repugnant or contrary to this constitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws for the naming and settling, of all civil officers within this State; such officers excepted the ele tion and appointment of whom are hereafter in this form of government otherwise provided for; and to set forth the several duties, powers and limits of the several civil and military officers of this State, and the forms of such oaths or affirmations as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution; and also to impose fines, mulets, imprisonments, and other punishments; and to impose and levy proportional and reasonable assessments, rates, and taxes upon all the inhabitants of and residents within the said State. and upon all estates within the same; to be issued and disposed of by warrant under the hand of the governor of this State for the time being, with the advice and consent of the council, for the public service in the necessary defence and! support of the government of this State, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same. SEC. VI. And while the public charges of government, or any part thereof, shall be assessed on polls and estates in the manner that has heretofore been practiced, in order that such assessments may be made with equality, there shall be a valuation of the estates within the State, taken anew once in every five years at least, and as much oftener as the general court shall order. SEC. VII. No member of the general court shall take fees, be of counsel, or act as advocate in any cause before either branch of the legislature; and upon due proof thereof such member shall forfeit his seat in the legislature. SEC. VIII. The doors of the galleries of each house of the legislature shall be kept open to all persons who behave decently, except when the welfare of the State, in the opinion of either branch, shall require secrecy. HOUSE OF REPRESENTATIVES SEC. IX. There shall be in the legislature of this State a representation of the people annually elected, and founded upon principles of equality; and in order that such representation may be equal as circumstances will admit, every town parish, or place entitled to town privileges, having one hundred and fifty ratable male polls, of twenty-one years of age and upward, may elect one representative: if four hundred and fifty ratable polls, may elect two representatives; and so proceeding in that proportion, making three hundred such ratable polis the mean increasing number of every additional representative. SEC. X. Such towns, parishes, or places as have less than one hundred and fifty ratable polls shall be classed by the general court, for the purpose of choosing a representative, and seasonably notified thereof. And in every class formed for the above-mentioned purpose, the first annual meeting shall be beld in the town, parish, or place wherein most of the ratable polls reside: and afterward in that which has the next highest number, and so on annually by rotation, through the several towns, parishes, or places forming the district. SEC. XI. Whenever any town, parish, or place entitled to town privileges as aforesaid, shall not have one hundred and fifty ratable polls, and be so situated as to render the classing thereof with any other town, parish, or place TATT inconvenient, the general court may, upon application of a majority of the voters in such town, parish, or place, issue a writ for their electing and sending a rep resentative to the general court. SEC. XII. The members of the house of representatives shall be chosen annually, in the month of March, and shall be the second branch of the legislature. SEC. XIII. All persons qualified to vote in the election of senators shall be entitled to vote within the district where they dwell, in the choice of representatives. SEC. XIV. Every member of the house of representatives shall be chosen le ballot, and for two years at least next preceding his election shall have been st. inhabitant of this State, [shall have an estate within the district which he that be chosen to represent, of the value of one hundred pounds, one-half of which to be a freehold, whereof he is seized in his own right;] shall be at the time of las See amendments, page 2490. election an inhabitant of the town, parish, or place he may be chosen to represent; shall be of the Protestant religion, and shall cease to represent such town, parish, or place immediately on his ceasing to be qualified as aforesaid. SEC. XV. The members of both houses of the legislature shall be compensated for their services out of the treasury of the State, by a law made for that purpose; such members attending seasonably, and not departing without license. SEC. XVI. All intermediate vacancies in the house of representatives may be filled up, from time to time, in the same manner as annual elections are made. SEC. XVII. The house of representatives shall be the grand inquest of the State, and all impeachments made by them shall be heard and tried by the senate. SEC. XVIII. All money bills shall originate in the house of representatives, but the senate may propose or concur with amendments, as on other bills. SEC. XIX. The house of representatives shall have power to adjourn themselves, but not longer than two days at a time. SEC. XX. A majority of the members of the house of representatives shall be a quorum for doing business; but when less than two-thirds of the representatives elected shall be present, the assent of two-thirds of those members shall be necessary to render their acts and proceedings valid. SEC. XXI. No member of the house of representatives or senate shall be arrested or held to bail on mean process during his going to, returning from, or attendance upon, the court. SEC. XXII. The house of representatives shall choose their own speaker, appoint their own officers, and settle the rules of proceedings in their own house; and shall be judge of the returns, elections, and qualifications of its members, as pointed out in this ocnstitution. They shall have authority to punish by imprisonment every person who shall be guilty of disrespect to the house in its presence by any disorderly and contemptuous behavior, or by threatening or ill-treating any of its members; or by obstructing its deliberations; every person guilty of a breach of its privileges in making arrest for debt, or by assaulting any member during his attendance at any session; in assaulting or disturbing any one of its officers in the execution of any order or procedure of the house; in assaulting any witness or other person, ordered to attend, by and during his attendance of the house, or in rescuing any person arrested by order of the house, knowing them to be such. SEC. XXIII. The senate, governor, and council shall have the same powers in like cases; provided that no imprisonment by either, for any offence, exceed ten days. SEC. XXIV. The journals of the proceedings, and all public acts of both houses of the legislature, shall be printed and published immediately after every adjournment or prorogation; and upon motion made by any one member, the yeas and nays upon any question shall be entered upon the journal; and any member of the senate or house of representatives shall have a right, on motion made at the same time for that purpose, to have his protest or dissent, with the reasons, against any vote, resolve, or bill passed, entered on the journal. SENATE SEC. XXV. The senate shall consist of twelve members, who shall hold their office for one year from the first Wednesday of June next ensuing their election. SEC. XXVI. And that the State may be equally represented in the senate, the legislature shall, from time to time, divide the State into twelve districts, as nearly equal as may be, without dividing towns and unincorporated places; and in making this division they shall govern themselves by the proportion of direct taxes paid by the said district; and timely make known to the inhabitants of the State the limits of each district. SEC. XXVII. The freeholders and other inhabitants of each district, qualified as in this constitution is provided, shall annually give in their votes for a senator, at some meeting holden in the month of March. CONSTITUTION: NEW JERSEY-1844 November; and the two houses shall meet separately on the second Tuesday in January next after the said day of election, at which time of meeting the legislative year shall commence; but the time of holding such election may be altered by the legislature. SECTION II 1. The senate shall be composed of one senator from each county in the State, elected by the legal voters of the counties, respectively, for three years. 2. As soon as the senate shall meet after the first election to be held in par stance of this constitution, they shall be divided as equally as may be into tree classes. The seats of the senators of the first class shall be vacated at the expiration of the first year; of the second class at the expiration of the second year; and of the third class at the expiration of the third year, so that one class may be elected every year; and if vacancies happen, by resignation or otherwise, the persons elected to supply such vacancies shall be elected for the unexpired terms only. SECTION III 1. The general assembly shall be composed of members annually elected by the legal voters of the counties, respectively, who shall be apportioned among the said counties as nearly as may be according to the number of their inhabitants The present apportionment shall continue until the next census of the United States shall have been taken, and an apportionment of members of the general assembly shall be made by the legislature at its first session after the next and every subsequent enumeration or census, and when made shall remain unaltered until another enumeration shall have been taken; provided, that each couL'y shall at all times be entitled to one member; and the whole number of members shall never exceed sixty. SECTION IV 1. Each house shall direct writs of election for supplying vacancies, ocrgsioned by death. resignation, or otherwise; but if vacancies occur during the recess of the legislature, the writs may be issued by the governor, under such regulations as may be prescribed by law. 2. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business: but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. 3. Each house shall choose its own officers, determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, may expel a member. 4. Each house shall keep a journal of its proceedings, and from time to time publish the same; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. 5. Neither house, during the session of the legislature, 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. NEW MEXICO: CONSTITUTION ture shall have all powers necessary to the legislature of a free state. Sec. 3. The senate shall consist of twenty-four, and the house of representatives of forty-nine members, who shall be qualified electors of their respective districts and residents of New Mexico for at least three years next preceding their election. Senators shall not be less than twenty-five years, and representatives not less than twenty-one years of age at the time of their election. No person shall be eligible to the legislature who, at the time of qualifying holds any office of trust or profit under the state, county or national government, except notaries public and officers of the militia who receive no salary. Sec. 4. Members of the legislature shall be elected as follows: Senators for the term of four years, and members of the house of representatives for the term of two years. They shall be elected on the day provided by law for holding the general election of state officers or representatives in congress. Vacancies in either house shall be filled by an election at a time to be designated by the governor. Sec. 5. The first session of the legislature shall begin at twelve o'clock, noon, on the day specified in the proclamation of the governor. Subsequent sessions shall begin at twelve o'clock, noon, on the second Tuesday of January next after each general election. No regular session shall exceed sixty days, except the first, which may be ninety days, and no special session shall exceed thirty days. Sec. 6. Special sessions of the legislature may be called by the governor, but no business shall be transacted except such as relates to the objects specified in his proclamation. Sec. 7. Each house shall be the judge of the election and qualifications of its own members. A majority of either house shall constitute a quorum to do business, but a less number may effect a temporary organization, adjourn from day to day, and compel the attendance of absent members. Sec. 8. The senate shall be called to order in the hall of the senate by the lieutenant-governor. The senator shall elect a president pro tempore who shall preside in the absence of the lieutenant-governor and shall serve until the next session of the legislature. The house of representatives shall be called to order in the hall of said house by the secretary of state. He shall preside until the election of a speaker, who shall be the member receiving the highest number of votes for that office. Sec. 9. The legislature shall choose its own officers and employes and fix their compensation, but the number and compensation shall never exceed the following: For each house, one chaplain at three dollars per day; one chief clerk and one sergeant-at-arms, each at six dollars per day; one assistant chief clerk and one assistant sergeant-at-arms, each at five dollars per day; two enrolling clerks and two reading clerks, each at five dollars per day; six stenographers for the senate and eight for the house, each at six dollars per day; and such subordinate employes in addition to the above as they may require, but the aggregate compensation of such additional employes shall not exceed twenty dollars per day for the senate and thirty dollars per day for the house. *** liable to prosecution, trial, judgment, punishment or civil action, according to law. No officer shall exercise any powers or duties of his office after notice of his impeachment is served upon him until he is acquitted. Sec. 37. It shall not be lawful for a member of the legislature to use a pass, or to purchase or receive transportation over any railroad upon terms not open to the general public; and the violation of this section shall work a forfeiture of the office. Sec. 38. The legislature shall enact laws to prevent trusts, monopolies and combinations in restraint of trade. Sec. 39. Any member of the legislature who shall vote or use his influence for or against any matter pending in either house in consideration of any money, thing of value, or promise thereof, shall be deemed guilty of bribery; and any member of the legislature or other person who shall directly or indirectly offer, give or promise any money, thing of value, privilege or personnel advantage, to any member of the legislature to influence him to vote or work for or against any matter pending in either house; or any member of the legislature who shall solicit from any person or corporation any money, thing of value or personal advantage for his vote or influence as such member shall be deemed guilty of solicitation of bribery. Sec. 40. Any person convicted of any of the offenses mentioned in sections thirty-seven and thirty-nine hereof, shall be deemed guilty of a felony and upon conviction shall be punished by fine of not more than one thousand dollars or by imprisonment in the penitentiary for not less than one nor more than five years. Sec. 41. Any person may be compelled to testify in any lawful investigation or judicial proceeding against another charged with bribery or solicitation of bribery as defined herein, and shall not be permitted to withhold his testimony on the ground that it might incriminate or subject him to public infamy; but such testimony shall not be used against him in any judicial proceeding against him except for perjury in giving such testimony. APPORTION MENT Until changed by law as hereinafter provided, the legislative districts of the state shall be constituted as follows: SENATORIAL DISTRICTS First. Second. The county of San Miguel, one senator. The counties of San Miguel and Mora, one senator to be a resident of Mora County and to be elected by the electors of Mora and San Miguel counties. Third. The counties of Guadalupe and San Miguel, one senator. Fourth. The county of Rio Arriba, one senator. Fifth. The counties of Bernalillo, San Juan and Sandoval, one senator. Seventh. The county of Bernalillo, one senator. Eighth. The county of Colfax, one senator. Ninth. The counties of Union and Colfax, one senator, to be a resident of Union County, and to be elected by the qualified electors of Union and Coifax counties. Tenth. The county of Santa Fe, one senator. Twelfth. The county of Valencia, one senator Thirteenth. The counties of Sierra, Grant, Luna, and Socorro, one senator. Fourteenth. The county of Socorro, one senator. Fifteenth. The counties of Torrance, Otero, Lincoln, and Socorro, one senator. Sixteenth. The county of Dona Ana, one senator. Seventeenth. The county of McKinley, one senator. Eighteenth. The counties of Otero and Lincoln, one senator. Nineteenth. The county of Chaves, one senator. Twentieth. The county of Eddy, one senator. Twenty-first. The county of Roosevelt, one senator. Twenty-second. The county of Quay, one senator. Twenty-third. The county of Curry, one senator. REPRESENTATIVE DISTRICTS First. The county of Valencia, two members. Twenty-fifth. The county of Quay, two members. Twenty-sixth. The county of Curry, one member. Twenty-seventh. The counties of Rio Arriba and Sandoval, one member. Twenty-eighth. The counties of Torrance, Santa Fe, and Guadalupe, one mem ber. Twenty-ninth. The counties of San Miguel and Guadalupe, one member. Thirtieth. The counties of Lincoln, Otero and Socorro, one member. Upon the creation of any new county it shall be annexed to some contiguous district for legislative purposes. At its first session after the publication of the census of the United States in the year nineteen hundred and twenty and at the first session after each United States census thereafter, the legislature may reapportion the legislative districts of the state upon the basis of population; provided, that each county included in each district shall be contiguous to some other county therein. |