, 1889-08-01

Mr.Turner-I move that the committee
report the preamble back TO the. con-
vention with recommendation that 1t
be recSmmisted to % the committee Oh
Section was taken up. All political
power abides with the people and gov
ernments derive their Just powers nom
the consent of the governed and are es-
tablished to protect and maintain indi-
vidual rights. Eldredge moved to de-
clare that all political power is inherent
in the people. Adopted-Ayes 20, noes
%. The section WIS adopted. :.
Section 2 says the constitution OF the
United States is the supreme law OF the
land.
Mr.. Buchanan moved to strike out
this section as a mere declaration OF
power and not of any right OF the people.
Lost. Section adopted
Section 8, saying, no persons shall be
deprived of life, liberty or property with
out due process of law, was adopted.
Section reads, the right of petition,
and of the people peaceably to assemble
for the common good, shall never be
Eldredge moved to strike out "for the
common good" Lost and the section
adopted.
Sections 8 to s. inclusive were adopted
as follows: Section 8, every person may
fully speak, write and, publish on all
of that right section o, the mode OF adj
ministerinS an oath or affirmation shall
| be such AS may be most consistent with
| and binding upon the conscience OF the
person to whom iuch oath or affirmation
may be administered; section 7, no per
son shall be disturbed in his private
affairs, or his home invaded, without
authority of law; section 8, no, law
granting irravocably any privilege,
franchise or immunity shall be passed
by the legislature.
In section ., which provided that no
person shall be compelled in any Grim
inal case to give evidence against hlm-
self or be twice put in jeapordy for the
same offonse, Goldman moved an amend
fnent which failed.
Section 10, that justice in all cases
shall be administered openly and with
out unnecessary delay was adopted,
Section IL was read as follows: Abso-
lutte freedom of conscience in all mat
ters of religious sentiment, belief and
worship shall be guaranteed TO every in
dividual, and no one shall be molested
or disturbed in person, or property on
account of religion, but the liberty
of conscience hereby secured shall
not be so construed as to
the peace and safety OF the state. No
public money or property shall be .ap-
propriated for or applied to any religious
worship, exercise or instruction, or the
support of any religious establishment.
No religious qualifications shall be, re-
quired for any public office or employ
rnent, nor shall any person be incom-
petent as witness or Il juror in conse-
quence fhis opinion on matters OF re-
ligion, nor be questioned in any court of
justice touching his religious belief 10
effect the weight of his testimony.
Several amendments were offered but
none prefixed and the section was
adopted.
Section 10, prohibiting special privi-
leges TO any citizen, class of citizens or
corporations, was adopted.
Section 13, prohibiting the suspension
of the writ of habeas corpus, was
adopted.
Section IA says excessive bail shall not
be required, excessive fines imposed nor
cruel punishment inflicted.
Gritfitts asked why the ordinary phrase
"cruel or unusual punishment" was not
used.
Warner said the committee thought
the word cruel was sufficient.
Griffitts was opposed to executions by
electricity and moved to insert "or un-
usual"
Section 10, no conviction shall work
corruption of blood nor forfeiture of es-
tate, was adopted.
Section 16 prohibiting the taking of
private property for private uses except
for private ways of necessity and the
taking of private property for public uses
except upon compensation, was read.
Turner moved to strike out the words
"except for private ways of necessity -
Crowley said that private ways were
sometimes necessary to land, which
could not be reached in any other way.
Turner said that was exactly the
point. Such way should not be made
at the expense OF other private property
When buying land SO situated right OF
way should be included in the purchase.
Messrs. Power, Sullivan of Whitman, T.
NJ. Reed, Cosgrove, Warner and Come
gys opposed the amendment, and Stur-
devant, Griftitts, Blalock, Turner and
Buchanan favored 1t.
Mr.. Blalock moved TO amend by strik-
ing out still more, viz: AL the words
out by Mr.. Turner, but the chair ruled
that the motion was out of order. The
amendment was lost--ayes IL, noes not
counted.
j. NJ. Reed moved to strike out words
which seemed to allow municipal cor
porations TO take private property for
public uses without paying for IT,. Lost
Ayes 16, noes %, apparently without an
effort to understand the point and in
implicit reliance in the committee. Sec
tion adopted.
Section II reads There shall be no
imprisonment for debt except in cases Of
abscondng debtors.
Over asked If this wouldn't allow men
to escape imprisonment for unpaid
fines, etc.
Warner said no; this was only applic.
able to civil cases. The section was
adopted.
Section 1s, the military shall be in
strict subordination to the civil power,
was passed.
Section 10 reads: No power of sus-
pending the law shall be exercised by
the legislature.
Mr.. Schooley moved to strike out the
section.
Cosgrove suggested that the legsla-
ture has no power to spend but only to
enact laws.
Lindsey asked If this would not pre-
vent theygovernor from declaring mar
| tial law.
Buchanan was afraid 1t would.
Warner said 1t wasn't necessary to
allow even the governog to suspend the
law. He could call the legislature to-
gether if he wanted to do that.
Turner and Gritfitts thought this
would prevent the governor from de-
claring martial law.
Hoyt said If that was SO then the sec
ton
DID NO GOOD ANYHOW.
Cosgrove thought the section full of
| danger anyhow. 1T was stricken out.
Section 20 declares that all elections
shall bp free and eurlol