USA > Kentucky > A history of Kentucky and Kentuckians; the leaders and representative men in commerce, industry and modern activities, Volume I > Part 69
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Section 100. No person shall be eligible to the
offices mentioned in sections ninety-seven and ninety- nine who is not at the time of his election twenty- four years of age (except Clerks of County and Circuit Courts, who shall be twenty-one years of age), a citizen of Kentucky, and who has not re- sided in the State two years, and one year next pre- ceding his election in the county and district in which he is a candidate. No person shall be eligible to the office of Commonwealth's Attorney unless he shall have been a licensed practicing lawyer four years. No person shall be eligible to the office of County Attorney unless he shall have been a licensed prac- ticing lawyer two years. No person shall be eligible to the office of Clerk unless he shall have procured from a Judge of the Court of Appeals, or a Judge of a Circuit Court, a certificate that he has been examined by the Clerk of his Court under his super- vision, and that he is qualified for the office for which he is a candidate.
Section 101. Constables shall possess the same qualifications as Sheriffs, and their jurisdiction shall be co-extensive with the counties in which they re- side. Constables now in office shall continue in office until their successors are elected and qualified.
Section 102. When a new county shall be cre- ated, officers for the same, to serve until the next regular election, shall be elected or appointed in such way and at such times as the General Assembly may prescribe.
Section 103. The Judges of County Courts, Clerks, Sheriffs, Surveyors, Coroners, Jailers, Con- stables, and such other officers as the General Assem- bly may, from time to time, require, shall, before they enter upon the duties of their respective offices, and as offen thereafter as may be deemed proper, give such bond and security as may be prescribed by law.
Section 104. The General Assembly may abolish the office of Assessor and provide that the assess- ment of property shall be made by other officers; but it shall have power to re-establish the office of Assessor and prescribe his duties. No person shall be eligible to the office of Assessor two consecutive terms.
Section 105. The General Assembly may, at any time, consolidate the offices of Jailer and Sheriff in any county or counties, as it shall deem most ex- pedient ; but in the event such consolidation be made, the office of Sheriff shall be retained, and the Sheriff shall be required to perform the duties of Jailer.
Section 106. The fees of county officers shall be regulated by law. In counties or cities having a pop- ulation of seventy-five thousand or more, the Clerks of the respective courts thereof (except the Clerk of the City Court), the Marshals, the Sheriffs and the
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Jailers, shall be paid out of the State Treasury, by salary to be fixed by law, the salaries of said officers and of their deputies and necessary office expenses not to exceed seventy-five per centum of the fees collected by said officers, respectively, and paid into the Treasury.
Section 107. The General Assembly may provide for the election or appointment, for a term not ex- ceeding four years, of such other county or district ministerial and executive officers as may, from time to time, be necessary.
Section 108. The General Assembly may, at any time after the expiration of six years from the adop- tion of this Constitution, abolish the office of Com- monwealth's Attorney, to take effect upon the ex- piration of the terms of the incumbents, in which event the duties of said office shall be discharged by the County Attorneys.
THE JUDICIAL DEPARTMENT.
Section 109. The judicial power of the Common- wealth, both as to matters of law and equity, shall be vested in the Senate when sitting as a court of impeachment, and one Supreme Court (to be styled the Court of Appeals) and the courts established by this Constitution.
COURT OF APPEALS.
Section IIO. The Court of Appeals shall have appellate jurisdiction only, which shall be co-exten- sive with the State, under such restrictions and regu- lations not repugnant to this Constitution, as may from time to time be prescribed by law. Said court shall have power to issue such writs as may be necessary to give it a general control of inferior jurisdictions.
Section III. The Court of Appeals shall be held at the seat of government; but if that shall become dangerous, in case of war, insurrection or pestilence, it may adjourn to meet and transact its business at such other place in the State as it may deem expe- dient for the time being.
Section 112. The Judges of the Court of Appeals shall severally hold their offices for the term of eight years, commencing on the first Monday in January next succeeding their respective elections, and until their several successors are qualified, subject to the conditions hereinafter prescribed. For any reason- able cause the Governor shall remove them, or any one or more of them, on the address of two-thirds of each House of the General Assembly. The cause or causes for which said removal shall be required shall be stated at length in such address and in the journal of each House. They shall at stated times
receive for their services an adequate compensation, to be fixed by law.
Section 113. The Court of Appeals shall, after eighteen hundred and ninety-four, consist of not less than five nor more than seven Judges. They shall, severally, by virtue of their office. be conservators of the peace throughout the State, and shall be com- missioned by the Governor.
Section 114. No person shall be eligible to elec- tion as a Judge of the Court of Appeals who is not a citizen of Kentucky and has not resided in this State five years and in the district in which he is elected two years next preceding his election, and who is less than thirty-five years of age, and has not been a practicing lawyer eight years, or whose services upon the bench of a Circuit Court or court of similar jurisdiction, when added to the time he may have practiced law, shall not be equal to eight years.
Section 115. The present Judges of the Court of Appeals shall hold their offices until their respective terms expire, and until their several successors shall be qualified; and at the regular election next pre- ceding the expiration of the term of each of the present Judges, his successor shall be elected. The General Assembly shall, before the regular election in eighteen hundred and ninety-four. provide for the election of such Judges of the Court of Appeals, not less than five nor excceding seven, as may be necessary; and if less than seven Judges be pro- vided for, the General Assembly may, at any time, increase the number to seven.
Section 116. The Judges of the Court of Appeals shall be elected by districts. The General Assembly shall, before the regular election in eighteen hun- dred and ninety-four, divide the State, by counties, into as many districts, as nearly equal in population and as compact in form as possible, as it may pro- vide shall be the number of Judges of the Court of Appeals; and it may, every ten years thereafter, or when the number of Judges requires it, redistrict the State in like manner. Upon the creation of new or additional districts, the General Assembly shall designate the year in which the first election for a Judge of the Court of Appeals shall be held in each district, so that not more than the number of Judges provided for shall be elected, and that no Judge may be deprived of his office until the expiration of the term for which he was elected.
Section 117. A majority of the Judges of the Court of Appeals shall constitute a quorum for the transaction of business, but in the event as many as two decline, on account of interest or for other rea- son, to preside in the trial of any cause, the Gover- nor, on that fact being certified to him by the Chief
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Justice, shall appoint to try the particular cause a sufficient number of Judges to constitute a full Court. The Judges so appointed shall possess the qualifications prescribed for Judges of the Court of Appeals, and receive the same compensation propor- tioned to the length of service.
Section 118. The Judge longest in commission as Judge of the Court of Appeals shall be Chief Jus- tice, and if the term of service of two or more Judges be the same, they shall determine by lot which of their number shall be Chief Justice. The Court shall prescribe by rule that petitions for re- hearing shall be considered by a Judge who did not deliver the opinion in the case: and the Court, if composed of seven Judges, shall divide itself into sections for the transaction of business, if. in the judgment of the Court, such arrangement is neces- sary.
Section 119. The Superior Court shall continue until the terms of the present Judges of said Court expire, and upon the expiration of their terms, all causes pending before the Superior Court shall be transferred to the Court of Appeals and be deter- mined by it.
Section 120. The present Clerk of the Court of Appeals shall serve until the expiration of the term for which he was elected. and until his successor is elected and qualified. At the election in the year tighteen hundred and ninety-seven there shall be elected by the qualified voters of the State a Clerk of the Court of Appeals, who shall take his office the first Monday in September, eighteen hundred and ninety-eight, and who shall hold his office until the regular election in nineteen hundred and three, and until his successor shall be elected and qualified. In nineteen hundred and three and thereafter, the Clerk of the Court of Appeals shall be elected at the same time as the Governor for the term of four years; and the said Clerk shall take his office on the first Monday in January following his election, and shall hold his office until his successor is elected and qualified. The clerk shall be ineligible for the suc- ceeding term.
Section 121. No person shall be eligible to the office of Clerk of the Court of Appeals unless he is a citizen of Kentucky, a resident thereof for two years next preceding his election, of the age of twenty-one years, and have a certificate from a Judge of the Court of Appeals that he has been (xamined by him, or by the Clerk of his Court under his supervision, and that he is qualified for the office.
Section 122. Should a vacancy occur in the office of the Clerk of the Court of Appeals, or should the
Clerk be under charges, the Court of Appeals shall have power to appoint a Clerk until the vacancy be filled as provided in this Constitution, or until the Clerk be acquitted.
Section 123. The style of process shall be. "The Commonwealth of Kentucky." All prosecutions shall be carried on in the name and by the authority of the "Commonwealth of Kentucky." and conclude against the peace and dignity of the same.
Section 124. The Clerks of the Court of Appeals, Circuit and County Courts, shall be removable from office by the Court of Appeals, upon information and good cause shown. The Court shall be judge of the facts as well as the law. Two-thirds of the mem- bers present must concur in the sentence.
CIRCUIT COURTS.
Section 125. A Circuit Court shall be established in each county now existing, or which may here- after he created, in this Commonwealth.
Section 120. The jurisdiction of said Court shall be and remain as now established, hereby giving to the General Assembly the power to change it.
Section 127. The right to appeal or sue out a writ of error shall remain as it now exists until altered by law. hereby giving to the General Assem- bly the power to change or modify said right.
Section 128. At its first session after the adop- tion of this Constitution, the General Assembly. having due regard to territory, business and popu- lation, shall divide the State into a sufficient number of judicial districts to carry into effect the pro- visions of this Constitution concerning Circuit Courts. In making such apportionment no county shall be divided, and the number of said districts, excluding those in counties having a population of one hundred and fifty thousand, shall not exceed one district for each sixty thousand of the popula- tion of the entire State.
Section 129. The General Assembly shall. at the same time the judicial districts are laid off, direct elections to be held in each district to elect a judge therein. The first election of Judges of the Circuit Courts under this Constitution shall take place at the annual election in the year eighteen hundred and ninety-two, and the judges then elected shall enter upon the discharge of the duties of their re- spective offices on the first Monday in January after their election. and hold their offices five years, and until their successors are elected and qualified. At the general election in eighteen hundred and ninety- seven, and every six years thereafter. there shall be an election for Judges of the Circuit Courts, who shall hold their offices for six years from the first
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Monday in January succeeding their election. They shall be commissioned by the Governor. and continue in office until their successors shall have been qualified. but shall be removable in the same man- ner as the Judges of the Court of Appeals. The re- moval of a Judge from his district shall vacate his office.
Section 130. No person shall be eligible as Judge of the Circuit Court who is less than thirty-five years of age when elected, who is not a citizen of Ken- tucky, and a resident of the district in which he may be a candidate two years next preceding his election. and who has not been a practicing lawyer eight years.
Section 131. There shall be at least three regu- Jar terms of Circuit Court held in each county every year.
Section 132. The General Assembly, when deemed necessary, may establish additional districts; but the whole number of districts, exclusive of counties having a population of one hundred and fifty thou- sand, shall not exceed at any time one for every sixty thousand of population of the State according to the last enumeration.
Section 133. The Judges of the Circuit Court shall, at stated times, receive for their services an adequate compensation to be fixed by law, which shall be equal and uniform throughout the State. so far as the same shall be paid out of the State Treasury.
Section 134. The Judicial District, of the State shall not be changed except at the first session after an enumeration. unless upon the establishment of a new district.
Section 135. No Courts, save those provided for in this Constitution, shall be established.
Section 136. The General Assembly shall pro- vide by law for holding Circuit Courts when, from any canse. the Judge shall fail to attend. or, if in attendance, can not properly preside.
Section 137. Each county having a population of one hundred and fifty thousand or over. shall con- stitute a district, which shall be entitled to four judges. Additional Judges for said district may. from time to time. be authorized by the General As- sembly, but not to exceed one Judge for each in- crease of forty thousand of population in said county. to be ascertained by the last enumeration. Each of the Judges in such a district shall hold a separate court, except when a general term may be held for the purpose of making rules of court, or as may be required by law : Provided, No general term shall have power to review any order. decision or proceed- ing of any branch of the court in said district made
in separate term. There shall be one Clerk for such district who shall be known as the Clerk of the Circuit Court. Criminal causes shall be under the exclusive jurisdiction of some one branch of said court, and all other litigation in said district. of which the Circuit Court may have jurisdiction, shall be distributed as equally as may be between the other branches thereof, in accordance with the rules of the court made in general term or as may be prescribed by law.
Section 138 Each county having a city of twenty thousand inhabitants, and a population, including said city, of forty thousand or more, may constitute a district, and when its population reaches seventy-five thousand, the General Assembly may provide that it shall have an additional Judge, and such district may have a Judge for each additional fifty thousand population above one hundred thousand. And in such counties the General Assembly shall. by proper laws, direct in what manner the court shall be held and the business therein conducted.
QUARTERLY COURTS.
Section 139 There shall be established in each county now existing. or which may be hereafter created. in this State, a Court to be styled the Quarterly Court, the jurisdiction of which shall be uniform throughout the State, and shall be regu- lated by a general law, and. until changed. shall be the same as that now vested by law in the Quarterly Courts of this Commonwealth. The Judges of the County Court shall be the Judges of the Quarterly Courts.
COUNTY COURTS.
Section 140. There shall be established in each county now existing. or which may be hereafter cre- ated. in this State. a Court to be styled the County Court, to consist of a Judge, who shall be a con- servator of the peace, and shall receive such com- pensation for his services as may be prescribed by law. He shall be commissioned by the Governor, and shall vacate his office by removal from the county in which he may have been elected.
Section 141. The jurisdiction of the County Court shall be uniform throughout the State, and shall be regulated by general law, and, until changed. shall be the same as now vested in the County Courts of this State by law.
JUSTICES' COURTS.
Section 142. Each county now existing, or which may hereafter he created. in this State, shall be laid off into districts in such manner as the General
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Assembly may direct; but no county shall have less than three nor more than eight districts, in each of which districts one Justice of the Peace shall be elected as provided in section ninety-nine. The General Assembly shall make pro- visions for regulating the number of said districts from time to time within the limits herein prescribed, and for fixing the boundaries thereof. The juris- diction of Justices of the Peace shall be co-extensive with the county, and shall be equal and uniform throughout the State. Justices of the Peace shall be conservators of the peace. They shall be commis- sioned by the Governor, and shall vacate their offices by removal from the districts, respectively, in which they may have been elected.
POLICE COURTS.
Section 143. A Police Court may be established in each city and town in this State, with jurisdiction in cases of violation of municipal ordinances and by-laws occurring within the corporate limits of the city or town in which it is established, and such criminal jurisdiction within the said limits as Jus- tices of the Peace have. The said Courts may be authorized to act as examining Courts, but shall have no civil jurisdiction: Provided, The General Assembly may confer civil jurisdiction on Police Courts in cities and towns of the fourth and fifth classes and in towns of the sixth class having a population of two hundred and fifty or more, which jurisdiction shall be uniform throughout the State, and not exceed that of Justices of the Peace.
FISCAL COURTS.
Section 144 Counties shall have a Fiscal Court, which may consist of the Judge of the County Court and the Justices of the Peace, in which Court the Judge of the County Court shall preside, if present; or a county may have three Commis- sioners, to be elected from the county at large, who, together with the Judge of the County Court, shall constitute the Fiscal Court. A majority of the members of said Court shall constitute a Court for the transaction of business. But where, for county governmental purposes, a city is by law separated from the remainder of the county, such Commis- sioners may be elected from the part of the county outside of such city.
SUFFRAGE AND ELECTIONS.
Section 145. Every male citizen of the United States of the age of twenty-one years, who has re- sided in the State one year, and in the county six months. and in the precinct in which he offers to
vote sixty days, next preceding the election, shall be a voter in said precinct and not elsewhere; but the following persons are excepted and shall not have the right to vote :
First : Persons convicted in any court of com- petent jurisdiction of treason, or felony, or bribery in an election, or of such high misdemeanor as the General Assembly may declare shall operate as an exclusion from the right of suffrage; but persons hereby excluded may be restored to their civil rights by Executive pardon.
Second: Persons, who, at the time of the elec- tion, are in confinement under the judgment of a court for some penal offense.
Third: Idiots and insane persons.
Section 146. No person in the military, naval or marine service of the United States shall be deemed a resident of this State by reason of being stationed within the same.
Section 147. The General Assembly shall pro- vide hy law for the registration of all persons en- titled to vote in cities and towns having a popula- tion of five thousand or more; and may provide by general law for the registration of other voters in the State. Where registration is required, only per- sons registered shall have the right to vote. The mode of registration shall be prescribed by the Gen- eral Assembly. In all elections by persons in a representative capacity the voting shall be viva voce and made a matter of record; but all elections by the people shall be by secret official ballot, furnished by public authority to the voters at the polls, and marked by each voter in private at the polls, and then and there deposited. The word "Elections" in this section includes the decision of questions submitted to the voters, as well as the choice of officers by them. The first General Assembly held after the adoption of this Constitution shall pass all necessary laws to enforce this provision, and shall provide that persons illiterate, blind, or in any way disabled, may have their ballots marked as herein required.
Section 148. Not more than one election each year shall be held in this State or in any city, town, district, or county thereof, except as otherwise pro- vided in this Constitution. All elections of State, county, city, town or district officers shall be held on the first Tuesday after the first Monday in No- vember; but no officer of any city, town, or county, or of any subdivision thereof. except members of municipal legislative boards, shall be elected in the same year in which members of the House of Representatives of the United States are elected. District or State Officers, including members of the
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General Assembly, may be elected in the same year in which members of the House of Representatives of the United States are elected. All elections by the people shall be between the hours of six o'clock A. M. and seven o'clock P. M. but the General As- sembly may change said hours, and all officers of any election shall be residents and voters in the pre- cinct in which they act. The General Assembly shall provide by law that all employers shall allow em- ployees, under reasonable regulations, at least four hours on election days, in which to cast their votes.
Section 149. Voters, in all cases except treason. felony, breach of surety of the peace, or violation of the election laws, shall be privileged from ar- rest during their attendance at elections, and while they are going to and returning therefrom.
Section 150. Every person shall be disqualified from holding any office of trust or profit for the term for which he shall have been elected who shall be convicted of having given, or consented to the giving, offer or promise of any money or other thing of value, to procure his election, or to in- fluence the vote of any voter at such election; and if any corporation shall, directly or indirectly, offer, promise or give, or shall authorize, directly or in- directly, any person to offer, promise or give any money or any thing of value to influence the re- sult of any election in this State, or the vote of any voter authorized to vote therein, or who shall after- ward reimburse or compensate, in any manner what- ever, any person who shall have offered, promised or given any money or other thing of value to in- fluence the result of any election or the vote of any such voter, such corporation if organized under the laws of this Commonwealth, shall, on conviction thereof, forfeit its charter and all rights, privileges and immunities thereunder; and if chartered by another State and doing business in this State, whether by license, or upon mere sufferance, such corporation upon conviction of either of the of- fenses aforesaid, shall forfeit all right to carry on any business in this State; and it shall be the duty of the General Assembly to provide for the enforce- ment of the provisions of this section. All persons shall be excluded from office who have been, or shall hereafter be, convicted of a felony, or of such high misdemeanor as may be prescribed by law, but such disability may be removed by pardon of the Gov- ernor. The privilege of free suffrage shall be sup- ported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon. from power, bribery, tumult or other improper practices.
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