Hacker Chronicles 2/HACKER2.BIN/915.OREGON.TXT

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                                  CONSTITUTION
                                     of the
                                STATE OF OREGON

                                    PREAMBLE

          We the people of the State of Oregon to the end that justice
          be established, order  maintained, and liberty  perpetuated,
          do ordain this Constitution.

                                    ARTICLE I

                                 BILL OF RIGHTS

Sec. 1.   We declare that all men, when they form a social compact are
          equal in right: that all power is inherent in the people and
          all free governments are founded on their authority, and in-
          stituted for  their peace,  safety, and  happiness; and they
          have at all times a  right to alter, reform, or  abolish the
          government in such manner as they may think proper.

Sec. 2.   All men  shall  be secure in  the Natural right,  to worship
          almighty God  according to  the dictates  of their  own con-
          sciences.

Sec. 3.   No law shall in any case whatever control the free  exercise
          and enjoyment of religeous (sic) opinions, or interfere with
          the rights of conscience.

Sec. 4.   No religious  test shall be required as a  qualification for
          any office of trust or profit.

Sec. 5.   No money shall be drawn from the Treasury for the benefit of
          any religeous (sic),  or theological institution,  nor shall
          any money be appropriated  for the payment of  any religeous
          (sic) services in either house of the legislative Assembly.

Sec. 6.   No person  shall  be rendered incompetent  as a witness,  or
          juror in consequence of his opinions on matters of  religeon
          (sic); nor be  questioned in any  Court of Justice  touching
          his  religeous  (sic)  belief  to  affect  the weight of his
          testimony.

Sec. 7.   The mode  of administering an oath, or affirmation  shall be
          such as may  be most consistent  with, and binding  upon the
          conscience of the  person to whom  such oath or  affirmation
          may be administered.

Sec. 8.   No law shall be  passed  restraining the free  expression of
          opinion, or restricting the right to speak, write, or  print
          freely on any  subject whatever; but  every person shall  be
          responsible for the abuse of this right.

Sec. 9.   No law shall violate the right of the people to be secure in
          their persons, houses,  papers, and effects,  against unrea-
          sonable search, or seizure;  and no warrant shall  issue but
          upon probable cause, supported by oath, or affirmation,  and
          particularly describing  the place  to be  searched, and the
          person or thing to be seized.

Sec. 10.  No court shall be secret, but justice shall be administered,
          openly and without  purchase, completely and  without delay,
          and every  man shall  have remedy  by due  course of law for
          injury done him in his person, property, or reputation.

Sec. 11.  In all  criminal  prosecutions,  the accused  shall have the
          right to public trial by an impartial jury in the county  in
          which the offence shall have been committed; to be heard  by
          himself and counsel; to demand  the nature and cause of  the
          accusation against him, and to have a copy thereof; to  meet
          the witnesses face to  face, and to have  compulsory process
          for  obtaining  witnesses  in  his favor; provided, however,
          that any accused  person, in other  than capital cases,  and
          with the  consent of  the trial  judge, may  elect to  waive
          trial by jury and  consent to be tried  by the judge of  the
          court alone, such election to be in writing; provided,  how-
          ever, that in the circuit court ten members of the jury  may
          render a  verdict of  guilty of  first degree  murder, which
          shall be found only by  a unanimous verdict, and not  other-
          wise; provided further, that  the existing laws and  Consti-
          tutional provisions relative to criminal prosecutions  shall
          be continued and remain in effect as to all prosecutions for
          crimes committed before the taking of effect of this  amend-
          ment. [Constitution  of 1859;  Amendment proposed  by S.J.R.
          No. 4, 1931, and adopted  by people Nov. 8, 1932;  Amendment
          proposed by  S.J.R. No.  4, 1933  (2d s.s.),  and adopted by
          people May 18, 1934]

          NOTE: The lead line to section 11 was a part of the  measure
          submitted to the people by S.J.R. No. 4, 1933 (2d s.s.)

Sec. 12.  No  person shall be put  in jeopardy twice for  the same of-
          fence (sic), nor be compelled in any criminal prosecution to
          testify against himself.

Sec. 13.  No  person arrested, or confined  in jail, shall be  treated
          with unnecessary rigor.

Sec. 14.  Offences (sic),  except murder, and treason, shall  be bail-
          able by sufficient sureties. Murder or treason, shall not be
          bailable,  when  the  proof  is  evident, or the presumption
          strong.

Sec. 15.  Laws for  the  punishment of crime  shall be founded  on the
          principles of reformation, and not of vindictive justice.

Sec. 16.  Excessive bail  shall  not be required,  nor excessive fines
          imposed.  Cruel  and  unusual  punishments  shall not be in-
          flicted,  but  all  penalties  shall  be proportioned to the
          offense. - In  all criminal cases  whatever, the jury  shall
          have the right to determine the law, and the facts under the
          direction of the court as to  the law, and the right of  new
          trial, as in civil cases.

Sec. 17.  In all civil cases  the right of Trial by jury shall  remain
          inviolate.

Sec. 18.  Private property shall not be taken for public use, nor  the
          particular services  of any  man be  demanded, without  just
          compensation; nor except in  the case of the  state, without
          such  compensation  first  assessed  and tendered; provided,
          that the use of all  roads, ways and waterways necessary  to
          promote the transportation  of the raw  products of mine  or
          farm or forest  or water for  beneficial use or  drainage is
          necessary to the development and welfare of the state and is
          declared  a  public  use.  [Constitution  of 1859; Amendment
          proposed by S.J.R. No. 17,  1919, and adopted by people  May
          21,  1920;  Amendment  proposed  by  S.J.R. No. 8, 1923, and
          adopted by people Nov. 4, 1924]

Sec. 19.  There shall be  no imprisonment for debt, except in  case of
          fraud or absconding debtors.

Sec. 20.  No law shall be  passed granting to any citizen or class  of
          citizens  privileges,  or  immunities,  which, upon the same
          terms, shall not belong to all citizens.

Sec. 21.  No ex-post  facto  law, or law  impairing the obligation  of
          contracts shall ever be passed,  nor shall any law be  pass-
          ed, the taking effect of which shall be made to depend  upon
          any authority, except as provide in this Constitution;  pro-
          vided, that laws locating the Capitol of the State, locating
          County Seats, and submitting  town, and corporate acts,  and
          other local, and Special laws may take effect, or not,  upon
          a vote of the electors interested.

Sec. 22.  The operation of  the laws shall never be suspended,  except
          by the Authority of the Legislative Assembly.

Sec. 23.  The privilege  of the  writ of  habeas corpus  shall  not be
          suspended  unless  in  case  of  rebellion,  or invasion the
          public safety require it.

Sec. 24.  Treason against the State shall consist only in levying  war
          against it, or adhering to its enemies, giving them aid  and
          comfort. No person shall  be convicted of treason  unless on
          the testimony  of two  witnesses to  the same  overt act, or
          confession in open court.

Sec. 25.  No conviction shall work corruption of blood, or  forfeiture
          of estate.

Sec. 26.  No law shall be passed restraining any of the inhabitants of
          the State from assembling together in a peaceable manner  to
          consult for  their common  good; nor  from instructing their
          Representatives; nor  from applying  to the  Legislature for
          redress of greviances (sic).

Sec. 27.  The people shall have the right to bear arms for the defence
          (sic) of themselves, and  the State, but the  military shall
          be kept in strict subordination to the civil power [.]

Sec. 28.  No  soldier  shall, in  time of  peace, be  quartered in any
          house, without the consent of the owner, nor in time of war,
          except in a manner prescribed by law.

Sec. 29.  No  law shall be passed  granting any title of  Nobility, or
          conferring hereditary distinctions.

Sec. 30.  No  law  shall  be  passed  prohibiting  emigration from the
          State.

Sec. 31.  Rights of aliens;  immigration to state.    [Constitution of
          1859; repeal  proposed by  H.J.R. 16,  1969, and  adopted by
          people May 26, 1970]

Sec. 32.  No tax or duty  shall be imposed without the consent of  the
          people or their representatives in the Legislative Assembly;
          and  all  taxation  shall  be  uniform  on the same class of
          subjects  within  the  territorial  limits  of the authority
          levying the tax.  [Constitution of 1859;  Amendment proposed
          by H.J.R. 16, 1917, and adopted by people June 4, 1917]

Sec. 33.  This enumeration of rights, and privileges shall not be con-
          strued to impair or deny others retained by the people.

Sec. 34.  There shall be neither slavery, nor involuntary servitude in
          the State, otherwise than as a punishment for crime, whereof
          the party shall have been  duly convicted. - [Added to  Bill
          of Rights  as unnumbered  section by  vote of  the people at
          time of  adoption of  the Oregon  Constitution in accordance
          with section 4 of Article XVIII thereof]

Sec. 35.  [repealed] Free negroes and mulattos.

Sec. 36.  [repealed] Liquor prohibition.

Sec. 36.  [repealed] Capital Punishment abolished.  [1920]

Sec. 36a  [repealed] Prohibition of importation of liquors.

Sec. 37.  [repealed] Penalty for murder in first degree.


Sec. 38.  Laws  abrogated  by amendment  abolishing death  penalty re-
          vived. [1964]

Sec. 39.  The State shall  have power to license private clubs,  frat-
          ernal  organizations,   veteran's  organizations,   railroad
          corporations  operating  interstate  trains  and  commercial
          establishments  where  food  is  cooked  and served, for the
          purpose of selling alcoholic liquor by the individual  glass
          at retail, for consumption on the premises, including  mixed
          drinks and  cocktails, compounded  or mixed  on the premises
          only. The legislative Assembly shall provide in such  detail
          as it shall deem advisable for carrying out and  administer-
          ing the provisions of  this amendment and shall  provide ad-
          equate safeguards to carry out the original intent and  pur-
          pose of the  Oregon Liquor Control  Act, including the  pro-
          motion of temperance in  the use and comsumption  of lighter
          beverages and aid in  the establishment of Oregon  industry.
          this power is subject to the following:

          (1) The provisions of  this amendment shall take  effect and
          be  in  operation  sixty  (60)  days  after the approval and
          adoption by  the people  of Oregon;  provided, however,  the
          right of a local option election exists in the counties  and
          in any incorporated city or town containing a population  of
          at least five hundred (500). The legislative Assembly  shall
          prescribe a means and a procedure by which the voters of any
          county or incorporated city or town as limited above in  any
          county,  may  through  a  local  option  election  determine
          whether to prohibit or permit such power, and such procedure
          shall  specifically  include  that  whenever fifteen percent
          (15%) of the registered voters of any county in the state or
          of any incorporated  city or town  as limited above,  in any
          county in  the state,  shall file  a petition  requesting an
          election in this matter, the question shall be voted upon at
          the next regular  November biennial election,  provided said
          petition is filed not less  than sixty (60) days before  the
          day of election.   (2) Legislation relating  to this  matter
          shall operate uniformly throughout  the state and all  indi-
          viduals shall be treated  equally; and all provisions  shall
          be liberally construed for the accomplishment of these  pur-
          poses. [Created  through initiative  petition filed  July 2,
          1952, adopted by people Nov. 4, 1952]