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+The Project Gutenberg EBook of Constitution of the State of North Carolina
+and Copy of the Act of the General Assembly Entitled An Act to Amend the Constitution of the State of North Carolina, by North Carolina
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Constitution of the State of North Carolina and Copy of the Act of the General Assembly Entitled An Act to Amend the Constitution of the State of North Carolina
+
+Author: North Carolina
+
+Release Date: September 5, 2010 [EBook #33638]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK CONSTITUTION OF NORTH CAROLINA ***
+
+
+
+
+Produced by Bryan Ness and the Online Distributed
+Proofreading Team at https://www.pgdp.net. (This book was
+produced from scanned images of public domain material
+from the Google Print project.)
+
+
+
+
+
+
+
+
+CONSTITUTION
+
+OF THE
+
+STATE OF NORTH CAROLINA
+
+AND COPY OF THE ACT OF THE GENERAL ASSEMBLY, ENTITLED
+
+AN ACT TO AMEND THE CONSTITUTION OF THE STATE OF NORTH CAROLINA
+
+(CHAPTER 81, PUBLIC LAWS, EXTRA SESSION OF 1913)
+
+ISSUED FROM THE OFFICE OF THE
+
+SECRETARY OF STATE
+RALEIGH
+
+BY AUTHORITY OF THE
+GENERAL ASSEMBLY
+
+RALEIGH
+
+EDWARDS & BROUGHTON PRINTING COMPANY
+STATE PRINTERS AND BINDERS
+1914
+
+
+Received through the
+Bureau for Municipal Research
+
+
+
+
+By direction of the General Assembly, this pamphlet is furnished for
+distribution to, and the information of, citizens of the State of North
+Carolina. It contains the Constitution of the State of North Carolina as
+it now stands, and shows, on page 39 and the pages following, the
+proposed amendments, and a copy of the official ballot. Additional
+copies of this pamphlet may be had upon application to the County Clerk
+of Court, or to the Secretary of State, Raleigh.
+
+
+
+
+CONSTITUTION OF THE STATE OF NORTH CAROLINA
+
+
+PREAMBLE.
+
+[Sidenote: Preamble.]
+
+We, the people of the State of North Carolina, grateful to Almighty God,
+the Sovereign Ruler of Nations, for the preservation of the American
+Union, and the existence of our civil, political and religious
+liberties, and acknowledging our dependence upon Him for the continuance
+of those blessings to us and our posterity, do for the more certain
+security thereof, and for the better government of this State, ordain
+and establish this Constitution:
+
+
+ARTICLE I.
+
+DECLARATION OF RIGHTS.
+
+That the great, general and essential principles of liberty and free
+government may be recognized and established, and that the relations of
+this State to the Union and Government of the United States, and those
+of the people of this State to the rest of the American people, may be
+defined and affirmed, we do declare:
+
+[Sidenote: The equality and rights of men.]
+
+SECTION 1. That we hold it to be self-evident that all men are created
+equal; that they are endowed by their Creator with certain inalienable
+rights; that among these are life, liberty, the enjoyment of the fruits
+of their own labor, and the pursuit of happiness.
+
+[Sidenote: Political power and government.]
+
+SEC. 2. That all political power is vested in, and derived from, the
+people; all government of right originates from the people, is founded
+upon their will only, and is instituted solely for the good of the
+whole.
+
+[Sidenote: Internal government of the State.]
+
+SEC. 3. That the people of this State have the inherent, sole and
+exclusive right of regulating the internal government and police
+thereof, and of altering and abolishing their Constitution and form of
+government whenever it may be necessary for their safety and happiness;
+but every such right should be exercised in pursuance of law, and
+consistently with the Constitution of the United States.
+
+[Sidenote: That there is no right to secede.]
+
+SEC. 4. That this State shall ever remain a member of the American
+Union; that the people thereof are a part of the American Nation; that
+there is no right on the part of the State to secede, and that all
+attempts, from whatever source or upon whatever pretext, to dissolve
+said Union, or to sever said Nation, ought to be resisted with the whole
+power of the State.
+
+[Sidenote: Of allegiance to the U. S. government.]
+
+SEC. 5. That every citizen of this State owes paramount allegiance to
+the Constitution and government of the United States, and that no law or
+ordinance of the State in contravention or subversion thereof can have
+any binding force.
+
+[Sidenote: Public debt.]
+
+[Sidenote: Bonds issued under ordinance of Convention of 1868 and under
+acts of 1868, 1868-'69, 1869-'70, declared invalid.]
+
+[Sidenote: Exception.]
+
+SEC. 6. The State shall never assume or pay, or authorize the collection
+of any debt or obligation, express or implied, incurred in aid of
+insurrection or rebellion against the United States, or any claim for
+the loss or emancipation of any slave; nor shall the General Assembly
+assume or pay, or authorize the collection of any tax to pay, either
+directly or indirectly, expressed or implied, any debt or bond incurred,
+or issued, by authority of the Convention of the year one thousand eight
+hundred and sixty-eight, nor any debt or bond incurred or issued by the
+Legislature of the year one thousand eight hundred and sixty-eight, at
+its special session of the year one thousand eight hundred and
+sixty-eight, or at its regular sessions of the years one thousand eight
+hundred and sixty-eight and one thousand eight hundred and sixty-nine
+and one thousand eight hundred and seventy, except the bonds issued to
+fund the interest on the old debt of the State, unless the proposing to
+pay the same shall have first been submitted to the people and by them
+ratified by the vote of a majority of all the qualified voters of the
+State, at a regular election held for that purpose.
+
+[Sidenote: Exclusive emoluments, etc.]
+
+SEC. 7. No man or set of men are entitled to exclusive or separate
+emoluments or privileges from the community but in consideration of
+public services.
+
+[Sidenote: The legislative, executive and judicial powers distinct.]
+
+SEC. 8. The legislative, executive and supreme judicial powers of the
+government ought to be forever separate and distinct from each other.
+
+[Sidenote: Of the power of suspending laws.]
+
+SEC. 9. All power of suspending laws, or the execution of laws, by any
+authority, without the consent of the representatives of the people, is
+injurious to their rights, and ought not to be exercised.
+
+[Sidenote: Elections free.]
+
+SEC. 10. All elections ought to be free.
+
+[Sidenote: In criminal prosecutions.]
+
+SEC. 11. In all criminal prosecutions, every man has the right to be
+informed of the accusation against him and to confront the accusers and
+witnesses with other testimony, and to have counsel for his defense, and
+not to be compelled to give evidence against himself, or to pay costs,
+jail fees, or necessary witness fees of the defense, unless found
+guilty.
+
+[Sidenote: Answers to criminal charges.]
+
+SEC. 12. No person shall be put to answer any criminal charge, except as
+hereinafter allowed, but by indictment, presentment or impeachment.
+
+[Sidenote: Right of jury.]
+
+SEC. 13. No person shall be convicted of any crime but by the unanimous
+verdict of a jury of good and lawful men in open court. The Legislature
+may, however, provide other means of trial for petty misdemeanors, with
+the right of appeal.
+
+[Sidenote: Excessive bail.]
+
+SEC. 14. Excessive bail should not be required, nor excessive fines
+imposed, nor cruel or unusual punishments inflicted.
+
+[Sidenote: General warrants.]
+
+SEC. 15. General warrants, whereby any officer or messenger may be
+commanded to search suspected places, without evidence of the act
+committed, or to seize any person or persons not named, whose offense is
+not particularly described and supported by evidence, are dangerous to
+liberty and ought not to be granted.
+
+[Sidenote: Imprisonment for debt.]
+
+SEC. 16. There shall be no imprisonment for debt in this State, except
+in cases of fraud.
+
+[Sidenote: No person to be taken, etc., but by law of the land.]
+
+SEC. 17. No person ought to be taken, imprisoned, or disseized of his
+freehold, liberties or privileges, or outlawed or exiled, or in any
+manner deprived of his life, liberty or property, but by the law of the
+land.
+
+[Sidenote: Persons restrained of liberty.]
+
+SEC. 18. Every person restrained of his liberty is entitled to a remedy
+to enquire into the lawfulness thereof, and to remove the same, if
+unlawful; and such remedy ought not to be denied or delayed.
+
+[Sidenote: Controversies at law respecting property.]
+
+SEC. 19. In all controversies at law respecting property, the ancient
+mode of trial by jury is one of the best securities of the rights of the
+people, and ought to remain sacred and inviolable.
+
+[Sidenote: Freedom of the press.]
+
+SEC. 20. The freedom of the press is one of the great bulwarks of
+liberty, and therefore ought never to be restrained, but every
+individual shall be held responsible for the abuse of the same.
+
+[Sidenote: Habeas corpus.]
+
+SEC. 21. The privileges of the writ of _habeas corpus_ shall not be
+suspended.
+
+[Sidenote: Property qualification.]
+
+SEC. 22. As political rights and privileges are not dependent upon, or
+modified by, property, therefore no property qualification ought to
+affect the right to vote or hold office.
+
+[Sidenote: Representation and taxation.]
+
+SEC. 23. The people of the State ought not to be taxed, or made subject
+to the payment of any impost or duty, without the consent of themselves,
+or their representatives in General Assembly freely given.
+
+[Sidenote: Militia and the right to bear arms.]
+
+SEC. 24. A well regulated militia being necessary to the security of a
+free State, the right of the people to keep and bear arms shall not be
+infringed; and, as standing armies in time of peace are dangerous to
+liberty, they ought not to be kept up, and the military should be kept
+under strict subordination to, and governed by, the civil power. Nothing
+herein contained shall justify the practice of carrying concealed
+weapons, or prevent the Legislature from enacting penal statutes against
+said practice.
+
+[Sidenote: Right of the people to assemble together.]
+
+SEC. 25. The people have a right to assemble together to consult for
+their common good, to instruct their representatives, and to apply to
+the Legislature for redress of grievances. But secret political
+societies are dangerous to the liberties of a free people, and should
+not be tolerated.
+
+[Sidenote: Religious liberty.]
+
+SEC. 26. All men have a natural and inalienable right to worship
+Almighty God according to the dictates of their own consciences, and no
+human authority should, in any case whatever, control or interfere with
+the rights of conscience.
+
+[Sidenote: Education.]
+
+SEC. 27. The people have the right to the privilege of education, and it
+is the duty of the State to guard and maintain that right.
+
+[Sidenote: Elections should be frequent.]
+
+SEC. 28. For redress of grievances, and for amending and strengthening
+the laws, elections should be often held.
+
+[Sidenote: Recurrence to fundamental principles.]
+
+SEC. 29. A frequent recurrence to fundamental principles is absolutely
+necessary to preserve the blessings of liberty.
+
+[Sidenote: Hereditary emoluments, etc.]
+
+SEC. 30. No hereditary emoluments, privileges or honors ought to be
+granted or conferred in this State.
+
+[Sidenote: Perpetuities, etc.]
+
+SEC. 31. Perpetuities and monopolies are contrary to the genius of a
+free State and ought not to be allowed.
+
+[Sidenote: Ex post facto laws.]
+
+SEC. 32. Retrospective laws, punishing acts committed before the
+existence of such laws, and by them only declared criminal, are
+oppressive, unjust and incompatible with liberty; wherefore no _ex post
+facto_ law ought to be made. No law taxing retrospectively sales,
+purchases, or other acts previously done, ought to be passed.
+
+[Sidenote: Slavery prohibited.]
+
+SEC. 33. Slavery and Involuntary servitude, otherwise than for crime,
+whereof the parties shall have been duly convicted, shall be and are
+hereby forever prohibited within the State.
+
+[Sidenote: State boundaries.]
+
+SEC. 34. The limits and boundaries of the State shall be and remain as
+they now are.
+
+[Sidenote: Courts shall be open.]
+
+SEC. 35. All courts shall be open; and every person for an injury done
+him in his lands, goods, person or reputation, shall have remedy by due
+course of law, and right and justice administered without sale, denial
+or delay.
+
+[Sidenote: Soldiers in time of peace.]
+
+SEC. 36. No soldier shall, in time of peace, be quartered in any house
+without the consent of the owner; nor in time of war but in a manner
+prescribed by the law.
+
+[Sidenote: Other rights of the people.]
+
+SEC. 37. This enumeration of rights shall not be construed to impair or
+deny others retained by the people; and all powers not herein delegated
+remain with the people.
+
+
+ARTICLE II.
+
+LEGISLATIVE DEPARTMENT.
+
+[Sidenote: Two branches.]
+
+SECTION 1. The legislative authority shall be vested in two distinct
+branches, both dependent on the people, to wit, a Senate and House of
+Representatives.
+
+[Sidenote: Time of assembling.]
+
+SEC. 2. The Senate and House of Representatives shall meet biennially on
+the first Wednesday after the first Monday in January next after their
+election; and, when assembled, shall be denominated the General
+Assembly. Neither House shall proceed upon public business unless a
+majority of all the members are actually present.
+
+[Sidenote: Number of senators.]
+
+SEC. 3. The Senate shall be composed of fifty Senators, biennially
+chosen by ballot.
+
+[Sidenote: Regulations in relation to districting the State for
+senators.]
+
+SEC. 4. The Senate Districts shall be so altered by the General
+Assembly, at the first session after the return of every enumeration by
+order of Congress, that each Senate District shall contain, as near as
+may be, an equal number of inhabitants, excluding aliens and Indians not
+taxed, and shall remain unaltered until the return of another
+enumeration, and shall at all times consist of contiguous territory; and
+no county shall be divided in the formation of a Senate District, unless
+such county shall be equitably entitled to two or more Senators.
+
+[Sidenote: Regulations in relation to apportionment of representatives.]
+
+SEC. 5. The House of Representatives shall be composed of one hundred
+and twenty Representatives, biennially chosen by ballot, to be elected
+by the counties respectively, according to their population, and each
+county shall have at least one Representative in the House of
+Representatives, although it may not contain the requisite ratio of
+representation; this apportionment shall be made by the General Assembly
+at the respective times and periods when the districts of the Senate are
+hereinbefore directed to be laid off.
+
+[Sidenote: Ratio of representation.]
+
+SEC. 6. In making the apportionment in the House of Representatives, the
+ratio of representation shall be ascertained by dividing the amount of
+the population of the State, exclusive of that comprehended within those
+counties which do not severally contain the one hundred and twentieth
+part of the population of the State, by the number of Representatives,
+less the number assigned to such counties; and in ascertaining the
+number of the population of the State, aliens and Indians not taxed
+shall not be included. To each county containing the said ratio and not
+twice the said ratio, there shall be assigned one Representative; to
+each county containing two but not three times the said ratio, there
+shall be assigned two Representatives, and so on progressively, and then
+the remaining representatives shall be assigned severally to the
+counties having the largest fractions.
+
+[Sidenote: Qualifications for senators.]
+
+SEC. 7. Each member of the Senate shall not be less than twenty-five
+years of age, shall have resided in the State as a citizen two years,
+and shall have usually resided in the district for which he is chosen
+one year immediately preceding his election.
+
+[Sidenote: Qualifications for representatives.]
+
+SEC. 8. Each member of the House of Representatives shall be a qualified
+elector of the State, and shall have resided in the county for which he
+is chosen for one year immediately preceding his election.
+
+[Sidenote: Election of officers.]
+
+SEC. 9. In the election of all officers, whose appointment shall be
+conferred upon the General Assembly by the Constitution, the vote shall
+be _viva voce_.
+
+[Sidenote: Powers in relation to divorce and alimony.]
+
+SEC. 10. The General Assembly shall have the power to pass general laws
+regulating divorce and alimony, but shall not have power to grant a
+divorce or secure alimony in any individual case.
+
+[Sidenote: Private laws in relation to names of persons, etc.]
+
+SEC. 11. The General Assembly shall not have power to pass any private
+law to alter the name of any person, or to legitimate any person not
+born in lawful wedlock, or to restore to the rights of citizenship any
+person convicted of an infamous crime, but shall have power to pass
+general laws regulating the same.
+
+[Sidenote: Thirty days' notice shall be given anterior to passage of
+private laws.]
+
+SEC. 12. The General Assembly shall not pass any private law, unless it
+shall be made to appear that thirty days' notice of application to pass
+such a law shall have been given, under such direction and in such
+manner as shall be provided by law.
+
+[Sidenote: Vacancies.]
+
+SEC. 13. If vacancies shall occur in the General Assembly by death,
+resignation or otherwise, writs of election shall be issued by the
+Governor under such regulations as may be prescribed by law.
+
+[Sidenote: Revenue.]
+
+SEC. 14. No law shall be passed to raise money on the credit of the
+State, or to pledge the faith of the State, directly or indirectly, for
+the payment of any debt, or to impose any tax upon the people of the
+State, or allow the counties, cities or towns to do so, unless the bill
+for the purpose shall have been read three several times in each House
+of the General Assembly and passed three several readings, which
+readings shall have been on three different days, and agreed to by each
+House respectively, and unless the yeas and nays on the second and third
+readings of the bill shall have been entered on the journal.
+
+[Sidenote: Entails.]
+
+SEC. 15. The General Assembly shall regulate entails in such manner as
+to prevent perpetuities.
+
+[Sidenote: Journals.]
+
+SEC. 16. Each House shall keep a journal of its proceedings, which shall
+be printed and made public immediately after the adjournment of the
+General Assembly.
+
+[Sidenote: Protest.]
+
+SEC. 17. Any member of either House may dissent from and protest against
+any act or resolve, which he may think injurious to the public, or any
+individual, and have the reasons of his dissent entered on the journal.
+
+[Sidenote: Officers of the House.]
+
+SEC. 18. The House of Representatives shall choose their own Speaker and
+other officers.
+
+[Sidenote: President of the Senate.]
+
+SEC. 19. The Lieutenant-Governor shall preside in the Senate, but shall
+have no vote unless it may be equally divided.
+
+[Sidenote: Other senatorial officers.]
+
+SEC. 20. The Senate shall choose its other officers and also a Speaker
+(_pro tempore_) in the absence of the Lieutenant-Governor, or when he
+shall exercise the office of Governor.
+
+[Sidenote: Style of the acts.]
+
+SEC. 21. The style of the acts shall be: "The General Assembly of North
+Carolina do enact."
+
+[Sidenote: Powers of the General Assembly.]
+
+SEC. 22. Each House shall be judge of the qualifications and election of
+its own members, shall sit upon its own adjournment from day to day,
+prepare bills to be passed into laws; and the two Houses may also
+jointly adjourn to any future day or other place.
+
+[Sidenote: Bills and resolutions to be read three times, etc.]
+
+SEC. 23. All bills and resolutions of a legislative nature shall be read
+three times in each House, before they pass into laws; and shall be
+signed by the presiding officers of both Houses.
+
+[Sidenote: Oath of members].
+
+SEC. 24. Each member of the General Assembly, before taking his seat,
+shall take an oath or affirmation that he will support the Constitution
+and laws of the United States, and the Constitution of the State of
+North Carolina, and will faithfully discharge his duty as a member of
+the Senate or House of Representatives.
+
+[Sidenote: Terms of office.]
+
+SEC. 25. The terms of office for Senators and members of the House of
+Representatives shall commence at the time of their election.
+
+[Sidenote: Yeas and nays.]
+
+SEC. 26. Upon motion made and seconded in either House by one-fifth of
+the members present, the yeas and nays upon any question shall be taken
+and entered upon the journals.
+
+[Sidenote: Election for members of the General Assembly.]
+
+SEC. 27. The election for members of the General Assembly shall be held
+for the respective districts and counties, at the places where they are
+now held, or may be directed hereafter to be held, in such manner as may
+be prescribed by law, on the first Thursday in August, in the year one
+thousand eight hundred and seventy, and every two years thereafter. But
+the General Assembly may change the time of holding the elections.
+
+[Sidenote: Pay of members and officers of the General Assembly.]
+
+[Sidenote: Extra session.]
+
+SEC. 28. The members of the General Assembly for the term for which they
+have been elected shall receive as a compensation for their services the
+sum of _four dollars_ per day for each day of their session, for a
+period not exceeding sixty days; and should they remain longer in
+session they shall serve without compensation. They shall also be
+entitled to receive ten cents per mile, both while coming to the seat of
+government and while returning home, the said distance to be computed by
+the nearest line or route of public travel. The compensation of the
+presiding officers of the two Houses shall be six dollars per day and
+mileage. Should an extra session of the General Assembly be called, the
+members and presiding officers shall receive a like rate of compensation
+for a period not exceeding twenty days.
+
+
+ARTICLE III.
+
+EXECUTIVE DEPARTMENT.
+
+[Sidenote: Officers of the Executive Department.]
+
+[Sidenote: Terms of office.]
+
+SECTION 1. The Executive Department shall consist of a Governor, in whom
+shall be vested the supreme executive power of the State, a
+Lieutenant-Governor, a Secretary of State, an Auditor, a Treasurer, a
+Superintendent of Public Instruction, and an Attorney-General, who shall
+be elected for a term of four years by the qualified electors of the
+State, at the same time and places and in the same manner as members of
+the General Assembly are elected. Their term of office shall commence on
+the first day of January next after their election, and continue until
+their successors are elected and qualified: _Provided_, that the
+officers first elected shall assume the duties of their office ten days
+after the approval of this Constitution by the Congress of the United
+States, and shall hold their offices four years from and after the first
+day of January.
+
+[Sidenote: Qualifications of Governor and Lieutenant-Governor.]
+
+SEC. 2. No person shall be eligible as Governor or Lieutenant-Governor
+unless he shall have attained the age of thirty years, shall have been a
+citizen of the United States five years, and shall have been a resident
+of this State for two years next before the election; nor shall the
+person elected to either of these two offices be eligible to the same
+office more than four years in any term of eight years, unless the
+office shall have been cast upon him as Lieutenant-Governor or President
+of the Senate.
+
+[Sidenote: Returns of elections.]
+
+SEC. 3. The return of every election for officers of the Executive
+Department shall be sealed up and transmitted to the seat of government
+by the returning officers, directed to the Speaker of the House of
+Representatives, who shall open and publish the same in the presence of
+a majority of the members of both Houses of the General Assembly. The
+person having the highest number of votes respectively shall be declared
+duly elected; but if two or more be equal and highest in votes for the
+same office, one of them shall be chosen by joint ballot of both Houses
+of the General Assembly. Contested elections shall be determined by a
+joint ballot of both Houses of the General Assembly in such manner as
+shall be prescribed by law.
+
+[Sidenote: Oath of office for Governor.]
+
+SEC. 4. The Governor, before entering upon the duties of his office,
+shall, in the presence of the members of both branches of the General
+Assembly, or before any Justice of the Supreme Court, take an oath or
+affirmation that he will support the Constitution and laws of the United
+States, and of the State of North Carolina, and that he will faithfully
+perform the duties appertaining to the office of Governor, to which he
+has been elected.
+
+[Sidenote: Duties of Governor.]
+
+SEC. 5. The Governor shall reside at the seat of government of this
+State, and he shall, from time to time, give the General Assembly
+information of the affairs of the State, and recommend to their
+consideration, such measures as he shall deem expedient.
+
+[Sidenote: Reprieves, commutations and pardons.]
+
+SEC. 6. The Governor shall have power to grant reprieves, commutations
+and pardons, after conviction, for all offenses (except in cases of
+impeachment), upon such conditions as he may think proper, subject to
+such regulations as may be provided by law relative to the manner of
+applying for pardons. He shall biennially communicate to the General
+Assembly each case of reprieve, commutation or pardon granted, stating
+the name of each convict, the crime for which he was convicted, the
+sentence and its date, the date of the commutation, pardon or reprieve
+and the reasons therefor.
+
+[Sidenote: Annual reports from officers of Executive Department and of
+public institutions.]
+
+SEC. 7. The officers of the Executive Department and of the public
+institutions of the State shall, at least five days previous to each
+regular session of the General Assembly, severally report to the
+Governor, who shall transmit such reports with his message to the
+General Assembly; and the Governor may, at any time, require information
+in writing from the officers in the Executive Department upon any
+subject relating to the duties of their respective offices, and shall
+take care that the laws be faithfully executed.
+
+[Sidenote: Commander in chief.]
+
+SEC. 8. The Governor shall be Commander in Chief of the militia of the
+State, except when they shall be called into the service of the United
+States.
+
+[Sidenote: Extra sessions of General Assembly.]
+
+SEC. 9. The Governor shall have power, on extraordinary occasions, by
+and with the advice of the Council of State, to convene the General
+Assembly in extra session by his proclamation, stating therein the
+purpose or purposes for which they are thus convened.
+
+[Sidenote: Officers whose appointments are not otherwise provided for.]
+
+SEC. 10. The Governor shall nominate and, by and with the advice and
+consent of a majority of the Senators-elect, appoint all officers whose
+offices are established by this Constitution and whose appointments are
+not otherwise provided for.
+
+[Sidenote: Duties of the Lieutenant-Governor.]
+
+SEC. 11. The Lieutenant-Governor shall be President of the Senate, but
+shall have no vote unless the Senate is equally divided. He shall,
+whilst acting as President of the Senate, receive for his services the
+same pay which shall, for the same period, be allowed to the Speaker of
+the House of Representatives; and he shall receive no other compensation
+except when he is acting as Governor.
+
+[Sidenote: In case of impeachment of Governor, or vacancy caused by
+death or resignation.]
+
+SEC. 12. In case of the impeachment of the Governor, his failure to
+qualify, his absence from the State, his inability to discharge the
+duties of his office, or, in case the office of Governor shall in any
+wise become vacant, the powers, duties and emoluments of the office
+shall devolve upon the Lieutenant-Governor until the disability shall
+cease or a new Governor shall be elected and qualified. In every case in
+which the Lieutenant-Governor shall be unable to preside over the
+Senate, the Senators shall elect one of their own number President of
+their body; and the powers, duties and emoluments of the office of
+Governor shall devolve upon him whenever the Lieutenant-Governor shall,
+for any reason, be prevented from discharging the duties of such office
+as above provided, and he shall continue as acting Governor until the
+disabilities are removed, or a new Governor or Lieutenant-Governor shall
+be elected and qualified. Whenever, during the recess of the General
+Assembly, it shall become necessary for the President of the Senate to
+administer the government, the Secretary of State shall convene the
+Senate, that they may select such President.
+
+[Sidenote: Duties of other executive officers.]
+
+SEC. 13. The respective duties of the Secretary of State, Auditor,
+Treasurer, Superintendent of Public Instruction, and Attorney-General
+shall be prescribed by law. If the office of any of said officers shall
+be vacated by death, resignation or otherwise, it shall be the duty of
+the Governor to appoint another until the disability be removed or his
+successor be elected and qualified. Every such vacancy shall be filled
+by election at the first general election that occurs more than thirty
+days after the vacancy has taken place, and the persons chosen shall
+hold the office for the remainder of the unexpired term fixed in the
+first section of this article.
+
+[Sidenote: Council of State.]
+
+SEC. 14. The Secretary of State, Auditor, Treasurer, and Superintendent
+of Public Instruction shall constitute, _ex officio_, the Council of
+State, who shall advise the Governor in the execution of his office, any
+three of whom shall constitute a quorum. Their advice and proceedings in
+this capacity shall be entered in a journal to be kept for this purpose
+exclusively, and signed by the members present, from any part of which
+any member may enter his dissent; and such journal shall be placed
+before the General Assembly when called for by either House. The
+Attorney-General shall be, _ex officio_, the legal adviser of the
+Executive Department.
+
+[Sidenote: Compensation of executive officers.]
+
+SEC. 15. The officers mentioned in this article shall, at stated
+periods, receive for their services a compensation to be established by
+law, which shall neither be increased nor diminished during the time for
+which they shall have been elected, and the said officers shall receive
+no other emolument or allowance whatever.
+
+
+[Sidenote: Seal of State.]
+
+SEC. 16. There shall be a seal of the State, which shall be kept by the
+Governor, and used by him as occasion may require, and shall be called
+"The Great Seal of the State of North Carolina." All grants and
+commissions shall be issued in the name and by the authority of the
+State of North Carolina, sealed with "The Great Seal of the State,"
+signed by the Governor and counter-signed by the Secretary of State.
+
+[Sidenote: Department of Agriculture, Immigration and Statistics.]
+
+SEC. 17. The General Assembly shall establish a Department of
+Agriculture, Immigration and Statistics, under such regulations as may
+best promote the agricultural interests of the State, and shall enact
+laws for the adequate protection and encouragement of sheep husbandry.
+
+
+ARTICLE IV.
+
+JUDICIAL DEPARTMENT.
+
+[Sidenote: Abolishes the distinction between actions at law and suits in
+equity.]
+
+[Sidenote: Feigned issues abolished.]
+
+SECTION 1. The distinctions between actions at law and suits in equity,
+and the forms of all such actions and suits, shall be abolished; and
+there shall be in this State but one form of action for the enforcement
+or protection of private rights or the redress of private wrongs, which
+shall be denominated a civil action; and every action prosecuted by the
+people of the State as a party against a person charged with a public
+offense, for the punishment of the same, shall be termed a criminal
+action. Feigned issues shall also be abolished, and the fact at issue
+tried by order of Court before a jury.
+
+[Sidenote: Division of Judicial powers.]
+
+SEC. 2. The judicial power of the State shall be vested in a Court for
+the Trial of Impeachments, a Supreme Court, Superior Courts, Courts of
+Justices of the Peace, and such other courts inferior to the Supreme
+Court as may be established by law.
+
+[Sidenote: Trial court of impeachment.]
+
+SEC. 3. The Court for the Trial of Impeachments shall be the Senate. A
+majority of the members shall be necessary to a quorum, and the
+judgment shall not extend beyond removal from and disqualification to
+hold office in this State; but the party shall be liable to indictment
+and punishment according to law.
+
+[Sidenote: Impeachment.]
+
+SEC. 4. The House of Representatives solely shall have the power of
+impeaching. No person shall be convicted without the concurrence of
+two-thirds of the Senators present. When the Governor is impeached, the
+Chief Justice shall preside.
+
+[Sidenote: Treason against the State.]
+
+SEC. 5. Treason against the State shall consist only in levying war
+against it, or adhering to its enemies, giving them aid and comfort. No
+person shall be convicted of treason unless on the testimony of two
+witnesses to the same overt act, or on confession in open court. No
+conviction of treason or attainder shall work corruption of blood or
+forfeiture.
+
+[Sidenote: Supreme court justices.]
+
+SEC. 6. The Supreme Court shall consist of a Chief Justice and four
+Associate Justices.
+
+[Sidenote: Terms of the supreme court.]
+
+SEC. 7. The terms of the Supreme Court shall be held in the city of
+Raleigh, as now, unless otherwise provided by the General Assembly.
+
+[Sidenote: Jurisdiction of supreme court.]
+
+SEC. 8. The Supreme Court shall have jurisdiction to review, upon
+appeal, any decision of the courts below, upon any matter of law or
+legal inference. And the jurisdiction of said Court over "issues of
+fact" and "questions of fact" shall be the same exercised by it before
+the adoption of the Constitution of one thousand eight hundred and
+sixty-eight, and the Court shall have the power to issue any remedial
+writs necessary to give it a general supervision and control over the
+proceedings of the inferior courts.
+
+[Sidenote: Claims against the State.]
+
+SEC. 9. The Supreme Court shall have original jurisdiction to hear
+claims against the State, but its decisions shall be merely
+recommendatory; no process in the nature of execution shall issue
+thereon; they shall be reported to the next session of the General
+Assembly for its action.
+
+[Sidenote: Judicial districts for superior courts.]
+
+SEC. 10. The State shall be divided into nine judicial districts, for
+each of which a judge shall be chosen; and there shall be held a
+Superior Court in each county at least twice in each year, to continue
+for such time in each county as may be prescribed by law. But the
+General Assembly may reduce or increase the number of districts.
+
+[Sidenote: Residences of judges, rotation in judicial districts, and
+special terms.]
+
+SEC. 11. Every judge of the Superior Court shall reside in the district
+for which he is elected. The judges shall preside in the courts of the
+different districts successively, but no judge shall hold the courts in
+the same district oftener than once in four years; but in case of the
+protracted illness of the judge assigned to preside in any district, or
+of any other unavoidable accident to him, by reason of which he shall be
+unable to preside, the Governor may require any judge to hold one or
+more specified terms in said district, in lieu of the judge assigned to
+hold the courts of the said district.
+
+[Sidenote: Jurisdiction of courts inferior to supreme court.]
+
+SEC. 12. The General Assembly shall have no power to deprive the
+Judicial Department of any power or jurisdiction which rightfully
+pertains to it as a coordinate department of the government; but the
+General Assembly shall allot and distribute that portion of this power
+and jurisdiction which does not pertain to the Supreme Court, among
+other Courts prescribed in this Constitution or which may be established
+by law, in such manner as it may deem best; provide also a proper system
+of appeals, and regulate by law, when necessary, the methods of
+proceedings in the exercise of their powers, of all the courts below the
+Supreme Court, so far as the same may be done without conflict with
+other provisions of this Constitution.
+
+[Sidenote: In case of waiver of trial by jury.]
+
+SEC. 13. In all issues of fact, joined in any court, the parties may
+waive the right to have the same determined by a jury, in which case the
+finding of the judge upon the facts shall have the force and effect of a
+verdict by a jury.
+
+[Sidenote: Special courts in cities.]
+
+SEC. 14. The General Assembly shall provide for the establishment of
+special courts, for the trial of misdemeanors, in cities and towns where
+the same may be necessary.
+
+[Sidenote: Clerk of supreme court.]
+
+SEC. 15. The Clerk of the Supreme Court shall be appointed by the Court,
+and shall hold his office for eight years.
+
+[Sidenote: Election of superior court clerk.]
+
+SEC. 16. A Clerk of the Superior Court for each county shall be elected
+by the qualified voters thereof, at the time and in the manner
+prescribed by law for the election of members of the General Assembly.
+
+[Sidenote: Term of office.]
+
+SEC. 17. Clerks of the Superior Courts shall hold their offices for four
+years.
+
+[Sidenote: Fees, salaries and emoluments.]
+
+SEC. 18. The General Assembly shall prescribe and regulate the fees,
+salaries and emoluments of all officers provided for in this article;
+but the salaries of the judges shall not be diminished during their
+continuance in office.
+
+[Sidenote: What laws are and shall be in force.]
+
+SEC. 19. The laws of North Carolina, not repugnant to this Constitution
+or the Constitution and laws of the United States, shall be in force
+until lawfully altered.
+
+[Sidenote: Disposition of actions at law and suits in equity, pending
+when this Constitution shall go into effect, etc.]
+
+SEC. 20. Actions at law, and suits in equity, pending when this
+Constitution shall go into effect, shall be transferred to the courts
+having jurisdiction thereof, without prejudice by reason of the change;
+and all such actions and suits commenced before, and pending at the
+adoption by the General Assembly of the rules of practice and procedure
+herein provided for, shall be heard and determined according to the
+practice now in use, unless otherwise provided for by said rules.
+
+[Sidenote: Justices supreme court, election of.]
+
+SEC. 21. The Justices of the Supreme Court shall be elected by the
+qualified voters of the State, as is provided for the election of
+members of the General Assembly. They shall hold their offices for eight
+years. The judges of the Superior Courts, elected at the first election
+under this amendment, shall be elected in like manner as is provided for
+Justices of the Supreme Court, and shall hold their offices for eight
+years. The General Assembly may, from time to time, provide by law that
+the judges of the Superior Courts, chosen at succeeding elections,
+instead of being elected by the voters of the whole State, as is herein
+provided for, shall be elected by the voters of their respective
+districts.
+
+[Sidenote: Transaction of business in the superior court.]
+
+SEC. 22. The Superior Courts shall be at all times open for the
+transaction of all business within their jurisdiction, except the trial
+of issues of fact requiring a jury.
+
+[Sidenote: Solicitors for each judicial district.]
+
+SEC. 23. A solicitor shall be elected for each judicial district by the
+qualified voters thereof, as is prescribed for members of the General
+Assembly, who shall hold office for the term of four years, and
+prosecute on behalf of the State, in all criminal actions in the
+Superior Courts, and advise the officers of justice in his district.
+
+[Sidenote: Sheriffs and coroners.]
+
+SEC. 24. In each county a sheriff and coroner shall be elected by the
+qualified voters thereof, as is prescribed for members of the General
+Assembly, and shall hold their offices for two years. In each township
+there shall be a constable elected in like manner by the voters thereof,
+who shall hold his office for two years. When there is no coroner in a
+county, the clerk of the Superior Court for the county may appoint one
+for special cases. In case of a vacancy existing for any cause in any of
+the offices created by this section, the commissioners of the county may
+appoint to such office for the unexpired term.
+
+[Sidenote: Vacancies.]
+
+SEC. 25. All vacancies occurring in the offices provided for by this
+article of the Constitution shall be filled by the appointment of the
+Governor, unless otherwise provided for, and the appointees shall hold
+their places until the next regular election for members of the General
+Assembly, when elections shall be held to fill such offices. If any
+person, elected or appointed to any of said offices, shall neglect and
+fail to qualify, such offices shall be appointed to, held and filled as
+provided in case of vacancies occurring therein. All incumbents of said
+offices shall hold until their successors are qualified.
+
+[Sidenote: Terms of office of first officers under this article.]
+
+SEC. 26. The officers elected at the first election held under this
+Constitution shall hold their offices for the terms prescribed for them
+respectively, next ensuing after the next regular election for members
+of the General Assembly. But their terms shall begin upon the approval
+of this Constitution by the Congress of the United States.
+
+[Sidenote: Jurisdiction of justices of the peace.]
+
+SEC. 27. The several justices of the peace shall have jurisdiction,
+under such regulations as the General Assembly shall prescribe, of civil
+actions, founded on contract, wherein the sum demanded shall not exceed
+two hundred dollars, and wherein the title to real estate shall not be
+in controversy; and of all criminal matters arising within their
+counties where the punishment can not exceed a fine of fifty dollars or
+imprisonment for thirty days. And the General Assembly may give to
+justices of the peace jurisdiction of other civil actions, wherein the
+value of the property in controversy does not exceed fifty dollars. When
+an issue of fact shall be joined before a justice, on demand of either
+party thereto, he shall cause a jury of six men to be summoned, who
+shall try the same. The party against whom judgment shall be rendered in
+any civil action may appeal to the Superior Court from the same. In all
+cases of a criminal nature, the party against whom judgment is given may
+appeal to the Superior Court, where the matter shall be heard anew. In
+all cases brought before a justice, he shall make a record of the
+proceedings and file same with the clerk of the Superior Court for his
+county.
+
+[Sidenote: Vacancies in office of justices.]
+
+SEC. 28. When the office of justice of the peace shall become vacant
+otherwise than by expiration of the term, and in case of a failure by
+the voters of any district to elect, the clerk of the Superior Court for
+the county shall appoint to fill the vacancy for the unexpired term.
+
+[Sidenote: Vacancies in office of superior court clerk.]
+
+SEC. 29. In case the office of clerk of a Superior Court for a county
+shall become vacant otherwise than by the expiration of the term, and in
+case of a failure by the people to elect, the judge of the Superior
+Court for the county shall appoint to fill the vacancy until an election
+can be regularly held.
+
+[Sidenote: Officers of other courts inferior to supreme court.]
+
+SEC. 30. In case the General Assembly shall establish other courts
+inferior to the Supreme Court, the presiding officers and clerks thereof
+shall be elected in such manner as the General Assembly may from time to
+time prescribe, and they shall hold their offices for a term not
+exceeding eight years.
+
+[Sidenote: Removal of judges of the various courts for inability.]
+
+SEC. 31. Any judge of the Supreme Court or of the Superior Courts, and
+the presiding officers of such courts inferior to the Supreme Court as
+may be established by law, may be removed from office for mental or
+physical inability, upon a concurrent resolution of two-thirds of both
+Houses of the General Assembly. The judge or presiding officer, against
+whom the General Assembly may be about to proceed, shall receive notice
+thereof, accompanied by a copy of the causes alleged for his removal, at
+least twenty days before the day on which either House of the General
+Assembly shall act thereon.
+
+[Sidenote: Removal of clerks of the various courts for inability.]
+
+SEC. 32. Any clerk of the Supreme Court or of the Superior Courts, or of
+such courts inferior to the Supreme Court as may be established by law,
+may be removed from office for mental or physical inability; the Clerk
+of the Supreme Court by the judges of said Court, the clerks of the
+Superior Courts by the judge riding the district, and the clerks of such
+courts inferior to the Supreme Court as may be established by law by the
+presiding officers of said courts. The clerk against whom proceedings
+are instituted shall receive notice thereof, accompanied by a copy of
+the causes alleged for his removal, at least ten days before the day
+appointed to act thereon, and the clerk shall be entitled to an appeal
+to the next term of the Superior Court, and thence to the Supreme Court
+as provided in other cases of appeals.
+
+[Sidenote: Amendments not to vacate existing offices.]
+
+SEC. 33. The amendments made to the Constitution of North Carolina by
+this Convention shall not have the effect to vacate any office or term
+of office now existing under the Constitution of the State and filled or
+held by virtue of any election or appointment under the said
+Constitution and the laws of the State made in pursuance thereof.
+
+
+ARTICLE V.
+
+REVENUE AND TAXATION.
+
+[Sidenote: Capitation tax.]
+
+[Sidenote: Exemptions.]
+
+SECTION 1. The General Assembly shall levy a capitation tax on every
+male inhabitant in the State over twenty-one and under fifty years of
+age, which shall be equal on each to the tax on property valued at three
+hundred dollars in cash. The commissioners of the several counties may
+exempt from capitation tax in special cases, on account of poverty and
+infirmity, and the State and county capitation tax combined shall never
+exceed two dollars on the head.
+
+[Sidenote: Application of proceeds of State and county capitation tax.]
+
+SEC. 2. The proceeds of the State and county capitation tax shall be
+applied to the purposes of education and the support of the poor, but in
+no one year shall more than twenty-five per cent thereof be appropriated
+to the latter purpose.
+
+[Sidenote: Taxation shall be by uniform rule and ad valorem.]
+
+SEC. 3. Laws shall be passed taxing, by a uniform rule, all moneys,
+credits, investments in bonds, stocks, joint-stock companies, or
+otherwise; and, also, all real and personal property, according to its
+true value in money. The General Assembly may also tax trades,
+professions, franchises, and incomes: _Provided_, that no income shall
+be taxed when the property from which the income is derived is taxed.
+
+[Sidenote: Restrictions upon the increase of the public debt, except in
+certain contingencies.]
+
+SEC. 4. Until the bonds of the State shall be at par, the General
+Assembly shall have no power to contract any new debt or pecuniary
+obligation in behalf of the State, except to supply a casual deficit, or
+for suppressing invasions or insurrections, unless it shall in the same
+bill levy a special tax to pay the interest annually. And the General
+Assembly shall have no power to give or lend the credit of the State in
+aid of any person, association or corporation, except to aid in the
+completion of such railroads as may be unfinished at the time of the
+adoption of this Constitution, or in which the State has a direct
+pecuniary interest, unless the subject be submitted to a direct vote of
+the people of the State, and be approved by the majority of those who
+shall vote thereon.
+
+[Sidenote: Property exemptions from taxation.]
+
+SEC. 5. Property belonging to the State, or to municipal corporations,
+shall be exempt from taxation. The General Assembly may exempt
+cemeteries and property held for educational, scientific, literary,
+charitable or religious purposes; also wearing apparel, arms for muster,
+household and kitchen furniture, the mechanical and agricultural
+implements of mechanics and farmers, libraries and scientific
+instruments, or any other personal property, to a value not exceeding
+three hundred dollars.
+
+[Sidenote: Taxes levied by county commissioners.]
+
+SEC. 6. The taxes levied by the commissioners of the several counties
+for county purposes shall be levied in like manner with the State
+taxes, and shall never exceed the double of the State tax, except for a
+special purpose, and with the special approval of the General Assembly.
+
+[Sidenote: Acts levying taxes shall state objects, etc.]
+
+SEC. 7. Every act of the General Assembly levying a tax shall state the
+special object to which it is to be applied, and it shall be applied to
+no other purpose.
+
+
+ARTICLE VI.
+
+SUFFRAGE AND ELIGIBILITY TO OFFICE.
+
+[Sidenote: Qualifications of elector.]
+
+SECTION 1. Every male person born in the United States, and every male
+person who has been naturalized, twenty-one years of age, and possessing
+the qualifications set out in this article, shall be entitled to vote at
+any election by the people in the State, except as herein otherwise
+provided.
+
+[Sidenote: Qualifications of elector.]
+
+SEC. 2. He shall have resided in the State of North Carolina for two
+years, in the county six months, and in the precinct, ward or other
+election district, in which he offers his vote, four months next
+preceding the election: _Provided_, that removal from one precinct, ward
+or other election district, to another in the same county, shall not
+operate to deprive any person of the right to vote in the precinct, ward
+or other election district from which he has removed until four months
+after such removal. No person who has been convicted, or who has
+confessed his guilt in open court upon indictment, of any crime, the
+punishment of which now is or may hereafter be imprisonment in the
+State's Prison, shall be permitted to vote unless the said person shall
+be first restored to citizenship in the manner prescribed by law.
+
+[Sidenote: Qualification of elector.]
+
+[Sidenote: General Assembly to provide registration laws.]
+
+SEC. 3. Every person offering to vote shall be at the time a legally
+registered voter as herein prescribed and in the manner hereafter
+provided by law, and the General Assembly of North Carolina shall enact
+general registration laws to carry into effect the provisions of this
+article.
+
+[Sidenote: Qualifications of elector to register and vote.]
+
+[Sidenote: Registration of persons entitled to vote without educational
+qualification.]
+
+[Sidenote: Permanent record.]
+
+SEC. 4. Every person presenting himself for registration shall be able
+to read and write any section of the Constitution in the English
+language; and before he shall be entitled to vote he shall have paid, on
+or before the first day of May of the year in which he proposes to vote,
+his poll tax for the previous year as prescribed by Article V, sec. 1,
+of the Constitution. But no male person who was on January 1, 1867, or
+at any time prior thereto, entitled to vote under the laws of any State
+in the United States wherein he then resided, and no lineal descendant
+of any such person shall be denied the right to register and vote at any
+election in this State by reason of his failure to possess the
+educational qualifications herein prescribed: _Provided_, he shall have
+registered in accordance with the terms of this section prior to
+December 1, 1908. The General Assembly shall provide for the
+registration of all persons entitled to vote without the educational
+qualifications herein prescribed, and shall, on or before November 1,
+1908, provide for making of a permanent record of such registration, and
+all persons so registered shall forever thereafter have the right to
+vote in all elections by the people in this State, unless disqualified
+under section 2 of this article: _Provided_, such person shall have paid
+his poll tax as above required.
+
+[Sidenote: Amendment indivisible.]
+
+SEC. 5. That this amendment to the Constitution is presented and adopted
+as one indivisible plan for the regulation of the suffrage, with the
+intent and purpose to so connect the different parts and to make them so
+dependent upon each other that the whole shall stand or fall together.
+
+[Sidenote: Elections by people and General Assembly.]
+
+SEC. 6. All elections by the people shall be by ballot, and all by the
+General Assembly shall be _viva voce_.
+
+[Sidenote: Oath of office.]
+
+SEC. 7. Every voter in North Carolina, except as in this article
+disqualified, shall be eligible to office, but before entering upon the
+duties of the office he shall take and subscribe the following oath:
+
+"I, ____, do solemnly swear (or affirm) that I will support and maintain
+the Constitution and laws of the United States and the Constitution and
+laws of North Carolina not inconsistent therewith, and that I will
+faithfully discharge the duties of my office as ____ So help me, God."
+
+[Sidenote: Disqualification for office.]
+
+SEC. 8. The following classes of persons shall be disqualified for
+office: _First_, all persons who shall deny the being of Almighty God.
+_Second_, all persons who shall have been convicted or confessed their
+guilt on indictment pending, and whether sentenced or not, or under
+judgment suspended, of any treason or felony, or of any other crime for
+which the punishment may be imprisonment in the penitentiary, since
+becoming citizens of the United States, or of corruption or malpractice
+in office, unless such person shall be restored to the rights of
+citizenship in a manner prescribed by law.
+
+[Sidenote: When amendment to take effect.]
+
+SEC. 9. That this amendment to the Constitution shall go into effect on
+the first day of July, nineteen hundred and two, if a majority of votes
+cast at the next general election shall be cast in favor of this
+suffrage amendment.
+
+
+ARTICLE VII.
+
+MUNICIPAL CORPORATIONS.
+
+[Sidenote: County officers.]
+
+SECTION 1. In each county there shall be elected biennially by the
+qualified voters thereof, as provided for the election of members of the
+General Assembly, the following officers: A treasurer, register of
+deeds, surveyor, and five commissioners.
+
+[Sidenote: Duty of county commissioners.]
+
+SEC. 2. It shall be the duty of the commissioners to exercise a general
+supervision and control of the penal and charitable institutions,
+schools, roads, bridges, levying of taxes, and finances of the county,
+as may be prescribed by law. The register of deeds shall be, _ex
+officio_, clerk of the board of commissioners.
+
+[Sidenote: Counties to be divided into districts.]
+
+SEC. 3. It shall be the duty of the commissioners first elected in each
+county to divide the same into convenient districts, and to report the
+same to the General Assembly before the first day of January, 1869.
+
+[Sidenote: Said districts shall have corporate powers as townships.]
+
+SEC. 4. Upon the approval of the reports provided for in the foregoing
+section by the General Assembly, the said districts shall have corporate
+powers for the necessary purposes of local government, and shall be
+known as townships.
+
+[Sidenote: Officers of townships.]
+
+SEC. 5. In each township there shall be biennially elected by the
+qualified voters thereof a clerk and two justices of the peace, who
+shall constitute a board of trustees, and shall, under the supervision
+of the county commissioners, have control of the taxes and finances,
+roads and bridges of the townships, as may be prescribed by law. The
+General Assembly may provide for the election of a larger number of the
+Justices of the Peace in cities and towns and in those townships in
+which cities and towns are situated. In every township there shall also
+be biennially elected a school committee, consisting of three persons,
+whose duties shall be prescribed by law.
+
+[Sidenote: Trustees shall assess property.]
+
+Sec. 6. THE TOWNSHIP BOARD OF TRUSTEES SHALL ASSESS THE TAXABLE property
+of their townships and make returns to the county commissioners for
+revision, as may be prescribed by law. The clerk shall be, _ex officio_,
+treasurer of the township.
+
+[Sidenote: No debt or loan except by a majority of voters.]
+
+SEC. 7. No county, city, town or other municipal corporation shall
+contract any debt, pledge its faith or loan its credit, nor shall any
+tax be levied or collected by any officers of the same except for the
+necessary expenses thereof, unless by a vote of the majority of the
+qualified voters therein.
+
+[Sidenote: Drawing of money.]
+
+SEC. 8. No money shall be drawn from any county or township treasury
+except by authority of law.
+
+[Sidenote: Taxes to be ad valorem.]
+
+SEC. 9. All taxes levied by any county, city, town or township shall be
+uniform and _ad valorem_ upon all property in the same, except property
+exempted by this Constitution.
+
+[Sidenote: When officers enter on duty.]
+
+SEC. 10. The county officers first elected under the provisions of this
+article shall enter upon their duties ten days after the approval of
+this Constitution by the Congress of the United States.
+
+[Sidenote: Governor to appoint justices.]
+
+SEC. 11. The Governor shall appoint a sufficient number of justices of
+the peace in each county, who shall hold their places until sections
+four, five and six of this article shall have been carried into effect.
+
+[Sidenote: Charters to remain in force until legally changed.]
+
+SEC. 12. All charters, ordinances and provisions relating to municipal
+corporations shall remain in force until legally changed, unless
+inconsistent with the provisions of this Constitution.
+
+[Sidenote: Debts in aid of the rebellion not to be paid.]
+
+SEC. 13. No county, city, town or other municipal corporation shall
+assume to pay, nor shall any tax be levied or collected for the payment
+of any debt, or the interest upon any debt, contracted directly or
+indirectly in aid or support of the rebellion.
+
+[Sidenote: Powers of General Assembly over municipal corporations.]
+
+SEC. 14. The General Assembly shall have full power by statute to
+modify, change or abrogate any and all of the provisions of this article
+and substitute others in their place, except sections seven, nine, and
+thirteen.
+
+
+ARTICLE VIII.
+
+CORPORATIONS OTHER THAN MUNICIPAL.
+
+[Sidenote: Corporations under general laws.]
+
+SECTION 1. Corporations may be formed under general laws, but shall not
+be created by special act except for municipal purposes and in cases
+where, in the judgment of the Legislature, the object of the corporation
+can not be attained under general laws. All general laws and special
+acts passed pursuant to this section may be altered from time to time or
+repealed.
+
+[Sidenote: Debts of corporations, how secured.]
+
+SEC. 2. Dues from corporations shall be secured by such individual
+liabilities of the corporations and other means as may be prescribed by
+law.
+
+[Sidenote: What corporations shall include.]
+
+SEC. 3. The term corporation, as used in this article, shall be
+construed to include all associations and joint stock companies having
+any of the powers and privileges of corporations not possessed by
+individuals or partnerships. And all corporations shall have the right
+to sue and shall be subject to be sued in all courts in like cases as
+natural persons.
+
+[Sidenote: Legislature to provide for organising cities, towns, etc.]
+
+SEC. 4. It shall be the duty of the Legislature to provide for the
+organization of cities, towns and incorporated villages, and to restrict
+their power of taxation, assessment, borrowing money, contracting debts
+and loaning their credit, so as to prevent abuses in assessment and in
+contracting debts by such municipal corporations.
+
+
+ARTICLE IX.
+
+EDUCATION.
+
+[Sidenote: Education shall be encouraged.]
+
+SECTION 1. Religion, morality and knowledge being necessary to good
+government and the happiness of mankind, schools and the means of
+education shall forever be encouraged.
+
+[Sidenote: General Assembly shall provide for schools.]
+
+[Sidenote: Separation of the races.]
+
+SEC. 2. The General Assembly, at its first session under this
+Constitution, shall provide by taxation and otherwise for a general and
+uniform system of public schools, wherein tuition shall be free of
+charge to all the children of the State between the ages of six and
+twenty-one years. And the children of the white race and the children of
+the colored race shall be taught in separate public schools; but there
+shall be no discrimination in favor of or to the prejudice of either
+race.
+
+[Sidenote: Counties to be divided into districts.]
+
+SEC. 3. Each county of the State shall be divided into a convenient
+number of districts, in which one or more public schools shall be
+maintained at least four months in every year; and if the commissioners
+of any county shall fail to comply with the aforesaid requirements of
+this section they shall be liable to indictment.
+
+[Sidenote: What property shall be devoted to educational purposes.]
+
+SEC. 4. The proceeds of all lands that have been or hereafter may be
+granted by the United States to this State and not otherwise
+appropriated by this State or the United States, also all moneys,
+stocks, bonds and other property now belonging to any State fund for
+purposes of education, also the net proceeds of all sales of the swamp
+lands belonging to the State, and all other grants, gifts or devises
+that have been or hereafter may be made to the State and not otherwise
+appropriated by the State or by the terms of the grant, gift or devise,
+shall be paid into the State treasury, and, together with so much of the
+ordinary revenue of the State as may be by law set apart for that
+purpose, shall be faithfully appropriated for establishing and
+maintaining in this State a system of free public schools, and for no
+other uses or purposes whatsoever.
+
+[Sidenote: County school fund.]
+
+[Sidenote: Proviso.]
+
+SEC. 5. All moneys, stocks, bonds and other property belonging to a
+county school fund, also the net proceeds from the sale of estrays, also
+the clear proceeds of all penalties and forfeitures and of all fines
+collected in the several counties for any breach of the penal or
+military laws of the State, and all moneys which shall be paid by
+persons as an equivalent for exemption from military duty, shall belong
+to and remain in the several counties, and shall be faithfully
+appropriated for establishing and maintaining free public schools in the
+several counties of this State: _Provided_, that the amount collected in
+each county shall be annually reported to the Superintendent of Public
+Instruction.
+
+[Sidenote: Election of trustees and provisions for maintenance of the
+university.]
+
+SEC. 6. The General Assembly shall have power to provide for the
+election of trustees of the University of North Carolina, in whom, when
+chosen, shall be vested all the privileges, rights, franchises and
+endowments thereof in anywise granted to or conferred upon the trustees
+of said University, and the General Assembly may make such provisions,
+laws and regulations from time to time as may be necessary and expedient
+for the maintenance and management of said University.
+
+[Sidenote: Benefits of the university.]
+
+SEC. 7. The General Assembly shall provide that the benefits of the
+University, as far as practicable, be extended to the youth of the State
+free of expense for tuition; also that all the property which has
+heretofore accrued to the State or shall hereafter accrue from escheats,
+unclaimed dividends or distributive shares of the estates of deceased
+persons, shall be appropriated to the use of the University.
+
+[Sidenote: Board of education.]
+
+SEC. 8. The Governor, Lieutenant-Governor, Secretary of State,
+Treasurer, Auditor, Superintendent of Public Instruction, and
+Attorney-General shall constitute a State Board of Education.
+
+[Sidenote: President and secretary.]
+
+SEC. 9. The Governor shall be president and the Superintendent of Public
+Instruction shall be secretary of the Board of Education.
+
+[Sidenote: Power of board.]
+
+SEC. 10. The Board of Education shall succeed to all the powers and
+trusts of the president and directors of the Literary Fund of North
+Carolina, and shall have full power to legislate and make all needful
+rules and regulations in relation to free public schools and the
+educational fund of the State; but all acts, rules and regulations of
+said board may be altered, amended or repealed by the General Assembly,
+and when so altered, amended or repealed the time of future meetings may
+be determined by the board.
+
+[Sidenote: First session of board.]
+
+SEC. 11. The first session of the Board of Education shall be held at
+the capital of the State within fifteen days after the organization of
+the State government under this Constitution; the time of future
+meetings may be determined by the board.
+
+[Sidenote: Quorum.]
+
+SEC. 12. A majority of the board shall constitute a quorum for the
+transaction of business.
+
+[Sidenote: Expenses.]
+
+SEC. 13. The contingent expenses of the board shall be provided by the
+General Assembly.
+
+[Sidenote: Agricultural department.]
+
+SEC. 14. As soon as practicable after the adoption of this Constitution
+the General Assembly shall establish and maintain in connection with the
+University a department of agriculture, of mechanics, of mining, and of
+normal instruction.
+
+[Sidenote: Children must attend school.]
+
+SEC. 15. The General Assembly is hereby empowered to enact that every
+child of sufficient mental and physical ability shall attend the public
+schools during the period between the ages of six and eighteen years for
+a term of not less than sixteen months, unless educated by other means.
+
+
+ARTICLE X.
+
+HOMESTEADS AND EXEMPTIONS.
+
+[Sidenote: Exemption.]
+
+SECTION 1. The personal property of any resident of this State to the
+value of five hundred dollars, to be selected by such resident, shall be
+and is hereby exempted from sale under execution or other final process
+of any court issued for the collection of any debt.
+
+[Sidenote: Homestead.]
+
+SEC. 2. Every homestead, and the dwellings and buildings used therewith,
+not exceeding in value one thousand dollars, to be selected by the owner
+thereof, or in lieu thereof, at the option of the owner, any lot in a
+city or village, with the dwellings and buildings used thereon, owned
+and occupied by any resident of this State, and not exceeding the value
+of one thousand dollars, shall be exempt from sale under execution or
+other final process obtained on any debt. But no property shall be
+exempt from sale for taxes or for payment of obligations contracted for
+the purchase of said premises.
+
+[Sidenote: Homestead exempted from debt.]
+
+SEC. 3. The homestead, after the death of the owner thereof, shall be
+exempt from the payment of any debt during the minority of his children
+or any one of them.
+
+[Sidenote: Laborer's lien.]
+
+SEC. 4. The provisions of sections one and two of this article shall not
+be so construed as to prevent a laborer's lien for work done and
+performed for the person claiming such exemption, or a mechanic's lien
+for work done on the premises.
+
+[Sidenote: Benefit of widow.]
+
+SEC. 5. If the owner of a homestead die, leaving a widow but no
+children, the same shall be exempt from the debts of her husband, and
+the rents and profits thereof shall inure to her benefit during her
+widowhood, unless she be the owner of a homestead in her own right.
+
+[Sidenote: Property of a married female secured to her.]
+
+SEC. 6. The real and personal property of any female in this State
+acquired before marriage, and all property, real and personal, to which
+she may, after marriage, become in any manner entitled, shall be and
+remain the sole and separate estate and property of such female, and
+shall not be liable for any debts, obligations or engagements of her
+husband, and may be devised and bequeathed, and, with the written assent
+of her husband, conveyed by her as if she were unmarried.
+
+[Sidenote: Husband may insure his life for the benefit of wife and
+children.]
+
+SEC. 7. The husband may insure his own life for the sole use and benefit
+of his wife and children, and in case of the death of the husband the
+amount thus insured shall be paid over to the wife and children, or to
+the guardian if under age, for her or their own use, free from all the
+claims of the representatives of her husband or any of his creditors.
+
+[Sidenote: How deed for homestead may be made.]
+
+SEC. 8. Nothing contained in the foregoing sections of this article
+shall operate to prevent the owner of a homestead from disposing of the
+same by deed; but no deed made by the owner of a homestead shall be
+valid without the voluntary signature and assent of his wife, signified
+on her private examination according to law.
+
+
+ARTICLE XI.
+
+PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES.
+
+[Sidenote: Punishments.]
+
+[Sidenote: Convict labor.]
+
+[Sidenote: Proviso.]
+
+SECTION 1. The following punishments only shall be known to the laws of
+this State, viz., death, imprisonment with or without hard labor, fines,
+removal from office, and disqualification to hold and enjoy any office
+of honor, trust or profit under this State. The foregoing provision for
+imprisonment with hard labor shall be construed to authorize the
+employment of such convict labor on public works or highways, or other
+labor for public benefit, and the farming out thereof, where and in such
+manner as may be provided by law; but no convict shall be farmed out who
+has been sentenced on a charge of murder, manslaughter, rape, attempt to
+commit rape or arson: _Provided_, that no convict whose labor may be
+farmed out shall be punished for any failure of duty as a laborer except
+by a responsible officer of the State; but the convicts so farmed out
+shall be at all times under the supervision and control, as to their
+government and discipline, of the penitentiary board or some officer of
+the State.
+
+[Sidenote: Death punishment.]
+
+SEC. 2. The object of punishment being not only to satisfy justice, but
+also to reform the offender, and thus prevent crime, murder, arson,
+burglary and rape, and these only, may be punishable with death, if the
+General Assembly shall so enact.
+
+[Sidenote: Penitentiary.]
+
+SEC. 3. The General Assembly shall, at its first meeting, make provision
+for the erection and conduct of a State's Prison or penitentiary at
+some central and accessible point within the State.
+
+[Sidenote: House of correction.]
+
+SEC. 4. The General Assembly may provide for the erection of a house of
+correction, where vagrants and persons guilty of misdemeanors shall be
+restrained and usefully employed.
+
+[Sidenote: Houses of refuge.]
+
+SEC. 5. A house or houses of refuge may be established whenever the
+public interests may require it, for the correction and instruction of
+other classes of offenders.
+
+[Sidenote: The sexes to be separated.]
+
+SEC. 6. It shall be required by competent legislation that the structure
+and superintendence of penal institutions of the State, the county jails
+and city police prisons secure the health and comfort of the prisoners,
+and that male and female prisoners be never confined in the same room or
+cell.
+
+[Sidenote: Provision for the poor and orphans.]
+
+SEC. 7. Beneficent provisions for the poor, the unfortunate and orphan
+being one of the first duties of a civilized and Christian State, the
+General Assembly shall, at its first session, appoint and define the
+duties of a Board of Public Charities, to whom shall be entrusted the
+supervision of all charitable and penal State institutions, and who
+shall annually report to the Governor upon their condition, with
+suggestions for their improvement.
+
+[Sidenote: Orphan houses.]
+
+SEC. 8. There shall also, as soon as practicable, be measures devised by
+the State for the establishment of one or more orphan houses, where
+destitute orphans may be cared for, educated and taught some business or
+trade.
+
+[Sidenote: Inebriates and idiots.]
+
+SEC. 9. It shall be the duty of the Legislature, as soon as practicable,
+to devise means for the education of idiots and inebriates.
+
+[Sidenote: Deaf-mutes, blind and insane.]
+
+SEC. 10. The General Assembly may provide that the indigent, deaf-mute,
+blind and insane of the State shall be cared for at the charge of the
+State.
+
+[Sidenote: Self-supporting.]
+
+SEC. 11. It shall be steadily kept in view by the Legislature and the
+Board of Public Charities, that all penal and charitable institutions
+should be made as nearly self-supporting as is consistent with the
+purposes of their creation.
+
+
+ARTICLE XII.
+
+MILITIA.
+
+[Sidenote: Who are liable to militia duty.]
+
+SECTION 1. All able-bodied male citizens of the State of North Carolina,
+between the ages of twenty-one and forty years, who are citizens of the
+United States, shall be liable to do duty in the militia: _Provided_,
+that all persons who may be averse to bearing arms, from religious
+scruples, shall be exempt therefrom.
+
+[Sidenote: Organizing, etc.]
+
+SEC. 2. The General Assembly shall provide for the organizing, arming,
+equipping and discipline of the militia, and for paying the same, when
+called into active service.
+
+[Sidenote: Governor commander in chief.]
+
+SEC. 3. The Governor shall be Commander in Chief, and shall have power
+to call out the militia to execute the law, suppress riots or
+insurrection, and to repel invasion.
+
+[Sidenote: Exemptions.]
+
+SEC. 4. The General Assembly shall have power to make such exemptions as
+may be deemed necessary, and enact laws that may be expedient for the
+government of the militia.
+
+
+ARTICLE XIII.
+
+AMENDMENTS.
+
+[Sidenote: Convention, how called.]
+
+SECTION 1. No convention of the people of this State shall ever be
+called by the General Assembly, unless by the concurrence of two-thirds
+of all the members of each House of the General Assembly, and except the
+proposition, Convention or No Convention, be first submitted to the
+qualified voters of the whole State, at the next general election in a
+manner to be prescribed by law. And should a majority of the votes cast
+be in favor of said convention, it shall assemble on such day as may be
+prescribed by the General Assembly.
+
+[Sidenote: How the Constitution may be altered.]
+
+SEC. 2. No part of the Constitution of this State shall be altered
+unless a bill to alter the same shall have been agreed to by
+three-fifths of each House of the General Assembly. And the amendment or
+amendments so agreed to shall be submitted at the next general election
+to the qualified voters of the whole State, in such a manner as may be
+prescribed by law. And in the event of their adoption by a majority of
+the votes cast, such amendment or amendments shall become a part of the
+Constitution of the State.
+
+
+ARTICLE XIV.
+
+MISCELLANEOUS.
+
+[Sidenote: Indictments.]
+
+SECTION 1. All indictments which shall have been found, or may hereafter
+be found, for any crime or offense committed before this Constitution
+takes effect, may be proceeded upon in the proper courts, but no
+punishment shall be inflicted which is forbidden by this Constitution.
+
+[Sidenote: Penalty for fighting duel.]
+
+SEC. 2. No person who shall hereafter fight a duel, or assist in the
+same as a second, or send, accept, or knowingly carry a challenge
+therefor, or agree to go out of the State to fight a duel, shall hold
+any office in this State.
+
+[Sidenote: Drawing money.]
+
+SEC. 3. No money shall be drawn from the treasury but in consequence of
+appropriations made by law; and an accurate account of the receipts and
+expenditures of the public money shall be annually published.
+
+[Sidenote: Mechanic's lien.]
+
+SEC. 4. The General Assembly shall provide, by proper legislation, for
+giving to mechanics and laborers an adequate lien on the subject matter
+of their labor.
+
+[Sidenote: Governor to make appointments.]
+
+SEC. 5. In the absence of any contrary provision, all officers of this
+State, whether heretofore elected, or appointed by the Governor, shall
+hold their positions only until other appointments are made by the
+Governor, or, if the officers are elective, until their successors shall
+have been chosen and duly qualified according to the provisions of this
+Constitution.
+
+[Sidenote: Seat of government.]
+
+SEC. 6. The seat of government of this State shall remain at the city of
+Raleigh.
+
+[Sidenote: Holding office.]
+
+SEC. 7. No person, who shall hold any office or place of trust or profit
+under the United States, or any department thereof, or under this State,
+or under any other State or government, shall hold or exercise any other
+office or place of trust or profit under the authority of this State, or
+be eligible to a seat in either House of the General Assembly:
+_Provided_, that nothing herein contained shall extend to officers in
+the militia, justices of the peace, commissioners of public charities,
+or commissioners for special purposes.
+
+[Sidenote: Intermarriage of whites and negroes prohibited.]
+
+SEC. 8. All marriages between a white person and a negro, or between a
+white person and a person of negro descent to the third generation
+inclusive, are hereby forever prohibited.
+
+
+
+
+INDEX TO STATE CONSTITUTION
+
+
+ Art. Sec.
+
+Abuses in assessments and contracting debts
+ by municipal corporations, general assembly to prevent; 8 4
+
+Actions at law and equity suits, no distinction; 4 1
+ Pending when constitution took effect; 4 20
+
+Acts of general assembly, style of; 2 21
+ Levying taxes, must state object; 5 7
+
+Agriculture, department of; 3 17
+ In connection with university; 9 14
+
+Alimony, general assembly does not secure; 2 10
+
+Allegiance to U. S. Government; 1 5
+
+Amendments; 13
+ Do not vacate existing offices; 4 33
+
+Answer to criminal charge; 1 12
+
+Apportionment of senators and representatives; 2 4-5-6
+
+Arms, right to bear; 1 24
+
+Article seven, general assembly may modify or repeal
+ certain sections; 7 14
+
+Assemblage, right of; 1 25
+
+Attorney-general advises executive; 3 14
+ Duties of; 3 13
+
+Auditor, duties of; 3 13
+
+Bail, excessive; 1 14
+
+Ballot, elections to be by; 6 3
+
+Bills of general assembly, read three times; 2 23
+
+Blind provided for; 11 10
+
+Board of charities; 11 7
+
+Boundaries of state; 1 34
+
+Capitation tax, application of proceeds from; 5 2
+ Exempts; 5 1
+
+Capital punishment; 11 2
+
+Charities, public; 11
+ Deaf-mutes and the blind; 11 10
+ Idiots and inebriates; 11 9
+ Provision for orphans and the poor; 11 7
+ Self-supporting, as far as possible; 11 14
+
+Cities organized by legislation; 8 4
+
+Citizenship, restoration to; 2 11
+
+Civil and criminal actions; 4 1
+
+Claims against the state; 4 9
+
+Clerk of superior court, election of; 4 10
+ Removal for inability; 4 32
+
+Clerk of Supreme court; 4 15
+ Terms of office of; 4 17
+ Removal of; 4 32
+
+Commutations; 3 6
+
+Compulsory education, general assembly may provide; 9 15
+
+Concealed weapons, carrying not justified; 1 24
+
+Constitution, how changed; 13 2
+
+Controversies at law about property; 1 19
+
+Convention, how called; 13
+
+Convict labor; 11 1
+
+Coroner and sheriff; 4 24
+
+Corporations, municipal; 7
+ Charters remain in force till legally changed; 7 12
+ Power of general assembly over; 7 12
+
+Corporations other than municipal; 8
+ Debts of, how secured; 8 2
+ Definition of; 8 3
+ Under general laws; 8 1
+
+Correction, houses of; 11 4
+
+Council of state; 3 14
+
+Counsel allowed defendant; 1 11
+
+County commissioners, election and duty of; 7 1-2
+
+Counties, commissioners divide, into districts; 7 3
+ Districts have corporate powers as townships; 7 4
+ Majority of voters necessary to levy taxes, etc.; 7 7
+ Money, how drawn from its treasury; 7 8
+ Officers enter on duty, when; 7 10
+ Of townships; 7 5
+ School districts; 9 3
+ Fund; 9 5
+ Taxes to be ad valorem; 7 9
+ Township trustees assess property; 7 6
+
+County treasurer; 7 1
+
+Courts to be open; 1 35
+ Kinds of; 4 2
+
+Criminal charges, answer to; 1 12
+
+Criminal and civil actions; 4 1
+ Courts for cities and towns; 4 14
+ Prosecutions; 1 11
+
+Deaf-mutes provided for; 11 10
+
+Death punishment; 11 2
+
+Debt does not affect homestead; 10 3
+ County, city or town cannot contract,
+ except by majority of qualified voters; 7 7
+ Imprisonment for; 1 16
+ In aid of rebellion, void; 7 13
+
+Debt, restrictions upon increase of public, etc.; 5 4
+ What bonds declared invalid; 1 6
+ Declaration of rights; 1
+
+Department of agriculture; 3 17
+
+Divorce, general assembly does not grant; 2 17
+
+Disqualification for office; { 6 5
+ { 14 7
+ Dueling disqualifies; 14 2
+
+Education, board of; 9 8
+ Officers; 9 9
+ Expenses; 9 13
+ County school fund; 9 5
+ Encouraged; { 9 1
+ { 1 27
+ First session of; 9 11
+ Power of; 9 10
+ Property devoted to; 9 4-5
+ Quorum; 9 12
+
+Election of officers by general assembly, viva voce; 2 9
+
+Elections, by people and general assembly; 6 3
+ Contested, returns of; 3 3
+ Free; 1 10
+ Frequent; 1 28
+
+Electors, oath of office of; 6 4
+ Qualifications of; 6 1
+ Registration of; 6 2
+
+Eligibility to office; 6
+
+Emoluments, exclusive, none; 1 7
+ Hereditary; 1 30
+
+Entails to be regulated; 2 15
+
+Enumeration of rights, not to impair others
+ retained by people; 1 37
+
+Equity suits and actions at law, distinction abolished; 4 1
+ Pending when constitution took effect; 4 20
+
+Evidence against himself, criminal not compelled to give; 1 11
+
+Executive, attorney-general advises; 3 14
+ Department of; 3
+ Distinct; 1 8
+ Officers; 3 1
+ Compensation; 3 15
+ Duties; 3 13
+ Reports of; 3 7
+ Terms of office of; 3 1
+ Seal of state; 3 16
+ Vacancy in, how filled; 3 13
+
+Exemption; 10 1
+ By reason of military duty, etc.; 12 4
+ Property of _feme covert_ not liable for
+ husband's debts; 10 6
+
+_Ex post facto_ laws; 1 32
+
+Extra session of general assembly; 3 9
+
+Feigned issues abolished; 4 1
+
+_Feme sole_, property of, not liable for
+ husband's debts; 10 6
+
+Fines, excessive; 1 14
+
+Freedom of the press; 1 20
+
+Fundamental principles, frequent recurrence to; 1 29
+
+General Assembly, acts, style of; 2 21
+ Article seven may be modified or repealed by; 7 14
+ Bills and resolutions read three times; 2 23
+ Compulsory education may be enforced by; 9 15
+ Election by; 6 3
+ Entails regulated by; 2 15
+ Extra sessions; { 2 28
+ { 3 9
+ Journals kept; 2 16
+ Protests entered on; 2 17
+ Members of; 2 24
+ Assemble when; 2 2
+ Election for, when held; 2 27
+ Office a disqualification; 14 7
+ Terms commence with election; 2 25
+ Vacancies, how filled; 2 13
+ Municipal corporations controlled by; 7 14
+ Names, personal not changed by; 2 11
+ Officers of, election, viva voce; 2 9
+ Pay of; 2 28
+ President of senate; 2 19
+ Speaker of house; 2 18
+ Powers of; 2 22
+ In relation to divorce and alimony; 2 10
+ Representation apportioned by; 2 4-5
+ Revenue; 2 14
+ Schools provided by; 9 2
+ University to be maintained by; 9 6-7
+ Yeas and nays; 2 14-26
+
+Government, allegiance to U. S.; 1 5
+ Internal, of state; 1 3
+ Origin of; 1 2
+ Seat of, remains in Raleigh; 14 6
+
+Governor, commands militia; 3 8
+ Commutations, pardons, reprieves; 3 6
+
+Governor, compensation 3 15
+ Duties of 3 12
+ Extra sessions called by 3 9
+ Impeachment of 3 12
+ Justices of peace appointed by, when 7 11
+ Lieutenant, qualification of 3 2
+ Oath of office 3 4
+ Officers appointed by { 3 10
+ {14 5
+ Qualification of 3 2
+ Residence of 3 5
+ Vacancy in office of 3 12
+
+
+_Habeas corpus_ 1 21
+
+Hereditary emoluments 1 30
+
+Homestead and exemption 10 2
+ Benefit of widow in 10 5
+ Exempted from debt 10 3
+ Laborer's lien attaches 10 4
+ Privy examination of wife to dispose of 10 8
+
+House of correction 11 4
+ Orphans 11 8
+ Refuge 11 5
+
+House of Representatives, representatives, apportionment 2 5
+ Officers of 2 18
+ Term begins when 2 25
+ Qualification for 2 8
+ Ratio of 2 6
+
+Husband can insure life for benefit of family 10 7
+
+
+Idiots provided for 11 9
+
+Immigration, department of 3 17
+
+Impeachment 4 4
+ Court of 4 3
+ Of governor 3 12
+
+Imprisonment for debt 1 16
+ Except by law, wrong 1 17
+
+Indictments for crimes committed before constitution
+ took effect 14 1
+
+Inebriates 11 9
+
+Inferior courts 4 12
+ Officers of 4 30
+
+Insane provided for 11 10
+
+Institutions, charitable 11
+ Penal 11
+ Public, annual reports from 3 7
+ Self-supporting far as possible 11 11
+ Sexes to be separated 11 6
+
+Instruction, superintendent of public 3 13
+
+Intermarriage of whites and negroes prohibited 14 8
+
+Internal government of state 1 3
+
+Issues of fact, by whom tried and how waived 4 13
+
+
+Judges, election, terms of, etc. 4 21
+ Fees, salaries, emoluments 4 18
+ Removal of, for inability 4 31
+ Residence of 4 11
+
+Judicial Department 4
+ Districts for superior courts 4 10
+ General assembly not to deprive of jurisdiction 4 12
+ Powers, division of 4 2
+ Term of first officers under constitution 4 26
+ Vacancies 4 25
+
+Judicial remedy allowed all 1 35
+
+Judiciary distinct; 1 8
+
+Jurisdiction, courts inferior to supreme; 4 12
+ Justices of the peace; 4 27
+ Supreme court; 4 8
+
+Jury, right of; 1 13
+ Sacred and inviolable; 1 19
+ Trial by, waived; 4 13
+
+Justices of the peace, governor appoints when; 7 11
+ Jurisdiction of; 4 27
+ Vacancies in office; 4 28
+
+Laborers' and mechanics' lien; 14 4
+ Attaches homestead; 10 4
+
+Law of the land, no person imprisoned, or
+ deprived of life, etc., but by; 1 17
+
+Laws, _ex post facto_ and retrospective; 1 32
+ Private, thirty days' notice before passage; 2 12
+ What in force; 4 19
+
+Legislative, distinct; 1 8
+ Two branches of; 2 1
+
+Legislature provides for organizing towns, etc.; 8 4
+ Trials other than jury; 1 13
+
+Legitimation, general assembly can pass general laws for; 2 11
+
+Liberty, deprivation of, except by law; 1 17
+ Religious; 1 26
+ Restraint of, remedied; 1 18
+ Warrants without evidence, dangerous to; 1 15
+
+Lien of laborers and mechanics; 14 4
+
+Lieutenant-governor, president of senate, duties of; 3 11
+ When governor; 3 12
+
+Literary fund, board of education to succeed to rights of; 9 10
+
+Marriages between whites and negroes forbidden; 14 8
+
+Married woman, husband can insure life for benefit of; 10 7
+ Privy examination of, to dispose of homestead; 10 8
+ Property of, not liable for husband's debts; 10 6
+
+Mechanics' lien; 14 4
+
+Men, equality, rights of; 1 1
+
+Militia; { 1 24
+ { 12
+ Exemptions from duty; 12 4
+ Governor commands; { 3 8
+ { 12 2
+ Organization of; 12 2
+ Who liable to bear arms; 12 1
+
+Money, how drawn from state treasury; 4 1
+ County or township treasury; 7 8
+
+Monopolies are injurious; 1 31
+
+Municipal corporations; 7
+ Cannot contract debt except by majority of
+ qualified voters; 7 7
+ Charters remain in force till changed; 7 12
+ General assembly to provide for organization of,
+ taxation, etc., by; 8 4
+ Power of general assembly over; 7 14
+
+Names, personal, how changed 2 11
+
+Normal school, to be maintained by general assembly
+ at university; 9 14
+
+Oath of governor; 3 4
+
+Oath of members of general assembly; 2 24
+
+Oath of office; 6 4
+
+Office, cannot hold two; 14 7
+ Disqualification; 6 5
+ Dueling disqualifies for; 14 2
+ Eligibility to; 6
+ Qualification, property, none; 1 22
+
+Officers, county; { 7 1
+ { 7 10
+ First elected; 4 26
+ What, appointed by governor; { 3 10
+ {14 5
+
+Orphans, houses for; 11 8
+ Provision for; 11 7
+
+Pardons; 3 6
+
+Peace, soldiers quartered in time of; 1 36
+
+Penitentiary; 11 3
+ Convict labor; 11 1
+ Self-supporting as far as possible; 11 11
+ Sexes separated; 11 6
+
+People, right of, to assemble together; 1 25
+
+Perpetuities, injurious; 1 31
+ General assembly shall prevent; 2 15
+
+Political power and government; 1 2
+ Societies in secret dangerous; 1 25
+
+Poor, provision for; 11 7
+
+Power of general assembly; 2 22
+ To suspend laws injurious; 1 9
+
+Powers, executive, judicial and legislative, distinct; 1 8
+ Judicial, division of; 4 2
+
+Press, freedom and abuse of; 1 20
+
+Principles, recurrence to fundamental; 1 29
+
+Prisoners, health and comfort secured; 11 6
+
+Private laws; 2 11-12
+
+Privileges, exclusive, none; 1 7
+
+Property, controversies at law about; 1 19
+ Deprivation of, except by law, wrong; 1 17
+ Devoted to education; 9 4
+ Exemptions from taxation; 5 5
+ _Feme sole_ not liable for husband's debts; 10 6
+ Qualification, none; 1 22
+
+Prosecution, criminal; 1 11
+
+Protest, by whom and when made; 2 17
+
+Public debt, increase of, restricted, etc.; 5 4
+ What bonds declared invalid; 1 6
+
+Public money, how drawn; 14 3
+
+Public schools, general assembly to provide for; 9 2
+
+Punishments, penal institutions and public charities; 11
+ Cruel or unusual; { 1 14
+ {14 1
+
+Qualification and election of members of general
+ assembly, each house judge of; 2 22
+
+Rebellion, debt in aid of, not to be paid; 7 13
+
+Recurrence to fundamental principles; 1 29
+
+Refuge, houses of; 11 5
+
+Register of deeds; 7 1
+
+Registration of electors; 6 2
+
+Religious liberty; 1 26
+ Scruples against bearing arms; 12 1
+
+Removal of judges; 4 31
+ Of clerks; 4 32
+
+Representation and taxation; 1 23
+
+Reprieves; 3 6
+
+Retrospective laws; 1 32
+
+Revenue; { 2 14
+ { 5
+
+Right of assemblage; 1 25
+ Jury; 1 13
+
+Right of secession, none; 1 4
+ To bear arms; 1 24
+ To suspend laws, injurious; 1 9
+
+Rights, declaration of; 1
+ Of men; { 1 1
+ { 1 37
+
+Salaries and fees, general assembly to regulate; 4 18
+
+Schools, attendance of children; 9 15
+ County, divided into districts; 9 3
+ Fund; 9 5
+ Provided by legislation; 9 2
+ Races separate; 9 2
+
+Seal of state; 3 16
+
+Search warrants without evidence, wrong; 1 15
+
+Seat of government at Raleigh; 14 6
+
+Secession, no right of; 1 4
+
+Secretary of state, duties of; 3 13
+
+Senate, presiding officer; 2 19
+ _Pro tem_. speaker, when elected; 2 20
+
+Senators, number of; 2 3
+ Other senatorial officers; 2 20
+ President of; 2 19
+ Qualifications; for 2 7
+ Regulating senatorial districts; 2 4
+
+Sexes separated in confinement; 11 6
+
+Sheriff and coroner; 4 24
+
+Slavery prohibited; 1 33
+
+Societies, secret political, dangerous; 1 25
+
+Soldiers, how quartered; 1 36
+
+Solicitor, how elected; 4 23
+
+Special courts; 4 14
+
+State boundaries; 1 34
+ Claims against; 4 9
+ Internal government; 1 3
+
+Statistics, department of; 3 17
+
+Suffrage and eligibility to office; 6
+
+Superintendent of public instruction; 3 13
+ Reports of county school fund to be made; 9 5
+
+Superior court, open at all times except for jury trials; 4 22
+ Clerk, his election; 4 16
+ Districts; 4 10
+ Judges, election and term; 4 21
+ Residence; 4 11
+ Rotation; 4 11
+ Solicitor for each district; 4 23
+ Special term; 4 12
+ Term; 4 17
+ Vacancy; 4 29
+ Transaction of business; 4 22
+
+Supreme court, clerk; 4 15
+ Jurisdiction; 4 8-9
+ Justices; 4 6
+ Election and terms of; 4 21
+ Terms of; 4 7
+
+Surveyor; 7 1
+
+Suspending laws without consent of representatives,
+ not to be exercised; 1 9
+
+Taxation, _ad valorem_ and uniform; 5 3
+ And revenue; { 5
+ { 1 23
+
+Taxation, except for necessary expenses, not levied
+ by county, city or town without assent of majority
+ of voters; 7 7
+ Levied by county commissioners; 5 6
+ Of county to be ad valorem; 7 9
+ Of purchases and sales retrospectively not to be passed; 1 32
+ Property, exemptions from; 5 5
+
+Taxes, acts to levy, to state object; 5 7
+
+Towns, etc., organized by legislation; 8 4
+
+Townships, officers of; 7 5
+
+Treason against state; 4 5
+
+Treasurer, duties of; 3 13
+
+
+University, agricultural department of, mechanics, mining
+ and normal instruction connected with; 9 14
+ Benefits of; 9 7
+ Election of trustees; 9 6
+ General assembly shall maintain; 9 7
+ Maintenance of; 9 6
+ Property devoted to; 9 7
+
+
+Vacancies in general assembly; 2 13
+ Other; { 3 12-13
+ { 4 25-28
+ {29
+
+Vagrants, houses of correction for; 11 4
+
+
+Warrants without evidence injurious; 1 15
+
+Whites and negroes cannot intermarry; 14 8
+ Separated in schools; 9 2
+
+Widow, homestead benefits; 10 5
+
+
+Yeas and nays, when entered; 2 14-26
+
+
+
+
+CHAPTER 81.
+
+(Public Laws, Extra Session, 1913)
+
+AN ACT TO AMEND THE CONSTITUTION OF THE STATE OF NORTH CAROLINA.
+
+_The General Assembly of North Carolina do enact_:
+
+
+SECTION 1. That the Constitution of the State of North Carolina be and
+the same is hereby amended in manner and form as follows:
+
+[Sidenote: Substituting words "war between the States" for the words
+"insurrection or rebellion against the United States."]
+
+I. By striking out of article one, section six, the words "insurrection
+or rebellion against the United States," and inserting to lieu thereof
+the following words: "the War Between the States," and by striking out
+the word "rebellion" in section thirteen of article seven and inserting
+in lieu thereof the words "War Between the States."
+
+II. By striking out section twenty-eight of article two, and
+substituting in lieu thereof the following:
+
+[Sidenote: Increasing per diem and reducing mileage of members of the
+general assembly.]
+
+"SEC. 28. The members of the General Assembly for the term for which
+they have been elected shall receive as compensation for their services
+the sum of six dollars per day for each day of their session, for a
+period not exceeding sixty days; and should they remain longer in
+session they shall serve without compensation. They shall also be
+entitled to receive five cents per mile both while coming to the seat of
+government and while returning home, the said distance to be computed by
+the nearest line or route of public travel. The compensation of the
+presiding officers of the two houses shall be eight dollars per day and
+mileage. Should an extra session of the General Assembly be called, the
+members and presiding officers shall receive a like rate of compensation
+for a period not exceeding twenty days."
+
+III. By adding at the end of article two a new section, to wit:
+
+[Sidenote: Restricting local, private, and special legislation.]
+
+"SEC. 29. The General Assembly shall not pass any local, private, or
+special act or resolution:
+
+"Relating to the establishment of courts inferior to the Superior Court;
+
+"Relating to the appointment of justices of the peace;
+
+"Relating to health, sanitation, and abatement of nuisances;
+
+"Changing the names of cities, towns, and townships;
+
+"Authorizing the laying out, opening, altering, maintaining, or
+discontinuing highways, streets, or alleys;
+
+"Relating to ferries or bridges;
+
+"Relating to game or hunting;
+
+"Relating to nonnavigable streams;
+
+"Relating to cemeteries;
+
+"Relating to the pay of jurors;
+
+"Erecting new townships, or changing township lines, or establishing or
+changing the lines of school districts;
+
+"Remitting fines, penalties, and forfeitures, or refunding moneys
+legally paid into the public treasury;
+
+"Regulating labor, trade, mining, or manufacturing;
+
+"Extending the time for the assessment or collection of taxes or
+otherwise relieving any collector of taxes from the due performance of
+his official duties or his sureties from liability;
+
+"Giving effect to informal wills and deeds.
+
+"Nor shall the General Assembly enact any such local, private, or
+special act by the partial repeal of a general law; but the General
+Assembly may at any time repeal local, private, or special laws enacted
+by it.
+
+"Any local, private, or special act or resolution passed in violation of
+the provisions of this section shall be void.
+
+"The General Assembly shall have power to pass general laws regulating
+the matters set out in this section."
+
+[Sidenote: Fixing the beginning of the term of officers of the executive
+department.]
+
+IV. By striking out the words "first day of," in section one of article
+three and inserting in lieu thereof the words "second Wednesday after
+the first Monday in."
+
+[Sidenote: Providing for special emergency judges.]
+
+V. By adding at the end of section eleven of article four the following:
+"and the General Assembly may by general law provide for the selection
+of special or emergency judges to hold the Superior Courts of any county
+or district, when the judge assigned thereto, by reason of sickness,
+disability, or other cause, is unable to attend and hold said Courts,
+and when no other judge is available to hold the same. Such special or
+emergency judges shall have the power and authority of regular judges of
+the Superior Courts, in the courts which they are so appointed to hold;
+and the General Assembly shall provide for their reasonable
+compensation."
+
+[Sidenote: Elimination of obsolete sections.]
+
+VI. By striking out sections twenty, twenty-six, and thirty-three of
+article four.
+
+VII. By abrogating and striking out all the sections of article five and
+section nine of article seven, and inserting in lieu of said article
+five the following:
+
+
+ARTICLE V.
+
+_Revenue and Taxation._
+
+[Sidenote: Taxes imposed only for public purposes. Consent of people or
+representatives.]
+
+SECTION 1. Taxes shall be imposed only for public purposes, by and with
+the consent of the people or their representatives in the General
+Assembly.
+
+[Sidenote: Subjects may by classified. Uniformity of taxes.]
+
+[Sidenote: Proviso: income from property already taxed.]
+
+[Sidenote: Separation of subjects.]
+
+SEC. 2. The General Assembly may, consistent with natural justice and
+equity, classify subjects of taxation; and all taxes shall be uniform
+upon the same class of property within the territorial limits of the
+authority levying the tax: _Provided_, that no income shall be taxed
+when the property from which the income is derived is taxed; and,
+consistent with natural justice and equity, the General Assembly may
+separate subjects of taxation for State and local purposes.
+
+[Sidenote: State tax on real estate if subjects be separate.]
+
+SEC. 3. If the subjects of taxation be separated for State and local
+purposes, in a manner not allowed by law immediately prior to the
+adoption of this amendment, no part of the _ad valorem_ tax on real
+estate, except the real estate of public service corporations, shall be
+applied to State purposes.
+
+[Sidenote: Power to tax not surrendered. Property exempted.]
+
+[Sidenote: Property which may be exempted.]
+
+SEC. 4. The power to tax shall not be surrendered, suspended, or
+contracted away, but property belonging to the State, a county, or a
+municipality shall be exempt from taxation; and the General Assembly may
+exempt cemeteries, property held and used for educational, scientific,
+literary, charitable, or religious purposes; and also personal property
+of a natural person of a value not exceeding three hundred dollars
+($300).
+
+[Sidenote: Limit of rate for State and county purposes.]
+
+[Sidenote: Limit of rate by cities and towns.]
+
+[Sidenote: Proviso: debts heretofore contracted and taxes heretofore
+authorized.]
+
+SEC. 5. The _ad valorem_ taxes on real estate and personal property
+shall not exceed for all State and county purposes sixty-six and
+two-thirds (66-2/3) cents per annum on the one hundred dollars ($100)
+assessed valuation of such property, unless a greater rate be approved
+by a majority of those who shall vote at an election held thereon. The
+_ad valorem_ taxes collected on real estate and personal property by
+cities and towns shall not exceed, for all purposes, seventy-five cents
+(75c.) per annum on the one hundred dollars ($100) assessed valuation,
+unless a greater rate be approved by a majority of those who shall vote
+at an election held thereon: _Provided_, that these limitations on the
+rate of taxation shall not apply to taxes necessary to pay debts
+contracted prior to the adoption of this amendment, nor to taxes
+heretofore authorized by an act of the General Assembly, or by vote of
+the people.
+
+[Sidenote: Caption tax.]
+
+[Sidenote: Application of State and county capitation tax.]
+
+[Sidenote: Exemption from capitation tax.]
+
+SEC. 6. The General Assembly shall provide for a capitation tax on every
+male inhabitant of the State over twenty-one and under fifty years of
+age, but not exceeding two dollars ($2) per annum for all State and
+county purposes, and municipalities may be authorized by the General
+Assembly to levy a capitation tax, but not exceeding the amount
+hereinbefore authorized for State and county purposes. The proceeds
+collected from State and county capitation taxes shall be applied to the
+purposes of education and the support of the poor in such proportions as
+the General Assembly may direct. The General Assembly may also provide
+by general law for the exemption from payment of said capitation tax in
+special cases on account of poverty and infirmity.
+
+[Sidenote: Limitation of power to contract debt.]
+
+[Sidenote: Credit of State not to be given or lent.]
+
+SEC. 7. The General Assembly shall have no power to contract any new
+debt or pecuniary obligation in behalf of the State, except to supply a
+casual deficit, or for suppressing invasions or insurrections, unless it
+shall in the same bill levy a special tax to pay interest annually, and
+provide therein for the levying of tax for the payment of the principal
+by the date such debt matures. The General Assembly shall have no power
+to give or lend the credit of the State in aid of any person,
+association, or corporation, municipal or otherwise, unless the subject
+be submitted to a direct vote of the people of the State and be
+approved by a majority of those who shall vote thereon.
+
+VIII. By striking out section one of article eight and substituting
+therefor the following:
+
+[Sidenote: Corporations not created by special act.]
+
+[Sidenote: Exceptions.]
+
+[Sidenote: General laws.]
+
+[Sidenote: Alteration and repeal of general laws and special acts.]
+
+[Sidenote: Repeal of charters.]
+
+"SECTION 1. No corporation shall be created nor shall its charter be
+extended, altered, or amended by special act, except corporations for
+charitable, educational, penal, or reformatory purposes that are to be
+and remain under the patronage and control of the State; but the General
+Assembly shall provide by general laws for the chartering and
+organization of all corporations, and for amending, extending, and
+forfeiture of all charters, except those above permitted by special act.
+All such general laws and special acts may be altered from time to time
+or repealed; and the General Assembly may at any time by special act
+repeal the charter of any corporation."
+
+IX. By striking out section four of article eight, and substituting
+therefor the following:
+
+[Sidenote: General laws for organization of cities, towns, and
+incorporated villages.]
+
+"It shall be the duty of the Legislature to provide by general laws for
+the organization of cities, towns, and incorporated villages, and to
+restrict their power of taxation, assessment, borrowing money,
+contracting debts, and loaning their credit, so as to prevent abuses in
+assessment and in contracting debts by such municipal corporations."
+
+[Sidenote: School term.]
+
+X. By striking out the words "four months" in section three of article
+nine, and inserting in lieu thereof the words "six months."
+
+[Sidenote: Amendments to be submitted to qualified voters of State.]
+
+SEC. 2. That the several amendments to the Constitution hereinbefore set
+forth as numbered from I to X, inclusive, respectively, shall be and are
+hereby submitted to the qualified voters of the whole State at the next
+general election as separate amendments to the Constitution, all
+amendments proposed under each number respectively being regarded as one
+amendment.
+
+[Sidenote: Ballots.]
+
+SEC. 3. That the said several proposed amendments shall be designated on
+one ballot by their appropriate article and section numbers, and also by
+their appropriate descriptive titles, and as so designated on said
+ballot shall be consecutively numbered in the manner and form
+hereinafter set forth.
+
+[Sidenote: Effect of adoption of any amendment.]
+
+[Sidenote: Effect of rejection of any amendment.]
+
+SEC. 4. That the adoption of any amendment by its title by marking the
+said ballot as hereinafter indicated shall have the effect of adopting
+the amendment in full as agreed upon by the General Assembly; and the
+rejection of any amendment by its title, by marking the said ballot as
+hereinafter indicated, shall have the effect of rejecting said amendment
+as a whole, but shall not affect any other amendment.
+
+[Sidenote: Form of ballot.]
+
+SEC. 5. The said ballots shall be in form substantially as follows:
+
+
+
+
+OFFICIAL BALLOT.
+
+ AMENDMENTS TO THE CONSTITUTION OF NORTH CAROLINA AGREED UPON
+ BY THREE-FIFTHS OF EACH HOUSE OF THE GENERAL ASSEMBLY, AND
+ THEREUPON SUBMITTED TO THE QUALIFIED VOTERS OF THE WHOLE
+ STATE, GENERAL ELECTION, NOVEMBER ____, ONE THOUSAND
+ NINE HUNDRED AND FOURTEEN.
+
+
+DIRECTIONS TO THE VOTER:
+
+To vote FOR any Amendment, place a cross mark in the blank space in
+which is the word "YES," opposite the title of such amendment.
+
+To vote AGAINST any amendment, place a cross mark in the blank space in
+which is the word "NO," opposite the title of such amendment.
+
+========================================================================
+ | | AMENDMENT TO ARTICLE I, SECTION 6, AND
+ | YES | TO ARTICLE VII, SECTION 13,
+ I |_____| Substituting the phrase, "War Between the States,"
+ | | for the words "insurrection or rebellion against
+ | NO | the United States," in Article I, section 6, and the
+ | | word "rebellion" in Article VII, section 13.
+=====+=====+============================================================
+ | |
+ | YES | AMENDMENT TO ARTICLE II, SECTION 28,
+ II |_____|
+ | | Increasing compensation of members of the General
+ | NO | Assembly, and decreasing mileage.
+ | |
+=====+=====+============================================================
+ | |
+ | YES | AMENDMENT TO ARTICLE II (New Section),
+ III |_____|
+ | | Restricting local, private, and special legislation.
+ | NO |
+ | |
+=====+=====+============================================================
+ | |
+ | YES | AMENDMENT TO ARTICLE III, SECTION 1,
+ IV |_____|
+ | | Fixing the day of inauguration of the Governor.
+ | NO |
+ | |
+=====+=====+============================================================
+ | |
+ | YES | AMENDMENT TO ARTICLE IV, SECTION 11,
+ V |_____|
+ | | To prevent delays in trials by providing emergency
+ | NO | judges.
+ | |
+=========================================================================
+ | |
+ | YES | AMENDMENT TO ARTICLE IV, SECTIONS 20, 26, 33,
+ VI |_____|
+ | | Removing obsolete sections from Constitution.
+ | NO |
+ | |
+=====+=====+============================================================
+ | |
+ | YES | Striking out Article V, and Section 9 of Article VII,
+ VII |_____| and substituting therefor an Article to Revise
+ | | and Reform the System of Revenue and Taxation.
+ | NO |
+ | |
+=====+=====+============================================================
+ | |
+ | YES | AMENDMENT TO ARTICLE VIII, SECTION 1,
+VIII |_____|
+ | | To prevent special charters to corporations by the
+ | NO | General Assembly.
+ | |
+=====+=====+============================================================
+ | |
+ | YES | AMENDMENT TO ARTICLE VIII, SECTION 4,
+ IX |_____|
+ | | To prevent special charters to towns, cities, and
+ | NO | incorporated villages.
+ | |
+=====+=====+============================================================
+ | |
+ | YES | AMENDMENT TO ARTICLE IX, SECTION 3,
+ X |_____|
+ | | To require six months public school term.
+ | NO |
+ | |
+=======================================================================
+
+[Sidenote: Ballot boxes.]
+
+[Sidenote: Labels of boxes.]
+
+And the said ballots shall be cast in boxes specially provided by the
+election officers charged with this duty in general elections, and said
+boxes shall be conspicuously labeled, "Ballot Box for Constitutional
+Amendment Election."
+
+[Sidenote: Law governing election.]
+
+[Sidenote: Count and return of vote.]
+
+[Sidenote: Governor to certify adopted amendments to Secretary of
+State.]
+
+[Sidenote: Enrollment.]
+
+SEC. 6. That, except as herein provided, the election upon the several
+amendments herein designated shall be conducted in the same manner and
+under the same rules and regulations as provided under the laws
+governing general elections and in force at the time of said general
+election at which these amendments shall be submitted. The said election
+shall be held and the votes returned, compared, counted, and canvassed,
+and the result announced, under the same rules and regulations as are in
+force at the general election of the year one thousand nine hundred and
+fourteen for returning, comparing, counting, and canvassing the votes
+for Governor; and if the majority of the votes cast be in favor of any
+amendment, it shall be the duty of the Governor of the State to certify
+said amendment under the seal of the State to the Secretary of State,
+who shall enroll the said amendment so certified among the permanent
+records of his office.
+
+[Sidenote: Printing and distribution of copies.]
+
+[Sidenote: Form of ballot.]
+
+SEC. 7. That at least six months prior to the said election the
+Secretary of State shall cause to be printed not less than five hundred
+thousand (500,000) copies of the amendments to be submitted at the said
+election, in one pamphlet, together with a copy of the Constitution as
+it now stands, and a form of ballot, including number, title,
+description, and instructions to voters as shown hereinbefore; and that
+at least one thousand (1,000) of said pamphlets shall be forwarded
+within thirty days after publication to the register of deeds of each
+county in the State for distribution; and that the remainder of said
+pamphlets shall be distributed under the supervision of the Governor and
+Secretary of State.
+
+[Sidenote: Amendments to become part of constitution. When effective.]
+
+[Sidenote: Amendments to prevail in case of conflict.]
+
+SEC. 8. Each amendment on which the number of affirmative votes shall
+exceed the number of negative votes shall become a part of the
+Constitution; and any amendment so adopted shall take effect on the
+second Wednesday after the first Monday in January, in the year one
+thousand nine hundred and fifteen. Any provision of the amendments
+passed and submitted by this General Assembly and so adopted by the
+qualified voters inconsistent with or in conflict with any provisions of
+the present Constitution shall be held to prevail.
+
+SEC. 9. All laws and clauses of laws in conflict with the provisions of
+this act are hereby repealed.
+
+SEC. 10. This act shall be in force from and after its ratification.
+Ratified this the 13th day of October, A. D. 1913.
+
+
+
+
+
+End of the Project Gutenberg EBook of Constitution of the State of North
+Carolina and Copy of the Act of the General Assembly Entitled An Act to Amend the Constitution of the State of North Carolina, by North Carolina
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