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Section 200. No person shall be tried on
impeachment before he shall have been served with a copy thereof at least twenty days
before day set for trial. 201. Not liable to impeachment
twice for same offense.
ARTICLE XV. Future Amendments.
202. How amendments
Prohibition. Section 217. Intoxicating liquors not to be
sold in the State.
ARTICLE XVI. Compact with the United States. 203. The compact. 204. Jurisdiction is ceeded to the
United States over certain
by the State from the United
206. The name of the State shall be
North Dakota.-Boundary of
the same. 207. Description of the seal. 208. Rights of homestead. 209. Labor of children under twelve
years not legal.
water courses forever the
tween corporations shall be
prohibited. 213. Property rights of women.
1. In regard to the change from
Territorial to State govern
ment. 2. All Territorial laws now in force
shall remain in force till they
expire, or are repealed.
Territory shall accrue to the
cuted to the Territory shall
pass over to the State. 5. All property, credit, claims, etc.,
belonging to the Territory shall pass over to the States
of North and South Dakota. 6. Everything pertaining to Terri
torial courts is to pass over
to State courts. 7. The Territorial court seals are
to be the State court seals till otherwise provided for by
law. 8. Probate Courts.-Probate judges
to act as County Court judges until the election of County
Court judges. 9. Terms, “Probate Court," and
"probate judges," appearing in the statutes of the Territory, after this Constitution goes into effect, shall be held to apply to the County Courts or
county judges. 10. All Territorial, county and pre
cinct officers in office at the time this Constitution takes effect shall hold their offices till their successors shall be
elected. 11. This constitution shall be in
full force immediately upon
215. Location of the same.
calling an election by the peo
ple. 13. Election day shall then be ap
Justice shall constitute
the vote of such election.
within sixty days after the
District Courts, and other
- His duties.
the Fifty-first Congress. 19. The Legislative Assembly at its
first session is to provide for
the payment of all debts, etc. 20. To vote for or against prohi
bition. 21. The agreement made between
North and South Dakota. 22. In regard to illegal tax sales. 23. The signing of the Constitution. 24. Appropriation for one-half the
expense of publishing Terri.
torial reports. 25. Inauguration of State govern.
ment. 26. This Constitution to be pub
PREAMBLE. We, the people of North Dakota, grateful to Almighty God for
the blessings of civil and religious liberty, do ordain and establish this Constitution.
Declaration of Rights. Section 1. All men are by nature equally free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property and reputation, and pursuing and obtaining safety and happiness.
Sec. 2. All political power is inherent in the people. Govern. ment is instituted for the protection, security and benefit of the people, and they have a right to alter or reform the same when. ever the public good may require.
Sec. 3. The State of North Dakota is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land.
Sec. 4. The free exercise and enjoyment of religious pro. fession and worship, without discrimination or preference, shall be forever guaranteed in this State, and no person shall be rendered incompetent to be a witness or juror on account of his opinion on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.
Sec. 5. 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.
Sec. 6. All persons shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted. Witnesses shall not be unreasonably detained, nor be confined in any room where criminals are actually imprisoned.
Sec. 7. The right of trial by jury shall be secured to all, and remain in violate; but a jury in civil cases, in courts not of record, may consist of less than twelve men, as may be prescribed by law.
Sec. 8. Until otherwise provided by law, no person shall, for a felony, be proceeded against criminally, otherwise than by indictment, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger. In all other cases, offenses shall be prosecuted criminally by indictment or information. The legislative assembly may change, regulate or abolish the grand jury system.
Sec. 9. Every man may freely write, speak and publish his opinions on all subjects, being responsible for the abuse of that privilege. In all civil and criminal trials for libel, the truth may be given in evidence, and shall be a sufficient defense when the matter is published with good motives and for justifiable ends; and the jury shall have the same power of giving a general verdict as in other cases; and in all indictments or informations for libels the jury shall have the right to determine the law and the facts under the direction of the court, as in other cases.
Sec. 10. The citizens have a right, in a peaceable manner, to assemble together for the common good, and to apply to those invested with the powers of government for the redress of grievances, or for other proper purposes, by petition, address or remonstrance.
Sec. 11. All laws of a general nature shall have a uniform operation.
Sec. 12. The military shall be subordinate to the civil power. No standing army shall be maintained by this State in time of peace, and no soldiers shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.
Sec. 13. In criminal prosecutions in any court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf; and to appear and defend in person and with counsel. No person shall be twice put in jeopardy for the same offense, nor be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or prop. erty without due process of law.
Sec. 14. Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court for the owner, and no right of way shall be appropriated to the use of any corporation, other than municipal, until full compensation therefor be first made in money or ascer. tained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived.
Sec. 15. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law; or in cases of tort; or where there is strong presumption of fraud.
Sec. 16. No bill of attainder, ex post facto law, or law impairing the obligations of contracts, shall ever be passed.
Sec. 17. Neither slavery or involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State.
Sec. 18. 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 oath or affirmation, particularly describing the place to be searched and the person and things to be seized.
Sec. 19. Treason against the State shall consist only in levy. ing war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or con fession in open court.
Sec. 20. No special privileges or immunities shall ever be granted which may be altered, revoked or repealed by the
legislative assembly; nor shall any citizen or class of citizens be granted privileges or immunities which upon the same terms shall not be granted to all citizens.
Sec. 21. The provisions of this Constitution are mandatory and prohibitory uuless, by express words, they are declared to be otherwise.
Sec. 22. All courts shall be open, and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due process of law, and right and justice admin. istered without sale, denial or delay. Suits may be brought against the State in such manner, in such courts, and in such cases, as the legislative assembly may by law direct.
Sec. 23. Every citizen of this State shall be free to obtain employment wherever possible, and any person, corporation, or agent thereof, maliciously interfering or hindering in any way any citizen froni obtaining or enjoying employment already obtained, from any other corporation or person, shall be deemed guilty of misdemeanor.
Sec. 24. To guard against transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain in violate.
The Legislative Department. Sec. 25. The legislative power shall be vested in a Senate and a House of Representatives.
Sec. 26. The Senate shall be composed of not less than thirty nor more than fifty members.
Sec. 27. Senators shall be elected for the term of four years, except as hereinafter provided.
Sec. 28. No person shall be a Senator who is not a qualified elector in the district in which he may be chosen, and who shall not have attained the age of twenty-five years, and have been a resident of the State or Territory for two years next preceding his election.
Sec. 29. The legislative assembly shall fix the number of Senators, and divide the State into as many senatorial districts as there are Senators, which districts, as nearly as may be, shall be equal to each other in number of inhabitants entitled to representation. Each district shall be entitled to one Senator