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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
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 Sen- ate shall consist of a number not more than one-third, nor less than one-fourth of the number of the members of the Assembly.
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Section 3. The Legislature shall provide by law for an enumera- tion of the inhabitants of the State in the year one thousand eight hundred and fifty-five, and at the end of every ten years thereafter ; and at their first session after such enumeration, and also after each enumeration made by the authority of the United States, the legisla- ture shall apportion and district anew the members of the Senate and Assembly, according to the number of inhabitants, excluding Indians not taxed and soldiers and officers of the United States Army and Navy.
Section 4. The members of the Assembly shall be chosen an- nually by single districts, on the Tuesday succeeding the first Mon- day of November, by the qualified electors of the several districts. Such districts to be bounded by county, precinct, town, or ward lines, to consist of contiguous territory, and be in as compact form as practicable.
Section 5. The Senators shall be chosen 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 regular series, and the Senators chosen by the odd-numbered districts shall go out of office at the expiration of the first year, and the Senators chosen by the even-numbered districts shall go out of office at the expira- tion of the second year, and thereafter the Senators shall be chosen for the term of two 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, re- turns and qualifications of its own members; and a majority of each shall constitute a quorum to do business : but a smaller number may adjourn 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 behaviour, and with
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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 Senate shall choose a temporary president, when the Lieutenant- Governor 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 wel- fare shall require secrecy. Neither house shall, without the consent of the other adjourn for more than three days.
Sction 11. The Legislature shall meet at the seat of government, at such time as shall be provided by law, once in each year, and not oftener, unless convened by the Governor.
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 elec- tion 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 Legislatare 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
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people of the State of Wisconsin, represented in Senate and Assem- bly, 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 Legis- lature, 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. Each member of the Legislature shall receive for his services two dollars and fifty cents for each day's attendance during the session, and ten cents for every mile he shall travel in going to and returning from the place of the meeting of the Legis- lature, on the most usual route.
Section 22. The Legislature may confer upon the boards of supci visors of the several counties of the State, such powers of a local, legislative 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.
Section 25. The Legislature shall provide by law, that all sta- tionery 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 es- tablish a maximum price; no member of the Legislature, or other State Officer shall be interested, either directly or indirectly, in any such contract.
Section 26. The Legislature shall never grant any extra compen- sation to any public officer, agent, servant, or contractor, after the services shall have been rendered, or the contract entered into; nor shall the compensation of any public officer be increased, or dimin- ished during his term of office.
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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, execu- tive and judicial, except such inferior officers as may be by law exempted, shall before they enter upon the duties of their respec- tive 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 faithfully to discharge the duties of their respective offices to the best of their ability.
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 en- tored on the journal.
Aritcle 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 Gov- ernor, 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 highest 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.
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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 Legislature 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 expedite all such meas- ures 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 compensation 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 offences, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the man- ner of applying for pardons. Under conviction for treason, he shall have the power to suspend the execution of the sentences, until the case shall be reported to the Legislature at its next meet- ing, when the Legislature shall either pardon, or commute the sen- tence, direct the execution of the sentence, or grant a further re- prieve. He shall annually communicate to the 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 unpeachment 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 disability shall cease. But when the Governor
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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 con- tinue 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-Governor shall be impeached, displaced, resign, die, or from mental, or physical dis- ease 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 at- tendance 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 return it, with his ob- jections, to that house in which it shall have originated, who shall enter the objections at large upon the journal, and proceed to re- consider it. If, after such reconsideration two-thirds of the mem- bers 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 re- turned 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 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-
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lature, 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 Legislature and Executive department of the State, and shall, when required, lay the same and all matters rela- tive 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 Treas- urer 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 vacancies shall happen; Sheriffs shall hold no other office, and be ineligible for two years next succeeding the termination of their offices. They may be re- quired 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 defence.
Article VII .- Judiciary.
Section 1. The court for the trial of impeachments shall be com- posed 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 offi- cer shall exercise his office, after he shall have been impeached, until his acquittal. Before the trial of an impeachment, the mem- bers of the court shall take an oath or affirmation, truly and im- partially to try the impeachment according to evidence; and no
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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 Legis- lature may also vest such jurisdiction as shall be deemed neces- sary in municipal courts, and shall have power to establish in- ferior 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 circuit courts, in their respective circuits, as prescribed in this Constitution : And that the Legislature shall pro- vide as well for the election of Judges of the Municipal courts, as of the Judges of inferior courts, by the qualified electors of the re- spective 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 pro- vided 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 Su- preme 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 otherwise provide, the judges of the several cir- cuit courts shall be judges of the Supreme court, four of whom shall constitute a quorumn, 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,
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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 electors of the State, at such time and in such manner as the Legislature may provide. The separate Su- preme court when so organized, shall not be changed or discou- tinued by the Legislature ; 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 is provided for the judges of the circuit court. And whenever the Legislature may consider it necessary to establish a separate Supreme court, they shall have power to reduce the number of circuit court 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 said judges, or till a vacancy occur by some other means.
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, Mar- quette, 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 Craw- ford, 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 altera- tion 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 the judges of the circuit 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 quali-
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fied; and after he shall have been elected, he shall reside in the cir- cuit for which he was elected. One of said judges shall be desig- nated as chief justice in such manner as the Legislature shall pro- vide. And the Legislature shall at its first session provide by law as well for the election of, as for classifying the judges of the circuit court to be elected under this Constitution, in such manner that one of said judges shall go out of office in two years, one in three years, one in four years, one in five years and one in six years, and there- after 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, cer- tiorari, and all other writs necessary to carry into effect their orders, judgments and decrees, and give them a general control over in- ferior 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 appointment of the Governor, which shall continue until a suc- cessor 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 thou- sand 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
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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, an- nually, 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 neces- sary. 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 elec- tors thereof, who shall hold his office for two years, subject to re- moval, 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 Legislature may re- quire ; 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 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, un- less the judge complamed 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 defence. 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 quali- fied electors thereof, a Judge of Probate, who shall hold his office for two years, and until his successors shall be elected and quali- fied, 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 con-
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