USA > Wisconsin > The Wisconsin blue book 1889 > Part 4
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68
SECTION 29. The Legislature shall determine what persons shall constitute the militia of the State, and may provide for organizing and disciplining the same, in such manner as shall be prescribed by law.
SECTION 30. In all elections to be made by the Legislature, the members thereof shall vote viva voce, and their votes shall be entered on the journal.
ARTICLE V. EXECUTIVE.
SECTION 1. The executive power shall be vested in a Governor who shall hold his office for two years. A Lieutenant Governor shall be elected at the same time, and for the same term.
SECTION 2. No person, except a citizen of the United States, and a qualified elector of the State shall be eligible to the office of Governor or Lieutenant Governor.
SECTION 3. The Governor and Lieutenant Governor shall be elected by the qualified eleo- tors of the State at the times and places of choosing members of the Legislature. The persons respectively having the highest number of votes for Governor and Lieutenant Governor shall be elected. But in case two or more shall have an equal and the higliest number of votes for Governor or Lieutenant Governor, the two Houses of the Legis- lature, at its next annual session, shall forthwith, by joint ballot, choose one of the persons so having an equal and the highest number of votes for Governor or Lieutenant Governor. The returns of election for Governor and Lieutenant Governor shall be made in such manner as shall be provided by law.
SECTION 4. The Governor shall be Commander-in-Chief of the military and naval forces of the State. He shall have the power to convene the Legislature on extraordinary occa- sions; and in case of invasion, or danger from the prevalence of contagious disease at the seat of the Government, he may convene them at any other suitable place within the State. He shall communicate to the Legislature, at every session, the condition of the State, and recommend such matter to them for their consideration, as he may deem expedient. He shall transact all necessary business with the officers of the Government, civil and military. He shall expedite all such measures, as may be resolved upon by the Legislature, and shall take care that the laws be faithfully executed.
SECTION 5. The Governor shall receive during his continuance in office, an annual com- pensation of one thousand two hundred and fifty dollars.
SECTION 6. The Governor shall have power to grant reprieves, commutations, and pardons, after conviction, for all offenses except treason and cases of impeachment, upon such con- ditions 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 Upon conviction for treason, he shall have the power to suspend the execution of the sen- tence until the case shall be reported to the Legislature, at its next meeting, when the Legislature shall either pardon, or commute the sentence, direct the execution of the sentence or grant a further reprieve. He shall annually communicate to the legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the
2
18
WISCONSIN BLUE BOOK.
crime of which he was convicted, the sentence and its date, and the date of the commuta- tion, pardon, or reprieve, with his reasons for granting the same.
SECTION 7. In case of the impeachment of the Governor, or his removal from office, death, inability from mental or physical disease, resignation, or absence from the State. the powers and duties of the office shall devolve upon the Lieutenant Governor, for the residue of the term, or until the Governor, absent or impeached, shall have returned, or the dis- ability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of the military force thereof, he shall continue Commander-in-Chief of the military force of the State.
SECTION 8. The Lieutenant Governor shall be President of the Senate, but shall have only a casting vote therein. If, during a vacancy in the office of Governor, the Lieutenant Gov- ernor shall be impeached, displaced, resign, die, or from mental or physical disease become incapable of performing the duties of his office, or be absent from the State, the Secretary of State shall act as Governor until the vacancy shall be filled, or the disability shall cease.
SECTION 9. The Lieutenant Governor shall receive double the per diem allowance of members of the Senate, for every day's attendance as President of the Senate, and the same mileage as shall be allowed to members of the Legislature.
SECTION 10. Every bill which shall have passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve, he shall sign it; but if not, he shall re- turn it, with his objections, to that House in which it shall have originated, who shall enter the objections at large upon the journal and proceed to reconsider it. If, after such recon- sideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law, unless the Legislature shall, by their adjournment, prevent its return; in which case it shall not be & law.
ARTICLE VI. ADMINISTRATIVE.
SECTION 1. There shall be chosen by the qualified electors of the State, at the times and places of choosing the members of the Legislature, a Secretary of State, Treasurer, and Attorney General, who shall severally hold their offices for the term of two years.
SECTION 2. The Secretary of State shall keep a fair record of the official acts of the Leg- islature and Executive Department of the State, and shall, when required, lay the sanie and all matters relative thereto before either branch of the Legislature. He shall be ex officio auditor, and shall perform such other duties as shall be assigned him by law. He shall receive as a compensation for his services, yearly, such sum as shall be provided by law, and shall keep his office at the seat of government.
SECTION 3. The powers, duties and compensation of the Treasurer and Attorney General shall be prescribed by law.
SECTION 4. Sheriffs, Coroners, Registers of Deeds and District Attorneys shall be chosen by the electors of the respective counties, once in every two years, and as often as vacan- cies shall happen. Sheriffs shall hold no other office, and be ineligible for two years next succeeding the termination of their offices. They may be required by law to renew their security from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the Sheriff. The Governor may remove any officer in this section mentioned, giving to such officer a copy of the charges against him and an opportunity of being heard in his defense.
ARTICLE VII. JUDICIARY.
SECTION 1. The court for the trial of impeachments shall be composed of the Senate. The House of Representatives shall have the power of impeaching all civil officers of this State, for corrupt conduct in office, or for crimes and misdemeanors; but a majority of all the members elected shall concur in an impeachment. On the trial of an impeachment against the Governor, the Lieutenant Governor shall not act as a member of the court. No judicial officer shall exercise his office after he shall have been finpeached, until his acquit-
19
CONSTITUTION OF WISCONSIN.
tal. Before the trial of an impeachment, the members of the court shall take an oath or affirmation truly and impartially to try the impeachment, according to evidence; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold any office of honor, profit or trust, under the State; but the party impeached shall be liable to indictment, trial and punishment ac- cording to law.
SECTION 2. The judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, Circuit Courts, Courts of Probate, and in Justices of the Peace. The Legislature may also vest such jurisdiction as shall be deemed necessary in Municipal Courts, and shall have power to establish inferior courts in the several counties, with limited civil and criminal jurisdiction. Provided, that the jurisdiction which may be vested in Municipal Courts shall not exceed, in their respective municipalities, that of Cir- cuit Courts in their respective circuits, as prescribed in this Constitution; and that the Leg- islature shall provide as well for the election of judges of the Municipal Courts as of the judges of inferior Courts, by the qualified electors of the respective jurisdictions. The term of office of the judges of the said Municipal and inferior courts shall not be longer than that of the judges of the Circuit Courts.
SECTION 3. The Supreme Court, except in cases otherwise provided in this Constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State; but in no case removed to the Supreme Court, shall a trial by jury be allowed. The Supreme Court shall have a general superintending control over all inferior courts; it shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari and other original and remedial writs, and to hear and determine the same.
SECTION 4. For the term of five years, and thereafter until the Legislature shall other- wise provide, the judges of the several Circuit Courts shall be judges of the Supreme Court, four of whom shall constitute a quorum, and the concurrence of a majority of the judges present shall be necessary to a decision. The Legislature shall have power, if they should think it expedient and necessary, to provide by law for the organization of a separate Supreme Court with the jurisdiction and powers prescribed in this Constitution, to consist of one Chief Justice and two Associate Justices to be elected by the qualified voters of the State, at such time and in such manner as the Legislature may provide. The separate Supreme Court, when so organized, shall not be changed or discontinued by the Legisla- ture; the judges thereof shall be so classified that but one of them shall go out of office at the same time, and their term of office shall be the same as provided for the judges of the Circuit Court. And whenever the Legislature may consider it necessary to establish a sepa- rate Supreme Court, they shall have the power to reduce the number of Circuit Judges to four, and subdivide the Judicial Circuits; but no such subdivision or reduction shall take effect until after the expiration of the term of some one of the said judges, or until & vacancy occur by some other means.
SECTION 5. The State shall be divided into five judicial circuits, to be composed as fol- lows: The First Circuit shail comprise the counties of Racine, Walworth, Rock and Green. The Second Circuit, the counties of Milwaukee, Waukesha, Jefferson and Dane. The Third Circuit, the counties of Washington, Dodge, Columbia, Marquette, Sauk and Portage. The Fourth Circuit, the counties of Brown, Manitowoc, Sheboygan, Fond du Lac, Winnebago and Calumet. And the Fifth Circuit shall comprise the counties of Iowa, La Fayette, Grant, Crawford and St. Croix; and the county of Richland shall be attached to Iowa, the county of Chippewa to the county of Crawford, and the county of La Pointe to the county of St. Croix, for judicial purposes, until otherwise provided by the Legislature.
SECTION 6. The Legislature may alter the limits, or increase the number of circuits, making them as compact and convenient as practicable, and bounding them by county lines, but no such alteration or increase shall have the effect to remove a judge from office. In case of an increase of circuits, the judge or judges shall be elected as provided in this Constitution, and receive a salary not less than that herein provided for judges of the Cir- cuit Court.
SECTION 7. For each circuit there shall be a judge chosen by the qualified electors therein. who shall hold his office as is provided in this Constitution, and until his successor shall be chosen and qualified; and after he shall have been elected, he shall reside in the circuit for which he was elected. One of said judges shall be designated as Chief Justice, in such manner as the Legislature shall provide. And the Legislature shall, at its first session, pro- vide by law, as well for the election of as for classifying the judges of the Circuit Court, to bo elected under this Constitution, in such a manner that one of said judges shall go out of
..
20
WISCONSIN BLUE BOOK.
office in two years, one in three years, one in four years, one in five years and one in six years, and thereafter the judge elected to fill the office shall hold the same for six years.
SECTION 8. The Circuit Courts shall have original jurisdiction in all matters, civil and criminal, within this State, not excepted in this Constitution, and not hereafter prohibited by law, and appellate jurisdiction from all inferior courts and tribunals, and a supervisory control over the same. They shall also have the power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and all other writs necessary to carry into effect their orders, judgments and decrees, and give them a general control over inferior courts and jurisdictions.
SECTION 9. When a vacancy shall happen in the office of Judge of the Supreme or Cir- cuit Courts, such vacancy shall be filled by an appointment of the Governor. which shall continue until a successor is elected and qualified; and when elected, such successor shall hold his office the residue of the unexpired term. There shall be no election for a judge or judges at any general election for State or county officers, nor within thirty days either before or after such election.
SECTION 10. Each of the Judges of the Supreme and Circuit Courts shall receive a salary, payable quarterly, of not less than one thousand five hundred dollars annually; they shall receive no fees of office, or other compensation than their salaries; they shall hold no office of public trust, except a judicial office, during the term for which they are respectively elected, and all votes for either of them, for any office except a judicial office given by the Legislature or the people, shall be void. No person shall be eligible to the office of Judge, who shall not, at the time of his election, be a citizen of the United States, and have attained the age of twenty-five years, and be a qualified elector within the jurisdiction for which he may be chosen.
SECTION 11. The Supreme Court shall hold at least one term annually, at the seat of gov- ernment of the State, at such time as shall be provided by law, and the Legislature may provide for holding other terms, and at other places, when they may deem it necessary. A Circuit Court shall be held at least twice in each year, in each county of this State, organized for judicial purposes. The judges of the circuit court may hold courts for each other, and shall do so when required by law.
SECTION 12. There shall be a clerk of the Circuit Court chosen in each county organized for judicial purposes, by the qualified electors thereof, who shall hold his office for two years, subject to removal, as shall be provided by law. In case of a vacancy, the Judge of the Circuit Court shall have the power to appoint a clerk, until the vacancy shall be filled by an election. The clerk thus elected or appointed shall give such security as the Legisla- ture may require; and when elected, shall hold his office for a full term. The Supreme Court shall appoint its own Clerk, and the Clerk of a Circuit Court may be appointed Cierk of the Supreme Court.
SECTION 13. Any Judge of the Supreme or Circuit Court may be removed from office by address of both Houses of the Legislature, if two-thirds of all the members elect to each House concur therein, but no removal shall be made by virtue of this section, unless the judge complained of shall have been served with a copy of the charges against him as the ground of address, and shall have had an opportunity of being heard in his defense. On the question of removal, the ayes and noes shall be entered on the journals.
SECTION 14. There shall be chosen in each county, by the qualified electors thereof, a Judge of Probate, who shall hold his office for two years, and until his successor shall be elected and qualified, and whose jurisdiction, powers and duties shall be prescribed by law. Provided, however, That the Legislature shall have power to abolish the office of Judge of Probate in any county, and to confer probate powers upon such inferior courts as may be established in said county.
SECTION 15. The electors of the several towns, at their annual town meetings, and the electors of cities and villages, at their charter elections, shall, in such manner as the Legis- lature may direct, elect justices of the peace, whose term of office shall be for two years, and until their successors in office shall be elected and qualified. In case of an election to fill a vacancy occurring before the expiration of a full term, the justice elected shall hold ยท for the residue of the unexpired term. Their number and classifications shall be regulated by law. And the tenure of two years shall in no wise interfere with the classification in the first instance. The justices thus elected shall have such civil and criminal jurisdiction as shall be prescribed by law.
SECTION 16. The Legislature shall pass laws for the regulation of tribunals of concilia- tion, defining their powers and duties. Such tribunals may be established in and for any township, and shall have power to render judgment, to be obligatory on the parties, when
21
CONSTITUTION OF WISCONSIN.
they shall voluntarily submit their matter in difference to arbitration, and agree to abide the judgment, or assent thereto in writing.
SECTION 17. The style of all writs and process shall be, "The State of Wisconsin." All criminal prosecutions shall be carried on in the name and by the authority of the same; and all indictments shall conclude against the peace and dignity of the State.
SECTION 18. The Legislature shall impose a tax on all civil suits commenced or prose- cuted in the municipal, inferior, or circuit courts, which shall constitute a fund to be applied toward the payment of the salary of the judges.
SECTION 19. The testimony in causes in equity shall be taken in like manner as in cases at law; and the office of master in chancery is hereby prohibited.
SECTION 20. Any suitor in any court in this State shall have the right to prosecute or defend his suit either in his own proper person or by an attorney or agent of his choice.
SECTION 21. The Legislature shall provide by law for the speedy publication of all statute laws, and of such judicial decisions made within the State, as may be deemed expedient. And no general law shall be in force until published.
SECTION 22. The Legislature, at its first session after the adoption of this Constitution, shall provide for the appointment of three commissioners, whose duty it shall be to inquire into, revise, and simplify the rules of practice, pleadings, forms, and proceedings, and arrange a system adapted to the courts of record of this State, and report the same to the Legislature, subject to their modification and adoption; and such commission shall term- inate upon the rendering of the report, unless otherwise provided by law.
SECTION 23. The Legislature may provide for the appointment of one or more persons in each organized county, and may vest in such persons such judicial powers as shall be pre- scribed by law. Provided, That said power shall not exceed that of a judge of the Circuit Court at chambers.
ARTICLE VIII. FINANCE.
SECTION 1. The rule of taxation shall be uniform, and taxes shall be levied upon such property as the Legislature shall prescribe.
SECTION 2. No money shall be paid out of the treasury except in pursuance of an appro- priation by law.
SECTION 3. The credit of the State shall never be given or loaned in aid of any individual, association, or corporation.
SECTION 4. The State shall never contract any public debt, except in the cases and man- ner herein provided.
SECTION 5. The Legislature shall provide for an annual tax sufficient to defray the esti- mated expenses of the State for each year; and whenever the expenses of any year shall exceed the income, the Legislature shall provide for levying a tax for the ensuing year, sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing year.
SECTION 6. For the purpose of defraying extraordinary expenditures, the State may con- tract public debts; but such debts shall never, in the aggregate, exceed one hundred thou- sand dollars. Every such debt shall be authorized by law, for some purpose or purposes to be distinctly specified therein; and the vote of a majority of all the members elected to each house, to be taken by yeas and nays, shall be necessary to the passage of such law; and every such law shall provide for levying an annual tax sufficient to pay the annual interest of such debt, and the principal within five years from the passage of such law. and shall specially appropriate the proceeds of such taxes to the payment of such principal and inter- est; and such appropriation shall not be repealed, nor the taxes be postponed or diminished, until the principal and interest of such debt shall have been wholly paid.
SECTION 7. The Legislature may also borrow money to repel invasion, suppress insur- rection, or defend the State in time of war; but the money thus raised shall be applied exclusively to the object for which the loan was authorized, or to the repayment of the debt thereby created.
SECTION 8. On the passage in either house of the Legislature, of any law which imposes, continues or renews a tax, or creates a debt or charge, or makes, continues or renews an appropriation of public or trust money, or releases, discharges or commutes a claim or demand of the State, the question shall be taken by yeas and nays, which shall be duly entered on the journal; and three-fifths of all the members elected to such house, shall in all such cases be required to constitute a quorum therein.
SECTION 9. No scrip, certificate or other evidence of State debt whatsoever, shall be Issued, except for such debts as are authorized by the sixth and seventh sections of this article.
22
WISCONSIN BLUE BOOK.
SECTION 10. The State shall never contract any debt for works of internal improvement, or be a party in carrying on such works; but whenever grants of land or other property shall have been made to the State, especially dedicated by the grant to particular works of Internal improvement, the State may carry on such particular works, and shall devote thereto the avails of such grants, and may pledge or appropriate the revenues derived from such works in aid of their completion.
ARTICLE IX.
EMINENT DOMAIN AND PROPERTY OF THE STATE.
SECTION 1. The State shall have concurrent jurisdiction on all rivers and lakes bordering on this State, so far as such rivers or lakes shall form a common boundary to the State, and any other State or Territory now or hereafter to be formed and bounded by the same. And the river Mississippi and the navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the State as to the citizens of the United States, without any tax, Impost, or duty therefor.
SECTION 2. The title of all lands and other property, which have accrued to the Terri- tory of Wisconsin by grant, gift, purchase, forfeiture, escheat or otherwise, shall vest in the State of Wisconsin.
SECTION 3. The people of the State, in their right of sovereignty, are declared to possess the ultimate property in and to all lands within the jurisdiction of the State; and all lands, the title to which shall fail from a defect of heirs, shall revert or escheat to the people.
ARTICLE X. EDUCATION.
SECTION 1. The supervision of public instruction shall be vested in a State Superintend- ent, and such other officers as the Legislature shall direct. The State Superintendent shall be chosen by the qualified electors of the State, in such manner as the Legislature shall pro- vide; his powers, duties and compensation shall be prescribed by law. Provided, That his compensation shall not exceed the sum of twelve hundred dollars annually.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.