fail to render a verdict, the court before which the trial is had may, in its discretion, discharge the jury and commit or bail the prisoner for trial at the next term of court, or if the state of business will permit, at the same term; and if judgment be arrested after a verdict of guilty on a defective indictment, or if judgment on a verdict of guilty be reversed for error in law, nothing herein contained shall prevent a new trial of the prisoner on a proper indictment, or according to correct principles of law. SEC. 24. That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great. SEC. 25. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. SEC. 26. That the privilege of the writ of habeas corpus shall never be suspended. SEC. 27. That the military shall always be in strict subordination to the civil power; that no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner prescribed by law. SEC. 28. The right of trial by jury, as heretofore enjoyed, shall remain inviolate; but a jury for the trial of criminal or civil cases, in courts not of record, may consist of less than twelve men, as may be prescribed by law. Hereafter, a grand jury shall consist of twelve men, any nine of whom concurring may find an indictment or a true bill. SEC. 29. That the people have the right peaceably to assemble for their common good, and to apply to those invested with the powers of government for redress of grievances by petition or remonstrance. SEC. 30. That no person shall be deprived of life, liberty or property without due process of law. SEC. 31. That there cannot be in this state either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted. SEC. 32. The enumeration in this constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people. ARTICLE III.-THE DISTRIBUTION OF POWERS. The powers of government shall be divided into three distinct departments the legislative, executive, and judicial—each of which shall be confided to a separate magistracy and no person, or collection of persons, charged with the exercise of powers properly belonging to one of those departments, shall exercise any power properly belonging to either of the others, except in the instances in this constitution expressly directed or permitted. ARTICLE IV.-LEGISLATIVE DEPARTMENT. SECTION 1. The legislative power, subject to the limitations herein contained, shall be vested in a senate and house of representatives, to be styled "The General Assembly of the State of Missouri." REPRESENTATION AND APPORTIONMENT. SEC. 2. The house of representatives shall consist of members to be chosen every second year by the qualified voters of the several counties, and apportioned in the following manner: The ratio of representation shall be ascertained at each apportioning session of the general assembly, by dividing the whole number of inhabitants of the state, as ascertained by the last decennial census of the United States, by the number two hundred. Each county having one ratio, or less, shall be entitled to one representative; each county having two and a half times said ratio, shall be entitled to two representatives; each county having four times said ratio, shall be entitled to three representatives; each county having six times such ratio, shall be entitled to four representatives, and so on above that number, giving one additional member for every two and a half additional ratios. SEC. 3. When any county shall be entitled to more than one representative, the county court shall cause such county to be subdivided into districts of compact and contiguous territory, corresponding in number to the representatives to which such county is entitled, and in population as nearly equal as may be, in each of which the qualified voters shall elect one representative, who shall be a resident of such district: Provided, That when any county shall be entitled to more than ten representatives, the circuit court shall cause such county to be subdivided into districts, so as to give each district not less than two, nor more than four representatives, who shall be residents of such district; the population of the districts to be proportioned to the number of representatives to be elected therefrom. SEC. 4. No person shall be a member of the house of representatives who shall not have attained the age of twenty-four years, who shall not be a male citizen of the United States, who shall not have been a qualified voter of this state two years, and an inhabitant of the county or district which he may be chosen to represent, one year next before the day of his election, if such county or district shall have been so long established, but if not, then of the county or district from which the same shall have been taken, and who shall not have paid a state and county tax within one year next preceding the election. SEC. 5. The senate shall consist of thirty-four members, to be chosen by the qualified voters of their respective districts for four years. For the election of senators the state shall be divided into convenient districts, as nearly equal in population as may be, the same to be ascertained by the last decennial census taken by the United States. SEC. 6. No person shall be a senator who shall not have attained the age of thirty years, who shall not be a male citizen of the United States, who shall not have been a qualified voter of this state three years, and an inhabitant of the district which he may be chosen to represent one year next before the day of his election, if such district shall have been so long established; but if not, then of the district or districts from which the same shall have been taken, and who shall not have paid a state and county tax within one year next preceding the election. When any county shall be entitled to more than one senator, the circuit court shall cause such county to be subdivided into districts of compact and contiguous territory, and of population as nearly equal as may be, corresponding in number with the senators to which such county may be entitled; and in each of these one senator, who shall be a resident of such district, shall be elected by the qualified voters thereof. SEC. 7. Senators and representatives shall be chosen according to the rule of apportionment established in this constitution, until the next decennial census by the United States shall have been taken and the result thereof as to this state ascertained, when the apportionment shall be revised and adjusted on the basis of that census, and every ten years thereafter upon the basis of the United States census; or if such census be not taken, or is delayed, then on the basis of a state census; such apportionment to be made at the first session of the general assembly after each such census: Provided, That if at any time, or from any cause, the general assembly shall fail or refuse to district the state for senators, as required in this section, it shall be the duty of the governor, secretary of state, and attorney-general, within thirty days after the adjournment of the general assembly on which such duty devolved, to perform said duty, and to file in the office of the secretary of state a full statement of the districts formed by them, including the names of the counties embraced in each district, and the numbers thereof; said statement to be signed by them, and attested by the great seal of the state, and upon the proclamation of the governor, the same shall be as binding and effectual as if done by the general assembly. SEC. 8. Until an apportionment of representatives can be made, in accordance with the provisions of this article, the house of representatives shall consist of one hundred and forty-three members, which shall be divided among the several counties of the state, as follows: The county of St. Louis shall have seventeen; the county of Jackson four; the county of Buchanan three; the counties of Franklin, Greene, Johnson, Lafayette, Macon, Marion, Pike, and Saline, each two, and each of the other counties in the state, one. SEC. 9. Senatorial and representative districts may be altered, from time to time, as public convenience may require. When any senatorial district shall be composed of two or more counties, they shall be contiguous; such districts to be as compact as may be, and in the formation of the same no county shall be divided. SEC. 10. The first election of senators and representatives, under this constitution, shall be held at the general election in the year one thousand eight hundred and seventy-six, when the whole number of representatives, and the senators from the districts having odd numbers, who shall compose the first class, shall be chosen; and in one thousand eight hundred and seventy-eight, the senators from the districts having even numbers, who shall compose the second class, and so on at each succeeding general election, half the senators provided for by this constitution shall be chosen. SEC. 11. Until the state shall be divided into senatorial districts, in accordance with the provisions of this article, said districts shall be constituted and numbered as follows: The First District shall be composed of the counties of Andrew, Holt, Nodaway and Atchison. Second District-The counties of Buchanan, DeKalb, Gentry and Worth. Third District-The counties of Clay, Clinton and Platte. Fourth District-The counties of Caldwell, Ray, Daviess and Harrison. Tenth District-The counties of St. Charles and Warren. Eleventh District-The counties of Pike, Lincoln and Montgomery. Sixteenth District-The counties of Vernon, Barton, Jasper, Newton and McDonald. Seventeenth District-The counties of Lafayette and Johnson. Eighteenth District-The counties of Greene, Lawrence, Barry, Stone and Christian. Nineteenth District-The counties of Saline, Pettis and Benton. Twentieth District-The counties of Polk, Hickory, Dallas, Dade, Cedar and St. Clair. Twenty-first District-The counties of Laclede, Webster, Wright, Texas, Douglas, Taney, Ozark and Howell. Twenty-second District-The counties of Phelps, Miller, Maries, Camden, Pulaski, Crawford and Dent. Twenty-third District-The counties of Cape Girardeau, Mississippi, New Madrid, Pemiscot, Dunklin, Stoddard and Scott. Twenty-fourth District-The counties of Iron, Madison, Bollinger, Wayne, Butler, Reynolds, Carter, Ripley, Oregon and Shannon. Twenty-fifth District-The counties of Franklin, Gasconade and Osage. Twenty-sixth District-The counties of Washington, Jefferson, St. Francois, Ste. Genevieve and Perry. Twenty-eighth District-The counties of Cooper, Moniteau, Morgan and Cole. St. Louis county shall be divided into seven districts, numbered respectively, as follows: Twenty-seventh, Twenty-ninth, Thirtieth, Thirty-first, Thirty-second, Thirty-third and Thirty-fourth. SEC. 12. No senator or representative shall, during the term for which he shall have been elected, be appointed to any office under this state, or any municipality thereof; and no member of congress or person holding any lucrative office under the United States, or this state, or any municipality thereof, (militia offices, justices of the peace and notaríes public excepted,) shall be eligible to either house of the general assembly, or remain a member thereof, after having accepted any such office or seat in either house of congress. SEC. 13. If any senator or representative remove his residence from the district or county for which he was elected, his office shall thereby be vacated. SEC. 14. Writs of election to fill such vacancies as may occur in either house of the general assembly, shall be issued by the governor. SEC. 15. Every senator and representative elect, before entering upon the duties of his office, shall take and subscribe the following oath or affirmation: "I do solemnly swear [or affirm] that I will support the constitution of the United States and of the state of Missouri, and faithfully perform the duties of my office, and that I will not knowingly receive, directly or indirectly, any money or other valuable thing, for the performance or non-performance of any act or duty pertaining to my office, other than the compensation allowed by law." The oath shall be administered in the halls of their respective houses, to the members thereof, by some judge of the supreme court, or the circuit court, or the county court of Cole county, or after the organization, by the presiding officer of either house, and shall be filed in the office of the secretary of state. Any member of either house refusing to take said oath or affirmation, shall be deemed to have thereby vacated his office, and any member convicted of having violated his oath or affirmation, shall be deemed guilty of perjury, and be forever thereafter disqualified from holding any office of trust or profit in this state. SEC. 16. The members of the general assembly shall severally receive from the public treasury such compensation for their services as may, from time to time, be provided by law, not to exceed five dollars per day for the first seventy days of each session, and after that not to exceed one dollar per day for the remainder of the session, except the first session held under this constitution, and during revising sessions, when they may receive five dollars per day for one hundred and twenty days, and one dollar per day for the remainder of such sessions. In addition to per diem, the members shall be entitled to receive traveling expenses or mileage, for any regular and extra session not greater than now provided by law; but no member shall be entitled to traveling expenses or mileage for any extra session that may be called within one day after an adjournment of a regular session. Committees of either house, or joint committees of both houses, appointed to examine the institutions of the state, other than those at the seat of government, may receive their actual expenses, necessarily incurred while in the performance of such duty; the items of such expenses to be returned to the chairman of such committee, and by him certified to the state auditor, before the same, or any part thereof, can be paid. Each member may receive at each regular session an additional sum of thirty dollars, which shall be in full for all stationery used in his official capacity, and all postage, and all other incidental expenses and perquisites; and no allowance or emoluments, for any purpose whatever, shall be made to, or received by the members, or any member of either house, or for their use, out of the contingent fund or otherwise, except as herein expressly provided; and no allowance or emolument, for any purpose whatever, shall ever be paid to any officer, agent, servant or employe of either house of the general assembly, or of any committee thereof, except such per diem as may be provided for by law, not to exceed five dollars. SEC. 17. Each house shall appoint its own officers; shall be sole judge of the qualifications, election and returns of its own members; may determine the rules of its own proceedings, except as herein provided; may arrest and punish by fine not exceeding three hundred dollars, or imprisonment in a county jail not exceeding ten days, or both, any person, not a member, who shall be guilty of disrespect to the house by any disorderly or contemptuous behavior in its presence during its sessions; may punish its members for disorderly conduct; and with the concurrence of two-thirds of all members elect, may expel a member; but no member shall be expelled a second time for the same cause. SEC. 18. A majority of the whole number of members of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide. |