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be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.
Sec. 17. There shall be no imprisonment for debt, except in cases of absconding debtors.
Sec. 18. The military shall be in strict subordination to the civil power.
Sec. 19. All 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.
Sec. 20. All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great.
Sec. 21. The right of trial by jury shall remain in violate, but the Legislature may provide for a jury of any number less than twelve in courts not of record, and for a verdict by nine or more jurors in civil cases in any court of record, and for waiving of the jury in civil cases where the consent of the parties interested is given thereto.
Sec. 22. In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused person before final judgment be compelled to advance money or fees to secure rights herein guaranteed.
Sec. 23. No bill of attainder, ex post facto law or law impairing the obligations of contracts shall ever be passed.
Sec. 24. The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.
Sec. 25. Offenses heretofore required to be prosecuted by indictment may be prosecuted by information or by indictment, as shall be prescribed by law.
Sec. 26. No grand jury shall be drawn or summoned in any county, except the superior judge thereof shall so order.
Sec. 27. Treason against the State shall consist only in levy. ing war against the State, or adhering to its enemies, or 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. 28. No hereditary emoluments, privileges or powers shall be granted or conferred in this State.
Sec. 29. The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.
Sec. 30. The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people.
Sec. 31. No standing army shall be kept up by this State in time of peace, and no soldier shall in time of peace be quartered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law.
Sec. 32. A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government.
Legislative Department. Section 1. The legislative powers shall be vested in a Senate and House of Representatives which shall be called “The Legislature of the State of Washington.”
Sec. 2. The House of Representatives shall be composed of not less than sixty-three nor more than ninety-nine members. The number of Senators shall not be more than one-half nor less than one-third of the number of members of the House of Representatives. The first Legislature shall be composed of seventy members of the House of Representatives and thirty-five Senators.
Sec. 3. The Legislature shall provide by law for an enumeration of the inhabitants of the State in the year one thousand eight hundred and ninety-five and every ten years thereafter; and at the first session after such enumeration, and also after each enumeration made by the authority of the United States, the Legislature shall apportion and district anew the members of the Senate and the House of Representatives, according to the
number of inhabitants, excluding Indians not taxed, soldiers, sailors and officers of the United States army and navy in active service.
Sec. 4. Members of the House of Representatives shall be elected in the year eighteen hundred and eighty-nine at the time and in the manner provided by this Constitution, and shall hold their offices for the term of one year and until their successor shall be elected.
Sec. 5. The next election of the members of the House of Representatives after the adoption of this Constitution shall be on the first Tuesday after the first Monday of November, eighteen hundred and ninety, and thereafter, members of the House of Representatives shall be elected biennially and their term of office shall be two years, and each election shall be on the first Tuesday after the first Monday in November unless otherwise changed by law.
Sec. 6. After the first election the Senators shall be elected by single districts of convenient and contiguous territory, at the same time and in the same manner as members of the House of Representatives are required to be elected; and no representative district shall be divided in the formation of a senatorial district. They shall be elected for the term of four years, one-half of their number retiring every two years. The senatorial districts shall be numbered consecutively, and the Senators chosen at the first election had by virtue of this Constitution, in odd numbered districts, shall go out of office at the end of the first year; and the Senators elected in the even numbered districts, shall go out of office at the end of the third year.
Sec. 7. No person shall be eligible to the Legislature who shall not be a citizen of the United States and a qualified voter in the district for which, he is chosen.
Sec. 8. Each house shall be the judge of the election, returns and qualifications of its own members, and a majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day and may compel the attendance of absent members, in such manner and under such penalties as each house may provide.
Sec. 9. Each house may determine the rules of its own proceedings, punish for contemot and disorderly behavior, and with the concurrence of two-thirds of all the members elected, expel a member, but no member shall be expelled a second time for the same offense.
Sec. 10. Each house shall elect its own officers; and when the Lieutenant-Governor shall not attend as president, or shall act as Governor, the Senate shall choose a temporary president. When presiding, the Lieutenant-Governor shall have the deciding vote in case of an equal division of the Senate.
Sec. 11. Each house shall keep a journal of its proceedings and publish the same, except such parts as require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall adjourn for more than three days, nor to any place other than that in which they may be sitting, without the consent of the other.
Sec. 12. The first Legislature shall meet on the first Wednesday after the first Monday in November, A. D. 1889. The second Legislature shall meet on the first Wednesday after the first Monday in January, A. D. 1891, and sessions of the Legislature shall be held biennially thereafter, unless specially convened by the Governor, but the times of meeting of subsequent sessions may be changed by the Legislature. After the first Legislature the sessions shall not be more than sixty days.
Sec. 13. No member of the Legislature, during the term for which he is elected, shall be appointed or elected to any civil office in the State which shall have been created, or the emoluments of which shall have been increased during the term for which he was elected.
Sec. 14. No person being a member of Congress, or holding any civil or military office under the United States or any other power, shall be eligible to be a member of the Legislature; and if any person after his election as a member of the Legislature, shall be elected to Congress or be appointed to any other office, civil or military, under the government of the United States, or any other power, his acceptance thereof shall vacate his seat: Provided, That officers in the militia of the State who receive no annual salary, local officers and postmasters whose compensation does not exceed three hunderd dollars per annum, shall not be ineligible.
Sec. 15. The Governor shall issue writs of election to fill such vacancies as may occur in either house of the Legislature.
Sec. 16. Members of the Legislature shall be privileged from arrest in all cases except treason, felony and breach of the peace; They shall not be subject to any civil process during the sessions of the Legislature, nor for fifteen days next before the commencement of each session.
Sec. 17. No member of the Legislature shall be liable in any civil action or criminal prosecution whatever, for words spoken in debate.
Sec. 18. The style of the laws of the State shall be: "Be it enacted by the Legislature of the State of Washington." And no law shall be enacted except by bill.
Sec. 19. No bill shall embrace more than one subject, and that shall be expressed in the title.
Sec. 20. Any bill may originate in either house of the Legislature, and a bill passed by one house may be amended in the other.
Sec. 21. The yeas and nays of the members of either house shall be entered on the journal, on the demand of one-sixth of the members present.
Sec. 22. No bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal of each house, and a majority of the members elected to each house be recorded thereon as voting in its favor.
Sec. 23. Each member of the Legislature shall receive for his services five dollars for each day's attendance during the session, and ten cents for every mile he shall travel in going to and re turning from the place of meeting of the Legislature, on the most usual route.
Sec. 24. The Legislature shall never authorize any lottery or grant any divorce.
Sec. 25. The Legislature shall never grant any extra compensation to any public officer, agent, servant, or contractor, after the services shall have been rendered, or the contract entered into, nor shall the compensation of any public officer be increased or diminished during his term of office.
Sec. 26. The Legislature shall direct by law in what manner and in what courts suits may be brought against the State.
Sec. 27. In all elections by the Legislature the members shall vote viva voce, and their votes shall be entered on the journal.