aged. The fee of land taken for railroad tracks or other highways shall remain in such owners, subject to the use for which it is taken.

1. The provisions of Section 1302, Comp. Laws, imposing upon township supervisors the duty of assessing the damages sustained by the owner of land by reason of the laying out, altering, or discontinuing any road,-the right to an appeal and a jury trial being given to the party who feels aggrieved by any such determination or award of damages made by the supervisors (section 1324, Comp. Laws), are not in conflict with the provisions of Sec. 13, Art. 6.

2. The purpose of the provisions of the constitution evidently is to secure to a party whose property is taken or damaged for public use, the right to a jury trial upon the question of damages and that right is secured by giving to the party whose land is so taken or damaged the right to an appeal to the court in which such a jury trial may be had.

3. The term "municipal corporation," as used in chapter 94, Laws 1891, does not include townships organized under the laws of this state.

4. The term "other corporations" does not include townships organized under the laws of this state.

5. Chapter 94, Laws 1891, was designed to effect "municipal" and "other corporations" referred to in section 18, Art. 17 of the Constitution only, and has no application to quasi corporations organized under the laws of this state for political and governmental purposes.

Town of Dell Rapids v. Irving, 7 S. D., 310, 65 N. W., 149. EMINENT DOMAIN

INJUNCTION—ALLEGATIONS-DAMAGES.

Under Const. Art. 6. Sec. 13, a complaint alleging that plaintiff, as owner of certain lots, had erected a house and made improvements on the natural grade of the street, and that defendant city threatened to change the grade thereby damaging her property, and that defendant had not compensated nor offered to compensate her therefor, is sufficient to support an injunction.

Under Const. Art. 6, 13, it was not necessary for plaintiff to allege that she would sustain irreparable injury, or that defendant was unable to respond in damages in order to entitle her to an injunction.

5. The provisions of Const. Art. 6, § 13, are not controlled by Laws 1890, Chap. 37, Art. 16, § 18, providing that, after the grade of any street has been established, the city shall, if they change the grade, be liable in damages, so as to defeat plaintiff's right to damages, where she had built upon and improved her lot at natural grade, and the city threatened to establish a new grade.

6. The fact that the city did not admit that its threatened acts would cause any damage to plaintiff did not relieve it of the obligation to take proper proceedings to ascertain the damages before commencing the proposed improvement, as required by Const. Art. 6, § 13, and Laws 1891, Chap. 94 in execution thereof.

Searle v. City of Lead, 10 S. D., 312, 73, N. W., 101.

ULTRA VIRES-EMINENT DOMAIN-EASEMENT.

Upon the theory that the act of purchasing this land for the purposes of a public highway, and the entering into a contract, as part consideration therefor, to build and maintain a fence along its limits, is ultra vires, the defendant interposed a general demurrer, which was overruled, and the point is here presented for review. In this state, and in fact generally, the public is authorized to acquire for the purposes of a road no more than an easement, while the owner of the fee remains the owner of the land, subject to such incumbrance. Const., Art. 6, § 13; Comp. Laws, § 2783.

Meek v. Meade County, 12 S. D., 165, 80 N. W., 182.

DAMAGES-GRADE-MUNICIPAL LIABILITY.

Const. Art. 6, § 13, declares that private property shall not be taken for public use without just compensation; and Laws 1890, Chap. 37, Art. 16, § 18, provides that after a street grade shall have been established, the city shall be liable for damages occasioned by the change of such grade. Held that, where a street grade had not been established by a legal ordinance, the city was liable for damages sustained by a change of the grade of such street.

Whittaker v. City of Deadwood et al., 12 S. D., 608, 82 N. W., 202. COMPENSATION.

Section 13, Art. 6, Const. It will be noticed that under this provision "just compensation" must be made to the party whose property is taken or damaged. It is not sufficient that compensation be made for the property taken, but "just compensation" must also be made for other parts of the property damaged. In whatever manner, therefore, the part remaining shall be damaged by the taking, for such damage the party must be fully compensated. The question therefore in such case is, what amount of money will compensate the party for the loss sustained by reason of the opening of the highway.

Schuler et al. v. Board of Supervisors, 12 S. D., 466, 81 N. W., 890. STREETS-USE-COMPENSATION.

Const. Art. 6, § 13, providing that private property shall not be taken or damaged for public use without just compensation, and that the fee of land taken for highways, shall remain in the owner, and Article 17, § 18, providing that compensation shall be made before property is taken or injured, do not apply to the use of the streets of a city for the purposes for which they have been dedicated.

Kirby v. Citizens' Tel. Co., of Sioux Falls, 17 S. D., 362, 97 N. W., 3. § 14.

No distinction shall ever be made by law between resident aliens and citizens in reference to the possession, enjoyment or descent of property. § 15. No person shall be imprisoned for debt arising out of or founded upon a contract.

FINE-IMPRISONMENT.

A fine imposed in a civil case may be inforced by imprisonment; Art. 6, Sec. 15, merely prohibiting imprisonment for, "debts arising out of or founded upon a contract."

City of Deadwood v. Allen, 9 S. D., 221, 68 N. W., 333..

8 16. The military shall be in strict subordination to the civil power. No soldier in time of peace shall be quartered in any house without consent of the owner, nor in time of war except in the manner prescribed by law.

§ 17. No tax or duty shall be imposed without the consent of the people or their representatives in the legislature, and all taxation shall be equal and uniform.

TAXATION-OCCUPATIONS-EXEMPTIONS.

Const. Art. 6, § 17, means with reference to taxes on occupations, that the taxes imposed shall fall alike on all persons who are in substantially the same situation; and therefore the Legislature may classify occupations for the purpose of taxation, and tax some and exempt others.

In re Watson, 17 S. D., 486, 97 N. W., 463.

LICENSE-TAXATION-CLASSIFICATION.

Laws 1903, p. 249, c. 190, imposing a license on peddlers dealing in goods, wares or merchandise "except nursery stock, agricultural products, including milk, butter, eggs, and cheese," and providing that the act shall not apply to traveling salesmen doing business with retailers or with public officers, if construed as imposing a tax on occupations under the taxing power, imposes a tax on all persons embraced within a class, based on a classification conforming to natural and well recognized lines of distinction, and is therefore not in conflict with Article 6, § 17.

In re Watson, 17 S. D., 486, 97 N. W., 463.

§ 18. No law shall be passed granting to any citizen, class of citizens or corporation, privileges or immunities which upon the same terms shall not equally belong to all citizens or corporations.

BANKING.

The banking act of this state (chap. 27, laws 1891), providing for the incorporation of banking associations, in so far as the same prohibits any individual or firm from transacting the banking business specified in subdivision 7 of section 4 of said act, without first complying with the provisions of the act, is in conflict with the provisions of section 18, Art. 6.

State v. Scougal, 3 S. D., 55, 51 N. W. 858.

POLICE POWER.

The statute (Laws 1903 p. 249, c. 190) if considered as an exercise of the police power of the state, is not in conflict with Art. 6, Sec. 18.

In re Watson, 17 S. D., 486, 97 N. W., 463.

PRIMARY ELECTIONS-CLASS LEGISLATION

CANDIDATES.

1. This section requires that every prescribed rule shall have substantially the same operation as to all persons or corporations in substantially the same situation.

2. The primary election law of 1907 p. 306, c. 139, Sec. 6, is unconstitutional as class legislation in that it deprives a political party casting less than 100 votes in a county for its candidate for governor at the preceding election, from representation in the party convention, and each party in calling its state convention is at liberty to determine the total number of its delegates, apportioning them among the several counties with reference to vote for candidate for governor at the last preceding general election.

Morrow v. Wipf, 22 S. D.,

115 N. W., 1122.

§ 19. Elections shall be free and equal, and no power, civil or military shall at any time interfere to prevent the free exercise of the right of suffrage. Soldiers in time of war may vote at their post of duty in or out of the state under regulations to be prescribed by the legislature.

ELECTIONS CANDIDATES CERTIFICATION OF NAMES BALLOT— PLEADINGS-DEMURRER.

1. Const. Art. 6, § 19, provides that elections shall be free and equal, and no power, civil or military, shall at any time interefere to prevent the free exercise of the right of suffrage. Article 7, § 1, provides what shall constitute the qualifications of an elector, and declares that one possessing these qualifications shall be deemed a qualified elector at such election; held that the legislature was not inhibited by the constitution from passing an election law requiring the names of all candidates to be certified by law, and printed on an official ballot, thus, in effect, denying to eelctors the right of writing on the official ballot the name of a candidate whose name has not been properly certified.

2. Where in an action for damages against the board of county commissioners for refusing to canvass a vote, by reason whereof plaintiff was deprived of an office to which he claimed to have been elected, plaintiff failed to show that he was legally elected, a demurrer to the complaint was properly sustained.

Chamberlain v. Wood, et al., 15 S. D., 216, 88 N. W., 109. § 20.

All courts shall be open, and every man for an injury done him in his property, person or reputation, shall have remedy by due course of law, and right and justice, administered without denial or delay.

TRIAL APPEALS.

Const. Art. 6, § 20, is satisfied by a trial in a court of competent jurisdiction, in which the right to jury trial, in proper cases, is afforded, as provided in Section 6, and does not prohibit the legislature from prescribing in what cases appeal may be taken to the supreme court.

McClain v. Williams, 10 S. D., 332, 73 N. W. 72.

§ 21. No power of suspending laws shall be exercised unless by the legis lature or its authority.

§ 22. No person shall be attained of treason or felony by the legislature. § 23. Excessive bail shall not be required, excessive fines imposed, nor cruel punishment inflicted.

FINES NUISANCE.

The punishment imposed by section 13, c. 101, Laws 1890, for the first offense of keeping and maintaining a common nuisance is not a "cruel punishment," within the meaning of Section 23, Art. 6, of the Constitution, and such provision is not unconstitutional on that account.

State v. Becker, 3 S. D., 29, 51 N. W., 1019.

§ 24. The right of citizenship to bear arms in defense of themselves and the state shall not be denied.

§ 25. Treason against the state shall consist only in levying war against it, or in adhering to its enemies, or in 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.

§ 26. All political power is inherent in the people, and all free government is founded on their authority, and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in such manner as they may think proper. And the State of South Dakota is an inseperable part of the American Union, and the constitution of the United States is the supreme law of the land.

$ 27. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue and by frequent recurrence to fundamental principles.

ARTICLE VII.

ELECTIONS AND RIGHT OF SUFFRAGE

§ 1. Every male person resident of this state who shall be of the age of twenty-one years and upwards, not otherwise disqualified, belonging to either of the following classes, who shall be a qualified elector under the laws of the territory of Dakota at the date of the ratification of this constitution by the people, or who shall have resided in the United States one year, in the state six months, in the county thirty days, and in the election precinct where he offers his vote ten days next preceding any election, shall be deemed a qualified elector at such election;

First, citizens of the United States.

Second, persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States upon the subject of naturalization.

ELECTIONS-PRIMARY-METHOD OF NOMINATION.

The primary election, Laws 1907, p. 286, c. 139, § 3, declares that thereafter all party candidates for the elective offices named, and for the office of United States senator, shall be nominated, and all party delegates to political conventions, and all precinct, county, state, and national committeemen shall be nominated and elected at a primary election held in accordance with the provisions of the act; that all other nominations of such candidates shall be by petition in the manner provided by law. Section 6, subd. 1, provides that the name of no candidate for United States senator, nor of any candidate for member of congress, nor for any state office, including judges of the circuit court, shall be printed on any official ballot used at a primary election, unless the nominating petition in the form prescribed shall have been filed in the office of the Secretary of State. Held, that such act prescribed the exclusive mode of nominating party candidates for the offices specified therein.

The primary election, (Laws 1907, p. 285, c. 139) though construed as prescribing an exclusive mode of nominating candidates for offices mentioned therein, is not unconstitutional as an improper infringement on an elective

franchise, such franchise being a mere privilege, and not a natural right, which the Legislature may regulate to any extent not prohibited by the federal and state Constitutions.

Healy et al. v. Wipf, Secretary of State, 22 S. D. 117 N. W., 521; See also under Art. 6, Sec. 19; Chamberlain v. Wood, 15 S. D. 216, 88 N. W., 109.

§ 2. The legislature shall at its first session after the admission of the state into the union submit to a vote of the electors of the state the following question to be voted upon at the next general election held thereafter, namely: "Shall the word 'male' be stricken from the article of the constitution relating to elections and the right of suffrage?" If a majority of the votes cast upon that question are in favor of striking out said word "male," it shall be stricken out and there shall thereafter be no distinction between males and females in the exercise of the right of suffrage at any election in this state.

Note The above question was submitted to the people at the election held in November, 1890, and was rejected by the following vote: For, 22,072; against, 45,682.

§ 3. All votes shall be by ballot, but the legislature may provide for numbering ballots for the purpose of preventing and detecting fraud.

§ 4. All general elections shall be biennial.

§ 5. Electors shall in all cases except treason, felony or breach of the peace be privileged from arrest during their attendance at elections and in going to and returning from the same. And no elector shall be obliged to do military duty on the days of elections, except in the time of war or public danger.

§ 6. No elector shall be deemed to have lost his residence in this state by reason of his absence on business of the United States or of this state, or in the military or naval service of the United States.

§ 7. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed therein.

§ 8. No person under guardianship, non compos mentis or insane, shall be qualified to vote at any election, nor shall any person convicted of treason or felony be qualified to vote at any election unless restored to civil rights.

§ 9. Any woman having the qualifications enumerated in Section 1 of this article as to age, residence and citizenship, and including those now qualified by the laws of the territory, may vote at any election held solely for school purposes and may hold any office in this state, except as otherwise provided in this constitution.

ARTICLE VIII.

EDUCATION AND SCHOOL LANDS.

§ 1. The stability of a republican form of government depending on the morality and intelligence of the people, it shall be the duty of the legislature to establish and maintain a general and uniform system of public schools wherein tuition shall be without charge, and equally open to all; and to adopt all suitable means to secure to the people the advantages and opportunities of education.

§ 2. All proceeds of the sale of public lands that have heretofore been or may hereafter be given by the United States for the use of public schools in the state; all such per centum as may be granted by the United States on the sales of public lands; the proceeds of all property that shall fall to the state by escheat; the proceeds of all gifts or donations to the state for public schools or not otherwise appropriated by the terms of the gift; and all property otherwise acquired for public schools, shall be and remain a perpetual fund for the maintenance of public schools in the state. It shall be deemed a trust fund held by the state. The principal shall forever remain inviolate, and may be increased, but shall never be diminished, and the state shall make good all losses thereof which may in any

manner occur.

STATE BONDS-LIMITATIONS-SCHOOL FUND.

1. Act March 12, 1895, directing the issue and sale of state bonds to make good losses to the permanent school fund and to the interest and income funds,