Obrázky stránek
PDF
ePub

CONSTITUTION OF THE STATE OF SOUTH DAKOTA.

Section

ARTICLE I. Name-Boundary.

1. The name of the State shall be South Dakota.

2. The boundaries.

ARTICLE II.

Division of the Powers of Government. 1. The Executive, Legislative and

Judicial.

ARTICLE III.

Legislative Department.

1. The legislative power is vested in the Legislature.

2. There shall be not less than seventy-five nor more than

one hundred and thirty-five Representatives, and the number of Senators shall not be less than twenty-five nor more than forty-five. The sessions shall be biennially.

3. To be eligible to the office of Senator. To be eligible to the office of Representative.Those who are not eligible to the Legislature.

4. Bribery and perjury debar from holding office.

5. The census shall be taken in 1895 and every ten years thereafter. 6. The term of office of members of the Legislature,-Their pay and mileage. Each regular session shall not exceed sixty days.

7. The place and time of the first meeting of the Legislature.

8. They must take the oath or affirmation.

9. Each house shall be the judge of the election and qualification of its own members.

Section

10. The Governor to issue writs of election to fill vacancies.

11. Members of the Legislature to be privileged from arrest.

12. They may not hold any civil office in the State during their term.

13. Each house shall keep a journal. 14. On all elections made by the Legislature the vote shall be viva voce.

15. The sessions of each house shall be open, except.

16. They may not adjourn for more than three days.

17. Every bill to be read three times.

18. The enacting clause of a law shall be.

19. The presiding officer of each house shall sign all bills. 20. A bill may originate in either house.

21. No law shall embrace more than one subject.

22. No act shall take effect until ninety days after the adjournment, etc.

23. Private and special laws may not be enacted in the following cases.

24. The indebtedness or liability of any corporation or individual may not be released. Lotteries illegal.

25.

26. Municipal improvements may not be interfered with by the Legislature.

27. Suits may be brought against the State.

28. Bribery shall be punished as provided by law.

Section

ARTICLE IV. Executive Department.

1. Executive power is vested in the Governor.-A LieutenantGovernor shall be elected at the same time and for the same term.

2. To be eligible for the office of either.

3. Their manner of election.-In case of tie.

4. The Governor shall be commander-in-chief of militia.

5. He shall grant pardons and reprieves.

6. When his duties shall devolve upon the Lieutenant-Governor. 7. The Lieutenant-Governor shall be president of the Senate and shall have a casting vote therein.

8. Vacancies to be filled by the Governor.

9. Every bill to be signed by the Governor.

10. He may disapprove of any item or items.

11. If he accepts a bribe.

12. Other State officers which are to be chosen by qualified electors.

13. Their powers and duties.

ARTICLE V.

Judiciary.

1. The judicial powers of the State shall be vested in a Supreme, Circuit, County Court, etc.

2. The Supreme Court.-Its juris

diction.

3. Its powers.

4. There shall be at least two terms of the same.

5. It shall consist of two judges. 6. The number of judges and districts may be increased.

7. A majority necessary to form a

quorum.

8. Their term of office shall be four years for those elected at the first election.-Afterwards it shall be six years.

Section

9. The presiding judge to be selected.

10. To be eligible to the office of judge of said court.

11. Until otherwise provided, the districts from which said judges shall be elected are as follows.

12. Other officers of the Supreme Court. Their pay and term of office.

13. The Governor shall have the authority to require opinions of judges of the Supreme Court. 14. Circuit Courts.-Their jurisdiction.

15. The State shall be divided into judicial circuits.

16. Said circuits shall be as follows. 17. The number of judicial circuits and judges may be increased. 18. Writs of error and appeal may be allowed.

19. County courts and judges.

20.

They shall be courts of record.-
Their jurisdiction.

21. They shall have jurisdiction in certain cases.

22. Justices of the peace.-Their jurisdiction.

23. Police magistrates.-Their jurisdiction.

24. The State's Attorney.-His duties and compensation.

25. To be eligible to the office of judge of Circuit and County Courts.

26. Judges of the Supreme, Circuit and County Courts. When chosen and elected.

27. The time of holding courts within the said judicial circuits and counties shall be provided by law.

28. Special terms of said courts may be held.

29. Judges of Circuit Courts may hold court in other circuits than their own.

30. The salary of judges of the Supreme, Circuit and County Courts.

Section

31. They may not act as attorneysat-law.

32. Clerk of the Circuit and County Court. His election, duties and compensation.

33. The terms of the courts to be fixed by the judges thereof until otherwise provided for by law.

34. All laws relating to courts shall be general and of unform operation.

35. No judge shall be eligible to any other than a judicial office. 36. All judges and other officers of the Supreme, Circuit and County Courts shall hold their office until their successors are qualified.

37. All officers provided for in this article shall reside in the district from which they are elected.

38. The style of all process shall be.

ARTICLE VI.

Bill of Rights.

1. All men are born equally free and have certain inherent rights.

2. No person shall be deprived of life, liberty or property without due process of law. 3. Freedom of religious worship and thought.-No sectarian institution shall be supported by the State.

4. The people have the right to assemble peacefully to consult for the common good.

5. Freedom of speech.-In trials for libel the truth may be given in evidence.

6. The right of trial by jury shall remain inviolate.

7. The rights of those accused in criminal prosecution.

8. Bail shall be accepted except for capital offenses.

9. No person put in jeopardy twice for the same offense.

10. No person shall be held for criminal offense unless on the

Section

presentment or indictment by the grand jury, etc.

11. Unreasonable searches and seizures forbidden.

12. No ex post facto law.

13. Private property shall not be taken for public use without just compensation.

14. Resident aliens shall have the same rights as citizens in regard to property.

15. No person shall be imprisoned for debt.

16. The military subordinate to the civil power.-Quartering of

soldiers.

17. Taxes to be by the consent of the people.

18. No special privileges or immunities shall be granted. 19. Elections shall be free and equal.

20. All courts shall be open and justice shall be had without denial or delay.

21. The Legislature alone may suspend the laws.

22. No person shall be attainted of treason or felony by the Legislature.

23. Excessive bail or excessive fines shall not be required nor cruel punishments inflicted.

24. The right of citizens to bear

arms.

25. Treason against the State defined.

26. All political power is inherent in the people.

27. The blessings of a free government maintained by a firm adherence to justice, moderation, temperance, frugality and vir

tue.

ARTICLE VII.
Elections and Right of Suffrage.

1. Qualifications for voting.
2. Shall the word "male" be
stricken from the article of
the Constitution relating to
election and right of suffrage.
3. All votes shall be taken by bal-
lot.

[blocks in formation]

Section

4. Moneys, credits and investments, etc., to be taxed.

5. Property exempt from taxation. 6. Other property exempt from taxation.

7. Laws exempting property from taxation other than those in sections 5 and 6 of this article, shall be void.

8. No tax shall be levied except in pursuance of law.

9. State taxes shall be paid into the State treasury.

10. The corporate authority of towns, cities and villages shall have the power to make local improvements by taxation.

11. The making of profit out of public money shall be deemed a felony.

12. A statement of receipts and expenditures of public moneys shall be published yearly.

ARTICLE XII.

Public Accounts and Expenditures.

1. No money shall be paid out of the treasury except upon appropriation.

2. Appropriation bills shall embrace nothing but appropriations.

3. Extra compensation shall not be granted to any public officer, etc.

4. An itemized statement of all receipts and expenditures of public moneys shall be published annually.

ARTICLE XIII.

Public Indebtedness.

1. Neither the State, nor any of its subdivisions, shall loan or give its credit.

2. The State may contract debts not to exceed $100,000.

3. Indebtedness of the State limited by section 2 shall be in addition to the debt of the Territory, assumed and paid by the State.

Section

4. The debt of any subdivision of the State shall never exceed five per cent upon the valuation of taxable property therein.

5. Any subdivision of the State, before incurring indebtedness, shall provide for the collection of an annual tax, etc.

6. In regard to the payment of debts and liabilities contracted by and in behalf of the Territory of Dakota, etc.

7. The State of South Dakota hereby obligates itself, etc.

8. Refunding bonds may be issued to the amount of $107,500, bearing interest at four per cent, etc.

[blocks in formation]
« PředchozíPokračovat »