by

Hold office until successor is qual. ified..

Compensation of
Judges.

Proviso.

Judicial districts increased by Legislature.

shall reside in their respective townships, counties or districts Vacancies filled during their respective terms of office. In case of vacancy in

any judicial office, it shall be filled, by appointment of the Gov-
ernor, until the next regular election, that shall occur more than
thirty days after such vacancy shall have happened.

SEC. 12. All judicial officers shall hold their offices until their
successors shall have been qualified.

SEC. 13. The Justices of the Supreme Court and Judges of the District Court shall, at stated times, receive for their services such compensation as may be provided by law, which shall not be increased during their respective terms of office; Provided, Such compensation shall not be less than fifteen hundred dollars to each Justice or Judge each year, and such Justices or Judges shall receive no fees or perquisites nor hold any other office of profit or trust under the authority of the State or the United States during the term of office for which said Justices and Judges shall be elected, nor practice law in any of the courts of the State during their continuance in office.

Sec. 14. Provisions may be made by law for the increase of the number of judicial districts whenever two-thirds of the members of each House shall concur. Such districts shall be formed of compact territory and bounded by county lines, and such increase shall not vacate the office of any judge.

Sec. 15. Justices of the Supreme Court and Judges of the District Courts, may be removed from office by resolution of both Houses, if two-thirds of the members of each House concur; but no such removal shall be made except upon complaint, the substance of which shall be entered upon the journal, nor until the party charged shall have had notice and opportunity to be heard.

SEC. 16. The several Justices and Judges of the courts of record in this State, shall have such jurisdiction at chambers as may be provided by law.

Sec. 17. The style of all process shall be “The State of Kansas,” and all prosecutions shall be carried on in the name of the State.

Sec. 18. Until otherwise provided by law, the first district shall consist of the counties of Wyandott, Leavenworth, Jefferson and Jackson. The second district shall consist of the counties of Atchison, Doniphan, Brown, Nemaha, Marshall and Washington. The third district shall consist of the counties of Pottawattomie, Riley, Clay, Dickinson, Davis, Wabaunsee and Shawnee. The

Judges removed,

how.

Jurisdiction at chambers.

Style of process.

First distriot.

Second.

Third.

fourth district shall consist of the counties of Douglas, Johnson, Fourth.
Lykins, Franklin, Anderson, Linn, Bourbon and Allen. The
fifth district shall consist of the counties of Osage, Coffey, Fifth.
Woodson, Greenwood, Madison, Breckinridge, Morris, Chase,
Butler and Hunter.

SEC. 19. New or unorganized counties shall, by law, be at- Now and unofi. tached, for judicial purposes, to the most convenient judicial districts.

Sec. 20. Provision shall be made by law, for the selection, by Pro tom, Jadso. the bar, of a pro tem. Judge of the District Court, when the Judge is absent or otherwise unable or disqualified to sit in any case.

ganized counties.

ARTICLE IV.

ELECTIONS. SEOTION 1. All elections by the people shall be by ballot, and Elections. all elections by the Legislature shall be viva voce.

SEC. 2. General elections shall be held annually, on the Tues- General. day succeeding the first Monday in November. Township elec- Township. tions shall be held on the first Tuesday of April, until otherwise provided by law.

ARTICLE V.

elector

SUFFRAGE. SECTION 1. Every white male person, of twenty-one years and Qualifications of upwards, belonging to either of the following classes—who shall have resided in Kansas six months next preceding any election, and in the township or ward in which he offers to vote, at least thirty days next preceding such election—shall be deemed a qualified elector:

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 on the subject of naturalization.

SEC. 2. No person under guardianship, non compos mentis, who shall not or insane, shall be qualified to vote, nor any person convieted of treason or felony, unless restored to civil rights.

Sec. 3. No soldier, seaman or marine, in the army or navy sama. of the United States, or of their allies, shall be deemed to have acquired a residence in the State in consequence of being stationed within the same ; nor shall any soldier, seamen or marine have the right to vote.

Laws for proving samo..

No duelist to hold offico.

SEC. 4. The Legislature shall pass such laws as may be nec-
essary for ascertaining, by proper proofs, the citizens who shall
be entitled to the right of suffrage hereby established.

Sec. 5. Every person who shall give or accept a challenge to
fight a duel, or who shall, knowingly, carry to another person
such challenge, or shall go out of the State to fight a duel, sh
be ineligible to any office of trust or profit.

Sec. 6. Every person who shall have given or offered a bribe
to procure his election, shall be disqualified from holding office
during the term for which he may have been elected.

Sec. 7. Electors, during their attendance at elections, and in going to and returning therefrom, shall be privileged from arrest in all cases except treason, felony or breach of the peace.

Person bribing cannot hold office.

Electors privileged from arrest.

ARTICLE VI.

EDUCATION.

State Superintendent to have charge of funds

interests.

.

Legislature to establigh Common Schools.

School lands.

SECTION 1. The State Superintendent of Public Instruction and school and shall have the general supervision of the Common School funds

and educational interest of the State, and perform such other County Superin- duties as may be prescribed by law. A Superintendent of Pub

lic Instruction shall be elected in each county, whose term of
office shall be two years, and whose duties and compensation
shall be prescribed by law.

SEO. 2. The Legislature shall encourage the promotion of
intellectual, moral, scientific and agricultural improvement, by
establishing a uniform system of Common Schools, and Schools
of a higher grade, embracing normal, preparatory, collegiate,
and university departments.

SEC. 3. The proceeds of all lands that have been, or may be, granted by the United States to the State, for the support of Schools, and the five hundred thousand acres of land granted to the new States, under an act of Congress distributing the proceeds of public lands among the several States of the Union, approved September 4, A. D. 1841, and all estates of persons dying without heir or will, and such per cent. as may be granted by Congress, on the sale of lands in this State, shall be the common property of the State, and shall be a perpetual School fund, which shall not be diminished, but the interest of which, together with all the rents of the lands, and such other means as the Legislature may provide, by tax or otherwise, shall be inviolably appropriated to the support of Common Schools.

SEC. 4. The income of the State School funds shall be dis

School funds, how disbursed.

au

plied to sup

bursed annually, by order of the State Superintendent, to the several County Treasurers, and thence to the Treasurers of the several School districts, in equitable proportion to the number of children and youth resident therein, between the ages of five and twenty-one years; Provided, That no School district, in which a Common School has not been maintained at least three months in each year, shall be entitled to receive any portion of such funds. Lands not to be

Sec. 5. The School lands shall not be sold unless such sale thorised by the shall be authorized by a vote of the people at a general election ; but, subject to revaluation every five years, they may be leased to be leased. for any number of years not exceeding twenty-five, at a rate established by law.

Sec. 6. All money which shall be paid by persons as an equiv- other on other alent for exemption from military duty; the clear proceeds of port of sohools. estrays, ownership of which shall vest in the taker up; and the proceeds of fines for any breach of the penal laws, shall be exclusively applied in the several counties in which the money is paid or fines collected, to the support of Common Schools.

Sec. 7. Provision shall be made by law for the establishment, State University at some eligible and central point, of a State University, for the promotion of literature, and the arts and sciences, including a Normal and an Agricultural department. All funds arising from the sale or rents of lands granted by the United States to the State for the support of a State University, and all other grants, donations or bequests, either by the State or by individuals, for such purpose, shall remain a perpetual fund, to be called the

University Fund;" the interest of which shall be appropriated to the support of the State University.

Sec. 8. No religious sect or sects shall ever control any part o have controle de of the Common School or University funds of the State.

Sec. 9. The State Superintendent of Public Instruction, Sec- sionere for investretary of State and Attorney General shall constitute a Board of Commissioners, for the management and investment of the School funds. Any two of said Commissioners shall be a quorum.

a

No religious

any funds,

Board of Commis

ment of funds.

ARTICLE VII.

Benevolent insti

PUBLIC INSTITUTIONS. SECTION 1. Institutions for the benefit of the insane, blind, tutions to be supand deaf and dumb, and such other benevolent institutions as the State. public good may require, shall be fostered and supported by the State, subject to such regulations as may be prescribed by low. Trustees of such benevolent institutions, as may be hereafter

.

Governor to A11 vacancies in offioos aforesaid.

Trustees of same. created, shall be appointed by the Governor, by and with the

advice and consent of the Senate; and, upon all nominations
made by the Governor, the question shall be taken in yeas and

nays, and entered upon the journal.
Penitentiary. SEC. 2. A Penitentiary shall be establisked, the directors of

which shall be appointed or elected, as prescribed by law.

SEC. 3. The Governor shall fill any vacancy that may occur in the offices aforesaid, until the next session of the Legislature, and until a successor to his appointee shall be confirmed and qualified.

Sec. 4. The respective counties of the State shall provide, as may be prescribed by law, for those inhabitants, who, by reason of age, infirmity, or other misfortune, may have claims upon the sympathy and aid of society.

ARTICLE VIII.

Counties to provide for support of aged and infirm.

MILITIA.

Militia composed ot what.

Exemption,

Legislature provide for organising, &c.

SECTION 1. The Militia shall be composed of all able-bodied white male citizens between the ages of twenty-one and fortyfive years, except such as are exempted by the laws of the United States, or of this State; but all citizens, of any religious denomination whatever, who, from scruples of conscience, may be averse to bearing arms, shall be exempted therefrom, upon such conditions as may be prescribed by law.

SEC. 2. The Legislature shall provide for organizing, equipping and disciplining the Militia in such manner as it shall deem expedient, not incompatible with the laws of the United States.

SEC. 3. Officers of the Militia shall be elected or appointed, and commissioned in such manner as may be provided by law.

SEC. 4. The Governor shall be Commander-in-Chief, and shall have power to call out the Militia to execute the laws, to suppress insurrection, and to repel invasion.

Officers how elected,

Governor Com. mander-in-chief.

ARTICLE IX.

Legislature to provide for new counties,

COUNTY AND TOWNSHIP ORGANIZATION.
SECTION 1. The Legislature shall provide for organizing new
counties, locating county seats, and changing county lines; but
no county seat shall be changed without the consent of a major-

ity of the electors of the county ; nor any county organized, nor Size of counties. the lines of any county changed so as to include an area of less

than four hundred and thirty-two square miles.

SEO. 2. The Legislature shall provide for such county and township officers as may be necessary.

County and township officers.