Gambar halaman
PDF
ePub

Lieutenant-Governor in case a vacancy should occur in that office,

Sec. 7. The term of each of the Executive offices named Commencement in this article shall commence upon taking the oath of office, of term of office

after the State shall be admitted by Congress into the Union, and continue until the first Monday in January, eighteen hundred and sixty, except the Auditor, who shall continue in office until the first Monday in January, eighteen hundred and sixty-one, and until their successors shall have been duty elected and qualified.

Sec. 8. Each officer created by this Article, shall before Oath of office entering upon his duties, take an oath or affirmation to sup

port the Constitution of the United States, and of this State, and faithfully discharge the duties of his office to the best of his judgment and ability.

Sec. 9. Laws shall be passed at the first Session of the Legislature after the State is admitted into the Union to carry out the provisions of this Article.

Duties of legisla. ture

ARTICLE VI.— JUDICIARY.

Section 1. The Judical power of the State shall be vested Judicial power of in a Supreme Court, District Courts, Courts of Probate, J18 the State times of the p

tices of the Peace, and such other courts, inferior to the SE preme Court, as the Legislature may from time to time establish by a two-thirds vote.

Sec. 2. The Supreme Court shall consist of one Chief · Supreme Court Justice, and two Associate Justices, but the number of the

Associate Justices may be increased to a number not es ceeding four, by the Legislature, by a two-thirds vote, when it shall be deemed necessary. It shall have original juris diction in such remedial cases as may be prescribed by law and appellate jurisdiction in all cases, both in law and equity but there shall be no trial by jury in said Court. It shal hold one or more terms in each year, as the Legislature may direct, at the seat of government, and the Legislature ma provide by a two-thirds vote, that one term in each yea shall be held in each or any Judicial District. It shal be the duty of such Court to appoint a Reporter of it decisions. There shall be chosen by the qualified elector of the State, one Clerk of the Supreme Court, who shall boh his office for the term of three years, and until his success is duly elected and qualified, and the Judges of the Suprem Court, or a majority of them, shall have the power to fill an vacancy in the office of Clerk of the Supreme Court until af election can be regularly bad.

Sec. 3. The Judges of the Supreme Court shall be elected "Judges of the Su• by the electors of the State at large, and their term of ofta · preme Court

shall be seven years, and until their successors are electe and qualified.

Sec. 4. The State shall be divided by the Legislator into six Judicial Districts, which shall be composed of contiguous Territory, be bounded by county lines, and contain Judicial districts a population as nearly equal as may be practicable. In each Judicial District, one Judge shall be elected by the electors thereof, who shall constitute said Court and whose term of office shall be seven years. Every District Judge, shall at the time of his election, be a resident of the District for which he shall be elected, and shall reside therein during his continuance in office.

Sec. 5. The District Courts shall have original jurisdiction District Courte in all civil cases, both in law and equity, where the amount in controversy exceeds one hundred dollars, and in all criminal cases where the punishment shall exceed three months imprisonment, or a fine of more than one hundred dollars. and shall have such appellate jurisdiction as may be prescribed by law. The Legislature may provide by law that the Judge of one District may discharge the duties of the Judge of any other District not his own, when convenience or the public interest may require it.

Sec. 6. The Judges of the Supreme and District Courts shall be men learned in the law, and shall receive such com-Qualifications of pensation, at stated times, as may be prescribed by the the Judges of the

Supreme and DisLegislature, which compensation shall not be diminished frict Courts during their continuance in office, but they shall receive no other fee or reward for their services.

Sec. 7. There shall be established in each organized county in the State a Probate Court, which shall be a Court of Probate Coutt? Record, and be held at such times and places as may be prescribed by law. It shall be held by one Judge, who shall be elected by the voters of the county for the term of two years. He shall be a resident of such county at the time of his election, and reside therein during his continuance in office, and his compensation shall be provided by law. He may appoint his own Clerk, where none has been elected, but the Legislature may authorize the election by the electors of any county, of one Clerk or Register of Probate for such county, whose powers, duties, term of office and compensation shall be prescribed by law. A Probate Court shall have jurisdiction over the estates of deceased persons, and persons under guardianship, but no other jurisdiction, except as prescribed by this Constitution,

Sec. 8. The Legislature shall provide for the election of je a sufficient number of Justices of the Peace in each county, Peace whose term of office shall be two years, and whose duties and compensation shall be prescribed by law: Provided, That no Justice of the Peace shall have jurisdiction of any civil cause where the amount in controversy shall exceed one hundred dollars, nor in a criminal cause where the punishment shall exceed three months imprisonment, or a fine of over one hundred dollars, nor in any cause involving the title to real estate.

ustices of the

trict Courts

Sec. 9. All Judges other than those provided for in this Judges, other than those provid

Constitution shall be elected by the electors of the Judicial ed for by the con District, county or city, for which they shall be created, nor stitution

for a longer term than seven years.

Sec. 10. In case the office of any Judge shall become Vacancy in vacant before the expiration of the regular term for which he Judgeship

was elected, the vacancy shall be filled by appointment by the Governor until a successor is elected and qualified. And such successor shall be elected at the first annual election that occurs more than thirty days after the vacancy shall have happened.

Sec. ll. The Justices of the Supreme Court and the DisProhibition to

trict Courts shall hold no office under the United States, nor Justices of the Supreme and Dis. any other office under this State. And all votes for either

of them for any elective office under this Constitution, except a Judicial office, given by the Legislature or the people, during their continuance in office, shall be void.

Sec. 12. The Legislature may at any time change the Change of Judi-- number of Judicial Districts or their boundaries, when it cial districts

shall be deemed expedient, but no such change shall vacate the office of any Judge.

Sec. 13. There shall be elected in each County where å Clerk of District District Court shall be held, one Clerk of said Court, whose Couts With

qualifications, duties and compensation shall be prescribed by law, and whose term of office shall be four years.

Sec. 14. Legal pleadings and proceedings in the Courts Legal picadings of this State shall be under the direction of the Legislature. and proceedings,

The style of all process shall be " The State of Minnesota," and all indictments shall conclude " against the peace and dignity of the State of Minnesota."

Sec. 15. The Legislature may provide for the election of Court Commis.

one person in each organized County in this State, to be sioners

called a Court Commissioner, with judicial power and jurisdiction cot exceeding the power and jurisdiction of a Judge of the District Court at Chambers ; or the Legislature may, instead of such election, confer such power and jurisdiction uron Judges of Probate in the State.

ARTICLE VII.-ELECTIVE FRANCHISE.

Elective franabiso

Section. 1. Every male person of the age of twenty-one years or upwards belonging to either of the following classes, who shall have resided in the United States one year, and in this State for four months next preceding any election, shall be entitled to vote at such election, in the election district of which he shall at the time have been for ten days a resident, for all officers that now are, or hereafter may be, elective by the people.

First. White citizens of the United States.

Second White persons of foreign birth, who shall have declared their intention to become citizens, conformably to

the laws of the United States upon the subject of naturali. zation,

Third. Persons of mixed, white and Indian blood, who have adopted the customs and habits of civilization.

Fourth. Persons of Indian blood residing in this State, who have adopted the language, customs and habits of civilization, after an examination before any District Court of the State, in such manner as may be provided by law, and shall have been pronounced by said Court capable of enjoying the rights of citizenship within the State.

Sec. 2. No person not belonging to one of the classes specified in the preceding section ; no person who has been convicted of treason or any felony, unless restored to civil rigats, and no person under guardianship or who may be non compos mentis or insane, shall be entitled or permitted to vote at any election in this State.

Sec. 3. For the purpose of voting, no person shall be deemed to have lost a residence by reason of his absence while employed in the service of the United States ; nor while engaged upon the waters of this State or of the United States; nor while a student of any seminary of learning ; por while kept at any alms-house or asylum ; nor while confined in any public prison. '

Sec. 4. No soldier, seaman or marine in the army or navy of the United States, shall be deemed a resident of this State in consequence of being stationed within the same: Sec. 5. During the day on which any election shall be on election day

freedom fromar. held, no person shall be arrested by virtue of any civil promo cess.

Sec. 6. All elections shall be by ballot, except for such Elections to be by town officers as may be directed by law to be otherwise ballot chosen,

Sec. 7. Every person who, by the provisions of this Ar. Eligibility to ofticle, shall be entitled to vote at any election, shall be eligi- fice ble to any office which now is, or hereafter shall be, elective by the people in the district wherein he shall have resided thirty days previous to such election, except as otherwise provided in this Constitution, or the Constitution and Laws of the United States.

rest on eivil pro. cess

ARTICLE VIII.-School Funds, EDUCATION AND SCIENCE.

SECTION 1. The stability of a Republican form of govern- Uniformi gyetem ment depending mainly upon the intelligence of the people, of public schows it shall be the duty of the Legislature to establish a general and uniform system of publio schools.

Sec. 2. The proceeds of such lands as are or hereafter may be granted by the United States for the use of Schools of punool laudo within each township in this State, shall remain a perpetual school fund to the State, and not more than one-third (1-3) of said lands may be sold in two (2) years, one-third (1.3)

Proceeds of sales

in five (5) years, and one-third (1-3) in ten (10) years; but the lands of the greatest valuation shall be sold first, provided that no portion of said lands shall be sold otherwise than at public sale. The principal of all funds arising from sales, or other disposition of lands, or other property, granted or entrusted to this State in each township for educational purposes, shall forever be preserved inviolate and undiminished ;'and the income arising from the lease or sale of said school lands shall be distributed to the different townships throughout the State, in proportion to the number of scholars in each township between the ages of five and twenty.one years, and shall be faithfully applied to the specific objects of the original grants or appropriations.

Sec. 3. The Legislature shall make such provisions, by Pablic schools in taxation or otherwise, as, with the income arising from the

"School fund, will secure a thorough and efficient system of Public Schools in each township in the State.

SEC. 4. The location of the University of Minnesota, as Location of the established by existing laws, is hereby confirmed, and said state University institution is hereby declared to be the University of the confhmed

State of Minnesota. All the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto the said University, and all lands which may be granted hereafter by Congress, or other donations for said Univesity purposes, shall vest in the institution referred to in this Section.

each township in the state

ARTICLE IX.-FINANCES OF THE STATE, AND BANKS AND BANKING.

Taxation

SECTION 1. All taxes to be raised in this State shall be as nearly equal as may be, and all property on which taxes are to be levied shall have a cash valuation, and be equalized and uniform throughout the State.

Sec. 2. The Legislature shall provide for an Annual Tax sufficient to defray the estimated expenses of the State for each year, and whenever it shall happen that such ordinary expenses of the State for any year shall exceed the income of the State for such year, the Legislature shall provide for levying a Tax for the ensuing year sufficient, with other sources of income, to pay the deficiency of the preceding year, together with the estimated expenses of such ensuing year.

Sec. 3. Laws shall be passed taxing all moneys, credits, abject investments in bonds, stocks, joint stock companies, or otherto taxation

wise, and also all real and personal property, according to its true value in money; but public burying grounds, public school houses, public hospitals, academies, colleges, universities, and all semir.aries of learning, all churches, church property used for religious purposes and houses of worship, institutions of purely public charity, public property used exclusively for any public purpose, and personal property to

Property subject

« SebelumnyaLanjutkan »