USA > West Virginia > History and government of West Virginia > Part 18
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22. This section was so amended in 1920 that our Legislature meets on the second Wednesday in Jan- uary for a period of fifteen days for the presentation of bills, but no bill shall be passed or rejected, unless the same shall be necessary to provide for a public emner- gency or shall be specially recommended by the Gov- ernor and passed by a four-fifths vote of the members elected to each House. At the end of the fifteen days a recess of both Houses shall be taken until "the Wednesday after the second Monday of March follow- ing". During this second session no bills shall be introduced in either House without a vote of three- fourths of all the members elected to each House taken by yeas and nays. This last or "regular session" . shall not continue longer than forty-five days with-
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out the concurrence of two-thirds of the members elected to each House.
23. Neither House shall, during the session, ad- journ for more than three days, without the consent of the other. Nor shall either, without such consent, adjourn to any other place than that in which the Legislature is sitting.
24. A. majority of the members elected to each House of the Legislature, shall constitute a quorum. But a smaller number may adjourn from day to day, and shall be authorized to compel the attendance of absent members, as each House may provide. Each House shall determine the rules of its proceedings and be the judge of the elections, returns and qualifica- tions of its own members. The Senate shall choose, from its own body, a President; and the House of Delegates, from its own body, a Speaker. Each House shall appoint its own officers, and remove them at pleasure. The oldest Delegate present shall call the House to order, at the opening of each new House of Delegates, and preside over it until the Speaker thereof shall have been chosen, and have taken his seat. The oldest member of the Senate present at the commencement of each regular session thereof, shall call the Senate to order, and preside over the same until a President of the Senate shall have been chosen, and has taken his seat.
25. Each House may punish its own members for disorderly behavior, and with the concurrence of two- thirds of the members elected thereto, expel a member, but not twice for the same offense.
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26. Each House shall have power to provide for its own safety, and the undisturbed transaction of its business, and may punish, by imprisonment, any person not a member, for disrepectful behavior in its presence; for obstructing any of its proceedings, or any of its officers in the discharge of his duties, or for any assault, threat or abuse of a member, for words spoken in debate. But such imprisonment shall not extend beyond the termination of the session, and shall not prevent the punishment of any offense, by the ordinary course of law.
27. Laws shall be enacted and enforced, by suitable provisions and penalties, requiring sheriffs, and all other officers, whether State, county, district or muni- cipal, who shall collect or receive, or whose official duty it is, or shall be, to collect, receive, hold or pay out any money belonging to, or which is, or shall be, for the use of the State or of any county, district or municipal corporation, to make annual account and settlement therefor. Such settlement, when made, shall be subject to exceptions, and take such direction, and have only such force and effect, as may be provided by law; but in all cases, such settlement shall be recorded, and be open to the examination of the people at such convenient place or places as may be appointed by law.
28. Bills and resolutions may originate in either House, but may be passed, amended or rejected by the other.
29. No bill shall become a law, until it has been fully and distinctly read, on three different days, in
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each House, unless, in case of urgency, by a vote of four-fifths of the members present, taken by yeas and hays on each bill, this rule be dispensed with: Pro- vided, in all cases, that an engrossed bill shall be fully and distinctly read in each House.
30. No act hereafter passed, shall embrace more than one object, and that shall be expressed in the title. But if any object shall be embraced in any act which is not so expressed, the act shall be void only as to so much thereof as shall not be so expressed, and no law shall be revived, or amended by reference to its title only; but the law revived, or the section amended, shall be inserted at large, in the new act. And no act of the Legislature, except such as may be passed at the first session under this Constitution, shall take effect until the expiration of ninety days after its passage, unless the Legislature shall by a vote of two-thirds of the members elected to each House, taken by yeas and nays, otherwise direct.
31. When a bill or joint resolution, passed by one House, shall be amended by the other, the question on agreeing to the bill, or joint resolution, as amended, shall be again voted on, by yeas and nays, in the House by which it was originally passed, and the result entered upon its journals; in all such cases, the affirmative vote of a majority of all the members elected to such House shall be necessary.
32. Whenever the words, "a majority of the mem- bers elected to either House of the Legislature," or words of like import, are used in this Constitution, they shall be construed to mean a majority of the
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whole number of members to which each House is, at the time, entitled, under the apportionment of representation, established by the provisions of this Constitution.
33. The members of the Legislature shall each receive for their services the sum of $500 a year and ten cents for each mile traveled in going to and returning from the seat of government by the most direct route. The Speaker of the House of Delegates and the President of the Senate, shall each receive an additional compensation of two dollars per day for each day they shall act as presiding officers. No other allowance or emolument than that by this section provided shall directly or indirectly be made or paid to the members of either House for postage, sta- tionery, newspapers, or any other purpose whatever.
34. The Legislature shall provide by law that the fuel, stationery and printing paper, furnished for the use of the State; the copying, printing, binding and distributing the laws and journals; and all other print- ing ordered by the Legislature, shall be let by con- tract to the lowest responsible bidder, bidding under a maximum price to be fixed by the Legislature; and no member or officer thereof, or officer of the State, shall be interested, directly or indirectly, in such con- tract, but all such contracts shall be subject to the ap- proval of the Governor, and in case of his disapproval of any such contract, there shall be a re-letting of the same in such manner as may be prescribed by law.
35. The State of West Virginia shall never be made defendant in any court of law or equity.
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36. The Legislature shall have no power to author- ize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets in this State.
37. No law shall be passed after the election of any public officer, which shall operate to extend the term of his office.
38. No extra compensation shall be granted or al- lowed to any public officer, agent, servant or contrac- tor, after the services shall have been rendered or the coutract made; nor shall any Legislature authorize the payment of any claim or part thereof, hereafter created against the State, under any agreement or con- tract made, without express authority of law; and all such unauthorized agreements shall be null and void. Nor shall the salary of any public officer be increased or diminished during his term of office, nor shall any such officer, or his or their sureties, be released from any debt or liability due to the State. Provided, The Legislature may make appropriations for expenditures hereafter incurred in suppressing insurrection, or re- pelling invasion.
39. The Legislature shall not pass local or special laws in any of the following enumerated cases; that is to say, for
Granting divorces;
Laying out, opening, altering and working roads or highways;
Vacating roads, town plats, streets, alleys and pub- lic grounds;
Locating, or changing county seats;
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Regulating or changing county or district affairs;
Providing for the sale of church property, or prop- erty held for charitable uses;
Regulating the practice in courts of justice;
Incorporating cities, towns or villages, or amend- ing the charter of any city, town or village, contain- ing a population of less than two thousand;
Summoning or impaneling grand or petit juries;
The opening or conducting of any election, or de- signating the place of voting;
The sale and mortgage of real estate belonging to minors, or others under disability;
Chartering, licensing, or establishing ferries or toll bridges;
Remitting fines, penalties or forfeitures;
Changing the law of descent;
Regulating the rate of interest;
Authorizing deeds to be made for land sold for taxes;
Releasing taxes;
Releasing title to forfeited lands.
The Legislature shall provide, by general laws, for the foregoing and all other cases for which provision can be so inade; and in no case shall a special act be passed, where a general law would be proper, and can be made applicable to the case, nor in any other case in which the courts have jurisdiction, and are compe- . tent to give the relief asked for.
40. The Legislature shall not confer upon any court, or judge, the power of appointment to office, . further than the same is herein provided for.
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41. Each House shall keep a journal of its proceed- ings, and cause the same to be published from to timne, and all bills and joint resolutions shall be described therein, as well by their title as their number, and the yeas and nays on any question, if called for by one- tenth of those present, shall be entered on the journal.
42. Bills making appropriations for the pay of mem- bers and officers of the Legislature, and for salaries for the officers of the Government, shall contain no provision on any other subject.
43. The Legislature shall never authorize or estab- lish any board or court of registration of voters.
44. In all elections to office which may hereafter take place in the Legislature, or in any county, or municipal body, the vote shall be viva voce, and be entered on its journals.
45. It shall be the duty of the Legislature, at its first session after the adoption of this Constitution, to provide, by law, for the punishment by imprisonment in the penitentiary, of any person who shall bribe, or attempt to bribe, any executive or judicial officer of this State, or any member of the Legislature in order to influence him, in the performance of any of his of- ficial or public duties; and also to provide by law for the punishment by imprisonment in the penitentiary, of any of said officers, or any member of the Legisla- ture, who shall demand, or receive, from any corpora- tion, company or person, any money, testimonial, or other valuable thing, for the performance of his offi- cial or public duties, or for refusing or failing to per- forin the same, or for any vote or influence a member of
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the Legislature may give or withhold as such member; and also to provide by law for compelling any person, so bribing or attempting to bribe, or so demanding or receiving a bribe, fee, reward, or testimonial, to testify against any person or persons, who may have com- mitted any of said offenses: Provided, That any person so compelled to testify, shall be exempted from trial and punishment for the offense of which he may have been guilty, and concerning which he is compelled to testify; and any person convicted of any of the offenses specified in this section, shall, as a part of the punish- ment thereof, be forever disqualified from holding any office or position of honor, trust, or profit in this State.
46. [As amended in 1912, Acts 1911, p. 289.] On and after the first day of July, one thousand nine hundred and fourteen, the manufacture, sale and keep- ing for sale of malt, vinous or spirituous liquors, wine, porter, ale, beer or any intoxicating drink, mixture or preparation of like nature, except as hereinafter pro- vided, are hereby prohibited in this State; provided, however, that the manufacture and sale and keeping for sale of such liquors for medicinal, pharmaceutical, mechanical, sacramental and scientific purposes, and the manufacture and sale of denatured alcohol for industrial purposes may be permitted under such reg- ulations as the Legislature may prescribe. The Leg- islature shall, without delay, enact such laws, with regulations, conditions, securities and penalties as may be necessary to carry into effect the provisions of this section.
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47. No charter of incorporation shall be granted to any church or religious denomination. Provision may be made by general laws for securing the title to church property, and for the sale and transfer thereof, so that it shall be held, used or transferred for the purposes of such church or religious denomination.
48. Any husband or parent residing in this State, or the infant children of deceased parents, may hold a homestead of the value of one thousand dollars, and personal property to the value of two hundred dollars, exempt from forced sale subject to such regu- lations as shall be prescribed by law: Provided, that such homestead exemption shall in nowise affect debts or liabilities existing at the time of the adop- tion of this Constitution; and provided further, that no property shall be exempt from sale for taxes due thereon, or for the payment of purchase money due upon said property, or for debts contracted for the erection of improvements thereon.
49. The Legislature shall pass such laws as may be necessary to protect the property of married women from the debts, liabilities and control of their husbands.
50. The Legislature may provide for submitting to a vote of the people at the general election to be held in 1876, or at any general election thereafter, a plan or scheme of proportional representation in the Sen- ate of this State; and if a majority of the votes cast at such election be in favor of the plan submitted to them, the Legislature shall, at its session succeeding such election, rearrange the Senatorial Districts in accordance with the plan so approved by the people.
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ARTICLE VII.
(As amended in 1901 and later.)
EXECUTIVE DEPARTMENT.
I. The Executive Department shall consist of a Governor, Secretary of State, State Superintendent of Free Schools, Auditor, Treasurer, Commissioner of Agriculture, and Attorney-General, who shall be, ex-officio, Reporter of the Court of Appeals. Their terms of office, respectively, shall be four years, and shall commence on the fourth day of March, next after their election. They shall, except the Attorney- General, reside at the seat of government during their terms of office, and keep there the public records, books and papers pertaining to their respective offices, and shall perform such duties as may be prescribed by law.
ELECTION.
2. An election for Governor, Secretary of State, State Superintendent of Free Schools, Auditor, Treasurer, Commissioner of Agriculture, and At- torney-General shall be held at such times and places as may be prescribed by law.
3. The returns of every election for the above named officers shall be sealed up and transmitted by the returning officers to the Secretary of State, di- rected "to the Speaker of the House of Delegates," who shall, immediately after the organization of the
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House and before proceeding to business, open and publish the same in the presence of a majority of each House of the Legislature, which shall for that purpose assemble in the Hall of the House of Dele- gates. The person having the highest number of votes for either of said offices shall be declared duly elected thereto; but if two or more have an equal and the highest number of votes for the same office, the Legislature shall, by joint vote, choose one of such persons for said office. Contested elections for the office of Governor shall be determined by both Houses of the Legislature by joint vote, in such manner as may be prescribed by law.
ELIGIBILITY.
4. None of the executive officers mentioned in this Article shall hold any other office during the term of his service. The Governor shall be ineligible to said office for the four years next succeeding the term for which he was elected.
5. The chief executive power shall be vested in the Governor, who shall take care that the laws be . faithfully executed.
6. The Governor shall, at the commencement of each session, give to the Legislature information by message of the condition of the State, and shall rec- ommend such measures as he shall deem expedient. He shall accompany his message with a statement of all money received and paid out by him from any funds, subject to his order, with vouchers therefor, and at the commencement of each regular session
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present estimates of the amount of money required by taxation for all purposes.
7. The Governor may on extraordinary occasions convene, at his own instance, the Legislature; but when so convened, it shall enter upon no business except that stated in the proclamation by which it was called together.
8. The Governor shall nominate, and by and with the advice and consent of the Senate (a majority of all the Senators elected concurring by yeas and nays) appoint all officers whose offices are established by this Constitution, or shall be created by law, and whose appointment or election is not otherwise pro- vided for; and no such officers shall be appointed or elected by the Legislature.
9. In case of a vacancy, during the recess of the Senate, in any office which is not elective, the Gov- ernor shall, by appointment, fill such vacancy, until the next meeting of the Senate, when he shall make a nomination for such office, and the person so nominated, when confirmed by the Senate (a majority of all the Senators elected concurring by yeas and nays), shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person, after being rejected by the Senate, shall be again nominated for the same office, during the same session, unless at the request of the Senate; nor shall such person be appointed to the same office during the recess of the Senate.
Io. The Governor shall have power to remove any officer whom he may appoint in case of incompetency,
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neglect of duty, gross immorality, or malfeasance in office; and he may declare his office vacant and fill the same as herein provided in other cases of vacancy.
II. The Governor shall have power to remit fines and penalties in such cases and under such regula- tions as may be prescribed by law; to commute capital punishment and, except where the prosecution has been carried on by the House of Delegates, to grant reprieves and pardons after conviction; but he shall communicate to the Legislature at each session the particulars of every case of fine or penalty re- mitted, of punishment commuted and of reprieve or pardon granted, with his reasons therefor.
12. The Governor shall be commander-in-chief of the military forces of the State (except when they shall be called into the service of the United States), and may call out the same to execute the laws, suppress insurrection and repel invasion.
13. When any State officer has executed his official bond, the Governor shall, for such causes and in such manner as the Legislature may direct, require of such officer reasonable additional security; and if the security is not given as required, his office shall be declared vacant, in such manner as may be provided by law.
14. Every bill passed by the Legislature shall, before it becomes a law, be presented to the Gover- nor. If he approve, he shall sign it, and thereupon it shall become a law; but if not, he shall return it, with his objections, to the House in which it origin- ated, which House shall enter the objections at large
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upon its journal, and proceed to reconsider it. If, after such reconsideration, a majority of the members elected to that House, 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 a majority of the members elected to that House, it shall become a law, notwithstanding the objections of the Governor. But in all such cases the vote of each House shall be determined by yeas and nays to be entered on the journal. Any bill which shall not be returned by the Governor within five days (Sunday excepted) after it shall have been presented to him, shall be a law, in like manner as if he had signed it, unless the Legislature shall, by their adjournment, prevent its return, in which case it shall be filed with his objections, in the office of the Secretary of State, within five days after such adjournment, or become a law.
15. Every bill passed by the Legislature making appropriations of money, embracing distinct items, shall, before it becomes a law, be presented to the Governor; if he disapprove the bill, or any item or appropriation therein contained, he shall communicate such disapproval with his reasons therefor to the House in which the bill originated; but all items not disapproved shall have the force and effect of law according to the original provisions of the bill. Any item or items so disapproved shall be void, unless re- passed by a majority of each House according to the rules and limitations prescribed in the preceding section in reference to other bills.
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16. In case of the death, conviction on impeach- ment, failure to qualify, resignation, or other disability of the Governor, the President of the Senate shall act as Governor until the vacancy is filled, or the dis- ability removed; and if the President of the Senate, for any of the above-named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Speaker of the House of Delegates; and in all other cases where there is no one to act as Governor, one shall be chosen by joint vote of the Legislature. Whenever a vacancy shall occur in the office of Governor before the first three years of the term shall have expired, a new election for Governor shall take place to fill the vacancy.
17. If the office of Secretary of State, Auditor, Treasurer, State Superintendent of Free Schools, Commissioner of Agriculture, or Attorney-General shall become vacant by death, resignation, or other- wise, it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. The subordinate officers of the Executive Department and the officers of all public institutions of the State shall keep an account of all moneys received or dis- bursed by them respectively, from all sources, and for every service performed, and make a semi-annual report thereof to the Governor under oath of affirma- tion; and any officer who shall willfully make a false report shall be deemed guilty of perjury.
18. The subordinate officers of the Executive De- partment and the officers of all the public institutions
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of the State, shall, at least ten days preceding each regular session of the Legislature, severally report to the Governor, who shall transmit such report to the Legislature; and the Governor may at any time require information in writing, under oath, from the officers of his department, and all officers and mana- gers of State institutions, upon any subject relating to the condition, management and expenses of their respective offices.
19. (As amended-see Acts of 1901, p. 452.) The officers named in this Article shall receive for their serv- ices a salary to be established by law, which shall not be increased or diminished during their official terin, and shall not, after the expiration of the terms of those in office at the adoption of this amendment, receive to their own use any fees, costs, perquisites of office, or other compensation, and all fees that may hereafter be payable by law for any service performed by any officer, provided for in this Article of the Constitution, shall be paid in advance into the State Treasury.
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