USA > Kansas > Kansas; a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc. with a supplementary volume devoted to selected personal history and reminiscence, Voilume I > Part 52
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Sec. 19. New or unorganized counties shall by law be attached for judicial purposes to the most convenient judicial districts.
Sec. 20. Provision shall be made by law for the selection, by the bar, of a pro tem. judge of the district court, when the judge is absent or ctherwise unable or disqualified to sit in any case.
ARTICLE 4 .- ELECTIONS.
Section 1. All elections by the people shall be by ballot; and all elections by the legislature shall be viva voce.
Sec. 2. General elections shall be held annually, on the Tuesday suc- ceeding the first Monday in November. Township elections shall be held on the first Tuesday of April, until otherwise provided by law.
ARTICLE 5 .- SUFFRAGE.
Section I. Every white male person of twenty-one years and up- wards, 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: Ist. Citi- zens of the United States. 2d. Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization.
Sec. 2. 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.
Sec. 3. No soldier, seaman, or marine, in the army or navy of the United States, or 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.
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Sec. The legislature shall pass such laws as may be necessary for ascertaining by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established.
Sec. 5. Every person who shall give or accept a challenge to fight a duel, or who shall knowingly carry to another person such a challenge, or shall go out of the state to fight a duel, shall be ineligible to any office of trust or profit.
Sec. 6. Every person who shall have given or offered a bribe to pro- cure his election, shall be disqualified from holding office during the term for which he may have been elected.
Sec. 7. Electors, during their attendance at elections, and in going to and in returning therefrom, shall be privileged from arrest in all cases except treason, felony or breach of the peace.
ARTICLE 6 .- EDUCATION.
Seciion I. The state superintendent of public instruction shall have the general supervision of the common school funds and educational interests of the state, and perform such other duties as may be pre- scribed by law. A superintendent of public instruction shall be elected in each county, whose term of office shall be two years, and whose duties and compensation shall be prescribed by law.
Sec. 2. The legislature shall encourage the promotion of intellectual, moral, scientific and agricultural improvement, by establishing a uni- form system of common schools, and schools of a higher grade, em- bracing normal, preparatory, collegiate and university departments.
Sec. 3. The proceeds of all lands that have been or may be granted by the United States to the state for the support of schools, and the five hundred thousand acres of land granted to the new states under an act of Congress distributing the proceeds of public lands among thie several states of the Union, approved Sept. 4. 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 com- mon 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 provide. by tax or otherwise, shall be inviolably appropriated to the support of the common schools.
Sec. 4. 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 school funds.
Sec. 5. The school lands shall not be sold, unless such sale be author-
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ized by a vote of the people at a general election ; but, subject to revalu- ation every five years, they may be leased for any number of years, not exceeding twenty-five, at a rate established by law.
Sec. 6. All money which shall be paid by persons as an equivalent for exemption from military duty ; the clear proceeds of estrays, owner- ships 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.
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 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, donations or bequests, either by the state or by individuals, for such purpose, shall remain a perpetual fund, to be called the "University fund," the interest of which shall be appropriated to the support 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, secretary 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 I. Institutions for the benefit of 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 benev- olent 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.
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.
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ARTICLE 8 .- MILITIA.
Section 1. The militia shall be composed of all able-bodied male citi- zens 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.
Sec. 2. The legislature shall provide for organizing, equipping and discipling the militia in such manner as it shall deem expedient not incompatible with the laws of the United States.
Sec. 3. Officers of the militia shall be elected or appointed, and com- missioned 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 insur- rection, and to repel invasion.
ARTICLE 9 .- COUNTY AND TOWNSHIP ORGANIZATION.
Section I. The legislature shall provide for organizing new coun- ties, locating county-seats, and changing county lines; but no county- seat shall be changed without the consent of a majority of the elec- tors 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.
Sec. 2. The legislature shall provide for such county and township officers as may be necessary.
Sec. 3. 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 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 their successors are qualified.
Sec. 5. All county and township officers may be removed from office in such manner and for such cause as shall be prescribed by law.
ARTICLE 10 .- APPORTIONMENT.
Section I. 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 representatives.
Sec. 2. It shall be the duty of the first legislature to make an appor- tionment, based upon the census ordered by the last legislative assem- bly 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 pre- ceding year.
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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 follows, viz :
Ist district, Doniphan, 4 representatives, 2 senators.
2d district, Atchison and Brown, 6 representatives, 2 senators.
3d district, Nemaha, Marshall and Washington, 2 representatives, I senator.
4th district, Clay, Riley and Pottawatomie, 4 representatives, I senator. 5th district, Dickinson, Davis and Wabaunsee, 3 representatives, I senator.
6th district, Shawnee, Jackson and Jefferson, 8 representatives, 2 senators.
7th district, Leavenworth, 9 representatives, 3 senators.
8th district, Douglas, Johnson and Wyandotte, 13 representatives, 4 senators.
9th district, Lykins, Linn and Bourbon, 9 representatives, 3 senators. Ioth district, Allen, Anderson and Franklin, 6 representatives, 2 senators.
IIth district, Woodson and Madison, 2 representatives, I senator.
12th district, Coffey, Osage and Breckinridge, 6 representatives, 2 senators.
13th district, Morris, Chase and Butler, 2 representatives, I senator.
14th district, Arapahoe, Godfrey, Greenwood, Hunter, Wilson, Dorn and MeGee, I representative.
ARTICLE II .- FINANCE AND TAXATION.
Section I. The legislature shall provide for a uniform and equal rate of assessment and taxation ; but all property used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and charitable purposes, and personal property 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 em- ployed in banking shall always bear a burden of taxation equal to that imposed upon the property of individuals.
Sec. 3. The legislature shall provide, each year, for raising revenue sufficient to defray the current expenses of the state.
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
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law for some purpose specified therein, and the 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 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 dismissed, 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 pro- vided, unless the proposed law for creating such debt shall first be sub- mitted to a direct vote of the electors of the state at some general elec- tion ; 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 legis- lature 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, 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 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 I. The legislature shall pass no special act conferring cor- porate powers. Corporations may be created under general laws; but all such laws may be amended or repealed.
Sec. 2. Dues from corporations shall be secured by individual lia- bility 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 liabilities shall not apply to railroad corporations, nor corporations for religious or charitable 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 cor- poration, until full 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.
Sec. 5. Provision 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.
Sec. 6. The term corporation, as used in this article, shall include all the associations and joint-stock companies having powers and privileges not possessed by individuals or partnerships; and all corporations may sue and be sued in their corporate name.
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ARTICLE 13 .- BANKS AND CURRENCY.
Section I. No bank shall be established otherwise than under a general banking law.
Sec. 2. All banking laws shall require, as collateral security for the ยท redemption of the circulating notes of any bank organized under their provisions, a deposit with the auditor of state of 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 cir- culating 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.
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 of such bank, to such extent as will continue the security unimpaired.
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 cred- itors.
Sec. 5. The state shall not be a stockholder in any banking insti- tution.
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 five dollars.
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 general election.
Sec. 9. Any banking law may be amended or repealed.
ARTICLE 14 .- AMENDMENTS.
Section I. Propositions for the amendment of this constitution 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 news- paper is published, for three months preceding the next election for representatives, at which time the same shall be submitted to the elec- tors for their approval or rejection ; and if a majority of the electors vot- ing on said amendments, at said election, shall adopt the amendments, the same shall become a part of the constitution. When more than
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one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment sep- arately ; and not more than three propositions to amend shall be sub- mitted 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 convention to revise, amend or change this constitution, they shall recommend to the electors to vote at the next election of members of 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 ses- sion, provide for calling the same.
ARTICLE 15 .- MISCELLANEOUS.
Section I. All officers whose election or appointment is not other- wise 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 de- clared by law; when not so declared such office shall be held during the pleasure of the authority making the appointment, but the legisla- ture 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 pro- hibited.
Sec. 4. All public printing shall be let, on contract, to the lowest responsible bidder, by such executive officer and in such manner as shall be prescribed by law.
Sec. 5. An accurate and detailed statement of the receipts and ex- penditures 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, personal 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 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 incorporated 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
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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 im- provements 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.
SCHEDULE.
Section I. 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, recogni- zances, 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 territory 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 con- tinue 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.
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 government.
Sec. 7. All records, documents, books, papers, moneys and vouchers belonging and pertaining to the several territorial courts and offices and to the several district and county offices, at the date of the admission of this state into the Union, shall be disposed 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 justice's court, may be prosecuted to final judgment and execution ; and all appeals, writs 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 suits, pleas, plaints, prosecutions and other proceedings, and all papers, records, books and documents connected therewith, may be removed to the courts established by this constitution.
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Sec. 9. For the purpose of taking the vote of the electors of this terri- tory for the ratification or rejection of this constitution, an election shall be held in the several voting precincts 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. II. If a majority of all the votes cast at such election shall be in favor of the constitution, then there shall be an election held in the sev- eral voting precincts on the first Tuesday in December, A. D. 1859, for the election of members of the first legislature, of all' state, district and county officers provided for in this constitution, and for a representative in Congress.
Sec. 12. All persons having the qualifications of electors, according to the provisions of this constitution, at the date of each of said elec- tions, and who shall have been duly registered according to the pro- visions 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 the judges of the several voting precincts 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.
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