HOMESTEAD.

Be it ordained by the people of Georgia in Convention assembled, and it is hereby ordained by authority of the same:

1. That the article adopted by the Convention on the subject of homestead and exemption shall not form a part of this Constitution except as hereinafter provided.

2. At the election held for the ratification or rejection of this Constitution, it shall be lawful for each voter to have written or printed on his ballot the words "Homestead of 1877," or the words "Homestead of 1868."

3. In the event that a majority of the ballots so cast have indorsed upon them the words "Homestead of 1877." then said article, so adopted by this Convention, shall form a part of the Constitution, submitted, if the same is ratified; but in event that said Constitution, so submitted, shall not be ratified. then the article on homestead and exemptions, so adopted as aforesaid by this Convention, shall supersede Article Seven of the Constitution of 1868 on the subject of homestead and exemptions, and form a part of this Constitution.

4. If a majority of the ballots so cast as aforesaid shall have indorsed pon them the words "Homestead of 1868", then Article Seventh of the Constitution of 1868 shall supersede the article on homestead and exemptions adopted by this Convention, and shall be incorporated in and form (a part) of the Constitution so submitted and ratified.

JUDICIAL CIRCUITS.

There shall be sixteen judicial circuits in this State, and it shall be the duty of the General Assembly to organize and proportion the same in such manner as to equalize the business and labor of the judges in said several ircuits, as far as may be practicable. But the General Assembly shall have lower hereafter to reorganize, increase, or diminish the number of circuits: Provided, however, that the circuits shall remain as now organized until changed by law.

SIGNING AND RATIFICATION.

Be it ordained by the people of Georgia in Convention assembled:

1. That the Constitution as adopted and revised be enrolled and signed by the officers and members of this Convention.

2. That the Governor shall issue his proclamation, ordering an election for members of the General Assembly, and a vote upon the ratification or rejection of this Constitution, as therein provided, and a vote upon the capital and homestead questions, as provided by the ordinances of this Convention. Read and adopted in Convention, August 25th, 1877.

JAMES COOPER NISBET, Secretary,

C. J. JENKINS, President Constitutional Convention.

VOID BONDS NOT TO BE PAID.

Neither the General Assembly nor any other authority or officer of this State shall ever have power to pay or recognize as legal, or in any sense valid or binding upon the State, any direct bonds, or currency bonds, gold bonds, or the State's alleged guaranty or indorsement of any railroad bonds, or any other bonds, guaranties, or indorsements heretofore declared to be illegal, fraudulent, or void by act or resolution of the legislature of this State, or that may be declared illegal, fraudulent, or void by act or resolution of the legislature originating this amendment, viz: The State gold bonds issued under the Act of October 17th, 1870, in aid of the Brunswick and Albany Railroad Company: the currency bonds issued under the Act of August 27th, 1870; the quarterly gold bonds issued under the Act of September 15th, 1870, which are enumerated in the Act of August 23d, 1872; the indorsement of the State upon the bonds of the Brunswick and Albany Railroad Company, made under the Act of March 18th, 1869; the indorsement of the State upon the bonds of

the Cartersville and Van Wert Railroad Company, and of the Cherokee Railroad Company; the indorsement of the State upon the bonds of the Bainbridge. Cuthbert, and Columbus Railroad Company; and all other bonds, guaranties, or indorsements declared illegal, fraudulent, or void as herein provided. Nor shall any General Assembly ever have power to provide for the reindorsement of such railroad bonds, or to place the State's guaranty upon the same; or to provide for the indorsement or guaranty by the State of any new bonds issued in lieu of, or to pay off or retire, such railroad bonds, by any railroad company; or to issue bonds of the State to such railroad companies, or other persons in payment, or in lieu of such indorsed bonds, or other bonds herein declared illegal; or to lend the aid or credit of the State, by any act, resolution, or law to such railroad companies, or to other incorporated companies or persons acquiring or succeeding to the rights and franchises of said companies; or to buy the railroads of such companies; or to submit the question of the liability of the State upon any of the bonds or indorsements upon bonds, or other guaranty herein declared illegal, fraudulent, and void, or upon any claim for money advanced upon said bonds, indorsements, or guaranties. or expended by said companies or other person in and about the construction of said railroads, to the decision of any court, tribunal, or person whatever; or to pay, assume, or secure, directly or indirectly, by any act, resolution, or law, any money advanced or claimed to have been advanced on the bonds. indorsements, or guaranties herein declared invalid.

CONSTITUTION OF IDAHO-1890.*

PREAMBLE.

We, the people of the state of Idaho, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this constitution.

ARTICLE I.

DECLARATION OF RIGHTS.

SECTION 1. All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.

SEC. 2. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked or repealed, by the legislature.

SEC. 3. The state of Idaho is an inseparable part of the American Union. and the Constitution of the United States is the supreme law of the land.

SEC. 4. The exercise and enjoyment of religious faith and worship shall forever be guaranteed; and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the herty of conscience hereby secured shall not be construed to dispense with ths or affirmations, or excuse acts of licentiousness or justify polygamous or other pernicious practices, inconsistent with morality or the peace or safety of the state; nor to permit any person, organization or association to directly or indirectly aid or abet, counsel or advise any person to commit the crime of bigamy or polygamy, or any other crime. No person shall be required to attend or support any ministry or place of worship. religious sect or denomination or pay tithes, against his consent; nor shall any preference he given by law to any religious denomination or mode of worship. Bigamy and polygamy are forever prohibited in the state, and the legislature shall provide by law for the punishment of such crimes.

SEC. 5. The privilege of the writ of habeas corpus shall not be suspended. unless in case of rebellion or invasion, the public safety requires it, and then only in such manner as shall be prescribed by law.

SEC. 6. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great. Exces sive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

SEC. 7. The right of trial by jury shall remain inviolate; but in civil actions, three-fourths of the jury may render a verdict, and the legislature may provide that in all cases of misdemeanors five-sixths of the jury may render a verdict. A trial by jury may be waived in all criminal cases not amounting to felony, by the consent of both parties, expressed in open court; and in civil actions by the consent of the parties, signified in such manner as may be prescribed by law. In civil actions and cases of misdemeanor the jury may consist of twelve or of any number less than twelve, upon which the parties may agree in open court.

The constitution of Idaho was framed by a convention which met at Boise City on July 4 and adjourned on August 6, 1889. The constitution was submitted to the voters for ratification on November 5, 1889, and was adopted by a vote of 12,398 to 1,733. The constitution was submitted as a whole and no proposition was submitted separately. The proclamation of the President admitting Idaho to the Union was issued on July 3, 1890, and by its own provision the constitution became effective the same day.

SEC. S. No person shall be held to answer for any felony or criminal offense of any grade, unless on presentment or indictment of a grand jury; or on information of the public prosecutor, after a commitment by a magistrate, except in cases of impeachment, in cases cognizable by probate courts or by justices of the peace, and in cases arising in the militia when in actual service in time of war or public danger: Provided, That a grand jury may be summoned upon the order of the district court in the manner provided by law, and Provided further, that after a charge has been ignored by a grand jury, no person shall be held to answer, or for trial therefor, upon information of the public prosecutor.

SEC. 9. Every person may freely speak, write and publish, on all subjects, being responsible for the abuse of that liberty.

SEC. 10. The people shall have the right to assemble in a peaceable manner, to consult for their common good; to instruct their representatives, and to petition the Legislature for the redress of grievances.

SEC. 11. The people have the right to bear arms for their security and defense; but the legislature shall regulate the exercise of this right by law.

SEC. 12. The military shall be subordinate to the civil power, and no soldier in time of peace shall be quartered in any house without the consent of its owner, nor in time of war, except in the manner prescribed by law.

SEC. 13. In all criminal prosecutions, the party accused shall have the right to a speedy and public trial; to have the process of the court to combel the attendance of witnesses in his behalf, and to appear and defend in person and with counsel.

No person shall be twice put in jeopardy for the same offense; nor be compelled in any criminal case to be a witness against himself; nor be deprived of life. liberty or property without due process of law.

SEC. 14. The necessary use of lands for the construction of reservoir, or storage basins, for the purpose of irrigation, or for rights-of-way for the construction of canals, ditches, flumes or pipes, to convey water to the place of use for any useful, beneficial or necessary purpose, or for drainage; or for the drainage of mines, or the working thereof, by means of roads, railroads, tramways, cuts, tunnels, shafts, hoisting works, dumps or other necessary means to their complete development, or any other use necessary to the complete development of the material resources of the state, or the preservation of the health of its inhabitants, is hereby declared to be a public use, and subject to the regulation and control of the state.

Private property may be taken for public use, but not until a just com pensation, to be ascertained in the manner prescribed by law, shall be paid therefor.

SEC. 15. There shall be no imprisonment for debt in this state, except in cases of fraud.

$53. 16. No bili of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed.

SEC. 17. The right of the people to be secure in their persons, houses. papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue without probable cause shown, by affidavit, particularly describing the place to be searched and the person or thing to be seized.

SEC. 18. Courts of justice shall be open to every person and a speedy remedy afforded for every injury of person, property or character, and right and justice shall be administered without sale, denial, delay or prejudice.

SFC. 19. No power, civil or military, shall at any time interfere with or prevent the free and lawful exercise of the right of suffrage.

SEC. 20, No property qualification shall ever be required for any person to vote or hold office, except in school elections or elections creating indebtedness.

SEC. 21. This enumeration of rights shall not be construed to impair or deny other rights retained by the people.

- ARTICLE II.

DISTRIBUTION OF POWERS.

SECTION 1. The powers of the government of this state are divided into three distinct departments; the legislative, executive, and judicial, and no person, or collection of persons, charged with the exercise of powers properly belonging to one of these departments shall exercise any powers properly belonging to either of the others, except as in this constitution expressly directed or permitted.

ARTICLE III.

LEGISLATIVE DEPARTMENT.

SECTION 1. The legislative power of the state shall be vested in a senate and house of representatives. The enacting clause of every bill shall be as follows: "Be it enacted by the Legislature of the State of Idaho."

The people reserve to themselves the power to approve or reject at the polls any act or measure passed by the Legislature. The power is known as the Referendum, and legal voters may, under such conditions and in such manner as may be provided by Acts of the Legislature, demand a referendum vote on any act or measure passed by the Legislature and cause the same to be submitted to a vote of the people for their approval or rejection.

The people reserve to themselves the power to propose laws and enact the same at the polls independent of the Legislature. The power is known as the Initiative, and legal voters may under such conditions and in such manner as may be provided by Acts of the Legislature, initiate any desired egislation and cause the same to be submitted to the vote of the people at a general election for their approval or rejection provided that legislation thus submitted shall require the approval of a number of voters equal to a majority of the aggregate vote cast for the office of Governor at such general election to be adopted.1

SEC. 2. The senate shall consist of one member from each county of the state now created or hereafter to be created and the house of representatives shall consist of not to exceed three times the number of senators. The senators shall be chosen by the electors of the respective counties and the representatives shall be chosen by the electors of the respective counties or districts into which the state may from time to time be divided by law.2

SEC. 3. The senators and representatives shall be elected for the term of two years, from and after the first day of December next following the general election.

SEC. 4. The members of the first legislature shall be apportioned to the several legislative districts of the state in proportion to the number of votes polled at the last general election for delegate to congress, and thereafter to be apportioned as may be provided by law; Provided, Each county shal Ibe entitled to one representative.

SEC. 5. A senatorial or representative district, when more than one county shall constitute the same, shall be composed of contiguous counties, and no County shall be divided in creating such districts.

SEC. 6. No person shall be a senator or representative who, at the time of his election, is not a citizen of the United States, and an elector of this state, nor anyone who has not been for one year next preceding his election an elector of the county or district whence he may be chosen.

SEC. 7. Senators and representatives in all cases, except for treason, felony, or breach of the peace, shall be privileged from arrest during the session of the legislature, and in going to and returning from the same, and shall not be liable to any civil process during the session of the legislature, nor during the ten days next before the commencement thereof; nor shall a

1Amendment proposed by the legislature of 1911; ratified on November 5, 1912; effective November 25, 1912.

"Amendment proposed by the legislature of 1911; ratified on November 5, 1912; effective November 25, 1912.