USA > Missouri > Lafayette County > History of Lafayette county, Mo. , carefully written and compiled from the most authentic official and private sources, including a history of its townships, cities, towns, and villages > Part 15
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SEC. 35. When a bill is pu: 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 veas and navs, 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 co 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 fre 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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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.
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- oritv 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.
SEC. 46. The general assembly shall have no power to make any grant, or to authorize the making of any grant of public money or thing of value to any individual, association of individuals, municipal or other cor- poration whatsoever: Provided, That this shall not be so construed as to prevent the grant of aid in a case of public calamity.
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SEC. 47. The general assembly shall have no power to authorize any county, city, town or township, or other political corporation or subdivision of the state now existing, or that may be hereafter established, to lend its credit, or to grant public money or thing of value in aid of, or to any indi- vidual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company.
SEC. 48. The general assembly shall have no power to grant, or to authorize any county or municipal authority to grant any extra compensa- tion, fee or allowance to a public officer, agent, servant or contractor, after service has been rendered or a contract has been entered into and per- formed in whole or in part, nor pay nor authorize the payment of any claim hereafter created against the state, or any county or municipality of the state under any agreement or contract made without express authority of law; and all such unauthorized agreements or contracts shall be null and void.
SEC. 49. The general assembly shall have no power hereafter to sub- scribe or authorize the subscription of stock on behalf of the state, in any corporation or association except for the purpose of securing loans hereto- fore extended to certain railroad corporations by the state.
SEC. 50. The general assembly shall have no power to release or alienate the lien held by the state upon any railroad, or in anywise change the tenor or meaning, or pass any act explanatory thereof; but the same shall be enforced in accordance with the original terms upon which it was acquired.
SEC. 51. The general assembly shall have no power to release or ex- tinguish, or authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any corporation or individual, to this state, or to any county or other municipal corporation therein.
SEC. 52. The general assembly shall have no power to make any ap- propriation of money, or to issue any bonds or other evidences of indebted- ness for the payment, or on account, or in recognition of any claims audited, or that may hereafter be audited by virtue of an act entitled " An act to audit and adjust the war debt of the state, " approved March 19, 1874, or any act of a similar nature, until after the claims so audited shall have been presented to and paid by the government of the United States to the state of Missouri.
SEC. 53. The general assembly shall not pass any local or special law: Authorizing the creation, extension or impairing of liens:
Regulating the affairs of counties, cities, townships, wards or school districts:
Changing the names of persons or places:
Changing the venue in civil or criminal cases:
Authorizing the laying out, opening, altering or maintaining roads, highways, streets or alleys:
Relating to ferries or bridges, or incorporating ferry or bridge compa- nies, except for the erection of bridges crossing streams which form boundaries between this and any other state:
Vacating roads, town plats, streets or alleys:
Relating to cemeteries, grave yards or public grounds not of the state: Authorizing the adoption or legitimation of children:
ยท Locating or changing county seats:
Incorporating cities, towns or villages, or changing their charters:
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For the opening and conducting of elections, or fixing or changing the places of voting:
Granting divorces:
Erecting new townships, or changing township lines, or the lines of school districts:
Creating offices, or prescribing the powers and duties of officers in counties, cities, townships, election or school districts:
Changing the law of descent or succession:
Regulating the practice or jurisdiction of, or changing the rules of evi- dence in any judicial proceeding or inquiry before courts, justices of the peace, sheriffs, commissioners, arbitrators or other tribunals, or providing or changing methods for the collection of debts, or the enforcing of judg- ments, or prescribing the effect of judicial sales of real estate:
Regulating the fees or extending the powers and duties of aldermen, justices of the peace, magistrates or constables:
Regulating the management of public schools, the building or repairing of school houses, and the raising of money for such purposes:
Fixing the rate of interest:
Affecting the estates of minors or persons under disability :
Remitting fines, penalties and forfeitures, or refunding moneys legally paid into the treasury:
Exempting property from taxation:
Regulating labor, trade, mining or manufacturing:
Creating corporations, or amending, renewing, extending or explaining the charter thereof:
Granting to any corporation, association or individual any special or exclusive right, privilege or immunity, or to any corporation, association or individual, the right to lay down a railroad track:
Declaring any named person of age:
Extending the time for the assessment or collection of taxes, or other- wise relieving any assessor or collector of taxes from the due performance of their official duties, or their securities from liability:
Giving effect to informal or invalid wills or deeds:
Summoning or empanneling grand or petit juries:
For limitation of civil actions :
Legalizing the unauthorized or invalid acts of any officer or agent of the state, or of any county or municipality thereof. In all other cases where a general law can be made applicable, no local or special law shall be enacted; and whether a general law could have been made applicable in any case, is hereby declared a judicial question, and as such shall be ju- dicially determined without regard to any legislative assertion on that subject.
Nor shall the general assembly indirectly enact such special or local law by the partial repeal of a general law; but laws repealing local or special acts may be passed.
SEC. 54. No local or special law shall be passed unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated, which notice shall state the substance of the contemplated law, and shall be published at least thirty days prior to the introduction into the general assembly of such bill, and in the manner to be provided by law. The evidence of such notice having been published, shall be exhibited in the general assembly
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before such act shall be passed, and the notice shall be recited in the act according to its tenor.
SEC. 55. The general assembly shall have no power, when convened in extra session by the governor, to act upon subjects other than those specially designated in the proclamation by which the session is called, or recommended by special message to its consideration by the governor after it shall have been convened.
SEC. 56. The general assembly shall have no power to remove the seat of government of this state from the city of Jefferson.
ARTICLE V .- EXECUTIVE DEPARTMENT.
SECTION 1. The executive department shall consist of a governor, lieutenant governor, secretary of state, state auditor, state treasurer, attorney general and superintendent of public schools, all of whom, except the lieutenant governor, shall reside at the seat of government during their term of office, and keep the public records, books and papers there, and shall perform such duties as may be prescribed by law.
SEC. 2. The term of office of the governor, lieutenant governor, sec- retary of state, state auditor, state treasurer, attorney general and super- intendent of public schools, shall be four years from the second Monday of January next after their election, and until their successors are elected and qualified; and the governor and state treasurer shall be ineligible to re-election as their own successors. At the general election to be held in the year one thousand eight hundred and seventy-six, and every four years thereafter, all of such officers, except the superintendent of public schools, shall be elected, and the superintendent of public schools shall be elected at the general election in the year one thousand eight hundred and seventy-eight, and every four years thereafter.
SEC. 3. The returns of every election for the above named officers. shall be sealed up and transmitted by the returning officers to the secre- tary of state, directed to the speaker of the house of representatives, who shall immediately, after the organization of the house, and before proceed- ing to other business, open and publish the same in the presence of a majority of each house of the general assembly, who shall for that pur- pose assemble in the hall of the house of representatives. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more shall have an equal and the highest number of votes, the general assembly shall, by joint vote, choose one of such persons for said office.
SEC. 4. The supreme executive power shall be vested in a chief mag- istrate, who shall be styled "the governor of the state of Missouri."
SEC. 5. The governor shall be at least thirty-five years old, a male, and shall have been a citizen of the United States ten years, and a resi- dent of this state seven years next before his election.
SEC. 6. The governor shall take care that the laws are distributed and faithfully executed; and he shall be a conservator of the peace through- out the state.
SEC. 7. The governor shall be commander-in-chief of the militia of this state, except when they shall be called into the service of the United States, and may call out the same to execute the laws, suppress insurrec- tion and repel invasion; but he need not command in person unless directed so to do by a resolution of the general assembly.
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SEC. 8. The governor shall have power to grant reprieves, commuta- tions and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such condition and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. He shall, at each session of the general assembly, communicate to that body each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, the date of the commutation, pardon or reprieve, and the reason for grant- ing the same.
SEC. 9. The governor shall, from time to time, give to the general assembly information relative to the state of the government, and shall recommend to its consideration such measures as he shall deem necessary and expedient. On extraordinary occasions he may convene the general assembly by proclamation, wherein he shall state specifically each matter concerning which the action of that body is deemed necessary.
SEC. 10. The governor shall, at the commencement of each session of the general assembly, and at the close of his term of office, give informa- tion by message, of the condition of the state, and shall recommend such measures as he shall deem expedient. He shall account to the general assembly, in such manner as may be prescribed by law, for all moneys received and paid out by him from any funds subject to his order, with vouchers; and at the commencement of each regular session, present esti- mates of the amount of money required to be raised by taxation for all purposes.
SEC. 11. When any office shall become vacant, the governor, unless otherwise provided by law, shall appoint a person to fill such vacancy, who shall continue in office until a successor shall have been duly elected or appointed and qualified according to law.
SEC. 12. The governor shall consider all bills and joint resolutions, which, having been passed by both houses of the general assembly, shall be presented to him. He shall, within ten days after the same shall have been presented to him, return to the house in which they respectively originated, all such bills and joint resolutions, with his approval endorsed thereon, or accompanied by his objections: Provided, That if the general assembly shall finally adjourn within ten days after such presentation, the governor may, within thirty days thereafter, return such bills and res- olutions to the office of the secretary of state, with his approval or reasons for disapproval.
SEC. 13. If any bill presented to the governor contain several items of appropriation of money, he may object to one or more items while approving other portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects, and the appropriations so objected to shall not take effect. If the general assembly be in session, he shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered. If it be not in session, then he shall transmit the same within thirty days to the office of secretary of state, with his approval or reasons for disapproval.
SEC. 14. Every resolution to which the concurrence of the senate and house of representatives may be necessary, except on questions of adjourn- ment, of going into joint session, and of amending this constitution, shall
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be presented to the governor, and before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill: Provided, That no resolution shall have the effect to repeal, extend, alter or amend any law.
SEC. 15. The lieutenant governor shall possess the same qualifications as the governor, and by virtue of his office shall be president of the senate. In committee of the whole he may debate all questions; and when there is an equal division he shall give the casting vote in the senate, and also in joint vote of both houses.
SEC. 16. In case of death, conviction, or impeachment, failure to qual- ify, resignation, absence from the state, or other disability of the governor, the powers, duties, and emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the lieu- tenant governor.
SEC. 17. The senate shall choose a president pro tempore to preside in cases of the absence or impeachment of the lieutenant-governor, or when he shall hold the office of governor. If there be no lieutenant-governor, or the lieutenant governor shall, for any of the causes specified in section sixteen, of this article, become incapable of performing the duties of the office, the president of the senate shall act as governor until the vacancy is filled, or the disability removed; and if the president of the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives, in the same manner, and with the same powers and compensation as are prescribed in the case of the office devolving upon the lieutenant-governor.
SEC. 18. The lieutenant-governor, or the president pro tempore of the senate, while presiding in the senate, shall receive the same compen- sation as shall be allowed to the speaker of the house of representatives.
SEC. 19. No person shall be eligible to the office of secretary of state, state auditor, state treasurer, attorney-general, or superintendent of public schools, unless he be a male citizen of the United States, and at least twenty-five years old, and shall have resided in this state at least five years next before his election.
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