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Appeals and Circuit Courts,
etc. 2. The Supreme Court of Appeals
to consist of four judges.
Their term of office. 3. Shall have original jurisdiction
in certain cases enumerated. 4. In regard to decisions of the
Supreme Court of Appeals. 6. In regard to the affirmation or
reversal of a decision by the
Supreme Court of Appeals. 6. A writ of error, supersedeas or
appeals, shall be allowed only by the Supreme Court of Ap
peals. 7. In case of vacancy in Supreme
Court of Appeals how filled. 8. The officers of the Supreme
Court of Appeals, how ap
pointed. 9. At least two terms to be held
annually. 10. The State shall be divided into
thirteen sections. li. A court to be held in every
county at least three times in
each year. 12. The Circuit Court, supervision
and control of the same. 13. Enumeration of the Circuits. 14. They may be rearranged. 15. The Legislature shall provide
by law for holding regular and Special Terms of the
Circuit Court. 16. All judges shall be commis
sioned by the Governor. 17. They may be removed. 18. Clerk of the Circuit Court.-His
duties and compensation. 19. Courts of limited jurisdiction. 20. In regard to the property of
soldiers of the late war of
either side. 21. The laws of the State which
are in force and not repugnant to this article shall con
tinue, etc. 22. There shall be in each county
of the State a County Court. 23. Commissioners of the same to
be elected for a term of office,
etc. 24. County Court to have custody
of all deeds, etc. 25. In regard to actions, suits, etc.,
not embraced in the next pre
ceding section. 26. Clerk of the County Court
His term of office, duties and
compensation. 27. Justices of the peace. 28. Their jurisdiction and au
thority. 29. The County Court may be al
tered or modified. 30. The office of commissioner and
justice of the peace not compatible.
County Organization. 1. The voters of each county shall
elect a surveyor of lands. 2. Also a constable, and if the
population exceeds 1,200,
others. 3. The same person shall not be
elected sheriff for two suc
cessive terms. 4. County Court officers shall be
subject to indictment. 5. The Legislature shall provide
for commissioning such of the officers herein mentioned as
it may deem proper. 6. It shall further provide for the
compensation, duties, etc., of
the same. 7. Conservators of the peace. 8. No new county to be formed
with an area of less than 400 square miles, or a population of less than 6,000.
Turation and Finance, 1. Taxation shall be equal and
uniform. 2. An annual capitation tax of one
dollar. 3. No money to be drawn from the
Treasury but by appropriation.
Section 11. Parallei or competing lines may
not consolidate. 12. Th right of emir domain
not to be abridged.
Section 4. No debt to be contracted by the
State, etc. 6. The power of taxation by the
Legislature. 6. The credit of the State not to
be granted to any of its sub
divisions. 7. County taxes not to exceed for
one year ninety-five cents on
one hundred dollars. 8. The limit of indebtedness in
county, city, etc. 9. Certain corporate bodies may
be authorized to assess and collect taxes.
Corporations. 1. Legislature to provide for the
organization of. 2. What stockholders shall be lia
ble for the indebtedness of
corporations. 3. All existing charters or grants
under which organization shall not have taken place within two years from the time this Constitution takes effect, shall
be invalid. 4. Law to provide for the election
of directors or managers of incorporated companies.-Stockholders shall have the right to vote in person
proxy. . 5. Street railroads may not be con
structed in any city, town or incorporated village without the consent of the local au
thorities. 6. A general banking law for the
creation and organization of
banks. 7. Every railroad corporation do
ing business in the State shall make a report to the Auditor
of public accounts. 8. The rolling stock and moveable
property of railroads shall be
considered personal property. 9. Railroads are public highways. 10. In regard to the establishment
Education. 1. The Legislature shall provide
by general law for a system
of free schools. 2. The State Superintendent.-His
duties. 3. The Legislature may provide
for county superintendents and other officers.-Their duties and powers and compen
sation. 4. School fund. 5. Interest of the school fund to
be used for the support of
free schools. 6. The school districts into which
any county is now divided shall continue until changed
by law. 7. In regard to levies for the sup
port of free schools. 8. White and colored persons shall
not be taught in the same
schools. 9. No person connected with the
free school system of the State shall be interested in the sale of books, etc., used
therein. 10. No independent free school dis
trict shall hereafter be cre
ated, except. 11. No appropriations shall hereal
ter be made to any State Normal school except those al
ready established. 12. The Legislature shall encour
age moral, intellectual, scientific and agricultural improvement.
Land Titles. 1. All private rights in lands in
this State derived from the
entered on the land books of
laws of the State of Virginia
shall remain valid. 2. No entry by warrant on land
in this State shall hereafter
be made. 3. In regard to title of forfeited
lands. 4. Waste and unappropriated land
in this State to be sold to the
land may receive the excess
Amendments. 1. No convention shall be called
having the authority to alter the Constitution of this State,
unless. 2. Any amendment to the Consti
tution may originate at either house.
ARTICLE I. Relations to the Government of the United States. 1. The State of West Virginia is, and shall remain, one of the United States of America. The Constitution of the United States of America, and the laws and treaties made in pursuance thereof, shall be the supreme law of the land.
2. The government of the United States is a government of enumerated powers, and all powers not delegated to it, nor inhibited to the States, are reserved to the States or to the people thereof. Among the powers so reserved to the States is the exclusive regulation of their own internal government and police; and it is the high and solemn duty of the several departments of government, created by this Constitution, to guard and protect the people of this State from all encroachments upon the rights so reserved.
3. The provisions of the Constitution of the United States, and of this State, are operative alike in a period of war as in time of peace, and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism.
4. For the election of representatives to Congress, the State shall be divided into districts, corresponding in number with the representatives to which it may be entitled; which districts shall be formed of contiguous counties, and be compact. Each district shall contain, as nearly as may be, an equal number of population, to be determined according to the rule prescribed in the Constitution of the United States,
1. The territory of the following counties, formerly parts of the Commonwealth of Virginia, shall constitute and form the State of West Virginia, viz.:
The counties of Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Grant, Greenbrier, Hampshire, Hancock, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Logan, Marion, Marshall, Mason, McDowell, Mercer, Mineral, Monongalia, Monroe, Morgan, Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, Preston, Putnam, Raleigh, Randolph, Ritchie, Roane, Summers, Taylor, Tucker, Tyler, Upshur, Wayne, Webster, Wetzel, Wirt, Wood, and Wyoming. The State of West Virginia includes the bed, bank and shores of the Ohio river, and so much of the Big Sandy river as was formerly included in the Commonwealth of Virginia, and all territorial rights and property in, and jurisdiction over the same, heretofore reserved by, and vested in, the Commonwealth of Virginia, are vested in and shall hereafter be exercised by the State of West Virginia.—And such parts of the said beds, banks and shores, as lie opposite and adjoining the several counties of this State, shall form parts of said several counties respectively.
2. The powers of government reside in all the citizens of the State, and can be rightfully exercised only in accordance with their will and appointment.
3. All persons residing in this State, born or naturalized in the United States, and subject to the jurisdiction thereof, shall be citizens of this State.
4. Every citizen shall be entitled to equal representation in the government, and, in all apportionments of representation, equality of number of those entitled thereto shall, as far as practicable, be preserved.
5. No distinction shall be made between resident aliens and citizens, as to the acquisition, tenure, disposition or descent of property.
6. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, 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 on cod. fession in open court. Treason shall be punished according to the character of the acts committed, by the infliction of one, or more, of the penalties, of death, imprisonment or fine, as may be prescribed by law.
7. The present seal of the State with its our motto, "Montani Semper Liberi," shall be the great seal of the State of West Virginia, and shall be kept by the Secretary of State, to be used by him officially, as directed by law.
8. Writs, grants and commissions issued under the authority of this State shall run in the name of, and official bonds shall be made payable to, the State of West Virginia. Indictments shall conclude, “ Against the peace and dignity of the State."
Bill of Rights. 1. All men are, by nature, equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely: The enjoyment of life and liberty, with the means of acquiring and possessing property, and of pursuing and obtaining happiness and safety.
2. All power is vested in, and consequently derived from, the people. Magistrates are their trustees and servants, and at all times amenable to them.
3. Government is instituted for the common benefit, protection and security of the people, nation or community. Of all its various forms that is the best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and when any government shall be found inadequate or contrary to these purposes, a majority of the community has an indubitable, inalienable, and indefeasible right to reform, alter or abolish it in such manner as shall be judged most conducive to the public weal.
4. The privilege of the writ of habeas corpus shall not be suspended. No person shall be held to answer for treason, felony or other crime not cognizable by a justice, unless on presentment or indictment of a grand jury. No bill or attainder, er post facto law, or law impairing the obligation of a contract, shall be passed.