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PART II

Amendments to the Constitution Proposed in the Legislature, 1895–1914, Including Those Adopted by the People, Those Submitted to the People but Rejected,

and Those Not Submitted to the People

ARTICLE I § 2. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE

1. Verdict by less than full jury

§ 2. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases and in all criminal cases not amounting to felony in the manner to be prescribed by law[-]; and in case, after a jury has been empaneled for the trial of any civil or criminal action, not more than two jurors shall die, or, by sickness or some other cause satisfactory to the court, shall be unable to further attend the trial, the trial may proceed with the ten or eleven jurors, as the case may be, with the same force and effect as if all the jurors had remained; and also, the legislature may provide that when a jury of twelve men in any civil or criminal case shall be unable to agree upon a verdict, the judge may, in his discretion, take the verdict of not less than ten of the jurors, and such verdict shall have the same force and effect as if the whole twelve had agreed thereto. 1901. A. No. 638 (Int. 583).

A, J. 292. 1 For explanation of the purpose and plan of Part II of this work, and of the abbreviations used, see introductory note.

Article I, V 2

1906.

§ 2. (Proposal to add the following:) The legislature may provide that in civil actions not less than five-sixths of the jurors of a jury may render a verdict which shall have the same force and effect as if all the jurors concurred therein. 1904. A. No. 1998 (Int. 1395).

A. J. 1969. $ 2. (Proposal to add the following:) The verdict agreed upon by ten jurors in civil cases shall be the verdict of the jury, providing the verdict is not unanimous.

A. No. 379 (Int. 360).

A. J. 150. § 2. (Proposal to add the following:) In all civil causes a verdict may be rendered by the concurrence of two-thirds of the jurors, and in all criminal causes by the concurrence of threefourths of the jurors. The legislature shall at the next session, by appropriate legislation, provide for carrying this section into effect. 1907. S. No. 114 (Int. 112).

S. J. 42. § 2. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; except that in all civil and criminal cases, other than those wherein the punishment to be inflicted is death, the concurrence of three-fourths of the jurors shall be sufficient to return a verdict, provided that, when it is returned by a number less than the whole jury, it shall be signed by the jurors concurring therein; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law. 1909. A. No. 1446 (Int. 1252).

A. J. 826. 1910. A. No. 891 (Int. 779).

A. J. 458, § 2. (Proposal to add the following:) Hereafter, in all civil and criminal cases which shall be tried by jury, three-fourths of the number of jurors sitting in any such case, concurring, shall have the power to render a verdict, and such verdict shall have the same force and effect as though found and returned by all the jurors sitting in said case.

S. No. 320 (Int. 307). (Same as A. No. 382.)

S. J. 77.
A. No. 382 (Int. 372). (Same as S. No. 320.)

A. J. 115. § 2. (Proposal to add the following:) Hereafter, in all civil cases which shall be tried by jury, three-fourths of the number of jurors sitting in any such case, concurring, shall have the power to

1912.

Article I, 2

render a verdict, and such verdict shall have the same force and effect as though found and returned by all the jurors sitting in

such case.

1914. A. No. 387 (Int. 384).

A. J. 148.

2. Waiver of jury trial — verdict by less than full jury — judgment on

appeal § 2. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but in all civil cases a jury trial may be waived by the parties and shall be deemed waived [in all civil cases] unless demanded in the manner to be prescribed by law; and in all criminal cases it may be waived in the manner to be prescribed by law. In all civil cases three-fourths of the jury may render a verdict. The legislature may provide that in any or all criminal cases five-sixths of the jury may render a verdict. In all cases the legislature may authorize trial by a jury of not less than six, and the jury may consist of any number less than twelve upon which the parties may agree. On appeal any appellate court (except as otherwise provided with respect to the court of appeals) may award final judgment on the record upon the right of any or all of the parties, or judgment of modification, according to justice; or may grant a new trial or further hearing either of the whole case or of any particular issue therein, as to any or all of the parties, as justice may require.

1913. A. No. 822 (Int. 789).

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A. J. 300.

3. Additional jurors to fill vacancies

§ 2. (Proposal to add the following:) Additional jurors, to attend during a trial to fill vacancies which from any cause may occur on a jury, may be drawn in the manner to be prescribed by the legislature. 1905. S. No. 43 (Int. 43). TO A. Amended, A. No. 2030. To S.

S. J. 26, 163, 209, 241, 265, 1344.

A. J. 409, 2069, 2211, 2243, 2309, 2414, 2441, 2583, § 2. (Proposal to add the following:) Additional jurors may be empaneled in the manner to be prescribed by the legislature, to attend upon a trial, to fill vacancies, which from any cause may occur on a jury during such trial. 1906. S. No. 280 (Int. 257).

S. J. 103, 257, 489, 500, 739. 1907. A. No. 155 (Int. 155).

A. J. 50. 1908. A. No. 208 (Int. 205).

A. J. 74.

Article I, V 6

§ 6. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury, and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he 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; nor shall private property be taken for public use without just compensation.

AMENDMENT SUBMITTED TO THE PEOPLE BUT REJECTED 1. Excess condemnation

§ 6. (Proposal to add the following:) When private property shall be taken for public use by a municipal corporation, additional adjoining or neighboring property may be taken under conditions to be prescribed by the legislature by general law. Property thus taken shall be deemed to be taken for public use. 1909. S. No. 216 (Int. 211). (Same as A. No. 362.)

S. J. 108.
A. No. 362 (Int. 355). (Same as S. No. 216.)

A. J. 191.
1910. A. No. 1407 (Int. 1137). To Sec. of State.

A. J. 838, 2147, 2245, 2396, 2518, 3677, 3678.

S. J. 1213, 1903, 1993, 1994. 1911. S. No. 351 (Int. 202). (Same as A. No. 341.) To Sec. of State.

S. J. 85, 140, 440, 810, 1034, 1495.
A. J. 2191, 2896, 2900, 2917.
A. No. 341 (Int. 340). (Same as S. No. 351.)

A. J. 161.
Rejected Nov. 7, 1911,

Vote: for, 254,095; against, 357,881. (For adopted amendment giving the right of excess condemnation, see Art. I, Ø 7, p. 8.) AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Eminent domain for water power development

§ 6. (Proposal to add the following:) The legislature may, by general laws, provide for the taking, upon just compensation, of private property for the development of sources, conservation or utilization of water or regulation of its flow. 1913. A. No. 538 (Int. 524).

A. J. 172.

Article I, ý 6

2. Necessity for presentment or indictment - eminent domain for water.

power development § 6. No person shall be held to answer for a capital or otherwise infamous crime [(except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this state may keep with the consent of congress in time of peace, and in cases of petit larceny, under the regulation of the legislature)], unless on presentment or indictment of a grand jury, and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he 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; nor shall private property be taken for public use, without just compensation. The legislature may, by general laws, provide for the taking, upon just compensation, of private prop erty for the development of sources, conservation or utilization of water or regulation of its flow.

1912. A. No. 562 (Int. 539).

A. J. 166.

$ 6. No person shall be held to answer for a capital or otherwise infamous crime [(except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this state may keep with the consent of congress in time of peace, and in cases of petit larceny, under the regulation of the legislature)], unless on presentment or indictment of a grand jury, and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he 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; nor shall private property be taken for public use, without just compensation. The legislature may, by general laws, provide for the taking, upon just compensation, of private prop erty for the construction and maintenance of water storage reservoir and for the development or conserration or utilization of water or regulation of its flow. Property so taken shall be deemed to be taken for a public use. 1912. S. No. 1272 (Int. 345).

S. J. 92, 661.

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