USA > Missouri > Pettis County > The History of Pettis County, Missouri, including an authentic history of Sedalia, other towns and townships, together with biographical sketches > Part 15
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CONSTITUTION OF MISSOURI.
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 o'. 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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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 othe.s inserted in lieu thereof; but the words to be stricken out, or the wor is to be inserted, or the words to be stricken out and those inserted in li zu 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 ยท 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.
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 1 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.
Second, 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:
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, arbitrato 's or other tribunals, or providing or changing methods for the collection of debts, or the enforcing of judg- ments, or prescribing the effect of judic.al 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.
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