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Sec. 3. The Governor and Lieutenant-Governor shall be elected by the qualified electors of the State at the times 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 in case two or more shall bave an equal and the highest number of votes for Governor or Lieutenant-Governor, the two Houses of the Legislature, at its next annual session, shall forth with, by joint ballot, choose one of the persons so having an equal and the highest number of votes for Governor or Lieutenant-Governor. The returns of election for Governor and Lieutenant-Governor shall be made in such manner as shall be provided by law.
Sec. 4. The Governor shall be Commander-in-Chief of the military and naval forces of the State. He shall have the power to convene the Legislature on extraordinary occasions; and in case of invasion, or danger from the prevalence of contagious disease at the seat of the government, he may convene them at any other suitable place within the State. He shall communicate to the Legislature, at every session, the condition of the State, and recommend such matter to them for their consideration, as he may 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 receive during his continuance in office, an annual compensation of one thousand two hundred and fifty dollars.
Sec. 6. The Governor shall have power to grant reprieves, commutations, and pardons, after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have the power to suspend the execution of the sentence until the case shall be reported to the Leg. islature, at its next meeting, when the Legislature shall either pardon, or commute the sertence, direct the execution of the sentence or grant a further reprieve. He shall annually communicate to the Legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime
of which he was convicted, the sentence and its date, and the date of the commutation, pardon, or reprieve, with his reasons for granting the same.
Sec. 7. In case of the impeachment of the Governor, or his removal from office, death, inability from mental or physical disease, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor, for the residue of the term, or until the Governor, absent or impeached, shall have returned, or the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of the military force thereof, he shall continue Commander-in-Chief of the military force of the State.
Sec. 8. 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, die, or from mental or physical disease become incapable of performing the duties of his office, or be absent from the State, the Secretary of State shall act as Governor until the vacancy shall be filled, or the disability shall cease.
Sec. 9. The Lieutenant-Governor shall receive double the per diem allowance of members of the Senate, for every day's attendance as President of the Senate, and the same mileage as shall be allowed to members of the Legislature.
Sec. 10. 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 objections, to that House in which it shall have originated, who shall enter the objections 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 objections to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on 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 their adjournment, prevent its return; in which case it shall not be a law.
Administrative. Section 1. There shall be chosen by the qualified electors of the State, at the times and places of choosing the members of the Legislature, a Secretary of State, Treasurer, and AttorneyGeneral, who shall severally hold their offices for the term of two years.
Sec. 2. The Secretary of State shall keep a fair record of the official acts of the Legislature and executive department of the State, and shall, when required, lay the same and all matters relative thereto, before either branch of the Legislature. He shall be ex officio auditor, and shall perform such other duties as shall be assigned him by law. He shall receive as a compensation for his services, yearly, such sum as shall be provided by law, and shall keep his office at the seat of government.
Sec. 3. The powers, duties and compensation of the Treasurer and Attorney-General shall be prescribed by law.
Sec. 4. Sheriffs, coroners, registers of deeds and district attorneys shall be chosen by the electors of the respective counties, once in every two years, and as often as vacancies shall happen. Sheriffs shall hold no other office, and be ineligible for two years next succeeding the termination of their offices. They may be required by law to renew their security from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The Governor may remove any officer in this section mentioned, giving to such officer a copy of the charges against him and an opportunity of being heard in his defense.
Judiciary. Section 1. The court for the trial of impeachment shall be composed of the Senate. The House of Representatives shall have the power of impeaching all civil officers of this State, for corrupt conduct in office, or for crimes and misdemeanors; but a majority of all the members elected shall concur in an impeach.
On the trial of an impeachment against the Governor, the Lieutenant-Governor shall not act as a member of the court. No judicial officer shall exercise his office after he shall have been impeached, until his acquittal. Before the trial of an impeachment, the members of the court shall take an oath or affirmation truly and impartially to try the impeachment, according to evidence; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office or removal from office and disqualification to hold any office of honor, profit or trust, under the State; but the party impeached shall be liable to indictment, trial and punishment according to law.
Sec. 2. The judicial power of this State, both as to matters of law and equity, shall be vested in a Supreme Court, Circuit Courts, Courts of Probate, and in justices' of the peace. The Legislature may also vest such jurisdiction as shall be deemed necessary in Municipal Courts, and shall have power to establish inferior courts in the several counties, with limited civil and criminal jurisdiction. Provided, That the jurisdiction which may be vested in Municipal Courts shall not exceed, in their respective municipalities, that of Circuit Courts in their respective circuits, as prescribed in this Constitution; and that the Legislature shall provide as well for the election of judges of the Municipal Courts as of the judges of inferior courts, by the qualified electors of the respective jurisdictions. The term of office of the judges of the said municipal and inferior courts shall not be longer than that of the judges of the Circuit Courts.
Sec. 3. The Supreme Court, except in cases otherwise provided in this Constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State; but in no case removed to the Supreme Court, shall a trial by jury be allowed. The Supreme Court shall have a general superintending control over all inferior courts; it shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and other original and remedial writs, and to hear and determine the same.
Sec. 4. For the term of five years, and thereafter until the Legislature shall otherwise provide, the judges of the sev. eral Circuit Courts shall be judges of the Supreme Court, four of whom shall constitute a quorum, and the concurrence of a majority of the judges present shall be necessary to a decision. The Legislature shall have power, if they should think it expedient and necessary, to provide by law for the organization of a separate Supreme Court with the jurisdiction and powers prescribed in this Constitution, to consist of one chief justice and two associate justices to be elected by the qualified voters of the State, at such time and in such manner as the Legislature may provide. The separate Supreme Court, when so organized, shall not be changed or discontinued by the Legislature; the judges thereof shall be so classified that but one of them shall go out of office at the same time, and their term of office shall be the same as provided for the judges of the Circuit Court. And whenever the Legislature may consider it necessary to establish a separate Supreme Court, they shall have the power to reduce the number of circuit judges to four, and subdivide the judicial districts; but no such subdivision or reduction shall take effect until after the expiration of the term of some one of the said judges, or until a vacancy occur by some other means.
Sec. 5. The State shall be divided into five judicial circuits, to be composed as follows: The First circuit shall comprise the counties of Racine, Walworth, Rock, and Green. The Second circuit, the counties of Milwaukee, Waukesha, Jefferson and Dane. The Third circuit, the counties of Washington, Dodge, Columbia, Marquette, Sauk and Portage. The Fourth circuit, the counties of Brown, Manitowoc, Sheboygan, Fond du Lac, Winnebago and Calumet. And the Fifth circuit shall comprise the counties of Iowa, La Fayette, Grant, Crawford and St. Croix; and the county of Richmond shall be attached to Iowa, the county of Chippewa to the county of Crawford, and the county of La Pointe to the county of St. Croix, for judicial purposes, until otherwise provided by the Legislature.
Sec. 6. The Legislature may alter the limits, or increase the number of circuits, making them as compact and convenient as practicable, and bounding them by county lines; but no such alteration or increase shall have the effect to remove a judge from office. In case of an increase of circuits, the judge or judges shall be elected as provided in this Constitution, and receive a salary not less than that herein provided for judges of the Circuit Court.