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ner to consult for the common

good. 17. The courts of the State shall be

open and justice shall be administered without sale or

delay. 18. No conviction shall work cor

ruption of blood or forfeiture

of estate. 19. No hereditary honors or privi

leges shall be conferred. 20. Free government and liberty.


Elections and Officers. 1. Those who are entitled to vote. 2. Elections by the people to be by

ballot. 3. When electors are privileged

from arrest. 4. Requirements for State and

county officers. 5. Officers to take oath of affirma

tion. 6. Removal of officers for miscon

duct, etc. 7. When general elections shall be

held. 8. The terms of office, powers, du

ties and compensation of pub

lic offices prescribed by law. 9. Impeachment. 10. Duelling a bar to holding office. 11. Legislature shall prescribe man

ner of conducting elections. 12. No citizen to be denied the

right to vote when his name has not been registered.

Section 3. Senators elected for four years,

Delegates two years. 4. State divided into twelve Sena

torial districts. 5. Enumeration of the same. 6. For the election of Delegates. 7. Apportionment of Delegates

after every census. 8. Until a new apportionment shall

be declared they shall be as

enumerated. 9. The same continued. 10. The arrangement of Senatorial

and Delegate districts. 11. Additional territory may be ad

mitted and become part of the

State. 12. Qualifications to be a Senator

or Delegate. 13. No person holding a lucrative

office under the State, etc., shall be eligible to a seat in

the Legislature. 14. Bribery, perjury, etc., a bar to

a seat in the Legislature. 15. No Senator or Delegate shall be

elected to an office created

during his term of office. 16. Oath of affirmation of members. 17. When members of the Legisla

ture are privileged from ar

rest. 18. Legislature shall assemble bl

ennially. 19. The Governor may convene the

Legislature. 20. The seat of government shall be

at Charleston. 21. May be convened at another

place. 22. Session of the Legislature to be

forty-five days. 23. Neither house shall adjourn for

more than three days. 24. Majority of the members of

each house shall constitute a

quorum. 25. Each house may punish its own

members. 26. The powers of each house. 27. Certain laws to be enacted and



Division of Powers. 1. Legislative, executive and ju

dicial departments shall be separate and distinct.


Legislature. 1. Legislative power vested in Sen

ate and House of Delegates. 3. The Senate shall be composed

of twenty-four, and the House of sixty-five members.

Section 28. Bills may originate in either

house. 29. No bill shall become a law until

read on three different days

in each house, except. 30. No bill shall contain more than

one subject. 81. In regard to amendments of a

bili proposed by one house

and amended by the other. 32. Definition of the words a ma

jority of the members, etc. 33. Pay and mileage of members. 34. Legislature to provide by law

for fuel, stationery, etc. 35. The State shall never be made

defendant in any court of law

or equity. 36. Lotteries prohibited. 37. No law to be passed to extend

the term of an office. 38. No extra compensation allowed

or granted. 39. The Legislature shall not pass

local or special laws in the

following enumerated cases. 40. Judges to have no power to ap

point to office. 41. Each house to keep a journal. 42. Bills making appropriations

shall contain no other pro

vision. 43. The Legislature shall never au

thorize or establish any board or court of registration of

voters. 44. Vote to be viva voce in the

Legislature. 45. Punishment of bribery. 46. Laws may be passed prohibit

ing sale of intoxicating

liquors. 47. No charter of incorporation

shall be granted any church

or religious denomination. 48. Homestead exemption


the value of one thousand dollars, and personal property to the

value of two hundred. 49. The Legislature may pass laws

to protect the property of

married women. 60. Proportional representation in

the Senate.


Executive Department. Section 1. To consist of Governor, Secre

tary of State, State Superintendent of Free Schools, Auditor, Treasurer and Attorney

General. 2. Election of the same.-When to

be held. 3. Speaker of the House of Dele

gates to receive election re

turns. 4. The above-named officers may

not hold any other office dur

ing the term of their service. 5. Chief executive power vested

in the Governor. 6. Governor's message. 7. The Governor may on extraor

dinary occasions convene the

Legislature. 8. Officers who may be nominated

by the Governor. 9. In case of vacancy during the

recess of the Senate.-How

filled. 10. Governor may remove the

same. 11. Governor may remit fines and

penalties. 12. Governor Commander-in-Chief

of the military forces of the

State. 13. Security from State officers. 14. Every bill passed by the Legio

lature shall be presented to

the Governor to be signed. 15. Bills making appropriations of

money to be presented to tho

Governor. 16. Who to act as Governor in case

of his disability. 17. In case of vacancy of State

offices how filled. 18. The Governor may require in

formation in writing from the officers of his department.


Judicial Department. 1. Judicial power of State shall be

vested in a Supreme Court of


be elected for a term of office,

etc. 24. County Court to have custody

of all deeds, etc. 25. In regard to actions, suits, etc.,

not embraced in the next pre

ceding section. 26. Clerk of the County Court.

His term of office, duties and

compensation. 27. Justices of the peace. 28. Their jurisdiction and au

thority. 29. The County Court may be al

tered or modified. 30. The office of commissioner and

justice of the peace not compatible.


County Organizuiion. 1. The voters of each county shall

elect a surveyor of lands. 2. Also a constable, and if the

population exceeds 1,200,

others. 3. The same person shall not be

elected sheriff for two suc

cessive terms. 4. County Court officers shall be

subject to indictment. 5. The Legislature shall provide

for commissioning such of the officers herein mentioned



Appeals and Circuit Courts,

etc. 2. The Supreme Court of Appeals

to consist of four judges.

Their term of office. 3. Shall have original jurisdiction

in certain cases enumerated. 4. In regard to decisions of the

Supreme Court of Appeals. 6. In regard to the affirmation or

reversal of a decision by the

Supreme Court of Appeals.
6. A writ of error, supersedeas or

appeals, shall be allowed only
by the Supreme Court of Ap-

7. In case of vacancy in Supreme

Court of Appeals how filled. 8. The officers of the Supreme

Court of Appeals, how ap

pointed. 9. At least two terms to be held

annually. 10. The State shall be divided into

thirteen sections. 11. A court to be held in every

county at least three times in

each year. 12. The Circuit Court, supervision

and control of the same.
13. Enumeration of the Circuits.
14. They may be rearranger.
16. The Legislature shall provide

by law for holding regular
and Special Terms of the

Circuit Court.
16. All judges shall be commis-

sioned by the Governor. 17. They may be removed. 18. Clerk of the Circuit Court.-His

duties and compensation. 19. Courts of limited jurisdiction, 20. In regard to the property of

soldiers of the late war of

either side.
21. The laws of the State which

are in force and not repug-
nant to this article shall con-

tinue, etc.
22. There shall be in each county

of the State a County Court. 23. Commissioners of the same to

it may deem proper. 6. It shall further provide for the

compensation, duties, etc., of

the same. 7. Conservators of the peace. 8. No new county to be formed

with an area of less than 400
square miles, or a population
of less than 6,000.

Tarition and Fimre's

1. Taxation shall be equal and

uniform. 2. An annual capitation tax of one

dollar. 3. No money to be drawn from the

Treasury but by appropriation.

Section 11. Parallel or competing lines may

not consolidate. 12. The right of eminent domain

not to be abridged.



Section 4. No debt to be contracted by the

State, etc. 5. The power of taxation by the

Legislature. 6. The credit of the State not to

be granted to any of its sub

divisions. 7. County taxes not to exceed for

one year ninety-five cents on

one hundred dollars. 8. The limit of indebtedness in

county, city, etc. 9. Certain corporate bodies may

be authorized to assess and collect taxes.


Corporations. 1. Legislature to provide for the

organization of. 2. What stockholders shall be lia

ble for the indebtedness of

corporations. 3. All existing charters or grants

under which organization shall not have taken place within two years from the time this Constitution takes effect, shall

be invalid. 4. Law to provide for the election

of directors or managers of incorporated companies.-Stockholders shall have the right

to vote in person or by proxy. 5. Street railroads may not be con

structed in any city, town or incorporated village without the consent of the local au

thorities. 6. A general banking law for the

creation and organization of

banks. 7. Every railroad corporation do

ing business in the State shall make a report to the Auditor

of public accounts. 8. The rolling stock and moveable

property of railroads shall be

considered personal property. 9. Railroads are public highways. 10. In regard to the establishment

of stations.

1. The Legislature shall provide

by general law for a system

of free schools. 2. The State Superintendent.-His

duties. 3. The Legislature may provide

for county superintendents and other officers.—Their duties and powers and compen

sation. 4. School fund. 5. Interest of the school fund to

be used for the support of

free schools. 6. The school districts into which

any county is now divided shall continue until changed

by law. 7. In regard to levies for the sup

port of free schools. 8. White and colored persons shall

not be taught in the same

schools. 9. No person connected with the

free school system of the State shall be interested in the sale of books, etc., used

therein. 10. No independent free school dis

trict shall hereafter be cre

ated, except. 11. No appropriations shall hereaf

ter be made to any State Normal school except those al

ready established. 12. The Legislature shall encour

age moral, intellectual, scientific and agricultural improvement.


Land Titles.

1. All private rights in lands in

this State derived from the

6. Every owner of land to have it

entered on the land books of
the county and causing him-
self to be charged with taxes


laws of the State of Virginia

shall remain valid. 2. No entry by warrant on land

in this State shall hereafter

be made. 3. In regard to title of forfeited

lands. 4. Waste and unappropriated land

in this State to be sold to the

highest bidder.
5. The former owner of any such

land may receive the excess
of the sum,

over the taxes,
charged for which the land
was sold.



1. No convention shall be called

having the authority to alter the Constitution of this State,

unless. 2. Any amendment to the Consti

tution may originate at either house.


Relations to the Government of the United States. 1. The State of West Virginia is, and shall remain, one of the United States of America. The Constitution of the United States of America, and the laws and treaties made in pursuance thereof, shall be the supreme law of the land.

2. The government of the United States is a government of enumerated powers, and all powers not delegated to it, nor inhibited to the States, are reserved to the States or to the people thereof. Among the powers so reserved to the States is the exclusive regulation of their own internal government and police; and it is the high and solemn duty of the several departments of government, created by this Constitution, to guard and protect the people of this State from all encroach. ments upon the rights so reserved.

3. The provisions of the Constitution of the United States, and of this State, are operative alike in a period of war as in time of peace, and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism.

4. For the election of representatives to Congress, the State shall be divided into districts, corresponding in number with the representatives to which it may be entitled; which districts shall be formed of contiguous counties, and be compact. Each district shall contain, as nearly as may be, an equal number of population, to be determined according to the rule prescribed in the Constitution of the United States.

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