Article I, § 6 prosecution of misdemeanors 3. Necessity for presentment or indictment § 6. No person shall be held to answer for a felony [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. Misdemeanors shall be prosecuted as may be prescribed by law. [And i]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, however, may authorize an appeal by the people in any criminal case from a dismissal of the indictment, a direction of acquittal, or from any erroneous ruling or decision of the trial judge in favor of the defendant: Provided that the appellate court may, notwithstanding, affirm the judgment if it consider that no substantial miscarriage of justice has actually occurred. On any appeal in a criminal case the appellate court shall, if it think that a different sentence should have been passed, quash the sentence passed at the trial, and pass such other sentence warranted in law by the verdict (whether more or less severe) in substitution therefor as it thinks ought to have been passed. 1913. A. No. 824 (Int. 791). A. J. 300. 4. Recall of judicial decisions on constitutional questions § 6. (Proposal to add the following:) Provided, however, that nothing contained in this section shall be construed to render void as depriving a person of liberty or property without due process of law, an act of the legislature which is held by the strong and preponderant opinion of the people of the state to be greatly and immediately necessary to the public welfare; and if an act of the legislature, not in conflict with any other provision of this constitution, shall be declared by the court of appeals to be void on the ground that it deprives a person of liberty or property without Article I, § 7 due process of law, the question, "Shall chapter (describ ing the act by the number of its chapter, the year or date of its enactment by the legislature, and its title) become a law?" shall be submitted to a vote of the electors of the state, if not less than two thousand electors in each of five counties of the state shall so petition in writing. Such question shall be submitted to the people, in the manner prescribed for the submission of constitutional amendments to a vote of the people, at the next general election which is held not less than six months after such decision of the court of appeals and not less than sixty days after the filing of such petition with the secretary of state; and in case a majority of the electors voting thereon shall decide in the affirmative of such question, the said act shall take effect thirty days after the date of such election; and the constitution shall not thereafter be construed to render void such act or any part thereof, but the said act shall be subject to amendment and repeal the same as other laws. 1913. S. No. 1118 (Int. 998). (Same as A. No. 1416.) S. J. 395. § 6. (Proposal to add the following:) The legislature shall have power, notwithstanding anything in this article contained, to provide by law for the making by the employer of just and reasonable compensation to workmen for injuries received by them in the course of their employment, whether or not any negligence on the part of the employer appear. The legislature may also provide by law for the making by the employer of just and reasonable compensation to the next of kin of any deceased workman whose death shall be caused in the course of his employment, whether or not any negligence on the part of the employer appear. 1911. S. No. 1158 (Int. 1019). (Same as A. No. 1700.) To A. S. J. 622, 1880, 2215. A. J. 3843, 4179, 4182, 4215. A. No. 1700 (Int. 1424). (Same as S. No. 1158.) A. J. 1335. (For adopted amendment authorizing a workmen's compensation law, see Art. I, § 19, p. 15. For other proposals authorizing a workmen's compensation law, see amendments proposed to Art. I adding § 19, p. 16, and to Art. III adding 30, p. 80.) § 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation Article I, § 7 is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes. AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED § 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury, or by the supreme court with or without a jury, but not with a referee, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes. The legislature may authorize cities to take more land and property than is needed for actual construction in the laying out, widening, extending or relocating parks, public places, highways or streets; provided, however, that the additional land and property so authorized to be taken shall be no more than sufficient to form suitable building sites abutting on such park, public place, highway or street. After so much of the land and property has Article I, § 7 been appropriated for such park, public place, highway or street as is needed therefor, the remainder may be sold or leased. 1912. S. No. 1015 (Int. 723). (Same as A. No. 1410.) To Sec. of State. S. J. 266, 407, 595, 841, 1397. A. J. 1614, 2301, 2304, 2311. A. No. 1410 (Int. 1236). (Same as S. No. 1015.) A. J. 727, 1143, 1207, 1246, 1356, 1382, 1452, 1569, 1701, 1809, 1917, 2080. 1913. A. No. 386 (Int. 383). Substituted for S. No. 249. To Sec. of State. A. J. 118, 1054, 1119, 1144, 1194, 1288, 1568, 3605. S. J. 947, 1878, 2053. S. No. 249 (Int. 244). A. No. 386 substituted. S. J. 69, 1129, 1702, 1878. Adopted Nov. 4, 1913. Vote: for, 424,928; against, 270,467. (For other proposals to give the right of excess condemnation, see amendment proposed to Art. I, § 6, p. 4.) 1. AMENDMENT SUBMITTED TO THE PEOPLE BUT REJECTED Condemnation proceedings ascertainment of damages 87. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury, by the supreme court with or without a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dikes upon the lands of others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes. 1910. A. No. 1984 (Int. 25). (Same as S. No. 882.) To Sec. of State. A. J. 33, 758, 1226, 1470, 1559, 1687, 1794, 3678. 1911. S. J. 864, 1764, 1905, 1910, 2004. S. No. 882. (Int. 789). (Same as A. No. 1984.) S. J. 487. S. No. 352 (Int. 204). (Same as A. No. 292.) To Sec. of State. S. J. 85, 140, 440, 592, 752, 1437, 1517, 2472. A. J. 3008, 4043, 4049, 4C68, 4227. A. No. 292 (Int. 291). (Same as S. No. 352.) Rejected Nov. 7, 1911. Vote: for, 274,846; against, 322,782. Article I, 7 AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE Condemnation proceedings- ascertainment of damages 1. § 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by a jury, or by [not less than three commissioners appointed by a court of record] a commissioner or commissioners appointed or elected as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes. 1906. S. No. 865 (Int. 699). (Same as A. No. 2024.) S. J. 531. A. No. 2024 (Int. 608). (Same as S. No. 865.) A. J. 307, 1833. § 7. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the state, shall be ascertained by the supreme court or by a court constituted pursuant to the provisions of section twenty-four of article six of this constitution or by a jury, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited. General laws may be passed permitting the owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dikes upon the lands of others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes. 1909. S. No. 493 (Int. 210). S. J. 107, 301. A. No. 1504 (Int. 354). (Same as A. No. 1504.) (Same as S. No. 493). A. J. 191, 750, 876, 927, 1078, 1175, 1228, 1374. To S. S. J. 752. |