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CONSTITUTION

OF THE

STATE OF SOUTH DAKOTA.

CONSTITUTION OF THE STATE OF SOUTH DAKOTA.

ARTICLE I.

Name Boundary. Section 1. The name of the State shall be

South Dakota. 2. The boundaries.

ARTICLE II. Division of the Powers of Government. 1. The Executive, Legislative and

Judicial.

ARTICLE III.

Legislatire Department. 1. The legislative power is vested

in the Legislature. 2. There shall be not less than

seventy-five nor more than one hundred and thirty-five Representatives, and the number of Senators shall not be less than twenty-five nor more than forty-five.-The sessions

shall be biennially. 3. To be eligible to the office of

Senator.–To be eligible to the office of Representative.Those who are not eligible to

the Legislature. 4. Bribery and perjury debar from

holding office. 5. The census shall be taken in 1895

and every ten years thereafter. 6. The term of office of members

of the Legislature.-Their pay and mileage.-Each regular session shall not exceed sixty

days. 7. The place and time of the first

meeting of the Legislature. 8. They must take the oath or af

firmation. 9. Each house shall be the judge

of the election and qualification of its own members.

Section 10. The Governor to issue writs of

election to fill vacancies. 11. Members of the Legislature to

be privileged from arrest. 12. They may not hold any civil of.

fice in the State during their

term. 13. Each house shall keep a journal. 14. On all elections made by the

Legislature the vote shall be

viva voce. 15. The sessions of each house shall

be open, except. 16. They may not adjourn for more

than three days. 17. Every bill to be read three

times. 18. The enacting clause of a law

shall be. 19. The presiding officer of each

house shall sign all bills. 20. A bill may originate in either

house. 21. No law shall embrace more than

one subject. 22. No act shall take effect until

ninety days after the adjourn

ment, etc. 23. Private and special laws may

not be enacted in the follow

ing cases. 24. The indiebtedness or liability

of any corporation or individ

ual may not be released. 25. Lotteries illegal. 26. Municipal improvements may

not be interfered with by the

Legislature. 27. Suits may be brought against

the State. 28. Bribery shall be punished as

provided by law.

ARTICLE IV.

Executive Department. Section 1. Executive power is vested in

the Governor.-A LieutenantGovernor shall be elected at the same time and for the same

term. 2. To be eligible for the office of

either. 3. Their manner pf election. In

case of tie. 4. The Governor shall be comman

der-in-chief of militia. 5. He shall grant pardons and re

prieves. 6. When his duties shall devolve

upon the Lieutenant-Governor. 7. The Lieutenant-Governor shall

be president of the Senate and shall have casting vote

a

therein. 8. Vacancies to be filled by the

Governor. 9. Every bill to be signed by the

Governor. 10. He may disapprove of any item

or items. 11. If he accepts a bribe. 12. Other State officers which are

to be chosen by qualified elec

tors.
13. Their powers and duties.

Section
9. The presiding judge to be se

lected.
10. To be eligible to the office of

judge of said court, 11. Until otherwise provided, the

districts from which sald judges shall be elected are as

follows. 12. Other officers of the Supreme

Court.--Their pay and term of

office. 13. The Governor shall have the au

thority to require opinions of

judges of the Supreme Court. 14. Circuit Courts.-Their jurisdic

tion. 15. The State shall be divided into

judicial circuits. 16. Said circuits shall be as follow.. 17. The number of judicial circuits

and judges may be increased. 18. Writs of error and appeal may

be allowed. 19. County courts and judges. 20. They shall be courts of record.

Their jurisdiction. 21. They shall have jurisdiction in

certain cases. 22. Justices of the peace.-Their

Jurisdiction. 23. Police magistrates. Their Juris.

diction. 24. The State's Attorney.--His duties

and compensation. 25. To be eligible to the office of

judge of Circuit and County

Courts. 26. Judges of the Supreme, Circuit

and County Courts.- When

chosen and elected. 27. The time of holding courts with

in the said judicial circuits and counties shall be provid.

ed by law. 28. Special terms of said courts

may be held. 29. Judges of Circuit Courts may

hold court in other circuits

than their own. 30. The salary of judges of the Su

preme, Circuit and County Courts.

ARTICLE V.

Judiciary. 1. The judicial powers of the State

shall be vested in a Supreme,

Circuit, County Court, etc. 2. The Supreme Court.-Its juris

diction. 3. Its powers. 4. There shall be at least two

terms of the same. 5. It shall consist of two judges. 6. The number of judges and dis

tricts may be increased. 7. A majority necessary to form a

quorum.
8. Their term of office shall be

four years for those elected at
the first election.-Afterwards
it shall be six years.

Section 31. They may not act as attorneys

at-law. 32. Clerk of the Circuit and County

Court.-His election, duties

and compensation. 33. The terms of the courts to be

fixed by the judges thereof until otherwise provided for

by law. 34. All laws relating to courts shall

be general and of unform

operation. 35. No judge shall be eligible to any

other than a judicial office. 36. All judges and other officers of

the Supreme, Circuit and County Courts shall hold their office until their successors

are qualified. 37. All officers provided for in this

article shall reside in the dis

trict from which they are

elected. 38. The style of all process shall be.

ARTICLE VI.

Bill of Rights. 1. All men are born equally free and

have certain inherent rights. 2. No person shall be deprived of

life, liberty or property with

out due process of law, 3. Freedom of religious worship

and thought.-No sectarian institution shall be supported

by the State. 4. The people have the right to

assemble peacefully to consult

for the common good. 5. Freedom of speech.-In trials

for libel the truth may be

given in evidence. 6. The right of trial by jury shall

remain inviolate. 7. The rights of those accused in

criminal prosecution. 8. Bail shall be accepted except

for capital offenses. 9. No person put in jeopardy twice

for the same offense. 10. No person shall be held for

criminal offense unless on the

Section

presentment or indictment by

the grand jury, etc. 11. Unreasonable searches and seiz

ures forbidden. 12. No ex post facto law. 13. Private property shall not be

taken for public use without

just compensation. 14. Resident aliens shall have the

same rights as citizens in re

gard to property. 15. No person shall be imprisoned

for debt. 16. The military subordinate to the

civil 'power.-Quartering of

soldiers. 17. Taxes to be by the consent of

the people. 18. No special privileges or immuni

ties shall be granted. 19. Elections shall be free and

equal. 20. All courts shall be open and

justice shall be had without

denial or delay. 21. The Legislature alone may sus

pend the laws. 22. No person shall be attainted of

treason or felony by the Leg

islature. 23. Excessive bail or excessive fines

shall not be required nor cruel

punishments inflicted. 24. The right of citizens to bear

arms. 25. Treason against the State de

fined. 26. All political power is inherent

in the people. 27. The blessings of a free govern

ment maintained by a firm adherence to justice, moderation, temperance, frugality and virtue.

ARTICLE VII. Elections and Right of Suffrage. 1. Qualifications for voting. 2. Shall the word "male" be

stricken from the article of the Constitution relating to

election and right of suffrage. 3. All votes shall be taken by bal

lot.

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