Imagens das páginas

The Senate shall choose a President, pro tempore, to preside in case of his absence or impeachment, or when he shall hold the office of Governor.

SEC. 13. If the Lieutenant Governor, while holding the office Vacanoy. of Governor, shall be impeached or displaced, or shall resign or die, or otherwise become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the disability removed ; and if the President of the Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of Governor, the same shall devolve upon the Speaker of the House of Representatives. SEC. 14. Should either the Secretary of State, Auditor, Treas- Vacanoy in other

executive offices, urer, Attorney General or Superintendent of Public Instruction, bow Alled. become incapable of performing the duties of his office, for any of the causes specified in the thirteenth section of this Article, the Governor shall fill the vacancy until the disability is removed, or a successor is elected and qualified. Every such vacancy shall be filled by election, at the first general election that occurs more than thirty days after it shall have happened; and the person chosen shall hold the office for the unexpired term.

Sec. 15. The officers mentioned in this Article shall, at stated Compensation of times, receive for their services a compensation to be established by law, which shall neither be increased nor diminished during the period for which they shall have been elected.

SEC. 16. The officers of the Executive Department, and of all officers to report, public State institutions, shall, at least ten days preceding each regular session of the Legislature, severally report to the Governor, who shall transmit such reports to the Legislature.


LEGISLATIVE. SECTION 1. The Legislative power of the State shall be vested Legislativo power in a House of Representatives and Senate.

SEC. 2. The first House of Representatives under this Consti- Kirste tution shall consist of seventy-five members, who shall be chosen and Senate. for one year. The first Senate shall consist of twenty-five members, who shall be chosen for two years. After the first election, the number of Senators and members of the House of Representatives, shall be regulated by law; but shall never exceed one hundred Representatives and thirty-three Senators.

Sec. 3. The members of the Legislature shall receive as com- Compensation of pensation for their services, the sum of three dollars for each





[ocr errors][ocr errors]

Who may be membersi


[ocr errors][ocr errors][merged small]




Officers to take oaths,


day's actual service at any regular or special session, and fifteen
cents for each mile traveled by the usual route in going to and re-
turning from the place of meeting; but such compensation shall
not in the aggregate exceed the sum of two hundred and forty
dollars for each member, as per diem allowance for the first ses-
sion held under this Constitution, nor more than one hundred and
fifty dollars for each session thereafter, nor more than ninety
dollars for any special session.

SEC. 4. No person shall be a member of the Legislature who
is not at the time of his election a qualified poter of and resident
in the county or district for which he is elected.

SEC. 5. No member of Congress or officer of the United States shall be eligible to a seat in the Legislature. If any person, after his election to the Legislature, be elected to Congress or elected or appointed to any office under the United States, his acceptance thereof shall vacate his seat.

SEC. 6. No person convicted of embezzlement or misuse of the public funds, shall have a seat in the Legislature.

Sec. 7. All State officers, before entering upon their respective duties, shall take and subscribe an oath or affirmation to support the Constitution of the United States and the Constitution of this State, and faithfully to discharge the duties of their respective offices.

SEC. 8. A majority of each House shall constitute a quorum. Each House shall establish its own rules, and shall be judge of the elections, returns and qualifications of its own members.

Sec. 9. All vacancies occurring in either House, shall be filled for the unexpired term by election.

Sec. 10. Each House shall keep and publish a journal of its proceedings. The yeas and nays shall be taken and entered immediately on the journal, upon the final passage of every bill or joint resolution. Neither House, without the consent of the other, shall adjourn for more than two days, Sundays excepted.

SEC. 11. Any member of either House shall have the right to protest against any bill or resolution; and such protest shall, without delay or alteration, be entered on the journal.

Sec. 12. All bills shall originate in the House of Representatives, and be subject to amendment or rejection by the Senate.

Seo. 13. A majority of all the members elected to each House, voting in the affirmative, shall be necessary to pass any bill or joint resolution.

Sec. 14. Every bill and joint resolution passed by the House of Representatives and Senate, shall, within two days thereafter,

[blocks in formation]





be signed by the presiding officers, and presented to the Governor; if he approve it, he shall sign it; but if not, he shall return it to the House of Representatives, which shall enter the objections at large upon its journal and proceed to reconsider the same. If,

. after such reconsideration, two-thirds of the members elected shall agree to pass the bill or resolution, it shall be sent, with the objections, to the Senate, by which it shall likewise be reconsidered, and if approved by two-thirds of all the members elected, it shall become a law. But in all such cases, the vote shall be taken by yeas and nays, and entered upon the journals of cach House. If any bill shall not be returned within three days (Sundays excepted,) after it shall have been presented to the Governor, it shall become a law in like manner as if he had signed it, unless the Legislature, by its adjournment, prevent its return, in which case it shall not become a law.

SEC. 15. Every bill shall be read on three separate days in Bille to be read each House, unless in case of emergency. Two-thirds of the daye. House, where such bill is pending, may, if deemed expedient, May suspend suspend the rules ; but the reading of the bill by sections, on its final passage, shall in no case be dispensed with.

SEO. 16. No bill shall contain more than one subject, which No bill shall conshall be clearly expressed in its title, and no law shall be revived hendete or amended, unless the new act contain the entire act revived, or the section or sections amended, and the section or sections so amended shall be repealed.

SEC. 17. All laws of a general nature shall have a uniform General and spa operation throughout the State; and in all cases where a general law can be made applicable, no special law shall be enacted.

Sec. 18. All power to grant divorces is vested in the District Divorces by DisCourts, subject to regulation by law.

Sec. 19. The Legislature shall prescribe the time when its acts Acts take efoot, shall be in force, and shall provide for the speedy publication of the same; and no law of a general nature, shall be in force until the same be published. It shall have the power to provide for nil vacancies not the election or appointment of all officers, and the filling of all ded for. vacancies not otherwise provided for in this Constitution.

SEC. 20. The enacting clause of all laws shall be, “Be it en- Bosoting clause acted by the Legislature of the State of Kansas ;” and no law shall be enacted except by bill.

SEC. 21. The Legislature may confer, upon tribunals transac- Powers of conaty ting the county business of the several counties, such powers of local legislation and administration as it shall deem expedient.


subject. Amendments.


Legislaturo otherwise provi



Privileges of members.

[ocr errors]

No distinction between males and females

[ocr errors]

Money drawn, and appropria

Sessions of the

[ocr errors]

Sec. 22. For any speech or debate in either House, the mem-
bers shall not be questioned elsewhere. No member of the Leg-
islature shall be subject to arrest—except for felony or breach of
the peace—in going to or returning from the place of meeting,
or during the continuance of the session ; neither shall he be sub-

ject to the service of any civil process during the session, nor for
fifteen days previous to its commencement.

SEC. 23. The Legislature, in providing for the formation and
Behoor provisions. regulation of schools, shall make no distinction between the

rights of males and females.

SEO. 24. No money shall be drawn from the treasury except tions how made in pursuance of a specific appropriation made by law; and no ap

; propriation shall be for a longer term than one year.

Sec. 25. All sessions of the Legislature shall be held at the State Capital, and all regular sessions shall commence annually, on the second Tuesday of January,

Sec. 26. The Legislature shall provide for taking an enumeration of the inhabitants of the State, at least, once in ten years. The first enumeration shall be taken in A. D. 1865.

Sec. 27. The House of Representatives shall have the sole power to impeach. All impeachments shall be tried by the Senate, and when sitting for that purpose, the Senators shall take an oath to do justice according to the law and the evidence. No person shall be convicted without the concurrence of two-thirds of the Senators elected.

Sec. 28. The Governor and all other officers under this Constitution, shall be subject to impeachment for any misdemeanor in office ; but judgment in all such cases shall not be extended further than to removal from office or disqualification to hold any office of profit, honor or trust, under this Constitution; but the party, whether convicted or acquitted, shall be liable to indictment, trial, judgment and punishment, according to law.


[ocr errors]

House has sole power to impeach Trials by Senate.

[ocr errors]

Officers subject to impeachment. Punishment.

[ocr errors]


Judicial powers.

SECTION 1. The judicial power of the State shall be vested in

a Supreme Court, District Courts, Probate Courts, Justices of Courts of record the Peace and such other Courts, inferior to the Supreme Court,

as may be provided by law; and all courts of record shall have
a seal, to be used in the authentication of all process.

Sec. 2. The Supreme Court shall consist of one Chief Justice
and two Associate Justices, (a majority of whom shall consti-

to have seal.

Supreme Court, how elected.

[ocr errors]

Clerk appointed.


tute a quorum,) who shall be elected by the electors of the State at large, and whose term of office, after the first, shall be six years. At the first election, a Chief Justice shall be chosen for six years, one Associate Justice for four years and one for two years.

SEC. 3. The Supreme Court shall have original jurisdiction in Jurisdiction of proceedings in quo warranto, mandamus and habeas corpus ; and such appellate jurisdiction as may be provided by law. It shall hold one term, each year, at the seat of government,

and such other terms at such places as may be provided by law, and its jurisdiction shall be co-extensive with the State.

SEC. 4. There shall be appointed, by the Justices of the Su- Reporter and preme Court, a reporter and clerk of said Court, who shall hold their offices two years and whose duties shall be prescribed by law.

Sec. 5. The State shall be divided into five judicial districts, Five district in each of which there shall be elected, by the electors thereof, a District Judge, who shall hold his office for the term of four years. District Courts shall be held at such times and places as may be provided by law.

Sec. 6. The District Courts shall have such jurisdiction in Jurisdiction. their respective districts as may be provided by law.

Seo. 7. There shall be elected, in each organized county, a Clerk elected. clerk of the District Court, who shall hold his office two years and whose duties shall be prescribed by law.

SEC. 8. There shall be a Probate Court in each county which Probate Court. shall be a court of record, and have such probate jurisdiction and care of estates of deceased persons, minors and persons of unsound minds, as may be prescribed by law, and shall have jurisdiction in cases of habeas corpus.

This court shall consist of Judge how elected one judge, who shall be elected by the qualified voters of the county and hold his office two years. He shall be his own clerk, and shall hold court at such times and receive for compensation such fees, às may be prescribed by law.

Sec. 9. The Justices of the Peace shall be elected in each Justices of the township, whose term of office shall be two years and whose powers and duties shall be prescribed by law. The Justices of the Peace may be increased in any township by law.

SEC. 10. All appeals from Probate Courts and Justices of the Appeals to DisPeace, shall be to the District Court.

Sec. 11. All the judicial officers provided for by this article, Judicial oficers shall be elected at the first election under this Constitution, and election.

[ocr errors]




« AnteriorContinuar »