CONSTITUTION OF 1796.-(Cont'd.)

NORTH CAROLINA CONST., 1776.-(Cont'd.)

CONSTITUTION OF 1870.-(Cont'd.)

CONSTITUTION OF 1834.-(Cont'd.)

State, passed on the 19th day of February, 1852, to assemble at the capitol on the first Monday in April next, said officers to continue in office until their successors shall be elected and qualified, under the regular biennial election of 1867: Provided, That said apportionment be so modified as to give to the counties of Johnson, Carter, Campbell, Anderson, Union, Sevier, Macon, and Hancock each one member; and the district composed of the counties of Fentress, Morgan, Scott, and Cumberland one additional member in the house of representatives.

SEC. 9. Qualifications of Voters.-The qualifications of voters and the limitation of the elective franchise may be determined by the general assembly which shall first assemble under the amended constitution.

SECTION 1. Election ordered.-Be it ordained by the convention, That it shall be the duty of the several officers of the State, authorized by law to hold elections for members of the General Assembly and other officers to open and hold an election at the place of holding said elections in their respective counties, on the fourth Saturday in March, 1870, for the purpose of receiving the votes of such qualified voters as may desire to vote for the ratification or rejection of the Constitution recommended by this convention. And the qualification of voters in said election be the same as that required in the election of delegates to this convention.

SEC. 2. Duty of returning officers; manner of voting.-It shall be the duty of said returning officers, in each county, in this State, to enroll the name of each voter on the poll books prepared for said election, and shall deposit each ballot in the ballot boxes respectively. Each voter who wishes to ratify the new Constitution shall have written or printed on his ticket the words "New Constitution," or words of like import; and each voter who wishes to vote against the ratification of the new Constitution shall have written or printed on his ticket the words "Old Constitution," or words of like import.

SEC. 3. Election, how held; votes, etc. -The election shall be held, and the judges and clerks shall be appointed, as in the case of the election of the members of the General Assembly; and the returning officers, in presence of the judges or inspectors, shall count the votes given for the "New Constitution," and of those given for the "Old Constitution," of which they shall keep a correct estimate in said poll books. They shall deposit the original poll books of said election with the clerks of the County Courts in the respective counties, and shall, within five days after the election, make out

of

accurate statements of the number of votes, in their respective counties, for or against the "New Constitution," and immediately forward, by mail, one copy of said certificates to the Governor, and one to the Speaker of the Senate. So soon as the poll books are deposited with the County Court clerks, they shall certify to the president of the convention an accurate statement of the number votes cast for or against the "New Con. stitution," as appears on said poll books; and if any of said returning officers shall fail to make the returns herein provided for within the time required, the Governor shall be authorized to send special messengers for the result of the vote in those counties whose officers have SO failed to make returns.

SEC. 4. Returns, who to compare; certificate of result; Governor's proclamation. Upon the receipt of said returns, it shall be the duty of the Governor, Speaker of the Senate, and the president of this convention, or any two of them, to compare the votes cast in said election; and if it shall appear that a majority of all the votes cast for and against the "New Constitution" were for "New Constitution," it shall be the duty of the Governor, Speaker of the Senate, and president of this convention, or any two of them, to append to this Constitution a certificate of the result of the votes, from which time the Constitution shall be established as the Constitution of Tennessee, and the Governor shall make proclamation of the result.

SEC. 5. When proclamation to be issued.--The Governor of the State is required to issue his proclamation as to the election on the fourth Saturday in March, 1870, hereto provided for.

Attest:

JOHN C. BROWN, President.

[L. S.] T. E. S. RUSSWURM, Secretary.

:

CHAPTER No. 110.

House Bill No. 89.

(By Mr. McLain and Others.)

A Bill to be entitled: "An Act to authorize the people to decide by vote whether they will call a Constitutional Convention, and to provide for the submission of said question to the voters of the State and the announcement of the result."

WHEREAS, Under our Constitution the right of the people to alter, reform or abolish the same is fully recognized; and

WHEREAS, In the opinion of the General Assembly, the public exigences do now demand the exercise of the power to alter or reform the Constitution on the part of the people of the State; and

WHEREAS, By Article XI, Section 3 of the present constitution, power is given to the Legislature to submit to the people the question whether a constitutional Convention shall be called; therefore

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That all the legal voters under existing laws of this State are hereby authorized to assemble on the first Thursday in August, 1916, at the several places of holding elections, in the various counties of this State, and vote for or against calling a convention to alter or reform the Constitution by submitting amendments to the present Constitution, to be voted on separately by the people.

SECTION 2. Be it further enacted, That in submitting the question of a convention to the people, tickets shall be prepared by the proper authorities under the laws in force at the time of holding said election, or by the electors in various counties of this State, with the words written or printed "For a Convention," "Against a Convention," and if the number of votes cast for a convention be greater than the votes cast against a convention, then there shall be a convention to propose amendments to the constitution. Registration books shall be

opened and voters will be allowed to register in all respects as at that time provided by law, and the qualifications necessary to entitle a citizen to vote upon the questions submitted shaH, in all respects, be the same as then required by law in order to vote for members of the General Assembly.

SECTION 3. Be it further enacted, That in all cases where any commissioners of election, or other proper officer under the law, fail or refuse to hold said election, it shall be lawful for any three freeholders, being legal voters, to hold said election by summoning as many bystanders, being legal voters, as may be necessary to hold said election.

SECTION 4. Be it further enacted, That it is hereby declared to be the duty of the Governor to issue his proclamation to the several Commissioners of election, or other proper officers under the law, in the State and counties thereof, immediately after the passage of this act, re quiring them to hold and conduct said election as herein provided.

And said Commissioners of election or other proper officers under the law, in the various counties of the State, shall advertise the time and places of holding said election, as in case of special elections for members of the General Assembly.

SECTION 5. Be it further enacted, That it shall be the duty of the Commissioners of election, or other proper officer under the law, of each county of the State, immediately after said election, to make a complete return to the Secretary of this State of the votes cast "For a Convention" and "Against a Convention" in their county.

SECTION 6. Be it further enacted, That it shall be the duty of the Governor, Secretary of State and Attorney General of the State, to compare the returns made by the Commissioners of election, or other proper officers under the law, and if a majority of those voting be in favor of a Convention, or against a Convention, it shall be the duty of the Governor to immediately issue his proclamation announcing the result.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in case the Governor of the State, pursuant to law, shall issue his proclamation announcing that a majority of the voters voting in the election held for that purpose, have cast their votes in favor of calling a Constitutional Convention to formulate amendments to the Constitution, to be voted on separately by the people, all legal voters under existing laws of this State who were qualified to vote for or against the calling of said Constitutional Convention under the Act passed, and all who have become legal voters since said election was held, are hereby authorized to assemble on the Tuesday after the first Monday in November, 1916, at the several places of holding elections in the various counties of the State and vote for delegates to a

Constitutional Convention to formulate amendments to the Constitution, to be voted on separately by the people.

SECTION 2. Be it further enacted, That said election shall be held at all the precincts and voting places established by law, and shall be managed and conducted under the laws then in force, in the same manner and under the same rules and regulations that members of the General Assembly are then elected. And it is hereby declared to be the duty of the Governor to issue his proclamation to the several commissioners of election, or other proper officers under the law of the State and counties thereof, immediately after the announcement by [him] that a majority of said votes have been cast in favor of said Convention, requiring them to hold and conduct said election as herein provided.

And said Commissioners of election, or other proper officers under the law, in the various counties of this State, shall advertise the time and place of holding said election, as in case of special elections of members of the General Assembly.

SECTION 3. Be it further enacted, That in all cases where any county commissioners of election, or other proper officers under the law, fail or refuse to hold said election, it shall be lawful for the electors present at the polling place, not less than three, being legal voters, to hold said election by summoning as many bystanders, being legal voters, as may be necessary to hold the election.

SECTION 4. Be it further enacted, That the whole number of delegates selected to such convention shall be the same as the number of representatives of the General Assembly as now organized, and the number of delegates from each representative district shall be the same as now provided by law for the representatives in the General Assembly, making the whole number of delegates in the convention ninety-nine (99).

SECTION 5. Be it further enacted, That no person shall be eligible to a seat in said convention who is not twenty-five (25) years of age and a legal voter of the county or district he seeks to represent.

SECTION 6. Be it further enacted, That in case of death, refusal or inability to