SEC. 15. Court commissioners. The legislature may provide for the election of one person in each organized county in this state, to be called a court commissioner, with judicial power and jurisdiction not 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 upon judges of probate in the state. 3 Minn. 249 (352); 2 Minn. 252 (359); State v. Hill, 10 Minn. ARTICLE VII. ELECTIVE FRANCHISE. (63); SECTION 1.* What persons are entitled to vote. Every male person of the age of twentyone 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. Citizens of the United States. Second. 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 naturalization. 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. 3 Minn. 164 (240) SEC. 2. Persons not entitled to vote. No person not belonging to one of the classes specified in the preceding section, n o person who has been convicted of treason or any felony, unless restored to civil rights, 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. Residence shall not be lost in certain cases. 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; nor while kept at any alms-house or asylum; nor while confined in any public prison. SEC. 4. Persons in army and navy not to acquire residence. 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. On election day freedom from arrest on civil process. During the day on which any election shall be held, no person shall be arrested by virtue of any civil process. SEC. 6. Elections to be by ballot. All elections shall be by ballot, except for such town officers as may be directed by law to be otherwise chosen. SEC. 7. Eligibility to office. Every person who, by the provisions of this article, shall be entitled to vote at any election, shall be eligible 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. 3 Minn. 164 (240); 23 Minn. 17. SEC. 8. Women may vote for school officers. The legislature may, notwithstanding anything in this article, provide by law, that any woman at the age of twenty-one (21) years and upward, may vote at any election held for the purpose of choosing any officers of schools, or upon any measure relating to schools, and may also provide that any such woman shall be eligible to hold any office pertaining solely to the management of schools. ARTICLE VIII. SCHOOL FUNDS, EDUCATION AND SCIENCE. SECTION 1. Uniform system of public schools. The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature to establish a general and uniform system of public schools. 17 Minn. 412. SEC. 2. Proceeds of sales of school lands. The proceeds of such lands as are or hereafter may be granted by the United States for the use of schools 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) 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 porAs amended November 3, 1868. + Adopted November 5, 1875. tion 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 land 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. Investment of proceeds of sales of school lands. [Suitable laws shall be enacted by the legislature for the safe investment of the principal of all funds which have heretofore arisen or which may hereafter arise from the sale or other disposition of such lands, or the income from such lands accruing in any way before the sale or disposition thereof, in interest-bearing bonds of the United States, or of the state of Minnesota, issued after the year one thousand eight hundred and sixty (1860), or of such other state as the legislature may by law from time to time direct.]* SEC. 3. Public schools in each township in the state. The legislature shall make such provisions, by 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. 17 Minn., 412. No public money to be used for sectarian schools. [But in no case shall the moneys derived as aforesaid, or any portion thereof, or any public moneys or property, be appropriated or used for the support of schools wherein the distinctive doctrines, creed or tenets of any particular christian or other religious sect are promulgated or taught.]t. SEC. 4. Location of the state university confirmed. The location of the university of Minnesota, as established by existing laws, is hereby confirmed, and said institution is hereby declared to be the university of the 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 university purposes, shall vest in the institution referred to in this section. ARTICLE IX. FINANCES OF THE STATE, AND BANKS AND BANKING. SEC. 1. Taxes to be equal. 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: [provided, that the legislature may, by general law or special act, authorize municipal corporations to levy assessments for local improvements upon the property fronting upon such improvements, or upon the property to be benefited by such improvements, without regard to a cash valuation, and in such manner as the legislature may prescribe.] 8 Minn. 326 (366); 9 Minn. 258 (273); 13 Minn. 219; 14 Minn. 232; 19 Minn. 108; SEC. 2. Annual tax for ordinary expenses. The legislature shall provide for an annual tax sufficient to defray the estimated [ordinary] 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. Minnesota state railroad bonds. [But no law levying a tax, or making other provisions for the payment of interest or principal of the bonds denominated "Minnesota state railroad bonds." shall take effect or be in force until such law shall have been submitted to a vote of the people of the state, and adopted by a majority of the electors of the state voting upon the same. S SEC. 3. Property subject to taxation Laws shall be passed taxing all moreys, credits, investments in bonds, stocks, joint-stock companies, or otherwise, 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 seminaries 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 an amount not exceeding in value two hundred dollars for each individual, shall, by general laws, be exempt from taxation. 12 Minn. 295; 14 Minn. 252; 21 Minn. 315; 23 Minn. 280, 469. SEC. 4. Property of banks subject to taxation. Laws shall be passed for taxing the notes and bills discounted or purchased, moneys loaned, and all other property, effects or dues of *Paragraph in brackets adopted November 5, 1875. +Paragraph in brackets adopted November 6, 1877. The clause in brackets was adopted November 2, 1869. The word and clause in brackets were adopted November 6, 1860. every description, of all banks, and of all bankers, so that all property employed in banking shall always be subject to a taxation equal to that imposed on the property of individuals. County Treasurer v. Webb, 11 Minn. (500); 23 Minn. 280. SEC. 5. Public debt may be contracted. For the purpose of defraying extraordinary expenditures, the state may contract public debts, but such debts shall never, in the aggregate, exceed two hundred and fifty thousand dollars; every such debt shall be authorized by law, for some single object, to be distinctly specified therein; and no such law shall take effect until it shall have been passed by the vote of two-thirds of the members of each branch of the legislature, to be recorded by the yeas and nays on the journals of each house respectively; and every such law shall levy a tax annually sufficient to pay the annual interest of such debt, and also a tax sufficient to pay the principal of such debt within ten years from the final passage of such law, and shall specially appropriate the proceeds of such taxes to the payment of such principal and interest; and such appropriation and taxes shall not be repealed, postponed or diminished until the principal and interest of such debt shall have been wholly paid. The state shall never contract any debts for works of internal improvement, or be a party in carrying on such works, except in cases where grants of land or other property shall have been made to the state, especially dedicated by the grant to specific purposes; and in such cases the state shall devote thereto the avails of such grants, and may pledge or appropriate the revenues derived from such works in aid of their completion. SEC. 6. Public debt how contracted. All debts authorized by the preceding section shall be contracted by loan on state bonds of amounts not less than five hundred dollars each, on interest, payable within ten years after the final passage of the law authorizing such debt; and such bonds shall not be sold by the state under par. A correct registry of all such bonds shall be kept by the treasurer, in numerical order, so as always to exhibit the number and amount unpaid, and to whom severally made payable. SEC. 7. The state shall never contract any public debt, unless in time of war, to repel invasion or suppress insurrection, except in the cases and in the manner provided in the fifth and sixth sections of this article. SEC. 8. Appropriation of money received from loan or state bonds. The money arising from any loan made, or debt or liability contracted, shall be applied to the object specified in the act authorizing such debt or liability, or to the repayment of such debt or liability, and to no other purpose whatever. SEC. 9. Payment of money out of the treasury. No money shall ever be paid out of the treasury of this state, except in pursuance of an appropriation by law. SEC. 10. Loan of state credit-expunging amendment. The credit of the state shall never be given or loaned in aid of any individual association or corporation: [Nor shall there be any further issue of bonds denominated "Minnesota State Railroad Bonds," under what purports to be an amendment to section ten (10) of article nine (9) of the constitution, adopted April fifteenth, eighteen hundred and fifty-eight, which is hereby expunged from the constitution, saving, excepting and reserving to the state, nevertheless, all rights, remedies and forfeitures accruing under said amendment.]† SEC. 11. Receipts and expenditures of the state. There shall be published by the treasurer, in at least one newspaper printed at the seat of government, during the first week of January in each year, and in the next volume of the acts of the legislature, detailed statements of all moneys drawn from the treasury during the preceding year, for what purposes and to whom paid, and by what law authorized, and also of all moneys received, and by what authority, and from whom. SEC. 12. Safe-keeping and disbursement of state and school funds. Suitable laws shall be passed by the legislature for the safe-keeping, transfer and disbursement of the state and school funds; and all officers and other persons charged with the same or any part of the same, or the safe-keeping thereof, shall be required to give ample security for all moneys and funds of any kind received by them, to make forthwith and keep an accurate entry of each sum received and of each payment and transfer; and if any of said officers or other persons shall convert to his own use in any manner or form, or shall loan with or without interest, or shall deposit in his own name or otherwise than in the name of the state of Minnesota, or shall deposit in banks or with any person or persons, or exchange for [other] funds or property, any portion of the funds of the state or of the school funds aforesaid, except in the manner prescribed by law, every such act shall be and constitute an embezzlement of so much of the aforesaid state and school funds, or either of the same, as shall be thus taken, or loaned, or deposited, or exchanged, and shall be a felony; and any failure to pay over, or produce, or account for, the state or school funds, or any part of the same, entrusted to such officer or person, as by law required, on demand, shall be held and taken to be prima facie evidence of such embezzlement. SEC. 13. Provisions and restrictions for a banking law. The legislature may, by a twothirds vote, pass a general banking law, with the following restrictions and requirements, viz: Amended April 15, 1858. See post, page 33. The clause in brackets was adopted November 6, 1860. First-The legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the suspension of specie payments by any person, association or corporation issuing bank notes of any description. Second-The legislature shall provide by law for the registry of all bills or notes issued or put in circulation as money, and shall require ample security in United States stock or state stocks for the redemption of the same in specie; and in case of a depreciation of said stocks, or any part thereof, to the amount of ten per cent. or more on the dollar, the bank or banks owning said stocks shall be required to make up said deficiency by additional stocks. Third-The stockholders in any corporation and joint association for banking purposes issuing bank notes shall be individually liable in an amount equal to double the amount of stock owned by them for all the debts of such corporation or association; and such individual liability shall continue for one year after any transfer or sale of stock by any stockholder or stockholders. Fourth-In case of the insolvency of any bank or banking association, the bill-holders thereof shall be entitled to preference in payment over all other creditors of such bank or association. Fifth-Any general banking law which may be passed in accordance with this article, shall provide for recording the names of all stockholders in such corporations, the amount of stock held by each, the time of transfer, and to whom transferred, SEC. 14a.* State debt for public buildings. For the purpose of erecting and completing buildings for a hospital for the insane, a deaf, dumb and blind asylum, and state prison, the legislature may by law increase the public debt of the state, to an amount not exceeding two hundred and fifty thousand dollars, in addition to the public debt already heretofore authorized by the constitution; and for that purpose may provide by law for issuing and negotiating the bonds of the state, and appropriate the money only for the purpose aforesaid; which bonds shall be payable in not less than ten nor more than thirty years from the date of the same, at the option of the state. SEC. 14b. Municipal debts in aid of railroads. The legislature shall not authorize any .county, township, city, or other municipal corporation to issue bonds or to become indebted in any manner to aid in the construction or equipment of any or all railroads to any amount that shall exceed ten per centum of the value of the taxable property within such county, township, city, or other municipal corporation; the amount of such taxable property to be ascertained and determined by the last assessment of said property made for the purpose of state and county taxation previous to the incurring of such indebtedness. 23 Minn. 422. ARTICLE X. OF CORPORATIONS HAVING NO BANKING PRIVILEGES. SECTION 1. Of corporations and their powers. The term "corporations," as used in this article, shall be construed to include all associations and joint-stock companies having any of the powers and privileges not possessed by individuals or partnerships, except such as embrace banking privileges; and all corporations shall have the right to sue, and shall be liable to be sued, in all courts in like manner as natural persons. McRoberts v. Washburne, 10 Minn. (23). SEC. 2. No corporations shall be formed under special acts, except for municipal purposes. 9 Minn. 153 (166); McRoberts v. Washburne, 10 Minn. (23); 14 Minn. 297; 17 Minn. 412; 21 Minn. 241; 22 Minn. 372. SEC. 3. Liabilities of stockholders. Each stockholder in any corporation, [excepting those organized for the purpose of carrying on any kind of manufacturing or mechanical business,] shall be liable to the amount of stock held or owned by him. ‡ 16 Minn. 368. SEC. 4. Lands taken for public way. Lands may be taken for public way, for the purpose of granting to any corporation the franchise of way for public use. In all cases, however, a fair and equitable compensation shall be paid for such land, and the damages arising from the taking of the same; but all corporations being common carriers, enjoying the right of way in pursuance of the provisions of this section, shall be bound to carry the mineral, agricultural and other productions or manufactures on equal and reasonable terms. 18 Minn. 155; 21 Minn. 322; 22 Minn. 372. ARTICLE XI. COUNTIES AND TOWNSHIPS. SECTION 1. Counties, county lines and county seats. The legislature may, from time to time, establish and organize new counties, but no new county shall con.ain less than four hundred square miles; nor shall any county be reduced below that amount; and all laws Section 14a was adopted November 5, 1872. +Section 14b was adopted November, 5, 1872. The clause in brackets adopted November 5, 1872. changing county lines in counties already organized, or for removing county seats, shall, before taking effect, be submitted to the electors of the county or counties to be affected thereby, at the next general election after the passage thereof and be adopted by a majority of such electors. Counties now established may be enlarged, but not reduced below four hundred (400) square_miles. Taylor v. Taylor, 10 Minn. (107); 16 Minn. 249; 22 Minn. 53; 23 Minn. 40. SEC. 2. Organization of cities into counties. The legislature may organize any city into a separate county when it has attained a population of twenty thousand inhabitants, without reference to geographical extent, when a majority of the electors of the county in which such city may be situated, voting thereon, shall be in favor of a separate organization. SEC. 3. Organization of townships. Laws may be passed providing for the organization, for municipal and other town purposes, of any congressional or fractional townships in the several counties in the state: provided, that when a township is divided by county lines, or does not contain one hundred inhabitants, it may be attached to one or more adjoining townships or parts of townships, for the purposes aforesaid. SEC. 4. Election of county and township officers. Provision shall be made by law for the election of such county or township officers as may be necessary. 15 Minn. 198. SEC. 5. Local taxation. Any county and township organization shall have such powers of local taxation as may be prescribed by law. 18 Minn. 482; 20 Minn. 74; 22 Minn. 366. SEC. 6. Money in county or township treasuries No money shall be drawn from any county or township treasury except by authority of law. SEC. 7. County of Manomin. That the county of Manomin is hereby abolished and that the territory heretofore comprising the same shall constitute and be a part of the county of Anoka ARTICLE XII. OF THE MILITIA. SECTION 1. Militia organization. It shall be the duty of the legislature to pass such laws for the organization, discipline and service of the militia of the state as may be deemed neces IMPEACHMENT AND REMOVAL FROM OFFICE. SECTION 1. Impeachment and removal from office. The governor, secretary of state, treasurer, auditor, attorney general, and the judges of the supreme and district courts, may be impeached for corrupt conduct in office, or for crimes and misdemeanors, but judgment in such cases shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit, in this state. The party convicted thereof shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. SEC. 2. Removal from office. The legislature of this state may provide for the removal of inferior officers from office, for malfeasance or nonfeasance in the performance of their duties. 15 Minn. 198. SEC. 3. Disability pending impeachment. No officer shall exercise the duties of his office after he shall have been impeached and before his acquittal. SEC. 4. Trial of the governor. On the trial of an impeachment against the governor, the lieutenant governor shall not act as a member of the court. SEC. 5. Service of copy of articles. No person shall be tried on impeachment before he shall have been served with a copy thereof, at least twenty days previous to the day set for trial. ARTICLE XIV. AMENDMENTS TO THE CONSTITUTION. SECTION 1. Amendments to the constitution. Whenever a majority of both houses of the legislature shall deem it necessary to alter or amend this constitution, they may propose such alterations or amendments, which proposed amendments shall be published with the laws which have been passed at the same session, and said amendments shall be submitted to the people for their approval or rejection; and if it shall appear in a manner to be provided by law, that a majority of voters present and voting shall have ratified such alterations or amendments, the same shall be valid to all intents and purposes, as a part of this constitution. If two or more alterations or amendments shall be submitted at the same time, it shall be so regulated that the voters shall vote for or against each separately. 22 Minn. 400. •Adopted November 2, 1869. |