USA > Missouri > Carroll County > History of Carroll County, Missouri : carefully written and compiled from the most authentic official and private sources, including a history of its townships, cities, towns and villages, together with a condensed history of Missouri ; the Constitution of the United States, and State of Missouri ; a military record of its volunteers in either army of the Great Civil War ; general and local statistics ; miscellany ; reminiscences, grave, tragic and humorous ; biographical sketches of prominent men and citizens identified with the interests of the country > Part 15
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SEC. 5. The senate shall consist of thirty-four members, to be chosen, by the qualified voters of their respective districts for four years. For the election of senators the state shall be divided into convenient districts, as nearly equal in population as may be, the same to be ascertained by the last decennial census taken by the United States.
SEC. 6. No person shall be a senator who shall not have attained the age of thirty years, who shall not be a male citizen of the United States, who shall not have been a qualified voter of this state three years, and an inhabitant of the district which he may be chosen to represent one year next before the day of his election, if such district shall have been so long established; but if not, then of the district or districts from which the same shall have been taken, and who shall not have paid a state and county tax within one year next preceding the election. When any county shall be entitled to more than one senator, the circuit court shall cause such county to be subdivided into districts of compact and contiguous territory, and of population as nearly equal as may be, corresponding in number with the senators to which such county may be entitled; and in each of these one senator, who shall be a resident of such district, shall be elected by the qualified voters thereof.
SEC. 7. Senators and representatives shall be chosen according to the rule of apportionment established in this constitution, until the next decen- nial census by the United States shall have been taken and the result thereof as to this state ascertained, when the apportionment shall be revised
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and adjusted on the basis of that census, and every ten years there- after upon the basis of the United States census; or if such census be not taken, or is delayed, then on the basis of a state census; such apportion- ment to be made at the first session of the general assembly after each such census: Provided, That if at any time, or from any cause, the general assembly shall fail or refuse to district the state for senators, as required in this section, it shall be the duty of the governor, secretary of state, and attorney-general, within thirty days after the adjournment of the general assembly on which such duty devolved, to perform said duty, and to file in the office of the secretary of state a full statement of the districts formed by them, including the names of the counties embraced in each district, and the numbers thereof; said statement to be signed by them, and attested by the great seal of the state, and upon the proclamation of the governor, the same shall be as binding and effectual as if done by the general assembly.
SEC. 8. Until an apportionment of representatives can be made, in accordance with the provisions of this article, the house of representa- tives shall consist of one hundred and forty-three members, which shall be divided among the several counties of the state, as follows: The county of St. Louis shall have seventeen; the county of Jackson four; the county of Buchanan three; the counties of Franklin, Greene, Johnson, Lafayette, Macon, Marion, Pike, and Saline, each two, and each of the other coun- ties in the state, one.
SEC. 9. Senatorial and representative districts may be altered, from time to time, as public convenience may require. When any senatorial district shall be composed of two or more counties, they shall be contigu- ous; such districts to be as compact as may be, and in the formation of the same no county shall be divided.
SEC. 10. The first election of senators and representatives, under this constitution, shall be held at the general election in the year one thousand eight hundred and seventy-six, when the whole number of representa- tives, and the senators from the districts having odd numbers, who shall compose the first class, shall be chosen; and in one thousand eight hun- dred and seventy-eight, the senators from the districts having even num- bers, who shall compose the second class, and so on at each succeeding general election, half the senators provided for by this constitution shall be chosen.
SEC. 11. Until the state shall be divided into senatorial districts, in accordance with the provisions of this article, said districts shall be con- stituted and numbered as follows:
The First District shall be composed of the counties of Andrew, Holt, Nodaway and Atchison.
Second District-The counties of Buchanan, DeKalb, Gentry and Worth.
Third District-The counties of Clay, Clinton and Platte.
Fourth District -The counties of Caldwell, Ray, Daviess and Harrison. Fifth District-The counties of Livingston, Grundy, Mercer and Carroll. Sixth District-The counties of Linn, Sullivan, Putnam and Chariton. Seventh District-The counties of Randolph, Howard and Monroe. Eighth District-The counties of Adair, Macon and Schuyler.
Ninth District-The counties of Audrain, Boone and Callaway. 9
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Tenth District-The counties of St. Charles and Warren.
Eleventh District-The counties of Pike, Lincoln and Montgomery.
Twelfth District-The counties of Lewis, Clark, Scotland and Knox.
Thirteenth District-The counties of Marion, Shelby and Ralls.
Fourteenth District-The counties of Bates, Cass and Henry.
Fifteenth District-The county of Jackson.
Sixteenth District-The counties of Vernon, Barton, Jasper, Newton and McDonald.
Seventeenth District-The counties of Lafayette and Johnson.
Eighteenth District-The counties of- Greene, Lawrence, Barry, Stone and Christian.
Nineteenth District-The counties of Saline, Pettis and Benton.
Twentieth District-The counties of Polk, Hickory, Dallas, Dade, Cedar and St. Clair.
Twenty-first District-The counties of Laclede, Webster, Wright, Texas, Douglas, Taney, Ozark and Howell.
Twenty-second District-The counties of Phelps, Miller, Maries, Cam- den, Pulaski, Crawford and Dent.
Twenty-third District-The counties of Cape Girardeau, Mississippi, New Madrid, Pemiscot, Dunklin, Stoddard and Scott.
Twenty-fourth District-The counties of Iron,' Madison, Bollinger, Wayne, Butler, Reynolds, Carter, Ripley, Oregon and Shannon.
Twenty-fifth District-The counties of Franklin, Gasconade and Osage. Twenty-sixth District-The counties of Washington, Jefferson, St. Francois, Ste. Genevieve and Perry.
Twenty-eighth District-The counties of Cooper, Moniteau, Morgan and Cole.
St. Louis county shall be divided into seven districts, numbered respec- tively, as follows:
Twenty-seventh, Twenty-ninth, Thirtieth, Thirty-first, Thirty-second, Thirty-third and Thirty-fourth.
SEC. 12. No senator or representative shall, during the term for which he shall have been elected, be appointed to any office under this state, or any municipality thereof; and no member of congress or person holding any lucrative office under the United States, or this state, or any munici- pality thereof, (militia offices, justices of the peace and notaries public excepted,) shall be eligible to either house of the general assembly, or remain a member thereof, after having accepted any such office or seat in either house of congress.
SEC. 13. If any senator or representative remove his residence from the district or county for which he was elected, his office shall thereby be vacated.
SEC. 14. Writs of election to fill such vacancies as may occur in either house of the general assembly, shall be issued by the governor.
SEC. 15. Every senator and representative elect, before entering upon the duties of his office, shall take and subscribe the following oath or affirm- ation: "I do solemnly swear [or affirm] that I will support the constitution of the United States and of the state of Missouri, and faithfully perform the duties of my office, and that I will not knowingly receive, directly or indirectly, any money or other valuable thing, for the performance or non-performance of any act or duty pertaining to my office, other than the compensation allowed by law." The oath shall be administered in the
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halls of their respective houses, to the members thereof, by some judge of the supreme court, or the circuit court, or the county court of Cole county, or after the organization, by the presiding officer of either house, and shall be filed in the office of the secretary of state. Any member of either house refusing to take said oath or affirmation, shall be deemed to have thereby vacated his office, and any member convicted of having vio- lated his oath or affirmation, shall be deemed guilty of perjury, and be forever thereafter disqualified from holding any office of trust or profit in this state.
SEC. 16. The members of the general assembly shall severally receive from the public treasury such compensation for their services as may, from time to time, be provided by law, not to exceed five dollars per day for the first seventy days of each session, and after that not to exceed one dollar per day for the remainder of the session, except the first session held under this constitution, and during revising sessions, when they may re- ceive five dollars per day for one hundred and twenty days, and one dollar per day for the remainder of such sessions. In addition to. per diem, the members shall be entitled to receive traveling expenses or mileage, for any regular and extra session not greater than now provided by law; but no member shall be entitled to traveling expenses or mileage for any extra session that may be called within one day after an adjournment of a regu- lar session. Committees of either house, or joint committees of both houses, appointed to examine the institutions of the state, other than those at the seat of government, may receive their actual expenses, necessarily incurred while in the performance of such duty; the items of such ex- penses to be returned to the chairman of such committee, and by him cer- tified to the state auditor, before the same, or any part thereof, can be paid. Each member may receive at each regular session an additional sum of thirty dollars, which shall be in full for all stationery used in his official capacity, and all postage, and all other incidental expenses and perquisites; and no allowance or emoluments, for any purpose whatever, shall be made to, or received by the members, or any member of either house, or for their use, out of the contingent fund or otherwise, except as herein expressly provided; and no allowance or emolument, for any purpose whatever, shall ever be paid to any officer, agent, servant or employe of either house of the general assembly, or of any committee thereof, except such per diem as may be provided for by law, not to exceed five dollars.
SEC. 17. Each house shall appoint its own officers; shall be sole judge of the qualifications, election and returns of its own members; may deter- mine the rules of its own proceedings, except as herein provided; may arrest and punish by fine not exceeding three hundred dollars, or imprison- ment in a county jail not exceeding ten days, or both, any person, not a member, who shall be guilty of disrespect to the house by any disorderly or contemptuous behavior in its presence during its sessions; may punish its members for disorderly conduct; and with the concurrence of two-thirds of all members elect, may expel a member; but no member shall be ex- pelled a second time for the same cause.
SEC. 18. A majority of the whole number of members of each house shall constitute a quorum to do business; but a smaller number may ad- journ from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.
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SEC. 19. The sessions of each house shall be held with open doors, except in cases which may require secrecy.
SEC. 20. The general assembly elected in the year one thousand eight hundred and seventy-six shall meet on the first Wednesday after the first day of January, one thousand eight hundred and seventy-seven; and thereafter the general assembly shall meet in regular session once only in every two years; and such meeting shall be on the first Wednesday after the first day of January next after the elections of the members thereof.
SEC. 21. Every adjournment or recess taken by the general assembly for more than three days, shall have the effect of and be an adjournment sine die.
SEC. 22. Every adjournment or recess taken by the general assembly for three days or less, shall be construed as not interrupting the session at which they are had or taken, but as continuing the session for all the pur- poses mentioned in section sixteen of this article.
SEC. 23. Neither house shall, without the consent of the other, adjourn . for more than two days at any one time, nor to any other place than that in which the two houses may be sitting.
LEGISLATIVE PROCEEDINGS.
SEC. 24. The style of the laws of this state shall be: " Be it enacted by the General Assembly of the State of Missouri, as follows :"
SEC. 25. No law shall be passed, except by bill, and no bill shall be so amended in its passage through either house, as to change its original purpose.
SEC. 26. Bills may originate in either house, and may be amended or rejected by the other; and every bill shall be read on three different days in each house.
SEC. 27. No bill shall be considered for final passage unless the same has been reported upon by a committee and printed for the use of the members.
SEC. 28. No bill (except general appropriation bills, which may em- brace the various subjects and accounts for and on account of which moneys are appropriated, and except bills passed under the third subdivision of section forty-four of this article) shall contain more than one subject, which shall be clearly expressed in its title.
SEC. 29. All amendments adopted by either house to a bill pending and originating in the same, shall be incorporated with the bill by engross- ment, and the bill as thus engrossed, shall be printed for the use of the members before its final passage. The engrossing and printing shall be under the supervision of a committee, whose report to the house shall set forth, in writing, that they find the bill truly engrossed, and that the printed copy furnished to the members is correct.
SEC. 30. If a bill passed by either house be returned thereto, amended by the other, the house to which the same is returned shall cause the amendment or amendments so received to be printed under the same super- vision as provided in the next preceding section, for the use of the mem- bers before final action on such amendments.
SEC. 31. No bill shall become a law, unless on its final passage the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal, and a majority of the members elected to each house be recorded thereon as voting in its favor.
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CONSTITUTION OF MISSOURI.
SEC. 32. No amendment to bills by one house shall be concurred in by the other, except by a vote of a majority of the members elected thereto taken by yeas and nays, and the names of those voting for and against recorded upon the journal thereof; and reports of committees of confer- ence shall be adopted in either house only by the vote of a majority of the members elected thereto, taken by yeas and nays, and the names of those voting recorded upon the journal.
SEC. 33. No act shall be revived or re-enacted by mere reference to the title thereof, but the same shall be set forth at length, as if it were an original act.
SEC. 34. No act shall be amended by providing that designated words thereof be stricken out, or that designated words be inserted, or that desig- nated words be stricken out and others inserted in lieu thereof; but the words to be stricken out, or the words to be inserted, or the words to be stricken out and those inserted in lieu thereof, together with the act or section amended, shall be set forth in full, as amended.
SEC. 35. . When a bill is put upon its final passage in either house, and; failing to pass, a motion is made to reconsider the vote by which it was defeated, the vote upon such motion to reconsider shall be immediately taken, and the subject finally disposed of before the house proceeds to any other business.
SEC. 36. No law passed by the general assembly, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency, (which emergency must be expressed in the preamble or in the body of the act), the general assembly shall, by a vote of two-thirds of all the members elected to each house, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journal.
SEC. 37. No bill shall become a law until the same shall have been signed by the presiding officer of each of the two houses, in open session; and before such officer shall affix his signature to any bill, he shall suspend all other business, declare that such bill will now be read, and that, if no objections be made, he will sign the same, to the end that it may become a law. The bill shall then be read at length, and if no objections be made; he shall, in presence of the house, in open session, and before any other business is entertained, affix his signature, which fact shall be noted on the journal, and the bill immediately sent to the other house. When it reaches the other house the presiding officer thereof shall immediately suspend all other business, announce the reception of the bill, and the same proceedings shall thereupon be observed, in every respect, as in the house in which it was first signed. If in either house any member shall object that any sub- stitution, omission, or insertion has occurred, so that the bill proposed to be signed is not the same in substance and form as when considered and passed by the house, or that any particular clause of this article of the constitution has been violated in its passage, such objection shall be passed upon by the house, and if sustained, the presiding officer shall withhold his signature; but if such objection shall not be sustained, then any five mem- bers may embody the same, over their signatures, in a written protest, under oath, against the signing of the bill. Such protest, when offered in the house, shall be noted upon the journal, and the original shall be an- nexed to the bill to be considered by the governor in connection therewith.
SEC. 38. When the bill has been signed, as provided for in the preced-
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ing section, it shall be the duty of the secretary of the senate, if the bill originated in the senate, and of the chief clerk of the house of representa- tives, if the bill originated in the house, to present the same in person, on the same day on which it was signed as aforesaid, to the governor, and enter the fact upon the journal. Every bill presented to the governor, and returned within ten days to the house in which the same originated, with the approval of the governor, shall become a law, unless it be in vio- lation of some provision of this constitution.
SEC. 39. Every bill presented as aforesaid, but returned without the approval of the governor, and with his objections thereto, shall stand as reconsidered in the house to which it is returned. The house shall cause the objections of the governor to be entered at large upon the journal, and proceed, at its convenience, to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the governor thereto notwithstanding?" The vote upon this question shall be taken by yeas and nays, and the names entered upon the journal, and if two-thirds of all the members elected to the house vote in the affirmative, the presiding officer of that house shall certify that fact on the roll, attesting the same by his signature, and send the bill, with the objections of the governor, to the other house, in which like proceedings shall be had in relation thereto; and if the bill receive a like majority of the votes of all the members elected to that house, the vote being taken by yeas and nays, the presiding officer thereof shall, in like manner, certify the fact upon the bill. The bill thus certified shall be deposited in the office of the secretary of state, as an au- thentic act, and shall become a law in the same manner and with like effect as if it had received the approval of the governor.
SEC. 40. Whenever the governor shall fail to perform his duty, as pre- scribed in section twelve, article V, of this constitution, in relation to any bill presented to him for his approval, the general assembly may, by joint resolution, reciting the fact of such failure and the bill at length, direct the secretary of state to enrol the same as an authentic act in the archives of the state, and such enrollment shall have the same effect as an approval by the governor: Provided, That such joint resolution shall not be submit- ted to the governor for his approval.
SEC. 41. Within five years after the adoption of this constitution all the statute laws of a general nature, both civil and criminal, shall be re- vised, digested, and promulgated in such manner as the general assembly shall direct: and a like revision, digest, and promulgation shall be made at the expiration of every subsequent period of ten years.
SEC. 42. Each house shall, from time to time, publish a journal of its proceedings, and the yeas and nays on any question shall be taken and entered on the journal at the motion of any two-members. Whenever the yeas and nays are demanded, the whole list of members shall be called, and the names of the absentees shall be noted and published in the journal.
LIMITATION ON LEGISLATIVE POWER.
SEC. 43. All revenue collected and moneys received by the state from any source whatsoever, shall go into the treasury, and the general assem- bly shall have no power to divert the same, or to permit money to be drawn from the treasury, except in pursuance of regular appropriations made by law. All appropriations of money by the successive general assemblies shall be made in the following order:
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CONSTITUTION OF MISSOURI.
First, For the payment of all interest upon the bonded debt of the state that may become due during the term for which each general assembly is elected.
Second, For the benefit of the sinking fund, which shall not be less an- nually than two hundred and fifty thousand dollars.
Third, For free public school purposes.
Fourth, For the payment of the cost of assessing and collecting the revenue.
Fifth, For the payment of the civil list.
Sixth, For the support of the eleemosynary institutions of the state.
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Seventh, For the pay of the general assembly, and such other purposes not herein prohibited, as it may deem necessary; but no general assembly shall have power to make any appropriation of money for any purpose whatsoever, until the respective sums necessary for the purposes in. this section specified have been set apart and appropriated, or to give pri- ority in its action to a succeeding over a preceding item as above enumer- ated.
SEC. 44. The general assembly shall have no power to contract or to authorize the contracting of any debt or liability on behalf of the state, or to issue bonds or other evidences of indebtedness thereof, except in the following cases:
First, In renewal of existing bonds, when they cannot be paid at matu- rity, out of the sinking fund or other resources.
Sccond, On the occurring of an unforeseen emergency, or casual defi- ciency of the revenue when the temporary liability incurred, upon the rec- ommendation of the governor first had, shall not exceed the sum of two hundred and fifty thousand dollars for any one year, to be paid in not more than two years from and after its creation.
Third, On the occurring of any unforeseen emergency or casual defi- ciency of the revenue, when the temporary liability incurred or to be incur- red shall exceed the sum of two hundred and fifty thousand dollars for any one year, the general assembly may submit an act providing for the loan, or for the contracting of the liability, and containing a provision for levying a tax sufficient to pay the interest and principal when they become due, (the latter in not more than thirteen years from the date of its crea- tion) to the qualified voters of the state, and when the act so submitted shall have been ratified by a two-thirds majority, at an election held for that purpose, due publication having been made of the provisions of the act for at least three months before such election, the act thus ratified shall be irrepealable until the debt thereby incurred shall be paid, princi- pal and interest.
SEC. 45. The general assembly shall have no power to give or to lend, or to authorize the giving or lending of the credit of the state in aid of or to any person, association or corporation, whether municipal or other, or to pledge the credit of the state in any manner whatsoever, for the payment of the liabilities, present or prospective, of any individual, association of individuals, municipal or other corporation whatsoever.
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