Page images
PDF
EPUB
[graphic]

PREAMBLE. We, the people of Kansas, grateful to Almighty God for our civil

and religious privileges, in order to insure the full enjoyment of our rights as American citizens, do ordain and establish tbis Constitution of the State of Kansas, with the following boundaries, to wit: Beginning at a point on the western boundary of the State of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence running west on said parallel to the twenty-fifth meridian of longitude west from Washington; thence north on said meridian to the fortieth parallel of north latitude; thence east on said parallel to the western boundary of the State of Missouri; thence south with the western boundary of said State to the place of beginning.

Bill of Rights. Section 1. All men are possesssed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.

Sec. 2. All political power is inherent in the people, and all free governments are founded on their authority, and are instituted for their equal protection and benefit. No special privileges or immunities shall ever be granted by the Legislature, which may not be altered, revoked or repealed by the same body; and this power shall be exercised by no other tribunal or agency.

Sec. 3. The people have the right to assemble, in a peaceable manner, to consult for their common good, to instruct their representatives, and to petition the government, or any department thereof, for the redress of grievances.

Sec. 4. The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.

Sec. 5. The right of trial by jury shall be inviolate.

Sec. 6. There shall be no slavery in this State; and no involuntary servitude, except for the punishment of crime, whereof the party shall have been duly convicted.

Sec. 7. The right to worship God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend or support any form of worship; nor shall any control of, or interference with the rights of conscience be permitted, nor any preference be given by law to any religious establishment or mode of worship. No religious test or property qualification shall be required for any office of public trust, nor for any vote at any election, nor shall any person be incompetent to testify on account of religious belief.

Sec. 8. The right to the writ of habeas corpus shall not be suspended, unless the public safety requires it in case of invasion or rebellion.

Sec. 9. All persons shall be bailable by sufficient sureties except for capital offenses, where proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.

Sec. 10. In all prosecutions, the accused shall be allowed to appear and defend in person, or by counsel; to demand the nature and cause of the accusation against him; to meet the witness face to face, and to have compulsory process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. No person shall be a witness against himself, or be twice put in jeopardy for the same offense.

Sec. 11. The liberty of the press shall be inviolate; and all persons may freely speak, write or publish their sentiments on all subjects, being responsible for the abuse of such right; and in all civil or criminal actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the alleged libelous matter was published for justifiable ends, the accused party shall be acquitted.

Sec. 12. No person shall be transported from the State for any offense committed within the same, and no conviction in the State shall work a corruption of blood or forfeiture of estate.

Sec. 13. Treason shall consist only in levying war against the State, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the overt act, or confession in open court.

Sec. 14. No soldier shall, in time of peace, be quartered in any bouse without the consent of the occupant, nor in time of war, except as prescribed by law.

Sec. 15. The right of the people to be secure in their persons and property against unreasonable searches and seizures, shall be in violate; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or property to be seized.

[graphic]

Sec. 16. No person shall be imprisoned for debt except in cases of fraud.

Sec. 17. No distinction shall ever be made between citizens of the State of Kansas and the citizens of other States and Terri. tories of the United States in reference to the purchase, enjoyment or descent of property. The rights of aliens in reference to the purchase, enjoyment or descent of property may be regulated by law. (Adopted 1888.)

Sec. 18. All persons, for injuries suffered in person, reputation or property, shall have remedy by due course of law, and justice administered without delay.

Sec. 19. No hereditary emoluments, honors, or privileges shall ever be granted or conferred by the State.

Sec. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers not herein delegated remain with the people.

ARTICLE I.

Erecutive. Section 1. The executive department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, and Superintendent of Public Instruction; who shall be chosen by the electors of the State at the time and place of voting for members of the legislature, and shall hold their offices for the term of two years from the second Monday in January, next after their election, and until their successors are elected and qualified.

Sec. 2. Until otherwise provided by law, an abstract of the returns of every election, for the officers named in the foregoing section, shall be sealed up and transmitted by the clerks of the boards of canvassers of the several counties, to the Secretary of State, who, with the Lieutenant Governor and Attorney General shall constitute a Board of State Canvassers, whose duty it shall be to meet at the State capital on the second Tuesday of December succeeding each election for State officers and canvass the vote for such officers and proclaim the result; but in case any two or more have an equal and the highest number of votes, the legislature shall by joint ballot choose one of said persons so having an equal and the highest number of votes for said office. Sec. 3. The supreme executive power of the State shall be vested in a Governor, who shall see that the laws are faithfully executed.

Sec. 4. He may require information in writing from the officers of the executive department, upon any subject relating to their respective duties.

Sec. 5. He may, on extraordinary occasions, convene the legisture by proclamation, and shall, at the commencement of every session, communicate in writing such information as he may possess in reference to the condition of the State, and recommend such measures as he may deem expedient.

Sec. 6. In case of disagreement between the two houses in respect to the time of adjournment, he may adjourn the legislature to such time as he may think proper, not beyond its regular meeting

Sec. 7. The pardoning power shall be vested in the Governor, under regulations and restrictions prescribed by law.

Sec. 8. There shall be a seal of the State, which shall be kept by the Governor, and used by him officially; and which shall be the great seal of Kansas.

Sec. 9. All commissions shall be issued in the name of the State of Kansas, signed by the Governor, countersigned by the Secretary of State, and sealed with the great seal.

Sec. 10. No member of Congress, or officer of the State, or of the United States, shall hold the office of Governor, except as herein provided.

Sec. 11. In case of the death, impeachment, resignation, removal or other disability of the Governor, the power and duties of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the president of the Senate.

Sec. 12. The Lieutenant Governor shall be president of the Senate, and shall vote only when the Senate is equally divided. The Senate shall choose a president pro tempore, to preside in case of his absence or impeachment, or when he shall hold the office of Governor.

ARTICLE II.

Legislative. Sec. 13. If the Lieutenant Governor, while holding the office of Governor, shall be impeached or displaced, or shall resign or die, or otherwise become incapable of performing the duties of the office, the president of the Senate shall act as Governor until the vacancy is filled, or the disability removed; and if the President of the Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of Governor, the same shall devolve upon the speaker of the House of Representatives.

Sec. 14. Should either the Secretary of State, Auditor, Treasurer, Attorney General, or Superintendent of Public Instruction become incapable of performing the duties of his office for any of the causes specified in the thirteenth section of this article, the Governor shall fill the vacancy until the disability is removed, or a successor is elected and qualified. Every such vacancy shall be filled by election, at the first general election that occurs more than thirty days after it shall have happened; and the person chosen shall hold the office for the unexpired term.

Sec. 15. The officers mentioned in this article shall, at stated times, receive for their services a compensation to be established by law, which shall neither be increased nor diminished during the period for which they shall have been elected.

Sec. 16. The officers of the executive department, and of all public State institutions, shall, at least ten days preceding each regular session of the legislature, severally report to the Governor, who shall transmit such reports to the legislature.

ARTICLE II.

Legislative. Section 1. The legislative power of this State shall be vested in a House of Representatives and Senate.

Sec. 2. The number of Representatives and Senators shall be regulated by law, but shall never exceed one hundred and twenty five Representatives and forty Senators. From and after the adoption of the amendment the House of Representatives shall admit one member for each county, in which at least two hundred and fifty legal votes were cast at the next preceding general election; and each organized county, in which less than two hundred legal votes were cast at the next preceding general election shall be attached to and constitute a part of the representative district of the county lying next adjacent to it on the east.

Sec. 3. The members of the legislature shall receive as compensation for their services the sum of three dollars for each day's actual service at any regular or special session, and fifteen cents for each mile traveled by the usual route in going to and

« PreviousContinue »