Certain Judicial officers not to receive fees What Judges not to act as attorneys or referees What Judges must be attorneys Article VI, § 20 Lincoln's Constitutional History For note on county clerk, see IV :721-722. 1846. II:163. 1867. II :285. Debates of constitutional conventions 1846. 821-822 (Sept. 8). 1894. II:1194–1195 (III:1276); III:23–24 (III:1291-1292). Texts of proposed amendments 1 2 3 4 5 6 In the constitutional convention of 1894: see Proposed Constitutional § 20. No judicial officer, except Justices of the Peace, shall receive to his own use any fees or perquisites of office; nor shall any Judge of the Court of Appeals, or Justice of the Supreme Court, or any County Judge or Surrogate hereafter elected in a county having a population exceeding one hundred and twenty thousand, practice as an attorney or coun7 selor in any court of record in this State, or act as referee. 8 The Legislature may impose a similar prohibition upon 9 County Judges and Surrogates in other counties. No one shall be eligible to the office of Judge of the Court of Ap11 peals, Justice of the Supreme Court, or, except in the county 12 of Hamilton, to the office of County Judge or Surrogate, who 13 is not an attorney and counselor of this State.53 10 Source Const. 1846, Art. VI, $ 20; amended, Judiciary Article, 1869,5* Lincoln's Constitutional History For court decisions construing this section, see IV :631-632. 1867. Practice as attorney, II:285. 1890. Practice as attorney, II:716, 725. 1894. Practice as attorney and fees prohibited, III:369–372. Debates of constitutional conventions 1846. Fees prohibited, 823-825 (Sept. 8). 1867. Fees prohibited, IV:2626-2630. 1894. Fees prohibited, II:1195-1200 (III:1276-1279); practice as attorney, II:1195-1200 (III:1276-1279), III:13-15 (III:12861287); judges, eligibility, III:6-13 (III:1282–1286). 52 This overture was adopted by the convention and accordingly became a part of the Constitution. 53 See Supplemental Notes following Article XV, post, under the title Attorneys. 54 See footnote no. 3, to Art. VI, § 1, ante. Article VI, § 22 Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 66, 181 (Int. 180), 210 (Int. 208), 268 (Int. 266), 274 (Int. 272), 422 (Int. 383).55 of statutes dicial de § 21. The Legislature shall provide for the speedy publica- Publication 2 tion of all statutes, and shall regulate the reporting of the and ju 3 decisions of the courts; but all laws and judicial decisions cisions 4 shall be free for publication by any person.5 Source 56 Const. 1846, Art. VI, § 22; amended, Judiciary Article, 1869,57 Art. Debates of constitutional conventions 1867. Statutes, III:2099-2101; IV:2630-2632, 2789-2791. Texts of proposed amendments 1 2 In the constitutional convention of 1894: see Proposed Constitutional judicial § 22. Justices of the Peace and other local judicial officers Local provided for in sections seventeen and eighteen in office when offers, 3 this article takes effect, shall hold their offices until the ex4 piration of their respective terms. Source Const. 1894, Art. VI, § 22. See also Judiciary Article, 1869,59 Art. Lincoln's Constitutional History For court decisions construing this section, see IV :633. Debates of constitutional conventions 1867. IV:2632. Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional 55 This overture was adopted by the convention and accordingly became a part of the Constitution. 56 For references to the codification of the law and to a council of law reporting, see Supplemental Notes following Article XV, post, under the titles Codification, and Courts, respectively. 57 See footnote no. 3, to Art. VI, § 1, ante. 58 This overture was adopted by the convention and accordingly became a part of the Constitution. 59 See footnote no. 3, to Art. VI, § 1, ante. 60 This overture was adopted by the convention and accordingly became a part of the Constitution. terms not abridged Article VI, § 25 Courts of special sessions 1 2 § 23. Courts of Special Sessions shall have such jurisdiction of offenses of the grade of misdemeanors as may be prescribed 3 by law. Source Judiciary Article, 1869,61 Art. VI, § 26; continued without change in Lincoln's Constitutional History For court decisions construing this section, see IV :633. 1867. II:284. 1894. III:372. Debates of constitutional conventions 1894. III:15-23 (III:1287-1291). ARTICLE VII1 Section 1. The credit of the State shall not in any manner be given or loaned to or in aid of any individual, association or corporation.2 Source Const. 1846, Art. VII, § 9; continued without change in Const. 1894, Lincoln's Constitutional History For court decisions construing this section, see IV :634. 1846. II:179–180. Debates of constitutional conventions 1846. 849-857, 864-868 (Sept. 12-14). 1867. III:1840-1848, 1992-2018, 2341-2343; V:3327-3338, 33663369, 3461-3482, 3764-3765. Texts of proposed amendments In the convention of 1894: see Proposed Constitutional Amendments, In the legislature, 1895-1914: see Part II, post, p. 161. § 2. The State may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts; but such debts, direct or contingent, singly or in the aggre 61 See footnote no. 3, to Art. VI, § 1, ante. 1 For the subject of the salt springs, see Supplemental Notes following Art. XV, post, under that title. For various matters relating to taxation, see Supplemental Notes under that title. 2 But see Art. VIII, § 9, post. Article VII, § 3 of moneys 4 gate, shall not at any time exceed one million of dollars; and 5 the moneys arising from the loans creating such debts shall Application 6 be applied to the purpose for which they were obtained, or 7 to repay the debt so contracted, and to no other purpose whatever.3 8 Source Const. 1846, Art. VII, § 10; continued without change in Const. Lincoln's Constitutional History For historical statement of the conditions leading to the inclusion of this section into the Constitution, see II:73-91. References to constitutional conventions. 1846. II:174-179. 1867. II:357. Debates of constitutional conventions 1846. 857-877 (Sept. 14-15), 1083-1105; appendix (Sept. 11), 11051123; Appendix (Sept. 16). 1867. III:1848-1850; V:3746-3748. Texts of proposed amendments 1 In the convention of 1894: see Proposed Constitutional Amendments, In the legislature, 1895-1914: see Part II, post, pp. 161-162. state de § 3. In addition to the above limited power to contract Debts for 2 debts, the State may contract debts to repel invasion, suppress fease 3 insurrection, or defend the State in war; but the money aris4 ing from the contracting of such debts shall be applied to the 5 purpose for which it was raised, or to repay such debts, and 6 to no other purpose whatever. Source Const. 1846, Art. VII, § 11; continued without change in Const. 1894, Art. VII, § 3. Lincoln's Constitutional History For comment on this section, see IV:635. See also the notes to Debates of constitutional conventions 1867. III:1850-1852. Texts of proposed amendments In the convention of 1894: see Proposed Constitutional Amendments, 3 For restriction as to state debt, see Supplemental Notes following Art. XV, post, under the title State Finance. Article VII, § 4 Limitation of legislative power to create debts Submission to people of laws creating debts 1 2 9 10 11 Manner of 12 passage of such laws in legislature Legisla ture's power over debts after 14 15 16 17 approval by 18 people § 4. Except the debts specified in sections two and three of this article, no debts shall be hereafter contracted by or 3 in behalf of this state, unless such debt shall be authorized 4 by law, for some single work or object, to be distinctly speci5 fied therein; and such law shall impose and provide for the 6 collection of a direct annual tax to pay, and sufficient to pay, 7 the interest on such debt as it falls due, and also to pay and 8 discharge the principal of such debt within fifty years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for and against it at such election. On the final passage of such bill in either house of the legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: "Shall this bill pass, and ought the same to receive the sanction of the people?" The legislature may at any time after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same; and may at any time, by law, 20 forbid the contracting of any further debt or liability under 21 such law; but the tax imposed by such act, in proportion 22 to the debt and liability which may have been contracted in 23 pursuance of such law, shall remain in force and be irrepeal24 able, and be annually collected, until the proceeds thereof 25 shall have made the provision hereinbefore specified to pay 26 and discharge the interest and principal of such debt and Use of loan 27 liability. The money arising from any loan or stock creating 28 such debt or liability shall be applied to the work or object 29 specified in the act authorizing such debt or liability, or for 30 the payment of such debt or liability, and for no other purRestric- 31 pose whatever. No such law shall be submitted to be voted on within three months after its passage or at any general election when any other law, or any bill shall be submitted to be voted for or against. The legislature may provide 35 for the issue of bonds of the state to run for a period not 36 exceeding fifty years in lieu of bonds heretofore authorized 37 but not issued and shall impose and provide for the collection 38 of a direct annual tax for the payment of the same as here39 inbefore required. When any sinking fund created under fund 40 this section shall equal in amount the debt for which it was Tax irrepealable restricted tions on submission 32 to people Bond issue Sinking 33 |