Page:Compiled Laws of the State of North Dakota 1913 vol I.pdf/77

 CONSTITUTION

OF THE

STATE OF NORTH DAKOTA

[Adopted Oct. 1, 1889; yeas, 27,441; nays, 8,107.]

Article 1.—Declaration or Rights.

§ 1. All men are by nature equally free and independent and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property and reputation; and pursuing and obtaining safety and happiness.

Primary election law must be reasonable, uniform in operation, and must bear with substantial equality upon all parties and candidates. State ex rel. Dorval v. Hamilton, 20 N, D. 597, 129 N. W. 916,

A law prohibiting sale of liquor not intoxicating or otherwise harmful, valid as an exercise of the police power. State v. Fargo Bottling Works Co., 19 N. D. 396, 26 L.R.A. (N.S.) 872, 124 N. W. 387.

§ 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people, and they have a right to alter or reform the same whenever the public good may require.

Constitutions are means employed by sovereign people to limit powers of their agents. State ex rel. Miller v. Taylor, 22 N. D. 362, 133 ww. 1086,

§ 3. The state of North Dakota is an inseparable part of the American union, and the constitution of the United States is the supreme law of the land.

§ 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference shall be forever guaranteed in this state, and no person shall be rendered incompetent to be a witness or juror on account of his opinion on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.

Act making it unlawful to run or permit to be run theaters, ete. on Sunday, not invalid as interference with religious liberty, being valid under police power. State ex rel. Temple v. Barnes, 22 N. D. 18, 37 L.R.A.(N.S.) 114, 132 N. W. 215, Ann. 1913E, 930.

Constitutionality of statutes making sa incompetent because of religious belief, race, or previous condition, 92 Am. Dec. 473.

§ 5. The privilege of the writ of habeas corpus shall not be suspended unless when in case of rebellion or invasion, the public safety may require.

Extent and effect of suspension of writ. 45 L.R.A. 834.

Continuance of constitutional guaranties during war or insurrection. 45 L.R.A.(N.S.) 996.

§ 6. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted. Witnesses shall not be unreasonably detained, nor be confined in any room where criminals are actually imprisoned.

One charged with murder not entitled to bail as a strict legal right, where the proof of guilt ie evident or presumption thereof great. State v. Hartzell, 13 N. D. 356, 100 N. W. 745.