and return thereof shall be made into the Secretary of State's office in the same manner as selectmen of towns are required to do.

SEC. 6. Whenever the seat of a member shall be vacated by death, resignation, or otherwise, the vacancy may be filled by a new election.

SEC. 7. The House of Representatives shall choose their speaker, clerk and other officers.

SEC. 8. The House of Representatives shall have the sole power of impeachment.

ARTICLE IV.-PART SECOND

SENATE

SEC. 1. The Senate shall consist of not less than twenty nor more than thirtyone members, elected at the same time, and for the same term, as the Representatives, by the qualified electors of the district into which the State shall from time to time be divided.

SEC. 2. The Legislature, which shall be first convened under this Constitution, shall, on or before the fifteenth day of August in the year of our Lord, one thousand eight hundred and twenty-one, and the Legislature at every subsequent period of ten years, cause the State to be divided into districts for the choice of senators. The districts shall conform, as near as may be, to county lines, and be apportioned according to the number of inhabitants. The number of senators shall not exceed twenty at the first apportionment, and shall at each apportionment be increased, until they shall amount to thirty-one, according to the increase in the House of Representatives.

SEC. 3. The meetings within this State for the election of senators shall be notified, held and regulated, and the votes received, sorted, counted, declared and recorded, in the same manner as those for representatives. And fair copies of the list of votes shall be attested by the selectmen and town clerks of towns, and the assessors and ***

CONSTITUTION: MARYLAND-1851

official term of the governor from whom he receives his appointment, and shall receive an annual salary of one thousand dollars.

SEC. 23. He shall carefully keep and preserve a record of all official acts and proceedings (which may, at all times, be inspected by a committee of either branch of the legislature,) and shall perform such other duties as may be prescribed by law, or as may properly belong to his office.

ARTICLE III

LEGISLATIVE DEPARTMENT

SECTION 1. The legislature shall consist of two distinct branches, a senate and a house of delegates, which shall be styled "The general assembly of Maryland."

SEC. 2. Every county of the State, and the city of Baltimore, shall be entitled to elect one senator, who shall be elected by the qualified voters of the counties and city of Baltimore, respectively, and who shall serve for four years from the day of their election.

SEC. 3. The legislature at its first session after the returns of the national census of eighteen hundred and sixty are published, and in like manner after each subsequent census, shall apportion the members of the house of delegates among the several counties of the State, according to the population of each, and shall always allow to the city of Baltimore four more delegates than are allowed to the most populous county, but no county shall be entitled to less than two members, nor shall the whole number of delegates ever exceed eighty, or be less than sixty-five; and, until the apportionment is made under the census of eighteen hundred and sixty, Saint Mary's County shall be entitled to two delegates: Kent, two; Anne Arundel, three; Calvert, two: Charles, two: Baltimore County, six; Talbot, two; Somerset, four; Dorchester, three: Cecil, three: Prince George's, three; Queen Anne's, two: Worcester, three: Frederick. six; Harford, three; Caroline, two; Baltimore City, ten; Washington, five; Montgomery, two; Alleghany, four; Carroll, three, and Howard, two.

SEC. 4. The members of the house of delegates shall be elected by the qualified voters of the counties and city of Baltimore respecttively, to serve for two years from the day of their election.

SEC. 5. The first election for delegates shall take place on the first Wednesday of November, eighteen hundred and fifty-one; and elections for delegates, and for one-half of the senators, as nearly as practicable, shall be held on the same day in every second year thereafter (but an election for senators shall be held in the year eighteen hundred and fifty-one in Howard County, and all those counties in which senators were elected in the year eighteen hundred and fortysix.

SEC. 5. Immediately after the senate shall have convened after the first election under this constitution, the senators shall be divided, by lot, into two classes, as nearly equal in number as may be; the senators of the first class shall go out of office at the expiration of two years, and senators shall be elected on the first Wednesday of November, eighteen hundred and fifty-three, for the term of four years, to supply their places; so that after the first election, one-half of the ***

CONSTITUTION: MASSACHUSETTS-1780

*** of the council, for the public service, in the necessary defense and support of the government of the said commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same.

And while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practised. in order that such assessments may be made with equality, there shall be a valuation of estates within the commonwealth, taken anew once in every ten years at least, and as much oftener as the general court shall order."

CHAPTER I

SECTION II.-SENATE

ARTICLE I. [There shall be annually elected, by the freeholders and other inhabitants of this commonwealth, qualified as in this constitution is provided, forty persons to be councillors and senators for the year ensuing their election; to be chosen by the inhabitants of the districts into which the commonwealth may, from time to time, be divided by the general court for that purpose: and the general court, in assigning the numbers to be elected by the representative districts, shall govern themselves by the proportion of the public taxes paid by the said districts; and timely make known to the inhabitants of the commonwealth the limits of each district, and the number of councillors and senators to be chosen therein; provided that the number of such districts shall never be less than thirteen; and that no district be so large as to entitle the same to choose more than six senators.

And the several counties in this commonwealth shall, until the general court shall determine it necessary to alter the said districts, be districts for the choice of councillors and senators, (except that the counties of Dukes County and Nantucket shall form one district f or that purpose) and shall elect the following number for councillors and senators, viz. :-Suffolk, six; Essex, six; Middlesex, five; Hampshire, four; Plymouth, three: Barnstable, one; Bristol, three: York, two Dukes County and Nantucket, one Worcester, five Cumberland, one; Lincoln, one; Berkshire, two.]

II. The senate shall be the first branch of the legislature; and the senators shall be chosen in the following manner, viz. there shall be a meeting on the [first Monday in April,] annually, forever, of the inhabitants of each town in the several counties of this commonwealth; to be called by the selectmen, and warned in due course of law, at least seven days before the [first Monday in April.] for the purpose of electing persons to be senators and councillors; [and at such meetings every male inhabitant of twenty-one years of age and

*

For the authority of the general court to charter cities, see amendments, Art. II. "Superseded by amendments, Art. XIII, which was also superseded by amendments, Art. XXII.

For provision as to councillors, see amendments, Art. XVI.

Time of election changed by amendments. Art X., and changed again by amendments. Art. XV. As to cities, see amendments, Art. II.

These provisions as to the qualifications of voters, superseded by amendments, Arts, III., XX., and XXVIII.

* * * indictment, trial, judgment, and punishment, according to the laws of

the land.

IX. [Not less than sixteen members of the senate shall constitute a quorum for doing business.]

CHAPTER I

SECTION III.-HOUSE OF REPRESENTATIVES

ARTICLE I. There shall be, in the legislature of this commonwealth, a representation of the people, anually elected, and founded upon the principle of equality.

II. [And in order to provide for a representation of the citizens of this commonwealth, founded upon the principle of equality, every corporate town containing one hundred and fifty ratable polls may elect one representative; every corporate town containing three hundred and seventy-five ratable polls may elect two representatives; every corporate town containing six hundred ratable polls may elect three representatives; and proceeding in that manner, making two hundred and twenty-five ratable polls the mean increasing number for every additional representative.

Provided, nevertheless, that each town now incorporated, not having one hundred and fifty ratable polls, may elect one representative; but no place shall hereafter be incorporated with the privilege of electing a representative, unless there are within the same one hundred and fifty ratable polls.]

And the house of representtaives shall have power from time to time to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this constitution.

The expenses of travelling to the general assembly, and returning home, once in every session, and no more, shall be paid by the government, out of the public treasury, to every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave.

III. Every member of the house of representatives shall be chosen by written votes; [and, for one year at least next preceding his election, shall have been an inhabitant of, and have been seised in his own right of a freehold of the value of one hundred pounds within the town he shall be chosen to represent, or any ratable estate to the value of two hundred pounds; and he shall cease to represent the said town immediately on his ceasing to be qualified as aforesaid.]

IV. [Every male person, being twenty-one years of age, and resident in any particular town in this commonwealth for the space of one year next preceding, having a freehold estate within the said town of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to vote in the choice of a representative or representatives for the said town.]

CONSTITUTION: MICHIGAN-1835

ARTICLE IV

LEGISLATIVE DEPARTMENT

SECTION ONE. The legislative power shall be vested in a senate and house of representatives.

SEC. Two. The number of the members of the house of representatives shall never be less than forty-eight, nor more than one hundred; and the senate shall, at all times, equal in number one-third of the house of representatives, as nearly as may be.

SEC. THREE. The legislature shall provide by law for an enumeration of the inhabitants of this State in the years eighteen hundred and thirty-seven and eighteen hundred and forty-five, and every ten years after the said last-mentioned time; and at their first session after each enumeration so made as aforesaid, and also after each enumeration made by the authority of the United States, the

See amendments, Arts. XXII, and XXXIII.

Superseded by amendments, Arts. XII, and XIII, which were also superseded by amendments, Art. XXI. New provision as to residence. See amendments, Art. XXI. Property qualifications abolished by amendments, Art XIII.

4 These provisions superseded by amendments, Arts. III, XX, and XXIII. See also amendments, Art. XXIII, which was annulled by Art. XXVI.

legislature shall apportion anew the representatives and senators among the several counties and districts, according to the number of white inhabitants. SEC. FOUR. The representatives shall be chosen annually on the first Monday of November, and on the following day, by the electors of the several counties or districts into which the State shall be divided for that purpose. Each organized county shall be entitled to at least one representative; but no county hereafter organized shall be entitled to a separate representative, until it shall have attained a population equal to the ratio of representation hereafter established.

SEC. FIVE. The senators shall be chosen for two years, at the same time and in the same manner as the representatives are required to be chosen. At the first session of the legislature under this constitution, they shall be divided by lot from their respective districts, as nearly as may be, into two equal classes; the seats of the senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year; so that one-half thereof as nearly as may be, shall be chosen annually thereafter.

SEC. SIX. The State shall be divided, at each new apportionment, into a number of not less than four, nor more than eight, senatorial districts, to be always composed of contiguous territory; so that each district shall elect an equal number of senators annually, as nearly as may be; and no county shall be divided in the formation of such districts.

SEC. SEVEN. Senators and representatives shall be citizens of the United States, and be qualified electors in the respective counties and districts which they represent; and a removal from their respective counties or districts shall be deemed a vacation of their seats.

SEC. EIGHT. No person holding any office under the United States, or of this State, officers of the militia, justices of the peace, associate judges of the circuit and county courts, and postmasters excepted, shall be eligible to either house of the legislature.

SEC. NINE. Senators and representatives shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest, nor shall they be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.

SEC. TEN. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and *

SEC. 11. In case of the failure of the president of this convention to perform the duties prescribed by this constitution, by reason of his absence, death, or from any other cause, said duties shall be performed by the secretaries of this convention.

SEC. 12. Until the first enumeration shall be made, as directed by this constitution, the county of Wayne shall be entitled to eight representatives: the county of Monroe to four representatives; the county of Washtenaw to seven representatives; the county of Saint Clair to one representative; the county of Saint Joseph to two representatives; the county of Berrien to one representative: the county of Calhoun to one representative; the county of Jackson to one representative; the county of Cass to two representatives; the county of Oakland to six representatives; the county of Macomb to three representatives: the county of Lenawee to four representatives; the county of Kalamazoo, and the unorganized counties of Allegan and Barry, to two representatives; the county of Branch to one representative; the county of Hillsdale to one representative; the county of Lapeer to one representative; the county of Saginaw, and the unorganized counties of Genesee and Shiawasse, to one representative; the county of Michilimackinac to one representative; the county of Chippewa to one representative; and the unorganized counties of Ottawa, Kent, Ionia, and Clinton to one representative.

And for the election of senators the State shall be divided into five districts, and the apportionment shall be as follows: The county of Wayne shall compose the first district, and elect three senators; the counties of Monroe and Lewanee shall compose the second district, and elect three senators; the counties of Hillsdale, Branch, Saint Joseph, Cass, Berrien, Kalamazoo, and Calhoun shall compose the third district, and elect three senators; the counties of Washtenaw and Jackson shall compose the fourth district, and elect three senators; and the counties of Oakland, Lapeer, Saginaw, Macomb, Saint Clair, Michilimackinac, and Chippewa shall compose the fifth district, and elect four senators.

Any county attached to any county for judicial purposes, if not otherwise represented, shall be considered as forming part of such county, so far as regards elections for the purpose of representation in the legislature.

JOHN BIDDLE, President.

CONSTITUTION: MINNESOTA-1857

accepted, ratified and confirmed, and shall remain irrevocable without the consent of the United States; and it is hereby ordained that this State shall never interfere with the primary disposal of the soil within the same, by the United States, or with any regulations Congress may find necessary for securing the title to said soil to bona fide purchasers thereof; and no tax shall be imposed on lands belonging to the United States and in no case shall non-resident proprietors be taxed higher than residents.

ARTICLE III

DISTRIBUTION OF THE POWERS OF GOVERNMENT

SECTION 1. The powers of government shall be divided into three distinct departments-legislative, executive, and judicial; and no person or persons belonging to or constituting one of these departments shall exercise any of the powers properly by belonging to either of the others, except in the instances expressly provided in this constitution."

ARTICLE IV

LEGISLATIVE DEPARTMENT

SECTION 1. The legislature shall consist of the Senate and House of Representatives, which shall meet biennially at the seat of government of the State, at such time as shall be prescribed by law, but no session shall exceed the term of ninety (90) legislative days; and no new bill shall be introduced in either branch, except on the written request of the governor, during the last twenty (20) days of such sessions, except the attention of the legislature shall be called to some important matter of general interest by a special message from the governor.c

SEC. 2. The number of members who compose the Senate and House of Representatives shall be prescribed by law, but the representatives in the Senate shall never exceed one member for every 5,000 inhabitants, and in the House of Representatives one member for every 2,000 inhabitants. The representation in both houses shall be apportioned equally throughout the different sections of the State, in proportion to the population thereof, exclusive of Indians not taxable under the provisions of law.

SEC. 3. Each house shall be the judge of the election returns and eligibility of its own members; & a majority of each shall constitute ***

*

** lature shall prescribe by law the manner in which evidence in cases of contested seats in either house shall be taken.

SEC. 18. Each house may punish by imprisonment, during its session, any person, not a member, who shall be guilty of any disorderly or contemptuous behavior in their presence, but no such imprisonment shall at any time exceed twenty-four hours.

SEC. 19. Each house shall be open to the public during the sessions thereof, except in such cases as in their opinion may require secrecy.

• Courts cannot control or interfere with an executive officer of the state in his official acts, even though they are such that the duty to perform them might have been entrusted to some other officer. 28 Minn. 50.

Feb. 5, 1889, the judiciary committee of the House of Representatives unanimously reported, "that it was clearly the purpose of the legislature which proposed this amendment of the Constitution to the people; and plainly the intention of the people themselves, when voting for its adoption, to limit the sessions of the legislature to ninety days, excluding only Sundays and legal holidays." Also that twenty days' limitation of introduction of bills before adjournment only applied to the period of ninety days, and proportionately for a shorter session.

Amendment adopted Nov. 6, 1888.

The election of a state senator or representative to congress does not necessarily create a vacancy. Senate Journal, 1889, page 962. See opinion of Att'y Gen. Clapp.