ARTICLE III.

Distribution of Powers.

SECTION 1. The powers of the government shall be divided into three separate departments-the Legislative, the Executive, including the Administrative and the Judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another except as in this Constitution expressly provided.

ARTICLE IV.

Legislative Department.

SECTION. 1. The legislative authority of the State shall be vested in the Legislative Assembly which shall consist of a Senate and House of Representatives. The style of every bill shall be, "Be it enacted by the Legislative Assembly of the State of Oregon," and no law shall be enacted except by bill.

SEC. 2. The Senate shall consist of sixteen, and the House of Representatives of thirty-four members, which number shall not be increased until the year eighteen hundred and sixty, after which time the Legislative Assembly may increase the number of Senators and Representatives; always keeping, as near as may be, the same ratio as to the number of Senators and Representatives; Provided, That the Senate shall never exceed thirty, and the House of Representatives sixty members.

SEC. 3. The Senators and Representives shall be chosen by the electors of the respective counties or districts into which the State may from time to time be divided by law.

SEC. 4. The Senators shall be elected for the term of four years, and Representatives for the term of two years from the day next after their general election; Provided, however, That the Senators elect, at the first session of the Legislative Assembly under this Constitution, shall be divided by lot into two equal classes, as nearly as may be; and the seats of Senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years; so that one-half, as nearly as possible, shall be chosen biennially forever thereafter. And in case of the increase of the number of Senators, they shall be so annexed by lot to one or the other of the two classes as to keep them as nearly equal as possible.

SEC. 5. The Legislative Assembly shall, in the year eighteen hundred and sixty-five, and every ten years after, cause an enumeration to be made of all the white population of the State.

SEC. 6. The number of Senators and Representatives shall, at the session next following an enumeration of the inhabitants by the United States or this State, be fixed by law, and apportioned among the several counties according to the number of white population in each. And the ratio of Senators and Representatives shall be determined by dividing the whole number of white population of such county or district, by such respective ratios; and when a fraction shall result from such division, which shall exceed one-half of such ratio, such county or district shall be entitled to a member for such fraction. And in case any county shall not have the requisite population to entitle such county to a member, then such county shall be attached to some adjoining county for senatorial or representative purposes.

SEC. 7. A senatorial district, when more than one county shall constitute the same, shall be composed of contiguous counties, and no county shall be divided in creating senatorial districts.

SEC. 8. No person shall be a Senator or Representative who, at the time of his election, is not a citizen of the United States; nor any one who has not been for one year next preceding his election an inhabitant of the county or district whence he may be chosen. Senators and Representatives shall be at least twenty-one years of age.

SEC. 9. Senators and Representatives in all cases except for treason, felony, or breaches of the peace, shall be privileged from arrest during the session of the Legislative Assembly, and in going to and returning from the same; and shall not be subject to any civil process during the session of the Legislative Assembly, nor during the fifteen days next before the commencement thereof. Nor shall a member, for words uttered in debate in either House, be questioned in any other place.

SEC. 10. The sessions of the Legislative Assembly shall be held biennially at the Capital of the State, commencing on the second Monday of September, in the year eighteen hundred and fifty-eight, and on the same day of every second year thereafter, unless a different day shall have been appointed by law.

SEC. 11. Each House, when assembled, shall choose its own officers, judge of the election, qualifications and returns of its own members, determine its own rules of proceeding, and sit upon its own adjournments; but neither House shall without the concurrence of the other, adjourn for more than three days, nor to any other place than that in which it may be sitting.

SEC. 12. Two-thirds of each House shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either House fail to effect an organization within the first

five days thereafter, the members of the House so failing shall be entitled to no compensation from the end of the said five days until an organization shall have been effected.

SEC. 13. Each House shall keep a journal of its proceedings. The yeas and nays on any question, shall, at the request of any two members, be entered, together with the names of the members demanding the same, on the journal; Provided, That on a motion to adjourn, it shall require one-tenth of the members present to order the yeas and

nays.

SEC. 14. The doors of each House, and of committees of the whole shall be kept open, except in such cases as in the opinion of either House may require secresy.

SEC. 15. Either House may punish its members for disorderly behavior, and may, with the concurrence of two-thirds, expel a member; but not a second time for the same cause.

SEC. 16. Either House, during its session, may punish by imprisonment any person not a member, who shall have been guilty of disrespect to the House, by disorderly or contemptuous behavior in its presence, but such imprisonment shall not at any time exceed twenty-four hours.

SEC. 17. Each House shall have all powers necessary for a branch of the legislative department of a free and independent State.

SEC. 18. Bills may originate in either House, but may be amended or rejected in the other, except that bills for raising revenue shall originate in the House of Represantatives.

SEC. 19. Every bill shall be read by sections, on three several days, in each House, unless, in case of emergency, two-thirds of the House where such bill may be depending, shall, by a vote of yeas and nays, deem it expedient to dispense with this rule; but the reading of a bill by sections on its final passage shall in no case be dispensed with, and the vote on the passage of every bill or joint resolution shall be taken by yeas and nays.

SEC. 20. Every act shall embrace but one subject, and matters properly connected therewith, which subjects shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.

SEC. 21. Every act and joint resolution shall be plainly worded, avoiding, as far as practicable, the use of technical terms.

SEC. 22. No act shall ever be revised or amended by mere reference to its title, but the act revised or section amended shall be set forth and published at full length.

SEC. 23. The Legislative Assembiy shall not pass special or local laws in any of the following enumerated cases, that is to say:

1. Regulating the jurisdiction and duties of Justices of the Peace, and of Constables;

2.

For the punishment of crimes and misdemeanors;

3. Regulating the practice in courts of justice;

4.

Providing for changing the venue in civil and criminal cases; 5. Granting divorces;

6. Changing the names of persons;

7. For laying, opening and working on highways, and for the election or appointment of supervisors;

8. Vacating roads, town plats, streets, alleys and public squares; 9. Summoning and empaneling grand and petit jurors;

10. For the assessment and collection of taxes for State, county, township or road purposes;

11. Providing for supporting common schools, and for the preservation of school funds;

12. In relation to interest on money;

13. Providing for opening and conducting the elections of State, county or township officers, and designating the places of voting;

14. Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities, by executors, administrators, guardians or trustees;

SEC. 24. Provisions may be made by general law for bringing suit against the State, as to all liabilities originating after or existing at the time of the adoption of this Constitution; but no special act authorizing such suit to be brought, or making compensation to any person claiming damages against the State, shall ever be passed.

SEC. 25. A majority of all the members elected to each House shall be necessary to pass every bill or joint resolution; and all bills and joint resolutions so passed shall be signed by the presiding officers of the respective Houses.

SEC. 26. Any member of either House shall have the right to protest, and have his protest, with his reasons for dissent, entered on the journal.

SEC. 27. Every statute shall be a public law, unless otherwise declared in the statute itself.

SEC. 28. No act shall take effect until ninety days from the end of the session at which the same shall have been passed, except in case of emergency; which emergency shall be declared in the preamble or in the body of the law.

SEC. 29. The members of the Legislative Assembly shall receive for their services a sum not exceeding three dollars a day from the commencement of the session; but such pay shall not exceed in the aggregate one hundred and twenty dollars for per diem allowance for any one session. When convened in extra session by the Governor, they shall receive three dollars per day; but no extra session shall continue

for a longer period than twenty days. They shall also receive the sum of three dollars for every twenty miles they shall travel in going to and returning from their place of meeting, on the most usual route. The presiding officers of the Assembly shall, in virtue of their office, receive an additional compensation equal to two-thirds of their per diem allowance as members.

SEC. 30. No Senator or Representative shall, during the time for which he may have been elected, be eligible to any office, the election to which is vested in the Legislative Assembly; nor shall be appointed. to any civil office of profit which shall have been created, or the emoluments of which shall have been increased during such term, but this latter provision shall not be construed to apply to any officer elective by the people.

SEC. 31. The members of the Legislative Assembly shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation :

I do solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully discharge the duties of Senator (or Representative, as the case may be), according to the best of my ability.

And such oath may be administered by the Governor, Secretary of State, or Judge of the Supreme Court.

ARTICLE V.

Executive Department.

SECTION 1. The chief executive power of the State shall be vested in a Governor, who shall hold his office for the term of four years; and no person shall be eligible to such office more than eight, in any period of twelve years.

SEC. 2. No person, except a citizen of the United States, shall be eligible to the office of Governor, nor shall any person be eligible to that office who shall not have attained the age of thirty years, and who shall not have been three years next preceding his election, a resident within this State.

SEC. 3. No member of Congress, or person holding any office under the United States, or under this State, or under any other power, shall fill the office of Governor; except as may be otherwise provided in this Constitution.

SEC. 4. The Governor shall be elected by the qualified electors of the State, at the times and places of choosing members of the Legisla