Offer of bribe or reward. A promise by a candidate for county office to the voters of his county, that if elected he will pay a certain part of the salary of the office into the county treasury, though very objectionable on grounds of public policy, is not an offer of a bribe or reward within the Feb. 14, 1859. § 8. The legislative assembly shall enact laws to sup- Election laws. port the privilege of free suffrage, prescribing the manner of regulating and conducting election, and prohibiting, under adequate penalties, all undue influence therein from power, bribery, tumult, and other improper conduct. dueling. § 9. Every person who shall give or accept a challenge Penalty for to fight a duel, or shall knowingly carry to another person such challenge, or who shall agree to go out of the state to fight a duel, shall be ineligible to any office of trust or profit. offices. § 10. No person holding a lucrative office or appoint- Lucrative ment under the United States or under this state shall be eligible to a seat in the legislative assembly; nor shall any person hold more than one lucrative office at the same time, except as in this constitution expressly permitted; provided that officers in the militia, to which there is attached no annual salary, and the office of postmaster, where the compensation does not exceed one hundred dollars per annum, shall not be deemed lucrative. Lucrative office. - A deputy collector of internal revenue is such an office or appointment: Herman's Case, collector, § 11. No person who may hereafter be a collector or Ineligibility of holder of public money shall be eligible to any office of when. trust or profit, until he shall have accounted for and paid over, according to law, all sums for which he may be liable. pointment to § 12. In all cases in which it is provided that an office Temporary apshall not be filled by the same person more than a cer- office. tain number of years continuously, an appointment pro tempore shall not be reckoned a part of that term. electors. § 13. In all cases except treason, felony, and breach of Privileges of the peace, electors shall be free from arrest in going to Feb. 14, 1859. Time of holding elections. How votes to be given. Plurality elects. Place of voting. Powers of gov. ernment. Legislative authority. elections, during their attendance there, and in returning from the same; and no elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger. § 14. General elections shall be held on the first Monday of June, biennially. § 15. In all elections by the legislative assembly, or by either branch thereof, votes shall be given openly or viva voce, and not by ballot forever; and in all elections by the people, votes shall be given openly or viva voce, until the legislative assembly shall otherwise direct. § 16. In all elections held by the people, under this constitution, the person or persons who shall receive the highest number of votes shall be declared duly elected. § 17. All qualified electors shall vote in the election precinct in the county where they may reside for county officers, and in any county in the state for state officers, or in any county of a congressional district in which such electors may reside for members of Congress. Place of voting. When an individual is a bona fide resident of a county, but has no fixed residence or domicile in any particular precinct therein, he may vote in any precinct in which he finds himself on the day of election: Wood v. Fitzgerald et al., 3 Or. 568. ARTICLE III. DISTRIBUTION OF POWERS. § 1. The powers of the government shall be divided. into three separate departments,-the legislative, the executive, including the administrative, and the judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another, except as in this constitution expressly provided. ARTICLE IV. LEGISLATIVE DEPARTMENT. § 1. The legislative authority of the state shall be vested in the legislative assembly, which shall consist of a senate and house of representatives. The style of Feb. 14, 1859. every bill shall be, "Be it enacted by the Legislative style of bills. Assembly of the State of Oregon," and no law shall be enacted except by bill. senators and tives. § 2. The senate shall consist of sixteen, and the Number of house of representatives of thirty-four, members, which representanumber shall not be increased until the year 1860, after which time the legislative assembly may increase the number of senators and representatives, always keeping, as near as may be, the same ratio as to the number of senators and representatives: Provided, that the senate shall never exceed thirty, and the house of representatives sixty members. chosen. § 3. The senators and representatives shall be chosen By whom by the electors of the respective counties or districts into which the state may from time to time be divided by law. tors and repre classified. § 4. The senators shall be elected for the term of four Term of senayears, and representatives for the term of two years sentatives. from the day next after their general election: Provided, however, that the senators elect, at the first session of the legislative assembly under this constitution, shall be divided by lot into two equal classes, as nearly as may Senators, how be; and the seats of senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years; so that one half, as nearly as possible, shall be chosen biennially forever thereafter. And in case of the increase of the number of senators, they shall be so annexed by lot to one or the other of the two classes as to keep them as nearly equal as possible. Term of office of senator. —A the unexpired term, not for four person elected senator to fill a vacancy years: Mosher's Case, Sen. Jour., 1872, is elected only for the remainder of p. 95. § 5. The legislative assembly shall, in the year eigh- Census teen hundred and sixty-five, and every ten years after, cause an enumeration to be made of all the white population of the state. Feb. 14, 1859. Apportionment. Senatorial districts. Qualification of senators, etc. When free from arrest, etc. § 6. The number of senators and representatives shall, at the session next following an enumeration of the inhabitants by the United States or this state, be fixed by law, and apportioned among the several counties according to the number of white population in each. And the ratio of senators and representatives shall be determined by dividing the whole number of white population of such county or district, by such respective ratios; and when a fraction shall result from such division, which shall exceed one half of such ratio, such county or district shall be entitled to a member for such fraction. And in case any county shall not have the requisite population to entitle such county to a member, then such county shall be attached to some adjoining county for senatorial or representative purposes. § 7. A senatorial district, when more than one county shall constitute the same, shall be composed of contiguous counties, and no county shall be divided in creating senatorial districts. § 8. No person shall be a senator or representative who, at the time of his election, is not a citizen of the United States; nor any one who has not been for one year next preceding his election an inhabitant of the county or district whence he may be chosen. Senators and representatives shall be at least twenty-one years of age. 4 § 9. Senators and representatives in all cases, except for treason, felony, or breaches of the peace, shall be privileged from arrest during the session of the legislative assembly, and in going to and returning from the same; and shall not be subject to any civil process during the session of the legislative assembly, nor during the fifteen days next before the commencement thereof. Nor Words uttered shall a member, for words uttered in debate in either house, be questioned in any other place. legislative assembly. Sessions of the § 10. The sessions of the legislative assembly shall be held biennially at the capital of the state, commencing on the second Monday of September, in the year eigh teen hundred and fifty-eight, and on the same day of Feb. 14, 1859. every second year thereafter, unless a different day shall have been appointed by law. officers. fication of § 11. Each house, when assembled, shall choose its Election of own officers, judge of the election, qualifications, and re- Judge of quallturns of its own members, determine its own rules of members, etc. proceeding, and sit upon its own adjournments; but neither house shall, without the concurrence of the other, adjourn for more than three days, nor to any other place than that in which it may be sitting. § 12. Two thirds of each house shall constitute a quo- Quorum. rum to do business, but a smaller number may meet, adjourn from day to day and compel the attendance of absent members. A quorum being in attendance, if either house fail to effect an organization within the first five days thereafter, the members of the house so failing shall be entitled to no compensation from the end of the said five days until an organization shall have been effected. 14 Or. 372. § 13. Each house shall keep a journal of its proceed- Journal. ings. The yeas and nays on any question, shall, at the Yeas and nays. request of any two members, be entered, together with the names of the members demanding the same, on the journal: Provided, that on a motion to adjourn, it shall require one tenth of the members present to order the yeas and nays. may be secret. 14. The doors of each house, and of committees of When session the whole, shall be kept open, except in such cases as in the opinion of either house may require secrecy. member. § 15. Either house may punish its members for disor- Punishment of derly behavior, and may, with the concurrence of two thirds, expel a member; but not a second time for the same cause. person not a § 16. Either house, during its session, may punish by Punishment of imprisonment any person not a member who shall have member. been guilty of disrespect to the house, by disorderly or contemptuous behavior in its presence, but such impris onment shall not at any time exceed twenty-four hours. |