Page images
PDF
EPUB
[blocks in formation]

ARTICLE I.

Relations to the Government of the United States.

Section

1. The State of West Virginia inseparable from the Union.

2. The State has exclusive right of internal government.

3. The provisions of the Constitution of the United States and this State are operative alike in war as well as peace.

4. The State shall be divided into Congressional districts.

ARTICLE II. The State.

1. Enumeration of counties.

2. Powers of government in the

citizens.

3. Requirements for citizenship. 4. Every citizen entitled to equal representation in the govern

ment.

5. No distinction between resident aliens and citizens.

6. Treason against the State defined.

7. The seal of State.

Section

8. Rich grants and commissions, shall run in the name of the State.

ARTICLE III.

Bill of Rights.

1. All men are by nature equally free and have certain inherent rights.

2. All power vested in the people. 3. The government is instituted for the common benefit of the people.

4. Writ of habeas corpus shall not be ex suspended.-No post

facto law.

5. Excessive bail nor excessive fines nor cruel punishment shall be permitted, nor be put twice in jeopardy of life.

6. Security against unreasonable searches and seizures.

7. Freedom of speech and of the press.

8. In suits for libel the truth may be given in evidence.

9. Private property taken for public use shall have just compensation.

10. No person shall be deprived of life, liberty or property without due process of law. 11. No religious от political test shall be required for voting. 12. No standing armies.-Military subordinate to civil power.Quartering of soldiers houses.

in

13. Right of trial by jury. 14. In criminal trials the accused shall be informed of the character of his accusation.

15. Freedom of religious thought and worship.

16. The people have the right to assemble in a peaceable man

[blocks in formation]
[ocr errors]

ARTICLE IV.

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 affirmation.

6. Removal of officers for misconduct, etc.

7. When general elections shall be held.

8. The terms of office, powers, duties and compensation of public 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.

ARTICLE V.

Division of Powers.

1. Legislative, executive and judicial departments shall be separate and distinct.

ARTICLE VI. Legislature.

1. Legislative power vested in Senate and House of Delegates. 2. The Senate shall be composed of twenty-four, and the House of sixty-five members.

Section

3. Senators elected for four years, Delegates two years.

4. State divided into twelve Senatorial 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 admitted 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. Oath of affirmation of members. When members of the Legislature are privileged from arrest.

16. 17.

[blocks in formation]

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.

31. In regard to amendments of a bill proposed by one house and amended by the other. 32. Definition of the words a majority 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 appoint to office.

41. Each house to keep a journal. 42. Bills making appropriations shall contain no other provision.

43. The Legislature shall never authorize or establish any board or court of registration voters.

of

[blocks in formation]

Section

ARTICLE VII. Executive Department.

1. To consist of Governor, Secretary of State, State Superintendent of Free Schools, Auditor, Treasurer and AttorneyGeneral.

2. Election of the same.-When to be held.

3. Speaker of the House of Delegates to receive election returns.

4. The above-named officers may not hold any other office during the term of their service. 5. Chief executive power vested in the Governor.

6. Governor's message.

7. The Governor may on extraordinary 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 Legislature shall be presented to the Governor to be signed. 15. Bills making appropriations of money to be presented to the 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 information in writing from the officers of his department.

ARTICLE VIII.
Judicial Department.

1. Judicial power of State shall be

vested in a Supreme Court of

Section

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. 5. 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 Appeals.

7. In case of vacancy in Supreme Court of Appeals how filled. 8. The officers of the Supreme Court of Appeals, pointed.

how ap

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 rearranged. 15. The Legislature shall provide by law for holding regular and Special Terms of the Circuit Court.

16. All judges shall be commissioned 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 repugnant to this article shall continue, etc.

22. There shall be in each county of the State a County Court. 23. Commissioners of the same to

[blocks in formation]

ARTICLE IX.

County Organization.

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 successive terms.

4. County Court officers shall be subject to indictment.

5. The Legislature shall provide for commissioning such of the officers herein mentioned as 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.

ARTICLE X.
Taration and Finance.

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.

[blocks in formation]

1. Legislature to provide for the organization of.

2. What stockholders shall be liable 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 authorities.

6. A general banking law for the creation and organization of banks.

7. Every railroad corporation doing 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.

[blocks in formation]

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 support 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 district shall hereafter be created, except.

11. No appropriations shall hereafter be made to any State Normal school except those already established.

12. The Legislature shall

encour

age moral, intellectual, scientific and agricultural improvement.

ARTICLE XIII. Land Titles.

1. All private rights in lands in this State derived from the

« PreviousContinue »