, 1857-10-09

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p such challenge, or who shall agree to &c
ont of the State to fight a duol, shall be
: ineligible to any Office of trust or profit
5 S 10. No person holding a lucrative
Office or appointment under the United
States or under this State, shall be eligible
to a seat in the legislative assembly; nor
r shall any person hold more than one lucra.
2 tive Office at the same time, except as in
this constitution expressly permitted; Proyi.
e ded, that officers in the militia, to which
: there is attached no annual salary, and the
office of postmaster, where the compensa.
tion does not exceed one hundred dollars
per annum, shall not be deemed lucrative
= 5 IL. No person who may hereafter be
a collector Or holder Of public moneys, shall
be eligible to any Office Of trust or profit
until he shall have accounted for, and paid
over according to law, all sums for which
he may be liable.
s II, In all cases in which it is provided
that an Office shall not be filed by the
same person more than certain number
Of years continuously, an appointment pro
tempore shall not be reckoned a part Of
that term.
l3. In all cases except treason, felony,
and breach Of the peace, electors shall be
free from arrest in going to elections, du-
ring their attendance there, and in return
ing from the same; and 10 elector shall be
obliged to do dnty in the militia on any
day Of election, except in time Of war or
public danger.
STA General elections shall be held on
the first Monday Of June, bicunially.
s l5 In all elections by the legislative
assembly, or by either branch thereof
votes shall be given openly, or viva voce,
until the legislative assembly shall other
wise direct.
I6 In all elections held by the people,
under this Constitution, the person or per
sous who shall receive the highest number
Of votes, shall be declared duly elected.
| H. All qualified electors shall vote in
the election precinct in the county where
they may reside, for county officers, and 10
any county in the State for State officers,
or in any county of Congressional district
in which such electors may reside, for mem-
bers Of Congress.
ARTICLE III.-DISTRIBUTION OF
POWERS.
| SECTION. l. The powers of the govern
ment shall be divided into three separate
departments-th Legislative, the Execu-
tive, including the Administrative, and the
Judicial; aud no person charged with Off
cial duties under one of these departments
shall exercise any of the functions of anoth-
| er, except as in this Constitution expressly
provided
ARTICLE IV.-LEGlSLATIVE.
s l. The legislative authority of the
State shall be vested in the Legislative as
sembly, which shall consist Of a Senate
and House of Representatives. The style
Of every bill shall be-Be it enacted by
the Legislative assembly of the State Of
Oregon, and no law shall be enacted ex-
cept by bill.
g. The Senate shall consist Of sixteen,
and the House Of Representatives of thirty
four members, which number shall not be
increased until tile year eighteen hundred
and sixty, after which time the Legislative
assembly may increase the number of Sena-
tors and Representatives, always keeping
/
number of-Senators and Representatives
Provided that the Senate shall never ex-
ceed thirty and the. House Of Representa-
lives sixty members.
3. The Senators and Representatives
shall be chosen by the electors of the res
pective counties, or districts, into which
the State may, from time to time, be divi-
ded by law
S4, The Senators shall be elected for
the term Of four years, and Representatives
for the term of two years from the day
next after their general election. Provided,
however, that the Senators elect at the
first session of the Legislative assembly un-
der this constitution shall he divided by
lot into two equal classes, as nearly as may
be, and the seats Of Senators Of the first
class shall be vacated at the expiration Of
four years; so that one-hali as nearly as
possible, shall be chosen biennially, forever
thereafter And in case Of the increase Of
the number Of Senators, they shall be so
annexed by lot to one or the other Of the
two classes as 10 keep them as nearly equal
as possible.
4 s 5. The Legislative assembly shall, in
the year eighteen hundred aud sixty-iive
and every ten years after, cause an enumcr.
alton to be made of all the white popula.
ton of the State.
s 6. The number of Senators and
f Representatives shall, at the session next
. following an enumeration Of the inhabi-
, tants by the United States or this State
be fixed by law, and apportioned among
the several counties according to the nun
Der of white population in each. And the
ratio of Senators aud Representatives shall
? be determined by dividing the whole mum
/ Der Of white population by the number Of
: Senators and Representatives respectively
and the number Of Senators and Represen
tatyes by which any county or district
, shall be entitled, shall be determined by
dividing the whole number of white popu
e lation of such county or district by sucl
, respective ratios; and when fraction shal