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Statement of roceipts and expen
Rights of women
Tomporary seat of government.
SEC. 4. All public printing shall be let, on contract, to the lowest responsible bidder, by such executive officers, and in such manner, as shall be prescribed by law.
Sec. 5. An accurate and detailed statement of the receipts di liness public and expenditures of the public moneys, and the several amounts
paid, to whom, and on what account, shall be published, as pre-
Sec. 6. The Legislature shall provide for the protection of the
Sec. 7. The Legislature may reduce the salaries of officers, who shall neglect the performance of any legal duty.
Sec. 8. The temporary seat of government is hereby located at the city of Topeka, county of Shawnee. The first Legislature under this Constitution shall provide by law for submitting the question of the permanent location of the Capital to a popular vote, and a majority of all the votes cast at some general election shall be necessary for such location.
SEC. 9. A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon ; Provided, The provisions of this Bection shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife.
it is declared by this Constitution that all suits, rights, actions,
SEC. 2. All fines, penalties and forfeitures, owing to the Ter-
Change from a
Judgos to until
officer thereof, in his official capacity, shall pass over to the Governor, or other officers of the State or county, and their successors in office, for the use of the State or county, or by him or them to be respectively assigned over to the use of those concerned, as the case may be.
Sec. 3. The Governor, Secretary and Judges, and all other Governor, Sooroofficers, both civil and military, under the Territorial government, tuperseded. shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this Constitution.
Sec. 4. All laws and parts of laws in force in the Territory, la moto continue at the time of the acceptance of this Constitution by Congress, not inconsistent with this Constitution, shall continue and remain in full force until they expire, or shall be repealed.
Sec. 5. The Governor shall use his private seal until a State Governor's soal. seal is provided. Sec. 6. The Governor, Secretary of State, Auditor of State, ofices koptat pent
government. Treasurer of State, Attorney General and Superintendent of Public Instruction, shall keep their respective offices at the seat of government. Sec. 7. All records, documents, books, papers, moneys and Counter records med
documents, bow vouchers belonging and pertaining to the several Territorial disposed of. Courts, and offices, and to the several districts and county offices at the date of the admission of this state into the Union, shall be disposed of in such manner as may be prescribed by law.
Seo. 8. All suits, pleas, plaints, and other proceedings pend- suite end others ing in any court of record, or Justice's court, may be prosecuted judgment. to final judgment and execution; and all appeals, writs of error, certiorari, injunctions, or other proceedings whatever, may progress and be carried on as if this Constitution had not been adopted, and the Legislature shall direct the mode in which such suits, pleas, plaints, prosecutions and other proceedings, and all papers, records, books and documents connected therewith, may be removed to the courts established by this Constitution.
Sec. 9. For the purpose of taking the vote of the electors of Election for ratio this Territory for the ratification or rejection of this Constitu- tion. tion, an election shall be held in the several voting precincts in this Territory, on the first Tuesday in Octobet, A. D. 1859.
Sec. 10. Each elector shall express his assent or dissent by How to vote. voting a written or printed ballot labelled : “ For the Constitution,” or “ Against the Constitution.”
Sec. 11. If a majority of all the votes cast at such election
proceedings ecuted to final
for State, district and county otti cers.
Judges to take oath.
It a majority of shall be in favor of the Constitution, then there shall be an eleca elections to be tion held in the several voting precincts on the first Tuesday in
December, A. D. 1859, for the election of members of the first
for in this Constitution, and for a Representative in Congress. Persons qualified SEC. 12. All persons having the qualifications of electors,
according to the provisions of this Constitution, at the date of each of said elections, and who shall have been duly registered according to the provisions of the registry law of this Territory,
and none others, shall be entitled to vote at each of said elections. Judges of election
Sec. 13. The persons who may be Judges of the several voting precincts of this Territory, at the date of the respective elections in this schedule provided for, shall be the Judges of the respective elections herein provided for.
Sec. 14. The said Judges of election, before entering upon the duties of their office, shall take and subscribe an oath faithfully to discharge their duties as such. They shall appoint two
Clerks of election, who shall be sworn by one of said Judges Vacancy. faithfully to discharge their duties as such. In the event of a
vacancy in the Board of Judges the same shall be filled by the
electors present. Polls open, when.
Sec. 15. At each of the elections provided for in this schedule the polls shall be opened between the hours of nine and ten
o'clock, A. M., and closed at sunset. County tribunals SEC. 16. The tribunals transacting county business of the
several counties, shall cause to be furnished to the Boards of Judges, in their respective counties, two poll books for each election hereinbefore provided for, upon which the Clerks shall inscribe the name of every person who may vote at the said elections.
Seo. 17. After closing the polls at each of the elections provided for in this schedule, the Judges shall proceed to count the votes cast, and designate the persons or objects for which they were cast, and shall make two correct tally lists of the same.
SEC. 18. Each of the Boards of Judges shall safely keep one Boruto.county tri- poll book and tally list, and the ballots cast at each election ; and
shall, within ten days after such election, cause the other poll book and tally list to be transmitted, by the hands of a sworn officer, to the Clerk of the Board transacting county business in their respective counties, or to which the county may be attached for municipal purposes.
Sec. 19. The tribunals transacting county business shall assem
to furnish poll books.
Judges to county votes and make two lists.
Keep one list and transmit the othbunal
County tribunal to dan Vags Totes,
of vention at Topeka.
ble at the county seats of their respective counties on the second Tuesday after each of the elections provided for in this schedule, and shall canvass the votes cast at the elections held in the several precincts in their respective counties, and of the counties attached for municipal purposes. They shall hold in safe keeping the poll books and tally lists of said elections, and shall, within ten days thereafter, transmit, by the hands of a sworn officer, to the President of this Convention, at the city of Topeka, Transmith trana certified transcript of the same, showing the number of votes identical this concast for each person or object voted for at each of the several precincts in their respective counties, and in the counties attached for municipal purposes, separately.
SEO. 20. The Governor of the Territory, and the President Board of State and Secretary of this Convention, shall constitute a Board of their duties. State Canvassers, any two of whom shall be a quorum; and who shall, on the fourth Monday after each of the elections provided for in this schedule, assemble at said city of Topeka, and proceed to open and canvass the votes cast at the several precincts in the different counties of the Territory, and declare the result; and shall immediately issue certificates of election to all persons (if any) thus elected.
SEC. 21. Said Board of State Canvassers shall issue their canvassers to proclamation, not less than twenty days next preceding each of the elections provided for in this schedule. Said proclamations shall contain an announcement of the several elections ; the qualifications of electors; the manner of conducting said elections and of making the returns thereof, as in this Constitution provided, and shall publish said proclamation in one newspaper in each of the counties of the Territory in which a newspaper may be then published.
SEC. 22. The Board of State Canvassers shall provide for the state canvassers transmission of authenticated copies of the Constitution to the three this on tiedot President of the United States, the President of the Senate and catherine. S. Speaker of the House of Representatives.
Sec. 23. Upon official information having been by him received when State adi of the admission of Kansas into the Union as a State, it shall be chargement Pro the duty of the Governor elect under the Constitution, to proclaim the same and to convene the Legislature and do all things else necessary to the complete and active organization of the State government.
SEC. 24. The first Legislature shall have no power to make First Legislętaro any changes in county lines.
Initted in to
to make no change in county lines,
Electors may vote for or against the
Sec. 25. At the election to be held for the ratification or rejechomes toad provis- tion of this Constitution, each elector shall be permitted to vote
on the Homestead provision contained in the article on “ Miscellaneous,” by depositing a ballot inscribed “For the Homestead,” or “ Against the Homestead ;” and if a majority of all the votes cast at said election shall be against said provision, then it shall be stricken from the Constitution.
RESOLUTIONS. Resolved, That the Congress of the United States is hereby requested, upon the application of Kansas for admission into the Union, to pass an act granting to the State forty-five hundred thousand acres of land to aid in the construction of railroads and other internal improvements.
Resolved, That Congress be further requested to pass an act appropriating fifty thousand acres of land for the improvement of the Kansas river from its mouth to Fort Riley.
Resolved, That Congress be further requested to pass an act granting all swamp lands within the State for the benefit of Common Schools.
Resolved, That Congress be further requested to pass an act appropriating five hundred thousand dollars, or, in lieu thereof, five hundred thousand acres of land, for the payment of the claims awarded to citizens of Kansas by the Claim Commission. ers appointed by the Governor and Legislature of Kansas, under an act of the Territorial Legislature, passed 7th February, 1859.
Resolved, That the Legislature shall make provision for the sale or disposal of the lands granted to the State in aid of internal improvements and for other purposes, subject to the same rights of pre-emption to the settlers thereon as are now allowed by law to settlers on the public lands.
Resolved, That it is the desire of the people of Kansas to be admitted into the Union with this Constitution.
Resolved, That Congress be further requested to assume the debt of this Territory.
Done in Convention, at Wyandott, this 29th day of July,
JAMES M. WINCHELL, President
Delegate from Osage County.