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Sec. 25. The Legislature shall not authorize any game of chance, lottery or gift enterprise, under any pretense or for any purpose whatever.
Sec. 26. The Legislature shall not delegate to any special commission, private corporation, or association, any power to money, property, effects, whether held in trust or otherwise, or levy taxes, or to select a capital site, or to perform any municipal functions whatever.
Sec. 27. The Legislature shall direct by law in what manner and in what courts suits may be brought against the State.
Sec. 28. Any person who shall give, demand, offer, directly or indirectly, any money, testimonial, privilege or personal advantage, thing of value to any executive or judicial officer or member of the Legislature, to influence him in the performance of any of his official or public duties, shall be guilty of bribery, and shall be punished in such manner as shall be provided by law.
The offense or corrupt solicitation of members of the Legislature, or of public officers of the State, or any municipal division thereof, and any effort toward solicitation of said members of the Legislature or officers to influence their official action shall be defined by law, and shall be punishable by fine and imprisonment.
Any person may be compelled to testify in investigation or judicial proceedings against any person charged with having committed any offense of bribery or corrupt solicitation, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself, but said testimony shall not afterwards be used against him in any judicial proceeding except for bribery in giving such testimony, and any person convicted of either of the offenses aforesaid shall be disqualified from holding any office or position or office of trust or profit in this State.
Erecutive Department. Section 1. The executive power shall be vested in a Governor who shall hold his office two years. A Lieutenant-Governor shall be elected at the same time and for the same term.
Sec. 2. No person shall be eligible to the office of Governor or Lieutenant-Governor except a citizen of the United States, and a qualified elector of the State, who shall have attained the age of thirty years, and who shall have resided two years next preceding the election within the State or Territory; nor shall he be eligible to any other office during the term for which he shall have been elected.
Sec. 3. The Governor and Lieutenant - Governor shall be elected by the qualified electors of the State at the time and places of choosing members of the Legislature. The persons respectively having the highest number of votes for Governor and Lieutenant-Governor shall be elected; but if two or more shall have an equal and highest number of votes for Governor or Lieutenant-Governor, the two houses of the Legislature at its next regular session shall forth with, by joint ballot, choose one of such persons for said office. The returns of the election for Governor and Lieutenant-Governor shall be made in such man. ner as shall be prescribed by law.
Sec. 4. The Governor shall be commander-in-chief of the military and naval forces of the State, except when they shall be called into the service of the United States, and may call out the same to execute laws, suppress insurrection and repel invasion. He shall have power to convene the Legislature on extraordinary occasions. He shall, at the commencement of each session, communicate to the Legislature by message, information of the condition of the State, and shall recommend such measures as he shall deem expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expedite all such measures as may be resolved upon by the Legislature, and shall take care that the laws be faithfully executed.
Sec. 5. The Governor shall have the power to remit fines and forfeitures, to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment: Provided, That in all cases where the sentence of the court is capital punishment, imprisonment for life, or for a longer term than two years, or a fine exceeding two hundred dollars, no pardon shall be granted, sentence commuted or fine remitted, except upon the recommendation in writing of a board of pardons, consisting of the presiding judge, Secretary of State and Attorney-General, after a full hearing in open session, and such recommendation, with the reasons therefor, shall be filed in the office of the Secretary of State, but the Legislature may by law in all cases regulate the manner in which the remission of fines, pardons, commutations and reprieves, may be applied for. Upon conviction for treason he shall have the power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next regular session, when the Legislature shall either pardon or commute the sentence, direct the execution of the sentence or grant a fur. ther reprieve. He shall communicate to the Legislature at each regular session each case of remission of fine, reprieve, commutation or pardon, granted by him in the cases in which he is authorized to act without the recommendation of the said board of pardons, stating the name of the convict, the crime of which he is convicted, the sentence and its date, and the date of the remission, commutation, pardon or reprieve, with his reasons for granting the same.
Sec. 6. In case of death, impeachment, resignation, failure to qualify, absence from the State, removal from office or other disability of the Governor, the powers and duties of the office for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the Lieutenant-Governor.
Sec. 7. The Lieutenant-Governor shall be president of the Senate, but shall have only a casting vote therein. If during a vacancy in the office of Governor the Lieutenant-Governor shall be impeached, displaced, resign or die, or from mental or physi. cal disease or otherwise become incapable of performing the duties of his office, the Secretary of State shall act as Governor until the vacancy shall be filled or the disability removed.
Sec. 8. When any office shall, from any cause, become vacant and no mode is provided by the Constitution or law for filling such vacancy, the Governor shall have the power to fill such vacancy by appointment.
Sec. 9. Every bill which shall have passed the Legislature, shall, before it becomes a law, be presented to the Governor. If he approve, he shall sign it; but if not, he shall return it with his objection to the house in which it originated, which shall enter the objection at large upon the journal and proceed to reconsider it. If, after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objection, to the other house, by which it shall likewise be reconsidered, and if it be approved by twothirds of the members present, it shall become a law; but in all such cases the vote of both houses shall be determined by the yeas and nays, and the names of the members voting for and against the bill shall be entered upon the journal of each house respectively. If any bill shall (not) be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law, unless the Legislature shall, by its adjournment, prevent its return, in which case it shall be filed, with his objection, in the office of the Sec. retary of State within ten days after such adjournment, or become a law.
Sec. 10. The Governor shall have power to disapprove of any item or items of any bill making appropriations of money embracing distinct items, and the part or parts of the bill approved shall be law, and the item or items disapproved shall be void, unless enacted in the following manner : If the Legislature be in session he shall transmit to the house in which the bill originated, a copy of the item or items thereof disapproved, together with his objections thereto, and the items objected to shall be separately reconsidered, and each item shall then take the same course as is prescribed for the passage of bills over the executive veto.
Sec. 11. Any Governor of this State who asks, receives, or agrees to receive any bribe upon any understanding that his official opinion, judgment or action shall be influenced thereby, or who gives or offers, or promises his official influence in consideration that any member of the Legislature shall give his official vote or influence on any particular side of any question or inatter upon which he may be required to act in his official capacity, or who menaces any member by the threatened use of his veto power or who offers or promises any member that he, the said Governor, will appoint any particular person or persons to any office created or thereafter to be created in consideration that any member shall give his official vote or influence on any matter pending or thereafter to be introduced into either house of said Legislature or who threatens any member that he, the said Governor, will remove any person or persons from any office or position with intent to in any manner influence the official action of said member, shall be punished in the manner now, or that may hereafter be, provided by law, and upon conviction thereof, shall forfeit all right to hold or exercise any office of trust or honor in this State.
Sec. 12. There shall be chosen by the qualified electors of the State, at the time and places of choosing members of the Legislature, a Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, commissioner of school and public lands, and an Attorney-General, who shall severally hold their offices for the term of two years, but no person shall be eligible to the office of Treasurer for more than two terms consecutively. They shall respectively keep their offices at the seat of government.
Sec. 13. The powers and duties of the Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, commissioner of school and public lands and Attorney-General shall be as prescribed by law.
Judicial Department. Section 1. The judicial powers of the State, except as in this Constitution otherwise provided, shall be vested in a Supreme Court, Circuit Courts, County Courts, and justices of the peace, and such other courts as may be created by law for cities and incorporated towns.
Sec. 2. The Supreme Court, except as otherwise provided in this Constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, and shall have a general superintending control over all inferior courts under such regu. lations and limitations as may be prescribed by law.
Sec. 3. The Supreme Court and the judges thereof shall have power to issue writs of habeas corpus. The Supreme Court shall also have power to issue writs of mandamus, quo warranto, certiorari, injunction, and other original and remedial writs, with authority to hear and determine the same in such cases and under such regulations as may be prescribed by law: Provided, however, That no jury trials shall be allowed in said Supreme Court, but in proper cases questions of fact may be sent by said court to a Circuit Court for trial before a jury.
Sec. 4. At least two terms of the Supreme Court shall be held each year at the seat of government.