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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 No special privileges or immunities shall ever be granted which may be altered, revoked or repealed by the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 unless, 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 yuilty 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 inviolate.
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 vis 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 and no more, and shall be composed of compact and contiguous territory; and no portion of any county shall be attached to any other county, or part thereof, so as to form a district. The districts as thus ascertained and determined shall continue until changed by law.
Sec. 30. The senatorial districts shall be numbered consecu. tively from one upwards, according to the number of districts prescribed, and the Senators shall be divided into two classes. Those elected in the districts designated by even numbers shall constitute one class, and those elected in districts designated by odd numbers shall constitute the other class. The Senators of one class, elected in the year 1890, shall hold their office for two years, those of the other class shall hold their office four years, and the determination of the two classes shall be by lot, so that one-half of the Senators, as nearly as practicable, may be elected biennially.
Sec. 31. The Senate, at the beginning and close of each regular session, and at such other times as may be necessary, shall elect one of its members President pro tempore, who may take the place of the Lieutenant-Governor under rules prescribed by la w.
Sec. 32. The House of Representatives shall be composed of not less than fifty nor more than one hundred and forty members.
Sec. 33. Representatives shall be elected for the term of two years.
Sec. 34. No person shall be a Representative who is not a qualified elector in the district for which he may be chosen, and who shall not have attained the age of twenty-one years, and have been a resident of the State or Territory for two years next preceding his election.
Sec. 35. The members of the House of Representatives shall be apportioned to and elected at large from each senatorial district. The legislative assembly shall, in the year 1895, and every tenth year, cause an enumeration to be made of all the inhabitants of this State, and shall at its first regular session after each such enumeration, and also after each federal census, proceed to fix by law the number of Senators which shall constitute the Senate of North Dakota, and the number of Representatives which shall constitute the House of Representatives of North Dakota, within the limits prescribed by this Constitution, and at the same session shall proceed to reapportion the State into senatorial districts, as prescribed by this Constitution, and to fix the number of members of the House of Representatives to be elected from the several senatorial districts: Provided, that the legislative assembly may, at any regular session, redistrict the State into senatorial districts, and apportion the Senators and Representatives respectively.
Sec. 36. The House of Representatives shall elect one of its members as Speaker.
Sec. 37. No Judge or Clerk of any court, Secretary of State, Attorney-General, Register of Deeds, Sheriff or person holding any office of profit under this State, except in the militia, or office of the Attorney-at-Law, Notary Public or Justice of the Peace, and no person holding any office of profit or honor under any foreign government, or under the government of the United States, except postmasters whose annual compensation does not exceed the sum of three hundred dollars, shall hold any office in either branch of the legislative assembly or become a member thereof.
Sec. 38. No member of the legislative assembly, expelled for corruption, and no person convicted of bribery, perjury or other infamous crime, shall be eligible to the legislative assembly, or to any office in either branch thereof.
Sec. 39. No member of the legislative assembly shall, during the term for which he was elected, be appointed or elected to any civil office in this State, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected; nor shall any member receive any civil appointment from the Governor, or Governor and Senate, during the term for which he shall have been elected.
Sec. 40. If any person elected to either house of the legislative asembly shall offer or promise to give his vote or influence in favor of, or against any measure or proposition pending or proposed to be introduced into the legislative assembly, in consideration, or upon conditions, that any other person elected to the same legislative assembly will give, or will promise or assent to give, his vote or influence in favor of or against any other measure or proposition, pending or proposed to be introduced into such legislative assembly, the person making such offer or promise shall be deemed guilty of solicitation of bribery. If any member of the legislative assembly shall give his vote or
influence for or against any measure or proposition, pending or proposed to be introduced into such legislative assembly, or offer, promise or assent so to do upon condition that any other member will give, promise or assent to give his vote or influence in favor of or against any other such measure or proposition pending or proposed to be introduced into such legislative as. sembly, or in consideration that any other member hath given his vote or influence, for or against any other measure or propo. sition in such legislative assembly, he shall be deemed guilty of bribery. And any person, member of the legislative assembly or person elected thereto, who shall be guilty of either such offenses, shall be expelled, and shall not thereafter be eligible to the legislative assembly, and on the conviction thereof in the civil courts, shall be liable to such further penalty as may be prescribed by law.
Sec. 41. The term of service of the members of the legislative assembly shall begin on the first Tuesday in January next after their election.
Sec. 42. The members of the legislative assembly shall in all cases, except treason, felony and breach of the peace, be privi. leged from arrest during their attendance at the sessions of their respective houses, and in going to or returning from the
For words used in any speech or debate in either house, they shall not be questioned in any other place.
Sec. 43. Any member who has a personal or private interest in any measure or bill proposed or pending before the legislative assembly, shall disclose the fact to the house of which he is a member, and shall not vote thereon without the consent of the house.
Sec. 44. The Governor shall issue writs of election to fill such vacancies as may occur in either house of the legislative assembly.
Sec. 45. Each member of the legislative assembly shall receive as a compensation for his services for each session, five dollars per day, and ten cents for every mile of necessary travel in going to and returning from the place of the meeting of the legislative assembly, on the most usual route.
Sec. 46. A majority of the members of each house shall constitute a quorum, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in