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genets ot doctrine! (hall ever ho taught In the publlo schools, not shall any books,
japersjracts or documents ot a political, sectarian or denominational character be
ilsod or Introduced In any school established under the provisions of this Article.
VU publlo sohool exercises In thlsState shall be conducted In tlio English language,
hd all teachers employed In tho educational Institutions under Ihe control of "the
retain shall ho rlttzena nf thn ITn1tt.fi States.
Sec. I. The general supervision of the common schools ot the State shall bo Tested
rrrrlJoard of Education, consisting dt the aoTcrnor, the.' uperlhteWdenCbt Public
, Instruction, and the State Treasurer, the powers and duties ot which shall bo pro
scribed by law, and who shall servo as stich'Board without compensation.
; "8km 5: nA Superintendent of Public Instruction shall be elected, whose term of of
'flee, powers, duties and compensation shall be prescribed by law.
, , , ," ARTICLE IX.
l i-1j COMMON SCHOOL rUNDS AM) LANDS. '
SecTlCN'l) 'All 'proceeds of ihd public lands.ihal have theretofore beeu, or may be
oereattcr cranted.bT tho United State for the support ot tho s jhool avstemiu thlsState,
fsll such porconlnra as'iuay bo printed by tho Vnlted Spates, on the sale ot public
lands; the proceeds of prbperty that shall fall to the State by escheat;, the proceeds
DI any gilts and donations to tho State fortlio common schools, not otherwise, ap
propriated by the terms of the gift; all moneys which shall bo paid by persons as
1 equivalent for exemption from military duty) together, with such othqr means as th
Legislature may provideby tax Or otherwise',' shall bo Inviolably appropriated to the
support ot the common schools. Provided, that tho proceeds ot all lands that have
heretofore, or may hereafter be appropriated or granted for the maintenance of the
, University of Arizona, shall be Inviolably applied to the specific use of the original
grant. Proyldqd, that.the proceeds of all lands that have been herqtofore, or may
bereaftebe appropriated ,or granted lor the maintenance of Territorial Normal
Schools, shall be Inviolably applied, to the specific use of the original grant.
Sec."2. The Legislature shall provide for the d!spoal of the lands heretofore
granted or which may hereafter bo granted Iq the State for educations purposes, by
Jksao and sale, the proceeds of which shall constitute a permanent and luvlolnto fund
the Interest of which, only, shall be used, aud Jorlhe equitable distribution of such
Interest within, tho.counlles of the, Stale, In proportion to the child. en of school age
thereo'f, Said' proceeds, wltfi any unexpended Interest, or rental, shall be Invested, in
bofrrds'bf'the United States, bonds ot the Btate of Arizona, bonds ot school corpora
tions, or sit first mortgage on farm lands within tho State, not exceeding In amount
one-third the actual Talue ot any sub-division on which the same may bo loaned
Sxc.,3. Thocustodlaq's of aid, funds shal( bo the same as provided by law for Bute
aud'ouciy funds, and any losses shsll'bo made good by the State, principal and In
Sko. -I The Stato Board ot Education shall cause all tho lands to be appraised bj
s.vom appraisers, part ot whom at least shall be residents ot the county wherein th
litids to be appraised aro situate, aud after all such lands shall have been appraitod
said Board shall designate for sale such lauds as they may think most advantageoui
for the publlo Interest to bo sold, and classify the same by the uses to which tbr)
may he applied. But not more than one-fourth ot the lands belonging to any one of
the said classes shalfbe sold during any period of Ave years, commencing with tin
date on which this Constitution goes Into odect.
c.5. The Legislature shall prescribe by law the limit to the quantity of land
which may bo leased or sold to any one Individual, company or Corporation, and nc
laws shall ever be passed granting to any person, corporation or asoclatlon, am
privile,ro, oy reason of occupation or cultivation of any school lands, by said person
corporation or association, subsequent to tho survey thereof, of the general govern
ment. No claim for the occupation, or cultivation of any school lands shall ever U
recognized, nor' shall such occupation, or cultivation ot any school lands ever be
used to diminish, either directly or Indirectly, the sale or . ental value of said lands
But the said board shall cause to be appraised the pe.mancnt improvements madt
on any school lands, and the value of the land separately. When such land Is sold
the purchaser thereof in addition to tho value ot the land paid to the State, shall pa;
to theowner of such permanent Improvements tho amount ol their appraised value
The owner ot such permanent Improvements shall havo the option to becomo tbt
purchaser of said lands at the highest offered price and on such terms as the Legisla
ture may by general law provide.
Sec. C. No land shall be leased tor a period longer than ten years, nor shall an;
land be sold for less than the appraised value, and in ho case for less than 110 00 pel
acre unless otherwise provided In the Enabling Act admitting Arizona as a State
nor shall any land be sold or leased in any other manner than at publlo auction, anc
in accordance with such rules and regulations as may be prescribed by law.
. ARTICLE X.
i- i SVTFBAOE.
Section t. Every male citizen of the United States of the age of twenty-one yean
and upwards (except Idiots, lunatics, soldiers, seamen, ot mariners In ttie army oi
navy of the United 8iates, Indians not taxed, and persons convicted of any infawout
or capital crlmej, who has resided in the State or Territory one year and in thi
county wherein such residence is located ninety days next preceding any election
shall be entitled to vote at such election, provided that In school elections then
shall be no denial of the elective franchise on account of sex.
Sec. 2. Nothing herein shall be construed to deprive any 'person of the right t
vote who has such right at the time ot the adoption ot this ConstltutL n.
Sec. 3. The Legislature shall be empowered to make turther extensions ofsul
frago hereafter, at its discretion, to all citizens of mature and sound mind, not con
vlctod of any capital or Infamous crime, without regard to sex. But no law extend
lng orrestrlcllng the right of suffrage shall be enforced until adopted .by a majorltj
of the electors of the State voting at a general election.
Sec, V. The mode and manner ot holding elections and making returns thereol
shall beTai they now are, or may hereafter be prescribed by law.
BEAT Or GOVERNMENT.
The teatol governmentshall be, and remain permanent, at the city ot Phoenix, li
the county of Maricopa, until otherwise ordered by a two-thirds ) vote of the Leg
lilature, and a majority vols ol the people, legally authorized to vote at any genera
lection. Whenever the question of removal shall have been submitted to the peo
ple as herein provided, it shall not again bo submitted until after tho term of ten
(10) yean, and in the manner herein prescribed.
Section 1. The mlllda of the State shall consist of all able bodied male citizens of
the State, between the ages of 13 and 43 years, except such as are exempted by the
laws of the United States or the State. But all citizens having scruples of conscience
iverse to tearing arms, shall be excused therefrom upon such conditions as shall be
prescribed by law.
8xc2. The Legislature may provide by law, for the enrollment, equipment and
llsclpllne of the militia, to conform as nearly as practicable to the regulations lor
tho government of the armies of the United States.
Sxc 3. All'mllltia officers shall be commissioned by the Ooverner, the manner ol
their selection to be provided by law , and may hold their commissions for such pe
riod of time as the Legislature may provide.
Sec i. -No military organization under the laws of the 8tte shall carry any banner
r Sag representing any sect or society or the flag of any nationality but that of the
"" ""' ARTICLE XIII.
NAME AND BOUNDARY.
Section 1. The name of this State shall be "Arizona."
Sec. 2. The boundaries ot this State are. and shall remain as follows: Beginning
a the southwest cirner of the State dt Colorado, the same being the northwest cor
ner of the Territory of New Mexico, as established by Act of Congress February 21th,
16C3; thence west with the thirty-seventh parallel of north latitude, to Its, lntersec
i tlonwlth the east boundary line of the State of Nevada; thence south with that
5 boundary line to Its intersection with the centorot the Colorado river thence foi-
lowing down the center ot said river to a point on the boundary line established by
treaty between the United Slates and the Republic of Mexico, dated December 30th,
1853; thence easterly, following said treaty line to its Intersection with 109 degrees
I minutes S9 seconds 2 MOO ot longitude west ot Greenwich: thence north with that
Iiegree to the place of beginning.
Sxc8. There shall be a seal of the State which shall be kept by the Secretary of
jlate, and shall be called the "Qreat Seal of the State ot Arizona," and the seal of the
rerrltory of Arizona shall be the seal of the State until otherwise provided by law.
COXTACI WITH THE UNITED STATU.
;' jEcnoN U 'The Stato of Arizona Is an Inseparable part of the Federal Union, and
- '.he Constitution ot the United States is the supreme law ot the land.
k Sec. 2. The legal debts and liabilities ot the Territory shall be assumed and paid
iy this Stato.
Bec."3 The people inhabiting this State do agree and declare that they forever
ltsclaim all right and title to the unpproprlated publlo lands lying within the boun
larles thereof, and to all lands lying within said limits owned or held by any Indian
jr Indian tribes, and thatUDtll the title thereto shall have been extinguished by the
United States, the same shall be and remain subject to the disposition ot the United
Itates, and said Indian lands shall remain under the absolute Jurisd'ctlon and con
trol of the Congress of the United States', that the lands or other property belonging
to citizens of the United Btatos residing wtlbont this State, shall never be taxed at i
higher rate than the landaorother property belonging to residents thereof; that n 1
,( tax shall be imposed by the 8tate on lands or property therein, belonging to or
which may hereafter be purchased by the United States or reserved for Its use. Bui
l nothing herein shall preclude the State ftom taxing as other lands are taxed anj
lands owned or held by any Indian who has severed his tribal relations, and hiU ob
. i talned from the United States or from any person or source, a title thereto by paten
-or other grant, save and except such lands as have been or may be granted to anj
, 'Indian or Indians tinder any act of Congress containing a provision exempting th
lands, thus granted, from taxation; but all such lands shall be exempt from taxatloi
by this Bute so long and to such extent as such let of Congress may prescribe.
Section J, The several counties in the Territory of Arizona as they shall exist ai
the time of the admission of said Territory as a State, are hereby declared to bo tbt
t counties of the State of Arizona.
-. Sec. 2. The Legislature shall provide by goneral law for organizing new counties
' (locating the county seats thereof temporarily, and changing county lines; but nc
ijkinew county shall be formed that does not contain at least one thousand squan
Tffmlles, and shall leave the county or counties from which It la formed to contain no',
''i'ess than one thousand square miles each, and that shall also contain within th(
I Hmfta"bl (aid new county property of the value of one million dollars as shown bj
' the last preceding tax returns; and not then unless the old county or counties Iron
I which it it formed shall each be left to contain at least one and one halt million dol
' iisrt ot taxable property as shown by aild last tax returns. And no new county shal
tj& organized nor shall any old county be so reduced as to contain a population o
.less than fifteen hundred actual and bona fide inhabitants.
'.Sec 8. Every new county shall assume and be holden for Its pro rata of the in
ilehtedneii of the county or oouutlei from which it may be formed.
, etc i. The Legislature shall establish, subject to this article, a system of count;
oreroments which shall be. uniform throughout the State; and by general lawi
all provide for township and precinct organization and government.
SEC.& -The Legislature shall provide by general aud uniform laws for the election
uUnulally, In each ot the several counties ot this Bute, ol a Board of Supervisors, i
JJherinVwho shall be ex-offlclo Tax Assessor until otherwise provided by law.
J?A County Treasurer who shall be ex.offlclo Tax Collector until otherwise provided
Hi by law.
ftfJA Probate Judge who shall be ex-offlclo County Superintendent of publlo schools
YjA County Cletk who ba!l be Clerk ,of (he District Court, and County Becordei
untllotherwlso provided by law;. And a Plstrlct Attorney, . - .
The Legislature shall provide for the strict accountability oi county, mwnsnip
fclnat andmualclppfflcsrs.forallmonsy and feet whioh zoay be ooltocwd trj
i uV tests VasWital fWsjt arj tfrsjsjf iBftsst
Sec. 8. The Sheriff. Clcrkfand i-x-offlclo Recorder maylbe empowered br thi
County Hoard of Supervisors to appoint such deputies and clerical' assistance as tht
business ot their otllcs may require; and said deputies and clerical assistance shal
receive such compensation as may be fixed by the Hoard of Supervisors.
ec.7. 'The officers provided for herein shall receive such compensation for theli
annual services as may be provided by law,
Sec 6. The Legislature shall provide by general law, tor such, regulation ot count)
government and the election aud compensation ot such county officers as. may be
come necessary ,
SictiOn 1 Edricatloriaf, reformatory and penal institutions, and those for the
benefit of tho Insane, blind, deaf uud dunvn, and such other public Institutions as
he public good may reqnlnl, may be Mtt'bll6h6d, and shall bo maintained and con
trolled by the State, In' such manner, arid under such regulations, as may bo pro
tcrlbed by law.
Skc.2. All property and Institutions of the Territory of Arizona shall, upon the
idoptton of this coustltutljn, becomo the property aud Institutions of the Statu ol
Section 1, ,-AU existing charteni or grants ol special or exclusive privileges under
which the corporators or grantees shall not have organized and commenced bust
iers in good (ultli at the time "I the adoption of this constitution shall thereafter have i
30 validity except such corporations or grantees whose, time toorganlzo under their
jharlor or grant bet nut expired at the time of the adoption of this Coustltutlotu
Sec. 2 No charter of Incorporation shall bo granted, extended, changed or
intended by special laws; but the Legislature shall preyorlbe by general law for the
rgaulzatlou of all corporations, private, publlo and municipal hereafter to be ere
Sxc. 3. The Legislature In addlvton to tho powers granted in this Constitution,
ihall provide by law tbo method whereby the court may revoke or annul any charter
it Incorporation oxlstlng and revc kable at the time this Constitution goes luto effect,
r that may thereafter be created, whenever It may 1 Injurious to the citizens ot
thcState, aud In snCh manner tha". no Injustice bd dono to the corporators or cred
itors. Sec 4 Any association or corporation organized for the purpose, shall have the
Ight to coustruct and oocrato railroads, telegraph lines, or canals for carryltig vratcr,
oelneenauy deU'iiated points within this State.
Sec S. Alllndlvlduals.assorlatlolis.orrorporatlonsshall be given equal rights ol
ransportutlou by common curriers, nnd no undue or unreasonable discrimination
(ball be made In charges or facilities of said transponatlon by such common carrier.
Sec a The right of eminent domain Shall never bo abridged, or construed so as to
proxmt the Legislature from tailing the property and franchise of Incorporation,
ind subjecting them to pub'le use the same as the property of the Individual citizen.
Sac 7. All fictitious Increase of capital stock or Indebtednessof corporations shall
Sec S. Any corporation existing under the laws of the Territory prior to the
idoptton of this Constitution may by resolution of Its directors, authenticated by
the signatures of Its officers, and seal, eleci (o come under and enjoy tho conditions
md advantages of this unloleljy tiling said resolution In the office of the Secretary
Sec. 9. Any provident, director, manager, cashier or other officer of any banking
institution wliO shall receive or assent to theVeeeptlon of deposits Of money after he
shall have knowledge f the fact that sucljLbanklng Institution1 Is Insolvent, shall be
individually responsible for snon dpposltSi'recelved and shall bo punished crim
inally. 1 '
Sec. 10. All corporations shall always be subject to the power of the State.
,, i a " k r .,-- .- ., , 1 , , , ,. ..,.. - , . , .. , ..,.,. .,- m
. ... ... 1
WATER and WATEK rights.
Section 1. All natural streams and lakes within the boundaries otthls State, cap
4ble ot being used lor the purposes of navigation or irrigation, are hereby declared
to be the property of the State.
Sxc. 2. The common law doctrine ot riparian water rights shall never be applied
In this Stale, nor shall the right f) use water heretofore lawfully appropriated tc
beneficial uses ever be dei.led.
Sec. 3. The right ot the people to appropriate and use tbo unappropriated nrateri
of this btate, for beuenrlal pu:potet, shall never be denied, priority of appropilatloc
shall ghe the lietter right always.
Sac. I. The right ol Individuals or corporations to construct reservolts and lm
pound aud apiroprlute tbetutplusand flood voters in this Mate, for rale, rental,
domestic, stock, or any tcneficlal purpose, shall never be denlid. The first lecatoi
of a reservoir right shall have priority. A failure tu construct reservoirs nnd canali
within a reasonable time after location, and a failure touso reasonable diligence to
maintain the same o as to supply water, shall bo held to work a forfeiture of suet
Sec. 6. "very approprlator of water shall use the same reasonably and cconom
Sec C The mode and manner of acquiring and excrclslngall of said rights shal)
bo subject to Legislative control
sac. 7, Tbo Legislature shall have power to authorze the organization of district)
and the creation of a debt for the constructlou or purchasing of dams, canals and
ditches and other appllaui es equlred to supply watrr to Uud in said districts; but
such debt, prim ipal and Interest, shall subject only tho lands benefitted or reclaim
ed to taxation to pay the tamo.
Sec 8. The Legislature shall pass laws requiring the owner or owners of ever;
ditch or canal from which water Is rented orsold toother parties, to use reasonable
diligence in keeping such ditch or canal In such good condition and repair as to sup
ply the water required.
The Legislature shall enact laws to prevent the destruction of and to presetTe the
forests on the lands of the State, and upon any part of the public domain, the iontrol
of which may be conferred by Congress upon this State.
Eight hours shall constitute a day's labor on all State workq.
' " ARTICLE XXI.
Section 1. Any amendment or amendments to this Constitution may be proposed
In either branch of the legislature, and if same shall be agreed to by a majority ol
the members of each of the two houses, voting separately, such proposed amendment
or amendments shall, with the yeas and nays thereon, be entered on their JDurnali
and It shall be the duty of the Legislature to submit such amendment or amend
menta to the electors of the State at the next general election, and cause the same
to be published without delay for at least six consecutive week prior tosaldelec
tlon, In not less than one newspaper of general circulation published in eac.n coun
ty; and If a majority ot the electors shall ratify the same, such amendment oi
amendments shall become a part of this Constltntlon.
Sec 2 If two or more amendments are proposed, they shall be submitted In suet
manner that the ele tors shall vote tor or against each of them separately.
Sec. 3. Whenever a majority of the members elected to each bianchof thu Legis
tature shall deem It necessary to call a convention to amend or revise this Constlto
tlon, they shall suoinlt the proposition to the next succeeding Legislature and its
majority elected to each branch of that Legislature shall concur therein, they shal
recommond to the electors to vote at the next general election for or agalnsl a Con
vpntlon, and It a majority of all the electors voting at said election shall have voted
for a Conventlon.the legislature shall at the next session provide by law for call lng thi
tame; and such Convention shall consist ol a nuvber of members not less than
iouble the number nf the most numerous branch of the Legislature.
Sec 4. Any constitution adopted by such convention shall have no validity until
It has been submitted to and adopted by the people.
Section l. That no Inconvenience may arise from a change of the Territorial
lovernmont to a permanent State government. It Is declared that all writs, .ctlons,
proserutlons.clalms, liabilities and obligations aealnst the Territory of Arizona, ot
whatever nature, and rights ol Individuals, and of bodies corporate, shall continue
as If no change had taken place in this government.
in 1 all process vhlch may, beforo the organization nf the Judiciary Department
under this Constitution! bo issued under the authority of the Territory of Arizona,
shall be as valid as If Issued In tho name of the State.
Sec 2. All property, real and per-onal, and all moneys, credits, claims and chores
Inaction belonging to the Territory of Arizona at the time of tho adoption of this
Constitution, shall be vested In -d Become the property of the State of Arlzcna.
Sec 3. All laws now In force in the Territory of Arizona, which are not repugnant
to this Constitution shall remain In forco until they explieby their own limitation,
or shall be altered or repealed by the Legislature.
Bec-i. All fines penalties, forfeitures and escheats, accruing to the Territory of
Arizona, shsll accrue to the use of tho State.
Bxc.5. All recognizances, bonds, obligations or othor undertakings heretofore
taken, orwhlch may be-talienbefnretheorranlzatlon of the Judicial department,
under this Constitution, shall remain valid, and shall pass over to and may bepros'
s. r w m ' ,
;the t'halrman of the Board of Supervisors of each county, calling an election by the
people mr an state, district and other ofllp. re, created and made elective bythli
Constitution, and fixing a day for such election, which shall not bo less than fortj
days oftcr the dato of such proclamation, nor more than rilnety days after the admis
slon of tho Territory as a Stato
Sec. 10. The Boards of Supervisors of the several counties shall thereupon ordel
such election for said day, and shall cause notliia thereof to be given In the mannei
and for the length of time provided by the laws of tho Territory In cases of general
elections for delegates to Congress and county and other offices. Every qualified
elector of the Territory who shall havo been registered at the date of cald election
shall be entitled to vote thereat. Said election shall bo conducted In oil respects In
tho saw e manner as provided by the laws of the Territory for general elections, and
the returns thereof rhall be made to the Canvassing Board hereinafter provided for
Skc 11 The Governor, Secretary of the Territory and President of this Convention
or a msjorlty of them, shall constitute a Board of Canvassers to canvass tho vote
of such election for members of Congress, Judges of tho Supremo Court, all Stat!
and district officers and members of the Legislature. Tho said boatd shall assemble
at he seat of government of the Territory on the thirtieth (30) day after the day ol
such election (or on the followlbg day If such day fall on Suuday) and proceed tc
canvass the votes for all State and district officers, Judges of the Supreme Court and
members ol the Legislature, In the manner provided by tho laws of the Territory foi
canvassing the vote lor dcleg-te to Congress, and they shall Issue certificates ol
election to the persons found lobe elected to said offices, severally, and shall maki
and file with the Secretary of the Territory an ub-tract cer-lficate by them, of thi
number of votes cast for each person for each of said offices and of tbo total numbei
of votes cast in each county
Beo. 12. Al ofllrers elected at such electlou, except meraVers of the Legislature
shall, within thirty days after they have leen declared elected, take the oath re
quired by law. and give the same lond required by the law of the Territory to b
given In case of llkr officers of the Terrltoiy or district, and shall thereupon ontei
upon the duties of their respective offices, except as therwUe provided In this Con
Btltutlon. but the Lcglslaturu may require bylaw all suchofficers to give other oi
further bonds as a condition of their continuance In office.
Sec 13. The Governor elect of the State Immediately upon his quallljlns anden
terlng upo the duties of his office shall Issue his proclamation convening the Leg
lsluture of tho Slate at the seal ot government, on a day to be named In said procla
matlou, and which shall not bo leas than thirty nor more than sixty days after tht
dato ot said proclamation Wltbli. ten days after the organization ot the Legislature
both houses ol thi Legislature shall thenand there proceed to elect as provided bj
law, twu Senators ot te Untti-d States, for thu Stale ot Arizona. Alsald electloi
the two persons who slit 1 receive the majority of all votes cast by said Senators and
Representatives shall be olected as such United States bcnalors, and shall be so de
clared by the presiding oncers of both houses.
The presiding officers ot the Senate and House shall Issue a certificate to each ol
said Senat.rs certifying his eloctlon, which certificates shall also bo signed by tbi
Governor and attested by the secretary of State
Sec II The Legislature shall pass all necessary lat to carry Into effect the pro
rlslons of this Constitution
8ko. 15 Whenever any two of the Judges of the Supreme Court of tho Stale,
ilected under the provisions of this Constitution, shall have .qualified In thetr of
Sees, the causes then pendiiiit In the Supreme Court ot the Territory on appeal or
srilt of error from the I'lstrlctC urlof any county or subdivision wlthlu the limits
)f this State, and the papers, leoords and proceedings ot said court, shall pass Into
.ho jurisdiction and possession of the t-upremo Court of tbe State, except as other
vise provided in the Enabling Act of Congress, and uulll so suspended, the Supreme
Court of tne Territory, and the Judges thereof, shall continue with llko power and
lurlsdlctlnn, as If this Constitution had not been adop ed.
Whenever the Judgoof the District Court of auv district, elected under the provls
.ons of this Constitution, shall have quablled In his office, the several causes then
jeudlnn lu tbe District Court of the Territory within any county in such dlst' let,
ind the records, impel and proceedings of said District Court and the seal and
ither property pertaining thereto, shall pass: Into the Jurisdiction and possession of
e District Court of ihe Stato for such county, except as provided In tbe enabling
ict ot Congress: until so suspended the District Court and the judges thereof shall
sontlnue with the sumo Jurisdiction and power to be exercised in the same Judicial
Hstrlcts respectively as heretofore constituted under tbe laws of the Territory.
Sec 15. The flrt regular election that would otherwise occur following the first
ie'slon of the first Legislature, shall be omitted, and all county and precinct officers
lleated at the flri election held under this Constitution, shall hold their offices lor
.he full term thereof, commencing at the expiration of the term of the county and
precinct officers then In office, or the date ( their qualification.
Sec 17. If the first session of the Legislature under this Constitution shall be
loncluded within twelve months ol the time designated fora regular se. Ion thereof,
.heu 111' next regular session following said special session shall be omitted.
Sei.13. Members of the Legislature and all 8tate officers, District and Supreme
fudges elected at tho first election held under hls Constitution, shall hold their re
ipcetivc offices for the full arm next ensuing such election In .ddillon to the period
jitertenlng between thedato of their qualifications and the commencement of said
Sec. 19. All county and precinct oDlccrs who may be lu office at the adoption of
Jits Constitution shall hold their respective offices for the full term for which they
nay have been elected and until such time as their su cessors may be elected and
lual'tied as may le provided by law, and the official bonds of all such officers shall
iontlnue In full force and cfleet as though the Constitution had not tieen adopted.
Sec 20. In behalf of the people of Arlwna, we, in convention assembled, hav
(rained this Constitution, and hereby submit the same to tbe qualified electors of
Done in open Cnnvcnllou, at tbe City of l'hitnlx, in the Territory of Arizona,
.his 2d day ot October, A. D. 1(91.
W. A. ROWE, President,
II N. ALEXANDER,
J W. ANDERSON,
BEN M. CRAWFORD.
OEOROE W. CHEYNEY,
FOSTER S. DENNIS,
W. A. HARTT,
FRANK II HKKEFORD.
T II. JORDAN.
THOMAS O. NORRI8,
A. M. PATTERSON,
MARCUS A. SMITH
MARSHALL II. WILLIAMS,
J. F. WILSON,
Attest. ALLEN C. BERNARD, Secretary.
Fei low Citizens or Arizona .Your Delegates in Convention assembled to trams
a Constitution for the State of Arizona, havo completed tho work, which Is here
with submitted for your careful investigation.
They commend to your favorable consideration the Constitution accompanylni
this address, as the fruits of the untiring labor and united efforts of your chosen rep
resenlatlves, whose Interests are identical with your own. The end sought was to
frame a Constltntlon that would secure a Just and economical administration In all
of the Departments of State An examination of the Instrument submitted cannot
fail to show the distinguishing features between a government organized under it
and those not only seen but painfully felt by every tax-payer under our present sys
Under Territorial government, limitation ot legislative, action Is almost a strangci.
and for a long time; was not known at al; and official conduct but little vatched by
the eye a nd authority ot the law Hence leakage In tho treasury, and extravagance
In public expenditure, are matters ot but little surprise They must be recognized as
tbe fruits of had government. Unguarded official action Is to be seen all along the
line of our Territorial travel, and extravagant legislation has naturally followed.
Hence to-day, while we are preparing for a new order of things under an economic
and well guarded constitutional form of government, we are brought face to face
wlthanemptv treasury and a large outstanding Territorial debt of nearly one mil
Hon dollars, while the debts ot the several coun ilea, aggregate nearly three times
that sum. A Just and economic administration ot affairs did not produce this. II
should be ended, and hereafter avoided It can only be done by the mo-t cautlouf
guards, and the Impartial reader cinnot fall to find such, embodied In this Constttu
Your Delegates have sought to profit by the wisdom and experience ol other States
and have therefore by careful selection established a Legislative. Executive and Jnd!
clal system, which challenges comparison with the wisest and most economic. The
number of officers has been reduced to ihe lowest practical limit, and salaries fixed
at small ecnomlo sums The different departments have been shaped after the sys
tern most familiar to our people that nothing may be hazarded by experiment.
The Judicial Department Is so arranged as Jo Insure speedy litigation and avoid
SCHOOLS AND SCHOOL LANDS.
That all children of school age In the Ptalo may receive gratuitously, Instruction
l:i the common school branches, a fr- e common school system is forever guaranteed
Its lunds are preserved Intact and Ihe system dlvorc"d from all church and creed
end its management and control by sectarianism forever prohlbl'ed. Careful pro
visions are made to preserve the school lands and for their Judicious appraisement
ec"ted in the name ot the State, and all bonds, obligations or other undertakings I gradual rale and for the highest price. Meantime the pioneer and early settler who
executed to this Territory, or by any officer In his official capacity, snail pass over
to the proper 8tateautholty and their successors In office, for the uses therein re
spectively expressed, and may be sued for and recovered accordingly. All criminal
proseoutlons and penal actions which havo arisen or which may arise before the or
ganization of the Judicial department under thts Constitution, and which shall then
be pending my bepro-ecuted to Judgment and execution in the name of tbe Mate.
Sic 6, All officers, dvll and military, holding their offices and appointments In
this Territory, under authority ol the United State, or under the authority of this
Territory, shall continue to hold and exorcise their respective offices and i.ppolnt
ments until the State government becomes operative under this Constitution.
Sec. 7. This Constitution shall be submitted for adoption or rejection to a vote of
the qualified electorsot this Territory, atan election to be held on the first Tuesday
In Decemoer, A. D 1811. Said election, as nearly as may be, shall bo ordered and
sondncted In all respects In the same manner as provided by the laws nt tho Ter
ritory, except that persons entitled to vote for or ngalnst tho adoption of this Consti
tution, shall be as follows to wit: All male persons over twenty -one year of age,
excluding Indians not taxd, who shall not have been convletedof any cspltal or
Infamous crime, and who shall be cltlrcnsnt the United States, and who shsll have
Actually resided In the Territory for sixty days, and in the county for te" di.ys next
preceding the election. No registration of electors shall ho required for the purpose
of voting at the election herein provided tor. The Governor of the Territory shall
make proclamation oi the time of the submission of this Constitution to the electors
of the Territory at least thirty (B0) days before the time fixed for submission, and he
hall caniw said proclamation to he published In at least one newspaper published In
each county of the Territory At thn said election the ballots shall be in tho foil w
Ingfonni "For the Constitution, 'Ye'"No.'" Any person mav have printed, or
written on his ballot only tho words "For the Constitution" or "Against the Consti
tution" and such ballots shall bo counted for or against tho Constitution acco rdlngly.
has braved the danger of frontier life, and settled upon and Improved these lands
Is not unprotected He has the preference to purchase thn land so Improved at tho
highest prl"e offered for It And In the event he may not be able to pay thehtahest
price so offered, teappralrersof tho land are required to appraise tbe improve
ments separate Irom the land, and the purchaser must pay him for his Improve
ments before taking possession.
The legislation of old States has been found unequal to tbe task ot protecting the
people from the growing grasplnv, monopolizing tendencies ot railroads and other
corporations It ha been thought wis therefore to place positive restrictions on
thepowersnf legislation in these matters. To this end provisions have been made
for tbe destruction ot all wild cut schemes, and tho wiping out of all dormant and
sham corp 'rations claiming special and exo'uslve privileges. All power is taken
from the legislature to create corporations, or to extend or enlarge their power by
special law; or to give them rights or privileges irrevocable. Powor Is given to the
Legislature to revoke or annul Ihe charters of corporations that may prnvelnjurlous,
snd the Legislature Is required to erect wholesome laws empowering the courts to
do tho same thing during legislative lnterum.
A well gnarded system of county government is provided tor. The Legislature Is
prohibited from changing county lines and forming new counties unless the same
can be done upon a basis of property area and population, that will insure easy
maintenance nf such new county government without strain, and at the same time
without crippling the county or counties from which It may be formed. The county
officers and offices aro provided for In a kindred 'way to the avstora the people are
All votes cast at such election, for or against Bald Constitution, shall bo oounted and t scqualnled with, but that the running machinery of county government may be
returned to the Secretary of the Territory In the same manner as votes for delegates
to Congress, and he shall canvass and make known the result within forty dayi
after said election, and the Governor Is required to declare tho result of the vote cast
and returned, on tbo adoption or rejection of the nonftltutlonrby proclamation,
when the same is certified to him by the Secretary of the Territory,
Sxc. 8. This Constitution shall take effeot and be in full torce immediately upon
the admlssii n of the Territory as a State,
Sxr. 8. Immediately upon the admission of the Territory as a State, the Govemoi
of ih TWrlinrv. or. In rnso nf his absence or failure to act. the Secretary of the Ter
ntory.or.lncaieofhts absence or tailure to aot, the President of this convention, aieotion, except juaiansnoiwua,iaiois,mne. cisnupt.-iuj iMimcisamwimcii
hsdAlsratv4wsWawkMibjsslU pVMlilw tail it vtr ! k)nUl W to to i&tiMvibk&toto & AtStttU srtinrtd Vtl
rendered less expensive the offices have been so blended as to require the official
work necesiary to the exercise of county government to be done with the fewest
official hands practical to Its execution. These officers are all made elective everv
two years, and are thereby made directly responsible to tho people whom they
ELECTION AND BUTTRAOE,
The right of suflraeo Is conferred upon every male citizen of the United States over
twenty-one years of age, and who has resided in Arlrona ffirnne year previous to an
sexes. Female suffrage was strongly urged upon the convention by petitions from
a few quarters, and by earnest personal advocates, who were always given an at
tentive hearing; Vu t after mature deliberation tbe convention thought it unwise to
put n Oman's suflrage in the Constitution. However, tbe right of the people tobo
heard upon this topic, has been recognized, and the Legislature coming directly
from the people every two years, Is fully authorized to submit this question to the
people whenever and r s often as may be desired.
'irrigation. ' f " '
It Is surely safe to my that a just and equitable system of Irrigation, suited to
this arid region, has been devised All natural streams and lakes ot water capable
of being used for liriratlon are declared to be the property of tbe State, and It is
provided that the comm on law dor trine of riparian w aler rights is not Jo apply, and
that the right to use water heretofore lawfully appropriated to bcneflelal uresis
never to bo denied.
The right of tbe people to appioprlatc and use tbe upproprlated waters lor bene
dclal purposes Is guaranteed, prior appioprlation giving tbe better right.
That capital may not be shut out of the State and Its progress retarded, an Invita
tion lias been extended, guaranteeing to all individuals or corporations the right to
construct reseivolra and Impound and appropriate tbe surplus end flood waters
within the State tor sale, rental, domestic, stock or an beneficial purpose.
However, the mode and manner of acquiring and exercising all of said rights is tc
be subject to legislative control. ,, ,.-
REYES DZ AND TAXATION. '
Ills through the channel of revenue and taxation the public debts are paid, thai
the necessary sums for running the government are raised, and It Is through It thai -tbe
pockets of the people re directly reached. Tnls is one of the most important
roads lu government to guard. That government which does not guard this road
by proper, wise limitations and restrictions, naturally grows careless and becomes
wasteful and extravagant, and Is therefore not a good one. The government tbal
does, l-ulways economical and Just In allot tbo affairs of State, and is never found "
with a depleted treasury, or Imposing heavy burdens upon lis people.
A Constitution for Just such a government as thlswe taiesoueht to prepare and
submit to you; and if we In the deepest miasuro of our honest endeavors aud
thougnts, are not deceived, we have succeeded In doing it To begin with, the State
and county governments are prohibited from going into debt for greater sums thai,
their cirrent tax will pay, which virtually puts them on a cash basis, and shuts "-
down the flood gates of the issuance of bonds, warrants and other evidences of In
debtedness, which have heretofore Under our present regime ao strtlned oor Terrt
torlal and county credit. The public credit, the one thing which has beretofen w
settled upon other Slates, and turn. t many of them into financial ruin, and som
Into repudiation, cannot bo loaned at legislative will.
Foi the current expenses of Btate and county governments, a limitation of taxa
tlon is fixed not to exceed 3 mills for State and 2 per cent, fonounty purposes, whlcl
with tbe present indebtedness out of the way, would place us far below what wi
The present outstanding indebtedness has not been overlooked. This we must
pay some time, and In some way, under whatever form of government we maybe
If so, it must be dono by an easy, gradual means, or by a heavy strain to be met anc
endured some time in tbe future. Tbat it must be met by the one or tbe other li
Inevitable. This being so 1' would be contrary to common sense not to be able ti
see the wisest and easiest plan. In order, therefore, to meet the principal of out -outstanding
debts as they fall due, we have declan d tbat a sinking fund shall t .
created, and for this purpose a Btate tax of only 1 mill shall be levied annually tilt tbt -same
shall be extinguished, and J mill for county purposes. To be sure this is n
light levy, and will not injuriously effect any one; but close calculation shows It t
be sufficient to meet the outstandings when they become due. Thus it la that w
havd sought to fake time by tbe forelock and require a gradual aud easy tux tons
continuously flowing Into Ihp sinking fund small enough so that no one will bs
strained by raying It, and jet large enough to foot the bill when presented. This is
not Its only advantate. It Is destined to give Ustlug and unexcelled credit to ou
young State, and to Us counties; because it will be a declaration to ibe world by s
Irave, hardy and debt-paying people, so made that legislative hands caunot changt
It. tbat whomsoever we owe we Intend to pay, and bave provided means in a con
stltullonal way for so doing.
Fellow citizens, the Conttllntlcn we submit to you, challenges your Investigation
Take it and turn It as )nu will, ana you roust uecesrerll) find tbat, if the last Hmli
of taxation ai'owed by It lor State and county purposes, for paying interest on thi
public debt, and for the sinking lund, be levied, t ken altogether, upon our present
valuation, sating nothing of Increase (which must follow statehood rapidly), wlh
noteost the laxpa)r quite one and one-half dollars on the lb 00 worth of laxablt
pioperty be owi s. Now this Is true, and when we consider tbe different e of tutebooc
under such aConstltutlon, aud Territorial government as we know it to be, and tbal
under such a constitutional governu ent tbe people are supreme and choose all ol
heir public servants without exception, and when we further consider, that under
tuch a government, we shal have equal re. mentation In the councils of the nation
lth other Stale-, there certain) cannot be a single Independent American citizen
in all tbe land who thus considers, and makes himself conversant with the two ;y
ems of government, the Independence ot tbe one and the dependence of tbe other,
vbo will for a moment hesitate to cast his vote for the Constitution and statehood.
But this is not all. If we adopt this Constitution, and thereby obtain admission, ue
Bring into the lap oi tbe Stato millions ot wealth, which we cannot possibly obtain
while we are a Territory. Tbe enabling acts admitting W ashlngton, Wyoming,
Idaho .ind the two Dakntas, plainly demonstiate this. We call your attention to a
few of the advantages In promise for our new State:
First The 16th and 36th sections of all the lands ot tbe Territory, which are now
aeld in trust for us by the general government, will ripen into title and go into,
stale control. This land amounts to about ,Cr27.3'0 acres.
By tbe conduct ot the general government toward all other new States admitted,,
she promises us as a State on our admission the following 2L
Lands for public buildings, SO sections. .. .. 32,000
Lands for State University .. .. .. . lo.ooo
Lands for Mate Asylum, prison and other buildings 50,000 ""
Lands for Agricultural College , ..90,000
Lands for School of Mines . : 40.000
Lands for Deaf and Dumbaiylurq 40,000
Lands for State Normal school 60,000
Lands for such general purposes as the Legislature shall declare 190,000
This will aggregate about 4950 acres of land which we acquire by admission,,
ind none of which can we get before. Not only this, but the generr.1 government
rill direct the United States Land Office Receivers all over the State to pay Into the
state treasury for Btate purposes S per cent, of the proceeds of all sales of the public
lands sold In the State. Such has been the liberal policy of our general government
dnce Colorado's admission and such is in promise for us. Shall we accept It?
Our constitution is liberal in all of its provisions, and challenges the admiration
end support of the whole people,.whether they bo Democrat or KcpMlcan, .no mat
ter whether they I biased by party feellngornot, ; wv
We therefore urge and admonish you most earnestly, each and ever one of you, TB- '
the name of American free government and State sovereignty to peacefully but res-. .,
olutely go tothepolls on the 1st' of December next and give us for our new Btate
this organic law, for tu it we have every promise of a future of peace and ot pros
perits. Signed) W. A. ROWE, Chairman..
J. F. WILSON,
M. II. WILLIAMS,
U. N. ALEXANWEK,.
W. U. BARNES,
FRANK HEREFORD, ,
.,. , , GEORGE W. CHEYNEY ,
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