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Sec. 32. There shall be a clerk of the Circuit Court in each organized county who shall also be clerk of the County Court, and who shall be elected by the qualified electors of such county. The duties and compensation of said clerk shall be as provided by law and regulated by the rules of the court consistent with the provisions of law.
Sec. 33. Until the Legislature shall provide by law for fixing the terms of court, the judges of the Supreme, Circuit and County Courts respectively shall fix the terms thereof.
Sec. 34. All laws relating to courts shall be general and of uniform operation throughout the State, and the organization, jurisdiction, power, proceedings and practice of all the courts of the same class or grade, so far as regulated by law, and the force and effect of the proceedings, judgments and decrees of such courts severally shall be uniform: Provided, however, That the Legislature may classify the County Courts according to the population of the respective counties and fix the jurisdiction and salary of the judges thereof accordingly.
Sec. 35. No judge of the Supreme or Circuit Courts shall be elected to any other than a judicial office or be eligible thereto, during the term for which he was elected such judge. All votes for either of them during such term for any elective office, except that of judge of the Supreme Court, Circuit Court or County Court, given by the Legislature or the people, shall be void.
Sec. 36. All judges or other officers of the Supreme, Circuit or County Courts provided for in this article shall hold their offices until their successors respectively are elected or appointed and qualified.
Sec. 37. All officers provided for in this article shall respectively reside in the district, county, precinct, city or town for which they may be elected or appointed. Vacancies in the elective offices provided for in this article shall be filled by appointment until the next general election as follows: All judges of the Supreme, Circuit and County Courts by the Gover. nor. All other judicial and other officers by the county board of the counties where the vacancy occurs ; in cases of police magistrates, by the municipality.
Sec. 38. All process shall run in the name of the “State of South Dakota." All prosecutions shall be carried on in the name of and by authority of the “State of South Dakota."
Bill of Rights. Section 1. All men are born equally free and independent, and have certain inherent rights, among which are those of enjoying and defending life and liberty, of acquiring and protecting property and the pursuit of happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.
Sec. 2. No person shall be deprived of life, liberty or property without due process of law.
Sec. 3. The right to worship God according to the dictates of conscience shall never be infringed. No person shall be denied any civil or political right, privilege or position on account of his religious opinions, but the liberty of conscience hereby secured shall not be so construed as to excuse licentiousness, the invasion of the rights of others, or justify practices inconsistent with the peace or safety of the State.
No.person shall be compelled to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious establishment or mode of worship. No money or property of the State shall be given or appropriated for the benefit of any sectarian or religious society or institution.
Sec. 4. The right of petition, and of the people peaceably to assemble to consult for the common good and make known their opinions, shall never be abridged.
Sec. 5. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right. In all trials for libel, both civil and criminal, the truth, when pub. lished with good motives and for justifiable ends, shall be a sufficient defense. The jury shall have the right to determine the fact and the law under the direction of the court.
Sec. 6. The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy, but the Legislature may provide for a jury of less than twelve in any court not a court of record, and for the decision of civil cases by three-fourths of the jury in any court.
Sec. 7. In all criminal prosecutions the accused shall have the right to defend in person and by counsel ; to demand the nature and cause of the accusation against him ; to have a copy thereof; to meet the witnesses against him face to face ; to have compulsory process served for obtaining witnesses in his behalf, and to a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Sec. 8. All persons shall be bailable by sufficient sureties, except for capital offenses when proof is evident or presumption great. The privilege of the writ of habeas corpus shall not be suspended unless, when in case of rebellion or invasion, the public safety may require it.
Sec. 9. No person shall be compelled in any criminal case to give evidence against himself or be twice put in jeopardy for the same offense.
Sec. 10. No person shall be held for a criminal offense unless on the presentment or indictment of the grand jury, or information of the public prosecutor, except in cases of impeachment, in cases cognizable by County Courts, by justices of the peace, and in cases arising in the army and navy, or in the militia when in actual service in time of war or public danger: Provided, That the grand jury may be modified or abolished by law.
Sec. 11. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue but upon probable cause supported by affidavit, particularly describing the place to be searched and the person or thing to be seized.
Sec. 12. No ex post facto law, or law impairing the obligation of contracts or making any irrevocable grant of privilege, franchise or immunity shall be passed.
Sec. 13. Private property shall not be taken for public use, or damaged, without just compensation as determined by a jury, which shall be paid as soon as it can be ascertained and before possession is taken. No benefit which may accrue to the owner as a result of an improvement made by any private corporation shall be considered in fixing the compensation for property taken or damaged. The fee of land taken for railroad tracks or other highways shall remain in such owners, subject to the use for which it is taken.
Sec. 14. No distinction shall ever be made by law between resident aliens and citizens in reference to the possession, enjoy. ment or descent of property.
Sec. 15. No person shall be imprisoned for debt arising out of or founded upon a contract. Sec. 16. The military shall be in strict subordination to the
No soldier in time of peace shall be quartered in any house without consent of the owner, nor in time of war except in the manner prescribed by law.
Sec. 17. No tax or duty shall be imposed without the consent of the people or their representatives in the Legislature, and all taxation shall be equal and uniform.
Sec. 18. No law shall be passed granting to any citizen, class of citizens or corporation, privileges or immunities which upon the same terms shall not equally belong to all citizens or corporations..
Sec. 19. Elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. Soldiers in time of war may vote at their post of duty in or out of the State under regulations to be prescribed by the Legislature.
Sec. 20. All courts shall be open, and every man for an injury done him in his property, person or reputation, shall have remedy by due course of law, and right and justice administered without denial or delay.
Sec. 12. No power of suspending laws shall be exercised, unless by the Legislature or its authority.
Sec. 22. No person shall be attainted of treason or felony by the Legislature.
Sec. 23. Excessive bail shall not be required, excessive fines imposed, nor cruel punishments inflicted.
Sec. 24. The right of the citizens to bear arms in defense of themselves and the State shall not be denied.
Sec. 25. Treason against the State shall consist only in levy. ing war against it, or in adhering to its enemies or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court.
Sec. 26. All political power is inherent in the people, and all free government is founded on their authority and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in such manner as they may think proper. And the State of South Dakota is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land.
Sec. 27. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.
Elections and Rights of Suffraye. Section 1. Every male person resident of this state who shall be of the age of twenty-one years and upwards, not otherwise disqualified, belonging to either of the following classes, who shall be a qualified elector under the laws of the Territory of Dakota at the date of the ratification of this Constitution by the people, or who shall have resided in the United States one year, in this State six months, in the county thirty days, and in the election precinct where he offers his vote ten days next preced. ing any election, shall be deemed a qualified elector at such election:
First. Citizens of the United States.
Second. Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States upon the subject of naturalization.
Sec. 2. The Legislature shall, at its first session after the admission of the State into the Union, submit to a vote of the electors of the State the following question to be voted upon at the next general election held thereafter, namely: "Shall the word male' be stricken from the article of the Constitution relating to elections and the right of suffrage ?” If a majority of the votes cast upon that question are in favor of striking out said word “male," it shall be stricken out and there shall thereafter be no distinction between males and females in the exer. cise of the right of suffrage at any election in this State.
Sec. 3. All votes shall be by ballot, but the Legislature may provide for numbering ballots for the purpose of preventing and detecting fraud.
Sec. 4. All general elections shall be biennial.
Sec. 5. Electors shall in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections and in going to and returning from the