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tenett or doctrinet shall ever be taught in the publlo schools, cor shall any books,
papers, tracts or document! of a political, tectarian or denominational character be
used or Introduced In any ichool established under the precisions o( this Article.
11 publlo school exercises In thlsState shall be conducted lu the English language,
and all teachers employed In the educational Institutions under the control of the
State shall be citizens o( the United States.
81c. 4. The general supervision ot the common schools o( the 8tate shall be rested
In a Hoard of Education, consisting of the Governor, the Superintendent ot Public
Instruction, and tho State Treasurer, the powers and duties of which shall bo pre
scribed by law, and who shall serve as such Board without compensation.
Sic. S. A Superintendent ot Public Instruction shall be elected, whose term of of
dee, powers, duties' and compensation shall be prescribed by law.
COMMON SCHOOL 1UND3 AND LANDS.
Suction 1. AU proecedsof the public lands that have thereto toro been, or may be
bercattergrantcd,by the United States for tho supportotthosihoolsystem In thlsStato;
all such per centum as may bo granted by the United States on the sale ot public
lands, tho proceeds of property that shall fall to the State by eschot; the proceeds
of any gilts and donations to the Stato for the common schools, not otherwise ap
propriated by the terms of tho gift; all monoys which shall bo paid by persons as
equivalent for exemption from military duty; together with such other means asth
Legislature may provide, by tax or otherwise, shall be Inviolably appropriated to the
support of the common schools. Provided, that the proceeds of all lauds that have
berotofore, or may hereafter bo appropriated or grouted for tho maintenance of the
University of Arizona, shall be Inviolably applied to the sr eclflc uto of the original
grant. Provided, that the proceeds of all lauds that have been heretofore, or may
hereafter be appropriated or granted for the maintenance of Territorial Normal
Schools, shall bo Inviolably applied to tho specific use of the original grant.
Sic. 2. Tbe Legislature shall provide tor the disposal of the lands berotofore
granted or wbloh may hereafter be granted to the Btato for educational purposes, by
lease and sale, the proceeds of which shall constitute a permanent and inviolate fund
the interest oiwblch.only, shall be used, and for the equitable distribution of such
Interest within tho counties of the State, In proportion to the chlldien of school age
thereof, Said proceeds, with any unexpended Interest, or rental, shall be Invested, in
bonds of the United States, bonds of tbe State of Arliona. bonds of school corpora
tions, or in first mortgage on farm lands within tho State, not exieeding In amount
one third the actual value ot any sub-dlvtslon on which the same may bo loaned
9kg. 3, Thepustodlans ot said funds shall bo the samo as provided by law torStatt
and county funds, and any losses shall be made good by the State, principal and In
Site. 4 The State Board of Education shall cause all the lands to bo appraised bj
k.ioru appraisers, part of whom at least shall bo residents of the county wherein tht
lands) to bo appraised are situate, and after all such lands shall have been appraised
said Board shall deslgnato for sale such lands as they may think most advamageoui
for the publlo interest to be sold, and classify tho same by the uses to which the)
may no applied But not more than one-fourth ot the laudB belonging to any one ol
the said classes shall bo 6old during any period of five years, commencing with tlu
date on which this Constitution goes into effect.
sic. 5. The Legislature shall prescribe by law tho 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 association, am
privilege, Dy reason of occupation or cultivation of any school lands, by said pen-on
corporation or association, subsequent to tho survey thereof, ot tho general govern
mcnL No claim for tho occupation, or cultivation ot any school lands shall ever t
recognized, nor shall such occupation, or cultivation of any school lands ever b
used to diminish, either directly or Indirectly, the sale or jeutal value of said lauds
But the said board shall causo to bo appraised the pe.ioanent improvements madi
on any school lauds, and the value of the land separately. ben such land Is sole
the purchaser thereof In addition to the value ol the land paid to the State, shall pa;
to the owner of such permaneut improvements the amouut of their appraised value
The owner of such permanent Improvements shall have the option to U-cuine tht
purchaser of said lands at tbe highest offered price and on such terms as the Leglsla
ture may by general law provide
Sic. C Mo land shall be leased for a perloa longer than ten years, nor shall am
land be sold for less than the appraised value, aud In no case for less than J10 00 pei
acre unless otherw se provided In the Enabling Act admitting Arizona as a State
nor shall any land be sold or leased lnauy otbermannerthanat public auction, and
In accordance with such rules and regulations as may be prescribed by law.
Section 1. Every male citizen of tbe United States ot the age of twenty one yean
and upwards (except idiots, lunatics, soldiers, seamen, or mariners in tbe army oi
navy of the United States, Indians not taxed, and persons convicted of any lnfatnoui
or capital crime;, who has resided in the State or Territory one year and In tht
county wherein such residence la 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 ti
vote who has such right at the time of the adoption of this Constltnti u
Sic. 3 The Legislature shall be empowered to male further extensions ofsul
f rage hereafter, at its discretion, to all citizens of mature and sound mind , not con
vlcted of any capital or Infamous crime, without regard to sex But no law extend
lng or restricting the right of suffrage shall be enforced until adopted by a majorltj
of the electors of the State voting at a general election.
Sic. 4. Tbe mode and manner of holding elections and making returns thcreot
shall be as they now are, or may hereafter be prescribed by law.
SEAT Or OOVERSMENT.
The seat of goTernmentshall be, and remain pi rmanent, at tbe city of Phcenlx, li
the county of Maricopa, until otherwise ordered by a two-thirds (H vote of tbe Ley
Islature, and a majority vote ot the people, legally authorized to vote at any genera
lection. Whenever the question of removal shall have been submitted to tbe peo
ple as herein provided, It shall not again be submitted until after the term of ten
(10) years, and in tbe manner herein prescribed
Siction 1. Tbe mllltta ot the State shall consist of all able bodied male citizens of
.he State, between the ages of 18 and 15 years, except such as are exempted by the
laws ol the United States orthe State. But all citizens having scruples of conscience
sverse to bearing arms, shall be excused therefrom upon such conditions as shall be
prescribed by law
Sxc. 2. The Legislature may provide by law, for the enrollment, equipment and
llsclpllne of the militia, to conform as nearly as practicable to the regulations for
the government of the armies of the United States
Sic. 3. All mllltla officers shall be commissioned by tbe Goveruer, the manner of
their selection to be provided by law , and may hold their commissions for such pe
riod of time M the Legislature may provide
Szc. 4. No military organization under the laws of the State shall carry any banner
n flag representing any sect or society or the flag of any nationality but that of the
MAKE AND BOUNDARY,
Siction 1. The name of this State shall be "Arizona."
Sic. 2. The boundaries ot this State are. and shall remain as follows Beginning
tt the southwest corner of the State ot Colorado, the same being He north" est cor
ner ot the Territory of New Mexico, as established by Apt of Congress February 2llh,
1803, thence west with tva thirty-seventh parallel of north latitude, to lu Intersec
tion with the east boundary line ot the Slate of Nevada; thence south with that
boundary line to Its Intersection with the center of the Colorado river thence fol
lowing down the center ot said river to a point on tbe boundary line established by
treaty between the United States and the Republic of Mexico, dated December 30th,
1853; thence easterly, following said treaty line to Its Intersection with 109 degrees
1 minutes 59 seconds 25-100 of longitude west of Greenwich; thence north with that
legree to the place of beginning
Sec, 3. There shall be a seal of tbe State which shall be kept by the Secretary of
itate, and shall be called the "Great Seal ot the Htate of Arizona," and the seal of the
Territory of Arizona shall be the seal ot the State until otherwise provided by law.
COMPACT WITH THE UNITED STATES.
Siction 1. The Stato of Arizona Is an Inseparable part of tbe Federal Union, and
die Constitution of the United States Is tbe supreme law of the land.
Sxc. 2. The legal debts and liabilities of the Territory shall be assumed and paid
iy this State.
Sec. 3 The people Inhabiting this State do agree and declare that they forever
LLsclalm all right and title to the unppropriated public lands lying within the boun
daries thereof, and to all lands lying within said limits owned or held by any Indian
r Indian tribes, and that until the title thereto shall have been extinguished by the
United States, the same shall be and remain subject to the disposition ot tho United
States, and said Indian lands shall remain under the absolute Jurlsd'ctlon and con
trol of the Congress of the United States; that -the lands or other property belonging
to citizens of the United States residing without this State, shall never be taxed at i
higher rate than the landsoro'.her property belonging to residents thereof; thatnt
tax shall be Imposed by the State on lands or property therein, belonging to oi
which may hereafter be purchased by the United States or reserved for Its use. Bui
nothing herein shall preclude the State fiom taxing as other lands are taxed an)
lands owned or held by any Indian who has severed his tribal relations, and has ob
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 an)
Indian or Indians under any act ot Congress containing a provision exempting the
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 1. The several counties In the Territory ot Arizona as they shall exist c
the time of the admission of said Territory as a State, are hereby declared to be tht
counties of tbe State oi Arizona.
Szc. t, Tbe Legislature shall provide by general law tor organizing new counties
locating the county seais thereof temporarily, and changing county lines; but nt
new county shall be formed that does not contain at least one thousand squan
miles, sud shall leave tbe county or counties from which It Is formed to contain no
less than one thousand square miles each, and that shall also contain within tht
limits of said new county property of the value of one million dollars as shown b;
the last preceding tax returns: and not then unless the old county or counties Iron,
which It Is formed shall each be left to contain at least one and one half million dol
lars of taxable property as shown by said last tax returns.. And no new county shal
be organized nor shall any old county be so reduced as to contain a population o'
less than fifteen hundred actual and bona fide Inhabitants.
Sic. S. Every new county shall assume and be ,holden for Us pro rata of the in
debtedness ot the county or counties from which it may be formed.
Sic. 4. The Legislature shall establish, subjeot to this article, a system of count;
governments which shall be uniform throughout the State; and by general lawi
shall provide for township and precinct organization and government.
Sec. 6. The Legislature shall provide by general and uniform laws for the election
biennially, in each of the several counties of this Bute, ot a Board of Supervisors, I
Sheriff who shall be ex-offlclo Tax Assessor until otherwise provided by law.
A County Treasurer who shall be ex-offlolo Tax Collector until otherwise provided
A Probate Judge who (ball be ex-offlclo County Superintendent of publlo schools
A County Clerk who shall be Clerk of the District Court, and County Becordei
until otherwise provided by law, and a District Attorney.
Tha Legislature thall Drorlde for the Uriel accountability of county, township
ittclai. ndrittnieltl oors, otll,pMf,wid.j wkjofc bm b oollMWd 1
"SecO.- The Sheriff, Clerk nncWox-offlcto Recorder may be empowered bythi
County Board ol Supervisors to appoint such deputies and clericalyaislstance as the
business ot their offices may'requlre; and said deputies and clerical assistance shall
recelje such compensation as may.be fixed by the Board of Supervisors.
Sec. 7. The officers provided for herein shall receive such compensation for theb
annual servlies as may be provided by law.
Sec. 8. The Legislature shall provide by general law, for such regulation of count;
government and the election and compensation of such coauty officers as may be
Section 1. Educational, reformatory and penal Instltntbni, and those for the
benefit of the Insane, blind, deaf and dumn, and such other public Institutions as
die public good may require, may be established, and shall bo maintained and con
.rolled by the Bute, lu such manner, and under such regulations, as may be pre
tcritied by law.
Sec. 2. All property and Institutions of the Territory of Arizona shall, upon the
idoptlouotthlatoustltutljii, become the property and Imtltutlonsof the State of
Section 1, All existing charters or grants of special or exclusive privileges under
jvhlcli the corporators or grantees shall not have organized and commenced busi
ness In good laltli at the tlmoof the adoption of tlilsconstltutlou shall thereafter have
ao validity except such corporations or grantees whose time to organizo under their
charter orgraut lies not expired at tho time of the adoption of this Constitution.
Sec J No charter of Incorporation shall be granted, extended, changed or
iinendcd byspeciallavvs, but the Legislature shall prescribe by general law for the
irganlzatlon of all corporations, private, public and municipal hereafter to be ere
Sec 3 The legislature In addition to the powers granted in this Constitution,
(hall provide by law the method whereby the court may revc ke or annul any charter
)r Incorporation existing and rcvokable at the tlmo this Com tltutlou goes liiloeflect,
)r that may therealtcr I created, whuiever It may bo lnlurlous to the citizens of
the State, and In such mauner that uo Injustice be done to the corporators or cred
itors Sec. 1. Any association or corporation organized for the purpose, shall havo the
lght to construct and operate railroads, telegraph lines, or canals for curr) lng water,
between any designated points within thlsState.
Seu &. All Individuals, associations, or corporations shall bo given equal rights of
reimportation by common carriers, and no undue or unreasonable discrimination
hall be uiado in charge or facilities of sulci transportation by such common carrier.
bKi.G. '1 lie right of eminent domain shall never bo abridged, or construed so as to
prevent the Legislature from taking the property and franchise ot Incorporations
tud subjecting them to public uso tbe samo as the property of the Individual title!!.
Sic 7 All fictitious Increase of capital stock or lndebtednessof corporations shall
Sic 8. Any corporation existing under tho laws of the Territory prior to the
idopllouof this Constitution may by resolution of Its directors, authenticated by
the signatures of Its officers, and seal, elect to eome under and enjoy the tondltlous
ind advantages ot this urtlclo by fillug suld resolution In the otllce of the Secretary
Sec. 9. Any president, director, manager, cashier or other officer of any banking
institution who shall receive or assent lu tbe reception of de posits of money utter he
thall have know ledgo of the fact that such banking Institution Is Insolvent, shall be
individually responsible for suou deposits so received and shall be punished trim
mall). Sic. 10 All corporations shall ahvujs be subject to the power of the State.
WATER AND ATIB R.01IT8.
Section 1. All natural strtams and lakes within the boundaries of this State, cap
sule of being used for the purposes of navigation or Irrigation, are hereby declared
to bo the property of the Stato.
Sec J. The common law doctrine of riparian water rights shall never be applied
In thlsState, nor shall the right t use water heretofore lawfully appropriated tc
beneficial uses over lie de i led.
Sic. 3 The right ot the people to appropriate and uso the unap iropriated wateri
of this State, for beuefli lal purposes, shall never be denied priority of appropriation
shall give the tetter right always.
Sic 4. Tbe right of Individuals or corporations to construct reservoirs and lm
pound und appropriate' tbe surplus and flood ut tcrs In tliii State, for sale, rental
domestic, stock, or any beneficial purpose, shall never be denltd The first bcatoi
of a rest rvolr right shall have priority. A failure to construct reservoirs and canalt
within a reasonable time after location, and a failure tou'o reasonable diligence tc
raaintalu tho tame so at to supply water, si all beheld to work a forfeiture of suet
Sec S. "very approprlator of water shall use the same reasonably and econom
Sic C Tbe mode and manner of acquiring and exerclslntallof said rights shall
lie subject to Legislative control.
Sic 7 The Legislature shall have power to autliorze the organization of districts
and the creation of a debt for tho construction or purchasing of dams, canals and
ditches and other appllaut es 'equtred to supply walpr to land in said districts, but
such debt, prim Ipul and Interest, shall subject only the lands benefitted or reclaim
ed to taxation to pay the same
Sec. 8. The Legislature shall pass laws requiring the owner or owners of ever;
ditch or canal from which water Is rented or sold toother parties, to use reasonable
diligence lu keeping such ditch or canal In such good condl Jon and repair as to sup
ply the water required
The Legislature shall enact laws to prevent the destruction of and to preserve tht
forests on the lands of the State, and upon any part of tbe public domain, thecontro
of which may be conferred by Congress upon this Stato.
Eight hours shall constitute a day's labor on all State works
Section 1 Any amendment or amendments to this Constitution may be proposed
In either branch of the Legislature, and If same shall be agrted 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 Journali
and It thall be the duty of the Legislature to submit such amendment or amend
raents to the electors of tho State at the next general election, and cause the saint
to be published without delay tor at least six consecutive weeks prior to said elee
tlon, In not less than one newspaper of general circulation published In each conn
ty, and If a majority of the electors shall ratify the same, such amendment oi
amendments shall become a part of this Constitution
Sic. 2 If two or more amendments are proposed, they shall be submitted In sucl
manner that the ele-tors shull vote for or against each of them separately
Sec 3. W henever a majority of the members elected to each branch of the Legts
lature shall deem It necessary to call a convention to amend or revle this Constltu
tlon. they shall suomlt the proposition to the next succeeding Legislature and If i
majority elected to each branch of that Legislature shall concur therein, they shal
recommend to th elet tors to vote at the next genoral election for or against a Con
ventlon, and If a majority of all the electors voting at said election shall have vntec
for a Convention, the Legislature shall at the next session provide by law for calling tbt
tame, and such Convention shall consist ot a nuvber ot members not less than
double tbe number of the most numerous branch of the Legislature.
Sic. L Any constitution adopted by such convention shull have no validity until
It has been submitted to and adopted by tho people.
Section 1. That no Inconvenience may arise from a change of the Territorial
lovernment to a permanent State government. It Is declared that all writs, actions,
prosccutlons.clalms, liabilities and obligations against the Territory of Arizona, of
whatever nature, and rights ol Individuals, and of bodies corporate, shall continue
s If no change had taken place In this government.
vn 1 all process vhlch may, before tho organization of the Judiciary Department
under this Constitution, be Issued under tho authority of the Territory of Arizona,
thall be as valid as If Issued In the name of the State.
Sec 2. AU property, real and personal, and all moneys, credits, claims and choes
In action belonging to tho Territory of Arizona at the time of the adoption of this
Constitution, shall be vested In and become the property of tho Stale of Arizona
Sec 3. All laws now In force in the Territory of Arizona, which are not repugnant
to this Constitution shall remain in force until they explteby their own limitation,
or shall be altered or repealed by the Legislature.
Sec 4. All fines penalties, forfeitures and escheats, accruing to the Territory of
Arizona, shall accrue to the use of the State
Skc.5, All recognizances, bonds, obligations or other undertakings heretofore
taken, or which may be taken before the organisation of the Judicial department,
under this Constitution shall remain valid, and shall pass over to and may be pros
ecuted In the named the State, and all bonds, obligations or other undertakings
executed to this Territory, or by any officer In his official capacity, shall pass over
to the proper Stato autho Ity and their successors In office, for the uses therein re
ipectlvely expressed, and may be sued for and recovered accordingly. All criminal
prosecutions and penal actions which have arisen or which may arise before the or
ganization of the Judicial department under this Constitution, and which shall then
be pending my be prosecuted to Judgment and execution In the name of the State.
Sec. 6. All officers, civil and military, holding their offices and appointments In
this Territory, u nder authority of the United States, or under the authority of this
Territory, shall continue to hold and exercise their respective offices and appoint
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 eleotorsntthK Territory, atan election to bo held on the first Tuesday
In Decemoer, . 1) 1811 Said election, as nearly as may be, shall be ordered and
conducted In all respects In the same manner as provided by the laws of the Ter
ritory, except that persons entitled to vote for or against the adoption of this Consti
tution, shall be as follows to wit; All male persons over twenty-one years of age,
excluding Indians nt taxd, who shall not have been convicted of any capital or
Infamous crime, and who shall be cltlrens nt the United States, and who shall have
sctually resided In the Territory for sixty days, and In the county for te- days next
preceding the election No registration of electors shall be required for the purpose
of voting at the election herein provided for. The Governor of the Territory shall
make proclamation of the time of the submission of this Constitution to the electors
of the Territory at least thirty (SO) days before the time flx6d for subralsston, and he
hall cause said proclamation to be published In at least ono newspaper published In
each county of the Territory. At the said elertlon the ballots shall be In the foil w
Ingform; 'iFor the Constitution, 'Yes"No.'" Any person may have printed or
written on his ballot only the words "For the Constitution" or "Against the Consti
tution" and such ballots shall be counted for or against the Constitution accordingly.
All votes cast at BUch election, for nr against said Constitution shall be counted and J
returned to the Secretary ot the Territory In the same manner as votes for delegates
to Congress, and he shull canvass and make .known the result within forty dayi I
after said election, and the Governor is required to declare the result of the vote cast
and returned, on the adoption or rejection ot the Constitution, by proclamation,
when the same Is certified to him by the Secretary of the Tsrrltory.
Sec 8. This Constitution shall take effect and be in full force Immediately upon
the ndmlaslcn ot the Territory as a State,
Sic. 9. Immediately upon the admission of the Terrltorr at a State, the Governoi
of the Territory, or, In rate of diU absence or failure to act the Secretary of the Ter
rltary, or, ill oau of his abseno or allure to aot, the President ol inli conT;tla I
the Chairman of the Board of Supervisors of each county, calllngan election by the
peoplo for all Stale, district and other bfflc.rs, created aud inado clcctlvo'bythli
Constitution, and fixing a day for such election, which shall nobo less than forty
days after the"date of such proclamation, nor more than ninety days after tbo admls
ston of tho Territory as a State
Sec. 10. The Boards of Supervisors of the set eral counties shall thereupon ordei
such election for said day, and shall cause notlto thereof to bo given In the mannej
and for the length of time provided by tho laws of the Territory in cases of general
elections for delegates to Congress and county and other offices. Every qualified
elector of the Territory who shall have been registered at the date of said election
shall bo entitled to voto thereat. Said election shall be conducted In all respects In
tho parr e manner as provided by the laws of the Territory for general elections, and
the returns thereof shall lie made to the Canvassing Board hereinafter provided for
Sec 11 The Governor, Secretory of the Territory and President of this Convention
or a majority of them, shall constitute a Board of Canvassers to canvass the vote
of such election for members of Congress. Judges of tbe Supreme Court, all State
and district officers and members of the Legislature The said boaid shall assemble
at the seat of government of the Territory on the thirtieth (30) day after the day ol
such election (or on tho followlhg day if such day fall on Sunday) and proceed tc
cauvass the votes for all Stato and district officers, Judges of the Supreme Court and
members of the Legislature, In th manner provided by tbe laws of the Territory foi
canvassing the vote for delegate to Congress, and they shall Issue certificates ol
election to the persons found to be elected to said offices, severally, aud shall makt
and file with the Secretary of the Territory an ab-tract ceVlflcate by them, of tht
number of votes cast lor each person for eaihofsaid offices and of the total numbei
of votes cast In each county
Sec 12. Al ofliters elected at such election, except mem' ers of the Legislature
shall, within thirty days after they have teen declared elected, take tbe oath re
quired by law. and give tht same liond required l,y tho law of the Territory to bt
given in case of like olllcers of the Territory or district, and shall thereupon entei
upon the duties of their respective offices, except as. therwlse provided tn this Con
stltutlon buttho Legislature may require bylaw all such officers to give other oi
further bonds as a condition of their continuance In office.
Sec 13 Tho Governor elect of the State Immediately upon his qualifying and en
terlng upo the duties of his office, shall Issue his proclamation convening the Leg
Islature of the State at the seat of government, on a day to be named In said procla
matlon, and which shall not be less than thirty normore than sixty days after tht
date of said proclamation Wlthli. ten days after the organization of the Legislaturt
both houses of the Legislature shall then and there proceed to elect as provided bj
law, two Senators of the Uulttd States, for the Slate of Arizona. Atsaldclectloc
the two persons who shall receive the majority of ail votes cast by said Senators and
Representatives shall bo elected as such United States Senators, and shall be so de
clared by the presiding officers ot both houses
The presiding officers of the Senate and Hotiso shall lssuo a certificate to each ot
saiilSenatracrltfyliiK his elet tlon, which tertlllcates shall also no signed by tht
Governor and attestt d by the Secretary of Stute
Sec 11 The Legislature shall pw unnecessary la s to carry Into etlect the pro
'islons of this Constitution.
Sic 15 Whenever any two of the Judges of the Supreme Court of the Sta e,
ilccted under the provisions of this Constitution, shall have qualified In their of
3us, the causes then pending In the Supreme Court of the Terrl ory on appeal or
srilt of error from the I l.trutC urt of any mumvor subdivision within the limits
)f tins State, and the papers, records and proceedings of said court, shall puss into
he Jurisdiction and possession of the i-upietae Court of the Slate, xtept as other
wise provided In the Enabling Vet ol t oiigress, and until so suended, the Supreme
"ourt ol tne Tcrritor) , und the Judges thereof, shull continue with like power aud
lurlsdlctlou, as If this Constitution had not 'ecu adop ed.
vt henevertho Judgeof the District Court of a iv district, elected underthe provls
onsof this Constitution, shall have qual fled In his office, the several causes then
pcudliuln the District Court of the Territory within any county in such dlst let,
md the records, papers and proceedings of said District Co rt and the seal aud
ther property pertaining thereto, shall pass Into the jurisdiction and possession of
.ho District Court of lho Htate for suh county, except as provided In the enabling
ict of Congress until so suspended the District Court and the Judges thereof shall
ontlnuc with the same Jurisdiction and power to be exercised In tho same Judicial
llstrfcts respectively as heretofore constituted under the law of the Territory
Sec 16 The flr-t regulor election that would otherwise occur following the first
icsslon of the first Legislature, shall bo omitted, and all county and precinct officers
ilected at the flri election held under thla 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 f their qualification
Sec 17 If the first session of the Legislature under this Constitution shall bo
soucluded within twelve months of the time designated for a regular nesdou thereof,
'hen th next regular session following said spet lal session shall be omitted
Sec 16 Members of tbe legislature and all State officers District aud Supreme
fudges elected at the first election held under ibis Constitution, shall hold their re
ipecilve offices for the full term next ensuing such election In addition to the period
ntervenlug between thedate of their qualifications and thacommeneeraent of said
Sfc 19 Allcountyand precinct officers who may be In office at the adoption of
Jils Constitution shall hold their respective offices for tho full term for which they
nay have been elected and until such time as their sti cessors may be elected and
luallfled as may be provided by law, and the official bonds of all such officers shall
jontlnue In full force and effect as though the Constitution had not lsccn adopted
bFt 20 In behalf of the people of Arirona, we, In convention assembled, hav
'ramed this Constitution, and hereby submit the same to the qualified electors or
Done In open Convention, at the City of Phcenlx, In the Territory of Arizona,
his 2d day ot October, A. D. 1S91
W. A. ROW E, President,
II. N. ALEXANDER,
J W. ANDERSON,
WILLIAM JIKNRY BAKNKi,
BEN M. CRAWFORD,
GEOHGK W. UIEYNEY,
FOirEU 8. DENNIS,
YV. A. IIARIT,
FRANK H HKREFORD.
T l. JORDAN.
THOMAS G NORRIS,
A. M. PATTERSON,
MARCUS A. SMITH
MARSHALL H. VILLIAMtf,
J. F. WILSON,
Attest- ALLEN C BERNARD, Secretary.
Fei iow Citizen' or Arizona Your Delegates In Convention assembled to frame
a Constitution for the Stato of Arizona, have completed the work, which is here
with submitted for your careful investigation
Tbcy commend to your favorable consideration tbe Constitution accompanying
this address, as the fruits of the untiring labor and united efforts ot your cho&en rep
resentattves, whose Interests are Identical with your own. The end sought was to
frame a Constitution that would secure a Just and economical administration tn all
of tbe Departments of Slute An examination of the Instrument submitted cannoi
fall to show tbe distinguishing features between a government organised under it
and those notonly seen but painfully felt by every tax-payer under our present sys
Under Territorial government, limitation ot legislative, action la almost a strangei
and (or a long time was not known at all, and official conduct but little v-atcbed by
the eye and authority of the law Hence leakage In the treasury, and extravagance
In publlo expenditure, are matters of but little surprise. They must be recognized as
the fruits of bad government Unguarded official action Is to bo seen all along the
Uneof 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
with an empty treasury and a large outstanding Territorial debt of nearly one ml)
lion dollars, while tbe debts of the several counties aggregate nearly three timet
that sura. A just and economic administration of affairs did not produce this. It
should be ended, and hereafter avoided It can only be done by the most caution'
guards, and the Impartial reader cinnot fall to find such, embodied In this Constltu
Your Delegates have sought toproflt by the wisdom and experience of other Rtates
and have therefore by careful selection established a Legislative, Executive and Judl
clal system, which challenges comparison with the wisest and most economic. The
number of officers has been reduced to the lowest practical limit, and salaries fixed
at small economic sums. Tho different departments have been shaped after the sys
tern most familiar to our people, that nothing may be hazarded Dy experiment.
The Judicial Department Is so arranged as to Insure speedy litigation and avoid
. SCHOOLS AND SC.IOOL LANDS.
That all children of school age In the State may receive gratuitously, Instructions
In the common school branches, a free common school system Is forever guaranteed
Its funds are preserved intact and the system dlvorod from all church and creed
and Its management and control by sectarianism forever prohibited. Careful pro
visions are made to preserve the school lands and tor their judicious appraisement
gradual sale and for the highest prlco. Meantime theploneerand early settler who
has braved the danger of frontier lite, and settled upon and Improved these lands
It not unprotected He has the preference to purchase the land so Improved at tbe
highest prie offered for It And In the event he may not be able to pay the highest
price so offered. lYe appraisers of the land are required to appraise the Improve
ments separate from 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 the task of protecting the
people from the growing grasping, monopolizing tendencies of railroads and other
corporations It has been thought wise therefore to place positive restrictions on
the powers of legislation In these matters. To this end provisions have been made
for the destruction of all wild cat schemes, and the wiping out of all dormant and
sham corporations claiming special and exc'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. Power is given to the
Legislature to revoke or annul tbe charters of corporations that may prove Injurious,
tnd the Legislature Is required to enact wholesome laws empowering the courts to
do the same thing during legislative lnternm.'
A well guarded system of county government it provided for.. The Legislature tt
prohibited from changing county lines and forming new counties unless tho came
can be done upon a basis o property, area and population, that will Insure easy
maintenance ot such new county government without strain, and at the tamo time
srlthout crippling tlie counly or counties from which It may be formed. The county
officers and offices are provided for In a kindred way to tbe system the peoplo aro
acquainted with, but that the running machinery of county government may be
rendered less expensive the offices have been so blended as to require the official
work necessary to the exercise of county government to be done with the fewest
iifllcM hands practical to its execution. These officers are all made elective everv
two yean, and are thereby made directly responsible to tho people whom they
ELECTION AND BTJFntAQX.
The right of suffrage Is conferred upon every - lo citizen of theUnlted States over
twenty-one yeart of age, and yfho has resided,! Arlronaf v. jraj previous to an
leoilon, tkcs'pt Indlars uo taxed, liiloti, lunatics aud peu'oui eouvlotc4 oi criraesi
sexes. Female suffrage was strongly urged upon the convention by petitions from
a few quarters, and by eamett personal advocates, who were always given an at
tentive hearing; ku t after mature deliberation the convention thought it ilnwlso to
put woman's suffrage In the Constitution. However, tbe right of the people to be
beard upon this topic, has been recognized, aud the Legislature coming directly
from the people every two yean, Is fully authorized to submit this question to thef
people whenever and rs often as may be desired.
It is surely safe to fay that a just and equitable system of Irrlgration, suited to
this arid region, has been devised. All natural streams and lakes of water capable
of being used for Drifatlon arc declared to be the property of tbe 6tate, and It is
provided that the common law doctrine of riparian water rights Is not to apply, and
that the right to use water heretofore lawfully appropriated to beneflelal uses Is
never to be denied.
The right of the people to appiopriate and use the upproprlated waters lor I eue
dclal purposes Is guaranteed, prior a pproprlr tlon giving the better right.
That capital may not be shut out of tbe State and Its progress retarded, an Invita
tion b as been extended, guaranteeing to all individuals or corporations the right tc
construct reservoirs and Impound and appropriate the surplus and flood waters
within the State lor sale, rental, domestic, stock or an beneficial purpose.
However, the mode and manner ot acquiring and exercising all of said rights Is tc
be subject to legislative control.
CEVENUE AND TAXATION.
It Is through the channel of revenue and taxation the public debts are paid, thai
tbe necessary sums for running the government are raised, and It is through It thai
the pockets of the people re directly reached. This 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 agoodoue. The government that
does, Is always economical and Just In all of the affairs of State, and Is never found
with a depicted treasury, or Imposing heavy burdens upon Its people.
A Constitution lor Just such a (.overnmeut as tblswe have sought to prepare and
submit to you, and If we in the deepest measure of our honest endeavors and
thoughts, are not deceived, we have succeeded In doing It. To begin with, the State
and county governments are prohibited fiom going into debt for greater sums that
their current tax will pay, which virtually puts them on a cash basis, and shuts
down the flood gates of the Issuance of bonds, warrants aud other evidences of in
debtedness, which have heretofore under our present regime so strklncd our TerrJ.
torlal and county credit. The public credit, tbe one thing which has heretofen
settled upon otherStates, and tnrust mauy of them Into financial ruin, and soint
into repudiation, cannot be loaued at legislative will.
Foi tbe current expenaes of State and county governments, a limitation of taxa 1
tlon Is fixed nottoexcced3 mills for State and I percent, for lounty purposes, whirl "
with the present indebtedness out of the way, would place us far below what wt ,
Tbe present outstanding Indebtedness has not been overlooked. Iblswcmusi
puy some time, and lu some way, under whatever form ot government we may be.
If so. It must be done by an easy, gradual means, or by a heavy strain to be met and .
endured sumo time lu the future That it must bo met by the one or the other 1
Inevitable This being sol would be contrary to common sense not to be able tt
see tbe wisest and easiest plan In order, therefore, to meet the principal of oui
outstanding detils as they fal, due, we have declar-d that a sinking fluid shall U
created, and for this purpose a Btato taxof only 1 mill shall be levied annually till tbt
same shall be extingu shed, and 't mill for county purposes To be sure this 1st
light levy, and will not Injuriously effect any one, hut close calculation snows It t
be sufficient to meet the outstandings when tbey become due. Thus It Is that wt
have sought to talc time by the forelock and require a gradual and easy tax to tn
continuously flowing into the sinking fund small enough so that uo one will U
strained by i aying It, aud ) et large enough to foot the bill when presented. This ii
not Its only advantage. It Is destined to give lasting and unexcelled credit to oui ,
young State, aud to Its counties, because It will be a declaration to the world by s
nrave, hardy and debt paying people, so made that legislative bands caunot cbangt
It. that whomsoever we owe we intend to pay, and have provided means lu a con
stitutlonal way for so doing.
Fellow citizens, tbe Constitution we sut mlt to you, challenges your investigation
Take it and turn it as you wi 1. and you mutt necessarily find thai, If the last 11ml'
of taxation allowed by It for State and county purposes, for paying Interest on tht
public debt, and for the sinking fund, be levied, t-ten altogether, upon our present
valuation, sating nothing of increase (which must follow statehood rapidly), wll
not cost the taxpayer quite one and one-half dollars on tbe SltjOO worth of taxablt
property he owns, how this is true, and when we consider the difference of statehoco
under such a Constitution, and Terrl torlal government as we know it to be, ana that
under such a constitutional government, tbe people arc supreme and choose all ol
ibelr public servants without exception, and when we further consider, that under
tuch a government, we shall have equal ret resentatlon In the councils of the nation
with other States, there certalnl; cannot be a single Independent American citizen
n all the land who thus considers, and makes himself conversant with the two sys
cms of government, the Independence of the one and the dependence of the other,
who 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 tbereby obtain admission, w e
orlng into the lap ol the State millions ot w ealth, which we cannot possibly obtain
ivhlleweare a Territory The enabling acts admitting Washington, Wyoming.
Idaho and the two Dakotas, plainly demonstrate this We call your attention lo a
tew of the advantages in promise for our new State- ,'
First The ICth and 3Gth sections olall the lauds of the Territory, which are now
aeld In trust for us by the general government, will ripen Into title and go into
itate control This land amounts to about 4,027,30 acres. '-"-
By tbe conduct of the general government toward all other new States admitted,
the promises us at a State on our admission the following
Acres Lands for public buildings, 50 sections . 22,000 ,
Ln.1,.fortUi l7ntUr " . 10,000
Lands for i-tate Asylum, prison and other buildings 50,000
Lands for Agricultural College . . X),O0O
Lands for School of Mines . . ... . 40.000
Lands for Deaf and Dumb asylum . . 40,000
bands for State Normal school . 80,000
Lands for such general purposes as the Legislature shall declare . . loO.OCO
ThlB will aggregate about 4,595,350 acres of land which we acquire by admission
snd none of which can we get before. Not only this, but tbe general govemm ,
rill direct the United States Land Office Receivers all over tbe State to pay intotl
State treasury for State purposes 5 per cent, of the proceeds ot all sales of tbe publ
jndt rold In the State. Such has been the liberal policy of our general governm
dnce Colorado's admission and such Is In promise for us. Shall we accept It?
Our constitution is liberal tn all of Its provisions, and challenges the admlra
tnd support of tbe whole people, whether they be Democrat or Republican, no )
.er whether tbey l biased by party feeling or not
We therefore urge and admonish you most earnestly, each and ever oneofyo'
the name of American free government and State sovereignty to peacefully but
olutely go to tbe polls on the 1st of December next and give us for our new S
this organic law, for In tt we have every promise of a future of peace and of pro.
(Signed YV. A. ROWE, Chairman.
J. F. WILSON,
M. H. WILLIAMS,
II. N. ALEXANDER,
W. H. BARNE8,
GEOROK YV. CHEYNEY,
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