Page:The Constitution of West Virginia ratified in 1872.pdf/13

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ratified October 14, 1884. Vote on the amendment: For ratification, 66,181; Against ratification, 25,422; Majority, 40,759. This section, prior to its amendment, provided that the general election should be held on “the second Tuesday of October,” and the change was made in order that the election of state officers would fall on the same day as the presidential election. As a consequential amendment the term of office of members of the Legislature was made to begin on the first day of December instead of the first day of November, as in the original section.]

Further Provisions Regarding

State's Officers and Agents

8. The Legislature, in cases not provided for in this Constitution, shall prescribe, by general laws, the terms of office, powers, duties and compensation of all public officers and agents, and the manner in which they shall be elected, appointed and removed.

Impeachment of Officials

9. Any officer of the State may be impeached for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor. The House of Delegates shall have the sole power of impeachment. The Senate shall have the sole power to try impeachments and no person shall be convicted without the concurrence of two thirds of the members elected thereto. When sitting as a court of impeachment, the President of the Supreme Court of Appeals, or, if from any cause it be improper for him to act, then any other judge of that court, to be designated by it, shall preside; and the Senators shall be on oath or affirmation, to do justice according to law and evidence. Judgment in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit, under the State; but the party convicted shall be liable to indictment, trial, judgment, and punishment according to law. The Senate may sit during the recess of the Legislature for the trial of impeachments.

Fighting of Duels Prohibited

10. Any citizen of this State, who shall, after the adoption of this Constitution, either in or out of the State, fight a duel with deadly weapons, or send or accept a challenge so to do, or who shall act as a second or knowingly aid or assist in such duel, shall, ever thereafter, be incapable of holding any office of honor, trust or profit in this State.