several places of holding elections in the various counties of this State, and vote for or against calling a Convention to alter, reform or abolish the present Constitution of this State.

tickets.

Sec. 2. Be it further enacted, That in submitting the Form of question of a Convention to the people, tickets shall be prepared by the proper authorities under the laws in force at the time of holding said election, or by the electors in various counties of this state, with the words written or printed "For a Convention," "Against a Convention," and if the number of votes cast for a Convention be greater than the votes cast against a Convention, then there shall be a Convention.

and qualification of

electors.

Registration books shall be opened and voters will be Registration allowed to register in all respects as at that time provided by law, and the qualifications necessary to entitle a citizen to vote upon the questions submitted shall, in all respects, be the same as then required by law in order to vote for members of the General Assembly.

and notice of

Sec. 3. Be it further enacted, That it is hereby de- Proclamation clared to be the duty of the Governor to issue his pro- election. clamation to the several sheriffs or other proper officers under the law, in the State and counties thereof, immediately after the passage of this Act, requiring them to hold and conduct said election as herein provided. And said sheriffs or other proper officers under the law, in the various counties of the State shall advertise the time and places of holding said election, as in case of special elections for members of the General Assembly.

make returns.

Sec. 4. Be it further enacted, That it shall be the duty Sheriff to of the sheriff, or other proper officer under the law, of each county of the State, immediately after said election, to make a complete return to the Secretary of this State of the votes cast "For a Convention" and "Against a Convention," in his county.

vote and an

result.

Sec. 5. Be it further enacted, That it shall be the Comparing duty of the Governor and Secretary of this State to compare the returns made by the sheriffs or other proper officers under the law, and if a majority of those voting be in favor of a Convention, or against a Convention, it shall be the duty of the Governor to immediately issue his proclamation announcing the result.

may hold election.

Sec. 6. Be it further enacted, That in all cases where Free-holders any sheriff or other proper officer under the law, fails or refuses to hold said election, it shall be lawful for any three free-holders, being legal voters, to hold said election by summoning as many by-standers, being legal

Repeal.

voters, as may be necessary, to hold said election.

en

Sec 7. Be it further enacted, That an Act approved September 24, 1896, being Chapter 1 of the Acts of the General Assembly of the State of Tennessee, passed September 23, 1896, at the Extra Session of 1896, titled, "An Act to authorize the people to decide by vote whether they will call a Constitutional Convention, be and the same is hereby repealed.

Sec. 8. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.

Passed March 12, 1897.

MORGAN C. FITZPATRICK, Speaker of the House of Representatives. JOHN THOMPSON,

Speaker of the Senate.

Approved March 17, 1897.

ROBT. L. TAYLOR,

Governor,

CHAPTER 12.

Qualification

of voters.

Election, how and when

held.

[HOUSE BILL NO. 54.]

AN ACT to provide for the election of delegates to a Constitutional Convention, and for the holding of said Convention and the submission of the result to the voters of the State of Tennessee. And to repeal an Act entitled "A Bill to be entitled, An Act to provide for the election of delegates to a Constitutional Convention," approved September 25, 1896, being Chapter 2 of the Acts of the General Assembly of the State of Tennessee, passed September 24, 1896, at the Extra Session of 1896.

Section 1. Be it enacted by the General Assembly of the State of Tennessee, That in case the Governor of the State pursuant to law, shall issue his proclamation announcing that a majority of the voters voting in said election have cast their votes in favor of calling a Constitutional Convention, all legal voters under existing laws of this State, who were qualified to vote for or against the calling of a Constitutional Convention under the Act passed, and all who have become of legal age since said election was held are hereby authorized to assemble on the first Thursday in October, 1897, at the several places of holding elections in the various counties of the State and vote for delegates to a Constitutional Convention to alter, reform or abolish the present Constitution of the State.

Sec. 2. Be it further enacted, That said election shall be held at all the precincts and voting places established

by law, and shall be managed and conducted under the laws then in force, in the same manner and under the same rules and regulations that members of the General Assembly are then elected. And it is hereby declared. to be the duty of the Governor to issue his proclamation to the several sheriffs or other proper officers under the law of the State and counties thereof, immediately after the announcement by him that a majority of said votes have been cast in favor of said Convention, requiring them to hold and conduct said election as herein provided. And said sheriffs or other proper officers under the law, at the various counties of this State shall advertise the time and place of holding said election, as in case of special elections of members of the General Assembly.

delegates.

Sec. 3. Be it further enacted, That the whole number Number of of delegates selected to such Convention shall be the same as the number of Representatives of the General Assembly as now organized, and the number of delegates from each Representative District shall be the same as now provided by law for the Representatives in the General Assembly, making the whole number of delegates in the Convention ninety-nine (99).

Sec. 4. Be it further enacted, That no person shall Eligibility. be eligible to a seat in said Convention, who is not twenty-seven (27) years of age and a legal voter of the county or district he seeks to represent.

how filled.

Sec. 5. Be it further enacted, That in case of death, Vacancies, refusal or inability to serve, resignation or removal from the State of any delegate, the vacancy occasioned thereby shall be filled in the same manner as prescribed by law for filling vacancies in the representation in the General Assembly.

make returns.

Sec. 6. Be it further enacted, That it shall be the duty Sheriff to of the sheriff or other proper officer under the law, of each county of the State, immediately after said election to make a complete return to the Secretary of State of the votes cast for delegates in his county, provided that certificates of election shall issue to delegates as now provided by law in the case of Representatives of the General Assembly, and said certificate shall be prima facie evidence of the right of any delegate to a seat in said Convention, subject if contested to be decided in the manner the Convention may prescribe.

organize. when and where.

Sec. 7. Be it further enacted, That said Convention Convention to shall convene in the city of Nashville on the first Monday in November, 1897, and when so assembled, said delegates shall organize themselves into a Constitutional

Convention by the election of a President and such other officers as they may deem necessary.

Sec. 8. Be it further enacted, That said Convention shall adopt such rules and regulations for its government, and the transaction of its business, as it shall deem proper. And the members and officers of said Convention shall serve without pay, and shall be allowed for expenses the actual amount of traveling expenses for one trip going and coming from their homes to the place of holding the Convention, and two dollars per day during the continuance of the Convention for board, and no more. And said Convention shall not continue in session for a longer period of time than seventy-five days.

Sec. 9. Be it further enacted, That the Constitution or form of government, which said Constitutional Convention may adopt, shall not be of any binding force until the same has been submitted to and ratified by a majority of the voters at an election held for that purpose in such manner and at such time as the Convention shall provide.

Sec. 10. Be it further enacted, That in all cases where any sheriff or other proper officer under the law, fails or refuses to hold said election, it shall be lawful for any three free-holders, being legal voters, to hold said. election by summoning as many by-standers, being legal voters, as may be necessary to hold said election. Clerks, judges and officers holding said election shall serve without compensation.

Sec. 11. Be it further enacted, That an Act approved September 25, 1896, being Chapter 2 of the Acts of the General Assembly of the State of Tennessee, passed September 24, 1896, at the Extra Session of 1896 entitled, "A Bill to be entitled, An Act to provide for the election of delegates to a Constitutional Convention" be and the same is hereby repealed.

Sec. 12. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.

CHAPTER 13.

[HOUSE BILL NO. 189.]

AN ACT to secure pure elections by creating Boards of Commissioners of Election in Counties having a population less than 50,000 inhabitants, computed by the Federal Census of 1890, and any subsequent Federal Census, and defining the duties and powers thereof.

Commissiontion, how appointed.

ers of elec

Section 1. Be it enacted by the General Assembly of the State of Tennessee, That for and in, each and every of the counties of this State which has a population under and less than fifty thousand inhabitants, computed by the Federal Census of 1890, and by any subsequent Federal Census (the last published Census to control in all cases), there shall be appointed by the Governor in this State, a board of three persons, to be known as the Commissioners of Election. Not more To be of varythan two of the three commissioners constituting the ing politics. board shall be of the same political party; and any two shall constitute a quorum for the transaction of busi

pointed.

office.

out compensation.

ness. They shall be appointed on the first Monday in When ap April, 1897, or as soon thereafter as practicable, and on the first Monday in April every two years thereafter. They shall hold their offices for the term of two years, Term of and until their successors are appointed; and all vacancies shall be filled by the Governor, by appointment, as in the first instance. Said commissioners shall serve To serve withwithout compensation, and before entering upon the duties of their office, shall take and subscribe to an oath before any officer authorized to administer oaths in the county for which such commissioners are appointed, to faithfully and honestly discharge the duties of their oath. office. It shall be the duty of said commissioners to qualify within twenty days after their appointment, and organize by the selection of one of their number as chairman.

qualify.

A failure on the part of any commissioner to qualify Failure to as above provided, shall in all cases vacate the appointment of such commissioner. The oath of the commissioners, duly dated, shall be endorsed upon his commission.

Sec. 2. Be it further enacted, That it shall be the duty To appoint of said Commissioners of Election, within sixty days judges. prior to every election to be held in their county,