Article XIII, § 6 Removal of district 19 be privileged from testifying in relation thereto, and he 20 shall not be liable to civil or criminal prosecution therefor if 21 he shall testify to the giving of the same. Source Const. 1894, Art. XIII, § 5. Lincoln's Constitutional History For comment upon this section and court decisions construing it, see References to constitutional conventions and commissions. 1890. II:717-718, 724. 1894. III:653-658; IV:793. Debates of constitutional conventions 1894. III:117–139 (III:1345-1356); IV:480-512 (V:2230-2248). Texts of proposed amendments 1 attorney for 2 failure to prosecute County ex pense in bribery prosecution charge against state 3 4 5 6 In the constitutional convention of 1894: see Proposed Constitutional § 6. Any district attorney who shall fail faithfully to prosecute a person charged with the violation in his county of any provision of this article which may come to his knowledge, shall be removed from office by the Governor, after due notice and an opportunity of being heard in his defense. The expenses which shall be incurred by any county, in investigating and prosecuting any charge of bribery or attempting to bribe any person holding office under the laws of this 9 State, within such county, or of receiving bribes by any such 10 person in said county, shall be a charge against the State, and 11 their payment by the State shall be provided for by law. 7 8 Source Amendments of 1874, Art. XV, § 4; continued without change in Lincoln's Constitutional History For court decisions construing this section, see IV :794. 1867. II:380, 406. Debates of constitutional conventions 1867. V:3820-3824. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional 2 This overture was adopted by the convention and accordingly became a part of the Constitution. Article XIV, § 1 1 ARTICLE XIV tional ments; legislature Section 1. Any amendment or amendments to this Consti- Constitu2 tution may be proposed in the Senate and Assembly; and if amend3 the same shall be agreed to by a majority of the members passage in 4 elected to each of the two houses, such proposed amendment 5 or amendments shall be entered on their journals, and the 6 yeas and nays taken thereon, and referred to the Legislature 7 to be chosen at the next general election of senators, and 8 shall be published for three months previous to the time of 9 making such choice; and if in the Legislature so next chosen, 10 as aforesaid, such proposed amendment or amendments shall 11 be agreed to by a majority of all the members elected to each 12 house, then it shall be the duty of the Legislature to submit Submission 13 each proposed amendment or amendments to the people for 14 approval in such manner and at such times as the Legislature 15 shall prescribe; and if the people shall approve and ratify 16 such amendment or amendments by a majority of the electors 17 voting thereon, such amendment or amendments shall be- Time of 18 come a part of the Constitution from and after the first day 19 of January next after such approval.1 Source Const. 1821, Art. VIII, § 1; amended, Const. 1846, Art. XIII, § 1; amended, Const. 1894, Art. XIV, § 1. Lincoln's Constitutional History For comment on this section and summary of action which has been taken under it, see IV :795-796. References to constitutional conventions and commissions. 1821. I:750-751. 1867. II:382. 1872. II:565. 1894. III:659. Debates of constitutional conventions 1821. 291-294 (Sept. 29). 1846. 1038 (Oct. 2). 1867. II:1351; IV: 2804-2814, 3018-3020. 1894. II:4-25 (II:625–636). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional In the legislature, 1895-1915: see Part II, post, pp. 255-258. 1 For the text of all amendments to the Constitution that have been proposed in the legislature from 1895 to 1914, inclusive, pursuant to this section, the legislative history of these proposals, and the action of the people on the amendments submitted to them, see Part II of this work. 2 This overture was amended in the committee of the whole and reprinted (see overture as it was on the order of third reading), but no new reprint to and ratification by people taking effect Submission to people 1 of question 2 of consti tutional 3 convention; election of delegates time, place, etc. 4 5 14 15 Compensa- 16 tion of delegates 17 Article XIV, § 2 § 2. At the general election to be held in the year one thousand nine hundred and sixteen, and every twentieth year thereafter, and also at such times as the Legislature may by law provide, the question, Shall there be a convention to revise the Constitution and amend the same?" shall be de6 cided by the electors of the State; and in case a majority of 7 the electors voting thereon shall decide in favor of a con8 vention for such purpose, the electors of every senate district 9 of the State, as then organized, shall elect three delegates at 10 the next ensuing general election at which members of the 11 Assembly shall be chosen, and the electors of the State voting 12 at the same election shall elect fifteen delegates at large. Convention; 13 The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall then be annually payable to the members of the Assembly. A majority of the convention shall constitute a quorum for the transaction of business, and no amendment to the Constitution shall be submitted for ap22 proval to the electors as hereinafter provided, unless by the 23 assent of a majority of all the delegates elected to the con24 vention, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint rules, etc. 26 such officers, employes and assistants as it may deem neces27 sary, and fix their compensation and to provide for the print28 ing of its documents, journal and proceedings. The conven29 tion shall determine the rules of its own proceedings, choose 30 its own officers, and be the judge of the election, returns and Vacancies 31 qualification of its members. In case of a vacancy, by death, delegates 32 resignation or other cause, of any district delegate elected to 33 the convention, such vacancy shall be filled by a vote of 34 the remaining delegates representing the district in which 35 such vacancy occurs. If such vacancy occurs in the office Quorum Vote on amendments Officers, employees, among 18 19 20 21 25 number was given to it. When reached on the order of third reading it was passed but immediately reconsidered and section 2 amended (see Revised Record, IV:1104-1108, original record, 2595-2598), but the overture as thus amended and finally passed was apparently never printed. Sections 1 and 3, however, were not affected by the amendment made upon the reconsideration. Article XIV, § 2 to and by people tion or 36 of a delegate-at-large, such vacancy shall be filled by a vote 37 of the remaining delegates-at-large. Any proposed consti- Submission 38 tution or constitutional amendment which shall have been ratification 39 adopted by such convention, shall be submitted to a vote of constitu40 of the electors of the State at the time and in the manner amendments 41 provided by such convention, at an election which shall be 42 held not less than six weeks after the adjournment of such 43 convention. Upon the approval of such constitution or con44 stitutional amendments, in the manner provided in the last 45 preceding section, such constitution or constitutional amend- Time of 46 ment, shall go into effect on the first day of January next effect 47 after such approval. Source Const. 1846, Art. XIII, § 2; amended, 1874, Art. XVI, § 1;3 amended, Lincoln's Constitutional History For history of the movement to call the constitutional convention which finally met in 1821, with special reference to the veto by the council of revision, on objections reported by Chancellor Kent, of the convention bill of November 20, 1820, on the grounds, first, that it contained no provision for ascertaining the sense of the people on the question of holding a convention; and second, that it provided for submitting the amended constitution to the people as a whole, and did not give them any opportunity to discriminate as to their approval or disapproval of its different parts, see I: 616-628. For history of the efforts to call constitutional conventions in 1858, 1861 and 1865, see II:233-234. For discussion of the power of the legislature (in the absence of constitutional restrictions) to control the time and manner of the submission to the people of a constitution adopted by a constitutional convention, and remarks on legislative control, in general, of a constitutional convention, see II:407–418. For statement of the events from 1886, when the people voted that a constitutional convention should be held, to the holding of the convention in 1894, including an historical sketch of the reasons for this long delay, see III:4-25. References to constitutional conventions and commissions. 1821. I:751–752; II:210. 1846. II:209–213. 1867. II:242-243, 382-383, 407-414. 1872. II:572–574. 3 For the text of the constitutional amendment of 1874, see Lincoln's Constitutional History, I: 311. taking Amend ments Co incidently submitted by conven tion and legislature Article XIV, § 3 1894. When conventions to be held, III:660-661; how conventions constituted, III:661-664; powers of convention, III: 664-671. Debates of constitutional conventions 1821. Method of submission, 625-627 (Nov. 5). 1846. Convention, 794; submission, 1079 (Oct. 9); publication, 961 (Sept. 24), 1079 (Oct. 9). 1867. Convention, how called, V:3825-3827; method of submission, I:392-410, V:3790-3792, 3876-3893, 3916-3926; time of submission, V:3893-3907; publication, V:3926-3927. 1894. Convention, IV :826-833 (V:2432–2435), IV:891–901 (V:2470– 2476), IV:1102-1108 (V:2595-2598); powers of convention, I: 336–337 (I:164); convention, judge of election of members, I:244– 246, 1:248-270 (1:122-133), 1:334; publication, IV:711 (V:2364), IV:1232-1250 (VI:2670-2679), IV:1268-1272 (VI:2690–2692); submission, II:4-25 (II:625–636); IV:1102-1108 (V:2595–2598), IV:1232-1250 (VI:2670-2679). Texts of proposed amendments 1 2 3 In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 59, 206 (Int. 204), 239 (Int. 237), 287 (Int. 285), 293 (Int. 289), 375–383-436 (Int. 368).5 In the legislature, 1895-1914: see Part II, post, pp. 260-261. § 3. Any amendment proposed by a constitutional convention relating to the same subject as an amendment proposed by the Legislature, coincidently submitted to the people for approval at the general election held in the year one thousand eight hundred and ninety-four, or at any subsequent election, 6 shall, if approved, be deemed to supersede the amendment so 7 proposed by the Legislature. 4 5 Source Const. 1894, Art. XIV, § 3. Lincoln's Constitutional History For explanation of this section, see III:671, and IV :799-800. 1894. IV :891-901 (V:2470-2476). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional 4 This page reference is to the Argus edition of the 1846 debates. It is apparently not covered by the Atlas edition. See introductory note. 5 This overture was adopted by the convention and accordingly became a part of the Constitution. |