CONSTITUTION OF NEBRASKA.

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PREAMBLE.

   We, the people, grateful to Almighty God for our freedom, do ordain and establish the following declaration of rights and frame of government, as the constitution of the State of Nebraska:

   The only object of a preamble is to declare the purpose of what follows. A constitution fitly opens with such a declaration, stating who forms it and for what purpose. This one states that the people organizes this government. The people voted upon the question of having a convention, then they elected the delegates to that convention, and finally they voted to adopt the constitution. This makes that instrument the work of the people. The phrase, "grateful to Almighty God for our freedom," is used to express the fact that the Christian religion is the one held by a majority of the people of the state.

ARTICLE I--BILL OF RIGHTS.

   SECTION 1. All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, and the pursuit of happiness. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.

   This sentiment is reproduced from the Declaration of Independence, and recognizes the doctrine that there is no rightful government that is not organized, by those who are to be governed. "Inherent and inalienable rights" means those rights that we receive at our birth, and that belong to us as human beings and that we cannot sell or give away--cannot deprive ourselves of. "The pursuit of happiness" includes the right to have our
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property protected. The rights to "life, liberty, and the pursuit of happiness" may not include all the rights that are inherent, inalienable, and that government is instituted to secure. These are "among" them, only.

   SEC. 2. There shall be neither slavery nor involuntary servitude in this state otherwise than for punishment of crime whereof the party shall have been duly convicted.

   This follows from the previous declaration that all men are created free and that governments are instituted to protect the liberty of their citizens. When a person commits such a crime as shows him to be dangerous to the community, the community has a right to protect itself by depriving him of his liberty.

    SEC. 3. No person shall be deprived of life, liberty or property, without due process of law.

   Whether or not a person has committed a crime that justifies the community in depriving him of his liberty can be ascertained only after a trial, and this trial must proceed under the forms provided by the laws. A person has the right to know, always, in what manner, and under what forms, the community may deprive him of any right.

  SEC. 4. All persons have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No person shall be compelled to attend, erect, or support any place of worship against his consent, and no preference shall be given by-law to any religious society, nor shall any interference with the rights of conscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morally, and knowledge, however, being essential to good government, it shall be the duty of the legislature to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.
   No one has a right to regulate our consciences or our worship for us. The right of each one to obey his own conscience in the matter of worship cannot be defeated

 

by any law. This applies to his right to attend such church as he chooses, or not to attend; and to helping in the erection and support of any church or religious organization. That a person belongs to any particular church, or does not belong to any, cannot be urged as a qualification or disqualification for an office, nor deny to any suitor in court the right to call him as a witness. This does not say, nor does it mean, that the state, or the law, or the court, only, shall not apply the "religious test;" it means that no one has a right to apply that test. If a voter votes for a candidate solely because of that candidate's religious belief, that voter violates the letter and spirit of this section of the bill of rights. As all the people have the right to their religious belief, it is right that the law shall not give any preference to any religious body or organization, but that it should fully protect each body in the enjoyment of its own organization and mode of worship. As education makes better citizens, the state ought to encourage it.

   SEC. 5. Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth when published with good motives and for justifiable ends, shall be a sufficient defense.

   This is a modification of the law of libel, and allows persons to tell the truth about others, if they do it for the public good. Under the old law of libel, the more truthful the statement the greater the libel.

   SEC. 6. The right of trial by jury shall remain inviolate, but the legislature may authorize trial by a jury of a less number than twelve men, in courts inferior to the district court.

   The right of trial by a jury dates from very early times in England, and is recognized by the common law-to mean by a jury of twelve voters. The state cannot reduce this number, except in courts inferior to the district court, such as county courts, justice courts, and police courts.  

 SEC. 7. The right of the people to be secure in their persons, houses, papers. and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized.

   This right is included in the pursuit of happiness, on the theory of Shylock's famous remark:

"You take my life
When you do take the means whereby I live."

--Merchant of Venice, Act IV, Scene I.

   No person's house can be searched, nor his papers, property or himself seized, until a complaint is made: which must show a probable offense, and must be sworn to. Then a warrant can be issued for the search or seizure. The complaint and warrant must minutely describe the house, papers, goods and persons to be searched or seized.

   SEC. 8. The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it, and then only in such manner as shall be prescribed by law.

   When a person is illegally imprisoned, he makes application to a court, stating the facts to show the illegality. The court will issue an order to an officer, sheriff, or constable, to bring the person before it for inquiry as to the cause of the imprisonment. In early times the orders were in Latin. This writ began, habeas corpus, "you will have the body" of the person, naming him. The right to use this writ is one of the safeguards of a free citizen. There does not seem to be any reason why it should ever be suspended. The law ought to provide that offenders, who interfere with the execution of military officers or troops, may be arrested by such officers or troops and imprisoned until a trial can be had. The right to this writ should never be subject to the disposal of the legislature.

   SEC. 9. All persons shall be bailable by sufficient sureties, except for treason and murder where the proof is evident or

 

the presumption great. Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishments inflicted.

   This recognizes the theory that all persons are innocent until they are proven to be guilty. The community will be safe if the accused persons are placed under bonds that are large enough to keep them from running away, except in cases where there is but little doubt of guilt. "Excessive bail" means that the amount of the bond is higher than the amount that will prevent the escape of the accused. "Excessive fines, and cruel and unusual punishment" are such fines and punishments as have not heretofore been inflicted by the common law.

   SEC. 10. No person shall be held to answer for a criminal offense, except in cases in which the punishment is by fine or imprisonment otherwise than in the penitentiary, in case of impeachment, and in cases arising in the army and navy or in the militia, when in actual service in time of war, or public danger, unless on a presentment or indictment of a grand jury; provided, that the legislature may, by law, provide for holding persons to answer for criminal offenses on information of a public prosecutor; and may, by law, abolish, limit, change, amend, or otherwise regulate the grand jury system.

   In order that prosecutions may not be entered upon lightly, without probable cause, a grand jury of sixteen men must first hear all the evidence for the state. If twelve of that jury think that that evidence is enough to show that the accused is guilty, they say so, and the foreman signs the indictment or charge. Until this is done, no one charged with a felony can be tried., A felony is a crime that will send one to the penitentiary or to be hanged. There has been a great deal of discussion about the grand jury system, and many wise men doubt its value. The legislature of 1885 abolished the grand jury in ordinary cases, reserving the right to the judge of the district court to order one in his discretion.

   SEC. 11. In all criminal prosecutions, the accused shall have the right to appear and defend in person or by counsel, to demand the nature and cause of accusation, and to have a  

copy thereof, to meet the witnesses against him face to face; to have 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.

   Under the practice of European governments, the accused had none of these rights. He had to make his defense in the dark. The dictates of humanity have made this departure from that practice, giving every accused a right to have a lawyer to help in his defense, to have a copy of the paper that makes charges against him, and to be present to see the witnesses when they testify against him; to have orders of the court that shall compel the attendance of witnesses for himself, to have a speedy trial, a trial by a jury that is not biased or prejudiced, and to have it in the county where the crime was committed or said to have been committed.

   SEC. 12. No person shall be compelled, in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offence (sic).

   It would be inhuman to compel an accused person to furnish the evidence to convict himself. A prisoner is allowed to testify if he wishes to do so, but he cannot be compelled. In some European countries, it has been customary, when a prisoner was acquitted, to put him on trial again, in another place, and before another court, for the same offense. This is not right and in this state, when a prisoner has been acquitted, declared innocent by a court or jury, he cannot again be put on trial for the same offense.

   SEC. 13. All courts shall be open, and every person, for any injury done him in his lands, goods, person, or reputation shall have a remedy by due course of law, and justice administered without denial or delay.

   This is a right that is included in the right to life, liberty an it the pursuit of happiness. It prohibits the delays and denials of justice so common in monarchical countries.

 

   SEC. 14. Treason against the state shall consist only in levying war against the state, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

   It is safest that the crime of treason should be defined by the constitution so that no legislature can define it, or change the definition, to suit its prejudices. Levying war against the state and giving aid and comfort to the enemies of the state, fully define the crime. It makes no difference how this aid and comfort are given, whether by gifts or loans of money, munitions of war, means of subsistence, or by words, written or spoken, or by signs that convey ideas. Any act of mind or body that will aid, encourage or comfort an enemy of the state of Nebraska is treason. As treason is the most odious and the highest crime known to society, and as persons accused of that crime can hardly expect the sympathy that other accused persons usually find, such persons need all the safeguards for a fair trial that can be given consistently with the safety of the state. One of these safeguards is the provision that two witnesses to the same overt act of treason are needed in order to convict, if the accused does not confess.

   SEC. 15. All penalties shall be proportioned to the nature of the offense, and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the state for any offense committed within the state.

   The intention of this section is that all penalties shall be proportioned to the magnitude of the offense. Petit larceny and. grand larceny are of the same nature; so are simple assault and an assault with intent to commit a felony; but penalties are proportioned, in larceny, with reference to the amount of property stolen, and with reference to the intent, in assault. It would be monstrous to inflict the same punishment for an assault as for murder, or for the theft of a cent, as for the theft of a  

million dollars. In olden European times, a conviction for some crimes resulted in changing the rule of inheritance, so that the accused could neither receive nor convey property by inheritance, and by a forfeiture of the estates of the accused. The hardship and barbarism of this system are provided against in this section. A fine may be inflicted of a certain sum, but there can be no confiscation of estates, and no relative of an accused shares in the conviction unless personally tried and convicted.

   SEC. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed.

   A "bill of attainder" is a special law that convicts persons, named in it, of treason or other political crimes, and sentences them to death or to forfeiture of estates and corruption of blood (see section 15). Bills of attainder were not uncommon during the troubles times of English history, and even down to the time of the Revolution. The accused had little, if any, opportunity for making a defense. The injustice of this system of trial for crimes was so notorious that the Fathers of the Republic effectually provided against its practice in this country. An ex post facto law, (law made "after the fact,") cannot be passed. A law that increases a penalty of a crime cannot be made to apply to a crime that was committed before the passage of the law; a law defining a crime and making a penalty cannot apply to an act committed before the law was made. All can see that that rule of the Bill of Rights is a very just one. After a contract has been made, it is not just for the legislature to make any law that will set aside that contract or prevent its enforcement by either party. Thus, statutes limiting the time when actions may be brought to enforce contracts, cannot apply to contracts entered into before the law was passed. The remainder of the section means that the

 

legislature cannot grant to railroads or to other corporations, any privileges that cannot be repealed or recalled at any time.

   SEC. 17. The military shall be in strict subordination to the civil power.

   The government of the state is exclusively a civil one, and the military organization is the creature of the civil authorities. The people have no rights under a military government; hence, in a government of the people, the military must be subject to the civil laws.

   SEC. 18. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.

   This is another provision for the benefit and protection of the citizen, and is a departure from the laws 'of many European nations.

   SEC. 19. The right of the people peaceably to assemble to consult for the common good, and to petition the government or any department thereof, shall never be abridged.

   This section necessarily follows from the right of the people to govern. themselves, and is a righteous guaranty of liberty.

   SEC. 20. No person shall be imprisoned for debt in any civil action on mesne or final process, unless in cases of fraud.

   Nearly all the states of the Union have abolished and prohibited imprisonment for debt, once so common, and this state does wisely to prohibit it altogether. "Mesne" means in between; that is, any process before the final process, which is execution. As a fraud is accounted to be a crime, the imprisonment allowed in this section is really an imprisonment for a crime.

   SEC. 21. The property of no person shall be taken or damaged for public use without just compensation therefor.

   All governments have an inherent right to take and use private property for public purposes. This section restrains that right to the extent that the public must pay

the just value of the property taken or damaged. Taking land for railroads, roads, streets, schoolhouses, and, other public buildings, are instances of such taking of private property for public use.

   SEC. 22. All elections shall be free; and there shall be no hindrance or impediment to the right of a qualified voter to exercise the elective franchise.

   This section prohibits any interference with voters. No one is allowed, by any means, to keep a voter away from the polls against his will.

   SEC. 23. The writ of error shall be a writ of right in all cases of felony; and in capital cases shall operate as a supersedeas to stay the execution of the sentence of death until the further order of the supreme court in the premises.

   A writ of error is the paper that informs the Supreme Court that an inferior court has committed an error. This section means that, if the accused thinks that the court that tried him has decided wrongfully, he has the right to take his case to the Supreme Court. A capital case is one where the sentence is death. When one sentenced to death goes to the Supreme Court by writ of error, he cannot be hanged till the court has decided his case. Supersedeas means "you will set aside, suspend, stay."

   SEC. 24. The right to be heard, in all civil cases, in the court of last resort, by appeal, error, or otherwise, shall not be denied.

   All this means that in all civil actions, in the courts, any one of the parties has the right to take his suit to the Supreme Court, by some method, either by appeal or by writ of error, if the legislature has provided no other method.

   SEC. 25. No distinction shall ever be made by law between resident aliens and citizens in reference to the possession, enjoyment, or descent of property.

   This is an unusual provision. It gives to immigrants, who have not become citizens nor declared their in-

 

tentions to do so, the same right to hold and enjoy property, and to pass it to their relatives, that citizens, native-born, enjoy. This is found in very few of the states.

   SEC. 26. 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.

   This is a saving clause, so that if any rights, already enjoyed by the people of Nebraska, should not be included in this Bill of Rights, the omission will not deprive the people of them. The effect of the last clause of the section is, that the government of Nebraska is a very limited one. If no authority is given to the legislature, or to any officer to do any act, and if it is not absolutely necessary for the legislature or for the officer to do that act in order to carry out some authority that is expressly given, that act cannot be done. This is a great inconvenience in many instances, and yet it is a safeguard always necessary, in some degree, in representative governments.

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QUESTIONS.

1.  State the preamble to the constitution.
2.  What is the object of a preamble?
3.  How is this constitution the work of the people?
4.  Can you give the substance of the first section of the bill of rights?
5.  In what other document is this doctrine found ?
6.  What are "inherent and inalienable rights?"
7.  Give the substance of the second section.
8.  How is this derived from the first section?
9.  What is the exception, and why?
10. Give the substance of the third section.
11. What is its meaning?
12. Give the substance of the fourth section.
13. What does the first part of the section mean?
14. What is meant by a religious test? State instances.
15. Give the substance of the fifth section.
16. How does this modify the old law of libel?

 

17. Give the substance of the sixth section.
18. What is the right of trial by jury? What was its origin?
19. Give the substance of the seventh section.
20. How is this included in the first section ?
21. What is the meaning of Shylock's famous reply?
22. Give the substance of the eighth section.
23. What is the writ of "habeas corpus," and how is it obtained?
24. Give the substance of the ninth section.
25. What theory of government is recognized by this section?
26. What is meant by "excessive bail?" By "excessive fines and cruel and unusual punishments?"
27. Give the substance of the tenth section.
28. State the meaning of this section.
29. Give the substance of the eleventh section.
30. How does this differ from the practice in most monarchical countries.
31. Give the substance of the twelfth section.
32. Why is this section right? What evils does it remedy?
33. Give the substance of the thirteenth section.
St. In what statement is this right included?
35. Give the substance of the fourteenth section.
36. Why ought not the definition of the crime of treason to be left to the legislature?
37. What is treason?
38. Why are two witnesses to the same act required?
39. Give the substance of section fifteen.
40. What is the meaning of the section, and why is it right?
41. Give the substance of section sixteen.
42. What is its meaning?
43. Why is it a just provision?
44. Give the substance of section seventeen.
45. What is the reason for this section ?
46. Give the substance of section eighteen.
47. Whom does this provision benefit, and how?
48. Give the substance of section nineteen.
49. What theory of government does this section recognize?
50. Give the substance of section twenty.
51. What is "mesne process."
52. Give the substance of section twenty-one.
53. What right is inherent in all governments, and how does this section modify that right?
54. Give instances of the exercise of this right.
55. Give the substance of section twenty-two.
56. What is the meaning of this section?

 

57. Give the substance of section twenty-three.
58.What is a writ of error?
59. What is a capital case?
60. What is the meaning, in this section, of "supersedeas."
61. Give the substance of section twenty-four.
62. What does this section mean?
63. Give the substance of section twenty-five.
64. What is the moaning of this section?
65. Give tire substance of section twenty-six.
66. What is the meaning of the first part of the section?
67. How does the last part of the section affect the legislative power of the state?
 

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ARTICLE II--DISTRIBUMON OF POWERS.

   SEC. 1. The powers of the government of this state are divided into three distinct departments; the legislative, executive, and judicial; and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly treated or permitted.

ARTICLE III--LEGISLATIVE.

    SECTION 1. The legislative authority is vested in a Senate and house of representatives.

   SEC. 2. The legislature shall provide by law for an enumeration of the inhabitants of the state in the year eighteen hundred and eighty-five, and every ten years thereafter; and at its first regular session after each enumeration, and also after each enumeration made by the authority of the United States, but at no other time, the legislature shall apportion the senators and representatives according to the number of inhabitants, excluding Indians, not taxed, and soldiers and officers of the United States army and navy.

   SEC. 3. The house of representatives shall consist of eighty-four members, and the senate shall consist of thirty members, until the year eighteen hundred and eighty, after which time the number of members of each house shall be regulated by law; but the number of representatives shall never exceed one hundred, nor that of senators thirty-three. The sessions of the legislature shall be bi-ennial, except as otherwise provided in this Constitution.

   SEC. 4. The terms of office of members of the legislature shall be two years, and they shall each receive for their services three dollars for each day's attendance during the session and ten cents for every mile they shall travel in going to and returning from the place of meeting of the legislature on the most usual route. Provided, however, that they shall not receive pay for more than forty days at any one session; and neither members of the legislature nor em-

 

ployes shall receive any pay or perquisites other than their per diem and mileage.

   SEC. 5. No person shall be eligible to the office of senator or member of the. house of representatives who shall not be an elector, and have resided within the district from which he is elected for the term of one year next before his election, unless he shall have been absent on the public business of the United States or of this state. And no person elected as aforesaid shall hold his office after he shall have removed from such district.

   SEC. 6. No person holding office under the authority of the United States, or any lucrative office under the authority of this state, shall be eligible to or have a seat in the legislature; but this provision shall not extend to precinct or township officers, justices of the peace, notaries public or officers of the militia; nor shall any person interested in a contract with, or an unadjusted claim against the state, hold a seat in the legislature.

   SEC. 7. The session of the legislature shall commence at twelve o'clock (noon) on the first Tuesday in January, in the year next ensuing the election of members thereof, and at no other time, unless as provided by this constitution. A majority of the members elected to each house shall constitute a quorum. Each house shall determine the rules of its proceedings, and be the judge of the election returns and qualifications of its members; shall choose its own officers; and the senate shall choose a temporary president to preside when the lieutenant-governor shall not attend as president or shall act as governor. The secretary of state shall call the house of representatives to order at the opening of each new legislature, and preside over it until a temporary presiding officer thereof shall have been chosen and shall have taken his seat. No member shall be expelled by either house, except by a vote of two-thirds of all the members elected to that house, and no member shall be twice expelled for the same offense, Each house may punish by imprisonment any person not a member thereof, who shall be guilty of disrespect to the house, by disorderly or contemptuous behavior in its presence; but no such imprisonment shall extend beyond twenty-four hours at one time, unless the person shall persist in such disorderly or contemptuous behavior.

   SEC. 8. Each house shall keep a journal of its proceedings, and publish them (except such parts as may require secrecy), and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journal. All votes in either house shall viva voce. The doors of each house and of the committee of the whole shall be open, unless when the business shall be such as ought to be kept secret. Neither house shall, without the consent of the other, adjourn for more than three days.

   SEC. 9. Any bill may originate in either house of the legislature, except bills appropriating money, which shall originate only in the house of representatives; and all bills passed by one house may be amended by the other.

 

   SEC. 10. The enacting clause of a law shall be, "Be it enacted by the legislature of the State of Nebraska," and no law shall be enacted except by bill. No bill shall be passed unless by assent of a majority of all the members elected to each house of the legislature. And the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays shall be entered upon the journal.

   SEC. 11. Every bill and concurrent resolution shall be read at large on three different days in each house, and the bill and all amendments thereto shall be printed before the vote is taken upon its final passage. No bill shall contain more than one subject, and the same shall be clearly expressed in its title. And no law shall be amended unless the new act contains the section or sections so amended. and the section or sections so amended shall be repealed. The presiding officer of each house shall sign, in the presence of the house over which he presides, while the same is in session and capable of transacting business, all bills and concurrent resolutions passed by the legislature.

   SEC. 12, Members of the legislature, in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the legislature, and for fifteen days before the commencement and after the termination thereof.

   SEC. 13. No person elected to the legislature shall receive any civil appointment within this state, from the governor an senate, during the term for which he has been elected. And all such appointments, and all votes given for any such member for any such office or appointment, shall be void. Nor shall any member of the legislature, or any state officer, be interested either directly or indirectly, in any contract with the state, county, or city, authorized by any law passed during the term for which he shall have been elected, or within one year after the expiration thereof.

   SEC. 14. The senate and house of representatives in joint convention shall have the sole power or impeachment, but a majority of the members elected must concur therein. Upon the entertainment of a resolution to impeach, by either house, the other house shall at once be notified thereof, and the two houses shall meet in joint convention for the purpose of acting upon such resolution, within three days of such notification. A notice of an impeachment of any officer other than a justice of the supreme court, shall be forthwith served upon the chief justice by the secretary of the senate, who shall thereupon call a session of the supreme court to meet at the capital, within ten days after such notice, to try the impeachment. A notice of an impeachment of a justice of the supreme court shall be served by the secretary of the senate upon the judge of the judicial district within which the capital is located, and he thereupon shall notify all the judges of the district court in the state to meet with him within thirty days at the capital, to sit as a court to try such impeachment, which court shall organize by  

electing one of its number to preside. No person shall be convicted without the concurrence of two-thirds of the members of the court of impeachment, but judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, profit, or trust in this state; but the party impeached, whether convicted or acquitted, shall nevertheless be liable to prosecution and punishment according to law. No officer shall exercise his official duties after he shall have been impeached and notified thereof, until he shall have been acquitted.

   SEC. 15. The legislature shall not pass local or special laws in any of the following cases, that is to say:

   For granting divorces.
   Changing the names of persons and places.
   Laying out, opening, altering, and working roads or highways.
   Vacating roads, town plats, streets, alleys, and public grounds.
   Locating or changing county seats.
   Regulating county and township offices.
   Regulating the practice of courts of justice.
   Regulating the jurisdiction and duties of justices of the peace, police magistrates and constables.
   Providing for changes of venue in civil and criminal cases.
   Incorporating cities, towns, and villages, or changing or amending the charter of any town, city, or village.
   Providing for the election of officers in townships, incorporated towns, or cities.
   Summoning or empaneling grand or petit juries.
   Providing for the bonding of cities, towns, precincts, school districts, or other municipalities.
   Providing for the management of public schools.
   Regulating the interest on money.
   The opening and conducting of any election, or designating the place of voting.
   The sale or mortgage of real estate belonging to minors or others under disability.
   The protection of game or fish.
   Chartering or licensing ferries or toll bridges.
   Remitting fines, penalties, or forfeitures.
   Creating, increasing, and decreasing fees, percentage, or allowances of public officers, during the term for which said officers are elected or appointed.
   Changing the law of descent.
   Granting to any corporation, association, or individual, the right to lay down railroad tracks, or amending existing charters for such purpose.
   Granting to any corporation, association, or individual, any special or exclusive privileges, immunity, or franchise whatever. In all other cases where a general law can be made applicable, no special law shall be enacted.

   SEC. 16. The legislature shall never grant any extra com-

 

pensation 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 diminished during his term of office.

   SEC. 17. The legislature shall never alienate the salt springs belonging to this state.

   SEC. 18. Lands under control of the state shall never be donated to railroad companies, private corporations, or individuals.

   SEC. 19. Each legislature shall make appropriations for the expenses of the government until the expiration of the first fiscal quarter after the adjournment of the next regular session, and all appropriations shall end with such fiscal quarter. And whenever it is deemed necessary to make further appropriations for deficiencies, the same shall require a two-thirds vote of all the members elected to each house, and shall not exceed the amount of revenue authorized by law to be raised in such time. Bills making appropriations for the pay of members and officers of the legislature, and for the salaries of the officers of the government, shall contain no provisions on any other subject.

   SEC. 20. All offices created by this constitution shall become vacant by the death of the incumbent, by removal from the state, resignation, conviction of a felony, impeachment, or becoming of unsound mind. And the legislature shall provide by general law for the filling of such vacancy when no provision is made for that purpose in this constitution.

   SEC. 21. The legislature shall not authorize any games of chance, lottery, or gift enterprise, under any pretense, or for an purpose whatever.

   SEC. 22. No allowance shall be made for the incidental expenses of any state officer, except the same be made by general appropriation, and upon an account specifying each item. No money shall be drawn from the treasury, except in pursuance of a specific appropriation made by law and on the presentation of a warrant issued by the auditor thereon, and no money shall be diverted from any appropriation made for any purpose, or taken from any fund whatever, either by joint or separate resolution. The auditor shall, within sixty days after the adjournment of each session of legislature, prepare and publish a full statement of all moneys expended at such session, specifying the amount of each item, and to whom and for what paid.

   SEC. 23. No member of the legislature shall be liable in any civil or criminal action whatever for words spoken in debate.

   SEC. 24. No act shall take effect until three calendar months after the adjournment of the session at which it passed, unless in case of emergency (to be expressed in the preamble or body of the act) the legislature shall, by a vote of two-thirds of ail the members elected to each house, otherwise direct. All laws shall be published in book form
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