USA > West Virginia > History and government of West Virginia > Part 21
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5. What territorial rights are now declared to be vested in West Virginia ? Section 1.
6. The beds, banks, shores, etc., of these rivers belong to what counties ? Section 1.
7. In whom do the powers of government reside ? Section 2.
8. How, only, can these powers be exercised ? Sec- tion 2.
9. Who are declared to be citizens of this State ? Sec- tion 3.
10. To what shall every citizen of the State be entitled? Section 4.
350 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
11. Between whom shall no distinction be made ? Sec- tion 5.
12. Who are aliens?
Answer .- Foreign residents of a country in which they do not possess the privileges of citizens; those owing allegiance, or belonging to another country.
13. In what does treason against the State consist ? Section 6.
14. How only can a person be convicted of treason ? Section 6.
15. How may treason against the State be punished ? Section 6.
16. What Latin inscription on the great seal of the State is the State's motto? Section 7.
17. What is the meaning of this inscription ? Answer .- " Mountaineers are always free."
18. In whose custody is the great seal of the State? Section 7.
19. Writs, grants and commissions issued under au- thority of the State run in what name? Section 8.
20. How are official bonds made payable? Section 8.
21. How do all indictments conclude ? Section 8.
ARTICLE III.
BILL OF RIGHTS.
1. By nature all men are equally what and have what ? Section 1.
2. When they enter into a state of society, of what can they not divest their posterity ? Section 1.
3. From whom is all power derived and in whom vested ? Section 2.
4. What are magistrates and to whom are they amer. able? Section 2.
351
QUESTIONS ON THE CONSTITUTION.
5. For what is government instituted? Section 3. 6. What is government ?
Answer .- The exercise of authority; the direction and control of the action or conduct of men by established laws; the regulation of authority; the system of polity in a State; the established form of law.
7. Of all its various forms, which is best? Section 3.
8. When a form of government is found inadequate to secure these ends, what has a majority of a com- munity an inalienable right to do? Section 3.
9. What privilege shall not be suspended ? Section 4. 10. What is a writ of habeas corpus ?
Answer .- Literally translated it means, "Bring here the body." In law it is the right of one restrained of his liberty to be brought before a judge in order that the cause of imprisonment may be inquired into and he be dealt with according to law.
11. In what manner can a person be held to answer for treason, felony, or other crimes not cognizable by a justice? Section 4.
12. What shall never be passed by the Legislature ? Section 4.
13. What is meant by a bill of attainder and an ex post facto law?
Answer .- A bill of attainder is a legislative bill condemn-
1 ing a person to death or outlawry, and extinguishing all his civil rights and capacities, without judicial sentence. An ex post facto law is a law retroacting, by way of criminal punishment upon that which was not a crime before its passage, or which raises the grade of an offense, or renders an act punishable in a more severe manner than it was when committed.
14. What shall not be required under the law? Sec- tion 5.
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352 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
15. How shall penalties be proportioned ? Section 5.
16. Shall any one be forced to leave the State? Sec- tion 5.
17. Is a person required to testify against himself ? Section 5.
18. What right of citizens shall not be violated ? Sec- tion 6.
19. How only can a warrant issue ? Section 6.
20. Can the freedom of speech or the press be abridged? Section 7.
21. The Legislature may make what provision relative to this? Section 7.
22. In civil suits for libel what may be given in evi- dence on behalf of the defendant ? Section 8.
23. How only can private property be taken for public use? Section 9.
24. How may compensation for private property taken for public use be ascertained when required by either party? Section 9.
25. No person shall be deprived of life, liberty or property without what? Section 10.
26. What political tests are declared to be cruel and oppressive and repugnant to the principles of free government ? Section 11.
27. Can any religious or political test oaths be required of any citizen of the State? Section 11. 1
28. What provision regarding standing armies ? Sec- tion 12.
29. What is the relation of the military to the civil power? Section 12.
30. When only can a citizen be tried by a military court ? Section 12.
31. When is the right of trial by a jury preserved in suits at common law? Section 13.
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353
QUESTIONS ON THE CONSTITUTION.
32. How only can a fact tried by a jury be re-examined ? Section 13.
33. How, when and where shall trials for crimes and misdemeanors be conducted ? Section 14.
34. In all such trials what efforts are made to secure to the accused a fair trial? Section 14.
35. What declaration is made regarding religious wor- ship? Section 15.
36. For what shall no man be molested ? Section 15. 37. What shall all men be free to profess ? Section 15. 38. What shall the Legislature not do? Section 15.
39. Every person shall be left free to do what? Section 15.
40. What right of the people shall be held inviolate ? Section 16.
41. What remedy shall all persons have in the courts of this State? Section 17.
42. How shall justice be administered in the courts ? Section 17.
43. What shall a conviction not work ? Section 18.
44. What is the State prevented from conferring ? Sec- tion 19.
45. How can free government and the blessings of lib- erty be best preserved to the people ? Section 20.
ARTICLE IV.
ELECTIONS AND OFFICERS.
1. Who are voters? Section 1.
2. Who are not permitted to vote ? Section 1.
3. How long must one reside in the State before he can vote? Section 1.
4. How long must one reside in the county in which he offers to vote? Section 1.
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HISTORY AND GOVERNMENT OF WEST VIRGINIA.
5. Who shall not be deemed voters although stationed within the State? Section 1.
6. How shall all voting be done? Section 2.
7. What is left to the choice of the voter at the polls ? Section 2.
8. From what is the voter exempt during the continu- ance of an election ? Section 3.
9. What exception to this exemption ? Section 3.
10. Who alone are eligible to election or appointment to State, county and municipal offices? Sec- tion 4.
11. The Governor and Judges must have attained what age at the beginning of their respective terms ? Section 4.
12. What must be the age of the Attorney-General and Senators? Section 4.
13. How long must the Governor, Judges, Attorney- General and Senators reside in the State before being eligible to election ? Section 4.
14. What oath or affirmation shall be taken or made by every person elected or appointed to any of- fice in the State ? Section 5.
15. Shall any other declaration or test be applied as a qualification ? Section 5.
16. For what causes may officers elected or appointed be removed? Section 6.
17. If not removed they shall continue in office until what ? Section 6.
18. What is the time of holding the general election ? Section 7.
19. What officers are elected at the general election ? Section 7.
20. When do the terms of members of the Legislature begin ? Section 7.
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QUESTIONS ON THE CONSTITUTION.
21. Terms of what officers begin on the first of January succeeding their election ? Section 7.
22. The term of what officer elected at the general elec- tion begins the first day of the ensuing July. Answer .- The county superintendent of Free Schools.
23. Elections to fill vacancies shall be for what ? Sec- tion 7.
24. Vacancies occurring prior to the general election are filled how? Section 7.
25. When do such appointments expire? Section 7.
26. With reference to public officers what shall the Legislature do in all cases not provided for by this Constitution ? Section 8.
27. For what may any State officer be impeached ? Sec- tion 9.
28. Which branch of the Legislature has the sole power of impeachment ? Section 9.
29. Which branch tries impeachment cases? Section 9.
30. How only can a conviction be secured ? Sec- tion 9.
31. Who presides over the Senate when sitting as a Court of Impeachment ? Section 9.
32. Judgment in cases of impeachment extend to what? Section 9.
33. But the party convicted shall be liable to what thereafter ? Section 9.
34. When may the Senate sit for the trial of impeach- ments ? Section 9.
35. What is the penalty for participation in any man- ner in a duel ? Section 10.
36. What shall the Legislature do with reference to elections? Section 11.
37. What laws shall it pass pertaining to elections ? Section 11.
356 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
38. What is the duty of the Legislature regarding the registration of voters? Section 12.
ARTICLE V.
DIVISION OF POWERS.
1. What is said of the Legislative, Executive, and Judicial Departments ? Section 1.
2. Is any one permitted to exercise the power of more than one of these departments at the same time ? Section 1.
3. What exception to this? Section 1.
ARTICLE VI.
LEGISLATURE.
1. In what is the legislative or law making power vested ? · Section 1.
2. What is the enacting clause of the laws of the State? Section 1.
3. Of how many members does the Senate consist ? Section 2.
Answer .- Now of thirty, the Constitutional number having been increased under the census of 1880, and again under that of 1900.
4. How many members compose the House of Dele- gates? Section 2.
Answer .- Now of ninety-four, the number having been increased according to the Constitutional provision, under the census returns of 1890, and again under that of 1900.
5. What is the length of term of State Senators? Section 3.
6. What is the length of term of members of the House of Delegates? Section 3.
7. How are the Senators classified ? Section 3.
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QUESTIONS ON THE CONSTITUTION.
8. After the first election under the Constitution, how have Senators been elected ? Section 3.
9. Describe the Senatorial Districts of the State as at present constituted ? Section 4.
10. How are members of the House of Delegates dis- - tributed ? Section 6.
11. What is the arrangement by which the present House of Delegates is elected ?
12. When are the Delegates apportioned? Section 7.
13. How is the ratio of representation ascertained ? Section 7.
14. How are additional Delegates to make up the re- quired number chosen? Section 7.
15. What must every county not included in a dele- gate district have ? Section 7.
16. What is the present arrangement by which the members of the House of Delegates are chosen under the apportionment of the United States census? Section 9.
17. When must the arrangement be declared? Section 10.
18. When only can the arrangement thus made be changed ? Section 10.
19. How only can additional territory become a part of this State? Section 11.
20. If additional territory be admitted into the State what must be done? Section 11.
21. How may the number of members in each branch of the Legislature be increased? Section 11.
22. What of residence and qualifications of a Senator or Delegate? Section 12.
23. If either remove from the district or county from which elected what occurs? Section 12.
24. Who are declared to be ineligible to a seat in the Legislature ? Section 13.
358 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
25. What of those who have been convicted of bribery, perjury or other infamous crime? Section 14.
26. What is said of those who have collected or have been intrusted with public money ? Section 14.
27. Senators and Delegates are debarred from election or appointment to what offices? Section 15.
28. What exception to this? Section 15.
29. In what contracts shall no member of the Legis- lature be interested ? Section 15.
30. Can you repeat the oath to be taken by members of the Legislature? Section 16.
31. What additional oath is required of each member ? Section 16.
32. By whom may these oaths be administered ? Sec- tion 16.
33. When must they be taken? Section 16.
34. What is the duty of the Secretary of State in con- nection with these oaths ? Section 16.
35. If a member refuses to take these oaths what is the result? Section 16.
36. What penalty is attached to the violation of these oaths? Section 16.
37. When and for what time are members of the Legis- lature exempt from arrest ? Section 17.
38. What exception to this exemption ? Section 17.
39. What provision regarding words spoken by a mem- ber in debate or upon a report, motion or pro- position ? Section 17.
40. Where must the Legislature assemble? Section 18.
41. How and not oftener ? Section 18.
42. What exception providing for more frequent ses- sions ? Section 18.
43. When did the Legislature first meet under this Constitution ? Section 18.
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QUESTIONS ON THE CONSTITUTION.
44. What is the time of its biennial meeting ? Section 18.
45. When and how may the Governor convene the Legislature in extra session ? Section 19.
46. When is he required to convene it ? Section 19.
47. Where shall the seat of Government be? Section 20.
48. When may the Governor convene the Legislature elsewhere than at Charleston ? Section 21.
49. When may the Legislature, when in session, ad- journ to meet elsewhere than at the seat of Government? Section 21.
50. What is the length of a regular session of the Legislature? Section 22.
51. How may the regular session be extended? Sec- tion 22.
52. For what time only can one House adjourn without the consent of the other? Section 23.
53. Can either House adjourn to another place without the consent of the other ? Section 23.
54. What constitutes a quorum in the Legislature? Section 24.
55. What may a smaller number than a quorum do? Section 24.
56. What does each House determine ? Section 24.
57. Of what shall each House be the judge ? Section 24.
58. What shall each House choose? Section 24.
59. What shall each appoint and may remove? Sec- tion 24.
60. Upon convening who calls the respective Houses to order and presides until presiding officers are chosen ? Section 24.
61. Does this mean the oldest member in age or the oldest in point of service in the Legislature ?
360 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
Answer .- It is held to mean the oldest in point of service as a member of the Legislature.
62. How may members of the respective Houses be punished for disorderly behavior? Section 25.
63. How may a member of either House be expelled ? Section 25.
54. What power is given to each House ? Section 26.
65. For what and how may either House punish a person not a member ? Section 26.
66. How is such imprisonment limited ? Section 26.
67. What does this punishment not do? Section 26.
68. Laws shall be enacted compelling all officers collect- ing or holding public moneys to do what? Sec- tion 27.
69. What shall be the effect of such settlement? Sec- tion 27.
70. What provision is made that the people may have information of such settlement ? Section 27.
71. Where may bills and resolutions originate? Sec- tion 28.
72. What may be done with said bills and resolutions in either House? Section 28.
73. What of the reading of a bill before it can become a law? Section 29.
74. What exception to this? Section 29 !
75. What provision regarding an engrossed bill? Sec- tion 29.
76. What is an engrossed bill ?
Answer .- One which has been plainly written, with all its amendments preparatory to final action on its passage ?
77. How many objects can be embraced in a bill ? Section 30.
78. Wherein must this object be expressed? Section 80.
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QUESTIONS ON THE CONSTITUTION.
79. If any object be not so expressed, what is the effect upon the bill? Section 30.
80. What provision regarding the revival of a law, or amended section ? Section 30.
81. In what time does a law take effect after its pas- sage? Section 30.
82. How may a law be made to take effect from the date of its passage? Section 30.
83. What is the effect of one House amending a bill or joint resolution by the other House? Sec- tion 31.
84. When the bill or resolution as amended is returned to the House which passed it, what takes place ? Section 31.
85. How many members must be present and voting when the question is that of concurrence in amendments ? Section 31.
86. When the words, "a majority of the members elected to either House of the Legislature," or words of like import are used in this Constitu- tion, how are they construed ? Section 32.
87. What is the pay per day of a member of the Legis- lature? Section 33.
88. What provision for the pay of his traveling ex- penses? Section 33.
89. What titles are given to the presiding officers of the respective Houses? Section 33.
90. What is the pay per day of the Speaker of the House and the President of the Senate ? Sec- tion 33.
91. What is declared regarding additional pay to mem- bers of the Legislature? Section 33.
92. For what shall the Legislature provide? Section 34.
93. How shall the public printing be done? Section 34
362 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
94. How is the maximum price for State printing fixed ? Section 34.
95. To what shall all contracts for public printing be subject ? Section 34.
96. What shall be done if the Governor refuses to ap- prove the contract for state printing ? Sec- tion 34.
97. Can a suit at law or in equity be brought against the State? Section 35.
98. What is the Legislature prohibited from doing in relation to lotteries ? Section 36.
99. What is that body required to do in regard to them? Section 36.
100. Can the term of any public officer be extended by the passage of a law after he has been elected ? Section 37.
101. What provision regarding extra compensation ? Section 38.
102. Can the salary of any public officer be increased or diminished during his term of office? Section 38.
103. Can any law be passed releasing any public officer or his bondsmen from a debt due to the State ? Section 38.
104. In what cases may the Legislature make up appro- priations ? Section 38.
105. In what enumerated cases is the Legislature pro- hibited from enacting local or special laws ? Section 39.
106. How shall the Legislature provide for these and similar cases in which no provision is made ? Section 39.
107. When only shall a special act be passed? Section 39 108. What provision in regard to cases in which the courts can give relief ? Section 39.
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363
QUESTIONS ON THE CONSTITUTION.
109. What shall the Legislature not do with reference to any court or judge? Section 40.
110. What is declared concerning the Journal of each House? Section 41.
111. What is required to be entered in the Journal of each House? Section 41.
112. What declaration is made regarding bills making appropriations to pay members and officers of the Legislasure and State? Section 42.
113. What is the Legislature prohibited from ever doing ? Section 43.
114. What is the manner of voting for an officer of the Legislature ? Section 44.
115. What record is made of such vote? Section 44.
116. What was made one of the first duties of the Legis- lature after the adoption of the Constitution? Section 45.
117. What is the punishment of attempted bribery ? Sec- tion 45.
118. What is the punishment prescribed for any member of the Legislature or Executive or Judicial officer who demands or accepts a bribe? Section 45.
119. As an additional punishment for what shall such persons connected therewith be disqualified ?
i Section 45.
120. What laws may be passed concerning intoxicating liquors? Section 46.
121. To what organizations can a charter of incorporation not be granted ? Section 47,
122. What provision must be made regarding church property? Section 47.
123. Who may claim a homestead in this State? Sec- tion 48.
124. What shall be its value ? Section 48.
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364 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
125. What is the value of personal property which may be exempt from forced sale? Section 48.
126. What provision regulating such homestead ex- emption ? Section 48.
127. What laws shall be enacted for the protection of married women ? Section 49.
128. What scheme may the Legislature submit to a vote of the people at any general election ? Section 50. 129. If said plan or scheme shall receive a majority of all the votes cast at such election, what shall the Legislature do at its next session ? Section 50.
ARTICLE VII.
EXECUTIVE DEPARTMENT.
1. Of what officers does the Executive Department consist ? Section 1.
2. The Attorney-General is ex-officio what ? Section 1.
8. What is the length of term of each and when does it begin? Section 1.
4. Where are all the executive officers except the At- torney-General, required to reside? Section 1.
5. Where are they required to keep the records, books and papers pertaining to their respective offices ? Section 1.
6. What shall they perform ? Section 1.
ELECTION.
7. What is said of the election for Governor, Secre- tary of State, State Superintendent of Free Schools, Auditor, Treasurer and Attorney- General? Section 2.
8. What is done with the returns of every election for said officers? Section 3.
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365
QUESTIONS ON THE CONSTITUTION.
9. What does the Speaker of the House of Delegates do with them? Section 3.
10. Where do members of both Houses assemble when the votes for State officers are counted ? Section 3.
11. Who must be declared elected to each office? Sec- tion 3.
12. In case of a tie what is done? Section 3.
13. How are contested elections for the office of Gov- ernor determined? Section 3.
14. By whom is the Secretary of State appointed, and what is the length of his term ? Section 3.
ELIGIBILITY.
15. Can any one of the executive officers hold another office during his term of service? Section 4.
16. Which of the executive officers is ineligible to re- election ? Section 4.
17. In whom shall the chief executive power be vested? Section 5.
18. What shall the Governor do at the beginning of each session of the Legislature? Section 6.
19. What must accompany his message? Section 6.
20. When may the Governor convene the Legislature at his own instance? Section 7.
21. When thus convened, upon what business only shall it enter? Section 7.
22. In whom is the appointing power vested ? Sec- tion 8.
23. How are appointments made by the Governor con- firmed? Section 8.
24. In case of a vacancy in an appointive office, how is the same filled ? Section 9.
25. For what time is a vacancy filled ? Section 9.
26. Can the same person be nominated by the Gov-
366 HISTORY AND GOVERNMENT OF WEST VIRGINIA.
ernor twice for the same office at the same ses- sion of the Senate? Section 9.
27. How and for what may the Governor remove an appointee? Section 10.
28. In case of removal, how is the office filled? Sec- tion 10.
29. Who alone can remit fines and penalties ? Sec- tion 11.
30. In whom is the pardoning power vested ? Section 11.
31. Regarding pardons and remissions of fines, what must the Governor communicate to the Legisla- ture? Section 11.
32. Who is Commander-in-Chief of the military forces of the State? Section 12.
33. When is the Governor not the Commander-in- Chief ? Section 12.
34. For what may he call upon the military ? Sec- tion 12.
35. What may the Governor require of a State officer who has executed his official bond ? Section 13.
36. What may be done if such officer does not furnish such additional security ? Section 13.
37. Every bill passed by the Legislature must be pre- sented to whom ? Section 14.
38. What does he do if he approves it, and what is the effect ? Section 14.
39. What must he do if he does not approve it? Sec- tion 14.
40. What shall the House do upon the return of the bill with the Governor's disapproval? Section 14.
41. If a majority of the said House agree to pass the bill, what action must be taken ? Section 14.
42. Any bill not returned within five days shall be what ? Section 14.
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QUESTIONS ON THE CONSTITUTION.
43. What provision regarding this in case of adjourn- ment of the Legislature? Section 14.
44. In what four ways, then, may a bill become a law ? Section 14.
45. In a bill appropriating money and embracing dis- tinct items, one or more of which be objected to by the Governor, are all other parts of the bill affected ? Section 15.
46. Items excepted to are void, unless what ? Section 15.
47. How may the office of Governor become vacant ? Section 16.
48. In case of vacancy, who is the immediate successor of the Governor? Section 16.
49. Who is the lawful successor of the President of the Senate in the office of Governor? Section 16.
50. In case of inability of the Speaker of the House to fill the office of Governor, what shall be done? Section 16.
51. If a vacancy occurs, when only can a new election be held to fill it ? Section 16.
52. If vacancies occur in the offices of Secretary of State, Auditor, Treasurer, State Superintendent of Free Schools, or Attorney-General, how are the same filled ? Section 17.
53. How long shall such appointee hold his office ? Section 17.
54. All subordinate officers of the Executive Depart- ment and officers of public institutions, are required to keep what account? Section 17.
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