by each stockholder; and such other means as shall be provided by law; but such individual liabilities shall not apply to railroad corporations, nor corporations for religious or charitable purposes.

(A. T. & S. F. Rld. Co. v. Davis, 34 K. 199; Howell v. Manglesdorf, 33 K. 196; Savings Bank v. Wulfekuhler, 19 K. 65.)

Religious Corporations; How Property Vested.

SEC. 3. The title of all property of religious corporations, shall vest in trustees, whose election shall be by the members of such corporations. (Venable v. Ebenezer Baptist Church, 25 K. 177; Klopp v. Moore, 6 K. 26.)

Right of Way for Corporation.

SEC. 4. No right of way shall be appropriated to the use of any corporation, until full compensation therefor be first made in money, or secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation.

(O. O. C. & C. G. Rld. Co. v. Larson, 40 K. 308; L. & W. Rld. Co v. Ross, 40 K. 598; B. K. & S. W. Rld. Co. v. Johnson, 38 K. 142; W. & W. Rld. Co. v. Kuhn, 38 K. 676; Comm'rs of Smith Co. v. Labore, 37 K. 486; Reisner v. Strong, 24 K. 410; W. & W. Rld. Co. v. Fechheimer, 26 K. 45; Cohen v. St. L. Ft. S. & W. Rld. Co., 34 K. 158; Railroad Co. v. Andrews, 21 K. 702, 710, 711; P. W. Co. v. Knapp, 33 K. 752; Stebbins v. Guthrie, 4 K. 353, 366, 367; Smith v. Smith, 15 K. 290; Millbank v. Ostertag, 24 K. 462; C. B. U. P. Rld. Co. v. Andrews, 30 K. 597; C. B. U. P. Rld. Co. v. A. T. & S. F. Rld. Co., 28 K. 453; Reisner v. Atchison Union D. & R Co., 27 K. 382; Pottawatomie Co. v. O'Sullivan, 17 K. 58; Challiss v. A. T. & S. F. Rld. Co., 16 K. 117; St. J. & D. Rly. Co. v. Callender, 13 K. 496; Blackshire v. A. T. & S. F. Rld. Co., 13 K. 514; Shawnee Co. v. Beckwith, 10 K. 603; A. T. & S. F. Rld. Co. v. Weaver, 10 K. 344; M. K. & T. Rly. Co. v. Ward, 10 K. 352; Hunt v. Smith, 9 K. 137; Gulf Rld. Co. v. Owen, 8 K. 409; St. J. & D. Rld. v. Orr, 8 K. 419. )

Cities, Towns and Villages; Provision for.

SEC. 5. Provision shall be made by general law for the organization of cities, towns and villages; and their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, shall be so restricted as to prevent the abuse of such power.

(City of Lyons v. Cooper, 39 K. 326; City of Newton v. Atchison, 31 K. 151; Atchison v. Bartholow, 4 K. 124; Gray v. Crockett, 30 K. 143; McGrath v. City of Newton, 29 K. 364; Emporia v. Norton, 13 K. 570; National Bank v. Iola, [ U. S. Ct. Ct.,] 9 K. 689; Leavenworth Co. v. Miller, 7 K. 480; State ex rel. v. Nemaha Co., 7 K. 542; City of Wyandotte v. Wood, 5 K. 603; Hines v. Leavenworth, 3 K. 186.)

SEC. 6. The term corporations, as used in this article, shall include all associations and joint stock companies having powers and privileges not possessed by individuals or partnerships; and all corporations may sue and be sued in their corporate name.

(Leavenworth v. Casey, McC. 124; Beach v. Leahy, 11 K. 23.)

ARTICLE 13.-BANKS AND CURRENCY.

Banks Established Only by General Law.

SECTION 1. No bank shall be established otherwise than under a general banking law.

440.)

(Atchison St. Rly. Co. v. Mo. Pac. Rly. Co., 31 K. 666; Pape v. Capitol Bank, 20 K.

Shall Require Deposit.

SEC. 2. All banking laws shall require, as collateral security for the redemption of the circulating notes of any bank, organized under their provisions, a deposit with the auditor of state, of the interest-paying bonds of the several states or of the United States, at the cash rates of the New York stock exchange, to an amount equal to the amount of circulating notes which such bank shall be authorized to issue, and a cash deposit in its vaults of ten per cent. of such amount of circulating notes; and the auditor shall register and countersign no more circulating bills of any bank, than the cash value of such bonds when deposited.

When Security Depreciates.

SEC. 3. Whenever the bonds pledged as collateral security for the circulation of any bank, shall depreciate in value, the auditor of state shall require additional security, or curtail the circulation of such bank, to such extent as will continue, the security unimpaired.

Notes Redeemable; Preference.

SEC. 4. All circulating notes shall be redeemable in the money of the United States. Holders of such notes shall be entitled, in case of the insolvency of such banks, to preference of payment over all other credit

ors.

State Not to be a Stockholder.

SEC. 5. The state shall not be a stockholder in any banking institution.

Banks to Keep Offices.

SEC. 6. All banks shall be required to keep offices and officers for the issue and redemption of their circulation, at a convenient place within the state, to be named on the circulating notes issued by such bank.

No Notes Less Than One Dollar.

SEC. 7. No banking institution shall issue circulating notes of a less denomination than one dollar.

This section was submitted by the state legislature at the session of 1861, (Laws 1861, ch. 16.) and was adopted by the people at the general election held Nov. 5, 1861. Original section 7 was as follows: "$7. No banking institution shall issue circulating notes of a less denomination than five dollars."

Law to be Submitted to Electors.

SEC. 8. No banking law shall be in force until the same shall have been submitted to a vote of the electors of the state at some general election, and approved by a majority of all the votes cast at such election.

Amendment or Repeal.

SEC. 9. Any banking law may be amended or repealed. (Atchison St. Rly. Co. v. Mo. Pac. Rly. Cɔ., 31 K. 666.)

ARTICLE 14.- AMENDMENTS.

Propositions to Amend; How Submitted.

SECTION 1. Propositions for the amendment of this constitution may be made by either branch of the legislature; and if two-thirds of all the members elected to each house shall concur therein, such proposed amendments, together with the yeas and nays, shall be entered on the journal; and the secretary of state shall cause the same to be published in at least one newspaper in each county of the state where a newspaper is published, for three months preceding the next election for representatives, at which time the same shall be submitted to the electors for their approval or rejection; and if a majority of the electors voting on said amendments, at said election, shall adopt the amendments, the same shall become a part of the constitution. When more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately; and not more than three propositions to amend shall be submitted at the same election.

(Prohib. Amend. Cases, 24 K. 700; County Seat of Linn Co., 15 K. 500; Prouty v. Stover, 11 K. 257.)

Convention for Revision or Amendment.

SEC. 2. Whenever two-thirds of the members elected to each branch of the legislature shall think it necessary to call a convention to revise, amend or change this constitution, they shall recommend to the electors to vote at the next election of members to the legislature, for or against a convention; and if a majority of all the electors voting at such election shall have voted for a convention, the legislature shall, at the next session, provide for calling the same. (Prouty v. Stover, 11 K. 257.)

ARTICLE 15.-MISCELLANEOUS.

Officers not Provided For.

SECTION 1. All officers whose election or appointment is not otherwise provided for, shall be chosen or appointed as may be prescribed by law.

(Wheeler v. Brady, 15 K. 31; Matthews v. Commissioners, 34 K. 606.)

Tenure of Office.

SEC. 2. The tenure of any office not herein provided for may be declared by law; when not so declared such office shall be held during the pleasure of the authority making the appointment, but the legislature shall not create any office the tenure of which shall be longer than four years.

(Matthews v. Commissioners, 34 K. 606.)

Lotteries Prohibited.

SEC. 3. Lotteries and the sale of lottery tickets are forever prohibited.

State Printer.

SEC. 4. All public printing shall be done by a state printer who shall be elected by the legislature in joint session and shall hold his office for two years and until his successor shall be elected and qualified. The joint session of the legislature for the election of a state printer shall be on the third Tuesday of January, A. D. 1869, and every two years thereafter. All public printing shall be done at the capital, and the prices for the same shall be regulated by law.

This section was submitted by the legislature at the session of 1868, (Senate Journal 1868, p. 336; it is not printed in the Laws of 1868, but is in the original enrolled laws of session of 1868, on file in office of secretary of state,) and was adopted by the people at the general election held November 3, 1868. Original section 4 was as fol. lows: 4. All public printing shall be let on contract, to the lowest responsible bid. der, by such executive officers, and in such manner, as shall be prescribed by law." (Reed v. Francis, 22 K. 510; Wright v. Noell, 16 K. 603; Prouty v. Stover, 11 K. 235; State ex rel. v. Barker, 4 K. 379.)

Accounts to be Published.

SEC. 5. An accurate and detailed statement of the receipts and expenditures of the public moneys, and the several amounts paid, to whom, and on what account, shall be published, as prescribed by law.

Rights of Women.

SEC. 6. The legislature shall provide for the protection of the rights of women, in acquiring and possessing property, real, personal and mixed, separate and apart from the husband; and shall also provide for their equal rights in the possession of their children.

(State v. Jones, 16 K. 608.)

Salaries Reduced for Neglect.

SEC. 7. The legislature may reduce the salaries of officers, who shall neglect the performance of any legal duty.

Temporary Capital.

SEC. 8. The temporary seat of government is hereby located at the city of Topeka, county of Shawnee. The first legislature under this con

stitution shall provide by law for submitting the question of the permanent location of the capital to a popular vote, and a majority of all the votes cast at some general election shall be necessary for such location.

Homestead Exemption.

SEC. 9. A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon: Provided, The provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife.

(Vining v. Willis, 40 K. 609; Bebb v. Crowe, 39 K. 342; Pilcher v. A. T. & S. F. Rld. Co., 38 K. 516; Perrine v. Mayberry, 37 K. 262; Jenkins v. Simmons, 37 K. 496; Howell v. McCrie, 36 K. 636; Birdzell v. Birdzell, 33 K. 438; Ott v. Sprague, 27 K. 620; Farlin v. Sook, 26 K. 403; Coughlin v. Coughlin, 26 K. 116; Chambers v. Cox, 23 K. 395; Sproul v. Atchison National Bank, 22 K. 337; Mouriquand v. Hart, 22 K. 596; Swenson v. Kiehl, 21 K. 533; Hiatt v. Bullene, 20 K. 557; Savings Bank v. Wheeler, 20 K. 630; Ashton v. Ingle, 20 K. 670; Blankenship v. Blankenship, 19 K. 159; Gapen v. Stephenson, 18 K. 140; LaRue v. Gilbert, 18 K. 220; Hixon v. George, 18 K. 253; Greeno v. Barnard, 18 K. 518; Roach v. Karr, 18 K. 529; Colby v. Crocker, 17 K. 527; Gapen v. Stephenson, 17 K. 613; Nichols v. Overacker, 16 K. 54; Tarrant v. Swain, 15 K. 146; Moore v. Reaves, 15 K. 150; Robinson v. Wilson, 15 K. 595; Morris v. Ward, 5 K. 239; Dollman v. Haris, 5 K. 597; Ayers v. Probasco, 14 K. 175; Brandon v. Brandon, 14 K. 342; Clark v. Spencer, 14 K. 398; Andrews v. Alcorn, 13 K. 351; Bullene v. Hiatt, 12 K. 98; Randall v. Elder, 12 K. 257; Jenness v. Cutler, 12 K. 500; Pratt v. Topeka Bank, 12 K. 570; Chapman v. Lester, 12 K. 592; Helm v. Helm, 11 K. 19; Mitchell v. Milhoan, 11 K. 617; Anderson v. Anderson, 9 K. 112; Edwards v. Fry, 9 K. 417; Monroe v. May, 9 K. 466; Lister v. Batson, 6 K. 426; Sarahas v. Fenlon, 5 K. 592; Cusic v. Douglass, 3 K. 123.)

Prohibition of Intoxicating Liquors.

SEC. 10. The manufacture and sale of intoxicating liquors shall be forever prohibited in this state, except for medicinal, scientific and mechanical purposes.

[The foregoing amendment was submitted by the legislature at the session of 1879, and was adopted by the people at the general election held November 2, 1880.] (State v. Fleming, 32 K. 588; Foster v. State, 32 K. 765.)

SCHEDULE.

Change from a Territorial to a State Government. SECTION 1. That no inconvenience may arise from the change from a territorial government to a permanent state government, it is declared by this constitution that all suits, rights, actions, prosecutions, recognizances,