lieutenant governor.

SEC. 6. The lieutenant governor shall be ex-officio president Duties of of the Senate; and in case a vacancy shall occur, from any cause whatever, in the office of governor, he shall be governor during such vacancy. The compensation of lieutenant governor shall be double the compensation of a state senator. Before the close of each session of the Senate they shall elect a president pro tempore, who shall be lieutenant governor in case a vacancy should occur in that office.

terms of

first State

SEC. 7. The term of each of the executive officers named in omcial this article shall commence on taking the oath of office on or after the first day of May, 1858, and continue until the first Mon- officers. day of January, 1860, except the auditor, who shall continue in office till the first Monday of January, 1861, and until their successors shall have been duly elected and qualified; and the same [Obsolete.] above mentioned time for qualification and entry upon the duties of their respective offices shall extend and apply to all other officers elected under the State Constitution, who have not already taken the oath of office, and commenced the performance of their official duties.*

Office to be taken by

SEC. 8. Each officer created by this article shall, before oath of entering upon his duties, take an oath or affirmation to support the Constitution of the United States and of this State, and faith- State fully discharge the duties of his office to the best of his judgment

and ability.

Officers.

SEC. 9. Laws shall be passed at the first session of the legis- [Obsolete.] lature after the State is admitted into the Union to carry out the provisions of this article.

ARTICLE VI.

JUDICIARY.

SECTION 1. The judicial power of the State shall be vested in a supreme court, district courts, courts of probate, justices of the peace, and such other courts, inferior to the supreme court, as the legislature may from time to time establish by a twothirds vote. (a)

Judicial

powers.

SEC. 2. The supreme court shall consist of one chief justice Supreme and two associate justices, but the number of the associate jus- court. tices may be increased to a number not exceeding four, by the legislature, by a two-thirds vote, when it shall be deemed neces

*This section was adopted April 15, 1858.

(a) Article 6, Section 1. The provision of article 6, section 1, vesting the judicial powers of the state in the courts specified therein, is not infringed by the statute authorizing the appointment of and trial of cases before referees, who are merely subordinate officers of the courts, acting only in an intermediate capacity. 5 Minn. 78.

Jurisdiction

and powers.

Reporter of decisions.

Clerk of supreme court.

Election and

for judges.

District

judges may act where

sary. It shall have original jurisdiction in such remedial cases as may be prescribed by law, and appellate jurisdiction in all cases, both in law and equity, but there shall be no trial by jury in said court. It shall hold one or more terms in each year, as the legislature may direct, at the seat of government, and the legislature may provide, by a two-thirds vote, that one term in each year shall be held in each or any judicial district. It shall be the duty of such court to appoint a reporter of its decisions. There shall be chosen, by the qualified electors of the State, one clerk of the supreme court, who shall hold his office for the term of four years, and until his successor is duly elected and qualified, and the judges of the supreme court, or a majority of them, shall have the power to fill any vacancy in the office of clerk of the supreme court until an election can be regularly had. (a)

SEC. 3. The judges of the supreme court shall be elected by term of office the electors of the State at large, and their term of office shall be six years, and until their successors are elected and qualified. [Whenever all or a majority of the judges of the supreme court shall, from any cause, be disqualified from sitting in any case in said court, the governor, or, if he shall be interested in the result of such case, then the lieutenant governor, shall assign judges of the district court of the State, who shall sit in such case in place of such disqualified judges, with all the powers and duties of judges of the supreme court.]*

supreme Judges are disqualified.

Judicial

districts for district courts.

Election of judges.

Term of

office and residence.

Jurisdiction

of district courts.

SEC. 4. The State shall be divided by the legislature into judicial districts, which shall be composed of contiguous territory, be bounded by county lines, and contain a population as nearly equal as may be practicable. In cach judicial district, one or more judges, as the legislature may prescribe, shall be elected by the electors thereof, whose term of office shall be six years, and each of said judges shall severally have and exercise the powers of the court, under such limitations as may be prescribed by law. Every district judge shall, at the time of his election, be a resident of the district for which he shall be elected, and shall reside therein during his continuance in office. In case any court of common pleas heretofore established shall be abolished, the judge of said court may be constituted by the legislature one of the judges of the district court of the district wherein such court has been so established, for a period not exceeding the unexpired term for which he was elected.†

SEC. 5. The district courts shall have original jurisdiction in all civil cases, both in law and equity, where the amount in controversy exceeds one hundred dollars, and in all criminal cases

(a) The supreme court shall consist of one chief justice and four associate justices. G. L. 1881, ch. 141.

*Paragraph in brackets added Nov. 7, 1876.

This section was adopted Nov. 5, 1875.

where the punishment shall exceed three months' imprisonment or a fine of more than one hundred dollars, and shall have such appellate jurisdiction as may be prescribed by law. The legislature may provide by law that the judge of one district may discharge the duties of judge of any other district not his own, when convenience or the public interest may require it.

SEC. 6. The judges of the supreme and district courts shall be men learned in the law, and shall receive such compensation at stated times as may be prescribed by the legislature; which compensation shall not be diminished during their continuance in office, but they shall receive no other fee or reward for their services.

Qualifica tions.

court.

Judges to be elected.

SEC. 7. There shall be established in each organized county Probate in the State a probate court, which shall be a court of record, and be held at such time and places as may be prescribed by law. It shall be held by one judge, who shall be elected by the voters of the county for the term of two years. He shall be a resident of such county at the time of his election, and reside therein during his continuance in office; and his compensation shall be provided by law. He may appoint his own clerk where none has been elected; but the legislature may authorize the election, by the electors of any county, of one clerk or register of probate for such county, whose powers, duties, term of office and compensation shall be prescribed by law. A probate court Jurisdiction. shall have jurisdiction over the estates of deceased persons and persons under guardianship, but no other jurisdiction, except as prescribed by this Constitution.

SEC. 8. The legislature shall provide for the election of a sufficient number of justices of the peace in each county, whose term of office shall be two years, and whose duties and compensation shall be prescribed by law. Provided, That no justice of the peace shall have jurisdiction of any civil cause where the amount in controversy shall exceed one hundred dollars, nor in a criminal cause where the punishment shall exceed three months' imprisonment, or a fine over one hundred dollars, nor in any cause involving the title to real estate.

Justices of

the peace to be elected.

Jurisdiction.

other courts to be elected.

SEC. 9. All judges other than those provided for in this Judges for Constitution shall be elected by the electors of the judicial district, county, or city, for which they shall be created, not for a longer term than seven years.

SEC. 10. In case the office of any judge become vacant before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor is elected and qualified. And such successor shall be elected at the first annual election that occurs more than thirty days after the vacancy shall have happened.

Vacanciesappointment by governor.

Prohibition

supreme or district judges to hold other

offices, or to be voted for office while in office.

Change of judicial districts.

Clerk of court.

Legal pleadings.

Court commissionerpowers and jurisdiction.

Elective franchise.

Residence required.

Citizens of the United

States.

Mixed

Indians.

Pure Indians having adopted habits of civilization.

SEC. 11. The justices of the supreme court and the district courts shall hold no office under the United States, nor any other office under this State. And all votes for either of them for any elective office under this Constitution, except a judicial office given by the legislature or the people, during their continuance in office, shall be void.

SEC. 12. The legislature may at any time change the number of judicial districts or their boundaries, when it shall be deemed expedient; but no such change shall vacate the office of any judge.

SEC. 13. There shall be elected in each county where a district court shall be held, one clerk of said court, whose qualifications, duties and compensation shall be prescribed by law, and whose term of office shall be four years.

SEC. 14. Legal pleadings and proceedings in the courts of this State shall be under the direction of the legislature. The style of all process shall be, "The State of Minnesota," and all indictments shall conclude, "against the peace and dignity of the State of Minnesota."

SEC. 15. The legislature may provide for the election of one person in each organized county in this State, to be called a court commissioner, with judicial power and jurisdiction not exceeding the power and jurisdiction of a judge of the district court at chambers; or the legislature may, instead of such election, confer such power and jurisdiction upon the judges of probate in the State.

ARTICLE VII.

ELECTIVE FRANCHISE.

*SECTION I. What persons are entitled to vote:

Every male person of the age of twenty-one (21) years or upwards belonging to either of the following classes who has resided in this State six (6) months next preceding any election shall be entitled to vote at such election in the election district of which he shall at the time have been for thirty (30) days a resident, for all officers that now are, or hereafter may be, elect ive by the people.

First-Citizens of the United States who have been such for the period of three (3) months next preceding any election. Second-Persons of mixed white and Indian blood, who have adopted the customs and habits of civilization.

Third-Persons of Indian blood residing in this State, who have adopted the language, customs and habits of civilization, after an examination before any district court of the State, in such manner as may be provided by law, and shall have been pronounced by said court capable of enjoying the rights of citizenship within the State.

*Section 1, adopted Nov. 3, 1896.

SEC. 2. No person not belonging to one of the classes speci- Non-eligible. fied in the preceding section; no person who has been convicted of treason or any felony, unless restored to civil rights; and no person under guardianship, or who may be non compos mentis or insane, shall be entitled or permitted to vote at any election in this State.

Residence

not lost in

certain

cases.

SEC. 3. For the purpose of voting, no person shall be deemed to have lost a residence by reason of his absence while employed in the service of the United States; nor while engaged upon the waters of this State or of the United States; nor while a student in any seminary of learning; nor while kept at any almshouse or asylum; nor while confined in any public prison. SEC. 4. No soldier, seaman or marine in the army or navy of Soldiers and the United States shall be deemed a resident of this State in consequence of being stationed within the same. SEC. 5. During the day on which any election shall be held, suspended no person shall be arrested by virtue of any civil process.

SEC. 6. All elections shall be by ballot, except for such town officers as may be directed by law to be otherwise chosen.

SEC. 7. Every person who by the provisions of this article shall be entitled to vote at any election shall be eligible to any office which now is, or hereafter shall be, elective by the people in the district wherein he shall have resided thirty days previous to such election, except as otherwise provided in this Constitution, or the Constitution and laws of the United States. (a)

SEC. 8.* Women may vote for school officers and members of library boards, and shall be eligible to hold any office pertaining to the management of schools or libraries.

Any woman of the age of twenty-one (21) years and upward and possessing the qualifications requisite to a male voter may vote at any election held for the purpose of choosing any officers of schools or any members of library boards, or upon any measure relating to schools or libraries, and shall be eligible to hold any office pertaining to the management of schools and libraries. (b)

SEC. 9. The official year for the State of Minnesota shall commence on the first Monday in January in each year, and all terms of office shall terminate at that time; and the general election shall be held on the first Tuesday after the first Monday in November. The first general election for State and county of

(a) Held restrictive and to disqualify a person from holding an elective office who was not eligible at the date of his election, though eligible at the beginning of the term. 45 Minn. 309. *Adopted Nov. 8, 1898.

(b) The right to vote on district school matters was granted by chapter 71, General Laws of 1878; and the right to vote for county school superintendents was granted by chapter 204, General Laws of 1885.

sailorsrestriction.

Civil process

on election day.

Elections by ballots.

Right to hold office.

Women may

vote and be eligible.

Official year of the State.