USA > Wisconsin > The Wisconsin blue book 1919 > Part 3
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offense shall have been committed; which county or district shall have been previously ascertained by law.
[Section 8, as amended by a vote of the people at the General Election, November 8, 1870.]
SECTION 8. No person shall be held to answer for a criminal offense without due process of law, and no person for the same offense shall be put twice in jeopardy of punishment nor shall be compelled in any crim- inal case to be a witness against himself. All persons shall before con- viction be bailable by sufficient sureties except for capital offenses, when the proof is evident or the presumption great and the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it.
SECTION 9. Every person is entitled to a certain remedy in the laws. for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.
SECTION 10. Treason against the State shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testi- mony of two witnesses to the same overt act, or on confession in open sourt.
SECTION 11. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated; and no warrants shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
SECTION 12. No bill of attainder, ex-post facto law, nor any law im- pairing the obligation of contracts shall ever be passed, and no con- viction shall work corruption of blood, or forfeiture of estate.
SECTION 13. The property of no person shall be taken for public use without just compensation therefor.
SECTION 14. All lands within the State are declared to be allodial, and feudal tenures are prohibited; leases and grants of agricultural land, for a longer term than fifteen years, in which rent, or service of any kind shall be reserved, and all fines and like restraints upon aliena - tion, reserved in any grant of land, hereafter made, are declared to be void.
SECTION 15. No distinction shall ever be made by law, between resi- dent aliens and citizens, in reference to the possession, enjoyment, or descent of property.
SECTION 16. No person shall be imprisoned for debt arising out of, or founded on a contract, expressed or implied.
SECTION 17. The privilege of the debtor to enjoy the necessary com- forts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure, or sale for the payment of any debt, or liability hereafter contracted.
SECTION 18. The right of every man to worship Almighty God, ac- cording to the dictates of his own conscience, shall never be infringed, nor shall any man be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments, or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious, or theological semi- naries.
SECTION 19. No religious test shall ever be required as a qualification for any office of public trust under the State, and no person shall be rendered incompetent to give evidence.in any court of law, or equity, in consequence of his opinions on the subject of religion.
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SECTION 20. The military shall be in strict subordination to the civil power.
SECTION 21. Writs of error shall never be prohibited by law.
SECTION 22. The blessings of a free government can only be main- tained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.
ARTICLE II.
BOUNDARIES.
SECTION 1. It is hereby ordained and declared, that the State of Wis- consin doth consent and accept of the boundaries prescribed in the act of Congress entitled "An act to enable the people of Wisconsin Territory to form a Constitution and State government, and for the admission of such State into the Union," approved August sixth, one thousand eight hundred and forty-six, to wit: Beginning at the northeast corner of the State of Illinois-that is to say; at a point in the center of Lake Mich- igan, where the line of forty-two degrees and thirty minutes of north latitude crosses the same; thence running with the boundary line of the State of Michigan, through Lake Michigan, Green Bay, to the mouth of the Menomonie river; thence up the channel of the said river to the Brule river; thence up said last mentioned river to Lake Brule; thence along the southern shore of Lake Brule in a direct line to the center of the channel between Middle and South Islands, in the Lake of the Desert; thence in a direct line to the head waters of the Montreal river, as marked upon the survey made by Captain Cramm; thence down the main channel of the Montreal river to the middle of Lake Superior; thence through the center of Lake Superior to the mouth of the St. Louis river; thence up the main channel of said river to the first rapids in the same, above the Indian village, according to Nichollet's map; thence due south to the main branch of the river St. Croix; thence down the main chan- nel of said river to the Mississippi; thence down the center of the main channel of that river to the northwest corner of the State of Illinois; thence due east with the northern boundary of the State of Illinois to the place of beginning, as established by "an act to enable the people of the Illinois Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States," approved April 18th, 1818. * [Provided, however, that the following alteration of the aforesaid boundary be, and hereby is pro- posed to the Congress of the United States as the preference of the State of Wisconsin, and if the same shall be assented and agreed to by the Congress of the United States, then the same shall be and forever re- main obligatory on the State of Wisconsin, viz .: Leaving the aforesaid boundary line at the foot of the rapids of the St. Louis river; thence in a direct line, bearing south-westerly, to the mouth of the Iskodewabo, or Rum river, where the same empties into the Mississippi river, thence down the main channel of said Mississippi river as prescribed in the aforesaid boundary.]
SECTION 2. The propositions contained in the act of Congress are here- by accepted, ratified and confirmed, and shall remain irrevocable with- out the consent of the United States; and it is hereby ordained that this State shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to bona-fide purchasers thereof; and no tax shall be imposed on land, the property of the United
*The proposal contained in the bracket was rejected by the Act of May 29, 1848, admitting the State ..
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CONSTITUTION OF THE STATE OF WISCONSIN.
States; and in no case shall nonresident proprietors be taxed higher than residents. Provided, that nothing in this Constitution, or in the Act of Congress aforesaid, shall in any manner prejudice, or affect the right ' of the State of Wisconsin to five hundred thousand acres of land, granted to said state, and to be hereafter selected and located by and under the Act of Congress entitled "An act to appropriate the pro- ceeds of the sales of the public lands, and grant pre-emption rights," approved September fourth, one thousand eight hundred and forty- one.
ARTICLE III.
SUFFRAGE.
[Section 1, as amended by a vote of the people at the General Elec- tion, November 7, 1882, and November 3, 1908.]
SECTION 1. Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the State for one year next preceding any election, and in the election district where he offers to vote, such time as may be pre- scribed by the Legislature not exceeding thirty days shall be deemed a qualified elector at such election.
1. Citizens of the United States.
2. Persons of foreign birth who, prior to the first day of December, A. D. 1908, shall have declared their intentions to become citizens conformable to the laws of the United States on the subject of nat- uralization, provided that the rights hereby granted to such persons shall cease on the first day of December, A. D. 1912.
3. Persons of Indian blood who have once been declared by law of congress to be citizens of the United States, any subsequent law of congress to the contrary notwithstanding.
4. Civilized persons of Indian descent not members of any tribe; provided that the legislature may at any time extend, by law, the right of suffrage to persons not herein enumerated, but no such law shall be in force until the same shall have been submitted to a vote of the people at a general election, and approved by a majority of all the votes cast at such election; and provided further, that in incorpo- rated cities and villages, the legislature may provide for the registration of electors and prescribe proper rules and regulations therefor.
SECTION 2. No person under guardianship, non-compos mentis, or insane, shall be qualified to vote at any election; nor shall any person convicted of treason, or felony, be qualified to vote at any election, unless restored to civil rights.
SECTION 3. All votes shall be given by ballot, except for such town- ship officers as may by law be directed, or allowed to be otherwise chosen.
SECTION 4. No person shall be deemed to have lost his residence in this State, by reason of his absence on business of the United States, or of this State.
SECTION 5. No soldier, seaman, or marine in the army or navy of the United States shall be deemed a resident of this State, in conse- quence of being stationed within the same.
SECTION 6. Laws may be passed excluding from the right of suf- frage all persons who have been or may be convicted of bribery, or larceny, or of any infamous crime, and depriving every person who shall make, or become directly, or indirectly interested, in any bet or wager depending upon the result of any election, from the right to vote at such election.
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WISCONSIN BLUE BOOK.
ARTICLE IV.
LEGISLATIVE.
SECTION 1. The legislative power shall be vested in a Senate and Assembly.
SECTION 2. The number of the members of the Assembly shall never be less than fifty-four, nor more than one hundred. The Senate shall consist of a number not more than one-third, nor less than one- fourth of the number of the members of the Assembly.
[Section 3, as amended by a vote of the people at the General Elec- tion, November 8, 1910.]
SECTION 3. At their first session after each enumeration, made by the authority of the United States, the legislature shall apportion and district anew the members of the Senate and Assembly, according to the number of inhabitants, excluding Indians not taxed, and sol- diers and officers of the United States Army and Navy.
[Section 4, as amended by a vote of the people at the General Elec- tion, November 8, 1881.]
SECTION 4. The members of the assembly shall be chosen bien- nially, by single districts, on the Tuesday succeeding the first Mon- day, of November, after the adoption of this amendment, by the quali- fied electors of the several districts, such districts to be bounded by county, precinct, town or ward lines, to consist of contiguous terri- tory, and be in as compact form as practicable.
[Section 5, as amended by a vote of the people at the General Elec- tion, November 8, 1881.]
SECTION 5. That senators, shall be elected by single districts of convenient contiguous territory, at the same time and in the same manner as members of the assembly are required to be chosen, and no assembly district shall be divided in the formation of a senate district. The senate districts shall be numbered in the regular series, and the senators shall be chosen alternately from the odd and even-num- bered districts. The Senators elected or holding over at the time of the adoption of this amendment shall continue in office till their suc- cessors are duly elected and qualified; and after the adoption of this amendment all senators shall be chosen for the term of four years.
SECTION 6. No person shall be eligible to the Legislature; who shall not have resided one year within the State, and be a qualified elector in the district which he may be chosen to represent.
SECTION 7. Each house shall be the judge of the elections, returns and qualifications of its own members; and a majority of each 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.
SECTION 8. Each house may determine the rules of its own pro- ceedings, punish for contempt and disorderly behavior, and with the concurrence of two-thirds of all the members elected, expel a member; but no member shall be expelled a second time for the same cause.
SECTION 9. Each house shall choose its own officers, and the Sen- ate shall choose a temporary president, when the Lieutenant-Govern- or shall not attend as president, or shall act as Governor.
SECTION 10. Each house shall keep a journal of its proceedings and publish the same, except such parts as require secrecy. The doors of each house shall be kept open except when the public welfare shall require secrecy. Neither house shall, without consent of the other, adjourn for more than three days.
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CONSTITUTION OF THE STATE OF WISCONSIN.
[Section 11, as amended by a vote of the people at the General Election, November 8, 1881.]
SECTION 11. The legislature shall meet at the seat of government at such time as shall be provided by law once in two years, and no oftener, unless convened by the Governor, in special session, and when so convened no business shall be transacted except as shall be neces- sary to accomplish the special purposes for which it was convened.
SECTION 12. No member of the Legislature shall, during the term for which he was elected, be appointed or elected to any civil office in the State, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected.
SECTION 13. No person being a member of Congress or holding any military or civil office under the United States, shall be eligible to a seat in the Legislature, and if any person shall, after his election, as a member of the Legislature, be elected to Congress, or be appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat.
SECTION 14. The Governor shall issue writs of election to fill such vacancies as may occur in either house of the Legislature.
SECTION 15. Members of the Legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the Legislature, nor for fifteen days next before the commencement and after the termination of each session.
SECTION 16. No member of the Legislature shall be liable in any civil action, or criminal prosecution whatever, for words spoken in debate.
SECTION 17. The style of the laws of the State shall be "The people of the State of Wisconsin, represented in senate and assembly, do enact as follows:" and no law shall be enacted except by bill.
SECTION 18. No private or local bill which may be passed by the Legislature shall embrace more than one subject, and that shall be expressed in the title.
SECTION 19. Any bill may originate in either house of the Legisla- ture, and a bill passed by one house may be amended by the other.
SECTION 20. The yeas and nays of the members of either house, on any question shall, at the request of one-sixth of those present, be entered on the journal.
[Section 21, as amended by a vote of the people at the General Elec- tion, November 8, 1881.]
SECTION 21. Each member of the legislature shall receive for his services, for and during a regular session, the sum of five hundred dollars, and ten cents for every mile he shall travel in going to and returning from the place of meeting of the legislature on the most usual route. In case of an extra session of the legislature, no ad- ditional compensation shall be allowed to any member thereof, either directly or indirectly, except for mileage to be computed at the same rate as for a regular session. No stationery, newspapers, postage or other perquisite except the salary and mileage above provided, shall be received from the state by any member of the Legislature for his services, or in any other manner as such member.
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WISCONSIN BLUE BOOK.
PROPOSED AMENDMENT
(To amend section 21 of article IV of the constitution, relating to com- pensation of members of the legislature.
Resolved by the Assembly, the Senate concurring, That section 21 of article IV of the constitution be amended to read: (Article IV) Section 21. Each member of the legislature shall receive for his services * * *
* * to be paid at such times and in such manner as shall be prescribed by law. * * The compensation prescribed * such sum * for members of the legislature immediately prior to the adoption of this amendment shall continue in force until changed by the legislature in a manner consistent with the other provisions of this constitution.)
SECTION 22. The Legislature may confer upon the boards of super- visors of the several counties of the State, such powers of a local, leg- islative and administrative character, as they shall from time to time prescribe.
SECTION 23. The Legislature shall establish but one system of town and county government, which shall be as nearly uniform as practicable.
SECTION 24. The Legislature shall never authorize any lottery, or grant any divorce. ยท
SECTION 25. The Legislature shall provide by law, that all stationery required for the use of the State, and all printing authorized and required by them to be done for their use, or for the State, shall be let by contract to the lowest bidder, but the Legislature may establish a maximum price; no member of the Legislature, or other state officer, shall be inter- ested, either directly or indirectly, in any such contract.
SECTION 26. The Legislature shall never grant any extra compensa- tion to any public officer, agent, servant, or contractor, after the services shall have been rendered, or the contract entered into; nor shall the com - pensation of any public officer be increased, or diminished during his term of office.
SECTION 27. The Legislature shall direct by law in what manner and in what courts, suits may be brought against the State.
SECTION 28. Members of the Legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall before they enter upon the duties of their respective offices, take and subscribe an oath, or affirmation to support the Constitution of the United States, and the Constitution of the State of Wisconsin, and faith- fully to discharge the duties of their respective offices to the best of their ability.
SECTION 29. The Legislature shall determine what persons shall con- stitute the militia of the State, and may provide for organizing and dis- ciplining the same in such manner as shall be prescribed by law.
SECTION 30. In all elections to be made by the Legislature, the mem- bers thereof shall vote viva voce, and their votes shall be entered on the journal.
[Sections 31 and 32, as amended by a vote of the people at the General Election, November 7, 1871, and amendment to section 31, adopted No- vember 8, 1892.]
SECTION 31. The Legislature is prohibited from enacting any special or private laws in the following cases: 1st. For changing the name of persons or constituting one person the heir-at-law of another. 2nd. For laying out, opening or altering highways, except in cases of state roads extending into more than one county, and military roads to aid in the
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CONSTITUTION OF THE STATE OF WISCONSIN.
construction of which lands may be granted by Congress. 3rd. For au- thorizing persons to keep ferries across streams at points wholly within this state. 4th. For authorizing the sale or mortgage of real or personal property of minors or others under disability. 5th. For locating or changing any county seat. 6th. For assessment or collection of taxes or for extending the time for the collection thereof. 7th. For granting . corporate powers or privileges except to cities. 8th. For authorizing the apportionment of any part of the school fund. 9th. For incorpo- rating any city, town or village, or to amend the charter thereof.
SECTION 32. The Legislature shall provide general laws for the trans - action of any business that may be prohibited by section thirty-one of this article, and all such laws shall be uniform in their operations throughout the state.
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 electors of the state, at the times and places of choosing members of the Legislature. The persons respectively having the high - est number of votes for Governor and Lieutenant-Governor, shall be elected; but in case two or more shall have an equal and the highest number of votes for Governor, or Lieutenant-Governor, the two houses of the Legislature, 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 power to convene the Leg- islature on extraordinary occasions, and in case of invasion, or danger from the prevalence of contagious disease at the seat of 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 matters 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 ex- pedite all such measures as may be resolved upon by the Legislature, and shall take care that the laws be faithfully executed.
[Section 5, as amended by a vote of the people at the General Election, November 2, 1869.]
SECTION 5. The Governor shall receive, during his continuance in office, an annual compensation of five thousand dollars which shall be in full for all traveling or other expenses incident to his duties.
SECTION 6. The Governor shall have power to grant reprieves, com- mutations and pardons after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restric- tions and limitations as he may think proper, subject to such regula- tions as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have the power to sus- pend the execution of. the sentence, 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
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WISCONSIN BLUE BOOK.
Legislature 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, and the date of the commutation, pardon or reprieve, with his reasons for granting the same.
SECTION 7. In case of the impeachment of the Governor, or his re- moval from office, death, inability from mental or physical disease, res- ignation, 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 disability 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.
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