560 



MISSISSIPPI. 



persons who are deaf and dumb or blind, or who are 

 maimed by loss of hand or foot, to be used in aid of 

 the common schools and for no other purposes ; said 

 tax to be a lien only upon taxable property ; provided, 

 however, that the board of supervisors of any county 

 may, for the purpose of aiding the common schools in 

 that county, increase the poll tax in said county, but 

 in no case shall the entire poll tax exceed in any one 

 year three dollars on each head. The payment of the 

 whole poll tax imposed is declared to be a qualifica- 

 tion to vote ; provided, further, that no criminal pro- 

 ceedings shall be allowed to enforce the collection of 

 the pofl tax. 



SEC, 5. On and after the first day of January, A. D. 

 1892, the following qualifications are added to ttie tore- 

 going : Every qualified elector shall be able to read 

 any section of the Constitution of this State, or he 

 shall be able to understand the same when read to 

 him, or give a reasonable interpretation thereof. A 

 new registration shall be made before the next ensuing 

 election after these qualifications are established. 



SEC. 6. Electors in municipal elections shall possess 

 all the qualifications herein prescribed, and such addi- 

 tional qualifications as may be prescribed by law. 



SEC. 7. Prior to the first day of January, A. D. 

 1892, the elections by the people in this State shall be 

 regulated by an ordinance of this Convention. 



Section 5, which especially provoked discus- 

 sion, was adopted in spite of considerable oppo- 

 sition from the State press and general condem- 

 nation from press and people outside the State. 



The bill of rights of the new Constitution con- 

 tains many of the provisions of the Constitution 

 of 1869. But the convention omitted to adopt 

 the provisions of the latter instrument, which 

 declare that " no property qualification shall ever 

 be required of any person to become a juror," 

 that "no property or educational qualification 

 shall ever be required for any person to become 

 an elector," and that " the right of all citizens 

 to travel upon all public conveyances shall not 

 be infringed upon nor in any manner abridged 

 in the State." The declaration of the old Consti- 

 tution regarding property of married women, 

 was superseded by a provision that no distinction 

 shall be allowed between men and women in 

 reference to their right to acquire and dispose of 

 property of all kinds. The Legislature is given 

 authority, not before enjoyed, to limit, restrict, 

 or prevent the acquiring and holding of land by 

 non-resident ^aliens. The Legislature may also 

 forbid the carrying of concealed weapons. The 

 section in the Constitution of 1869 relating to 

 freedom of religious worship is adopted, with an 

 amendment providing that the Bible shall not 

 be excluded from use in the public schools. 



Other provisions of the new Constitution and 

 changes from the old one may be summarized as 

 follows : 



The government shall be divided into three depart- 

 mentsexecutive, legislative, and judicial. 



No person or collection of persons, being one, or be- 

 longing to one of these departments, shall exercise any 

 power properly belonging to either of the others, ex- 

 cept in the instances in this Constitution expressly 

 directed or permitted. The acceptance of an office in 

 either of said departments shall of itself and at once 

 vacate any and all offices held by the persons so ac- 

 cepting in either of the other departments. 



No appropriation bill shall be passed by the Legis- 

 lature which does not fix definitely the maximum sum 

 thereby authorized to be drawn from the treasury. 



The Legislature shall meet at the seat of govern- 

 ment, in regular session, on the first Tuesday after 

 the first Monday in January, of the year A. D. 1892, 

 and every four years thereafter ; and in special ses- 



sion, on the first Tuesday after the first Monday in 



January of the year A. D. 1894, and every four years 

 thereafter, unless sooner convened by the Governor. 



The special session shall not continue longer than 



thirty days unless the Governor, deeming the public 

 interest to require it, shall extend the sitting, by 

 proclamation in writing to be sent to and entered 

 upon the journals of each House, for a specific num- 

 ber of days, and then it may continue in session to 

 the expiration of such time. At such special session 

 the members shall receive not more compensation or 

 salary than ten cents mileage, and a per diem of not 

 exceeding five dollars ; and none but appropriation 

 and revenue bills shall be considered, except such 

 matters as may be acted upon at an extraordinary 

 session called by the Governor. 



Senators and Eepresentatives shall be elected for 

 four years (instead of four years and two years re- 

 spectively, as heretofore). The Legislature snail elect 

 its _own officers, but shall not elect any other, except 

 United States Senators and State Librarian. Legis- 

 lators are required to swear that they will read the 

 Constitution (or have it read to them), and that thev 

 will endeavor to execute all the requirements thereof, 

 and that they will not vote for any measure because 

 of a promise of any other member to vote for a meas- 

 ure. All persons liable as principal for public money 

 unaccounted for are excluded from eligibility to office. 

 The forfeiture of a seat in the Legislature is made the 

 penalty for taking any fee or reward or being counsel 

 in any measure pending before the Legislature. 



The Governor shall hold office for four years and 

 shall be ineligible as his immediate successor in office. 

 He is deprived of the power of pardoning before con- 

 viction, and can pardon in felony only after the ap- 

 plicant shall have published Ms petition in the county 

 where the crime was committed for sixty days. He 

 shall have power to suspend alleged defaulting State 

 and county treasurers and defaulting tax collectors 

 pending investigation of their accounts and to make 

 temporary appointments to fill the vacancy. He may 

 veto items of any appropriation bill. 



The office of Lieutenant-Governor is abolished, and 

 whenever the office of Governor shall become vacant 

 the President of the Senate shall exercise the office of 

 Governor until another Governor shall be duly quali- 

 fied ; and in case of the death, resignation, removal 

 from office or other disqualification of the President 

 of the Senate so exercising the office of Governor, the 

 Speaker of the House of Eepresentatives shall exer- 

 cise the office until the President of the Senate shall 

 have been chosen ; and when the office of Governor. 

 President of the Senate, and Speaker of the House shall 

 become vacant in the recess of the Senate, the person 

 acting as Secretary of State for the time being, shall, 

 by proclamation, convene the Senate, that a President 

 may be chosen to exercise the office of Governor. 



Should a doubt arise as to whether a vacancy had 

 occurred in the office of Governor, then the Secretary 

 of State shall submit the question in doubt to the 

 judges of the Supreme Court, who ; or a majority of 

 whom, shall investigate and determine said question ; 

 and shall furnish to the Secretary of State an opinion 

 determining the question, which shall be final and 

 conclusive. 



The justices of the Supreme Court shall be ap- 

 pointed for and from each district, but the removal of 

 a justice to the capital shall not render him ineligible 

 to succeed himself. The Supreme Court clerk shall 

 be elected by the people for four years (not appointed, 

 as heretofore). 



The following new provisions were made regarding 

 education : 



Separate schools shall be maintained for children ot 

 the white and colored races. 



It shall be the duty of the Legislature to provide by 

 law for the support of institutions for the education of 

 the deaf, dumb, and blind. 



There shall be a common-school fund, which shall 

 consist ot the poll tax (to be retained in the counties* 

 where the same is collected) and an additional sura 



