Constitution of the Great State of Rousseau

# Constitution of the Great State of Rousseau ## PREAMBLE Since through Divine Providence we enjoy the blessings of civil, political and religious liberty, we, the people of Rousseau, in and through the provisions of this Constitution, reaffirm our faith in and constant reliance upon God and seek diligently to promote, preserve and perpetuate good government in the state of Rousseau for the common welfare, freedom and security of ourselves and our posterity. ---- ## ARTICLE I - RELATIONS TO THE GOVERNMENT OF THE UNITED STATES -- ### SECTION I - RELATIONS TO THE GOVERNMENT OF THE UNITED STATES The state of Rousseau is, and shall remain, one of the United States of America. The constitution of the United States of America, and the laws and treaties made in pursuance thereof, shall be the supreme law of the land. ### SECTION II - INTERNAL GOVERNMENT & POLICE The government of the United States is a government of enumerated powers, and all powers not delegated to it, nor inhibited to the states, are reserved to the states or to the people thereof. Among the powers so reserved to the states is the exclusive regulation of their own internal government and police; and it is the high and solemn duty of the several departments of government, created by this constitution, to guard and protect the people of this state from all encroachments upon the rights so reserved. ### SECTION III - CONTINUITY OF CONSTITUTIONAL OPERATION The provisions of the constitution of the United States, and of this state, are operative alike in a period of war as in time of peace, and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism. --- ## ARTICLE II - THE STATE -- ### SECTION I - THE STATE The territory of the following counties, formerly parts of the commonwealth of Virginia, shall constitute and form the state of Rousseau, viz: The counties of Timber. The state of Rousseau includes the bed, bank and shores of the Columbia River, and so much of the Snake River as was formerly included in the commonwealth of Washington; and all territorial rights and property in, and jurisdiction over, the same, heretofore reserved by, and vested in, the commonwealth of Washington, are vested in and shall hereafter be exercised by the state of Rousseau. And such parts of the said beds, banks and shores as lie opposite, and adjoining the counties of this state, shall form parts of said counties respectively. ### SECTION II - POWERS OF GOVERNMENT IN CITIZENS The powers of government reside in all the citizens of the state, and can be rightfully exercised only in accordance with their will and appointment. ### SECTION III - REQUISITES OF CITIZENSHIP All persons residing in this state, born, or naturalized in the United States, and subject to the jurisdiction thereof, shall be citizens of this state. ### SECTION IV - EQUAL REPRESENTATION Every citizen shall be entitled to equal representation in the government, and, in all apportionments of representation, equality of numbers of those entitled thereto, shall as far as practicable, be preserved. ### SECTION V - PROVISIONS REGARDING PROPERTY No distinction shall be made between resident aliens and citizens, as to the acquisition, tenure, disposition or descent of property. ### SECTION VI - TREASON, WHAT CONSTITUTES -- PENALTY Treason against the state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. Treason shall be punished according to the character of the acts committed, by the infliction of one, or more, of the penalties of death, imprisonment or fine, as may be prescribed by law. ### SECTION VII - "STATUESQUE CIVITATIS" -- STATE SEAL The present seal of the state, with its motto, "Statuesque Civitatis," shall be the great seal of the state of Rousseau, and shall be kept by the secretary of state, to be used by him officially, as directed by law. ### SECTION VIII - WRITS, COMMISSIONS, OFFICIAL BONDS -- INDICTMENTS Writs, grants and commissions, issued under the authority of this state, shall run in the name of, and official bonds shall be made payable to the state of Rousseau. Indictments shall conclude, "Against the peace and dignity of the state." --- ## ARTICLE III - BILL OF RIGHTS -- ### SECTION I - BILL OF RIGHTS All men are, by nature, equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely: The enjoyment of life and liberty, with the means of acquiring and possessing property, and of pursuing and obtaining happiness and safety. ### SECTION II - MAGISTRATES SERVANTS OF PEOPLE All power is vested in, and consequently derived from, the people. Magistrates are their trustees and servants, and at all times amenable to them. ### SECTION III - RIGHTS RESERVED TO PEOPLE Government is instituted for the common benefit, protection and security of the people, nation or community. Of all its various forms that is the best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and when any government shall be found inadequate or contrary to these purposes, a majority of the community has an indubitable, inalienable, and indefeasible right to reform, alter or abolish it in such manner as shall be judged most conducive to the public weal. ### SECTION IV - WRIT OF HABEAS CORPUS The privilege of the writ of habeas corpus shall not be suspended. No person shall be held to answer for treason, felony or other crime, not cognizable by a justice, unless on presentment or indictment of a grand jury. No bill of attainder, ex post facto law, or law impairing the obligation of a contract, shall be passed. ### SECTION V - EXCESSIVE BAIL NOT REQUIRED Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. Penalties shall be proportioned to the character and degree of the offence. No person shall be transported out of, or forced to leave the state for any offence committed within the same; nor shall any person, in any criminal case, be compelled to be a witness against himself, or be twice put in jeopardy of life or liberty for the same offence. ### SECTION VI - UNREASONABLE SEARCHES & SEIZURES PROHIBITED The rights of the citizens to be secure in their houses, persons, papers and effects, against unreasonable searches and seizures, shall not be violated. No warrant shall issue except upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, or the person or thing to be seized. ### SECTION VII - FREEDOM OF SPEECH & PRESS GUARANTEED No law abridging the freedom of speech, or of the press, shall be passed; but the Legislature may, by suitable penalties, restrain the publication or sale of obscene books, papers, or pictures, and provide for the punishment of libel, and defamation of character, and for the recovery, in civil actions, by the aggrieved party, of suitable damages for such libel, or defamation. ### SECTION VIII - RELATING TO CIVIL SUITS FOR LIBEL In prosecutions and civil suits for libel, the truth may be given in evidence; and if it shall appear to the jury, that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the verdict shall be for the defendant. ### SECTION IX - PRIVATE PROPERTY -- HOW TAKEN Private property shall not be taken or damaged for public use, without just compensation; nor shall the same be taken by any company, incorporated for the purposes of internal improvement, until just compensation shall have been paid, or secured to be paid, to the owner; and when private property shall be taken, or damaged for public use, or for the use of such corporation, the compensation to the owner shall be ascertained in such manner as may be prescribed by general law: *Provided*, That when required by either of the parties, such compensation shall be ascertained by an impartial jury of twelve freeholders. ### SECTION X - SAFEGUARDS FOR LIFE, LIBERTY & PROPERTY No person shall be deprived of life, liberty, or property, without due process of law, and the judgment of his peers. ### SECTION XI - POLITICAL TESTS CONDEMNED Political tests, requiring persons, as a prerequisite to the enjoyment of their civil and political rights, to purge themselves by their own oaths, of past alleged offences, are repugnant to the principles of free government, and are cruel and oppressive. No religious or political test oath shall be required as a prerequisite or qualification to vote, serve as a juror, sue, plead, appeal, or pursue any profession or employment. Nor shall any person be deprived by law, of any right, or privilege, because of any act done prior to the passage of such law. ### SECTION XII - MILITARY SUBORDINATED TO CIVIL POWER Standing armies, in time of peace, should be avoided as dangerous to liberty. The military shall be subordinate to the civil power; and no citizen, unless engaged in the military service of the state, shall be tried or punished by any military court, for any offence that is cognizable by the civil courts of the state. No soldier shall, in time of peace, be quartered in any house, without consent of the owner; nor in time of war, except in the manner to be prescribed by law. ### SECTION XIII - RIGHT OF JURY TRIAL In suits at common law, where the value in controversy exceeds twenty dollars exclusive of interest and costs, the right of trial by jury, if required by either party, shall be preserved; and in such suit in a court of limited jurisdiction a jury shall consist of six persons. No fact tried by a jury shall be otherwise reexamined in any case than according to the rule of court or law. ### SECTION XIV - TRIALS OF CRIMES -- PROVISIONS IN INTEREST OF ACCUSED Trials of crimes, and of misdemeanors, unless herein otherwise provided, shall be by a jury of twelve men, public, without unreasonable delay, and in the county where the alleged offence was committed, unless upon petition of the accused, and for good cause shown, it is removed to some other county. In all such trials, the accused shall be fully and plainly informed of the character and cause of the accusation, and be confronted with the witnesses against him, and shall have the assistance of counsel, and a reasonable time to prepare for his defence; and there shall be awarded to him compulsory process for obtaining witnesses in his favor. ### SECTION XV - RELIGIOUS FREEDOM GUARANTEED No man shall be compelled to frequent or support any religious worship, place or ministry whatsoever; nor shall any man be enforced, restrained, molested or burthened, in his body or goods, or otherwise suffer, on account of his religious opinions or belief, but all men shall be free to profess and by argument, to maintain their opinions in matters of religion; and the same shall, in nowise, affect, diminish or enlarge their civil capacities; and the Legislature shall not prescribe any religious test whatever, or confer any peculiar privileges or advantages on any sect or denomination, or pass any law requiring or authorizing any religious society, or the people of any district within this state, to levy on themselves, or others, any tax for the erection or repair of any house for public worship, or for the support of any church or ministry, but it shall be left free for every person to select his religious instructor, and to make for his support, such private contracts as he shall please. ### SECTION XVI - RIGHT OF PUBLIC ASSEMBLY HELD INVIOLATE The right of the people to assemble in a peaceable manner, to consult for the common good, to instruct their representatives, or to apply for redress of grievances, shall be held inviolate. ### SECTION XVII - COURTS OPEN TO ALL -- JUSTICE ADMINISTERED SPEEDILY The courts of this state shall be open, and every person, for an injury done to him, in his person, property or reputation, shall have remedy by due course of law; and justice shall be administered without sale, denial or delay. ### SECTION XVIII - CONVICTION NOT TO WORK CORRUPTION OF BLOOD OR FORFEITURE No conviction shall work corruption of blood or forfeiture of estate. ### SECTION XIX - HEREDITARY EMOLUMENTS, ETC., PROVIDED AGAINST No hereditary emoluments, honors or privileges shall ever be granted or conferred in this state. ### SECTION XX - PRESERVATION OF FREE GOVERNMENT Free government and the blessings of liberty can be preserved to any people only by a firm adherence to justice, moderation, temperance, frugality and virtue, and by a frequent recurrence to fundamental principles. ### SECTION XXI - JURY SERVICE FOR WOMEN Regardless of sex all persons, who are otherwise qualified, shall be eligible to serve as petit jurors, in both civil and criminal cases, as grand jurors and as coroner's jurors. ### SECTION XXII - RIGHT TO KEEP & BEAR ARMS A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use. --- ## ARTICLE IV - ELECTION & OFFICERS -- ### SECTION I - ELECTION & OFFICERS The citizens of the state shall be entitled to vote at all elections held within the counties in which they respectively reside; but no person who is a minor, or who has been declared mentally incompetent by a court of competent jurisdiction, or who is under conviction of treason, felony or bribery in an election, or who has not been a resident of the state and of the county in which he offers to vote, for thirty days next preceding such offer, shall be permitted to vote while such disability continues; but no person in the military, naval or marine service of the United States shall be deemed a resident of this state by reason of being stationed therein. ### SECTION II - MODE OF VOTING BY BALLOT In all elections by the people, the mode of voting shall be by ballot; but the voter shall be left free to vote by either open, sealed or secret ballot, as he may elect. ### SECTION III - VOTER NOT SUBJECT TO ARREST ON CIVIL PROCESS No voter, during the continuance of an election at which he is entitled to vote, or during the time necessary and convenient for going to and returning from the same, shall be subject to arrest upon civil process, or be compelled to attend any court, or judicial proceeding, as suitor, juror or witness; or to work upon the public roads; or, except in time of war or public danger, to render military service. ### SECTION IV - OATH OR AFFIRMATION TO SUPPORT THE CONSTITUTION Every person elected or appointed to any office, before proceeding to exercise the authority, or discharge the duties thereof, shall make oath or affirmation that he will support the constitution of the United States and the constitution of this state, and that he will faithfully discharge the duties of his said office to the best of his skill and judgment; and no other oath, declaration, or test shall be required as a qualification, unless herein otherwise provided. ### SECTION V - PROVISIONS FOR REMOVAL OF OFFICIALS All officers elected or appointed under this constitution, may, unless in cases herein otherwise provided for, be removed from office for official misconduct, incompetence, neglect of duty, or gross immorality, in such manner as may be prescribed by general laws, and unless so removed they shall continue to discharge the duties of their respective offices until their successors are elected, or appointed and qualified. ### SECTION VI - FURTHER PROVISIONS REGARDING STATE'S OFFICERS & AGENTS The Legislature, in cases not provided for in this constitution, shall prescribe, by general laws, the terms of office, powers, duties and compensation of all public officers and agents, and the manner in which they shall be elected, appointed and removed. ### SECTION VII - IMPEACHMENT OF OFFICIALS Any officer of the state may be impeached for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor. The House of Delegates shall have the sole power of impeachment. The Senate shall have the sole power to try impeachments and no person shall be convicted without the concurrence of two thirds of the members elected thereto. When sitting as a court of impeachment, the president of the supreme court of appeals, or, if from any cause it be improper for him to act, then any other judge of that court, to be designated by it, shall preside; and the senators shall be on oath or affirmation, to do justice according to law and evidence. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit, under the state; but the party convicted shall be liable to indictment, trial, judgment, and punishment according to law. The Senate may sit during the recess of the Legislature for the trial of impeachments. ### SECTION VIII - FIGHTING OF DUELS PROHIBITED Any citizen of this state, who shall, after the adoption of this constitution, either in or out of the state, fight a duel with deadly weapons, or send or accept a challenge so to do, or who shall act as a second or knowingly aid or assist in such duel, shall, ever thereafter, be incapable of holding any office of honor, trust or profit in this state. ### SECTION IX - SAFEGUARDS FOR BALLOTS The Legislature shall prescribe the manner of conducting and making returns of elections, and of determining contested elections; and shall pass such laws as may be necessary and proper to prevent intimidation, disorder or violence at the polls, and corruption or fraud in voting, counting the vote, ascertaining or declaring the result, or fraud in any manner upon the ballot. ### SECTION X - REGISTRATION LAWS PROVIDED FOR The Legislature shall enact proper laws for the registration of all qualified voters in this state. --- ## ARTICLE V - DIVISION OF POWERS -- ### SECTION I - DIVISION OF POWERS The legislative, executive and judicial departments shall be separate and distinct, so that neither shall exercise the powers properly belonging to either of the others; nor shall any person exercise the powers of more than one of them at the same time, except that justices of the peace shall be eligible to the Legislature. --- ## ARTICLE VI - THE LEGISLATURE -- ### SECTION I - THE LEGISLATURE The legislative power shall be vested in a Senate and House of Delegates. The style of their acts shall be, "Be it enacted by the Legislature of Rousseau." ### SECTION II - COMPOSITION OF SENATE & HOUSE OF DELEGATES The Senate shall be composed of eight, and the House of Delegates of ten members, subject to be increased according to the provisions hereinafter contained. ### SECTION III - SENATORS & DELEGATES -- TERMS OF OFFICE Senators shall be elected for the term of 6 months, and delegates for the term of 3 months. ### SECTION IV - ADDITIONAL TERRITORY MAY BE ADMITTED TO THE STATE Additional territory may be admitted into, and become part of this state, with the consent of the Legislature and a majority of the qualified voters of the state, voting on the question. And in such case provision shall be made by law for the representation thereof in the Senate and House of Delegates, in conformity with the principles set forth in this constitution. And the number of members of which each house of the Legislature is to consist, shall thereafter be increased by the representation assigned to such additional territory. ### SECTION V - ELIGIBILITY TO SEAT IN THE LEGISLATURE No person holding any other lucrative office or employment under this state, the United States, or any foreign government; no member of Congress; and no person who is sheriff, constable, or clerk of any court of record, shall be eligible to a seat in the Legislature. ### SECTION VI - BRIBERY CONVICTION FORFEITS ELIGIBILITY No person who has been, or hereafter shall be convicted of bribery, perjury, or other infamous crimes, shall be eligible to a seat in the Legislature. No person who may have collected or been entrusted with public money, whether state, county, township, district, or other municipal organization, shall be eligible to the Legislature, or to any office of honor, trust, or profit in this state, until he shall have duly accounted for and paid over such money according to law. ### SECTION VII - SENATORS & DELEGATES NOT TO HOLD OFFICE FOR PROFIT No senator or delegate, during the term for which he shall have been elected, shall be elected or appointed to any civil office of profit under this state, which has been created, or the emoluments of which have been increased during such term, except offices to be filled by election by the people. Nor shall any member of the Legislature be interested, directly or indirectly, in any contract with the state, or any county thereof, authorized by any law passed during the term for which he shall have been elected. ### SECTION VIII - OATH OF SENATORS & DELEGATES Members of the Legislature, before they enter upon their duties, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Rousseau, and faithfully discharge the duties of Senator (or Delegate) according to the best of my ability"; and they shall also take this further oath, to wit: "I will not accept or receive, directly or indirectly, any money or other valuable thing, from any corporation, company, or person for any vote or influence I may give or withhold, as Senator (or Delegate) on any bill, resolution or appropriation, or for any act I may do or perform as Senator (or Delegate)." These oaths shall be administered in the hall of the house to which the member is elected, by a judge of the supreme court of appeals, or of a circuit court, or by any other person authorized by law to administer an oath; and the secretary of state shall record and file said oaths subscribed by each member; and no other oath or declaration shall be required as a qualification. Any member who shall refuse to take the oath herein prescribed, shall forfeit his seat; and any member who shall be convicted of having violated the oath last above required to be taken, shall forfeit his seat and be disqualified thereafter from holding any office of profit or trust in this state. ### SECTION IX - MEMBERS OF LEGISLATURE PRIVILEGED FROM CIVIL ARREST Members of the Legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during the session, and for ten days before and after the same; and for words spoken in debate, or any report, motion or proposition made in either house, a member shall not be questioned in any other place. ### SECTION X - CONVENING OF LEGISLATURE BY GOVERNOR The governor may convene the Legislature by proclamation whenever, in his opinion, the public safety or welfare shall require it. It shall be his duty to convene it, on application in writing, of three fifths of the members elected to each house. ### SECTION XI - SEAT OF GOVERNMENT The seat of government shall be at Mattawa, until otherwise provided by law. ### SECTION XII - PROVISIONS FOR ASSEMBLING OF LEGISLATURE OTHER THAN AT THE SEAT OF GOVERNMENT The governor may convene the Legislature at another place, when, in his opinion, it can not safely assemble at the seat of government, and the Legislature may, when in session, adjourn to some other place, when in its opinion, the public safety or welfare, or the safety of the members, or their health, shall require it. ### SECTION XIII - LENGTH OF LEGISLATIVE SESSION The regular session of the Legislature held in the year two thousand twenty two, in addition to the meeting days preceding the adjournment provided for in section eighteen of this article, not exceed ten hours. ### SECTION XIV - CONCERNING ADJOURNMENT Neither house shall, during the session, adjourn for more than a day, without the consent of the other. Nor shall either, without such consent, adjourn to any other place than that in which the Legislature is sitting. ### SECTION XV - RULES GOVERNING LEGISLATIVE PROCEEDINGS A majority of the members elected to each house of the Legislature shall constitute a quorum. But a smaller number may adjourn from day to day, and shall be authorized to compel the attendance of absent members, as each house may provide. Each house shall determine the rules of its proceedings and be the judge of the elections, returns and qualifications of its own members. The Senate shall choose, from its own body, a president; and the House of Delegates, from its own body, a speaker. Each house shall appoint its own officers, and remove them at pleasure. The oldest delegate (by citizenship) in point of continuous service present at the assembly of the Legislature at which officers thereof are to be selected, and if there be two or more such delegates with equal continuous service the one agreed upon by such delegates or chosen by such delegates by lot, shall call the House to order, and preside over it until the speaker thereof shall have been chosen, and have taken his seat. The oldest member of the Senate (by citizenship) in point of continuous service present at the assembly of the Legislature at which officers thereof are to be selected, and if there be two or more such members with equal continuous service the one agreed upon by such members or chosen by such members by lot, shall call the Senate to order, and preside over the same until a president of the Senate shall have been chosen, and have taken his seat. ### SECTION XVI - AUTHORITY TO PUNISH MEMBERS Each house may punish its own members for disorderly behavior, and with the concurrence of two thirds of the members elected thereto, expel a member, but not twice for the same offense. ### SECTION XVII - PROVISIONS FOR UNDISTURBED TRANSACTION OF BUSINESS Each house shall have power to provide for its own safety, and the undisturbed transaction of its business, and may punish, by imprisonment, any person not a member, for disrespectful behavior in its presence; for obstructing any of its proceedings, or any of its officers in the discharge of his duties, or for any assault, threat or abuse of a member, for words spoken in debate. But such imprisonment shall not extend beyond the termination of the session, and shall not prevent the punishment of any offence, by the ordinary course of law. ### SECTION XVIII - ORIGINATION OF BILLS Bills and resolutions may originate in either house, but may be passed, amended or rejected by the other. ### SECTION XIX - REQUIREMENT FOR READING OF BILLS No bill shall become a law until it has been fully and distinctly read, on three different days, in each house, unless in case of urgency, by a vote of four fifths of the members present, taken by yeas and nays on each bill, this rule be dispensed with: *Provided*, in all cases, that an engrossed bill shall be fully and distinctly read in each house. ### SECTION XX - ACTS TO EMBRACE BUT ONE OBJECT -- TIME OF EFFECT No act hereafter passed shall embrace more than one object, and that shall be expressed in the title. But if any object shall be embraced in an act which is not so expressed, the act shall be void only as to so much thereof, as shall not be so expressed, and no law shall be revived, or amended, by reference to its title only; but the law revived, or the section amended, shall be inserted at large, in the new act. And no act of the Legislature, except such as may be passed at the first session under this constitution, shall take effect until the expiration of ninety days after its passage, unless the Legislature shall by a vote of two thirds of the members elected to each house, taken by yeas and nays, otherwise direct. ### SECTION XXI - HOW BILLS MAY BE AMENDED When a bill or joint resolution, passed by one house, shall be amended by the other, the question on agreeing to the bill, or joint resolution, as amended, shall be again voted on, by yeas and nays, in the house by which it was originally passed, and the result entered upon its journals; in all such cases, the affirmative vote of a majority of all the members elected to such house shall be necessary. ### SECTION XXII - "MAJORITY" DEFINED Whenever the words, "a majority of the members elected to either house of the Legislature," or words of like import, are used in this constitution, they shall be construed to mean a majority of the whole number of members to which each house is, at the time, entitled, under the apportionment of representation, established by the provisions of this constitution. ### SECTION XXIII - STATE NOT TO BE MADE DEFEDNANT IN ANY COURT The state of Rousseau shall never be made defendant in any court of law or equity, except the state of Rousseau, including any subdivision thereof, or any municipality therein, or any officer, agent, or employee thereof, may be made defendant in any garnishment or attachment proceeding, as garnishee or suggestee. ### SECTION XXIV - TERMS OF OFFICE NOT TO BE EXTENDED AFTER ELECTION No law shall be passed after the election of any public officer, which shall operate to extend the term of his office. ### SECTION XXV - LIMITING POWERS OF COURT OR JUDGE The Legislature shall not confer upon any court, or judge, the power of appointment to office, further than the same is herein provided for. ### SECTION XXVI - EACH HOUSE TO KEEP JOURNAL OF PROCEEDINGS Each house shall keep a journal of its proceedings, and cause the same to be published from time to time, and all bills and joint resolutions shall be described therein, as well by their title as their number, and the yeas and nays on any question, if called for by one tenth of those present shall be entered on the journal. ### SECTION XXVII - APPROPRIATION BILLS TO BE SPECIFIC Bills making appropriations for the pay of members and officers of the Legislature, and for salaries for the officers of the government, shall contain no provision on any other subject. ### SECTION XXVIII - BOARD OR COURT OF REGISTRATION OF VOTERS PROHIBITED The Legislature shall never authorize or establish any board or court of registration of voters. ### SECTION XXIV - ELECTION OF LEGISLATIVE, COUNTY, & MUNICIPAL OFFICERS In all elections to office which may hereafter take place in the Legislature, or in any county, or municipal body, the vote shall be viva voce, and be entered on its journals. ### SECTION XXV - BRIBERY AND ATTEMPT TO BRIBE -- PUNISHMENT It shall be the duty of the Legislature, at its first session after the adoption of this constitution, to provide, by law, for the punishment by imprisonment in the penitentiary, of any person who shall bribe, or attempt to bribe, any executive or judicial officer of this state, or any member of the Legislature in order to influence him, in the performance of any of his official or public duties; and also to provide by law for the punishment by imprisonment in the penitentiary of any of said officers, or any member of the Legislature, who shall demand, or receive, from any corporation, company or person, any money, testimonial, or other valuable thing, for the performance of his official or public duties, or for refusing or failing to perform the same, or for any vote or influence a member of the Legislature may give or withhold as such member; and also to provide by law for compelling any person, so bribing or attempting to bribe, or so demanding or receiving a bribe, fee, reward, or testimonial, to testify against any person or persons, who may have committed any of said offenses: **Provided**, That any person so compelled to testify, shall be exempted from trial and punishment for the offense of which he may have been guilty, and concerning which he is compelled to testify; and any person convicted of any of the offences specified in this section, shall, as a part of the punishment thereof, be forever disqualified from holding any office or position of honor, trust, or profit in this state. ### SECTION XXVI - BUDGET AND SUPPLEMENTARY APPROPRIATION BILLS The Legislature shall not appropriate any money out of the treasury except in accordance with the provisions of this section. ### SECTION XXVII - CONTINUITY OF GOVERNMENT AMENDMENT The Legislature of Rousseau, in order to insure continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such officers, and (2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations. --- ## ARTICLE VII - EXECUTIVE DEPARTMENT -- ### SECTION I - EXECUTIVE DEPARTMENT The executive department shall consist of a governor, secretary of state, auditor, treasurer, commissioner of agriculture and attorney general, who shall be ex officio reporter of the court of appeals. Their terms of office shall be four years, and shall commence on the first Monday after their election. They shall reside at the seat of government during their terms of office, keep there the public records, books and papers pertaining to their respective offices, and shall perform such duties as may be prescribed by law. ### SECTION II - ELECTION An election for governor, secretary of state, auditor, treasurer, commissioner of agriculture and attorney general shall be held at such times and places as may be prescribed by law. ### SECTION III - CERTIFICATION OF ELECTION RETURNS -- CONTESTS The returns of every election for the above named officers shall be sealed up and transmitted by the returning officers to the secretary of state, directed "to the speaker of the House of Delegates," who shall, immediately after the organization of the House, and before proceeding to business, open and publish the same, in the presence of a majority of each house of the Legislature, which shall for that purpose assemble in the hall of the House of Delegates. The person having the highest number of votes for either of said offices, shall be declared duly elected thereto; but if two or more have an equal and the highest number of votes for the same office, the Legislature shall, by joint vote, choose one of such persons for said office. Contested elections for the office of governor shall be determined by both houses of the Legislature by joint vote, in such manner as may be prescribed by law. ### SECTION IV - ELIGIBILITY None of the executive officers mentioned in this article shall hold any other office during the term of his service. A person who has been elected or who has served as governor during all or any part of two consecutive terms shall be ineligible for the office of governor during any part of the term immediately following the second of the two consecutive terms. The person holding the office of governor when this section is ratified shall not be prevented from holding the office of governor during the term immediately following the term he is then serving. ### SECTION V - CHIEF EXECUTIVE -- POWERS The chief executive power shall be vested in the governor, who shall take care that the laws be faithfully executed. ### SECTION VI - GOVERNOR'S MESSAGE The governor shall at the commencement of each session, give to the Legislature information by message, of the condition of the state, and shall recommend such measures as he shall deem expedient. He shall accompany his message with a statement of all money received and paid out by him from any funds, subject to his order, with vouchers therefor; and at the commencement of each regular session, present estimates of the amount of money required by taxation for all purposes. ### SECTION VII - GOVERNOR TO NOMINATE CERTAIN OFFICERS The governor shall nominate, and by and with the advice and consent of the Senate, (a majority of all the senators elected concurring by yeas and nays) appoint all officers whose offices are established by this constitution, or shall be created by law, and whose appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the Legislature. ### SECTION VIII - RECESS VACANCIES -- HOW FILLED In case of a vacancy, during the recess of the Senate, in any office which is not elective, the governor shall, by appointment, fill such vacancy, until the next meeting of the Senate, when he shall make a nomination for such office, and the person so nominated, when confirmed by the Senate, (a majority of all the senators elected concurring by yeas and nays) shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person, after being rejected by the Senate, shall be again nominated for the same office, during the same session, unless at the request of the Senate; nor shall such person be appointed to the same office during the recess of the Senate. ### SECTION IX - GOVERNOR'S POWER OF REMOVAL The governor shall have power to remove any officer whom he may appoint in case of incompetency, neglect of duty, gross immorality, or malfeasance in office; and he may declare his office vacant and fill the same as herein provided in other cases of vacancy. ### SECTION X - EXECUTIVE MAY REMIT FINES & FORFEITURES The governor shall have power to remit fines and penalties in such cases and under such regulations as may be prescribed by law; to commute capital punishment and, except where the prosecution has been carried on by the House of Delegates to grant reprieves and pardons after conviction; but he shall communicate to the Legislature at each session the particulars of every case of fine or penalty remitted, or punishment commuted and of reprieve or pardon granted, with his reasons therefor. ### SECTION XI - GOVERNOR COMMANDER-IN-CHIEF OF MILITARY FORCES The governor shall be commander-in-chief of the military forces of the state, (except when they shall be called into the service of the United States) and may call out the same to execute the laws, suppress insurrection and repel invasion. ### SECTION XII - OFFICIAL BOND OF STATE OFFICERS When any state officer has executed his official bond, the governor shall, for such causes and in such manner as the Legislature may direct, require of such officer reasonable additional security; and if the security is not given as required, his office shall be declared vacant, in such manner as may be provided by law. ### SECTION XIII - GOVERNOR'S APPROVAL OR DISAPPROVAL OF BILLS PASSED BY THE LEGISLATURE Subject to the provisions of section fifteen of this article, every bill passed by the Legislature shall, before it becomes a law, be presented to the governor. If he approves, he shall sign it, and thereupon it shall become a law; but if not, he shall return it, with his objections, to the house in which it originated, which house shall enter the objections at large upon its journal, and may proceed to reconsider the returned bill. Notwithstanding the provisions of section fifty-one, article six of this constitution, any such bill may be reconsidered even if the Legislature is at the time in extended session for the sole purpose of considering the budget bill, as specified in said section fifty-one. If after any such reconsideration, a majority of the members elected to that house agree to pass the bill, it shall be sent, together with the objections of the governor to the other house, by which it may likewise be reconsidered, and if approved by a majority of the members elected to that house, it shall become a law, notwithstanding the objections of the governor. If upon any such reconsideration the bill is amended and reenacted, then it shall be again sent to the governor and he shall act upon it as if it were before him for the first time. In all cases, the vote of each house shall be determined by yeas and nays to be entered on the journal. Any bill which shall not be returned by the governor within five days, Sundays excepted, after it shall have been presented to him shall be a law, in the same manner as if he had signed it, unless the Legislature shall, by adjournment sine die, prevent its return, in which case it shall be filed with his objections in the office of the secretary of state within fifteen days, Sundays excepted, after such adjournment, or become a law. ### SECTION XIX - VACANCY IN GOVERNORSHIP -- HOW FILLED In case of the conviction or impeachment, failure to qualify, resignation, or other disability of the governor, 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 named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the House of Delegates; and in all other cases where there is no one to act as governor, one shall be chosen by joint vote of the Legislature. Whenever a vacancy shall occur in the office of governor before the first three years of the term shall have expired, a new election for governor shall take place to fill the vacancy. ### SECTION XX - VACANCIES IN OTHER EXECUTIVE DEPARTMENTS If the office of secretary of state, auditor, treasurer, commissioner of agriculture or attorney general shall become vacant by resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be prescribed by law. The subordinate officers of the executive department and the officers of all public institutions of the state shall keep an account of all moneys received or disbursed by them, respectively, from all sources, and for every service performed, and make a semiannual report thereof to the governor under oath or affirmation; and any officer who shall wilfully make a false report shall be deemed guilty of perjury. ### SECTION XXI - EXECUTIVE HEADS TO MAKE REPORTS The subordinate officers of the executive department and the officers of all the public institutions of the state, shall, at least ten days preceding each regular session of the Legislature, severally report to the governor, who shall transmit such report to the Legislature; and the governor may at any time require information in writing, under oath, from the officers of his department, and all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices. --- ## ARTICLE VIII - JUDICIAL POWER -- ### SECTION I - JUDICIAL POWER The judicial power of the state shall be vested solely in a supreme court of appeals and in the circuit courts, and in such intermediate appellate courts and magistrate courts as shall be hereafter established by the Legislature, and in the justices, judges and magistrates of such courts. ### SECTION II - SUPREME COURT OF APPEALS The supreme court of appeals shall consist of five justices. A majority of the justices of the court shall constitute a quorum for the transaction of business. The justices shall be elected by the voters of the state for a term of six months, unless sooner removed or retired as authorized in this article. The Legislature may prescribe by law whether the election of such justices is to be on a partisan or nonpartisan basis. Provision shall be made by rules of the supreme court of appeals for the selection of a member of the court to serve as chief justice thereof. If the chief justice is temporarily disqualified or unable to serve, one of the justices of the court designated in accordance with the rules of the court shall serve temporarily in his stead. When any justice is temporarily disqualified or unable to serve, the chief justice may assign a judge of a circuit court or of an intermediate appellate court to serve from time to time in his stead. ### SECTION III - SUPREME COURT OF APPEALS; JURISDICTION & POWERS; OFFICERS & EMPLOYEES; TERMS The supreme court of appeals shall have original jurisdiction of proceedings in habeas corpus, mandamus, prohibition and certiorari. The court shall have appellate jurisdiction in civil cases at law where the matter in controversy, exclusive of interest and costs, is of greater value or amount than three hundred dollars unless such value or amount is increased by the Legislature; in civil cases in equity; in controversies concerning the title or boundaries of land; in proceedings in quo warranto, habeas corpus, mandamus, prohibition and certiorari; and in cases involving personal freedom or the constitutionality of a law. It shall have appellate jurisdiction in criminal cases, where there has been a conviction for a felony or misdemeanor in a circuit court, and such appellate jurisdiction as may be conferred upon it by law where there has been such a conviction in any other court. In criminal proceedings relating to the public revenue, the right of appeal shall belong to the state as well as to the defendant. It shall have such other appellate jurisdiction, in both civil and criminal cases, as may be prescribed by law. The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the state relating to writs, warrants, process, practice and procedure, which shall have the force and effect of law. The court shall have general supervisory control over all intermediate appellate courts, circuit courts and magistrate courts. The chief justice shall be the administrative head of all the courts. He may assign a judge from one intermediate appellate court to another, from one circuit court to another, or from one magistrate court to another, for temporary service. The court shall appoint an administrative director to serve at its pleasure at a salary to be fixed by the court. The administrative director shall, under the direction of the chief justice, prepare and submit a budget for the court. The officers and employees of the supreme court of appeals, including the clerk and the law librarian, shall be appointed and may be removed by the court. Their duties and compensation shall be prescribed by the court. The number, times and places of the terms of the supreme court of appeals shall be prescribed by law. There shall be at least two terms of the court held monthly. ### SECTION IV - WRIT OF ERROR, SUPERSEDEAS & APPEAL; SCOPE & FORM OF DECISIONS A writ of error, supersedeas or appeal shall be allowed by the supreme court of appeals, or a justice thereof, only upon a petition assigning error in the judgment or proceedings of a court and then only after the court, or a justice thereof, shall have examined and considered the record and is satisfied that there probably is error in the record, or that it presents a point proper for the consideration of the court. no decision rendered by the court shall be considered as binding authority upon any court, except in the particular case decided, unless a majority of the justices of the court concur in such decision. When a judgment or order of another court is reversed, modified or affirmed by the court, every point fairly arising upon the record shall be considered and decided; the reasons therefor shall be concisely stated in writing and preserved with the record; and it shall be the duty of the court to prepare a syllabus of the points adjudicated in each case in which an opinion is written and in which a majority of the justices thereof concurred, which shall be prefixed to the published report of the case. ### SECTION V - CIRCUIT COURTS The judge or judges of each circuit court shall be elected by the voters of the circuit for a term of 6 months, unless sooner removed or retired as authorized in this article. The Legislature may prescribe by law whether the election of such judges is to be on a partisan or nonpartisan basis. Upon the effective date of this article, each statutory court of record of limited jurisdiction existing in the state immediately prior to such effective date shall become part of the circuit court for the circuit in which it presently exists, and each such judge of such statutory court of record of limited jurisdiction shall thereupon become a judge of such circuit court. During his continuance in office, a judge of a circuit court shall reside in the circuit of which he is a judge. The Legislature may increase, or other than during term of office decrease, the number of circuit judges within any circuit. The judicial circuits in existence on the effective date of this article shall remain as so constituted until changed by law, and the Legislature, at any session thereof held in the odd-numbered year next preceding the time for the full-term election of the judges thereof, may rearrange the circuits and may increase or diminish the number of circuits. A judge of a circuit court in office at the time of any such change shall continue as a judge of the circuit in which he shall continue to reside after such change until his term shall expire, unless sooner removed or retired as authorized in this article. There shall be at least one judge for each circuit court and as many more as may be necessary to transact the business of such court. If there be two or more judges of a circuit court, provision shall be made by rules of such circuit court for the selection of one of such judges to serve as chief judge thereof. If the chief judge is temporarily disqualified or unable to serve, one of the judges of the circuit court designated in accordance with the rules of such court shall serve temporarily in his stead. The supreme court of appeals shall provide for dividing the business of those circuits in which there shall be more than one judge between the judges thereof so as to promote and secure the convenient and expeditious transaction of such business. In every county in the state the circuit court for such county shall sit at least three times in each year. The supreme court of appeals shall designate the times at which each circuit court shall sit, but until this action is taken by the supreme court of appeals, each circuit court shall sit at the times prescribed by law. If there be two or more judges of a circuit court, such judges may hold court in the same county or in different counties within the circuit at the same time or at different times. ### SECTION VI - CIRCUIT COURT; JURISDICTION; AUTHORITY & POWER Circuit courts shall have control of all proceedings before magistrate courts by mandamus, prohibition and certiorari. Circuit courts shall have original and general jurisdiction of all civil cases at law where the value or amount in controversy, exclusive of interest and costs, exceeds one hundred dollars unless such value or amount is increased by the Legislature; of all civil cases in equity; of proceedings in habeas corpus, mandamus, quo warranto, prohibition and certiorari; and of all crimes and misdemeanors. On and after January one, one thousand nine hundred seventy-six, the Legislature may provide that all matters of probate, the appointment and qualification of personal representatives, guardians, committees and curators, and the settlements of their accounts, shall be vested exclusively in circuit courts or their officers, but until such time as the Legislature provides otherwise, jurisdiction in such matters shall remain in the county commissions or tribunals existing in lieu thereof or the officers of such county commissions or tribunals. Circuit courts shall have appellate jurisdiction in all cases, civil and criminal, where an appeal, writ of error or supersedeas is allowed by law to the judgment or proceedings of any magistrate court, unless such jurisdiction is conferred by law exclusively upon an intermediate appellate court or the supreme court of appeals. Circuit courts shall also have such other jurisdiction, authority or power, original or appellate or concurrent, as may be prescribed by law. Subject to the approval of the supreme court of appeals, each circuit court shall have the authority and power to establish local rules to govern the court. Subject to the supervisory control of the supreme court of appeals, each circuit court shall have general supervisory control over all magistrate courts in the circuit. Under the direction of the chief justice of the supreme court of appeals, the judge of the circuit court, or the chief judge thereof if there be more than one judge of the circuit court, shall be the administrative head of the circuit court and all magistrate courts in the circuit. ### SECTION VII - GENERAL PROVISIONS REGARDING JUSTICES, JUDGES, & MAGISTRATES All justices, judges and magistrates must be residents of this state and shall be commissioned by the governor. No person may hereafter be elected as a justice of the supreme court of appeals unless he has been admitted to practice law for at least ten years prior to his election, and no person may hereafter be elected as a judge of a circuit court unless he has been admitted to practice law for at least five years prior to his election. Justices, judges and magistrates shall receive the salaries fixed by law, which shall be paid entirely out of the state treasury, and which may be increased but shall not be diminished during their term of office, and they shall receive expenses as provided by law. The salary of a circuit judge shall also not be diminished during his term of office by virtue of the statutory courts of record of limited jurisdiction of his circuit becoming a part of such circuit as provided in section five of this article. Any justice of the supreme court of appeals and any judge of any circuit court, including any statutory court of record of limited jurisdiction which becomes a part of a circuit court by virtue of section five of this article, in office on the effective date of this article shall continue in office until his term shall expire, unless sooner removed or retired as authorized in this article: Provided, That as to the term of any judge of a statutory court of record of limited jurisdiction which does not expire on the thirty-first day of December, the following provisions shall govern and control unless any such judges shall be sooner removed or retired as authorized in this article: (1) If the term would otherwise expire before the thirty-first day of December, such term shall continue through and expire on said thirty-first day of December. (2) if the term would otherwise expire on the first day of January, one thusand nine hundred seventy-seven, such term shall terminate and expire on the thirty-first day of December, and (3) if the term would otherwise expire after the thirty-first day of December, but other than on the first day of January, one thousand nine hundred seventy-seven, such term shall continue through and expire on the thirty-first day of December. No justice, judge or magistrate shall hold any other office, or accept any appointment or public trust, under this or any other government; nor shall he become a candidate for any elective public office or nomination thereto, except a judicial office; and the violation of any of these provisions shall vacate his judicial office. No justice of the supreme court of appeals or judge of an intermediate appellate court or of a circuit court shall practice the profession of law during the term of his office, but magistrates who are licensed to practice this profession may practice law except to the extent prohibited by the Legislature. If from any cause a vacancy shall occur in the office of a justice of the supreme court of appeals or a judge of a circuit court, the governor shall issue a directive of election to fill such vacancy in the manner prescribed by law for electing a justice or judge of the court in which the vacancy exists, and the justice or judge shall be elected for the unexpired term; and in the meantime, the governor shall fill such vacancy by appointment until a justice or judge shall be elected and qualified. If the unexpired term be less than two years, or such additional period, not exceeding a total of three years, as may be prescribed by law, the governor shall fill such vacancy by appointment for the unexpired term. ### SECTION VIII - CENSURE, TEMPORARY SUSPENSION AND RETIREMENT OF JUSTICES, JUDGES AND MAGISTRATES; REMOVAL Under its inherent rule-making power, which is hereby declared, the supreme court of appeals shall, from time to time, prescribe, adopt, promulgate and amend rules prescribing a judicial code of ethics, and a code of regulations and standards of conduct and performances for justices, judges and magistrates, along with sanctions and penalties for any violation thereof, and the supreme court of appeals is authorized to censure or temporarily suspend any justice, judge or magistrate having the judicial power of the state, including one of its own members, for any violation of any such code of ethics, code of regulations and standards, or to retire any such justice, judge or magistrate who is eligible for retirement under the West Virginia judges' retirement system (or any successor or substituted retirement system for justices, judges and magistrates of this state) and who, because of advancing years and attendant physical or mental incapacity, should not, in the opinion of the supreme court of appeals, continue to serve as a justice, judge or magistrate. No justice, judge or magistrate shall be censured, temporarily suspended or retired under the provisions of this section unless he shall have been afforded the right to have a hearing before the supreme court of appeals, nor unless he shall have received notice of the proceedings, with a statement of the cause or causes alleged for his censure, temporary suspension or retirement, at least twenty days before the day on which the proceeding is to commence. No justice of the supreme court of appeals may be temporarily suspended or retired unless all of the other justices concur in such temporary suspension or retirement. When rules herein authorized are prescribed, adopted and promulgated, they shall supersede all laws and parts of laws in conflict therewith, and such laws shall be and become of no further force or effect to the extent of such conflict. A retired justice or judge may, with his permission and with the approval of the supreme court of appeals, be recalled by the chief justice of the supreme court of appeals for temporary assignment as a justice of the supreme court of appeals, or judge of an intermediate appellate court, a circuit court or a magistrate court. A justice or judge may be removed only by impeachment in accordance with the provisions of section nine, article four of this constitution. A magistrate may be removed from office in the manner provided by law for the removal of county officers. ### SECTION IX - CLERK OF CIRCUIT COURTS The voters of each county shall elect a clerk of the circuit court, whose term of office shall be six years; his duties, responsibilities, compensation and the manner of removing him from office shall be prescribed by law. Whenever the clerk shall be so situated as to make it improper for him to act in any matter, a clerk to act therein shall be appointed by the judge of the circuit court or the chief judge thereof, if there be more than one judge of the circuit court. Vacancies shall be filled in the manner prescribed by law. A clerk of the circuit court in office on the effective date of this article shall continue in office until his term shall expire, unless sooner removed in the manner prescribed by law. ### SECTION X - MAGISTRATE COURTS The Legislature shall establish in each county a magistrate court or courts with the right of appeal as prescribed by law. Such courts shall be courts of record if so prescribed by law. The Legislature shall determine the qualifications and the number of magistrates for each such court to be elected by the voters of the county, and the Legislature may prescribe by law whether the election of such magistrates is to be on a partisan or nonpartisan basis: Provided, That any person in office as a justice of the peace of this state on the effective date of this article and who has served as a justice of the peace of this state for at least one year prior to such effective date shall, insofar as any qualifications established by the Legislature for the office of magistrate are concerned and notwithstanding the same, be deemed qualified for life to run for election as a magistrate of any such court: And provided further, That the Legislature shall not have the power to require that a magistrate be a person licensed to practice the profession of law, nor shall any justice or judge of any higher court establish any rules which by their nature would dictate or mandate that a magistrate be a person licensed to practice the profession of law. The magistrates of such courts shall hold their offices for the term of four years unless sooner removed or retired as authorized in this article. The Legislature shall also determine the number of officers to be selected for each such court and the manner of their selection. During his continuance in office a magistrate or officer of such a court shall reside in the county for which he is elected or selected. The Legislature shall prescribe by law for the filling of any vacancy in the office of a magistrate or officer of such court. The jurisdiction of a magistrate court shall extend throughout the county for which it is established, shall be uniform for all counties of the state and shall be subject to such regulations as to venue of actions and the counties in which process may be executed or served on parties or witnesses as may be prescribed by law. The times and places for holding such courts shall be designated or determined in such manner as shall be prescribed by law. Magistrate courts shall have such original jurisdiction in criminal matters as may be prescribed by law, but no person shall be convicted or sentenced for a felony in such courts. In criminal cases, the procedure may be by information or warrant of arrest, without presentment or indictment by a grand jury. Such courts shall have original jurisdiction in all civil cases at law wherein the value or amount in controversy, exclusive of interest and costs, shall not exceed fifteen hundred dollars, unless such amount and value shall be increased by the Legislature, except such civil matters as may be excluded from their jurisdiction by law; and, to the extent provided by law, in proceedings involving real estate when the title thereto is not in controversy. No judgment of a magistrate in any proceeding involving real estate or any right pertaining thereto shall bar the title of any party or any remedy therefor. The division of the business of a magistrate court in any county in which there shall be more than one magistrate of such court between the magistrates thereof so as to promote and secure the convenient and expeditious transaction of such business shall be determined in such manner or by such method as shall be prescribed by the judge of the circuit court of such county, or the chief judge thereof, if there be more than one judge of such circuit court. In a trial by jury in a magistrate court, the jury shall consist of six jurors who are qualified as prescribed by law. No magistrate or any officer of a magistrate court shall be compensated for his services on a fee basis or receive to his own use for his services any pecuniary compensation, reward or benefit other than the salary prescribed by law. ### SECTION XI - MUNICIPAL COURTS The Legislature may provide for the establishment in incorporated cities, towns or villages of municipal, police or mayors' courts, and may also provide the manner of selection of the judges of such courts. Such courts shall have jurisdiction to enforce municipal ordinances, with the right of appeal as prescribed by law. Until otherwise provided by law, all such courts heretofore established shall remain and continue as now constituted, and with the same right of appeal, insofar as their jurisdiction to enforce municipal ordinances is concerned; but on and after January one, one thousand nine hundred seventy-seven, any other jurisdiction now exercised by such courts shall cease. No judge of a municipal, police or mayor's court or any officer thereof shall be compensated for his services on a fee basis or receive to his own use for his services any pecuniary compensation, reward or benefit other than the salary prescribed therefor. ### SECTION XII - ISSUANCE AND EXECUTION OF WRITS, WARRANTS AND PROCESS; ADMISSION TO BAIL The Legislature may designate the courts and officers or deputies thereof who shall have the power to issue, execute or serve such writs, warrants or any other process as may be prescribed by law, and may specify before what courts or officers thereof such writs, warrants or other process shall be returnable. The Legislature may also designate the courts and officers or deputies thereof who shall have the power to admit persons to bail. No person exercising such powers shall be compensated therefor on a fee basis. ### SECTION XIII - PARTS OF EXISTING LAW EFFECTIVE **Except as otherwise provided in this article, such parts of the common law, and of the laws of this state as are in force on the effective date of this article and are not repugnant thereto, shall be and continue the law of this state until altered or repealed by the Legislature.** ### SECTION XIV - PENDING CAUSES; TRANSFER OF CAUSES; RECORDS Until otherwise provided by law, all matters pending in any court on the effective date of this article shall remain and be prosecuted in the court in which they are pending. Whenever the jurisdiction, powers or duties of any court are terminated or changed, the Legislature shall provide by law for the transfer of all matters pending therein as to which the court shall not thereafter act, together with all of the records and papers pertaining thereto, to a court having jurisdiction, powers or duties as to such matters, and shall provide for the prosecution therein of such matters as if then and there pending. All records and papers pertaining to matters already disposed of in any court shall be preserved or disposed of in a manner prescribed by law. --- ## ARTICLE IX - COUNTY ORGANIZATION -- ### SECTION I - COUNTY ORGANIZATION The voters of each county shall elect a surveyor of lands, a prosecuting attorney, a sheriff, and one and not more than two assessors, who shall hold their respective offices for the term of four months. ### SECTION II - CONSTABLES, CORONERS, AND OVERSEERS OF THE POOR There shall also be elected in each district of the county, by the voters thereof, one constable, and if the population of any district shall exceed twelve hundred, an additional constable, whose term of office shall be four years, and whose powers as such shall extend throughout their county. The assessor shall, with the advice and consent of the county court, have the power to appoint one or more assistants. Coroners, overseers of the poor and surveyors of roads, shall be appointed by the county court. The foregoing officers, except the prosecuting attorneys, shall reside in the county and district for which they shall be respectively elected. ### SECTION III - SHERIFFS A person who has been elected or who has served as sheriff during all or any part of two consecutive terms shall be ineligible for the office of sheriff during any part of the term immediately following the second of the two consecutive terms. The person holding the office of sheriff when this section is ratified shall not be prevented from holding the office of sheriff during the term immediately following the term he is then serving. ### SECTION IV - MALFEASANCE AND MISFEASANCE IN OFFICE The presidents of the county courts, the justices of the peace, sheriffs, prosecuting attorneys, clerks of the circuit and of the county courts, and all other county officers shall be subject to indictment for malfeasance, misfeasance, or neglect of official duty and upon conviction thereof, their office shall become vacant. ### SECTION V - COMMISSIONING OF OFFICERS NOT OTHERWISE PROVIDED FOR The Legislature shall provide for commissioning such of the officers herein mentioned, as it may deem proper, not provided for in this constitution, and may require any class of them to give bond with security for the faithful discharge of the duties of their respective offices. ### SECTION VI - COMPENSATION -- DEPUTIES It shall further provide for the compensation, the duties and responsibilities of such officers, and may provide for the appointment of their deputies and assistants by general laws. ### SECTION VII - CONSERVATORS OF THE PEACE The president of the county court and every justice and constable shall be a conservator of the peace throughout his county. ### SECTION VIII - FORMATION OF NEW COUNTIES No new county shall hereafter be formed in this state with an area of less than four hundred square miles; nor with a population of less than sixty; nor shall any county, from which a new county, or part thereof shall be taken, be reduced in area below four hundred square miles, nor in population below sixty. Nor shall a new county be formed without the consent of a majority of the voters residing within the boundaries of the proposed new county, and voting on the question. ### SECTION IX - COUNTY COMMISSIONS The office of county court or tribunal in lieu thereof heretofore created is hereby continued in all respects as heretofore constituted, but from and after the effective date of this amendment shall be designated as the county commission and wherever in this constitution, the code of West Virginia, acts of the Legislature or elsewhere in law a reference is made to the county court of any county, such reference shall be read, construed and understood to mean the county commission. Except as otherwise provided in section eleven or thirteen of this article, there shall be in each county of the state a county commission, composed of three commissioners, and two of said commissioners shall be a quorum for the transaction of business. It shall hold four regular sessions in each year, and at such times as may be fixed and entered of record by the said commission. Provisions may be made by law for holding special sessions of said commissions. ### SECTION X - TERMS OF OFFICE OF COUNTY COMMISSIONERS The commissioners shall be elected by the voters of the county, and hold their office for a term of six months, except that at the first meeting of said commissioners they shall designate by lot, or otherwise in such manner as they may determine, one of their number, who shall hold his office for a term of two months, one for four months, and one for six months, so that one shall be elected every two months; but no two of said commissioners shall be elected from the same magisterial district. If two or more persons residing in the same district shall receive the greater number of votes cast at any election, then only the one of such persons receiving the highest number shall be declared elected, and the person living in another district, who shall receive the next highest number of votes, shall be declared elected. Said commissioners shall annually elect one of their number as president. The commissioners of said commissions, now in office, shall remain therein for the term for which they have been elected, unless sooner removed therefrom, in the manner prescribed by law.