SEC. 8. The senate and house of representatives, when assembled, shall each choose a speaker and its other officers, be judges of the qualifications and elections of its members, and sit upon its own adjournments; two-thirds of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members. SEC. 9. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on the journals. SEC. 10. Any two members of either house shall have liberty to dissent from and protest against any act or resolution which they may think injurious to the public or any individual, and have the reasons of their dissent entered on the journals. SEC. 11. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent State. SEC. 12. When vacancies happen in either house, the governor, or the person exercising the power of the governor, shall issue writs of election to fill such vacancies. SEC. 13. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. SEC. 14. Each house may punish by imprisonment, during their session, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence: Provided, Such imprisonment shall not, at any one time, exceed twenty-four hours. conducted in the manner prescribed by the existing election-laws of this Territory; and the members of the general assembly, sheriffs, and coroners then elected, shall continue to exercise the duties of their respective offices until the next annual or biennial election thereafter, as prescribed in this constitution, and no longer. SEC. 7. Until the first enumeration shall be made, as directed in the second section of the first article of this constitution, the county of Hamilton shall be entitled to four senators and eight representatives: the county of Clermont, one senator and two representatives; the county of Adams, one senator and three representatives; the county of Ross, two senators and four representatives; the county of Fairfield, one senator and two representatives; the county of Washington, two senators and three representatives; the county of Belmont, one senator and two representatives; the county of Jefferson, two senators and four representatives; and the county of Trumbull, one senator and two representatives. Done in convention, at Chillicothe, on the twenty-ninth day of November, in the year of our Lord one thousand eight hundred and two, and of the Independence of the United States of America, the twenty-seventh. In testimony whereof we have hereunto subscribed our names. Attest: THOMAS SCOTT, Secretary. EDWARD TIFFIN, President. CONSTITUTION: OKLAHOMA-1907 complete act. The filing of a referendum petition against one or more items, sections, or parts of an act shall not delay the remainder of such act from becoming operative. SEC. 5. The powers of the initiative and referendum reserved to the people by this constitution for the State at large are hereby further reserved to the legal voters of every county and district therein, as to all local legislation, or action, in the administration of county and district government in and for their respective counties and districts. The manner of exercising said powers shall be prescribed by general laws, except that boards of county commissioners may provide for the time of exercising the initiative and referendum powers as to local legislation in their respective counties and districts. CONSTITUTION: OHIO-1802 CONSTITUTION OF OHIO-1802 We, the people of the eastern division of the territory of United States Dorthwest of the river Ohio, having the right of admission into the General Govertment as a member of the Union, consistent with the Constitution of the United States, the ordinance of Congress of one thousand seven hundred and eightyseven, and the law of Congress entitled "An act to enable the people of the eastern division of the territory of the United States northwest of the river Ohio to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes," in order to establish justice, promote the welfare and sere the blessings of liberty to ourselves and our posterity, do ordain and establish the following constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent State by the name of the State of Ohio. ARTICLE I SECTION 1. The legislative authority of this State shall be vested in a general assembly, which shall consist of a senate and house of representatives, both to be elected by the people. SEC. 2. Within one year after the first meeting of the general assembly, and within every subsequent term of four years, an enumeration of all the white male inhabitants above twenty-one years of age shall be made, in such manner as shal be directed by law. The number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the several counties according to the number of white male inhabitants alte twenty-one years of age in each; and shall never be less than twenty-four, tot greater than thirty-six, until the number of white male inhabitants of abure twenty-one years of age shall be twenty-two thousand; and after that event, at such ratio that the whole number of representatives shall never be less that thirty-six, nor exceed seventy-two. SEC. 3. The representatives shall be chosen annually, by the citizens of each county respectively, on the second Tuesday of October. SEC. 4. No person shall be a representative who shall not have attained the age of twenty-five years, and be a citizen of the United States and an inhabitant this State; shall also have resided within the limits of the county in which be shall be chosen one year next preceding his election, unless he shall have been absent on the public business of the United States or of this State, and shall have paid a State or county tax. SEC. 5. The senators shall be chosen biennially, by qualified voters for repre sentatives; and, on their being convened in consequence of the first election, ther shall be divided by lot, from their respective counties or districts, as near as ven be, into two classes; the seats of the senators of the first class shall be vacated at the expiration of the first year, and of the second class, at the expiration of the second year; so that one-half thereof, as near as possible, may be annually chosen forever thereafter. SEC. 6. The numbers of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the several counties or districts to be established by law according to the number of white male in habitants of the age of twenty-one years in each, and shall never be less than one-third, nor more than one-half, of the number of representatives. SEC. 7. No person shall be a senator who has not arrived at the age of thi years, and is a citizen of the United States; shall have resided two years in the county or district immediately preceding the election, unless he shall have been absent on the public business of the United States or of this State, and shal moreover, have paid a State or county tax. "Journal of the Convention, of the Territory of the United States Northwest of the 0715 Begun and held at Chillicothe, on Monday the First Day of November, A. D. 1802 auxË ME Independence of the United States the Twenty-seventh. Published by authority. bus: George Nashee, State Printer. 1827." pp. 42. "Annual Report of the Secretary of State to the Governor of the State of Ohio the Statistical Report to the General Assembly for the year 1876. Columbus : Neysas à Myers, State Printers, 1877. pp. 35-74. This constitution was framed by a convention which assembled at Chilllenthe Nov»gi fa® 1. 1802, and completed its labors November 29, 1802. It was not submitted to the p for ratification. SEC. 8. The senate and house of representatives, when assembled, shall each choose a speaker and its other officers, be judges of the qualifications and elections of its members, and sit upon its own adjournments; two-thirds of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members. SEC. 9. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on the journals. SEC. 10. Any two members of either house shall have liberty to dissent from and protest against any act or resolution which they may think injurious to the public or any individual, and have the reasous of their dissent entered on the journals. SEC. 11. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent State. SEC. 12. When vacancies happen in either house, the governor, or the person exercising the power of the governor, shall issue writs of election to fill such vacancies. SEC. 13. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. SEC. 14. Each house may punish by imprisonment, during their session, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence: Provided, Such imprisonment shall not, at any one time, exceed twenty-four hours. conducted in the manner prescribed by the existing election-laws of this Territory; and the members of the general assembly, sheriffs, and coroners then elected, shall continue to exercise the duties of their respective offices until the next annual or biennial election thereafter, as prescribed in this constitution, and no longer. SEC. 7. Until the first enumeration shall be made, as directed in the second section of the first article of this constitution, the county of Hamilton shall be entitled to four senators and eight representatives; the county of Clermont, one senator and two representatives; the county of Adams, one senator and three representatives; the county of Ross, two senators and four representatives; the county of Fairfield, one senator and two representatives; the county of Washington, two senators and three representatives; the county of Belmont, one senator and two representatives; the county of Jefferson, two senators and four representatives; and the county of Trumbull, one senator and two representatives. Done in convention, at Chillicothe, on the twenty-ninth day of November, in the year of our Lord one thousand eight hundred and two, and of the Independence of the United States of America, the twenty-seventh. In testimony whereof we have hereunto subscribed our names. Attest: THOMAS SCOTT, Secretary. EDWARD TIFFIN, President. CONSTITUTION: OKLAHOMA-1907 complete act. The filing of a referendum petition against one or more items, sections, or parts of an act shall not delay the remainder of such act from becoming operative. SEC. 5. The powers of the initiative and referendum reserved to the people by this constitution for the State at large are hereby further reserved to the legal voters of every county and district therein, as to all local legislation, or action, in the administration of county and district government in and for their respective counties and districts. The manner of exercising said powers shall be prescribed by general laws, except that boards of county commissioners may provide for the time of exercising the initiative and referendum powers as to local legislation in their respective counties and districts. The requisite number of petitioners for the invocation of the initiative and referendum in counties and districts shall bear twice or double the ratio to the whole number of legal voters in such county or district as herein provided therefore in the State at large. SEC. 6. Any measure rejected by the people, through the powers of the initiative and referendum, can not be again proposed by the initiative within three years thereafter by less than 25 per centum of the legal voters. SEC. 7. The reservation of the powers of the initiative and referendum in this article shall not deprive the legislature of the right to repeal any law, propose or pass any measure, which may be consistent with the constitution of the State and the Constitution of the United States. SEC. 8. Laws shall be provided to prevent corruption in making, procuring, and submitting initiative and refendum petitions. THE LEGISLATURE SENATE SEC. 9. The senate, except as hereinafter provided, shall consist of not more than 44 members, whose term of office shall be four years: Provided, That one senator elected at the first election from each even numbered district shall hold office until the fifteenth day succeeding the regular State election in 1908, and one elected from each odd numbered district at said first election shall hold office until the fifteenth day succeeding the day of the regular State election in 1910: And provided further, That in districts electing two senators, the two elected at the first election shall cast lots in such manner as the legislature may prescribe to determine which shall hold the long and which the short term. SEC. 9. (a) At the time each senatorial appointment is made after the year 1910 the State shall be divided into 44 districts, to be called senatorial districts each of which shall elect one senator; and the senate shall always be composed of 44 senators, except that in event any county shall be entitled to three or more senators at the time of any appointment such additional senator or senators shall be given such county in addition to the 44 senators and the whole number to that extent. Said districts shall be numbered from 1 to 44, inclusive, and each of said districts shall contain as near as may be an equal number of inhabitants, such population to be ascertained by the next preceding Federal census, or in such manner as the legislature may direct, and shall be in as compact form as prae ticable and shall remain unaltered until the next decennial period, and shall at all times consist of contiguous territory. (b) No county shall ever be divided in the formation of a senatorial district except to make two or more senatorial districts wholly in such county. No town and no ward in a city when constituting only one voting precinct, shall be divided in the formation of a senatorial district, nor shall any senatorial district contain a greater excess in population over an adjoining district in the same county than the population of a town, or ward in a city, constituting only one voting precinct therein, adjoining such district. Towns and wards in cities constituting only one voting precinct, which may, from their location, be included in either of two senatorial districts, shall be so placed as to make such districts most nearly equal in number of inhabitants. HOUSE OF REPRESENTATIVES SEC. 10. The house of representatives, until otherwise provided by law, shall consist of not more than 109 members, who shall hold office for two years: Provided, That the representatives elected at the first election shall hold office until the fifteenth day succeeding the day of the regular State election in 1948: And provided, That the day on which State elections shall be held shall be fixed by the legislature. (a) The first legislature shall meet at the seat of government upon proclamation of the governor on the day named in said proclamation, which shall not be more than thirty days nor less than fifteen days after the admission of the State into the Union. (b) The apportionment of this State for members of the legislature shall be made at the first session of the legislature after each decennial Federal census, (c) The whole population of the State as ascertained by the Federal census, or in such manner as the legislature may direct, shall be divided by the number 100 and the quotient shall be the ratio of representation in the house of repre sentatives for the next ten years succeeding such appointment. (d) Every county having a population equal to one-half of said ratio shall be entitled to 1 representative; every county containing said ratio and three-fourths over shall be entitled to 2 representatives, and so on, requiring after the first 2 an entire ratio for each additional representative: Provided, That no county shall ever take part in the election of more than 7 representatives. (e) When any county shall have a fraction above the ratio so large that being multiplied by 5 the result will be equal to 1 or more ratios, additional representatives shall be apportioned for such ratio among the several sessions of the decennial period. If there are 2 ratios, representatives shall be alloted to the fourth and third sessions, respectively; if 3, the third, second, and first sessions, respectively; if 4, to the fourth, third, second, and first sessions, respectively. (f) Any county forming with another county or counties a representative district during one decennial period if it has acquired sufficient population, at a fixed decennial period, shall be entitled to an additional representative, if there shall be left in the district from which it shall have been separated a population sufficient for a representative. No such change shall be made except at the regular decennial period for the apportionment of representatives. (g) If in fixing any decennial ratio, a county previously a separate representative district shall have less than the number required by the ratio for a representative, such county shall be attached to a county adjoining it and become a part of such representative district. (h) No county shall ever be divided in the formation of representative districts except to make two or more representative districts in such county. No town, or ward in a city, where it constitutes only one voting precinct, shall be divided in the formation of representative districts, nor shall any representative district contain a greater excess in population over an adjoining district in the same county than the population of a town or ward in a city, constituting only one voting precinct adjoining such district. Counties, towns, or wards in cities, constituting only one voting precinct, which, from location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants. (i) Ascertaining the ratio of representation according to the Federal census, or such other enumeration as the legislature may provide, and attaching any county, previously having a separate representative but found to have less than the number required by the ratio, to an adjoining county; and determining the number of representatives each county or district shall be entitled to, and for what sessions of the legislature within the next decennial period; and apportioning the senators, shall be done by the legislature and be presented to the governor for his approval in the same manner as other bills which may be passed by the legislature. (j) An apportionment by the legislature shall be subject to review by the supreme court at the suit of any citizen, under such rules and regulations as the legislature may prescribe. And such court shall give all cases involving apportionment precedence over all other cases and proceedings; and if said court be not in session, it shall convene promptly for the disposal of the same. LEGISLATIVE APPORTION MENT SEC. 11. Until the apportionment is made by the legislature after the next Federal decennial census, the State, except as otherwise provided, shall be divided into 33 senatorial districts, each of whom shall be composed of the counties as named, shall be numbered and elect senators as follows, namely: First, Beaver, Cimmaron, Harper, and Texas, 1 senator; Second, Beckham, Dewey, Ellis, and Roger Mills, 2 senators; Third, Woods and Woodward, 1 senator: Fourth, Greer, 1 senator; Fifth, Jackson and Tillman, 1 senator; Sixth, Custer, Kiowa, and Wachita, 2 senators; Seventh, Alfalfa and Major, 1 senator; Eighth, Garfield, 1 senator; Ninth, Osage, Grant, and Kay, 2 senators; Tenth, Noble and Pawnee, 1 senator; Eleventh, Creek and Payne, 1 senator; Twelfth, Logan, 1 senator; Thirteenth, Lincoln and Pottawatomie, 2 senators; Fourteenth, Canadian and Oklahoma, 2 senators; Fifteenth, Caddo and Grady, 2 senators; Sixteenth, Blaine and Kingfisher, 1 senator; Seventeenth, Comanche, Jefferson, and Stephens, 2 senators; Eighteenth, Carter, Love, and Murray, 2 senators; Nineteenth, Cleveland, Garvin, and McClain, 2 senators; Twentieth, Atoka. Bryan, and Coal, 2 senators; Twenty-first, Latimer and Le Flore, 1 senator; Twenty-second, Hughes and Okfuskee, 1 senator; Twenty-third, Pontotoc |