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give a remedy against nuisances.12 Every citizen holds his land subservient to such police regulation as the legislature in its wisdom may enact for the general welfare.18 The State may regulate the carrying on of business within its limits.14 So, State laws may impose reasonable police regulations for the protection of markets against the sale of commodities unfit for commerce, 15 or may regulate the sale of any commodity the use of which would be detrimental to the morals of the people.16 The legislature may regulate the sale of spirituous or malt liquors; 17 or prohibit their sale, if it does not interfere with vested rights;18 or impair the obligations of the charter created for the purpose of their manufacture.19 So, a State may tax liquor dealers,20 or may license the sale of liquors, although a charter contains a prohibitory clause.21 It may establish reasonable regulations for the operation of mines, 22 and under the police power may require qualifications for professional graduates.23 When applied to corporations the police power is subject to constitutional limitations, and it cannot conflict with the charter; 24 but provisions for penalties and forfeitures in a charter are not mere matters of contract.25 The legislature may authorize cities and towns to prohibit the erection of wooden buildings as a protection of person and property against fire.26 Under the police power the legislature may authorize a railroad company to lay its tracks in the streets of a city.27 An ordinance regulating the transportation of heavy merchandise in a city is valid.28

1 Lake View v. Rose Hill Cemetery, 70 Ill. 191; Daniels v. Hilgard, 77 Ill. 640.

2 Beer Co. v. Massachusetts, 97 U. S. 25.

3 Boyd v. Alabama, 94 U. S. 645; Beer Co. v. Massachusetts, 97 U.S. 33.

4 Ex parte Shrader, 33 Cal. 279; Philadelphia &c. R. R. Co. v. Bowers, 4 Houst. 506; Beer Co. v. Massachusetts, 97 U. S. 25.

5 Slaughter-House Cases, 16 Wall. 62; Comm. v. Alger, 7 Cush. 53.

6 Kirby v. Pennsylvania R. R. Co. 76 Pa. St. 506.

7 People v. Hawley, 3 Mich. 330.

8 U. S. v. Dewitt, 9 Wall. 41.

9 Fertilizing Co. v. Hyde Park, 70 Ill. 634; 97 U. S. 669.

10 Moore v. State, 48 Miss. 147.

11 Bohl v. State, 3 Tex. Ct. App. 683.

12 Fertilizing Co. v. Hyde Park, 97 U. S. 669; 70 Ill. 634; Brady v. Weeks, not yet reported.

13 Brown v. Keener, 74 N. C. 714; Pool v. Trexler, 76 Ibid. 297.

14 Higgins v. Rinker, 47 Tex. 381.

15 State v. Fosdick, 21 La. An. 256; N. H. &c. T. B. Co. v. Bunnell, 4 Conn. 59; Fertilizing Co. v. Hyde Park, 97 U. S. 669.

16 State v. Gurney, 37 Me. 156.

17 Higgins v. Rinker, 47 Tex. 393.

18 Bertholf v. O'Reilly, 15 Am. Law Reg. N. S. 119; Metrop. Bd. of Excise v. Barrie, 34 N. Y. 657; Beer Co. v. Massachusetts, 97 U. S. 25; Butler v. Walker, 80 Ill. 345; Comm. v. Intox. Liq. 115 Mass. 153.

19 Commonwealth v. Intox. Liq. 115 Mass. 153.

20 Sinclair v. State, 69 N. C. 147.

21 Dingman v. People, 51 Ill. 277.

22 Daniels v. Hilgard, 77 Ill. 640; Dingman v. People, 51 Ill. 277.

23 Regents v. Williams, 9 Gill. & J. 365; State v. Heyward, 3 Rich. 389; Logan v. State, 5 Tex. Ct. App. 306.

24 Lake View v. Rose Hill Cemetery, 70 III. 191; State v. Fosdick, 21 La. An. 256.

25 State v. Railroad Co. 3 How. 534; 12 Gill & J. 399.

26 Salem v. Maynes, 123 Mass. 372.

27 Perry v. N. O. R. R. Co. 55 Ala. 613.

28 People v. James, 16 Hun. 426.

§ 2. The sessions of the Legislature shall commence at twelve o'clock м. on the first Monday after the first day of January next succeeding the election of its members, and, after the election held in the year eighteen hundred and eighty, shall be biennial, unless the Governor shall, in the interim, convene the Legislature by proclamation. No pay shall be allowed to members for a longer time than sixty days, except for the first session after the adoption of this Constitution, for which they may be allowed pay for one hundred days. And no bill shall be introduced, in either House, after the expiration of ninety days from the commencement of the first session, nor after fifty days after the commencement of each succeeding session, without the consent of two-thirds of the members thereof.

Similar restrictions as to introduction of bills-Ark. V, 34; Colo. V. 19; Md. III, 27; Mich. IV, 28; Tex. III, 37.

§ 3. Members of the Assembly shall be elected in the year eighteen hundred and seventy-nine, at the time and in the manner now provided by law. The second election of members of the Assembly, after the adoption of this Constitution, shall be on the first Tuesday after the first Monday in November, eighteen hundred and eighty. Thereafter, members of the Assembly shall be chosen biennially, and their term of office shall be two years; and each election shall be on the first Tuesday after the first Monday in November, unless otherwise ordered by the Legislature.

Election. If a majority of the votes have been cast for a disqualified person, the one who received the next highest number is not to be returned as elected.

Saunders v. Haynes, 13 Cal. 145; State v. Giles. 1 Chand. 112; Comm. v. Cluley, 56 Pa. St. 270. But see Stewart v. Hayes, 3 Ch. L. N. 117; Gulick v. New, 14 Ind. 93; Carson v. McPhetridge, 15 Ind. 327; People v. Chute, 50 N. Y. 451.

§ 4. Senators shall be chosen for the term of four years, at the same time and places as members of the Assembly, and no person shall be a member of the Senate or Assembly who has not been a citizen and inhabitant of the State three years, and of the district for which he shall be chosen one year, next before his election.

§ 5. The Senate shall consist of forty members, and the Assembly of eighty members, to be elected by districts, numbered as hereinafter provided. The seats of the twenty Senators elected in the year eighteen hundred and eighty-two from the odd-numbered districts shall be vacated at the expiration of the second year, so that one-half

of the Senators shall be elected every two years; provided, that all the Senators elected at the first election under this Constitution shall hold office for the term of three years.

§ 6. For the purpose of choosing members of the Legislature, the State shall be divided into forty senatorial and eighty assembly districts, as nearly equal in population as may be, and composed of contiguous territory, to be called senatorial and assembly districts. Each senatorial district shall choose one Senator, and each assembly district shall choose one member of Assembly. The senatorial districts shall be numbered from one to forty, inclusive, in numerical order, and the assembly districts shall be numbered from one to eighty, in the same order, commencing at the northern boundary of the State, and ending at the southern boundary thereof. In the formation of such districts, no county, or city and county, shall be divided, unless it contain sufficient population within itself to form two or more districts; nor shall a part of any county, or of any city and county, be united with any other county, or city and county, in forming any district. The census taken under the direction of the Congress of the United States, in the year one thousand eight hundred and eighty, and every ten years thereafter, shall be the basis of fixing and adjusting the legislative districts; and the Legislature shall, at its first session after each census, adjust such districts and reapportion the representation so as to preserve them as near equal in population as may be. But in making such adjustment no persons who are

not eligible to become citizens of the United States, under the naturalization laws, shall be counted as forming a part of the population of any district. Until such districting as herein provided for shall be made, Senators and Assemblymen shall be elected by the districts according to the apportionment now provided for by law.

§ 7. Each House shall choose its officers,1 and judge of the qualifications, elections, and returns of its members.2

1 Ark. V, 14; Mich. IV, 10; Mo. IV, 19; Y. III, 10; N. C. II, 18, 20, 22; Or. IV, 11; VI, 24; Wis. IV, 8.

Neb. II, 10; N. J. IV, 4,3; N.
S. C. II, 15; Va. V, 7; W. Va.

2 U. S. 1,5 (1); Ala. IV,8; Ark. V, 11; Colo. V, 10; Del. II, 6; Fla. IV, 6; Ga. III, 4; Ill. IV, 9; Ind. IV, 10; Iowa, III, 7; Kan. II, 8; Ky. II, 20; La. 34; Me. IV; Part III, 3; Md. III, 19; Mich. IV, 10; Miss. IV, 10; Mo. IV, 17; Neb. III, 7; Nev. IV, 6; N. J. IV, 4, 2; N. Y. III, 10; N. C. II, 22; Ohio, II, 68; Or. IV, 11; Pa. I, 12; R. I. IV, 6; S. C. II, 14; Tenn. II, II; Tex. III, 8; Vt. Part II, 7; Va. V, 7; W. Va. VI, 24; Wis. IV, 6.

Qualifications of members.-Whether a Senator has been regularly elected is a question exclusively for the Senate. Members elected for an extra or special session must give way to regularly elected members for that Congress.2 The House is to judge of the election of its members, and the returns are only prima facie evidence of election. A State law requiring votes to be returned within a certain time is directory only,4 and if not so returned are to be counted, if opportunity is had to count them.5 The refusal of the executive of a State to grant a certificate of election will not prejudice the right to a seat. The certificate may be followed by another under a changed condition of the facts. A certificate may issue on an amended return of votes, and a supplementary return is entitled to be received. The governor may revoke the certificate for fraud.10 The qualifications of members being fixed by the Constitution, additions cannot be required by State legislation or other acts. 11 If the House is unable to decide which of two is entitled to his seat, it must be declared vacant. 12 One who was allowed to take his seat on a prima facie case, but was afterwards ousted by a competitor rightfully elected, cannot be deemed to have been a member. 13

1 Anonymous, 12 Fla. 686.

2 Gehlson & Claibborne's Case, 2 Cong. El. Cas. 9.

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