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APPENDICES

APPENDIX

THE TEXT OF THE CONSTITUTION

NOTE. In preparing the present corrected text of the constitution, the author has made a careful comparison in the first place of the two original versions of the constitution. Where differences have appeared he has, in accepting one or the other version, used his judgment as to which form was the better in matters of style and punctuation. A table of notes showing the differences between the versions is also appended for the benefit of any who may find it necessary to have both the Democratic and the Republican versions of any particular section.

In the matter of spelling the author has not tried to follow exactly the two original versions but has adopted in every case the most commonly accepted spelling of today. In both originals of the constitution there is a great deal of unnecessary and archaic capitalization, but at the same time there is no agreement as between the two documents as to what words should be capitalized; and even within each version, due to the large number of copyists who participated in the writing, there are a great many discrepancies. For example, the word "state" is sometimes capitalized, sometimes not, and the same is the case with "governor," "legislature," and other similar words. In this edition capitals have been used, so far as possible, only in proper names and in the first words of sentences, except in the case of the amendments.

Many of the recent reprints of the constitution are very inaccurately punctuated in the sense that they do not conform to the punctuation used in the sources, which are the two originals of the constitution and the enrolled bills for all amendments. In this edition the rule has been followed of putting in all the original punctuation where the two original documents were in agreement on this matter. In the almost three hundred cases where the original versions do not agree in matters of punctuation, as has been said above, the authors have exercised their best judgment in using one or the other version and have explained in a table printed with the constitution the differences between the two originals. The punctuation of amendments follows that in the enrolled bills.

In order to make this edition of the constitution complete the author has included every provision which at any time has been or which now is a part of the constitution. Those proposed amendments which have been adopted have been inserted into the text in the proper place and, where there has been a series of amendments to a single section, in the chronological order of their adoption. The historical development of every part of the constitution can thus be ascertained from a study of the text of the constitution itself. In order to differentiate properly between the present text of the constitution, on the one hand, and superseded clauses and explanatory matter on the other, the following typographical arrangement has been adopted: First, the constitution as it is today has been printed in ten point type; second, all explanatory notes and superseded sections have been printed in eight point type; and third, in order to differentiate between superseded sections and explanatory notes, the former have in all cases been printed in brackets. It will be understood, therefore, that everything printed in brackets was a part of the constitution at one time.

1 See pp. 109-10.

CONSTITUTION OF THE STATE OF MINNESOTA

PREAMBLE

We the people of the state of Minnesota grateful to God for our civil and religious liberty and desiring to perpetuate its blessings and secure the same to ourselves and our posterity, do ordain and establish this constitution

ARTICLE I

BILL OF RIGHTS

SECTION 1. Government is instituted for the security, benefit and protection of the people, in whom all political power is inherent, together with the right to alter, modify or reform such government whenever the public good may require it.

SEC. 2. No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers. There shall be neither slavery nor involuntary servitude in the state otherwise than in the punishment of crime whereof the party shall have been duly convicted.

SEC. 3. The liberty of the press shall forever remain inviolate, and all persons may freely speak, write, and publish their sentiments on all subjects, being responsible for the abuse of such right.

SEC. 4. The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy, but a jury trial may be waived by the parties in all cases in the manner prescribed by law. In 1890 the following clause was added:

And the legislature may provide that the agreement of five-sixth (%) of any jury in any civil action or proceeding, after not less than six (6) hours deliberation, shall be a sufficient verdict therein.

Proposed by Sess. Laws 1889, ch. 1; ratified November 4, 1890.

SEC. 5. Excessive bail shall not be required; nor shall excessive fines be imposed; nor shall cruel or unusual punishments be inflicted.

SEC. 6. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the county or district wherein the crime shall have been committed, which county or district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel in his defense.

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