§ 1.

ARTICLE V.

EXECUTIVE DEPARTMENT.

Executive Power-Term of Office.

The chief executive power of the State shall be vested in a Governor, who shall hold his office for the term of four years; and no person shall be eligible to such office more than eight in any period of twelve years.

No person, except a citizen of the United States, shall be eligible to the office of Governor, nor shall any person be eligible to that office who shall not have attained the age of thirty years, and who shall not have been three years next preceding his election a resident within this State.

§ 3. Who Not Eligible.

No member of Congress, or person holding any office under the United States, or under this State, or under any other power, shall fill the office of Governor, except as may be otherwise provided in this Constitution.

The Governor shall be elected by the qualified electors of the State at the times and places of choosing members of the legislative assembly, and the returns of every election for Governor shall be sealed up and transmitted to the Secretary of State, directed to the speaker of the house of representatives, who shall open and publish them in the presence of both houss of the legislative assembly.

§ 5. In Case of Tie.

The person having the highest number of votes for Governor shall be elected; but in case two or more persons shall have an equal, and the highest number of votes for Governor, the two houses of the legislative assembly, at the next regular session thereof, shall forthwith, by joint vote, proceed to elect one of the said persons Governor.

§ 6. Contested Elections.

Contested elections for Governor shall be determined by the legislative assembly in such manner as may be prescribed by law.

§ 7. Term of Office.

The official term of the Governor shall be four years; and shall commence at such times as may be provided by this Constitution, or prescribed by law.

§ 16.

Governor to Fill Vacancies by Appointment.

When, during a recess of the legislative assembly, a vacancy shall happen in any office, the appointment to which is vested in the legislative assembly; or when at any time a vacancy shall have occurred in any other State office, or in the office of judge of any court, the Governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified.

§ 17. Issue Writs of Election.

He shall issue writs of election to fill such vacancies as may have occurred in the legislative assembly.

§ 1.

ARTICLE VI.

ADMINISTRATIVE DEPARTMENT.

Election of Secretary and Treasurer of State.

There shall be elected by the qualified electors of the State, at the time and places of choosing members of the legislative assembly, a Secretary and Treasurer of State, who shall severally hold their offices for the term of four years; but no person shall be eligible to either of said offices more than eight in any period of twelve years.

§ 6. County Officers.

There shall be elected in each county, by the qualified electors thereof, at the time of holding general elections, a county clerk, treasurer, sheriff, coroner, and surveyor, who shall severally hold their offices for the term of two years.

§ 7. Other Officers.

Such other county, township, precinct, and city officers as may be necessary shall be elected or appointed in such manner as may be prescribed by law.

No person shall be elected or appointed to a county office. who shall not be an elector of the county; and all county,

township, precinct and city officers shall keep their respective offices at such places therein, and perform such duties as may be prescribed by law.

§ 9. Vacancies, How Filled.

Vacancies in county, township, precinct and city offices shall be filled in such manner as may be prescribed by law.

ARTICLE VII.

JUDICIAL DEPARTMENT.

§ 1. Judicial Power of State, in Whom Vested.

The judicial powers of the State shall be vested in one Supreme Court and in such other courts as may from time to time be created by law. The judges of the Supreme and other courts shall be elected by the legal voters of the State or of their respective districts for a term of six years, and shall receive such compensation as may be provided by law, which compensation shall not be diminished during the term for which they are elected.

§ 2.

Judicial System Otherwise to Remain Unchanged.

The courts, jurisdiction, and judicial system of Oregon, except so far as expressly changed by this amendment, shall remain as at present constituted until otherwise provided by law. But the Supreme Court may, in its own discretion, take original jurisdiction in mandamus, quo warranto, and habeas corpus proceedings.

§ 6. Malfeasance in Office-Manner of Removal.

Public officers shall not be impeached; but incompetency, corruption, malfeasance or delinquency in office may be tried in the same manner as criminal offenses, and judgment may be given of dismissal from office, and such further punishment as may have been prescribed by law.

§ 7. Supreme Judge, Oath Of.

Every judge of the Supreme Court, before entering upon the duties of his office, shall take and subscribe, and transmit to the Secretary of State, the following oath:

"I, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge he duties of a judge of the Supreme Court of this State, accord

ing to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been elected."

NOTE.-Amendment to Article VII was submitted to the people by initiative petition filed in the office of the Secretary of State July 7, 1910, and approved by a majority of the votes cast thereon at the general election held on the 8th day of November, 1910. There were 44,538 votes cast for said amendment and 39,399 against, and was proclaimed by the Governor on December 3, 1910. NOTE. As shown by Section 2, Article VII, as amended, above given, the courts and other officers created under said article before amendment are continued until changed by law. The following sections of the original article relating to elective officers are therefore given.

§ 11. County Judges and Terms of County Court.

There shall be elected in each county, for the term of four years, a county judge, who shall hold the county court at times to be regulated by law.

§ 15.

County Clerk, Etc.-Legislature May Divide Duties of County
Clerk.

A county clerk shall be elected in each county for the term of two years, who shall keep all the public records, books, and papers of the county, record conveyances, and perform the duties of clerk of the circuit and county courts, and such other duties as may be prescribed by law; but whenever the number of voters in any county shall exceed twelve hundred, the legislative assembly may authorize the election of one person as clerk of the circuit court, one person as clerk of the county court, and one person recorder of conveyances.

A sheriff shall be elected in each county for the term of two years, who shall be the ministerial officer of the circuit and county courts, and shall perform such other duties as may be prescribed by law.

§ 17. Prosecuting Attorneys.

There shall be elected by districts comprised of one or more counties, a sufficient number of prosecuting attorneys, who shall be the law officers of the State, and of the counties within their respective districts, and shall perform such duties pertaining to the administration of law and general police as the legislative assembly may direct.

ARTICLE VIII.

SUPERINTENDENT OF PUBLIC INSTRUCTION.

§ 1. Superintendent of Public Instruction.

The Governor shall be Superintendent of Public Instruction, and his powers and duties in that capacity shall be such as may be prescribed by law; but after the term of five years from the adoption of this Constitution, it shall be competent for the legislative assembly to provide by law for the election of a Superintendent, to provide for his compensation, and prescribe his powers and duties.

ARTICLE X.

MILITIA.

§ 1. Militia; Qualifications.

The militia of this State shall consist of all able-bodied male citizens between the ages of eighteen and forty-five years, except such persons as now are or hereafter may be exempted by the laws of the United States or of this State.

§ 2. Who Exempt.

Persons whose religious tenets or consciontious scruples forbid them to bear arms, shall not be compelled to do so in time of peace, but shall pay an equivalent for personal service.

§ 3. Officers.

The Governor shall appoint the Adjutant-General and the other chief officers of the general staff, and his own staff; and all officers of the line shall be elected by the persons subject to military duty in their respective districts.

§ 4. Staff Officers-Governor to Commission.

The Majors-General, Brigadiers-General, Colonels, or Commandants of regiments, battalions, or squadrons, shall severally appoint their staff officers, and the Governor shall commission all officers of the line and staff ranking as such.

§ 5. Legislature to Make Regulations for Militia.

The legislative assembly shall fix by law the method of dividing the militia into divisions, brigades, regiments, battalions and companies, and make all other needful rules and regulations in such manner as they may deem expedient, not incompatible with the Constitution or laws of the United States, or of the Constitution of this State, and shall fix the rank of all staff officers.