The age-herald., 1901-09-20

cnancery division is created more than six months prior to a general election Tor any State officer, the Governor may ap- point the judges thereof, and the ap- pointee holds until the appointees sue sessor is elected al such election. Soiiei- sors for each judicial circuit or other ter ritorial subdivision prescribed by the Legislature are to be elected by the quail fed electors. A solicitor for any partleu- lar county may be elected by the qualiieo electors or appointed by the Governor, as the Legislature may prescribe
 Where one or more precincts lie within or partly within a city or town having noe less than 1500 inhabitants the Begfs- lature may provide for the election Of not moS0 than two justices of the peace and one constable for each precinct, or In lieu s3 all justices of the peace therein may provide an inferior court with very limited civil and criminal jurisdiction. The Legislature shall prescribe uniform fees for justices and constables through out the State In prosecutions for rape or assault with intent to rape, the court, in it's discretion, may exclude from the courtroom GN persons except such as may be necessary in the conduct of the trial. The Legislature has power to abol- ish all courts except the Supreme and the probate courts, when their Jurisdiction and functions have been conferred on some other court but not so as to abridge the term of any officer now in of flee. Registers in chancery are required to have resided in the district at the time of their appointment and for one year preceding and their fees shall be uniform throughout the State.
 The Legislature is left free to change or abolish constitutional courts, except the Supreme and Probate Courts, and pre- s.I.I. hoC been sometimes done in the past, for counties whose population and wealth could lily bear the cost of maintaining the court
 The new instrument curbs. for the first time, the hitherto unrestricted power or the Legislature to create new courts; and must. therefore, be superior to the old constitution in this respect. Yet there are these who permit themselves to argue that under the lesser and restricted power in the new constitution, there is greater danger of abuses In the creation of new courts than was possible under the great CT and unrestrained power to increase them, under the old instrument. Appre- hensions in this respect, if sincerely en- tertained, will disappear by the most casual reading of the two instruments
 Municipal Corporations.
 There are great changes under this head for the protection of the citizen Streets and public places of cities and towns, cannot be used for any public utility or private enterprises without the consent of the proper authorities. The Legislature is forbidden to allow the pay ment of a privilege or license tax to the state which will relieve from the pay ment of all privilege taxes or licenses un- der it's laws. Bonds cannot hereafter be issued by cities, counties or towns un- less first authorized by a majority vote of the qualified electors. with the excep- tion of bond issues for streets. sidewalks. and sanitary storm sewers, the cost Of which is wholly or in part assessed against the abutting property. Cities. and towns are forbidden to assess abutting property for the cost of sidewalks. paw ing and sewers in excess of the in creased value derived by the property therefrom. Hereafter, no county shall become liable for an amount including existing indebtedness greater than 3h per centum of the assessed value of the property therein. Cities and towns with a population of less than 6000 people can not hereafter incur an indebtedness ex- ceeding 5 per cent of the assessed value of the property therein, save for the pur- chase and constructing of water, gas and electric lighting plants, sewer and street Improvements for which purposes an ad- ditional per centum on the value of the property therein may be created. Cities and towns having a population of COCO or more Inhabitants, are forbidden to be- come indebted. including the present in debtedness, exceeding per cent of the assessed value of the property therein; not including in such indebtedness de- fined amount of temporary loans payable within a year out of the years taxes, or bonds already issued, or hereafter issued for school houses water works and sew CTS street and sidewalk Improvements. when the latter are assessed against the abutting property Cities and towns whose present indebtedness exceeds the limitation shall not incur further indebt- edness, except as to certain towns speci- fled in the article. Owners of franchises or public utilities are liable to the abut- ting proprietors for the actual damage done them by the construction or opera tion of public utilities. Cities and towns with population of more than 5000 are forbidden to grant the right to use streets and public places for water or gas works, telephone and telegraph lines. electric light or power plants. or steam or heat ing plants, street railroads or other public utility, except railroads other than street railroads for a longer period than thirty years.
 Banks and Banking.
 Banks shall be established under gen eral banking lave and =
 circulate as money, equal in amount to the ldoe alur upon aSposle u4iue- lations specified with the State Treasurer. These banks must cease operations with in twenty years and close business, unless the charter is renewed. The Legislature is required to provide for the examina- tion by public officer of banking institu- tions and trust companies or individuals engaged in the banking business, and re- quirement Is made of a report by them under oath, at least twice year, of their resources and liabilities.
 lmpeachmcnts.
 The provisions of the existing constitu- tion have been changed to obviate tho difficulties growing out of the definition, "habitual drunkenness" so as to cover intemperance in the use of liquors or mar cotics and to measure the offense in view of the dignity of the office and the im- portance of its duties Sheriffs have been added to the officers who may be im- peached before the Supreme Court; and the failure of sheriffs or deputies to pro- tect prisoners from mob violence is made an impeachable offense Provision has been made when the Legislature Is not in session, for the assembling of the House of Representatives to consider the impeachment of any person administering the office of Governor, and for converting the Senate to try articles of impeachment if preferred by the House. If the Gov ernor or Lieutenant Governor be inn peached, the chief justice, or( in event of his absence or disqualification, an asso- ciate justice selected by the Supreme Court, presdes
 Representation.