CORNELL UNIVERSITY LIBRARY GIFT OF Mrs. Mack Swearingen CONSTITUTION -OK THE- gtate I of I |S^i§§ i§§ipp i, ADOPTED NOYEMBER 1, 1890,.. .PRINTED KY AUTHORITY JACKSON, MISS. E. L. Martin, Convention \\<\ Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924005756956 THE CONSTITUTION -OF THE- STATE OF MISSISSIPPI, ADOPTED NOVEMBER 1. A. D„ 1890- We, the people of Mississippi, in Convention assembled, ■ grateful to Almighty God, and invoking His blessing on our work, do ordain and establish this Constitution. -A-rtiole 1. DISTRIBUTION OF POWERS. Section 1. The powers of the government of the State of Mississippi shall be divided into three distinct departments, and each of them confided to a separate magistracy, towit : those which are legislative to one; tho?e which are judicial to another; and those which are executive to another. Sec. 2. No person or collection of persons, being one, or belonging to one; of th^se departments, shall exercise any power properly belonging to either of the others. The ac- ceptance of an ofiice in either of said departments shall, of itself, and at once, vacate any and all oflBces held by the person so accepting in either of the other departments. .A.rtiole 2. boundaries of the state. Sec. 3. The limits and boundaries of the State of Missis- sippi are as follows, to-wit: Beginning on the Mississippi river (meaning thereby the center of said river or thread of the stream) where the southern boundary line of the State of Tennessee strikes the same, as run by B. A. Ludlow, D. W. Connelly and W. Petrie, commissioners appointed for that purpose on the part of the State of Mississippi in A. D., 1837, and J. D. Graham and Austin Miller, commission- ers appointed for that purpose on the part of the State of 2 Constitution of the Tennessee ; thence east along the said boundary line of the State of Tennessee to a point on the west bank of the Ten- nessee river, six four-pole chains south of and above the mouth of Yellow Creek ; thence up the said river to the mouth of Bear Creek ; thence by a direct line to what was formerly the northwest corner of the county of Wa.shington, Alabama; thence on a direct line to a point ten miles east of the Pascagoula river on the Gulf of Mexico ; thence west- wardly, including all the islands within six leagues of the shore, to the most eastern junction of Pearl river with Lake Borgne ; thence up said Pearl river to the thirty-first degree of north latitude ; thence west along the said degree of lati- tude to the middle or thread of the stream of the Mississippi river; thence up the. middle of the Mississippi river, or thread of the stream, to the place of beginning, including all islands lying east of the thread of the stream of said river, and also including any lands which were at any time heretofore a part of this State. Sec. 4. The legislature shall have power to consent to the acquisition of additional territory by this State and to make the same a part thereof; and the legislature may settle dis- puted boundaries between this State and its coterminous States whenever such disputes arise. -A.rtiole 3. BILL OF EIGHTS. Sec. 5. All political power is vested in, and derived from, the people ; all government of right originates with the peo- ple, is founded upon their will only, and is instituted solely for the good of the whole. Sec. 6.- The people of this State have the inherent, sole and exclusive right to regulate the internal government and police thereof, and to alter and abolish their constitution and form of government whenever they may deem it neces- sary to their safety and happiness; provided, such change be not repugnant to the constitution of the United States. Sec. 7. The right to withdraw from the Federal Union on account of any real or supposed grievance, shall never be assumed by this State, nor shall any law be passed in dero- gation of the paramount allegiance of the citizens of this State to the government of the United States. Sec. 8. All persons resident in this State, citizens of the United States, are hereby declared citizens of the State of Mississippi. Sec. 9. The military shall be in strict subordination to the civil power. Sec. 10. Treason against the State shall consist only in levying war against the same or in adhering to its enemies, giving them aid and comfort. No person shall be convicted State of Mississippi. 8 of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Sec. 11. The right of the people peaceably to assemble and petition the government on any subject shall never be impaired. Sec. 12. The right of every citizen to keep and bear arms in defense of his home, person or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons. Sec. 13. The freedom of sj)eech and of the press shall be held sacred, and in all prosecutions for libel the truth may be given in evidence, and the jury shall determine the law and the facts under the direction of the court ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted. Sec. 14. No person shall be deprived of life, liberty or property, except by due process of law. Sec. 15. There shall be neither slavery nor involuntary servitude in this State, otherwise than in the punishment of crime, whereof the party shall have been duly convicted. Sec 16. Ex post facto laws, or laws impairing the obliga- tion of contracts, shall not be passed. Sec 17. Private property shall not be taken or damaged for public use except on due compensation being first made to the owner or owners thereof, in a manner to be prescribed by law ; and whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be public shall be a judicial question, and as such determined without regard to legislative asser- tion that the use is public. Sec 18. No religious test as a qualification for oflSce shall be required ; and no preference shall be given by law to any religious sect, or mode of worship ; but the free enjoyment of ttl religious sentiments and the different modes of wor- ship shall be held sacred. The rights hereby secured shall not be construed to justify acts of licentiousness injurious to morals or dangerous to the peace and safety of the State, or • to exclude the Holy Bible from use in any public shool of this State. Sec. 19. Human life shall not be imperiled by the prac- tice of dueling; and any citizen of this State who shall here- after fight a duel, or assist in the same as second, or send,' accept, or knowingly carry a challenge therefor, whether such act be done in the State, or out of it, or who shall go out of the State to fight a duel, or to assist in the same as second, or to send, accept or carry a challenge, shall be dis- qualified from holding any ofiice under this constitution and shall be disfranchised. 4 Constitution of the Sec. 20. No person shall be elected or appointed to office in this State for life or during good behavior, but the term of all offices shall be for some specified period. Sec. 21. The privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invas- ion, the public safety may require it, nor ever without the authority of the legislature. Sec. 22. No person's life or liberty shall be twice placed in jeopardy for the same offense ; but there must be an actual acquittal or conviction on the merits to bar another prose- cution. Sec. 23. The people shall be secure in their persons, houses and possessions, from unreasonable seizure or search; and no warrant shall be issued without probable cause, sup- ported by oath or affirmation, specially designating the place to be searched and the person or thing to be seized. Sec. 24. All courts shall be open ; and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and jus- tice shall be administered without sale,. denial or delay. Sec. 2-5. No person shall be debarred from prosecuting or defending any civil cause, for or against him or herself be- fore any tribunal in this State, by him or herself, or counsel, or both. Sec. 26. In all criminal prosecutions the accusedshall have a right to be heard by himself or counsel, or both, to demand the nature and cause of the accusation, to be confronted by the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and in all prosecutions by indictment or information, a speedy and public trial by an impartial jury of the county where the offense was commit- ted; and he shall not be compelled to give evidence against himself; but in prosecutions for rape, adultery, fornication, sodomy, or the crime against nature, the court may in its direction exclude from the court room all persons except such as are necessary in the conduct of the trial. Sec. 27. No person shall for any indictable offense, be proceeded against criminally by information, except in cases arising in the land or naval forces, or the militia when ia actual service, or by leave of the court for misdemeanor- in office; but the legislature in cases not punishable by death or by imprisonment in the penitentiary, may dis- pense with the inquest of the grand jury, and may author- ize prosecutions before justices of the peace, or such other inferior court or courts as may be established, and the pro- ceedings in such cases shall be regulated by law. Sec. 28. Cruel or unusual punishment shall not be in- flicted, nor excessive fines be imposed. Sec. 29. Excessive bail shall not be required; and all persons, shall, before conviction, be bailable by sufficient State ,of Mississippi. 5 sureties, except for capital offenses when the proof is evident or presumption great. Sec. 30. There shall be no imprisonment for debt. Sec. 31. The right of trial by jury shall remain inviolate. Sec. 32. The enumeration of rights in this Constitution shall not be construed to deny or impair others retained by, and inherent in, the people. A.rtiole 4=. LEGISLATIVE DEPARTMENT. Sec. 33. The legislative power of this State shall be vested in the legislature, which shall consist of a senate and a house of representatives. Sec. 34. The house of representatives shall consist of members chosen every four years by the qualified electors of the several counties and representative districts. Sec. 35. The senate shall consist of members to be chosen every four years by the qualified electors of the several districts. Sec. 36. The legislature shall meet at the seat of govern- ment in regular session, on the first Tuesday after the first Monday in January of the year A. D., 1892, and every four years thereafter; and in special session on the first Tuesday after the first Monday in J anuary of the year A. D., 1894, and fevery four years thereafter, unless sooner convened by the governor. The special sessions shall not continue longer than thirty days unless the governor, deeming the public interest to require it, shall, extend the sitting by proclama- tion in writing to be sent to and entered upon the journals of each house, for a specific number of days, and then it may continue in session to the expiration of that time. At such special sessions the members shall receive not more com- pensation or salary than ten cents mileage, and a per diem of not exceeding five dollars; and none but appropriation and revenue bills shall be considered except such other mat- ters as may be acted upon at an extraordinary session called by the governor. . Sec. 37. Elections for members of the legislature shall be held in the several counties and districts as provided bylaw. Sec 38. Each house shall elect its own officers, and shall judge of the qualifications, return and election of its own members. Sec. 39. The senate shall choose a president pro tempore to act in the absence or disability of its presiding oSicer. ' QUALIFICATIONS AND PEIVILEGES OF LEGISLATORS. Sec. 40. Members of the legislature before entering upon 6 Constitution of thb! tbe discharge of their duties shall take the following oath : " I, , do solemnly swear (or affirm) that I will faith- fully support the constitution of the United States and of the State of Mississippi ; that I am not disqualified from hold- ing office by the constitution of this State ; that I will faith- fully discharge my duties as a legislator; that I will, as soon as practicable hereafter, carefully read (or have read to me) the constitution of this State, and will endeavor to note, and as a legislator, to execute all the requirements thereof imposed on the legislature ; and I will not vote for any measure or person because of a promise of any other member of this legislature to vote for any measure or per- son, or as a means of influencing him or them to do so. So help me God. Sec. 41. No person shall be a member of the house of rep- resentatives wno shall not have attained the age of twenty- one years, and who shall not be a qualified elector of the State, and who shall not have been a resident citizen of the State four years, arid of the county two years, immediately preceding his election. The seat of a member of the house of representatives shall be vacated on his removal from the county or flotorial district from which he was elected. Sec. 42. No person shall be a senator who shall not have attained the age, of twenty-five years, who shall not have been a qualified elector of the State four years, and who shall not be an actual resident of the district or territory he may be chosen to represent, for two years before his election. The seat of a senator shall be vacated upon his removal from the district from which he was elected. .); Seo; 43. No person liable as principal for public moneys unaccounted for shall be eligible to a seat in either house of the legislature, or to any office of profit or trust,' until he ehall have accounted for and paid over all sums for which he may have been liable. Sec. 44. No person shall be eligible to a seat in either house of the legislature, or to any office of profit or trust, who shall have been convicted of bribery, perjury, or other infamous crime ; and any person who shall have been con- victed of giving, or ofiermg, directly, or indirectly, any bribe to procure his election or appointment; and any person who shall give or offer any bribe to procure the election or appointment of any person to office, shall, on conviction thereof, be disqualified from holding any office of profit or trust under the laws of this State. Sec 45. No senator or representative during the term for which he was elected, shall be eligible to any office of profit, which shall have been created, or the emoluments of which have been increased, during the time such senator or repre- sentative was in office, except to such offices as may be filled by an election of the people. State of Mississippi. 7 Sec. 46. The members of the legislature shall severally receive from the State treasury, compensation for their ser- vices, to be prescribed by law, which may be increased or diminished, but no alteration of such compensation of mem- bers shaUtake effect during the session at which it is made. Sec. 47. No member of the legislature shall take any fee or reward, or be counsel in any measure pending before either house of the legislature, under penalty of forfeiting his seat, upon proof thereof to the satisfaction of the house, of which he is- a member. Sec. 48. Senators and representatives shall in all cases, except treason, felony, theft or breach of the peace, be privi- leged from arrest during the session of the legislature, and for fifteen days before the commencement and after the termi- nation of each session. TRIAL OF OFFICERS. Sec. 49. The house of representatives shall have the sol6 power of impeachment ; but two-thirds of all the members present must concur therein. All impeachments shall be tried by the senate, and, when sitting for that purpose, the senators shall be sworn to do justice according to law and the. evidence. Sec. 50. The governor, and all other civil officers of this State, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Sec. 51. Judgment in such cases shall not extend furthet than removal from office, and disqualification to hold any office of honor, trust or profit in this State; but the party convicted shall, nevertheless, be subject to indictment, trial, judgment and punishment according to law. Sec. 62. When the governor shall be tried, the chief jus- tice of the supreme court shall preside ; and when the chief justice is disaoled, disqualified, or refuses to act, the judge of the supreme court, next oldest in commission, shall preside ; and no person shall be convicted without the concurrence of two thirds of all the senators present. Sec. 53. For reasonable cause, which shall not be suffi- cient ground of impeachment, the governor shall, on the joint address of two-thirds of each branch of the legislature, remove from office the judges of the supreme and inferior courts ; but the cause or causes of removal shall be spread on the journal, and the party charged be notified, of the same and have an opportunity to be heard by himself or counsel, or both, before the vote is finally taken and decided. rules OF PROCEDURE. Sec. 54. A majority of each house shall. constitute a quo-* 8 CoNSTITtFTION OF THE rum to do business; but a less number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as each shall provide. Sec. 55. Each house may determine rules of its own pro- ceedings, punish its members for disorderly behavior ; and with the co.ncurrence of two-thirds of thri members present, expel a member; but no member, unless expelled for theft, bribery or corruption, shall be expelled a second time for the same ofiense. Both houses shall from time, to time, pub- lish journals of their proceedings, except such parts as may in their opinion require secrecy; and the yeas and nays, on any question, shall be entered on the journal, at the request of one-tenth of the members present ; and the yeas and nays shall be entered on the journal on the final passage of every bill. Sec. 56. The style of the laws of the State shall be : " Be it enacted by the legislature of the State of Mississippi." Sec. 57. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Sec. 58. The doors of each house, when in session, or in committee of the whole, shall be kept open, except in cases which may require secrecy; and each house may punish by fine and imprisonment, any person not a member, who shall be quilty of disrespect to the house, by any disor- derly or contemptuous behavior in its presence, or who shall in any way disturb its deliberations during the ses- sion ; but such imprisonment shall not extend beyond the final adjournment of that session. Sec. 59. Bills may originate in either house and be amended or rejected in the other ; and every bill shall be read on three different da,ys in each house unless two-thirds of the house where the same is pending shall dispense with the rules ; and every bill shall be read in full immediately before the vote^on its final passage; and every bill having passed both houses, shall be signed by the president of the senate and the speaker of the house of represenatives, in open session ; but before either shall sign any bill, he shall give notice thereof, suspend business in the house over which he presides, have the bill read by its title, and on the de- mand of any member, have it read in full; and all such pro- ceedings shall be entered on the journal. Sec. 6.0. No bill shall be so amended in its passage through either house as to change its original purpose, and no law shall be passed except by bill ; but orders, votes and resolu- tions of both houses, affecting the prerogatives and duties thereof, or relating to adjournment, to amendments to the constitution, to the investigation of public ofiicers, and the like, shall not require the signature of the governor ; and such resolutions, orders and votes, may empower legislative State of Mississippi. 9 committees to administer oaths, to send for persons and papers, and generally make legislative investigations effec- tive. Sec. 61. No law shall be revived or amended by reference to its title only, but the section or sections as amended, or revived, shall be inserted at length. Sec. 62. No amendment to bills by one house shall be con- curred in by the other, except by a vote of a majority there- of, taken by yeas and nays and the names of those voting for and against recorded upon the journals ; and reports of com- mittees of conference shall in like manner be adopted in each house. Sec. 63. No appropriation bill shall be passed by the legislature which does not fix definitely the maximum sum thereby authorized to be drawn from the treasury. Sec. 64. No bill passed after the adoption of this consti- tution to make appropriations of money out of the State treasury, shall continue in force more than six months after the meeting of the legislature at its next regular session ; nor shall such bill be passed except by the votes of a major- ity of all the members elected to each house of the legisla- ture. --^Sec. 65. All votes on the final passage of any measure shall be subject to reconsideration for at least one whole legislative day, and no motion to reconsider such vote shall be disposed of adversely on the day on which the original vote was taken, except on the last day of the session. Sec 66. No law granting a donation, or gratuity, in favor of any person or object shall be enacted, except by the con- currence of two-thirds of each branch of the legislature, nor by any vote for a sectarian purpose or use. Sec 67. No new bills shall be introduced into either house of the legislature during the last three days of the session. Sec 68. Appropriation and revenue bills shall, at regu- lar sessions of the legislature, have precedence in both houses over all other business, and no such bills shall be passed during the last five days of the session. Sec 69. General appropriation bills shall contain only the appropriations to defray the ordinary expenses of the ex- ecutive, legislative and judicial departments of the govern- ment, to pay interest on State bonds, and to support the common schools. All other appropriations shall be made by separate bills, each embracing but one subject. Legislation shall not be engrafted on appropriation bills, but the same may prescribe the conditions on which the money may be drawn, and for what purposes paid. Sec. 70. No revenue bill nor any bill providing for as- sessments of property for taxation, shall become a law, ex- 10 CoNSTITU!riON OF THli; cept by a vote of at least three-fifths of the membervS of each house present, and voting. . Sec. 71. Every bill introduced into the legislature shall have a title, and the title ought to indicate clearly the sub- ject matter, or matters, of the proposed legislation. Each committee to which a bill may be referred, shall express in writing its judgment of the sufficiency of the title of the bill, and this, too, whether the recommendation be that the bill do pass, or do not pass. Sec. 72. Every bill which shall pass both houses shall be presented to. the governor of the State. If he approve, he shall sign it, but if he does not approve, he shall return it, with his objection, to the house in which it originated, which shall enter the objections at large upon its journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which, likewise, it shall be reconsidered, and if approved by two- thirds of that. house, it shall become a law ; but in all such cases, the vote^of both houses shall be determined by yeas and nays, and the names of the persons voting for, and against the bill, shall be entered on the journal.of each house respectively. If any bill shall not be returned by the gov- ernor, within five days, (Sunday excepted), after it has been presented to him, it shall become a law, in like manner as if he had signed it, unless the legislature, by adjournment, pre- vent its return; in which case it shall be a law unless sent back within three days after the beginning of the next ses- sion of the legislature. No bill shall be approved when the legislature is not in session. Sec. 73 The governor may veto parts of any appropria- tion bill, and approve parts of the same, and the portions approved shall be law. Sec. 74. No bill shall become a law until it shall have been referred to a committee of each house and returned there- from with a recommendation in writing. Sec. 75. No law of a general nature, unless therein other- wise provided, shall be enforced until sixty days after its passage. Sec. 76. In all elections by the legislature the members shall vote viva voce, and the votes shall be entered on the journals. Sec. 77. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legisla- ture, and the persons thereupon chosen shall hold their seats for the unexpired term. injunctions. Sec. 78. It shall be the duty of the legislature to regulate State of Mississippi. 11 by law the cases in which deductions shall be made from salaries of public officers, for neglect of ofl&cial duty and the amount of said deduction. Sec. 79. The legislature shall provide by law for the sale of all delinquent tax lands. The courts shall apply the same liberal principles in favor of such titles as in sale by execu- tion. The right of redemption from all sales of real estate, for the non-payment of taxes, or special assessments, of any and every character whatsoever, shall exist, on conditions to be prescribed by law, in favor of owners and persons in- terested in such real estate, for a period of not less than two years. Sec. 80. Provision shall be made by general laws to pre- vent the abuse by cities, towns and other municipal corpora- tions of their powers of assessment, taxation, borrowing money and contracting debts. Sec. 81. The legislature shall never authorize the perma- nent obstruction of any of the navigable waters of this State ; but may provide for the removal of such obstructions as now exist, whenever the public welfare demands ; this section shall not prevent the construction, under proper authority, of draw-bridges for railroads, or other roads, nor the construc- tion of " booms and chutes " for logs in such manner as not to prevent the safe passage of vessels, or logs, under regula- tions to be provided by law. Sec. 82. The legislature shall fix the amount of the pen- alty of all official bonds', and may, as for as practicable, pro- vide that the whole or a part of the security required for the faithful discharge of official duty shall be made by some guarantee company or companies. Sec. 83. The legislature* shall enact laws to secure the safety of persons from fires in hotels, theatres and other public places of resort. Sec. 84. The legislature shall enact laws to limit, restrict or prevent the acquiring and holding of land in this State by no,n-resident aliens, and may limit or restrict the acquir- ing or holding of lands by corporations. Sec. 85. The legislature shall provide by general law for the working of public roads by contract or by county pris- oners, or both. Such law may be put in operation only by a vote of the board of supervisors in those counties where it may be desirable. Sec. 86. It shall be the duty of the legislature to provide by law for the treatment and care of the insane ; and the legislature may" provide for the care of the indigent sick in the hospitals in the State. LOCAL legislation. Sec. 87. No special or local law shall be enacted for the 12 Constitution of the benefit of individuals or corporations, in eases which are, or can be provided for by a general law, or where the relief sought can be given by any court of this State ; nor shall the operation of any general law be suspended by the legislature foi the benefit of any individual or private corporation or association, and in all cases where a general law can be made applicable, and would be advantageous, no special law shall be enacted. Sec. 88. The legislature shall pass general laws, under which local and private interests shall be provided for and protected, and under which cities and towns may be char- tered and their charters amended, and under which corpora- tions may be created, organized, and their acts of incorpora- tion altered ; and all such laws shall be subject to repeal or amendment. Sec. 89. There shall be appointed in each house of the legislature a standing committee on local and private legis- lation ; the house committee to consist of seven representa- tives, and the senate committee, of five senators. No local or private bill shall be passed by either house until it shall have been referred to said committee thereof, and shall have been reported back with a recommendation in writing that it do pass, stating afiirmatively the reasons therefor, and why the end to be accomplished should not be reached by a general law, or by a proceeding in court; or if the recoim- mendation of the committee be ' that the bill do not pass, then it shall not pass the house to which it is so reported un- less it be voted for by a majority of all the members elected thereto. If a bill is passed in conformity to the require- ments hereof, other than such as are prohibited in the next section, the courts shall not, because of its local, special or private nature, refuse to enforce it. Sec. 90. The legislature shall not pass local, private or special laws in any of the following enumerated cases, but such matters shall be provided for only by general laws, viz : (o) Granting divorces. (6) Changing the names of persons, places or corporations; (c) Providing for changes of venue in civil and criminal cases. (d) Regulating the rate of interest on money. (e) Concerning the settlement or administration of any estate, or the sale or mortgage of any propertj^, of any infant, or of a person of unsound mind, or of any deceased person. (/) The removal of the disability of infancy. (g) Granting to any person, corporation or association the right to have any ferry, bridge; road or fish-trap. (h) Exemption of property from taxation, or from leVy or sale. (i) Providing for the adoption or legitimation of children. (J) Changing the law of descent and distribution. State of Mississippi. 13 (k) Exempting any person from jury, road, or other civil duty (and no person shall be exempted therefrom by force of any Igcal or private law.) (0 Laying out, opening, altering and working roads and highways. (m) Vacating any road or highway, town plat, street, alley or public grounds. in) Selecting, drawing, summoning or empaneling grand or petit juries. (o) Creating, increasing, or decreasing the fees, salary or emoluments of any public officer. (p) Providing for the management or support of any pri- vate or common school, incorporating the same or granting such school any privileges. (_q), Relating to stock laws, water courses and fences. (r) Conferring the power to exercise the right of eminent domain, or granting to any person, corporation, or associa- tion the right to lay down railroad tracks, or street car tracks, in any other manner than that prescribed by general law. ' (a) Regulating the practice in courts of justice. (0 Providing for the creation of districts for the election of justices of the peace and constables. (u) Granting any lands under control of the State to any person or corporation. PROHIBITIONS. Sec. 91. The legislature shall not enact any law for one or more counties, not applicable to all the counties in the State, increasing the uniform charge for the registration of deeds, or regulating costs and charges and fees of officers. Sec. 92. The legislature shall not authorize payment to any person of the salary of a deceased officer beyond the date of his death. Sec. 93. The legislature shall not retire any officer on pay, or part pay, or make any grant to such retiring officer. Sec. 94. The legislature shall never create by law any dis- tinction between the rights of men and women to acquire, own, enjoy, and dispose of property of all kind*, or their' power to contract in reference thereto. Married women are hereby fully emancipated from all disability on account of coverture. But this shall not prevent the legislature from regulating contracts between husband and wife; nor shall the legislature be prevented frond regulating the sale of homesteads. Sec. 95. Lands belonging to, or under the control of the State, shall never be donated directly, or indirectly, to pri- vate corporations or individuals, or to railroad companies. 14 Constitution of the Nor shall such land be sold to corporations or associations for a less price than that for which it is subject to sale to in- dividuals. This, however, shall not prevent the legislature from granting a right of way, not exceeding one hundred feet in width, as a mere easement, to railroads across State land, and the legislature shall never dispose of the land cov- ered by said right of way so long as such easement exists. Sec. 96. The legislature shall never grant extra compen- sation, fee or allowance, to any public officer, agent, servant or contractor, after service rendered, or contract made, nor authorize payment, or part payment, of any claim under any contract, not authorized by law; but appropriations may be made for expenditures in repelling invasion, preventing, or suppressing insurrections. Sec. 97. The legislature shall have no power to revive any remedy which may have become barred by lapse of time, or by any statute of limitation of this State. Sec. 98. No lottery shall ever be allowed, or be advertised by newspapers, or otherwise, or its tickets be sold in this State; and the legislature shall provide by law for the en- forcement of this provision ; nor shall any lottery heretofore authorized be permitted to be drawn or its tickets sold. Sec. 99. The legislature shall not elect any other than its own officers, State librarian, and United States senatois; but this section shall not prohibit the legislature from ap- pointing presidential electors. Sec 100. No obligation or liability of any person, associa- tion, or incorporation held or owned by this State, or levee board, or any county, city, or town thereof, shall ever be re- mitted, released or postponed, or in any way diminished by the legislature, nor shall such liability or obligation be ex- tinquished except by payment thereof into the proper treasury; nor shall such liability, or obligation be exchanged or transferred except upon payment of its face value ; but this shall not be construed to prevent the legislature from providing by general law for the compromise of doubtful claims. Sec. 101. The seat of government of the State shall be at the city of Jackson, and shall not be removed or relocated without the assent of a majority of the electors of the State. miscellaneous. Sec. 102. All general elections for State and county offi- cers shall commence and be holden every four years, on the first Tuesday after the "first Monday in November, until altered by law; and the electors, in all cases exceptin cases of treason, felony and breach of the peace, shall be privi- leged from arrest during their attendance at elections and in going to and returning therefrom. State of Mississippi. 15 Sec. 103. In all cases not otherwise provided for in this constitution, the legislature may determine the mode of filling all vacancies, in all offices, and in cases of emergency provisional appointments may be made by the governor, to continue until the vacancy is regularly filled ; and the legis- lature shall provide suitable compensation for all officers, and shall define their respective powers. Sec. 104. Statutes of limitation in civil causes shall not run against the State, or any subdivision, or municipal cor- poration thereof. Sec. 105. The legislature shall provide for the enumera- of the whole number of inhabitants, and the qualified electors of the State, once in every ten years; and the first enumeration shall be made during the two months begin- ning on the first Monday of June, 1895, and the legislature shall provide for the same by law. Sec. 106. There shall be a State librarian, to be chosen by the legislature, on joint vote of the two houses, to serve for fovir years, whose duties and compensation shall be pre- scribed by law. Any woman, a resident of the State four years, and who has attained the age of twenty years, shall be eligible to said office. , Sec. 107. All stationery, printing, paper, and fuel, used by the legislature, and other departments of the government, shall be furnished, and the printing and binding of the laws, journals, department reports, and other printing and binding, and the repairing and furnishing the halls and rooms used for the meeting of the legislature, and its com- mittees, shall be performed under contract, to be given to the lowest responsible bidder, below such maximum and under such regulations as may be prescribed by law. No member of the legislature or ofiicer of any department shall be in any way interested in such contract; and all such con- tracts' shall be subject to the approval of the governor and State treasurer. Sec. 108. Whenever the legislature shall take away the duties pertaining to any ofiice, then the salary of the o3i6er shall cease. Sec. 109. No public officer or member of the legislature shall be interested directly or indirectly in any contract with the State, or any district, county, city or town thereof, authorized by any law passed, or order made by any board of which he may be or may have been a member, during the term for which he shall have been chosen, or within one year after the expiration of such term. Sec. 110. The legislature may provide, by general law, for condemning rights of way for private roads, where neces- sary for ingress and egress by the party applying, on due compensation being first made to the owner of the property ; 16 Constitution of the but such rights of way shall^not be provided for in incorpo- rated cities and towns. Sec. 111. All lands comprising a single tract sold in pur- suance of decree of court, or execution, shall be first offered in subdivisions not exceeding one hundred and sixty acres, or one-quarter section, and then ofifered as ^.n entirety, and the price bid for the latter shall control only when it shall exceed the aggregate of the bids for the same in subdivisions as aforesaid ; but the chancery court, in cases before it, may decree otherwise if deemed advisable to do so. Sec. 112. Taxation shall be uniform and equal through- out the State. Property shall be taxed in proportion to its value. The legislature may, however, impose a tax per capita upon such domestic animals as from their nature and habits are destructive of other property. Property shall be assessed for taxes under general laws, and by uniform rules, accor- ding to its true value. But the legislature may provide for a special mode of valuation and assessment for railroads, and railroad and other corporate property, or for particular species of property belongingto persons, corporations or asso- ciations not situated wholly in one county. But all such property shall be assessed at its true value, and no county shall be denied the right to levy county and special taxes upon such assessment as in other cases of property situated and assessed in the county. Sec 113. The auditor shall, within sixty days after the adjournment of the legislature, prepare and publish a full statement of all money expended at such session, specifying the items and amount of each item, and to whom, and for what paid ; and he shall also publish the amounts of all ap- propriations. Sec. 114. Returns of all elections by the people shall be made to the secretary of state in such manner as shall be provided by law. Sec 115. The fiscal year of the State of Mississippi shall commence on the first day of October, and end on the thirti- eth day of September of each year ; and the auditor of public accounts and the treasurer of the State shall compile, and have published, a full and complete report, showing the transactions of their respective offices on or before the thirty- first day of December of each year for the preceding fiscal year. ' A.rticle 5. executive. Sec 116. The chief executive power of this State shall be vested in a governor, who shall hold his office for four years, and who shall be ineligible as his immediate successor in office. State oy Mississippi. 17 Sec. 117. The governor shall beat least thirty years of age, and shall have been a citizen of the United»States twenty years, and shall have resided in this State five years next preceding the day of his election. Sec. 118. The governor shall receive for his services such compensation as may be fixed by law, which shall neither be increased nor diminished during his term of office. Sec. 119. The governor shall be commander-in-chief of the army and navy of the State, and of the militia, except when they shall be called into the service of the United States. Sec. 120. The governor may require information, in writ- ing, from the officers in the executive departments of the State on any subject relating to the duties of their respective offices. Sec. 121. The governor shall have power to convene the legislature in extraordinary session whenever in his judg- ment the jjublic interest requires it. Should the governor deem it necessary to convene the legislature, he shall- do so by public proclamation, in which he shall state the subjects and matters to be considered by the legislature when so con- vened; and the legislature when so convened, as aforesaid, shall have no power to consider or act upon subjects or mat- ters other than those designated in the proclamation of the governor, by which the session is called, ^xcept impeach- ment?, and examination into the accounts of State officers. The legislature when so convened may also act on and con- sider such other matters as the governor may in writing sub- mit to them while in session. The governor may convene the legislature at the seat of government, or at a difterent place, if that shall become dangerous from an enemy, or from disease ; and in case of a disagreement between the two houses, with respect to time of adjournment, adjourn them to such time as he shall think proper, not beyond the day of the next stated meeting of the legislature. Sec. 122. The governor shall, from time to time, give the legislature informatin of the state of the government, and recommend for consideration such measures as may be deemed necessary and expedient. Sec. 123. The governor shall see that the laws are faith- fully executed. Sec. 124. In all criminal and penal cases, excepting those of treason and impeachment, the governor shall have power to grant reprieves and pardons, to remit fines, and in cases of forfeiture, to stay the collection, until the end of the next session of the legislature, and by and with the consent of the senate to remit forfeitures. In cases of treason, he shall have power to grant reprieves, by and with -the consent of the senate, but may respite the sentence until the end of the next session of the legislature; but no pardon shall be granted 18 Constitution of the before conviction, and in cases of felony after conviction no pardon shall' begranted until the applicant therefor shall have published for thirty days, in some newspaper in the county where the crime was committed, and in case there be no newspaper published in said county, then in an adjoin- ing county, his petition for pardon, setting forth therein the reasons why such pardon should be granted. Sec. 125. The governor shall have the power, and it is hereby made his duty, to suspend alleged defaulting State and county treasurers, and defaulting tax collectors, pending the investigation of their respective accounts, and to make temporary appointments of proper persons to fill the oflBces while such investigations are being made, and the legislature shall provide for the enforcement of this provision by appro- priate legislation. Sec. 126. There shall be a seal of the State kept by the governor, and used by him officially, and be called the great seal of the State of Mississippi. Sec. 127. All commissions shall be in the name and by the authority of the State of Mississippi, be sealed with the great seal of State, and be signed by the governor, and at- tested by the secretary of State. Sec 128. There shall be a lieutenant-governor, who shall be elected at the same time, in the same manner, and for the same term, and who shall possess the same qualifications as required of the governor. Sec' 129. The lieutenant-governor shall, by virtue of his office, be president of the sena,te. In committee of the whole he may debate all questions, and when there is an equal division in the senate, or on a joint vote of both houses, he shall give the casting vote. Sec. 130. The lieutenant-governor shall receive for his services the same compensation as the speaker of the house of representatives. Sec 131. When the office of the governor shall become vacant, by death or otherwise, the lieutenant-governor shall possess the powers and discharge the duties of said office. When the governor shall be absent from the State, or un- able from protracted illness to perform the duties of the office, the lieutenant-governor shall discharge the duties of said of- fice until the governor be able to resume his duties; but, if from disability or otherwise, the lieutenant-governor shall be incapable of performing said duties, or if he be absent from the State, the president of the senate pro tempore shall act in his stead; but if there be no such president, or if he be disqualified by like disability, or be absent from the State, then the speaker of the house of represenatives shall assume the office of governw, and perform said duties; and in case of the inability of the foregoing officers to discharge the duties of governor, the secretary of state shall convene the State of Mississippi. 19 senate, to elect a president pro tempore. The oflBcer dis- charging the duties of governor shall receive the compensa- tion as such". Should a doubt arise as to whether a vacancy has occurred in the office of governor or as to whether any one of the disabilities mentioned in this section exists or shall have ended, then the secretary of state shall submit the question in doubt to the judges of the supreme court, who, or a majority of whom, shall investigate and determine said question ; and shall furnish to said secretary of state an opin- ion in writing determining the questioti submitted to them, which opinion when rendered as aforesaid shall be final and conclusive. Sec. 132. In case the election for lieutenant governor shall be contested, the contest shall be tried and determined in the same manner as a contest for the office of governor. Sec. 133. There shall be a secretary of state, who shall be elected as herein provided. He shall be at least twenty-five years of age, a citizen of the State five years next preceding the day of his election, and he shall continue in office during the term of four years, and shall be keeper of the capitol; he shall keep a correct register of all official acts and proceedings of the governor; and shall, when required, lay the same, and all papers, minutes and vouchers relative thereto, before the legislature, and he shall perform such other duties as may be required of him by law. He shall re- ceive such compensation as shall be prescribed. Sec. 134. A State treasurer and an auditor of public ac- counts shall be elected as herein provided, who shall hold their offices for the term of four years, and shall possess the same qualifications as required for the secretary of state; they shall receive such compensation as may be provided by law. Said treasurer and auditor of public accounts shall be ineligible to immediately succeed themselves or each other in office. Sec. 135. There shall be a sheriff, coroner, treasurer, asses- sor and surveyor for each county, to be selected as elsewhere provided herein, who shall hold their offices for four years. The sheriff and treasurer shall be ineligible to immediately succeed themselves or each other in office. Sec. 136. All officers named in this article shall hold their offices during the term for which they were selected, unless removed, and until their successors shall be duly qualified to enter on the discharge of their respective duties. Sec. 137. It shall be the duty of the state treasurer, within ten days-after the first day of January and July of each year, to publish a statement under oath, in some newspaper pub- lished at the seat of government, showing the condition of the treasury on said days, the balance on hand and in what funds, together with a certificate of the governor that he has verified the count of the funds in the treasury and found the 20 Constitution of the balance, stated by the treasurer, actually, in the vaults of the treasury, or as the truth may be. And it shall be the duty of the governor at such other times as he may deem proper, to go. to the treasury, without giving notice to the treasurer, and verify the cash balance as shown by the books, and to publish the fact that he has done so, and whether the amount, called for by the books be actually in the treasury, and stating whether the treasurer had any notice whatever that the verification would be made. Sec. 138. Thesheriflf, coroner, treasurer, assessor, surveyor, clerks of the courts, and members of the board of supervisors of the several counties, and all other oflBoers exercising local jurisdiction therein, shall be selected in the manner provided by law for each county. , Sec. 139. The legislature may empower the governor to remove and appoint officers, in any county or counties or municipal corporations, under such regulations as may be prescribed by law. Sec. 140. The governor of the State shall be chosen in the following manner: On the first Tuesday after the first Mon- day of November of A. D., 1895, and on the first Tuesday after first Monday of November in every fourth year thereafter, until the day shall be changed by law, an election shall be held in the several counties and districts created for the elec- tion of membersof the house of representatives in this State, for governor, and the person receiving.in any county or such legislative district the highest number of votes cast therein, for said office, shall be holden to have received as many votes as such county or district is entitled to members in the house of representatives, which last named votes are hereby desig- nated " electoral votes." In all cases where a representative is apportioned to two or more counties or districts the elec- toral vote based on such representative shall be equally divided among such counties or districts. The returns of said election shall be certified by the election commissioners, or a majority of them, of the several counties, and transmit- ted, sealed, to the seat of governmeut, directed to the secretary of state, and shall be by him safely kept and delivered to the speaker of the house of representatives at the next ensuing session of the legislature within one day after he shall have been elected. The speaker shall, on the next Tuesday after he shall have received said returns, open and publish them in the presence of the house of representatives, and said house shall ascertain and count the vote "of each county and legislative district and decide any contest that may be made concerning the same, and said decision shall be made by a majoj'ity of the whole number of members of the house of representatives concurring therein, by a viva voce vote, which shall be recorded in its journal ; provided, in case the two highest candidates have an equal number of votes in any State of Mississippi. 21 county or legislative district, the electoral vote of such county or legislative district shall he considered as equally- divided between them. The person found to have received a majority of all the electoral votes, and also a majority of the popular vote, shall be delared elected. Sec. 141. If no person shall receive such majorities, then the house of representatives shall proceed to choose a gov- ernor from the two persons who shall have received the highest number of popular votes; the election shall be by viva voce vote, which shall be recorded in the journal, in such manner as to show for whom each member voted. Sec. 142., In case of an election of governor or any State officer by the house of representatives, no member of that house shall be eligible to receive any appointment from the governor or other State officer so elected, during th^g term for which. he shall be selected. Sec. _ 143. All other State officers shall be elected at the same time, and in the same manner as provided for election of governor. -A.rtiole 6. JUDICIARY. "Sec. 144. The judicial power of the State shall be vested in a supreme court and such other courts as are provided for in this constitution. Sec. 145. The supreme court shall consist of three judges, any two of whom, when convened, shall form a quorum. The legislature shall divide the State into three supreme court districts, and the governor, by and with the advice and consent of the senate, shall appoint one judge for and from each district ; but the removal of a judge to the State capi- tal during his term of office shall not render him ineligible as his own successor for the district from which he has re- moved.; The present incumbents shall be considered as holding their terms of office from the State at large. Sec 146. The supreme court shall have such jurisdiction as properly belongs to a court of appeals. Sec. 147. No judgment or decree in any chancery or cir- cuit court rendered in a civil cause, .shall be reversed or an- nulled on the ground of want of jurisdiction to render said judgment or decree, from any error or mistake as to whether the cause in whigh it was rendered was of equity or common law jurisdiction ; but if the supreme court shall find error in the proceedings other than as to jurisdiction, and it shall be necessary tp remand the case, the supreme court may re- mand it to that court which in its opinion can best deter- mine the controversy. Sec. 148. The supreme court shall be held twice in each 22 Constitution of the year at the seat of government, at such time as the legisla- ture may provide. Sec. 149. The term of office of the judges of the supreme- court shall be nine years. The office of one of said judges shall be vacated in three years, one in six years, and one in nine years, so that at the expiration of every three years one of said judges shall be appointed as aforesaid. Sec. 150. No person shall be eligible to the oflBce of judge of the supreme court who shall not have attained the age of thirty years at the time of his appointment, and who shall not have been a practicing attorney and a citizen of the State for five years immediately preceding such appoint- ment. Sec. 151. All vacancies which may occur in said court from death, resignation, or removal, shall be filled by ap- pointment as aforesaid; but if a vacancy shall occur during the recess of the legislature, the governor shall appoint a successor who shall hold his office until the end of the next session of the senate unless his nomination shall be sooner rejected. Sec 152. The legislature shall divide the State into con- venient circuit and chancery court districts. Sec. 153. The judges of the circuit courts and of the chan- cery courts shall be appointed by the governor, with the ad- vise and consent of the senate, and shall hold their offices for the term of four years. Sec. 154. No person shall be eligible to the office of judge of the circuit court or of the chancery court, who shall not have been a practicing lawyer for five years, and who shall not have attained the age of twenty-six years, and who shall not have'been five years a citizen of this State. Sec. 155. The judges of the several courts of this State shall, before they proceed to execute the duties of their re- spective offices, take the following oath or affirmation, to-wit : "I, , solemly swear (or affirm) that! will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and imparti- ally discharge and perform all the duties incumbent upon me as according to the best of my ability and understanding, agreeably to the constitution of the United States, and the constitution and laws of the State of Missis- sippi; so help me God." Sec. 156. The circuit court shall have original jurisdic- tion in all matters civil and criminal in this State not vested by this constitution in some other court, and such appellate jurisdiction as shall be prescribed by law. Sec 157. All causes that may be brought in- the circuit court whereof the chancery court has exclusive jurisdiction shall be transferred to the chancery court. Sec. 168. A circuit court shall be held in each county at State op Mississippi. 23 least twice in each year, and the judges of said courts may interchange circuits with each other in such manner as may be provided by law. Sec. 159. The chancery court shall have full jurisdiction in the following matters and cases, viz : (a) All matters in equity. (6) Divorce and alimony. - (c) Matters testamentary and of administration. (d) Minor's business. (e) Cases of idiocy, lunacy and persons of unsound mind. (/) All cases of which the said court had jurisdiction under the laws in force when this constitution is put in operation. Sec. 160. And in addition to the jurisdiction heretofore exercised by the chancery court in suits to try title and to cancel deeds and other clouds upon title to real estate, it shall have jurisdiction m such cases to decree possession, and to displace possession,, to decree rents and compensation for improvements and taxes ; and in all cases where said court heretofore exercised jurisdiction, auxiliary to courts of com- mon law, it may exercise such jurisdiction to grant the relief sought although the legal remedy may not have been ex- hausted or the legal title established by a suit at law. Sec. 161. And the chancery court shall have jurisdiction, concurrent with the circuit court, of suits on bonds of fiduci- aries and public officers for failure to account for money or property received or wasted or lost by neglect Or failure to collect, and of suits involving inquiry into mattersof mutual accounts ; but if the plaintiff brings his suit in the circuit court, that court may. On application of the defendant, trans- fer the cause to the chancery court if it appears that the ac- counts to be investigated are mutual and complicated. Sec 162. All causes that may be brought in the chancery court whereof the circuit court has exclusive jurisdiction shall be transferred to the circuit court. Sec. 163. The legislature shall provide by law for the due certification of all causes that maybe transferred to or from any chancery court or circuit court, for such reformation of the pleadings therein as may be necessary, and the adjudi- cation of the costs of such transfer. Sec. 164. A chancery court shall be held in each county at least twice in each year. Sec 166. No judge of any court shall preside on the trial of any cause where the parties or either of them shall be con- nected with him by affinity or consanguinity, or where he may be interested in the same, except by the consent of the judge and of the parties. Whenever any judge of the supreme court or the judge or chancellor of any district, in this State, shall, for any reason, be unable or disqualified to preside at any term of court, or in any case where the attorneys en- 24 Constitution of tSi! gaged therein shall not agree upon a member of the bar to preside in his place, the goveraor may commission another, or others, of law knowledge to- preside at such term or dur- ing such disability or disqualification in the place of the judge or judges so disqualified. Where either party shall desire, the supreme court, for the trial of any cause shall be composed of three judges. No judgment or decree, shall be affirmed by disagreement of twff judges constituting a quo- rum. I Sec. 166. The judges of the supreme court, of the circuit courts and the chancellors shall Teceive for their services a Compensation to be fixed by law, which shall not be increased or diminished during their continuance in office. Sec. 167. All civil officers shall be conservators of the peace, and shall be, by law, vested with ample pdWer as such. Sec. 168. The clerk of the suprecEie court shall be elected as other State officers for the term of four years, and the clerk of the circuit court and the clerk of the chancery court shall be selected in each county in th-e manner provided by law, and shall hold office for the term of four years, and the legislature shall provide by law what duties shall be per- formed during vacation by the clerks of the circuit and chancery courts subject to the approval of the court. Sec. 169. The style of all process shall be " The State of Mississippi," and all prosecutions shall be carried on in the name and by authority of the " State of Mississippi," and all indictments shall conclude "against the peace and dignity of the State." Sec. 170. Each county shall be divided into five districts. A resident freeholder of each district shall be selected, in the manner prescribed by law, and the five so chosen shall con- stitute the board of supervisors of the county, a majority of whom may transact business. The board of supervisors shall have full jurisdiction over roads, ferries and bridges, to be exercised in accordance with such regulations as the legis- lature may prescribe, and perform such other duties as may be required by law. The clerk of the chancery court of each county shall be clerk of the board of supervisors. Sec. 171., A competent number Of justices of the peace and constables shall be chosen in each county in the manner provided by law, for each district, who shall hold their office for the term of four years. No person shall be eligible to the office of justice of the peace who shall not have resided two years in the district next preceding his selection. The ju- risdiction of justices of the peace shall extend to causes in which the principal amount iu controversy shall not exceed the sum of two hundred dollars; and they shall have juris- diction concurrent with the circuit court over all crimes whereof the punishment prescribed does not extend beyond State of Mississippi. 25 a fine arid imprisonment in the county jail ; but the legisla- ture may confer on the juatices of the peace exclusive juris- diction in siich petty misdemeanors as it shall see proper^ In all causes tried by a justice of the peaccj the right of appeal shall be secured under such rules and regulations as shall be prescribed by law, and no justice of the peace shall preside at the trial of any cause where he may be interestedj or the parties or either of them shall be connected with him by afl&nity or consanguinity, except by the consent of the jus- tice of ihe peace and of the parties. Sec. 172. The legislature shall, from time to time, estab- lish such other inferior courts as may be necessary, arid abolish the same whenever deemed expedient. Sec. 173.. There shall be an attorney-general elected at the same time and in the same manner as the governor is elected, whose term of office shall be four years, and whose compen- sation shall be fixed by law. The qualifications for the at- torney-general shall be the same as herein prescribed for judges of the circuit and chancery courts. Sec. 174. A district attorney for each circuit court district shall be selected in the manner provided by law, whose term of office shall be four years, whose duties shall be prescribed by law, and whose compensation shall be a fixed salary. Sec 175. All public officers, for willful neglect of duty, or misdemeanor in office, shall be liable to presentment or indictment by a grand jury, and upon conviction, shall be removed from office, and otherwise punished as may be pre- scribed by law. Sec. 176. No person shall be a member of the board of supervisors who is not a resident freeholder in the district for which he is chosen. The value of real estate necessary to be owned to qualify persons in the several counties to be members of said board shall be fixed by law. Sec. 177. The governor shall have power to fill any va- cancy which may happen during the recess of the senate, in the office of judge or chancellor, by making a temporary ap- pointment of J an incumbent, which shall expire at the end of the next session of the senate, unless a successor shall be sooner appointed, and confirmed by the senate. When a temporary appointment of a judge or chancellor has been made during the recess of the senate, the governor shall have no power to remove the person or appointee, nor power to withhold his name from the senate for their action. j^rtiole 7- COEPOEATIONS. Sec. 178. Corporations shall be formed under general laws only. The legislature shall have power to alter, amend or repeal any charter of incorporation now existing, and revo- 26 ' Constitution of the cable, and any that may hereafter be created, whenever in its opinion it may be for the public interest to do so ; pro- vided, however, that no injustice shall be done to the stock- holders. No charter for any private corporation for pecuni- ary gain shall be granted for a longer period than ninety- nine years. In assessing for taxation the property and fran- chises of corporations, having charters for a longer period than ninety-nine years, the increased value of such property and franchises arising from such longer duration of their charters shall be considered and assessed; but any such cor- poration shall have the right to surrender the excess over ninety-nine years of its charter. Sec. 179. The legislature shall never remit the forfeiture of- the franchise of any corporation now existing, nor alter nor amend the charter thereof, nor pass any general nor special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter and franchises subject to the provisions of this con- stitution; and the reception by any corporation of any pro- vision of any such laws, or the taking of any benefit or ad- vantage from the same, shall be conclusively held an agree- ment by such corporation to hold thereafter its charter and franchises under the provisions hereof Sec. 180. All existing charters or grants of corporate franchise under which organizations have not in good faith taken place at the adoption of this constitution shall be sub- ject to the provisions of this article; and all such charters under which organizations shall not take place in good faith and business be commenced within one year from the adoption of this constitution, shall thereafter have no valid- ity ; and every charter or grant of corporate franchise here- after made shall have no validity, unless an organization shall take place thereunder and business be commenced within two years from the date of such charter or grant. Sec. 181. The property of all private corporations for pecuniary gain shall be taxed in the same way and to the same extent as the property of individuals, l^t the legisla- ture may provide for the taxation of banks and banking capital, by taxing the shares according to the value there- of, (augmented by the accumulation?, surplus and unpaid dividends,) exclusive of real estate, which shall be taxed as other real estate. Exemptions from taxation to which cor- porations are legally entitled at the adoption of this consti- tution, shall remain in full force and effect for the time of &uch exemptions as expressed in their respective charters, or by general laws, unless sooner repealed by the legislature. And domestic insurance companies shall not be required to pay a greater tax in the aggregate than is required to be paid by foreign insurance companies domg business in this State, except to the extent of the excess of their ad valorem tax over State ov Mississippi. 27 the privilege tax imposed upon such foreign companies ; and the legislature may impose privilege taxes on building and loan associations in lieu of all other taxes except on their real estate. Sec. 182. The power to tax corporations and their prop- erty shall never be surrendered or abridged by any contract or grant to which the State or any political subdivision thereof may be a party, except that the legislature may grant 8x- emptions from taxation in the encouragement of manufac- tures and other new enterprises of public utility extending for a period not exceeding five years, the time of such ex- emptions to commence from date of charter, if to a corpora- tion ; and if to an individual enterprise, then from the com- mencement of work; but when the legislature grants such exemptions for a period of five years or less, it shall be done by general laws, which shall distirictly enumerate the classes of manufactures and other new enterprises of public utility entitled to such exemptions, and shall prescribe the mode and manner in which the right to exemptions shall be de- termined. Sec. 183. No county, city, town or other municipal corpor- ation shall hereafter become a subscriber to the capital stock of any railroad or other corporation or association, or make appropriation, or loan its credit in aid of such corporation or association. All authority heretofore conferred for any of the purposes aforesaid by tl^e legislature or by the charter of any corporation, is hereby repealed. Nothing in this sec- tion contained shall affect the right of any such corporation, municipality or county to make such subscription where the same has been authorized under laws existing at the time of the adoption of this constitution, and by a vote of the people thereof, had prior to its adoption, and where the terms of submission and subscription have been or shall be complied with, or to prevent the issue of renewal bonds, or the use of such other means as are or may be prescribed by law for the payment or liquidation of such subscription, or of any exist- ing indebtedness. Sec. 184. All railroads which carry persons or property for hire, shall be public highways, and all railroad com- panies so engaged shall be common carriers. Any company organized for that purpose under the laws of the fetate, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with roads of other States. Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad ; and all railroad companies shall receive and transport each other's passengers, tonnage and cars, loaded or empty, without unnecessary delayer discrim- ination. Sec. 185. The rolling stock, belonging to any railroad 28 Constitution of the company or corporation in this State, shdll be considered personal property and shall be liable to execution and sale as such. Sec. 186. The legislature shall pass laws to prevent abuses, unjust discrimination and extortion in all charges of express, telephone, sleeping car, telegraph and railroad companies, and shall enact laws for the supervision of railroads, express, telephone, telegraph, sleeping car companies and other com- mon carriers in this State, by commission or otherwise, and shall provide adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their franchises. ,Sec. 187. No railroad-hereafter constructed in this State, shall pass within three miles of any county seat without passing through the same, and establishing and maintain- ing a depot therein, unless prevented by natural obstacles; provided, such town or citizens shall grant the right-of- way through its limits, and suflScient ground for ordinary depot purposes. Sec. 188. No railroad or other transportation company shall grant free passes or tickets, or passes or tickets at a dis- count, to members of the legislature, or any State, district, county or municipal officers, except railroad commission- ers. The legislature shall enact suitable laws for the de- tection, prevention and punishment of violations of this provision. Sec. 189. All charters granted to private corporations in this State shall be recorded in the chancery clerk's office of the county in which the principal office or place of business of such company shall be located. Sec. 190. The exercise of the right of eminent domain shall never be abridged, or so construed as to prevent the legislature from taking the property and franchises of incor- porated companies, and subjecting them to public use ; and the exercise of the police powers of the State shall never be abridged, or so construed as to permit corporations to con- duct their business in such manner as to infringe upon the rights of individuals, or the general well being of the State. Sec 191. The legislature shall provide for the protection of the employees of all corporations doing business in this State from interference with their social, civil, or political rights by said corporations, their agents or employees. Sec. i92. Provision shall be, made by general laws where- by cities and towns may be authorized to aid and encourage the establishment of manufactories, gas-works, water-works, and other enterprises of public utility other than railroads, within the limits of said cities or towns, by exempting all property used for such purposes, from municipal taxation for a period not longer than ten years. Sec. 193. Every employee of any railroad • corporation shall have the same right and remedies for any injury suf- State of Mississippi. 29 fered by him from the act or omission of said corporation or its employees, as are allowed bylaw to other persons not em- ployees, where the injury results frpm the negligence of a superior agent or officer, or of a person having the right to control or direct the services of ihe party injured, and also when the injury results from the negligence of a fellow-ser- vant engaged in another department of labor from that of the party injured, or of a fellow servant on another train of cars, or one engaged about a different piece of work. Knowl- edge by any employee injured, of the defective or unsafe character or condition of any machinery, ways or appliances, shall be no defense to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars, or engines voluntarily operated by them. Where death ensues from any injury to employees, the legal or personal representatives of ,the person injured shall have the same right and remedies as are allowed by law to such representatives of other persons. Any contract or agreement, express or implied,-made by any employee to waive the ben- efit of this section shall be null and void ; and this section shall not be construed to deprive any employee of a corpora- tion or his legal or personal representative, of any right or remedy that he now has by the law of the land. The legis- lature may extend the remedies herein provided for to any other class of employees. Sec. 194. The legislature shall provide by law, that in all elections for directors or managers of incorporated com- panies, every stockholder shall have the right to vote in per- son or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected, or to cumulate said shares, so as to give one candidate as many votes as the number of directors multi- plied by the number of his sharess of stock shall equal, or to distribute them on the same principle among as many can- didates as he shall see fit ; and such directors or managers shall not be elected in any other manner ; but no person who is engaged or interested in a competing business, either indi- vidually or as employee, or stockholder, shall serve on any board of directors of any corporation without the consent of a majority in interest of the stockholders thereof Sec. 195. Express, telegraph, telephone and sleeping car companies are declared common carriers in their respective lines of business and subject to liability as such. Sec. 196. No transportation corporation shall issue stocks or bonds except for money, i^bor done, or in good faith agreed to be done, or money or property actually received ; and all fictitious increase of stock or indebtedness shall be void. Sec. 197. The legislature shall not grant to any foreign corporation or association, a license to build, operate or lease 30 Constitution of the any railroad in this State; but in all cases where a railroad is to be built or operated, and the same shall be partly in this State and partly in another State, or in other States, the owners or projectors thereof shall first become incorpora- ted under the laws of this State ; nor shall rfny foreign cor- poration or association lease or operate any railroad in this State or purchase the same, or any interest therein ;_ consol- idation of any railroad lines and corporations in this State with others shall be allowed only where the consolidated company shall become a domestic corporation of this State. No general or special law shall ever be passed for the benefit of any foreign corporation operating a railroad under an ex- isting license from this State, or under an existing lease ; and no grant of any right or privilege, and no exemption from any burden, shall be made to any such foreign corpora- tion except upon the condition that the owners or stock- holders thereof shall first organize a corporation in this State under the laws thereof, and shall thereafter operate and manage the same, and the business thereof under said domes- tic charter. Sec. 198. The legislature shall enact laws to prevent all trusts, combinations, contracts and agreements inimical to the public welfare. Sec. 199. The term corporation used in this article shall include all associations and all joint stock companies for pecuniary gain, having privileges not possessed by individ- uals or partnerships. Sec. 200. The legislature shall enforce the provisions of this article by appropriate legislation. Article 8. education. Sec. 201. It shall be the duty of the legislature to encour- age by all suitable means, the promotion of intellectual, sci- entific, moral and agricultural improvement, by establish- ing a uniform system of free public schools, by taxation, or otherwise, for all children between the ages of five and twen- ty-one years, and, as soon as practicable, to establish schools of higher grade. Sec. 202. There shall be a superintendent of public edu- cation elected at the same time and in the same manner as the governor, who shall have the qualifications required of the secretary of state, and hold his office for four years and uotil his successor shall be elected and qualified, who shall have the general supervision of the common schools, and of the educational interests of the State, and who shall per- form such other duties and receive such compensation as shall be prescribed by law. Sec. 203. There shall be a board of education, consisting State of Mississippi. 31 of the secretary of state, the attorney-general, and the su- perintendent of public education, for the management and investment of the school funds, according to law, and for the performance of such other duties as may be prescribed. The superintendent and'one other of said board shall consti- tute a quorum. Sec. 204. There shall be a superintendent of public edu- cation in each county, who shall be appointed by the board of education by and with the advice and consent of the senate, whose term of office shall be four years, and whose qualifications, compensation and duties, shall be prescribed by law; provided, that the legislature shall have power to make the office of county school superintendent of the sev- eral counties elective, or may otherwise provide for the dis- charge of the duties of county superintendent, or abolish said office. Sec. 205. A public school shall be maintained in each school district in the county at least four months during each scholastic year. A school district neglecting to main- tain its school four months, shall be entitled to only such part of the free school fund as may be required to pay the teacher for the time actually taught. Sec. 206. There shair be a common school fund which shall consist of the poll tax (to be retained in the counties where the same is collected) and an additional sum from the general fund in the State treasury which together shall be sufficient to maintain the common schools for the term of four months in each scholastic year. But any county or separate school district may levy an additional tax to main- tain its schools for a longer time than the term of four months. The common school fund shall be distributed among the several counties and separate school districts, in proportion to the number of educable children in each, to be determined from data collected through the office of the state superintendent of education, in the manner to be pre- scribed by law. Sec. 207. Separate schools shall be maintained for chil-. dren of the white and colored races. ^ Sec. 208. No religious or other sect, or sects, shall ever control any part of the school or other educational funds of this State; nor shall any funds be appropriated towards the support of any sectarian school; or to any school that at the time of receiving such appropriation is not conducted as a free school. Sec. 209. It shall be the duty of the legislature to provide by law for the support of institutions for .the education of the deaf, dumb, and blind Sec. 210. No public officer of this State, or any district, county, city or town thereof, nor any teacher or trustee of any public school, shall be interested in the sale, proceeds 32 Constitution of the or profits of any books, apparatus or furniture to be ysed in any public scbool in this State. Penalties shall be provi- ded by law for the violation of this section. Sec. 211. The Legislature shall enact such laws as may be necessary to ascertain the true condition of the title to the 16th sections of land in this State, or land granted in lieu thereof, in the Choctaw purchase, and shall provide that the sixteenth section lands reserved for the support of township schools shall not be sold, nor shall they be leased for a longer term than ten years for a gross sum ; but the leg- islature may provide for the lease of any of said lands for a term not exceeding twenty-five years for a ground rental payable annually, and, in case of uncleared lands, may lease them for such short term as may be deemed proper in con- sideration of the improvement thereof, with right thereaf- ter to lease for a term, or to hold on payment of ground rent. Sec. 21'2. The rate of interest on the fund known as the Chickasaw School fund, and other trust funds for education- al purposes, for which the State is reponsible, shall be fixed and remain as. long as said funds are held by the State, at six per centum per annum, from and after the close of the fiscal year, A. D., 1891, and the distribution of said interest shall be made semi-annually on the first of May and Novem- ber of each year. Sec. 213. The State having received and appropriated the land donated to it for the support of Agricultural and Mechanical Colleges, by the United States, andhaving, in fur- therance of the beneficent design of Congress in granting said land, established the Agricultural and Mechanical Col- lege of Mississippi, and the Alcorn Agricultural and Me- chanical College, it. is the duty of the State to sacredly carry out the conditions of the act of Congress upon the sub- ject, approved July 2d, A. D., 1862, and the legislature shall preserve intact the endowments to, and support, said colleges. -A-rtiole 9. MILITIA. Sec. 214. All able-bodied male citizens of the State be- tween the ages of eighteen and forty-five years shall be liable to military duty in the militia of this State, in such man- ner as the legislature may provide. Sec. 216. The legislature shall provide for the organizing, arming, equipping and discipline of the militia, and for paying the same when called into active service. . Sec. 216. All officers of militia, except non-commissioned oflScers, shall be appointed by the governor, by and wijth the consent- of the senate, or elected, as the legislature may State of Mississippi. 33 determine; and no commissioned officer shall be removed from office except by the senate on suggestion of the governor, stating the ground on which such removal is repommended, or by the decision of a court-martial, pursuant to law, or at his own request. Sec. 217. The governor shall be commander-in-chief of the militia, except when it is called into the service of the United States, and shall have power to call forth the militia to execute the laws, repel invasion, and to suppress riots and insurrections. Sec. 218. The governor shall nominate, and, by and with t})e consent of the senate, commission one major-general for the State, who shall be a citizen thereof, and also one briga- dier-general for each congressional district, who shall be a resident of the district for which he shall be appointed, and each district shall constitute a militia division. Sec. 219. The adjutant-general, and other staff officers to the commander-in-chief, shall be appointed by the governor, and their appointment shall expire with the governor's term of office, and the legislature shall provide by law a sal- ary for the adjutant-general commensurate with the duties of said office. Sec. 220. The militia shall be exempt from arrest during their attendance on musters, and in going to and returning from the same, except in case of treason, felony or breach of the peace. Sec. 221. The legislature is hereby required to make an annual appropriation for the efficient support and mainten- ance of the Mississippi National Guard, which shall consist of not less than one hundred men for each senator and represen- tative to which this State may be entitled in the Congress of the United States; but no part of such funds shall be used in the payment of said guard except when in actual service. Sec 222. The legislature shall empower the board of supervisorsof each county in the State to aid in supporting a military company or companies, of the Mississippi National Guard, within its borders, under such regulations, limitations and restrictions as may be prescribed by law. Article lO. THE PENITENTIARY AND PRISONS. Sec. 223. No penitentiary convict shall ever be leased or hired to any person or persons, or corporation, private or public or quasi public, or board, after December the 31st, A. D. 1894, save as authorized in the next section, nor shall any previous lease or hiring of convicts extend beyond that date; and the legislature shall abandon the system of such leasing or hiring as much sooner than the date mentioned as may be consistent with the economic safety of the State. 3 34 Constitution of the Sec. 224. The legislature may authorize the employment under State supervision, and the proper oflBcers and em- ployees of the State, of convicts on public roads or other public works, or by any levee board 6u any public levees, under such provisions and restrictions as it may from time to time see proper to impose ; but said convicts shall not be let or hired to any contractor under said board, nor shall the working of convicts on public roads, or public works, or by any levee board ever interfere with the preparation for or the cultivation of any crop which it may be intended shall be cultivated by the said convicts, nor interfere with the good management of the State farm, nor put the State to any expense. Sec. 225. The legislature may place the convicts on a State farm or farms and have them worked thereon under State supervision exclusively, in tilling the soil or manu- facturing, or both, and may buy farms for that purpose. It may establish a reformatory school or schools, and provide for keeping of juvenile offenders from association with hard- ened criminals. It may provide for the commutation of the sentence of convicts for good behavior, and for the constant separation of the sexes, and for the separation of the white and black convicts as far as practicable, and for religious worship for the convicts. Sec. 226. Convicts sentenced to the county jail shall not be hired or leased to any person or corporation outside the county of their conviction, after the first day of January, A. D., 1893, nor for a term which shall extend beyond that date. A.rtiole 11- LEVEES. Sec. 227. A levee system shall be maintained in the State as provided in this article. Sec. 228. The division heretofore made by the legislature of the alluvial land of the State into two levee districts, viz : The Yazoo-Mississippi Delta Levee District, and the Missis- sippi Levee District, as shown by the laws creating the same, and the amendments thereto, is hereby recognized, and said districts shall so remain until changed by law ; but the legislature may hereafter add to either of said districts any other alluvial land in the State. Sec. 229. There shall be a board of levee commissioners for the Yazoo-Mississippi Delta Levee District, which shall consist of two members from each of the counties of Coaho- ma and Tunica, and one member from each of the remain- ing counties or parts of counties, now or hereafter embraced within the limits of said district, and the governor may ap- point a stockholder in tlje Louisville, New Orleans & Texas State of Mississippi. 36 Railway Company as an additional commissioner; and there shall also be a board of levee commissioners for the Mississippi Levee District, which shall consist of two mem- bers from each of the counties of Boli.var and Washington, and oil e from each of the counties of Issaquena and Shar- key. In the event of the formation of a new county or coun- ties out of the territory embraced in either or both of said levee districts such new counties shall each be entitled to representation and memhership in the proper board or boards. Sec. 230. All of said commissioners shall be qualified elec- tors of the respective counties or parts of counties from which they may be chosen, except the one selected for the Louisville, New Orleans & Texas Railway Company; and the legislature shall provide that they shall each give bond for the faithful performance of his duties, and shall fix the pen- alty thereof; but the penalty of such bond in no instance shall be fixed at less than $10,000, and the sureties thereon shall be freeholders of the district. Sec. 231. When the terms of the present levee commis- sioners shall expire, or whenever a vacancy shall occur or be about to occur, in either of said boards, the governor shall make appointments to fill vacancies, subject to the confir- mation of the senate. The terms of ofiice of said commis- sioners shall remain as provided by law at the adoption of this constitution, but this provision shall not require the appointment of a commissioner for the Louisville, New Or- leans & Texas Railway Company, except in the discretion of the governor as provided. Sec. 232. The commissioners of said levee districts shall have supervision of the erection, repair and maintenance of the levees in their respective districts. Sec. 233. The levee boards shall have and are hereby grant- ed authority and full power to appropriate private property in their respective districts for the purpose of constructing, maintaining and repairing levees therein; and when any owner of land, or any other person interested therein, shall object to the location or building of the levee thereon, or shall claim compensation for any land that may be taken, or for any damages he may sustain in consequence thereof, the president or other proper officer or agent of such levee board, or owner of such land, or other person interested therein, may forthwith apply for an assessment of the dam- ages to which said person claiming the same may be entitled whereupon the proceedings as now provided by law shall be taken, viz: in the Mississippi fievee District, in accordance with the terms and provisions of section 3 of an act entitled ''an act to amend an act to incorporate the Board of Levee Commissioners for Bolivar, Washington and Issaquena counties, and for other purposes," approved, November, 27, A. D., 1865, and to revise acts amendatory thereof, approved 36 Constitution op the March 13, A. D., 1884; and in the Yazoo-Mississippi Delta Levee District, in accordance with the terms and provisions of section three of an act entitled " an act to incorporate the board of levee commissioners for the Yazoo-Mississippi Delta and for other purposes," approved February 28, A. D., 1884," and the amendments thereto ; but the legislature shall have full power to alter and amend said several acts, and to pro- vide different manners of procedure. Sec. 234. No bill changing the boundaries of the district or affecting the taxation or revenue of the Yazoo-Missis- sippi Delta Levee District, or the Mississippi Levee District, shall be considered by the legislature unless said bill shall have been published in some newspaper in the county in which is situated the domicile of the board of levee com- missioners of the levee district to be affected thereby, for four weeks prior to the introduction thereof into the legisla- ture ; and no such bill shall be considered for final passage by either the senate or house of representatives, unless the same shall have been referred to, and reported on, by an ap- propriate committee of each house in which the same may be pending ; and no such committee shall consider or report on any such bill unless publication thereof shall have been made as aforesaid. Sec. 235. Bach levee board shall make at the end of each fiscal -irpgr^ tn t.hp. amrprnnr of this State, & TCpOrt showitlg the condition or the lerwes, andj^commending such addi^ tional legislation on the subject of iUe system as shall be thought necessary, and showing the receipts and expendi- tures of the board, so that each item, the amount and con- sideration therefor, shall distinctly appear, together with such other matters as it shall be thought proper to call to the attention of the legislature. Sec. 236. The legislature shall impose for levee purposes, in addition to the levee taxes heretofore levied or author- ized by law, a uniform tax of not less than two nor more than five cents an acre, per annum, upon every acre of land- now, or hereafter, embraced within the limits of either, or both, of said levee districts. The taxes so derived shall be paid into the treasury of the levee board of the district in which the land charged with the same is situated; and the legislature, by the act imposing said tax, shall authorize said levee boards to fix the annual rate of taxation per acre within the limits aforesaid, and thereby require sa'd levee boards, whenever a reduction is made by them in their other taxes, to make a proportionate reduction in the acre- age tax herein before mentioned ; but said acreage tax shall not be reduced below two cents an acre per annum ; and all reductions in such taxations shall be uniform in each of said districts; but the rate of taxation need not be the same in both of them; and such specific taxes shall be assessed State op Mississippi. 37 on the same assessment roll, and collected under the same penalties as the ad valorem taxes for levee purposes, and shall be paid at the same time with the latter. And no levee board shall ever be permitted to buy lands when sold for taxes ,• but the senate shall have a prior lien for the taxes due thereto. The legislature may provide for the discon- tinuance of the tax on cotton, but not in such manner as to affect outstanding bonds based on it, and on the discontinu- ance of the tax on cotton, shall impose another tax in lieu thereof, but the legislature may repeal 'the acreage tax re- quired to be levied hereby, after the first day of January, A. D., 1895. Sec. 237. The legislature shall have full power to provide such system of taxation for said levee districts as it shall from time to time deem wise and proper. ' Sec. 238. No property situated between the levee and the Mississippi river shall be taxed for levee purposes, nor shall damage be paid to any owner of laud so situated because of it bein^ieft outside a levee. S^T 239. The legislature shall require the levee boards to^ublish at each of their sessions, an itemized account em- bracing their respective receipts since the prior session, and such appropriations as have been made or ordered by them respectively, in some newspaper or newspapers of the dis- trict. .^ Article 12. 38 Constitution of the istration of all persons entitled to vote at any election, and all. persons ofiering to register shall take the following oath or affirmation : "I • — , do solemnly swear (or affirm) that! am twenty-one years old, (or I will be before the next electi«m in this county) and that I will have resided in this State tr^K) years, and election district of county one year nf^t preceding the ensuing election [or if it be _ stated in thesmth that the person proposing to register is a minister of thesgospel in charge of an organized church, then it v/ill be sufficieht to aver therein, two years residence in the State and six raimths in said election district], and am now in good faith a resident of the same, and that I am not disqualified from votingv^y reason of having been convicted of any crime named' in tft^ constitution of this State as a disqualification to be an\elector; that I will truly an- swer all questions propounded to me concerning my ante- cedents so far as they relate to imy right to vote, and also as to my residence before my citizenship in this district ; that I will faithfully support the cor^titution of the United States and of the State of Mississ^i, and will bear true faith and allegiance to the same. Sby^help me God." In registering voters in cities and towns, n^t wholly in one elec- tion district, the name of such city or town may be substi- , tuted in the oath for the election district. ^Any wilful an Sec. 279. All writs, actions, causes of actibn, proceedings, prosecutions fl.nd rights of individuals and bodies corporate and of the State, and charters of incorporation, shall con- tinue; and all indictments which shall have been found or which shall hereafter be found, and all prosecutions begun, or that may be begun, for any crime or offense committed before the adoption of this constitution may be proceeded with and upon as if no change had taken place. Sec. 280. For the trial and determination of all suits civil and criminal, begun before the adoption of this consti- tution, the several courts of this State shall continue to ex- ercise in said suits the powers and jurisdictions heretofore exercised by them ; for all other matters said courts are con- tinued as organized courts under this constitution, with sxich powers and jurisdiction as is herein conferred on them respectively. Sec. 281. All fines, penalties, forfeitures and escheats ac- cruing to the State of Mississippi under the constitution and laws heretofore in force shall accrue to the use of the , State of Mississippi under this constitution, except as herein otherwise provided. Sec. 282. All recognizances, bonds, obligations, and all other instruments entered into, or executed, before the adop- tion of this constitution to the State of Mississippi, or to any State, county, public or municipal officer or body, shall remain binding and valid, and the rights and liabilities upon the same shall be continued and may be prosecuted as provided by law. Sec. 283. All crimes and misdemeanors, and penal ac- tions shall be tried, prosecuted and punished as though no change had taken place, until otherwise provided by law. Sec. 284. All officers. State, district, county and munici- pal, now in office in this State, shall be entitled to hold the respective offices now held by them, except as otherwise herein provided, and until the expiration of the time for 48 Constitution of the which they were respectively elected or appointed ; and shall receive the compensation and fees now fixed by the statute laws in force when this constitution is adopted. Sec. 285. The adoption of this constitution shall not have the effect, nor shall it be construed, to revive or put in force any law heretofore abrogated or repealed. This Constitution^ adopted- by the people of Mississippi in con- vention assembled, shall be in force and effect from and after this, the first day of November, A. D., 1890. S. S. CALHOON, President and Delegate from Hinds county. J. L. ALCORN, Delegate fsom Coahoma county. R. H. ALLEN, Delegate from Tishomingo county. ARTHUR ARRINGTON, Delegate from Jones county. JNO. A. BAILEY, Delegate from Lauderdale county. JNO. R. BAIRD, Delegate from Sunflower county. W. L. BASSETT, Delegate from Neshoba county. D. R. BARNETT, Delegate from Yazoo county. T. P. BELL, Delegate from Kemper county. J. R. BINFORD, Delegate from Montgomery county. H. I. BIRD, Delegate from Lawrence county. JOHN A. BLAIR, Delegate from State at Large. B. B. BOONE, Delegate from Prentiss county. W. A. BOYD, Delegate from Tippah courity. D. BUNCH, Delegate from Yazoo county. R. B. CAMPBELL, Delegate from Washington county. J. P. CARTER, Delegate from Perry county. J. B. CHRISMAN, Delegate from Lincoln county. C. S. COFFEY, Delegate from Jefferson county. R. A. DEAN, Delegate from Lafayette county. WALTER M. DENNY, Delegate from Jackson county. GEO. G. DILLARD, Delegate from Noxubee county. GEO. L. DONALD, Delegate from Clarke county. G. W. DYER, Delegate from Panola county. J. W. EDWARDS, Delegate from Oktibbeha county. A. J. ERVIN, Delegate from Lowndes county. W. S. FARISH, Delegate from Issaquena county. D. S. FEARING Delegate from Hinds county. JNO. W. FEWELL, Delegate from State at Large. """ J. FINLEY, Delegate from Marshall county. FONTAINE, Delegate from Pontotoc county. FORD, Delegate from State at Large. GEORGE, Delegate from State at Large. , GLASS, Delegate from Attala county. GUYNES, Delegate from Copiah county. GUYTON, Delegate from Attala county. HAMBLETT, Delegate from Quitman county. HAMILTON, Delegate from Yazoo and Holmes coun- ties. GEO. J. D. T. S. J. z. P. M. A. B. D. T. F. M. J. G. State of Mississippi. 49 T. L. HANNAH. Delegate from Choctaw county. W. P. HARRIS, Delegate from Hinds county. T. T. HART, Delegate from Hinds county. N. C. HATHORN, Delegate from Covington county. JOHN HENDERSON, Delegate from' Clay county. ELLIOTT HENDERSON, Delegate from Harrison county. PATRICK HENRY, Delegate from State at Large. C. K HOLLAND, Delegate from Calhout county, H. S. HOOKER, Delegate from Holmes county. R. G. HUDSON, Delegate from Stateat Large. THOS. D. ISOM, Delegate from Lafayette county. J. H." JAMISON, Delegate from Noxubee county. • D. S. JOHNSON, Delegate from Chickasaw county. JAMES HENRY JONES, Delegate from State at Large. WALTER L. KEIRN, Delegate from Holmes county. JAMES KENNEDY, Delegate from Clay county. J. KITTRELL, Delegate from Green county. W. J. LACEY, Delegate from Chickasaw county. ROBERT CHARLES LEE, Delegate from Madison county, S. D. LEE, Delegate from Oktibbeha county. T. P. LEE, Delegate from Yazoo county. GEO. H. LESTER, Delegate from Yalobusha county. W. P. LOVE, Delegate from Amite county. E. J. MARETT, Delegate from Marshall county. C. B. MARTIN, Delegate from Alcorn and Prentiss counties. EDWARD MAYES, Delegate from State at Large. MONROE McCLURG. Delegate from Carroll county. WILL T. McDonald, Delegate from Benton county. T. J. McDonnell, Delegate from Monroe county. J. H. McGEHEE, Delegate from Franklin county. G. T. McGEHEE, Delegate from Wilkinson county. F. A. McLAIN, Delegate from Amite and Pike counties. Wm. C. McLean, Delegate from Grenada county. A. J. McLAURIN, Delegate from Rankin county. H. J. McLAURIN, Delegate from Sharkey county. J. S. MoNEILY, Delegate fro-m State at Large. ISAIAH T. MONTGOMERY, Delegate from Bolivar county. J. L. MORRIS, Delegate from Wayne county. H. L. MULDROW, Delegate from State at large. J. R. MURPP, Delegate from Monroe county. T. V. NOL AND, Delegate from Wilkinson county. J. W. ODOM, Delegate from DeSoto county. S. E. PACK WOOD, Delegate from Pike county. J. K. P. PALMER, Delegate from Scott county. A- J. PAXTON, Delegate from Washington county. C. 0. POTT-ER, Delegate from Union county. SAM POWEL, Delegate from DeSoto county. J. R. PURYEAR, Delegate from Tate county. CHARLES K. REGAN, Delegate from Claiborne county. L. P. REYNOLDS, Delegate from Alcorn county. 4 50 ..„#v^^,^i*"*"TJONSTITUTION OF THE lODES, Delegate from Lee coun-ty. RICHARDS, Delegate from Lowndes county^ ROBINSON, Delegate from Rankin county. 'P. ROBINSON, Delegate from Union county. J. ROTENBERRY, Delegate from Yalobusha couaij|^^ S. SEXTON, Delegate from State at Large. ^^^ JNO. M. SIMONTON, Delegate from Lee county. H. F. SIMRALL,* Delegate from Warren county. MURRAY F. SMITH, Delegate from Warren county. W. F. SPENCE, Delegate from Hancock county. H. M. STREET, Delegate from Lauderdale county. T. W.- SULLIVAN, Delegate from Carroll county. E. O. SYKES, Delegate from Monroe county. ALLEN TALBOT, Delegate from Benton and Tippah counties. R. H. TAYLOR, Delegate from Panola county. • R. H. THOMPSON, Delegate from Lincoln and Jefferson counties. STEVE H. TURNER, Delegate from Itawamba county. T. S. WARD, Delegate from Madison county. O. C. WATSON, Delegate from Winston county. W. C. WILKINSON, Delegate from Copiah county. FRANK K. WINCHESTER, Delegate from Adams county. Wm. D. WITHERSPOON, Delegate from Lauderdale, Kem- per and Clarke counties. W. P. WYATT, Delegate from Tate county. L. W. MAGRUDER, Delegate from State at Large. T. L. MENDENHALL, Delegate from Simpson county. R. F. ABB AY, Delegate, from Tunica county. W. S. FEATHERSTON, Delegate from Marshall county. ROBERT C. PATTY, Delegate from Noxubee county. MAYRE DABNEY, Delegate from Warren county. J. B. BOOTHE, Delegate from the State at large. D. B. ARNOLD, Delegate from Panola county. W. H. MORGAN, Delegate from Leflore county. W. S. ESKRIDGE, Delegate from Tallahatchie county. IRVIN MILLER, Delegate from Leake county. JOHN F. SMITH, Delegate from Jasper county. GEO. P. MELCHIOR, Delegate from Bolivar county. J. E. FERGUSON, Delegate from Newton county. Wm. G. YERGER, Delegate from Washington county. J. W. CUTRER, Delegate from Coakoma county. JOHN H. REAGAN, Delegate from Leake and Newton counties. Attest: R. E. Wilson, ' Secretary. E. L. Martin, Ass't Sec'y and Recording Clerk. H. Denio, Ass't Sec'y and Journal Clerk. W. H. Madden, Ass't Sec'y, and Engrossing and En- rolling Clerk. ORDINANCES Election Ordinances Be it ordained ty the jJeople of Missisaip-pi in- Convention assem- hled — Sectiox 1. All ballots in all elections held in this State shall be printed and distributed at public expense, as hereinafter provided, and shall be kno>vn as " official ballots."' The expense of printing all such ballots shall be paid out of the respective county treasuries, except that in municipal elections such expenses shall be paid by the respective cities or towns. Sec. 2. The ballots printed for use imder this ordinance shall con- tain the, names of all the candidates who have been put in nomination not less than fifteen days previous to the day of election, by any con- vention, or other nominating body, or at a primary election of any political party in this State. It shall be the duty of one of the com- missioners of election, designated for that purpose in his commission by the anthoritj' appointing said commissioner, to have printed all necessary ballots for use in said elections, except ballots in municipal elections, which shall be printed as herein provided by the authorities of the respective municipalities; and said officer shall cause to be printed by a printer, sM'orn to keep secret said ballots under penalties to be prescribed by law, the names of all candidates so nominated, upon the written request of any one or more of the candidates so nominated, or of any qualified elector who will affirm that he was a member of such convention or other nominating body, or participant in such primary' election, and that the name presented by him was the nominee of said contention or nominating body, or primary election. Said commissioner shall also cause to be printed on said ballots the jiame of any qualified elector who has been requested to be a candi- date for any office by a written petition signed by at least fifteen qualified electors, for any beat office or municipal office in any town of less than two hundred inhabitants, or fifty qualified electors for any other office, and when said petition or request has been presented to said commissioner not less than fifteen days before the election; but if an}' qualified elector has been nominated as aforesaid or has been requested to ba a candidate as above specified less than fifteen 725.3— VOL .3—07 20 2130 Alississ days befoi"e any election, then the name of such candidates shall jstit- be printed upon said ballots. There shall be on said ballots on«i IjJ;^' space under the title of each office to be voted for and in the eve*-; of the death of any candidate Avhose name shall have been prim?«L on the official ballot, the name of the candidate duly substituted fa place of such deceased candidate may be written in such blank stoMw; by the voter. ,<^^m^ ' Sec. 3. After the proper officer has been notified of the noininat!^^ as hereinbefore specifiea, of any candidate for office, said officer shall not omit the name from the ballot unless upon the written rwiucsl ^ £ the candidate so nominated made at least ten days before the eliYtit^/' Sec. i. Every ballot printed by virtue of this ordinance shall cas^ tain the names- of all candidates noininated as hereinbefore spet-;,'-.^'' and not duly withdrawn. The arrangement of the names of ull «it the candidates and the order in which the titles of the various olTIcr.-- to be voted for shall be made, and the size, print and quality of un- official ballot, is left to the sound judgment of the officer charged \nlk printing said ballots ; but the arrangement need not be unifonu. 1;/ shall be the duty of the secretaiy of state, with the approval of iJat; governor, to furnish the conmiissioners of the several counties a san}« pie of an official ballot, the general form of which sha'l be foUow^sJ, as nearly as practicable. ^Mienever the question of a constitutiotiA?-. amendment or other question or matter, admitting of an alfirmativfel or negative vote, is submitted to a vote of the electors, such 2.incR(l- : ment, question or matter shall be printed on said official ballot, to-: gether Avith the names of the candidates, if any, and al.~o the -wonU yea and nay, to be arranged by the jjroper officer so that the voter '-aa" intelligently vote his preference by making a cross-mark (x) oi/pv site the word indicating his preference; immediately followinq; u.e title of each office shall be iirinted the words '" Vote for one," <*f " Vote for two," or more according to tlie number to he elected, ihi the back, and otitside of the ballot shall be printed " official hallos." the name of the voting precinct or place for which said ballot h pre» pared and the date of the election. -f- Sf:c. .1. All offiiiial ballots intended for use at an_y voting pixx-ind or place of voting shall be fastened together in convenient nu;!]l>tn=_ and in some secure manner, but in such waj' that such ballots may !>: detached for use. A- record of the number of official ballots prlnn^.} and furnished to each voting ])recinct or place of voting, shall U-^ kept and all such ballots accounted for by the officer or officers in (r.ich county charged with the printing of ballots. Sec. C. The officers charged with distributing or printing and dt-i- tributing the official ballots, shall ascertain from the circuit clerk or other proj^er officer, at least ten days before the day of elect ion.. dn? number of registered voters in each election district, and shall al«. prejjare full instructions for the gindance of electors at elections u.-s to obtaining ballots, as to the manner of markino' them, and as to olitair.- ing new ballots in place of those accidentally spoiled, and such in- structions shall be printed in large, clear type, on " canls of in^tnic- tion," and said commissioners shall furnish the same in ;^niKci«it numbers for the use of electors, and said cardj shall be preserved In- all officers of elections as far as practicable, and returned by them to the conmiissioners of ei-clion and may be used, if applicable, in sub- sequent elections. .£''■':. 1890 2131 ;^Sec. 7. The said commissioner of election shall appoint one or more clepn(_v commissioners, from the respective election districts and de- livei- to them the proper number of ballots and cards of instruction, not less than one day before the election, and the deputj' commis- sioners so selected to receive said ballots, shall be conservators of the peace and shall take an oath, to be administered by said commis- sioner, faithfully to perform their duties and not to attempt to guide, direct or influence any voter in the exercise of his right to vote. Sec. 8. Tn case the official ballot prepared, shall be lost or de- stroj^ed, or in case of the death of anj- candidate ■whose name has been printed on the official ballot, the said commissioner, or his deputy shall have like ballots furnished in place of those lost or destroyed, if time remains therefor. If from an\- cause there should be no official ballot at a precinct aiid no sufficient time in Tvhich to have them printed, such ballots maj' be written, but if written by any one except the voter alone, for himself, the names of all candidates shall be written thereon without any special mark or device bj' which one name may be distinguished from another, and such tickets shall be marked by the voter as provided for printed ballots. Within three days after election day the insj^ectors shall report in writing to the commissionei's of election, under oath, the loss of the official ballots, the number lost, and all facts connected therewith, which report the commissioners \y\nj deliver to the grand jury if deemed advisable. Sec. 9. The deputy commissioners receiving the ballots from said commissioner shall clistribtite the same to the electors of the proper districts in. the mannei- herein provided; and in case the said deputy commissioner shall fail to" have said ballots at the election i^recincts at the proper time, or, if there, he shall fail to distribute the same, the inspectors of election, or those of them present at the election, shall provide said ballots and select some suitable person to dis- tribute the same according to law, who shall take the oath required to be takesi by the person to ^vhom the said commissioner delivered said ballots, to be aclministered by any one of said inspectors. Sk€. 10. The shtriffs of the several counties in this State shall pro- cure for their respective counties a sufficient number of voting com- partments, shelves and tables for the use of electors, which shall be so arranged that it shall be impossible for one voter at one table, shelf or compartment to see another voter who is preparing his ballot. The number of such voting shelves, tables or compartments, shall not be less than one for everj- one hundred electors at each voting pre- cinct. Each shelf, table and compartment, shall be^furnished with a card of instruction posted in each compartment, and proper supplies for marking the ballots by electors. Sec. 11. The dejjutj- commissioners having the official ballots shall remain at a place convenient to the tables, shelves and conipartments, for the distribution of ballots. "\Alien reqtiested hj each of the voters, the deputy commissioners aforesaid shall hand him an official ballot. Six. 12. On receiving his ballot the voter shall forthwith go into tme of the voting compartments, and shall prepare his ballot by marking with ink in the appropriate margin or place, a cross (x) opposite the name of the candidate of his choice, for each office to be filled, or by filling in the name of the candidate substituted in the blank sjoace as provided therefor, and marking a cross (x) oppo- site thereto, and likewise a cross (x) opposite the answer he desires "2132 Mississippi — to give in case of an election on a constitutional amendment or other question or matter. Before leaving- the voting rihelf, table or com- partment, the voter shall fold his ballot without displaying the marks ■thereon, but so that the words " official ballot," followed by the clesitr. \ nation of the election precinct for wliich the ballot is prepared aiKJ the date of the election, shall be visible to the officers of the election. He shall then cast his ballot in the manner pjrovided by law, which shall be done without undue delay, and the voter shall then quit the said inclosed place as soon as he has voted. Xo voter shall be allowed to occupy a voting shelf, table, or compartment already occu- pied by another voter, nor longer than ten minutes if other voters are not waiting, nor longer than five miiuites in case other voters are waiting. No person shall be allowed in the room in which said ballot boxes or compartments, tables and shehes are, except the offi- cers of election and the person distributing tlie ballots, and those- appointed by the officers holding the election, to aid them therein. - Sec. 13. No person shall take or i-emove any ballot from a polling place before the close of the polls. If any voter spoils a ballot he- may obtain other's, one at a time, not exceeding three in all, upon returning each spoiled one. ,.; Sec. 1-i. Any voter ^vho declares to the person or persons having the official ballots that by reason of blindness or other physical disabil- ity he is unable to mark his ballot, shall upon request seciu-e the; assistance of said person, or one of the election inspectors in the mark- ing thereof, and such person or officer shall certify on the outside of' said ballot that it was marked with his assistance and shall .not other- wise give information in regard to the same. Sec. 15. If the voter marks more names than there are persons to be elected to an office, or if for any reason, it is impossible to determine from the ballot the voter's choice for any office voted for, his ballot so cast shall not be counted. Xo ballot not provided in accordance with this ordinance shall be deposited or counted. Sec. 10. Any voter who shall, except as herein provided, allow his ballot to be seen by any person, or Avho shall make a false statement as to his inability to mark his ballot, or who shall place any mark upon his ballot by which it may be afterwards identified as the one voted by him, or any person who shall interfere or attempt to interfere with anj' voter when inside said inclosed space or when marking his ballot, or who shall endeavor to induce any voter before voting to show huw he marks or has marked his ballot, shall be ]junished by a fine of not less than twenty-five nor more than one hundred dollars, and the elec- tion officers shall cause any jjerson so doing to lie arrested and carried before the proper officer or tribunal for commitment and trial for such offense. Sec. 17. Any commissioner of election, or any other officer or per- son acting as such or performing election duty, who shall wilfully or knowinglj- refuse or fail to pcu'form the duties hei'cin i-equii'cd of hin\. or who shall violate any ])rovision of this ordinance, shall be guilty of a misdemeanor and be subject to a fine of not less than twenty-five nor more than one hundred dollars, or to im]'jrisonment in the county jail not less than ten nor more than niiicty days, or l.ioth, at the dis- cretion of the court. Sec. 18. The legislature shall have power to enact laws on the sub- jects of this ordinance, necessary for its efficiency, and not inconsistent Mtssissii}pi—lS90 2133 with its true intent and moaning. After January 1st, 1896, this ordi- najico. may be repealed or amended by the legislature; but shall-not be amenaid, and when repugnant, then according to the provisions thereof. The Board of Sup 196 watering stock prohibited ■_■ • ;• 196 foreign, not to be granted the right to operate railroads in this State 197 the term defined 199 charters of heretofore granted not affected 279 legislature to enforce article on 200 Coroner — provide for each county.' 135-136-138 Costs — fees for must be uniform 91 criminals may be charged with 261 Counties — working of roads by convicts in 85 no special law as to fees in any 91 officers of 135-136-138 removal and appoinment of officers of. 139 common schools in , 206. each to have one Representative 256 new, how represented until new apportionment 256 apportionment of legislators among 254-256 county seat, not moved except by vote, etc 259 new, voters to be consulted '. 260 pay expenses at criminal prosecutions, except 261 to have fines and forfeitures '. 261 may be consolidated by vote of people 261 officers of continued in office 284 Courts — all to be open, justice without sale, denial, etc 24 curious public may be excluded in trials of certain crimes 26 all interested parties may appear in freely 25 Supreme 144-161 Circuit 152-158 Index to Constitution. 67 Courts — Chancery : 159-164 Justices of the Peace 171 other inferior, may be created 172 vacancies on bench, filled 151-177 existing at the adoption of the Constitution continued under it.. 280 Credit— of State, not to be pledged 258 no county, city, or town, to lend, etc.... 188 Crimes — "involuntary servitude only for 15 speedy trial guaranteed to persons charged with^ 26 in trials for certain, public may be excluded 26 what disqualify for suffrage 241 prosecutions for, not affected by adoption of Constitution 283 Criminal Prosecutions — by indictment, except 27 county to bear expenses of 261 expenses of before Justices of the Peace 261 not affected by adoption of Constitution .279-280 Debt — no imprisonment for, allowed 30 Deceased person — no special act concerning property of. (e) 90 Deductions — from salaries of officers 78 Departments — three distinct, Legislative, Executive, Judicial 1 officer of one not to hold office in another 2 Descent — law of, not changed by special' act 90 Directors — how to be elected — cumulative voting.. 194 certain persons not to be, without consent,' etc 194 Disability — of infancy, not to be removed by special act (/) 90 of coverture, abolished 94 Disfranchised — by duelling 19 by certain crimes 241 District Attorney — provided for, etc 174 Divorce — not to be granted by special act (n) 90 Doctrine — of fellow servant, defined and changed in part 192 Domestic corporations — only to be authorized hereafter to operate railroads 197 Donation — takes two-thirds vote of Legislature to grant 66 none to sectarian uses, etc 66 none of lands to corporations 96 Doubtful claims — compromise only under general laws 100 Duelling — forbidden, etc 19 disfranchised for, disqualified for office by 19 Due process of law — liberty and property can only bo taken by 14 Basement — rightof way, a mere 96 Educable children — all between 5 and 21.. 201 Education — Article on 201-213 to be a uniform system of. 201 Legislature to encourage 201 Superintendent of. State, county „ 202-204 board of 203 ElectiTe franchise— Article on 240-253 68 Indsx to Constitution. Elections — by the Legislatvjre, by viva voce vote 76 to fill yacancies in Legislature 77 general, time for fixed 102 general, to be held in 1891 (page) 56 returns of, made to the Secretary of State 114 all to be by ballot, when by the people 240 qualification of voters at 241-242-244-249 qualification of municipal electors 245 general, every four years •; 2&2 for fixing county seat 259 for new county 268 regulated by ordinance until 1896 246 Electors — privileged from arrest, except 102 who are qualified 241-242-244-249 further qualifications for after 1891 244 in municipal elections 245 appeals by, for refusal of registration 248 registration of 242 must pay all taxes legally assessed 241 crimes which disqualify 241 not registered within 4 months of election - 251 must be registered by an officer of the State 249 all are eligible to office, except, etc 260 Legislature may remove disability of crime 253 Blectoral votes — what are, etc 140 Eminent Domain — right to exercise, not to be granted by special law (r) 90 corporate property subject to right of. 190 Employees — civil and other rights of, protected 102 doctrine of fellow servant, defined 193 cannot waive the benefit of fellow servant provision 193 Legislature may extend the fellow servant rule 193 Enumeration — of inhabitants, to be made in 1895, etc 105-256 Escheats — not afiected by adoption of Constitution 281 Executive — one of the departments of government 1 department of, article on 116-143 Exemption — from taxation, none by special act (g) 90 from Bale, noieby special act (A) 90 from civil duties, none by special act (/t) 90 of existing corporations, continued, if legal 181 no contract to be made for future 182 of certain enterprises for five years, may 182 cities, etc., may encourage certain enterprises by 192 ordinance concerning (pt^ge) 61 Bx-PoBt Facto Laws — not to be passed 16 Fees— not to be regulated by special act (o) 90 certain, in all counties to be the same ~., 91 no extra, or compensation, to be allowed 96 Fellow-Servant — doctrine of defined 193 ' Felony — no privilege in case of. 48, 102, 220 Fences — not regulated by special act (j) 90 Ferry — no special act to pass concerning (g) 90 Fines — excessive not to be imposed 28 Index to Constitution. 69 Pines — and forfeitures, to go to the counties 261 Governor may remit 124 not affected by adoption of Constitution « 281 Fish-traps — right/ to keep not to be granted by special act (g) 90 Fiscal year — begins the first of October 115 reports of Auditor and Treasurer for, to be made.. 115 Foreign Oorporation — not hereafter to be granted right to operate railroads in this State 197 government, officer of not to hold office 266 Forfeitures — go to the counties, (and fines) 261 Governor may stay, and'by consent of the Senate, remit 124 not affected by adoption of Constitution 281 of charter not remitted, except, etc 179 Fornication — in trials for, the public may be excluded 26 Franchise — for over ninety-nine years, of corporation, taxed 178 Qf common carriers, may be forfeited, how « 186 of eorporation, may be taken for public use 190 elective, how forfeited .....19, 241 Free Schools — uniform system of 201 Furniture — school, officers not to deal in 210 Gas Works — cities, etc., may encourage by exemption 192 God — a person who denies existence of, not to hold office 266 Good Behavior — no one to hold office during 20 Governor — may be impeached 50-52 to remove Judges, on address 53 need not approve certain resolutions of Legislature 60 to approve or veto bills 72 may veto part and approve part of appropriation bill 73 to approve no bill when the Legislature is not in session 72 to issue writs to fill vacancies in the Legislature 77 may make provisional appointments to office 103 is Chief Executive, his term, etc 116 shall not succeed himself in office 116 qualification and salary...., 117-118 Commander-in-Chief of army and navy and militia 119, 217 may require reports from other State officers 120 shall give information as to the state of the government 122 may convene the Legislature 121 shall see that the laws are executed faithfully 123 may grant reprieves and pardons 124 need not appoint Levee Commissioner for L., N. O. & T. E. B. Co. 231 to appoint Commissioners to revise the laws 278 duty to suspend defaulters 125 to sign all commissions 127 who to succeed to office of, and how 131 to appoint Adjutant-General 219 to verify the lands in the treasury 137 Legislature may empower to remove county and city officers 139 to appoint Levee Commissioners 229 how and when elected ." 140, 141,142 may appoint officers of militia 216-218 Government — all powers of, are derived from the people ,. 1-5 seat of, fixed at Jackson 101 70- Index to Constitution". Grant — of State lands, none to be by special act (u) 90 none to be made to a retiring ofScer 93 none to be made of any kind, except by two-thirds vote of the legislature 66 none to be made to sectarian use, etc 66 Great Seal — one to be kept by the Governor 126 commissions to be sealed with 127 Gulf of Mexico — State boundary on.. 3 Grand Jury — all prosecutions by indictment of, except 27 Habeas Corpus — writ of, not to be suspended, except 21 Homesteads — iiegislature may regulate the sale of 94 Hospitals — care of indigent siek in > 86 House of Representatives — part of Legislature 33 members of 34,254-256 qualification of members of 41 seat in, vacated by removal from county or district 41 seatjn forfeited by taking certain fees 47 has sole power of impeachment 49 may compel attendance of absentees 54 may punish disorderly members 55 may punish disorderly person , 58 may expel member 56 election of State officers by 140-143 Husband — contracts with wife, may be regulated 94 Impeachment — House of Representatives has sole power of 49 Senate to try all, oath of Senators in 49 all civil officers liable to 60 judgmept in case of 61 may be had at called sessions 121 Imprisonment — none for debt 30 Indictment — all prosecutions must be by, except 27 impeached officers are liable to 51 how to conclude 169 for neglect of duty, etc., all officers liable to 176 Infant- property of, not to be sold under special law (e) 90 disability of, not removed by special law (/) 90 Information — no poceeding by, except 27 prosecutions are by, orindictment 26 Injury — to be a remedy for every 24 Insurance — domestic companies not to be taxed more lliiin others 181 Insane — Legislature must provide for care of ;... 86 property of, not to be sold under special Inws (e) 90 Interest — not to be regulated by special laws (d) 90 Invasion — habeas eorpita may be suspended in case of 2^ appropriation may be made for repelling 96 Investigations — Governor need not consent to 60 Legislature has full power of : 60 may be had at called sessions 121 defaulters may be suspended, during 126 Islands — of State, in Gulf and in Mississippi river.... 3 Index to Constitution. 71 Jackson — seat of government, fixed at 101 Jeopardy — no person to be twice put in, of life or limb 22 Journal — each house of Legislature to keep 5S that a bill is signed, must be entered on, of each 69 votes entered on 72 of Legislature to be printed by lowest bidder 107 Judge — oath of every 155 not to preside where interested 165 pay of all to be fixed by law, not diminished 166 are conservators of the peace 167 vacancies jn oflSce of, how filled 151-177 how to proceed, when disqualified 165 Judiciary — Article on 144-177 Judicial — one department of government 1 whether " for public use," a judicial question 17 in what courts vested 144-177 Jurisdiction — of Supreme Court 146-147 of Circuit Oourt 156 of Chancery Court 159-160-161 concurrent 161 of Justice of the Peace 171 Boards of Supervisors : 170-262 of Levee Commissioners 232-233 of all courts, continued for certain purposes 280 of all courts, extended, as by this Constitution 280 Jurors — must be electors, and able to read and write... 264 list must be prepared to draw from 264 ,Jury— to find law and facts in libel case , 13 the truth may be given in evidence before, in libel cases 13 trial by, to remain inviolate 31 no person exempt from jury service by special law (A) 90 not to be drawn under any special law (n) 90 Justice shall be administered without, sale, denial, or delay 24 Justice of the Peace^ prosecutions before ......27-261 oath of 155 district for not to be made by special law (<) 90 how chosen, term, qualification of, etc 171 appeals to be from in all cases 171 not to sit in case where interested 171 jurisdiction of 171 Keeper of the Capitol — Secretary of State is 133 Lake Borgne — State boundary on 3 Lands — sale offer delinquent taxes 79 not granted by special act («) 90 not granted at all, nor sold, except to all aVike 95 how sold under execution, etc .' Ill funds from sale of for A. & M. Colleges, to be sacred 213 no Levee Board to buy when sold for taxes 236 Land Commissioner — to be provided for, ordinance (page) 58 Laws — local, private and special, nbt to pass, except 87-91 general only for cities, etc., and corporations 88, 178 72 Index to Constitution, Laws — , of descent, not changed by special act (j) 90 no special, relating to stock, to pass (j) 90 right of eminent do Jain, must he exercised by general (r) 90 all repugnant to C( nstitution are repealed, except ., 274-277 general, not repugnant, remain in force, until 274 Governor to appoint Commissioners to revise 278 Legislative — is one department of the government 1 Legislature — may settle disputed boundaries , 4 may acquire additional territory 4 may regulate or forbid carrying concealed weapons. 12 may allow prosecution of crime, not capital, without indictment... 26 power of legislation is vested in the 38 general, special and other sessions of the 36 to meet in 1892, and every two years : 36 special session of, only to last thirty days 36 at special session only revenue and appropriation bills to pass 36 at called sessions only to pass certain matters 86 members only getper diem at special session 36 how and when elected 37 each house to elect its officers ; Judge, etc 38 qualifications and privileges of members of 40-48 oath of members of 40 certain persons can not be members of 43-44 members of, not to hold office they create 45 pay of members of 36-46 members of not to take fee, or be counsel etc 47 impeachments 49-50-51-52 may address Judges out of office 53 majority a quorum in each house 54 each house to keep a Journal 55 ayes and nays, when called, etc 56-62-72-76-253 doors to remain open, except 58" reading of bills in each house, etc 59 in all elections by votes to be m»a voce 76 vacancies in, how filled 77 shall regulate deductions from^pay of officers 78 shall provide for sale ot delinquent tax lands 79 shall prevent cities and towns, abusing taxing power 80 shallnot allovF the obstruction of streams 81 shall fix the penalty of all official bonds 82 may allow guarantee companies to assure officers 82 shall enact laws to secure safety from fires 83 shall limit, restrict or forbid non-resident aliens owning land 84 may limit or restrict corporations owning land 84 shall have roads worked by contract, if 85 shall have them worked by convicts, if. 85 shall provide for the care of the insane 86 may carp for indigent sick in hospitals 86 shall not pass special laws for corporations, etc., when 87 shall not suspend general laws when 87 shall pass general laws to protect private right.?, etc 88 shall pass general laws for cities, corporations, etc 88 local legislation, special committee's on, provided for 89 shall not pass local or private bills in certain cases 90 shall provide uniform fees and costs in all counties 91 shall not allow pay of officer afterdeath 92 shall not retire officer on pay or part pay 93 shall not deny wife equal rights of property - 94 Index to Constitution. 73 Legislature — may regulate dealings of husband and wife , ..,,....,... 94 shall not donate lands 95 may gi^nt right of way as an easement 95 shall not allow extra compensation 96 shall not revive barred remedy 97 shall enforce section against lotteries 98 shall elect its own officers only, except 99 shall not reduce, etc., public claims 100 shall not relieve public defaulters 100 may by general law allow compromise of doubtful claims 100 shall hot remove Capital, save by vote 101 may provide for certain vacancies 103 shall provide compensation for all officers 103 shall define the powers of all officers 103 shall provide for census in 1895 and every ten years 105 shall elect State Librarian .'.... 106 shall let public printing, etc., to lowest bidder 107 members of not to be interested in public contracts 107-109 shall stop salary when it stops duties of officers 108 may provide for private right of way 110 shall have lands sold, how Ill may tax noxious domestic animals 112 shall make taxation uniform and equal 112 may assess railroads by special mode 112 shall require Auditor to publish expenses of 113 may be convened by the Governor 121 how called and what to oonsidei- at such sessions 121 may be adjourned by Governor, when houses disagree 121 shall enforce provisions relating to defaulting officers •• 126 may provide mode of selecting county officers 188 may have Governor to remove county officers and appoint, 139 shall divide State into court districts 152 shall provide for transfer of causes 163 shall provide for reformation of pleadings 163 shall provide fop ajudication of costs 163 shall prescribe duties of clerics in vacation 168 shall provide for enumeration of children 206 shall not appropriate money to any but free schools 208 shall provide for care of deaf, dumb and blind 209 shall provide for Supervisors' districts 170 shall prescribe duties of Supervisors 170 shall provide for Justices of the Peace and Constables 171 may give Justices of the Peace exclusive jurisdiction in certain ca'ses 171 .shall provide for appeals from Justices of the Peace 171 may establish and abolish other inferior courts 172 shall define duties of Attorney-General 173 shall provide for selection of District Attorneys 174 shall prescribe duties of District Attorneys 174 shall punish crimes in office 175 shall fix value of freehold to be owned by Supervisor 176 may repeal charters, when, etc 178 shall not remit forfeitures, except, etc 179 may provide special mode-of taxation for banks 181 may put privilege tax on building and loan associations 181 may grant certain exemptions for five years 182 shall prescribe how exemptions, claimed. 182 shall supervise common carriers 186 shall allow cities to encourage manufacturing, etc ., 192 6 74 Index to Constitution. Legialata re- shall enforce laws against'free passes 188 shall protect employees of corporations 192 may extend doctrine of fellow-servant * ,. 193 shall allow cumulative voting by stockholders for directors 194 shall not authorize foreign corporations to run railroads 197 shall pass laws to prevent trusts, etc 198 shall enforce article on^corporations 200 shall maintain uniform system of free schools 201 shall prescribe duties of Superintendent of Education 202 shall prescribe duties of Board of Education 203 shall prescribe duties of County Superintendent of Education 204 shall provide common school fund 206 shall provide for the enumeration of children 206 shall not allow money to any but free school 208 shall provide for care of deaf, dumb and blind 209 shall punish officers for being interested in sale school books, etc.. 210 shall provide for investigating titles to l€th Sections 211 shall preserve A. & M. Colleges' funds 213 may organize militia 214 shall support Mississippi National Guard 221 may have officers of militia elected or appointed 216 shall provide salary for Adjutant-General 219 shall empower Boards of Supervisors to aid National Guard.. 222 shall abandon the "Leasing System" 223 may allow certain use of convicts 224 may provide prison farms 225 ordinance provides for information for the .....(page) 57 may add other lands to the Levee Districts 227 shall require bonds of Levee Commissioners 230 may amend several levee laws named 2.33 shall pass no bill about certain levee^ unless 234 shall impose a specific land tax for levees 236 may discontinue the cotton tax, provided, etc 236 may provide a system of levee taxation 237 shall require Levee Boards to publish proceedings 239 shall punish perjuries under laws for registry of voters 242 shall provide for registration of voters 242 may add to qualifications of electors in cities, etc 246 shall provide for appeals for refusal to register 247 may change date of elections 252 shall regulate primary elections 247 may restore t'he right of suffrage, crime, how 263 apportionment of the members of 264-266 may re-apportion after census of 1893 256 may reduce number of members, but, etc 256 may provide for reapportionment of new county until new appor- tionment 266 shall require counties to pay court expenses 261 tax defendants in criminal prosecution with costs 261 shall pass laws to protect paupers 262 shall prohibit miscegenation : , 268 shall require drawing of jurors from lists 264 may allow consolidation of counties 271 shall provide pensions for Confederate soldiers: 272 may submit amendments to Constitution 273 shall provide for Land Commissioner, ordinance (pjige) 68 Pearl River county represented in prior to 1892 ....(page) 60 Ltgitimation — of children, not don« by special act... (e) 90 Index to Con8titution. "75 Levees — Article on 227-239 system of to be maintained.... 227 two levee districts ao now established 228 Commissioners for 229-230-281 Boards, authority of, etc 233 Legislature to pass no bill about, except, etc 284 Boards to report to the Governor 235 specific land tax, imposed for 236 Boards not to buy lands at tax sales 236 Legislature to provide system of taxation for Levees 287 property outside ot not taxed for 238 Boards shall publish proceedings, etc 239 Liability to State, etc. — Legislature not to remit, release, etc 100 Libel — the truth may be given in evidence in prosecutions for 13 Librarian — State, Legislature to elect 99-106 woman may hold ofSce of 106 Licentiousness — religion not to be used as cloak for 18 Lieutenant-Governor — . election, qualifications, etc 128-129 compensation of, same as Speaker 130 may become Governor, when and how 181 election of, how contested 182 Life- no person to be deprived of, except by due process of law 14 no holding of office for 20 no oneto be put twice in jeopardy of, for same ofiense 22 Limitations — statutes ot, not to run against the State, etc 104 Local legislation — prohibited, or restricted 87-91 committee on, in each house 89 Log-rolling — oath of legislators against 40 Lotteries — prohibited. Legislature to enforce prohibition 98 Magistracy — separate for each department 1 Majority — necessary for quorum in each house 64 two-thirds to impeach 49-62 two-thirds to address out of office 63 two-thirds to expel a member 56 toconcurin other house amendments. 62 elected to each house to pass appropriation bills 64 of three-fifths to pass assessment law 70 of electors to remove the Capitol 101 two-thirds to remove suffrage disqualifications, crime 253 Manufactures, etc. — may be exempted from taxation 6 years 182 cities, etc., may encourage, etc 192 exemptions under ordinance (P^gs) 61 Marriage — of whites and blacks prohibited 268 Married women — emancipated fully 94 Militia — Governor, Commander in-chief of 119 able-bodied men, 18 to 45, liable to be enrolled in 214 officers of, may be elected or appointed 216 Legislature may organize 215 National Guard to be maintained 221-222 officers of, not removed except by advice of Senate...:. ~ 216 .^6 Index to CoNSTiTUTipir. Military — suborii^iDate to civil authority 9 prosecution in, service 27 Miscegenation — prohibited , 268 Misdemeanor — in office, prosecutions for 27 in office, impeachment for 50 Justices of the Peace jurisdiction in cases of 171 Circuit (Court, jurisdiction in case of 171 . proceedings for not affected by adoption of Constitution 282 MiMisgippi Biver — part of State boundary .'. 8 MQrals — pretext of religion, not to infringe good i 18 Mortgage^npt authorized by special act (e) 90 Mortmain — bequests lobe held in, void 269-270 Names of persons, etc. — notchanged by special act (i) 90 National Guard — Legislature to maintain 221 of what to consist 221 to be paid only when in actual service » 221 Boards of Supervisors may aid 222 Oath— of members of the Legislature iO or affirmation necessary for search warrant 28 of alljudges.... 156 of electors to register 242 of all officers except Judges and Legislators 268 Obligation — to State, etc., Legislature not to release, etc ! 100 to State, etc., not affected by adoption of Constitution 282 Office— a person not to hold in two departments 2 to be no religious test for 18 duelling disqualifies for : 19 term of every, must be fixed 20 certain disqualifications for 19-43 44-45 removal from, by impeachment 80 address out of 53 term of all elective, 4 years 252 all electors are qualified for, except, etc 250 woman qualified for Librarian 106 no one who denies the Supreme Being to hold 265 tJnited States officers not to hold, except, etc 266 no officer of foreign government to hold 266 must personally devote time to... 267 oath of all officers, except Judges and Legislators 268 Officers — deductions from salaries to be made for neglect 78 not to have extra pay after service rendered 96 general elections for, when held 102 duties of to be defined, compensation fixed.... 108 salary of, to cease when duties cease 108 not to be interested in certain contracts 109-107 of counties 185-188 all to hold for the term unless removed, etc 186 of counties, Legislature may provide for tlie selection of 139-175 all civil, are conservators of the peace 167 all are continued in office by Constitution, until, etc 284 all civil liable to impeachment, indictment 50-176 not to be interested in school books, furniture, etc 210 Index to Constitution. 77 Ordinances — of Oonvention (pages) 51-61 regulating elections , .» , 51-56 extending terms of State officers 56 making an appropriation 56 to raise funds...., 57 concerning the penitentiary 57 concerning Land Commissioner 58 concerning swamp lands 58 concerning levees 59 how Pearl Eiver county to he represented 60 attaching said county to 6th Congressional District 60 legalizing assessipent of said county 60 providing certain exemptions 61 Pardon;— may be granted by Governor, how 124 applicant for must publish notice 124 Paseagoula Eiver — point referred to on State boundary 3 Pearl Eiver — part of State boundary 3 Pearl Eiver County — ordinances relating to. (pages) 60-61 Penal actions pending not effected by Constitution 283 Penitentiary — Article on 223-226 convicts not to be hired after 1894 223 worked on levees, public roads, etc 224 such working not to interfere with farm work 224 State not to be put to expense on account of leasing 224 convicts may be placed on State farms 225 reformatory schools in the : 225 commutation of sentence to, allowed 225 sexes and races to be separated in, if possible 225 religious worship to be provided for convicts 225 Pensions — for Confederate soldiers, sailors, widows, etc 272 People- all power originates with 5 have sole right of intefnal government 6 right of petition reserved to the 11 have right to be seeure in person, houses, etc 23 retain powers not delegated 8i Per Diem — of Legislators at special sessions 36 Petition — right of the people to, not to be infringed 11 Planters' Bank — bonds of, and Union Bank, not to be paid ^68 Police power — not to be infringed by corporate rights '.... 190 sole right of people to regulate 6 Political year — begins first Monday in January... 257 Practice — of courts, no special act to regulate the (g) 90 Press — the, freedom of, held sacred 13 Printing — for State, to be let to lowest bidder 107 Private-rproperty, not taken foi; public use, except 17 whether use be public, a judicial question 17 President — Of Senate pro tem., to be chosen 39 may become Governor, when 131 Prosecution — rights of accused in 25-26 Prosecute — every person has right to, or defend 25 Public moneys — persoij liable for as principal not to hold office 43 Punishments — cruel and unusual not to be inflicted 28 Question — whether public use, a judicial 17 Bailroads— not to obstruct water courses-drawbridges......... 81 78 Index to Constitution. Bail roads — not to lay tracts by special act (r) 90 are public highways •. 180 right to construct, operate, etc 184 rolling stock of personal property 185 extortion and discrimination forbidden 186 Legislature to supervise by com. or otherwise 186 not to pass in 3 miles of county seat, without etc 187 shall not give free passes to officers ;.. 188 cities, towns etc., not to exempt 192 not to water corporate stock in 194 no foreign corporation to be authorized to operate in this State 197 Rape — in trials for, the court may exclude the public, 26 Rebellion — habeas corpus, in case of may be suspended 21 Recognizance — heretofore given not affected by Constitution ».... 282 Reconsideration — of vetoed bills, provided for 72 of votes, provided for — whole day for 65 Redemption— of lands sold for taxes, 2 years 79 Registration — of deeds, uniform fees for ... 91 of voters, provided for 242 a necessary qualification for suffrage 249 not allowed within 4 months of elections .'. '.- 251 new to be made after January 1, 1892 244 Religious test — to be none for office 18 worship, free enjoyment of secured.... 18 society, bequest to, void 269-270 Removal — of county officers, and appointment of 139 trom office by indictment 175 of Militia officers 216 Repealed — laws are not re-enacted by adoption of Constitution 286 Resolutions — certain do not require the Governor's signature 60 Revenue — bills to raise, at special sessions 36 bills to have precedence 68 bills not to pass in last 6 days, at regular sessions ;. 68 Revived — laws, must be inserted at length 61 no laws, by the adoption of the Constitution 285 Retired — no officer, to boon pay 93 Right ot way — a mere easement 95 for private roads 110 Rights — those not enumerated, are reserved 32 Roads — no special act to pass concerning {g) 90 working, no special law to pass concerning...., [l) 90 not to be vacated by special act {m) 90 of Liegislators 36-46 of deceased officer, not to be paid beyond the date of death 92 not to be affected by' special act (o) 90 to cease when duties of office cease 108 Sale— of lands for taxes 79 of property of infants, etc., not to be by special law (e) 90 no exemption from, by special act (A) 00 of lands, under execution, etc Ill Index to Constitution. 79 Sale — of roUirg stook of corporations 185 School — not to be regulated by special act < , (p) 90 Schools — . public, to be uniform system of r 201 public, to be carried on four months 205-206 School age— from 5 to 21 201 School District — penalty for not keeping up school in 205 separate distribution of funds to 206 Schools — separate for the races 207 School Pund— to be provided by Legislature 206 may be supplemented 206 how distributed 206 no sect to control any part of. , 208 none to go to any but free schools 208 Chicl