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continues, or renews a tax, or creates a debt or charge, or makes, continues, or renews an appropriation of public or trust money, or releases, discharges, or commutes a claim or demand of the State, the question shall be taken by yeas and nays, which shall be duly entered on the journal; and three-fifths of all the members elected to such House shall, in all such cases, be required to constitute a quorum therein.
9. No scrip, certificate, or other evidence of State debt whatsoever, shall be issued, except for such debts as are authorized by the sixth and seventh sections of this article.
10. The State shall never contract any debt for works of internal improvement, or be a party in carrying on such works; but whenever grants of land or other property shall have been made to the State, especially dedicated by the grant to particular works of internal improvement, the State may carry on such particular works, and shall devote thereto the avails of such grants, and may pledge or appropriate the revenues derived from such works in aid of their completion.
EMINENT DOMAIN AND PROPERTY OF THE STATE.
SECTION 1. The State shall have concurrent jurisdiction on all rivers and lakes bordering on this State, so far as such rivers or lakes shall form a common boundary to the State, and any other State or Territory now or hereafter to be formed and bounded by the same. And the river Mississippi and the navigable waters lead. ing into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the State, as to the citizens of the United States, without any tax, impost, or duty therefor.
2. The title to all lands and other property which have accrued to the Territory of Wisconsin, by grant, gift, purchase, forfeiture, escheat, or otherwise, shall vest in the State of Wisconsin.
3. The people of the State, in their right of sovereignty, are declared to possess the ultimate property in and to all lands within the jurisdiction of the State; and all lands, the title to which shall fail from a defect of heirs, shall revert or escheat to the people.
SECTION 1. The supervision of public instruction shall be vested in a State Superintendent, and such other officers as the Legislature shall direct. The State Super intendent shall be chosen by the qualified electors of the State, in such manner as the Legislature shall provide; his powers, duties, and compensation shall be prescribed by law. Provided, That his compensation shall not exceed the sum of twelve hundred dollars annually.
2. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, for educational purposes (except the lands heretofore granted for the purposes of a university), and all moneys and the clear proceeds of all property that may accrue to the State by forfeiture or escheat, and all moneys which may be paid as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the
20. Any suitor in any court of this State shall have the right to prosecute or defend his suit either in his own proper person, or by an attorney or agent of his choice.
21. The Legislature shall provide by law for the speedy publication of all statute laws, and of such judicial decisions made within the State, as may be deemed expedient. And no general law shall be in force until published.
22. The Legislature, at its first session after the adoption of this Constitution, shall provide for the appointment of three commissioners, whose luty it shall be to inquire into, revise and simplify the rules of practice, pleadings, forms, and proceedings, and arrange a system adapted to the courts of record of this state, and report the same to the Legislature, subject to their modification and adoption ; and such commission shall terminate upon the rendering of the report, unless otherwise provided by law.
23. The Legislature may provide for the appointment of one or more persons in each organized county, and may vest in such persons such judicial powers as shall be prescribed by law: Provided, That said power shall not exceed that of a judge of the Circuit Court at Chambers.
SECTION 1. The rule of taxation shall be uniform, and taxes shall be levied upon such property as the Legislature shall prescribe.
2. No money shall be paid out of the treasury, except in pursuance of an appropriation by law.
3. The credit of the State shall never be given or loaned in aid of any individual, association, or corporation.
4. The State shall never contract any public debt, except in the cases and manner herein provided.
5. The Legislature shall provide for an annual tax sufficient to defray the estimated expenses of the State for each year; and whenever the expenses of any year shall exceed the income, the Legislature shall provide for levying a tax for the ensuing year, sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing year.
6. For the purpose of defraying extraordinary expenditures, the State may contract public debts; but such debts shall never, in the aggregate, exceed one hundred thousand dollars. Every such debt shall be authorized by law, for some purpose or purposes to be distinctly specified therein; and the vote of a majority of all the members elected to each House, to be taken by yeas and nays, shall be necessary to the passage of such law; and every such law shall provide for levying an annual tax sufficient to pay the annual interest of such debt, and the principal within five years from the passage of such law, and shall specially appropriate the proceeds of such taxes to the payment of such principal and interest; and such ap. propriation shall not be repealed, nor the taxes be postponed or diminished, until the principal and interest of such debt shall have been wholly paid.
7. The Legislature may also borrow money to repel invasion, suppress insurrection, or defend the State in time of war; but the money thus raised shall be applied exclusively to the object for which the loan was authorized, or to the repayment of the debt thereby created. & On the passage, in either House of the Legislature, of any law which imposes,
amendments shall be agreed to by a majority of all the members elected to each House, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legis. lature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become part of the Constitution: Provided, That if more than one amendment be submitted, they shall be submitted in such manner that the people may vote for or against such amendments separately.
2. If at any time a majority of the Senate and Assembly shall deem it necessary to call a convention to revise or change this Constitution, they shall recommend to the electors to vote for or against a convention at the next election for members of the Legislature; and if it shall appear that a majority of the electors voting thereon have voted for a convention, the Legislature shall, at its next session, provide for calling such convention.
SECTION 1. The political year for the State of Wisconsin shall commence on the first Monday in January in each year, and the general election shall be holden on the Tuesday succeeding the first Monday in November in each year.
2. Any inhabitant of this state who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessary, shall forever be disqualified as an elector, and from holding any office under the Constitution and laws of this State, and may be punished in such other manner as shall be prescribed by law.
3. No member of Congress, nor any person holding any office of profit or trust under the United States (postmasters excepted), or under any foreign power; no person convicted of any infamous crime in any court within the United States, and no person being a defaulter to the United States, or to this State, or to any county or town therein, or to any State or Territory within the United States, shall be eligible to any office of trust, profit, or honor in this State.
4. It shall be the duty of the Legislature to provide a great seal for the State, which shall be kept by the Secretary of State; and all official acts of the Governor, his approbation of the laws excepted, shall be thereby authenticated.
5. All persons residing upon Indian lands within any county of the State, and qualified to exercise the right of suffrage under this Constitution, shall be entitled to vote at the polls which may be held nearest their residence, for State, United States, or county officers: Provided, That no person shall vote for county officers out of the county in which he resides.
6. The elective officers of the Legislature, other than the presiding officers, shall be a chief clerk, and a sergeant-at-arms, to be elected by each House
7. No county with an area of nine bundred square miles or less, shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county voting on the question, shall vote for the same.
8. No county seat shall be removed until the point to which it is proposed to be removed shall be fixed by law, and a majority of the voters of the county, voting on the question, shall have voted in favor of its removal to such point.
9. All county officers whose election or appointment is not provided for by this Constitution, shall be elected by the electors of the respective counties, or appointed by the boards of supervisors or other county authorities, as the Legislature shall direct. All city, town, and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns, and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed as the Legislature may direct.
10. The Legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy where no provision is made for that purpose, in this Constitution.
SECTION 1. That no inconvenience may arise by reason of a change from a territorial to a permanent State Government, it is declared that all rights, actions, prosecutions, judgments, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if no such change had taken place; and all process which may be issued under the authority of the Territory of Wisconsin, previous to its admission into the Union of the United States, shall be as valid as if issued in the name of the State.
2. All laws now in force in the territory of Wisconsin, which are not repugnant to this Constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the Legislature.
3. All fines, penalties, or forfeitures accruing to the Territory of Wisconsin, shall enure to the use of the State.
4. All recognizances heretofore taken, or which may be taken before the change from a Territorial to a permanent State Government, shall remain valid, and shall pass 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 or their offcial capacity, shall pass to the Governor or the State authority, and their succesbors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly; and all the estate or property, real, personal, or mixed, and all judgments, bonds, specialities, choses in action, and claims or debts of whatsoever description, of the Territory of Wisconsin, shall enure to and vest in the State of Wisconsin, and may be sued for and recovered in the same manner, and to the same extent, by the State of Wisconsin, as the same could have been by the Terri. tory of Wisconsin. All criminal prosecutions and penal actions which may have arisen, or which may arise before the change from a Territorial to a State Government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the State. All offences committed against the laws of the Ter ritory of Wisconsin, before the change from a Territorial to a State Government, and which shall not be prosecuted before such change, may be prosecuted in the name and by the authority of the State of Wisconsin, with like effect as though such change had not taken place; and all penalties incurred shall remain the same As if this Constitution had not been adopted. All actions at law, and suits in equity,
which may be pending in any of the courts of the Territory of Wisconsin, at the time of the change from a Territorial to a State Government, may be continued and transferred to any court of the Stato which shall have jurisdiction of the subject matter thereof.
5. All officers, civil and military, now holding their offices under the authority of the United States, or of the Territory of Wisconsin, shall continue to hold and exercise their respective offices until they shall be superseded by the authority of the State.
6. The first session of the Legislature of the State of Wisconsin sball columence on the first Monday in June next, and shall be held at the village of Madison, which shall be and remain the seat of Government uutil otherwise provided by Law.
7. All county, precinct, and township officors, shall continue to hold their respective offices, unless removed by the competent authority, until the Legislature shall, in conformity with the provisions of this Constitution, provide for the holding of elections to fill such offices respectively.
8. The President of this convention shall, immediately after its adjourpment, cause a fair copy of this Constitution, together with a copy of the act of the Legis. lature of this Territory, entitled “An Act in relation to the formation of a State Government in Wisconsin, and to change the time of holding the annual session of the Legislature," approved October twenty-seventh, one thousand eight hundred and forty.seven, providing for the calling of this convention, and also a copy of 80 much of the last census of this Territory as exhibits the number of its inhabitants, to be forwarded to the President of the United States, to be laid before the Congress of the United States at its present session.
9. This Constitution shall be submitted, at un election to be held on the second Monday in March next, for ratification or rejection, to all white male persons of the age of twenty-one years or upwards, who shall then be residents of this Territory and citizens of the United States, or shall have declared their intention to be como such in conformity with the laws of Congress on the subject of naturalization; and all persons having such qualifications shall be entitled to vote for or against the adoption of this Constitution, and for all officers first elected under it. And if the Constitution be ratified by the said electors, it shall become the Constitution of the State of Wisconsin. On such of the ballots as are for the Constitu. tion, shall be written or printed the word “yes;" and on such as are against the Constitution, the word “no." The election shall be conducted in the manner now prescribed by law, and the returns made by the clerks of the boards of supervisors or county commissioners (as the case may be) to the Governor of the Territory, at any time before the tenth day of April next. And in the event of the ratification of this Constitution, by a majority of all the votes given, it shall be the duty of the Governor of this Territory to make proclamation of the same, and to transmit a digest of the returns to the Senate and Assembly of the State, on the first day of their session. An election shall be held for Governor and Lieutenant-Governor, Treasurer, Attorney-General, members of the State Legislature, and members of Congress, on the second Monday of May next, and no other or further notice of zuch election shall be required. *
* The Constitution being partially revised, we omit sections 10, 11, 12, 14, and the resolutione.