CONSTITUTION: MISSOURI-1820

*** and along the middle of the main channel of the said river Des Moines to the mouth of the same, where it empties into the Mississippi River; there due east to the middle of the main channel of the Mississippi River; thence dosa and following the course of the Mississippi River, in the middle of the main channel thereof, to the place of beginning.

ARTICLE II

OF THE DISTRIBUTION OF POWERS

The powers of government shall be divided into three distinct departments each of which shall be confided to a separate magistracy; and no person charged with the exercise of powers properly belonging to one of those departments shai exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

ARTICLE III

OF THE LEGISLATIVE POWER

SECTION 1. The legislative power shall be vested in a general assembly, which shall consist of a senate and of a house of representatives.

SEC. 2. The house of representatives shall consist of members to be chosen every second year, by the qualified electors of the several counties. Each county shall have at least one representative; but the whole number of representatives shall never exceed one hundred.

SEC. 3. No person shall be a member of the house of representatives who shall not have attained the age of twenty-four years; who shall not be a free white male citizen of the United States; who shall not have been an inhabitant of this State two years, and of the county which he represents one year next before his election, if such county shall have been so long established; but if not, ther of the county or counties from which the same shall have been taken; and who shall not, moreover, have paid a State or county tax.

SEC. 4. The general assembly at their first session, and in the years one tha sand eight hundred and twenty-two and one thousand eight hundred and twentyfour, respectively, and every fourth year thereafter, shall cause an enumeration of the inhabitants of this State to be made; and at the first session after such enumeration shall apportion the number of representatives among the severa. counties, according to the number of free white male inhabitants therein.

SEC. 5. The senators shall be chosen by the qualified electors for the term of four years. No person shall be a senator who shall not have attained to the are of thirty years; who shall not be a free white male citizen of the United States. who shall not have been an inhabitant of this State four years, and of the district which he may be chosen to represent one year next before his election. if such district shall have been so long established; but if not, then of the district or districts from which the same shall have been taken; and who shal not, moreover, have paid a State or county tax.

SEC. 6. The senate shall consist of not less than fourteen nor more than thirtythree members; for the election of whom the State shall be divided into convenient districts, which may be altered from time to time, and new districts established, as public convenience may require, and the senators shall be apportioned among the several districts according to the number of free white male inhabitants in each: Provided, That when a senatorial district shall be composed of two or more counties, the counties of which such district consists shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a district.

SEC. 7. At the first session of the general assembly, the senators shall be divided by lot, as equally as may be, into two classes. The seats of the first class shall be vacated at the end of the second year, and the seats of the second class at the end of the fourth year; so that one-half of the senators shall be choseĽ every second year.

SEC. 8. After the first day of January, one thousand eight hundred and twenty two, all general elections shall commence on the first Monday in August, and shall be held biennially; and the electors, in all cases, except of treason, felony, or breach of the peace, shall be privileged from arrest during their continuance at elections, and in going to and returning from the same.

SEC. 9. The governor shall issue writs of election to fill such vacancies as may occur in either house of the general assembly.

SEC. 10. Every free white male citizen of the United States, who shall have attained the age of twenty-one years, and who shall have resided in this State one year before an election, the last three months whereof shall have been in the county or district in which he offers to vote, shall be deemed a qualified elector of all elective offices: Provided, That no soldier, seaman, or mariner in the Regular Army or Navy of the United States shall be entitled to vote at any election in this State.

SEC. 11. No judge of any court of law or equity, secretary of state, attorneygeneral, State auditor, State or county treasurer, register, or recorder, clerk of any court of record, sheriff, coroner, member of Congress, nor other person holding any lucrative office under the United States or this State, militia officers, justices of the peace, and postmasters excepted, shall be eligible to either house of the general assembly.

SEC. 12. No person who now is or hereafter may be a collector or holder of publice money, nor any assistant or deputy of such collector or holder of public money, shall be eligible to either house of the general assembly, nor to any office of profit or trust until he shall have accounted for and paid all sums for which he may be accountable.

SEC. 13. No person while he continues to exercise the functions of a bishop, priest, clergyman, or teacher or any religious persuasion, denomination, society, or sect whatsoever, shall be eligible to either house of the general assembly; nor shall he be appointed to any office of profit within the State, the office of justice of the peace excepted.

SEC. 14. The general assembly shall have power to exclude from every office of honor, trust, or profit, within the State, and from the right of suffrage, all persons convicted of bribery, perjury, or other infamous crime.

SEC. 15. Every person who shall be convicted of having, directly or indirectly, given or offered any bribe to procure his election or * * *

the authority of the Territory of Missouri shall be as valid as if issued in the name of the State.

SEC. 2. All laws now in force in the Territory of Missouri, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the general assembly.

SEC. 3. All fines, penalties, forfeitures, and escheats, accruing to the Territory of Missouri, shall accrue to the use of the State.

SEC. 4. All recognizances heretofore taken, or which may be taken before the third Monday in September next, shall remain valid, and shall pass over to and may be prosecuted in the name of the State; and all bonds executed to the governor of the Territory, or to any other officer or court, in his official capacity, shall pass over to the governor, or other proper State authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions which have arisen, or which may arise before the third Monday in September next, and which shall then be depending, shall be prosecuted to judgment and execution in the name of the State. All actions at law which now are, or which, on the third Monday in September next, may be depending in any of the courts of record in the Territory of Missouri may be commenced in or transferred to any court of record of the State which shall have jurisdiction of the subject-matter thereof; and all suits in equity may, in like manner, be commenced in or transferred to the court of chancery.

SEC. 5. All officers, civil and military, now holding commissions under the anthority of the United States, or of the Territory of Missouri, shall continue to hold and exercise their respective offices until they shall be superseded under the authority of the State; and all such officers holding commissions under the authority of the Territory of Missouri shall receive the same compensation which they hitherto received, in proportion to the time they shall be so employed.

SEC. 6. The first meeting of the general assembly shall be at Saint Louis, with power to adjourn to any other place; and the general assembly, at the first session thereof, shall fix the seat of government until the first day of October, eighteen hundred and twenty-six; and the first session of the general assembly shall have power to fix the compensation of the members thereof; anything in the constitution to the contrary notwithstanding.

SEC. 7. Until the first enumeration shall be made, as directed in this etsitution, the county of Howard shall be entitled to eight representatives, the county of Cooper to four representatives, the county of Montgomery to two res resentatives, the county of Lincoln to one representative, the county of Pikto two representatives, the county of Saint Charles to three representatives, the county of Saint Louis to six representatives, the county of Franklin to two rep resentatives, the county of Jefferson to one representative, the county of Waxbington to two representatives, the county of Saint Genevieve to four representatives, the county of Cape Girardeau to four representatives, the county of Ner Madrid to two representatives, the county of Madison to one representative, the county of Wayne to one representative, and that part of the county of Saint Lawrence situated within this State, shall attach to and form part of the cou ty of Wayne until otherwise provided by law, and the sheriff of the county of Wayne shall appoint the judges of the first election, and the place of holding the same, in the part thus attached; and any person who shall have resided within the limits of this State five months previous to the adoption of this constitution and who shall be otherwise qualified as prescribed in the third section of the third article thereof, shall be eligible to the house of representatives, anything in this constitution to the contrary notwithstanding.

SEC. 8. For the first election of senators, the State shall be divided into districts, and the apportionment shall be as follows, that is to say, the counties of Howard and Cooper shall compose one district and elect four senators, the counties of Montgomery and Franklin shall compose one district and elect one senator, the county of Saint Charles shall compose one district and elect one senator, the counties of Lincoln and Pike shall compose one district and elect one senator, the county of Saint Louis shall compose one district and elect two senators, the coun ties of Washington and Jefferson shall compose one district and elect one senator, the county of Saint Genevieve shall compose one district and elect one senator, the counties of Madison and Wayne shall compose one district and elect one senator, the counties of Cape Girardeau and New Madrid shall compose one district and elect two senators; and in all cases where a senatorial district consists of more than one county, it shall be the duty of the clerk of the county second named in that district to certify the returns of the senatorial election within their proper county to the clerk of the county first named, within five days after he shall have received the same; and any person who shall have resided within the limits of this State five months previous to the adoption of this constitution, and who shall be otherwise qualified as prescribed in the fifth section of the third article thereof, shall be eligible to the senate of this State, anything in this constitution to the contrary notwithstanding.

CONSTITUTION: MONTANA-1889

have attained the age of twenty-four years, and who shall not be a citizen. of the United States, and who shall not (for at least twelve months next preceding his election) have resided within the county or district in which he stail be elected.

SEC. 4. The Legislative Assembly of this State, until otherwise provided by law, shall consist of sixteen members of the Senate, and fifty-five members of the House of Representatives.

It shall be the duty of the first Legislative Assembly to divide the State into senatorial and representative districts, but there shall be no more than one Senator from each county. The Senators shall be divided into two classes Those elected from odd numbered districts shall constitute one class, and those elected from even numbered districts shall constitute the other class; and when any additional Senators shall be provided for by law his class shall be determined by lot.

One-half of the Senators elected to the first Legislative Assembly shall hold office for one year, and the other half for three years; and it shall be determined by lot immediately after the organization of the Senate, whether the Senators from the odd or even numbered districts shall hold for one or three years.

SEC. 5. Each member of the First Legislative Assembly, as a compensation for his services shall receive six dollars for each day's attendance, and twenty cents for each mile necessarily traveled in going to and returning from the seat of government to his residence by the usually traveled route, and shall receive no other compensation, perquisite or allowance whatsoever.

No session of the Legislative Assembly, after the first, which may be ninety days, shall exceed sixty days.

After the first session, the compensation of the members of the Legislative Assembly shall be as provided by law; Provided, That no Legislative Assembly shall fix its own compensation.

SEC. 6. The Legislative Assembly, (except the first) shall meet at the seat of government at twelve o'clock, noon, on the first Monday of January, next succeeding the general election provided by law, and at twelve o'clock, noon, on the first Monday of January, of each alternate year thereafter, and at other times when convened by the Governor.

The term of service of the members thereof shall begin the next day after their election, until otherwise provided by law; Provided, That the first Legislative Assembly shall meet at the seat of government upon the proclamation of the Governor after the admission of the State into the Union, upon a day to be named in said proclamation, and which shall not be more than fifteen nor less than ten days after the admission of the State into the Union.

SEC. 7. No Senator or Representative shall, during the term for which he shall have been elected, be appointed to any civil office under the State; and no member of Congress, or other person holding an office (except Notary Public, or in the militia) under the United States or this State, shall be a member of either house during his continuance in office.

SEC. 8. No member of either house, shall, during the term for which he shall have been elected, receive any increase of salary or mileage under any law passed during such term.

sonal advantage, to any executive or judicial officer or member of the Legislative Assembly, to influence him in the performance of any of his official or public duties, shall be deemed guilty of bribery, and be punished in such manner as shall be provided by law.

SEC. 43. The offense of corrupt solicitation of members of the Legislative Assembly, or of public officers of the State, or of any municipal division thereof, and the occupation or practice of solicitation of such members or officers, to influence their official action, shall be defined by law, and shall be punishable by fine and imprisonment.

SEC. 44. A member who has a personal or private interest in any measure or bill proposed or pending before the Legislative Assembly shall disclose the fact to the house of which he is a member, and shall not vote thereon.

SEC. 45. When vacancies occur in either house the Governor or the person exercising the functions of the Governor shall issue writs of election to fill the same.

ARTICLE VI

APPORTIONMENT AND REPRESENTATION

SECTION 1. One Representative in the Congress of the United States shall be elected from the State at large, the first Tuesday in October 1889, and thereafter at such times and places, and in such manner as may be prescribed by law. When a new apportionment shall be made by Congress the Legislative Assembly shall divide the State into Congressional districts accordingly.

SEC. 2. The Legislative Assembly shall provide by law for an enumeration of the inhabitants of the State in the year 1895 and every tenth year thereafter; and at the session next following such enumeration, and also at the session next following an enumeration made by the authority of the United States, shall revise and adjust the apportionment for Representatives on the basis of such enumeration according to ratios to be fixed by law.

SEC. 3. Representative districts may be altered from time to time as public convenience may require. When a Representative district shall be composed of two or more counties, they shall be contiguous, and the districts as compact as may be. No county shall be divided in the formation of Representative

districts.

SEC. 4. Whenever new counties are created, each of said counties shall be entitled to one Senator, but in no case shall a Senatorial district consist of more than one county.

SEC. 5. The Senatorial districts of the State shall be constituted and numbered as follows:

The county of Beaverhead shall constitute the First district, and be entitled to one Senator.

The county of Madison shall constitute the Second district, and be entitled to one Senator.

The county of Gallatin shall constitute the Third district, and be entitled to one Senator.

The county of Jefferson shall constitute the Fourth district, and be entitled to one Senator.

The county of Deer Lodge shall constitute the Fifth district, and be entitled to one Senator.

The county of Missoula shall constitute the Sixth district, and be entitled to one Senator.

The county of Lewis and Clarke shall constitute the Seventh district, and be entitled to one Senator.

The county of Choteau shall constitute the Eighth district, and be entitled to one Senator.

The county of Meagher shall constitute the Ninth district, and be entitled to one Senator.

The county of Silver Bow shall constitute the Tenth district, and be entitled to one Senator.

The county of Custer shall constitute the Eleventh district, and be entitled to one Senator.

The county of Yellowstone shall constitute the Twelfth district, and be entitled to one Senator.

The county of Dawson shall constitute the Thirteenth district, and be entitled to one Senator.

The county of Fergus shall constitute the Fourteenth district, and be entitled to one Senator.

The county of Park shall constitute the Fifteenth district, and be entitled to one Senator.

The county of Cascade shall constitute the Sixteenth district, and be entitled to one Senator.

SEC. 6. Until an apportionment of Representatives be made in accordance with the provisions of this Article, they shall be divided among the several counties of the State in the following manner:

The county of Beaverhead shall have two (2).

The county of Madison shall have two (2).

The county of Gallatin shall have two (2).

The county of Jefferson shall have three (3).

The county of Deer Lodge shall have seven (7).

The county of Missoula shall have five (5).

The county of Lewis and Clarke shall have eight (8).

The county of Choteau shall have two (2).

The county of Meagher shall have two (2).

The county of Silver Bow shall have ten (10).

The county of Custer shall have two (2).

The county of Yellowstone shall have one (1).
The county of Fergus shall have two (2).

The county of Park shall have two (2).

The county of Cascade shall have two (2).

The county of Dawson and Cascade shall have one (1) jointly.

The counties of Deer Lodge and Beaverhead shall have one (1) jointly. The counties of Jefferson and Gallatin shall have one (1) jointly.

ARTICLE VII

EXECUTIVE DEPARTMENT

SECTION 1. The Executive department shall consist of a Governor, Lieutenant Governor. Secretary of State, Attorney General, State Treasurer, State Auditor Superintendent of Public Instruction, each of whom shall hold his office for 1, years, or until his successor is elected and qualified, beginning on the first of Jan