And such oath may be administered by the Governor, Secretary of State, or Judge of the Supreme Court.

The chief executive power of the State shall be vested in a Governor, who shall hold his office for the term of four years; and no person shall be eligible to such office more than eight, in any period of twelve years.

§ 2. Qualifications of Governor.

No person, except a citizen of the United States, shall be eligible to the office of Governor, nor shall any person be eligible to that office who shall not have attained the age of thirty years, and who shall not have been three years next preceding his election, a resident within this State.

§ 3. Who Not Eligible.

No member of Congress, or person holding any office under the United States, or under this State, or under any other power, shall fill the office of Governor; except as may be otherwise provided in this Constitution.

$ 4. Election of Governor.

The Governor shall be elected by the qualified electors of the State, at the times and places of choosing members of the Legislative Assembly, and the returns of every election for Governor shall be sealed up and transmitted to the Secretary of State, directed to the Speaker of the House of Representatives, who shall open and publish them in the presence of both houses of the Legislative Assembly.

$ 5. In Case of Tie.

The person having the highest number of votes for Governor shall be elected; but in case two or more persons shall have an equal, and the highest number of votes for Governor, the two houses of the Legislative Assembly, at the next regular session thereof, shall forthwith, by joint vote, proceed to elect one of the said persons Governor. § 6. Contested Elections.

Contested elections for Governor shall be determined by the Legislative Assembly in such manner as may be prescribed by law.

The official term of the Governor shall be four years; and shall commence at such times as may be provided by this Constitution, or prescribed by law.

§ 8. In Case of Vacancy or Disability.

In case of the removal of the Governor from office, or of his death, resignation, or inability to discharge the duties of the office, the same shall devolve on the Secretary of State; and in case of the removal from office, death, resignation, or inability, both of the Governor and Secretary of State, the President of the Senate shall act as Governor, until the disability be removed, or a Governor be elected.

§ 9. Governor, Commander-in-Chief.

The Governor shall be commander-in-chief of the military and naval forces of this State, and may call out such forces to execute the laws, to suppress insurrection, or to repel invasion.

§ 10.

To See that Laws are Executed.

He shall take care that the laws be faithfully executed.

§ 11.

To Make Recommendations to Legislature.

He shall from time to time, give to the Legislative Assembly information touching the condition of the State, and recommend such measures as he shall judge to be expedient.

$ 12. May Convene Legislature.

He may, on extraordinary occasions, convene the Legislative Assembly by proclamation, and shall state to both houses, when assembled, the purpose for which they shall have been convened.

He shall transact all necessary business with the officers of Government, and may require information in writing from the officers of the administrative and military departments upon any subject relating to the duties of their respective offices.

$ 14. May Grant Reprieves, Pardons, etc.

He shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses except treason, subject to such regulations as may be provided by law. Upon conviction for treason he shall have power to suspend the execution of the sentence until the case shall be reported to the Legislative Assembly at its next meeting, when the Legislative Assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law; and shall report to the Legislative Assembly at its next meeting each case of reprieve, commutation or pardon granted, and the reasons for granting the same; and also the names of all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted.

$ 15.

Veto Power-Reconsideration of Vote by Legislature-Vote to be by Yeas and Nays.

Every bill which shall have passed the Legislative Assembly shall, before it becomes a law, be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it with his objections to that House in which it shall have originated, which House shall enter the objections at large upon the journal, and proceed to reconsider it. If, after such reconsideration two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present it shall become a law. But in all cases the votes of both Houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journal of each House respectively; if any bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, it shall be a law without his signature, unless the general adjournment shall prevent its return, in which case it shall be a law, unless the Governor, within five days next after the adjournment (Sundays excepted) shall file such bill, with his objections thereto, in the office of Secretary of State, who shall lay the same before the Legislative Assembly at its next session, in like manner as if it had been returned by the Governor.

8 16. Governor to Fill Vacancies by Appointment.

When, during a recess of the Legislative Assembly, a vacancy shall happen in any office, the appointment to which is vested in the Legislative Assembly; or when at any time a vacancy shall have occurred in any other State office, or in the office of judge of any court, the Governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified.

§ 17. Issue Writs of Election.

He shall issue writs of election to fill such vacancies as may have occurred in the Legislative Assembly.

§ 18. Commissions.

All commissions shall issue in the name of the State, shall be signed by the Governor, sealed with the seal of the State, and attested by the Secretary of State.

§ 1.

ARTICLE VI.

Administrative Department.

Election of Secretary and Treasurer of State.

There shall be elected by the qualified electors of the State, at the times and places of choosing members of the Legislative Assembly, a Secretary, and Treasurer of State, who shall severally hold their offices for the term of four years; but no person shall be eligible to either of said offices more than eight, in any period of twelve years.

§ 2. Duties of Secretary of State.

The Secretary of State shall keep a fair record of the official acts of the Legislative Assembly, and Executive Department of the State; and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislative Assembly. He shall be, by virtue of his office, auditor of public accounts, and shall perform such other duties as shall be assigned him by law.

§ 3. Seal of State.

There shall be a Seal of State, kept by the Secretary of State for official purposes, which shall be called "The Seal of the State of Oregon."

The power and duties of the Treasurer of State shall be such as may be prescribed

The Governor, and the Secretary, and Treasurer of State shall severally keep the public records, books and papers in any manner relating to their respective offices, at the seat of Government, at which place also the Secretary of State shall reside.

There shall be elected in each county, by the qualified electors thereof at the time of holding general elections, a county clerk, treasurer, sheriff, coroner and surveyor, who shall severally hold their offices for the term of two years.

$ 7. Other Officers.

Such other county, township, precinct, and city officers as may be necessary, shall be elected or appointed in such manner as may be prescribed by law.

No person shall be elected or appointed to a county office who shall not be an elector of the county; and all county, township, precinct and city officers shall keep their respective offices at such places therein, and perform such duties as may be prescribed by law.

$ 9. Vacancies, How Filled.

Vacancies in county, township, precinct and city offices shall be filled in such manner as may be prescribed by law.

§ 1.

ARTICLE VII.

Judicial Department.

Judicial Power of State, in Whom Vested.

The judicial power of the State shall be vested in a Supreme Court, circuit courts, and county court, which shall be courts of record, having general jurisdiction, to be defined, limited and regulated by law in accordance with this Constitution. Justices of the peace may also be invested with limited judicial powers, and municipal courts may be created to administer the regulations of incorporated towns and cities.

The Supreme Court shall consist of four Justices, to be chosen in districts by the electors thereof, who shall be citizens of the United States, and who shall have resided in the State at least three years next preceding their election, and after their election to reside in their respective districts. The number of Justices and districts may be increased, but shall not exceed five, until the white population of the State shall amount to one hundred thousand, and shall never exceed seven; and the boundaries of districts may be changed, but no change of district shall have the effect to remove a Judge from office, or require him to change his residence without his consent. § 3. Term of Office.

The Judges first chosen under this Constitution shall allot among themselves their terms of office, so that the term of one of them shall expire in two years, one in four years, and two in six years, and thereafter one or more shall be chosen every two years, to serve for the term of six years.

§ 4. Vacancy.

Every vacancy in the office of Judge of the Supreme Court shall be filled by election for the remainder of the vacant term, unless it would expire at the next election, and until so filled, or when it would so expire, the Governor shall fill the vacancy by appointment.

$ 5. Who to be Chief Justice.

The Judge who has the shortest term to serve, or the oldest of several having such shortest term, and not holding by appointment, shall be the Chief Justice.

The Supreme Court shall have jurisdiction only to revise the final decisions of the circuit courts; and every cause shall be tried, and every decision shall be made by those Judges only, or a majority of them, who did not try the cause or make the decision in the circuit court.

§ 7. Terms of Supreme Court.

The terms of the Supreme Court shall be appointed by law; but there shall be one term at the seat of government annually. And at the close of each term the Judges shall file with the Secretary of State, concise written statements of the decisions made at that term.

§ 8. Circuit Courts.

The circuit court shall be held twice, at least, in each year, in each county organized for judicial purposes, by one of the Justices of the Supreme Court, at times to be appointed by law; and at such other times as may be appointed by the Judges, severally, in pursuance of law.

$ 9. Jurisdiction of Circuit Courts.

All judicial power, authority and jurisdiction not vested by this Constitution, or by laws consistent therewith exclusively in some other court, shall belong to the circuit courts; and they shall have appellate jurisdiction and supervisory control over the county courts, and all other inferior courts, officers and tribunals.

§ 10.

When Supreme and Circuit Judges May be Elected in Distinct Classes-Duties of Judges.

When the white population of the State shall amount to two hundred thousand, the Legislative Assembly may provide for the election of Supreme and Circuit Judges in distinct classes, one of which classes shall consist of three Justices of the Supreme Court, who shall not perform circuit duty, and the other class shall consist of the necessary number of circuit judges, who shall hold full terms without allotment, and who shall take the same oath as the Supreme Judges.

$ 11. County Judge and Terms of County Court.

There shall be elected in each county, for the term of four years, a county judge, who shall hold the county court at times to be regulated by law.

§ 12.

Jurisdiction of County Courts-County Commissioners.

The county court shall have the jurisdiction pertaining to probate courts, and boards of county commissioners, and such other powers and duties, and such civil jurisdiction. not exceeding the amount of value of five hundred dollars, and such criminal jurisdiction not extending to death or imprisonment in the penitentiary as may be prescribed by law. But the Legislative Assembly may provide for the election of two commissioners to sit with the county judge whilst transacting county business in any or all the counties, or may provide a separate board for transacting such business.

§ 13. Writs Granted by County Judge-Habeas Corpus.

The county judge may grant preliminary injunctions and such other writs as the Legislative Assembly may authorize him to grant, returnable to the circuit court, or otherwise, as may be provided by law; and may hear and decide questions arising upon habeas corpus; Provided, such decision be not against the authority or proceed ings of a court or judge of equal or higher jurisdiction.

$ 14. Expenses of Court in Certain Counties.

The counties having less than ten thousand white inhabitants shall be reimbursed, wholly or in part, for the salary and expenses of the county court, by fees, percentage. and other equitable taxation of the business done in said court, and in the office of the county clerk.

$ 15.

County Clerk, etc.-Legislature May Divide Duties of County Clerk.

A county clerk shall be elected in each county, for the term of two years, who shall keep all the public records, books and papers of the county, record conveyances, and perform the duties of clerk of the circuit and county courts, and such other duties as may be prescribed by law; but whenever the number of voters in any county shall exceed twelve hundred, the Legislative Assembly may authorize the election of one person as clerk of the circuit court, one person as the clerk of the county court, and one person recorder of conveyances.

A sheriff shall be elected in each county for the term of two years, who shall be the ministerial officer of the circuit and county courts, and shall perform such other duties as may be prescribed by law.

$ 17. Prosecuting Attorneys.

There shall be elected by districts comprised of one or more counties, a sufficient number of prosecuting attorneys, who shall be the law officers of the State, and of the counties within their respective districts, and shall perform such duties pertaining to the administration of law and general police, as the Legislative Assembly may direct. § 18. Jurors.

The Legislative Assembly shall so provide that the most competent of the permanent

tendance at the court, seven shall be chosen by lot as grand jurors, five of whom must concur to find an indictment. But the Legislative Assembly may modify or abolish grand juries.

Public officers shall not be impeached; but incompetency, corruption, malfeasance or delinquency in office may be tried in the same manner as criminal offenses, and judgment may be given of dismissal from office, and such further punishment as may have been prescribed by law.

$ 20. Removal of Judges.

The Governor may remove from office a Judge of the Supreme Court, or prosecuting attorney, upon the joint resolution of the Legislative Assembly, in which two-thirds of the members elected to each house shall concur, for incompetency, corruption, malfeasance or delinquency in office, or other sufficient cause stated in such resolution. § 21. Oath of Office.

Every Judge of the Supreme Court, before entering upon the duties of his office, shall take and subscribe, and transmit to the Secretary of State, the following oath: ''I, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a Judge of the Supreme and Circuit Courts of said State, according to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been elected.''

$ 1.

ARTICLE VIII.

Education and School Lands.

Superintendent of Public Instruction.

The Governor shall be Superintendent of Public Instruction, and his powers and duties in that capacity shall be such as may be prescribed by law; but after the term of five years from the adoption of this Constitution, it shall be competent for the Legislative Assembly to provide by law for the election of a Superintendent, to provide for his compensation, and prescribe his powers and duties.

The proceeds of all the lands which have been or hereafter may be granted to this State. for educational purposes, (excepting the lands heretofore granted to aid in the establishment of a university), all the moneys and clear proceeds of all property which may accrue to the State by escheat or forfeiture; all moneys which may be paid as exemption from military duty; the proceeds of all gifts, devises and bequests, made by any person to the State for common school purposes; the proceeds of all property granted to the State when the purposes of such grant shall not be stated; all the proceeds of the five hundred thousand acres of land to which the State is entitled by the provisions of an Act of Congress, entitled "An Act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights, approved the 4th of September, 1841," and also the five per centum of the net proceeds of the sales of the public lands, to which this State shall become entitled on her admission into the Union (if Congress shall consent to such appropriation of the two grants last mentioned) shall be set apart as a separate and irreducible fund, to be called the Common School Fund, the interest of which, together with all other revenues derived from the school land mentioned in this section, shall be exclusively applied to the support and maintenance of common schools in each school district, and the purchase of suitable libraries and apparatus therefor.

$ 3. System of Common Schools.

The Legislative Assembly shall provide by law for the establishment of a uniform and general system of common schools.

§ 4. Distribution of School Fund.

Provision shall be made by law for the distribution of the income of the common school fund among the several counties of the State, in proportion to the number of children resident therein between the ages of four and twenty years.

$ 5. Sale of School Lands.

The Governor, Secretary of State, and State Treasurer shall constitute a board of commissioners for the sale of school and university lands, and for the investment of the funds arising therefrom, and their powers and duties shall be such as may be pre