Page images
PDF
EPUB

CONSTITUTION OF THE STATE OF SOUTH DAKOTA.

ARTICLE I.

Name -- Boundary. Section 1. The name of the State shall be

South Dakota. 2. The boundaries.

ARTICLE II. Division of the Powers of Government. 1. The Executive, Legislative and

Judicial.

ARTICLE III.

Legislative Department. 1. The legislative power is vested

in the Legislature. 2. There shall be not less than

seventy-five nor more than one hundred and thirty-five Representatives, and the number of Senators shall not be less than twenty-five nor more than forty-five.-The sessions

shall be biennially. 3. To be eligible to the office of

Senator.-To be eligible to the office of Representative.Those who are not eligible to

the Legislature. 4. Bribery and perjury debar from

holding office. 5. The census shall be taken in 1895

and every ten years thereafter. 6. The term of office of members

of the Legislature:-Their pay and mileage.-Each regular session shall not exceed sixty

days. 7. The place and time of the first

meeting of the Legislature. 8. They must take the oath or af

firmation. 9. Each house shall be the judge

of the election and qualification of its own members.

Section 10. The Governor to issue writs of

election to fill vacancies. 11. Members of the Legislature to

be privileged from arrest. 12. They may not hold any civil of.

fice in the State during their

term. 13. Each house shall keep a journal. 14. On all elections made by the

Legislature the vote shall be

viva voce. 15. The sessions of each house shall

be open, except. 16. They may not adjourn for more

than three days. 17. Every bill to be read three

times. 18. The enacting clause of a law

shall be. 19. The presiding officer of each

house shall sign all bills. 20. A bill may originate in either

house. 21. No law shall embrace more than

one subject. 22. No act shall take effect until

ninety days after the adjourn

ment, etc. 23. Private and special laws may

not be enacted in the follow

ing cases. 24. The indebtedness or liability

of any corporation or individ

ual may not be released. 25. Lotteries illegal. 26. Municipal improvements may

not be interfered with by the

Legislature. 27. Suits may be brought against

the State. 28. Bribery shall be punished as

provided by law.

ARTICLE IV.

Executive Department. Section 1. Executive power is vested in

the Governor.-A LieutenantGovernor shall be elected at the same time and for the same

term. 2. To be eligible for the office of

either. 3. Their manner of election.--In

case of tie. 4. The Governor shall be comman

der-in-chief of militia. 5. He shall grant pardons and re

prieves. 6. When his duties shall devolve

upon the Lieutenant-Governor. 7. The Lieutenant-Governor shall

be president of the Senate and shall have casting vote

a

therein. 8. Vacancies to be filled by the

Governor. 9. Every bill to be signed by the

Governor. 10. He may disapprove of any item

or items. 11. If he accepts a bribe, 12. Other State officers which are

to be chosen by qualified elec

tors,
13. Their powers and duties.

Section
9. The presiding judge to be se-

lected.
10. To be eligible to the office of

judge of said court. 11. Until otherwise provided, the

districts from which said judges shall be elected are as

follows. 12. Other officers of the Supreme

Court.-Their pay and term of

office, 13. The Governor shall have the au.

thority to require opinions of

judges of the Supreme Court. 14. Circuit Courts. Their jurisdio

tion. 15. The State shall be divided into

judicial circuits. 16. Said circuits shall be as follows. 17. The number of judicial circuits

and judges may be increased. 18. Writs of error and appeal may

be allowed. 19. County courts and judges. 20. They shall be courts of record.

Their jurisdiction. 21. They shall have jurisdiction in

certain cases. 22. Justices of the peace. Their

jurisdiction. 23. Police magistrates.—Their juris.

diction. 24. The State's Attorney.-His duties

and compensation. 25. To be eligible to the office of

judge of Circuit and County

Courts. 26. Judges of the Supreme, Circuit

and County Courts.-When

chosen and elected. 27. The time of holding courts with

in the said judicial circuits and counties shall be provid

ed by law. 28. Special terms of said courts

may be held. 29. Judges of Circuit Courts may

hold court in other circuits

than their own. 30. The salary of judges of the Su

preme, Circuit and County Courts.

ARTICLE V.

Judiciary 1. The judicial powers of the State

shall be vested in a Supreme,

Circuit, County Court, etc. 2. The Supreme Court.-Its juris

diction. 3. Its powers. 4. There shall be at least two

terms of the same. 5. It shall consist of two judges. 6. The number of judges and dis

tricts may be increased. 7. A majority necessary to form a

quorum.
8. Their term of office shall be

four years for those elected at
the first election. Afterwards
it shall be six years.

Section 31. They may not act as attorneys

at-law. 32. Clerk of the Circuit and County

Court.-His election, duties

and compensation. 33. The terms of the courts to be

fixed by the judges thereof until otherwise provided for

by law. 34. All laws relating to courts shall

be general and of unform

operation. 35. No judge shall be eligible to any

other than a judicial office. 36. All judges and other officers of

the Supreme, Circuit and County Courts shall hold their office until their successors

are qualified. 37. All officers provided for in this

article shall reside in the dis

trict from which they are

elected. 38. The style of all process shall be.

ARTICLE VI.

Bill of Rights. 1. All men are born equally free

and have certain inherent

rights. 2. No person shall be deprived of

life, liberty or property with

out due process of law. 3. Freedom of religious worship

and thought.-NO sectarian institution shall be supported

by the State. 4. The people have the right to

assemble peacefully to consult

for the common good. 5. Freedom of speech.-In trials

for libel the truth may be

given in evidence. 6. The right of trial by jury shall

remain inviolate. 7. The rights of those accused in

criminal prosecution. 8. Bail shall be accepted except

for capital offenses. 9. No person put in jeopardy twice

for the same offense. 10. No person shall be held for

criminal offense unless on the

Section

presentment or indictment by

the grand jury, etc. 11. Unreasonable searches and seiz

ures forbidden. 12. No ex post facto law. 13. Private property shall not be

taken for public use without

just compensation. 14. Resident aliens shall have the

same rights as citizens in re

gard to property. 15. No person shall be imprisoned

for debt. 16. The military subordinate to the

civil power.-Quartering of

soldiers. 17. Taxes to be by the consent of

the people. 18. No special privileges or immuni

ties shall be granted. 19. Elections shall be free and

equal. 20. All courts shall be

open and justice shall be had without

denial or delay. 21. The Legislature alone may sus

pend the laws. 22. No person shall be attainted of

treason or felony by the Leg

islature. 23. Excessive bail or excessive fines

shall not be required nor cruel

punishments inflicted. 24. The right of citizens to bear

arms. 25. Treason against the State de

fined. 26. All political power is inherent

in the people. 27. The blessings of a free govern

ment maintained by a firm adherence to justice, moderation, temperance, frugality and virtue.

ARTICLE VII. Elections and Right of Suffrage. 1. Qualifications for voting. 2. Shall the word "male" be

stricken from the article of the Constitution relating to

election and right of suffrage. 3. All votes shall be taken by bal

lot.

Section 4. General elections shall be bien

nial. 5. Electors to be privileged from

arrest. 6. They shall not be deemed to

have lost residence by reason of absence on business of the

United States or this State. 7. Soldiers of the United States

shall not gain a residence in consequence of being stationed

in this State. 8. Those who may not be qualified

to vote. 9. Women having the qualifications

enumerated in section one may vote in school elections.

Section 11. The permanent school fund

shall be invested only in first

mortgages, etc. 12. The Governor may disapprove

any sale, etc. 13. In regard to defalcation of the

public school fund. 14. School lands to be protected

from trespasses. 15. School corporations may levy ad

ditional taxes. 16. Sectarian schools shall not re

ceive State aid. 17. No teacher or officer shall be in

terested in the sale of books, etc.

ARTICLE IX. County and Toronship Organization. 1. The Legislature shall provide

by general law for organizing

new counties, etc. 2. Location of the county seat. 3. It may be changed. 4. Counties may be organized into

townships. 5. County officers to be elected

every two years. 6. The Legislature shall provide by

law for county, township and

district officers. 7. They shall be electors.

ARTICLE VIII. Education and School Lands. 1. Uniform system of public schools

to be maintained. 2. The proceeds of the sale of pub

lic lands to be used for the

public schools. 3. The interest and income of this

fund together with all net proceeds of fines shall be applied

to school funds. 4. Lands granted by the United

States for the use of public schools may be sold upon the following conditions and no

other. 5. No land shall be sold for less

than ten Idollars an acre.

Terms of sale. 6. All sales shall be conducted

through the office of the commissioner of schools and public

lands. 7. The public school fund shall be perpetual.-It may

be increased, but never diminished. 8. All lands mentioned in the preceding section shall be

appraised and sold in the same

manner as the public lands. 9. In regard to the leasing of lands

mentioned in this article, 10. The law in regard to "Squat

ters."

ARTICLE X.

Municipal Corporations. 1. They shall be provided for by

general law. 2. In regard to the assessment and

levying of taxes. 3. Street railway, telegraph or tele

phone companies inust have the consent of the local authorities.

ARTICLE XI.

Revenue and Finance. 1. The estimated expenses of the

State shall be provided for by

taxation. 2. All taxes on real and personal

property shall be uniform. 3. The power to tax corporation

property shall not be surrendered.

Section 4. Moneys, credits and investments,

etc., to be taxed. 5. Property exempt from taxation. 6. Other property exempt from tax

ation. 7. Laws exempting property from

taxation other than those in sections 5 and 6 of this article,

shall be void. 8. No tax shall be levied except in

pursuance of law. 9. State taxes shall be paid into the

State treasury. 10. The corporate authority of

towns, cities and villages shall have the power to make local

improvements by taxation. 11. The making of profit out of pub

lic money shall be deemed a

felony. 12. A statement of receipts and ex

penditures of public moneys shall be published yearly.

Section 4. The debt of any subdivision of

the State shall never exceed five per cent upon the valuation of taxable property there

in. 5. Any subdivision of the State,

before incurring indebtedness, shall provide for the collection

of an annual tax, etc. 6. In regard to the payment of

debts and liabilities contracted by and in behalf of the Terri

tory of Dakota, etc. 7. The State of South Dakota here

by obligates itself, etc. 8. Refunding bonds may be issued

to the amount of $107,500, bearing interest at four per cent, etc.

ARTICLE XIV,

State Institutions. 1. The charitable and penal insti

tutions of the State. 2. They shall be under the control

of the State. 3. State educational institutions. 4. Board of trustees shall hold their

office for five years.

ARTICLE XV.

ARTICLE XII. Public Accounts and Expenditures. 1. No money shall be paid out of

the treasury except upon ap

propriation. 2. Appropriation bills shall embrace

nothing but appropriations. 3. Extra compensation shall not be

granted to any public officer,

etc. 4. An itemized statement of all re

ceipts and expenditures of public moneys shall be published annually.

ARTICLE XIII.

Public Indebtedness. 1. Neither the State, nor any of its

subdivisions, shall loan or give

its credit. 2. The State may contract debts

not to exceed $100,000. 3. Indebtedness of the State limited

by section 2 shall be in addition to the debt of the Territory, assumed and paid by the State.

Militia, 1. Those eligible for the militia. 2. They shall be uniformed, equip

ped and disciplined. 3. In organizing the militia, it shall

conform as nearly as possible to the armies of the United

States. 4. Militia officers shall be commis

sioned by the Governor. 5. Except in certain

cases, the militia shall be privileged from

arrest. 6. Military records, banners, etc.,

shall be preserved in the office

of the Adjutant-General. 7. No person having conscientious

scruples against bearing arms shall be compelled to do military duty in time of peace.

« PreviousContinue »