USA > Mississippi > School history of Mississippi; for use in public and private schools > Part 32
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than one hundred, nor more than one hundred and thirty-three; nor the number of senators less than thirty, nor more than forty-five.
ARTICLE XIV .- GENERAL PROVISIONS.
SECTION 257. The political year of the State of Mississippi shall commence on the first Monday of January in each year.
SECTION 258. The credit of the State shall not be pledged or loaned in aid of any person, association or corporation; and the State shall not become a stockholder in any corporation or asso- ciation, nor assume, redeem, secure or pay any indebtedness or pretended indebtedness alleged to be due by the State of Missis- sippi, to any person, association or corporation whatsoever, claiming the same as owners, holders, or assignees of any bond or bonds, now generally known as "Union Banl:" bonds and " Planters' Bank " bonds.
SECTION 259. No county seat shall be removed unless such removal be authorized by two-thirds of the electors of the county voting therefor; but when the proposed removal shall be towards the center of the county, it may be made when a majority of the electors participating in the election shall vote therefor.
SECTION 260. No new county shall be formed unless a majority of the qualified electors voting in each part of the county or counties proposed to be dismembered and embraced in the new county shall separately vote therefor; nor shall the boundary of any judicial district in a county be changed unless at an election held for that purpose, two-thirds of those voting assent thereto. The elections provided for in this and the section next preceding shall not be held in any county oftener than one in four years. No new county shall contain less than four hundred square miles, nor shall any existing county be reduced below that size.
SECTION 261. The expenses of criminal prosecutions, except those before justices of the peace, shall be borne by the county in which such prosecutions shall be begun; and all net fines and forfeitures shall be paid into the treasury of such county. De- fendants in cases of conviction may be taxed with the costs.
SECTION 262. The board of supervisors shall have power to provide homes or farms as asylums for those persons, who, by reason of age, infirmity, or misfortune. may have claims upon the sympathy and aid of society; and the legislature shall en~ct suitable laws to prevent abuses by those having the care of such persons.
SECTION 263. The marriage of a white person with a negro or mulatto, or person who shall have one-eighth or more of negro blood, shall be unlawful and void.
SECTION 264. No person shall be a grand or petit juror unless a qualified elector and able to read and write; but the want of
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any such qualification in any juror shall not vitlate any indict- ment or verdict. The legislature shall provide by law for pro- curing a list of persons so qualified, and the drawing therefrom of grand and petit jurors for each term of the circuit court.
SECTION 265. No person who denies the existence of a Supreme Being shall hold any office in this State.
SECTION 266. No person holding or exercising the rights or powers of any office of honor or profit either in his own right, or as a deputy, or while otherwise acting for or in the name, or by the authority of another, under any foreign government or under the government of the United States, shall hold or exercise in any way the rights and powers of any office of honor or profit under the laws or authority of this State except notaries, commissioners of deeds, and United States commissioners.
SECTION 267. No person elected or appointed to any office or employment of profit under the laws of this State, or by virtue of any ordinance of any municipality of this State, shall hold such office or employment without personally devoting his time to the performance of the duties thereof.
SECTION 268. All officers elected or appointed to any office in this State, except judges and members of the legislature, shall, before entering upon the discharge of the duties thereof, take and subscribe the following oath:
"I, do solemnly swear (or affirm) that I will faithfully support the constitution of the United States, and the constitution of the State of Mississippi, and obey the laws thereof; that I am not disqualified from holding the office of -; that I will faithfully discharge the duties of the office -
upon which I am about to enter. So help me God."
SECTION 269. Every devise or bequest of lands, tenements or hereditaments, or any interest therein, of freehold, or less than freehold, either present or future, vested or contingent, or of any money directed to be raised by the sale thereof, contained in any last will and testament, or codicil, or other testamentary writing, in favor of any religious or ecclesiastical corporation, sole or aggregate, or any religious or ecclesiastical society, or to any religious denomination, or association of persons, or to any person or body politic, in trust, either express or implied, secret or resulting, either for the use and benefit of such religious corporation, society, denomination or association, or for the purpose of being given or appropriated to charitable uses or purposes, shall be null and void, and the heir-at-law shall take the same property so devised or bequeathed, as though no testa- mentary disposition had been made.
SECTION 270. Every legacy, gift or bequest of money or per- sonal property, or of any interest, benefit or use therein, either direct, implied or otherwise, contained in any last will and testa- ment or codicil in favor of any religious or ecclesiastical cor- poration, sole or aggregate, or any religious or ecclesiastical
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society, or to any religious denomination or association, either for its own use or benefit, or for the purpose of being given or appropriated to charitable uses, shall be null and void, and the distributees shall take the same as though no such testamentary disposition had been made.
SECTION 271. The legislature may provide for the consolidation of existing counties, if a majority of the qualified electors of such counties voting at an election held for that purpose shall vote therefor.
SECTION 272. The legislature shall provide by law, pensions for indigent soldiers and sailors who enlisted and honorably served in the Confederate army or navy in the late civil war, who are now resident in this State, and are not able to earn a support by their own labor. Pensions shall also be allowed to the indigent widows of such soldiers or sailors now dead, when from age or disease they cannot earn a support. Pensions shall also be allowed to the wives of such soldiers or sailors upon the death of the husband, if disabled and indigent as aforesaid. Pensions granted to widows shall cease upon their subsequent marriage.
ARTICLE XV .- AMENDMENTS TO THE CONSTITUTION.
SECTION 273. Whenever two-thirds of each house of the legis- lature shall deem any change, alteration, or amendment necessary to this constitution, such proposed change, alteration or amend- ment shall be read and passed by a two-thirds vote of each house respectively, on each day, for three several days; public notice shall then be given by the secretary of state, at least three months preceding an election, at which the qualified electors shall vote directly for or against such change, alteration or amendment; and if more than one amendment shall be submitted at one time, they shall be submitted in such manner and form that the people may vote for or against each amendment sepa- rately; and if it shall appear that a majority of the qualified electors voting shall have voted for the proposed change, altera- tion or amendment, then it shall be inserted by the next succeed- ing legislature as a part of this constitution, and not otherwise.
SCHEDULE.
That no inconvenience may arise from the changes in the Con- stitution of this State, and in order to carry the new Constitu- tion into complete operation, it is hereby declared that-
SECTION 274. The laws of this State now in force, not repug- nant to this constitution, shall remain in force until amended or repealed by the legislature or until they expire by limitation. All statute laws of this State repugnant to the provisions of this
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constitution, except as provided in the next section (three), shall continue and remain in force until the first day of April, A. D. 1892, unless sooner repealed by the legislature.
SECTION 275. All laws of this State which are repugnant to the following portions of this constitution shall be repealed by the adoption of this constitution, to wit: laws repugnant to:
(a) All the ordinances of this convention.
(b) The provisions of section 183, prohibiting counties, cities and towns from voting subscriptions to railroad and other cor- porations or associations.
(c) The provisions of sections 223 to 226 inclusive of Article X., prohibiting the leasing of penitentiary convicts.
SECTION 276. All laws of the State which are repugnant to the provisions of sections 240 to 253 inclusive, of Article XII., on the subject of franchise and elections, shall be and remain in force until the first day of January, A. D. 1891, and no longer.
SECTION 277. All laws of this State which are repugnant to the provisions of Article XIII., sections 254 to 256 inclusive, on the subject of the apportionment of representatives and senators in the legislature, shall be and remain in force until the first day of October, A. D. 1891, but no longer.
SECTION 278. The governor shall, as soon as practicable, ap- point three suitable persons, learned in the law, as commissioners, whose duty it shall be to prepare and draft such general laws as are contemplated in this constitution and such other laws as shall be necessary and proper to put into operation the provisions thereof, and as may be appropriate to conform the general statutes of the State to the constitution. Said commissioners shall present the same when prepared to the legislature at its next regular session. And the legislature shall provide reason- able compensation therefor.
SECTION 279. All writs, actions, causes of action, proceedings, prosecutions and rights of individuals and bodies corporate and of the State, and charters of incorporation, shall continue; and all indictments which shall have been found, or which shall hereafter be found, and all prosecutions begun, or that may be begun, for any crime or offence committed before the adoption of this constitution, may be proceeded with and upon as if no change had taken place.
SECTION 280. For the trial and determination of all suits, civil and criminal, begun before the adoption of this constitution, the several courts of this State shall continue to exercise in said suits the powers and jurisdictions heretofore exercised by them; for all other matters said courts are continued as organized courts under this constitution, with such powers and jurisdiction as is herein conferred on them respectively.
SECTION 281: All fines, penalties, forfeitures and escheats accruing to the State of Mississippi under the constitution and laws heretofore in force shall accrue to the use of the State of
.
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Mississippi under this constitution, except as herein otherwise provided.
SECTION 282. All recognizances, bonds, obligations, and all other instruments entered into, or executed, before the adoption of this constitution, to the State of Mississippi, or to any State, county, public or municipal officer or body, shall remain binding and valid, and the rights and liabilities upon the same shall be continued, and may be prosecuted as provided by law.
SECTION 283. All crimes and misdemeanors and penal actions shall be tried, prosecuted and punished as though no change had taken place, until otherwise provided by law.
SECTION 284. All officers, State, district, county, and municipal, now in office in this State shall be entitled to hold the respective offices now held by them, except as herein otherwise provided, and until the expiration of the time for which they were respec- tively elected or appointed; and shall receive the compensation and fees now fixed by the statute laws in force when this consti- tution is adopted.
SECTION 285. The adoption of this constitution shall not have the effect, nor shall it be construed, to revive or put in force any law heretofore abrogated or repealed.
This Constitution, adopted by the people of Mississippi in conven- tion assembled, shall be in force and effect from and after this, the first day of November, A. D. 1890.
ORDINANCES .- ELECTION ORDINANCE.
SECTION 1. All ballots in all elections held in this State shall be printed and distributed at public expense, as hereinafter pro- vided, and shall be known as "official ballots." The expense of printing all such ballots shall be paid out of the respective county treasuries, except that in municipal elections such expenses shall be paid by the respective cities or towns.
SECTION 2. The ballots printed for use under this ordinance shall contain the names of all the candidates who have been put in nomination not less than fifteen days previous to the day of election, by any convention, or other nominating body, or at a primary election of any political party in this State. It shall be the duty of one of the commissioners of election, designated for that purpose in his commission by the authority appointing said commissioner, to have printed all necessary ballots for use in said elections, except ballots in municipal elections, which shall be printed as herein provided by the authorities of the respective municipalities; and said officer shall cause to be printed by a printer, sworn to keep secret said ballots under penalties to be prescribed by law, the names of all candidates so nominated, upon the written request of any one or more of the candidates so nominated, or of any qualified elector who will affirm that he was a member of such convention or other nomi-
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STATE OF MISSISSIPPI
nating body, or participant in such primary election, and that the name presented by him was the nominee of said convention or nominating body, or primary election. Said commissioner shall also cause to be printed on said ballots the name of any qualified elector who has been requested to be a candidate for any office by a written petition signed by at least fifteen qualified electors, for any beat office or municipal office in any town of less than two hundred inhabitants, or fifty qualified electors for any other office, and when said petition or request has been pre- sented to said commissioner not less than fifteen days before the election; but if any qualified elector has been nominated as aforesaid, or has been requested to be a candidate as above specified less than fifteen days before any election, then the names of such candidates shall not be printed upon said ballots. There shall be on said ballots one blank space under the title of each office to be voted for, and in the event of the death of any candidate whose name shall have been printed on the official ballot, the name of the candidate duly substituted in place of such deceased candidate may be written in such blank space by the voter.
SECTION 3. After the proper officer has been notified of the nomination, as hereinbefore specified, of any candidate for office, said officer shall not omit the name from the ballot unless upon the written request of the candidate so nominated, made at least ten days before the election.
SECTION 4. Every ballot printed by virtue of this ordinance shall contain the names of all candidates nominated as herein- before specified and not duly withdrawn. The arrangement of the names of all of the candidates and the order in which the titles of the various officers to be voted for shall be made, and the size, print and quality of the official ballot is left to the sound judgment of the officer charged with printing said ballots; but the arrangement need not be uniform. It shall be the duty of the secretary of state, with the approval of the governor, to furnish the commissioners of the several counties a sample of an official ballot, the general form of which shall be followed as nearly as practicable. Whenever the question of a constitutional amendment or other question or matter, admitting of an affirma- tive or negative vote, is submitted to a vote of the electors, such amendment, question or matter shall be printed on said official ballot, together with the names of the candidates, if any, and also the words yea and nay, to be arranged by the proper officer so that the voter can intelligently vote his preference by making a cross mark (x) opposite the word indicating his preference; immediately following the title of each office shall be printed the words "Vote for one," or "Vote for two," or more according to the number to be elected. On the back and outside of the ballot shall be printed " official ballot," the name of the voting
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precinct or place for which said ballot is prepared, and the date of the election.
SECTION 5. All official ballots intended for use at any voting precinct or place of voting shall be fastened together in con- venient numbers and in some secure manner, but in such way that such ballots may be detached for use. A record of the num- ber of official ballots printed and furnished to each voting pre- cinct or place of voting shall be kept, and all such ballots accounted for by the officer or officers in each county charged with the printing of ballots.
SECTION 6. The officers charged with distributing or printing and distributing the official ballots shall ascertain from the cir- cuit clerk or other proper officer, at least ten days before the day of election, the number of registered voters in each election district, and shall also prepare full instructions for the guidance of electors at elections as to obtaining ballots, as to the manner of marking them, and as to obtaining new ballots in place of those accidentally spoiled, and such instructions shall be printed in large, clear type, on " cards of instruction," and said commis- sioners shall furnish the same in sufficient numbers for the use of electors, and said cards shall be preserved by all officers of elections as far as practicable, and returned by them to the com- missioners of election, and may be used, if applicable, in subse- quent elections.
SECTION 7. The said commissioner of election shall appoint one or more deputy commissioners, from the respective election districts, and deliver to them the proper number of ballots and cards of instruction, not less than one day before the election, and the deputy commissioners so selected to receive said ballots shall be conservators of the peace, and shall take an oath, to be administered by said commissioner, faithfully to perform their duties, and not to attempt to guide, direct, or influence any voter in the exercise of his right to vote.
SECTION S. In case the official ballot prepared shall be lost or destroyed, or in case of the death of any candidate whose name has been printed on the official ballot, the said commissioner, or his deputy, shall have like ballots furnished in place of those lost or destroyed, if time remains therefor. If from any cause there should be no official ballot at a precinct and no sufficient time in which to have them printed, such ballots may be written; but, if written by any one except the voter alone, for himself, the names of all candidates shall be written thereon without any special mark or device by which one name may be distinguished from another, and such tickets shall be marked by the voter as provided for printed ballots. Within three days after election day the inspectors shall report in writing to the commissioners of election, under cath, the loss of the official ballots, the num- ber lost, and all facts connected therewith, which report the commissioners may deliver to the grand jury if deemed advisable.
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1 SECTION 9. The deputy commissioners receiving the ballots from said commissioner shall distribute the same to the electors of the proper districts in the manner herein provided; and in case the said deputy commissioner shall fail to have said ballots at the election precincts at the proper time, or, if there, he shall fail to distribute the same, the inspectors of election, or those of them present at the election, shall provide said ballots and select some suitable person to distribute the same according to law, who shall take the oath required to be taken by the person to whom the said commissioner delivered said ballots, to be administered by any one of said inspectors.
SECTION 10. The sheriffs of the several counties in this State shall procure for their respective counties a sufficient number of voting compartments, shelves, and tables for the use of electors, which shall be so arranged that it shall be impossible for one voter at one table, shelf, or compartment to see another voter who is preparing his ballot. The number of such voting shelves, tables, or compartments shall not be less than one for every one hundred electors at each voting precinct. Each shelf, table, and compartment shall be kept furnished with a. card of instruction posted in each compartment, and proper supplies and con- veniences for marking the ballots by electors.
SECTION 11. The deputy commissioners having the official ballots shall remain at a place convenient to the tables, shelves, and compartments, for the distribution of ballots. When requested by each of the voters, the deputy commissioners afore- said shall hand him an official ballot.
SECTION 12. On receiving his ballot the voter shall forthwith go into one of the voting compartments, and shall prepare his ballot by marking with ink, in the appropriate margin or place, a cross (x) opposite the name of the candidate of his choice, for each office to be filled, or by filling in the name of the candidate substituted in the blank space as provided therefor, and marking a cross (x) opposite thereto, and likewise a cross (x) opposite the answer he desires to give in case of an election on a constitu- tional amendment or other question or matter. Before leaving the voting shelf, table, or compartment, the voter shall fold his ballot without displaying the marks thereon, but so that the words "official ballot," followed by the designation of the election precinct for which the ballot is prepared and the date of the election, shall be visible to the officers of the election. He shall then cast his ballot in the manner provided by law, which shall be done without undue delay, and the voter shall then quit the said inclosed place as soon as he has voted. No voter shall be allowed to occupy a voting shelf, table, or com- partment already occupied by another voter, nor longer than ten minutes if other voters are not waiting, nor longer than five minutes in case other voters are waiting. No person shall be allowed in the room in which said ballot.boxes or compartments,
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tables, and shelves are, except the officers of election and the person distributing the ballots, and those appointed by the officers holding the election, to aid them therein.
SECTION 13. No person shall take or remove any ballot from a polling place before the close of the polls. If any voter spoils a ballot he may obtain others, one at a time, not exceeding three in all, upon returning each spoiled one.
SECTION 14. Any voter who declares to the person or persons having the official ballots, that by reason of blindness or other physical disability he is unable to mark his ballot, shall upon request secure the assistance of said person or one of the election inspectors in the marking thereof; and such person or officer shall certify on the outside of said ballot that it was marked with his assistance, and shall not otherwise give information in regard to the same.
SECTION 15. If the voter marks more names than there are persons to be elected to an office, or if for any reason it is im- possible to determine from the ballot the voter's choice for any office voted for, his ballot so cast shall not be counted. No ballot not provided in accordance with this ordinance shall be deposited or counted.
SECTION 16. Any voter who shall, except as herein provided, allow his ballot to be seen by any person or who shall make a false statement as to his inability to mark his ballot, or who shall place any mark upon his ballot by which it may be after- wards identified as the one voted by him, or any person who shall interfere or attempt to interfere with any voter when inside said inclosed space or when marking his ballot, or who shall endeavor to induce any voter before voting to show how he marks or has marked his ballot, shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, and the election officers shall cause any person so doing to be arrested and carried before the proper officer or tribunal for commitment and trial for such offence.
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