USA > Kansas > Doniphan County > Doniphan County, Kansas, history and directory for 1868-9 > Part 5
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II .- The Supreme Court shall consist of one Chief Justice and two Associate Justices (a majority of whom shall constitute a quorum), who shall be elected by the electors of the State at large, and whose terin of office, after the first, shall be six years.
At the first election a Chief Justice shall be chosen for six years, one Associate Justice for four years, and one for two years.
III .- The Supreme Court shall have original jurisdiction in proceed- ings in quo warranto, mandamus, and habeas corpus, and such appellate jurisdiction as may be provided by law. It shall hold one term each year at the seat of Government, and such other terms at such other places as may be provided by law, and its jurisdiction shall be co-extensive with the State.
IV .- There shall be appointed by the Justices of the Supreme Court a reporter and clerk of said Court, who shall hold their offices two years, and whose duties shall be prescribed by law.
V .- The State shall be divided into five Judicial Districts, in each of which there shall be elected by the electors thereof a District Judge, who
J. B. MCCLEERY & CO., Wholesale and Retail Dealers in Books, Stationery, &c., 103 Felix Street, St. Joseph, Mo.
20 HISTORY AND DIRECTORY OF
shall hold his office for the term of four years. District Courts shall be held at snch times and places as may be provided by law.
VI .- The District Courts shall have such jurisdiction in their respective districts as may be provided by law.
VII .- There shall be elected in each organized county a Clerk of the District Court, who shall hold his office two years, and whose duties shall be prescribed by law.
VIII .- There shall be a Probate Court in each county, which shall be a Court of Record, and have such probate jurisdiction and care of estates of deceased persons of unsound minds as may be prescribed by law, and shall have jurisdiction in cases of habeas corpus. This Court shall consist of one Judge, who shall be elected by the qualified voters of the county and hold his office two years. He shall be his own clerk and shall hold Court at such times, and receive for compensation such fees, as may be prescribed by law.
IX .- The Justices of the Peace shall be elected in each township, whose term of office shall be two years, and whose powers and duties shall be prescribed by law. The Justices of the Peace may be increased in any township by law.
X .- All appeals from Probate Courts and Justices of the Peace shall be to the District Court.
XI .- All the judicial officers provided for in this article shall be elected at the first election under this Constitution, and shall reside in their respective townships, counties, or districts during their respective terms of office. In case of vacancy in any judicial office it shall be filled by appointment of the Governor until the next regular election that shall occur more than thirty days after such vacancy shall have happened.
XII .- All judicial officers shall hold their offices until their successors shall have been qualified.
XIII .- The Justices of the Supreme Court and Judges of the District 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 compensations 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 or 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.
XIV .- Provisions may be made by law for the increase of the num- ber of judicial districts whenever two-thirds of the members of each House shall concur. Such districts shall be formed of compact territory,
SAM S. McGIBBONS & CO., Dealers in Boots and Shoes, Mar- ket Square, St. Joseph, Missouri. Sign of the Elephant.
21
COUNTY, KANSAS.
DONIPHAN
Dr. J. H. SAWYER,
SURGEO
IENTIST,
OFFICE IN PARKER'S BLOCK,
COMMERCIAL STREET, ATCHISON,
KANSAS.
LADIES WAITED ON
CHILDREN'S TEETH
AT THEIR RESIDENCE
CAREFULLY
IF INDISPOSED.
ATTENDED TO.
Teeth inserted from one to a full set in the latest improvements of the art.
All Work Warranted.
and bounded by county lines, and such increase shall not vacate the office of any judge.
XV .- 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.
XVI .- The several justices and judges of the Courts of Record in this State shall have such jurisdictional chambers as may be provided by law.
XVII .- The style of all process shall be "The State of Kansas," and all prosecutions shall be carried on in the name of the State.
XVIII .- Until otherwise provided by law, the first district shall con- sist of the counties of Wyandotte, Leavenworth, Jefferson, and Jackson. The second district shall consist of the counties of Atchison, Doniphan, Brown, Nemaha, Marshall, and Washington. The third district shall con- sist of the counties of Pottawatomie, Riley, Clay, Dickinson, Davis, Wa- baunsee, and Shawnee. The fourth district shall consist of the counties of Douglas, Johnson, Lykins, Franklin, Anderson, Linn, Bourbon, and Allen. The fifth district shall consist of the counties of Osage, Coffee,
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USE ELFRED'S BAKING POWDER. HISTORY AND DIRECTORY 0 F
Woodson, Greenwood, Madison, Breckinridge, Morris, Chase, Butler, and Hunter.
XIX .- New or unorganized counties shall by law be attached for judicial purposes to the most convenient judicial distriets.
XX .- Provisions shall be made by law for the selection by the bar of a pro tempore judge of the District Court when the judge is absent or otherwise unable or disqualified to sit in any case.
ARTICLE FOURTH.
ELECTIONS.
SEC. I .- All elections by the people shall be by ballot, and all elec- tions, by the Legislature shall be viva voce.
II .- General elections shall be held annually on the Tuesday succeed- ing the first Monday in November. Township elections shall be held on the first Tuesday of April until otherwise provided by law.
ARTICLE FIFTHI.
SUFFRAGE.
SEC. I .- Every white male person of twenty-one years and upward, 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 :
1st. Citizens of the United States.
2d. Persons of foreign birth who shall have declared their intention to become citizens, conformable to the laws of the United States on the subject of naturalization.
II .- No person under guardianship, non compos mentis, or insane, shall be qualified to vote, nor any person convicted of treason or felony, unless restored to civil rights.
III .- 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 resi- dence in the State in consequence of being stationed within the same ; nor shall any soldier, seaman, or marine have the right to vote.
IV .- The Legislature shall pass such laws as may be necessary for as- certaining by proper proofs the citizens who shall be entitled to the right of suffrage hereby established.
V .- Every person who shall give or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or
W. T. STONE, Dealer in Boots and Shoes, S Second Street, St. Joseph, Missouri.
23
DONIPHAN COUNTY, KANSAS.
NEW
FURNITURE STORE.
FRICK & BANSHBACH,
Manufacturers of, and Dealers in, all kinds of
FURNITURE
No. 65 Edmond Street, Bet. Third and Fourth Streets,
.
ST. JOSEPH, MO.
shall go out of the State to fight a duel, shall be ineligible to any office of trust or profit.
VI .- 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.
VII .- 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.
ARTICLE SIXTH.
EDUCATION.
SEC. I .- The State Superintendent of Public Instruction shall hav the general supervision of the Common School fund and educational inter ests of the State, and perform such other duties as may be prescribed by law. A Superintendent of Public Instruction shall be elected in each county, whose term of office shall be two years, and whose duty and com- pensation shall be prescribed by law.
II .- The Legislature shall encourage the promotion of intellectual, Buy Boots and Shoes of W. T. STONE, No. S Second Street, St. Joseph, Missouri.
Empire Sewing Machine, WELLS & RICHMOND, Gen'l Western Agents, Principal Office, cor. 2d and Francis Streets, St. Joseplı, Missouri.
24
HISTORY AND DIRECTORY OF
moral, scientific, and agricultural improvement, by establishing a uniform system of Common Schools and schools of higher grade, embracing normal, preparatory, Collegiate, and University departments.
III .- The proceeds of all lands that have been or may be granted by the United States to the State for the support of the Schools, and the five hundred thousand acres of land granted to the new State under an act of Congress distributing the proceeds of public lands among the several States of the Union, approved September 4th, 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 pro- vide by tax or otherwise, shall be inviolably appropriated to the support of Common Schools.
IV .- The income of the State school funds shall be disbursed 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.
V .- The school lands shall not be sold unless such sale shall be authorized by a vote of the people at a general election ; but, subject to a revaluation every five years, they may be leased for any number of years, not exceeding twenty-five, at a rate established by law.
VI .- All money which shall be paid by persons as an equivalent 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 exclusively applied in the several counties in which the money is paid or fines collected to the support of common schools.
VII .- Provision shall be made by law for the establishment of some eligible and central point of a State University for the promotion of litera- ture and the arts and sciences, including a normal and an agricultural department. All funds arising from the sales 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 a purpose, shall remain a permanent fund, to be called " The University fund," the interest of which shall be appropriated to the support of the State University.
VIII .- No religious sect or sects shall ever control any part of the Common School or University funds of the State.
IX .- The State Superintendent of Public Instruction, Secretary of
25
DONIPHAN COUNTY, KANSAS.
J. WELSH, M. D., Physician, Surgeon, and Obstetrician, DONIPHAN - KANSAS.
Particular attention given to Diseases of Women and Children.
· 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 quornm.
ARTICLE SEVENTII.
PUBLIC INSTITUTIONS.
SEC. I .- Institutions for the insane, blind, and deaf and dumb, and such other benevolent institutions as the public 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 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.
II .- A penitentiary shall be established; the directors of which shall be appointed or elected as prescribed by law.
III .- 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.
IV .- 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 EIGHTHI.
MILITIA.
SEC. I .- The Militia shall be composed of all able-bodied white male citizens, between the ages of 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 scruples of conscience may be averse to bearing arms, shall be exempted therefrom upon such conditions as may be prescribed by law.
II .- The Legislature shall provide for organizing, equipping, and dis-
-
26
USE ELFRED'S BAKING POWDER.
HISTORY AND DIRECTORY OF
ciplining the Militia, in such manner as it shall deem expedient, not incom- patible with the laws of the United States.
III .- Officers of the Militia shall be elected or appointed, and com- missioned in such manner as may be provided by law.
IV .- 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 NINTH.
COUNTY AND TOWNSHIP ORGANIZATION.
SEC. I .- 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 clectors of the county ; nor any county organized, nor the lines of any changed so as to include an area of less than four hundred and thirty-two square miles.
II .- The Legislature shall provide for such county and township officers as may be necessary.
III .- All county officers shall hold their offices for the term of two years, and until their successors shall be qualified ; but no person shall hold the office of Sheriff or County Treasurer for more than two consecu- tive terms.
IV .-- 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.
V .- All county and township officers may be removed from office in such manner and for such cause as shall be prescribed by law.
ARTICLE TENTII.
APPORTIONMENT.
SEC. I .- In the future apportionment 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 representatives.
II .- It shall be the duty of the first Legislature to make an apportion- ment based upon the census ordered by the last Legislative 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.
ARTICLE ELEVENTH.
FINANCE AND TAXATION.
SEC. I .- The Legislature shall provide for a uniform and equal Buy Boots and Shoes of W. T. STONE, No. S Second Street, St. Joseph, Missouri.
27
DONIPHAN COUNTY, KANSAS.
JACOB IIAUCK.
GEO. M. HAUCK.
HAUCK & BRO., Excelsior Flouring Mills, Cor. SECOND & FRANKLIN Sts.,
ST. JOSEPH, Mo.
The highest price in cash paid for all kinds of Milling Grain. Best brands Flour and Meal always on hand.
rate of assessment and taxation; but all property used exclusively for State, county, municipal, literary, educational, scientific, religious, benev- olent, and charitable purposes, and personal property to the amount of at least two hundred dollars for each family, shall be exempted from tax- ation.
II .- The Legislature shall provide for taxing the notes and bills dis- counted 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 burden of taxation equal to that imposed upon the property of individuals.
III .- The Legislature shall provide each year for raising revenue sufficient to defray the current expenses of the State.
IV .- 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.
V .- 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 herein- after provided. Every such debt shall be authorized by law for some purpose specified therein, and a vote of a majority of all the members elected to each House, 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 annual tax sufficient to pay the annual interest of such debt, and the principal thereof when it shall become due, and shall specifically appro- priate the proceeds of such taxes to the payment of such principal and interest ; and such appropriation shall not be repealed nor the taxes post- poned or diminished until the principal and interest of such debt shall have been wholly paid.
VI .- 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
W. T. STONE, Dealer in Boots and Shoes, S Second Street, St. Joseph, Missouri.
Every Housekeeper uses ELFRED'S BAKING POWDER.
28
HISTORY AND DIRECTORY OF
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 section of this article.
VII .- The State may borrow money to repel invasion, suppress insurrection, or defend the State in time of war; but the money thus raised shall be applied exclusively to the object for which the law was authorized, or to the repayment of the debt thereby created.
VIII .- The State shall never be a party in carrying on any works of internal improvement.
ARTICLE TWELFTH.
CORPORATIONS.
SEC. I .- The Legislature shall pass no special act confirming corporate powers. Corporations may be created under general laws, but all such laws may be amended or repealed.
II .- 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 charitable purposes.
III .- The title to all property of religious corporations shall vest in trustees, whose election shall be by the members of such corporations.
IV .- No right of way shall be appropriated to the use of any corpo- ration until the compensation therefor be first made in money or secured by a deposit of money to the owner, irrespective of any benefit from any improvement proposed by such corporation.
V .- Provisions shall be made by general law for the organization 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.
VI .- The term corporation, as used in this article, shall include all associations and joint-stock companies having powers and privileges not possessed by individuals and partnerships ; and all corporations may sue and be sned in their corporate name.
ARTICLE THIRTEENTHI.
BANKS AND CURRENCY.
SEc. I .- No bank sball be established otherwise than under a general banking law.
29
DONIPHAN COUNTY, KANSAS.
DR. W. H. BROWN,
PHYSI AND SURGEON,
OFFICE AT RESIDENCE,
TROY, KANSAS.
II .- All banking laws shall require, as collateral security for the redemption of the circulating notes of any bank organized under their provisions, 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 authorized 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.
III .- 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 of such bank to such extent as will continue the security unimpaired.
IV .- 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.
V .- The State shall not be a stockholder in any banking institution.
VI .- 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.
VII .-- No banking institution shall issue circulating notes of a less denomination than five dollars.
VIII .- 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.
IX .- Any banking law may be amended or repealed.
ARTICLE FOURTEENTH.
AMENDMENTS.
SEC. I .- Propositions for the amendment of this Constitution may be
30
Empire Sewing Machine, WELLS & RICHMOND, Gen'l Western Agents, Principal Office, cor. 2d and Francis Streets, St. Joseph, Missouri.
HISTORY AND DIRECTORY 0 F
made by either branch of the Legislature, and if two-thirds of all the members elected to each House shall concur therein, such proposed amend- ments, together with the yeas and nays, shall be entered on the journal; and the Secretary of State shall canse the same to be published in at least one newspaper in each county of the State where a newspaper is pub- lished, for three months preceding the next election for representatives, at which time the same shall be submitted to the electors for their ap- proval or rejection ; and if a majority of the electors voting on said amendments at said «lection 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.
II .- Whenever two-thirds of the members elected to each branch of the Legislature shall think it necessary to call a Convention 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 FIFTEENTII.
MISCELLANEOUS.
SEC. I .- All officers whose election or appointment is not otherwise provided for, shall be chosen or appointed as may be prescribed by law.
II .- 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.
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