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Certain

Judicial

officers not

to receive

fees

What

Judges not

to act as

attorneys

or referees

What Judges must be attorneys

Article VI, § 20

Lincoln's Constitutional History

For note on county clerk, see IV :721-722.
References to constitutional conventions.

1846. II:163. 1867. II :285.

Debates of constitutional conventions

1846. 821-822 (Sept. 8). 1894. II:1194–1195 (III:1276); III:23–24 (III:1291-1292).

Texts of proposed amendments

1

2

3

4

5

6

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overture No. 422 (Int. 383).52

§ 20. No judicial officer, except Justices of the Peace, shall receive to his own use any fees or perquisites of office; nor shall any Judge of the Court of Appeals, or Justice of the Supreme Court, or any County Judge or Surrogate hereafter elected in a county having a population exceeding one hundred and twenty thousand, practice as an attorney or coun7 selor in any court of record in this State, or act as referee. 8 The Legislature may impose a similar prohibition upon 9 County Judges and Surrogates in other counties. No one shall be eligible to the office of Judge of the Court of Ap11 peals, Justice of the Supreme Court, or, except in the county 12 of Hamilton, to the office of County Judge or Surrogate, who 13 is not an attorney and counselor of this State.53

10

Source

Const. 1846, Art. VI, $ 20; amended, Judiciary Article, 1869,5*
Art. VI, § 21; amended, Const. 1894, Art. VI, § 20.

Lincoln's Constitutional History

For court decisions construing this section, see IV :631-632.
References to constitutional conventions and commissions.
1846. Fees prohibited, II:163.

1867. Practice as attorney, II:285.

1890. Practice as attorney, II:716, 725.

1894. Practice as attorney and fees prohibited, III:369–372.

Debates of constitutional conventions

1846. Fees prohibited, 823-825 (Sept. 8).

1867. Fees prohibited, IV:2626-2630.

1894. Fees prohibited, II:1195-1200 (III:1276-1279); practice as attorney, II:1195-1200 (III:1276-1279), III:13-15 (III:12861287); judges, eligibility, III:6-13 (III:1282–1286).

52 This overture was adopted by the convention and accordingly became a part of the Constitution.

53 See Supplemental Notes following Article XV, post, under the title Attorneys.

54 See footnote no. 3, to Art. VI, § 1, ante.

Article VI, § 22

Texts of proposed amendments

1

In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 66, 181 (Int. 180), 210 (Int. 208), 268 (Int. 266), 274 (Int. 272), 422 (Int. 383).55

of statutes

dicial de

§ 21. The Legislature shall provide for the speedy publica- Publication 2 tion of all statutes, and shall regulate the reporting of the and ju 3 decisions of the courts; but all laws and judicial decisions cisions 4 shall be free for publication by any person.5

Source

56

Const. 1846, Art. VI, § 22; amended, Judiciary Article, 1869,57 Art.
VI, § 23; amended, Const. 1894, Art. VI, § 21.

Debates of constitutional conventions

1867. Statutes, III:2099-2101; IV:2630-2632, 2789-2791.

Texts of proposed amendments

1

2

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overture No. 422 (Int. 383).58

judicial

§ 22. Justices of the Peace and other local judicial officers Local provided for in sections seventeen and eighteen in office when offers, 3 this article takes effect, shall hold their offices until the ex4 piration of their respective terms.

Source

Const. 1894, Art. VI, § 22. See also Judiciary Article, 1869,59 Art.
VI, § 25.

Lincoln's Constitutional History

For court decisions construing this section, see IV :633.

Debates of constitutional conventions

1867. IV:2632.

Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overture No. 422 (Int. 383).60

55 This overture was adopted by the convention and accordingly became a part of the Constitution.

56 For references to the codification of the law and to a council of law reporting, see Supplemental Notes following Article XV, post, under the titles Codification, and Courts, respectively.

57 See footnote no. 3, to Art. VI, § 1, ante.

58 This overture was adopted by the convention and accordingly became a part of the Constitution.

59 See footnote no. 3, to Art. VI, § 1, ante.

60 This overture was adopted by the convention and accordingly became a part of the Constitution.

terms not abridged

Article VI, § 25

Courts of special

sessions

1

2

§ 23. Courts of Special Sessions shall have such jurisdiction of offenses of the grade of misdemeanors as may be prescribed 3 by law.

Source

Judiciary Article, 1869,61 Art. VI, § 26; continued without change in
Const. 1894, Art. VI, § 23.

Lincoln's Constitutional History

For court decisions construing this section, see IV :633.
References to constitutional conventions.

1867. II:284. 1894. III:372.

Debates of constitutional conventions

1894. III:15-23 (III:1287-1291).

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ARTICLE VII1

Section 1. The credit of the State shall not in any manner be given or loaned to or in aid of any individual, association or corporation.2

Source

Const. 1846, Art. VII, § 9; continued without change in Const. 1894,
Art. VII. § 1.

Lincoln's Constitutional History

For court decisions construing this section, see IV :634.
References to constitutional conventions.

1846. II:179–180.

Debates of constitutional conventions

1846. 849-857, 864-868 (Sept. 12-14).

1867. III:1840-1848, 1992-2018, 2341-2343; V:3327-3338, 33663369, 3461-3482, 3764-3765.

Texts of proposed amendments

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In the convention of 1894: see Proposed Constitutional Amendments,
Overtures Nos. 156, 199 (Int. 198), 254-437 (Int. 252).

In the legislature, 1895-1914: see Part II, post, p. 161.

§ 2. The State may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts; but such debts, direct or contingent, singly or in the aggre

61 See footnote no. 3, to Art. VI, § 1, ante.

1 For the subject of the salt springs, see Supplemental Notes following Art. XV, post, under that title. For various matters relating to taxation, see Supplemental Notes under that title.

2 But see Art. VIII, § 9, post.

Article VII, § 3

of moneys

4 gate, shall not at any time exceed one million of dollars; and 5 the moneys arising from the loans creating such debts shall Application 6 be applied to the purpose for which they were obtained, or 7 to repay the debt so contracted, and to no other purpose whatever.3

8

Source

Const. 1846, Art. VII, § 10; continued without change in Const.
1894, Art. VII, § 2.

Lincoln's Constitutional History

For historical statement of the conditions leading to the inclusion of this section into the Constitution, see II:73-91.

References to constitutional conventions.

1846. II:174-179. 1867. II:357.

Debates of constitutional conventions

1846. 857-877 (Sept. 14-15), 1083-1105; appendix (Sept. 11), 11051123; Appendix (Sept. 16).

1867. III:1848-1850; V:3746-3748.

Texts of proposed amendments

1

In the convention of 1894: see Proposed Constitutional Amendments,
Overtures Nos. 20, 199 (Int. 198), 254-437 (Int. 252).

In the legislature, 1895-1914: see Part II, post, pp. 161-162.

state de

§ 3. In addition to the above limited power to contract Debts for 2 debts, the State may contract debts to repel invasion, suppress fease 3 insurrection, or defend the State in war; but the money aris4 ing from the contracting of such debts shall be applied to the 5 purpose for which it was raised, or to repay such debts, and 6 to no other purpose whatever.

Source

Const. 1846, Art. VII, § 11; continued without change in Const. 1894, Art. VII, § 3.

Lincoln's Constitutional History

For comment on this section, see IV:635. See also the notes to
Art. VII, § 2.

Debates of constitutional conventions

1867. III:1850-1852.

Texts of proposed amendments

In the convention of 1894: see Proposed Constitutional Amendments,
Overtures Nos. 199 (Int. 198), 254-437 (Int. 252).

3 For restriction as to state debt, see Supplemental Notes following Art. XV, post, under the title State Finance.

Article VII, § 4

Limitation of legislative power to create debts

Submission

to people

of laws

creating debts

1

2

9

10

11

Manner of 12

passage of such laws in legislature

Legisla

ture's

power over debts after

14

15

16

17

approval by 18

people

§ 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or 3 in behalf of this state, unless such debt shall be authorized 4 by law, for some single work or object, to be distinctly speci5 fied therein; and such law shall impose and provide for the 6 collection of a direct annual tax to pay, and sufficient to pay, 7 the interest on such debt as it falls due, and also to pay and 8 discharge the principal of such debt within fifty years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: "Shall this bill pass, and ought the same to receive the sanction of the people?" The legislature may at any time after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same; and may at any time, by law, 20 forbid the contracting of any further debt or liability under 21 such law; but the tax imposed by such act, in proportion 22 to the debt and liability which may have been contracted in 23 pursuance of such law, shall remain in force and be irrepeal24 able, and be annually collected, until the proceeds thereof 25 shall have made the provision hereinbefore specified to pay 26 and discharge the interest and principal of such debt and Use of loan 27 liability. The money arising from any loan or stock creating 28 such debt or liability shall be applied to the work or object 29 specified in the act authorizing such debt or liability, or for 30 the payment of such debt or liability, and for no other purRestric- 31 pose whatever. No such law shall be submitted to be voted on within three months after its passage or at any general election when any other law, or any bill shall be submitted to be voted for or against. The legislature may provide 35 for the issue of bonds of the state to run for a period not 36 exceeding fifty years in lieu of bonds heretofore authorized 37 but not issued and shall impose and provide for the collection 38 of a direct annual tax for the payment of the same as here39 inbefore required. When any sinking fund created under fund 40 this section shall equal in amount the debt for which it was

Tax irrepealable

restricted

tions on

submission 32

to people

Bond issue

Sinking

33

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