex. VIII 4;' Wash. 
 
 VII 4.) 
 Power to tax corporations and their property never to be sur- 
 rendered or abridged by any contract or grant to which state 
 is party; but this subject to exception in favor of manufactur- 
 ing and public utility enterprises. (Miss. VII 1S2.) 
 Power to tax corporations or their property, real and personal, 
 never to be relinquished or suspended. (Colo. X 9: Ida. VII 
 
 S; Mont. XII 7.) 
 Power to tax corporations or corporate property not to be sur- 
 rendered or suspended by act of legislature. (La. 228; Mo. 
 
 X 2; Tex. VIII 4.) 
 No general or special law to surrender or suspend right and 
 power of state or any political subdivision thereof to tax cor- 
 porations and corporate property except as authorized by 
 article on taxation. (Va. IV 64.) 
 Right to tax property of Illinois Central Railroad in accordance 
 with charter of February 10. 1S51, not to be released, sus- 
 pended, modified, altered, remitted or in any way diminished 
 or impaired by legislative or other authority. (111. Amend. 
 
 '. „ ..•-. 1870 — 111. Central Railroad.) 
 
 Delegation of, Forbidden 
 
 Legislature not to delegate taxing power to individuals, private 
 corporations or associations. (Ala. XI 212.) 
 
 Legislature not to delegate taxing power to any special commis- 
 sion, private corporation or association. (Mont. V 36.) 
 Investigation 
 
 State corporation commission may be charged with " investiga- 
 tion of the subject of taxation generally ", and to recommend 
 in annual report to governor such new or additional legisla- 
 tion in reference to the subject of taxation as it deems expedi- 
 ent or as required by law. (Okla. IX 19, 25.) 
 Law Authorizing 
 Contents 
 
 Every law imposing, continuing or reviving tax to distinctly state 
 the tax, and not sufficient to refer to any other law to fix the 
 tax. (Ariz. IX 9; Iowa VII 7; Mich. X 6; N.Y. TTI 24.)
 
 I .\ I I I 
 
 TAXATION {Cont'd) 
 
 Law An hobizing (Cont'd) 
 Contents (Cont'd) 
 
 Every law imposing, rontinuii 
 state tax, and no law 
 requires reference to ai 
 
 Laws imposing, continuiuj 
 objects for which ii 9 hall 
 refer to any other law to fix ■ 
 VII 7; Mich. X 6; VY. Ill 
 
 Law authorizing tax to si 
 
 Law imposing tax to state d 
 
 Ark. XVI 11; Kan. XI 
 
 w 
 Law levying to state distinctly its pur| 
 
 Every aet of legislatur ordina 
 
 municipal board or local 
 speeify distinctlj pur pi 
 
 Procedure on Passage 
 
 No tax to he laid excepl to 
 
 debts of stair, for defi a; ing i.< 
 to sustain common -■ In ola 
 insurrection except bj 
 
 No bill " providing foi 
 
 become law excepl bj v. be of thr< 
 house pro. 'in and voting. 
 
 Law authorizing tax or allowing 
 impose tax must 1"- read "tin- • 
 " three several readings " on three diffi 
 by each house and \ eas and n 
 entered on journals. iX.C. II 
 
 On final passage in either I 
 
 or reviving a tax question t>> h 
 entered on journal-: and tin. • 
 either house required for qu i urn. 
 
 No bill which imposi -. continui 
 excepl h.\ affirmative vote of i 
 to each house; 
 against entered on :V 
 
 Two-thirds of memb 
 
 On passage any law im] 
 question shall I 
 and tine, tilth- of membei 
 required for quorum. [Wis. VIII
 
 1368 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Law Authorizing (Cont'd) 
 Referendum 
 
 For referendum on bills levyiny taxes, See Initiative and Ref- 
 erendum. 
 
 Legislature to provide by special laws fur elections for imposition 
 
 of special taxes. (La. 212.) 
 
 Legislature not to declare emergency in bills regulating taxa- 
 tion. (Ore. IX la.) 
 
 Election on levying special tax excepted from provision that no 
 property qualification shall be required for any person to vote 
 
 at elections. (Utah IV 7.) 
 Objects and Kinds of Taxation 
 Banks and Banking 
 
 See also below, this subdivision, Stocks and Bonds. 
 
 The moneyed capital, reserve, surplus, undivided profits and 
 other property of unincorporated banks or bankers, or held 
 by any bank located in this state which has no shares of 
 capital stock, or employed in this state by any branch or 
 agent of banks doing business outside of this state, shall be 
 assessed and taxed to such banks or bankers by board of 
 equalization in same manner and at same rate as provided by 
 constitution as to shares of stock of incorporated banks; value 
 to be determined by taking entire property invested in busi- 
 ness together with reserve, surplus and undivided profits at 
 full cash value and deducting assessed value of real estate 
 other than mortgage interests therein owned by bank and 
 taxed for county purposes. Such taxes shall be in lieu of all 
 other taxes and licenses, state, county and municipal, upon 
 such property except county and municipal taxes on real 
 estate and except as otherwise provided in this section of the 
 constitution. The word " banks " includes banking associa- 
 tions, savings and loan societies and trust companies, but not 
 building and loan associations. (Cal. XIII 14 c.) 
 
 Legislature to provide for taxing " notes and bills discounted 
 or purchased, moneys loaned and other property, effects or 
 dues of every description (without deduction), of all banks 
 now existing or hereafter to be created, and of* all bankers; 
 so that all property employed in banking shall always bear 
 a burden of taxation equal to that imposed upon the prop- 
 erty of individuals ". (Kan. XI 2.) 
 
 All banks, banking associations, corporations or companies doing 
 business in state but domiciled elsewhere, who in own name or 
 through agents engage in state in business of loaning money 
 or dealing in bills of exchange exclusively, to pay yearly 
 license tax of $250 to state, and like tax to municipal or 
 parochial corporation, and in addition to pay to state, annual 
 tax 2 1 /' per cent, on gross interest earned on all money 
 loaned, and like tax to municipal or parochial corporation, 
 and to be subject to no other or further taxation by state 
 or any political subdivision. (La. Amend. Act 31 of 1014.)
 
 Im-i.x Dig 
 
 rAXATION [Cont'd) 
 Objects and Kinds i 
 
 Banks and Banking | ( 
 Legislature may maki 
 
 and banking capital. Real | 
 
 Legislature to tax n 
 moneys loaned and all other pro] 
 description, of all banka and 
 employed in banking -hall i„ 
 that imposed on propertj ol indh 
 
 Bonds, See below, this subdii i. 
 
 Building and Loan Associations 
 Legislature may impose privj 
 taxes except on their real • 
 
 Capitation Taxes, See below, t\ 
 
 Corporations 
 
 See also below, this subdii 
 Revenue Taxes ", " i 
 "Privilege Taxes". For pro 
 various kinds of corporaU 
 division, tin' specific kiwi ■ 
 Taxes upon railroads (including 
 ated in one or more countii 
 companies operating upon railroads in I hi 
 graph, telephone, gas, I 
 banking associations, savii 
 panies, and franchises of all kinds shah 
 state purposes. Word "companies" u 
 ships, joint stock associations, comp 
 (For further detaiU d / 
 subdivision, " Banks ". and <>■ /• 
 chises ", "Insurance", " Publn i hliti 
 and Bonds".) The provisions of lb 
 executing and the legislature shall pa 
 carry it into effecl and shall pr<>\ i<le I 
 nient and prescribe the di 
 and other officers in connection « 
 rates of taxation fixed in this 
 until changed by legislature b 
 elected to each house, th 
 Monday in March of ea< b I shall 
 
 able on firs! Mondaj in Julj tin 
 
 gross premiums shall I »n p 
 
 December prior to levj of tax, and 
 be fixed as of firs! Mondaj in 
 shall affect an> tas lei i : 
 all laws in relation
 
 1370 State Constitutions 
 
 TAXATION {Cont'd) 
 
 Objects and Kinds of Taxation (Cont'd) 
 Corporations (Cont'd) 
 
 tion shall remain in force until changed by legislature. Until 
 1918, the state shall reimburse any county sustaining loss of 
 revenue by withdrawal of railroad property from county taxa- 
 tion. The legislature shall provide for reimbursement from 
 general funds of any county to districts therein where loss is 
 occasioned by withdrawal from local taxation of property taxed 
 for state purposes only. No injunction shall ever issue to 
 prevent collection of any tax levied under this section, but 
 after payment action may be maintained in such manner as 
 may be provided by law to recover any tax illegally collected. 
 (Cal. XIII 14, 1st paragraph, f, g.) 
 Corporations, companies or associations organized or domiciled 
 out of state but doing business in state may be taxed by mode 
 different from that provided for home corporations or com- 
 panies, provided that said different mode of taxation shall be 
 equal and uniform as to all stub corporations, companies or 
 associations transacting same kind of business. (La. 242.) 
 Legislature at first session after adoption of constitution to pro- 
 vide for state and municipal taxation "upon the revenues 
 accruing from business done in the state by all foreign corpora- 
 tions ". (Md. Ill 58.) 
 Nothing contained in provisions respecting organization fees of 
 corporations or fees for increase of capital stock to prohibit 
 legislature levying further tax on corporate franchises. (Mo. 
 
 X 21.) 
 Franchises and licenses to do business in the state, gross earn- 
 ings and net income " to be considered in taxing corporations ". 
 
 (S.D. XI 2.) 
 Corporate Property 
 
 All corporations in state, or doing business therein, to be sub- 
 ject to taxation for state, county, school, municipal and other 
 purposes on all real and personal property owned or used by 
 them in territory of authority levying tax. (Colo. X 10; Ida. 
 
 VII 8.) 
 
 "The property of all corporations for pecuniary profit shall be 
 
 subject to taxation the same as that of individuals." (Iowa 
 
 VIII 2.) 
 All corporate property except that of corporations authorized 
 by legislature to construct canal across Florida peninsula to 
 be subject to taxation unless held and used exclusively for 
 religious, scientific municipal, educational, literary or chari- 
 table purposes. (Fla. XVI 16.) 
 Legislature may provide by law for levy anrl collection of taxes 
 
 on corporate property. (Midi. X 5.) 
 "The property of all private corporations for pecuniary gain 
 shall be taxed in the same wav and to the same extent as the
 
 I \ i . i \ ! 1 1 . 
 
 TAXATION [Cont 
 
 Objects a.\i> Kinds oi Taxai 
 Corporate Property (( 
 
 property of individuals ", bul 
 Provision for taxation 
 
 All corporations in state, oi do 
 
 to taxation for state 
 
 piu poses en real or personal prop* 
 
 and not exempted bj o 
 ••All real propertj and pi 
 
 persona] property in this stal 
 
 be subjecl to taxati 
 
 Properly of all corporations " -ha 
 tion " same as property of individual 
 
 Legislature to provide bj 
 
 corporate propertj " as neai e- 
 as are provided " for lev} Lug 
 
 Domestic Animals 
 
 Legislature may impose tax upon dom< 
 of other property. (Ga. VI] Sec. n 
 
 Legislature may provide for payn 
 \\>t't] I'm- breeding purposes 
 general law delegate i" counties, 
 nicipal corporations power in impi 
 
 Despite provision-; for taxing in 
 lature may impose per capita ta 
 
 as from nature and liuhit - 
 
 Donations, See below, this subdii 
 Excise Taxes 
 
 Legislature may provide for Ie\ •. 
 
 Legislature may pnn ide 
 
 Legislature may " impose 
 upon any produ 
 whatsoever brought into, pr< 
 
 within "' the -tale. 
 Expositions 
 
 Legislature maj ta* in 
 : : ,i unequal 
 
 Express Interests or Busi:> 
 Legislature max tax »f p 
 the class upon whiuh i( »|
 
 1372 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Objects and Kinds of Taxation (Confd) 
 Ferries 
 
 Legislature may tax in manner deemed proper despite prohibi- 
 tion of unequal tax rates on property of same species and 
 
 value. (Ark. XVI 5.) 
 Legislature may tax as provided- by general law uniform as to 
 the class upon which it operates. (111. IX 1; Nebr. IX 1.) 
 
 Forest Land 
 
 Legislature to have full power "to prescribe for wild or forest 
 lands such methods of taxation as will develop and conserve 
 the forest resources of the state". (Mass. Amend. XLI.) 
 
 Franchise Taxes 
 
 Legislature may provide for levy and collection of. (Ariz. IX 
 12; Ohio XII 10; Okla. X 12.) 
 
 Legislature may tax franchises. (N.C. V 3.) 
 
 Constitution not to be construed to prevent legislature from 
 providing tax based on. (Ky. 174; L'tah XIII 12.) 
 
 Franchises subject to taxation for •' public charges of govern- 
 ment ". (N.H. II 6.) 
 
 Legislature may tax by uniform and equal laws all privileges and 
 franchises of persons or corporations. (W.Va. X 1.) 
 
 Legislature may tax persons or corporations owning or using 
 franchises as provided by general law "uniform as to the 
 class upon which it operates". (111. IX 1.) 
 
 Legislature may provide by general laws only for payment of 
 license taxes on franchises and may by general law delegate 
 to counties, cities, towns and other municipalities, power to 
 impose and collect such taxes. (Ky. 181.) 
 
 Legislature to provide by general law for payment to state of 
 franchise tax by corporations organized under laws of state 
 to be in proportion to amount of capital stock. Strictly 
 benevolent, educational or religious corporations not to be 
 required to pay such tax. (Ala. XII 229.) 
 
 Legislature to provide by general law for payment to state of 
 franchise tax by foreign corporations based on actual amount 
 of capital employed in state. Strictly benevolent, educational 
 or religious corporations not to be required to pay such tax. 
 
 (Ala. XII 232.) 
 
 All franchises other than those provided for in this section shall 
 be assessed at actual cash value in manner provided by law 
 and shall be taxed at rate of 1 per cent, each year, which 
 tax shall be exclusively for benefit of the state. All such fran- 
 chises shall also be subject to taxation in manner provided 
 by law to pay principal and interest of any outstanding 
 bonded debt of any city, city and county, county, town, town- 
 ship or district at time of adoption of this section. Such 
 taxes shall be deducted from the total amount paid in ia>.es 
 for slate purposes. (Cal. XII] 14 d, e.)
 
 I.NLH \)m\ 
 
 TAXATION (Cont'd) 
 
 Objects and Kinds of I 
 Franchise Taxes t ' 
 
 Legislature niaj imp< 
 make sueh ba i in lieu 
 in pan 
 tions. When franchisi 
 
 llll.silH- 
 
 General Property Tax, S< i 
 Grain 
 
 Legislature may provide thi 
 held therein in eli ■. 
 
 taxed at fixed 1.1 ' ■ 
 Gross Revenue Taxes 
 S< e nlyn abovt . th 
 Legislature ma) provide 
 
 ■ 
 Income Taxes 
 
 S( e tiUo above, this subd 
 Legislature may provide for lev) 
 which ma \ or ma) doI be g 
 
 "Income taxes may be assessed I 
 
 corporations, joint stock 
 
 or doing business in thi 
 
 such eases and amounts, and in 
 
 prescribed by law." (Cal. Mil I 
 Constitution nol to be consl ru< 
 
 viding tax based on im omi 
 Legislature may tax income bill i 
 
 it is derived is taxed. (N.C. \ 
 Legislature may tax incomes. I 
 
 and applied to such inco 
 
 N,,i less than 50 pi i 
 
 township in which it original 
 Legislature may provide for gradi 
 
 Legislature may tax income d< 
 not taxed ad valon m. iTenn. II 
 
 Legislature may i 
 porationa other than munii ipaJ 
 
 Legislature may levy on Li 
 
 Legislature ma) lev) 
 "graduated and pi 
 may be provided ". (Wis. VIII 
 
 Indian Lands 
 
 Provisions of constitution 
 to prevenl -tale taxi-
 
 1-'!T4 State Constitutions 
 
 TAXATION [Cont'd) 
 
 Objects and Kinds of Taxation (Cont'd) 
 Indian Lands (Cont'd) 
 
 tribal relations and obtained from the United States or any 
 person by patent or grant title to such land. (Mont. Ord. 
 No. 1 (2); S.D. XXII (2), XXVI IS (2); Utah III (2); 
 
 Wash. XXVI (2).) 
 Exemption of property of United States not to preclude state 
 from taxing as other lands and property are taxed, lands and 
 other property outside reservation owned or held by Indians. 
 (Ariz. XX Fifth; N.M. XXI 2.) 
 Nothing in this article of constitution shall preclude state taxing 
 land owned by Indian who has severed tribal relations and has 
 received from United States or any person title to such lands. 
 (X.D. XVI 203 (2); Wyo. Ord. 3.) 
 
 Inheritance Taxes 
 
 Legislature may levy not more than 2 1 /; per cent, of value of 
 estates, real and personal, money, public and private, securi- 
 ties of every kind in state, passing by intestate laws or will 
 or other instrument effective after death of grantor to persons 
 or corporations in trust or otherwise other than to or for the 
 use of father, mother, husband, wife, brothers, sisters, children 
 or lineal descendants of grantor, devisor, donor, testator or 
 
 intestate. (Ala. XI 219.) 
 Legislature may provide for levying and collection of legacy and 
 succession taxes, graduated legacy and succession taxes, col- 
 lateral and direct inheritance taxes and graduated collateral 
 and direct inheritance taxes. (Ariz. IX 12; Okla. X 12.) 
 Legislature may levy, solely for support of public schools, tax 
 upon inheritances, legacies and donations, provided no direct 
 inheritance or donation to an ascendant or descendant below 
 $10,000 to be taxed, provided further no such tax to exceed 
 3 per cent, on direct inheritances and donations to ascendants 
 or descendants, or 10 per cent, on collateral inheritances or 
 donations to collaterals or strangers. Bequests to educational, 
 religious or charitable institutions to be exempt, and the tax- 
 not to be enforced when the property donated or inherited has 
 borne its just proportion of taxes prior to such time. (La. 
 
 235, 236.) 
 
 Property passing by will or inheritance subject to taxation for 
 
 • "public charges of government". (X.H. II 6.) 
 
 Legislature may provide for taxing right to receive and succeed 
 
 to estates. Collateral and direct inheritances may be taxed 
 
 at different rates. Tax may be uniform or so graduated as to 
 
 tax at higher rate right to receive estates of larger value than 
 
 that applied to small estates. Not less than 50 per cent, of 
 
 tax to be returned to city, village or township in which it 
 
 originated. (Ohio XTI 7, 0.)
 
 I M 1 1 A hi, 
 
 TAXATION [Cont'd) 
 
 Objects and Kinds cm i w . 
 Inheritance Taxes 1 1 
 " No inhei 
 against anj 
 benefit of anj institu 
 porate person Whose prop 
 
 hereinbefore men! i sd in 
 
 Insurance 
 
 Every insurance companj doing 
 pay to state a tax of l 
 received upon its busin 
 miums and reinsnranct 
 ness in.tliis state. Thi 
 am, unit of any county an 
 pany on real estate o\* ned by it in tl, 
 be in lieu of all othei 
 municipal taxes "ii real 
 tliis section provided, provided t! 
 arc imposed in am state or 
 state doing business therein in i 
 impose, 1 upon insurance compani 
 country, the legislature may imp< 
 prohibitions upon insuram 
 country doing business in 11 
 shall be subject to taxation as pn 
 pal and .interest of any outstanding I 
 city and county, county, town, township oi 
 of the adoption of this Bection. 
 ducted from total amount paid 
 
 Legislature may tax insurance it 
 
 manner as provided bj general 
 
 upon which ii operati -. (111. IN 
 Domestic insurance companies 
 
 tax in aggregate than requii 
 
 business in the state 
 
 their ad oalon 
 
 such foreign companies". (Miss. \H 
 Agreement to paj all I 
 
 condition of right of I 
 
 ness in state; refusal to ; 
 
 license to do business i 
 
 companies, including 
 
 annual tax of 2 pel 
 
 all cancellations 
 
 each local agent. These ■ 
 
 insuran nization 
 
 onlv their membei
 
 1376 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Objects and Kinds of Taxation {Cont'd) 
 Irrigation Systems 
 
 Ditches, canals, reservoirs, pipes and flumes owned and used 
 exclusively by individuals or corporations for irrigating their 
 own or their members' lands not to he separately taxed so 
 long as so owned and used. (Colo. X 3; Utah XIII 3.) 
 Legacy Taxes, See above, this subdivision. Inheritance Taxes. 
 License Taxes 
 
 See also above, this subdivision, Corporations. 
 
 Legislature not to enact law permitting any person, association 
 or corporation to pay privilege, license or other tax to state 
 and relieve him or it from the payment of all other privilege 
 or license taxes in the state. (Ala. XII 221.) 
 
 Legislature may provide for levy and collection of license taxes. 
 
 (Ariz. IX 12; Okla. X 12.) 
 
 Legislature may provide for levying tax on licenses. (Fla. 
 
 IX 5.) 
 
 Legislature may impose upon person or corporation (other than 
 municipal) doing business in this state. (Ida. VII 2.) 
 
 Legislature may provide by general laws only for payment of 
 license fees on franchises, stock used for breeding purposes 
 and trades, occupations and professions, and may by general 
 law delegate to counties, cities, towns and other municipal 
 corporations power to impose and collect such taxes. (Ky. 
 
 181.) 
 
 Constitution not to be construed to prevent legislature from 
 providing tax based on licenses. (Ky. 174; Utah XIII 12.) 
 
 Legislature may levy license tax which shall be graduated as 
 to persons pursuing trades, professions, vocations and callings. 
 All persons, associations and corporations pursuing any trade, 
 profession, business or calling may be made liable, except 
 clerks, laborers, clergymen, school teachers, those engaged in 
 mechanical, agricultural or horticultural pursuits and manu- 
 facturers other than of distilled alcoholic or malt liquors, 
 tobacco, cigars and cotton seed oil. As to those engaged in 
 severing natural resources from soil or water, tax may either 
 be graduated or fixed according to quality or value of product 
 at place where severed. Except as to dealers in distilled 
 alcoholic or malt liquors no political corporation to impose 
 greater license tax than is imposed by legislature for state 
 purposes. Legislature may provide that municipalities levy- 
 ing license tax equal in amount to those levied by police 
 juries for parochial purposes shall be exempt from payment 
 of such parochial license tax. (La. 229.) 
 
 Legislature may impose license tax on persons and corporations 
 doing business in the state. (Mont. XII 1.) 
 
 License or privilege tax imposed by cities or towns to be grad- 
 uated so as to secure just imposition of such tax on classes 
 subject thereto. (S.C. VIII 6.)
 
 I.M.l.X ll|, 
 
 TAXATION {Cont'd) 
 
 Objects and Kinds oi 1 W 
 License Taxes (Cont'd) 
 
 Legislature maj levj lie. 
 reached l.y " ad va h n m -. 
 Mines and Mining 
 
 Machinery an. I all propertj ... 
 appurtenant to mines which 
 pendent of such mines, an,] m 
 and mining claims to 1m | 
 
 Machinery and all propertj a.. 
 appurtenant to mines which hav< 
 
 pendent of such mines, and Del annual pn I .11 i 
 
 and mining claims to be taxed bj 
 
 Mines containing mineral deposit! 
 paid to United States by purchasers, uul< 
 and has independent value 
 
 such surface shall be taxed at it* 
 poses as provided bj law. (Mont. Ml 
 Wln-ii mines and mining claims in 
 alone shall he assessed and taxed; 
 shall lie assessed al nol less than - 
 labor has been actually performed on 
 during the year, in addition i" t . ■ Dn not 
 
 Legislature may tax production of • 
 
 mineral- 
 Products of mine- and mining claims 
 
 •\\U mines ami mining claims From which 
 precious metal, soda, >alim-. coal, mine] 
 able deposit is or may be produced, shall I 
 to the surface improvements ami in lit 
 lands, on i he gross product thereof as •■ 
 law. provided that the product of all mint 
 proportion to the value thereof." Wyo X \ 
 Moneys and Credits 
 
 Legislature to tax. (Ohio XII 2. 
 Legislature to ta\ by uniform rule. \ 
 
 Legislature to provide for taxing. S.D \l i 
 Occupation Taxes 
 In General 
 
 Legislature may provide for 
 various trades, occupations and ■ 
 laws only, and may bj general 1 
 cities, town- and other muni 
 and collect such taxes. [Ky. 
 
 44
 
 ]3T8 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Objects and Kinds op Taxation {Cont'd) 
 Occupation Taxes {Cont'd) 
 In General (Cont'd) 
 
 Legislature may tax trades and professions. (N.C. V 3.) 
 Legislature may provide for graduated license on occupa- 
 tions and business. (S.C. X 1.) 
 Legislature may impose occupation taxes both upon natural 
 persons and upon corporations other than municipal doing 
 business in state, except that persons engaged in mechan- 
 ical or agricultural pursuits shall not be required to pay 
 an occupation tax. Such tax levied by any county, city 
 or town shall not exceed one-half of tax levied by state 
 for same period on such profession or business. Such 
 taxes shall be equal and uniform upon same class of sub- 
 jects within limits of authority levying tax. (Tex. VIII 
 
 1, 2.) 
 
 Constitution not to be construed to prevent legislature from 
 
 providing tax based on occupations. (Utah XIII 12.) 
 
 Legislature may levy taxes on occupations; which taxes 
 
 may be " graduated and progressive ", and " reasonable 
 
 exemptions may be provided". (Wis. VIII 1.) 
 
 A uctiqneers 
 
 Legislature may tax as provided by general law uniform as 
 to the class upon which it operates. (111. IX 1; Nebr. 
 
 IX 1.) 
 Brokers 
 
 Legislature may tax as provided by general law uniform as 
 to the class upon which it operates. (111. IX 1; Nebr. 
 
 IX 1.) 
 Grocery Keepers 
 
 Legislature may tax as provided by general law uniform as 
 to the class upon which it operates. (111. IX 1.) 
 
 Hawkers 
 
 Legislature may tax in manner deemed proper despite pro- 
 hibition of unequal tax rates on property^ of same species 
 
 and value. (Ark. XVI 5.) 
 
 Legislature may tax as provided "by general law uniform as 
 
 to the class upon which it operates. (111. IX 1; Nebr. 
 
 IX 1.) 
 Innkeepers 
 
 Legislature may tax as provided by general law uniform as 
 to the class upon which it operates. (111. IX 1; Nebr. 
 
 IX 1.) 
 Jugglers 
 
 Legislature may tax as provided by general law uniform as 
 to the class upon which it operates. ( 111. IX 1 ; Nebr. 
 
 IX 1.)
 
 I-M-I \ I >|, 
 
 TAXATION (Cont'd) 
 
 Objects a.m. Kinds of Tas 
 Occupation Taxes [Cont'd) 
 lAquor l>< al< rs 
 
 islature may tas a- ,„ 
 to Hie class upon whh h 
 
 it 
 
 '/. rchants 
 
 Legislature maj tax a- provid< 
 
 t<> the class upon which ii .,|„ 
 Legislature may tax comn 
 
 general law uniform 
 
 Legislature may tax in such n 
 
 PeiJilh rs 
 
 Legislature may tax is: manner d( • 
 hibition of unequal tax rat< j on ] 
 
 Legislature may tax a- provided b; 
 to the class upon which it oj 
 
 Legislature may tax in such mam 
 
 ■ll! 
 
 Showmen 
 
 I egislature may tax a- provided bj . 
 
 to the class upon which it ■■; 
 
 Vendors of Pah nts 
 
 I.egi-Iat me may tax a- pro\ ided 
 to the class upon which it O] 
 
 Poll Taxes 
 
 -1 uthority </>"/ .1 mount 
 
 Tax to be $1.50 on each male inh i 
 '21 ami under 15 not exempt bj 
 cmist it in ion. Legislature may in 
 not more than 60. I Ala. \ 111 194. 
 LegislaJ are to provide annual ; 
 on every male inhabitant ovei 21 y< 
 
 Legislature shall provide foi 
 
 tion tax from every male 
 
 To be uniform through 
 Legislature may provide I 
 
 not to exceed $] a y< u 
 
 Not to exceed $1 annually. (Ga. VII Sec II 
 
 Legislature may impo» 
 
 \ II!
 
 ]380 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Objects and Kinds of Taxation (Cont'd) 
 Poll Taxes (Cont'd) 
 
 Authority and Amount (Cont'd) 
 
 Legislature may authorize counties, cities and towns to levy 
 
 not exceeding $1.50 poll tax. (Ky. ISO.) 
 Annual poll tax of $1 " is hereby imposed " on every male 
 resident between 21 and 00 years of age. Legislature 
 to levy annual poll tax of $1 on every male inhabitant 
 between 21 and 60 years of age. (La. 198, 231.) 
 "Public expenses shall be assessed on polls (and estates)." 
 
 (Me. IX 7.) 
 
 Legislature may tax " inhabitants of and persons resident " 
 
 in the state; to be proportional and reasonable. (Mass. 
 
 Pt. II Ch. I Sec. I 4.) 
 A uniform tax of $2 hereby imposed on every male inhabit- 
 ant of state between 21 and 60 except persons deaf and 
 dumb or blind or who are maimed by loss of hand or foot. 
 County supervisors may increase tax in their county but 
 entire poll tax not to exceed $3. (Miss. XII 243.) 
 Legislature to provide for payment of annual poll tax not 
 less than $2 nor more than $4 by each male resident 
 between 21 and 60, except uncivilized American Indians. 
 
 (Nev. II 7.) 
 Polls shall be subject to taxation for " public charges of 
 
 government". (N.H. II 6.) 
 Legislature to levy capitation tax equal to tax on property 
 of value of $300 in cash and not to exceed $2 for state 
 and county combined, on every male inhabitant over 
 21 and under 50. County commissioners may exempt 
 " in special cases on account of poverty and infirmity ". 
 
 (N.C. VI.) 
 
 Legislature may provide for levy, collection and disposition 
 
 of not more than $1.50 annual poll tax on every male 
 
 inhabitant of state over 21 and under 50, except paupers, 
 
 idiots, insane persons and Indians not taxed. (N.D. XI 
 
 180.) 
 Legislature may authorize levy and collection of poll tax 
 on all electors of state under 60, not to exceed $2 per 
 capitc. per annum. (Okla. X IS.) 
 Everv person, who if registered would be entitled to vote, 
 to be assessed by assessor of towns and cities in the sum 
 of $1 or so much as with their other taxes will amount 
 to $1. To be remitted for year in which military 
 duty is performed: also on application to be remitted to 
 any mariner for year spent at sea, or to any person who 
 by reason of extreme poverty is unable to pay. (R.I. 
 
 Amend. VII 2.) 
 Annual poll tax of $1 to be assessed on all taxable polls be- 
 tween ages of 21 and 60 excepting Confederate soldiers 
 above 50 years of age. (S.C. XI 6.)
 
 I Mn \ !>:■ 
 
 TAXATION (Cont'd) 
 
 Objects ami Kiptds 01 I'w ■• 
 Poll Taxes (Cont'd) 
 
 .1 uthority and I mount > I 
 Male citizens over 21, 
 infirmity, liable to not I. 
 $1 annual poll tax I 
 nol In levy poll ta\ i 
 
 state. Male ci1 izei j| to l- 
 
 poll taxes. (Tenn. 1 1 28, i\ 
 Legislature to levj 
 
 $1.50 per year mi ever) in. ill- i 
 21, except those pensioned bj 
 ahd may authorize boards ol 
 councils of cities and tow na to lev) in 
 exceeding $1 per annum t"i 
 years of age within theii 
 
 Legislature may lev) annual i 
 male inhabitant over 21 
 bodily infirmity may be exempted 
 
 Each county to le\ j annual taj 
 
 ages of 21 and 50. I Wyo. M 
 Purpose and Application of P 
 
 To be applied to support of public - 
 
 collected. ( M:c \l\ 25fl 
 For support of common Bchools. I \rk. \l\ 
 Limited to county in \\ hich i oll< 
 To go into school fund, and be appln 
 
 mon school purposes. Fla. VI 8; 1 
 Not to be levied except for educational | 
 
 into school fund. (Ga. VII Rec H I V 111 
 To be applied exclusively to th 
 
 schools in the parish in which colic i I 
 
 counted For and paid by coll« Hi 
 
 urer of local school board. 
 Limited to aid of common Bchi 
 To l"' applied to " education and Biipp 
 
 more than 25 per cent, in anj i 
 
 To be expended for maintenai 
 
 To be paid into treasurj of 
 
 support of schools. < l: I ' v > 1 1 . 
 
 To be applied to school pui | 
 
 Stale taxes from poll 
 
 One-fourth of poll tax to ' 
 free public scl 1- (Tea VII
 
 1382 State Constitutions 
 
 TAXATION {Cont'd) 
 
 Objects and Kinds of Taxation {Cont'd) 
 Poll Taxes (Cont'd) 
 
 Purpose and Application of Proceeds {Cont'd) 
 
 Of state tax $1 to be applied exclusively to public free 
 schools in proportion to school population; and remaining 
 50 cents to be returned and paid by state to treasury of 
 county or city in which collected, to be appropriated by 
 proper county or city authorities to county or city pur- 
 poses as they shall determine. Local tax to be applied 
 in aid of public schools or for such other city, county or 
 town purposes as council or board of supervisors may 
 
 determine. (Va. XIII 173.) 
 To be annually appropriated to support of free schools. 
 
 (W.Va. X 2.) 
 County poll tax to be applied to county school purposes. 
 
 (Wyo. XV 5.) 
 Collection and Payment 
 
 To be due October 1st 'annually and become delinquent 
 February 1st* next succeeding, but no legal process, fee, 
 or commission to be allowed for collection and tax col- 
 lector to make returns separately from other collections. 
 
 (Ala. VIII 104.) 
 
 Tax to be a lien only upon taxable property and no criminal 
 
 proceedings to be allowed to enforce collection. (Miss. 
 
 XII 243.) 
 Legislature may provide penalty for non-payment. (Okla. 
 
 X 18.) 
 
 Legislature to provide by law for collection and remission; 
 
 but compulsory process forbidden. (E.I. Amend. VII 2.) 
 
 Xot to be enforced by legal process until " three years 
 
 past due". (Va. II 22.) 
 Treasurer of each county and city to file list of persons 
 who have paid poll tax; clerk of circuit court to forward 
 certified copy of such lists as corrected to auditor of 
 public accounts who shall charge full amount thereof to 
 treasurer unless previously accounted for. (Va. II 38.) 
 Not to be lien upon nor collected by legal process for per- 
 sonal property exempt from levy or distress under poor 
 debtor's law. (Va. XIII 173.) 
 Prohibition of 
 
 Xot to be levied or collected. (Cal. XIII 12: Ore. IX 1 a.) 
 
 Poll taxes to be lien only on assessed property, and no 
 
 process to issue for enforcement except against assessed 
 
 property. (La. 19S.) 
 " The levying of taxes by the polls is grievous and oppressive 
 
 and ought to be prohibited." (Md. Bill of Rights XV.) 
 Xot to be levied nor shall any service be required which 
 may be commuted in money or other valuable thing. 
 
 (Ohio XII 1.)
 
 I N I I 
 
 
 TAXATION (Cont'd) 
 
 Objects amd Kinds of Tax.vu.. ., i 
 Poll Taxes (Con I'd) 
 
 Prohibition of (Cont'd) 
 
 Not to be levied for pavmeut 
 vote of qualified taxpayin ; 
 rated towns upon 1 1 
 incurring said indebtedm ; 
 
 Privilege Taxes 
 
 Legislature not to enacl law pennitti 
 or corporation to pay privilege I 
 and relieve him or it from the payment 
 taxes in state. (Ala. XII 221.) 
 Legislature may tax privileges in tnannei 
 prohibition of unequal tax rate on ; 
 
 and value. \ 
 Legislature may tax persons or corporations owning 
 privileges, as provide! by genera] law " uni 
 class upon which it operates". (111. I\ I. 
 Legislature may tax privileges in Buch tnani 
 
 time directed. 
 Legislature may tax by uniform and equal law- ill p 
 
 and franchises of persons or corporal 
 Legislature may levy taxes on privil 
 "graduated and progressive", and "r< 
 may be provided". (Wis. VI 1 1 1.) 
 Production Taxes 
 
 See also above, this subdh 
 Legislature may provide for levy and collect] 
 • 
 
 Property 
 
 See also below, this tftle, A.SS1 
 
 Of corporations, See above, this SttJ 
 
 All property not exempt under la 
 
 stitution or laws passed under 
 
 exemption "shall be subject i- 
 
 provided by law ". ( Ariz. 1 \ 
 All property in state, except as oth< 
 
 tion, not exempt under laws 
 
 proportion to value: " pn 
 
 bonds, stocks, dues, franchises ind 
 
 things real, personal and mi 
 
 Legislature to levy I 
 and corporation shall paj 
 his, her or its propertj ": value to b 
 elected or appointed ae th( 
 w i se ". ( Hut this does not appl 
 tions, licenses and franchise I
 
 1384 • State Constitutions 
 
 TAXATION (Cont'd) 
 
 Objects and Kinds of Taxation (Cont'd) 
 Property (Cont'd) 
 
 All property whether owned hy natural persons or corporations 
 to be taxed in proportion to value unless exempted by con- 
 stitution. (Ky. 174.) 
 "Public expenses shall be assessed on (polls and) estates." 
 
 (Me. IX 7.) 
 Legislature may tax "estates lying" within the state; to be 
 
 proportional and reasonable. (Mass. Pt. II Ch. I Sec. I 4.) 
 Taxes to be levied on such property as shall be prescribed by 
 
 law. (Mich. X 3.) 
 " Property shall be taxed in proportion to its value." (Miss. IV 
 
 112; Mo. X 4.) 
 " Property " declared to include " moneys, credits, bonds, stocks, 
 franchises and all matters and things (real, personal and 
 mixed) capable of private ownership"; but this not to be con- 
 strued to authorize taxation of stocks of corporation when 
 property of such corporation represented by such stocks is 
 within state and has been taxed. (Mont. XII 17.) 
 Legislature to levy " tax by valuation so that every person and 
 corporation shall pay a tax in proportion to the value of his, 
 her or its property and franchises". (Xebr. IX 1.) 
 Legislature to tax real and personal property by uniform rule. 
 
 (X.C. V 3.) 
 
 Legislature authorized to impose and levy " proportional and 
 
 reasonable assessments, rates and taxes " upon " all estates " 
 
 within state. Estates and other classes of property subject to 
 
 taxation for public charges of government. (N.H. II 5, 6.) 
 
 " Taxes levied upon tangible property shall be in proportion to 
 
 the value thereof." (NVM. VIII 1.) 
 Legislature to tax real and personal property according to its 
 
 true value in money. (Ohio XII 2.) 
 " All property, real, personal or mixed, shall be taxed " accord- 
 ing to its value, but legislature may " except " specified prop- 
 erty. (Tenn. II 28.) 
 All property in state, whether owned by natural persons or 
 corporations other than municipal, shall be taxed in propor- 
 tion to its value. (Tex. VIII 1.) 
 " All property subject to taxation shall be taxed in proportion 
 
 to its value." (S.C. I 6.) 
 " All property in the state " not exempt under laws of United 
 States or under this constitution, subject to taxation in pro- 
 portion to its value. (Utah XIII 2; Wash. VII 1; W.Va. 
 
 X 1.) 
 
 " Property " includes " moneys, credits, bonds, stocks, franchises 
 
 and all things (real, personal and mixed) capable of private 
 
 ownership." (Utah XIII 2.) 
 All property except as provided by the constitution to be taxed. 
 
 (Va. XIII 168.)
 
 Im>i \ Dioi 
 
 TAXATION (Cont'd) 
 
 Objects \m> Kinds oi Vax 
 Property [Cont'd) 
 
 Taxes shall be levied on huuo pi 
 
 Public Utilities 
 
 8t e al&o qbov< . this subd 
 
 i'KOI'KKTV "J ,/„,/ below, ti 
 
 All railroads i including stria i railwu 
 
 or niniv rounties i . pa 
 
 
 
 mg upon railroads in tbia 
 
 gas or ( lectric companies shall annm II 
 
 upon their ir.uuln.M-. roadwaj 
 
 pples, wipes, pipes, canals, conduit*, right 
 
 property or aiy pan thereof uhi 
 
 in this state, computed on i 
 
 the staif. \\ hen such coinpanii - 
 
 ami partly without the Btate, tl| 
 
 stai«' -hall he all receipts on busine 
 
 \\ iihin the state and a propoi tion ul 
 
 passing through, into or out ol thi 
 
 proportion of mileage vvitliin the 
 
 oyer which such business is done. Ia\ on 
 
 street railway.- -hall be I pej cent . 
 
 per cent..; on all express companies 2 pel 
 
 and telephone companies •!'■.• pej cent.; 
 
 companies 1 per rem. Such taxes shall 
 
 taxes and licenses, -tan-, count] and munii 
 
 in this section otherwise provided, but n 
 
 strued to release anj sucli company I 
 
 amount agreed or required i" be paid 
 
 or franchise granted trj any municipal an" 
 
 All such propei'tj shall !»■ bu! ■ n in i 
 
 vided bj law to paj prim ipal and inti • 
 
 landed delit pf any city, < itj aiitl county. 
 
 ship or di-tiiet ai the time of the adoption 
 
 sueli taxes shall be deducted f lol 
 
 for state purposes. (Cal. Mil N 
 Legislature may provide for levj and ■ « >1 * ■ 
 
 of assessors of taxes on propertj I .. 
 
 ,,p ( . rated or conducted, engaged in Ihe 
 
 passengers and freight, transporting i 
 
 operating any union station ; 
 
 bj telephone or telegraph " • •! loaning, running 
 
 ( . UI -s in any manner uj rail 
 
 public service or business. Mich. \ 
 All railroad, express, -anal, telegl l] ■! 
 
 engaged in transportation 01 in 
 
 fpr hire ■• are common can it
 
 1386 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Objects and Kinds of Taxation (Cont'd) 
 Public Utilities (Cont'd) 
 
 Each railway or canal corporation, including any which is 
 exempt from taxation as to its works, visible property, or 
 profits, shall also pay an annual state franchise tax of 1 
 per cent, upon its gross receipts, which, with the state and 
 local property taxes provided for in section 176, shall be in 
 lieu of all other taxes or license charges upon its franchise, 
 shares of stock and property; provided that nothing shall 
 exempt such corporation from annual fee required by section 
 157, or from assessment for local improvements authorized by 
 section 170, or annul or interfere with any contract between 
 street railways and municipalities as to compensation for use 
 of streets or alleys. (Va. XIII 177, 178.) 
 
 When road or canal lies partly without this state or is 
 operated as part of a system extending beyond state, gross 
 receipts taxable shall be apportioned on a basis of the average 
 receipts per mile over whole extent within or without state, 
 provided that reasonable deduction may be made for any 
 excess of value of terminal facilities in other states. (Va. 
 
 XIII 178.) 
 
 Each corporation shall annually, on September 1st, make 
 to state corporation commission report required by law, in 
 force January 1, 1902, to be made to board of public works, 
 which shall show the total gross receipts for year ending 
 June 30th preceding. Upon receipt of report state corpora- 
 tion commission, after 30 days' notice, as provided by said 
 law, shall ascertain amount of franchise tax. All taxes shall 
 be paid by December 1st following and until paid shall be a 
 lien upon property within this state of the corporation, and 
 take precedence over other lines and incumbrances. (Va. 
 
 XIII 179.) 
 
 Corporations may appeal in same manner as provided for 
 appeal from assessment. (See below, this title, Assessment 
 — Appeals.) (Va. XIII 180.) 
 
 After January 1, 1903, the system of taxation of railway 
 and canal corporations shall be as set forth in sections 170-180 
 inclusive (property and franchise taxes), and such system 
 shall so remain until January 1, 1913, and thereafter until 
 modified or changed as may be prescribed by law, provided 
 that if for any reason such system becomes inoperative the 
 general assembly may adopt another system. (Va. XIII 181.) 
 Railroads 
 
 See also above, this subdivision, " Corporations ", " Corporate 
 
 Property ", " Public Utilities ". 
 Existing law respecting taxation of railroad property continued 
 until otherwise provided; but nothing in constitution to be 
 construed to prevent legislature from providing by law how 
 railroad and railroad property shall be assessed and how taxes 
 thereon shall be collected. (Ky. 1S2.)
 
 1 M . 1 \ I > I . 
 
 
 TAXATION {Cont'd) 
 
 Objects and Kinds of I wmiun (Ooni 
 Railroads (Cont'd) 
 
 Law heiretofoi e or iiei cartel ■ 
 
 pans exisl in^' in state 01 op i ill ing 
 
 lieu of all ol her t.i ices and 
 
 roads, rolling stock and othei 
 
 fchfe time and periods i herein 
 
 of this stair a certain p. 
 
 gross earnings of such railroad compan 
 
 or amended unl 
 
 fietl by a majoritj of b! 
 
 Bubn 
 Nothing in constitutional provision r< 
 exemptions from taxation to !"• ■ 
 or repeal any existing law provi 
 
 •* All railroad corporations in this 
 therein " Bubjeci i" taxai ion i 
 
 pal and ol lu-r purposes il and p. 
 
 or used li\ them and on ■: 
 
 chises and capita] stock. (Mo. X 
 Rolling stock and other movable propi 
 company or corporation in state to 
 property and Liable to taxation -am. 
 individuals. Utah XII II: Wad,. Ml 
 Registration Taxes 
 
 Legislature may provide For levj and collect i 
 
 IS • 
 
 Special Taxes 
 
 Legislature ma\ provide bj general law 
 
 Specific Taxes 
 
 Legislature nia\ provide for levy and i 
 
 i 
 
 Legislature may b) law impose'; to be uniform 
 
 which thej 
 
 Stamp Taxes 
 
 Legislature may provide for levy and collection 
 
 Constitution not to be constrned to 
 
 providing stamp 
 
 State Lands 
 
 ToLesuKje., to taxation. from da1 
 
 Stocks and Bonds 
 
 Shares of stock of all Mu 
 
 anv* other state, or of tho \ ' 
 
 state, shall i I «*« I 
 
 thereof bj state board of equalization in n
 
 1388 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Objects and Kinds of Taxation (Cont'd) 
 Stocks and Bonds (Cont'd) 
 
 law in city or town where hank is located, and not elsewhere. 
 Tax shall be 1 per cent, annually payable to state. Value of 
 each share, except of banks in liquidation, shall for purposes 
 of this section be the amount paid in thereon together with its 
 pro rata of accumulated surplus and undivided profits. Value 
 of each share of bank in liquidation shall be its pro rata of 
 the actual assets of such bank. This tax shall be in lieu of 
 all other taxes and licenses, state, county and municipal upon 
 such shares and upon the property of such banks except 
 county and municipal taxes on real estate and except as 
 otherwise provided in this section. In determining value of 
 the capital stock, there shall be deducted the assessed value 
 of any real estate of the bank other than mortgage interests 
 therein, taxed for county purposes. The banks shall be liable 
 to the state for this tax and it shall be paid to the state by 
 them on behalf of stockholders in manner prescribed by law 
 and they shall have a lien upon the shares of stock and upon 
 dividends to secure the amount so paid. The word " banks " 
 includes banking associations, savings and loan societies and 
 trust companies, but not building and loan associations. (Cal. 
 
 XIII 14 c.i 
 
 Legislature may provide for taxation of banks and banking 
 capital " by taxing the shares according to the value thereof 
 ( augmented by the accumulations, surplus and unpaid divi- 
 dends) exclusive of real estate which shall be taxed as other 
 
 real estate". (Miss. VII 181.) 
 
 Legislature to tax investments in bonds, stock, joint-stock com- 
 pany or otherwise by uniform rule. (X.C. V 3.) 
 
 Shares of stock of banks and corporations located in this state 
 to be listed at " their true value in money " and taxed for 
 municipal purposes in city, ward, town or incorporated village 
 where bank or corporation is located and not elsewhere; "true 
 value in money " to include all surplus or extra moneys, capital 
 and every species of personal property of value owned or in 
 possession of corporation. (S.C. X 5.) 
 
 Legislature to provide for taxing investments in bonds, stocks, 
 joint-stock companies or ptherwise. (S.D. XI 4.) 
 
 Legislature mav tax income derived from stocks and bonds when 
 not taxed ad valorem. (Tenn. II 28.) 
 
 Constitution not to be construed to authorize taxation of stocks 
 of any company or corporation " when the property of such 
 company or corporation represented by such stocks has been 
 
 taxed". (Utah XIII 2.) 
 
 Corporate stock not to be taxed when franchise tax is imposed 
 on corporation doing business in state issuing such stock or 
 when all the capital however invested of corporations chartered 
 under laws of state is taxed. (Va. XIII 170.)
 
 1 I 
 
 
 TAXATION (Cont'd) 
 
 Objects am. Kinds of Taxatio 
 Stocks and Bonds (Cont\ 
 
 Until otherwise prescribed I 
 security companies charter* 
 banks, to be taxed in 
 banks bo taxed bj \an i„ ,. 
 assessed value of Btock of 
 shall be deducted the 
 wis., taxed in this state and 1 1 
 shall be its proportion of rem undi 
 Succession Taxes, See above, thit 
 Telegraph Interests or Business 
 
 Legislature may tax as provided b 
 the class upon which it opi 
 Toll Bridges 
 
 Legislature may tax as provided b 
 the class upon which it operate 
 State Taxes 
 
 Under this subhead an digested i 
 the levy, rate ami purpost of stai 
 relating to such to 
 See also Mr\i<ir\i. Hohe Ruti P 
 Frame Its Charter — Contents oi i 
 
 For estimate of amount required to 
 
 For taxes for school purpo 
 
 For taxes for redemption of statt ■'■ ' 
 
 Authority 
 
 Taxing power may 1 xercised b] 
 
 Tax may be levied aimiialh on proper! 
 be applied exclusively for maintenan 
 l evee system. Tliis provision to 
 federal governmenl assumes control of \em 
 
 Legislature may impose and levj 
 
 assessments, ran- and taxt " < 
 
 Legislature authorized to im] and I. ■ 
 
 reasonable assessments 
 itants of and residents within 
 
 "For state revenue there shall be i* ■ 
 
 Legislature to provide "needful" 
 
 \ II J: III 
 
 Legislature to provide i 
 
 In addition to limited 
 may be made on liv. 
 
 on wild animals and for Btod I
 
 1390 State Constitutions 
 
 TAXATION (Cont'd) • " 
 
 State Taxes (Cont'd) 
 Authority (Cont'd) 
 
 demnity purposes" as prescribed by law; such special levy to 
 be made and levied annually by state board of equalization, as 
 prescribed by law. (Mont. XII 0.) 
 Legislature to provide for raising revenue sufficient to defray 
 
 expenses of state. (N.D. XI 174.) 
 Legislature to provide by law for annual tax sufficient to defray 
 estimated expenses of state for each fiscal year. (New IX 2; 
 S.C. X 2; S.D. XI 1; Wis. VIII 5.) 
 Legislature to levy special tax for prison equipment in 1907. 
 
 (S.D. XI 1.) 
 
 Legislature to provide for annual tax which with other resources 
 
 shall be sufficient to defray estimated expenses of state for 
 
 each fiscal year. (Colo. X 2; Ky. 171; Okla. X 2; Utah XIII 
 
 2; Wash. VII 1.) 
 
 Legislature to provide, for annual tax sufficient with other sources 
 
 of revenue to defray necessary ordinary expenses of state for 
 
 fiscal year. (Ariz. IX 3.) 
 Legislature to provide for annual tax sufficient with other 
 resources to pay estimated expenses of state government, inter- 
 est on state debt and such deficiency as may occur in resources. 
 
 (Mich. X 2.) 
 When expenses in any fiscal year exceed income, legislature may 
 levy tax for ensuing fiscal year sufficient with other sources of 
 income to pay deficiency in addition to estimated expenses for 
 ensuing fiscal year. (Ariz. IX 4; Okla. X 3; Ore. IX 6; S. 0. 
 X 2; S.D. XI 1; Wash. VII 8; Wis. VIII 5.) 
 State may select its subjects of taxation and levy and collect its 
 revenues independent of counties, cities or other municipal 
 
 subdivisions. (Okla. X 13.) 
 
 When expenses for any year exceed income legislature to provide 
 
 for levying tax sufficient with other sources of income to pay 
 
 deficiency as well as estimated expenses of " such ensuing year 
 
 or two years ". ( Nev. IX 2. ) 
 Legislature to provide " equitable taxes " annually for superin- 
 tendence and repair of state canals, and may authorize 
 " equitable annual tax " for improvement of canals. (N.Y. VII 
 
 9, 10.) 
 
 When deficiency in revenue exists for any year legislature to levy 
 
 at regular session next after deficiency occurs tax for ensuing 
 
 year sufficient with other, sources of income to meet such 
 
 deficiency as well as estimated expenses of such year. (W.Va 
 
 X5.) 
 Legislature's power of taxation to extend to provision for pay- 
 ment of state debt and interest thereon, support of free schools 
 and pavment of annual estimated expenses of state. (W. Va. 
 
 X 5.) 
 
 If the state revenues from taxes on corporations, franchises, etc., 
 
 are insufficient to meet its expenditures including those for
 
 Indbs 1 > i • 
 
 
 TAXATION (Cont'd) 
 
 State Taxes (Cont'd) 
 Authority (Con? 
 
 educational purposes, th< ■ 
 vided by law a tax Eoi 
 state including the classes of prop 
 1mn (.corporations, franchi 
 
 State board of equalization foi 
 July 1, 1911, to lew ;m .;./ 
 ject to taxation on July l. l:iiu. in 
 other stale taxes te 
 sum sufficient after allowance for I 
 each of said four fiscal 
 Exposition. Board to fix i 
 of revenue required for othi r state p i 
 Legislature maj add - road and 
 
 for annual tax levy on all property 
 Legislature may after January 1, 19 
 of taxation "tin- several cl 
 and determine upon whal sub 
 subjects local taxes maj be levied". 
 Limitations Upon 
 Purpose 
 
 Power of taxation "over the \v 1 > 
 legislature solely for I 1 I Supp 
 public institutions; | - I Edu< 
 ins children in elementary bi 
 only; (•'>) Payment i"'' 
 (4) Suppress insurrection, repel in' 
 in lime of war; I 
 support of soldiers ami their \\ ido 
 
 dit • 
 Legislature not to lew i 
 
 excepl I "' raise revenue Buffi 
 ministration of the govi mmi 
 eluded : raising revenue foi 
 debt of state; for eri ■ tion and 
 for benefit of sinking fund, i 
 the public debl ; for ■ 
 including bonds for payi 
 inadequate; for suppi 
 leges and univeraitiei u I 
 of Agricultural and M. 
 teetion of frontiei 
 Collecting revenue: fo 
 
 ploy 
 
 port of blind, deaf and dumb 
 
 slate, and 
 
 in ent of quarantine ■
 
 1392 State Constitutions 
 
 TAXATION {Cont'd) 
 
 State Taxes (Cont'd) 
 
 Limitations Upon (Cont'd) 
 Purpose (Cont'd) 
 
 legislature may levy and collect in addition to all other 
 taxes an ad valorem tax on property, not exceeding 5 
 cents on $100, to create special fund for pensions of 
 soldiers, sailors and their widows. (Tex. Ill 48, 51.) 
 Rate 
 
 Legislature not to levy in any year greater rate than sixty- 
 five one hundredths of 1 per cent, of value of taxable 
 property. (Ala. XI 214. XIV 260.) 
 Legislature not to levy for one year exceeding in aggregate 
 1 per cent, of assessed value of property of state for 
 
 that year. (Ark. XVI 8.) 
 Rate for state purposes not to exceed 4 mills on each 
 
 dollar of valuation. (Colo. X II.) 
 Levy of taxes on property for all purposes in any year 
 except to provide for repelling invasion, suppressing insur- 
 rection or defending state in time of war, not to exceed 
 5 mills on each dollar value taxable property. (Ga. 
 
 VII Sec. I 2.) 
 Rate for state purposes on real and personal property not 
 to exceed 10 mills on each dollar of assessed valuation, 
 unless proposition to increase such rate specifying pro- 
 posed rate and time during which to be levied shall be 
 submitted to people at general election and receive ma- 
 jority of votes cast for and against. (Ida. VII 9.) 
 Tax on property " for all purposes whatever, except those 
 otherwise provided for in this constitution, including ex- 
 pense of government, schools, levees, public roads and pub- 
 lic debt and interest thereon " not to exceed in any year 
 mills on dollar of assessed valuation, unless additional tax 
 is required under provision of constitution relating to 
 
 public debt. (La. 232.) 
 Tax for state levee system not to exceed 1 mill annually. 
 
 (La. 230.) 
 Annual tax levy for state road and bridge fund not to exceed 
 
 1 mill. (Minn. IX 10.) 
 Exclusive of that necessary to pay the bonded debt of state, 
 tax on property not to exceed 20 cents on $100 valua- 
 tion. When taxable property of state amounts to $900,- 
 000.000 rate not to exceed 15 cents. (Mo. X S.) 
 Rate on real and personal property for state purposes, 
 except as provided in constitution not to exceed 2% mills; 
 when taxable property in state amounts to $600,000,000, 
 rate not to exceed 2 mills unless proposition to increase 
 rate, specifying proposed rate and time during which it 
 is to be levied is submitted and approved by majority of 
 all votes cast for and against at general election. Special 
 levy on live stock not to exceed 4 mills. (Mont. XII 9.)
 
 f MM \ I >|..l 81 
 
 
 TAXATION (Conl 
 
 State Taxe.s (Co>\i'<h 
 Limitations Upon (C 
 Rate (Cont'd) 
 
 Taxes levied on reft! 01 persoi il , 
 ih.i to exeeed t mill 
 educational penal and i bai it i 
 payment of the -i rtc debt 
 annual tas lew irpon 
 
 exclusive of ne< 
 
 Rate for state purposes n< I 
 <m cadi dollar of assessed \ nlii 
 the State ascertained i>\ 
 
 •untj pui 
 
 State levy on ad vala 
 
 Rate for stale purposes not •■ 
 on assessed \ aluat ion of all ta\:ild 
 ascertained l>\ lasl assessmi n 
 
 Special tax for prison equipment i 
 half mills on assessed valuati 
 ascertained by lasl aasessmei 
 
 Taxes for benefit of sinking i in I not 
 of public debt. Slate taxes cm pi 
 to pay public debt and fo* benefit pill 
 to exceed 36 cents on $100 vain iti 
 levy and collect in addition lu ill 
 valorem tax On property n< 
 create special fund 
 their widows, i Pex. til 18, 51, \ I 
 
 For state purposes no1 to 
 valuation to Lm apportioned i 
 general state purpose 
 poses, and I ' _■ mills f< 
 taxable properly amount 
 exceed 5 mills unless i p 
 stating the proposed 
 shall be levied, bi approved, 
 j or ity of such qualified eli 
 
 next pr ling the el 
 
 to bhem within thi 
 
 •On all lands and itnprovei 
 personal property no! ox< 
 tution. Stat( 
 8e88 eu value such pr< | 
 expenses government and - 
 
 1 1907 ,-,i ' ' 
 
 purposes to be pn
 
 1394 State Constitutions 
 
 i — — . — 
 
 TAXATION (Cont'd) 
 
 State Taxes (Cont'd) 
 
 Limitations Upon (Cont'd) 
 Rate (Cont'd) 
 
 " tax or revenue " to be levied at any time than required 
 for necessary expenses of government or to pay state debt. 
 
 (Va. XIII 1S9, 1S8.) 
 For state revenue annual tax " not to exceed 4 mills on 
 the dollar of the. assessed valuation of the property in the 
 state except for the support of state educational and 
 charitable institutions, the payment of the state debt and 
 the interest thereon ". ( Wyo. XV 4. ) 
 Release or Commutation Prohibited 
 
 Legislature not to release or discharge any county, city, town- 
 ship, town or district or inhabitants thereof or property 
 therein, from their or its proportionate share of taxes to be 
 levied for state purposes, nor to authorize commutation of such 
 taxes in any form whatever. (111. IX 6; Nebr. IX 4.) 
 Legislature not to release or discharge any corporation or its 
 property from its proportionate share of state taxes or au- 
 thorize commutation of such taxes in any form whatever. 
 
 (Nebr. IX 4.) 
 
 No county, city, town or other municipal corporation, nor the 
 
 inhabitants thereof, nor the property therein, shall be released 
 
 or discharged from their or its proportionate share. (Colo. 
 
 X 8; Ida. VII 7; Mont. XII 6.) 
 " No county, city, town or other municipal corporation, nor the 
 inhabitants thereof, nor the property therein, shall be released 
 or discharged from their or its proportionate share, * * * 
 nor shall commutation for such taxes be authorized in any 
 form whatsoever ". ( Mo. X 9. ) 
 " No county nor the inhabitants thereof, nor the property therein, 
 shall be released or discharged from its or their proportionate 
 share of taxes to be levied for state purposes, nor shall com- 
 mutation for such taxes be authorized in any form whatever."* 
 
 (Wash. XI 9.) 
 Legislature not to release inhabitants of or property in any 
 county, city or town from payment of taxes levied for state 
 purposes unless in case of great public calamity in such city 
 or town when such release may be made by vote of two-thirds 
 of each house. (Tex. VIII 10.) 
 Local Taxes 
 
 Under this subhead, are digested only those provisions relating to 
 the levy, rate and purpose of local taxes. For other provisions 
 relating to such taxes, See throughout this title. 
 For taxes for sclwol purposes, See below, this title. School Taxes. 
 For taxes for redemption of local debt, See specific subdivisions of 
 
 state, e. g., "Cities", " Municipalities ". 
 For taxes for levee and drainage purposes, Sec " Levees — Levee 
 Districts — Taxation " and " Drainage — Drainage Districts ".
 
 Lndex I i 
 
 TAXATION (ConVd) 
 
 Local Taxi t'd) 
 
 Authority 
 
 See also b< low, th 
 
 Legislature not to im] 
 other municipal coi 
 ertj thereof for county, • 
 poses, tun m : i \ bj law vest in thi 
 the power I ami i ollei i 
 
 \ 7-. tda. \ II 6j Mont. XII 4 
 
 Legislature not t" imp 
 nt her municipal corporal ;■ 
 erty thereof for countj . ci1 
 inn may by general la 
 thereof the power to 
 poses. (Ky. 181 ; Mo. X LO; 
 
 Legislature not h 
 
 other public or municipal corpi 
 or proper! j thereof for counl j 
 purposes, bu1 maj by general 
 I ir- thereof the power 
 
 After filing charter framed under pi 
 or town may provide and legislate f( r l< 
 to be made bj municipal officials or bj 
 as provided in charter. (Colo. XX ■ 
 
 Council of city and countj of Dem er ma 
 each year for city and countj pui ■ 
 to all cities and towns framing 
 
 Legislature to provide thai wheni 
 
 standing and unpaid for payn* nl of wln< I 
 in county treasury, countj commis 
 taxes provided bj law I- lev 
 mills on dollar of taxable proper! 
 assessment for redemption Buch v 
 
 Legislature may by general laws onlj 
 any class - to provide for taxation 
 
 personal property, tangibl ■ ii I 
 
 license or franchises in li< 
 p,„t cities of tii-' class 
 valorem tax on such pro] 
 bridge, gas, water, heat 
 or electric pow< 
 
 Taxing power to b. 
 
 corporations under with, 
 "county :uid othei 
 
 Taxes for countv, ■ 
 ,,„ all subjects and obj. 
 
 Taxes for city, town a, 
 subjects and ,
 
 1396 State Constitutions 
 
 TAXATION {Cont'd) 
 
 Local Taxes (Cont'd) 
 Authority (Cont'd) 
 
 Municipal corporations " may be vested with authority to assess 
 anil collect taxes" for all corporate purposes. (Ariz. IX G; 
 
 S.D. XI 10; Wash. VII 9.) 
 Legislature may delegate taxing power " with the necessary 
 restrictions " to subordinate " political and municipal corpora- 
 tions " to the extent of " providing for their existence, main- 
 tenance and well being, but no further ''. ( Ark. II 23. ) 
 
 County courts to have such power- in relation to county taxes 
 ;i- conferred by law. Justices of peace to sit with and assist 
 county judge in levying county taxes: judge and majority of 
 justices to be quorum for purpose; or in absence of judge, 
 majority of justices to be quorum and they shall elect one of 
 their number to preside: legislature to regulate manner of 
 compelling attendance of such quorum. (Ark. VII 28, 30.) 
 
 Legislature to authorize counties and incorporated cities and 
 towns to assess and impose taxes for county and municipal 
 and for no other purposes. (Fla. IX 5.) 
 
 Courts of ordinary to have such powers in relation to count \ 
 taxes as conferred by law. (Ga. VI Sec. VI 2.) 
 
 Legislature not to impose taxes on municipal corporations or 
 the inhabitants or property thereof for corporate purposes, but 
 may authorize them to assess and collect taxes. (111. IX !). 
 
 10; Xebr. IX 6. 7.) 
 
 Legislature may provide for assessment of property and levy 
 and collection of taxes for corporate purposes in Chicago " in 
 accordance with the principles of equality and uniformity " 
 prescribed by constitution. (111. IV 34.) 
 
 Taxing power may be exercised by parishes, municipal corpora- 
 tions and public boards under authority granted by legislature 
 for parish, municipal and local purposes strictly public in 
 
 nature. (La. 224.) 
 
 County and township organization to have such powers of local 
 taxation as may be prescribed by law. (Minn. XI 5.) 
 
 County not to be denied right to levy county and special taxes 
 upon assessment of railroad and corporate and other property 
 not wholly within one county made in pursuance of special 
 method of assessment provided by legislature as in other 
 cases of property situated and assessed in the county. (Mi--. 
 
 IV 112.) 
 
 County taxes to be levied by county commissioners " in like 
 manner with the state taxes". (XT'. V 6.) 
 
 County commissioners, township trustees and similar boards to 
 have " such power of local taxation, for police purposes," as 
 may be prescribed by law. (Ohio X 7) 
 
 Corporate authorities of counties, townships, school districts, 
 cities, towns and villages to be vested with power to assess 
 and collect taxes for corporate purposes. (S.C. VIII 6, X 5.)
 
 I\i... 
 
 TAXATION ( , I'd) 
 
 Local Taxes [Cont'd) 
 Authority (Cont'd) 
 
 Legislature to require .ill 
 ti<m permit* I 
 pom inn to be tax 
 of debts contracted. 
 r subdivisions 
 
 a islature ma . 
 
 impose taxi 
 
 in manner prescrib 
 Cities and towns with [>< 
 
 and collect annual I 
 
 local governmi at. I • 
 Cities having population :. 
 
 collect such ta 
 
 *' All propeii 
 
 lying or being within the Lin 
 
 town within tl shall 
 
 municipal taxation and 
 
 been heretofore rei 
 
 within which it lies shall h 
 
 and collect the usual mui 
 
 lying within said munh 
 Counties ami citi< 
 
 two-thirds eote of ta . !•» 
 
 to levy and collect BUi b I 
 
 struction i I 
 
 Board of supervisors to I 
 
 
 Legislature ma 
 
 of taxation " i! 
 
 and determine upon v I 
 
 subjects local tax< - 
 Legislature may auth 
 
 and vili - - 
 
 
 Limitations Upon 
 7?i General 
 
 Legislatun I 
 eitii - 
 
 Legislatur* I 
 citi< 
 
 Legislature to i 
 
 - 
 (X.Y. XI 1 

 
 1398 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Local Taxes (Cont'd) 
 
 Limitations Upon (Cont'd) 
 In General (Cont'd) 
 
 Legislature to restrict power of municipal corporations to 
 levy taxes and assessments so as to prevent abuse of such 
 power. (S.D. X 1; Wyo. XIII 3.) 
 Laws may be passed to limit power of municipalities to levy 
 
 taxes for local purposes. (Ohio XVIII 13.) 
 Legislature to restrict power of taxation and assessment of 
 cities and towns except for procuring supplies of water. 
 
 ( Nev. VIII S. ) 
 
 Legislature to restrict power of cities and towns to levy 
 
 taxes and assessments and none to be levied except in 
 
 pursuance of law for public purposes specified by law. 
 
 (S.C. VIII 3.) 
 Legislature in acts incorporating towns and cities to restrict 
 
 their powers of taxation. (Ore. XI 5.) 
 Legislature in general law providing for organization of 
 cities to restrict power of taxation and assessment so as 
 to prevent abvise. (Ark. XII 3.) 
 Legislature in general law providing for organization of 
 municipal corporations to restrict power to levy taxes and 
 
 assessments. (N.D. VI 130.) 
 Provision to be made by general laws to prevent abuse by 
 cities, towns and other municipal corporations of powers 
 of assessment and taxation. (Miss. IV 80.) 
 Power to tax corporations and their property never to be 
 surrendered or abridged by contract or grant to which 
 political subdivision of state is party; but this subject to 
 exception in favor of manufacturing and public utility 
 enterprises. (Miss. VII 182.) 
 In exercise of power of counties and incorporated cities and 
 towns to tax " all property shall be taxed upon the prin- 
 ciples established for state taxation". (Fla. IX 5.) 
 In exercise of power of counties and incorporated towns to 
 tax " all property shall be taxed according to its value 
 upon the principles established in regard to state taxa- 
 tion ". (Tenn. II 29.) 
 Purpose 
 
 Legislature may authorize incorporated cities and towns to 
 assess and impose taxes for municipal and no other pur- 
 poses. (Fla. IX 5.) 
 City or village not to assess, levy or collect any tax or 
 assessment for other than public purpose. (Mich. VIII 
 
 25.) 
 Except as otherwise provided in the constitution, no tax or 
 assessment to be levied or collected by municipal corpora- 
 tion except in pursuance of law for public purposes speci- 
 fied by law. (S.D. X 2.)
 
 Index Digesi 
 
 TAXATION (Cont'd) 
 
 Local Taxes (Cont'd) 
 
 Limitations Upon (Cont'd) 
 Pwpose (Cont'd) 
 
 No tax or assessment to be levied ... coll. 
 corporation except in pursuance of law 
 poses specified by law. (Wyo. Mil 
 No tax to be levied or collected bj anj count 
 other municipality for paymeni anj 
 
 thereon contracted directly or im 
 
 rebellion. 
 Legislature not to delegate to countj righl 
 
 purpose except for educational purpi build 
 
 repair public bridges; bo o tain and 
 
 to pay jurors and coroners; and for In 
 roads, and expenses of courts ipporl i 
 
 pay debts existing prior adoption ■ 
 county police, and to providi foi ai • 
 
 Legislature not to authorize countj or townshi] 
 taxes for any purpose excepl " educatioi 
 build and repair public roads, buildings and l>ri 
 maintain and support prisoners, paj 
 cers, and for litigation. quarantin* and ■ irt 
 and. for ordinary county purposes, to support | 
 pay past indebtedness". (S.C. \ 6.) 
 Rate 
 
 No county to be authorized l" Levj great* i 
 than one-half of one per cent, on value 
 erty therein. Additional rate i 
 one per cent, authorized for paymeni 
 existing 1875. also additional rate oi 01 
 per cent, authorized to pay debt existing ti 
 constitution and incurred I or man 
 
 public buildings or bridges or - ibsequentlj ir 
 erection public buildings, bridgea or I 
 solely for purposes for which levied. 
 
 Except as otherwise provided in thia arti li 
 no city, town, village of other munici] 
 higher rate in any year than one-hall 
 of value of property therein 
 tion during preceding year. Special additioi 
 one per cent, authorized exclusively ' 
 existing 1875 and interest tit 
 apply to specified cities and towns which 
 to lew rates for general and 
 ing provisions prescribed for each. 
 
 No municipal corporation to be authorited to levj 
 on real Or personal prop«rtj to 
 rear than 5 mills on as 1 value; bu
 
 1400 State Constitutions 
 
 TAXATION [Cont'd) 
 
 Local Taxes (Cont'd) 
 
 Limitations Upon (Cont'd) 
 Rate (Cont'd) 
 
 edness existing time adoption constitution additional tax 
 of not more than 5 mills may be levied. (Ark. XII 4.) 
 No county to levy tax exceeding " one-half of one per cent, 
 for all purposes"; but may levy additional one-half of 
 one per cent, to pay indebtedness existing time adoption 
 
 constitution. (Ark. XVI 9.) 
 County courts together with majority of justices of peace 
 authorized in addition to amount allowed to be levied for 
 county taxe.s to levy not exceeding three mills on all 
 taxable property of county to be known as county road tax 
 and to be used for making and repairing public roads and 
 bridges in count y and for no other purpose, to be collected 
 in United States currency or county warrants legally 
 drawn on such road tax fund, if majority qualified electors 
 of county " shall have voted public road tax at the general 
 election for state and county officers preceding such levy at 
 
 each election". (Ark. XXIII.) 
 Rate not to exceed $1.50 on each $1,000 in counties where 
 assessed valuation exceeds $5,000,000, or $3 on each $1,000 
 where it is less than $5,000,000. (Colo. XI 6.) 
 In counties not to exceed in the aggregate 75 cents per 
 slOO, except to pay ante-constitution debt, without ap- 
 proval of the people of the county. (111. IX 8.) 
 Tax rate of cities, towns, counties, taxing districts and other 
 municipalities for other than school purposes not to ex- 
 ceed " following rates on value of taxable property 
 therein"; for cities and towns having population of 
 15,000 or more $1.50 per $100, less than 15,000 but not less 
 than 10,000 $1 per $100, less than 10,000 75 cents per 
 $100, and for counties and taxing districts 50 cents per 
 .^100; unless higher rate necessary to pay interest on or 
 provide sinking fund for redemption of debt contracted 
 prior to adoption of constitution. (Ky. 157.) 
 Except; as otherwise provided in constitution no parish, 
 municipal or public board tax for all purposes to exceed 
 in one year 10 mills on $1 of assessed valuation, provided 
 that for purposes of public schools, and erection and con- 
 struction of public buildings and other permanent works, 
 the title to which will be in the imblic; any parish, mu- 
 nicipal corporation, ward or school district may levy 
 special tax in excess of said limitation whenever the rate, 
 purposes and number of years during which it is to be 
 levied have been submitted to vote of the property tax- 
 payers entitled to vote under laws of state, and majority 
 of same in number and in amount voting at such election 
 
 have voted therefor. (La. 232.)
 
 Index Di< 
 
 TAXATION (Cont'd) 
 
 Local Taxes [Cont'd) 
 
 Limitations Upon [Cont'd) 
 Rati i (",,„/•-/ 1 
 
 Board of supervi 
 tenth mill on assessed 
 of public buildings 01 I 
 than siii.iiiiii.iinii board 
 except on submission I 
 voting thereon. < lounl j 
 year to exceed $3 on eai h 
 preceding year, hegislatun 
 of tafxes of cities and vi 
 
 • 
 Annual rate in 
 ■ ■rty or less no1 to exceed 
 having $6,000,000 and m 
 40 cents i in $100; lw 
 QOO',000 no1 i.. . x© •! Si 
 000 or more no1 to • 
 rate in cities and towns hat 
 more not to exceed $1 
 and iiver 10,000 no1 in 
 
 $100; having less than ' 
 
 gregatc to exceed 
 1.000 not in aggregate to i 
 Annual rate in school d 
 000 inhabitants or more, no 
 and in other district- nol 
 and this rate nia\ he ite 
 and towns to ->i pet $100 and 
 cents per $100 |! 
 voting at an election held f< 
 allowed to he ascertained ' 
 therein according I 
 purposes, or b) 
 or Tun ,1 - 
 
 kinds anil description wh< '!" 
 taxes to i«a\ valid indebti 
 tion of i onstitution oi 
 Limit may be increased I 
 buildings when rati 
 tended i- submitted '•• peoplt 
 voters voting al election ■■■• 
 In addition to oti ■ 
 county authorities (countj 
 ship organization and I 
 under township organii I 
 manner state "id colin 
 exceeding Zfi centi
 
 1402 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Local Taxes (Cont'd) 
 
 Limitations Upon (Cont'd) 
 Rate (Cont'd) 
 
 bridge purposes, but for no other purpose. Power to levy 
 this tax expressly declared to be "•discretionary". (Mo. 
 
 X 22.) 
 St. Louis authorized to levy for municipal purposes in addi- 
 tion to municipal rate fixed for cities generally " a rate 
 not exceeding the rate which would be allowed for county 
 purposes if said'eity were part of a county". (Mo. X 11.) 
 
 County authorities not to assess taxes the aggregate of which 
 exceeds $1.50 per $100 valuation, except to pay ante-con- 
 stitution indebtedness, unless authorized by vote of people 
 
 of county. (Nebr. IX 5.) 
 
 Amount of county taxes never to exceed double the state tax 
 except for special purposes with special approval of legis- 
 lature. (N.C. V 6.) 
 
 In county containing city of over 100,000 or in any such city 
 amount to be raised in any year for county or city pur- 
 poses, in addition to interest and principal of existing debt, 
 not to exceed 2 per cent, of assessed valuation of " real 
 and personal estate " as appears by assessment rolls for 
 last preceding assessment for state and county taxes. 
 
 (N.Y. VIII 10.) 
 
 Total annual taxes on ad valorem basis for all state and 
 local purposes shall not exceed thirty-one and one-half 
 mills on dollar, to be divided as follows: Not more than 
 three and one-half mills for state; 8 mills for county; 
 5 mills for township; 10 mills for city or town: 5 mills for 
 school district; provided that county may levy additional 
 2 mills for school purposes; and after referendum and 
 approval by majority of voters thereof school district 
 may increase annual rate by not more than 10 mills and 
 counties, cities or school districts may for purpose of 
 erecting public buildings increase the rates by not more 
 than 5 mills. Limitation on rates not to apply to taxes 
 authorized to be levied to pay indebtedness existing 
 under territories. (Okla. X 9, 10, Sched. 25.) 
 
 Annual tax of cities and towns having population less than 
 5,000 to defray current expenses of local government not 
 to exceed in any year one-fourth of one per cent. (Tex. 
 
 XI 4.) 
 No tax for any purpose for any year shall exceed 2y 2 per 
 
 cent, of taxable property in any city having population 
 more than 5.000. (Tex. XI 5.) 
 County, city or town not to levy more than 25 cents for 
 "city and county" purposes, and not exceeding 15 cents 
 for roads and bridges, and not exceeding 15 cents to 
 pay jurors, except for payment of debt incurred prior
 
 I m > i: \ 1 ) i . 
 
 TAXATION [Cont'd) 
 
 Local Taxes (Cont'd) 
 
 Limitations Upon [Cont'd) 
 Bate (Cont'd) 
 
 adoption amendment Septeral 
 
 public building 
 
 manenl improvements m 
 
 one year and ex< epl 
 
 vided : legislature ma) authi i 
 
 valorem tax to be levied and colli 
 
 nance of public roads provided maj 
 
 taxpaying voters of count 
 
 pose shall vote such tax n 
 
 valuation of property subject t< 
 
 County authorities not t< 
 
 exceeding 95 cents on $100 ol 
 port of free schools, payment 
 unless such assessment with .ill qui 
 crease of such aggregate shall ; 
 of votes cast for and against ii on 
 
 county. (W.Vs 
 
 "For county revenue there shall be levied annual 
 to exceed 12 mills on the dollar for all • 
 ing general school tax exclusive ot 
 the'payment of it> public debt and th 
 
 (W 
 
 Nd incorporated city or town shall 
 mills in any year except for paw 
 and interest thereon. (Wyo. XV 
 Application of Proceeds 
 
 Money raised by taxation 
 
 ration for any purpose not to be d 
 pose except by authority of law. 
 
 Money raised by taxation or ■< 
 
 ration for one purpose no1 to 1 ; " 
 
 Referendum 
 
 No tax to he levied or collected b 
 town or other municipal 
 expenses therefor unless bj 
 
 Payment of tax on property valu 
 
 year required for vote on any pi 
 
 any city or town. (R.I. 
 Release or Commutation Prohibited 
 Legislature not to di 
 
 municipal corporation 
 
 be authorized in an\ form wl 

 
 1404 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Local Taxes (Cont'd) 
 
 Release or Commutation Prohibited (Cont'd) 
 
 Legislature not to release inhabitants of or property in any 
 county, city or town for payment of taxes levied for county 
 purposes unless in case of great public calamity in such 
 county, city or town when such release may be made by vote 
 of two-thirds of each house. (Tex. VIII 10.) 
 School Taxes 
 
 Under this subhead arc digested only those provisions which relate 
 to the levy of tawes for school purposes. For provisions relating 
 to applicatio}i and distribution of moneys raised for school pur- 
 poses, See Education — Funds. 
 See also above, this title, Objects and Kinds of Taxation — Poll 
 
 Taxes. 
 See also above, this title, "State Taxes" and "Local Taxes". 
 In General 
 
 Taxes for school purposes may be levied on " all subjects and 
 
 objects of taxation". (Mont. XII 5.) 
 Taxes for educational purposes other than for common schools 
 must be submitted to voters, provided existing tax for educa- 
 tional purposes and for endowment and maintenance of agri- 
 cultural and mechanical college shall remain until changed by 
 
 law. (Ky. 184.) 
 State 
 
 Legislature may levy special annual school tax of 30 cents 
 on each $100 of taxable property in state, provided total levy 
 shall not exceed 65 cents on each $100. (Ala. XIV 260.) 
 
 Legislature to provide for support of common schools by tax- 
 ation not to exceed in any one year 3 mills on the dollar of 
 taxable property. (Ark. XIV 3.) 
 
 Legislature may authorize special state school tax for the support 
 Of public, secondary and technical schools. (Cal. IX 6.) 
 
 Special tax of 1 mill on all taxable property in state, in addi- 
 tion to other means provided, to be levied and apportioned 
 annually for free schools. (Fla. XII 6.) 
 
 Legislature is authorized to assess special tax on shows and 
 exhibitions and on sale of spirituous and malt liquors to go 
 into school fund. (Ga. VIII 3.) 
 
 Legislature may levy, solely for support of public schools, tax 
 on inheritances, legacies and donations. (For details. See 
 above, this title, Objects and Kinds of Taxation — Inheri- 
 tance Taxes.) (La. 235.) 
 
 Legislature to provide by taxation to supplement school, fund 
 so as to maintain free public school in each district for at 
 least three months each year. (Mont. XI 6.) 
 
 Legislature to provide for maintenance of public schools by 
 
 taxation. (Md. VIII 1.) 
 
 Legislature to provide special state school tax in addition to 
 other means, provided for support of university and common 
 schools, not to exceed 2 mills. (Xev. XI 6.)
 
 I.NDIX Dl,,l-| 
 
 TAXATION (Cont 
 
 School Taxes (Cont'd) 
 State (Cont'd) 
 
 Legislature to Uncollect and add I 
 
 for school purposes. | \.M. \| | , 
 Legislature to provide bj 
 
 tion to income from school fund. 
 After December 31, 1898, legislatur, 
 school purposes in addition to poll 
 sioners' tax. (sa\ \\ ,. 
 Legislature to provide bj 
 
 An ad valorem tax not to <>> 1 ■_•. 
 
 may be levied so that with th 
 may be maintained not less than 
 
 Legislature to apply an annual ia\ , 
 
 more than 5 mills to schools of primary am] 
 
 Legislature may impose a further tax of 1" • 
 of assessed value, to supporl ol public fi 
 but after January 1, l'.liiT. rate foi such pui 
 scribed by law. (Va. XIII 189 
 
 Legislature to provide such school i 
 
 general school fund will maintain eflicienl - 
 
 schools S I 
 
 Local 
 
 Counties may levy and collect a Bpecial tax n< 
 cents on each $100 of taxable pn»pertj fo 
 provided three-fifths of qualified 
 rate of special tax does not inci 
 tax to more than $1.25 on each $100, excludii 
 county taxes enumerated. (Ala. M\ 
 
 Legislature may authorize school districts ah 
 of qualified electors of district tax foi school pui 
 exceed 7 mills in any one year, provided no Buch I 
 priated to any other purpose or to any oth 
 that for which levied. (Ark. Xl\ 
 
 Each county to assess and collet annually tor bu| 
 schools therein a tax not less than 3 nor m 
 on all its taxable property. (Fla Ml B. 
 
 Legislature may authorize counties, milit 
 districts and municipal corporations to l< 
 tenance of public schools. Tax to be approvi 
 vote at election and legislature 
 
 Anv parish, municipal corporation, ward 
 levy a special tax for Bchools and 9ch : ' 
 constitutional limitation, when tl 
 of years during which it is to be lei
 
 1406 State Constitutions 
 
 TAXATION (Cont'd) 
 
 School Taxes (Cont'd 
 Local (Cont'd) 
 
 to vote of the property taxpayers entitled to vote under laws 
 of the state and majority of same in number and amount vot- 
 ing at such election have voted therefor. (La. 232.) 
 
 Legislature to provide that each parish may levy a tax for 
 public schools therein not to exceed the entire state tax pro- 
 vided that with such tax total parish taxes shall not exceed 
 limits fixed by constitution. (La. 255.) 
 
 City of New Orleans to appropriate not less than eight-tenths 
 of one mill for any one year to school purposes. (La. 255.) 
 
 Police juries in the parishes and boards of trustees and munic- 
 ipal councils of incorporated cities and towns, except parish 
 of Orleans, to levy, collect and pay to parish school boards 
 proceeds of at least 3 mills of the annual tax, unless parish 
 school boards certify that needs of the school can be met 
 with smaller levy. This does not apply to cities that spend 
 an equivalent amount under their charters for the support 
 of free public schools under the supervision and control of 
 the state board of education and independent of parochial 
 school authorities. (La. 255.) 
 
 Any county, or separate school district may levy additional tax 
 to maintain schools longer than four months. (Miss. VIII 
 
 206.) 
 
 Provision to be made for local school taxes. (N.M. XII 4.) 
 
 County commissioners, or other officers hereafter vested with 
 same powers, to levy annual tax of 3 mills on all taxable 
 property in county for school purposes. Any school district 
 may, by authority of legislature, levy additional school tax. 
 
 (S.C. XI 6.) 
 
 Legislature to authorize school corporation to levy additional 
 taxes for school purposes. (S.D. VIII 15.) 
 
 Legislature may pass laws for assessment and collection of taxes 
 in school districts, and also may authorize additional ad 
 valorem tax to be levied and collected within school districts 
 for the maintenance of schools or erection of school buildings 
 therein, provided extra tax does not exceed 50 cents on $100 
 valuation, and the assent of a majority of qualified property 
 tax-paying voters is given at an election held for that purpose. 
 Limitation on amount of school district tax does not apply 
 to incorporated cities or towns constituting separate and 
 independent school districts. (Tex. VTI 3.) 
 
 Each school district and each county, city or town if a separate 
 school district may raise additional tax on property not to 
 exceed 5 mills in any year for school purposes. County 
 boards of supervisors and city and town councils to provide 
 for levy and collection of such taxes. (Va. IX 136.)
 
 l.M»! 
 
 TAXATION (Cont'd) 
 
 School Taxes (Cont'd) 
 Local (Cont'd) 
 
 Legislature to provide foi 
 authority of peopli 
 for free schools as law 
 reported to county court. 
 Each inw n and citj to rai 
 common schoolta nol :. than hall 
 school Fund. (Wis. K 4.) 
 
 ASSESSMENT 
 
 In General 
 
 See also abovj , this tith . < »BJ] ■ i ■ 
 
 - 
 All property not exempted b] tution I 
 
 Assessment to be " according I" its true valu 
 
 Assessment of real and personal prop 
 
 true value in money. (N.C. \ 3.) 
 All taxes levied on property in 
 
 proportion" to its value. (Ala. XI 211.) 
 All lands and other propertj not rendered foi 
 
 shall be assessed at their value bj propel offl ^111 
 
 Lands held in large tracts no! to '■- 
 
 acre than land- of same character or qualit 
 situated, held in smaller tracj ML VIII 
 
 All assessments hereafter authorized to l>e on ] 
 • 
 
 To be at " fair~cash value, estimated at 
 at a fair voluntarj sale". (Ky. 172; i 
 
 Not to exceed actual cash value I 
 
 "The value of each subjeci of taxation -I 
 money that every person and 
 ,,, portion to the value of his, her oi il 
 
 - All taxes upon property, real and , 
 the actual value of the propert 
 ascertained bv an 
 
 To include value of land and val 
 
 ments. This to apply to all 
 county, hundred, school, uuv. 
 
 To include rental value ,i las 
 and improvements thereon, rhi 
 for taxation for state county, I 
 other public purpose (Del. Vlll 7
 
 1408 State Constitutions 
 
 TAXATION (Cont'd) 
 Assessment [Cont'd) 
 In General [Cont'd) 
 
 Value of taxable property to be ascertained as provided by law 
 or by constitution. (Cal. XIII 1; Tenn. II 28; Tex. VIII 1: 
 Utah XIII 2; Wash. VII 1; W.Va. X 1.) * 
 
 Value of taxable property to be ascertained in manner directed 
 by legislature. (Ark. XVI 5; Xebr. IX 1.) 
 
 Manner, method and mode of assessing in the state to be such 
 as prescribed by law. (Ariz. IX 11.) 
 
 All property to be assessed in manner prescribed by law, except 
 as otherwise provided by constitution. (Cal. XIII 10; Mont. 
 
 XII 16.) 
 
 " Property shall be assessed for taxes under general laws and 
 by uniform rules, according to its true value." (Miss. IV 
 
 112.) 
 
 Except as provided in the constitution all assessment of real 
 estate and tangible property to be at their fair market value 
 to be ascertained as prescribed by law. (Va. XIII 169.) 
 
 Legislature to prescribe in general laws regulations to secure 
 just valuation for taxation of all property, real and personal. 
 (Colo. X 3; Ida. VII 5; Wyo. XV 11.) 
 
 After filing charter framed under provisions of this article city 
 or town may provide and legislate for assessment for munici- 
 pal taxation by municipal officials or by county or state 
 officials as provided in charter. (Colo. XX 6.) 
 
 All coal lands from which coal is not being mined " shall be 
 listed for assessment, valued for taxation and assessed accord- 
 ing to value". (Wyo. XV 2.) 
 
 Legislature to prescribe such regulations as shall secure just 
 valuation of all property, real and personal, except exempt. 
 (Ind. X 1; Fla. IX 1; Ore. IX 1.) 
 
 Legislature to prescribe such regulations as shall secure just 
 valuation for taxation of all property except that specially 
 x provided for in constitution. (Mont. XII 1.) 
 
 Legislature to prescribe regulations to secure just valuation for 
 taxation of all property, real, personal and possessory, except 
 mines and mining claims and except property exempt by law. 
 
 (Nev.* X 1; S.C. X 1.) 
 
 Legislature to provide a uniform and equal rate of assessment 
 according to the value in money of all property and shall 
 prescribe by general law such regulations as shall secure a 
 just valuation for taxation of all property so that every 
 person and corporation shall pay a tax in proportion to the 
 value of his, her or its property. (Utah XIII 3; Wash. 
 
 VII 2.) 
 
 Legislature to provide for assessment of all property for taxa- 
 tion. (S.C. X 13.) 
 
 Assessment to be under general laws. (N.J. IV 7, 12.) 
 
 Local or special legislation for, forbidden. (Ariz. IV 9, 19; 
 Ida. Ill 19; Mont. V 26; N.M. IV 24; Wyo. Ill 27.)
 
 I i hi<. 
 
 
 TAXATION (Cont'd) 
 
 Assessment (Cont'd) 
 In General (ConV 
 
 Special ot private legislal 
 
 XI). II 60; 1 .:,!, \ 
 Local or special legislation 
 
 township or road purposes prohibil 
 22; Nev. IV 20; Ore. l\ 
 Local of special legislation extending 
 
 IV 53; Tex. Ill 56; Va. l\ ■ 
 Special or local legislation 
 
 Special, private or local 
 
 bidden, except in on witl 
 
 extension of municipal indebtedm 
 
 Hon, 18' 
 
 Local, special or private legislation 
 
 except as to animals which legislature ■: 
 farming interests. (Va, i\ • 
 
 Failure to assess no! to defeal subsequent 
 collection of taxes for anj preceding yi 
 property shall have passed to boi 
 without notice in which case the prop< 
 taxation against such purchaser from dal 
 
 Assessment for municipal purposes to I"- m 
 incorporated town upon property within it- 
 
 Valuation of property Eor state taxation to be I i 
 
 valuation for purposes of l"<-.il taxation 
 
 State, county, township, mIi.mi], municipal an 
 be levied on same assessment, which shall Ix 
 
 Valuation of property for city, town and 
 not to excei 'I valuat ion of same pi 
 
 pin | 
 
 Valuation of propertj for city, town and - 
 exceed valuation of same prop 
 
 Assessment of real and personal propertj 
 fox purposes of municipal taxation I 
 state taxi - whenever there i- 
 
 Assessors 
 
 Special or local legislation extendi] 
 relieving any assessor from '!"■ 
 his sureties from liability forbidden. 
 
 45
 
 1410 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Assessment (Cont'd) 
 Assessors (Cont'd) 
 
 No law or ordinance to be passed by any political corporation 
 extending time for or relieving any assessor from due per- 
 formance of his duties or his sureties from liability. (La. 48.) 
 Wilful error in performance of duty to be malfeasance and on 
 conviction shall forfeit office and be otherwise punished as 
 provided by law. , (Ky. 172; Okla. X 8.) 
 Legislature to authorize county commissioners where deemed 
 necessary for assessment purposes to divide counties into 
 " taxation districts " and to appoint in each an assistant 
 
 assessor. (Fla. VIII 7.) 
 To be elected or appointed as legislature directs. (111. IX 1.) 
 Assessment of taxable property to be made by township board of 
 trustees and returned to county commissioners for revision as 
 provided by law; "but legislature may modify or abrogate". 
 
 (X.C. VII 6, 14.) 
 When Made 
 
 In order that assessments of " polls and estates " may be made 
 
 with equality new valuation of estates to be " taken " once in 
 
 every 10 years at least and as much oftener as legislature 
 
 orders. (Mass. Pt. II Ch. II Sec. IV.) 
 
 " General valuation shall be taken at least once in 10 years ". 
 
 (Me. IX 7.) 
 " Estates " to be valued at least once every 5 years and as 
 
 much oftener as legislature shall order. (X.H. II 6.) 
 Legislature to provide from time to time for new valuation for 
 assessment of taxes in such manner as they deem best. Xew 
 assessment ("estimate") of valuation of property for taxes 
 required to be taken before first direct state tax after 
 adoption of constitution. (R.I. IV 15.) 
 Legislature to provide for reassessment of real estate in 1905 
 and every fifth year, except property of railway and canal 
 
 corporations. (Va. XIII 171.) 
 Returns by Property Owners 
 
 Legislature to require by law each taxpayer to deliver to county 
 assessor annual statement under oath specifically setting forth 
 all real and personal property owned by him or in his posses- 
 sion or under his control at twelve o'clock noon first Monday 
 
 March. (Cal. XIII S.) 
 All persons or classes of persons who by laws in force January 
 1. 1911. were required to make returns for state taxes to 
 comptroller-general and all persons thereafter so required, 
 shall on or before March 1st, annually, make such returns 
 as of January 1st. Laws in force January 1. 1911, governing 
 such returns to remain in force as applicable to returns 
 herein required until changed by law. Legislature may make 
 all necessary laws to enforce this provision. (Ga. VII Sec. 
 
 II 6.)
 
 I M > i \ DlGESl 
 
 TAXATION (Cont'd) 
 Assessment | Cont'd) 
 
 Returns by Property Ownei 
 
 Bach railwaj or canal i ..i ,,,,, ., 
 
 1st make to the state • 
 bj law in Eoree Januarj I. 19a 
 lie works bj everj railroad and 
 from taxation bj virtue ol I 
 show propertj taxable in this 
 tion on June 30th precedu ■ . , 
 Dmy of owner of land to bav< 
 which it or pan of il it 
 charged with taxes thereon and p 
 Classification 
 
 Nothing in constitution to be 
 
 different classes ol propertj bj d 
 
 Initiative and referendum not to tx 
 
 any classification of propertj for thi- purj 
 
 enl rates of taxes thereon. I 'In.. 1 1 
 Legislature may provide for cla 
 
 reference to their value in tl ill 
 
 ■ 
 
 Deductions 
 
 Any depreciati ccasioned bj a puhlii 
 
 real estate may be deducted ii 
 
 Except in case of credit Becured bj mi 
 lature may provide for deducti 
 
 boilil fide resident- of Mat.. I il. Mil 
 
 Legislature may authorize deduction ol 
 
 (This appear- as exception from provision 
 
 ity and taxation at value.) (1 tal Mil 
 Situs 
 
 All propertj excepl as otherwise provided 
 
 be assessed in the county, city, citj and 
 
 township or district in which situal Kill ! 
 
 1'crsonal property shall be taxed i 
 
 reside greater pari of yeai for whii I I 
 
 elsewhere", except thai 
 
 shall be taxed in citj or countj in 
 
 ture may provide thai n 
 
 and debts Becured thereby, sh tl! 
 
 where property is Bituated - S(d I ' 
 All taxable propertj other th 
 
 graph, telephone and oth< 
 
 in the county, city, township, vil 
 
 uated in manner pn 
 ••All corporations or persons in I 
 
 herein sliall be Bill
 
 1412 State Constitutions 
 
 TAXATION [Cont'd) 
 Assessment {('out''/ 1 
 Situs (Cont'd) 
 
 municipal or other purpose-! on the real and personal property 
 owned or used by them within the territorial limits of the 
 authority levying the tax." (Utah XIII 10.) 
 All property, whether owned by persons or corporations shall 
 be assessed in county where situated. All property subject to 
 taxation in and owned by residents of unorganized counties 
 shall be assessed in the counties to which such unorganized 
 counties shall he attached for judicial purposes; and lands 
 lying in and owned by non-residents of Unorganized counties 
 and lands lying in territory not laid off into counties shall be 
 as>es>ed at office of state comptroller. (Tex. VIII 11. 12.) 
 
 Appeals 
 
 Taxpayers to have right of testing correctness of assessment 
 before courts of justice. (La. 225.) 
 
 Any railroad or canal corporation aggrieved by assessment may 
 within 30 days apply for relief to circuit court of city of 
 Richmond'. Verified notice shall be served on state corporation 
 commission and on attorney-general whose duty it shall he to 
 represent state. The court may reduce or increase assessment, 
 and unless applicant paid taxes under protest when due. court 
 after disallowing application shall give judgment fdr interest 
 at rate of 1 per cent, per month. If application be allowed 
 appropriate relief shall be rendered, including right to recover 
 any excess paid to the state or local authorities, the judgment 
 to be enforceable by mandamus or other process. Subject to 
 provisions of Article VI supreme court of appeals may allow 
 writ of error. (Va. XIII 180.) 
 
 Courts not to relieve person or corporation from payment of 
 illegal tax or tax illegally or irregularh assessed until such 
 person pays legal portion of his taxes, i Fla. IX S.) 
 
 Equalization 
 In General 
 
 Manner, method, and mode of equalizing in state to be 
 
 such as prescribed by law. (Ariz. IX 11.)' 
 Legislature to provide for equalizing the value of all prop- 
 erty subject to or rendered for taxation (county commis- 
 sioners' court to constitute board of equalization). (Tex. 
 
 VIII IS.) 
 
 Stair 
 
 State board of equalization to "equalize the valuation of 
 the taxable property in the several counties of the state 
 for the purpose of taxation". State board may under such 
 rule- and notice as it prescribes increase or I'ower entire 
 assessment-roll or any assessment therein " so as to 
 equalize the assessments of the property contained in said 
 assessment-roll and make the assessment conform to the 
 true valuation in money of the property contained in said
 
 Lndjex Digksi i i i j 
 
 TAXATION [Cont'd) 
 
 ^.SS] 8SMENT [Cont'd] 
 
 Equalization [Cont'd) 
 State [Cont'd) 
 
 mil". l„i! m.n ,,,,, 
 deed of trust, ,,,„t,.,. 
 
 debl ia secured, oi monej oi »olveiii . r< 
 provides in detail foi ele< tioi 
 
 State board of equalization 
 auditor, state treasun 
 general i to adjust, equalit 
 ileal and personal prop* rtj ol thi 
 valuation of anj item oi iten 
 property : board to equalize " to the < 
 propertj in the Btate Bhall bi 
 value '" and to perform other dut 
 state board to have no power "i lo< .il .1- 
 tions by countj boards of equalization I 
 revision, change and amendment b) Btab 
 
 .State board oi' equalization (consisting 
 tary of state, attorney general, si 
 treasurer) to perform duties pi • 
 
 In li»l 1 and everj fifth yeai then 
 directed by ii Legislature maj provide bj 
 ization of assessments bj a -1 >'•■ bi 
 property " excepl Bp< cine I axes and 
 and property engaged in railn 
 
 busi 
 
 State board of equalization 
 auditor, state treasurer, secrel 
 general) to adjusl and equalize 
 personal property among several countii 
 ^ih-Ii other duties as prescribed bj law. 
 
 State board of equalization bo adjust and equalin 
 tion of the real and personal 1 
 counties of the Btate and | 
 prescribed by Law. (Okia. X 81 . tl 
 
 Legislature to provide bj law foi 
 tion to equalize valuation of all jn ■ 
 counties for the Btate revenue and 1 
 duties as prescribed bj law. (Wyo w 
 
 Local 
 
 Boards of Bupen isora a ea 
 
 equalization and to equalia valval 
 
 therein for pui pose ol taxal ion 
 rules and noti< pre» 1 ib
 
 1414 State Cosfsrmrac - 
 
 TAXATION ' 
 
 Assessment Cont'd 
 Equalization ' 
 Local Cont'd 
 
 asse-sment-roll or an;> - -ment therein " - is i ■ . ial- 
 ize the assessments of the property contained in .--aid 
 
 as-e^sment-roll and make the i -m^nt conform to the 
 
 true valuation in money of the property contained in 
 -aid roll ". but may not raise any mortgage. . I trust. 
 
 contract or other obligation by which a debt is secur 
 or money or solvent credit above face value. (CaL XIII B 
 County commissioner- to constitute county board of equaliza- 
 tion and to adjust, equalize. raise or lower valuation of 
 real and personal property within county, subject to 
 revision, r-hange and amendment by state board of equaliza- 
 tion. Board to equalize " to the end that all taxable 
 
 property in the state -hall be I •• I if - full c - 
 
 value " and to perform other duties prescribed by I 
 
 1 lo. X la 
 imissionerg 1 nstitutc ;'ial- 
 
 ization for county and to equalize valuat: 
 property in county under rules and regulat: 
 
 by law. [ 12. 
 
 rd of county commissioners to constitute unty 
 equalization: board to adjust and # equaliz- 
 taxable property within county, and per: ties 
 
 prescribed by law. (Mont. XII \~ 
 County board of equalization to "adjust and the 
 
 valuation of the real and personal pro] thin tl 
 
 respective counties "' and perform other dul 
 by law. Utah XIII 11. 
 Corporate Property 
 
 Legislature to provide by general law for assessment of corporate 
 
 property by •• as near as may be by the same methods as are 
 
 •vided *' for ;ng "individual property". SJ>. XI 2: 
 
 - . -.".: 
 
 There shall be a state b :: :' appraisers to as, property 
 
 employed in railway, telegraph, telephone, sleeping car and 
 . •--- business throughout state, to be composed of auditor 
 and one member from each congressional 
 five specified state officers foi *.-rm of four years and at c i 
 pensation to be fixed by legislature, t La. __■ 
 
 ovide for assessment " at its true oa-h value " 
 by state board or" asess - of all property of corporati as, 
 and of property •• by "whomsoever owned, operated or con- 
 ducted, engaged in the business of transporting passengers 
 and freight, transporting property by express, operating any 
 union station or depot, transmitting messages by telephone 
 or telegraph " or loaning, running or operating cars in any 
 manner upon railroads or engaged in any other public service 
 or bu-ir. --. Mich. X o.
 
 I.\I>KX Dl( 
 
 TAXATION [Cont'd) 
 Assessment i 
 
 Corporate Property [ConV 
 
 Legislature- may provide special mode ■■ 
 ment for railroads and railroad and 
 or for particular species of property h. 
 
 •porationa or associal 
 county. But all such propertj shall be 
 
 -In assessing For taxation the prop 
 porationa having charters for a longer p.,,,,.! ,i 
 the increased value of Buch prop, 
 from such longer duration of their 
 sidered .and a-- -- Mias. VI 1 17- 
 
 Franrhi-e. roadway, roadhed, rail- an, I r.-llii,,- 
 operated in more than one count} in 
 
 >tate board Of equalization and apporti I ■ 
 
 ms, township* and school districts in \\hi- 
 are located in proportion to number of mild 
 in such countie-. <-vu-<_ towns, townships and 
 
 *" The .. including franchie 
 
 panies. freisht line companies, dining 
 
 car companies, car equipment comp 
 
 companies, telegraph or telephone con 
 
 state and used directly or indirectly in carryii 
 
 erty or me-- ges, \ - - 
 
 in a manner prescribed " by - 
 
 may be pr->vided by law". Any portion 
 
 .pany all'"- I I fur any pn 
 
 tion of railway shall, wh: 
 
 ird of equalization a.- other railroad pi 
 ner provided for assessmeni of oilier real pi !• 
 
 State equalization 
 
 -^■ration property. i«»kla. \ - 
 Stai< -ration commission may ! 
 
 property tpprai-— 
 
 chi- - txation : rati->n 
 
 All pr f railroad companies *hall \* a.***. •- 
 
 eral counties in which proper 
 
 roadbed and fixtur - 
 ma- 
 company i~ located, and county tax 
 apportioned by 
 
 which road passes ac tax a»- 
 
 -ance road run* 
 SM -:e eorp 
 
 required of the board of p 
 1. 1902
 
 1-116 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Assessment ( Cont'd j 
 
 Corporate Property [Cont'd] 
 
 other personal property (except its franchise and non-taxable 
 shares of stock issued by other corporations) in the state of 
 each railway corporation liable for taxation upon such prop- 
 erty; canal bed. and other real estate, boats and other personal 
 property (except its franchise and non-taxable shares of stock 
 issued by other corporations) in this state of each canal cor- 
 poration; and such property shall be taxed for state, county, 
 city, town, district purposes, in manner authorized by said 
 law, at such rates as are imposed upon real and personal 
 property of natural persons, provided no tax shall be laid upon 
 net income of such corporations. State corporation commis- 
 sion after receiving report required to be made by the corpora- 
 tion and after 30 days* notice, as provided by said law. shall 
 assess the property and ascertain amount of state taxes 
 chargeable against it. All taxes shall be paid by December 
 1st following, and until paid shall be a lien upon the property 
 of the corporation within this state and take precedence over 
 other liens and incumbrances. After January 1, 1913, prop- 
 erty of railway and canal corporations may be assessed as 
 legislature provides. (Va. XIII 171, 176, 179.) 
 Duty of the state board of equalization " to assess at their actual 
 value the franchises, roadway, roadbed, rails and rolling stock 
 and all other property used in the operation of all railroads 
 and other common carriers, except machine shops, rolling mills 
 and hotels in this state; such assessed valuation shall be ap- 
 portioned to the counties in which said roads and common 
 carriers are located as a basis for taxation of such property; 
 provided that the assessment so made shall not apply to in- 
 corporated towns and cities". (Wj'O. XV 10.) 
 
 Improved and Cultivated Land 
 
 Land and improvements thereon to be separately assessed. 
 
 (Cal. XIII 2; Wyo. XV 1.) 
 
 Cultivated and uncultivated lands of same quality similarly situ- 
 ated to be assessed at same value. (Cal. XIII 2.) 
 
 Legislature may provide that increase in value of' private lands 
 caused by planting hedges, orchards and forests shall not for 
 limited time to be fixed by law be taken into accotmt in 
 assessing such lands for taxation. (Colo. XVIII 7.) 
 
 " Legislature may provide that the increased value of lands by 
 reason of live fences, fruit and forest trees grown and culti- 
 vated thereon shall not be taken into account in the assess- 
 ment thereof." (Xebr. IX 2.) 
 
 Improvements to be assessed as in case of other property but 
 plowing not to be considered improvement or add to value of 
 land for purpose of assessment. (X.D. XI 177.) 
 
 Plowing of land not be considered as adding value tlit-roto for 
 purpose of taxation. (X.M. VIII 6.)
 
 1 N i ' ! \ I I 
 
 TAXATION [Cont'd) 
 
 AsSKSSMKm ' 
 Live Stock 
 
 state hoard of equalisation U 
 -- as uml of live stock and to 
 of equalization of th< 
 the day fixed for beginnii 
 Mines 
 
 Legislature to provide i i and 
 
 1 and other miner*] land, but until 
 i- made, sueh land b 
 
 Public Property 
 
 Lands and improvements not exempt whi 
 of bul arc the property of count; 
 ipal corporation, to be assessed bj Li> 
 in which situated subject to review, equal 
 ment by state '.maid of equalisation, (Cal. MP 
 Public Utilities. S 
 
 Railroads, S ice, f/iis sulnlii irate I' 
 
 Sectionized Lands 
 
 Travis containing more than 640 a 
 
 Mates to be assessed bj sections or fractions thi 
 
 Ml 
 Unsectionized Lands 
 
 Legislature t<> provide by law foi - nent in Mnall ti 
 
 lauds not sectionized bj L'nited States l il Mil 
 Collection ami Payment 
 In General 
 
 To be under general laws < \ Del VIII VII 
 
 Sec. II 1; Ida. VII 5j Ky. 171; Mo, X 
 X 14; Pa. IX 1; Tex. YIP 3; \ a. MP 168 
 Local or special legislation for, forbidden. \ I 
 
 111 19; Mont. V 26; N-M. 1\ 24; S D 11 69; W \ III 
 Private or special legislation prohibited. (1 tab \l 
 Local or special legislation extending time for, forbid 
 
 111 19; La 48; Md. Ill 33; Mo. IV 53; Monl \ -'•' S M. 
 I\" 24; Okla. V 46; Tex. IP 56; \ a. I\ 63; Wyo III 
 Special or private legislation for oj for extending tin 
 
 tion, forbidden. (Cal. IV 25; \ :.!». II I 
 
 \\ - i\ 
 
 speeial or local legislation " t.. mrth< 
 
 bid* 
 
 Local or special legislation for collection ol 
 
 county, township or road purp rbidden i III 
 
 Ind. T\" 22; Ore. IV 2 
 special, private, or local legislation 
 
 bidden, except in connection with readjustn 
 
 extension of municipal indebted™ 
 
 tution, is: .IV 104.)
 
 1418 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Collection and Payment (Cont'd) 
 In General (Cont'd) 
 
 Local, special or private legislation for collection forbidden, 
 except as to animals which legislature deems dangerous to 
 farming interests. (Va. IV 63.) 
 Tax to be designated by year in which collectible, and tax on 
 movable property to be collected in year in which assessment 
 is made. (La. 234.) 
 All provisions of constitution relating to collection of state taxes 
 to apply to collection of parish, district, municipal, board and 
 ward taxes. (La. 243.) 
 
 State Taxes 
 
 To be paid into state treasury. (Ida. VII 7; III. IX 7; Mont. 
 
 XII 10.) 
 To be paid into state treasury in money only. (Ariz. IX 3; 
 
 Wash. VII 6. ) 
 To be paid into state treasury; legislature to provide for en- 
 forcing. (S.D. XI 9.) 
 Comptroller to superintend and enforce promptly collection of. 
 
 (Md. VI 2.) 
 All taxes and other state revenue to be collected by " proper 
 
 officers and paid into the state treasury". (Va. XIII 186.) 
 Persons required by laws in force January 1, 1911, or laws 
 thereafter passed to make returns for taxes to comptroller- 
 general, to pay taxes arising on such returns in favor of the 
 state on or before September 1st of same year notwithstanding 
 anything contained in constitution or laws previous to this 
 amendment. Laws in force applicable to collection such pay- 
 ments to remain in force until changed by law. Legislature 
 to make all necessary laws to enforce this provision. (Ga. 
 
 VII Sec. II 6.) 
 
 Local Taxes 
 
 Taxes for subdivisions of state to be collected by respective fiscal 
 
 authorities. (S.C. X 13.) 
 After riling charter framed under provisions of this article city 
 
 or town may provide and legislate for collection of municipal 
 
 taxes by municipal officials or by county or state officials as 
 
 provided in charter. (Colo. XX 6.) 
 
 Collectors, See Counties — County Collector. 
 
 Accounting for Taxes Collected 
 
 For punishment for use or making profit out of, See Public 
 
 Officers. 
 
 For disqualification of defaulting collectors to hold office, See 
 - Legislature — Qualifications of Members "; and " Public 
 Officers — Qualifications and Disqualifications ". 
 
 Comptroller to adjust and settle on terms prescribed by law with 
 delinquent collectors and receivers of state taxes. (Md. VI 2.) 
 
 Governor to suspend tax collectors for alleged default pending 
 investigation of their accounts, and make temporary appoint-
 
 I Nhl \ I )|,. 
 
 - I 
 
 TAXATION [Cont'd) 
 
 I OLLECTION Wli I'wmi. m | ,/, 
 
 Acounting for Taxes Collected - 
 incut during investigat ion i i 
 '"•in "i this pro> hrion, i \l.--. \ 
 Legislature to require 
 taxes, to be accounted foi In 
 be " uniform for pach pi i- 
 shall be prescribed tmd audited bj i 
 
 Method of 
 
 County, town and citj taxes lo be | 
 
 ifii. -y of United States rdei 
 
 towns and cities respectively, | \ik. Wl 
 Legislature may provide bj law 
 
 propertj bj instalments, 1 1 al. \ 1 1 1 
 City and town taxes for current exp 
 
 occupation taxes levied to bi 
 
 Taxes on railroad property to !»• rolleeted in 
 which property is situated i . \ \ 1 1 1 8 
 
 Taxes on property shall be paid in count] 
 legislature may 1>\ two-thirds \ . >t < autl 
 of non-residents of enmities to be madi 
 of public accounts. Taxes on prop* 
 residents of unorganized counties shall be paid in il" 
 to which such unorganized counl 
 judicial purposes. Taxes on lands lying 
 residents of unorganized counties and laj 
 not laid off into counties shall be collect 
 
 mptroller. (Tea \ III II 
 Remission or Postponement 
 
 Local or special legislation r< l< 
 
 Local or special legislation remitting 
 
 1\' 
 
 Taxes of indigent poor ma> be remit! 
 
 and in such manner a- provided by law 
 Legislature not to postpone paymenl 
 
 overflow, general conflagration 
 
 other public calamitj . (Ls 
 Statute of Limitations 
 
 Tax liens and privileges Eoi taxes I 
 
 December 31 of year in which ' 
 Not to run againsl anj claim i I 
 
 pro; . rtj 
 
 Sale for Non-Payment 
 J n (!( m ral 
 
 No proper! v to b< exem] I 
 
 taxes, i Kan. XV fl; Kei H ' « ' 
 
 ■
 
 1420 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Collection and Payment (Cont'd) 
 Sale for Non-Payment (Cont'd) 
 In General (Cont'd) 
 
 No property to be exempt from sale for non-payment of 
 taxes or assessments. (Fla. X 1.) 
 
 No property to be exempt from attachment, levy or sale 
 
 for taxes. (S.C. Ill 28.) 
 
 Sale for non-payment excepted from homestead exemption 
 provisions. (Ga. IX Sec. II 1; X.C. X 2; Okla. XII 2; 
 Tenn. XI 11; Tex. XVI 50.) 
 
 Exemption from sale for non-payment not to extend to 
 execution, order or process issued for lawful claim for 
 taxes, levies or assessments accruing after June 1, 1896. 
 
 (Va. XIV 190-4.) 
 
 Legislature to provide by law for sale " of delinquent tax 
 
 lands". (Miss. IV 79.) 
 
 Legislature to make provision for sale of all lands and other 
 propertv upon which taxes have not been paid. (Tex. 
 
 VIII 13.) 
 
 Pveal estate not to be sold for unpaid taxes or special assess- 
 ment for state, county, municipal or other purposes except 
 by a general county officer having authority to receive state 
 and county taxes and upon the order of judgment of some 
 court of record; legislature to provide for a return to such 
 officer of unpaid taxes or assessments. (111. IX 4.) 
 
 To be no forfeiture of property for non-payment of state, 
 levee district, parochial or municipal taxes, but at ex- 
 piration of year for which due, collector shall, without 
 suit, and after notice as provided by law, advertise for 
 sale in official journal or if none, as provided by law for 
 sheriffs' sales, the property on which taxes are due, in 
 manner as prescribed for judicial sales and on day of sale 
 he shall sell such portion of property as debtor points out, 
 or if debtor does not point out sufficient property, he shall 
 sell least quantity which any bidder will buy for amount 
 of taxes, interest and costs. Sales to be without appraise- 
 ment. Taxes on movables to be collected by seizure and 
 sale of movable property whether it be property assessed 
 or not, sale to be at public auction and under certain pre- 
 scribed conditions, and to be absolute and without re- 
 demption. If collector can find no corporeal movables he 
 may levy on incorporeal rights, or he may proceed in 
 court to compel delivery for sale of property in possession 
 or under control of debtor. (La. 233.) 
 
 All provisions of constitution relating to tax sales to apply 
 to collection of parish, district, municipal, board and ward 
 
 taxes. (La. 243.) 
 
 " The annual assessment made upon landed property shall 
 
 be a special lien thereon and all property both real and
 
 I MM \ DtOESI 
 
 TAXATION [Cont'd) 
 
 Collection and Paymi m [ConPd) 
 Sale for Non-Payment [Cont'd] 
 In Gent ral i Cont'd) 
 
 personal belonging to 
 
 liable to a ment and utle 1 
 
 and penalties dne bj iiiofa delinq i 
 maj be Bold for the pa) ment 
 due by such delinquent und< 
 legislature ma) pwn tdi : I 
 
 Where Btate has taken title and 
 shall receive i iccess ol mum foi 
 interest at 12 per oent. per ai 
 in<:s if claim be Bled in ein a I 
 
 Redemption 
 
 OAvners ami persons Interested hn 
 payment of taxi - 01 
 whatever to have rigi 
 years from date of BS • 
 
 Legislature to provide for r< i 
 
 parties interested "by publication 01 
 
 fact of sale Of properl 
 
 time of expiration of right of 
 
 Occupants to be Berved with 
 
 redemption expireB. i 111. IX 5 I v 
 
 Property sold to be redeemable within 
 of price, including costs, and 
 judgment annullin • 
 
 of price, and all taxes and 
 to be paid to purcha - >\ ided tl 
 
 to sales annulled beca 
 or because of dual assesam 
 for any cause, excepl on pro* 
 paymenl prior to sale, " an 
 instituted within six mont 
 sale, which notice Bhall not 
 redemption has expired, and ••■• I 
 of recordation of the tax di 
 manner of notide and form 
 litles to be provided h\ law (L 
 
 ■ 'i he right of redemption fnm 
 the non-payment of ' •• 
 every character, » 
 i„ prescribed by law, h 
 terested in Bucb r< 
 
 Former owner to havi two 
 deed for right to red. 
 amount of m< i
 
 142l ) State Constitutions 
 
 TAXATION (Cont'd) 
 
 Collection and Payment (Cont'd) 
 Sale for Non-Payment (Cont'd) 
 Tax Titles 
 
 Deeds of sale by collectors of taxes to be received by courts 
 
 in evidence as prima facie valid sales. (La. 233.) 
 Courts to apply same liberal principles in favor of tax titles 
 
 as in sale by execution. (Miss. IV 79.) 
 Deed of conveyance to purchaser for lands and property sold 
 to be held " to vest good and perfect title in the pur- 
 chaser thereof subject to be impeached only for actual 
 
 fraud". (Tex. VIII 13.) 
 Local or special legislation " authorizing deeds to be made 
 for land sold for taxes" forbidden. (W.Va. VI 39.) 
 Forfeiture for Non-Payment 
 
 If taxes assessed against lands purchased from state for any 
 year remain unpaid until first Monday in October of following 
 year then contract of sale of such lands, if state board in 
 charge of sales so declares, to be void. (X.D. Amend. XIII 
 
 15S.) 
 Where for five years succeeding 1SG9, owner of any tract of 
 land containing 1,000 acres or more shall not have been charged 
 on county books with state tax thereon, then by operation of 
 constitutional provisions the land is forfeited and title thereto 
 vested in the state; but if during such five years owner has 
 been charged with said tax on any part of such land, such part 
 shall not be forfeited. (W.Va. XIII 6.) 
 If after one or more of five years during which taxes not paid 
 and because of which land forfeited, the owner was infant, 
 married woman, or insane person, such owner may until ex- 
 piration of three years from removal of such disability have 
 the land or his interest therein charged on the county books 
 with all state and other taxes chargeable thereon from 1S63 
 and every year thereafter with interest at rate of 10 per cent, 
 and may pay all taxes and interest thereon and thereby redeem 
 his land or interest therein. But this right to redeem shall 
 not extend bevond 20 vears from time land was forfeited. 
 
 '(W.Va. XIII 6.) 
 
 Exemptions 
 
 Laws Exempting — General Provisions 
 
 Laws exempting property other than that specified in the con- 
 stitution to be void. (Colo. X 6; Ga. VII Sec. II 4; Ivy. 170, 
 Bill of Rights 3; Mo. X 7; Pa. IX 2; S.D. XI 7; Tex. VIII 1.) 
 Laws exempting property other than as provided by constitu- 
 tion to be void. (Ark. XVI 6.) 
 Exemptions in force when this amendment adopted to remain 
 in force in same manner and to same extent until otherwise 
 provided by statute. (X.D. XI 176, 1914.) 
 Legislature not to pass law exempting any property except as 
 otherwise provided in constitution. (Okla. V 50.)
 
 ■ 1m»i\ I i 
 
 TAXATION (Cont'<l) 
 Exemptions [Cont'd] 
 
 Laws Exempting — General PrOTi 
 No property other than I 
 
 I 
 Legislature may allow such i 
 
 Beero necessarj and jual [da \ 1 1 
 Legi slat urc may by general 
 
 erty ether than that listed in I 
 
 Legislature may by general law 
 
 opinion will beBl promob | 
 Private, local <>r Bpecial legisl •• 
 
 I Ala.. IV lot: ( al. |\ 25; Ida. HI 
 Miss. IV 'Mi; Mo. I\ :,; \1..„- \ 
 Hit; Okla. \' 4ti; l'a. Ill 7; |. x I 
 
 Private or local legislation exempting i 
 
 forbidden except m revinion I'nniin 
 
 Legislature not to declan 
 
 Valuation of Exempt Property 
 Value of exempt property t- 
 
 cr 
 Agricultural and Horticultural Societies 
 Property use.l exclusively for ma 
 Property used exclusively for. mat be 
 
 i 111. IX :t-. 
 Real and personal property u- 
 
 Agricultural Implements 
 
 Legislature may exempt. (N.C ^ 
 Arms for Muster 
 
 Legislature may exempt. (N.I \ 
 Armories 
 
 Property or real estate belot 
 state used for military purpoa 
 
 Art — Works of 
 
 Paintings ami statuarj 
 
 public hall and DOl held B 
 ,,r gain may I- exempted I j 
 of private or corporate pro 
 Paintings and Btatuarj 
 
 li,. hall t" l irempl " '"" " 
 
 or corporate profit 01 
 Books 
 
 To he exempt wild nol 
 rate profit or income I
 
 1424 State Constitutions 
 
 TAXATION {Cont'd) 
 
 Exemptions {Cont'd) 
 Books (Cont'd) 
 
 Legislature may exempt by law; provided property so exempted 
 be not used for purposes of private or corporate profit or 
 
 income. (Ga. VII; Sec. II 2.) 
 Bonds 
 
 Public debts evidenced by bonds of state, county, municipality 
 
 or otber subdivision to be exempt. (Ariz. IX 2.) 
 Issued after adoption constitution by state, county, " city and 
 county", municipal corporation or district (including school, 
 reclamation and irrigation districts) within state to be 
 
 exempt. (Cal. XIII 1%.) 
 Issued by city and county of San Francisco for Panama Exposi- 
 tion to be exempt from all taxes for state and municipal 
 
 purposes. (Cal. XI 8a.) 
 Issued by state, county, municipality or district to be exempt. 
 
 (N.M. VIII 3.) 
 Of state, city, village, hamlet, county or township in the state 
 outstanding time adoption constitution or issued in behalf of 
 public schools of state and means of instruction In connection 
 therewith to be exempt. (Ohio XII 2.) 
 Obligations issued by state after February 14, 1882, " or here- 
 after exempted by law", to be exempt. (Va. XIII 183 a.) 
 Issued by Alameda county in aid of Panama Exposition to be 
 exempt from all taxes for state, county and municipal pur- 
 poses. (Cal. XI 18.) 
 Obligations issued by counties, cities or towns may be exempted 
 by local authorities from local taxes. (Va. XIII 183.) 
 Cemeteries 
 
 To be exempt. (Ala. IV 91; Mo. X 6.) 
 
 Used exclusively as such to be exempt. (Ark. XVI 5.) 
 
 Not used or held for private or corporate profit to be exempt 
 
 unless otherwise provided by general law. (Colo. X 5.) 
 May be exempted by law when not used for purposes of private 
 
 or corporate profit or income. (Ga. VII Sec. II 2.) 
 Property used for cemetery purposes may be exempted by gen- 
 eral law.' (111. IX 3.) 
 Not used or held for private or corporate profit to be exempt. 
 
 (Ky. 170; N.M. VIII 3; Utah XIII 3.) 
 Not used or held for private or corporate profit may be ex- 
 empted by general laws. ( Pa. IX 1 ; Tex. VIII 2. ) 
 To be exempt when not leased for purposes of private or corpo- 
 rate profit or income. (La. 230.) 
 Public burying grounds to be exempt. (Minn. IX 1.) 
 Property used exclusively for cemeteries not used or held for 
 private or corporate profit may be exempted. (Mont. XII 2.) 
 Property used exclusively for cemetery purposes may be ex- 
 empted by general law. (Nebr. IX 2.) 
 Legislature may exempt. (N.C. V 5; W. Va. X 1.)
 
 [ND] 
 
 TAXATION (Cont'd) 
 
 Exemptions (Cont'd) 
 Cemeteries (Cont'd) 
 
 Property used exclusively 
 
 by general lav. (N.D \i 
 May be exempted b; 
 
 
 Property used Eoi pa 
 Property of to be exempt; but 
 
 not to extend beyond bul 
 
 pied thereby " although 
 
 Public burial grounds 
 
 conducted for profH « 
 
 thoritiea or private eorpoi 
 
 may t;i\ ; doi - not include pi 
 
 sons paying benefits 
 
 to members or other | 
 
 not exceeding one acre reserved \ .uffi- 
 
 cient evidence, and " -.. exclus ■ 
 
 legislature may tax. | V i Mil 
 Lots with buildings thereon nsed 
 
 tori.s t>> lie exempt. | \\ yo, XV 1_* 
 
 Charity, Property Devoted to 
 Lots in incorporated cities 
 
 to the extent of one acre, and 
 
 from such cities or towns t 
 
 buildings thereon, \<< 
 
 purposes purely rhari table. (Ala. I\ 
 Property of charitabli 
 
 held for profit ma 
 Buildings, grounds and mat* 
 
 charity to lie exempt Ark. W I 
 Lots with buildings thereon ii buil 
 
 clusively for strictly charitabli 
 
 otherwise provided bj general law 
 Property maj be exempted by law 
 
 1\ L; [nd. X 1: Nev. X 1; 
 Property of corporations formed 
 
 Propertj of all charitable instituti i 
 infirm, deaf, dumb, blind, idiol 
 
 where profit8 of BUCii 
 to be exempt ; but pri 
 thoueh connected with 
 from state, i ouj ' and mui 
 estate this exemption 
 premises a, mails I 
 with charitable objects ".
 
 1426 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Exemptions (Cont'd) 
 
 Charity, Property Devoted to (Cont'd) 
 
 Institution of purely public charity may be exempted by law 
 when not used for purposes of private or corporate profit or 
 
 income. (Ga. VII Sec. II 2.) 
 
 Property used exclusively for charitable purposes may be ex- 
 empted by general law. (111. IX 3; Xebr. IX 2.) 
 
 Property used exclusively for charitable or benevolent purposes 
 
 to be exempt. (Kan. XI 1.) 
 
 Institutions of purely public charity to be exempt. (Ky. 170; 
 
 Minn. IX 1.) 
 
 Charitable institutions to be exempt when not leased for pur- 
 poses of private or corporate profit or income. (La. 230.) 
 
 Lots in incorporated cities or towns, or within one mile of limits 
 thereof to extent of one acre and lots one mile or more distant 
 from such cities or towns to extent of five acres with the 
 buildings when used exclusively for purposes purely charitable 
 "may be exempted"' by general law. (Mo. X 6. ) 
 
 Property used exclusively for institutions of purely public char- 
 ity may be exempted. (Mont. XII 2.) 
 
 All property used for charitable purposes to be exempt. (X.M. 
 
 VIII 3.) 
 
 Property held for charitable purposes may be exempted by law. 
 
 (X.C. V 5.) 
 
 Property used exclusively for charitable purposes to be exempted 
 by general law. (X.D. XI 176; S.D. XI 6.) 
 
 Institutions used exclusively for charitable purposes may be 
 exempted by general laws, subject to alteration and repeal. 
 
 (Ohio XII 2.) 
 
 Property used exclusively for charitable purposes and property 
 owned by specified institutions so long as used exclusively for 
 free homes or schools for orphan children and for poor and 
 indigent persons and all other orphan homes and " their 
 charitable funds" to be exempt. (Okla. X b.) 
 
 Institutions of purely public charity may be exempted by gen- 
 eral laws. (Pa. IX 1; Tex. VIII 2.) 
 
 Property held and used for purposes purely charitable may be 
 
 exempted. (Tenn. II 28.) 
 
 Lots and buildings thereon used exclusively for charitable pur- 
 poses to be exempt. (Utah XIII 3.) 
 
 Real estate belonging to and exclusively used by, and personal 
 property including endowment funds belonging to Young 
 Men's Christian Association and similar religious associa- 
 tions, orphan or other asylums, reformatories, hospitals and 
 nunneries which are not conducted for profit, but purely and 
 completely as charities, to be exempt; but legislature may 
 tax. Buildings or land leased or a " source of revenue or 
 profit " to be liable to taxation as other land or buildings in 
 same county, city or town. (Va. XIII 183 e. )
 
 . Lndex Dioj 
 
 TAXATION (Cont'd) 
 Exemptions [Cont'd i 
 
 Charity, Property Devoted to 
 Buildings with land thej 
 belonging to benevolent 01 
 exclusively for lodge pui ]•■■-< - ■■■. 
 ciafcions togethei « ith ad 1 «• i >.t I md i 
 use of buildings, to '" exempl ; bul 
 
 LngS or land L< a- « 1 • - 1 | 
 
 liable to taxation a. ..ti„.| land 
 city or town. Exemption doe* not in< i 
 tions or persona paying benefit 
 
 or act idem to members or other pi XIII 1* 
 
 Property used for charitable purn 
 
 Churches, See below, litis subdii ision, R 
 
 City Property 
 
 To he exempt. < Ida. VII t . \!..in. \\\ ; \ ill 
 
 XI 17*5 ; Utah Mil :<; Wyo. W I 
 Belonging to "' citj ami count; " I 
 
 iinproVements thereon located outaide tl 
 
 which well' Subject to taxation ;it tin 
 by the rity and coimtv not to be • 
 
 subsequently constructed on such land 
 
 Ml! 
 
 Real and personal to be exempt, (t olo 
 Held by cities and "used exclusivelj 
 
 purposes" may l»- exempted. iTenn 11 
 Held only for public purpose* su< 
 
 therefor, fire engines ami " furniture 'I 
 
 used or intended for extinguishing Urea, pub 
 
 all other prbpertj devoted exclusivelj I 
 
 the public, to !»• exempt. (Tex. M 
 Owned by city and used exclmivBlj 
 
 exempt; buildings or land leased or " ■ 
 
 to be exempt. I \ a. Mil 183 
 
 Corporations 
 
 Shares of capital stork of ,,„-,, • 
 
 this State, when owned bj !■• 
 
 this Mate" no, to be BUbj. 
 
 in" or hereafter made. | Del IX 
 Capital, surplus and personal i 
 
 state ai'M specified date solel 
 
 ,„, mortg ages on country pro| 
 
 6 per cent, "with powei 
 
 issued by the various | 
 
 palities of th. 
 
 of their organization | 
 
 cash capital of not 1- - '
 
 1-t-S State Constitutions 
 
 TAXATION (Cont'd) 
 
 Exemptions ( Con t'd ) 
 
 Corporations (Cont'd) 
 
 exemption if it charges more than 6 per cent, or if it nego- 
 tiate or handles other securities than those named herein; state 
 examiner of banks to report to attorney-general violations of 
 
 this exemption. (La. 230.) 
 Steamship companies, their capital stock and all property cor- 
 poreal and incorporeal to be exempt from " taxes and licenses, 
 state, parish, levee and municipal both general and special " 
 for 15 years from date of filing proof that capital is full 
 paid in cash; companies to have benefit of this exemption must 
 comply with conditions specified in detail; exemption not to 
 include leased property or chartered ships nor vessels in the 
 coast trade or in foreign trade not touching Louisiana ports. 
 
 (La. 230.) 
 Surrender of claim to exemption to be condition of benefit of any 
 change by general or special act in existing charters, and ac- 
 ceptance of benefit of such change to be conclusive presumption 
 of surrender of such exemption from taxation and such cor- 
 poration thereafter to be subject to taxation as if no such 
 exemption ever granted. (Md. Ill 48.) 
 Exemptions to which corporations legally entitled at adoption of 
 constitution to remain in effect for the time of such exemptions 
 expressed in the corporate charter or by general laws " unless 
 sooner repealed by the legislature". (Miss. VII 1S1.) 
 County Property 
 
 To be exempt. (Ariz. IX 2; Ida. VII 4; Mont. XII 2; N.M. VIII 
 
 3; X.D. XI 176; Okla. X 6; Wash. VII 2; Wyo. XV 12.) 
 Real and personal to be exempt. (Ala. IV 91; Colo. X 4; Mo. 
 
 X 6; Xebr. IX 2; S.D. XI 5.) 
 Real and personal property of may be exempted by general law. 
 
 (111. IX 3.) 
 Used exclusively for public purposes and not for revenue to be 
 
 exempt. (S.C. X 4.) 
 Property used exclusively for county purposes to be exempt. 
 
 (Kan. XI 1.) 
 Owned by county and used exclusively for county purposes, to be 
 exempt; buildings or land leased or "a source of revenue" not 
 to be exempt. (Va. XIII 183 a.) 
 Property belonging to county or to " city and county " to be 
 exempt; but lands and improvements thereon located outside 
 the county which were subject to taxation at the time of their 
 acquisition by the county not to be exempt ; but improvements 
 subsequently constructed on such land to be exempt. (Cal. 
 
 XIII 1.) 
 Property held by county and " used exclusively for public or 
 
 corporation purposes" may be exempted. (Tenn. II 28.) 
 Held only for public purposes such as public buildings and sites 
 therefor, fire engines and " furniture thereof ", and all prop-
 
 Im.ix Ik 
 
 TAXATION (Cont'd) 
 
 Exemptions (Cont'd) 
 
 County Property (Cont'd) 
 
 crty used oi intended foi • >.\i 
 and nil other propertj di 
 benefil of the public, to be exempt 
 Debts 
 
 No tax to be assessed upon anj 
 
 personal propertj while own< d bj i mdl 
 current year of Buch rental i i 
 propertj be assessed a4 its full 
 Disabled Persons, Property of 
 
 There shall be exempl From I >■■■ <• 
 "to every person thai baa losl 
 
 Drainage, Set below, this subd 
 
 Education, Property Devoted to 
 
 Lots in incorporated cit ies 01 towi 
 to the exteni of one acre, and lol - 
 from such cities or towns to the exk 
 ings thereon, to be exempl vvhi 
 
 Property of educational institution* 
 
 held for profit maj be exempted bj 
 "Libraries and grounds used exclusivelj I 
 
 mid school buildings and ap] 
 
 Property used exclusively for p 
 
 \H 
 
 Buildings, equipment, grounds on wh 
 exceeding 100 acres, Be uril ies an I ii 
 institution of collegiate grade within - 
 profit, used exelusivelj foi purpo* 
 
 Property belonging to specified i 
 
 exempt; bul legislature maj i 
 
 this exemption. (Cal. 1\ 
 Lots with buildings thereon if buildii 
 
 sively for school purposes to 
 
 vided bj general law. (I ol. 
 Real and personal propertj used foi 
 
 from taxes and a uenl 
 
 Property may be exempted bj I 
 
 ( ,.1 ;1 ; IX 1; tnd. \ I. N'« * 
 Propertj of corporations fo. n< 
 
 be exempted bj Law. S« • HTI 5 
 property of schools, colleges and 
 
 exempt; bul as to rea
 
 1430 State Constitutions 
 
 TAXATION [Cont'd) 
 
 Exemptions (Cont'd) 
 
 Education, Property Devoted to (Cont'd) 
 
 beyond buildings and premises actually occupied by such insti- 
 tution " although connected with charitable objects". (S.C. 
 
 X 4.) 
 
 Buildings erected for and used as college, incorporated academy 
 
 or other seminary of learning, may be exempted by law when 
 
 not used for purposes of private or corporate profit or income. 
 
 (Ga. VII Sec. II 2.) 
 Property used exclusively for school purposes may be exempted. 
 
 (111. IX 3; Nebr. IX 2.) 
 Property used exclusively for educational purposes to be exempt. 
 
 (Kan. XI 1.) 
 Educational institutions not used for gain by any person or cor- 
 poration and income of which is devoted solely to education, to 
 
 be exempt. (Ky. 170.) 
 All buildings and property used exclusively for colleges and 
 other school purposes to be exempt when not leased for pur- 
 poses of private or corporate profit or income. (La. 230.) 
 Colleges, universities, academies and seminaries of learning, and 
 
 public school houses to be exempt. (Minn. IX 1.) 
 Lots in incorporated cities or towns, or within one mile of limits 
 thereof to extent of one acre and lots one mile or more dis- 
 tant from such cities or towns to extent of five acres with the 
 buildings when used exclusively for schools " may be 
 exempted" by general law. (Mo. X 6.) 
 School district property to be exempt. (Mont. XII 2; X.M. VIII 
 
 3; Utah XIII 3; Wash. VII 2; Wyo. XV 12.) 
 Property used exclusively for educational purposes may be 
 
 exempted. (Mont. XII 2.) 
 All property used for educational purposes to be exempt. (N.M. 
 
 VIII 3.) 
 Property held for educational purposes may be exempted. (X.C. 
 
 V 5.) 
 Property used exclusively for school purposes to be exempted by 
 
 general law. (N.D. XI 176; S.D. XI 6.) 
 Public school houses may be exempted by general laws, subject 
 
 to alteration and repeal. (Ohio XII 2.) 
 Property used exclusively for schools and colleges to be exempt. 
 
 (Okla. X 6.) 
 Property held and used for purposes purely educational may be 
 
 exempted. (Tenn. II 28.) 
 " Buildings used exclusively and owned by persons or associations 
 of persons for school purposes and the necessary furniture of 
 all schools " may be exempted by general law. Endowment 
 funds of institutions of learning not used " with a view to 
 profit and when invested in bonds or mortgages or in land or 
 other property bought in by such institution under foreclosure 
 sale to protect such bonds or mortgages " may be exempted by
 
 I M ' I \ I • 
 
 TAXATION (Cont'd) 
 Exemptions [Cont'd) 
 
 Education, Property Devoted to 
 general la* ; but theexempl 
 in t.. continue only foi I 
 
 
 Property owned by school disti 
 
 lie sell,,,,] purposes, to be ex< npl ; 
 
 " a source at revenue " not U 
 Buildings and land thej ... tuallj •• 
 
 bags, books an<l instruments then 
 
 cational purposes " belonging 
 
 churches, public libraries, ii 
 
 industrial schools, Bern in u 
 
 tiona of learning including \ irgii 
 
 " which are not incoi porations bai 
 
 wise owned li\ individual- or Othi 
 
 with adjacenl land- owned bj such 
 educational institutions as maj be reaaoMbl 
 convenient use of such buildii 
 as residence- bj officers oi instruct - 
 nieiit funds held l>_\ sucli libraries m 
 directly or in trust and not invested 
 such libraries and educational institutioi 
 for profit of any person or corporation 
 pretense whatsoever" to be exempt, l»ui legu it 
 This exempt inn ool t<> spplj to induMtrml - I 
 property of the Btate which do 
 manufacture and sell art hie- in lb 
 located; but this nol to restrict such school 
 for or selling it- own produi ts, or otto 
 or employees. Buildings or land 
 enue or profit " to be liable to taxatioi 
 ings in same county, city or town Va. XII 
 Property used foT educational pnr|* 
 
 Expositions 
 
 No tax. license fee or charge of anj kii 
 against property of Panam 
 in connection with exhibit* 
 Family Supplies 
 
 For home and farm use to be 
 two-thirds voite of members elect of both 
 
 Farm Products 
 
 Growing crops to be exen ■ I. XIII 1 
 
 Legislature may exempt " farm | 
 
 grown in this state and remainii 
 
 ducer, but m" longer thai
 
 1432 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Exemptions (Cont'd) 
 
 Farm Products {Cont'd) 
 
 Crops in the hands of the producer grown in the year in which 
 
 assessment made to be exempt. ( Ky. 170.) 
 Legislature to exempt direct products of soil in hands of producer 
 
 and his immediate vendee. (Tenn. II 28. ) 
 To be exempt in hands of producer until otherwise directed by 
 two-thirds A'ote of members elect of both houses. (Tex. 
 
 VIII 19.) 
 Federal Property, See below, this subdivision. United States, PROP- 
 ERTY OF. 
 
 Forests 
 
 Areas devoted exclusively to, may be exempted in whole or in 
 
 part. (Ohio II 36.) 
 Inheritances 
 
 Portion of each estate not exceeding $20,000 may be exempt. 
 
 (Ohio XII 7.) 
 Grape Vines 
 
 Under age of three years from time of " planting in vineyard 
 form " to be exempt; and nothing in article to be construed to 
 subject such grape vines to taxation. (Cal. XIII 12%.) 
 Horticultural Societies, See above, this subdivision. Agricultural 
 
 AND HORTICULTTRAL SOCIETIES. 
 
 Hospitals 
 
 If public to be exempt. (Minn. IX 1.) 
 
 Property used exclusively for may be exempted. (Mont. XII 2.) 
 
 Improvements on Land 
 
 Legislature may exempt limited amount of. (Ida. VII 2.) 
 
 Income 
 
 Part not exceeding $3,000 may be exempt. (Ohio XII 8.) 
 Indian Lands 
 
 Lands owned by Indians under grants from Congress exempting 
 such lands to be exempt so long and to such extent as may be 
 provided by act of Congress making grant. This irrevocable 
 without consent of United States. (Ariz. XX Fifth; Mont. 
 Ord. Xo. 1 (2) ; X.M. XXI 2; X.I). XVI 203 (2)'; S.D. XXII 
 (2) ; XXVI 18 (2) ; Utah III (2) ; Wash. XXVI (2) ; Wyo. 
 
 Ord. 3.) 
 
 Property exempted by treaties between United States and Indians 
 
 or by Federal laws to be exempt during force and effect of such 
 
 treaties or laws. (Okla. X (i. ) 
 Insurance 
 
 Legal reserve of life insurance companies organized under bins 
 of state to be exempt. (La. 230.) 
 
 Irrigation 
 
 Capital stock, franchises and property of corporations construct- 
 ing, owning and operating canal system for irrigation, naviga- 
 tion and power purposes, completed within five years, and
 
 I M>l..\ I I 
 
 TAXATION (Cont'd) 
 Exemptions | Cont'd) 
 Irrigation (Cont'd) 
 
 "I"" 1 wWch S3. 
 
 exerapl for 10 yeara from dab 
 
 "Communitj ditchee and all i 
 drainage to be exempt. (N M. \ in 
 
 Libraries 
 
 " Libraries and ground 
 
 Property used for free public to i» 
 
 Heal and personal propertj of pub! 
 Real and personal estate of publi< 
 not used for purposes "i j 
 
 Properly of public, to I"- exempt (Ida VII 
 
 Public, to be exempt. (Ky. 17"; \ \| \i 
 Endowment and income of propertj 
 
 nance of public to be exempt. 
 Real and personal estate of anj publii li 
 
 Library association used by "i connected •■ 
 
 all buildings and property used exclusivt 
 
 lections t<> be exenipi when not leased 
 
 or corporate profit or income. 
 Legislature may exempt. (N.C. \ 
 Property of public to be exempt ; bul 
 
 tion not to extend beyond building* 
 
 occupied thereby " although conne< I 
 
 Literary Purposes, Property Devoted to 
 Property may be exempted bj la 
 
 Eeal and personal estate of literarj 
 connection with public Librarj 
 not used for purposes of pi 
 
 Propertj used exclusivelj for to b< 
 Legislature maj exempt propertj held 
 Property held and used for purp 
 
 Propertj belonging to specified Li 
 and associations to be exempt, but 
 inga or land Leased oi 
 liable to taxation aa other Land or buildn 
 
 ! IK 
 
 Property used for maj: be exen pi NN Vl 
 
 i.
 
 1434 State Constitutions 
 
 TAXATION ( Cont'd ) 
 Exemptions (Cont'd) 
 Loans 
 
 See also below, this subdivision, Mortgages. 
 
 Loans by life insurance companies to policy holders solely on 
 security of their policies and the notes evidencing such loans 
 to be exempt, provided rate of interest on such loans does not 
 exceed 5 per cent, per annum discount. (La. 230.) 
 
 Loans of homestead associations or societies to their members 
 secured by stock of association or society to be exempt. (La. 
 
 Amend. Act 52 of 1914.) 
 Manufacturing 
 
 Legislature may by general law exempt for " term of seven 
 years from the ratification of this constitution" (1874) the 
 capital invested in any kind of manufacturing business in 
 the state under such regulations and restrictions as may be 
 prescribed by law. (Ark. X 3.) 
 
 Legislature may authorize incorporated cities and towns to 
 exempt manufacturing establislunents from municipal taxation 
 for a jjeriod not exceeding five years " as an inducement to 
 
 their location". (Ky. 170.) 
 
 '" Legislature may grant exemption from taxation in the en- 
 couragement of manufactures and other new enterprises of 
 public utility extending for a period not exceeding five years; 
 but the time of such exemptions to commence from date of 
 charter, if to a corporation and if to an individual enterprise 
 then from the commencement of work " ; but when legislature 
 grants such exemptions for period of five years or less it shall 
 lie done by general laws which shall distinctly enumerate 
 classes of manufactures and other public utility enterprises 
 entitled to exemptions and shall prescribe mode and manner 
 of determining right to such exemption. (Miss. VII 1S2.) 
 
 General laws to authorize exemptions by cities and towns of all 
 property used for manufactories, within their limits from 
 municipal taxation for a period not longer than 10 years. 
 Purpose stated to aid and encourage establishment of such 
 
 works. (Miss. VII 192.) 
 
 Legislature may authorize any incorporated city or town by 
 majority vote of its electors in favor thereof to exempt manu- 
 facturing establishments from municipal taxation for not ex- 
 ceeding five years as an inducement to their location. (Okla, 
 
 X 6. 1 
 
 Cities and towns may exempt by general or special ordinance, 
 except for school purposes, manufactories established within 
 limits thereof for five successive years from establishing such 
 manufactories. Ordinance to be ratified by majority of quali- 
 fied electors voting at election held for purpose. (S.C. VIII 8.) 
 
 " Xo article manufactured of the produce of this state shall be 
 taxed otherwise than to pay inspection fees." (Tenn. II 30.)
 
 I M I 
 
 
 TAXATION (Cont'd) 
 
 EXEMPTION 8 ' <*'/l 
 
 Mechanical Implements 
 
 Legislature may exempt. > \ < \ 
 Mining Capital 
 
 Legislature maj by general law exempl 
 from the ratification of th 
 invested in any kin. I of mining I 
 such regulations and n 
 
 Money 
 
 All money in hand or on deposit to >«*»4 
 
 Monuments 
 
 Buildings and property used exclim 
 be exempt when nol leased foi pur] 
 
 I" ' 
 Mortgages 
 
 See also above, this subdivis on, < 
 "A mortgage, deed of trust, eonti 
 
 iii£ a debt for the payment <>f which limit 
 curity " together with the monej r • • j ■ • 
 not to be considered pi ■ i 
 
 Loans on mortgages on real i 
 mortgages to Becure Biich loans and I 
 instruments evidencing such loans whethei 
 gagee or his assignee t<> l>e exempl 
 
 On real ami personal propertj : • '■• exempl 
 
 Municipal Corporation Property 
 
 To be exempt. (Ariz. IX 2; Ma VII 
 
 \ c \' 5; X.l>. XI 176; Okls X I 
 
 \ I 
 
 Real and personal to 1 xempl IV I 
 
 Property used exclusively for muniriri 
 
 •• Municipal property " to be exempt 
 
 lie purposes and not foi r< 
 i-o be exempt; but lands and 
 
 aide the municipalitj and which 
 
 time of their acquisition by the m 
 
 but improvements MiWquentlj 
 
 Real and personal maj be • 
 May be exempted bj Law. Kei VIII 2 
 Property may be exempted b, la« I 
 IX l;Ind.X 1; W X I; On X
 
 1436 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Exemptions (Cont'd) 
 Museums 
 
 If free, property used for to be exempt. (Cal. XIII 1 ; Okla. X 6.) 
 All property belonging to specified institution for " maintenance 
 of a free museum to be exempt; but legislature may modify, 
 suspend and "revive" this exemption. (Cal. IX 12.) 
 All buildings and property used exclusively for historical col- 
 lections to be exempt when not leased for purposes of private 
 or corporate profit or income. (La. 230.) 
 Personal Property 
 
 Of householders to amount of $100 to be exempt. Articles 
 
 selected by them. (Cal. XIII 10%.) 
 Of head of family to extent of $200 to be exempt. (Colo. X 3.) 
 To amount of at least $200 for each family, to be exempt, (Kan. 
 
 XI 1.) 
 Of person with family not exceeding $250 to be exempt. (Ky. 
 
 170.) 
 Household and kitchen furniture to value of $500 to be exempt. 
 
 (La. 230.) 
 Of each household, individual or head of a family, not exceeding 
 
 $200 in value, may be exempted. (Minn. IX 1.) 
 Legislature may exempt household and kitchen furniture. Legis- 
 lature may exempt personal property to amount not exceeding 
 
 $300. (X.C. V 5.) 
 Of each " head of family ", to amount of $200, may be exempted 
 
 by legislature. (KM. VIII 5.) 
 
 Legislature to exempt by general law, not exceeding $200, for 
 
 each individual liable to taxation. (N.D. XI 176; S.D. XI 6.) 
 
 Of each individual, not exceeding $500, may be exempted by 
 
 general laws subject to alteration and repeal. (Ohio XII 2.) 
 
 Of all ex-Union and ex-Confederate soldiers bona fide residents 
 
 of state and their widows who are heads of families and bona 
 
 fide residents of state, not exceeding $200, to be exempt. 
 
 Household goods of " heads of families " and tools, implements 
 
 and live stock employed in support of family, not exceeding 
 
 $100. to be exempt, (Okla. X 6.) 
 Legislature to exempt $1,000 worth in hands of each taxpayer. 
 
 (Tenn. II 28.) 
 Household and kitchen furniture of each family in state to be 
 
 exempt to amount of $250. (Tex. VIII 1.) 
 Of each head of family liable to assessment and taxation under 
 the laws of state " of which the individual is the actual bona 
 fide owner" to the amount of $300 may be exempted. (Wash. 
 
 VII 2.) 
 Public Property 
 
 To be exempt if used for public purposes. (Ky. 170.) 
 To be exempt if used exclusively for public purpose. (Ark. 
 
 XVI 5; Minn. IX 1.)
 
 1 K I Ml. I -I 
 
 
 TAXATION {Cont'd) 
 Exemptions i Cont'd) 
 
 Public Property i Cont'd I 
 
 To be exempt when nol leased foi pur] 
 
 pro! 
 May be exempted by in« whai n 
 
 or corporate profll or income (Ot \ 1 1 
 Property used exclusively foi publ c purj 
 
 bj genei il i 
 May be exempted by gene*al I i 
 
 if used exclusivelj for public pin 
 May l>e exempted by general laws if am 
 
 l\ i . 
 May be exempted b] law. | \\ V"a. \ 
 Public Utilities 
 
 " Legislature maj granl exempti 
 eouTagemenl of manufa. tun 
 public utility extending for a period 
 but the time of such exemptions I • 
 charter if to a corporation and if to an 
 then from the commeneemeul of worl 
 grants such exemption's for period o\ 1 1 v . 
 be done by general laws which Bhall dint ii 
 classes of manufactures and other public utility 
 entitled to exemptions and 3haU prescribe m< 
 of determining righl 1" Buch exemption, i Mi--. \11 
 General laws to authorize exemptions bj cition and 
 property used for gas work-, water works and 
 of public utility other than railroads within tl 
 municipal taxation for a period nol lonj 
 Purpose stated to aid and encoui 
 
 worku '- ; .-- VII 
 Legislature may authorize an\ ii 
 majority vote <>f its electors in favor thei 
 utilities from municipal taxation for nol 
 as an inducement to their location. (Ok 
 
 Railroads 
 
 Any railroad or part of railroad constru 
 
 1909 to be exempt for period of 1" years whetl 
 property of present owner or ' 
 provisions specifying limits of th 
 from it depots, warehouw - and othei 
 
 Religion, Property Devoted to 
 
 Lots in incorporated cities or I ■■ 
 to the extent of one a 
 from such cities or towns to th. 
 
 ings thereon; to be exempi when n 
 
 6
 
 1438 State Constitutions 
 
 TAXATION (Cont'd) 
 Exemptions ( Con t'.d ) 
 
 Religion, Property Devoted to (Cont'd) 
 
 Property of religions associations or institutions not used or held 
 
 for profit may be exempted by law. (Ariz. IX 2.) 
 Churches used as such, to be exempt. (Ark. XVI 5,) 
 " All buildings and so much of the real property on which they 
 are situated as may be required for the convenient use and 
 occupation of said buildings " when used exclusively for 
 religious worship to be exempt; but buildings rented for 
 religious purposes and rent received by owner thereof, not to 
 
 be exempt. (Cal. XIII 1%.) 
 Property belonging to specified institution " for the advance- 
 ment of science " to be exempt ; but legislature may modify, 
 suspend and "revive" this exemption. (Cal. IX 12.) 
 Lots with buildings thereon if buildings used exclusively for 
 religious purposes to be exempt, unless otherwise provided by 
 
 general law. (Colo. X 5.) 
 Property may be exempted by law for religious purposes. ( Fla. 
 
 IX 1; Ind. X 1; Ore. X 1; S.C. X 1.) 
 Church and parsonage property to be exempted; but as to real 
 estate this exemption not to extend beyond buildings and 
 premises actually occupied thereby " although connected with 
 
 charitable objects". (S.C. X 4.) 
 
 Places of religious worship may be exempted by law when not 
 
 used for purposes of private or corporate profit or income. 
 
 (Ga. VII Sec. II 2.) 
 
 Property used exclusively for religious purposes may be" exempted 
 
 by general law. (111. IX 3; Nebr. IX 2; N.D. XI 176; S.D. 
 
 XI 6.) 
 Property used exclusively for religious purposes to be exempt. 
 
 (Kan. XI 1; Okla. X 6.) 
 Places actually used for religious worship " with the grounds 
 attached thereto and used and appurtenant to the house of 
 worship " not exceeding one-half acre in cities and towns, or 
 two acres in the country, to be exempt. Parsonages owned 
 by religious society and occupied solely as home by minister, 
 with appurtenant ground not exceeding one-half acre in towns 
 and cities, and two acres in country, to be exempt. (Ky. 170.) 
 Places of religious worship, rectories and parsonages or churches 
 and grounds appurtenant used exclusively as residences for 
 ministers in charge of such churches to be exempt when not 
 leased for purposes of private or corporate profit or income. 
 
 (La, 230.) 
 All church property to be exempt. (Minn. IX 1; N.M. VIII 3.) 
 All churches and houses of worship to be exempt. (Minn. IX 1.) 
 Lots in incorporated cities or towns, or within one mile of limits 
 thereof to extent of one acre and lots one mile or more dis- 
 tant from such cities or towns to extent of five acres with the
 
 ■ Index Dig] 
 
 TAXATION (Cont'd) 
 Exemptions i Cont'd) 
 
 Religion, Property Devoted to | 
 buildings used exolu ivelj 
 exempted" bj genera] law. 
 Property used ^eluaivelj 
 
 "iay be exempted. | Mont Ml 
 
 Property of corporal - fori 
 
 exempted by law. (Nev. \ III 
 Property held for religious purp ' 
 
 Houses used exclusively for pul 
 general laws, subject to 
 
 Actual places of religious worship ma 
 
 lav 
 Endowment funds of institutions of • 
 
 view to profit - and when > 
 
 land or other propertj bought in by hiu-Ji ii 
 
 foreclosure sale to prot« t su< h 
 
 exempted by general law; but the ■ 
 
 property .so bought in to continue onlj 
 
 pui 
 
 Property held and used for purp 
 
 - 
 Lots with buildings thereon used exclusive!) 
 
 ship to lx>. exempt. (Utah Mil 3; W 
 Lots with buildings thereon used exclusive!) 
 
 sonages" (parsonages) to be exempt 
 Buildings with land they art mill. 
 
 nishings therein, lawfully owned b) 
 
 bodies and wholly and exclusively 
 
 or for residence of minister, together with 
 
 sonably necessary for convenient use 
 
 exempt; but legislature maj tax Bu 
 
 a '•source of revenue or profit" to I*- Ii a* 
 
 other land or building in same 
 
 Real estate belonging to and exclusively 
 
 property including endowment fund- )■ 
 
 Christian Association and similar r> : 
 
 nunneries, which ai e not cond i 
 
 completelj as charities, to be exempt; ; 
 
 Buildings or land leaxd >>i 
 
 be liable to taxation as other land ><t I 
 
 city or town, i \ a. Mil 
 Property used for religious pui 
 
 Schools, See above, t)
 
 1440 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Exemptions (Cont'd) 
 
 Scientific Instruments 
 
 Legislature may exempt. (X.C. V 5.) 
 
 Philosophical apparatus may be exempted by law provided not 
 used for purposes of private or corporate profit or income. 
 
 (Ga. VII Sec. II 2.) 
 Philosophical apparatus to be exempt when not leased for pur- 
 poses of private or corporate profit or income. (La. 230.) 
 Scientific Purposes, Property Devoted to 
 
 Property may be exempted by law for. ( Fla. IX 1 ; Ind. X 1 ; 
 
 Nev. X 1; Ore. X 1; S.C. X 1.) 
 Property used exclusively for, to be exempt. (Kan. XI 1.) 
 Property held for may be exempted. (N.C. V 5.) 
 Property held and used for purposes purely scientific may be 
 
 exempted. (Tenn. II 28.) 
 Property used for may be exempted by law. (W.Va. XL) 
 State Property 
 
 To be exempt. (Ariz. IX 2; Cal. XIII 1; Ida. VII 4; Mont. 
 XII 2; N.M. VIII 3; X.C. V 5; Okla. X 6; Utah XIII 3; 
 
 Wash. VII 2; Wyo. XV 12.) 
 Real and personal to be exempt. (Ala. IV 91; Colo. X 4; Mo. 
 
 X 6; Nebr. IX 2; S.D. XI 5.) 
 Property used exclusively for state purposes to be exempt. (Kan. 
 
 XI 1.) 
 Directly or indirectly owned by state however held to be 
 
 exempt. (Va. XIII 183 a.) 
 Real and personal may be exempted by general law. (111. IX 3.) 
 Property held by state and " used exclusively for public or cor- 
 poration purposes" may be exempted. (Tenn. II 28.) 
 Steamship Companies, See above, this subdivision, Corporations. 
 Stocks, See above, this subdivision, Corporations. 
 Territorial Laws, Property Exempt Under 
 
 All property not specified in the exemption provisions of con- 
 stitution but exempt under laws of territory to be exempt 
 until otherwise provided by law. (Ida. VII 5; Okla. X 6.) 
 Town Property 
 
 To be exempt, (Ida. VII 4; Mont. XII 2; X.M. VIII 3; Utah 
 
 XIII 3; Wyo. XV 12.) 
 Real and personal to be exempt. (Colo. X 4.) 
 Held only for public purposes such as public buildings and 
 sites therefor, fire engines and " furniture thereof ", and all 
 property used or intended for extinguishing fires, public 
 grounds and all other property devoted exclusively to the use 
 and benefit of the public, to be exempt. (Tex. XI 9.) 
 Owned by town and used exclusively for town purposes, to be ex- 
 empt; buildings or land leased or "a source of revenue" not 
 to be exempt. (Va. XIII 183 a.) 
 Property held by towns and used exclusively for public or cor- 
 poration purposes may be exempted. (Tenn. II 28.)
 
 l.\hi -. hi. 
 
 TAXATION (Cont'd) 
 
 Exemptions (Cont'd) 
 Township Property 
 
 I sed exclusively for public purpi 
 
 Trees 
 
 Kruii and nut bearin ■ 
 of '• planting in orchard form " I 
 article to be construed to subj I 
 
 . 
 United States, Property of 
 
 To ho exempt. Mai. \!ii 1 : [da. VI] 
 
 XII 2; X..M. \ 111 3; \.|). \| i:,, 
 
 Wash. \ II 
 Real and personal to be exempl 
 Federal property to mpl \ri. . i J 
 
 Xo tax to be imposed on lands of I • 
 
 No taxes to be imposed bj on land 
 
 to or purchased after adoption i 
 
 No taxes to be imposed on lands or 
 purchased by United Stati 
 tion constitution. This irrevi 
 States. (Ariz. XX Fifth; Ida. \\ 
 X.M. XXI 2: X.D. XV] 203 - 
 Second, XXVI 18 Second; Utah MI J . v 
 
 Vessels 
 
 See also above, this subdivisi 
 Of more than 50 tons burden 
 and engaged in transportation fi 
 from taxation excepl for »ta1 
 
 War Veterans — Property of 
 
 To amount of $1,000 to be exem.] I I 
 diers, sailors or marines who 
 their widows, father- or n. 
 of state; if veteran does ool hav« 
 much of his wife'fl pri 
 person claiming this exemption own* 
 erty, or in ease of v< teran clain 
 amount of propert; • -\ ! 'l !'i 
 
 Widow's Property 
 
 Not exceeding $1, I Bhall bfl 
 
 total assessment does not 
 
 To value of $200 shall b< 
 
 ily dependent on her fox supp 
 Wearing Apparel 
 
 Legislature may exempt. I N.C. \ 
 
 4G 
 
 i. -■
 
 J 4-t2 State Constitutions 
 
 TAXATION {Cont'd) 
 Uniformity 
 
 " Rule of taxation shall be uniform." (Wis. VIII 1.) 
 
 Legislature to tax by uniform rule. (Ohio XII 2.) 
 
 "All taxation shall be equal and uniform. All taxes shall be uniform 
 on all property." (S.D. VI 17, XI 2.) 
 
 All taxation to be "equal and uniform". (Ore. I 32; Tex. VIII 
 
 l;Wyo. I 28.) 
 
 "Taxation shall be uniform and equal throughout state." (Miss. 
 
 IV 112; W.Va. XL) 
 
 All property subject to taxation to be taxed according to its value, 
 " making the same equal and uniform throughout the state ". 
 
 (Ark. XVI 5.) 
 
 Property to be taxed according to value " so that taxes shall be 
 equal and uniform throughout the state". (Tenn. II 28.) 
 
 Taxes levied by any county, city, town or township to be uniform 
 and ad valorem upon all property except property exempted by 
 
 constitution. (N.C. VII 9.) 
 
 Legislature to provide by law uniform rule of taxation except on 
 property paying specific tax. (Mich. X 3.) 
 
 Legislature to provide uniform rule of taxation for property assessed 
 by state board of assessors, and the rate to be rate which board 
 determines as average rate levied upon other property upon which 
 ad valorem taxes are assessed for city, county, township, school 
 and municipal purposes. (Mich. X 3.) 
 
 All taxes shall be uniform upon the same class of subjects. (Ga. 
 VII Sec. II 1; Minn. IX 1; N.M. VIII 1; Okla. X 5.) 
 
 Taxes to be uniform on same class of subjects within territorial 
 limits of authority levying. (Ariz. IX 1; Colo. X 3; Del. VIII 1; 
 Ida. VII 5; Ky. 171; Mo. X 3; Mont. XII 11; Pa. IX 1.) 
 
 Taxes to be uniform upon same class of property including franchises 
 within territorial limits of authority levying. (X.D. XI 176.) 
 
 All taxes to be " ad valorem on all property subject to be taxed " 
 within territorial limits authority levying. (Ga. VII Sec. II 1.) 
 
 Taxation to lie equal and uniform through territorial limitation of 
 authority levying tax and all property to be taxed in proportion 
 to value ascertained as directed by law. Legislature to provide 
 system of equality and uniformity in assessments based on rela- 
 tive value of property in different parts of state. (La. 225.) 
 
 All taxes whether state, local or municipal, to be uniform upon same 
 chiss of subjects within territorial limits of authority levying tax. 
 
 (Va. XIII 168.) 
 
 Taxes imposed by municipal corporations for corporate purposes 
 other than local improvements required to be uniform in respect to 
 persons and propertv within the jurisdiction of the body imposing. 
 
 (111. IX 9; Xebr. IX 6.) 
 
 Taxes assessed by corporate authorities of counties, townships, 
 school districts, cities, towns and villages for corporate purposes 
 to be uniform in respect to persons and property within jurisdic- 
 tion of body imposing. (S.C. VIII 6, X 5.)
 
 ' I M > I \ Die 
 
 TAXATION (Cont'd) 
 Uniformity {Cont'd) 
 
 Taxes levied by municipal c. 
 to persona and property within thi 
 tag the same". (8.D. XI 10; w isr, \ U 
 City, town and village tax.- • 
 and property within jurisdiction 
 
 Nothing in constitution to be 
 property for purpose of taxation. 
 
 No species of propertj from which 
 than other species of equal 
 peddlers, ferries, expositions and pri 
 
 Xo species of taxable propertj to 
 of same value, but this >l 
 diets and privileges. (Tenn. 11 2£ 
 
 No species of property from which a t.<\ d 
 higher than any other Bpeciee oi i (U 
 erty may be exempted. 1WA.1 
 
 "All taxes upon real and personal « 
 this state, shall be apportioned and 
 the just value thereof; but legislator 
 tax upon intangible personal propertj 
 wise and equitable without regard to I ■ ■ 
 classes of property." (Me. IX 8 Amend, I 
 
 "The portion of a merchant's eapital .->-«i in Ui 
 chandise sold by him to non-residi i 
 not be taxed at a higher rate than the 
 
 - Legislature to provide uniform and equal i ■■ 
 
 1; 
 Legislature to provide by law uniform and • 
 
 on all property in state (Wash. VII 2 
 Legislature to provide uniform and i 
 
 taxation. (Kan. XI 1: NTev. XI; 1 - 1 '• 
 Legislature to provide bj law "a uniform 
 
 ment and taxation on all propertj in th 
 
 value in money ". (Utah XTII ! 
 Legislature t.. lew uniform rate ■ 
 
 Legislature to provide for a uniform 
 
 (Ind. X 1; K;m. XI 1 ; tfsv. X 1. Ore l\ '■ 
 
 Assessment to be "by uniform rules" 
 All propert\ except a- otherw 
 
 " uniformly assessed for taxatii 
 Lands of citizens of Unit. 
 
 taxed at higher rate than lands of i 
 
 N.D. XVI 203 (2); Okl* I
 
 144-i State Constitutions 
 
 TAXATION (Cont'd) 
 
 Uniformity (Cont'd) 
 
 Lands of citizens of United States residing outside the state not to 
 be taxed at higher rate than lands of residents; this irrepealable 
 without consent United States. (Wyo. Ord. 3; S.D. XXII Second, 
 XXVI IS Second; Mont. Ord. No. 1(2) ; Nev. Ord. Ill (3) ; Ida. 
 XXI 19; Wash. XXVI (2).) 
 Lands and other property belonging to citizens of United States 
 non-residents of this state never to be taxed at higher rate than 
 lands and other property belonging to residents of state. This 
 irrevocable without consent of United States. (Ariz. XX Fifth; 
 
 KM. XXI 2.) 
 Lands of non-residents not to be taxed at higher rate than lands of 
 
 residents. (Mo. XIV 1.) 
 Non-resident proprietors not to be taxed higher than residents. 
 
 (Minn. II 3; Wis. II 2.) 
 
 " No distinction shall ever be made by law between resident aliens and 
 
 citizens as to * * * taxation * * * of property." (Wyo. 
 
 I 29.) 
 
 " No distinction shall ever be made by law between resident aliens 
 
 and citizens in reference to possession, enjoyment or descent of 
 
 property." (S.D. VI 14.) 
 Legislature to levy taxes by valuation so that every person or cor- 
 poration shall pay a tax in proportion to the value of his or her 
 or its property except as in constitution otherwise provided. All 
 "property" to be defined and classified by law. (Ida. VII 2, 3.) 
 Rate of taxation of corporate property to be same as that paid on 
 
 individual property. (Ky. 174.) 
 Property of private corporations, associations and individuals of state 
 " shall forever be taxed at the same rate " ; but this section not to 
 apply to institutions devoted exclusively to religious, educational 
 or charitable purposes. (Ala. XI 217.) 
 Legislative provision for taxation by Chicago to be " in accordance 
 with the principles of equality and uniformity " prescribed by con- 
 stitution. (111. IV 34.) 
 Initiative and referendum not to be used to pass law authorizing levy 
 of annual tax on land or land values or land sites at higher rate or 
 by difi'erent rule than is applied to improvements or to personal 
 
 property. (Ohio II 1 e.) 
 
 Legislature may allow lower rate to be imposed for period of years 
 
 by city or town on land added to corporate limits than is imposed 
 
 on similar land within its limits at time such land was added. (Va. 
 
 XIII 169.) 
 Special Assessments 
 
 Under this heading are digested only those provisions relating 
 specifically to assessments for benefits. For numerous provisions 
 relating to taxation ivhicli may also relate to special assess- 
 ments. See above, tins title generally.
 
 J.M' ; 
 
 TAXATION [Cont'd) 
 Special Assi 
 
 N<> city, town or oilier munii ip«] l 
 or street paving 01 
 value of assessed [ i 
 
 Laws may authorize incorporad 
 local i ir 1 1 > i u\ ement - \<; 
 
 Qui'-1 ions upon special asscssim 
 erty taxpayers; who shall also in all • 
 
 of the stale, and of the polit ic 
 
 ■ 
 
 Nothing in. const iiut ion to bi 
 thorizing 
 under regulations j i 
 
 majority in value of pr -r1 . h l< 
 
 locality tti be affected. Such 
 
 After filing i barter frarn 
 
 town maj provide a 
 
 of special as'si • l>\ mi 
 
 officials as provided in 
 Legislature may a ' 
 
 improvements 
 
 tiguous property or othei 
 Legislature may authorizi 
 
 upon properly benefited special 
 
 maintenance and repair of drains, dil 
 
 Legislature may authorize munii ipal 
 for local improvement on pi 
 
 Legislature may authorize corp 
 
 village s to make local impi 
 
 special taxation of 
 Legislature may authorize count 
 
 and colled ■ -nt- foi 
 
 fited thereby, "homest< 
 
 Legislature to provide 
 benefited " bj lev< 
 produced thereon to 
 necessarily incurred in 
 
 Municipality appropriating 
 may provide mon 3 th" •■ I 
 proper! v no\ in 
 

 
 1446 State Constitutions 
 
 TAXATION (Cont'd) 
 
 Special Assessments (Cont'd) 
 
 the improvement, but such assessments shall in no case be levied 
 for more than 50 per cent, of the cost of such appropriation. 
 
 (Ohio XVIII 11.) 
 
 Specified towns authorized to levy abutting property for specified 
 
 improvements on consent majority abutting property owners and 
 
 on condition that corporate authorities pay one-half cost. (S.C. 
 
 X 15 a.) 
 Corporate authorities specified cities and towns authorized to levy 
 on abutting property cost of specified improvements on consent 
 majority abutting owners and on condition that corporate author- 
 ities pay one-third cost. (S.C. X 16.) 
 Legislature may authorize specified cities and towns to levy on 
 abutting property for street improvements on consent two-thirds 
 abutting property owners and on condition that corporate au- 
 thorities pay one-half cost. (S.C. X 14.) 
 Legislature may authorize specified cities and towns to levy on 
 abutting property for street improvements on consent majority 
 abutting property owners on condition corporate authority to pay 
 one-third cost. (S.C. X 16.) 
 Legislature may authorize corporate authorities specified town to 
 levy on abutting property for street improvements on consent of 
 two-thirds abutting property owners and on condition corpo- 
 rate authority to pay one-half cost. (S.C. X 17.) 
 Legislature to provide for equitable assessments of lands drained to 
 pay necessary expenses of condemnation and drainage. (S.C. 
 
 Amend. 1. ) 
 Legislature may vest corporate authorities of counties, townships 
 and municipalities with power to construct and repair levees, 
 drains and ditches by special assessment on property benefited 
 according to benefits received. (S.D. XXI 6.) 
 Legislature may authorize cities, towns and villages to make local 
 improvements by special taxation of contiguous property or other- 
 wise. (S.D. XI 10.) 
 Except in cities and towns no taxes or assessments for local public 
 improvement to be imposed on abutting land owners; cities and 
 towns not to impose tax or assessment on abutting land own- 
 ers for street or other public local improvements except for mak- 
 ing an improvement on walkways upon then existing streets, im- 
 proving and paving then existing alleys and for construction or 
 use of sewers, and tax or assessment not to exceed peculiar bene- 
 fits resulting to abutting land owners. (Va. XIII 170.) 
 TAXING DISTRICTS 
 
 For provisions relating to power of such districts to incur debt, See 
 
 Districts — Taxixg Districts. 
 TELEGRAPH COMPANIES 
 
 See also Transmission Companies. 
 
 For provisions relating to all common carriers. See Common Carriers. 
 For provisions relating to all public service corporations, See Piblic 
 
 Service Corporations.
 
 l.NT.I.X |),, 
 
 TELEGRAPH COMPANIES [ConV 
 
 For provisims relating to all r.„ ,„.,.,! h»im»w». 
 
 Acceptance oi Stati CoNwmrnon 
 Must be filed in office of secretary oi 
 of any future legislation. (WjTO \ I 
 Appeals to Courts 
 
 From orders, etc., of 
 amount; cases tried summarily u 
 other eases. (La 
 Right of appeal on rate« fixed bj id 
 
 commissioners allowed; r.v 
 
 \ i: 
 Removal of cases involving or. I 
 lowed; such cases given pr< 
 
 As Common Carriers 
 
 Declared to be common carriers. (Wyo \ I 
 
 roi 
 Declared to be common carriers, and »» 
 
 (Ariz. XV ID: Ky. l'.i'i; \ |. \ll 142; W 
 Declared to be common earrii 
 
 \1 M. VII ■ 
 Declared to be common carriers vrhen pnpn 
 hire and subject to liability and • 
 Consent of Local Authorities 
 
 No law to be passed by legislatun 
 
 operate telegraph plant, without first obi 
 
 authorities in control of - b# 
 
 occupied for any such or like purpow 8.' ' • 
 
 To construction and operation in cities, mui 
 
 lages, See the subhead Publk I mini-- ymim |J 
 
 CONSOLIDATION 
 
 Not to consolidate or pool with, purcl 
 
 • 
 
 Not to consolidate stock, property, fnu 
 
 parallel or competing lines. Nebi XI 
 Not to consolidate with or hold oontrollii 
 
 bonds of any competing telegraph i 
 
 any competing " line of telegraph' 
 Not to consolidate with or hold controlling 
 
 bonds of anv competing fcelegrapfc 
 
 to acquire anv competing "line of telegi iph 
 
 \: « 
 
 Requires, in all cases, 80 
 
 prescribed by law. I Nebr; XI 
 Connections. 8m beUne, thia Htl; POWM I 
 
 f RFATIOX 
 
 Corporate powers and privileg 
 state, as prescribed bv law. or I 
 he is disqualified. <<;... Ill S* VT1
 
 1448 State Constitutions 
 
 TELEGRAPH COMPANIES (Cont'd) 
 
 Discrimination, See below, this title, Powebs and Duties. 
 Eminent Domain, See Eminent Domain. 
 Foreign Telegraph Companies 
 
 Must have agent to receive process in each county touched by line 
 
 as prerequisite to doing business. (Wyo. X Railroads 8.) 
 Must incorporate under domestic law, to exercise right of eminent 
 
 domain. (Okla. IX 31.) 
 Franks and Reduced Rates, See belmo, this title, Rates. 
 Legislative Control 
 
 Legislature may regulate and control rates but with right of appeal 
 
 to courts. (N.D. VII 142.) 
 Legislature shall regulate charges ; no state officer concerned with 
 regulation to be selected by corporation or be officer or stock- 
 holder thereof. (Cal. IV 33.) 
 Legislature to correct and prevent discrimination in charges to 
 extent of forfeiture of property and franchises. (Nebr. XI 7.) 
 Legislature to pass laws to regulate and limit rates ; officer to 
 regulate or limit such rates not to be selected by an officer or 
 stockholder in corporations regulated. (Cal. IV 32.) 
 Legislature to prevent abuses, discrimination and extortion in 
 charges and exercise supervision; to provide penalties to extent 
 of forfeiture of franchise. (Miss. VII 186.) 
 Municipal Aid, See " Cities", " Counties", " Districts", "Municipali- 
 ties ", " Towns ", " Townships ", and " Education — School Dis- 
 tricts ". 
 Penalties 
 
 Penalty for unlawful rates or violating orders of railroad com- 
 mission, $100 to $5,000. (La. 286.) 
 Powers and Duties 
 
 Associations, corporations or lessees of franchises organized for 
 
 purpose may construct and maintain lines and connect with 
 
 other lines. (Wyo. X Railroads 7.) 
 Associations or corporations organized for purpose may construct 
 
 and operate lines between any points, connect at state lines and 
 
 intersect, connect with or cross other lines. (Okla. IX 2.) 
 Associations or corporations organized for purpose or individuals 
 
 may construct and maintain lines and connect with' other lines; 
 
 legislature to regulate by general uniform law. (Ala. XII 239; 
 
 Colo. XV 13; Ida. XI 13; Mont. XV 14; Pa. XVI 12; S.D. 
 
 XVII 11.) 
 Associations or corporations organized for purpose or individuals 
 
 may construct and maintain lines; must receive and transmit 
 
 each other's messages without delay or discrimination. (Ky. 
 
 190; Wash. XII 19.,) 
 Lines operated for hire must receive and transmit each other's 
 
 messages without delay or discrimination and make physical 
 
 connections with other lines. (Okla. IX 5.) 
 Must be made by law to extend same equality and impartiality to all 
 
 users except employees and their families and ministers of the 
 
 gospel. (Wyo. X Railroads 2.)
 
 Lndi 
 
 TELEGRAPH COMPANIES i - 
 
 POWERS ami |)i i ii > [Co 
 
 Must, if operated For aire, * 
 Bages without del.,. 
 
 prescribed bj commission. (N.M. Xi 10.) 
 As Public Highways 
 
 Declared to be public highways. (Wy'o 
 As J'nsLic Utilities 
 
 Declared to lie public utilities and i 
 
 Railroad Rights 
 
 Telegraph companies maj construct lin< 
 railroads; railroads must give equal i 
 
 to all companies; general law to be | 
 Rates 
 
 Fixed and controlled by railroad comn 
 shorter than longer distance ohlj with p< 
 
 Fixed and controlled by Mate corj 
 
 consideration "to earnings, m » 
 
 whole within the slate ". | N.M. \| 7. i 
 For same kind of message not to 
 
 ing longer distance, except that air lini 
 
 in certain cases; state corporation con 
 
 other rates; exceptions enumerated. (N.M. XI 
 Free or reduced rates not forbidden in Bervi 
 
 eminent, charities or destitute or 
 May be fixed by railroad commission u ; 
 
 ferred bj I 
 Member of legislature, public officer, »r : 
 
 to public office, not to receiv< 
 
 or discrimination fur himself or nnol :Hc« tad 
 
 other penalties on recipient and donor; ii" privil 
 
 ing hut no liability if compelled to • 
 Public officer or person elected or a] 
 
 law r s of state not to receive or acce] 
 
 discrimination for himself or with an 
 
 other penalties on recipient and 
 
 immunity upbnj testifying. 
 
 When fixed by railroad commission 
 
 penalty payable state for each 
 
 || | 
 
 Right of Way 
 
 Legislature may grant easement Of 
 lands as right of way, which 
 
 .May construct lini 
 
 to : 
 
 Rieht of eminent domain »" 
 
 6 \9 I
 
 1450 State Constitutions 
 
 TELEGRAPH COMPANIES [Cont'd) 
 State Aid 
 
 See '• State Debt — Purposes ", •• State Finances — Expend- 
 itures ", 
 Ownership of stock, See Public Property. 
 Taxation 
 
 See Taxation — Objects a.\d Kinds of Taxation — Corporations. 
 See Taxation — Objects and Kinds of Taxation — Public Utili- 
 ties. 
 See Taxation — Local Taxes — Authority. 
 See Taxation — Assessment — Corporate Property. 
 See Taxation — Objects and Kinds of Taxation — Telegraph 
 
 Interests or Business. 
 TELEPHONE COMPANIES 
 
 See also Transmission Companies. 
 
 For provisions relating to all common carriers, See Common Carriers. 
 For provisions relating to all public service corporations, See Public 
 
 Service Corporations. 
 For provisions relating to all corporations, See Corporations. 
 Appeals to Courts 
 
 From orders, etc., of railroad commission allowed, irrespective of 
 amount; cases tried summarily and given preference over all other 
 
 cases. (La. is:,.) 
 
 Removal of cases involving orders of corporation commission allowed; 
 
 such cases given preference and heard at all times. (X.M. XI 7.) 
 
 Right of appeal on rates fixed by legislature or hoard of railroad 
 
 commissioners allowed; rates fixed stand pending appeal. (N.D. 
 
 VII 142.) 
 As Common Carriers 
 
 Declared to be common carriers. (Wyo. X Corporations 7.) 
 Declared to be common carriers, and subject to control by law. 
 
 (Ariz. XV 10; N.D. VII 142; Wash. XII 19.) 
 Declared to be common carriers, and subject to liability as such. 
 
 (Miss. VII 195.) 
 Connections, See below, this title, Powers and Duties. 
 Consent of Local Authorities 
 
 Xo law to be passed by legislature granting right to 'construct and 
 operate telephone plant, without first obtaining consent of local 
 authorities in control of streets or public places proposed to be 
 occupied for any such or like purposes. (S.C. VIII 8.) 
 To construction and operation in cities, municipalities, towns and 
 villages, See the subhead Public Utilities under the specific title. 
 Consolidation 
 
 Not to consolidate or pool with, purchase or operate, parallel or 
 
 competing lines. (Ky. 201.) 
 
 Not to consolidate with or hold controlling interest in stocks or 
 
 bonds of any competing telegraph or telephone company, and not to 
 
 acquire any competing "line of telegraph or telephone." (Ala. 
 
 XII 239; Mont. XV 14.)
 
 
 
 
 TELEPHONE COMPANIES (Cont'd) 
 
 Discmminations, See brf< title, i 
 
 Eminent Domain, Set I-.mim 
 Fokkhjn 'I i i.Ki'iKiM GoitPANlEa 
 
 Must Incorporate trader domestic lav 
 
 Franks and Redth h> Rates .. .• . 
 legislative ( ontbol 
 
 Legislature may regulate and control rat 
 
 Legislature to prevent abus< 
 
 and exercise supervision j to provide penal! 
 
 of 
 
 Penalties 
 
 ['(■unity for unlawful rates or violating ord< 
 
 on, $100 
 Powers and Duties 
 
 Associations or corporations organized for pui 
 and operate lines between any po I 
 intersect, connect with or cross other lines 
 Associations or corporations organized for pun 
 may construct and maintain lines; must I 
 other's messages without delaj or discrimination. 
 Associations or corporations organized f< t pur] 
 construct and maintain lines and connect with oil 
 Iature to regulate by general uniform law. (Ala. NIT 239; Ida. 
 
 XI 
 Lines operated for hire must receive and transmit • 
 sages without delay or discrimination and n 
 
 tion w ith other lin< 
 Must, if operated for hire. reoeiv( and transn I 
 without delay or discrimination and 
 
 -ci ili, d li\ commisc 
 Where operating exchanges or other publi 
 and cities to receive and transmit i 
 
 • lay or d 
 As Public Utilities 
 
 Declared to be public nt il • 
 
 mission 
 
 Railroad Rights 
 
 May construct lines along rights of « 
 
 he 
 
 Rates 
 
 Appeals to courts. See nhorr, this Htl 
 Free or reduced rates not forbidd 
 
 nient. charities or destitute of ind 
 Fixed and controlled by state eorpoi I • 
 sideration "to earnings, hn 
 
 within
 
 1452 State Constitutions 
 
 TELEPHONE COMPANIES (Cont'd) 
 Kates [Cont'd) 
 
 For same kind of message not to be more for shorter than including 
 longer distance, except that air line distance may be basis in cer- 
 tain cases; state corporation commission may prescribe other rates; 
 exceptions enumerated. (X.M. XI 10.) 
 May be fixed by railroad commission when power to do so is conferred 
 
 by legislature. (Cal. XII 23.) 
 Member of legislature, public officer, or person elected or appointed 
 to public office, not to receive or accept pass, franking privilege or 
 discrimination for himself or another; forfeiture of office and other 
 penalities on recipient and donor; no privilege from testifying, 
 but no liability if compelled to testify. (La. 191.) 
 Fixed and controlled by railroad commission; greater charge for 
 shorter than longer distance only with permission of commission. 
 
 (La. 284.) 
 
 Legislative control, See above, this title, Legislative Control. 
 
 Public officer or person elected or appointed to public office under 
 
 laws of state not to receive or accept pass, franking privilege or 
 
 discrimination for himself or with another; forfeiture of office 
 
 and other penalties on recipient and donor; no privilege from, 
 
 but immunity upon, testifying. (X.Y. XIII 5.) 
 
 When fixed by railroad commission remain in effect until set aside; 
 
 penalty payable state for each day sustained rate was suspended 
 
 by suit. (La. 286.) 
 Right of Way 
 
 Legislature may grant easement of 125 feet in width across state 
 lands as right of way, which land shall not be disposed of while 
 
 easement exists. (Ala. IV 99.) 
 May construct lines along rights of way of railroads; general law to 
 
 be passed thereon. (Wash. XII 19.) 
 Right of eminent domain extended to all telephone companies. (Wash. 
 
 XII 19.) 
 Taxation 
 
 See Taxation — Objects and Kinds of Taxation — Corporations. 
 See Taxation — Objects and Kinds of Taxation — Public Uttli- 
 
 ttes. 
 See Taxation — Local Taxes — Authority. 
 See Taxation — Assessment — Corporate Property. 
 
 TERRITORIAL JURISDICTION 
 
 Concurrent jurisdiction on boundary rivers, See Waters — Boundaries of 
 
 State. 
 Boundaries 
 
 Water boundaries. See Waters — Boundaries of State. 
 Boundaries defined. (Ala. II 37; Ariz. I; Ark. I; Cal. XXI; Colo. I; 
 Fla. I; Ida. XVII 1; 111. I; Ind. XIV; Kan. Preamble; Mich. I 1; 
 Minn. II 1; Miss. II 3; Mont. I; Xev. XIV 1; X.M. I; N.D. XVII 
 206; Ore. XVI 1; S.D. I 2; Tenn. I 31; Utah II 1; Wash. XXIV 1; 
 W.Va. II 1: Wyo. XI 1.)
 
 ■ 1 
 
 TERRITORIAL JTJRISDICTIO:. 
 BorxDARii 
 
 Boundary 
 
 Boundari* 
 
 Boundarh - 
 
 Boundaries to be and remain 
 Congress may make 
 
 Extension 
 
 If foreign territory 
 
 thereof rights and pri : ••. 
 
 inconsistent w i 
 money in • 
 
 Additional territory ma\ 
 with consent ( : 
 
 O!. ' 
 
 Limit? and jurisdiction 
 territory now aeqi 
 pact or agreement with ol 
 eluded in boundaries d 
 
 Legislature may consent I 
 to make same part of 
 boundaries betwei i 
 
 TITLES OF NOBILITY, See Hereditary Die 
 
 TOWNS 
 
 T'n ■ title a 
 
 class of municipalities. I 
 
 erally, and hence to tl 
 
 • also Townsui 
 Incorporation an;- 
 
 
 
 For provisions <■ 
 
 Ml-NIC I!-AL H( 
 
 In General 
 
 Legislatur 
 Legisl itui 
 
 islature 
 
 neral la 
 
 neral Ian *- * n '
 
 1-lo-i State Constitutions 
 
 TOWNS (Cont'd) 
 
 Incorporation and Organization (Cont'd) 
 In General (Cont'd) 
 
 Legislature to provide for incorporation and organization by 
 general laws subject to provisions of this article. (Ariz. XIII 
 
 1; Okla. XVIII 1.) 
 Legislature by general law to provide for organization of incor- 
 porated towns. (Ark. XII 3.) 
 Special or local legislation for incorporation of, forbidden. (Ariz. 
 IV 19, 17; 111. IV 22; Mo. IV 53; Nebr. Ill 15; N.M. IV 24; 
 N.D. II 69; Okla. V 46; S.C. Ill 34; ,S.D. Ill 23; Tex. Ill 56; 
 
 Wyo. Ill 27.) 
 Private or special legislation for incorporation of, forbidden. 
 
 (Ala. IV 104; Iowa III 30; Utah VI 26, 12; Wis. IV 31.) 
 Until otherwise provided by law to " continue their corporate 
 existence under the laws extended in force in the state " ; valid 
 ordinances to continue in force until altered, amended or 
 
 repealed. (Okla. Sched. 10.) 
 
 Legislature to provide for organization by general laws. (Colo. 
 
 XIV 13; Kan. XII 5; Mo. IX 7; Nev. VIII 8; N.C. XIII 4.) 
 
 Organization of each class to be provided for by general laws " so 
 
 that all municipal corporations of the same class shall possess 
 
 the same powers and be subject to the same restrictions ". 
 
 (Ky. 150.) 
 Legislature required to pass within time fixed by constitution 
 general laws for government of towns in accordance with con- 
 stitution. All acts of incorporation and amendments prior to 
 constitution except that respecting election of officers as pro- 
 vided by the constitution to continue in force until legislature 
 provides by general law for government of; and time limit fixed 
 within which legislature required to provide therefor by gen- 
 eral laws. (Ky. 166.) 
 Legislature to pass general laws under which towns may be 
 chartered and charters amended, all of which are subject to 
 repeal or amendment. (Miss. IV 88.) 
 Special or local legislation for amendment of charters, forbidden. 
 (Ariz. IV 19, 17; 111. IV 22: Mo. TV 53: Nebr. Ill 15; N.M. IV 
 24; N.D. IT 69; Okla. V 46; S.C. Ill 34; S.D. Ill 23; Tex. 
 
 Ill 56; Wyo. Ill 27.) 
 Special or private legislation for amendment of charters, for- 
 bidden. (Utah VI 12, 26; Wis. IV 31.) 
 Towns having 5.000 population or less "may be chartered alone 
 
 by general law". ( Tex. XI 4.) 
 
 Legislature to establish "but one system of town government 
 
 which shall be as nearly uniform as practicable". (Wis. 
 
 IV 23.) 
 Legislature not to enact indirectly any special or local act by 
 
 exempting from the operation of a general act. (Ky. 60 . ) 
 Private or special legislation for incorporation or amending 
 charters of. forbidden. (Wash. II 28. 8.)
 
 Iniw.x Dig 
 
 TOWNS (Cont'd) 
 
 [NCOEPORATIOK am. ORGANIZATION i< 
 
 In General (Cont'd) 
 
 Incorporation and amendmeirl of aha 
 
 islation id towns ooafcaindag population til 
 
 Local and private act* passed for tl,. 
 
 with supremo lav 01 tins con 
 pealed prior its adoption to hai 
 judicial decision as to validity «rh< n i • 
 imposed by their own tern \ 1 1 > 
 
 Nothing in legislative apportlonmenl pri 
 to prevent division of towns or ei 
 • 
 
 Legislature, eir people \>\ initiative, nay ens ral Uw | 
 
 viding method whereby incorporated town n 
 charter and bo merged into adjoining town, i • I 
 of electors of each incorporated city, town or mm 
 ration affected authorize snub surrei 
 
 XI 
 
 All incorporated communities having a popul I 
 5,000 to be town?. In determining population 
 governed by last Unit Stal 
 under it- own authority. Nothing in Bectl 
 repeal charter of any incorporated community 
 charter at time of adoption of constitution 1 
 enact genera] laws for organisation a' 
 and no special act to ed in relation • 
 
 manner provided in article IV and t!- 
 of two-thirds of members elected to each houst . Bat 
 having at time of adoption of tlii<= amei 
 charter may retain Ban pi BO fai B it I 
 
 or amended by legislature, provided I 
 is hereby amended tn conform to constituti 
 may, however, depart from form of 
 ment prescribed in this article and providt 
 cipal government as it deems beat, bul in - 
 operative except in cities adoptii 
 Laws or charters enacted pursuanl t" pi 
 
 tioil tn he 3UbjeCl In J.I . >\ |~|. I - 
 
 judges, elerks of ..nut-, attorm 
 commissioners of revenue, \ VIIl 116 M7 
 Legislature to provide t.\ general laws foi 
 tion of corporate limits an '■ i 
 
 Tho<e organized prior to adoption •' 
 under general laws passed for th il ;• 
 of electors voting 
 organize in conformity therewiUk" I
 
 1456 State Constitutions 
 
 TOWNS (Cont'd) 
 
 Incorporation and Organization (Cont'd) 
 In General (Cont'd) 
 
 Towns incorporated prior to adoption of constitution may become 
 organized under general laws for incorporation, organization 
 and classification of towns whenever majority electors at general 
 election shall determine under provisions therefor made by 
 
 legislature. (Ida. XII 1.) 
 
 Towns existing under special charters or general laws of territory 
 may abandon charter and reorganize under general laws of 
 
 state. (Wyo. XIII 1.) 
 
 Towns existing under special charter time adoption of constitution 
 may be reorganized under general laws and when so reorganized 
 special charters to cease. (S.C. VIII 1.) 
 
 Not to be organized without consent of majority of electors resid- 
 ing and entitled to vote within district proposed to be incor- 
 porated. Such consent to be ascertained in manner and under 
 regulations prescribed by law. (S.C. VIII 2.) 
 
 Legislature to make provision by general law whereby towns in- 
 corporated by special or local law may elect to become subject 
 to and be governed by general law relating to such corporations. 
 
 (Colo. XIV 14; Mo. IX 7.) 
 Classification 
 
 Legislature by general laws to provide for in proportion to popu- 
 lation subject to provisions of this article. (Ariz. XIII 1; 
 
 Okla. XVIII 1.) 
 
 Legislature to provide by general laws in proportion to popula- 
 tion, which laws may be altered, amended or repealed. (Cal. 
 XI 6; Utah XI 5; Wash. XI 10.) 
 
 Legislature to provide for by general laws in proportion to popu- 
 lation, which laws may be altered, amended or repealed by 
 
 general laws. (Ida. XII 1.) 
 
 Legislature to provide by general laws for not exceeding four 
 classes. (Colo. XIV 13; Mo. IX 7.) 
 
 " For the purposes of their organization and government " cities 
 and towns to be divided into six classes: 1st class, cities of 
 100,000 or more; 2d class, cities of 20,000 and less than 100,000; 
 3d class, cities and towns with 8,000 and less than 20,000; 4th 
 class, cities and towns with 3,000 and less than 8,000; 5th 
 class, cities and towns with 1,000 and less than 3,000; 6th 
 class, towns with less than 1,000. Legislature to assign new 
 towns to proper classes at first session after their organization 
 
 .. and change as population increases or decreases; and in 
 absence of other satisfactory evidence of population to be 
 governed by last United States census; and no transfer from 
 one class to another to be made except by law previously passed 
 and providing therefor. (Ky. 156.) 
 
 Officers 
 
 See also Public Officers.
 
 ■ I \ 
 
 TOWNS (Cont'd) 
 
 Officers (Cont'd) 
 In General 
 
 Legislature maj provide 
 county offii 
 townfe when n 
 or speciad eleotioi 
 Charters maj bj 
 pepfottnatice bj com I 
 wlifii discharge of suofa fu 
 or by count > diai •■ 
 Accounting for Public Funds 
 
 Sec also hi low, th\ • 
 
 No collector or bis a 
 for town to be eiigibli 
 ilt ction he <> 
 moneys for which he in ri»s 
 
 To be required by law to 
 and to paj into pro 
 to collect siK'li fees shall I 
 
 "Being a defaulter" to town 
 
 office of tru>t . profil 01 ho 
 To be required bj law to I 
 treasury all fees colli 
 
 collect shall be I 
 
 Compensation 
 
 See also below, this titte, I 
 
 a eons Upon — Extra > ■ 
 Not to be increased afti 
 Not to be changed aft< 
 
 All officer- exci pi - 
 
 To be paid " fixed and definil 
 fixed by constitution and b 
 the services rendered ;ind 1 1 > 
 No town officer to 
 than $6jO00 ') n< I | n B1 
 in etcoss <>i i' i 
 directed bv appropriate 
 Corrupt Practices, 8t e bi 
 Creation of Offices 
 Special i local 
 
 Election 
 
 See also EUKfflOH 
 ctmen to b.
 
 f5C 
 
 tines zad im ■auaaer prescribed ay lav. | Coes. V~ 
 Special or local fcg.i lilioo pt '- n^aia g nr cb i friaa si ■ iwbpr s af 
 board af ayiia m of iaearparaxed tovas sotaaoaVea. (DL IV 
 
 ±2: VJD. H ».) 
 
 • : : • - 
 
 - _- - - rr _:::■ x 
 
 : . - i " — : : : - 
 
 " - : 
 
 bo eleetioo. xo be awalififj ta voce far mayac Tea:. VI J. . 
 
 iaiiialiie of r e aa cwfam e is lesi^atare of ton afieeted; 
 
 - - - - . . _- - -i ----- . - -j - - - - ; 1 = 
 
 H3tL) 
 
 be dec:- . Vi_ 
 
 a excess :-: imail x. : be paid brio 
 
 proper tzeascr 
 
 Pi:e :: Ifl:- 
 
 - - . ----: — - ■ - - -.— 
 
 ": -: z- ;-, 
 
 - i:i I :: -: 
 
 r-Tzrzm seeb as preserftee* by hv. f laeL VI 
 - ->edal aad local le gisla tigai pr e aa iniag ptJ»q^ aad <fcn5e* of. 
 Imbbkl ea. < Okl*. V - - Ten. HI St 
 i ..irirrrs ^r: I :::''--^-:is 
 
 TeaaraJ 
 
 ......... 
 
 - : ------ ■; --
 
 I.M'l \ |>|,.| M 
 
 TOWNS (Cont'd) 
 
 Officers [Cont'd* 
 
 Qualifications and Disqualification 
 In General (Ooni 
 constitutioi 
 residence to ol 
 
 Dual Office Holding 
 No Btate offici i 
 officer or empli 
 
 militii i to I ■ 
 
 Persons boldinj 
 apjpoini 
 Removal 
 
 Mayors, intendant - and all 
 maj be rempved bj 
 or criminal court ol 
 office as presi ribed bj law . 
 ful neglecl of dutj . coi ! 
 or intemperance in the u 
 cotics to such an extent, in v 
 and importance of n- dui • 
 charge of such duties, 01 
 turpitude while in offi i 
 or connected therewith ", prut i<h d. il 
 and appeal be secured, P 
 moval and disqualification fron 
 of state tor term for which 
 pointed, but accused to be liable I 
 nun! as pre! lb) law 
 
 May b 
 
 Legislatufti : 
 Legislature to pro- 
 
 011 conviction of wilfu 
 
 neglecl of 
 
 Residence 
 
 Must reside in town. N 
 
 Selection 
 
 If not | f6r bj 
 
 town of division I 
 authorities as l< 
 
 ,,' executive to 
 4th. feth .ml I 6th rl 
 
 Other thai 
 by qualified rtti 
 
 ,1 law ■
 
 1460 State Constitutions 
 
 TOWNS (Cont'd) 
 
 Officers (Cont'd) 
 Term 
 
 Not to be extended beyond periods for which elected or appointed. 
 
 (Oat XI 9; Ky. 160: Wash. XI 8.) 
 Of chief executive and of elected officers other than members of 
 councils to be four years and until successors qualified. (Ky. 
 
 160.) 
 Vacancies 
 
 To be filled in manner prescribed by law. i Ind. VI 9: Ky. 160.) 
 Employees 
 
 Set also Labor — Public Work. 
 
 Xo state officer or deputy or member of legislature to be employee of 
 a town; but notary public or officer of militia not to be ineligible. 
 
 (Ky. 165.) 
 
 Legislature may regulate and fix wages and salaries and hours of 
 
 work and make provision for protection, welfare and safety of. 
 
 (X.Y. XII 1.) 
 Corrupt Practices 
 
 Illegal Use of Funds 
 
 Making a profit out of or using for purpose not authorized by 
 law by any officer having possession or control thereof to be 
 felony; prosecuted and punished as prescribed by law. (Cal. 
 
 XI 17.) 
 Receiving any interest, profit or perquisite arising from use or 
 loan of public funds in his hands or moneys to be raised 
 through his agency for state, city, town, district or county 
 purposes to be felony, punished as pre=cribed by law, including 
 disqualifications to hold office. (Ky. 173; Okla. X 11.) 
 Making profit out of or using for unauthorized purposes by public 
 officer to be felony and punished as provided by law. (Mo. 
 
 X 17.) 
 Making profit out of, directly or indirectly, or using for un- 
 authorized purpose to be felony and punished as provided by 
 
 law. (S.D. XI 11.) 
 Making profit out of or unauthorized use of by officers having 
 possession or control to be felony and to be- punished as 
 prescribed by law. (Wash. XI 14.) 
 Making profit directly or indirectly out of town money or other 
 public fund or using same for purpose not authorized by law 
 by any public officer to be felony punished as provided by law. 
 
 (Wyo. XV 8.) 
 Interest in Contracts 
 
 Xo public officer or member of legislature to Be interested 
 directly or indirectly in contracts authorized by any law passed 
 or order made bv board of which he is or was member during 
 term for which he was chosen or within one year after termina- 
 tion of term. (Miss. IV 109.)
 
 . 
 
 TOWNS (ConVd) 
 
 Corrupt Practici './ i 
 
 Free Transportation 
 
 . alto l'i in [c Opi 
 ( ocrhmon carrier forbiddi n to 
 officer forbidden to 
 
 Candidates or incuinbt a 
 ol town, forbidden I 
 privilege withheld from other 
 
 person or pre; 
 
 penalty of punishment for briber] 
 the vacation of hi? offici 
 but not to 1 ■ cuted or pui 
 
 which be was requiri 
 
 Powers and Rights 
 
 See also this title generally. 
 For provisions relating to po 
 MixicirAL Home Rule — Pow 
 
 For provisions relating to taxation, Bet I UU 
 For provisions relating to 
 
 Taxation — Special Assessmj rts, 
 For provisions relating to sale of liquor 
 In General 
 
 Authorized to make and enforce within la all su 
 
 police, sanitary and other 
 with general law, (Cai. XI 11; Wash. XI II.) 
 Ma\ make and enforce within its limits BUcb 
 and otlier regulations as arc not in 
 
 Powers of each class to be defined bj 
 
 municipal corporations of the Ban 11 po** 
 
 powers and be sul 
 
 Legislature may by general law confer U] 
 
 powers of local and special 
 
 inconsistent with constitution 
 Legislature to delegate m 
 
 for location of Chinese within i 
 
 for removal of ( binese wii 
 Right to reasonable conl 
 
 reserved to town. (Mich. VIII K 
 Incorporated towns Of 1,1 
 
 for specified purposes &» i ,: 
 
 grounds and other pul 
 
 may be within or 
 
 pa
 
 1462 State Constitutions 
 
 TOWNS (Cont'd) 
 
 Powers and Rights (Cont'd) 
 In General (Cont'd) 
 
 Legislature may authorize support and maintenance of Protestant 
 teachers of piety, religion and morality. (N.H. I 6.) 
 
 Restrictions Upon 
 In General 
 
 All limitations of powers of councils imposed by this article 
 to apply in like manner to principal legislative authority 
 under any form of government authorized hereunder, and 
 term council to be construed to include anybody vested 
 with principal legislative authority of municipality. (Va. 
 
 VIII 117.) 
 Rights in and to water front, wharves, public landings, 
 docks, streets, avenues, parks, bridges and other public 
 places, and its gas, water and electric works, not to be 
 sold except by ordinance or resolution. (Detailed pro- 
 visions as to number of votes necessary- for passage and 
 for passage over veto.) Nothing herein contained to pre- 
 vent legislature from prescribing additional restrictions on 
 power to sell or lease property or as repealing any such 
 restriction now required in any existing charter. ( Va. 
 
 VIII 125.) 
 Stock and Bond Holding 
 
 Town not to become subscriber to or shareholder in any 
 corporation or company. (Ariz. IX 7; Colo. XI 2; Mont. 
 
 XIII 1; N.D. XII 185.) 
 Not to become shareholder in any private corporation or 
 
 company. (Del. VIII 8; Wyo. XVI 0.) 
 Not to become by vote of its citizens or otherwise stock- 
 . holder in any joint stock company, corporation or associa- 
 tion. (Ida. XII 4.) 
 Not to become subscriber to or owner of stock or interest 
 therein of any railroad, private corporation or association. 
 
 (Xebr. XI A 1.) 
 Not to become stockholder in joint stock company-, corpora- 
 tion or association except railroad corporations, com- 
 panies or associations. (New VIII 10.) 
 Not to become directly or indirectly owner of stocks or 
 bonds of any association, company or corporation. (N.J. 
 
 I 10; Wash. VIII 7.) 
 Not to become " stockholder with others " in company, as- 
 sociation or corporation, except on assent of three-fourths 
 qualified voters voting at election thereon. (Tenn. II 29.) 
 Not to become holder of corporate stock by vote of citizens 
 
 or otherwise. (Ore. XI 9.) 
 Not to become stockholder in company, association or cor- 
 poration. (Ark. XII 5.)
 
 J.\iii.\ hi. 
 
 TOWNS [Cont'd] 
 
 Powers and Righ ra (( 
 
 Restrictions Upon (Coni 
 
 took and Wn.nl lint i 
 
 Not to Bubsci ibe I 
 corporation; but this 
 debts incurred on 
 
 N<»t to become direct t) 
 
 bonds of b •!! c, r i 
 
 pre\ ent making Bucb pro\ . 
 
 poor ;i> uia\ \h' i . i- t . \ hi, ,i 1,, | 
 
 Legislature M"t to au 
 
 poration, association or 
 
 Legislature not t>> authorize 
 eorpoi at ion . ation, • i 
 
 Legislature nol to aul 
 become stockholder in an; 
 
 Legislature nof t<> authorise t" aid in 
 
 tion " li ;» \ i i i^r for it- object :i Hi\ 
 
 ing it- stocks or bonds, (N.H. II 
 No law to authorize becoming stockholdi 
 
 bj vot« i>t citizens • •! otherwise; bul I 
 
 insuring public buildings in mutv 
 
 Legislature not to authorize t"\\n t( 
 bond in aid of any railroad, 
 individual or corporate entei pi 
 
 \ 1 
 
 Subscription to capital stock of anj • 
 poration forbidden, bul this nol I 
 such subscription w hen authorised ui 
 90te of people prim ption of I 
 
 Amend. 1870 — Municipal S 
 
 Not to subscribe to stock • 
 corporation; l.nt this dot - 
 (l,'l)t^ incurred emdeT laws ■ 
 nol bo be construed to prohibit 
 ing town to proteel bj 
 road debl contracted prioi I 
 
 Not to become subsci iber ' 
 poration oi ition. Autl 
 
 stitution for BUch purp 
 charter hereby repealed.
 
 4: SJlJLEE .' . - 
 
 io~.:s 
 
 p 
 
 . .::ions Ufcz 
 
 ... 
 = - - 
 
 ■ ■ 
 - ■ . . - . - 
 
 - - 
 
 - - . - 
 
 - - • - . \m 
 
 ' - - 
 
 ■ - - • 
 - 
 
 g - . 
 . - ■. 
 
 • • - - - • - ' . " L 
 
 xm 
 
 LSS 
 
 Joimt t>«a*ers' 
 
 ' - 
 
 - 
 
 - 
 " put 
 
 real 
 
 - 
 t public use or 
 
 execution - - - . ■ :' 
 
 :c mom*; race of jay 
 
 .'■'.'. : 
 v : ; : > 
 
 AQCCLi' 
 
 jams or o£h.«?-rw - 
 pr - » pubEe build i~ _ - aiufcual insuiaaee 
 
 companies. ( Ohio V'UU &) 
 
 - 
 
 :-. ■;- ■- = :.=.■. 
 
 aw* o» power to fery fares «»a° Jorron? 
 
 awe- '•*{&*. this #»*!<?, Debt. 
 
 Towns orjrtr.uwd under eha - rpced under «s>o.sti totwn.il pro- 
 
 tons re'. _ - - local trunins; of charters m*y "make and
 
 
 TOWNS [Coni 
 
 NTBOL BY SXAXI 
 
 In General 
 
 subject only to the r - 
 
 their several char • 
 ill be eubj> 
 Acts incorporating 
 
 money, contra 
 Towns •' heretofore or 
 
 and controlled by general 
 Restrictions Upon 
 Legislature no- 
 corporation, comp 
 
 to make, contr 
 
 fere with any I 
 
 whether held in tru*t or i 
 
 ments or perform any mu- 
 
 Iature may pr< 
 
 irrigation 1 
 
 Local or special le;. 
 
 ■ 
 
 For % 
 
 title. '• Pov : 
 General 
 An; 
 
 
 
 a maintai: . - ytuiamt 
 
 iren and aged per 
 
 under church or otr. 
 Occur. 
 
 othrr hrties o. ruing 
 
 I - z : s : : 5 
 
 - - .seessmentE and ta T 
 
 the use of " <x - :arm> 
 
 ■ 
 - 
 
 ■
 
 1466 State Constitutions 
 
 TOWNS (Cont'd) 
 
 Finances (Cont'd) 
 
 Claims By and Against 
 
 " In all cases of allowances made for or against " town appeal 
 to lie to circuit court at instance of party aggrieved or on 
 intervention of citizen or resident and taxpayer of city on 
 terms and conditions on which appeals granted to that court 
 in other cases. Matter to be tried de novo. Citizen appealing 
 to give bond payable to town, conditioned to prosecute appeal 
 and save town from costs thereon. (Ark. VII 51.) 
 Obligation due town not to be remitted, released or postponed or 
 in any way diminished except by payment into proper treas- 
 ury ; not to be exchanged or transferred except upon payment 
 of its face value; but legislature may provide by law for the 
 compromise of doubtful claims. (Miss. IV 100.) 
 Execution not to issue on judgment against incorporated town 
 or against any officer therein in his official capacity and for 
 which the town is liable; such judgment shall be paid out of 
 the proceeds of a tax levy and when so collected shall be paid 
 by the "county treasurer" to the judgment creditor. (N.M. 
 
 VIII 7.) 
 
 Local or special legislation releasing indebtedness, liability or 
 
 obligation of person or corporation to town forbidden. (Nev. 
 
 IV 20.) 
 Expenditures, Restrictions Upon 
 In General 
 
 Not to be authorized or permitted to pay claim under con- 
 tract made without express authority of law. (Ky. 162.) 
 Not to pay any debt or interest thereon contracted directly 
 
 or indirectly in aid of the Rebellion. (N.C. VII 13.) 
 Not to pay any debt or obligation created by such town in 
 
 aid of Civil war. (Va. XIII 186.) 
 Aid to Private Enterprise 
 
 Donations to railroad or private corporation prohibited. 
 (111. Amend. 1S70 — Municipal Subscriptions to Corpora- 
 tions separately submitted.) 
 Not to make appropriation in aid of any railroad or other 
 
 corporation or association. (Miss. VII 183.) 
 Not to appropriate money to any private corporation, person 
 
 or company. (Del. VIII 8.) 
 Not to appropriate or obtain money for any company, asso- 
 ciation or corporation. (Ark. XII 5.) 
 Not to make donation or grant by subsidy or otherwise to 
 individual, association or 'corporation. (Ariz. IX 7; Mont. 
 
 XIII 1.) 
 
 Not to make by vote of citizens or otherwise donation to or 
 
 in aid of any joint stock company, corporation or associa- 
 
 tion. (Ida. XII 4.)
 
 ■ l\l>l\ Ik.. 
 
 TOWNS [Cont'd) 
 
 Finances (Cont'd) 
 
 Expenditures, Restrictions Upon |< 
 Aid to Private l 
 
 N.-t to make donati ,i 
 companj or corj 
 
 Noi (<» give or loan mom j to 
 
 association or eor] 
 Noi to make donation b 
 
 or corporation, ex 
 
 iX.D. Ml iv-,; Wasb. vm : 
 Noi to pive money or pi 
 
 of any individual, 
 
 1" prevent rrrakh 
 
 its poor .-is ! n . i \ be ant i 
 Not to subscribe to or ■ 
 
 poration; bui this do 
 
 debts incurred under law« 
 
 and nut to 1"- construed to prohil 
 
 thorizing town to prot< I 
 
 railroad debi contracted prior * 
 
 Legislature not to authorize I 
 
 money for or levj tax 
 
 ind 
 Legislature not to autl 
 
 of value to or in aid of 
 
 Legislature noi to authi 
 
 of value to or in aid of 
 
 tion li\ issuing bonds • 
 Legislature noi to authorizi I 
 
 rectly. for benefit of " cor] 
 
 dividend ..1 pro) • 
 
 Legislature not to authorize I 
 any corporal ion 
 pose of constructing or i 
 
 Legislature noi to autl ■■ 
 
 aid of individual or BSS 
 
 noi to be construed to 
 corporated towns which 
 
 create, maintain and 01 
 
 revenue few pi 
 widows and mil 
 
 4-
 
 1468 State Constitutions 
 
 TOWNS (Cont'd) 
 
 Finances (Cont'd) 
 
 Expenditures, Restrictions Upon (Cont'd) 
 Extra Com pensation 
 
 See also Public Officers — Compensation. 
 Not to grant extra compensation to public officer, employee, 
 agent, or servant or increase compensation of public offi- 
 cer or employee to take effect during continuance in office 
 of any person wbose salary might be thereby increased. 
 
 (Conn. Amend. XXIV.) 
 
 No to increase pay or compensation of any public contractor 
 
 above amount specified in the contract. (Conn. Amend. 
 
 XXIV.) 
 Referendum * 
 
 Donations in aid of railroads and internal improvements 
 not to be made unless proposition has been first submitted 
 to qualified electors at an election authorized by law. 
 
 (Nebr. XII 2.) 
 
 In elections to determine expenditures, of money only those 
 
 to be qualified who pay taxes on property therein. (Tex. 
 
 VI 3.) 
 Payment of tax on property valued at least $134 for next 
 preceding year required for vote on any proposition for 
 expenditure of money. (R.I. Amend. VII 1.) 
 Debt, See below, this title, Debt. 
 Taxation, See Taxation. 
 Debt 
 
 Existing Time Adoption Constitution 
 
 Nothing in this article to be construed to impair or add to obli- 
 gation of debts contracted in accordance with territorial law; 
 or to prevent contracting any debt or issuing bonds therefor 
 in accordance with laws of territory upon proposition which 
 according to such laws was submitted to qualified electors 
 before constitution took effect. (Colo. XI 9.) 
 Validity of not affected by prohibition of loans of credit in aid 
 
 of railroad construction. (Conn. Amend. XXV.) 
 Incorporated town authorized to pay such debts either by tax 
 levy or by issuing bonds under provisions of laws extended in 
 force in state; but nothing in constitution to legalize invalid 
 debts or impair any defense against payment thereof. (X)kla. 
 
 Sched. 25, 37.) 
 
 Nothing in this article to prevent contracting of debt or issuing 
 
 bonds under proposition submitted under laws of territory to 
 
 qualified electors before constitution takes effect, or to impair 
 
 or add to obligation of any debt contracted under laws of 
 
 territory prior to adoption of constitution. (Utah' XIV 7.) 
 
 May be bounded in sum not exceeding 4 per cent, on assessed value 
 
 taxable property in town as shown by last general assessment. 
 
 (Wyo. XVI 3.)
 
 I M . I 
 
 TOWNS {Cont'd) 
 Debt (Cont'd) 
 
 Power to Incur Generally 
 Legislature to n 
 
 monej and, i oni 1.1. i del 
 
 Legislature bo ceBtricI bo 
 
 trat i 
 
 Legislature to restrici town' 
 braoting debts or loanu 
 
 Acts of Legislature ln< 
 
 borrowing money, contracting debts nnd !■■ 
 
 Legislature to restrict 
 
 Provision to be made bj general lawj to 
 of borrowing monej and conl 
 
 Purpose 
 
 In General 
 
 Limited to " hm a burp 
 as authorized by law " for i he 
 
 No debts to l>e ■ •• 
 
 public purpose specified bj 
 To be incurred otil\ for strictlj 
 
 Ordinance authorizing deW 
 
 to be raised are to !»• applied. 
 Not to issue interest-bearii 
 
 bond> authorized by law to pa] 
 
 constitution: but incorpoi 
 
 population may i- 
 
 for any and all public buildil 
 
 that may be required ! 
 
 and economic administi 
 
 any other public impn 
 
 referendum. Such 
 side the corporate lin 
 
 When any town 
 
 provide for p 
 
 bonds, eerl 
 
 ,,,.! b ' • 80l ■ 
 
 no! exc ling ' 
 
 VII
 
 1470 State Constitutions 
 
 TOWNS (Cont'd) 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 In General (Cont'd) 
 
 After filing- charter framed under provisions of this article 
 town may provide and legislate for issuance, refunding 
 and liquidation of all kinds of municipal obligations, in- 
 cluding bonds and other obligations of park, water and 
 local improvement districts. (Colo. XX 6.) 
 
 Not to assume to pay any debt contracted directly or indi- 
 rectly in aid of the Rebellion. (NX 1 . VII 13.) 
 Aid to Private or Corporate Enterprise 
 
 For prohibitions of grants of money in aid of private or cor- 
 porate enterprise, tiee above, this title, Finances — Ex- 
 penditures, Restrictions Upon. 
 
 Legislature not to authorize to lend credit to or in aid of 
 individual, association or corporation by issuing bonds or 
 
 otherwise. (Ala. IV 94.) 
 
 Not to give or loan credit in aid of individual, association 
 or corporation. (Ariz. IX 7; Mont. XIII 1.) 
 
 Not to loan credit for any purpose whatever; and no mu- 
 nicipality to grant financial aid toward construction of 
 railroads or other private enterprises operated by any pri- 
 vate person or corporation. Not to obtain money for or 
 loan credit to any corporation, association, institution or 
 
 individual. (Ark. XVI 1, XII 5.) 
 
 Not to lend credit to or assume debt of any private corpora- 
 tion, person or company. (Del. VIII 8.) 
 
 Not to lend or pledge credit or faith in any manner to or in 
 aid of any person, company or corporation for any amount 
 or for any purpose, " public or private ", or become respon- 
 sible for any debt, contract or liability of any person, 
 company or corporation, " public or private ", in or out 
 
 of state. (Colo. XI 1.) 
 
 Not to lend credit directly or indirectly in aid of any rail- 
 road corporation ; but not to affect validity of bonds or 
 debts incurred under laws existing prior to constitution 
 and not to be construed to prohibit legislature from au- 
 thorizing town to protect by additional credit railroad 
 ilrbt contracted prior to adoption of constitution. (Conn. 
 
 Amend. XXV. ) 
 
 Not to subscribe to stock or purchase bonds or make dona- 
 tion to any railroad corporation; but this does not affect 
 validity of bonds or debts incurred under laws existing 
 prior to constitution and not to be construed to prohibit 
 legislature from authorizing town to protect by additional 
 appropriation any railroad debt contracted prior to con- 
 stitution. (Conn. Amend. XXV.) 
 
 Not to lend or pledge credit or faith in any manner to or in 
 aid of any individual, association or corporation, for any
 
 
 TOWNS (Cont'd) 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid to I'm (Id 
 
 amounl ui anj pm 
 
 contrai 
 
 poration m 01 oul 
 
 lend credit, i.\ vot 
 
 of an\ joint - 
 
 but in. in . 
 illuminating purpi 
 ui the | < i 
 arising therefrom 
 
 • 
 Loan ui ci i 'In in aid ■•: 
 
 bidden, I 1 11. i 
 
 ' orporatii 
 Legislature tu>t ; 
 
 lend It - CM .111 I.. .Ui_\ . 
 
 except foi [mi pose "t 
 turnpike i 
 Not to loan credit in 
 
 Legislature mn bo authot 
 
 .1 u it ion "i coi poral 
 
 Not to nakie " donal 
 
 internal improvement 
 
 submitted to qualified i 
 
 law ; sueh doi 
 
 di\ liereof, not 
 
 of assessed walual . 
 Not to lend credit in 
 
 poration >>i >--• i i i 
 
 panics or associat ioni lev. Vlll i 
 Legislature not bo autl 
 
 reotly, for benefit i I 
 
 dividend of profit vii. II 
 
 Not to lend credit 
 
 t Ion, or becomiag ■ 
 
 \,,t to lend its i redit to 
 
 ciation or corpi 
 
 provision foi aid 
 
 authorized by law. ^ \ III ! 
 ( redit not to 
 
 v'uhial. 
 
 Bupporl '■' \ i> \ 1 1 - 
 
 X,, law to aathoriw 
 
 any compel
 
 1472 State Constitutions 
 
 TOWNS (Cont'd) 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid to Private or Corporate Enterprise (Cont'd) 
 
 wise; but this does not prevent insuring public buildings 
 in mutual insurance companies. (Ohio VIII 6.) 
 Not to raise money for or lend credit to or in aid of any 
 company, corporation or association, by vote of citizens 
 
 or otherwise. (Ore. XI 9.) 
 
 Credit not to be loaned or given to or in aid of any person, 
 
 company, association or corporation, except on assent of 
 
 three-fourths of qualified voters voting at election thereon. 
 
 (Tenn. II 29.) 
 Legislature not to authorize town to lend credit to any indi< 
 vidual, association or corporation, but special authoriza- 
 tion to join with county or other political subdivision or 
 district in lending credit or incurring debt for or in aid 
 of irrigation, drainage or navigation improvements or con- 
 struction and maintenance of roads, subject to approval 
 on referendum and to specified limit of amount; provided 
 total debt of city or town not thereby to exceed limit im- 
 posed by other sections constitution. (Tex. Ill 52.) 
 Legislature not to authorize town to lend credit in aid of 
 any railroad, telegraph, or other private, individual or 
 corporate enterprise or undertaking. (Utah VI 31.) 
 Not to grant credit " under any device or pretense whatso- 
 ever " to or in aid of person, association or corporation. 
 
 (Va.XIII 185.) 
 Not to lend money or credit to or in aid of individual, asso- 
 ciation, company or corporation " except for the necessary 
 support of the poor and infirm ". ( Wash. VIII 7. ) 
 Law or Ordinance Authorizing 
 
 Private, local or special legislation authorizing issuance of bonds 
 or other securities, forbidden unless authorized before enact- 
 ment such law by vote qualified electors thereof at election 
 held for purpose in manner prescribed by law; but legislature 
 may without such election pass special laws to rpfund bonds 
 issued before ratification constitution. (Ala. IV 104.) 
 Local and special legislation provided for bonding of, forbidden. 
 
 (Nebr. Ill 15.) 
 Not to contract debt or loan in any form except by ordinance 
 specifying purpose to which funds to be raised are to be ap- 
 plied; and ordinance irrepealable until debt therein provided 
 
 for fully paid. (Colo. XI 8.) 
 No town to contract debt except by ordinance specifying purpose 
 to which funds to be raised are to be applied. (N.M. IX 12.) 
 Referendum on Proposition to Incur 
 
 Legislature may pass general laws authorizing to issue bonds; 
 but none to be issued under such general laws unless first 
 authorized by majority vote by ballot of qualified voters
 
 TOWNS (Com 
 Deb t'd) 
 
 Referendum on Propusiiiur. 
 
 thfi 
 
 of l.on.la lawful 
 
 ratification 
 
 Wixred 01 
 
 improvi 
 
 which i n whol« 
 
 ■aid ii | 
 Proposition 
 
 ertj mual 
 
 are also qualifli 
 
 to !'>• In! . 
 - Vl ' :, ' ! 
 
 to be incurred wit bout 
 
 voting an question 
 
 Not to incur in aj 
 
 liability " i 
 
 vided for such year " unit 
 
 by two-thirds of qualif) 
 
 purpose. Exc< \ 
 
 curred contrary to this 
 No debt to be created unit 
 
 election for council 
 
 ore who in preceding year pai 
 
 majority i voting tlu 
 
 box. This sect , 
 
 Not to incur an] debt *»* 
 
 " exoeediag in i 
 for such year without 
 thereof 
 
 lulity incurred contrarj U 
 nut t,, be i 
 expi i bj tli- 
 
 Not to become in 
 
 ;un-.iini eso I • 
 
 without eo 
 
 for tin; purpose. ! 
 
 provi-ion t 
 
 enforceable plains! ]•• ! v ' 
 Not to be allowed to 
 
 pin 
 
 . id.'d is 
 
 vot 
 
 i:
 
 1474 State Constitutions 
 
 TOWNS (Cont'd) 
 Debt (Cont'd) 
 
 Referendum on Proposition to Incur (Cont'd) 
 
 Debts for construction of sewerage system or for water supply 
 which legislature may authorize in excess of debt limit fixed 
 by constitution must be approved by vote of taxpayers af- 
 fected. (Mont. XIII 6.) 
 No debt to be created unless proposition is submitted at regular 
 election for town officers to such qualified electors thereof as 
 have paid a property tax therein during preceding year and is 
 approved by majority of those voting by ballot deposited in 
 separate ballot box. This not to prevent issue without sub- 
 mission to voters of bonds to pay or refund valid bonds for 
 
 town. (N.M. IX 12, 15.) 
 
 No debt to be contracted nor faith or credit pledged unless " by 
 a vote" of majority of qualified voters. (N.C. VII 7.) 
 
 Not to be allowed to become indebted in any manner for any 
 purpose to amount exceeding in any year income and revenue 
 provided in such year without assent three-fifths voters thereof 
 voting at election held for purpose. (Okla. X 26.) 
 
 Propositions to incur debt for purchase, construction or repair of 
 public utilities owned exclusively by town in excess of limit 
 fixed by constitution on amount of town debt must be ap- 
 proved by majority vote of qualified property taxpaying voters 
 voting at election held for purpose. (Okla. X 27.) 
 
 No debt to be created without submitting proposition to qualified 
 electors and unless majority voting on question approve. 
 Legislature in authorizing special election in incorporated town 
 on question of bond issue to prescribe as condition precedent 
 to holding such election a petition from majority of freeholders 
 thereof as shown by town tax books. At such election electors 
 of town in addition to qualifications required for municipal 
 election must have paid all taxes, city, county and municipal, 
 for previous year in order to qualify to vote on such proposi- 
 tion. Majority of those voting at such election necessary to 
 authorize issuance of bonds. (.S.C. VIII 7, II 13.) 
 
 In elections to determine assumption of debt by incorporated 
 towns only those who pay taxes on property therein qualified 
 to vote. (Tex. VI 3.) 
 
 No town or subdivision thereof to create debt in excess of taxa- 
 tion for current year unless majority of such qualified electors 
 as shall have paid a property tax in the preceding year shall 
 approve proposition to create such debt. (Utah XIV 3.) 
 
 Not to become indebted for any purpose in any manner to amount 
 exceeding one and one-half per cent, of taxable property 
 therein without assent of three-fifths voters voting at election 
 held for purpose. Value of taxable property to be determined 
 from last assessment for state and county purposes previous to 
 
 incurring debt. (Wash. VIII 6.)
 
 1m. i 
 
 TOWNS (Cont'd) 
 Debt [Cont'd) 
 
 Referendum on Proposition to Incur | 
 
 No town ox subdivision thereof •«* of • 
 
 fur current year in tnj w a m . 
 people on proposition tubmitti 
 Limit of Amount 
 Towns hal 
 provided in eonstituti. 
 " including pr< sent in 
 sessed value of propel 
 
 - 
 sewerage, or for imp* 
 additional ,1,1,: 
 Limitation 
 stitution, i 
 
 le in antieipatioo of collet I 
 fourth of annual n 
 funding or refunding of " i 
 
 Tliose having 6,000 or mi 
 thorized to become in 
 debt n," ing 7 per 
 
 therein, but following i 
 limitation: temporary loans paid within 
 anticipation of collection i I 
 general revenues; 
 for purpose of acquirii 
 works and sewers; obi 
 or sidewalk improvements 
 
 I against abutting pro] 
 56 of 7 per cent, limit I 
 such obligations issued. v -- 
 of e.\i>t iiil: indi 1 
 
 Where present debt 
 
 indebted in further annul- t except 
 
 constitution until debt i 
 
 vent any municipality except • 
 
 authorized prior adopt a, and I 
 
 funding or refunding of 61 ' 
 
 Not to become indebted f^r any pu- 
 exceeding 4 per cent, "i taxable | 
 
 assessment for state and rount 
 
 debt or. in ini 
 
 purposes without ns^nt of 
 
 are also qunli- 
 
 to be held for purpose; with •
 
 3476 State Constitutions 
 
 TOWNS (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 " may be allowed to become indebted to a larger amount but 
 not exceeding 15 per cent, additional" for water supply, arti- 
 ficial light or sewers when the works therefor are or are to be 
 owned and controlled by the municipality. (Ariz. IX 8.) 
 
 Not to exceed in aggregate 7 per cent, of assessed value of real 
 and personal property therein according to last general assess- 
 ment. Debt may be incurred for waterworks or lighting plants 
 when approved on referendum in excess of this limitation; and 
 such debt not to be included in computation of existing debt 
 in order to determine power to become further indebted, pro- 
 vided a mortgage or other lien on such works or plant and its 
 franchise be given as additional security for such debts. ( Ark. 
 
 XVI 1.) 
 
 Aggregate, together with debt, existing at time of election on 
 proposition to incur new debt, not at any time to exceed 3 per 
 cent, valuation of taxable property as shown by assessment 
 next preceding the last assessment before the adoption of such 
 
 ordinance. (Colo. XI 8.) 
 
 Not to be authorized or permitted to incur debt to amount includ- 
 ing existing debt in aggregate exceeding 3 per cent, of value of 
 taxable property therein ascertained by assessment next before 
 last assessment previous to incurring debt; but debt in excess 
 of this limit may be contracted when authorized by laws in 
 force prior to adoption of constitution or when necessary for 
 completion and payment for public improvement undertaken and 
 not completed and paid for at time of adoption ; any town debt 
 which exceeds limit at time adoption of constitution not to 
 increase more than 2 per cent, until debt reduced within limit 
 and thereafter not to exceed limit " unless in case of emergency, 
 the public health or safety should so require ". Renewal bonds 
 or bonds to fund floating indebtedness not prevented by limit. 
 
 (Ky. 158.) 
 
 Towns having less than 40,000 population, as shown by last United 
 States census, not to create any debt or liability which singly 
 or in aggregate with previous debts or liabilities' exceeds 5 per 
 cent, of last regular valuation. This not to be construed " as 
 applying to any fund received in trust " by the town " nor to 
 any loan for the purpose of renewing existing loans or for war 
 or to temporary loans to be paid out of the money raised by 
 taxes during the year in which they were made ". ( Me. 
 
 (Amend.) XXII.) 
 
 Not to be allowed to incur debt to amount including existing debt 
 in aggregate exceeding 5 per cent, of value of taxable property 
 therein, ascertained by assessent next before last assessment 
 for state and town purposes previous to incurring debt. (Mo. 
 
 X 12.)
 
 I 
 
 TOWNS {Cont'd) 
 Debt (( 
 
 Limit of Amount 1 1 
 v " '" be allowed I 
 !">>; mount indudin 
 
 ascertained by but 
 vioua to incur rii 
 : lis amount • 
 authorizing municn I 
 of taxpayei 
 Bewi 
 
 ity •• which shall own and i • • 
 revenues derived therefron 
 
 Not to be allowed to incur d< 
 to amount including 
 
 cent, valuation taxable 
 
 la<i ment for 
 
 ring debt " Incorporated t^ n n n 
 
 qualified property taxtpoyii 
 
 purpose, be allowed to 
 
 purchase, construction or rntd 
 
 - 
 tax in addition to 
 ficient to pay interest then 
 
 [eruption within 
 limitation on amount ol 
 or bonds issued to pa 
 
 shall never exceed 5 per 1 1 
 erty therein; bond- or obligate 
 
 Not to become indebted to amount 
 
 deb i per cent, of i 
 
 town, ascertained by last p 
 
 town purposes ; bonds or i 
 
 to be woid 
 
 limit for const) ud ton 01 
 in; thi- 
 
 refund valid bond 
 Not to incur any bond* 
 
 debt shall ex< I 
 
 erty therein. ThM not to ' 
 
 fieient to refund I 
 
 tution: nnd not ' 
 
 in anticipation i 
 
 to be contained in 
 
 issued and payat 
 
 bonded debt incurred '•■
 
 1478 State Constitutions 
 
 TOWNS (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 for purchase, establishment and maintenance of waterworks, 
 sewerage system, or lighting plant; and specified town author- 
 ized to incur specified amount of debt in excess of this amount 
 in order to pay for construction of county buildings. (S.C. 
 
 VIII 7.) 
 
 Never to exceed 5' per cent, of assessed valuation' of taxable prop- 
 erty therein for year preceding that in which the indebtedness 
 is incurred: in " estimating amount of the indebtedness which 
 a municipal subdivision may incur, amount of indebtedness 
 contracted prior to the adoption of the constitution shall be 
 
 included". (S.D. XIII 4.) 
 
 Districts of which towns may be a part may be authorized to 
 issue bonds or otherwise lend credit in amount not exceeding 
 one-fourth of assessed valuation of real property of such dis< 
 trict when approved on referendum for irrigation, drainage or 
 navigation improvement or in aid thereof, or the construction, 
 maintenance and operation of paved roads and turnpikes or in 
 aid thereof. This authorization to be in addition to all other 
 debts except that total bonded debt of any town not to exceed 
 limit imposed by other provisions of constitution. (Tex. Ill 
 
 52.) 
 
 Not to become indebted " to an amount including existing indebt- 
 edness exceeding 4 per cent, of the value of the taxable property 
 therein": value of property to be ascertained by last assess- 
 ment for state and county purposes previous to incurring 
 illit: may be allowed to incur larger indebtedness (in addition 
 to 4 per cent.) previously authorized not exceeding 8 per cent, 
 additional for supplying the town with water, artificial lights 
 or sewers when the works supplying such water, lights and 
 sewers are owned and controlled by the town. Nothing in this 
 article to prevent contracting of debts or issuance of bonds 
 under proposition submitted under laws of territory to quali- 
 fied electors before constitution took effect. (Utah XIV 4. 7.) 
 
 Xot to issue bonds or other interest-bearing obligations for any 
 purpose or in any manner to amount which, including existing 
 indebtedness, shall at any time exceed 18 per cent, of assessed 
 valuation of real estate therein, subject to taxation as shown 
 by last preceding assessment for taxation. This not to apply 
 to towns whose charters existing time adoption constitution 
 authorize larger percentage of debt. In computing existing 
 debt in order to determine the limitation of a town's power to 
 incur further debt, bonds authorized by ordinance enacted in 
 accordance with provisions of constitution, and approved by 
 affirmative vote, majority of qualified voters of town voting 
 on question at general election next succeeding enactment of 
 ordinance or at special election held for that purpose, for a 
 supply of water or other specific undertaking from which city
 
 I M.I | I l . 
 
 TOWNS (Coni 
 Debt [Cont'd) 
 
 Limit of Amount [Cont'd] 
 maj "derii 
 
 period to be & barrained I 
 from date oi elei tion wbem 
 taking fails to pro 
 operation and adminl 
 issued therefor and the • 
 
 injury to p 
 
 covered int.. a unking fu 
 maturity all bonds issued 
 such bonds outstanding shall 
 Limitation of the po 
 cjpal and interest then 
 the receipts of the un lei takio 
 
 order to determine limitation 
 further debt, " certifh 
 
 other obligations issui d in ant • 
 
 the revenue * * for the I 
 
 t lit Buch certificates, or otl 
 
 within one year from the dafc 
 due and do not exi eed the revi 
 
 incl 
 No1 to become indebted for any pui 
 
 eeding one and one-half per cent, 
 therein, ascei tained from 
 purposes previous to incuj 
 fifths voters voting at election lield I 
 assent total indebtedni • 
 
 of value of Buch taxable propi I « 
 
 indebted to larger amount • 
 for supplying water, artificial ; . 
 works therefor are owned and • at rolled I 
 
 Not to bo '• allowed I oe indel 
 
 anj purpose to any amount incl 
 in the aggregate 
 taxable property therein ". 
 by lasi assessment 
 ■ 
 
 No town or subdivision t ; 
 
 manner exe ling - per e.i ' 
 
 erty tie-rein, lint may be BUthoi 
 edness not ex< dii 
 
 property as -houn l.y last pi 
 
 of " building Bewerage "; ■'■ 
 provisions of this Bection; d< 
 constitution maj b 
 
 on d value tfl
 
 1480 State Constitutions 
 
 TOWNS (Cont'd) 
 Debt {Cont'd) 
 Bonds 
 
 For exemption of from taxation, See Taxation — Exemptions. 
 
 See also below, this title, Redemption and Interest. 
 
 Any town issuing bonds under laws of state may make such bonds 
 and interest thereon payable at any place or places Within or 
 outside of United States in any money, domestic or foreign, 
 designated in said bonds. (Cal. XI 13%.) 
 Application of Proceeds 
 
 No money raised for a specific purpose to be used for any other 
 
 purpose. (Ark. XVI 1.) 
 
 Moneys borrowed to be used only for purposes specified in law 
 
 authorizing loan. (Mont. XIII 3.) 
 
 Limited to purpose for which obtained or to repayment of the 
 debt or liability created therefor. (Mo. X 20.) 
 Redemption and Interest 
 
 Provision to be made at time of incurring debt for collection of 
 annual tax not exceeding 7 mills on the dollar to pay interest 
 and discharge principal within 35 years from time of issuing 
 bonds. Bonds to be " serial " " and shall be paid off as rapidly 
 as the income derived from said tax will permit ". Detailed 
 provisions as to interest. (Ark. XVI 1.) 
 
 No indebtedness or liability in excess of revenue or income to be 
 incurred unless before or at time of incurring provision be 
 made for collection of annual tax sufficient to pay interest as it 
 falls due, and to constitute sinking fund for payment of prin- 
 cipal on or before maturity. Except as provided in constitu- 
 tion, debt incurred contrary to this provision to be void. (Cal. 
 
 XI 18.) 
 
 Towns issuing bonds under laws of state may make such bonds 
 and interest thereon payable at any place or places within or 
 outside of United States and in any money, domestic or foreign, 
 designated in said bonds. (Cal. XI 13%.) 
 
 Ordinances authorizing incurring of debt to provide for levy of 
 tax not exceeding 12 mills on valuation taxable property therein 
 as shown by assessment next preceding last assessment before 
 adoption of such ordinance sufficient to pay annual interest and 
 extinguish principal within 15 but not less than 10 years from 
 creation. Application proceeds of tax limited to purpose speci- 
 fied in ordinance until debt fully discharged. This section does 
 not apply to debts contracted for water supply. (Colo. XI 8.) 
 
 Not to incur any debt or liability unless at same time provision 
 be made for collection of annual tax sufficient to pay interest 
 and to constitute sinking fund for payment of principal within 
 20 years from time of contracting. (Ida. VIII 3.) 
 
 Whenever authorized to create debt shall be at same time 
 required to provide for collection of annual tax sufficient to 
 pay interest and to create sinking fund for payment of prin- 
 cipal within not more than 40 years from time of contracting. 
 
 (Ky. 159.)
 
 1 
 
 TOWNS [Cont'd) 
 Debt [Cont'd) 
 
 Redemption and Interest I 
 
 Before- incurtii . 
 
 made for oollei i ion ol 
 due and to 
 
 within n time ■ 
 
 A? '"' Mow time ..f iaeurrii 
 oottectioo td aana 
 when due; 
 irrepealable until 
 Ordinance creating <i< 
 
 19 mil!.* mi jill • 
 
 ■ in and i 
 mh-Ii t:i\ to be ■ 
 
 principal. Sip 
 
 provided tor baa b» n fully i 
 Before or nt time "f incuri .m<l 
 
 revenue provision to be nmiV • 
 ficient to pay intei 
 merit df principal within 
 
 Town to levy " Bufflci 
 
 fund to 1"- ii-'''! lit -• -ond. 
 
 for payment of bonds; third, 
 judgmei aeh municipalHi 
 
 On issuing bonds, town i" • - 
 
 thereof at maturity. All proi 
 
 that exempted, to be 
 
 under authority of la 
 District or other political ' -no 
 
 a part, incurrii 
 
 td levy and colled 
 
 fund for redemption I 
 
 inter. -' ai : sinking fund i 
 
 ■ 
 
 Eefore or at time of Incurri 
 
 made " for colled 
 
 interest on 8uch debt 
 
 discharge the principal 
 
 of contracting th( 
 Method of Collecting — Execution 
 Town property 
 
 and sit 
 
 erty devoted > ■ ' 
 
 sale". This i 
 
 mechani 'a and build* i 
 
 \ ! 9 |
 
 3482 State Constitutions 
 
 TOWNS {Cont'd) 
 Public Utilities 
 
 See also above, this title, "Powers and Rights — • Restrictions 
 Upon — Stock and Bond Holding ", and " Finances — Expend- 
 itures, Restrictions Upon — Aid to Private Enterprise ". 
 In General 
 
 Person or corporation constructing or operating on public streets 
 under franchise liable to abutting property owners for actual 
 damage on account of such construction or operation. (Ala. 
 
 XII 227.) 
 Franchises 
 
 Right to collect rates or compensation for use of water supplied 
 to town or inhabitants thereof is a franchise and cannot be 
 exercised except by authority of and in the manner prescribed 
 
 by law. (Cal. XIV 2; Ida. XV 2.) 
 
 No franchise relating to any street, alley or public place of city 
 or county of Denver to be granted except on vote of tax-paying 
 electors. Question to be submitted on deposit of expenses with 
 treasurer. (Extended to towns.) (Colo. XX 4, 6.) 
 
 Not to be permitted to grant franchise or privilege or make any 
 contract in reference thereto for more than 20 years; adver- 
 tisement to be made, bids received, and award made to highest 
 and best bidder, but all bids may be rejected. Not to apply 
 to trunk railway. (Ky. 164.) 
 
 Legislature not to create corporation with power to acquire 
 franchises in streets or highways of town, except by special 
 act on petition therefor " pendency whereof shall be notified 
 as may be required by law ". (R.I. Amend. IX 2.) 
 
 Those having population more than 6.000 not to have authority 
 to grant to person, corporation or association right to use 
 streets or public places for construction or operation of water- 
 works, gas works, telephone or telegraph lines, electric light 
 or power plants, steam or other heating appliances, street rail- 
 roads or any other public utilities, except railroads other than 
 street railroads for longer period than 30 years. (Ala. XII 
 
 228.) 
 
 No street railway, gas, water, steam or electric heat, light or 
 power, cold storage, compressed air, conduit, telephone or 
 bridge company, nor any corporation, association or persons 
 or partnership engaged in these or like enterprises to be per- 
 mitted to use streets, alleys or public grounds without consent 
 of corporate authorities. No franchise, lease or right to use 
 any public property in a way not permitted to general public 
 to be granted for longer period than 30 years. Before granting 
 any such franchise for a term of years, except for trunk rail- 
 way, municipality shall advertise and receive bids and act 
 accordingly as required by law. Nothing herein contained to 
 prevent legislature from prescribing additional restrictions on 
 power to grant franchises, or as repealing any such restric- 
 tions in any existing charter. (Va. VIII 124, 125.)
 
 I M > I \ [ ) I < J K s | 
 
 TOWNS (Cont'd) 
 
 Public I'timim b (( ot 
 Franchises i ( 
 
 legislature Dot to 
 railroad within town wil 
 ties having control ..f - 
 Okla. ]\ n»; lex. X 7; W.Vi \l 
 Le»i>lature n..t to authoi i 
 way within limit- of ill 
 rale authOI \ I | 
 
 Legislature not to pass law -mi tit 
 "!" rate | withii 
 
 acquiring the i 
 street- proposed to he i 
 
 1m- tran.-f. rred without -in , 
 
 No person, associal ion or cor] 
 to use streets, alleys or publi 
 
 operation of "any public utility ..r ; 
 "ut first obtaining consent pi 
 
 No street railroad t" ,; ted w itii 
 
 of local authoril ii - 
 posed to be occupied. [Colo. W 
 No street or other railroad t 
 out consent of Local authoriti 
 posed to he occupied. (Ida. XI 11; 
 No streel railroad or telephone 1*- 
 ated within incorporated town wit! 
 ities controlling or bigbwaj I 
 
 No street passenger railwaj oi I 
 ■ constructed within limit- of wit 1 
 ties; legislature i . ■ ■ t t- gi 
 street railroad within town with 
 authorities having control •■: 
 
 Street railway, gas, w 
 
 light companj no! t" '"■ perm 
 
 for erection or laying i 
 islative bow 
 
 charters conierring Mich 
 
 tut imi and work 
 Nothing in the provis 
 
 companii - an I tl eh I i 
 
 arrange and contn 
 
 plai ! nianie 
 
 Water companies must 
 
 bodies or boar
 
 148-i State Constitutions 
 
 TOWNS (Cont'd) 
 
 Public Utilities [Cont'd) 
 Regulation of 
 
 Supervision of public service corporations may be authorized by 
 law as to companies doing business therein including regula- 
 tion of rates and charges. (Proviso to sections specifying 
 powers of corporation commission over public service corpora- 
 rations.) (Ariz. XV 3.) 
 
 Powers of municipal councils or other local governing bodies 
 respecting public utilities to cease on passage of legislation 
 conferring powers respecting such public utilities on state 
 railroad commission so far as such powers conflict; but in 
 case of incorporated towns such local powers over public utili- 
 ties as relate to making and enforcement of local, police, 
 sanitary and other regulations other than fixing of rates to 
 continue unimpaired until an election is held in pursuance 
 of law ; such of these powers as majority of qualified electors 
 voting at such election shall vote to retain to continue in 
 the local authorities unimpaired; but if vote does not favor 
 their continuation then such powers to vest in railroad com- 
 mission; and in case the vote be in favor of retaining any of 
 such poAvers a similar majority may later sivrrender them 
 to the state commission. This provision not to affect town's 
 right to grant franchises for public utilities on terms and 
 conditions and in manner prescribed by law and not to be 
 construed as a limitation on the constitutional powers of the 
 
 railroad commission. (Cal. XII 23.) 
 
 Kates for water supplied by any person or corporation to town 
 or its inhabitants to be fixed annually by council or other 
 governing body by ordinance or otherwise in the manner that 
 other ordinances or resolutions are passed by such body; such 
 ordinances to be passed in February annually to take effect 
 on July first; any party interested may maintain suit for 
 peremptory process to compel passage of such ordinance and 
 the board or body failing to pass same to be liable to further 
 processes or penalties as legislature prescribes; collection of 
 rates other than those fixed by such ordinance to work for- 
 feiture of franchises and waterworks to the town for the public 
 
 use. (Cal. XIV 1.) 
 
 Nothing in provision relating to powers of state corporation 
 commission to impair rights conferred by law on authorities 
 of town to prescribe rules, regulations or rates of charges by 
 public service corporations in connection with services per- 
 formed under municipal franchise so far as such services may 
 be wholly within the limits of town granting franchises. 
 
 ' „ (Okla. IX 18; Va. XII 156b.) 
 
 Every grant of franchise to make adequate provision by way of 
 forfeiture or otherwise to secure efficient service at reason- 
 able rates and maintenance of property in good order. (Va. 
 
 VIII 125.)
 
 I.M'I.X 111, 
 
 TOWNS « 
 
 Public I ] vui 1 1 
 
 Ownership and Op^ 
 Railroi 
 
 confers on it i, 
 property tab a by in, 
 ized to griml plenary , 
 ited by any pn 
 lion in accordance win. 1. 
 
 May aoqmre water a. 
 • Purchase an 
 
 furnishing lights and i 
 
 and pi ivate corpon 
 
 construction or 
 
 of electors therein qualifii I 
 
 Every grant df fi 
 plant of grants 
 places to become propi 
 tion. But grantee nol 
 value of franchise. I 
 determining any valuation therein p 
 grant of property so acquin 
 authoriz.ii by law maintained and 
 
 TOWNSHIPS 
 
 Under this title art ■ ted all p 
 ships. For provision* relating t<> municipalit 
 state generally, and lance to this da- 
 See also Towns. 
 Incorporation and Orkani/\m,,n 
 
 For organization of counties under I 
 
 — Internal Organization ami Admj 
 Legislature to provide by general law for 
 
 111. X 5: Mo. TX s ; Nebr. .\ 
 Special or local legislation for im 
 
 charters, forbidden. (Pa. Ill 7.) 
 Special or local legislation changing 
 
 Private or special legislation for it 
 
 VI M 
 
 Local or special legislation inoorp- 
 
 lines of, forbidden. (Minn. IV 3 
 Legislature may provide " for the orjranintion. 
 
 other town purposes, of an] 
 
 in counties of state, but when county 
 
 contains less than 10f> inhabit*- 
 
 more adjoining townships or pari 
 
 and other town purposes. (Minn. XI
 
 ]486 State Constitutions 
 
 TOWNSHIPS [Cont'd) 
 
 INCORPORATION AND ORGANIZATION {Cont'd) 
 
 Legislature to provide by general law for organizing counties into 
 townships " having due regard for congressional township lines 
 and natural boundaries " and where population sufficient and 
 natural boundaries permit " civil townships " to be co-extensive 
 with congressional townships. (S.D. IX 4.) 
 
 In changing lines of " congressional townships " natural boundaries 
 to be observed as nearly as possible. (N.D. X 167.) 
 
 Board of supervisors of each organized county may organize and con- 
 solidate townships under such restrictions and limitations as shall 
 be prescribed by law. (Mich. VIII 15.) 
 
 Commissioners first elected to divide county into convenient districts, 
 fix their boundaries and names and report to legislature before 
 date fixed ; when approved by legislature these districts to be 
 townships; "but legislature may modify or abrogate". (N.C. VII 
 
 3, 4, 14.) 
 
 Legislature to provide by general law for system of township organi- 
 zation and government. (Wyo. XII 4.) 
 
 Legislature to establish uniform system of government throughout 
 
 state. (Nev. IV 25.) 
 
 Legislature to provide system of government such as it thinks proper 
 
 in any or all counties. (S.C. VII 11.) 
 
 Each of townships of state with names and boundaries established 
 by law time adoption constitution to " constitute a body politic 
 and corporate ". This does not prevent legislature organizing 
 other townships or changing boundaries of those already estab- 
 lished; this not to apply to specified townships which by amend- 
 ment are abolished. (S.C. VII 11.) 
 
 In counties which have adopted township organization, township 
 local affairs to be managed and transacted in manner prescribed by 
 
 general laws. (Cal. XI 4.) 
 
 When county adopts a system of township organization, local affairs 
 of townships of any such county to be managed and transacted in 
 manner prescribed by general law authorizing such township 
 organization. (Wash. XI 4.) 
 
 Date of holding annual meeting to be uniform throughout state. 
 
 (111. X 5.) 
 
 No two to have same name. (111. X 5.) 
 
 Suits and proceedings by or against to be in name of. (Mich. 
 
 VIII 16.) 
 Officers 
 
 See also Public Officers. 
 In General 
 
 For provisions relating to constables. See Constables. 
 Township clerk to be ex-officio treasurer; "but legislature may 
 
 modify or abrogate". (N.C. VII 6, 14.) 
 Township clerk and justices of peace to constitute board of trus- 
 tees; but legislature may modify or abrogate. (N.C. VII 5, 14.) 
 Local and special legislation regulating, forbidden. (Nebr. Ill 
 
 15.)
 
 1 M > ! 
 
 TOWNSHIPS (Cont'd) 
 I Mil* BBS [Cont'd 
 
 Accounting for Public Funds 
 Legi&latrure to provide foi 
 eolleoted and all pub] 
 « al. XI .".; [da. \\ in 8; Pa \i 
 x " l" «on who bat 
 of township to be eligibli 
 honor, trust oi 
 ounted for and 
 
 Appointment 
 
 Local or special I< gislal ioi 
 
 _ 
 Compensation 
 
 Legislature to 
 
 islal ure to ; 
 
 l l. - ii o\ 
 
 by I lavs 
 
 of territory for " like 
 I legislature to regulate compi 
 for that purpose maj 
 
 Loi special laws regulatii 
 
 Lqcal or special legislation I 
 
 salary or fees of, forbidden. 
 Creation of Offices 
 
 'islature tp provide bj 
 
 tow aship offio : 
 
 [da. Will 6; S.D. l\ W 
 Legis lature to pro> tde bj Ism 
 
 named in t he consl ituti 
 
 \1V 12; [nd. \ I 3; Mont \ \ 
 Legislature to proi 
 
 ■2: Minn. XI I 
 Excepl as otherwise proi ided bj 
 
 vide for election or ap] 
 
 Constitution creati 
 by legislature " Bucb muni 
 territory provide fi 
 
 Local 01 
 
 •'.-,• [da HI 19; Minn, n H 
 
 II • 
 
 Election 
 
 . also i:i i . !!••■ 
 
 Special ot lo .1 
 of board of bu] 
 be held
 
 1488 State Constitutions 
 
 TOWNSHIPS (Cont'd) 
 Officers (Cont'd) 
 Election (Cont'd) 
 
 To elect annually first Monday April in each organized township 
 following officers: supervisor; township clerk; commissioner 
 of highways; treasurer; not exceeding four constables and one 
 highway overeser for each highway district. (Mich. VIII 18.) 
 Clerk to be elected biennially by voters of township ; " but legis- 
 lature may modify or abrogate". (N.C. VII 5, 14.) 
 To be elected by electors of each township. (Ohio X 4.) 
 Fees 
 
 Legislature to establish fees to be collected for services performed 
 in manner and for uses provided by law, and for this purpose 
 may classify counties by population. (Cal. XI 5.) 
 Those established by special laws to cease at adoption constitu- 
 tion and only those provided by general laws to be thereafter 
 received; all laws fixing fees to terminate within time fixed 
 after adoption constitution, and legislature shall by general 
 law, uniform in its operation, provide for and regulate such 
 fees " so as to reduce the same to a reasonable compensation 
 for services actually rendered " ; legislature may, by general 
 law. classify counties by population into not more than three 
 classes and regulate fees according to class. To be uniform in 
 same class of counties. Constitution not to be construed to 
 deprive legislature of power to reduce fees. (111. X 11, 12) 
 Impeachment, See Impeachment. 
 Place of Office 
 
 To keep office at such place in township as may be required by 
 law. (Ark. XIX 4; Ind. VI 6; Ore. VI 8.) 
 Powers and Duties 
 
 To be prescribed by law. (Ida. XVIII 6, 11; Ind. VI 6; N.D. X 
 
 ITS; Ore. VI 8; S.D. IX 6; Wash. XI 5.) 
 Local or special legislation prescribing powers or duties thereof 
 forbidden. (Cal. IV 25; Ida. Ill 19' ; Minn. IV 33; Mo. TV 
 53; Mont. V 26; N.D. II 69; Pa. Ill 7; Wyo. Ill 27.) 
 Legislature by general and uniform laws to prescribe. (Cal.. 
 
 XI 5.) 
 To be prescribed by law for following officers: supervisor, town- 
 ship clerk, commissioner of highways, treasurer, not exceeding 
 four constables and one highway overseer for each highway dis- 
 trict. (Mich. VIII 18.) 
 Legislature may change and abolish powers and duties of com- 
 missioners and overseers of highways. (Mich. VIII 26.) 
 Except as otherwise provided by constitution to be as prescribed 
 
 by law. (Mo. IX 14.) 
 
 Board of trustees under supervision of county commissioners to- 
 
 control taxes, finances, roads and bridges, as prescribed by law. 
 
 Legislature may modify or abrogate. (N.C. VII 5. 14.) 
 
 Until otherwise provided by law and when not otherwise provided 
 
 by constitution, powers and duties to continue as provided by 
 
 laws of territory for " like named officers ". (Okla. Sched. 18.)
 
 
 TOWNSHIPS {Cont'd) 
 Officers (( 
 
 Qualifications and Disqualifications 
 
 ;ii otiie ^ 
 
 by con.^titut 
 
 ot territory loi "like I 
 To be electors u 
 
 Removal 
 
 Circuit court to 
 tion or ind! 
 office for ir 
 conduct, Ilia If. 
 
 May be impeached or 
 
 In such manner and ( 
 
 In case ot 
 
 Legislature to provide, in 
 
 on conviction of wilful, corrupl 
 
 Residence 
 
 Must reside in township, (Ark. XIX 
 Selection 
 
 Except as otlnru • 
 vide for election or 
 
 • 
 
 Term 
 
 Legislature to prescribe I 
 
 To be prescribed by law 
 
 Two years and until BuecesBi 
 
 Except as otherwi-.- provi I 
 
 by law, but not t' 
 To be prescribed by law but 
 
 otherwise pro\ ided in 
 
 Not exceeding threi 
 
 Such even number of ye i 
 
 scribed by legislature. 
 Until otherwise provided ; . 
 
 by constitution term I 
 ritory fur " like ' 
 Commences tir.-t MoJ laj 
 
 I legislature provides otkem 
 
 To be fixed by legislature, (Waab. \.
 
 1490' State Constitutions 
 
 TOWNSHIPS (Cont'd) 
 Officers [Cont'd) 
 Vacancy 
 
 Occurring six months before next general election to be filled by 
 governor (all other vacancies, without specific mention of 
 township offices, to be filled by special election). (Ark. VII 
 
 50.) 
 To be filled in manner prescribed by law. (Ind. VI 9; Ore. 
 
 VI 9>.) 
 Except in office of county commissioner, to be filled by appoint- 
 ment by board of county commissioners; appointee to bold till 
 next general election. (Mont. XVI 5.) 
 Board of county commissioners to fill by appointment and ap- 
 pointees to hold until next general election and successors 
 
 qualify. (Wash. XI 6.) 
 Powers and Rights 
 
 See also throughout this title generally. 
 In General 
 
 Authorized to make and enforce within its limits such local 
 police, sanitary and other regulations as are not in conflict 
 with general laws. (Cal. XI 11; Wash. XI 11.) 
 Each organized township to be body corporate with powers and 
 
 immunities prescribed by law. (Mich. VIII 16.) 
 Legislature may by general law confer on organized townships 
 such powers of "a local, legislative and administrative char- 
 acter " not inconsistent with constitution as it deems proper. 
 
 (Mich. VIII 17.) 
 To have corporate powers for necessary purposes of local govern- 
 ment; "but legislature may modify or abrogate". (N.C. VII 
 
 4, 14.) 
 Restrictions Upon 
 
 Not to become joint owner with any person or corporation, " pub- 
 lic or private," " in or out of state " except such ownership as 
 may accrue to township jointly with any person, company or 
 corporation by forfeiture or sale of real estate for non-pay- 
 ment of taxes or by donation or devise for public use or by 
 purchase by or on behalf of any or either of them jointly with 
 any or either of them under execution in cases of crimes, pen- 
 alties or forfeitures or recognizance, breach of condition of 
 official bonds, or of bond to secure public money or the per- 
 formance of any contract in which they or any of them may 
 be jointly or severally interested. Not to become subscriber 
 to or shareholder in any corporation or company. (Colo. 
 
 XI 2.) 
 Legislature not to authorize becoming stockholder in foreign 
 
 association or corporation. (Fla. IX 10.) 
 Subscription to capital stock of any railroad or private corpora- 
 tion forbidden, but this not to affect right to make such sub- 
 scriptions when authorized under existing laws by vote of 
 people prior to adoption of this amendment. (111. Amend. 
 1870 — Municipal Subscriptions to Corporations.)
 
 , I . 
 
 TOWNSHIPS (Cont'd) 
 Powers ami Riqb rs [( 
 Restrictions Upon | 
 Legislature not I 
 
 turn, a 
 
 Not to become sub« ribei 
 
 tion or tion. Ami 
 
 lature or by ch urt« 
 
 not prevent Bucfa »u 
 
 pie prioj 
 
 means | 
 
 any indebl 
 Xu! .to I"' directl] <t indi 
 
 a in 
 
 Not to sub 
 
 association or cor; 
 No law to authoi . 
 
 pan} by vol .. 
 
 pre> 
 
 Legislature not to authi . 
 
 association or corporati i 1\ ? 
 
 Not to become ow i 
 
 Legislature not to authoi 
 
 bond in aid of any railroa ; 
 vidua] or corporate ent^ 
 Not to become owner of corpora" 
 
 corpora • 
 Control by State 
 In General 
 
 Legislature may pr<>\idr l.\ general !■ 
 tion and improvement "f big 
 
 Restrictions Upon 
 
 Local or special legislation 
 
 (Cal. IV 25: Colo. V 26; Id >. Ill 19 I" 
 Minn. IV S3; Mo. IV B 
 
 Local and special 
 but this 
 ! egulate compensal ion 
 
 Private ano 
 but this pr 
 establish and regula 
 
 Finances 
 
 For provisions incidmtaUy retai 
 title, "POWKM am. B
 
 1492 State Constitutions 
 
 TOWNSHIPS (Cont'd) 
 Finances (Cont'd) 
 In General 
 
 No money to be drawn from treasury except by authority of law. 
 
 (Minn. XI 6; Ohio X 5.) 
 No money to be drawn from township treasury except by author- 
 ity of law; " but legislature may modify or abrogate ". (N.C. 
 
 VII 8, 14.} 
 Aid to Private Enterprise 
 
 Not to make appropriation or pay from any public fund or grant 
 anything to or in aid of religious sect, church, creed or sec- 
 tarian purpose or help to support or sustain any school, col- 
 lege, university, hospital or other institution controlled by 
 any religious creed, church or sectarian denomination, but this 
 does not prevent legislature granting aid to institutions for 
 the support and maintenance of dependent children and indi- 
 gent aged persons authorized by constitution. (Cal. IV 30.) 
 Not to make donation or grant to or in aid of any person, com- 
 pany or corporation, "public or private" in or out of state. 
 
 (Colo. XI 2.) 
 
 Legislature not to authorize obtaining or appropriating money 
 
 for corporation, association, institution or individual. (Fla. 
 
 IX 10.) 
 Donations to railroad or private corporation, prohibited. (111. 
 
 Amend. 1870 — Municipal Subscriptions to Corporations.) 
 Appropriation or donation to or in aid of railroad or other cor- 
 poration or association, forbidden, or college or institution of 
 learning or other institution of learning created for or con- 
 trolled by state or others. Authority previously conferred by 
 legislature or by any corporate charter repealed. (Mo. IX 6.) 
 Legislature not to authorize grants of public money or thing of 
 value to or in aid of individual -or association or corporation. 
 
 (Mo. IV 47.) 
 Forbidden to give or lend money to or in aid of any individual, 
 
 association or corporation. (N.J. I 19.) 
 Not to make donations to individual, association or corporation 
 except for necessary support of poor. (N.D. XII 185; Wyo. 
 
 XVI 6.) 
 Donations to, forbidden, to railroad or telegraph lines. (Wyo. 
 
 X Railroads 5.) 
 
 Legislature not to authorize appropriation of money to " any 
 
 corporation, association, institution or individual". (Pa. 
 
 IX 7.) 
 
 Not to make donations to or in aid of, or pay the debt or liability 
 
 of, individual, association or corporation, except for necessary 
 
 support of poor. (S.D. XIII 1.) 
 
 Debt, See "below, this title, Debt. 
 Taxation, See Taxation.
 
 ! : I 
 
 TOWNSHIPS (Con: 
 Di 
 
 Existing Time Adoption Constitution 
 Nothing 
 
 or impair u,\ def< 
 on amount 
 
 ist in^r under Cei ritoi j 1 1 
 Purpose 
 
 In General 
 Legislai in 
 pos 
 
 public roads, build 
 porl pri 
 
 • g 
 
 township purpi 
 debtedness ''; but I 
 which 
 
 rail mail c< I 
 
 Aid to I'i 
 
 Legislaturi «n- 
 
 ship in aid of 
 pledge credil i hi n of fi 
 vicinal, association r, r 
 Not to lend or pl< 
 in aid of any 
 amount or for any pur] 
 responsible for 
 son, company or ( 
 
 Legislature not to aul 
 tion, associa tioi 
 
 Not to lend or pl< 
 in aid of individual, 
 amount or for any pui 
 debt contracted or Hal 
 or corporation in i 
 Loan oi 
 
 bidden. (111. v 
 rporatioi 
 Legislaturi 
 struction or equipment 
 5 per cent, of value of I 
 Legisiatui authoi 
 
 iciation nr COT] 
 to lend credit I 
 
 other institutl
 
 1494 State Constitutions 
 
 TOWNSHIPS (Cont'd) 
 Debt (Cont'd) 
 
 Purpose (Cont'd) 
 
 Aid to Private or Corporate Enterprise (Cont'd) 
 
 by state or others ". Authority previously conferred by 
 legislature or by corporate charters repealed. This does 
 not prevent issue of bonds or other means of payment of 
 subscription to corporate stock authorized by people prior 
 to constitution or of other than existing debt. (Mo. 
 
 IX 6.) 
 Not to lend credit to any individual, association or corpora- 
 tion, or become security for any association or corpora- 
 tion. (N.J. I 19.) 
 Credit not to be given or loaned to or in aid of any indi- 
 vidual, association or corporation, except for necessary 
 
 support of poor. (N.D. XII 185.) 
 No law to authorize raising money or lending credit to any 
 company or association by vote of citizens or otherwise; 
 but this does not prevent insuring public buildings in 
 mutual insurance companies. (Ohio VIII 6.) 
 Not to lend or give credit to or in aid of, or become respon- 
 sible for debt or liability of, individual, association or 
 corporation, except for necessary support of poor. (S.D. 
 
 XIII 1.) 
 Legislature not to authorize township to lend credit in aid 
 of any railroad, telegraph or other private individual or 
 corporate enterprise or undertaking. (Utah VI 31.) 
 Not to give or lend credit to individual, association or cor- 
 poration except for necessary support of poor ; and not to 
 give or lend credit in aid of railroad or telegraph lines; 
 but this does not affect obligations contracted prior to 
 adoption of constitution. ( Wyo. XVI 6, X Railroads 5.) 
 Legislature not to authorize giving or lending credit in aid 
 of any municipal corporation or to pledge credit thereof 
 for payment of liabilities of any municipal corporation. 
 
 # (Cal. IV 31.) 
 
 Not to lend or pledge credit or faith in any manner to or in 
 aid of any corporation, " public or private ", or become 
 responsible for any debt, contract or liability of any cor- 
 poration, " public or private ", in or out of state. ( Colo. 
 
 XI 1.) 
 
 Referendum 
 
 All indebtedness or liability in excess of income and revenue for 
 any year must be approved by two-thirds of qualified electors 
 voting at election held for purpose. Except as provided in 
 constitution debt incurred contrary to this provision to be 
 
 void. (Cal. XI 18.) 
 
 Not to be allowed to become indebted for any purpose in amount 
 exceeding in any year income and revenue provided for such
 
 Im-i.x Dig] 
 
 TOWNSHIPS (Cont'd) 
 Debt (Cont'd) 
 
 Referendum i ( 
 
 year without 
 
 election held for pu 
 
 trarj to the | 
 
 this not to be oonstrm 
 
 sary expenses authorized bj I 
 
 Not to be alloi 
 
 purpose to amount 
 
 provided in such 5 
 
 voting at election hel I 
 Debts in excess 
 
 water Bupply 1 
 
 Bubmit quest ion to vot< 
 Not to be allowed to indebti 
 
 purpose to amount 
 
 provided in Buch year w ith< 
 
 voting al held for [• 
 
 Total amount township 
 
 value taxable propi rtj 
 
 district incur any new debt or inert-' 
 
 amount exceeding -l fx 
 
 out assent •>■] electors I 
 
 provided l>y law. (Pa. IS - 
 No debt to be ed by " oh 
 
 purposes in tli • 
 
 of majority of tors ; and "civil l 
 
 clii Led in any " diet 
 
 incurred without B 
 
 in 1 
 Limit of Amount 
 
 Not to be allowed to b< 
 
 purpose to amount in< 
 
 exceeding 5 per cent valu 
 
 ascertained bj 
 
 v'ious to incurring d 
 
 in compliance with 
 
 Btitution in pni 
 Legislature 
 
 38 in any mam 
 
 of any or all rail: 
 
 value "i laxabh 
 
 B metit fol 
 
 N,,t to be allowed to 
 to amount mcli 
 per c( at.
 
 1496 State Constitutions 
 
 TOWNSHIPS (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount (Cont'd) 
 
 Not to be allowed to become indebted in. any manner or for any 
 purpose to amount including existing indebtedness in aggregate 
 exceeding 3 per cent, of value of taxable property therein to 
 be ascertained by last assessment for state and county taxes 
 previous to incurring such debt; all bonds and obligations in 
 excess of this amount to be void; legislature may extend this 
 limit by authorizing municipal corporations to submit question 
 to vote of taxpayers affected when increase is necessary to con- 
 struct sewerage system or to procure water supply for such 
 municipality "which shall own and control said water supply 
 and devote revenues derived therefrom to the payment of the 
 
 debt". (Mont. XIII 6.) 
 
 Shall never exceed 5 per cent, of assessed value of taxable property 
 therein. In computing existing debt its entire amount whether 
 contracted prior or subsequent to adoption of constitution to 
 be included. Bonds or obligations in excess of limit to be void. 
 
 (N.D. XII 183.) 
 
 Not to be allowed to incur debt even after approval on referendum 
 in excess of income and revenue to amount including existing 
 debt in aggregate exceeding 5 per cent, valuation taxable prop- 
 erty therein to be ascertained from last assessment for state 
 and county purposes previous to incurring debt. This limita- 
 tion not to " apply " to debt created or bonds issued to pay 
 debt existing under territory. (Okla. X 26, Sched. 25.) 
 
 Except as provided in constitution, not to exceed 7 per cent, upon 
 assessed value taxable property therein. (Pa. IX 8.) 
 
 Not to exceed 8 per cent, assessed value taxable property therein 
 and not to be authorized to increase bonded debt if existing 
 bonded debt amounts to 8 per cent, of taxable property as 
 ascertained by valuation of state taxes. When several political 
 divisions or municipal corporations cover same territory each 
 of such divisions or corporations to " so exercise its power to 
 increase its debt " that aggregate debt upon any territory of 
 state shall never exceed 15 per cent, of taxable property in 
 such territory as valued for state taxes; but this not to prevent 
 issue of bonds to refund valid municipal debt contracted in 
 excess of the 8 per cent, limit prior to adoption of constitution. 
 
 (S.C. X 5.) 
 
 Debt of " civil township " never to exceed 5 per cent, of assessed 
 valuation of taxable property therein for year preceding that 
 in which the indebtedness is incurred; but additional debt not 
 exceeding 10 per cent, on such assessed valuation may be in- 
 curred " for the purpose of providing water and sewerage for 
 irrigation, domestic uses, sewerage and o'ther purposes ". " In 
 estimating amount of the indebtedness which a municipal sub- 
 division may incur amount of indebtedness contracted prior to 
 the adoption of the constitution shall be included". (S.D. 
 
 XIII 4.)
 
 • 
 
 TOWNSHIPS (Cont'd) 
 Debt (Com 
 
 Bonds 
 
 1 
 
 No bond ■ ,|i,l u ,ii. 
 
 county cliTk or other duJ 
 
 attorney, stal [i 
 
 No bond i 
 certificate of town 
 law that ft ted pin 
 
 Redemption and Interest 
 No indebtt 
 incurred ui 
 made for collei 
 it fails due and I 
 
 IJiiiK-ipal within jn y< 
 
 as provided in constitution, d< 
 
 Before incurring 
 made for collect ior 
 due and to 
 within '2* i 
 
 Provision to be ma 
 of annual tax suffic 
 laws or ordinanci - 
 until debt paid. (N.D 
 
 Before or at time of incun 
 provision to be inn 
 pay interest and to < 
 principal within 2.". yi 
 
 Provision to be ma 
 of annual tax BUffii 
 
 Township to le\ 
 ing fund to be us 
 second, for paj menl 
 of judgment 
 
 AtithoTi 
 levy or by isau 
 
 in force in 
 PtTWLIC T'tii.itif s 
 Franchises 
 No street 
 
 of township
 
 1498 State Constitutions 
 
 TOWNSHIPS (Cont'd) 
 
 Public Utilities (Cont'd) 
 Franchises (Cont'd) 
 
 No public utility franchise "which is not subject to revocation 
 at the will of the township " to be granted unless the pro- 
 position is first approved by majority of township electors 
 voting thereon at regular or special election. (Mich. VIII 19.) 
 Xo person, partnership, association or corporation operating 
 public utility to have right to use highways, streets, alleys 
 or other public place of township for wires, poles, pipes, tracks 
 or conduits without consent of duly constituted authorities 
 thereof, or to transact a local business therein without first 
 obtaining a franchise from township. (Mich. VIII 28.) 
 
 TRADE AND BUSINESS 
 
 Special, private and local laws regulating trade, prohibited. (Ky. 59; 
 
 La. 48; Mo. IV 53; Pa. Ill 7; Tex. Ill 56; Va. IV 63.) 
 Secretary of internal affairs to discharge such duties in regard to business 
 
 interests of state as may be provided by law. (Pa. IV 19.) 
 Governor may lay embargoes and prohibit exportation, for not over 30 
 
 days, in recess of legislature. (Vt. II 20.) 
 Industry. See Industry. 
 Manufacture, See Manufacture. 
 
 Monopolies and trusts, See Monopolies and Trusts. 
 State in business, See State Business Enterprise. 
 
 TRANSMISSION COMPANIES 
 
 See also Transportation Companies. 
 
 For provisions relating to all common carriers, See Common Carriers. 
 For provisions relating to all public service' corporations, See Public Ser- 
 vice Corporations. 
 For provisions relating to all corporations, See Corporations. 
 Telegraph companies, See Telegraph Companies. 
 Telephone companies, See Telephone Companies. 
 Electric companies, See Electric Companies. 
 Acceptance of State Constitution 
 
 Complete acceptance of constitution prerequisite to benefit of any 
 future legislation; provision does not validate any charter. (Okla. 
 
 IX 11.) 
 Appeals from Commission to Supreme Court 
 
 Allowed from action on rates, charges, classifications, train schedules, 
 additional facilities, suspending bonds and additional security on 
 
 appeal. (Okla. IX 20; Va. XII 156d.) 
 
 Court must substitute own order for reversed order of commission, 
 
 which has effect as of original date of reversed order; otherwise 
 
 reversal order invalid. (Okla. IX 23; Va. XII 156g.) 
 
 New evidence not to be introduced; commission's order deemed prima 
 
 facie correct; case may be remanded for further investigation. 
 
 (Okla. IX 22; Va. XII 156f.) 
 
 Other orders of commission, based on different -circumstances, are not 
 
 affected, on appeal from an order. (Okla. IX 23; Va. XII 156g.)
 
 Imh.x Dig 
 
 TRANSMISSION COMPAN.l 
 
 APPEALS FBOW < OM M ! 
 
 Removal of __ 
 
 and heard at all til 
 
 Sir 
 
 rates, classification, 
 pen ling ap] 
 
 As Cow MOH Uabbo 
 Declared t<> be 
 
 ami mi: lability 
 
 1 \ 
 
 Con mi i tows \\i) Cboj 
 Every publ 
 
 ■ 
 ly '•!■ d ition, n 
 
 - 
 prescribed by i 
 Publie 
 proiit must make physical 
 service corpi 
 
 ■ 
 _lit in every public - 
 do transmission busim - 
 cross, intersect or connect with 1 cor 
 
 Right to connect 
 
 receive ami transmit other's 
 
 CONSOODATIOX 
 
 Jurv trial I mine v. 
 
 be demanded by complainant. 
 
 Not to consolidate stock. 
 
 Permitted with written consent 
 may further limit 
 CONSTIMI HON AND OPEBA I I"N 
 
 Every public service 
 of state to do tranamittii 
 o] .-rate lim en ani 
 
 Definition 
 Includes 
 operating for h 
 
 * 
 
 DlSCRIMIN LTION 
 Corporation • 
 where inb 
 
 Xo discriminat 
 

 
 1500 State Constitution;: 
 
 TRANSMISSION COMPANIES (Cont'd) 
 Discrimination (Cont'd) 
 
 No discrimination or delay to be made in receipt, transportation or 
 delivery of messages which they are required to receive, transmit 
 or deliver, by public service corporations. (Ariz. XV 9.) 
 Franks, See below, this title, Hates. 
 Officers, Agents and Employees 
 
 Ineligible to state corporation commission. (N.M. XI 3.) 
 Passes and Reduced Rates, See below, this title, Rates. 
 Private Actions or Proceedings 
 
 No question of reasonableness, justness or validity of commission's 
 order, made within its authority and then in force, to be raised 
 directly or collaterally. (Okla. IX 24.) 
 Private cases involving commission's order not to be heard, on objec- 
 tion, pending suspension of order in supreme court or by law. 
 
 (Okla. IX 24.) 
 Private rights of action not affected by penalties imposed by commis- 
 sion on company. (Okla. IX 24.) 
 Property 
 
 Rolling stock and other movable property is personal property; all 
 real and personal property liable to execution and sale and may 
 not be exempted therefrom. (Okla. IX 7.) 
 Rates 
 
 For same class of messages rates not to be more for shorter than 
 including longer distance over same line in same direction unless 
 state corporation commission permits in certain named cases; ex- 
 ceptions enumerated. (N.M. XI 10; Okla. IX 30; Va. XII 160.) 
 For same kind of message rates not to be more for shorter than in- 
 cluding longer distance, over same line in same direction, except 
 that air-line distance may be basis in certain cases; corporation 
 commission may prescribe other rates; exceptions enumerated. 
 
 (N.M. XI 10.) 
 " Frank " means writing or token issued by or under authority of 
 transmission company, entitling holder to any service from such 
 company free of charge. (Okla. IX 34; Va. XII 153.) 
 No discrimination to be made between places or persons. (S.C. IX 5.) 
 Passes forbidden except to employees and their families and numerous 
 named classes of persons, such as those engaged in religious and 
 charitable work, destitute persons, ex-soldiers, caretakers of ship- 
 ments, inspectors, etc., and in cases of calamitous visitation"; 
 violation of section a crime and legislature to provide penalties. 
 
 (Okla. IX 13.) 
 Passes or reduced rates not offered public not to be granted member 
 of legislature or state, county, district or municipal officer; members 
 and officers of corporation commission excepted, penalties on com- 
 pany to be prescribed; on recipient, forfeiture of office and other 
 penalties to be prescribed; street railroads excepted as to policemen 
 
 and firemen. (Va. XII 161.) 
 Shall be construed to mean rate of charge for any service rendered 
 or to be rendered and includes joint rates, and " charge " includes 
 joint charges. (Okla. IX 34; Va. XII 153.)
 
 I . ]] 
 
 TRANSMISSION COMPAN'll 
 
 I; mi 
 
 Special ratea permitted ■ 
 
 1 limitation ,, 
 
 servi ikla, l\ 
 
 Special rata pen 
 
 commutation ticki 
 
 United Stafc 
 Supervision and c 
 
 Regtjlatioh 
 
 By Commission 
 Corporation i 
 
 require 
 Corporation comn 
 
 ■ 
 
 Xo order of commies 
 
 Rate: lb '. i • 
 
 reference I . 9m . 
 
 pany ns a whole within 
 Rates., classifications, rules, 
 
 scribed by corporation oomn 
 
 Supervision and fonlr.il in nil m • 
 rates, abuse?, fari 
 poration commission. (Okln. 1 
 Definition 
 
 Includes joint regUlatii i 
 
 By Legislature 
 
 Legislature to prevent al 
 cliarges, supervise an I 
 and provi 
 
 Repeal of. Constitutional Pbovi 
 After a designated d I 
 provisions of constituti 
 vice corporations, their i v 
 
 After a designated da1 
 provisions of eonstibrl 
 powers and duties and pr<> 
 
 ■ 
 
 TRANSPORTATION COMPANIES 
 See also TRANSMIS8K 
 For provisions relating to all 
 For provisions relating to all
 
 1502 feTATE Constitutions 
 
 TRANSPORTATION COMPANIES (Cont'd) 
 Car companies, See Car Companies. 
 Common carriers, See Common Carriers. 
 Express companies, See Express Companies. 
 Railroads, See Kailroads. 
 
 Sleeping car companies, See Sleeping Car Companies. 
 Steamship companies, See Steamship Companies. 
 Street railroads, See Street Railroads. 
 Acceptance of State Constitution 
 
 " Complete " acceptance of constitution prerequisite to benefit of any 
 future legislation; provision does not validate any charter. 
 
 (Okla. IX 11.) 
 Must accept provisions of constitution as condition precedent to 
 benefit under future general or special laws, " other than in execu- 
 tion of a trust created by law or by contract". (Ala. XII 246.) 
 Must accept provisions of constitution as condition precedent to ben- 
 efit under future general or special laws. (Pa. XVII 10.) 
 To be filed " in binding form " in secretary of state's office as pre- 
 requisite to benefit of any future legislation. (Colo. XV 7; Mont. 
 
 XV 8.) 
 To be filed in secretary of state's office as prerequisite to benefit of 
 any future legislation. ( Wyo. X Railroads 6.) 
 
 Appeals to Courts 
 
 Appeals from rates fixed by legislature to courts permitted, rates so 
 fixed standing pending appeal. (N.D. VII 142.) 
 
 On decision of railroad commission on right to raise rate, not review- 
 able except on question of confiscation. (Cal. XII 20.) 
 
 Rates fixed by board of railroad commissioners stand pending appeal 
 
 to courts. (N.D. VII 142.) 
 
 To supreme court; new evidence not to be introduced; commission's 
 order deemed prima facie correct; case may be remanded for fur- 
 ther investigation. (Okla. IX 22; Va. XII 156f.) 
 
 To supreme court; court must substitute own order for reversed 
 order of commission, which has effect as of original date of re- 
 versed order; otherwise reversal order invalid. (Okla. IX 23; 
 
 Va. XII 156g.) 
 
 To supreme court on rates, charges, classifications, train - schedules, 
 additional facilities, suspending bonds and additional security on 
 appeal, provided for. (Okla. IX 20; Va. XII 156d.) 
 
 To supreme court; other orders of commission, based on different 
 circumstances, are not affected. (Okla. IX 23; Va. XII 156g.) 
 
 To supreme court; supersedeas may be granted; suspending bond 
 required to prevent rates, classification, etc., becoming effective; 
 accounts must be kept, pending appeal, of disputed amounts col- 
 lected, to make refunds, if ordered. (Okla. IX 21; Va. XII 156e.) 
 
 Any company which does not comply with order of commission may 
 remove cause to supreme court (detailed provisions given). (N.M. 
 
 XI 7.)
 
 J M>1 
 
 TRANSPORTATION COMPANY I 
 Bonds 
 
 Fictitious iiici' 
 To be issued onlj I 
 be dune) ox moneg oi prop* 
 Cabs or Motive Pown 
 
 Preferences in furnishing 
 
 lessee, manager or em] 
 As Common * much bj 
 Declared to be commo 
 
 subject to legislate 
 
 Declared to 1" 
 
 BOriB, pi "I" : ; _. . m 
 
 Declared to be common carrii 
 
 [i al. Xll 17; Utah Ml 12; Wash. M: 
 
 Declared to be con 
 
 Lire and subject to liability 
 Connection & and 
 
 Every public 
 
 state must receive and transport, v>it 
 cars, loaded oi 
 
 loaded or empty, wit li"iu d. I -u or die rim 
 tation corporations, under regulati 
 
 Must receive and transport each ol 
 
 out discrimination or unnecessary delay. 
 
 Right to connect at state lines or into 
 way or road ; must receive other i 
 without delay or discriminate' 
 
 Right in every publie service corpi 
 do transportation business in 
 to cross, intersect or connect with lit 
 
 Consolidation 
 
 Holding companies, control of 
 
 bidden by constitution, forbid 
 Jury trial to determine whether lil 
 
 be demanded by complainant. 
 Not to consolidate stock, properl 
 
 common with parallel i 
 Not to consolidate Btock, prop rtj 
 
 Permitted with writfo 
 lature may further limit i 
 
 CONSTROTloN 
 
 Every public .- 
 of state to do trail 
 operate lil
 
 ±'0V± OXATJi V^ DESTITUTIONS 
 
 TRANSPORTATION COMPANIES (Cont'd) 
 Definition 
 
 Includes any company, trustee or other person owning, leasing or 
 operating for hire railroad, street railway, canal, steamboat or 
 steamship line, freight car company, car association, car trust, ex- 
 press company, or company, trustee or person in any way engaged 
 in business as common carrier over route acquired in whole or part 
 
 by eminent domain. (Va. XII 153.) 
 Includes any company, corporation, trustee, receiver or other person 
 owning, leasing or operating for hire, railroad, street railway, canal, 
 steamboat line, freight car company, car association, express com- 
 pany, sleeping car company, car corporation, or company, trustee 
 or person in any way engaged in such business as a common car- 
 rier over route acquired in whole or part by eminent domain or 
 
 under federal grant. (Okla. IX 34.) 
 Discrimination 
 
 In charges or facilities between places or .persons for freight or pas- 
 sengers, forbidden. (Cal. XII 21.) 
 In charges or facilities between places or persons for freight or pas- 
 sengers, or in facilities for transportation of same classes of freight 
 or passengers, forbidden. (Wash. XII 15.) 
 iSame ; except that commission may permit competitive rates at junc- 
 tional and competitive points, with water competition or with 
 
 points in other states. (S.C. IX 5.) 
 In charges or facilities between transportation companies and indi- 
 viduals by abatement, drawback, etc., forbidden. (Ark. XVII 6; 
 
 Pa. XVII 7.) 
 In charges or facilities between transportation companies and indi- 
 viduals, forbidden. (Mo. XII 23.) 
 In charges or facilities for freight or passengers, forbidden. (Mont. 
 
 XV 7.) 
 
 Commission may permit discrimination by making competitive rates 
 
 at junctional and competitive points, with water competition or 
 
 with points in other states. (S.C. IX 5.) 
 
 Corporation commission to institute cases before federal authorities 
 
 where interstate rate discriminates against citizens of state. 
 
 (N.M. XI 9.) 
 Delay or discrimination in receipt or transportation of cars, loaded 
 
 or empty, from other lines, forbidden. (S.C. IX 6.) 
 Same; or in delivery of same. (Ariz. XV 8.) 
 
 Delay or discrimination in receipt or transportation of passengers or 
 freight from other lines, forbidden. (Ariz. XV 8; S.C. IX 6; 
 
 Utah XII 2.) 
 Equal rights to all to have persons or property transported ; prefer- 
 ence may be given perishable property. (Ida. XI 6.) 
 " Long and short haul " provisions, See below, this title, " Long and 
 
 Short Haul " Provisions. 
 Passes or reduced rates, See below, this title, Passes or Reduced 
 
 Rates.
 
 ■ 
 
 TRANSPORTATION COMPANJ 
 
 DlSCBIMINATIO 
 
 la ral - 
 epeciaJ rates, • p 
 
 i'atii.ii i. ., 
 
 " ■'' I 
 
 tor tram 
 
 I NJ>i:i:i I I) \ ! 
 
 Fictitious i'. 
 Ltab iu iv Coo new re 
 May not conl 
 
 " l.nM, A.WB II m i Ik, a : - 
 
 ;t tnaj , after ii 
 than foi 
 
 Commission may auth 
 haul " provision to or fi 
 where competition of points in othei 
 teet eomraerce of state. (N.M. X] 
 
 Commission not prevented by "long and 
 making competil ire i. 
 water competition >t with | 
 
 Persons ami property to I 
 than including longer 
 Ilia: interim 
 
 Persons an I pi opei I 
 same class to more distant pi 
 
 • 
 
 Persons and pi 
 for same ebtfifi, In i 
 
 <jFF!CKi:s. Ai n Ekfuoti 
 
 [oeligiWte t,> 91 rte 
 
 OB Ki i>i ■ BD Ham - 
 
 Acceptance by member of I 
 functions a mi- I 
 diction "f offense; up* 
 
 Excursion ami eorarootatfon I 
 
 l'.seur.-ion ami '-" : 
 
 Forbidden except :• 
 18
 
 1506 State Constitutions 
 
 TRANSPORTATION COMPANIES (Cont'd) 
 Passes or Reduced Rates (Cont'd) 
 
 Forbidden to person holding office of honor, trust or profit in state; 
 acceptance by member of legislature or public officer, except rail- 
 road commissioner, forfeits office. (Cal. XII 19.) 
 
 Forbidden to members of legislature, board of equalization, or state, 
 county or municipal officers. (Mo. XII 24.) 
 
 Forbidden to members of legislature or state, district, county or 
 municipal officers, except railroad commissioner. (Miss. VII 188.) 
 
 Free transportation must be furnished within state to members of 
 commission and its officers. (Va. XII 155.) 
 
 Not forbidden by constitution in serving state or local governments, 
 charities, fairs, or destitute or indigent persons. (La. 286.) 
 
 Other than as given public generally, forbidden to member of legis* 
 lature or person holding any public office within state; legislature 
 to pass laws thereon. (Wash. II 39, XII 20.) 
 
 Other than as given public generally, forbidden to member of legis- 
 lature or state, county, district or municipal officer; members and 
 officers of corporation commission excepted; penalties on company 
 to be prescribed ; on recipient, forfeiture of office and other penal- 
 ties to be prescribed; street railroads excepted as to policemen and 
 
 firemen. (Va. XII 161.) 
 
 Other than as given public generally, forbidden to member of legis. 
 lature or any salaried officer of state; suitable penalties to be pro- 
 vided. (Fla. XVI 31.) 
 
 Other than as given public generally, forbidden to member of legis- 
 lature or officer exercising judicial functions; bona fide employees 
 who are members of legislature excepted. (Ala. XII 244.) 
 
 Passes forbidden except to employees and their families and numer- 
 ous named classes of persons, such as those engaged in religious and 
 charitable work, destitute persons, ex-soldiers, caretakers of ship- 
 ments, inspectors, etc., and in cases of "calamitous visitation"; 
 violation of section a crime and legislature to provide penalties. 
 
 (Okla. IX 13.) 
 
 Piuses to any officer of state, legislative, executive or judicial, to be 
 prohibited by legislature. (Ark. XVII 7.) 
 
 Passes to ministers, hospital inmates, or to railroad -officers, em- 
 ployees, stockholders and directors, not prohibited by constitution. 
 
 (La. 287.) 
 
 Special rates not forbidden by constitution for exigencies; in mileage 
 and commutation tickets; for public objects; in state or United 
 States service. (Okla. IX 30; Va. XII 160.) 
 
 Special rates permitted for exigencies; in mileage, excursion and 
 commutation tickets; for public or charitable objects; in state or 
 United States service. (N.M. XI 10.) 
 Private Actions or Proceedings 
 
 No question of reasonableness, justness or validity of commission's 
 order, made within its authority and then in force, to be raised 
 directly or collaterally. (Okla. IX 24.)
 
 
 ■ i.M-I.X Dl( 
 
 TRANSPORTATION COMPAIs 
 Peivati 
 Privati 
 tion, pendii 
 
 Private rig 
 
 Rolling stock and other n 
 real and p. rsonal • 
 
 i;.\ 
 
 Discriminal 
 
 " Long and haul " p 
 
 Passes or 
 
 Regulation by legislator* 
 
 Shall be construed to mi a i 
 or tn be rendered and includes joinl 
 joint charges. (Okla. I\ 34 j Va. Ml IS 
 
 Regulation 
 
 Appeals to courts, Set above, thi title, Appi 
 Under general supervision 
 
 Bocks and records may be in 
 ina\ [uiredj by corporal ii 
 
 Books and 
 
 of account- may be prescribed 
 
 Corporation commission 
 
 institute case- before federal 
 etc., or discriminati 
 
 Legislature to prevent abu 
 charges; supervise and regul ib 
 provide penalties to extent of i 
 
 No order of commission .-hall I 
 
 i 
 
 Railroad commission not prohil 
 shippers, if n<> discrimination 
 
 Kate-, classifications, i 
 by corporation commission 
 
 Rates, facilities enuipm< 
 
 corporation COB I. XI I 
 
 Rates ma : ' ' lblished '
 
 1508 State Constitutions 
 
 TRANSPORTATION COMPANIES (Cont'd) 
 Regulation ( Con t'd ) 
 
 Rales or charges may be raised only upon showing before railroad 
 commission, wlto?e decision is reviewable only on question of con- 
 fiscation. (Cal. XII 20.) 
 Legislature may enact laws regulating and controlling rates of 
 charges for transportation of passengers, intelligence and freight, 
 as common carriers, from one point to another in state. (N.D. 
 
 VII 142.) 
 
 Supervision and control in all matters relating to public duties, 
 
 rates, abuses, facilities, inspection, etc., vested in state corporation 
 
 commission. (Okla. IX 18; Va. XII 156b.) 
 
 Term " regulation " includes joint regulations. ( Okla. IX 34 ; Va. 
 
 XII 153.) 
 Repeal of Constitutional Provisions by Legislature 
 
 After a designated date, legislature given power to repeal certain 
 provisions of constitution relating to certain classes of public 
 service corporations, their rates, facilities, etc. (Okla. IX 35.) 
 After a designated date, legislature given power to repeal certain 
 provisions of constitution relating to corporation commission, its 
 powers and duties and procedure on appeal therefrom. (Okla. IX 
 
 35; Va. XII 156 (1).) 
 Reports 
 
 Special, in addition to annual, reports may be required by secretary 
 
 of internal affairs. (Pa. XVII 11.) 
 iSpecial reports, under oath, may be required by state corporation 
 
 commission. (N.M. XI 11.) 
 Safety Appliances 
 
 May be required by corporation commission where necessary or where 
 required by federal law; right to remove question to supreme 
 
 court provided for. (N.M. XI 7.) 
 Stock 
 
 Fictitious increase of stock or indebtedness shall be void. (Miss. VII 
 
 196.) 
 
 To be issued only for money, labor done (or in good faith agreed to 
 
 be done) or money or property actually received. (Miss. VII 196.) 
 
 TREASON 
 
 As qualification for office, See Public Officers — Qualifications and 
 
 Disqualifications. 
 As disqualification to vote, See Elections — Qualifications and Dis- 
 qualifications of Electors. 
 Attainder by legislature, See Attainder. 
 Bail in cases of, See Bail. 
 Definition 
 
 Shall consist only in levying war on state, adhering to enemies, or 
 giving them aid and comfort. (Ala. I 18; Ariz. II 28; Ark. II 14; 
 Cal. I 20; Colo. II 9; Conn. IX 4; Del. VI 3; Fla. D.R. 23; Ga. I 
 Sec. II 2; Ida. V 5; Ind. I 28; Iowa I 16; Kan. B.R. 13; Ky. 229; 
 La. 163; Me. I 12; Mich. II 21; Minn. I 9; Miss. Ill 10; Mont.
 
 
 TREASON [Cont'd] 
 
 Defohtio.v (Cont'd) 
 
 III ■«. \i. ;i 
 
 X.C. IV 5; X.l). I ]■>-, OkU. 1 
 ■ Tex. I 22; I ml. 1 l 
 
 EVTDBITOE \hkss\ky i 
 
 Tesfimonj of 
 in open court. 
 Colo, n 9; Conn. IX 4; ] 
 
 Ida. V :>: [nd. 
 
 Met I 13; Mkh; II 21; Mm,.. 
 ni 9; tfebr. E 14; Nev. I 
 X.n. 1 ! i.U 18; I 
 
 Wash. I 27; W.V.i. II 6; Wi 1 
 No person to be convicted of unl< 
 
 Pardons, Kki'kii.yi 9, a 
 
 In cases of treason go 
 
 ■.t session of leg I 2 
 
 In cases of treason, governor i 
 senate, and may respiti 
 
 In case of treason, governor maj 
 session of legislature, in which 1 
 
 In case of treason, governor with 
 
 grant pardons, and to I 
 
 succeeding Session "f 
 In case of ; 
 
 grant repri 
 
 sentence until adjourni 
 
 ■ 
 On conviction I 
 
 nut il case repoi 
 
 shall either pardon, dired 
 
 On conviction f 
 uni :7 case ri pi 
 
 !on. cor 
 
 fin ■ ri. w. fGft. V Sec. I 12 
 
 VI 9 ' If. V. 1" 
 
 - ime- " nexl reg-ulnr 
 
 - 
 
 Same: ° nexl regul i 
 
 " or granl fui 
 On 
 
 nnti 
 
 1 
 
 repi
 
 3 510 State Constitutions 
 
 TREASON (Cont'd) 
 
 Pardons, Reprieves, and Commutation of Sentence (Cont'd) 
 
 sentence to be enforced at time and place directed by governor. 
 
 (Ma. IV 11; Nev. V 13.) 
 Cases of treason excepted from power of governor to grant reprieves 
 
 and pardons. (Ariz. V 5; Colo. IV 7; Mo. V S; X.M. V 6.) 
 Cases of treason excepted from power of governor or board of pardons 
 
 to grant commutation of sentence. (Ariz. V 5: Ark. VI 18; Colo. 
 
 IV 7; La. 70; Mo. V S; Tex. IV 11. j 
 Cases of treason excepted from power of governor or board of pardons 
 
 to remit fines, penalties and forfeitures. (Ark. VI 18; Fla. IV 12; 
 
 Ga. V Sec. I 12; Ida. IV 7; La. 70; Miss. V 124; Nev. V 14; N.D. 
 
 Ill 7(3: S.D. IV 5; Utah VII 12; Vt. II 20; YYyo. IV 5.) 
 Cases of treason excepted from governor's power to remove disabilities 
 
 imposed by law. (Ga. V Sec. I 12.) 
 
 PrXISIIMEXT 
 
 Conviction of treason not to work corruption of blood or forfeiture of 
 estate. (Conn. IX 4; Fla. D.R. 23; Ida. V 5; N.C. IV 5.) 
 
 To be punished according to character of acts committed, by infliction 
 of one or more of the penalties of death, imprisonment or fine, as 
 prescribed by law. (W.Va. II 6.) 
 
 TREASURER 
 
 Under this heading are digested those provisions which specifically refer 
 to this officer. For provisions relating to all officers and hence to this 
 one, See the title Public Officers. 
 Accounts 
 Keeping 
 
 To keep separate account of each fund in hands. (Colo. X 12; 
 
 Mont. XII 13.) 
 To keep separate accounts of funds, and number and amount of 
 
 warrants received and from whom. (Mo. X 16.) 
 Uniform system of bookkeeping for use of all treasurers to be 
 prescribed by state examiner. (Okla. VI 10.) 
 Reports 
 
 On matters pertaining to office if required by governor or legis- 
 lature. (Ala. V 137.) 
 Legislature to provide concerning annual or biennial reports. 
 
 (Me. Amend. 23.) 
 To compile and have published report on or before December 31st 
 
 for preceding fiscal year. (Miss. IV 115.) 
 Every year at time fixed by legislature to make report to 
 governor showing receipts and disbursements of every char- 
 acter, claims audited and paid out by items, and taxes and 
 revenues collected and paid into treasury and sources thereof. 
 
 (Ala. V 137.) 
 
 Accounts rendered quarterly to comptroller, and copies of 
 
 accounts rendered and settled to be submitted to both houses 
 
 of legislature on third day of each regular session. (Md. VI 
 
 4.)
 
 I 
 
 TREASURER [Cont'd) 
 
 A< , OTJ ■ | Tr/l 
 
 Reports [Con? 
 To mak< 
 
 ite, includir 
 
 and 6X] 
 ■ ml of ■ 
 
 writing un 
 
 h fund, pli 
 amounl 
 
 each fundi pla 
 of every w 
 warrant paid duj 
 
 Publication 
 
 ( rovernor to publish 1 1 
 paper 
 
 
 
 To publish monthly in Buch n< 
 
 an abstract 
 
 place or places of dej 
 Detailed statement of m< 
 
 ceding year, for what pui 
 
 law authorized, and of all 
 
 authority and from v 
 
 newspaper 
 
 and in n< 
 Within 10 da\ a aft. 
 
 to publish 
 
 government, showii * \>\r.\ 
 
 and in wliat fund- 
 In- has verified counl of f n 
 To publish quarterly 
 ernor, Bhov 
 
 vcnmr. or 01 1" r • 
 quarterly I 
 government, and othei 
 
 Audit and Examination, 
 Appointment bi 
 Assistants 
 
 Appropriations for 
 
 and n"t to 
 No -alary for 
 
 
 Clerical
 
 1512 State Constitutions 
 
 TREASURER {Cont'd) 
 Bond 
 
 To be prescribed by law. (Md. VI 1.) 
 
 Sureties to satisfaction of legislature. (Me. V Pt. IV 2.) 
 
 To give bond and security under regulations prescribed by law for 
 
 faithful discharge of duties. (Ga. V Sec. II 6.) 
 Sufficient security given secretary of state, in behalf of state, before 
 
 governor or justice of highest court. (Vt. II 25.) 
 May be required by governor to give reasonable additional security; 
 
 in default of so doing, office to be deemed vacant. (111. V 2.) 
 Of not less than double amount of money that may come into hands, 
 and not less than $50,000 ; sureties, and approved " thereof ", 
 and increase of penalties, as may be prescribed by law. (Xebr. V 
 
 25.) 
 Treasurer and sureties in all cases responsible for keeping and man- 
 agement of public funds in hands of treasurer notwithstanding regu- 
 lations by legislature therefor. (Colo. X 12; Mont. XII 13.) 
 Compensation 
 Salary 
 
 As to whether salary fixed may be changed by law, See below, 
 
 this subdivision, Increase on Decrease. 
 Fixed by law. (Ala.-V 118; Colo. IV 19; 111. V 23; Kan. I 15; 
 Minn. V 5; Miss. V 134; Mo. V 24; X.Y. V 1; X.C. Ill 15; 
 Ohio III 19; Okla. VI 34; S.C. IV 24; W.Va. VII 19; Wis. 
 
 VI 3.) 
 Fixed at 9800. (Ore. XIII 1.) 
 Fixed at $1,000. (Ida. IV 19; Utah VII 20.) 
 Fixed at $1,800. (S.D. XXI 2.) 
 
 Fixed at $2,000. (Fla. IV 29; X.D. Ill 84; Wash. Ill 19; Wyo. 
 
 IV 13.) 
 Xot to exceed $2,000. (Ga. V Sec. II 2.) 
 
 Fixed at $2,500. (Ark. Sched. 2S; Md. VI 1; Mich. VI 21; 
 
 Xebr. V 24.) 
 Fixed at $2,500 "and no more". (Tex. IV 23.) 
 Fixed at $3,000. (Ariz. V 13; Mont. VII 4: X.M. V 12; Okla. 
 
 Sched. 15.) 
 Fixed at $4,000: (La. 81.) 
 Fixed at $5,000. (Cal. V 19.) 
 
 Acting as governor, same as governor. (Ala. V 129.) 
 Increase or Decrease 
 In Genrral 
 
 Allowed. (Ariz. V 13; Idi. IV 19; Mont. VII 4; X.D. Ill 
 
 84; Okla. Sched. 15; Utah VII 20; Wyo. IV 13.) 
 Allowed after eight years from adoption of constitution. 
 
 (Fla. IV 29.) 
 Allowed after 10 years from date of admission as state. 
 
 (X.M. V 12.) 
 Allowed, but total not to exceed $3,000. (Ark. XIX 11.) 
 Increase allowed, but total not to exceed $4,000. (Wash. Ill 
 
 19.)
 
 
 
 TREASURER « 
 
 COMPENSATION ' 
 
 Increase or Decrease I 
 In 
 
 S \i 
 
 
 
 Prohibited dm 
 
 111 
 
 84; Ohio III I 
 Prohibi 
 
 Prohibited to 
 
 only salary pi 
 
 Compensation Other Than Salary 
 Emolument OJP alluwiuic- other : 
 
 Salary to be in full payment for ail 
 
 Salary to be in full for all - 
 
 or employment during tan 
 
 M 
 Compensation lim \ i i \ 
 
 V 23; Ky. 96; 
 
 XT. V 1; Okla. VI 34; W.Va, \ll 
 
 ligation limited 
 absent froi 
 
 Not to receive additional i 
 
 rendered state in i 
 
 or other interests belo 
 Fees For perfoi 
 
 Mtont. VII »; N.M. V 
 Fees or perquisites f< 
 
 (Al .. \ 137 j A.k. M \ r 
 
 VI i : Mich \! _•: 
 
 VI 34; Ore. XIT1 1; S.D. XXI 
 
 or for perfoi i 
 when abeenl ti
 
 1514 State Constitutions 
 
 TREASURER (Cont'd) 
 
 Compensation (Cont'd) 
 
 Compensation Other Than Salary (Cont'd) 
 
 Costs not to be received. (Ala. V 137; Ark. XIX 11; 111. V 23; 
 Mo. V 24; Xebr. V 24; Okla. VI 34; Tex. IV 23; W.Va. VII 
 
 19.) 
 Commissions not to be received. (Md. VI 1.) 
 Interest on public moneys in hands or under control, not to be 
 
 received to own use. (Xebr. V 24.) 
 
 Fee. interest or reward from any person, bank or corporation 
 
 for deposit or use of public funds, not to be allowed directly 
 
 or indirectly; legislature to enforce by suitable penalties. (Ga. 
 
 V Sec. II 5.) 
 Payment into treasury, See beloiv, this title, Fees. 
 Expenses 
 
 Legislature may provide for actual and necessary expenses while 
 traveling in state in performance of official duty. (Utah 
 
 VII 20.) 
 Xecessary expenses when absent from seat of government on 
 
 business of state. (Ga. V Sec. II 7.) 
 Xo salary for clerical service to exceed $1,800 for each clerk. 
 
 (Cal. V 19.) 
 
 Clerical expenses not to exceed $1,600 a year. (Ga. V Sec. II 2.) 
 
 Appropriations for clerical and other expenses to specify each 
 
 item and not to exceed in any one year $3,600. (La. 82.) 
 
 Payment 
 
 Monthly. (La. 81.) 
 
 Quarterly. (Ida. IV 19; Mont. VII 4; Xev. XVII 5; X.M. V 12; 
 
 Utah VII 20.) 
 Dual Office Holding, See beloiv, this title, Qualifications and Dis- 
 qualifications. 
 Election 
 
 Under this subhead are digested tuose provisions which specifically 
 refer to this officer; for provisions relating to elections in general, 
 See the title "Elections"'; for provisions allowing the legislature 
 to establish offices and provide for their election or appointment, 
 
 See the title " Public, Officers ". 
 Electors 
 
 Qualified electors of state. (Ala. V 114; Ark. VI 13; Colo. IV 
 3; Del. Ill 21; Ida. IV 2; Ind. VI 1; Iowa IV 22; Kan I 
 1; Ky. 91; La. 79; Minn. V 1; Mont, VII 2; X.C. Ill 1; X.D. 
 Ill 82; Ohio III 1; Ore. VI 1; Pa. IV 21; S.C. IV 24; S.D. IV 
 12; Tex. IV 2; Utah VII 2; Va. V 81; Wis. VI 1; Wyo. IV 
 
 ID 
 Same as for governor. (Cal. V 17; Mass. Amend. 17; Miss. 
 
 V 134, 143; Xev. V 19.) 
 Same as for members of legislature. (Ga. V Sec. II 1.) 
 Two houses of legislature on joint ballot. (Me. V Pt. IV 1; 
 
 Md. VI 1; X.H. II 66; X.J. VII Sec. II 3.) 
 Treasurer or treasurers appointed by joint vote of both houses 
 
 of legislature. (Tenn. VII 3.)
 
 I.M'i.x Dig 
 
 TREASURER {Confd) 
 Election (Coni 
 
 Time and Places 
 
 As prescribed bj I 
 Same as for governoi 
 l ; Muss. Amend, i 
 
 Same as for 
 
 November, 1 B95, and • 
 Same ae for membi 
 
 Ida. I\ 2; 5 in. I 1 ; Mont \ II 
 
 Ora VI l: S.D. l\ : 
 
 Sai 
 
 At ea< ii regul 
 
 Biennially at B 
 
 At general election. 
 
 At general election in I 
 
 Tuesday after lir-t Monda] in .V 
 
 for members of legislature. (Ohio 111 
 Biennially on first Tuesday after | 
 
 Tuesday after firsl Monday of Xo 1 
 years thereafl i such pla 
 
 Tuesday after tir.-t Monda; 
 
 tie 
 
 Tuesday after firsl Mond 
 
 t In 
 At town, ward and disti id mi 
 Monday in November, 19 
 
 Returns and Canvass 
 Coi i lections, 
 
 Election in 
 Returns made in i 
 
 Same as for governor. I < 'iiL \ 
 
 Amend. 17: Mi--. V 
 Faci of election a 
 
 ea i,, )„■ rel ui i 
 manner as for 
 
 iptroller onJ nn. 1 \ 
 
 ority vo 
 
 Majority
 
 1516 State Constitutions 
 
 TREASURER (Cont'd) 
 Election (Cont'd) 
 
 Returns and Canvass (Cont'd) 
 
 Specific provisions appear in constitution, but since same as for 
 election of governor, are not repeated here. Bee Governor — 
 Election. (Ala. V 115; Ark. VI 3; Colo. IV 3; 111. V 4; 
 Kan. I 2; Minn. V 2; Mo. V 3; Xebr. V 4; X.C. Ill 3; Ohio 
 III 3, 4; Tex. IV 3; Vt, II 39; Wash III 4; W.Va. VII 3.) 
 Failure to Elect 
 
 Legislature, on organization, to meet in joint convention and 
 elect, by majority vote, person to fill office, who shall serve 
 for full term and until successor elected and qualified. (ILL 
 
 Amend. XI 3, 7.) 
 Failure to receive highest number of votes, See beloiv, this sub- 
 division, Tie Vote. 
 
 Contested Elections 
 
 Procedure in case of tie vote, See below, this subdivision, Tie 
 
 Vote. 
 Determined as prescribed by law. (Ida. IV 2; Mo. V 25; Mont. 
 
 VII 2.) 
 Determined by both houses of legislature in joint session. ( Tex. 
 
 IV 3.) 
 Determined by legislature in manner prescribed by law. (Ala. 
 
 V 115; Ga. V Sec. I 6, Sec. II 1; Wash. Ill 4.) 
 Determined by both houses of legislature by joint ballot in 
 manner prescribed by law. ( Colo. IV 3 ; 111. V 4 ; Xebr. V 4 ; 
 
 X.C. Ill 3.) 
 
 Determined by members of both houses in joint session at first 
 
 session of legislature after election in which contest arises. 
 
 (Ark. VI 4.) 
 Contests concerning vote of county or district to be decided by 
 majority of whole number of members of lower house by a 
 viva voce vote recorded in journal. (Miss. V 134, 140.) 
 Tie Vote 
 
 If no person has majority of votes, legislature by joint vote to 
 elect one of three candidates having highest number of votes. 
 
 (Vt. II 39.) 
 
 Legislature at next regular session to elect forthwith by joint 
 
 vote one of persons in tie. -(Ariz. V 1; Ida. IV 2; Mont. VII 
 
 2; Utah VII 2.) 
 
 Legislature by joint vote to elect one of persons in tie. (Cal. V 
 
 4, 17; Colo. IV 3; 111. V 4; Kan. I 2; Mo. V 3; Xebr. V 4; 
 
 Xev. V 4, 19; X.C. Ill 3; Ohio III 3; Wash, in 4; W.Va. 
 
 VII 3.) 
 Legislature by joint vote to elect one of persons in tie; majority 
 
 vote necessary to choice. (R.I. Amend. XI 3, 7.) 
 Legislature by joint vote to elect one of persons in tie; ma- 
 jority of members elected necessary to choice. (Ark. VI 3.) 
 Legislature by joint vote without delay to elect one of persons in 
 
 tie. (Ark. V 115; Tex. IV 3.)
 
 I 
 
 TREASURER (( 
 Election (Coni 
 Tie Vote 1 1 
 
 Legislal are on Bei ond 
 
 t»llt 
 
 It failure to el 
 
 before 1 1 > i • ■ 1 Wedn< 
 
 joint baUoi 
 [f no person has n 
 
 one of ■ 
 
 tote, and 
 
 If no person i 
 joril 
 having 
 
 Election to Fill Vacancy, 
 Expenses, Set this tit\ 
 
 Fees 
 
 A.8 to whether /'• ■ s may bt 
 TT0X — Com ir%- Mi"' i 
 
 Fees and profits to be covered in1 
 
 Fees payable by law to be paid in 
 
 XIX 11- Oolo. IV 19; 111. V 23; Mo. \ 
 
 Fees payable by law to 1 Uected in 
 
 treasurer quarterly to credit 
 
 Fees payable by law to be paid aJ once inl 
 Fees payable by law to be paid when 
 
 Fees collected to be covered inl 
 Impeachment 
 
 See also Impeachment. 
 May be impeached. (Tex. x^ 
 For misdemeanor in office. (Cal I\ 
 Pot corrupt oondufll «o» r< 
 
 For wilful neglect -of duty, corrupi 
 
 peranoe bi u I 1 - « * 
 
 turpitude in office (Ala ■ VI. 1. 
 For crime in official i which BM 
 
 For high erimes or n.i- 
 
 drunkenn. 
 For "high crimea and .,.,- 
 
 ,,„,. in offiee, for inoompei 
 
 * — "■"
 
 1518 State Constitutions 
 
 TREASURER {Cont'd* 
 Oath of Office 
 
 As prescribed by law. (Md. VI 1.) 
 
 Administered by governor or justice of highest court. (R.I. IX 5.) 
 Form prescribed, affirmation allowed. (Minn. V 8.) 
 Office and Public Records 
 
 Office to be kept at seat of government. (Ariz. V 1; Ark. VI 1; 
 Kan. Sched. 6; Md. VI 1; Mich. VI 1; Nev. XV 12; N.D. Ill 82; 
 Okla. VI 1; S.D. IV 12; Wyo. IV 11.) 
 Office to be kept at seat of government, but in case of invasion or 
 violent epidemics, governor may direct office to be removed tem- 
 porarily to other place. (Fla. XVI 10.) 
 Public records to be kept at seat of government. (Ariz. V I; Colo. 
 
 IV 1; Ida. IV 1; 111. V 1; Ind. VI 5; Mo. V 1; Mont. VII 1; 
 Nebr. V 1 ; N.M. V 1 ; Okla. VI 1 ; Ore. VI 5 ; Utah VII 1 ; Wash. 
 
 Ill 24; W.Va. VII 1.) 
 Seal of office to be kept at seat of government. (N.M. V 1.) 
 Powers and Duties 
 
 As prescribed by law. (Ala. V 137; Ark. VI 22; 111. V 1; Ind. VI 1; 
 Iowa IV 22; Ky. 01, 03; Md. VI 4; Mich. VI 1; Minn. V 5; Mo. 
 
 V 1; Xebr. V 1; Nev. V 22; X.Y. V 6; X.C. Ill 13; N.D. Ill 83; 
 Ore. VI 4; R.I. VII 12; S.G. IV 24; S.D. IV 13; Tex. IV 23; Utah 
 VII 17; Va. V 81; Wash. Ill 17; W.Va. VII 1; Wis. VI 3; Wyo. 
 
 IV 12.) 
 As prescribed by constitution or by law. (Ariz. V 1, 0; Ida. IV 1; 
 
 Mont. VII 1; Okla. VI 1; Utah VII 1.) 
 Succession to governorship, See Governor. 
 
 Fee. interest or reward from any person, bank or corporation for 
 deposit or use of public funds, not to be allowed directly or in- 
 directly. Legislature to enforce by suitable penalties. (Ga. V 
 
 Sec. II 5.) 
 Qualifications and Disqualifications 
 Age 
 
 Twenty-five years. (Ariz. V 2; Colo. IV 4; Miss. V 134, 133; 
 
 Mo. V 10; N.D. Ill 82; Wyo. IV 11.) 
 Twenty-five years at time of election. (Ala. V 132; Ga. V Sec. 
 
 II G.) 
 Twenty-five years (at time of election (?)) . (Ida.' IV 3; Mont. 
 
 - VII 3.) 
 Thirty years. (N.M: V 3; Okla. VI 3.) 
 Thirty years at time of election. (Ky. 01; Utah VII 3.) 
 Citizenship 
 
 In United States. (Colo. IV 4; Ida. IV 3; Mo. V 10; Mont. 
 
 VII 3; N.M. V 3; X T .D. Ill S2; Okla. VI 3; Wyo. IV 11.) 
 In United States for seven years (preceding election (?) ). (Ala. 
 
 V 132.) 
 In United States for 10 years preceding election. (Ariz. V 2.) 
 In United States for 10 years (preceding election (?) ). (Ga. V 
 
 Sec-- H 6.) 
 In state for two years before election. (Ky. 01.)
 
 
 TREASURER [Confd) 
 
 QUAUM. ATI. .vs. AM, |», Q1 u .,, ,. 
 
 Citizenship (Cont'd) 
 in Btate for I 
 
 In state for ju yean 
 Dual Office Holding 
 
 [neligible to legislatui 
 
 Ineligible to legislature, but 
 
 resignation of seal in L< 
 Ineligible to legislature dui ing • onl u 
 
 to legislature and qualifii 
 
 [neligible as governor, memta 
 elect ion to office and a. i epl an 
 Beat in chair, legi ila i uuncil, 
 
 [neligible to other office durii 
 
 [neligible to other office during term ol 
 
 of state board of edu< •" ion. 
 Ineligible to other Btate office durii 
 
 Ineligible t<> other office or commi 
 or under other Btate "i l nit< 
 
 Ineligible to office of Becrel arj oi 
 
 ance commissioner, auditor, protl 
 
 register of wills, recorder, -I • 
 Ineligible to "Hi. e of j 
 
 • ountj attorney, al t"i in 
 
 probate, i egister of pn 
 
 clerk of judicial couii 
 Ineligible to offici 
 
 tenant-governor, memlx 
 
 Election to and 
 
 Electoral 
 
 Must be qualified ele< 
 tsl have been qualifii 
 
 Must have qualiflcatioi '" 
 
 
 Any elector eligible 
 Engaging in Business 
 
 Shall oot, during contin 
 
 trad.' or • "ii'' 
 
 merchant i Iv
 
 1520 State Constitutions 
 
 TREASURER (Cont'd) 
 
 Qualifications and Disqualifications (Cont'd) 
 Prior Service in Office as Disqualification 
 
 Ineligible as own successor. (Ala. V 116; Colo. IV 21; La. 80; 
 Mo. V 2; Mont. VII 1; Okla. VI 4; Pa. IV 21; Utah VII 3; 
 
 Wash. Ill 25.) 
 Ineligible to immediately succeed himself or auditor. (Miss. 
 
 V 134.) 
 Ineligible to office for more than two consecutive terms. (X.D. 
 
 Ill 82; S.D. IV 12.) 
 Ineligible for re-election for two years after expiration of term 
 
 for which elected. (Ariz. V 10; 111. V 2.) 
 Ineligible for two years after expiration of two consecutive terms 
 
 for which elected. (Nebr. V 3.) 
 Ineligible to re-election for four years after term for which 
 
 elected. (Ky. 93; Wyo. IV 11.) 
 Ineligible more than four in any period of six years. (Ind. 
 
 VI 1.) 
 Ineligible more than eight in any period of 12 years. (Ore. 
 
 VI 1.) 
 Ineligible more than five years successively. (Mass. Pt. II Ch. 
 
 II Sec. IV 1.) 
 Ineligible more than six years successively. (Me. Amend. 27.) 
 Ineligible to state office for two years after expiration of two 
 consecutive terms. <N.M. V 1 (1914).) 
 Prior Service in Other Office as Disqualification 
 
 Person serving immediately preceding term as auditor ineligible 
 to office of treasurer. (Miss. V 134.) 
 Residence 
 
 Residence dining term, See below, this title, Residence. 
 In state for two years preceding election. (Colo. IV 4; Ida. IV 
 
 3; Ky. 91; Mont. VII 3.) 
 In state for five years preceding election. (Ala. V 132; Mo. V 
 
 19; Utah VII 3.) 
 In state for five years preceding election or appointment. 
 
 (Mass. Amend. 17.) 
 Continuously in state for five years preceding election. (N.M. 
 
 V 3.) 
 Two years' residence in state by person of good character com- 
 ing to settle in state, who takes oath or affirmation of alle- 
 giance. (Vt. II 62.) 
 
 Sex 
 
 See also above, this subdivision. Electoral. 
 Must be male. (Ariz. V 2; Mo. V 19; Okla. VI 3.) 
 Removal 
 
 By governor on joint address of two-thirds of members elected to 
 
 each house of legislature for good cause. (Ark. XV 3.) 
 If during recess of legislature charges are preferred to governor for 
 incompetency, malfeasance in office, wilful neglect of duty or misap- 
 propriation of state funds, governor forthwith to notify him and
 
 I \ i . I 
 
 TREASURER (Cont'd) 
 Removal (Cont'd) 
 
 fix date for bearing of i h 
 oath, allegal ions ai e iu I iin< 
 point - t i" hold for ui 
 
 Legislature may provide foi 
 to diis< harge duties of offi 
 Legislature ma\ provide to* temporal 
 when deemed necessary bj board of 
 
 Duty of governor to Buspend alii 
 investigation of accounts and to mal 
 1<> (ill office during ii ■ ion. L 
 
 forcemenl of this provision, (Miss. \ I 
 
 Governor may suspend dun m of l< 
 
 .lavs after session begins, for eiolat 
 points officer to ad durini 
 
 Impeachment, 8< ■ "' 
 Reports, See above, this title, -V 
 Residence 
 
 A.s qualification Edr affiee, S e a* 
 
 At scat 6f government. (Ariz. \ I; Colo. H 1 -. I 
 Ind. VI 5; Mo. V I; Mont, Ml k; Neti \ I 
 23; Utah Ml k; Wtth- HI 24; WJ1 B. vTl 
 
 At scat bf government, accept d«riBg Bfidefj 
 Responsibility of 
 
 Legislature may provide by law for Bafe-ki 
 ptfblic funds in hands Of trea-uiei. I 
 
 responsible Vbatto*. (< - 1 "- x !- : M "'" N " ' 
 Ineligible to Legislature until be 
 
 ( , lU nts and discharged balance due Hereon 
 When money in hands deposited under d 
 
 ;m(1 ,„ accordance with law, treasurer n. 
 
 counf of Buch d,,M,sn thro 
 
 occasioned by loss other than bis <w 
 
 ah I. 
 
 On i.ond. See "imvr. thu I >■'. 
 
 Rotation in <*« 
 
 (JTJAlfitCATIONS PWOB SEBVICI WO 
 
 Term ok *>kii< I 
 
 Length u 
 
 1 . 
 
 
 8 forgave, (CM 1 11. I 
 
 One vear. I M ' "' 17 -' 
 
 Two vear- I Ult, > < • 
 
 XxVl] 2; Del. [II 21; Hi n Is '" * 
 1V ■>•>■ K;,, . k; MIL VI l| MM, VI 
 
 v"M vi (lil4); N> 
 XX„... KLAm.-,1. XM 
 .V. Tex. I\ I H 41; Wis. VI
 
 1522 State Constitutions 
 
 TREASURER (Cont'd) 
 
 Term of Office {Cont'd) 
 Length {Cont'd) 
 
 Three years. (N.J. VII Sec. II 3.) 
 
 Four years. (Ala. V 116; Ky. 91; La. 79; Miss. V 134, 136; 
 Mo. V 2; Mont. VII 1; Okla. VI 4; Ore. VI 1; Pa. IV 21; Utah 
 VII 1; Wash. Ill 3; W.Va. VII 1; Wyo. IV 11.) 
 To serve until successor qualified (regardless of length of term 
 specified). (Ala. V 116; Ark. VI 1; Conn. Amend. XXVII 2; 
 111. V 2; Iowa IV 22; Kan. I 1; Ky. 91; Md. VI 1; Mass: 
 Amend. 17; Minn. V 5; Miss. V 136; Mo. V 2; Mont. VII 1; 
 Nebr. V 1; N.J. VII Sec. II 3; N.D. Ill 82; Ohio III 2; R.I. 
 Amend. XVI; S.C. IV 24; Tex. IV 23; Wash. Ill 3; Wyo. IV 
 
 11.) 
 
 To -serve until successor qualified, or to adjournment of session 
 
 of legislature at which, by constitution and laws, successor is 
 
 to be chosen. (Vt. II 41.) 
 Re-election to Same Office, See above, this title, Qualifications — 
 
 Prior Service in Office as Disqualification. 
 Time of Beginning 
 
 Same as for governor. (Cal. V 17; Fla. IV 28; Ga. V Sec. II 1 , 
 
 Nev. V 19; Va. V 81.) 
 When chosen and qualified. (Vt. II 41.) 
 
 Within one month after appointment by legislature. (Md. VI 5.) 
 January 1st after election. (N.M. V 1; N.C. Ill 1. ) 
 First Monday in January after election. (Ida. IV 1; Ky. 91; 
 
 Mont. VII 1; Utah VII 1.) 
 First Tuesday in January after election. (R.I. Amend. XVI.) 
 Wednesday after first Monday of January after election. (Conn. 
 
 Amend. XXVII 2.) 
 First Thursday [after] first Tuesday in January after election. 
 
 (Nebr. VI.) 
 Second Monday in January after election. (111. VI ( ?) ; Kan. 
 
 I 1 ; Mo. V 2 ; Ohio III 2 ; Okla. VI 4. ) 
 Second Monday in January after election until otherwise pro- 
 vided by law. (Wash. Ill 4.) 
 Second Tuesday in January after election. (Colo. IV 1.) 
 First Monday after second Tuesday in January after election. 
 
 (Ala. V 116.) 
 Third Wednesday in January after election. (Mass. Amend. 17.) 
 March 4th after election. (W.Va. VII 1.) 
 Vacancy in Office 
 
 Filled by governor with advice and consent of senate. (La. 79.) 
 Filled by governor for unexpired term. (Ark. VI 22.) 
 Filled by governor until successor elected and qualified. (111. V 20; 
 
 Mont. VII 7.) 
 Filled by governor with advice and consent of senate until successor 
 
 elected and qualified. (Md. VI 1.) 
 
 Filled by governor until successor elected and qualified as provided 
 
 by law. (Colo. IV 6; Ida. IV 6; Nebr. V 20; Utah VII 10; W.Va. 
 
 VII 17.)
 
 i 
 
 TREASURER [Cont'd) 
 Vacan< v in Op] 
 
 Filled bj governor until next 
 
 Filled by governor until d 
 and qualified ; un 
 
 Filled by governor till disabilii 
 election al Bre1 genei al elei I ion ■ 
 occurs, i" till for remainder ol unej 
 
 Filled by Legislature in joint conv< 
 fills until bui elected bj 
 
 In case i reasurer-elei I d 
 becomes insane, or ol bej n 
 legislature, upon it - organizat ion 
 elect, by majority vote, person to till t! 
 legislal ure is be 
 
 of \ ection to be made froi 
 
 largest number of votes. Pei 
 term or full term, as case ma ml mm 
 
 During session of legislature, filled b 
 :>le at large; if vacancy du 
 
 advice and consent ncil 
 
 If during recess of senate, filled bj 
 
 senate governor to m 
 
 but vacancy to be filled by 
 
 appropriate to office, unless \ 
 
 preceding Buch day in which i 
 
 In case of death, impi 
 by governor until disability 
 qualified. Election to be held 
 30 days after vacancy 
 
 Caused by impeachment, displai 
 acity for other reaa m I 
 disability removed and 
 to be filled by election al I 
 . after happening, and pei 
 
 If failure to el i renwn 
 
 inability to d 
 
 removed or new election 
 
 legislature by joint ballot 
 
 dates having highi 
 Failure t<> qualify deemed 
 
 
 TRIALS 8< rs. 
 
 TRIBUNALS OF CONCILIATION,
 
 1524 State Constitutions 
 
 TRUST COMPANIES 
 See also Banks. 
 
 Constitutional pravisions as to banks apply to trust companies. (Ala. 
 
 XIII 255.) 
 General incorporation law or law regulating business requires two-thirds 
 vote of each house for adoption, amendment or repeal. (Mich. XII 9.) 
 General incorporation law requires two-thirds vote of members of each 
 
 house. (Mich. XII 9.) 
 General laws not to authorize issue of paper money. (Mich. XII 9.) 
 Legislature may not charter loan and trust companies by local or special 
 
 laws. (Mont. V 26; N.M. IV 24; Wyo. Ill 27.) 
 Legislature to provide for examination by a public officer. (Ala. XIII 
 
 254.) 
 May take naked title to real estate as trustee to secure indebtedness. 
 
 (Okla. XXII 2.) 
 
 Prohibited to own, hold or control stock in other trust company or bank, 
 
 except if taken for debt; mii3t dispose of same within 12 months. 
 
 (Okla. IX 41.) 
 Records, books and files liable to " full visitorial and inquisitorial power* 
 
 of the state". (Ariz. XIV 16.) 
 Regulation and control of loan and trust companies under banking depart- 
 ment and bank commission, to protect stockholders and depositors. 
 
 (Okla. XIV 1.) 
 Reports, at least twice yearly, to be made by president or other officer 
 legislature may designate. (Ala. XIII 254.) 
 
 TRUSTS 
 
 Local or special law not to affect estates of beneficiaries or authorize 
 
 them to sell, lease, encumber or dispose of property. (Ky. 59.) 
 For trusts and monopolies, See Monopolies and Trusts. 
 
 UNITED STATES 
 
 Citizens of, See Citizenship. 
 
 Congress, See Congress of United States. 
 
 Property 
 
 Grants to States 
 
 See Public Property — Trusts. 
 See Public Lands — Trusts. 
 Held for Government Purposes 
 
 Authority to exercise exclusive legislation granted to and ac- 
 knowledged in United States over described military reserva- 
 tions, so long as they remain such, with same effect as if 
 United States had purchased reservations with consent of legis- 
 lature, legislature empowered and directed to pass necessary 
 legislation; right to serve legal process, civil and criminal, 
 reserved except in cases in exclusive jurisdiction of United 
 
 States. (Mont. II 1.1 
 
 Jurisdiction by United States, consented to by state, over all 
 
 tracts held or reserved by United States for forts, magazines, 
 
 arsenals, dockyards, lighthouses and other needful buildings, 
 
 under article I section 8, paragraph 17; United States Con-
 
 I M>l 
 
 UNITED STATES (Con 
 Pbopebi ' nt'd) 
 
 Held for Government I'm, 
 stitution, pit. 
 
 milium, ill B 
 
 situated sad thai < j\ il 
 
 be served then 
 Jurisdiction c< 
 
 tai j 
 
 to extend ovei - 
 
 jurisdiction ii"t rested in United 
 mitted within i 
 Legislature to authorize i 
 
 Slates public domain i for mi 
 
 approval of Legislature. (lex. \ 
 Persona r< siding in lai • d bj Rh< d< 
 
 ites not entitled to • privil 
 
 Money Deposited with States, 
 Right in Public Lands 
 
 Legislature never to interfere with prin 
 United States nor with any i. 
 title to bona /"•'- purchaser!. (Minn. II 
 
 II 
 
 People inhabiting territorj >im all 
 
 appropriated public lands, sal 
 entire disposition of Unib 
 except by consent of I nib 
 
 People of state disclain 
 
 public land; until til 
 subect to eontn 
 
 S ,! ding, " irrei 
 
 and people of stab '. ' \ 
 People disclaim all • 
 
 lands in state; until title 
 
 be and remain SVJ 
 
 provision In 
 
 people of si Utah III 2 
 
 People Of lir " "" 
 
 unappropriated public lands; I 
 
 consent of Unil 
 Taxation. See Taxation - 
 
 Relations with £ rATi B 
 
 For net I theory 
 
 Supremacy of United
 
 1526 State Constitutions 
 
 UNITED STATES (Cont'd) 
 
 Relations with States {Cont'd) 
 
 1 n relation to levees, See Levees — Grant to United States. 
 
 In regard to public lands. See Public Lands — Trusts. 
 
 In relation to state property, See Public Property — Trusts. 
 
 In relation to United States property, See above, this title, Property. 
 
 In relation to Indians, See Indians. 
 
 Ordinance or article containing certain provisions irrevocable with- 
 out consent of United States and people of state. (Iowa XXI 19; 
 Nev; Ord.; N.D. XVI 203; Utah III; Wash. XXVI; Wyo. Ord.) 
 
 Same, but adds " expressed by their legislative assembly ". ( S.D. 
 
 XXVI 18.) 
 
 Constitutional compact with United States may be amended by vote 
 of majority electors voting on change proposed by legislature, by 
 majority vote of each house, to extent allowed by act of Congress, 
 consenting to charge. (N.M. XIX 4.) 
 
 Ordinance, containing certain provisions, made part of constitution 
 of state, and " no future constitutional amendment shall be made 
 which in any manner changes or abrogates " it without consent of 
 
 Congress. (Ariz. XX.) 
 
 Constitutional compact in compliance with enabling act irrevocable 
 without consent of United States and state, no change therein 
 made without consent of Congress. (N.M. XXI 10.) 
 
 Ordinance adopted by constitutional convention among other pro- 
 visions making substantially the terms of the enabling act sub- 
 stantially applicable to state substantially ratified and valid for 
 
 all purposes. (Okla. Sched. 36.) 
 
 Enabling act accepted and jurisdiction of cases enumerated therein 
 assumed by courts of state. (Okla. Sched. 28.) 
 
 Enabling acts accepted, ratified and confirmed, and to remain irrev- 
 ocable without consent of United States. (Minn. II 3; Wis. II 2.) 
 
 Governor to conduct in person, or as prescribed by law, intercourse 
 and business with United States. (Okla. VI 8; Tex. IV 10.) 
 
 Lands within Indian reservation, subject to United States laws pro- 
 hibiting introduction of liquor into Indian country, for 25 years 
 after disposal. (Ariz. XX 11; N.M. XXI 8.) 
 
 All rights and powers necessary to carry out act of Congress pro- 
 viding for irrigation of arid lands, reserved to United States with 
 acquiescence of state, same as if state had remained a territory. 
 
 (Ariz. XXI 10g 
 
 People of state consent to reservation to United States of rights and 
 powers necessary to carry out act of Congress providing for irriga- 
 tion of arid lands. (N.M. XXI 7.) 
 
 Boundaries of state may be enlarged with consent of Congress and 
 
 legislature. (Iowa XI 4.) 
 
 Congress may make North river boundary conform to act creating 
 territory of Washington. (Ore. XVI 1.) 
 
 Rights of people under treaty of Guadalupe Hidalgo to be preserved 
 
 inviolate. (N.M. II 5.) 
 
 Payments of war claims forbidden until such claims paid by United 
 States to Missouri. (Mo. IV 52.)
 
 !\m\ Di< 
 
 VAGRANCY, See ( bimi 
 VENUE, See * 01 urs Tmals, 
 VERDICTS, Se. Jub 
 VILLAGES 
 
 £7nder ffcis fctfe ore digested ,,li ,„-,., 
 
 class of mumtipaUties. Fot pn 
 
 eraZty, am/ hence to this oloa 
 
 INCORPORATION \\|, OBGANIZAI 
 
 For provisions relating to initiative and 
 
 For provisions relating to power of villa} 
 Municipal Eome EUjlb— Powib oi Mi kiou 
 
 •.una. 
 Legislature to provide bj general law for La 
 
 Organization to be provided for by general It 
 Legislature to provide for organisation of in 
 
 (NX. XIII 4; N.Y. XI 1 l; Wia. XI 
 Legislature to provide by genera] laws for 
 
 Municipal corporations with population 
 
 cities and all others as villages. Method of tl 
 
 to class to be regulated by law. (Ohio Will 
 General laws to be passed to provide for incorr* 
 
 ment of; and additional laws may b 
 
 municipalities which adopt same: bul 
 
 become operative in any municipalitj uni 
 
 thereof and affirmed by majority of t 
 
 regulation established by law. • NVI1I 
 
 Legislature to make provision wherebj \ 
 
 local law may elect to becon 
 
 general laws relating to sucb 
 
 Special or local legislation it 
 
 forbidden. (Ariz. IV 19, 17; 111. IV 
 
 15; N.M. IV -24: N.D. II I 
 
 S.D. Ill 23: Tex. Ill 50; Wyo HI 
 Special and private legislation for 
 
 charter, forbidden. (Utah VI 26, 12 
 
 Incorporation and amendn 
 
 tion in those containing population of I 
 
 Private or special legislation for u 
 
 Private or local legislation for h 
 
 vision commission bill 
 Local or special h a incor]
 
 1528 State Constitutions 
 
 VILLAGES (Cont'd) 
 Officers 
 
 See also Public Officers. 
 Compensation 
 
 Local or special legislation fixing or relating to the compensation, 
 salary or fees of, forbidden. (Minn. IV 33.) 
 Corrupt Practices, See below, this title, Corrupt Practices. 
 Creation of Offices 
 
 Local or special legislation creating offices, forbidden. (Minn. 
 
 IV 33.) 
 Election, See Elections. 
 Powers and Duties 
 
 Local or special legislation prescribing, forbidden. (Minn. 
 
 IV 33.) 
 Removal 
 
 In case of elected officer to be removed in manner and for cause 
 prescribed by law. (Mich. IX 8.) 
 Selection 
 
 If not provided for by constitution, shall be elected by electors 
 of village or division thereof or shall be appointed by such 
 village authorities as legislature shall designate. (N.Y. X 2; 
 
 Wis. XIII 9.) 
 Employees 
 
 All appointments and promotions in civil service of, to be made 
 u according to merit and fitness to be ascertained so far as prac- 
 ticable by examination which so far as practicable shall be competi- 
 tive " ; but citizen veterans of Civil war resident in state to be 
 entitled to preference without regard to standing on eligible list; 
 laws to be passed to enforce this section. (N.Y. V 9.) 
 Legislature may regulate and fix wages and salaries and hours of 
 work and make provision for protection, welfare and safety of. 
 
 (N.Y. XII 1.) 
 Powers and Rights 
 
 See also below, this title, Public Utilities. 
 
 For provisions relating to power of village to frame its charter, See 
 Municipal Home Rule — Power of Municipality to Frame its 
 
 Charter. 
 For provisions relatimg to taxation, See Taxation. 
 For p)-ovisions relating to special assessments for benefits, See Taxa- 
 tion — Special Assessments. 
 In General 
 
 "May acquire, own, establish and maintain either or without its 
 corporate limits parks, boulevards, cemeteries, hospitals, alms- 
 houses and all works which involve the public health or 
 
 safety". (Mich. VIII 22.) 
 Right to reasonable control of streets or alleys and public places 
 reserved to village. (Mich. VIII 28.) 
 Restrictions Upon 
 In General 
 
 No village to abridge elective franchise. (Mich. VIII 25.)
 
 
 VILLAGES (Con i 
 
 POWEBS am. Rioh i i 
 Restrictions Upon (Co 
 Stook and Bond Bold 
 
 Not Jo I* 
 
 Not \<< become dir< 
 of 
 
 making Bucfa pi 
 may be provided bv ] 
 Control by St a i | 
 
 Special and local Ii 
 
 streets, alleys or public grout 
 altered by legislature. (Mich. \ Fl 
 
 FlNAN< 
 
 Deposits 
 
 All village money exc 
 shall whenever praci Lcabl< 
 bank incorporated under la-. 
 approved as provided by 
 interest, such inti 
 
 Claims Against 
 
 ecution not to icaue on ju... 
 
 or against any office! therein in ti 
 
 which the village te liabl . 
 
 of the proceeds of 
 paid by ti. 
 
 Aid to Private Enterprise Prohibited 
 Forbidden to give or loan i 
 
 'liuii.in or corporation. i\..i. I 
 Not to give mo propert] 
 
 individual, association or C"r|. 
 making sileh provision for 
 be arjthofriaed bj law. (N.V. V1I1 i 
 Debt, Srr below, this t>th , in 
 Taxation, See Taxation. 
 
 Debt 
 For 
 
 Power to Incur Generally 
 Le'g'isl'ftture to rwtricl 
 debts and loaning 
 S; N.f. XI] 1 ; 
 [, -i-hitin- 60 reatrf • 
 inir mosey or
 
 1530 State Constitutions 
 
 VILLAGES (Confd) 
 Debt [Cont'd) 
 Purpose 
 
 In General 
 
 Limited to "village purposes"; but village may make pro 
 vision as authorized by law " for the aid or support of its 
 
 poor". (N.Y. VIII 10.) 
 Not to lend credit for other than municipal purpose. (Mich. 
 
 VIII 25.) 
 Aid to Private or Corporate Enterprise 
 
 Not to lend its credit to or in aid of any individual, associa- 
 tion or corporation; but this not to prevent making such 
 provision for aid and support of its poor as may be author- 
 ized by law. (N.Y. VIII 10.) 
 Not to lend credit to any individual, association or corpora- 
 tion, or become security for any association or corporation, 
 
 (N.J. I 19.) 
 Legislature may authorize any political subdivision of state 
 or denned district, which may include villages, to lend 
 credit or incur debt for or in aid of irrigation, drainage 
 or navigation improvements or construction and main- 
 tenance of roads. (Tex. Ill 52.) 
 Law or Ordinance Authorizing 
 
 Legislature may pass general laws authorizing villages to issue 
 bonds; private, local or special legislation authorizing issuance 
 of bonds or other securities forbidden unless authorized before 
 enactment such law by vote qualified electors thereof at elec- 
 tion held for purpose in manner prescribed by law; but legis- 
 lature may, without such election, pass special laws to refund 
 bonds issued before ratification constitution. (Ala. Nil 222, 
 
 IV 104.) 
 Referendum on Proposition to Incur 
 
 Legislature may pass general laws authorizing villages to issue 
 bonds, but none to be issued under such laws unless first 
 authorized by majority vote by ballot of qualified voters 
 thereof voting on proposition. Special provision for form of 
 ballot. This not to apply to renewal, refunding or reissuing 
 of bonds lawfully issued or authorized by law enacted prior 
 to ratification constitution; and not to apply to obligations 
 incurred or bonds to be issued to pay for street and sidewalk 
 improvements or sanitary or storm-water sewers, the cost of 
 which is assessed in whole or part against property abutting 
 said improvements or drained by such sewers. (Ala. XII 222.) 
 No debt to be created unless proposition is submitted at regular 
 election for village officers to such qualified electors thereof 
 as have paid a property tax therein during preceding year and 
 is approved by majority of those voting by ballot deposited in 
 separate ballot box. This not to prevent issue without sub- 
 mission to voters of bonds to pay .or refund valid bonds of 
 
 village. (N.M. IX 12, 15.)
 
 1 
 
 VILLAGES (Cont'd) 
 Debt [Cont'd) 
 
 Referendum on Proposition to Incui H 
 
 ktion i 11 
 electoi 
 
 r Bhall a | iju i»\ .- m 
 
 No village or Bubdn ision th< i 
 urrenl year ui 
 
 proposil ion submittt .i. ( Wyo. JCV] 
 Limit of Amount 
 
 N ..- \ illage '■■ hosi • • ind< !■; 
 
 ititution to be allowed t< 
 
 amount except 
 
 debt reduced within limit ; t 
 
 pality except 01 
 
 to adopt ion <>f coi n ; and 
 
 refunding of 
 Village authorized 
 
 "mortgage bonds thereto] " (. 
 
 prescribed l>y law. I 
 
 village but to be secun I 
 
 the utility " inoluding a frai -.ipoa 
 
 which in caee of fo 
 
 same ". bu1 this nol I 
 
 of sale of ftility and 
 
 I ) i - 1 rid s of wliicl vil 
 
 issue bonds or otherv 
 
 one-fourth of 
 
 trict when appn 
 
 navigation improvemi i I 
 
 maintenance and 
 
 in aid thereof. (Tex HI 
 Nol to i. •nomc indebte 
 
 ing debt exceeding I p< r 
 
 within village; to be 
 
 for state or county ; 
 
 excess of this limit to be 
 
 tracted in ■ 
 
 water-supply Bystem or 
 
 issue of bonds to ; 
 
 Not to l" 1 "■ allowed I 
 any purpose to anj art oui I 
 in the 
 
 taxable propertj I 
 ment fot Btate ai
 
 1532 State Constitutions 
 
 VILLAGES (Cont'd) 
 Debt (Cont'd) 
 
 Limit of Amount [Cont'd) 
 
 Xo village or subdivision thereof to create in. any manner any 
 t exceeding 2 per cent, of assessed value of taxable prop- 
 erty therein; but may be authorized to create additional in- 
 debtedness not exceeding 4 per cent, of assessed value of 
 taxable property as shown by last preceding assessment, for 
 purpose of building " sewerage ". Debts existing prior to 
 adoption of constitution may be bonded in amount not exceed- 
 ing i per cent, on assessed value taxable property as shown 
 by last assessment. (Wyo. XVI -A. 5, 3.) 
 Redemption and Interest 
 
 District or other political subdivision, of which villages may 
 form a. part, incurring debt or lending credit for purposes 
 specified to levy and collect taxes and pay interest to provide 
 sinking fund for redemption thereof. (Tex. Ill 52.) 
 Before or at the time of incurring debt provision required to be 
 made " for collection of direct annual tax sufficient to pay 
 interest on such debt as it falls due and also to pay and dis- 
 charge the principal thereof within 20 years from the time 
 of contracting the same". (Wis. XI 3.) 
 Peblic Utilities 
 
 See also above, this title. " Powers and Rights — Restrictions Upon — 
 Stock and Bond Holding'''., and "Finances — Aid to Private 
 
 Enterprise ". 
 In General I 
 
 Person or corporation constructing or operating on public streets 
 under franchise liable to abutting property owners for actual 
 damage on account of such construction or operation. (Ala. 
 
 XII 227.) 
 Franchises 
 
 X6 person, association or corporation to be authorized or di- 
 rected to use streets, alleys or publie places of for construc- 
 tion or operation of " any public utility or private enterprise " 
 without first obtaining consent proper authorities thereof. 
 
 (Ala. XII 220.) 
 Xo street railroad to be constructed within incorporated village 
 without consent of local authorities havinsr control of street 
 or highway proposed to be occupied. (Colo. XV 11.) 
 Xo street or other railroad to be constructed within incorpor- 
 ated village without consent of local authorities having control 
 of street proposed to be occupied. (Ida. XI 11.) 
 Legislature not to grant right to construct or operate street 
 railroad within incorporate! village without requiring con- 
 sent of local authorities having control of street proposed to 
 be occupied. (111. XI i: W.Va. XI 5.) 
 X person, partnership, association or corporation operating pub- 
 lic utility to have right to use highways, streets, alleys or 
 other public place of village for wires, poles, pipes, tracks or
 
 
 
 - 
 
 ' 
 
 : ■••■:■ 
 
 _ 
 - 
 
 ■ 
 
 - 
 
 
 
 •
 
 1534 State Constitutions 
 
 WAREHOUSES 
 
 All elevators or storehouses for storing grain or other property for com- 
 pensation are public warehouses, subject to legislative control. (Ky. 
 
 20G.) 
 
 All elevators or storehouses for storing grain or other property for com- 
 pensation, whether property stored separately or not, are public ware- 
 houses. (111. XIII 1.) 
 
 Different grades of grain shipped in separate lots not to be mixed with 
 inferior or superior grades without consent of owner or consignee. 
 
 (111. XIII 3.) 
 
 Every private corporation, individual or association furnishing storage 
 or warehouse facilities, directly or indirectly, to or for public, declared 
 to be public utility, subject to control and regulation of railroad com- 
 mission, as provided by legislature. (Cal. XII 23.) 
 
 Grain elevators may, if commission determines amount of business jus- 
 tifies, make track connection with railroads, railroad furnishing contract 
 materials and party owning elevator paying cost thereof. (Okla. 
 
 IX 33.) 
 
 In cities of not less than 100,000, weekly and daily statements as to 
 grain and other articles stored, must show amount and grade of grain 
 and other property warehouse receipts issued and daily changes in 
 quantity and grade of grain. (111. XIII 2.) 
 
 In cities of not less than 100,000, weekly statements under oath, before 
 some designated officer, required from owner, lessee or manager, to be 
 posted in warehouse and filed for public examination in place desig- 
 nated by law. (111. XIII 2.) 
 
 Legislature shall regulate and limit charges for storage; no person or 
 officer charged with regulation to be selected by corporation or indi- 
 vidual interested, and no officer or'stockholder of interested corporation 
 eligible for such office. (Cal. IV 33.) 
 
 Legislature shall prevent by law issue of false and fraudulent warehouse 
 
 receipts. (111. XIII 6.) 
 
 Legislature required to give full effect to constitutional provisions con- 
 cerning warehouses; may prescribe other remedies or deprive any 
 person of existing common law remedies. (111. XIII 6.) 
 
 Owners of property stored or holders of receipts may always examine 
 such property stored and all books and records of warehouse concern- 
 ing same. (111. XIII 3.) 
 
 Railroad companies receiving or transporting grain must make deliveries 
 to public warehouses it can reach and shall permit connections with 
 their track by public warehouses. (111. XIII 5.) 
 
 Railroads and other common carriers or railroads required to weigh or 
 nuasure grain where shipped and receipt for full amount. (111. 
 
 XIII 4.) 
 
 Legislature empowered to erect, purchase or lease and operate one or 
 more terminal grain elevators in this .state, in Minnesota and Wiscon- 
 sin, and to provide for the inspection, weighing and grading of all grain 
 
 received therein. (N.D. XIV 1914.)
 
 1 
 
 WATERS 
 
 Administration oi R] 
 State engineer to 1 
 
 six years ami mil il bu 
 theorel ical know |. 
 
 position ; to be l'i 
 
 of waters and of off) 
 
 lature to divid into wati 
 
 ment of superintei 
 state engineer and Buperinten 
 prescribed by law to Bupervisi 
 priation, diversion, distribution and tbi 
 therewith; review of decisions bj 
 
 Agrh't in rax Use 
 
 See below, this title, Appbopriati 
 
 See below, tliis title, i 
 Appropriated Water as Public i 
 Appropriation 
 
 Right 
 
 Right to divert and approprial 
 
 Right to appropriate and diveri w 
 beneficial uses never to be denit 
 
 Unappropriated water of any natural 
 rential, Bubjed to, in accord with 
 
 Xo appropriation to 1"- deni< 
 
 Municipal Corporations 
 Municipal corporatkMM 
 
 f,, r dOED ' I nnininp.il pui 
 
 Legislature to provide 1>y lav. 
 Cities, town- and vili 
 meut of ju 
 being and for don 
 Priority 
 
 To give better right. (NJI. X \ ! 
 To give Letter rigW • 
 
 to any other, and agricultural 
 
 Priority of appropriation 
 over any other purpt 
 
 law; agricultural a vei 
 
 in connection with 
 
 tural uses in organized mil 
 
 quent appropriatoi 
 
 taking of private pi 
 
 of time to give bud< i 
 
 ribe reasonable limil 
 with due regai I I 
 subsequent in right.
 
 1536 State Constitutions 
 
 WATERS {Cont'd) 
 
 Beds and Shores of 
 
 Stsrte asserts ownership to including and up to line of ordinary high 
 tide and ordinary high water in rivers and lakes, except that any 
 person may assert his title in courts of the state, and state dis- 
 claims title to all tide lands patented by United .States. (Wash. 
 
 XVII 1, 2.) 
 People to continue to enjoy and freely exercise all previously existing 
 
 privileges of the shore. (E.I. I 17.) 
 Eminent domain exists in state in all frontages of navigable waters. 
 
 (Cal. XV 1.) 
 
 Xo tax, toll, impost or wharfage to be imposed, demanded or received 
 
 from the owners of any commodity or merchandise for the use of, 
 
 unless authorized by the legislature. (S.C. I 28.) 
 
 No tax, impost or wharfage except by express authorization of law 
 
 from owner of any merchandise or commodity for use of shores of 
 
 navigable streams. (Ala. I 24.) 
 Riparian owners on navigable rivers within towns of 5,000 population 
 to have the right to erect and maintain wharves and buildings on 
 banks owned by them as may be required for navigation and com- 
 merce subject to restrictions given in detail. (La. 290.) 
 No individual, firm or corporation claiming or possessing frontage 
 of tidal lands on, to exclude rights of way thereto when needed 
 for a public purpose, and legislature shall pass laws to secure 
 access to navigable waters for people of the state. (Cal. XV 2.) 
 All tide lands within two miles of any incorporated city or town 
 and fronting on the waters of any harbor, estuary, bay or inlet, 
 used for purposes of navigation to be withheld from grant or sale 
 to private persons, partnerships or corporations. (Cal. XV 3.) 
 Legislature to provide for appointment of commission to locate and 
 establish harbor lines in all harbors, bays, estuaries and inlets 
 within or in front of corporate limits of any city, or one mile 
 thereof; state not to give, sell or lease rights in water beyond 
 harbor lines to any individual, association or corporation, or to 
 sell, grant or relinquish control of area between harbor lines and 
 line of ordinary high tide; such area to be reserved for landings, 
 wharves, streets and other conveniences of navigation and com- 
 merce; legislature to provide by general laws for leases of not 
 over 30 years for wharves and landings thereon, or legislature 
 may provide for wharves and other structures by general laws; 
 municipal corporation mav extend streets thereover. (Wash. XV 
 
 1, 2. 3.) 
 Board of Control, See above, this title, Administration of Resources. 
 Boundaries of State 
 Lake 
 
 Along boundary lines of other states or Canada in lakes. ( 111. 
 
 I; Mich. I 1; Minn. II; Wis. II 1.) 
 River 
 
 By river. (Ind. XIV 1.) 
 
 Main channel. (Iowa Preamble; Mich. I 1; Miss. II; X.D. XVII 
 
 206; Wis. II 1.)
 
 ; 
 
 WAIERS (Con 
 
 River | 
 
 ... 
 Middl. 
 
 S1 -e indu 
 idle of 
 
 - 
 included an 
 
 idle channel. (Ida 
 
 n cnanr. 
 
 •• of 
 -rad, and a. 
 
 lading all islan 
 
 channel separ. 
 
 One marine leagi: 
 
 die- 
 Along ge of the Gulf S 
 
 a 
 
 p< mouth of Perdido I 
 
 Three miles from 
 
 along and ad 
 Jurisdiction 0' 
 Si • :-hall ha 
 
 ari - 
 
 - ■ ■ 
 State shall exerc;- - 
 
 en: 
 
 Conservation 
 
 - may be .^ 
 
 I M ) 
 
 Must 
 
 limited amount and ha»««U. 
 
 Dei - 
 
 W n land 
 
 not be deprivi . 
 equ 
 Dn ffls S 
 Domes 
 Db = 
 
 X Dom 
 S 
 S
 
 1538 State Constitutions 
 
 WATERS (Cont'd) 
 
 Fishing Rights, See Fish and Game — Right to Take. 
 Irrigation 
 
 See Irrigation. 
 
 See above, this title, Appropriation. 
 See below, this title, Public Use. 
 Manxtfacturing Uses 
 
 See above, this title, Appropriation. 
 See below, this title, Public Use. 
 Mining 
 
 See above, this title, Appropriation. 
 See below, this title, Public Use. 
 Municipalities, Water Supply for, See " Municipalities — Water 
 
 Supply," and " Cities — Water Supply." 
 Names of Lakes and Kivers 
 
 Local or special laws shall not be passed to change. (Minn. IV 33.) 
 Navigable 
 
 Declaration of Navigability 
 
 Legislature shall not pass special, private or local law declaring 
 streams navigable. (Ky. 59, 17; Va. IV 63.) 
 Freedom of 
 
 Free to citizens of state and United States without tax, toll or 
 
 impost. (Ala. I 24.) 
 Mississippi and navigable waters leading to same shall be com- 
 mon highways and forever free to citizens of this state and of 
 the United States without tax, duty, impost or toll therefor 
 
 imposed by this state. (Mo. I 1.) 
 
 Equal participation in free navigation of the Mississippi is an 
 
 inherent right of citizens of Tennessee; it cannot, therefore, 
 
 be conceded to any prince, potentate, power, person or persons 
 
 whatever. (Tenn. I 29.) 
 All shall ever remain free to citizens of the state and the United 
 States without tax, impost or toll imposed, unless expressly 
 provided for by general assembly. (S.C. I 28, XIV 1.) 
 All boundary navigable waters and all such leading into them, 
 shall be common highways and free to citizens of state and of 
 United States without tax, duty or impost or toll. (Minn. 
 
 II 2.) 
 Mississippi, all navigable waters leading into it or St. Lawrence 
 are free to inhabitants of state and to citizens of United States 
 without tax, impost or duty therefor. (Wis. IX 1.) 
 Obstructions in 
 
 No person or corporation claiming or possessing frontage of tidal 
 lands on, shall destroy or obstruct free navigation of. (Cal. 
 
 XV 2.) 
 Legislature never to authorize permanent obstruction of, but 
 may provide for the removal of such as now exist whenever 
 public welfare demands; this section not to prevent construc- 
 tion, under proper authority, of drawbridges for railroads, or 
 other roads, nor the construction of booms and chutes for logs
 
 l.M)K\ L)io 
 
 WATERS {Cont'd, 
 
 Navigable (Cont'd) 
 
 Obstructions in ( r.„,t 
 in sii.Ii iiimii ti. i 
 or Logs undo regulal 
 Legislature shall not 1 oa< I ; 
 authorizing const ru< I 
 of obstructions ther< from 
 No navigable stream brii 
 county board of supei 
 jecl i" reasonable 1 om | 
 guard rights and in 
 
 no such law shall pj 1 
 
 navigable streams, oj pn 
 ngvigal ion thereof. I Mich. \ 1 1 1 14 
 Regulation of Rates on 
 
 Legislature shall pass laws 
 
 tariffs to prevent unjust discrimin 
 ing other than m-i and 1 
 same by adequate penalti< \ 1 1 .. 
 
 Oyster Beds 
 
 Natural oyster beds, rocka and si 
 of state subject 1 1 regulal •• • 
 
 lature, and not be sold, n 
 Public Property 
 
 See also abov. this title, 
 
 Water of every natural Btream nol h 
 
 erty of the state. dedi( 
 All unappropriated water of anj 
 
 rential, belongs to public. N.W XV] 
 All flowing streams and natural w 
 
 of the -tate for mining, i r r i l' Mi 
 
 Waters of all natural streams, Bprii 
 
 still water, within thi 
 
 Public Use 
 
 Use of all waters now or In 
 distribution declared to bt .1 pi I 
 regulation of the ' XI\ 
 
 Use of all waters now or hen ! °* 
 
 distribution, also of all wat 
 i.iit which subsequently 
 tributed, declared to be a publ 
 
 Appropriated for 
 
 declared public use. I Mont. Ill 
 I 3 , ■ waters for ill bt 
 
 deemed a publ
 
 1540 State Constitutions 
 
 WATERS (Cont'd) 
 Rates 
 
 Right to collect for use of waters supplied to any county, city and 
 county, or town, or inhabitants thereof, is a franchise and cannot 
 be exercised except by authority of and in the manner prescribed 
 
 by law. (Cal. XIV 2.) 
 Same; with addition of "water districts." (Ida. XV 2.) 
 Legislature shall provide by law the manner in which reasonable 
 maximum rates may be established to be charged for the use of 
 water sold, rented or distributed for any useful or beneficial pur- 
 pose. (Ida. XV 6.) 
 Legislature may provide by law that county commissioners may, on 
 application of either party interested, establish reasonable maxi- 
 mum rates for water whether furnished by individual or corpora- 
 tions. (Colo. XVI S.) 
 Shall be fixed for water supplied to city and county, or city, or 
 town, or inhabitants thereof, by governing body thereof, as legis- 
 lative acts are passed by it, for periods of one year at fixed time; 
 if not fixed at such time, peremptory process may be brought to 
 compel action, and legislature may fix other penalties for delay; 
 if rates are collected otherwise than so established, works of cor- 
 poration or individual shall be forfeit to city and county, city or 
 town for public use. (Cal. XIV 1.) 
 
 Reservoirs 
 
 See also Eminent Domain — Special Public Purposes. 
 
 See also Eminent Domain — Private Purposes. 
 
 In forest preserve, three per cent, of land may be used for reservoirs 
 to be constructed, owned and controlled by state for municipal 
 water supply, for canals of state, and to regulate flow of streams ; 
 state to receive reasonable return; detailed provisions as to expense 
 and conditions of use. (N.Y. VII 7.) 
 
 Land needed for storage of water for irrigation may be purchased 
 like other school lands; patent to issue when principal and interest 
 paid, either at time of sale or any time thereafter. (N.D. IX 158.) 
 
 Right to 
 
 Common law doctrine not to obtain and be of any force or effect in 
 
 this state. (Ariz;. XVII 1.) 
 
 All existing rights for use of waters of state for useful or beneficial 
 
 purpose confirmed. (Ariz. XVII 2; N.M. XVI 1; Utah XVII 2.) 
 
 Beneficial to be basis, measure, and limit to right of. (N.M. XVI 3.) 
 
 State Engineer, See above, this title, Administration of Resources. 
 
 Supply for Municipal Corporations, See Municipal Corporations — 
 
 Water Supply. 
 Use of 
 
 In providing for, state equally to guard all various interests involved. 
 
 (Wyo. I 31.) 
 
 Water Courses 
 
 Legislature not to pass any local, special or private law relating to. 
 
 (Miss. TV 90.)
 
 I M.l \ I »!■ 
 
 WATERS (Cont'd) 
 Water Powi B 
 
 Laws may be passed f,, r the development 
 
 State may appropriate monej 
 
 power of Btate, bul not under 
 
 td exceed two-tentli ill of taxable ; 
 
 Ltfal preceding stab men! . 
 
 Land- retarj of intei 
 
 hydro-electric use or transmission, from grant* 
 
 five years from admission ■ 
 
 any conveyance or transfer void 
 rower developed from Illinois state dec] 
 
 pari or in Whole as provided bj law; 
 
 every 10 years, income t" be paid int< 
 
 Wharves 
 
 See also above, this tith . 
 
 In harbors, See HARBORS. 
 
 Legislature to pass Laws to regulate wrharfag I '' 
 
 Establishment and regulation of wharves and publii 
 
 power of county court. (W.Va. \ Mil 
 Right to collect wharfage on wharvi 
 under control of and dependent 
 
 Xll 
 
 No tax, toll, impost or wharfage Bhall be im] 
 received from owners of anj merehand 
 unless authorized bj legislature. (Ala. I24;S.< 
 
 Person or private corporation or associatioi 
 facilities directly or indirectly to or for the publi 
 an.l under control of railroad commission. 
 
 Rights of citj or town in or to it- w <' 
 public landings, wh&rVes and docl 
 of three-fourths of all members elected to council 
 thereof, and other restrictions provided bj law . 
 sale by mavor to be passed by three fourths 
 
 • 
 
 WEIGHTS, See Inspection. 
 WHIPPING See Crimes — Punibhmi 
 WILLS, See Decedents' Estates — Wills. 
 
 WITNESSES 
 
 See also EVIDENCE . 
 
 .4s to ritjhts of accused to p 
 
 St ( I i;i Ml 5 — RlGH rS 01 '" 
 QUALIFICATIONS 
 
 Any party to judicial pr< 
 testimony
 
 1542 State Cossttiutions • 
 
 WITNESSES (Cont'd) 
 
 Qualifications (Cont'd) 
 
 In civil actions no witness to be excluded because he is party to 
 suit or interested in trial, but in actions by or against adminis- 
 trators, executors or guardians, in which judgment may be ren- 
 dered for or against them, neither party shall be allowed to 
 testify against the other as to any transaction with or statements 
 of the testator, intestate or ward, unless called upon to testify 
 thereto by opposite party; this section may be amended or repealed 
 by legislature. (Ark. Sched. 2.) 
 
 Religious test prohibited. (Ariz. II 12; Cal. I 4; Fla. D.R. 5; 
 Kan. B.R. 7; Ind. I 7; Iowa I 4; Mich. II 17; Mo. II 5; Xebr. 
 I 4 ; Xev. I 4 ; X.Y. I 3 ; X.D. I 4 ; Ohio I 7 ; Ore. I 6 ; Tex. I 5 ; 
 Utah I 4; Wash. I 11; Wis. I 19; Wyo. I 18.) 
 
 Absence of religious belief no bar. (Tex. I 5; Utah I 4.) 
 
 Religious test prohibited, provided belief in existence of God and 
 that he will be held accountable for his acts and be rewarded or 
 punished in this world or in the world to come. (Md. D.R. 36.) 
 
 No person to be disqualified on account of religious belief; person 
 who denies the being of God not competent to testify in any court. 
 
 (Ark. II 26, XIX 1.) 
 
 Husband and wife not compelled to testify against each other (not 
 clear whether limited to criminal cases). (Utah I 12.) 
 
 Laws may be passed for regulation of expert witnesses and expert 
 testimony in criminal trials and proceedings. (Ohio II 39.) 
 Rights 
 
 Xot to be confined in any room where criminals are actually im- 
 prisoned. (Cal. I 6; N.D. I 6; Wyo. I 12.) 
 
 Not to be unreasonably detained. (Ark. II 9; Cal. I 6; Fla. D.R. 
 8; Mich. II 15; N.Y. I 5; N.D. I 6; S.C. I 19.) 
 
 Not to be imprisoned for purpose of securing testimony longer than 
 necessary to secure deposition. (Colo. II 17; Wyo. I 12.) 
 
 Same; limited to criminal proceeding. (Mont. Ill 17.) 
 
 To be discharged if security can be given ; it not, deposition to be 
 taken by some judge at earliest time and convenient place, and 
 thereafter witness to be discharged on own recognizance. (Colo. 
 
 . II 17.) 
 No voter during time of holding election at which he is entitled to 
 
 vote, to be compelled to attend court as witness. (Va. II 29.) 
 Same; adds "or during time necessary and convenient for going to 
 and returning from same". (W.Va. IV 3.) 
 Weight of Testimony 
 
 Not to be affected by religious opinions. (Ariz. II 12, Ore. I 6; 
 
 Wash. I 11.) 
 WOMEN 
 
 Right to vote, See Elections — Qualifications and Disqualifications 
 
 of Electors. 
 Right to hold office, See Public Officers — Qualifications and Dis- 
 qualifications — Sex.
 
 i.NULX L)l( 
 
 WOMEN (ConCd) 
 
 Rights in regard to education, 8e< I 
 \ln, , iage, See Mabbiage. 
 i.v i mployi • s, fif< e I ibob 
 
 Ai.i: n|. ( lONBEM i 
 
 For unmarried women to be 14, (S.C. ill n 
 Equal Rights 
 
 Female citizens to enjoj equally with ami 
 aud religious rights and privileg tab l\ l 
 
 Laws of this Btate affecting political rights and p 
 citizens to be without distinction of \ Wyo. I 
 Legislature to provide for equal rights in 
 
 (K 
 No person, on accounl 
 pursuing any lawful business, vocation, or profi 
 
 Legislature not to create distinction between rigl I 
 women bo acquire, own. enjoy and dispose of property, 
 
 tract in reference thereto. (Miss - . 1\ 94.) 
 Married Women 
 
 Removal of Disability 
 
 " Fully emancipated " from disability count "f cover tu re, 
 
 but legislature may regulate contracts with husband, and nal« 
 
 of I id. (Mitt, I\ 
 
 Local or special law not to be passed '* relieving .in infant of 
 feme covert for disability". iKy. 59.) 
 Separate Property 
 
 All property owned by either husband or wife 
 
 and that acquired by either afterwards bj gift, :• * n« or 
 descent, to be separate property. K'al. \ \ - 
 Pri pert to be protected fn 
 
 III 13 I 
 Legislature to provide for protection and rights of VOttttl 
 in acquiring and possessing property 
 
 husband, ■ k ' 6) 
 
 Legislature to pass Laws necessary to pn 
 
 ried women from debts, liabilities and ."titr.'I ■ • 
 
 DBA ' 
 Property of wife at time of ma and pi 
 
 inherited or acquired by her, to n * nd 
 
 not liable for debts of husband. (Ga. Ill I l.J 
 
 Property and pecuniary rights of mar; 
 marriage or afterwards acquired bj gift, 
 not to he subiee- 
 
 .1 and personal propertj of married woi 
 
 her separate i - 
 
 and may be devised, b 
 
 Bingle 
 
 Real and |
 
 1544 State Constitutions 
 
 WOMEN (Cont'd) 
 
 Mabbied Women (Cont'd) 
 
 Separate Property (Cont'd) 
 
 marriage and property to which she becomes entitled after 
 marriage, to be her separate property and not liable for debts 
 of husband. (N.D. XVII 213; S.D. XXI 5.) 
 Property of wife, owned or claimed by her before marriage and 
 that acquired afterwards by gift, devise or descent, to be her 
 separate property; and laws to be passed more clearly to define 
 rights of wife in relation to separate property and to that 
 held in common with husband. (New IV 31; Tex. XVI 15.) 
 Real and personal property of woman held at time of marriage 
 or which she may thereafter acquire by gift, grant, inheritance, 
 devise or otherwise, shall be her separate property and she 
 shall have rights incident to same to which unmarried woman 
 
 or man is entitled. (S.C. XVII 9.) 
 Estate of every woman acquired before marriage, and property 
 to which she may afterwards become entitled by purchase, 
 gift, grant, inheritance or devise, to remain her estate and 
 property and not liable for debts, obligations or engagements 
 of husband, and may be conveyed, devised or bequeathed by 
 her as if she were unmarried. (Ala. X 209<; Mich. XVI 8; 
 
 Utah XXII 2.) 
 Real and personal property of any female acquired before or 
 which may be acquired after marriage, to remain her sole and 
 separate estate, not to be liable for husband's debts, may be 
 devised or bequeathed, and with written assent of husband 
 conveyed by her as if she were unmarried. (N.C. X 6.) 
 Real and personal property owned before marriage or acquired 
 afterwards by gift, devise, bequest, descent or purchase to be 
 separate property, not liable for debts of husband without 
 consent in writing. Married woman's separate real or per- 
 sonal property may be charged in equity and sold or rents 
 sequestrated for purchase money or for amount due on agree- 
 ment in writing made by her for benefit of separate property 
 or for price of property purchased by her or labor and material 
 used with her knowledge or consent in construction of build- 
 ings or for repairs or improvements on her property or agri- 
 cultural or other labor bestowed tbereon with her knowledge 
 
 or consent. (Fla. XI 1, 2.) 
 Laws to be passed providing for registration. (Nev. IV 31; Ore. 
 
 XV 5; Tex. XVI 15.) 
 Legislature may provide for time and mode of scheduling sep- 
 arate personal property. (Ark. IX 8.) 
 Right to Contract 
 
 May contract and be contracted with in same manner as if un- 
 married. (S.C. XVII 9.) 
 Legislature net prevented from regulating contracts between hus- 
 band and wife: legislature not to create distinctions between 
 rights of men and women to contract in reference to property. 
 
 (Miss. IV 94.)
 
 Index Digest i :,-};, 
 
 WOMEN {Cont'd) 
 
 Married Women {Cont'd) 
 
 Life Insurance of Husband 
 
 Husband may insure his own life for Bole use and bene! 
 
 wife and children, and in case of death of husband, amount 
 thus insured to be paid over to wife and Cbildr< 
 ian, if under age, for lier, or their own use free from all 
 claims of representativeB of her husband, or any of liis 
 
 creditors. (N.< . X 7.) 
 WORKMEN'S COMPENSATION 
 
 Legislature to enact compulsory compensation law applicable to workmen 
 engaged in manual or mechanical labor in employments determined by 
 legislature to be especially dangerous, by which " compulsory compi 
 tion " to be required to be paid to workman by employer in c8 ional 
 
 injury from accident arising out of and in course of employment is 
 caused in whole or in part, or contributed to by necessary risk or danger 
 of employment or inherent in nature thereof, or by failure of employer 
 or his officers, agents or employees, to'exereise i\wc care or to comply 
 with law affecting such employment; provided that it is optional with 
 employee to settle for compensation or to retain right to sue employer 
 "as provided by constitution''. (Ariz. XVIII 8.) 
 
 Legislature may by appropriate legislation create and enforce liability on 
 part of all employers to compensate their employees for injury incurred 
 by such employees in course of their employment irrespective of fault of 
 either party, and may provide for settlement of disputes arising under 
 legislation contemplated by this section, by arbitration, or by industrial 
 accident board, by courts, or by either any or all of these agencies, not- 
 withstanding anything in constitution. (Cal. XX 21.) 
 
 Nothing contained in constitution to be construed to limit power of legis- 
 lature to enact laws for payment, either by employers, or by employ 
 and employees or otherwise, either directly or through a state or other 
 system of insurance or otherwise, of compensation for injuries to em- 
 ployees or for death of employees resulting from such injuries without 
 regard to fault as a cause thereof, except where injury occasioned by 
 wilful intention of injured employee to bring about injury or death of 
 himself or another, or where it results solely from intoxication of in- 
 jured employee while on duty; or for adjustment, determination and 
 settlement, with or without trial by jury, of issues which may arise 
 under such legislation; or to provide that right of such compensation 
 and remedy therefor shall be exclusive of all other rights and remedies 
 for injuries to employees or for death resulting from such injuries: or 
 to provide that amount of such compensation for death shall not exceed 
 a fixed or determinable sum: provided that all moneys paid by empl 
 to his employees or their legal representatives by reason of oent 
 
 of any of the laws herein authorized shall be held to be proper eh 
 in cost of operating business of employer. (N.Y. T 10. i 
 
 For purpose of providing compensation to workmen and their depen 
 
 for death, injuries or occupational diseases, occasioned in uch 
 
 workmen's employment, laws maj be i^issed establishing nd I 
 
 created by compulsory contribution thereto by employers, and admin-
 
 1544 State Constitutions 
 
 WOMEN (Cont'd) 
 
 Marbied Women (Cont'd) 
 
 Separate Property (Cont'd) 
 
 marriage and property to which she becomes entitled after 
 marriage, to be her separate property and not liable for debts 
 of husband. (N.D. XVII 213; S.D. XXI 5.) 
 
 Property of wife, owned or claimed by her before marriage and 
 that acquired afterwards by gift, devise or descent, to be her 
 separate property; and laws to be passed more clearly to define 
 rights of wife in relation to separate property and to that 
 held in common with husband. (Nev. IV 31; Tex. XVI 15.) 
 
 Real and personal property of woman held at time of marriage 
 or which she may thereafter acquire by gift, grant, inheritance, 
 devise or otherwise, shall be her separate property and she 
 shall have rights incident to same to which unmarried woman 
 
 or man is entitled. (S.C. XVII 9.) 
 
 Estate of every woman acquired before marriage, and property 
 to which she may afterwards become entitled by purchase, 
 gift, grant, inheritance or devise, to remain her estate and 
 property and not liable for debts, obligations or engagements 
 of husband, and may be conveyed, devised or bequeathed by 
 her as if she were unmarried. (Ala. X 209'; Mich. XVI 8; 
 
 Utah XXII 2.) 
 
 Real and personal property of any female acquired before or 
 which may be acquired after marriage, to remain her sole and 
 separate estate, not to be liable for husband's debts, may be 
 devised or bequeathed, and with written assent of husband 
 conveyed by her as if she were unmarried. (N.C. X 6.) 
 
 Real and personal property owned before marriage or acquired 
 afterwards by gift, devise, bequest, descent or purchase to be 
 separate property, not liable for debts of husband without 
 consent in writing. Married woman's separate real or per- 
 sonal property may be charged in equity and sold or rents 
 sequestrated for purchase money or for amount due on agree- 
 ment in writing made by her for benefit of separate property 
 or for price of property purchased by her or labor and material 
 used with her knowledge or consent in construction of build- 
 ings or for repairs or improvements on her property or agri- 
 cultural or other labor bestowed thereon with her knowledge 
 
 or consent. (Fla. XI 1, 2.) 
 
 Laws to be passed providing for registration. (Nev. IV 31; Ore. 
 
 XV 5; Tex. XVI 15.) 
 
 Legislature may provide for time and mode of scheduling sep- 
 arate personal property. (Ark. IX 8.) 
 
 Right to Contract 
 
 ,, Hract and be contracted with in same manner as if un- 
 May coi. 
 
 married. (S.C. XVII 9.) 
 
 ■ . , ^t prevented from regulating contracts between hus- 
 
 , , , fe; legislature not to create distinctions between 
 band and w / . . , 
 
 ... , and women to contract in reference to property, 
 rights of me, ,,,. y * ' 
 
 (Miss. IV 94.)
 
 I m > i \ I » : i > - 1 
 
 WOMEN (Cont'd) 
 
 Married Womi - \t'd) 
 
 Life Insurance of Husband 
 
 llusliand 1 1 1 ; i \ insure hia i 
 
 wife and children, and h 
 thus Insured to be p.ii.l ovei t. 
 ian. if under age, for her, 
 claims of representatives 
 
 WORKMEN'S COMPENSATION 
 
 Legislature to enact compulsory a 
 engaged in manual <>r mechanical labor iii • 
 legislature to be especiallj dangerous, bj which 
 tion " to l>e required to be paid to workman bj 1 1 
 injury from accident arising out of and ii 
 caused in whole or in part, or contributed to bj n 
 of employment or inherent in nature thereof, or by fail 
 or his officers, agents or employees, t©"< 
 with law affecting such employment; provided that il . 
 employer in settle for compensation or to retail 
 "as provided by constitution ". (Ariz. Will - 
 
 Legislature may by appropriate legislation create and enl 
 part of all employers to compensate their employees for injm 
 by such employees in course of their employment irr< 
 either party, and may provide for settlement of dispute 
 
 legislation contemplated by tin tion, by arbitration, i "i»l 
 
 accident hoard, by courts, or by either any or all of t! 
 withstanding anything in constitution, it al. XX 21.) 
 
 Nothing contained in constitution to ■ trued to lira 
 
 lature to enact laws for payment, either by emp 
 and employees or otherwise, either directly or throug 
 system of insurance or otherwise, of compensation for 
 ployees or for death of empl< suiting from such injui 
 
 regard to fault as a cause thereof, except where injur, 
 wilful intention of injured emph bring aboul inj 
 
 himself or another, or where it results solelj t 
 jured employee while on duty; or for adjustment, 
 settlement, with or without trial by jury, of 
 under such legislation; or to provide that r : 
 and remedy therefor shall be exclusive of all other ri 
 for injuries to employees or for d< 
 to provide that amount of such compensation for 
 a fixed or determinable sum; provided that al- 
 to his employees or their legal r< 
 of any of the laws herein author! 
 in cost of operating business of employer. 
 
 For purpose of providing compensate 
 for death, injuries or occu] I 
 workmen's employment, laws maj 
 created by compulsory contributi
 
 1546 State Constitutions 
 
 WORKMEN'S COMPENSATION (Cont'd) 
 
 istered by state, determining terms and conditions upon which payments 
 shall be made therefrom, and taking away any or all rights of action or 
 defenses from employees and employers; but no right of action to be 
 taken away from employee when injury, disease or death arises from 
 failure of employer to comply with lawful requirement for protection 
 of lives, health and safety of employees. Laws may be passed establishing 
 board which may be empowered to classify occupations, according to 
 degree of hazard, to fix rate of contribution to such fund according to 
 such classification, and to collect, administer and distribute such fund, 
 and to determine all rights of claimants thereto. (Ohio II 35.) 
 
 Legislature may pass laws compelling compensation for injuries received 
 by employees in course of their employment resulting in death or bodily 
 hurt, for benefit of such employees, their widows or next of kin. It 
 may designate class or classes of employers and employees to which such 
 
 laws shall apply. (Vt. II 66.) 
 
 As to extra hazardous employments, legislature to provide by law for 
 accumulation and maintenance of fund or funds out of which to be 
 paid compensation as fixed by law according to proper classifications to 
 persons injured in such employment or to dependent families of such 
 as die as result of such injuries, except in case of injuries due solely 
 to culpable negligence of injured employee. Such fund or funds to be 
 accumulated, paid into state treasury and maintained in manner pro- 
 vided by law. Right of each employee to compensation from fund to 
 be in lieu of right of action against contributing employer in favor of 
 any person or persons by reason of such injury or death. (Wyo. X 4 
 
 (1914).) 
 WRITS 
 
 For power of courts to issue. See the various classes of courts throughout 
 the title Courts. For style of, See Courts — Process. For special 
 provisions as to habeas corpus. See Habeas Corpus, Writ of.
 
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