Mississippi's Constitution



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. Article 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, to wit: those which are legislative to one; those which are judicial to another; and those which are executive to another. Section 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 offices held by the person so accepting in either of the other departments. Article 2. Boundaries of the state. Section 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 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. Section 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. Article 3. BILL OF EIGHTS. Section 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. Section 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. Section 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. Section 8. All persons resident in this State, citizens of the United States, are hereby declared citizens of the State of Mississippi. Section 9. The military shall be in strict subordination to the civil power. Section 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 of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Section 11. The right of the people peaceably to assemble and petition the government on any subject shall never be impaired. Section 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. Section 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. Section 14. No person shall be deprived of life, liberty or property, except by due process of law. Section 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. Section 16. Ex post facto laws, or laws impairing the obliga- tion of contracts, shall not be passed. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 25. 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. Section 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. Section 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. Section 28. Cruel or unusual punishment shall not be in- flicted, nor excessive fines be imposed. Section 29. Excessive bail shall not be required; and all persons, shall, before conviction, be bailable by sufficient sureties, except for capital offenses when the proof is evident or presumption great. Section 30. There shall be no imprisonment for debt. Section 31. The right of trial by jury shall remain inviolate. Section 32. The enumeration of rights in this Constitution shall not be construed to deny or impair others retained by, and inherent in, the people. Article 4 LEGISLATIVE DEPARTMENT. Section 33. The legislative power of this State shall be vested in the legislature, which shall consist of a senate and a house of representatives. Section 34. The house of representatives shall consist of members chosen every four years by the qualified electors of the several counties and representative districts. Section 35. The senate shall consist of members to be chosen every four years by the qualified electors of the several districts. Section 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. Section 37. Elections for members of the legislature shall be held in the several counties and districts as provided bylaw. Section 38. Each house shall elect its own officers, and shall judge of the qualifications, return and election of its own members. Section 39. The senate shall choose a president pro tempore to act in the absence or disability of its presiding officer. ' QUALIFICATIONS AND PRIVILEGES OF LEGISLATORS. Section 40. Members of the legislature before entering upon 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. Section 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. Section 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. .); Section 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 49. The house of representatives shall have the sole 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. Section 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. Section 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. Section 62. When the governor shall be tried, the chief jus- tice of the supreme court shall preside ; and when the chief justice is disabled, 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. Section 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. Section 54. A majority of each house shall. constitute a quo-* 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. Section 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. Section 56. The style of the laws of the State shall be : " Be it enacted by the legislature of the State of Mississippi." Section 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. Section 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. Section 59. Bills may originate in either house and be amended or rejected in the other ; and every bill shall be read on three different days 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. Section 60. 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 committees to administer oaths, to send for persons and papers, and generally make legislative investigations effec- tive. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 67. No new bills shall be introduced into either house of the legislature during the last three days of the session. Section 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. Section 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. Section 70. No revenue bill nor any bill providing for as- sessments of property for taxation, shall become a law, ex- cept by a vote of at least three-fifths of the membervS of each house present, and voting. . Section 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. Section 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. Section 73 The governor may veto parts of any appropria- tion bill, and approve parts of the same, and the portions approved shall be law. Section 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. Section 75. No law of a general nature, unless therein other- wise provided, shall be enforced until sixty days after its passage. Section 76. In all elections by the legislature the members shall vote viva voce, and the votes shall be entered on the journals. Section 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 Section 78. It shall be the duty of the legislature to regulate by law the cases in which deductions shall be made from salaries of public officers, for neglect of official duty and the amount of said deduction. Section 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. Section 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. Section 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. Section 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. Section 83. The legislature shall enact laws to secure the safety of persons from fires in hotels, theatres and other public places of resort. Section 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. Section 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. Section 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 Section 87. No special or local law shall be enacted for 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. Section 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. Section 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. Section 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 : (a) Granting divorces. (b) 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. (f) 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. (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.) (l) Laying out, opening, altering and working roads and highways. (m) Vacating any road or highway, town plat, street, alley or public grounds. (n) 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. ' (s) Regulating the practice in courts of justice. (t) 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 Section 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. Section 92. The legislature shall not authorize payment to any person of the salary of a deceased officer beyond the date of his death. Section 93. The legislature shall not retire any officer on pay, or part pay, or make any grant to such retiring officer. Section 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. Section 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. 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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 Section 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. Section 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. Section 104. Statutes of limitation in civil causes shall not run against the State, or any subdivision, or municipal cor- poration thereof. Section 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. Section 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. , Section 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. Section 108. Whenever the legislature shall take away the duties pertaining to any ofiice, then the salary of the o3i6er shall cease. Section 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. Section 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 ; but such rights of way shall^not be provided for in incorpo- rated cities and towns. Section 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. Section 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. Section 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. Section 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. Section 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. ' Article 5. EXECUTIVE Section 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. Section 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. Section 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. Section 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. Section 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. Section 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, except 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. Section 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. Section 123. The governor shall see that the laws are faith- fully executed. Section 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 before conviction, and in cases of felony after conviction no pardon shall be granted until the applicant therefore 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 130. The lieutenant-governor shall receive for his services the same compensation as the speaker of the house of representatives. Section 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 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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 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. Section 138. The sheriff, coroner, treasurer, assessor, surveyor, clerks of the courts, and members of the board of supervisors of the several counties, and all other officers exercising local jurisdiction therein, shall be selected in the manner provided by law for each county. Section 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. Section 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 government, 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 majority 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 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. Section 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. Section 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. Section 143. All other State officers shall be elected at the same time, and in the same manner as provided for election of governor. Article 6. JUDICIARY. Section 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. Section 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. Section 146. The supreme court shall have such jurisdiction as properly belongs to a court of appeals. Section 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. Section 148. The supreme court shall be held twice in each year at the seat of government, at such time as the legisla- ture may provide. Section 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. Section 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. Section 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. Section 152. The legislature shall divide the State into con- venient circuit and chancery court districts. Section 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. Section 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. Section 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, (official's name), solemly swear (or affirm) that I 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." Section 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. Section 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. Section 168. A circuit court shall be held in each county at 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. Section 159. The chancery court shall have full jurisdiction in the following matters and cases, viz : (a) All matters in equity. (b) Divorce and alimony. - (c) Matters testamentary and of administration. (d) Minor's business. (e) Cases of idiocy, lunacy and persons of unsound mind. (f) All cases of which the said court had jurisdiction under the laws in force when this constitution is put in operation. Section 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. Section 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 matters of 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. Section 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. Section 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. Section 164. A chancery court shall be held in each county at least twice in each year. Section 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- 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 two judges constituting a quo- rum. I Section 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. Section 167. All civil officers shall be conservators of the peace, and shall be, by law, vested with ample poWer as such. Section 168. The clerk of the supreme 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 the 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. Section 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." Section 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. Section 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 a fine arid imprisonment in the county jail ; but the legisla- ture may confer on the justices of the peace exclusive juris- diction in such 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. Section 172. The legislature shall, from time to time, estab- lish such other inferior courts as may be necessary, and abolish the same whenever deemed expedient. Section 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. Section 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. Section 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. Section 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. Section 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. Article 7 CORPORATIONS. Section 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- 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. Section 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 Section 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. Section 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 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. Section 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. Section 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 the 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. Section 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. Section 185. The rolling stock, belonging to any railroad company or corporation in this State, shdll be considered personal property and shall be liable to execution and sale as such. Section 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. Section 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 sufficient ground for ordinary depot purposes. Section 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. Section 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. Section 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. Section 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. Section 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. Section 193. Every employee of any railroad corporation shall have the same right and remedies for any injury suf- 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. Section 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 Section 195. Express, telegraph, telephone and sleeping car companies are declared common carriers in their respective lines of business and subject to liability as such. Section 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. Section 197. The legislature shall not grant to any foreign corporation or association, a license to build, operate or lease 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. Section 198. The legislature shall enact laws to prevent all trusts, combinations, contracts and agreements inimical to the public welfare. Section 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. Section 200. The legislature shall enforce the provisions of this article by appropriate legislation. Article 8. EDUCATION Section 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. Section 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. Section 203. There shall be a board of education, consisting 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. Section 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. Section 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. Section 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. Section 207. Separate schools shall be maintained for chil-. dren of the white and colored races. Section 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. Section 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. Section 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 or profits of any books, apparatus or furniture to be used in any public school in this State. Penalties shall be provi- ded by law for the violation of this section. Section 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. Section 212. 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. Section 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. Article 9. MILITIA. Section 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. Section 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. Section 216a. All officers of militia, except non-commissioned officers, shall be appointed by the governor, by and with the consent- of the senate, or elected, as the legislature may 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 recommended, or by the decision of a court-martial, pursuant to law, or at his own request. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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 10. THE PENITENTIARY AND PRISONS. Section 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. Section 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. Section 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. Section 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. Article 11 LEVEES. Section 227. A levee system shall be maintained in the State as provided in this article. Section 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. Section 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 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. Section 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. Section 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. Section 232. The commissioners of said levee districts shall have supervision of the erection, repair and maintenance of the levees in their respective districts. Section 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 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. Section 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. Section 235. Bach levee board shall make at the end of each fiscal reporting of this State, showing the condition or the lerwes, and 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. Section 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 said 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 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. Section 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. Section 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. Section 239. The legislature shall require the levee boards to publish 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 FRANCHISES Section 240. All elections by the people shall be by ballot. Section 241. Every male inhabitant of this State, except idiots, insane persons and Indians not taxed, who is a citizen of the United States, twenty-one years old and upwards, who has resided in this State two years, and one year in the election district, or in the incorporated city or town, in which he offers to vote, and who is duly registered as provided in this article, and who has never been convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, imbezzlement or bigamy, and who has paid, on or before the first day of February of the year in which he shall offer to vote, all taxes which may have been legally required of him, and which he has had an opportunity of paying according to law, for the two preceding years, and who shall produce to the officers holding the election satisfactory evidence that he has paid said taxes, is declared to be a qualified elector; but any minister of the gospel in charge of an organized church shall be entitled to vote after six months residence in the election district, if otherwise qualified. Section 242. The legislature shall provide by law for the registration of all persons entitled to vote at any election, and all persons offering to register shall take the following oath or affirmation : " I , do solemnly swear (or affirm) that I am twenty-one years old, (or I will be before the next election in this county) and that I will have resided in this State two years, and election district of --- county one year next preceding the ensuing election [or if it so iniated in the oath that the person proposing to register is a min- ister of the gospel in charge of an organized church, then it will be sufficient to aver therein, two years residence in the State and six months in said election district], and am now in good faith a resi- dent of the same, and that I am not disqualified from voting by reason of having been convicted of any crime named in the consti- tution of this State as a disqualification to be an elector; that I will truly answer all questions proposed to me concerning my ante- cedents so far as they relate to my right to vote and also as to my residence before my citizenship in this district ; that I will faithfully support the constitution of the United States and of the State of Mississippi, and will bear true faith and allegiance to the same. So help me God." In registering voters in cities and towns, not wholly in one election district, the name of such city or town may be sub- stituted in the oath for the election district. Any willful and cor- rupt false statement in said affidavit, or in answer to any question propounded as herein authorized, shall be perjury. Section 243. A uniform poll tax of two dollars, to be used in aid of the common schools, and for no other purpose, is hereby imposed on every male inhabitant of this State between the ages of twentv-one and sixty- years, except persons who are deaf and dumb or blind, or who are maimed by loss of hand or foot ; said tax to be a lien only uport taxable property. The board of supervisors of any county may, for the purpose of aiding the common schools in that" county, increase the poll tax in said county, but in no case shall the entire poll tax exceed in any one year three dollars on each poll. No criminal proceedings shall be allowed to enforce the collection of the poll tax. Section 244. On and after the first day of January, A D, 1892, every elector shall, in addition to the foregoing qualifications, be able to read any section of the constitution of this State; or lie shall be able to understand the same when read to him, or give a reasonable interpretation thereof. A new registration shall be made before the next ensuing election after January the first, A D, 1892. Section 245. Electors in municipal elections shall possess all the quali- fications herein prescribed, and such additional qualifications as may be provided by law. Section 246. Pi-ior to the first day of January, A D, 1896, the elec- tions by the people in this State shall be regulated by an ordinance of this convention. Section 247. The legislature shall enact laws to secure fair- ness in party primary elections, conventions or other methods of naming party candidates. Section 248. Suitable remedies by appeal or otherwise shall be provided by law, to correct illegal or improper registra- tion and to secure the elective franchise to those who may be illegally or improperly denied the same. Section 249. No one shall be allowed to vote for members of the legislature or other officers who has not been duly regis- tered under the constitution and laws of this State, by an officer of this State, legally authorized to register the voters thereof. And registration under the constitution and laws of this State by the proper officers of this State is hereby de- clared to be an essential and necessary qualification to vote at any and all elections. Section 250. All qualified electors and no others shall be eligiblfe to office except as otherwise provided in this consti- tution. Section 251. Electors shall not be registered within four months next before any election at which they may offer to vote; but appeals may be heard and determined and revision take place at any time prior to the election ; and no person who, in respect to age and residence, would become entitled to vote, within the said four months, shall be excluded from registration on account of his want of qualification at the time of registration. Section 252. The term of office of all elective officers under this constitution shall be four years, except as otherwise pro- vided herein. A general election for all elective officers shall be held on the Tuesday next after the first Monday of November, A D, 1896, and every four (4) years thereafter ; provided, the legislature may change the day and date of general elections to any day and date in October, November or December. Section 253. The legislature may by a two-thirds vote of both houses, of all members elected, restore the right of suf- frage to any person disqualified by reason of crime ; but the reasons therefor shall be spread upon the journals, and the vote shall be by yeas and nays. Article 13. APPORTIONMENT. Section 254. The number of representatives in the lower house of the legislature shall be one hundred and thirty- three, to be apportioned as follows : First — The counties of Choctaw, Covington, Greene, Hancock, Issaquena, Jones, Lawrence, Leflore, Marion Neshoba, Pearl River, Perry, Quitman, Scott, Sharkey, Simpson, Smith, Sunflower, Tallahatchie, Tishomingo, Tunica, Wayne and Webster, each shall have one represen- tative. Second — The counties of Alcorn, Amite, Attala, Bolivar, Calhoun, Carroll, Chickasaw, Clay, Coahoma, DeSoto, KejA- per, Lafayette, Madison, Newton, Pike, Pontotoc, Prentiss, Rankin., Tate, Union, Wilkinson and Yalobusha, each shall have two representatives. Third — the counties of Copiah, Holmes, Marshall, Monroe, Noxubee, Panola, Warren and Washington, each shall have three representatives. Fourth — The counties of Franklin and Lincoln each shall have one representative and a floater between them. Fifth — The counties of Tippah and Benton each shall have one representative and a floater between them. Sixth — The counties of Claiborne and Jefferson each shall have one representative and a floater between them. Seventh — The counties of Clarke and Jasper each shall have one representative and a floater between them. Eighth — The counties of Grenada and Montgomery each shall have one representative and a floater between them. Ninth — The counties of Leake and Winston, each shall have one representative and a floater between them. Tenth — The counties of Harrison and Jackson, each shall have one representative and a floater between them. Eleventh — The county of Yazoo shall have three represen- tatives and the county of Hinds shall have three representa,- tives, and they shall have a floater»between them. Twelfth — The county of Lauderdale shall have three rep- resentatives, one to be elected by the city of Meridian, one by the county outside the city limits, and one by the whole county including Meridian. Thirteenth — The county of Adams outside of the city of Natchez shall have one representative and the city of Natchez one representative. Fourteenth — The county of Lowndes shall have three rep- resentatives, two of whom shall be elected by that part of the county east of the Tombigbee river, and one by that portion of the county west of said river. Fifteenth — The county of Oktibbeha shall have two rep- resentatives, one of whom shall be elected by that portion of the county east of the line running north and south be- tween ranges thirteen and fourteen, and the other by that portion of the county west of said line. Sixteenth — The county of Lee shall have two represen- tatives, the county of Itawamba one, and a floater between them. Seventeenth — In counties divided into legislative dis- tricts, any citizen of the county eligible for election to the house of representatives shall be eligible to represent any district thereof. THE SENATE. Section 255 The number of senators shall be forty -five and are apportioned as follows : First — The counties of Hancock, Harrison and Jackson shall constitute the first district, and elect one senator. Second — The counties of Wayne, Jones, Perry and Greene the second district, and elect one senator. Third — The counties of Jasper and Clarke the third dis- trict, and elect one senator. Fourth — The counties of Simpson, Covington, Marion and Pearl River, the fourth district, and elect one senator. Fifth — The counties of Rankin and Smith the fifth dis- trict and elect one senator. Sixth^The counties of Pike and Franklin the sixth dis- trict, and elect one senator. Seventh — The counties of Amite and Wilkinson the seventh district, and elect one senator. Eighth — The counties of Lincoln and Lawrence the eighth, district, and elect one senator. Ninth — The county of, Adams the ninth district, and elect one senator. Tenth — The counties of Claiborne and Jefferson the tenth district, and elect one senator. Eleventh — The county of Copiah the eleventh district, and elect one senator. Twelfth — The counties of Hinds and Warren the twelfth district, and elect one senator each and a senator between them, to be chosen from the counties a,lternately, beginning with Hinds. Thirteenth — The counties of Scott and Newton the thir- teenth district, and elect one Senator. Fourteenth — -The county of Lauderdale, the fourteenth district, and elect one senator. Fifteenth — The counties of Kemper and Winston the fif- teenth district, and elect one senator. Sixteenth — The county of Noxubee the sixteenth district, and elect one senator. Seventeenth — The counties of Leake and Neshoba the seventeenth district, and elect one senator. Eighteenth — The county of Madison the eighteenth dis- trict, and elect one senator. Nineteenth — The county of Yazoo the nineteenth district, and elect one senator. Twentieth — The counties of Sharkey and Issaquena the twentieth district, and elect one senator. Twenty-first— The county of Holmes the twenty-first dis- trict, and elect one senator. Twenty-second— The county of Attala the twenty-second district, and elect one senator. Twenty-third— The counties of Oktibbeha and Choctaw the twenty-third district, and elect one senator. Twenty-fourth— The counties of Clay and Webster the twenty-fourth district, and elect one senator. Twenty-fifth— The county of Lowndes the twenty-fifth district, and elect one senator. Twenty-sixth— The counties of Carroll and Montgomery the twenty-sixth district, and elect one senator. Twenty seventh — The counties of Lefiore and Tallahatchie the twenty-seventh district, and elect one senator. Twenty-eighth — The counties of Yallobusha and Grenada the twenty-eight district, and elect one senator. Twenty-ninth — The counties of Washington and Sun- flower the twenty-ninth district; the county of Washington shall elect one senator, and the counties of Washington and Sunflower a senator between them. Thirtieth — The county of Bolivar the thirtieth district, and elect one senator. Thirty-first— the counties of Chickasaw, Calhoun and Pontotoc the thirty-first district, and elect two senators; both senators shall at no time be chosen from the same county. Thirty-second — The county of Lafayette the thirty-second district, and elect one senator. Thirty-third— The county of Panola the thirty-third dis- trict, and elect one senator. Thirty-fourth — The counties of Coahoma, Tunica and Quitman the thirty-fourth district, and elect one senator. Thirty- fifth— The county of DeSoto the thirty-fifth district, and elect one senator. Thirty-sixth — The counties of Union, Tippah, Benton, Marshall and Tate the thirty-sixth district, and elect three senators. The counties of Tate and Benton shall be entitled to one ; the counties of Union and Tippah one ; and the county of Marshall one. Thirty-seventh — The counties of Tishomingo, Alcorn and Prentiss the thirty-seventh district, and elect one senator. Thirty-eighth — The counties of Monroe, Lee and Itawamba the thirty-eighth district, and elect two senators, one of whom shall be a resident of the county of Monroe and the other a resident of Lee or Itawamba counties. Section 256. The legislature may at the first session after the State census of 1895 and decennially thereafter, make a new apportionment of senators and representatives. At each apportionment, each county then organized shall have at least one representative: New counties afterwards created shall be represented as may be provided by law, until the next succeeding apportiontment. The counties of Tishomingo, Alcorn, Prentiss, Lee, Itawamba, Tippah, Union, Benton,' Marshall, Lafayette, Pontotoc, Monroe, Chickasaw, Calhoun, Yalobusha, Grenada, Carroll, Montgomery, Choctaw, Web- ster, Clay, Lowndes, and Oktibbeha, or the territory now composing them, shall together never have less than forty- four representatives. The counties of Attala, Winston, Nox- ubee, Kemper, Leake, Neshoba, Lauderdale, Newton, Scott, Rankin, Clarke, Jasper, Smith, Simpson, Copiah, Franklin, Lincoln, Lawrence, Covington, Jones, Wayne, Greene, Perry, Marion, .Pike, Peari River, Hancock, Harrison and Jackson, or the territory now composing them, shall together never have less than forty-four representatives ; nor shall the re- maining counties of the State, or the territory now compos- ing them, ever have less than forty-four representatives. A reduction in the number of senators and representatives may be made by the legislature if the same be uniform in each of the three said divisions ; but the number of representatives shall not be less than one hundred, nor more than one hun- dred and thirty-three ; nor the number of senators less than thirty, nor more than forty-five. Article 14. GENERAL PROVISIONS. Section 257. The political year of the State of Mississippi shall commence on the first Monday of January in each year. Section 258. The credit of the State shall not be pledged or loaned in aid of any person, association or corporation; and the State shall not become a stockholder in any corporation or association, nor assume, redeem, secure or pay any indebted- ness or pretended indebtedness alleged to be due by the State of Mississippi, to any person, association or corporation whatsoever, claiming the same as owners, holders or assign- ees of any bond or bonds, now generally known as " Union Bank" bonds and "Planters' Bank" bonds. Section 259. No county seat shall be removed unless such removal be authorized by two-thirds of the electors of the county voting therefor; but when the proposed removal shall be towards the center of the county, it may be made when a majority of the electors participating in the election shall vote therefor. Section 260. No new county shall be formed unless a major- ity of the qualified electors voting in each part of the county or counties proposed to be dismembered and embraced in the new county, shall separately vote therefor; nor shall the boundary of any judicial district in a county be changed unless at an election held for that purpose, two-thirds of those voting assent thereto. The elections provided for in this and the section next preceding shall not be held in any county oftener than once in four years. No new county shall contain less than four hundred square miles ; nor shall any existing county be reduced below that size. Section 261. The expenses of criminal prosecutions, except those before justices of the peace, shall be borne by the county in which such prosecutions shall be begun; and all net fines and forfeitures shall be paid into the treasury of such county. Defendants in cases of conviction may be taxed with the costs. Section 262. The board of supervisors shall have power to provide homes or farms as asylums for those persons, who, y reason of age, infirmity or misfortune, may have claims upon the sympathy and aid of society; and the legislature shall enact suitable laws to prevent abuses by those having the care of such persons. Section 263. The marriage of a white person with a negro or mulatto, or person who shall have one-eighth or more of negro blood, shall be unlawful and void. Section 264. No person shall be a grand or petit juror unless a qualified elector and able to read and write ; but the want of any such qualification in any juror shall not vitiate any indictment or verdict. The legislature shall provide by law for procuring a list of persons so qualified, and the drawing therefrom of grand and petit jurors for each term of the cir- cuit court. Section 265. No person who denies the existence of a Supreme Being shall hold any office in this State. Section 266. No person holding or exercising the rights or powers of any office of honor or profit, either in his own right, or as a deputy, or while otherwise acting for or in the name, or by the authority of another, under any foreign government, or under the government of the United States, shall hold or exercise in any way the rights and powers of any office of honor or profit under the laws or authority of this State, except notaries, commissioners of deeds, and United States commissioners. Section 267. No person elected or appointed to any office or employment of profit under the laws of this State, or by vir- tue of any ordinance of any municipality of this State, shall hold such office or employment without personally devoting his tivne to the performance of the duties thereof. Section 268. All officers elected or appointed to any office in this State, except judges and members ' of the legislature, shall, before entering upon the discharge of the duties there- of, take and subscribe the following oath : "I , do solemnly swear (or affirm) that I will faithfully support the constitution of the United States and the constitution of the State of Mississippi, and obey the laws thereof; that I am not disqualified from holding the office of ; that I will faithfully discharge the duties of the office upon which I am about to enter. So help me God." Section 269. Every devise or bequest of lands, tenements or hereditaments, or any interest therein, of freehold, or less than freehold, either present or future, vested or contingent, or of any money directed to be raised by the sale thereof, contained in any last will and testament, or codicil, or other testamentary writing, in favor of any religious or ecclesias- tical corporation, sole or aggregate, or any religious or ecclesiastical society, or to any religious denomination, or association of persons, or to any person or body politic, in trust, either expressed or implied, secret or resulting, either for the use and benefit of such religious corporation, society, denomination or association, or for the purpose of being given or appropriated to charitable uses or purposes, shall be null and void, and the heir-at-law shall take the same property so devised or bequeathed, as though no testament- ary disposition had been made. Section 270. Every legacy, gift or bequest, of money or per- sonal property, or of any interest, benefit or use therein, either direct, implied or otherwise, contained in any last will and testament or codocil, in favor of any religious or ecclesiastical corporation, sole or aggregate, or any religious or ecclesiastical society, or to any religious denomination or association, either for its own use or henefit, or for the pur- pose of being given -or appropriated to charitable uses, shall be null and void, and the distributees shall take the same as though no such testamentary disposition had been made. Section 271. The legislature may provide for the consolida- tion of existing counties, if a majority of the qualified elec- tors of such counties voting at an election held for that pur- pose, shall vote therefor. Section 272. The legislature shall provide by law, pensions for indigent soldiers and sailors who enlisted and honorably served in the Confederate army or navy in the latecival war, who are now resident in this State, and are not able to earn a support by their own labor. Pensions shall also be allowed to the indigent widows of such soldiers or sailors now dead, when from age or disease, they cannot earn a support. Pen- sions shall also be allowed to the wives of such soldiers or sailors upon the death of the husband, if disabled and indi- gent as aforesaid. Pensions granted to widows shall cease upon their subsequent marriage. Article 15. AMENDMENTS TO THE CONSTITUTION. Section 273. Whenever two-thirds of each house of the legis- lature shall deem any change, alteration, or amendment necessary to this constitution, such proposed change, altera- tion or amendment shall be read and passed by a two-thirds vote of each house respectively, on each day, for three sev- eral days; public notice shall then be given by the secretary of state, at least three months preceding an election, at which the qualified electors shall vote directly for or against such change, alteration or amendment; and if more than one amendment shall be submitted at one time, they shall be submitted in such manner and form that the people may vote for or against each amendment separately ; and if it shall appear that a majority of the qualified electors voting, shall have voted for the proposed change, alteration or amend- ment, then it shall be inserted by the next succeeding legis- lature as a part of this constitution, and not otherwise. That no inconvenience may arise from the changes in the Constitution of this State, and in order to carry the new Constitution into complete operation, it is hereby declared that — Section 274. The laws of this State now in force, not repug- nant to this constitution, shall remain in force until amended or repealed by the legislature or until they expire by limi- tation. All statute laws of this State repugnant to the pro- visioijiS'of this constitution, except as provided in the next three sections, shall continue and remain in force until the first day of April, A D, 1892, unless sooner repealed by the legislature. Section 275. All laws of this State which are repugnant to the following portions of this constitution, shall be repealed by the adoption of this constitution, to-wit: laws repugnant to : (a) All the ordinances of this convention. (b) The provisions of section 183, prohibiting counties, cities and towns from voting subscriptions to railroad and other corporations or associations. (c) The provisions of sections 223 to 226, inclusive, of Article 10, prohibiting the leasing of penitentiary convicts. Section 276. All laws of the Stale which are repugnant to the provisions of sections 240 to 253, inclusive, of Article 12, on the subject of franchise and elections, shall be and remain in force until the first day of January, A D, 1891, and no longer. Section 277. All laws of this State which are repugnant to the provisions of Article 13, sections 254 to 256, inclusive, on the subject of the apportionment of representatives and sen- ators in the legislature, shall be and remain in force until the first day of October, A D, 1891, but no longer. Section 278. The governor shall as soon as practicable, ap- point thiee suitable persons learned in the law, as commis- sioners whose duty it shall be to prepare and draft such gen- eral laws as are contemplated in this con'stitution and such other laws as shall be necessary and proper to put into op- eration the provisions thereof, and as may be appropriate to conform the general statutes of the State to the consti- tution. Said commissioners shall present the same when prepared to the legislature at its'next regular session. And the legislature shall provide reasonable compensation there- for. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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 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. Section 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 counties. 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 NOLAND, Delegate from Wilkinson county. J W ODOM, Delegate from DeSoto county. S E PACKWOOD, Delegate from Pike county. J K P PALMER, Delegate from Scott county. A J PAXTON, Delegate from Washington county. C O POTTER, 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. LODES, Delegate from Lee county. RICHARDS, Delegate from Lowndes county ROBINSON, Delegate from Rankin county. P ROBINSON, Delegate from Union county. J ROTENBERRY, Delegate from Yalobusha county 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, Kemper 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 Enrolling Clerk. ORDINANCES Election Ordinances Be it ordained to the people of Mississippi in- Convention assem- bled — Section 1. All ballots in all elections held in this State shall be printed and distributed at public expense, as hereinafter provided, and shall be known 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. Section 2. The ballots printed for use under 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 authority 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, sworn 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 any qualified elector has been nominated as aforesaid or has been requested to be a candidate as above specified less than fifteen days before any election, then the name of such candidates shall be printed upon said ballots. There shall be on said ballots one space under the title of each office to be voted for and in the event of the death of any candidate whose name shall have been printed on the official ballot, the name of the candidate duly substituted in place of such deceased candidate may be written in such blank space by the voter. Section 3. After the proper officer has been notified of the noinination as hereinbefore specified, of any candidate for office, said officer shall not omit the name from the ballot unless upon the written request the candidate so nominated made at least ten days before the election. Section 4. Every ballot printed by virtue of this ordinance shall con- tain the names of all candidates noininated as hereinbefore specified and not duly withdrawn. The arrangement of the names of all the candidates and the order in which the titles of the various offices 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 with printing said ballots ; but the arrangement need not be uniform. It shall be the duty of the secretary of state, with the approval of the governor, to furnish the commissioners of the several counties a sam- ple of an official ballot, the general form of which shall be follows as nearly as practicable. Whenever the question of a constitutional amendment or other question or matter, admitting of an affirmative or negative vote, is submitted to a vote of the electors, such incre- ment, question or matter shall be printed on said official ballot, to- gether with the names of the candidates, if any, and also the words yea and nay, to be arranged by the proper officer so that the voter may intelligently vote his preference by making a cross-mark (x) site the word indicating his preference; immediately following; the title of each office shall be printed the words "Vote for one," or "Vote for two," or more according to the number to be elected, on the back, and outside of the ballot shall be printed "official ballot." the name of the voting precinct or place for which said ballot pre- pared and the date of the election. Section 5. All official ballots intended for use at any voting precinct or place of voting shall be fastened together in convenient nu;!]l>tn=_ and in some secure manner, but in such way that such ballots may be detached for use. A record of the number of official ballots printed and furnished to each voting precinct or place of voting, shall be kept and all such ballots accounted for by the officer or officers in each county charged with the printing of ballots. Section 6. The officers charged with distributing or printing and dis- tributing the official ballots, shall ascertain from the circuit clerk or other proper officer, at least ten days before the day of election, a number of registered voters in each election district, and shall prepare full instructions for the guidance of electors at elections to obtaining ballots, as to the manner of marking them, and as to obtain- ing new ballots in place of those accidentally spoiled, and such in- structions shall be printed in large, clear type, on "cards of instruc- tion," and said commissioners shall furnish the same in duplicate numbers for the use of electors, and said cards shall be preserved for all officers of elections as far as practicable, and returned by them to the commissioners of election and may be used, if applicable. Section 7. The said commissioner of election shall appoint one or more deputy commissioners, from the respective election districts and de- liver to them the proper number of ballots and cards of instruction, not less than one day before the election, and the deputy 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. Section 8. In case the official ballot prepared, shall be lost or de- stroyed, or in case of the death of any 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 any cause there should be no official ballot at a precinct and no sufficient time in which to have them printed, such ballots may 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 by 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 inspectors shall report in writing to the commissioners of election, under oath, the loss of the official ballots, the number lost, and all facts connected therewith, which report the commissioners deputy deliver to the grand jury if deemed advisable. Section 9. The deputy commissioners receiving the ballots from said commissioner shall distribute the same to the electors of the proper districts in the manner herein provided; and in case the said deputy commissioner shall fail to have said ballots at the election precincts 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 taken by the person to whom the said commissioner delivered said ballots, to be administered by any one of said inspectors. Section 10. The sheriffs 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 every 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. Section 11. The deputy commissioners having the official ballots shall remain at a place convenient to the tables, shelves and compartments, for the distribution of ballots. When requested by each of the voters, the deputy commissioners aforesaid shall hand him an official ballot. Section 12. On receiving his ballot the voter shall forthwith go into one 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 space as provided therefor, and marking a cross (x) oppo- site thereto, and likewise a cross (x) opposite the answer he desires to give in case of an election on a constitutional amendment or other question or matter. Before leaving the voting shelf, 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 desig- nation of the election precinct for which the ballot is prepared and the date of the election, shall be visible to the officers of the election. He shall then cast his ballot in the manner provided 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. No 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 the ballots, and those appointed by the officers holding the election, to aid them therein. Section 13. No person shall take or remove any ballot from a polling place before the close of the polls. If any voter spoils a ballot he- may obtain other, one at a time, not exceeding three in all, upon returning each spoiled one. Section 14. Any voter who 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 secure 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. Section 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. No ballot not provided in accordance with this ordinance shall be deposited or counted. Section 16. Any voter who shall, except as herein provided, allow his ballot to be seen by any person, or who 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 any voter when inside said inclosed space or when marking his ballot, or who shall endeavor to induce any voter before voting to show how he marks or has marked his ballot, shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, and the elec- tion officers shall cause any person so doing to be arrested and carried before the proper officer or tribunal for commitment and trial for such offense. Section 17. Any commissioner of election, or any other officer or per- son acting as such or performing election duty, who shall wilfully or knowingly refuse or fail to perform the duties or who shall violate any provision 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 imprisonment in the county jail not less than ten nor more than ninety days, or both, at the dis- cretion of the court. Section 18. The legislature shall have power to enact laws on the sub- jects of this ordinance, necessary for its efficiency, and not inconsistent with its true intent and moaning. After January 1st, 1896, this ordi- nance may be repealed or amended by the legislature; but shall not be amended so as to conflict with any provisions of this constitution. All terms and parts of laws in conflict with any of the provisions of this ordinance are hereby annulled, and this ordinance shall take Inflect and be in force from and after the first day of January, A D, 1890. Section 19. The boards of supervisors of the several counties, and the municipal authorities of the cities and towns of the State, are author- zied to allow reasonable compensation to officers for services under this ordinance. Adopted by the Convention November 1, 1890. S S Calhoon. President. Attest: T K Atchison, Secretary. AN ORDINANCE; terms of State Officers Be it ordained by the people of Mississippi in Convention assembled— Section 1. The terms of the following State officers, to-wit: gov- ernor, lieutenant-governor, attorney-general, treasurer, auditor, sec- retary of state, superintendent of education and clerk of the supreme court, are hereby extended until the first Monday in January 1806; and vacancies in the offices, the terms of which are hereby extended, shall be filled by appointment by the governor except as otherwise provided in this constitution. Section 2. The persons whose terms of office are hereby extended shall be ineligible to immediately succeed themselves. And all bonded officers whose terms are hereby extended shall execute new official bonds on or before the date at which, but for this extension, their present terms of office would have expired; and in case of any failure to execute such bond the office shall thereby become vacant. Section 3. A general election shall be held under this constitution on the first Tuesday after the first Monday in November, 1891, for three railroad commissioners and for members of the legislature, district attorneys, and county and county district officers, whose terms shall expire on the first Monday in January, A D, 1896. Section 4. There shall be a registration of the electors qualified under such provisions of this Constitution which are operative prior to the election in 1891, and such registration shall be "made by the proper officers, and in the manner now prescribed by law when the same is not inconsistent with the provisions of the Constitution operative as aforesaid, and when repugnant, then according to the provisions thereof. The Board of Supervisors of the several counties shall pro- vide proper registration books with the oath required by Section 242 of this Constitution. All attendees making an appropriation to defray the expenses of the Conven- tion Be it ordained by the people of Mississippi in Convention assem- bled— Section 1. That there is hereby appropriated out of any moneys in the treasury not otherwise appropriated, a sum sufficient to defray the expenses of the convention; and the auditor of public accounts is authorized to issue his warrants upon the treasurer, and the treasurer is authorized to pay the same for such sums as the convention may direct and duly certify through its proper officers. Adopted by the Convention October 4, 1890. S S CALHOON, President. Attest : R E Wilson, Secretary. AN ORDINANCE To provide for raising money to defray the expenses of the Convention. Be it ordained by the people of Mississippi in Convention assem- bled — Section 1. That the state treasurer be authorized, with the consent and approval of the governor, if it shall be deemed necessary, to negotiate a loan of not exceeding fifty thousand dollars, for a period of not more than four months, on such reasonable terms as the governor shall approve, for the purpose of defraying the expenses of the convention and for replacing moneys used for that purpose. Section 2. That the faith of the State be pledged for the re- payment of such loan ; and the treasurer is hereby author- ized to hypothecate the 46,000 of unsold bonds issued in pursuance of the act approved March 15th, 1884, and to sell the same for the purpose of raising the money to pay such loan, if he and the governor shall deem the same necessary or proper. Adopted by the Convention October 8, 1890. S S CALHOON, President. Attest : R E Wilson, Secretary. PENITENTIARY ORDINANCE. Be it ordained by the people of Mississippi in Convention assem- bled — Section 1. With the view of enabling the legislature at its next session to have before it the necessary information upon which to act, if it should determine to establish a pen- itentiary farm, it is made the duty of the governor to ap- point five commissioners, who shall, prior to the next ses- sion of the legislature, carefully inspect such bodies of land as may he thought suitable for such location ; and ,Vho shall make report to the governor as to the several advan- tages of the bodies of land inspected by them and as to the propriety of esfablishing such farm or some other system, and as to the advantages of each, cost, and other proper matters, to be laid by the governor before the legislature with such recommendation as he may see proper to make. Adopted by the Convention November 1, 1890. S S CALHOON, President. Attest: R E Wilson, Secretary. LAND COMMISSIONER ORDINANCE. Be it ordained by the people of Mississippi in Convention assem- bled — Section 1. The legislature at its next regular session shall provide for the election of a land commissioner at the gen- eral election to be held in 1896 whose term of office shall be four years, and whose only compensation shall be a salary to be fixed by law.. He shall have charge of the swamp and overflowed lands, the internal improvement lands, the rec- ords of the office of surveyor-general turned over by the United States to this State, the Chickasaw school lands, the sixteenth section and indemnity lands for the sixteenth sec- tion outside of the Chickasaw cession, the lands forfeited for non-payment of taxes after the time allowed for exemp- tion shall have expired, and of all other public lands and land records in this State not otherwise provided for. The legislature shall enact such other laws as shall be necessary to fully carry this ordinance into effect; and shall have power to abolish s'aid office when the interests of the State demand it, or may add to any of the duties assigned to such officer. Adopted by the Convention November 1, 1890. S S CALHOON, President. Attest : R E Wilson, Secretary. SWAMP LAND ORDINANCE. Be it ordained by the people of Mississippi in Convention assem- bled — Whereas, Doubts have arisen as to the title of original purchasers of certain swamp and overflowed lands by rea- son of the entry of said lands with the land scrip of coun- ties other than the county in which said lands were situa- ted ; and Whereas, By act of the legislature of the State of Mis- sissippi approved February 17, 1890, "all persons now holding swamp lands under such invalid purchase shall have the right to purchase the same for a. period of two years at the uniform price of 12 cents per acre" upon the terms required by said act ; therefore Section 1. Be it ordained that the State of Mississippi hereby waives the payment of said sum naiped in said act, and disclaims any interest or title in and to the said lands on account of erroneous locations thereof. Adopted by the Convention November 1st, 1890. S S CALHOON, President. Attest : R E Wilson, Secretary. LEVEE ORDINANCES. Be it ordained by the people of Mississippi in Convention assem- bled: Section 1. For the purpose of raising the money neces- sary to repair, elevate, strengthen and complete the levees along the Mississippi river, within the Mississippi Levee District, composed of the counties of Bolivar, Washington, Issaquena and Sharkey, and a part of Warren county, the board of Mississippi levee commissioners are hereby au- thorized to issue lithographed or engraved bonds to the amount of five hundred thousand dollars, in such form, bearing such rate of interest and payable at such time, as it may determine, with coupons for interest attached, and to dispose, of the same from time to time as may be necessary ; but such bonds shall not run for a longer time than fifty years, nor bear a rate of interest exceeding six per centum per annum, payable semi-annually in the city of New York. The signatures to the said coupons may be litho- graphed, but all such bonds so issued shall be signed by the president of said board, countersigned by its treasurer with the corporate seal of the board attached, numbered con- secutively, and registered in a book to be kept for that pur- pose. Seg. 2. The corporate organization of the board of Mis- sissippi levee commissioners, and the tax herein directed to be levied, together with the taxes heretofore levied or au- thorized by the legislature for levee purposes, shall be con- tinued to the extent and according to the terms of the sev- eral laws levying or authorizing said taxes until all the bonds issued by virtue of and under the authority contained in the preceding section of this ordinance are paid off and discharged; and said taxes are pledged for the payment thereof and of the coupons of interest thereto attached, sub- ject however to the provisions of this Constitution. Adopted by the Convention November 1, 1890. S S CALHOON, President. Attest : R E Wilson, Secretary. AN ORDINANCE To provide for representation of Pearl River county in the Legislature in the event of a called session thereof. Be it ordained by the people of Mississippi in Convention assem- bled — Section 1. That in case the governor shall convene the legislature in extraordinary session before the next general election to be held under this constitution, the board of su- pervisors of Pearl River county shall order an election therein for a member of the house of representatives, to be held not less than ten days before the assembling of the leg- islature, and under the rules and regulations now prescribed by law for holding such elections; and said county shal^ be entitled to one representative in the lower house of the Leg- islature in such extraordinary session, if called. Adopted by the Convention November 1, 1890. S S CALHOON, President. Attest : R E Wilson, Secretary. AN ORDINANCE Assigning the county of Pearl River to the Sixth Congressional District. Be it ordained by the people of Mississippi in Convention assem- bled — Section 1. That the county of Pearl River as created by the act approved February 22, 1890, be and the same is hereby attached to, and shall become apart of the sixth con- gressional district of this State until otherwise provided by law ; and that the qualified electors of said county be, and they are hereby authorized and empowered to vote at the next ensuing election, for member of congress from the said sixth district, at the same time and in the same manner, as other qualified electors in the other counties, how attached to, and composing the said sixth district. Adopted Dy the Convention August 21. 1890. S S CALHOON, President. Attest : R E Wilson, Secretary. AN ORDINANCE To legalize the assessment in Pearl River county, during the year 1890, and to authorize a new assessment of lands therein during the year 1891. Be it ordained by the people of Mississippi in Convention assem- bled — Section 1. That the board of supervisors of Pearl River county shall hold a meeting at the court-house of said county on the first Monday in January, 1891, for the purpose of hearing complaints against the assessment of real estate of said county ; and all persons having cause of complaint against said assessment, are required to present the same on or before said day, after being considered as above provided, and all complaints passed on, and said assessment being then approved shall be binding and conclusive. Section 2. That the board of supervisors of Pearl River county is authorized, in its discretion, to have made an assesment of the lands of said county during the year 1891 in the same manner in all respects as is provided by law for a general assessment of lands; which assessment when so made, and approved by the board of supervisors, shall have the same force and effect as though made at the time fixed by law for the assessment of lands. Adopted by the Convention November 1, 1890. S S CALHOON, President. Attest: R E Wilson, Secretary. EXEMPTION ORDINANCE. Be it ordained by the people of Mississippi in Convention assem- bled: Section 1. That all permanent factories hereafter estab- lished in this State while this section is in force, for working cotton, wool, silk, furs or metals, and all others manufactur- ing implements or articles of use in a finished state, shall be exempt from taxation for a period often years. Any factory which has been abandoned for not less than three years, and commencing operations within two years from the date of the adoption of this constitution, shall be entitled to such exemption. This section may be repealed or amended by the legislature after five years, and if not so repealed, shall remain in force until January 1st, 1900, and no longer. Adopted by the Convention November 1, 1890. S S CALHOON, President, Attest: R E Wilson, Secretary.




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