USA > Kansas > A history of Kansas > Part 22
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SEC. 6. All money which shall be paid by persons as an equiv- alent for exemption from military duty; the clear proceeds of estrays, ownership of which shall vest in the taker-up; and the proceeds of fines for any breach of the penal laws, shall be exclu- sively 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, 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, dona- tions or bequests, either by the State or by individuals, for such purpose, shall remain a perpetual fund, to be called the "univer- sity fund," the interest of which shall be appropriated to the sup- port of the State university.
SEC. 8. No religious sect or sects shall ever control any part of the common school or university funds of the State.
SEC. 9. The State Superintendent of Public Instruction, Sec- retary 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.
ARTICLE 7.
PUBLIC INSTITUTIONS.
SECTION 1. Institutions for the benefit of the insane, blind, and deaf and dumb, and such other benevolent institutions as the publie good may require, shall be fostered and supported by the State, subject to such regulations as may be prescribed by law. Trustees of such benevolent institutions as may be hereafter ereated, shall be appointed by the Governor, by and with the advice
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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.
SEC. 2. A penitentiary shall be established, 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 8.
MILITIA.
SECTION 1. The militia shall be composed of all able-bodied male citizens between the agesof twenty-one and forty-five 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 seruples of conscience may be averse to bearing arms, shall be exempted therefrom upon such conditions as may be pre- scribed by law.
SEC. 2. The legislature shall provide for organizing, equipping and disciplining the militia in such manner as it shall deem expe- dient 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.
ARTICLE 9.
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 majority of the electors of the county; nor any county organized, nor the lines of any county changed so as to include an area of less than four hundred and thirty-two square miles.
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SEC. 2. The legislature shall provide for such county and town- ship officers as may be necessary.
SEC. 3. All county officers shall hoid their offices for the terni of two years, and until their successors shall be qualified, except county commissioners, who shall hold their offices for the term of three years; provided, that at the general election in the year eighteen hundred and seventy-seven, the commissioner elected from district number one in each county shall hold his office for the term of one year; the commissioner elected from district num- ber two in each county shall hold his office for the term of two years, and the commissioner elected from district number three in each county shall hold his office for the term of three years; but no person shall hold the office of sheriff or county treasurer for more than two consecutive terms.
SEC. 4. Township officers, except justices of the peace, shall hold their offices one year from the Monday next succeeding their election, and until their successors are qualified.
SEC. 5. All county and township officers may be removed from office, in such manner and for such canse as shall be prescribed by law.
ARTICLE 10.
APPORTIONMENT.
SECTION 1. In the future apportionments of the State, each organized county shall have at least one representative; and each county shall be divided into as many districts as it has representa- tives.
SEC. 2. It shall be the duty of the first legislature to make an apportionment, based upon the census ordered by the last legis- lative assembly of the Territory; and a new apportionment shall be made in the year 1866, and every five years thereafter, based upon the census of the preceding year.
SEC. 3. Until there shall be a new apportionment, the State shall be divided into election districts; and the representatives and senators shall be apportioned among the several districts as fol- lows, viz:
1st district, Doniphan, 4 representatives, 2 senators;
2d district, Atchison and Brown, 6 representatives, 2 senators;
3d district, Nemaha, Marshall and Washington, 2 representa- tives, 1 senator;
4th district, Clay, Riley and Pottawatomie, 4 representatives, 1 senator;
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5th district, Dickinson, Davis and Wabaunsee, 3 representa- tives, 1 senator;
6th district, Shawnee, Jackson and Jefferson, 8 representatives. 2 senators;
7th district, Leavenworth, 9 representatives, 3 senators;
Sth district, Douglas, Johnson and Wyandotte, 13 representa- tives, 4 senators;
9th district, Lykins, Linn and Bourbon, 9 representatives, 3 senators;
10th district, Allen, Anderson and Franklin, 6 representatives, 2 senators;
11th district, Woodson and Madison, 2 representatives, 1 senator;
12th district, Coffey, Osage and Breckinridge, 6 representa- tives, 2 senators;
13th district, Morris, Chase and Butler, 2 representatives, 1 senator;
14th district, Arapahoe, Godfrey, Greenwood, Hunter, Wilson, Dorn and McGee, I representative.
[Names of counties have been changed as follows: Davis to Geary; Lykins to Miami; Madison was abolished in 1861; Breckinridge changed to Lyon; Arapahoe was cut off and extinguished as a Kansas county on the admission of the State; Godfrey changed to Seward, then to Howard, and Howard was abolished and its territory erected into Chantauqua and Elk; Hunter was changed to Cowley; Dorn to Neosho, and McGee to Cher- okee.]
ARTICLE 11.
FINANCE AND TAXATION.
SECTION 1. The legislature shall provide for a uniform and equal rate of assessment and taxation; but all property used exclu- sively for State, county, municipal, literary, educational, scientific, religious, benevolent and charitable purposes, and personal prop- erty to the amount of at least two hundred dollars for each family, shall be exempted from taxation.
SEC. 2. The legislature shall provide for taxing the notes and bills discounted or purchased, moneys loaned, and other property, effects, or dues of every description (without deduction), of all banks now existing, or hereafter to be created, and of all bankers; so that all property employed in banking shall always bear a bur- den of taxation equal to that imposed upon the property of indi- viduals.
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SEC. 3. The legislature shall provide, at each regular session, for raising sufficient revenue to defray the current expenses of the State for two years.
SEC. 4. No tax shall be levied except in pursuance of a law .
which shall distinctly state the object of the same, to which object . only such tax shall be applied.
SEC. 5. For the purpose of defraying extraordinary expenses and making public improvements, the State may contract public debts; but such debts shall never, in the aggregate, exceed one million dollars, except as hereinafter provided. Every such debt shall be authorized by law for some purpose specified therein, and the vote of a majority of all the members elected to each honse, to be taken by the yeas and nays, shall be necessary to the passage of such law; and every such law shall provide for levying an ammal tax sufficient to pay the annual interest of such debt, and the principal thereof, when it shall become due; and shall spe- cifically appropriate the proceeds of such taxes to the payment of such principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished, until the interest and principal of such debt shall have been wholly paid.
SEC. 6. No debt shall be contracted by the State except as herein provided, unless the proposed law for creating such debt shall first be submitted to a direct vote of the electors of the State at some general election; and if such proposed law shall be ratified by a majority of all the votes cast at such general election, then it shall be the duty of the legislature, next after such election, to enact such law and create such debt, subject to all the provisions and restrictions provided in the preceding sections of this article.
SEC. 7. The State may borrow money to repel invasion, sup- press insurrection, or defend the State in time of war; but the money thus raised shall be applied exclusively to the object for which the loan was authorized, or to the repayment of the debt thereby created.
SEC. 8. The State shall never be a party in carrying on any works of internal improvement.
ARTICLE 12.
CORPORATIONS.
SECTION 1. The legislature shall pass no special act conferring corporate powers. Corporations may be created under general laws; but all such laws may be amended or repealed.
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SEC. 2. Dues from corporations shall be secured by individual liability of the stockholders to an additional amount equal to the stock owned by each stockholder, and such other means as shall be provided by law; but such individual liabilities shall not apply to railroad corporations, nor corporations for religious or chari- table purposes.
SEC. 3. The title to all property of religious corporations shall vest in trustees, whose election shall be by the members of such corporations.
SEC. 4. No right-of-way shall be appropriated to the use of any corporation, until full compensation therefor be first made in money, or secured by a deposit in money, to the owner, irrespec- tive of any benefit from any improvement proposed by such corporation.
SEC. 5. Provision shall be made by general law for the organ- ization of cities, towns, and villages; and their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, shall be so restricted as to prevent the abuse of such power.
SEC. 6. The term corporations, as used in this article, shall include all the associations and joint stock companies having powers and privileges not possessed by individuals or partner- ships; and all corporations may sue and be sued in their corporate name.
ARTICLE 13.
BANKS AND CURRENCY.
SECTION 1. No bank shall be established otherwise than under a general banking law.
SEC. 2. All banking laws shall require as collateral security for the redemption of the circulating notes of any bank organized under their provision, a deposit with the Auditor of State of the interest-paying bonds of the several States, or of the United States, at the cash rates of the New York Stock Exchange, to an amount equal to the amount of circulating notes which such bank shall be anthorized to issue, and a cash deposit in its vaults of ten per cent of such amount of circulating notes; and the Auditor shall register and countersign no more circulating bills of any bank than the cash value of such bonds when deposited.
SEC. 3. Whenever the bonds pledged as collateral security for the circulation of any bank shall depreciate in value, the Auditor of State shall require additional security, or curtail the circulation
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of such bank, to such extent as will continue the security unin- paired.
SEC. 4. All circulating notes shall be redeemable in the money of the United States. Holders of such notes shall be entitled, in case of the insolvency of such banks, to preference of payment over all other creditors.
SEC. 5. The State shall not be a stockholder in any banking institution.
SEC. 6. All banks shall be required to keep offices and officers for the issue and redemption of their circulation, at a convenient place within the State, to be named on the circulating notes issued by such bank.
SEC. 7. No banking institution shall issue circulating notes of a less denomination than one dollar.
SEC. 8. No banking law shall be in force until the same shall have been submitted to a vote of the electors of the State at some general election, and approved by a majority of all the votes cast at such election.
SEC. 9. Any banking law may be amended or repealed.
ARTICLE 14.
AMENDMENTS.
SECTION 1. Propositions for the amendment of this Constitui- tion may be made by either branch of the legislature; and if two-thirds of all the members elected to each house shall concur therein, such proposed amendments, together with the yeas and nays, shall be entered on the journal; and the Secretary of State shall cause the same to be published in at least one newspaper in each county of the State where a newspaper is published, for three months preceding the next election for representatives, at which time the same shall be submitted to the electors for their approval or rejection; and if a majority of the electors voting on said amendments, at said election, shall adopt the amendments, the same shall become a part of the Constitution. When more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately; and not more than three propositions to amend shall be submitted at the same election.
SEC. 2. Whenever two-thirds of the members elected to each branch of the legislature shall think it necessary to call a conven-
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tion to revise, amend or change this Constitution, they shall recommend to the electors to vote at the next election of members to the legislature, for or against a convention; and if a majority of all the electors voting at such election shall have voted for a convention, the legislature shall, at the next session, provide for calling the same.
ARTICLE 15.
MISCELLANEOUS.
SECTION 1. All officers whose election or appointment is not otherwise provided for, shall be chosen or appointed as may be prescribed by law.
SEC. 2. The tenure of any office not herein provided for may be declared by law; when not so declared such office shall be held during the pleasure of the authority making the appointment, but the legislature shall not create any office the tenure of which shall be longer than four years.
SEC. 3. Lotteries and the sale of lottery tickets are forever prohibited.
SEC. 4. All public printing shall be done by a State Printer, who shall be elected by the legislature in joint session, and shall hold his office for two years, and until his successor shall be elected and qualified. The joint session of the legislature for the election of a State Printer shall be on the third Tuesday of Janu- ary, A. D., 1869, and every two years thereafter. All public printing shall be done at the capital, and the prices for the same shall be regulated by law.
SEC. 5. An accurate and detailed statement of the receipts and expenditures of the public moneys, and the several amounts paid, to whom, and on what account, shall be published, as prescribed by law.
SEC. 6. The legislature shall provide for the protection of the rights of women in acquiring and possessing property, real, per- sonal and mixed, separate and apart from the husband; and shall also provide for their equal rights in the possession of their children.
SEC. 7. The legislature may reduce the salaries of officers who shall neglect the performance of any legal duty.
SEC. 8. The temporary seat of Government is hereby located at the city of Topeka, county of Shawnee. The first legislature under this Constitution shall provide by law for submitting the question of the permanent location of the capital to a popular
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vote, and a majority of all the votes cast at some general election shall be necessary for such location.
SEC. 9. A homestead, to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incor- porated town or city, occupied as a residence by the family of the owner, together with all improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon; provided, the provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife.
SEC. 10. The manufacture and sale of intoxicating liquors shall be forever prohibited in this State, except for medical, scientific and mechanical purposes.
SCHEDULE.
SECTION 1. That no inconvenience may arise from the change from a Territorial Government to a permanent State Government, it is declared by this Constitution, that all suits, rights, actions, prosecutions, recognizances, contracts, judgments and claims, both as respects individuals and bodies corporate, shall continue as if no change had taken place.
SEC. 2. All fines, penalties and forfeitures, owing to the Terri- tory of Kansas, or any county, shall inure to the use of the State or county. All bonds executed to the Territory, or any officer thereof in his official capacity, shall pass over to the Governor, or other officers of the State or county, and their successors in office, for the use of the State or county, or by him or them to be respectively assigned over to the use of those concerned, as the case may be.
SEC. 3. The Governor, Secretary and judges, and all other officers, both civil and military, under the Territorial Government, shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this Constitution.
SEC. 4. All laws and parts of laws in force in the Territory at the time of the acceptance of this Constitution by Congress, not inconsistent with this Constitution, shall continue and remain in full force until they expire, or shall be repealed.
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SEC. 5. The Governor shall use his private seal until a State seal is provided.
SEC. 6. The Governor, Secretary of State, Auditor of State, Treasurer of State, Attorney-General and Superintendent of Public Instruction shall keep their respective offices at the seat of ยท Government.
SEC. 7. All records, documents, books, papers, moneys and vouchers belonging and pertaining to the several Territorial courts and offiees, and to the several district and county offices, at the date of the admission of this State into the Union, shall be dis- posed of in such manner as may be prescribed by law.
SEC. 8. All suits, pleas, plaints and other proceedings pending in any court of record, or justices' conrt, may be prosecuted to final judgment and execution; and all appeals, writ of error, certiorari injunctions, or other proceedings whatever, may progress and be carried on as if this Constitution had not been adopted, and the legislature shall direct the mode in which such suits, pleas, plaints, proseentions and other proceedings, and all papers, records, books and documents connected therewith, may be removed to the courts established by this Constitution.
SEC. 9. For the purpose of taking the vote of the electors of this Territory for the ratification or rejection of this Constitution, an election shall be held in the several voting precinets in this Territory, on the first Tuesday in October, A. D., 1859.
SEC. 10. Each elector shall express his assent or dissent by voting a written or printed ballot labeled "For the Constitution," or "Against the Constitution."
SEC. 11. If a majority of all the votes cast at such election shall be in favor of the Constitution, then there shall be an elec- tion held in the several voting precinets on the first Tuesday in December, A. D., 1859, for the election of members of the first legislature, of all State, distriet and county officers provided for in this Constitution, and for a representative in congress.
SEC. 12. All persons having the qualification of electors, accord- ing to the provisions of this Constitution, at the date of each of said elections, and who shall have been duly registered according to the provisions of the registry law of this Territory, and none others, shall be entitled to vote at each of said elections.
SEC. 13. The persons who may be judges of the several voting precinets of this Territory at the date of the respective elections in this schedule provided for, shall be the judges of the respective elections herein provided for.
SEC. 14. The said judges of election, before entering upon the duties of their office, shall take and subscribe an oath faithfully to
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discharge their duties as such. They shall appoint two clerks of election, who shall be sworn by one of said judges faithfully to discharge their duties as such. In the event of a vacancy in the board of judges the same shall be filled by the electors present.
SEC. 15. At each of the elections provided for in this schedule the polls shall be open between the hours of nine and ten o'clock, A. M., and close at sunset.
SEC. 16. The tribunals transacting county business of the sev- eral counties, shall cause to be furnished to the boards of judges in their respective counties two poll books for each election here- inbefore provided for, upon which the clerks shall inscribe the name of every person who may vote at the said elections.
SEC. 17. After closing the polls at each of the elections provided for in this schedule, the judges shall proceed to count the votes cast, and designate the persons or objects for which they were cast, and shall make two correct tally lists of the same.
SEC. 18. Each of the boards of judges shall safely keep one poll book and tally list, and the ballots cast at each election; and shall, within ten days after such election, cause the other poll book and tally list to be transmitted, by the hands of a sworn officer, to the clerk of the board transacting county business in their respect- ive counties, or to which the county may be attached for municipal purposes.
SEC. 19. The tribunals transacting county business shall assemble at the county seats of their respective counties on the second Tuesday after each of the elections provided for in this schedule, and shall canvass the votes cast at the elections held in the several precincts in their respective counties, and of the coun- ties attached for municipal purposes. They shall hold in safe keeping the poll books and tally lists of said elections, and shall, within ten days thereafter, transmit, by the hands of a sworn officer, to the President of this convention, at the city of Topeka, a certified transcript of the same, showing the number of votes cast for each person or object voted for at each of the several precincts in their respective counties, and in the counties attached for municipal purposes, separately.
SEC. 20. The Governor of the Territory, and the President and Secretary of the convention shall constitute a board of State can- vassers, any two of whom shall be a quorum; and who shall, on the fourth Monday after each of the elections provided for in this schedule, assemble at said city of Topeka, and proceed to open and canvass the votes cast at the several precincts in the different counties of the Territory, and declare the result; and shall imme- diately issue certificates of election to all persons (if any) thus elected.
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SEC. 21. Said board of State canvassers shall issue their pro- clamation not less than twenty days next preceding each of the elections provided for in this schedule. Said proclamation shall contain an announcement of the several elections, the qualifica- tions of electors, the manner of condneting said elections and of making the returns thereof, as in this Constitution provided, and shall publish said proclamation in one newspaper in each of the counties of the Territory in which a newspaper may be then published.
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