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Article Index


nor shall any person be incompetent to testify on account of religious belief.

SEC. 8. The right to the writ of habeas corpus shall not be suspended, unless the public safety requires it in case of invasion or rebellion.

SEC. 9. All persons shall be bailable by sufficient sureties, except for capital offenses, where proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.

SEC. 10. In all prosecutions, the accused shall be allowed to appear and defend in person or by counsel; to demand the nature and cause of the accusation against him; to meet the witness face to face, and to have compulsory process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. No person shall be a witness against himself, or be twice put in jeopardy for the same offense.

SEC. 11. The liberty of the press shall be inviolate; and all persons may freely speak, write or publish their sentiments on all subjects, being responsible for the abuse of such right; and in all civil and criminal actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the alleged libelous matter was published for justifiable ends, the accused party shall be acquitted.

SEC. 12. No person shall be transported from the State for any offense committed within the same; and no conviction in the State shall work a corruption of blood or forfeiture of estate.

SEC. 13. Treason shall consist only in levying war against the State, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the overt act, or confession in open court.

SEC. 14. No soldier shall, in time of peace, be quartered in any home without the consent of the occupant, nor in time of war, except as prescribed by law.

SEC. 15. The right of the people to be secure in their persons and property against unreasonable searches and seizures shall be inviolate, and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the person and property to be seized.

SEC. 16. No person shall be imprisoned for debt except in case of fraud.

SEC. 17. No distinction shall ever be made between citizens and aliens in reference to the purchase, enjoyment or descent of property.

SEC. 18. All persons, for injuries suffered in person, reputation or property, shall have remedy by due course of law, and justice administered without delay.

SEC. 19. No hereditary annointments, honors or privileges shall ever be granted or conferred by the state.

SEC. 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.

Article I --Executive

SECTION 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General and Superintendent of Public Instruction, who shall be chosen by the electors of the State at the time and place of voting for members of the Legislature, and shall hold their offices for the term of two years from the second Monday in January, next after the election, and until their successors are elected and qualified.

SEC. 2. Until otherwise provided by law, an abstract of every election, for the offices named in the foregoing section, shall be sealed up and transmitted by the Clerk of the Board of Canvassers of the several counties, to the Secretary of State, who with the Lieutenant Governor and Attorney General, shall constitute a board of State Canvassers, whose duty it shall be to meet at the State capital on the second Tuesday of December succeeding each election for State officers, and canvass the vote for such officers and proclaim the result; but in case any two or more have an equal and the highest number of votes, the Legislature shall, by joint ballot, choose one of said persons so having an equal and the highest number of votes for said office.

SEC. 3. The supreme executive power of the State shall be invested in a Governor, who shall see that the laws are faithfully executed.

SEC. 4. He may require information in writing from the officers of the Executive Department upon any subject relating to their respective duties.

SEC. 5. He may, on extraordinary occasions, convene the Legislature by proclamation, and shall, at the commencement of every sessions, communicate in writing such information as he may possess in reference to the condition of the State, and recommend such measures as he may deen expedient.

SEC. 6. In case of disagreement between the two houses in respect to the time of adjournment, he may adjourn the Legislature to such time as he may think proper, not beyond its regular meeting.

SEC. 7. The pardoning power shall be invested in the Governor, under regulations and restrictions prescribed by law.

SEC. 8. There shall be a seal of the State,which shall be kept by the Governor, and used by him officially, and which shall be the great seal of Kansas.

SEC. 9. All commissions shall be issued in the name of the State of Kansas; signed by the Governor, countersigned by the Secretary of State, and sealed with the great seal.

SEC. 10. No member of Congress or officer of the State, or of the United States, shall hold the office of Governor, except as herein provided.

SEC. 11. In case of death, impeachment resignation, removal or other disability of the Governor, the powers and duties for the residue of the term, or until disability shall be removed, shall devolve upon the President of the Senate.

SEC. 12. The Lieutenant Governor shall be President of the Senate, and shall vote only when the Senate is equally divided. The Senate shall choose a President pro tempore to preside in case of his absence or impeachment, or when he shall hold the office of Governor.

SEC. 13. If the Lieutenant Governor, while holding the office of Governor, shall be impeached or displaced, or shall resign or die, or otherwise become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled, or the disability removed; and if the President of the Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of Governor, the same shall devolve upon the Speaker of the House of Representatives.

SEC. 14. Should either the Secretary of State, Auditor, Treasurer, Attorney General, or Superintendent of Public Instruction become incapable of performing the duties of his a office, for any of the causes specified in the thirteenth section of this article, the Governor shall fill the vacancy until the disability is removed, or a successor is elected and qualified.