The emigrant aid journal of Minnesota. [volume] (Nininger City, Minn. Terr. [i.e. Minn.]) 1856-1858, 1857-09-12

deposite in banks, or exchange for other fund, any por-
ton of the funds of the state, every such act shall be
xdjudged to be an embezzlement Of so much Of the state
funds as shall be thus taken, and shall be declared q
felony and any failure to pay over or produce the state
or school funds Entrusted to such persons, on demand,
shall be held and taken to be prima facie evidence Of
such embezzlement.
Sec. Ii. The Legislature may, by a ~two-thirds vote,
pass a General Banking law, with the following restric-
tons and requirements, viz =
First, The Legislature shall have no power to pass
any law sanctioning in any manner directly or indirect
ly, the suspension Of specie payments by any person, as
ISOLATION or corporation issuing bank notes of any de-
%scription.
Second, The Legislature shall provide by law for the
registry of all bills or notes issued or put into circula-
ton as money, and shall require ample security in Uni
ted State stock or state stocks for the redemption Of the
same in specie, and in case of a depreciation Of said
stocks or any part thereof to the amount of ten per cent.
or more on the dollar, the bank or banks owning said
stocks shall be required to make up said deficiency by
additional stocks.
Third, The stockholders in any corportion or joint
association for banking purposes issuing bank notes, shall
be individually liable in an amount equal to double the
amount Of stock owned by them for all the debts of such
corporation or association, and such individual liability
shall continue for one year after any transfer or sale OF
stock by any stakeholder or stockholders.
Fourth, In case of the insolvency Of any bank or
banking association, the bill holders thereof shall be en-
titled to preference in payment over all other creditors
of such bank or association.
Fifth, Any General Banking Law which may be pass
ed in accordance with this article shall provide for re-
cording the names of all stockholders in such corpora
tions, the amount of stock held by each, the time OF
transfer and by whom transferred.
Article Tenh.-Of Corporations haring no Bdn@t"y
Privileges.
Sec. l. The term Corporations as used in this ar:
ticle shall be construed to include all associations and
Joint stock companies having any of the powers and priv
leges not possessed by individuals or partnership, except
such as embrace banking privileges, and all corporations
shall have the right to sue, and shall be liable to be sued
in all courts in like manner as natural persons.
Sec. .. No corporation shall be formed under specla
acts, except for municipal purposes.
Sec. 3. Each stakeholder in any corporation shat
liable to the amount of the stock held or owne' oy mn. nc
Sec. 4. Lands may be taken for public way, !. VI ~
purpose of granting to any corporation ~ -.sJ
way for public use. In all cases, however, . al aJ
equitable compensation shall be paid tor = 'anu, = ~
the damages arising from the taxing on;na ~. 49,
corporations being common carrie; ;nsoyaee h :; sn -,
Of way in pursuance al OF The mineral, agricultural and
other production "
able terms. ~
.. Eleventh.. Counties and Townships.
sec. l. The Legislature may, from time to time, es
tablish and organize new counties, but no new county
shall contain less than four hundred square miles nor
shall any county be reduced below that amount and all
laws changing county lines in counties already organized,
or for removing county seats shall, before taking effect,
be submitted to the electors of the County or Counties
to be affected thereby, at the next general election after
the passage thereof, and be adopted by a majority of such
electors. Counties now established may be enlarged,
but not reduceded below four hundred (4O0) square
miles.
Sec. ,. The Legislature may organize any city into a
separate county when it has attained a population of
ro~kr l",-oC ,rC,h ,tnNtc ,rIflDuf r~foronoo tO non
graphical extent, when a majority of the electors of the
county in which such city may be situated, voting there
IN, shall he IN favor OF separate organization.
Sec. 3. Laws may be passed providing for the organ
ization, for municipal and other town purposes, of any
Congressional or fractional townships in the several coun.
ties in the State, provided that when a township is divid-
ed by county lines, or does not contain one hundred in
habitants, it may be attached to one or more adjoining
townships or parts of townships for the purpose afore-
said.
Sec. 4. Provisions shall be made by law for the cleo
ton of such County or Township officers as may be
necessary.
Sec. 3. Any County and Township organization shall
have such powers of local taxation as may be prescribed
by law.
Sec. 6. No money shall be drawn from any County or
Township treasury except by authority of law.
Art. 7neyM-Ot the Militia.
Sec. l. 1t shall be the duty of the Legislative Assem-
bly, to pass such laws for the organization, discipline and
service OF Il 1nllltlI ol II ICtAtC, ii NAY W uttulCu
necessary.
article ThitteenM.-hpeneAment and rensor"l from
Office.
Sec. l. The Governor, Secretary of State, J easurer,
Auditor, Attorney General, and the Judges of the Su-
preme and District Courts, may be impeached for cor
Tupt conduct in Office, or for crimes and misdemeanors
but Judgment in such cases shall not extend further than
to removal from Office, and disqualification 10 hold or EN-
JOY any Office Of honor, trust or profit, in this State.
The party convicted thereof shall nevertheless be liable
and subject to indictment, trial, judgment and punish
ment, according to law.
Sec. 2. The Legislature of this State may provide for
the removal of inferior officers from office, for malfeas-
ance or nonfeasancc in the performance of their duties.
Sec. 3. No officer shall exercise the duties Of his Office
after he shall have been i%mpeached aud before his &C.
quittal.
Sec. 1. On the trial of an impeachment against the
Governor, the Lieutenant Governor shall not act as a
member Of the Court.
Sec. 5. No person shall be tried on impeachment be-
fore he shall have been served with a copy thereof at
least twenty days previous to the day set for trial.
Art. Observation-Disclosures to the Constitution.
Sec. |. Whenever a majority of both Houses of the
Legislature shall deem it necessary to alter or amend
this Constitution, they may propose such alterations or
amendments, which proposed amendments shall be pub
lished with the laws which have been passed at the same
session, and said amendments shall be submitted to the
people for their approval or rejection and if it shall
appear in a manner to be provided by law, that a major
ity of the voters present and voting shall have ratified
such alterations and amendments, the same shall be
valid to all intents and purposes, 40 a part of this Con-
%stitution. If two or more alterations or amendments
shall be submitted at the same time, it shall be so regu-
lated that the voters shall vote for or against each sepa-
rAtely.
Sec. 2. Whenever two thirds of the members elected
to each branch of the Legislature shall think it neces,
sarv to call Il Convention to revise this Constitution,
they shall recommend to the electors to vote, at the next
election for members Of the Legislature, for or against a
Convention and if a majority of all the electors voting
at said election, shall have voted for a Convention, the
Legislature shall, at their next session, provide by law
for calling the same. The Convention shall consist of
as many members as the House Of representatives, who
shall be chosen in the same manner, and shall meet with
in three months after their election for the purpose afore-
said.
Art. FjeenM-MsceUoneo"s Subjects.