USA > Wisconsin > The Wisconsin blue book 1919 > Part 4
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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-Governor shall be impeached, dis- placed, 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, as amended by a vote of the people at the General Election, November 2, 1869.]
SECTION 9. The Lieutenant-Governor shall receive, during his continu- ance in office an annual compensation of one thousand dollars.
[Section 10, as amended by a vote of the people at the General Election, November 3, 1908.]
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 return 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 reconsideration, 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 six 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 a 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 Legis- lature, a Secretary of State, Treasury 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 Legislature and Executive department of the State, and shall, when required, lay the same 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 govern- ment.
SECTION 3. The powers, dutics and compensation of the Treasurer and Attorney General shall be prescribed by law.
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CONSTITUTION OF THE STATE OF WISCONSIN.
[Section 4, as amended by a vote of the people at the General Election, November 7, 1882.]
SECTION 4. Sheriffs, coroners, registers of deeds, district attorneys, and all other county officers, except judicial officers shall be chosen by the electors of the respective counties, once in every two years. Sheriffs shall hold no other office and be ineligible for two years next succeed- ing the termination of their offices; they' may be required by law to re- new their security from time to time, and in default of giving such new security their office shall be deemed vacant, but the county shall never be made responsible for the acts of the sheriff. The governor may re- move any officer in this section mentioned, giving to such a copy of the charges against him and an opportunity of being heard in his defense. All vacancies shall be filled by appointment and the person appointed to fill a vacancy shall hold only for the unexpired portion of the term to which he shall be appointed, and until his successor shall be elected and qualified.
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 impeach- ment 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 impeached, until his acquittal. Before the trial of an impeachment, the members of the court shall take an oath or affirma- tion, truly and impartially to try the impeachment according to evi - dence; 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 according 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. Proveded, that the jurisdiction which may be vested in municipal courts, shall not exceed, in their respective municipalities, that of circuit courts, in their respective cir- cuits, as provided in this constitution: And that the Legislature 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 court.
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 gen- eral 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 deter- mine the same.
[Section 4, as amended by a vote of the people at an election held April 7, 1903.]
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WISCONSIN BLUE BOOK.
SECTION 4. The chief justice and associate justices of the supreme court shall be severally known as justices of said court, with the same terms of office of ten years respectively as now provided. The supreme court shall consist of seven justices, any four of whom shall be a quorum, to be elected as now provided, not more than one each year. The justice having been longest a continuous member of said court, or in case two or more such senior justices shall have served for the same length of time, then the one whose commission first expires shall be ex officio, the chief justice.
SECTION 5. The state shall be divided into five judicial circuits, to be composed as follows: The first circuit shall 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, LaFayette, 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 practi- cable, 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 pro- vided for judges of the circuit court.
[Section 7, as amended by a vote of the people at an election held April 6, 1897.]
SECTION 7. For each circuit there shall be chosen by the qualified electors thereof, one circuit judge, except that in any circuit composed of one county only, which county shall contain a population, according to the last state or United States census, of one hundred thousand in- habitants or over, the Legislature may from time to time authorize ad- ditional circuit judges to be chosen. Every circuit judge shall reside in the circuit from which he is elected and shall hold his office for such term and receive such compensation as the Legislature shall prescribe.
PROPOSED AMENDMENT.
(To amend sections 6 and 7, of article VII, of the constitution of the State of Wisconsin, relating to Circuit Judges.
Resolved by the Assembly, the Senate concurring, that section 6, article VII and Section 7, article VII, of the constitution be amended to read: (Article VII) Section 6. The legislature may alter the limits, decrease or increase the number of circuits, making them as compact and convenient as practicable, and bounding them by county lines: but no such alteration, decrease 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 herein provided for judges of the circuit court.
SECTION 7. For each circuit there shall be chosen by the qualified electors thereof, one or more circuit judges + as the legislature may, from, time to time, authorize. * *
* Every circuit judge shall reside in the circuit from which he is elected and shall hold his office for such term and receive such compensation as the legislature shall prescribe.)
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CONSTITUTION OF THE STATE OF WISCONSIN.
SECTION 8. The circuit courts shall have original jurisdiction in all matters civil and criminal within this state, not excepted in this con- stitution, 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 circuit courts, such vacancy shall be filled by an appoint- ment 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 at such time as the Legislature shall fix, 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 government 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 or- ganized 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, as amended by a vote of the people at the General Election, November 7, 1882.]
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 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 legislature may require. The supreme court shall appoint its own clerk, and a clerk of the circuit court may be appointed a clerk 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 elected 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 successors 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 meeting, and the electors of cities and villages, at their charter elections,
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shall in such manner as the Legislature may direct, elect justices of the peace, whose term of office shall be for two years, and until their suc- cessors 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 for the residue of the unexpired term. Their number and classification 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 conciliation, 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 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 com- menced, or prosecuted in the municipal, inferior, or circuit courts, which shall constitute a fund to be applied toward the payment of the salary of 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 here- by prohibited.
SECTION 20. Any suitor, in any court of 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 pub- lication 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 commis- sioners, 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 com- mission shall terminate upon the rendering of the report, unless other- wise 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 person such judicial powers as shall be prescribed by law. Provided, that said power shall not exceed that of a judge of a circuit court at chambers.
ARTICLE VIII.
FINANCE.
[ Section 1, as amended by a vote of the people at the General Election, November 3, 1908.]
SECTION 1. The rules of taxation shall be uniform, and taxes shall be levied upon such property as the legislature shall prescribe. Taxes may also be imposed on incomes, privileges and occupations, which taxes may be graduated and progressive, and reasonable exemptions may be provided.
[Section 2, as amended by a vote of the people at the General Election, November 6, 1877.]
SECTION 2. No money shall be paid out of the treasury, except in pur- suance of an appropriation by law. No appropriation shall be made for
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CONSTITUTION OF THE STATE OF WISCONSIN.
the payment of any claim against the state, except claims of the United States and judgments, unless filed within six years after the claim ac- crued.
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 manner herein provided.
SECTION 5. The legislature shall provide for an annual tax sufficient to defray the estimated 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 contract public debts (but such debts shall never in the aggregate exceed one hundred thousand 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 to pay the annual interest of such debt, and the principal within five years from the passage of such law, and shall specially ap- propriate the proceeds of such taxes to the payment of such principal and interest; 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 insurrection, 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 pasage 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 script, certificate, or other evidence of state debt, what- soever, shall be issued, except for such debts as are authorized by the sixth and seventh sections of this article.
[Section 10, as amended by a vote of the people at the General Election. November 3, 1908.]
SECTION 10. The state shall never contract any debt for works of in- ternal improvement, or be a party in carrying on such works, but when- ever grants of land or other property shall have been made to the state. especially dedicated by the grant to particular works of internal improve- ment, 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.
Provided that the state may appropriate money in the treasury or to be thereafter raised by taxation for the construction or improvement of public highways.
[Further amended November 1910, by adding thereto the following:]
Provided, that the state may appropriate moneys, for the purpose of acquiring, preserving, and developing the water power and the forests of the state; but there shall not be appropriated under the authority of- this section in any one year an amount to exceed two-tenths of one mill of the taxable property of the state as determined by the last pre- ceding state assessment.
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WISCONSIN BLUE BOOK.
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 to all lands and other property which have ac- crued to the territory 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, as amended by vote of the people at the General election, November 4, 1902.]
SECTION 1. The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct; and their qualifications, powers, duties and compensation shall be prescribed by law. The state superintendent shall be chosen by the qualified electors of the state at the same time and in the same manner as members of the supreme court, and shall hold his office for four years from the succeeding first Monday in July. The state superin- tendent chosen at the general election in November, 1902, shall hold and . continue in his office until the first Monday in July, 1905, and his suc- cessor shall be chosen at the time of the judicial election in April, 1905. The term of office, time and manner of electing or appointing all other officers of supervision of public instruction shall be fixed by law.
SECTION 2. The proceeds of all lands, that have been or hereafter may be granted by the United States to this state for educational purposes (except the lands heretofore granted for the purposes of a University) and all monies, and the clear proceeds of all property that may accrue to the state by forfeiture or escheat, and all monies which may be paid as an equivalent for exemption from military duty; and the clear pro- ceeds of all fines collected, in the several counties, for any breach of the penal laws and all monies arising from any grant to the state where the purposes of such grant are not specified, and the five hundred thousand acres of land, to which the state is entitled by the provisions of an act of congress entitled "An Act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights," approved the fourth day of September, one thousand eight hundred and forty- one; and also the five per-centum, of the net proceeds of the public lands, to which the state shall become entitled on her admission into the Union (if congress shall consent to such appropriation of the two grants last mentioned) shall be set apart as a separate fund, to be called "the school fund," the interest of which and all other revenues derived from the school lands, shall be exclusively applied to the following objects, to wit:
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