ARTICLE XVI. Impeachment and Removal from Office. Section 1. The sole power of impeachment is in the House of Representatives. 2. Shall be tried by the Senate. 3. Which officers are liable to im peachment. 4. Other officers subject to removal. 5. May not exercise the duties of office after impeachment. 6. On trial of impeachment against the Governor, the LieutenantGovernor shall not act as a member of the court. 7. To be served with a copy of impeachment at least twenty days before trial. 8. No person liable to impeachment twice for the same offense. ARTICLE XVII. Corporations. 1. The Legislature shall provide by general laws for the organization of corporations. 2. All existing charters under which organization shall not have taken place at the time this Constitution takes effect, shall be valid. 3. The Legislature shall not remit the forfeiture of the charter of any corporation now existing. 4. The right of eminent domain. 5. In all elections for directors or managers of corporations, each shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more. 6. Corporations to do business in this State must have one or more places of business. 7. No corporation shall engage in any business other than that authorized in its charter. 8. In regard to the right of corporations to issue stocks or bonds. 9. The Legislature shall have the 15. Railroads are declared public highways and railroad companies common carriers. 16. Railroads may connect with other roads. 17. Laws shall be passed to correct abuses and prevent extortion in the rates of freight and passenger tariffs. 18. Private property taken for public use shall have just compensation. 19. The term corporation defined. ARTICLE XVIII. 1. If a general banking law shall be enacted, etc. 2. Every banking company shall cease all banking operations within twenty years. 3. The stockholders shall be held individually responsible for the debts of the bank. Section Senate.- Term of office two years. 2. The manner of voting for the same. ARTICLE XXVI. Schedule and Ordinance. 1. In order to avoid inconvenience by a change from a Territorial to State government. 2. All moneys accruing to the Territory shall accrue to the State. 3. All bond obligations and other beundertakings, undertaken fore this Constitution, shall remain valid. 4. All officers holding office under the Territory shall continue. 5. This Constitution shall be submitted to the electors. 6. The temporary seat of government shall be determined on. 7. The election provided for herein shall be under the provisions of the Constitution herewith submitted. 8. The votes to be counted after election and the return to be certified to. 9. Within five days after election the results of the elections shall be canvassed. 10. When two or more counties are connected in one senatorial or representative district, clerks and auditors have certain duties to perform. 11. The Secretary of the Territory shall receive all returns. 12. The apportionment made in this Constitution shall govern the election. 13. When the Legislature elected under the provisions of this Constitution shall assemble. 14. The oath of office to be taken, and the election of two United States Senators shall be made. 15. After their election the Legislature shall adjourn. 16. In regard to what is contained in the Constitution and schedule. Section 17. The ordinances and schedule are held to be valid. 18. That we, the people of South Dakota, do ordain, etc. 19. The tenure of officers elected as provided for in this schedule. 20. When the first general election under the provisions of this Constitution shall be held. Section 21. The form of ballot. 22. The Constitution, after being signed by the convention, etc. 23. The agreement made by the joint commission of the constitutional conventions of North and South Dakota in regard to the Territory, is ratified and confirmed. PREAMBLE. We, the people of South Dakota, grateful to Almighty God for our civil and religious liberties, in order to form a more perfect and independent government, establish justice, insure tranquility, provide for the common defense, promote the general welfare and preserve to ourselves and to our posterity the blessings of liberty, do ordain and establish this Constitution for the State of South Dakota. ARTICLE I. Name and Boundary. Section 1. The name of the State shall be South Dakota. Sec. 2. The boundaries of the State of South Dakota shall be as follows: Beginning at the point of intersection of the western boundary line of the State of Minnesota with the northern boundary line of the State of Iowa, and running thence northerly along the western boundary line of the State of Minnesota to its intersection with the seventh standard parallel; thence west on the line of the seventh standard parallel produced due west to its intersection with the twenty-seventh meridian of longitude west from Washington; thence south on the twenty-seventh meridian of longitude west from Washington to its intersection with the northern boundary line of the State of Nebraska; thence easterly along the northern boundary line of the State of Nebraska to its intersection with the western boundary line of the State of Iowa; thence northerly along the western boundary line of the State of Iowa to its intersection with the northern boundary line of the State of Iowa; thence east along the northern boundary line of the State of Iowa to the place of beginning. ARTICLE II. Division of the Powers of Government: The powers of the government of the State are divided into three distinct departments -- the legislative, executive and judicial; and the powers and duties of each are prescribed by this Constitution. ARTICLE III. Legislative Department. Section 1. The legislative power shall be vested in a Legislature, which shall consist of a Senate and House of Representatives. Sec. 2. The number of members of the House of Representatives shall not be less than seventy-five, nor more than one hundred and thirty-five. The number of members of the Senate shall not be less than twenty-five, nor more than forty-five. The sessions of the Legislature shall be biennial, except as otherwise provided in this Constitution. Sec. 3. No person shall be eligible to the office of Senator who is not a qualified elector in the district from which he may be chosen, and a citizen of the United States, and who shall not have attained the age of twenty-five years, and who shall not have been a resident of the State or Territory for two years next preceding his election. No person shall be eligible to the office of Representative who is not a qualified elector in the district from which he may be chosen, and a citizen of the United States, and who shall not have been a resident of the State or Territory for two years next preceding his election, and who shall not have attained the age of twenty-five years. No judge or clerk of any court, Secretary of State, AttorneyGeneral, State's Attorney, recorder, sheriff or collector of public moneys, member of either house of Congress, or person holding any lucrative office under the United States or this State, or any foreign government, shall be a member of the Legislature: Provided, That appointments in the militia, the offices of notary public and justice of the peace shall not be considered lucrative; nor shall any person holding any office of honor or profit 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, hold any office in either branch of the Legislature or become a member thereof. Sec. 4. No person who has been, or hereafter shall be, convicted of bribery, perjury or other infamous crime, nor any person who has been, or may be collector or holder of public moneys who shall have accounted for and paid over, according to law, all such moneys due from him, shall be eligible to the Legislature or to any office in either branch thereof. Sec. 5. The Legislature shall provide by law for the enumeration of the inhabitants of the State in the year one thousand eight hundred and ninety-five and every ten years thereafter, and at its regular session after each enumeration, and also after each enumeration made by authority of the United States, but at no other time, the Legislature shall apportion the Senators and Representatives according to the number of inhabitants, excluding Indians not taxed and soldiers and officers of the United States army and navy: Provided, That the Legislature may make an apportionment at its first session after the admission of South Dakota as a State. Sec. 6. The terms of the office of the members of the Legislature shall be two years; they shall receive for their services the sum of five dollars for each day's attendance during the session of the Legislature; and five cents for every mile of necessary travel in going to and returning from the place of meeting of the Legislature on the most usual route. Each regular session of the Legislature shall not exceed sixty days, except in cases of impeachment, and members of the Legislature shall receive no other pay or perquisites except per diem and mileage. Sec. 7. The Legislature shall meet at the seat of government on the first Tuesday after the first Monday of January at twelve o'clock M., in the year next ensuing the election of members thereof, and at no other time except as provided by this Constitution. Sec. 8. Members of the Legislature and officers thereof, before they enter upon their official duties, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of South Dakota, and will faithfully dis |