people. They shall set forth in said petition the reasons for said demand. If he shall offer his resignation, it shall be accepted and take effect on the day it is offered, and the vacancy shall be filled as may be provided by law. If he shall not resign within five days after the petition is filed, a special election shall be ordered to be held within 20 days in his said electoral district to determine whether the people will recall said officer. On the sample ballot at said election shall be printed in not more than 200 words, the reasons for demanding the recall of said officer as set forth in the recall petition, and in not more than 200 words, the officer's justification of his course in office. He shall continue to perform the duties of his office until the result of said special election shall be officially declared. Other candidates for the office may be nominated to be voted for at said special election. The candidate who shall receive the highest number of votes shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with whom a petition for nomination to such office should be filed, and the same officer shall order the special election when it is required. No such petition shall be circulated against any officer until he has actually held his office six months, save and except that it may be filed against a senator or representative in the legislative assembly at any time after five days from the beginning of the first session after his election. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected unless such further petitioners shall first pay into the public treasury, which has paid such special election expenses, the whole amount of its expenses for the preceding special election. Such additional legislation as may aid the operation of this section shall be provided by the legislative assembly, including provision for payment by the public treasury of the reasonable special election campaign expenses of such officer. But the words, "the legislative assembly shall provide," or any similar or equivalent words in this constitution or any amendment thereto, shall not be construed to grant to the legislative assembly any exclusive power of law-making nor in any way to limit the initiative and referendum powers reserved by the people.* *Proposed by initiative petition filed January 29, 1908. Adopted by the people by vote of 58,381 for and 31,002 against. Majority for, 27,379. ARTICLE VII-JUDICIAL DEPARTMENT Section 18. The legislative assembly shall so provide that the most competent of the permanent citizens of the county shall be chosen for jurors; and out of the whole number in attendance at the court, seven shall be chosen by lot as grand jurors, five of whom must concur to find an indictment. No person shall be charged in any circuit court with the commission of any crime or misdemeanor defined or made punishable by any of the laws of this state, except upon indictment found by a grand jury; provided, however, that any district attorney may file an amended indictment whenever an indictment has, by a ruling of the court, been held to be defective in form.* *Proposed by initiative petition filed January 30, 1908. Adopted by the people by vote of 52,214 for and 28,487 against. Majority for, 23,727. This amendment to section 18 of article VII of the original constitution was amended or modified by the adoption of substitute article VII, November 8, 1910, infra. The original article VII, as to courts, jurisdiction and judicial system, except so far as is changed by these amendments, remains in effect until further legislation is adopted. ARTICLE XIV-SEAT OF GOVERNMENT Section 3. The seat of government, when established as provided in section 1, shall not be removed for a term of twenty (20) years from the time of such establishment, nor in any other manner than as provided in the first section of this article. All the public institutions of the state, not located elsewhere prior to January 1, 1907, shall be located in the county where the seat of government is, excepting when otherwise ordered by an act of the legislative assembly and is ratified by the electors of the state at the next general election following such act, by a majority of all the votes cast on the question of whether or not such act shall be ratified.* *Proposed by the legislative assembly (S. J. R. No. 1), filed February 13, 1907. Adopted by the people by vote of 41,975 for and 40,868 against. Majority for, 1,107. November 8, 1910 ARTICLE VII-JUDICIAL DEPARTMENT See note to section 7 of this article, infra. Section 1. The judicial power of the state shall be vested in one supreme court and in such other courts as may from time to time be created by law. The judges of the supreme and other courts shall be elected by the legal voters of the state or of their respective districts for a term of six years, and shall receive such compensation as may be provided by law, which compensation shall not be diminished during the term for which they are elected. Section 2. The courts, jurisdiction, and judicial system of Oregon, except so far as expressly changed by this amendment, shall remain as at present constituted until otherwise provided by law. But the supreme court may, in its own discretion, take original jurisdiction in mandamus, quo warranto and habeas corpus proceedings. Section 3. In actions at law, where the value in controversy shall exceed $20, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of this state, unless the court can affirmatively say there is no evidence to support the verdict. Until otherwise provided by law, upon appeal of any case to the supreme court, either party may have attached to the bill of exceptions the whole testimony, the instructions of the court to the jury, and any other matter material to the decision of the appeal. If the supreme court shall be of opinion, after consideration of all the matters thus submitted, that the judgment of the court appealed from was such as should have been rendered in the case, such judgment shall be affirmed, notwithstanding any error committed during the trial; or if, in any respect, the judgment appealed from should be changed, and the supreme court shall be of opinion that it can determine what judgment should have been entered in the court below, it shall direct such judgment to be entered in the same manner and with like effect as decrees are now entered in equity cases on appeal to the supreme court. Provided, that nothing in this section shall be construed to authorize the supreme court to find the defendant in a criminal case guilty of an offense for which a greater penalty is provided than that of which the accused was convicted in the lower court. Section 4. The terms of the supreme court shall be appointed by law; but there shall be one term at the seat of government annually. At the close of each term the judges shall file with the secretary of state concise written statements of the decisions made at that term. Section 5. In civil cases three-fourths of the jury may render a verdict. The legislative assembly shall so provide that the most competent of the permanent citizens of the county shall be chosen for jurors; and out of the whole number in attendance at the court, seven shall be chosen by lot as grand jurors, five of whom must concur to find an indictment. But provision may be made by law for drawing and summoning the grand jurors from the regular jury list at any time, separate from the panel of petit jurors, and for the sitting of the grand jury during vacation as well as session of the court, as the judge may direct. No person shall be charged in any circuit court with the commission of any crime or misdemeanor defined or made punishable by any of the laws of this state, except upon indictment found by a grand jury; provided, however, that any district attorney may file an amended indictment whenever an indictment has, by a ruling of the court, been held to be defective in form. Section 6. Public officers shall not be impeached; but incompetency, corruption, malfeasance or delinquency in office may be tried in the same manner as criminal offenses, and judgment may be given of dismissal from office, and such further punishment as may have been prescribed by law.* *This is identical with original section 19 of article VII, supra. Section 7. Every judge of the supreme court, before entering upon the duties of his office, shall take and subscribe, and transmit to the secretary of state, the following oath: "I, do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the state of Oregon, and that I will faithfully and impartially discharge the duties of a judge of the supreme court of this state, according to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been elected." "The foregoing seven sections of article VII were proposed by initiative petition filed July 7, 1910. Adopted by the people by vote of 44,538 for and 39,399 against. Majority for, 5,139. The amendment of article VII, of November 8, 1910, in section 2 thereof, supra, while leaving courts, jurisdiction and judicial system intact until otherwise provided by law (excepting so far as expressly changed by the amendment), leaves to the legislature what was before fixed by the constitution. ARTICLE IX-FINANCE Section 1-a. No poll or head tax shall be levied or collected in Oregon; no bill regulating taxation or exemption throughout the state shall become a law until approved by the people of the state at a regular general election; none of the restrictions of the constitution shall apply to measures approved by the people declaring what shall be subject to taxation or exemption and how it shall be taxed or exempted whether proposed by the legislative assembly or by initiative petition; but the people of the several counties are hereby empowered and authorized to regulate taxation and exemptions within their several counties, subject to any general law which may be hereafter enacted.* *Proposed by initiative petition filed June 23, 1910. Adopted by the people by vote of 44,171 for and 42,127 against. Majority for, 2,044. Amended at the election of November 11, 1912, infra. ARTICLE XI-CORPORATIONS AND INTERNAL IMPROVEMENTS Section 2. Corporations may be formed under general laws, but shall not be created by the legislative assembly by special laws. The legislative assembly shall not enact, amend or repeal any charter or act of incorporation for any municipality, city or town. The legal voters of every city and town are hereby granted power to enact and amend their municipal charter, subject to the constitution and criminal laws of the state of Oregon, and the exclusive power to license, regulate, control, or to suppress or prohibit, the sale of intoxicating liquors therein is vested in such municipality; but such municipality shall within its limits be subject to the provisions of the local option law of the state of Oregon.* *Proposed by initiative petition filed June 23, 1910. Adopted by the people by vote of 53,321 for and 50,779 against. Majority for. 2,542. This section was first amended, 1906. The amendment of article I, section 36 (1914), has repealed the provisions relating to intoxicating liquors; as to initiative and referendum powers, see article IV, section la (1906); as to the time of holding municipal elections, see article II. section 14-a (1917). Section 10. No county shall create any debts or liabilities which shall singly or in the aggregate exceed the sum of $5,000, except to suppress insurrection or repel invasion, or to build permanent roads within the county, but debts for permanent roads shall be incurred only on approval of a majority of those voting on the question.* *Proposed by initiative petition filed July 7, 1910. infra. Adopted by the people by vote of 51,275 for and 32,906 against. Majority for, 18,369. Amended at the elections of 1912, 1919, 1920, 1922, and three times in 1926, which see, November 5, 1912 ARTICLE II-SUFFRAGE AND ELECTIONS Section 2. In all elections not otherwise provided for by this constitution, every citizen of the United States, of the age of 21 years and upwards, who shall have resided in the state during the six months immediately preceding such election, and every person of foreign birth of the age of 21 years and upwards, who shall have resided in this state during the six months immediately preceding such election, and shall have declared his or her intention to become a citizen of the United States one year preceding such election, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote at all elections authorized by law.* *Proposed by initiative petition filed December 20, 1910. Adopted by the people by vote of 61,265 for and 57,104 against. Majority for, 4,161. ARTICLE IX-FINANCE Section 1-a. No poll or head tax shall be levied or collected in Oregon. The legislative assembly shall not declare an emergency in any act regulating taxation or exemption.* *Proposed by initiative petition filed February 27, 1911. Adopted by the people by vote of 63,881 for and 47,150 against. Majority for, 16,731. ARTICLE XI-CORPORATIONS AND INTERNAL IMPROVEMENTS Section 3. The stockholders of all corporations and joint stock companies shall be liable for the indebtedness of said corporation to the amount of their stock subscribed and unpaid and no more, excepting that the stockholders of corporations or joint stock companies conducting the business of banking shall be individually liable equally and ratably and not one for another, for the benefit of the depositors of said bank, to the amount of their stock, at the par value thereof, in addition to the par value of such shares.* *Proposed by the Twenty-sixth Legislative Assembly (S. J. R. No. 13). Adopted by the people by vote of 82,981 for and 21,738 against. Majority for 61,243. Section 7. The legislative assembly shall not lend the credit of the state nor in any manner create any debt or liabilities which shall singly or in the aggregate with previous debts or liabilities exceed the sum of $50,000, except in case of war or to repel invasion or suppress insurrection or to build and maintain permanent roads; and the legislative assembly shall not lend the credit of the state nor in any manner create any debt or liabilities to build and maintain permanent roads which shall singly or in the aggregate with previous debts or liabilities incurred for that purpose exceed two per cent of the assessed valuation of all the property in the state; and every contract of indebtedness entered into or assumed by or on behalf of the state in violation of the provisions of this section, shall be void and of no effect.* *Proposed by initiative petition filed July 2, 1912. Adopted by the people by vote of 59,542 for and 43,447 against. Majority for, 16,095. Section 10. No county shall create any debts or liabilities which shall singly or in the aggregate with previous debts or liabilities exceed the sum of $5,000, except to suppress insurrection or repel invasion or to build and maintain permanent roads within the county; and debts for permanent roads shall be incurred only on approval of a majority of those voting on the question, and shall not either singly or in the aggregate with previous debts and liabilities incurred for that purpose exceed two per cent of the assessed valuation of all the property of the county.* *Proposed by initiative petition filed July 2, 1912. Adopted by the people by vote of 57,258 for and 43,858 against. Majority for, 18,400. Amended again at elections of 1919, 1920, 1922, and 1926, which see. The original section was previously amended, 1910. November 3, 1914 ARTICLE I-BILL OF RIGHTS Section 36. From and after January 1, 1916, no intoxicating liquors shall be manufactured, or sold within this state, except for medicinal purposes upon prescription of a licensed physician, or for scientific, sacramental or mechanical purposes. This section is self-executing and all provisions of the constitution and laws of this state and of the charters and ordinances of all cities, towns and other municipalities therein, in conflict with the provisions of this section, are hereby repealed.* *Proposed by initiative petition filed July 1, 1914. Adopted by the people by vote of 136,842 for and 100,362 against. Majority for, 36,480. See note to following section, also numbered section 36. ARTICLE I-BILL OF RIGHTS Section 36. The death penalty shall not be inflicted upon any person under the laws of Oregon. The maximum punishment which may be inflicted shall be life imprisonment. All provisions of the constitution and laws of Oregon in conflict with this section are hereby abrogated and repealed in so far as they conflict herewith, and this section is self-executing.* *Proposed by initiative petition filed July 2, 1914. Adopted by the people by vote of 100,552 for and 100,395 against. Majority for, 157. This section 36 was repealed by the adoption of sections 37 and 38 to this article, May 21, 1920. The above two sections numbered 36 were so designated on the respective initiative petitions for submitting them to the people at the same election, which accounts for their carrying the same numbers. ARTICLE II-SUFFRAGE AND ELECTIONS Section 2. In all elections not otherwise provided for by this constitution, every citizen of the United States, of the age of 21 years and upwards, who shall have resided in the state during the six months immediately preceding such election, shall be entitled to vote.* *Proposed by legislative assembly (S. J. R. No. 6), filed January 31, 1913. Adopted by the people by vote of 164,879 for and 39,847 against. Majority for, 125,032. This section was originally amended by vote of the people, November 5, 1912, extending the right of suffrage to women; it has been again amended, November 4, 1924, infra. ARTICLE XI-CORPORATIONS AND INTERNAL IMPROVEMENTS Section 2a. The legislative assembly, or the people by the initiative, may enact a general law providing a method whereby an incorporated city or town or municipal corporation may surrender its charter and be merged in an adjoining city or town, provided a majority of the electors of each of the incorporated cities or towns or municipal corporations affected authorize the surrender or merger, as the case may be.* *Proposed by legislative assembly (H. J. R. No. 10), filed February 26, 1913. November 7, 1916 ARTICLE I-BILL OF RIGHTS Section 36-a. No intoxicating liquors shall be imported into this state for beverage purposes. This section is self-executing, and all provisions of the constitution and laws of this state and of the charters and ordinances of all cities, towns and other municipalities therein, in conflict with the provisions of this section, are hereby repealed.* *Proposed by initiative petition filed July 6, 1916. Adopted by the people by vote of 114,932 for and 109,671 against. Majority for, 5,261. This is an additional section to article I. |