Volume 9 , Issue 19

Sequoyah Constitution of 1905

ARTICLE II: DISTRIBUTION OF POWERS -- The powers of the government shall be divided into three distinct departments: The Legislative, the Executive and the Judicial.

ARTICLE III: LEGISLATIVE DEPARTMENT -- Section l. The legislative powers of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives.
Section 2. The Senate shall consist of twenty-one members, one to be chosen from each senatorial district, whose term of office shall be four years.
Section 3. The House of Representatives shall consist of not less than forty-eight, nor more seventy-five members, to be chosen biennially, whose term of office shall be two years.
Section 4. No person shall be a senator or representative, who, at the time of election, is not a citizen of the United States, and of this State.
Section 9. No person who denies the existence of a Supreme Being, nor any person who has been, or may hereafter be, convicted of embezzlement, of the public funds of the United States, or of any state, country or municipality therein, or who has been convicted of a felony shall ever be eligible to any office of trust.
Section 11. Each house shall elect or appoint its own officers and employees.
Section 12. Each house shall have the power to determine the rules of its proceedings.
Section 13. Each house shall keep a journal of its proceedings, and from time to time, publish the same.
Section 14. The sessions of each house shall be open.
Section 19. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose.
Section 29. No state tax shall be provided for, or appropriation of money made, except by a two-thirds vote of both houses.
Section 34. The General Assembly shall provide by suitable laws for the opening and maintaining of roads and highways, bridges, toll roads, and may, create a bureau which shall embrace mining, manufacturing, agriculture, and forestry.
Section 36. No money or property belonging to the public school funds, shall ever be used for any other than for the respective purposes to which it belongs.
Section 42. All wild game, fish, animals, birds and fowls in this State are declared to be the property of the State; and the General Assembly shall provide by law for their protection and preservation, and for the regulation of the use thereof.
Section 49. The General Assembly shall provide for the location and erection of the following public buildings: Normal School Buildings; Asylum Buildings for deaf and dumb, blind and orphans; Agricultural and Mechanical College Buildings; State Penitentiary Building; State University Buildings and such other public buildings, as may be provided for by law.

ARTICLE IV: EXECUTIVE DEPARTMENT -- Section 1. The executive Department of this State shall consist of a Governor, Secretary of State, Attorney General, Treasurer of State, Auditor of State, and superintendent of Public Instruction and hold their offices for a term of four years.
Section 2. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled 'Governor'.
Section 3. The Governor, Secretary of State, Attorney General, Treasurer of State, Auditor of State, and Superintendent of Public Instruction, shall be elected by the qualified electors of the State.
Section 5. No person shall be eligible to the office of Governor except a citizen of the United Sates, and of this State, who shall have attained the age of thirty years.
Section 6. The Governor shall be commander-in-chief of the military and naval forces of this State.
Section 8. He shall give to the General Assembly, from time to time, information by message, concerning the condition and government of the State.
Section 15. Every bill which shall have passed both houses of the General Assembly shall be presented to the Governor; if he approve it, he shall sign it; but if he shall not approve it, he shall return it with his objections, to the House in which it originated. If approved by two-thirds of the whole number of members elected to that House, it shall be a law.
Section 18. In all criminal and penal cases, excepting in those of treason, the Governor shall have power to grant reprieves, commutations of sentence, and pardons.

ARTICLE V: JUDICIAL DEPARTMENT -- Section 1. The Judicial powers of this State shall be vested in the Senate sitting as a Court of Impeachment; in a Supreme Court; County Courts; Justices of the Peace; Police Magistrates, and in such other Courts as may be created by law.

Supreme Court. Section 2. The Supreme Court shall be composed of three judges, and they shall choose from among their number a presiding judge who shall be styled Chief Justice.

Section 3. No person shall be eligible to the office of Judge of the Supreme Court unless he shall be at least thirty years of age, shall have practiced law at least eight years, be of good moral character, a citizen of the State and of the United States.

Section 10. From and after the election and qualification of the judges of the Supreme Court, their salaries shall not be increased or diminished during the term for which said judges were elected.
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