20. Enunciation of rights not to impair other rights.

pensation being made, unless by the consent of such person; and, when taken, except for the use of the State, such compensation shall be first made, or secured, by a deposit of money ; and no irrevocable or uncontrollable grant of special privileges. or immunities shall be made; but all privileges and franchises granted by the legislature or created under its authority shall be subject to the control thereof.

Wash. 1, S 16. Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes or ditches on or across the lands of others for agricultural, domestic or sanitary purposes. No private property shall be taken or damaged for public or private use without iust compensation having been first made, or paid into court for the owner, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefor be first made in money, or ascertained and paid into the court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.

Similar:

Ariz. 2, S 17.

OHIO A I, S 20. This enumeration of rights shall not be
construed to impair or deny others retained by the people;
and all powers, not herein delegated, remain with the people.
Similar provisions:

Ark. 2, S 29; Cal. 1, S 23; Fla. Dec. of E., S 24; Kan. 1, S 21; Ky. B.
of R., Sec. 26; Md. Dec. of R., S 45; Minn. 1, S 16; Miss. 3, S 32;
Mo. 2, S 32; Neb. 1, S 26; Nev. 1, S 20; N. J. 1, S 21; N. M. 2, S 23;
N. C. 1, S 37; Ore. 1, S 34; R. I. 1, S 23; Utah 1, S 25; Va. 1, S 17:
Wa. 1, S 30.

III.

THREE DEPARTMENTS OF GOVERNMENT.

LEGISLATIVE, EXECUTIVE, JUDICIAL.

Distribution of

OHIO. No express provision, that the legislative, execu-
tive and judicial departments shall remain separate and dis- powers.
tinct.

Cal. A 3, SI. The powers of the government of the State of
California shall be divided into three separate departments -
the legislative, executive, and judicial; and no person charged
with the exercise of powers properly belonging to one of these
departments shall exercise any functions appertaining to either
of the others, except as in this constitution expressly directed or
permitted.

Conn. A 2. The powers of government shall be divided into three distinct departments, and each of them confided to a separate magistracy, to-wit, those which are legislative to one, those which are executive to another, and those which are iudicial to another.

Ga. A 1, S 1, Par. 23. The legislative, judicial and executive
powers shall forever remain separate and distinct, and no per-
son discharging the duties of one shall at the same time exercise
the function of either of the others, except as herein provided.
New Jersey A 3, S I. The powers of the government shall
be divided into three distinct departments, the legislative, ex-
ecutive and judicial; and no person or persons belonging to,
or constituting one of these departments, shall exercise any of
the powers properly belonging to either of the others, except
as herein expressly provided.

Same cr similar provisions in: Ala. A 3, S 42; Ariz. A 3; Ark. A 4,
S 1, 2; Cal. A 3, S 1; Colo. A 3; Conn. A 2; Fla. A 2; Ga. A 1, S 1,
Par. 23; Idaho A 2; Ill. A 3; Ind. A 3, S 1; Iowa A 3, S. 1; Ky. S 27
and 28; La. A 16, 17; Me. A 3, S 1, 2; Md. A 8 Dec. of Rights; Mass.
A 30, Part 1; Mich. A 4, S 1, 2; Minn. A 3, S 1; Miss. A 1, S 1, 2;
Mo. A 3; Mont. A 4, S 1; Neb. A 2, S 1; Nev. A 3, S 1; N. H. A 37,
Part 1; N. J. A 3, S 1; N. M. A 3, S 1; N. C. A 1, S 8; Okla. A 4,
S 1; Ore. A 3; R. I. A 3; S. C. A 1, S 14; S. D. A 2; Tenn. A 2,
S 1, 2; Tex. A 2, S 1; Utah A 5, S 1; Vt. Chap. 2, S 1, 6; Va. A 1,
S 5; A 3, S 39; W. Va. A 5, S 1; Wyo. A 2, S 1.

IV.

LEGISLATIVE.

GENERAL ASSEMBLY.

OHIO A 2, S 1. The legislative power of this state shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.

Similar provisions (practically verbatim) in following states:

Ala. A 4, S 44; Ariz. A 4, S 1; Ark. A 5, S 1; Cal. A 4, S 1; Conn.
A 3, S 1; Del. A 2, S 1; Fla. A 3, S 1; Ga. A 3, S 1; Idaho A 3, S 1;
Iowa A 3, S 1; Ill. A 4, S 1; Ind. A 4, S 1; Ky. S 29; Kan. A 2, S 1;
La. A 21; Me. A 2, Pt. 1, S 1; Md. A 3, S 1; Mass. A 1, Ch. 1, Pt. 2;
Minn. A 4, S 1; Mo. A 4, S 1; Miss. A 4, S 33; Neb. A 3, S 1; Mont.
A 5, S 1; N. H. A 2, Pt. 2; Nev. A 4, S 1; N. Y. A 3, S 1; N. J. A
4, S 1; N. D. A 2, S 25, 52; N. M. A 4, S 1; Okla. A 5, S 1; Ore.
A 4, S 1; N. C. A 2, S 1; R. I. A 4, S 2; Penn. A 2, S 1; S. D. A 3,
S 1 (amdt.); S. C. A 3, S 1; Tenn. A 2, S 3; Utah A 6, S 1; Vt.
A 3 (amdt.); Va. A 4, S 40; Tex. A 3, S 1; W. Va. A 6, S 1; Wash.
A 4, S 1; Wyo. A 3, S 1; Wis. A 4, S 1.

But in some states the people reserve the power to initiate legislation
and to approve or reject any act of the legislature:

Ariz. A 4, S 1 & 2; Ark. A-5, S 1; Cal. A 4, S 1; Colo. A 5, S 1; Me.
A 4, S 17, 18; Mo. A 4, S 1; Mont. A 5, S 1; N. M. A 4, S 1 (not the
initiative); Okla. A 5, S 1; Ore. A 4, S 1; S. D. A 3, S 1; Utah A 6,
S 1; Wash. A 2, S 1.

Initiative.

I.

Number of signatures to petition necessary to propose law: Eight per cent of legal voters:

Ark. A 5, S 1; Colo. A 5, S 1; Mo. A 4, S 1 (legal voters in each
of two-thirds of the congressional districts); Mont. A 5, S 1 (legal
voters of at least two-fifths of counties); Okla. A 5, S 1; Ore.
A 4, S 1.

Eight per cent of qualified electors:
Cal. A 4, S 1.

Other percentages as indicated:

Ariz. A 4, S 2 (10%-qualified electors); Me. A 4, S 18 (12,000 electors); S. D. A 3, S 1 (5%-qualified voters); Utah A 6, S 1; (to be provided by law); Wash. A 2, S 1 (but in no case more than 50,000 legal voters).

2. Number of signatures to petition necessary to propose amendment to constitution:

Ariz. A 4, S 1 (15%-qualified electors); Cal. A 4, S 1 (8%-qualified electors); Colo. A 5, S 1 (8%-legal voters); Mo. A 4, S 1 (8%legal voters in each of two-thirds of congressional districts); Okla. A 5, S 2 (8%-legal voters); Ore. A 5, S 1 (8%-legal voters).

3. Time of filing initiative petition:

Not less than four months prior to election at which proposed measure is to be voted upon:

Ariz. A 4, S 4; Ark. A 5, S 1; Colo. A 5, S 1; Mo. A 4, S 1; Mont. A 5, S 1; Ore. A 4, S 1; Wash. A 2, S 1 (or not less than ten days prior to session of legislature to which such proposed measure may be presented).

Other provisions regarding time of filing:

Cal. A 4, S 1 (ninety days prior to regular election); Me. A 4, S 18 (not less than 30 days before close of session of legislature); Okla. A 5, S 3 (to be provided by the legislature).

4. When proposed measure or amendment is to be voted upon: Regular or special election:

Cal. A 4, S 1; Me. A 4, S 18; Wash. A 2, S 1.

Regular election:

Ark. A 5, S 1; Colo. A 5, S 1.

Legislature to provide:

Ariz. A 4, S 1; Mo. A 4, S 1; Mont. A 5, S 1; Okla. A 5, S 3; Ore.
A 5, S 1; S. D. A 3, S 1; Utah A 6, S 1.

Referendum.

I. Number of signatures necessary to compel referendum on legislative acts:

Five per cent of legal voters:

Ark. A 5, S 1; Cal. A 4, S 1; Colo. A 5, S 1; Mo. A 4, S 1 (5% of
legal voters in each of at least two-thirds of congressional districts);
Mont. A 5, S 1 (5% of legal voters in each of two-fifths of the coun-
ties); Okla. A 5, S 2; Ore. A 4, S 1.

Five per cent of qualified electors:
Ariz. A 4, S 3; S. D. A 3, S 1.

Other numbers required:

Me. A 4, S 17 (not less than 10,000 electors); N. M. A 4, S 1 (10% qualified electors from each of at least three-fourths of the counties); Utah A 6, S 1 (as provided by law); Wash. A 2, S 1 (6%, but not more than 20,000 voters).

2. Time of filing referendum petition:

Not more than ninety days after final adjournment of session of
legislature at which measure in question was passed:

Ariz. A 4, S 4; Ark. A 5, S 1; Cal. A 4, S 1; Colo. A 5, S 1; Me. A 6,
S 17; Mo. A 4, S 1; Okla. A 5, S 1; Ore. A 4, S 1; S. D. A. 3, S 1;
Wash. A 2, S 1.

Other provisions regarding time of filing petition:

Mont. A 5, S 1 (not more than six months after adjournment of legislature); N. M. A 4, S 1 (not less than four months); Utah A 6, S 1, (to be provided by law).

Referendum.

3. When vote is to be taken upon referred measure:

At biennial regular election or at special election when ordered by legislature:

Ark. A 5, S 1; Cal. A 4, S 1

(election thirty days subsequent, to
Mont. A 5, S 1; Okla. A 5, S 1

filing petition); Mo. A 4, S 1;
(election ordered by legislature or governor); Ore. A 4, S 1; Wash.
A 2, S 3.

At biennial regular election:

Colo. A 5, S 1; N. M. A 6, S 1.

Other provisions regarding time of vote:

Ariz. A 4, S 4 (no provision); Me. A 6, S 17 (next general election held not less than sixty days after proclamation of governor-or in case no general election is held within six months, the governor may, if petition so requests, order a special election, not less than four nor more than six months after proclamation); S. D. (no provision); Utah A 6, S 1 (according to law).

PROVISIONS FOR THE INITIATIVE AND REFERENDUM. Ariz. A 4, S I. The legislative authority of the State shall be vested in a legislature, consisting of a Senate and a House of Representatives, but the people reserve the power to propose laws and amendments to the Constitution and to enact or reiect such laws and amendments at the polls, independently of the Legislature; and they also reserve, for use at their own option, the power to approve or reject at the polls any Act, or item, section or part of any Act of the Legislature.

S 2. The first of these reserved powers is the Initiative. Under this power ten per centum of the qualified electors shall have the right to propose any measure, and fifteen per centum shall have the right to propose any amendment to the Constitution.

$ 3. The second of these reserved powers is the Referendum. Under this power the Legislature, or five per centum of the qualified electors, may order the submission to the people at the polls of any measure, or item, section, or part of any measure, enacted by the Legislature, except laws immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the State Government and State Institutions; but to allow opportunity for Referendum Petitions, no Acts passed by the Legislature shall be operative for ninety days after the close of the session of the Legislature enacting such measure, except such as require earlier operation to preserve the public peace, health, or safety, or to provide appropriations for the support and maintenance of the Departments of State and of State Institutions: