8 4. Residence.

For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States or of this State; nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house or other asylum, at public expense; nor while confined in any public prison.

§ 5. Soldiers, Seamen and Marines Not to Vote-Residence of.

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

8 6. Negroes, Chinamen, etc.

No negro, Chinaman or mulatto shall have the right of suffrage.

§ 7. Bribery at Elections.

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

§ 8. Election Laws.

The Legislative Assembly shall enact laws to support the privilege of free suffrage, prescribing the manner of regulating and conducting elections, and prohibiting, under adequate penalties, all undue influence therein from power, bribery, tumult and other improper conduct.

§ 9. Penalty for Dueling.

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

No person holding a lucrative office or appointment under the United States, or under this State, shall be eligible to a seat in the Legislative Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constitution expressly permitted; Provided, that officers in the militia, to which there is attached no annual salary, and the office of Postmaster, where the compensation does not exceed one hundred dollars per annum, shall not be deemed lucrative.

No person who may hereafter be a collector or holder of public money shall be eligible to any office of trust or profit until he shall have accounted for and paid over, according to law, all sums for which he may be liable.

In all cases in which it is provided that an office shall not be filled by the same person more than a certain number of years continuously, an appointment pro tempore shall not be reckoned a part of that term.

§ 13. Privileges of Electors.

In all cases except treason, felony, and breach of the peace, electors shall be free from arrest in going to elections, during their attendance there, and in returning from the same; and no elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger.

8 14. Time of Holding Elections.

General elections shall be held on the first Monday of June, biennially.

In all elections by the Legislative Assembly, or by either branch thereof, votes shall be given openly or vica voce, and not by ballot, forever; and in all elections by the people, votes shall be given openly, or vica voce, until the Legislative Assembly shall otherwise direct.

8 16.

Plurality Elects.

In all elections held by the people under this Constitution, the person or persons

All qualified electors shall vote in the election precinct in the county where they may reside, for county officers, and in any county of the State for State officers, or in any county of a Congressional District in which such electors may reside, for Members of Congress.

§ 1. Powers of Government.

ARTICLE III.
Distribution of Powers.

The powers of the government shall be divided into three separate departmentsthe Legislative, the Executive, including the Administrative, and the Judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another except as in this Constitution expressly provided.

ARTICLE IV.
Legislative Department.

§ 1. Legislative Authority-Style of Bill-Initiative and Referendum.

The legislative authority of the State shall be vested in a Legislative Assembly, consisting of a Senate and House of Representatives, but the people reserve to themselves power to propose laws and amendments to the Constitution and to enact or reject the same at the polls, independent of the Legislative Assembly, and also reserve power at their own option to approve or reject at the polls any act of the Legislative Assembly. The first power reserved by the people is the initiative, and not more than eight per cent of the legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the Secretary of State not less than four months before the election at which they are to be voted upon. The second power

is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health, or safety), either by the petition signed by five per cent of the legal voters, or by the Legislative Assembly, as other bills are enacted. Referendum petitions shall be filed with the Secretary of State not more than ninety days after the final adjournment of the session of the Legislative Assembly which passed the bill on which the referendum is demanded. The veto power of the Governor shall not extend to measures referred to the people. All elections on measures referred to the people of the State shall be had at the biennial regular general elections, except when the Legislative Assembly shall order a special election. Any measure referred to the people shall take effect and become the law when it is approved by a majority of the votes cast thereon, and not otherwise. The style of all bills shall be: "Be it enacted by the people of the State of Oregon.'' This section shall not be construed to deprive any member of the Legislative Assembly of the right to introduce any measure. The whole number of votes cast for Justice of the Supreme Court at the regular election last preceding the filing of any petition for the initiative or for the referendum shall be the basis on which the number of legal voters necessary to sign such petition shall be counted. Petitions and orders for the initiative and for the referendum shall be filed with the Secretary of State, and in submitting the same to the people he, and all other officers, shall be guided by the general laws and the act submitting this amendment, until legislation shall be especially provided therefor.

8 la.

Note. The above section is an amendment to the original Constitution, and was adopted by the Twentieth Legislative Assembly; adopted by the Twenty-first Legislative Assembly; adopted by the people, by vote of 62,024 for, to 5,668 against it, June 2, 1902.

Initiative and Referendum on Local, Special and Municipal Laws and Parts of
Laws.

The referendum may be demanded by the people against one or more items, sections, or parts of any act of the Legislative Assembly in the same manner in which such power may be exercised against a 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 that act from becoming operative. The initiative and referendum powers reserved to the people by this Constitution are hereby further reserved to the legal voters of every municipality and district, as to all local, special and municipal legislation, of every character, in or for their respective municipalities and districts. The manner of exercising said powers shall be prescribed by general laws, except that cities and towns may provide for the manner of exercising the initiative and referendum powers as to their municipal legislation. Not more than ten per cent of the legal voters may be required

to order the referendum nor more than fifteen per cent to propose any measure, by the initiative, in any city or town.

Сосиладим Law √1907 рнов

§ 2.

Note 1.-The above section was proposed by initiative petition filed in the office of the Secretary of State February 3, 1906, and adopted by vote of the people, 47,678 for, and 16,735 against, June 4, 1906. It went into effect by proclamation of the Governor issued June 25, 1906.

"The legislative

Note 2.-Section 1 as originally adopted was as follows: authority of the State shall be vested in the Legislative Assembly which shall consist of a Senate and House of Representatives. The style of every bill

shall be 'Be it enacted by the Legislative Assembly of the State of Oregon,' and no law shall be enacted except by bill.''

Number of Senators and Representatives.

The Senate shall consist of sixteen, and the House of Representatives of thirty-four members, which number shall not be increased until the year eighteen hundred and sixty, after which time the Legislative Assembly may increase the number of Senators and Representatives; always keeping, as near as may be, the same ratio as to the number of Senators and Representatives; Provided, that the Senate shall never exceed thirty, and the House of Representatives sixty members.

3. By Whom Chosen.

The Senators and Representatives shall be chosen by the electors of the respective counties or districts into which the State may from time to time be divided by law. 8 4. Term of Office-Senators, How Classified.

The Senators shall be elected for the term of four years, and Representatives for the term of two years from the day next after their general election; Provided, however, that the Senators elect, at the first session of the Legislative Assembly under this Constitution, shall be divided by lot into two equal classes, as nearly as may be; and the seats of Senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years; so that one-half, as nearly as possible, shall be chosen biennially forever thereafter. And in case of the increase of the number of Senators, they shall be so annexed by lot to one or the other of the two classes as to keep them as nearly equal as possible.

8 5. Census.

The Legislative Assembly shall, in the year eighteen hundred and sixty-five, and every ten years after, cause an enumeration to be made of all the white population of the State.

The number of Senators and Representatives shall, at the session next following an enumeration of the inhabitants by the United States or this State, be fixed by law, and apportioned among the several counties according to the number of white population in each. And the ratio of Senators and Representatives shall be determined by dividing the whole number of white population of such county or district, by such respective ratios; and when a fraction shall result from such division, which shall exceed one-half of such ratio, such county or district shall be entitled to a member for such fraction. And in case any county shall not have the requisite population to entitle such county to a member, then such county shall be attached to some adjoining county for senatorial or representative purposes.

8 7. Senatorial Districts.

A senatorial district, when more than one county shall constitute the same, shall be composed of contiguous counties, and no county shall be divided in creating senatorial districts.

No person shall be a Senator or Representative who, at the time of his election, is not a citizen of the United States; nor any one who has not been for one year next preceding his election an inhabitant of the county or district whence he may be chosen. Senators and Representatives shall be at least twenty-one years of age.

8 9. When Free from Arrest-Words Uttered in Debate.

Senators and Representatives in all cases, except for treason, felony, or breaches of the peace, shall be privileged from arrest during the session of the Legislative Assembly, and in going to and returning from the same; and shall not be subject to any civil process during the session of the Legislative Assembly, nor during the fifteen days next before the commencement thereof. Nor shall a member, for words uttered in debate in

The sessions of the Legislative Assembly shall be held biennially at the Capital of the State, commencing on the second Monday of September, in the year eighteen hundred and fifty-eight, and on the same day of every second year thereafter, unless a different day shall have been appointed by law.

$ 11. Election of Officers-Judge of Qualification of Members, etc.

Each House, when assembled, shall choose its own officers, judge of the election, qualifications and returns of its own members, determine its own rules of proceeding, and sit upon its own adjournment; but neither House shall, without the concurrence of the other, adjourn for more than three days, nor to any other place than that in which it may be sitting.

$12. Quorum.

Two-thirds of each House shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either House fail to effect an organization within the first five days thereafter, the members of the House so failing shall be entitled to no compensation from the end of the said five days until an organization shall have been effected.

$ 13.

Journal-When Yeas and Nays to be Entered.

Each House shall keep a journal of its proceedings. The yeas and nays on any question, shall, at the request of any two members, be entered, together with the names of the members demanding the same, on the journal; Provided, that on a motion to adjourn, it shall require one-tenth of the members present to order the yeas and nays.

$ 14. When Session May be Secret.

The doors of each House, and of committees of the whole, shall be kept open, except in such cases as in the opinion of either House may require secrecy.

$ 15. Punishment of Members.

Either House may punish its members for disorderly behavior, and may, with the concurrence of two-thirds, expel a member; but not a second time for the same cause. $ 16. Punishment of Person Not a Member.

Either House, during its session, may punish by imprisonment any person not a member, who shall have been guilty of disrespect to the House, by disorderly or contemptuous behavior in its presence, but such imprisonment shall not at any time exceed twenty-four hours.

Each House shall have all powers necessary for a branch of the legislative department of a free and independent State.

§ 18. Bills Where to Originate.

Bills may originate in either House, but may be amended or rejected in the other, except that bills for raising revenue shall originate in the House of Representatives. § 19. Reading of Bills and Vote on Final Passage.

Every bill shall be read by sections, on three several days, in each House, unless, in case of emergency, two-thirds of the House where such bill may be pending, shall, by a vote of yeas and nays, deem it expedient to dispense with this rule; but the reading of a bill by sections on its final passage shall in no case be dispensed with, and the vote on the passage of every bill or joint resolution shall be taken by yeas and nays. § 20. Subject and Title of Act.

Every act shall embrace but one subject, and matters properly connected therewith,* which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.

Every act and joint resolution shall be plainly worded, avoiding, as far as practicable, the use of technical terms.

No act shall ever be revised or amended by mere reference to its title, but the act revised or section amended shall be set forth and published at full length.

2

The Legislative Assembly shall not pass special or local laws in any of the following enumerated cases, that is to say:

1. Regulating the jurisdiction and duties of justices of the peace, and of constables; 2. For the punishment of crimes and misdemeanors;

3. Regulating the practice in courts of justice;

4. Providing for changing the venue in civil and criminal cases;

5. Granting divorces;

6. Changing the names of persons;

7. For laying, opening and working on highways, and for the election or appointment of supervisors;

8. Vacating roads, town plats, streets, alleys and public squares;

9. Summoning and empaneling grand and petit jurors;

10. For the assessment and collection of taxes for State, county, township or road purposes;

11. Providing for supporting common schools, and for the preservation of school funds;

12. In relation to interest on money;

13. Providing for opening and conducting the elections of State, county or township officers, and designating the places of voting;

14. Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities, by executors, administrators, guardians or trustees. 8 24. Suit Against State.

Provision may be made by general law for bringing suit against the State, as to all liabilities originating after or existing at the time of the adoption of this Constitution; but no special act authorizing such suit to be brought, or making compensation to any person claiming damages against the State, shall ever be passed.

8 25.

Majority Necessary to Pass a Bill-Bill to be Signed by Presiding Officer.

A majority of all the members elected to each House shall be necessary to pass every bill or joint resolution; and all bills and joint resolutions so passed shall be signed by the presiding officers of the respective Houses.

8 26. Protest.

Any member of either House shall have the right to protest, and have his protest, with his reasons for dissent, entered on the journal.

Every statute shall be a public law, unless otherwise declared in the statute itself. $ 28. When Act to Take Effect.

No act shall take effect until ninety days from the end of the session at which the same shall have been passed, except in case of emergency; which emergency shall be declared in the preamble or in the body of the law.

§ 29. Compensation of Members.

The members of the Legislative Assembly shall receive for their services a sum not exceeding three dollars a day from the commencement of the session; but such pay shall not exceed in the aggregate one hundred and twenty dollars for per diem allowance for any one session. When convened in extra session by the Governor, they shall receive three dollars per day; but no extra session shall continue for a longer period than twenty days. They shall also receive the sum of three dollars for every twenty miles they shall travel in going to and returning from their place of meeting, on the most usual route. The presiding officers of the assembly shall, in virtue of their office, receive an additional compensation equal to two-thirds of their per diem allowance as members. § 30.

Member Not Eligible to Other Office.

No Senator or Representative shall, during the time for which he may have been elected, be eligible to any office, the election to which is vested in the Legislative Assembly; nor shall be appointed to any civil office of pront which shall have been created, or the emoluments of which shall have been increased during such term, but this latter provision shall not be construed to apply to any officer elective by the people. § 31. Oath of Members.

The members of the Legislative Assembly shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation:

I do solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully discharge the duties of Senator (or Representative, as the case may