Iowa County, Wisconsin - Chapter 18, 1881 (part 11 of 17)

Sec. 228fi. "When any child shall be born, after the making of his parent's will, and no provision shall be made therein for him, such child shall have the same share in the estate of tiie testator as if he had died intestate ; and the share of such child shall be assigned to him, as provided by law, in case of intestate estates, unless it shall be apparent from the will that it was the intention of the testator that no provision should be made for such child.

Sec. 2200. No will, or any part thereof, shall be revoked, unless by burning, tearing, canceling or obliterating the same, with the intention of revoking it, by the testator, or by some person in liis presence, and by his direction, or by some other will or codicil in writing, executed as prescribed in this chapter, or by some other writing, signed, attested and subscribed in the manner provided in this chapter, for the execution of a will ; excepting, only, that nothing contained in this section shall prevent the revocation implied by law, from subsequent changes in the condition or circumstances of the testator. The power to make a will implies the power to revoke the same.

Of Tiie Adoption Of Children

Sec. 4021. Any inhabitant of this State may petition the County Court, in the county of his residence, for leave to adopt a child not his own by birth ; but no such petition made by a married person shall be granted, unless the liusband or wife of the petitioner shall join therein ; nor shall any such petition be granted, unless the child, if of the age of fourteen years, or more, shall consent thereto in writing, in the presence of the court.

Sec. 4022. No such adoption shall be made, without the written consent of the living parents of such child, unless the court shall find that one of the parents has abandoned the child, or gone to parts unknown, when such consent may be given by the parent, if any, having the care of the child. In case where neither of the parents is living, or if living, have abandoned the child, such consent may be given by the guardian of such child, if any ; if such child has no guardian, such consent may be given by any of the next of kin of such child, residing in this State, or, in the discretion of the court, by some suitable person to be appointed by the court.

2. In case of a child not born in lawful wedlock, such consent may be given by the mother, if she is living, and has not abandoned such child.

Sec. 4023. If upon such petition and consent, as herein provided, the County Court shall be satisfied of the identity and the relations of the persons, and that the petitioners are of sufficient ability to bring up, and furnish suitable nurture and education for the child, having reference to the degree and condition of its parents, and that it is proper that such adoption shall take eflfect, such court shall make an order, reciting said facts that, from and after the date thereof, such child shall be deemed, to all legal intents and purposes, the child of the petitioners ; and by such order the name of such child may be changed to that of the parents by adoption.

Sec. 4024. A child so adopted, shall be deemed for the purposes of inheritance and succession by such child, custody of the person and right of obedience by such parents by adoption, and all other legal consequences and incidents of the natural relation of parents and children, the same to all intents and purposes as if such child had been born in lawful wedlock of such parents by adoption, excepting that such child shall not be capable of taking property expressly limited to the heirs of the body of such parents.

The natural parents of such child shall be deprived, by such order of adoption, of all legal rights whatsoever, respecting such child, and such child shall be freed from all legal obligations of maintenance and obedience to such natural parents.

Interest

The legal rate of interest is 7 per cent. A higher rate of interest, not exceeding 10 per cent, may be contracted for, but the same must be clearly expressed in writing. If a higher rate than 10 per cent is collected or paid, the party so paying may, by himself or his legal representative, recover treble the amount so paid above the 10 per cent, if the action is brought within one year, and all bills, notes, or other contracts whatsoever, whereby a higher rate than 10 per cent is secured, shall be liable for the principal sum, but no interest shall be recovered.

Jurisdiction Of Courts

The Circuit Courts have general jurisdiction over all civil and criminal actions within their respective circuits, subject to a re-examination by the Supreme Court.

The County Courts shall have jurisdiction over the probate matters in their respective counties, and shall have exclusive appellate jurisdiction in the counties of Brown, Dodge, Fond du Lac, Milwaukee and Winnebago in all cases of appeals from Justices of the Peace in civil actions, and all cases commenced in Justices' Courts therein, there shall be an answer put in. showing that the title of lands will come in question.

And such Courts shall have concurrent and equal jurisdiction in all civil actions and proceedings with the Circuit Courts of said counties to the following extent respectively :

The County Court of Brown, when the value of the property in controversy, after deducting all payments and set-offs, shall not exceed five thousand dollars.

They shall have jurisdiction of all actions for foreclosure where tlie value does not exceed the above amount.s, and of all actions for divorce or for affirmation or annuUment of marriage contract.

All persons who are citizens of the United States, and qualified electors of the State shall be liable to be drawn as jurors, except as provided as follows :

All officers of the United States, the Governor, Lieutenant Governor, Secretary of State, .'Vttorney General, Suite Superintendent and Treasurer ; all Judges, Clerks of Courts of Record ; all county officers. Constables, attorneys and counselors at law, ministers of the Gospel of any leligious society, practicing physicians, surgeons, dentists, and the President, professors and instructors of the University and their assistants, and of the several colleges and incorporated Mcademies ; all teachers of the State Normal Schools, one teacher in each common school, the officers and employes of the .several State institutions, one miller in each grist-mill, one ferryman at each licensed ferry, one dispensing druggist in each prescription drug-store, all telegraph operators and superintendents, conductors, engineers, firemen, collectors and station-agents of any railroad or canal, while in actual employment as such ; all officers of fire departments, and all active members of fire companies organized according to law ; all persons more than sixty years of age, and all persons of unsound mind or subject to any bodily infirmity amounting to disability ; all persons who have been convicted of any infamous crime, and all persons who have served at any regular term of the Circuit Court as a grand or petit juror within one year, except he shall be summoned on a special venire or as a tftlesman.

Weights And Measures

Whenever either of the articles, as commodities hereafter mentioned, shall be sold by the bushel, and no special agreement as to measure or weight thereof shall be made by the parties, the measure shall be ascertained by weight, and shall be computed as follows:

Fifty pounds for a bushel of green apples : fift\-six pounds for a bushel of rutabagas, flaxseed, rye or Indian corn shelled, and seventy jiounds of Indian corn unshelled; fifty pounds for a bushel of rape seed, buckwheat, beets, carrots or onions; forty-eight pounds for a bushel of barley ; forty-five pounds for a bushel of timothy seed ; forty-four pounds for a bushel of parsnips ; forty-two pounds for a bushel of common flat turnips ; thirty-two pounds for a bushel of oats; and twenty-eight pounds for a bushel of dried apples or dried peaches.

No person shall sell, buy or receive in store any grain at any weight or measure per bushel other than the standard weight or measure per bushel fixed by law ; and, for any violation, the oft'ender shall forfeit not less than five nor more than fifty dollars.

Damages For Trespass

Any person who shall willfully, maliciously or wantonly destroy, remove, throw down or injure any fence, hedge or wall inclosing any orchard, pasture, meadow, garden, or any field whatever on land belonging to or lawfully occupied by another, or open and leave open, throw down, injure, remove or destroy any gate or bars in such fence, hedge or wall, or cut down, root up. sever, injure, destroy or carry away when severed, any fruit, shade, ornamental or other tree, or any shrub, root, plant, fruit, flower, grain or other vegetable production, or dig up, sever or carry away any mineral, earth or stone, or tear down, mutilate, deface or injure any building, signboard, fence or railing, or sever and carry away any part thereof, standing or being upon the land of another or held in trust, or who shall willfully, maliciously or wantonly cut down, root up, injure, destroy or remove or carry away any fruit, ornamental or other tree, or any shrub, fruit, flower, vase or statue, arbor, or any ornamental structure, standing or being in any street or public ground in any city or village, in any private inclosure or highway, or destroy, remove, mutilate or injure any milestone or board, or any guide-post or board erected in any highway or public way, or on any turnpike, plank-road or railroad, or deface or obliterate anj' device or inscription thereon, or cut down, break down, remove, mutilate or injure any monument erected or tree marked for the purpose of designating the boundaries of any town or tract of land or subdivision thereof, or deface or obliterate any figures, letters, device or inscription thereon, made for such purpose, or break, remove, destroy or injure any post, guard, railing or lamp-post or lamp thereon, erected or being on any bridge, street, sidewalk, alley, court, passage, park, public ground, highway, turnpike, plank or rail road, or extinguish or break any lamp on any such lamp-post, or tear, deface, mutilate or injure any book, map, pamphlet, chart, picture or other property belonging to any public library, or take and carry awajr the same with intent to convert to his own use, or shall injure or destroy any personal property of another, shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding one hundred dollars.

Any person who shall willfully, maliciously or wantonly kill, maim, mutilate, disfigure or injure any horse, mule, cattle, sheep or other domestic animal of another, or administer poison to such animal, or expose any poison, with intent that the same may be taken or swallowed by such animal ; and any person who shall overdrive, overwork, overload, maim, wound, torture, torment, cruelly beat or kill any such animal belonging to himself or another, or being the owner or having the care or charge thereof, shall fiil to provide necessary food, water or shelter for any such animal, or who shall turn out and abandon, without proper care and protection, or cruelly work any such animal when old, diseased, disabled or unfit for work, or shall carry or confine any live animal, fowl or bird, in a cruel or inhuman manner, or who shall cause, procure or abet any cruelty above mentioned, or the fighting or baiting of bulls, dogs or cocks, shall be punished by imprisonment in the county jail not more than six months or by fine not exceeding one hundred dollars.

No stray, except horses and mules, shall be taken up by any person not a resident of the town in which it is found ; nor unless it is found upon land owned or occupied by him. Every finder for a stray must notify the owner, if he is known, within seven days, and request him to pay all reasonable charges and take the stray away. If the owner is not known, he must file a notice with the Town Clerk within ten days, who shall transmit a copy thereof to the County Clerk.

If the stray is not worth five dollars, the finder shall post a copy of such notice in two public places in such town ; if it exceed five dollars in value, he shall publish such notice four successive weeks either in some newspaper published in the county or in an adjoining county, if one be published nearer his residence than any published in his county ; but if no newspaper is published within twenty miles of his residence, then he must post such notice in three public places in his county. Such notice shall describe the stray by giving its marks, natural or artificial, as near as possible, the name and residence of the finder, specifying the section and town, and the time when such stray was taken up. For neglect to post up or publish as required, the finder shall be liable to double the amount of damages sustained by the owner. -For neglect to post or publish for one year, the finder shall be liable for its full value, to be recovered in the name of the town, and the amount recovered to be added to the school fund of such town.

The finder shall, within one month, cause the stray to be appraised by a Justice of the Peace and a certificate of such appraisal signed by such Justice filed in the Town Clerk's oflSce. The finder shall pay the Justice fifty cents for such certificate, and ten cents per mile for each mile necessarily traveled to make the same.

The owner may have the same restored to him any time within one year afler such notice is filed in the town Clerk's office, by proving that the stray belongs to him, and paying all lawful charges incurred in relation to the same. If the owner and finder cannot agree :is to the charges, either party, on notice to the other, may apply to a Justice of sucli town to settle the same, who, for that purpose, may examine witnesses upon oath, and the amount found due, with the costs, shall be a lien upon such stray. If no owner applies for the return of such stray, as provided, and the same is not worth more than ten dollars, it shall become the absolute property of such finder ; but if the appraisal shall exceed ten dollars, it shall be sold at public auction by tiie Sheriff or any Constable of the county, on the request of the finder, and he shall be entitled to one-half the proceeds, and the other half shall be paid to the Treasurer of the town within ten days. If the finder shall neglect or refuse to cause such sale, he shall pay to the town the value of such stray, to be recovered by the town.

If any person, without the consent of the owner, shall take away such stray, without first paying the lawful charges, he shall be liable to the finder for the value of such stray. If the finder sliall neglect to do any act prescribed above, he shall be precluded from actjuiring any right in such stray, and from receiving any charges or expenses relative thereto.

The Overseers of Highways in their respective towns, the Aldermen of cities in their respective wards, and tlie Trustees of villages in their respective villages, sliall be Fence Viewers, and in towns having less than three road districts, the Supervisors shall be Fence Viewers.

All fences four and a half feet high, and in good repair, consisting of rails, timber, boards or stone walls, or any combination thereof, and all brooks, rivers, ponds, creeks, ditches and hedges or other things which shall be considered equivalent thereto, in the judgment of the Fence Viewers, within whose jurisdiction the same may be. shall be deemed legal and suflScient fences. Every partition of a fence, or line upon which a fence is to be built, made by the owners Iff the adjoining lands, in writing, sealed and witnessed by two witnesses, or by Fence Viewers in writing, under their hands, after being recorded in the Town Clerk's office, shall oblige such owners and their heirs, as long as they remain owners, and after parting with the ownership, until a new partition is made. A division of a, partition fence, or line upon which a partition fence between adjoining lands shall be built, may be made by Fence Viewers in the following cases:

1. When any owner of uninclosed lands shall desire to inclose the same, he may have the line between his land and the adjoining land of any other person divided, and the portion upon whicli the respective owners shall erect their share of the partition fence assigned, whether such adjoining land be inclosed or not.

2. When any lands belonging to different persons in severalty, shall have been occupied in common, or without a partition fence between them, and one of the occupants shall be desirous to occupy his part in severalty, and the others shall refuse or neglect, on demand, to divide with him the line where the fence ought to be built, or to build a sufficient fence on his part of the line, when divided, the occupant desiring it may have the same divided, and the share of each assigned.

3. When any controversy shall arise about the right of the respective occupants in partition fences, or their obligations to maintain the same, either party may have the line divided, and the share of each assigned.

In either case, application may be made to two or more Fence Viewers of the town where the lands lie, wlio shall give reasonable notice in writing to each party, and they shall in writing under their hands, divide the partition fence or line, and assign to each owner or occupant his share thereof, and in the second and third cases direct within what time each party shall build or repair his share of the fence, having regard to the season of the year, and shall file such decision in the Town Clerk's office. If either party shall neglect or refuse to build or repair within the time so assigned, his part of the fence, the other may, after having completed his own part, build or repair such part, and recover doublo the expense thereof

Where the whole or a greater share than belongs to him lias been built by one of the occupants, before complaint to the Fence Viewers, the other shall be obliged to pay for his share of such fence.

Where uninclosed land is afterward inclosed, the owner shall pay for one-half the partition fence upon the line between him and any other owner or occupant.

If any person shall determine not to keep inclosed any part of his land adjoining any partition fence, and shall give six months' notice of such determination to all adjoining occupants, he sliall not be required to maintain any part of such fence during the time his lands shall lie open.

Landlord And Tenant

The atonement of a tenant to a stranger shall be absolutely void, and shall not in anywise effect the possession of his landlord, unless it be made

3. To a purchaser upon a judicial sale, who shall have acquired title to the lands by a conveyance thereof, after the period for redemption, if any, has expired. A tenancy, a will' or sufferance may be determined by the landlord, giving one month's notice to quit, or the tenant giving one month's notice of his intention to quit, or if the terms of payment are for less than a month, notice equal to the time between payments, or for non-payment of rent, fourteen days' notice to quit. Such notice shall be served by delivering the same to such tenant, or to some person of proper age residing on the premises, or if no such person can be found, by affixing the same in a conspicuous part of the premises, where it may be conveniently read, and, at the expiration of the time required after the service of such notice, the landlord may re-enter, or maintain an action for the recovery of the possession thereof, or proceed in the manner prescribed by iaw to remove such tenant without further or otlier notice to quit. If after giving notice of determination to quit, the tenant neglects or refuses to deliver up the premises, he shall bo liable to double the rent agreed upon, to be collected the same as single rent.

Marks And Brands

Every Town Clerk shall, on application of any person residing in his town, record a description of the marks or brands with which such person may be desirous of marking his horses, cattle, sheep or hogs ; but the same description shall not be recorded or used by more than uiie resident of the same town. If any person shall mark any of his horses, cattle, sheep or hogs, with tlie same mark or brand previously recorded by any resident of the same town, and while the same mark or brand shall be used by such resident, he shall forfeit for every such offense $i> ; if any person shall willfully mark or brand any of the horses, cattle, sheep or hogs, of any other person with his mark or brand, he shall f6rfeit for every such offense §10 ; and, if any person shall willfully destroy or alter any mark or brand upon any of tlie horses, cattle, sheep or hogs of another, he shall forfeit §10, and pay to the party injured double damages.

Surveyors And Surveys

The surveyor may appoint and remove deputies at will, on filing a certificate thereof with the County Clerk. He shall be responsible on his bond for the faithful performance by every deputy of his duties.

(1.) To execute, himself or by his deputy, any survey which may be required of him by order of court, or upon application of any individual or corporation.

(2.) To make a record of the plat and field notes of each survey made by him or his deputies, in record books kept therefor, and to so arrange or index the same as to be easy of reference, and to file and preserve in his office the original field notes and calculations thereof.

(3.) To safely keep all books, records, plats, files, papers and property belonging to his office ; afford opportunity to examine the same to any person desiring, and deliver the same to his successor in office.

(5.) To administer to every chainman and marker assisting in any survey, before commencing their duties as such, an oath or affirmation faithfully and impartially to discharge the duties of chainman or marker, as the case may be ; and the surveyor and his deputies are empowered to administer the same.

The surveyor and his deputies may demand and receive the following fees, except it be otherwise agreed upon with the parties employing them, to wit :

Support Of The Poor

Every town shall relieve and support all poor and indigent persons lawfully settled therein, whenever they shall stand in need thereof, excepting as follows:

The father, mother and children, being of sufficient ability, of any poor person, who is blind, old, lame, impotent or decrepit, so as to be unable to maintain himself, shall, at their own charge, relieve and maintain such poor person in such manner as shall be approved by the Super visors of the town where such person may be, and, upon the failure of any such relative so to do, the Supervisors shall apply to the County Judge for an order to compel such relief.

Abstract' Of Laws Married Women

In Wisconsin, the marriage of a femme sole, executrix or administratrix, extinguishes her authority ; and of a female ward, terminates the guardianship as to custody of person, but not as to estate. The husband holds his deceased wife's lands for life, unless she left, by a former husband, issue to whom the estate might descend. Provisions exist by which powers may be given to married women, and regulating their execution of them. If husband and wife are impleaded, and the husband neglects to defend the rights of the wife, she applying before judgment, may defend without him ; and, if he lose her land, by default, she may bring an action for ejectment after his death. The real estate of females married before, and the real and personal property of those after February 21, 1850, remain their separate property. And any married woman may receive, but not from her husband, and hold any property as if unmarried. She may insure the life of her husband, son, or any other person, for her own exclusive benefit. The property of the wife remains to her separate use, not liable for her husband's debts, and not subject to his disposal. She may convey her separate property. If her husband desert her, or neglect her, she may become a sole trader; and she may insure his life for her benefit. Her husband is not liable for her debts contracted before marriage ; the individual earnings of the wife are her separate property, and she may sue, and be sued alone, in regard to the same. She may make and hold deposits in savings- banks. She may, by a separate conveyance, release her dower in any lands which her husband has conveyed.

If a woman has authority, she can transact all her husband's business for him ; and while they live together, the wife can buy all family things necessary for the support of the family, and for which he is liable.

The husband is responsible for necessaries supplied to his wife, if he does not supply them himself ; and lie continues .so liable, if he turns her out of his house, or otherwise separates himself from her without good cause. But he is not so liable, if she deserts him (unless on extreme provocation), or if he turns her away for good cause. If she leaves him, because he treats her so ill, that she has good right to go from him, this is the same thing as turning her away, and she carries with her his credit for all necessaries supplied to her ; but what the misconduct must be, to give this right, is uncertain. In America the law must be, and undoubtedly is, that the wife is not obliged to stay and endure cruelty and indecency.

If a man lives with a woman as his wife, and represents her to be so, he is responsible, the same as if she were his wife, even if it is known that she is not his wife.

All distinctions have been abolished, and there is now but one form, which must be prosecuted in the name of the real party in interest, except in case of executors, administrators and trustees, and which is begun by the service of a summons on the defendant, to be answered within twenty days.

Arrest

Defendant may be arrested: 1. In an action to recover damages not on contract, wJicre the defendant is a non-rcsiilent, or is about to remove from the State, or where the action is for injury to the person or character, or for injury to, or wrong taking, detaining or converting property, or in an action to recover damages for property taken under false pretenses.

2. In an action for a fine or penalty or for money received or property embezzled or fraudulently misapplied by a public officer or attorney, solicitor, or counsel or officer of a corporation as such, or factor agent or broker, or for misconduct or neglect in official or professional employment.

4. Where the defendant was guilty of fraud in contracting the debt, or in concealing or disposing of the property for the taking, detaining or disposing of which the action is brought.

Attachment Garnishment

is allowed on an affidavit on behalf of the creditor, that he believes that any third person (naming him) has property effects, or credits of defendant, or is indebted to him, also in execution, on a similar affidavit.

Judgment

is a lien on real estate in the county where rendered from the date of docketing, and in other counties from the time of filing a transcript, and the lien continues for ten years. It bears interest at 7 per cent, or as high as 10 per cent if stipulated for in the contract.

Stay Laws

On sums not exceeding §10, exclusive of costs, one month ; between §10 and $30, two months ; between §30 and §50, three months ; over §50, four months.

A homestead not exceeding forty acres, used for agriculture .and a residence, and not included in a town plat or a city or village : or, instead, one-quarter of an acre in a recorded town plat, city or village. Also, 1, Family Bible : 2, Family pictures and school-books ; 3, Private library: 4, Scat or pew in church: Right of burial: 6, Wearing-apparel, beds, bedsteads and bedding, kept and used in the family, stoves and appurtenances, put up and used, cooking utensils and household furniture to the value of §200, one gun, rifle or fire-arm to the value of §50 ; 7, Two cows, ten swine, one yoke of oxen and one horse or mule, or, in liea thereof, a span of horses or mules, ten sheep and the wool therefrom, necessary food for exempt stock for one year, provided or growing or both, one wagon, cart or dray, one sleigh, one plow, one drag and other farm utensils, including tackle for the teams to the value of §50 ; 8, Provisions and fuel for the family for one year ; 9, Tools and implements or stock-in-trade of ik mechanic or miner, used and kept, not exceeding $200 in value, library and implements of a professional man to the value of $"200 ; 10, Money arising from insurance of exempt property destroyed by fire ; 11, Inventions for debts against the inventor; 12, Sewing-machines; 13, Sword, plate, books or articles presented by Congress or Legislature of a State ; 14, Printingmaterial and presses to the value of $1,500; 15, Earnings of a married person necessary for family support for sixty days previous to issuing process.

Limitations Of Actions

Real actions, twenty years ; persons under disabilities, five years after removal of the same. Judgments of Courts of Record of the State of Wisconsin and sealed instruments when the cause accrues within the State, twenty years. Judgments of other Courts of Record and sealed instruments accruing without the State, ten years. Other contracts, statute liabilities other than penalties and forfeitures, trespass on real property, trover detinue and replevin, six years. Actions against Sheriffs, Coroners and Constables, for acts done in their official capacity, except for escapes, three years. Statutory penalties and forfeitures, libel, slander, assault, battery and false imprisonment, two years. Actions against Sheriffs, etc., for escapes, one year. Persons under disabilities, except infants, may bring action after the disability ceases, provided the period is not extended more than ^I'e s/ears, and infants one year ahev coming of age. Actions by representatives of deceased persons, one year from death ; against the same, one year from granting letters testamentary or of administration. New promise must be in writing.

Commercial Terms

$ - Means dollars, being a contraction of U. S., which was formerly placed before any denomination of money, and meant, as it means now, L^nited States currency.

May 1. Wheat sells at $1.20((t;$1.25, " seller June." Seller June means that the person who sells the wheat has the privilege of delivering it at any time during the month of June.

Selling short is contracting to deliver a certain amount of grain or stock at a fixed price, within a certain length of time, when the seller has not the stock on hand. It is for the interest of tlie person selling sfwrt to depress tlie market as much as possible, in order that he may buy and fill his contract at a profit. Hence the "shorts " are termed "bears."

Buying long is to contrive to purchase a certain amount of grain or shares of stock at a fixed price, deliverable within a stipulated time, expecting to make a profit by the rise in prices. The " longs " are termed " bulls," as it is for their interest to " operate " so as to " toss " the prices upward as much as possible.

Suggestions To Those Purchasing Books By Subscription

The business of publishing books by subscription having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in Older to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made:

A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to p;iy tlie price named. The nature and cliaracter of the work is described by the prospectus ami sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the principal, the subscriber should see that such condition or changes arc stated over or in connection with his signature, so that the publisher may have notice of the same.

All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they cannot be altered, varied or rescinded verbally, but, if done at all, must be done in writing. It is therefore important that all poisons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.

Persons employed to solicit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular Susines.^ in a prescribed mode, and have no authority to do it in any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They cannot collect money, or agree that payment may be made in anvthing else but money. They cannot extend the time of payment beyond the time of deli.ery. nor bind their principal for the payment of expenses incurred in their business.

It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscrijdion book, or any written instrument, would examine carefully what it is ; if they cannot read themselves call on some one disinterested who can.

Preamble

We, the People of Wisconsin, grateful to Almighty God for our freedom ; in order to secure its blessings, form a more perfect government, insure domestic tranquillity, and promote the genei-al welfare, do establish this Constitution.

Declaration Of Rights

Section 1. All men are born free and independent, and have, among other rights, those of life, liberty and pursuit of happiness. Governments are instituted to secure these rights.

Sec. 8. Criminal offenses shall be prosecuted on presentment of a grand jury. No one shall be twice put in jeopardy for the same offense, nor be compelled to be a witness against liiniself Every one shall liave the right of giving bail except in capital offenses; and the writ of habeas corpus shall not be suspended, except in case of rebellion or invasion.

Sec. 10. Treason consists in levying war against the State, or giving aid and comfort to its enemies. Two witnesses are necessary to convict a person of the crime.

Sec. 13. No property shall be taken for public use without compensation. All laws in the State are allodial. Feudal tenures are prohibited. The rights of property are the same in resident aliens and citizens. No person shall be imprisoned for debt. Wholesome exemption laws shall be passed.

Section 1. The boundary of the State, beginning at the northeast corner of the State of Illinois, runs with the boundary line of Michigan, through Lake Michigan and Green Bay, to the mouth of the Menominie River: up that stream and the Brule River to Lake Brule; along the southern shore of that lake to the Lake of the Desert; thence in a direct line to the head of Montreal River; down the main channel of that stream to the middle of Lake Superior; thence through the center of said lake to the mouth of St. Louis River; up the channel of that stream to the first rapids ; thence due south to the main branch of the St. Croi.x ; down that river and the Mississippi to the northwest corner of Illinois ; thence due east with the northern boundary of that State to the place of beginning.

Suffrage

Section 1. The qualified electors are all male persons twenty-one years of age or upward, who are(l.) white citizens of the United States; (2.) who are white persons of foreign birth that have declared their intentions, according to law, to become citizens ; (3) who are persons of Indian blood and citizens of the United States ; and (-1.) civilized Indians not members of any tribe.

Sec. 2. Persons under guardianship, such as are non corapus mentis or insane, and those convicted of treason and felony and not pardoned, are not qualified electors.

Sec. 6. Persons convicted of bribery, larceny or any infamous crime, or those who bet on elections, may be excluded by law from the right of suffrage.

Sec. 2. Members of the Assembly shall never number less than fifty-four, nor more than one hundred ; of the Senate, not more than one-third, nor less than one-fourth of the members of the Assembly.

Sec. 3. Census shall be taken, every ten years, of the inhabitants of the State, beginning with 1855, when a new apportionment of members of the Senate and Assembly shall be made ; also, after each United States census.

Constitution Of The State Of Wisconsin

Sec. 15. Except treason, felony and breach of the peace, members are privileged fi'om arrest in all cases ; nor subject to any civil process during a session.

Sec. 21. [Each member shall receive, as an annual compensation, three hundred and fifty dollars and ten cents for each mile traveled in going to and returning from the seat of government]. As amended in 1867.

Sec. 22. Boards of Supervisors may be vested with powers of a local, legislative and administrative character, such as shall be conferred by the Legislature.

Sec. 26. Extra compensation to any public officer shall not be granted after service is rendered, nor shall his compensation be increased or diminished during his term of office.

Sec. 31. [Special legislation is prohibited (1) for changing the names of persons, or constituting one person the heir-at-law of another ; (2) for laying out, opening or altering highways, except in certain cases; (3) for authorizing persons to keep ferries; (4) for authorizing the sale of the property of minors; (5) for locating a county seat ; (6) for assessment of taxes; (7) for granting corporate powers, except to cities; (8) for apportioning any part of the school fund ; and (9) for incorporating any town or village, or to award the charter thereof]. Added by amendment, in 1871.

Sec. 32. [General laws shall be passed for the transaction of any business prohibited by Section 21 of this Article.] Added by amendment, in 1S71.

Section 1. The executive power shall be vested in a Governor, who shall hold Jiis office two years. A Lieutenant Governor shall be elected at the same time and for the same

Sec. 4. The Governor shall be (1) commander-in-chief of the military and naval forces of the State ; (2) he lias power to convene tiie Legislature in extra session ; (3) he shall communicate to the Legislature all necessary information ; (4) he shall transact all necessary business witii tlie officer.s of the State; and (5) shall e.\pedite all legislative measures, and see that th? laws are faithfully executed.

Sec. 7. The executive duties shall devolve upon the Lieutenant Governor when, from any cause, the executive office is vacated by tlie Governor.

Sec. 8. "The Lieutenant Governor shall be President of the Senate. The Secretary of State shall act as Governor when both the Governor and Lieutenant Governor are incapacitated from any causes to fill the executive office.

Sec. 10. All legislative bills shall be presented to the Governor for his signature before they become laws. Bills returned by the Governor without his signature may become laws by agreement of two-thirds of the members present in each house.

Section 1. A Secretary of State, Treasurer and Attorney General shall be elected at the times and places of choosing members of the Legislature, who shall severally hold their offices for two years.

Sec. 2. The Secretary of State shall keep a record of the official acts of the Legislature and Executive Department. lie shall be ex officio Auditor.

Section 1. The Senate shall form the Court of Impeachment. Judgment shall not extend further than removal from office; but the person impeached shall be liable to indictment, trial and punishment, according to law.

Sec. 2. The judicial power of the State is vested in a Supreme Court, Circuit Courts, Courts of Probate, and in Justices of the Peace. Municipal courts, also, may be authorized.

Sec. 3. The Supreme Court shall have appellate jurisdiction only. Trial by jury is not allowed in any case. The Court shall have a general superintending control over inferior courts, and power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and other original and remedial writs.

Sec. 4. [The Supreme Court shall consist of one Chief Justice, and four Associate Justices, each for the term often years.] As amended in 1877.

Sec. 8. The Circuit Courts shall have original jurisdiction in all matters civil and criminal, not excepted in this Constitution, and not prohibited hereafter by law, and appellate jurisdiction from all inferior courts. They shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and all other writs necessary to carry their orderi? and judgments into effect.

Sec. 'J. Vacancies in the office of Supreme or Circuit Judge shall be filled by the Governor. Election for Judges shall not be at any general election, nor within thirty days before or after said election.

Sec. 10. Judges of the Supreme and Circuit Courts shall receive a salary of not less than one thousand five hundred dollars, and shall hold no other office, except a judicial one, during the term for which they are respectively elected. Each Judge shall be a citizen of the United States, and have attained the age of twenty-five years. He shall also be a qualified elector within the jurisdiction for which he may be chosen.

Sec. 11. The Supreme Court shall hold at least one term annually. A Circuit Court shall be held at least twice in each year, in each county of this State organized for judicial purposes.

Sec. 12. There shall be a Clerk of the Circuit Court chosen in each county, whose term of office shall be two years. The Supreme Court shall appoint its own Clerk.

Sec. 13. Any Judge of the Supreme or Circuit Court maj' be removed from office by vote of two-thirds of all the members elected to both Senate and Assembly.

Sec. 15. Justices of the Peace shall be elected in the several towns, villages and cities of the State, in such manner as the Legislature may direct, whose term of office shall be two years. Their civil and criminal jurisdiction shall be prescribed by law.

Sec. 17. The style of all writs and process shall be " The State of Wisconsin." Criminal jirosecutions shall be carried on in the name and by authority of the State ; and all indictments shall conclude against the peace and dignity of the same.

Sec. 18. A tax shall be imposed by the Legislature on all civil suits, which shall constitute a fund, to be applied toward the payment of the salary of Judges.

Sec. 21. Statute laws and such judicial decisions as are deemed expedient, shall be publishetl. No general law shall be in force until published.

Sec. 22. The Legislature at its first session shall provide for the appointment of three Commissioners to revise the rules of practice in the several Courts of Record in the State.

Sec. 23. The Legislature may confer judicial powers on one or more persons in each organized county of the State. Powers granted to such Commissioners shall not exceed that of a Judge of a Circuit Court at chambers.

Finance

Sec. 2. [No money shall be paid out of the treasury except in pursuance of an appropriation by law. Claims made against the State must be filed within six years after having accrued.] As amended in 1877.

Section 1. The supervision of public instruction siiall be vested in a State Superintendent and such other oHicers as the Legislature shall direct. The annual compensation of the State Superintendent shall not exceed twelve hundred dollars.

Sec. "2. The school fund to support and maintain common schools, academies and normal schools, and to jiurchase apparatus and libraries therefor, shall be created out of (1) the proceeds of lands from the United States; (2) out of forfeitures ami escheats; (3) out of moneys paid as exemptions from military duly; (4) out of fines collected for breach of penal laws; (.")) out of any grant to the State where the purposes of such grant are not specified; (6) out of the proceeds of the sale of five hundred thousand acres of land granted by Congress September 14, 1S41 ; and (7) out of the five per centum of the net proceeds of the public lanils to which the State .<h;ill become entitled <ui her admission into the Union (if Congress shall consent to such appropriation of the two grants last mentioned.)

Sec. 3. District schools shall be established by law which shall be free to all children between the ages of four and twenty years. No sectarian instruction shall be allowed therein.

Sec. 4. Each town and city shall raise for common schools therein by taxation a sum equal to one-half the amount received from the school fund of the- State.

Sec. 5. Provisions shall be made by law for the distribution of the income, of the school fund among the several towns and cities for the support of common schools therein ; but no appropriation shall be made when there is a failure to raise the proper ta.x, or when a school shall not have been maintained at least throe months of the year.

Sec. 6. Provision shall be made by law for the establishment of a State University. The proceeds of all lands granted for the support of a university by the United States shall constitute " the University fund," the interest of which shall be appropriated to tlie support of the State University. No sectarian instruction shall be allowed in such univei'sity.

Sec. 7. The Secretary of State, Treasurer and Attorney General shall constitute a Board of Commissioners to sell school and university lands and for the investments of the proceeds thereof.

Sec. 8. School and university lands shall be appraised and sold according to law. The Commissioners shall execute deeds to purchasers, and shall invest the proceeds of the sales of such lands in such manner as the Legislature shall provide.

Section 1. Corporations without banking powers may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws.

Sec. 3. Cities and incorporated villages shall be organized, and their powers restricted by law so as to prevent abuses. [No county, city, town, village, school district, or other municipal corporation, .«hall become indebted to exceed five per centum on the value of the taxable property therein.] As amended in 1874.

Sec. 5. Tlie (juestion of " bank" or ''no bank " may be submitted to the voters of the State; and if a majority of all the votes cast shall be in favor of banks, the Legislature shall have power to grant bank charters, or pass a general banking law.

Section 1. Amendments to the Constitution may be proposed in either house of the Legislature, and referred to tiie next Legislature and published for three months previous. If agreed to by a majority of all the members elected to each house, then the amendment or amendments shall submit them to the vote of the people; and if the people shall approve and ratify such amendment or amendments, they shall become a part of the Constitution.

Sec. 2. If a convention to revise or change the Constitution shall be deemed necessary by the Legislature, they shall recommend to the electors of the State to vote at the next general election for or against the same. If the vote shall be for the calling of such convention, then the Legislature, at its next session, shall provide for the same.

Miscellaneous Provisions

Section 1. Tlic political year for Wisconsin shall coniniencc on the first Monday in January in each year. General elections shall be lioKlen on the Tuesday succeeding the first Monday in November.

Sec 3. United States officers (except Postmasters), public defaulters, or persons convicted of infamous crimes, shall not be eligible to office in this State.

Sec. 4. A great seal for the State shall be provided, and all official acts of the Governor (except his approbation of tlie laws), sliall be authenticated thercl)y.

Sec. 6. Elective ofiuers of the Legislature, other than the presiding officers, sliall be a Chief Clerk, and a Sergeant-at-Arms, to be elected by each House.

Sec. 7. No county with an area of nine hundred square miles or less, shall be divided, submitting tiie question to the vote of the people of the county.

Sec. 8. [The Legislature is ]irohibiti'd from enacting any special or private laws, for locating or changing any county seat.] See amendment adopted in 1871, as Sec. 31 (Subdivision 5) of Art. IV.

Sec. 10. The Legislature may declare the cases in which any office shall be deemed vacant, and also tlie manner of fdling the vacancy, where no provision is made for that purpose in this Constitution.

Section 1. All rights under the Territorial govermnent are continued under the State government. Territorial processes are valid after tiie State is admitted into tiie Union.

Sec. 2. Existing laws of the Territory of AVisconsin not repugnant to tliis Constitution shall remain in force until they expire by limitation or are altered or repealed.

Sec. 4. Territorial recognizances, bonds and public property shall pass to and be vested in the State. Criminal prosecutions, offenses committed against the laws, and all .actions at law and suits in equity in the Territory of Wisconsin shall be contained in and prosecuted by the State.

Sec. 5. Officers holding under authority of the United States or of the Territory of Wisconsin shall continue in office until superse<led by State authority.

Sec. 6. The first session of the State Legislature shall commence on the first Monday in June next, and shall be held at the village of Madison, which shall be and remain the seat of government until otherwise [irovided by law.

Sec. 7. Existing county and town officers shall hold their offices until the Legislature of the State shall provide for the holding of elections to fill such offices.

Sec. 8. A copy of this Constitution shall be transmitted to the President of the United States to be laid before Congress at its present session.

Sec. 9. This Constitution shall be submitted to the vote of the people for ratification or rejection on the second Monday in March next. If ratified, an election shall be held for Governor, Lieutenant Governor, Treasurer, Attorney General, members of the State Legislature and members of Congress, on the second Monday of May next.

Sec. 11. The several elections provided for in this Article shall be conducted according to the existing laws of the Territory of Wisconsin.

Sec. 13. The common law in force in the Territory of Wisconsin shall continue in force in the State until altered or suspended by the Legislature.

Sec. 14. The Senators first elected in the even-numbered Senate districts, the Governor, Lieutenant Governor and other State officers first elected under this Constitution, shall enter upon their duties on the first Monday of .lune next, and hold their offices for one year from the first Monday of January next. The Senators first elected in the odd-numbered districts and the tiioinbors of tlie Assembly first elected sluill enter vipon tlieir duties on the first Monday of June next, and continue in office until the first Monday in January next.

We, the undersigned, members of the Convention to form a Constitution for the State of Wisconsin, to be submitted to the people thereof for their ratification or rejection, do hereby certify that the foregoing is the Constitution adopted by the Convention.

We, the 2}eople of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, protnote the general ivelfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Article

Section 1. All legislative powers herein granted shall be vested in a Congress, which shall consist of a Senate and House of Representatives.

Sec. 2. The House of Representatives shall be composed of members chosen every second year by the people of the States, and electors shall have (jualifications for electors of the most numerous branch of the State Legislature.

Representatives must be twenty-five years of age, and must have been seven years citizens of the United States, and inhabitants of the State in which they shall be chosen.

Representatives and direct taxes shall be apportioned among the several States according to population, which shall be determined by adding to the whole number of free persons, including apprentices and excluding Indians not taxed, three-fifths of all other persons. The enumeration shall be made within three years after the first meeting of Congress, and every ten years thereafter in such manner as Congress shall by law direct. States shall have one Representative only for each thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made. New Hampshire shall choose three; Ma.ssachusetts, eight; Rhode Island, one; Connecticut, five; New York, six ; New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten; North Carolina, five; South Carolina, five, and Georgia, three.

Sec. 3. The Senate shall be composed of two Senators from each State, chosen by the Legislature thereof for six years; and each Senator shall have one vote.

Senators shall be divided as equally as may be into three classes immediately after asseraiiling, in consc([uence of the first election. Tiie first class shall vacate tiieir seats at the expiration of the second year; the second class, at the expiration of the fourtii year, and the tliird '.lass, at the expiration of the sixth year, so that one-third may be chosen every second year ; and vacancies happening by resignation or otherwise during the recess of the Legislature of any .State may be filled by temporary appointments of the Executive until the next meeting of tiie Legislature.

All Senators shall have attained the age of thirty years, and shall have been nine yeai"s citizens of the United States, and shall be inhabitants of the State for whicii they shall be chosen.

The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when lie shall exercise the office of President,

The Senate shall have the sole power to try impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President is tried, the Chief Justice shall preside, and concurrence of two-thirds of the members present shall be necessary to conviction

Judgment '"^ cases of impeachment shall be limited to removal from office and disqualification to hold any office under tiio L^nited States ; but the party convicted shall be liable to trial and punishment according to law.

Sec. 4. The Legislature of each State shall prescribe the times, places and manner of holding elections for Senators and Representatives, but Congress may make or alter such regulations, except as to the place of choosing Senators.

Sec. 5. Each House shall l)o the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may compel attendance of absent members, under penalties.

Each House shall keep a journal, which shall be published at their discretion, and one-fifth of those present may require the yeas and nays to be entered on the journal.

Neither House shall adjourn for more than three days without the consent of the other, nor to any other place than that in which they arc sitting.

Sec. (J. The compensation of Senators and Representatives shall he fixed by law, and paid out of the Treasury of the United States. They shall be j)rivileged from arrest during attendance at the session of their respective Houses, except for treason, felony and breach of the peace, and shall not be questioned in any other place for any speech or debate in either House.

No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the United States which shall have been created or the emoluments whereof shall have been increased during such time; and no person holding office under the United States shall be a member of either House during his continuance in office.

Every bill passeil by the House of Representatives and the Senate shall, before it becomes a law, be presented to the President ; if he approve, he shall sign it ; but if not, he shall return it, with his objections, to that House in whicli it originated, who shall enter the objections on their journal and proceed to reconsider it. If, after reconsideration, two-thirds shall agree to pass the bill, it shall be sent, with the objections, to the other House, and, if approved by twothirds of that House, it shall become a law. But in all such cases, the yeas and nays shall be taken, and entered upon the journal of each House, respectively. Any bill not returned by the President within ten days (Sundays excepted) after it shall have been presented to him, shall be a law, as if he had signed it, unless Congress, by adjournment, shall prevent its return, in which case it shall not be a law.

Every order, resolution or vote requiring the concurrence of the Senate and House of Representatives (except a question of adjournment), shall be approved by the President before taking effect ; or, being disapproved by him, shall be repassed by a two-thirds vote of each House, as in the case of a bill.

To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States ; but all duties, imposts and excises shall be uniform throughout the United States ;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries ;

To provide for organizing, arming and disciplining the militia, and for governing such parts of them as may be employed in the service of the United States - the several States to appoint the officers and to train the militia according to the discipline prescribed by Congress ;

To exercise exclusive legislation, in all cases, over the seat of Government, and over all forts, magazines, arsenals, dock -yards and other necilful buildings ; and

To make all laws necessary and proper for carrying into execution all powers vested by this Constitution in the Government of the United States, or in any department or officer thereof

Sec. 9. Foreign immigration or the importation of slaves into the States shall not be prohibited by Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed not exceeding ten dollars for each person so imported.

In regulating commerce or revenue, no preference shall be given to the ports of one State over those of another ; nor shall vessels bound to or from one State be obliged to enter, clear or pay duties in another.

No money shall be drawn from the Treasury unless appropriated by law ; and accounts of the receipts and expenditures of all public money shall be published from time to time.

No title of nobility shall be granted by the United States ; and no person holding any office under them shall accept any present, emolument, office or title from any foreign t?tate, without the consent of Congress.

Sec. 10. No State shall enter into any treaty, alliance or confederation ; grant letter.-* of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass bills of attainder, ex post facto laws, or law impairing the obligation of contracts, or grant any title of nobility.

No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except for the execution of its inspection laws; and all such duties shall be for the use of the United States; and all such laws shall be subject to the revision and control of Congress.

No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war unless actually invaded or in imminent and immediate danger.

Section 1. The executive power shall be vested in a President. He shall hold office for four years, and, together with the Vice President chosen for the same term, shall be elected as follows :

Each State shall appoint in the manner directed by the Legislature, a number of electors equal to the whole number of its Senators and Representatives in Congress; but no Senator or Representative or person holding any office under the United States shall be appointed an elector.

Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States.

A natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, only shall be eligible to the office of President; and he must have attained the age of thirty-five years, and been fourteen years a resident within the United States.

If the President be removed from office, die, resign, or become unable to discharge the duties of his office, the same shall devolve upon the Vice President, and Congress may proviile by hiw for the case of removal, death, resignation or inability of both the President and ^'ice President, declaring wiiat officer shall then act as President, and such officer shall act accordingly, until the disability be removed or a President elected.*

The President shall receive a compensation for his services, which shall be neither increased nor diminished during the period for whicli he shall liave been electedf and witliin that period he shall not receive any other emolument from tlie United States or from any of them.

Before entering upon office he shall take the ibllowing oath or affirmation : " 1 do soleir.nly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States."

- By net uf Murili 1, 1792, ronRrcM pruvidrd for this coDliDKoncy, (IniKnatinE the PrMident of the Senate pro (rtiipart. or if there he nouo tha Speakir of the II. mw of Hi|iiei>entalive», to succeed to the chief Kn-oulive office id the event of u Tacancj in the uOlcea of both Preaidrnt and Vice rp-^idetit,

Constitution Of The United States

Sec. 2. The President sliall bo the Commanrler-in-Chief of the army and navy nf the United States, and of the militia of tlie several States, when in actual service of the United States; he may require the written opinion of the principal officers of the several executive departments upon subjects relating to the duties of their respective offices, and shall have power to grant reprieves and pardons for ofi'enses against the United States, e.xcept in cases of impeachment.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur, and shall nominate to the Senate ambassadors, other public ministers and consuls. Judges of the Supreme Court, and all other officers of the United States whose appointment is not otherwise provided for; but Congress may vest the appointment of inferior officers in the President alone, in the courts of law, or in the heads of departments.

The President may fill all vacancies that may ha])pen during the recess of the Senate, by granting commissions which shall ex])ire at the end of their next session.

He shall, from time to time, give Congress information of the state of the Union, and recommend measures to their consideration ; he may, on extraordinary occasions, convene both Houses or either of them, and, in case of disagreement between them as to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

Sec. 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.

Sectiox 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may establish. The Judges, both of the Supreme and inferior Courts, shall hold their offices during good behavior, and shall receive a compensation which shall not be diminished during their continuance in office.

Sec. 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, treaties, cases afl'ecting ambassadors, other public ministers and consuls, all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party; controversies between two or more States ; between a State and citizens of another State; between citizens of difierent States; between citizens of the same State claiming lands under grants of difflsrent States, and between a State or the citizens thereof and foreign States, citizens or subjects.

In all cases affecting Ministers and Consuls, and those in which a State is a party, the Supreme Court shall have original jurisdiction. In all other cases mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, subject to exceptions and regulations made by Congress.

All crimes, except in cases of impeachment, shall be tried by jury, and in the State where the crime was committed ; but Congress shall fix the place of trial for crimes not committed within any State.

Sec. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their 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 on confession in open court.

Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted.

Section 1. Each State shall give full faith aiul credit to the public acts, records and judicial proceedings of every other State, and Congress may prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.

Fugitives from justice in any State found in another State, shall, on demand of the Executive, be delivered up and removed to the State having jurisdiction of the crime.

No person held to service or labor in one State under tiie laws thereof, escaping into another, shall, in consef|uence of any law or regulation therein, be discharged from sucli service or labor, but sliall be delivered up on claim of the part}' to whom such service or labor may be clue.

Sec. 3. New States may be admitted to the Union, but no new State shall be formed within the jurisdiction of any other State; nor by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of Congress.

Congress shall have power to dispose of and to regulate and govern the territory or other property belonging to the United States; and nothing in tJiis Constitution shall be construed to prejudice any claims of the United States, or any particular State.

Every State shall be guaranteed a republican form of government, and shall be protecteil against invasion ; and on an application of the Legislature, or of the executive (when the Legislature cannot be convened), against domestic violence.

Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on application of two-thirds of the Legislatures of the several States, siiall call a convention for proposing amendments, wiiich, in either case, shall be valid to all intents and purposes, as part of this Constitution when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided tliat no amendment which may be made prior to the year one thousand eight Imndred and ei<rht shall in any manner aflcct the first and fourth clauses in the ninth section of the fii-st article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.

This Constitution and the laws of the United States maile in pursuance thereof, and all treaties made under the authority of the United States, shall be the su]>reme law of the land, and the Judges in every State shall be bound thereby ; anything in the Constitution or laws of any State to the contrary notwithstanding.

Senators and Representatives, members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oatii or affirmation, to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

The ratification of the Convention of nine States shall be sufficient for the establishment of this Constitution between tiie States so ratifying the same.

Done in convention by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven humlred and eighty-seven, and of the independence of the United States of America tiie twelfth.

George Washington

Congress shall make no law respecting religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press ; or of the rigiit of the people peaceably to assemble and to petition the Government for a redress of grievances.

A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

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

The right of the people to be secure in their persons and property against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

No person shall be held to answer for any infamous crime unless on an indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger ; nor shall any person be twice put in jeopardy of life or limb for the same offense ; nor shall he be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property without due process of law ; nor shall private property be taken for oublic use without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to speedy and public trial, by an impartial jury of the State and district wherein the crime siiall have been committed, and to be informed of the nature and cause of the accusation ; to be confronteil with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

In suits at common law, when the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.

The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State.

The electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with tliemselves ; fiistinct ballots shall be made for President and Vice President, and distinct lists made of such ballots and of the number of votes for each, which lists they shall sign and certify and transmit sealed to the seat of government, addressed to the President of the Senate ; the President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for President shall be President, if such number be a majority of the whole number of electors appointed ; if no person have such majority, then from those having the highest numbers, not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately by ballot the President. But, in choosing the President, the vote shall be taken by States, each State having one vote; a (juorum for this purpose sliall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. If, whenever the right of choice shall devolve upon them, the Houseof Representatives shall not choose a President before the fourth day of March next following, then the Vice President shall act as President, as in the case of deatli or disability of the President. The person having the greatest number of votes as Vice President shall be the Vice President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person ineligible to the office of President shall be eligible to that of Vice President of the United States.

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 1. All persons born or naturalized in the United States, or subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. Ko State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty or property without

Sec. 2. Representatives shall be apportioned among the States according to population, counting the whole number of persons in each State, including Indians not taxed. But when the right to vote is denied to any of the male inhabitants of a State, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twentyone years of age in such State.

Sec. 3. No person shall hold any ofBce under the United States or under any State, who having previously, as an officer of the United States of any State, taken an oath to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But Congress may, by a vote of twothirds of each House, remove such disability.

Sec. 4. The validity of the public debt of the United States, including pensions and bounties, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave ; but all such debts, obligations and claims shall be lield illegal and void.

Section 1. The right of citizens to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.

Alphabetical List Of Counties And Cities With Gubernatorial And Presidential Votes

yote. - The Repuhlicnn or T>emocratic majority in each county is given as between Smith and Mallory. back majority is only given when the vote for AUis exceeds the others, and is taken from the highest vote.

Among The Rocks

The narration, for which we are indebted to Plato, of part of the experiences of Solon the Athenian law-giver in Egypt, was for many centuries considered fabulous in its relation of the disappearance of the vast Island of Atlantis beneath the ocean. We respect the noble character of the Athenian sat^e too much to suspect him of misrepresentation, but the Egyptian hierarch, with whom we arc less acquainted, might be supposed capable of disseminating travelers' stories, in regard to which, moreover, the priesthood were possibly themselves deceived. Modern thinkers arc inclined to believe that the supposed fable carries with it some elements of truth. It is not easy to follow the almost shadowy story of a lost land with such precision as to establish its identity with this continent, but the position assigned to Atlantis by the Egyptians favors the idea, to which modern investigation is inclined, that our own America must have been known to the ancients way back in remote antiquity, and that its submersion beneath the waves had been recorded in curiously preserved traditions ; but we cannot pretend to determine what era in the upbuilding of this continent may have been indicated by that semi-apocryphal story.

Geology tells us of upheavals from the depths of the sea, to which we are able to trace an island now known to science as the Island of Wisconsin, which appeared at about the same time with several other islands, comprising parts of the Appallachian Ranges, and of New York, as well as probably other parts of the land now being covered with a population of millions, governed ami to be governi^d by the United States of America.

The cooling and contraction of the globe is credited with having diminished its diameter by about 180 miles, and a diminution so great might easily account for the fatal depression of Atlantis ; but that shrinkage occurred at a time when human life was not possible. The popular reader will not so readily perceive how the inevitable continuance of the same process would account at a later date for the resurrection of the land which we now inhabit. The chief geologist of Wisconsin, Mr. T. C. Chamberlin, tells with a simple eloquence, which science advanced as his cannot always command, the story of the rocks upon which the greatness of this nation is securely builde'l ; and, in trying to embody the main facts of the earth's revelation in this history, we shall endeavor to follow in the footsteps of the eminent Professor, though with the modesty and diffidence of a learner, venturing to deal with presentations which have tasked the powers of masters whose dictum is accepted by the world of learning.

The first cooling, whoso catastrophe may have been attended by the submergence of Atlantis, if we may imagine a race of Salamanders rejoicing in extremes of temperature, was a comparatively general reduction of warmth and bulk, in which the earth's surface was sufficiently ductile or elastic to participate without fracture ; but later, when the superficial coating of our molten globe had become more rigid, nature was constrained to work by other methods ; the granite rocks, incapable of contraction, otherwise, in such a degree as would meet the changing conditions of the body which they enfolded, and subjected to pressures, compared with which, the vastest applications of mechanic force by human agency, sink into insignificance, bent under the ocean until the outer shell toucheil the shrunken kernel ; and then the semi-rigid envelope, heated in every particle by the compression, changed and wrinkled its mighty form, projecting its peaks above the surface of the ocean as a series of granitic islands, whose shores sloped more or less declivitously toward the deptiis of the sea. There are folds in the strata, observable today, which indicate the long-continued application of a power capable of creasing and bending adamant just as irresistibly as the luind of man may crumple paper.

Could we suppose an Alexander Si'lkirk possible on our inhospitable Island of Wisconsin, he would look abroail upon a limitless but comparatively shallow sea. in which, possibly, was yet no sign of life, vegetal or animal, and his island home would necessarily present to him a bleak and desolate rock, without siirub, grass, soil or insect, if we may assume that the uplifted crystalline mass had not commenced its process of disintegration.

The phenomena of building anew the Western Hemisphere can be studied in Wisconsin as advantageously as on any part of this continent, and the writing on the wall of rock is so clear and precise that the wayfarer, even though a fool, maj' not err if he will patiently unravel the legend which the globe offers for our acceptance. Strong winds, dashing waves, evaporation and precipitation, with some chemical conditions of the atmosphere that helped to disintegrate the exposed surface of rock more rapidly than would be possible now, acting upon stone similarly compacted, gave back to the ocean a vast ag<zrega'e of detritus worn from peak and precipice by those unceasinsr forces, to form the vast denosit of sandstone now known as the I'otsJam, which ranges according to the convolutions of the sub-oceanic surface upon which it lodged, in thickness from a few feet to more than one thousand feet. The superimposed layers have each their own revelation to make clear; some of them in fossils which the liuman eye can readdy decipher; others in t"orms so minute that the microscope is needed to unlock its mysterious message from a world possibly pre-.\damite.

Suppose the State cut tiirough to the level of Lake Michigan, east from the Mississippi River in Grant County, we fincl the forinntions which prevail throughout Wisconsin, anil lar beyond its borders, always attesting the regularity with which D;nne Nature prosecutes her designs. The Lower Magnesian limestone gives us the first record of life found in this region, hitherto, after the disintegrated gneiss or granite had in some degree solidified beneath the waters as sandstone, and the tliickness of that stratum is remarkably even throughout our imagined cutting ; the limestone following the form of the underlying rock, and having suffered bui litth. from abrasion, protected as it must have been by its coverlet and base of supplies, the .sea. Elsewhere this formation is much less regular in depth, as it follows the contour line preceding its deposit, and lies irregularly. Grant River has cut down into this bed of limestone at about 350 feet above the level of Lake Michigan, but the banks of the Father of Waters reveal the same formation at an elevation of about 200 feet. Oursupposititinus section runs cast and west through the county of Grant about seven miles north of Lancaster, crossing the head- waters of Platte River.

Next above the Lower Magnesian limestone, we find St. Peters sandstone, so called from one of its best exposures, which has evidently suffered from abrasion in many parts of its surface, and is found cropping out on the Mississippi banks as well as on the sides of Grant River, though still far below the Platte. Trenton limc'^tone. moderately rich in fossils, attests an era in which life had risen to more various formations, benutiful as though some cunning and skilled artist, with an unbounded wealth of resf)urce, had fashioned and imbedded theui to minister in after ages to the aisthetic sense in man. The head-waters of the Platte cut through and into this formation, which reaches an elevation little more than oOO feet on the Mississippi at our imagined line, but is found at an altitude of nearly 500 feet on Grant River, our base line being always the level of Lake Michigan. Galena limestone follows next in order, and the name is significant at once as to its place of first identification, and as to the valued mineral with which it was charged. The stratum has been abradctl in many localities until it fails even to put in an ap- ' pearance ; as for instance, at our imagineil line bisecting the bank of the Mississippi, but east ?f that point the stratum asserts itself, cut through with greater or less pertinacity by streams that have long since found a grander channel. That deposit caps the ranges in the vicinity of Grant River, and furtlicr east along the head-waters of the Platte, rising east of that point to an elevation of about 700 feet on the eastern boundary line of the county.

The fact that this region did not suffer from glacial denudation and was not enriched by morainic drift, gives to our line of bisection special value in ascertaining readily the surface contour of the land before that era of refrigeration, allowing always for erosion by the atmosphere and rains and rivers. For that reason, we will follow another imagined bisection of tiie county due north and south, near the eastern boundary. North of the center of the line, the Potsdam sandstone rises above the level of Michigan Lake, and gradually ascends to an elevation of about four hundred feet, not far from the northern limit of the county, descending thence by denudation to about three hundred feet at the boundary. Although this sandstone is not rich in fossils, it would be folly to assume that life was not plentiful on this planet while this vast stratum was being deposited ; the more sensible conclusion is that the stratum was not well adapted to the preservation of the forms of life which passed into its keeping. The Laurentian rocks, upper and lower, which constituted the first Island of Wisconsin, were sedimentary, and their formation must have preceded the sandstone mentioned by a term which human investigation has never yet defined; j'et the Laurentian rocks hold within their embrace many evidences which are satisfactory to men of scientific attainments, that vitality of a low order preceded their deposition, and some fossils have been found in America and in Europe, which, it is claimed, set that question forever at rest. Some careful investigators doubt the organic character of the alleged fossils, and we are not prepared to decide, where doctors disagree ; but, inasmuch as our supposed section of Grant County does not reveal the systems of rocks named from their great developments in the valley of the St. Lawrence, we will proceed with our brief disquisition on the strata actually found in that region, which. we endeavor to describe. Wisconsin River has cut its course through the Potsdam sandstone, and numerous streams of less dimensions have left their marks in unmistakable characters, hewn out of the same body, which is entirely denuded of all such overlying strata as may elsewhere be found. The same order of succession as has been noted in the line east and west - Lower Magnesian limestone, St. Peters sandstone, Trenton limestone and Galena limestone in the same relative position - is still observable, but superimposed upon these we find preserved in the Platte Mounds, at an elevation not less than seven hundred feet above the level of Lake Michigan, the formation known as Cincinnati or Hudson River shale, capped by a remnant of Niagara limestone. Blue River has its course bottomed on St. Peters sandstone, while Trenton and Galena limestones form the superincumbent layers, and this regularity in the movements of natural forces enables the student to iipply himself, with much economy of resource, to unfold the wealth of mineral possessions, which, in our own time and in the near future, will become the heritage of the human family.

From the writings and tracings of Prof. Chamberlin, we are permitted to supplement our scanty delineation of the State, as represented in the geological features of this region, by adding a general though brief description of the State as a whole, and of the upheaval and formations that have contributed the material bases of our national wealth.