Daily Yellowstone journal., 1889-09-25

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laws of the state. The state treasurer
shall not be eligible to his office for the
succeeding term.
SEC. >. The officers provided for in
section I of this article shall he elected
bv the qualified electors of the state at
the time and place of voting for mem,
| beers of the legislative assembly, and the
persons respectively having the highest
number Of votes for the office voted for
shall be elected; but If two or more shall
have an equal and the highest number
of votes for any one of said offices, the
two houses of the legislative assembly,
ut its next regular session, shall forth
with by Joint ballot elect one of such
persons for said office. The returns of
election for The officers named in section
shall be made in such manner a. NAV
he prescribed by law, and all contested
elections of the same, other than pro.
vidcd for in this section. shall he deter
mined a. NAV be prescribed BY law.
SEC. 3. No person shall be eligible to
the office of governor lieutcnant-gov-
crnor or superintendent of public in
struCtion unless he shall have attained
the age of thirty years at the time of his
election. nor To the Office of secretary of
state. state auditor or state treasurer
unless he shall have attained the age of
twenty-five years, nor TO the office of
Encouragement unless he shall have
attained the age of thirty years and have
been admitted To- practice in the supreme
court of the state or territory of Mon
tana. and be in good standing at the time
Of his election. In addition to the quail
ifications above prescribed, each of the
officers named shall be a citizen of the
United States and have resided within
the state or territory two years next pre-
ccding his election.
SEC. 4. Until otherwise provided by
law, the Governor, Secretary of State,
State auditor, Treasurer, Attorncv-gcuer-
al and Superintendent of Public Instruc-
ton. shall quarterly, a due, during their
continuance in office, receive for their ser
vices compensation, which j. fixed as
follows: Governor, five thousand dol
lars per annum; Secretary of State.
three thousand dollars per mum
Acknowledgement, three thousand dol
lars per annum State Treasurer, three
thousand dollars per annutu State Audi-
tor, three thousand dollars per annum /:
Superintendent of Public Instruction,
two thousand five hundred dollars per
annum. The Licutenant-G Governor shall
receive the same per diem as may be
prescribed nv law for the Speaker of the
Legislative Assembly, to- be allowed only
during the sessiod of the Lcgis-
lative Assembly. The compcnsa-
tons enumerated shall be in full for all
services BY said officers respectively rem
dcrcd in any official capacity or employ
mcnt whatever during their respective
terms of office, and the salary of no Off
cial shall be increased during his term
of office. No officer named in this sec
ton shall receive, for the performance
of any official duty, any fee for his own
use, but all fees fixed by law for the per
formance nv any officer of any official
duty, shall be collected in advance and
deposited with the State Treasurer quar-
tcrly to the credit of the State. No OIL
Ger mentioned in this section shall be
eligible to, or hold any other public
office, except member of the State Board
of Education during his term of office.
SEC. :. The supreme executive power
of the state shall be vested in the gov
ernor, who shall see that the laws are
faithfully executed.
SEC. o. The governor shall be COM
mander-in-chief of the militia forces of
the state, except when these forces are
in the actual service of the United States,
and hall have power to call out any
part or the whole of said forces to aid in
the execution of the laws, to suppress in
surrcction or to rcPcl invasion.
SEC. Z. The governor shall nominate
and, by and with the consent of the sen
ate, appoint all officers whose offices arc
established by this constitution, or which
NAV be created hv law, and whose APP
pointment or election j. not otherwise
provided for. If during a recess of the
senate a vacancy occur in any such office
the governor shall appoint some III per-
son to discharge the duties thereof until
the next meeting of the senate, when he
I'll 60. - 81 a..aI.
office. IL the office of secretary of state,
state auditor, state treasurer, attorney
general, or superintendent of public in
Struction shall be vacated by death, res
iguation or otherwise, ii shall be the
duty of the governor To fill the same by
appointment, and the appointcc shall
hold his office until his successor shall
be elected and qualified.
SEC. s. The legislative assembly shall
provide for a state examiner, who shall
be appointed by the governor and con
iirmcd BY the senate Ills duty shall be
to examine the account of state treaSu-
rrr, supreme court clerks, district
court clerks and all county treasurers,
and trcasurcrs of such other public insti-
tutions a. may be prescribed by law, and
he shall perform such other duties a.
the legislative assembly NAV prescribe.
lie shall report at least once a wear and
oftcncr if required To such officers as
may be designated by the Legislative as
scmbly. His compensation shall be fixed
by law.
SEC. o. The governor shall have the
power TO grant pardons. absolute or con-
ditional, and To remit fines and forfei,ures,
and to grant commutation of puni>hmcnts
and rc>pitcs after conviction and judy
mcnt for any ~offcnscs committed against
the criminal laws of this state; ProJi6ed,
hoac5ty, that before granting pardons,
renting fines and forfciturcs or com
muting punishmCnts, the action of the
governor concerning the same shall be
approved by a board, or a majority
thereof, composed of the secretary of
state. Encouragement and state auditor,
who shall be known a the board of par
dons. The legislative assembly shall by
law prescribe the sessions of said board
and regulate the proceedings thereof.
But no fine or forfciturcs shall be remit
ted and no communication OF pardon
granted except upon the approval of n
majority of said board after a full hear
ing in open session and until notice of
the time and place of such hearing. and
of the relief sought, shall have been
given by publication in some newspaper
of general circulation in the county
where the crime was committed, NJ least
once a week for two weeks. The pro-
ccedings and decisions of the board shall
be reduced to writing, and with their
reasons for their action in each case, and
the dissent of any member who may dis
agree, signed by them and filed, with all
papers used upon the hearing, in the of
flee of the Secretary of State. The Gov
ernor shall communicate 10 the LegiS-
lative Assembly, at each regular scs-
sion, each case of remission of fine or
forfeiture, repTicyc, communication or
pardon granted since he last previous
report, stating the name of the convict,
the crime of which he was convicted,
the sentence and its date, and the date
of remission, communication, pardon or re-
prieve, with the reasons for granting the
same and the objections, il any, of any
member of the board made thereto.
SEC. 10. The Governor may require