OCR Interpretation


The Coconino sun. [volume] (Flagstaff, Ariz.) 1891-1891, October 29, 1891, SUPPLEMENT, Image 7

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1' Constitution for Arizona
Adopted by the Constttutloimi Convention,
vilttuy, October 12, 1801.
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PHEAMRLK.
We. the people of Arizona, unite! ul to the Supremo Mm tor our liberties, in order
to form a, Independent and perfect government, estnbhst, ifjr
tio tranquilly provide for the common defense, promote the general welfare ami
uro the blessings of liberty to ourselves ami oar iiosterlty, Jo ordain and establish tbi.
'ontitution for the State of Aritona.
AUTICLll I.
Te,Kera of swverument or the State are divided into three distinct department
The Executive, the Legislative, and Judicial; and no Person or collect on of iwwon.
belonging to one of these departments .hall exercise any power properly belonging t.
elttiir ot the others, except ns hereinafter expressly directed or permitted.
ARTICLE II.
dim. or HionTs.
Section 1. Governments are Instituted timong men for the twcuriti of life, llbert
and property, and derlvo their just powers rrora tho consent of the governed; and t
Aiire the ends, the neat to alter or reform Is Inherent In the ..eople.
Sec. 2. The union of the State- of the United States of America Is a lond of govern
nrat supremo and Indissoluble; tho power ot tho general government over any Stat.
.r people to enforce obedience to the Constitution and law... and to punish any viols
S tion ot the samo. Is supreme and umispmame.
I SBC. 3. The military shall at all times bo In strict subordination to the civil power
No soldier shall, in time of peace, be quartered in any house without the consent of th.
I owner, nor In time of war but In the manner prescribed by law.
Sea. 1 The right of the people to keep or bear arms for their own defenso, and tha
f of tlw government, shall not be infringed. The Legislature shall hayo the power t.
s .regulate the wearing of arms to prevent crime.
Sec 5. The civil rights ot the people shall not l abridged except on conviction to'
crime. , M
Sec 8 The right of tho people to be secure in their twrsons, houses, papers and ellecb
Wu'di not be violated; and no warrant shall issue but on probable cause, supported bj
oath or ainrruatloa, and particularly describing tho phco to be searched, and the pei
on. or things to be seized.
Sec. 7. No person shall 1 held to answer for a capital, or otherwiso infamou.
erime. unless on a presentment or Indictment, of a Grand Jury, or by information
based upon an affidavit as may be prescribed by law; except Incases arising in the
Joud or naval forces, or in tho militia when In actuol service in time of war or publ c
.lsj-ger; nor shall any one bo subject, for tho samo oflonso, lo bo twlco put in Jeopardy
of We or limb, nor shall bo compelled in any criminal case to bo a witness against
htmsfllf.nortobodeprhe.lof life, liberty or property without due proces of law
SIC 8. In all criminal prosecutions, the accused shall enjoy tho right to n speedy
mh! publle trial by an Impartial Jury of the connty wherein the crime shall have l.een
ommltted; to 1 Informel of the nature and cause of the accusation by copy of the
same; to a confronted with the wltne, againsi mm; ueposmou. . .-..- ....u
of the 8ute, or Invalid witnesses may Iw taken In tho presence of himself and counsel
as tho law may prescribe; to have compuUory process for obtaining witnesses, in his
faor free, and to have the assistance of counsel for his defense.
Sec 9. A person arrwtwl shall lmmedlat. ly to taken before a magistrate having jar
Udiction, to be dealt with according to Jaw; beroro conviction he shall not suffer
punishment or indignity lyond tho necessary precautions to prevent escape or rescue;
tin Aall bo permitted to converse with counsel at all times, and with other persons at
ieasonablo hours and under safo conditions.
Sec 10, In suits at common lw and in tho trial of crimes, not felonies, the Legis
lature may provide that a verdict lw by concurrence of three-fourths of the Jury.
Heo. 11. In suits at common law where the value In controversy shall exceed twenty
dollars, the right of trial Lyinry shall be preserved.
Seal!. All prisoner shall b-baljable, by sufficient sureties unless for capital of
fense, when the proof Is evl.lent. This provision shall not bo so construed as to pro
vent ball after Indictment, found, or iuformaUon filed, npon examination ot tho evl
donee In such manner as may bo prescribed by lav. ,
, 8E0.1J. The writ of haUtut corpus, is a writ of right and bhall never be suspended,
ffhe Legislature shall enact laws to render tho remedy speedy and effectual.
Sec. II. KxceMivo ball shall not no requireu. nor excwiTo hu.-b ....r,., ... v.u
nor nnnsual punishment Inllictetl.
Heo. 15. All courts shall bo open, and every person for an injury done him In his
a5h. goods, person, or reputation, shall have remedy by duo course of law.
8e.-. !. No bill of attainder or t pot facto law or law impairing the obligation of
ontracts shall bo made. No convictiou shajl work corruption of blood or forfeiture of
.tate. The gold and silver coin of the United SUtes shall bo oinally a legal tender
Tor all deU al obligation contracted In this Htsto, any contract to tl.e,contrar not-
MkhsUudlnic , , , . ,
Sec, 17 No Prson sliall ever bo Imprisoned for debt except in case or t rami.
Sec. 18.' No person shall bo outlawed, nor shall any person be transported out of tho
tato for any offense committed within tho same.
i, .,. t. ..,!.!- n,l mnnntllra are contrary to tho genius of free government.
0.1 shall norer bo allowed. .Ul grants of corporate or other franchises shall be sub.
ect to legislative control, repeal or amendment.
Jec."0. Tlie people shall have tb rlnt in a peaeamo manner wi u-uiu ,UKr.ire.
their common goo.1 and apply to tho Invested with the powers of government
te" rodrcss of grievancM or other pnrpose. Iy Ktjtion, address or remonstrance.
inc. 21. The ro exercise and enjoyment of relfgtoqs profession and worship with-
discrimination or inference shall forever 1 guarantied ir this State, and no pei -S
-hall be rendered tncoitetont to hold a.iy office of trust or profit, pr to servo as a
-. or Jnrir trtcauso of his ovlnion on any matter of religious belief whatever, but
t.rtof cinvie-iOT hTlu Mimrel shall not be construed so as to excuse acts
1 ntIousne or Justify practices IncoBtiatent Ttth tho twice or safety of the State.
' . 2i BJpimy and the practice of polygeny tja felonies and persons found guilt
, ither"shall 1 punished as those convicted of other Monies.
f ivc IX Every person may freely siHak, write nnd publish on aU subjects, being re
iHinsIble for tho abuse of that liberty.
u Sec 21. Elections shall be open, free and equal, and no power, i Ivil or military, stialJ
i u ny tlmo Interfere to prevent an untrammeled exerclso of tho right of suffrage.
!' 8EC.2J. No property qualifications shallever bo required for any person to voteor
. 'iod office.
Se&2. Private property shall uoer 1 taken or damaged except for public use.
f and not Uwn without due compensation therefor.
I Sec. 27. Tlio following nre declared to bo public uses: l'rivato was of nocesslly,
tf uid for reservoirs, drains, Hamos, ditchesroads, railroads, tramways, telephone and
v .'egraph lines, pipelines. Borers, electrio lines, and buoket lines, on or across the
, tands of others tor the purpose of agriculture, mining, milling, domestic, live stock or
sanitary purposes.
' Sec. 23. No lottery shall ever bo permitted in this State.
Sec. 29. Tho rtoht-of-wty over mountain pisses, and through canons Is granted to
all upon snch terms nnd regulations as may bo prescribed by law.
Sec. 30. The railroads of this State are declared to lw pnbllo highways.
gEC.31. No person shall l Imprisoned for the purpose ot securing his testimony
ongor than may bo necessary to take his deposition, and then only when ho fails to
Hive b-JJ to attend tho taking of said deposition. Depositions so taken, if in presence
f a def etdant and his counsel, may lw used in evidence.
Sll. 32. the enumeration in this Constitution of certajn rights shall not bo con
s' 1-ued to deny, Jin pair or disparage others retained by tho iopla,
AHTICIiEHI.
Kieconvi DKPABTMEMT.
tfecnot f. The Executive Department of this Statu shall consist of n Governor
riocretary of State, State Auditor, State Treasurer, Attorney General and Superintend
ent ot Pnbllo instruction, all of whom shall hold their offices for a term of four years,
and until their successors shall bo elected and qualified, each or whom shall, dnrlng
hs term of office, reside and keep his office and tho public records and pajiers belong
ing thereto, at tho seat of government.
Sec. 2. Tho Chief Executive power of the State shall bo vested In the Governor.
Sec. 3. No person shall bo eligible to tho offico of Governor who has not been a clti
ten of the United States for a poriod of ten years, and of this State or Territory for a
period of four years prior to his election, and who has not attained tho ago or thirty
years, prior thoreto.
Sec 4. Tho Governor, Secretary of Bute, Stat Auditor. State Treasurer, Attorney
General, and Superintendent of Pnbllo Instruction shall bo elected by tho qualified
electors of tho State at largo at the time and place of choosing members of the Legis
lature. Sec 5. Tho returns or each election therefor sliall be made in such manner as is, or
may lw prescribed by law. Tho person having tho highest number or votes for each of
the fespoctlro offices sliall bo declared dnly elected thoreto; but if two or more shall
Ml po equal, and highest In votes for tho samo othoe, one or. mom snau oo oiecuxi oy me
3 I J lnt vote of both houses of the Legislature, at Its next session after the election at
K J which snch tie vote occurred, and a majority of the votes of all the members elected to
Sec ft. The Governor shall bo Commander-in-Chief of tho military forces of the
State, except when they are called into service ot tho United States, and ho may call
out such forces to execute the laws, suppress Insurrection and repel Invasion. lie shall
; I have power to convene the Legislature on extraordinary oocasions, ann suaii bukb me
purposes lor which the legislature is convened, anu tno legislature snau ue iinuum u
14. Mfttnna vhnn wi MnnnMl tn tKft nnrtvnA. 111 ilntal. Ha shall, at the COmmenCe-
ment of each session of the Legislature, communicate to the samo by message, Infor
mauon or me conaiuon oi uie oiuie, ana recommend snea moasiuvs as urciu
.expedient.
Sec 7. The Governor may at any time require information or reports In writing,
Vrom the officers of the Executive Department, on any subject pertaining to the duties
of their respective offices, and ho may, also, at any time require Information or reports
' In writing from all officers and managers ot State institutions upon any subject, relat-
r I ,-f their rpeotire otHcoa and institutions, and all such reports or Information In writ-
J . ftAitiVfcA ,mV fe4ywl akall lA nArTAsssi(ls An l tfiA flxiTASksnfa s; a w a an tlm A nA
) (,.'"is It necessary, Investigate and report uixn tho condition or any eiecutire offico or
f( itatolnstltntkn. AndtheGovernorshaUhavopowortorequIreanyottheotllcorsabovo
named for god cause, to exsouto and file In tho proper offico, additional bonds, tn snch
i amount and U snch manner as may be provided by law.
S Sec B. He'ihall expedite all such measures as may be resolved upon by the Legisla
ture, and shal take care that the laws are faithfully executed.
Sec, 9, Ifpi.hall have power to remit fines and forfeitures, and to grant reprieves,
oommifeitlon nnd pardons after conviction, except in cases of Impeachment and treas
on, in such n inner as may be prescribed by law, but ho shall set forth In writing, fully,
the grounds c all such remissions, reprieves, commutations and pardons, and report
the sr.mi. to t! Iw't"'it .rsst 'M n-x' ri 'tv af for thorxrne.sromsds
uivll in.1 mill tr rf tt-nmiir t 1 huslnruM puiipnrn.nif .ho Kt.lle.
-.Sto. tk Enry bill which has boon passed by the Legislature, shall, before It becomes
ft w, be itt4i(e.l tt Ui GrMirtiur. It he arAvttVi It hv sbtill lied tt. bnt it Axh, U
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I
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hall return It to tho honso in which it originated, with his objections thereto, which
honso shall enter the objections at largo npon the Journal and proceed to reconsider
It. It, after such reconsideration, two-thirds of tho members elected aToo to pass the
bill, it shall lie sent, together with tho objections, to tha other house, by which it shall
lw likewise reconsidered, and If It bo approved by two-thirds of the mom tiers elected to
that house, it shall bocomo a law, but in nil snob cuses tho vote ot tho two houses shall
bo determined by the yeas nnd nays, and tho namos ot the members or each house vot
ing for and agitnst tho bill shall bo entered upon tho Journals of each house respec
tively H any bills be not returned by the Governor within ton days after its presenta
tion to him, tho same shall become a law, unless tho Legislature prevent its return by
adjournment, in which case it sliall becomo a law, unless ho shall within ten days after
such adjournment lilo tho same ith Ids objections, in tho office of Secretary of State.
Sec 12. Tho Governor shall, b and with tho advice and consont of the Senate, ap
point and commission all State officers w hoso election is not provided for herein or by
law, and ho may remove tiny officer appointed by him, or by him with tho ndvlce and
consent of tho Senate. When any office from any causa becomes vacant, and no mode
Is provided by this Constitution or by law for filling such vacancy, tho Governor shall
have power to fill the same by apiolntnient.
Sec 13. If tho Governor be Impeached, displaced, resign, or die, or from any other
cause whatever shall becomo incapable, disqualified or Incompetent to perform the
duties of lils offico, the Secretary of State shall act as Governor until such vacancy be
filled, or tho disability removed, and in case tho Secretary of State shall also bodls.
qualified from performing such duties, then tho President of the Senate shall assume
them nnd act as Governor until tho disability bo removed, or tho vacancy rilled.
Sro. It. Any Governor of this State who asks, receives, or agrees to recoivoony
bribe, upon any understanding that his official opinion, judgment or nction shall Is
tnilaenctsl tlureby, or who gives, or offers to give, or promises his officii.1 influence In
any manner hateer. In consideration that any member of the Legislature shall give
his official vote or influence on any particular sida of any subject or matter uion which
ho is required to act lu his official capacity, or who menaces, or attempts to menace any
such member by tho threatened use of his veto power, or with tho threatened use of his
official tKjwer in any manner whatever, with tho Intent to Inlluonco tho official action
of said member, shall bo punished in tho manner now, or that may hereafter lw pro
vided by law, nnd in addition thereto, upon conviction, shall forfeit all right to hold or
sxcrclso any offico of trust or honor in this State.
Sec. 15. A 8eal of State shall bo kept by tho Secretary of State, used by him officiallj
or under his official sanction, and called tho Groat Seal ot Arizona.
Sec. IB. All grants and commissions shall be Issued, "In tho name and by Hit
authority of tho State of Aritona," signed by tho Governor, and attested by the Secre.
tary of State, and sealed 1th tho Great Seal of tho State.
Sec 17. Tho powers and duties of tho Secretary of State, State Auditor, State Treas.
urer, Attorney General and Superintendent of Public Instruction, shall be such as an
or may lw proscribed by law.
Sec 18. Until othomiw) provided by law, the Govornorshall receive an annual sal
ary of Twenty-five Hundred Dollars; the Secretary of State, Two Thousnn 1 Dollars; the
State Auditor. One Thousand Dollars; tho State Treasurer, Ono Thousand Dollars; the
Attorney General, Ono Thousand DoIHrsandlhoSuiierintendent ot Pnbllo Instruction
Ono Thousand Dollars; and the salaries ot said officers or of any 8tato or I 'ounty office!
shall not bo increased or diminished during their term of office, and an) and all foot
and profits arising from any or said State offices shall lw covered Into tho Suits
Treasury as may be provided by law
AimcLi: iv.
legislative department.
Section 1. The Legislative power shall bo vested In a Senate and House of llopre
sentatives, which shall be designated tho Legislature of tho Btate of Arizona.
Sec. 2. Senators shall lw elected for tho term or four (1) years and Representative
for tho term of two (2) jears. The Benators elected at tho first election shidl bo divided
by lot into tno classes as marly equal as may be. Tho teats or Senator or tho first
class sliall bo vacated at the expiration or tho first two ears, and of tho socond.olass at
tho expiration of four years. No lerson shall bo a Senator who has not uttalnod the
age of twenty-fi ve ears, or a Representative who lias not attained the age of twenty-one
years, and who is not a citizen of the United States and of this State, and who has not
resided in this State at least two jcrs, and In tho county or district six months next
preceding his election.
Slc. 3. Each county shall constitute a Senatorial nnd Representative district; thf
Senate and House of Representatives shall bo composed of members electud by the legal
voters of their counties respectively, eery two (2) jears. They shall bo apportioned
among tho sail' counties as nearly as may lw according to tho number of tin' inhabitants
thereor. Each county shall Iiaio at least one Senator and one Representative; but at lie
time shall th number of members of tho House of Representatives lw lern than twice
nor creator tlum threw times tho nuinbur of members of tho Senate. Tho Senate and
Houso or Roprcsontntios first elected in pursuance or this Constitutlon.shall consist oi
twelve and twenty-four members reeiwctltely.
Sec. I. When vacancies occur in cither House by death, resignation or otherwise
such vacancy shall be filled for tho remainder of tho term by special election, to bo cal.
tod in such manner as may bo prescribed by law.
Sec. 3. Members of tho Senate nnd House of Representatives shall bo elected on the
day provided by law for the general election of a member of Congress, and their term
or offico sliall begin on tho first Monday or January thereafter.
Sec (5. Each member of tho first Legislature, as a compensation for his services
shall recoiio Five Dollars for each ilajs' attendance, and fifteen cents for each mils
traveled in going to and returning from tho seat of government to his reaidenco bj th
usual traveled route, and shall receive no othor compensation, porqnlsite or nllowance
whatever. No session or tho Legislature after tho first, which may lw nlnery days, shall
exceed sixty ilays duration, Sundays and holidays included, except In trials by Impeach
ment. After the nret session Ifie compensation of tho membcrsof tuo Legislature shal)
bo as provided by law; but no legislature shall fix its own compensation.
8rc 7. Tho Legislature shall meet at tho seat of government at 12 o'clock, noon, ot
tho second Tneslay of January, next succeeding the general election provided by law
and at 12 o'clock, noon, on tlie Second Tuesday of January of each alternate year there
after, and nt other times when convenod by tho Governor,
Sec 8. No Senator or Representative shall, during the term for which he waselocted,
bo appointed to any civil offico undr tho State, and no member of Congress or other
person holding an office (except that of Notary Public or an offico In tho militia,) un
der the United States or this State, shaU lw a memlwr of either House during his con
tinuance In office.
Sec 0. No memlwr of either horo shall, daring the term for which ho was elected,
receive any increase of salary or mileago nnder any lsw passed daring that term.
Sec. 10. The Senate shill, at the beginning of each regular session, nnd at snch other
t(me as may lw necessary, elect one of Its members President; the House of Reprewn
tatlves shall clecl one of Its members Speaker; each honse shall choose Its other officers
ind shall Judge of the election returns nnd qualifications rf Its memlwrs.
Sec II. A majority of each honso sliall constjfnto a quorum to do business, but a
mailer number may adjourn from day to day and compel the attendance of absent
members In snch manner and nnder such penalties as each house may proscribe.
Hec 12. liich house shall have the iwwer to determine It rules of procedure, and
punish its memlxTs or othor persons for contempt or disorderly liehavior in its pres
ence; to protect Its members against violence or offers of bribes or private solicitation,
and with tho concurrence or two-thirds, to expell a member; nnd shall have all other
powers necessary and usual In the Legislature or a free State; but no lmprlvonment by
either nouso shall coutinne beyond thirty days. Punishment for contempt or disorder
ly behavior shall not bar a criminal prosecution for tho samo offense.
Sec 13. Each house sliall keep a Journal of Its proceedings, and may, in its discre
tion, from time to time, publish the samo, except such part as requires secrecy, and the
yoas and nays on any question sliall, at the request of two members, bo entered on tlie
Journal.
St-C 14. Tho sessions of each House, and of the Commltto of tho Wiolo siall lw open
unless the business is such as requires secrecy.
Sec 15. Neither House shall, without tho consent of the othor, adjourn for more
than three flays, nor to any other place than that In which the two Houses shall be
sitting.
Sec Jfl. Tho members of the Legislature shall, in all cosoe except treason, fejony,
violation of their oatlis or office, and broach or the peace, be privileged from arrest
during their attendance at tlie sessions or tho respective Houses, and in going to and
returning from the same: and for any speech or debate in either House, they shall not
lw questioned in any other place.
SbC 17. Tho sole power ot Impeachment shall rest In tho House of Representatives!
tho concurrence of n majority of all tho memtwrs being necessary to the exorcise there
of. Impeachment shall be tried by the Senate, sitting for that purpose, nnd tho Sono
tors shall bo npon oath or affirmation to do justice according to law and evidence.
When the Govornor is on trial tho Chief Justice of the Supremo Court sliall preside. No
person shall lw convicted without a concurrence of two-thirds of tho Senators elected.
Sec II. The Governor and otlier State and Judicial officers, except Justices vt the
Peace, sliall lw liablo to Impeachment for high crimes and misdemeanors, or malfeas
ance In office, but judgment In st ch cases shall only extend to removal from offiro and
disqualification to hold any office or honor, trust or profit under tho laws of tho State.
Tho imrty. whether convicted or acquitted, shnll, nevertheless, bo liable to pi-osecution,
trial, juilgment and punishment according to law.
Sec IS. All officers, not liable to imiwachment, shall be subject to removal fdr mis
conduct or malfoasanco In office, )n snch mannor as may bo provided by law.
Sec. 20. No law shall lw passed except by till), and no bill shall bo so altered or
amended, on its passage through either House, oa to change its original pnrrwxo.
Sec 21. Tlie enacting clause ot everv law shall bo as follows.' "Re it enacted by tho
Legislature of tho State of Arizona."
Sec 22. No bill for the appropriation of money, except for tho expenses of the Gov
ernment, shall be introduced within fivo (3) days of tho closo of tho session except b)
nnanlmous consent of tho House in which it is Bought to bo Introduced.
Skc 23. No bill sliall be considered or bocomo a law unless referred to a committee,
returned therefrom and printed for the nso of the mombors; nor shall any Mil have ths
force ot a law until it has been read at length on three several days In i ch House
bnt in case or Imperative pnbllo necessity, which necessity must bo stated hi a pream
ble, or in tho body or the bill; two-thirds ot tho Honso in which tho bill ma,, be pend
ing may suspend this rule, tho yeas and nays being taken on tho question or siisnsloa
and entered npon the Journals.
Sec 21. No blU, except general appropriation tills, and bills for the codification
and general Revision of the laws, shall be passed containing mora than one subject
which subject shall bo clearly expressed in its title, but If any subject Is embraced In
any act which Is not expressed In its title, such act shall bo void only as to so much
thereof as shall not bo so expressed.
Bec. 23. No bill shall becomo n law, except by a vote of a majority or all tho mem
bers elected to each Honso, nor, unless on its final passage, tho vote be taken by ayes
and nays and tho names or 'ttioso voting bo entered on tho journal,
Bec 28. No law shall bo revised or amended or the provisions thereot extended bj
reference to its tltlo only, but so much thereot as Is revised, amended or extended shall
bo re-enacted and published at length.
Bec 27. Ths Legislature shall not pass local or special laws- In any of the f ollowln
enumerated cases, that is to say: For granting divorces; laying out, opening, olterins
or working roads or highways; vacating roads, town plats, street, alleys or public
grounds; locating or changing connty seats, regulating connty or township affairs; ths
Incorporation of cities, towns or villages or changing or amending the charters of onj
cltlos, town or villages; regulating tho practice In courts of Justice; regulating ths
Jurisdiction and duties of justices Of tho peace, police magistrates or constables,
changing the mica of evidence In any trial or Inquiry; providing tor changes of ,venu
In civil or criminal cases; declaring any person of ago; the limitation of civil actions
giving effect to any Informal or invalid deed; summoning or impaneling grand or petit
Juries; providing for the management of common schools; regulating the rate of inter
est on money; the opening or conducting of any election, or designating tho place ol
voting; tho sale or mortgage of real estate belonging to minors or others tindi r dlsubll
It j; chnrterln or Henaslnjt ferries or brldgns or toll roads; oharterirts banks, fnsnrnnri
rAh.i'i 1 t n r ps: les-ti mlttlng firte ren-ltloa or ft4Mtnrt's
creating. Increasing or decreasing f-es, percentages or allowaur r I fuMl) officers
changing the law of descent; granting to any corporation, association r individual ths
tfcM to lay" rkwnreibud f 1W nsl or blasts ptftil.t, Itoiaunty i
f ranchiso whatever, or amondlng existing charter for snch pnrposo; tho punishment oi
crimes;changlng names or persons or places; the assesement or collection or taxes; or lav
effecting estates of deceased persons, minors or others nnder legal disabilities; extending
tho time for tho collection ot taxes; refunding money paid into the State Treasury; relln
qutshlng or extinguishing in wholo or in part tho indebtedness.llabilltles or obligations
of any person or corporation to this State, or to any municipal corporation therein
legalizing, except as ogainst tlie State, tho unauthorized or Invalid act of any officer
exempting property from taxation; restoring to citizenship porsons convicted of Id
famous crime: authorizing tho creation, extension or impairing of liens: creatine
offices or prescribing tho powers or duties of officers in counties, cities, townships oi
school districts; or law authorizing the adoption or legitimation of children. In ah
other cases where a general law can bo made applicable, no special law shall bo en
acted. Sec 28. 'Die presiding officer of each House shall, tn the presence of tho Honso ovei
which he presides, sign all bills and Joint resolutions passed by tho Legislature imme
diately after their titles have been publicly read and tho fact of signing shall bo at ones
entered upon tho journal.
Sec. 29. Tho first Legislature convened under this Constitution shall have no more
tlinn seven clerks, two sorgeant-at-arms, two pages and two door kociwrs, whose compen
ation sliall not exceed file dollars each per day. Said Legislature sliall prescribo by law
ho number and compens-itlon of tho offieera and employees of each Iloune, amEno
payment shall lw mode from tho State Treasury, or bo In any way authorized to any
inch person except to an acting officer or employeo elected or apiointed in pnrsuanco
if law. No law pawed increasing tho number or compensation of employees shall take
"fleet during tho session In which It was passed.
Sec 30. No bill shnll bo p.issed giving an extra compensation to any public officer,
wrvant or emplojee, agont or contractor after scrvicos have been rendered or contract
-nado.
Hec 31. All stationery, printing, paper, fuel nnd lights used in tho Legislative and
ither departments of government shall bo furnished ono the printing and binding of
he laws, journals and department reports and other printing and binding and the re
pairing and furnishing of tho halls and rooms used for the meeting of the Legislature
ind Its committees shall be performed under contract, to be given to the lowest responsi
ble bidder lielow such maximum price and under snrh regulations as may bo prescribed
by law. No memlwr or o 'icer of any department of tho Government shall bo In any
fay Interested in any such contract, and all such contracts shall bo subject to theap.
oroval ot the Governor and State Treasurer.
Hec. 32. Except as otherwise provided in this Constitution no law shall extend the
erm or any public officer or Increase or diminish his salary or emoluments after his
Uection or appointment, but this shall not be construed to forbid the Legislature mim
dxlng the salaries or emoluments or those officers first elected or appointed under this
Constitution, If such salaries or emoluments are not fixed by its provisions.
fEC SJ. All bills for raising rovenuo shall originate in the House of Reprceenta
-Ives, but tlie Senate may propose amendments as in case of other bills.
Sec 31. The general appropriation bills shall embrace nothing but appropriations
(or tho ordinary expenses of tho Legislative, Executivo and Judicial Departments of
lie State, interest on public debt and for public schools. All other appropriations
ihall Iwmade by searate bills, each embracing but ono snbjoct.
Sec 33. Except for Interest on public debt money shall bo paid ont or the Treasury
inly on appropriations by the Legislature, nnd in no case otherwise than npon warrant
lrawn by tlie proper officer in pursuance or liw.
Sec 3D. No appropriation shall bo made for charitable, industrial, educational or
benevolent purposes, to any person, corporation or community not under the absolute
lonlrol of tho Btate, nor to any denominational or soctarian Institution or association.
Sec 37. The Legislature shall not delegate to any special commissioner, private
Hirporation or association any power to mako, supervise or interfere with any munici
pal Improvements, moneys, property or effects, whether held In trust or otherwiso. nor
to levy taxes, nor to perform any municipal functions whatever.
Sec. 33. No act of the Legislature shall authorize the Investment of trust funds by
axecutors, administrators, guardians or trustees in tho bonds or stock of any private
:orioration.
Sec. 99. Tlie Legislature shall have no power to pass any law authorizing tho State,
)r any county in tho ritata or municipal corporation, to contract any debt or obligation
in aid of any private enterprise, nor to give or loan Its credit to or in aid of tho samo;
but neither the State nor any political tulxlivtsion thereof shall bo prohibited from
loaning Its en. lit or giving aid to tlie construction and malntalnance of railroad, toll
road j, street railways, canals, reservoirs, water works, sowers or bridges; provided that
die proosition to lend such aid shall first be submitted to a vote of tho qualified elec
tors of tho iwlitical snbdivlslon afflicted thereby, and two-thirds of thoso voting shall
rote in f.ivor thereof.
Sec 10. Every order, resolution or vote in which the concurrence of both Houses
may bo nocessar) , except on tho question of adjournment or relating solely to the
transaction of tho business of the two Houses, shall lw presented to the Governor, and
before it shall take effect be approved by him, or, on beihg disapproved, bo repassed b)
two-thirds of both Houses, ns prescribed In the case of a bill.
Sec. tl. A memlier who lias a personal or private interest in any measure or bill pro
posed or (lending before the Legislature shall disclose the fact to the House of which h
is a member, and shall not vote thereon.
APPORTIONMENT.
Section 1. Ono Representative in tho Congress of tho United States shall bo elected
from tho State at large, nt the first general election nnder this Constitution, and there
after at such times and places, and in Bach manner ns may bo prescribed by law. Whei
a new apportionment Bhall bo made by Congress, the Legislature shall divide the Stats
Into congressional districts accordingly.
Bec. 2. Until an apportionment of Senators and Representatives is otherwiso pro
ililcl by law, they sliall bo divided among the several counties of the State in tho fol
lowing manner: Apache county, one member or the Senate, and two members or ths
Honso or Representatives; Coconino, ono Senator and ono Representative; Cochise
ono Senator and throe Representatives; Gila, one Senator and one Representative
Graham, one Senator and two Representatives; Maricopa, one. Senator and four Repre
sentatives; Mohave, one Penatpr and one Representative; Pima, one Senator and font
Representatives; Pinal, ono Senator and two Representatives; Yavapai, one Senator and
three Representatives; Yuma, ono Senator and one Representative, And the severa.
counties of tho Mate shall elect one Senator at large.
ARTICLE V.
JCPICISX depirtment.
Section 1. Tho Judicial power of tho State of Arizona shall bo vested In ono So
prerae Court, District Courts, Probate Courts, Justices ot tho Peace, and euch Inferio-
amrts for Incorporated cities, towns and villages as may bo provided by law.
snrnEME coukt.
re 2. Tlie Supremo Court shall consist of three judges, and shall have origlna
Jnri'diction in quo warranto, in mandamus and habeas corpus, and appellate jurisdli
tlon in all other rases. Onl ot said judges shall bo Chief Justice; two shall constitute
a quorum, nnd tho concurrence ot tho tno shall be necessary to every decision.
Sec 3. Tho Judges of the Supremo Court shall be elected by tho qualified electors o'
the State at largo, and, except the first election for judges nnder this Constitution, sair
Judges shall lw elected at general elections.
Sec t. The term of offico of tho Judges of the Supreme Court, except as In this arti
cle otherwiso provided, shall bo six years, and they shall hold their offices until thel
successors are duly qualified.
Hrc 5. Tho judges of the Supreme Court shsjl. Immediately after the first electioi
nnder this Constitution, be classified by lot, so that one shall hold his office for th.
term of two years, one for the terra of four years, and one for the term of six years
from tho first Monday In January, after tho Constitution takes effect. Tlie lots shal
be drawn by the judges, who shall for that purpose assemble at the seat of government
and they shall cause the result thereof to be certified to tho Secretary of th" Territory
and filed In his office, unless the Secretary of the "tate of Arllonn shsll have t merer
upon the duties of his office, in which event said certification shall bo filed therein
The judge having the shortest term to serve, not howling Ms office by election or ap
pointment to fill a vacancy, shall bo Chief Justice, and shall preside at all terms of th.
Supreme Court, and In case of his absence, tho judge having in like manner the nex'
shortest term to serve, shall preside in his stead.
Sec ft. There shall lw a clerk and also a reporter of tbo Supremo Court, who shal
bo appointed by tho Judges thereof, and who shall hold their offices dnrlng tho pleasnn
ot the Judges, ami whose duties and emoluments shall be prescribed bylaw and by rule,
or the Snpreme Court not Inconsistent with law. Tho Legislature shall make provlsloi
for the publication and distribution or the decisions or the Supreme Court and for th
salo of the published volumes thereof.
Sec 7. No person shall bo eligible to the offico of Jndgo of tha Snpreme or District
Courts nnless he lw learned In tho law, bo nt least thirty years of ago and a citizen ot
'lie United States, nor unless ho shall have resided In the State or Territory of Arizona
three years next preceding his election and In the district one year.
Sec 8. No duties shall bo Imposed by law upon the flupvemo Conrt,or any of tho
judges thereot, except such as are Judicial, nor shall any or tbo Judges thereor exercise
tny power or appointment except as heroin provided.
"EC P. Thaetylsof process shall h: "The State of Arizona." All prosecntlons
shall bo carried on in the name and by tho authority of the State of Arizona, and con
clude, "against tho peace and dignity of the Ptate of Arizona." Them shall be at Ionst
three terms of tho Bnprmo Court In each year, as may bn provided by law. Until the
law does so provide, the Court may, by an order entered of. record, fix the time and
places pf snch terms of, court-
Pec. 10. Any vacancy happening by death, resignation or otherwise, in the office of
Jndgo or the Supremo Court, shall bo filled by appointment by tho Governor, which
appointment shall continue until the first general election thereafter, when said vacan
cy shall bo filled by election.
Sec 11. In case a Judge of the Supremo Conrt shall bo in any way interested In a
canse brought before said court, the remaining jndgs of said conrt shall pall one of
the District Judges not Interested, to sit with them, on the hearing ot said cause,
distiuot oodhts.
Pec 12. Until otherwise provided by law. tho Htate shall bo divided into three jn.
dlclal district. Tho counties of Graham, Cochise and Pima Bhall constitute the first
district: tho counties of Yuma. Maricopa. Gila and Pinal shall constitute tho second
listrict. and the counties ot Mohave, Yavapai, Coconino and Apache shall constitute
tho third district.
Pec 18. One jndgo shall be elected from each district, who shall hold his office for a
term of four years. The term of the first District Judges e'ected nnder this Constitution
hall terminate four years after the first day of January, after this Constitution takes
effect.
Sec 1. The District Courts shall have original general Jurisdiction of all causes In
law and equity, and snch appellate jurisdiction as may be provided by law, and shall
hold at least two terms each year in each connty,
Hie 15. Apponls and write ot error shall be allowed from the District Court to the
Supreme Court from all final determinations, and from all determinations affecting
substantial rights.
Pec 16. Any Jndgo ot the anpreme Conrt may, in cases of emergency, tit as a Dis
trict Jndgo. A Jndge ot the District Court shall be designated by the Supreme Court
to sit in the Supremo Conrt, to hear and determine appeals bom causes heard before
Judge of the Snpreme Court sitting as a District Jndge.
Sec 17, The compensation ot the Supreme Judge shall be Four Thousand ($4,000)
Dollars, and District Judges shall be Three Thousand Five Hundred ($1,500) Dollars
per annum.
Sec 18. The Legislature may provide that at the end of the first term of office ot
District Judges herein provided, the number of Judicial Districts may7 be increased by
one. An increase may be made thereafter, but not before four years have elapsed since
the last increase, and by not more than ore District at a time. Each increase shall
he only when two-thirds of each House shnll conenr. therein. Pneh increase of District
shnll not affect the nffirlsl term of any Jndire. ElTtions for Jndges ot snch new Dis
tricts snau ue omy wnen tne jnagos or tne other Districts are eiectea.
Sxo. 19. A Jndeeoitc Sopresu or District Ooait shall not pttab law la toy
Court. '
r-EOBATE COUBT8.
Sec. 26. There shall bo established in each county a Probate Conrt which shall be a
Conrt ot Record, open at all times, and holden by one Judge, elected by the electors ot
the connty, and whose term of office shall bo two years.
Sec 21. The Probate Court shall have original jurisdiction in all probate and testa
mentary matters, the appointment of administrators and guardians, the settlement of
accounts of executors, administrators and guardians, and such other probate Jurisdic
tion as is now or may be conferred upon it, and in proceedings for the" collection of
taxes and assessments; provided, that tho Legislature may, by local or general law, in
crease the jurisdiction of Probate Courts as follows, to-witt l!y giving said court In
any county concurrent Jurisdiction with the District Court in all actions at law wherr
tho amount in controversy does not exceed one thousand dollars, and where the title i ,
real estate is not In question, and in all criminal actions below the grade of felony.
Sec. 22. Appeals from nil matters of jProbate shall bo .to tho District Conrt win
tho trial shall bo de novo.
Sec 23. The qualifications of tho Judges ot Probate Courts in counties where the
Jurisdiction of said courts shall have been increased, shall be the same as those of a
District Judge, except that ho sliall bo a resident or tlie county at the time of his election.
JUSTICES OP TDK lltCE.
Bec 21. Tho Legislutoro shall provide for the election or Justices ot the Peace, in
each count in this State. They sliall have jurisdiction in all actions at law, where the
amountin controversy, exclusive or costs, does not exceed three hundred dollars, and
where thn title to real estate is not in issue; and shall have tuoh jurisdiction to bear
and determine cam. ot misdemeanor as may be provided by law.
StC. 23. Appeals may bo taken to either tho District Court or tho Probate Conrt, at
may bo provided by law. Such actions on appeals shall be tried de novo.
Sec 26. Until otherwise provided by law, tlie Judge of the District Conrt by an or
der entered of record in each county, may fix tlie time of holding court in each county.
The District Court shall alwajs bo open tor business when the Jndgo is .present In
court.
Sec 27. There shall bo elected in each county a District Attorney, who shall be
learned in tho law, aud w ho shall bold bis office for a term or two j cars, the first term
ending two years after the first day of January, after this Constitution! takes effect, and
who shall iwrform such duties and receive euch compensation as may be.preecribed bj
law.
ARTICLE VI
TAXATION AND REVENUE.
Section!. The fiscal year shall commence on tho first Monday in June in each
year, unlets otherwise provided by law.
Sc, 2. All Undt anl improvements thereon shall be listed for assessment,
valued for taxation, and assessed separately except as h relnafter provided.
S. c S. For 8tte revenue there shall be levied ainually a lax not to exceed three
(3) mills on the dollar of the sate-sed valuation of the property In the Slate, except
for the support of State, cduc tlonal and charitable Institutions, the payment of the
State aebi , nd the Int. rest thereon.
Bec. 4. For county revenue there shall be levied annually a tax not to exceed twe
per centum on the dolla' for all purposes, Including general school tax, except foi
theipajmcni ottts public debt and the interest there on and exclusive of State rev
enue. An additional tax of two dollars for each male person between the ages ol
tw. nty one vears and tlxty years, Inclusive, shall anjually te levied for county
school purposes, unless otherwise provided by law.
Pxc5. No Incorporated city or town shall levy tax to exceed"elght mills on the
foliar In any one ytar, except for the payment of Its public dbt and. the Interest
(hereon.
Sec ts. There shall be annually assessed and collected In the same manner as
jther State revenue may be assessed and c llecied, and returned to th State Trea
urer. a tax of ono mill upon each dollar's worth of taxable property, in addition to
ill other taxes, to be applied as follows, viz: The fund so created shall be kept separ
ite, and shall annually, on the first day of January be apportioned and paid over
pro rata upon ail such State Indebtedness as may lor that purpose te presented by
the hold, is of the same, to be entered as a credit Upon, and to that extent, In extln
tulshuent of ilisj principal o said Indebtedness If no Indebte-tneu he presented
the fund shall be a sinking fund to be devoted to the extinguishment of the'prln
ilpal f the State debt. When sufficient money has been accumulsted In the sink
ing funds to ll.iuldate outstanding Indebtednett, this Section shall cease to be oper
itive. And there shall be annually aresel and col'ectedin each county whose debt
ceedslnthegKregateFifiyTljoiindttWlOOjiolla s, In like manner, a tax of
ire half mill, ss aforesaid, the fund to be applied In the same way in extinguish
aient of county deMs. The legislature msy provided by law for the investment of
ny bsl.nccs o- the -Inxlng funds lu the 8ta-e and county securities until the funds
n be devoted to extiiu dhmentof the Indebtedness.
Sec 7. The Stsle Treasure- nbsll keep a separate account of each fund In bis
lands, and shall, at tbe end of ech quarter of the fltcal year, report to the Gover
nor lu wrltiun under oath, the amount of all moneys In his hands, to the credit of
lvtr such fund, the place where the tame are iert or deposited, and the number
ind amount of every wsrrant received, and the number and amount of every war
ant pa'd therefrom during the quarter. Wilfo'ly swearing falsely to any such re
port, shall be deemed perjury. TneOovomor shall cause every snch report to be
immediately published in at Vast one newspaper, printed at the seat of government,
ind otherwise as the Legislature may require. The Legislature may provide by law
(or further regulations for the skfe keeping and management of the public funds In
;he hands of the Treasurer. But notwithstanding any such regulations the Treas
irer and his sureties, In all cases, shall be held retponstole therefor.
Sic 8. The making of profit, directly or Indirectly, out ot State, county, city,
town, school district or other public fund, or using the same for any purpose not
lutnorized by law, by any public officer, shall be deemed a felony, and shall be
unlshed as prrldea by law
Sic. 9. There hall be a btate Board of Equalization composed of the Secretary of
jtato, State Auditor, and Treasurer. The Jutles of the State Board of Equalization
shall be to assess and equalize, at their actual value, the frsnchlses, roadways, road
beds, iall and rolling tis;k and all other property used In the operation of all rail
osds and other common carriers, except machine khops, rolling mills, hoteIrnd "'
station houtes In thlt State, which shall be assessed by the local assessor fn'the ler.
ral counties where situated Such assessed valuation shall be apportioned 'to the'
jountles In which tald roads and common carriers are located, as a basis for taxi- '
tion of such property; provided, that the assessment so made shall not apply to in
:orporated towns and cities. Slid Board shall perform such other duties as may be '
prescribed by law.
Sec. 10 There shall be aCounty Board of Equalization in eh county of this
state, composed of the Board of Supervisors of the respective counties The duty
if tno County Board of Equalization shall be to adjust and equalize valuations of
property made, listed and reported by the assessor of the respective counties, and
such other dutlo. as may be prescribed by law.
Sec 11. All property except as In this Constitution otherwise provided, shall be"
uniformly assessed lor taxation, and the Legislature shall prescribe such regulations
is thall secure a Just valuation for taxation of all property, real and personal.
License taxes thall te as hereafter provided oy law.
Sec, 12 The property of the United itetes, the State, counties, cities, towns,
school districts, municipal corpor.tlons, public libraries, lots with the buildings
thereon used exclusively forrelltlous worshlD.and Dublin cemeteries, shall he .
erapt from taxation, andsueh other property as the LeclsUluro by a two-thirds vote
of each house may by general law provide.
Sic. 13. No tax shall be levied except lu pursuance of law. and everv law lmooa.
lng a tax shall, t,te distinctly the object of the same, to which only It shall be ap-
Sec 14. The power of taxation shall never be surrendered or suspended, by any
grant or conuaot to whleh the State or any countr or other munlcloal roreon.tJ.on
shall be a partv.
AKTICLK VII.
rustic INDtBTIDXXSS.
Section 1. The State of Aritona shall not In any manner create any Indebtedness,
excluding debts existing at the adoption of this Constitution, exceeding one per
centum on the assessed value of the taxable property tn the State, as shown by the
last gnerl assessment for taxation proceeding, except to suppress Insurrection oi
to nrovlde for the puhllo defense.
Sec. 2. No dent In excess of the 'axes f r the current year shall In any manner be
cheated In the Stste of Arizona, nnless the proposition to create such debt shall have
been submitted toa vote of the people, ard by them approved, except to suppress In
turrcctlon or to p'ovlde for the puHlc defense.
Snc.3. No countv In the State of Arizona shall In any manner create anvlndebt
edness, excluding de't existing at tho adoption of this Constitution, exceeding twe
ner centum on tve assest'd value of taxable property In uch county, as shown by
the last general assessment preceding; provided, however, that county, dtv,
town, vlllare or other siib-dlvlilon of the Plate of Ariz' na, may bond Its public debt
exlrtlng at the time of the sdnptlnn of this Constitution.
Pec 4. No debt In excess of the taxes for the current year shall tn any manner be
created by any county or sub-division thereof, or any city, town or vT-lage or any
siibsllvltlon thereof. In the state of Arizona, unless the proposition to create such '
deh'tha'lhavebeensuhmlttedtoa vote of the people thereof, end by them ap
proved. Skc. 6. Koclty, own or village, or snysub-dlvlslon thereof, or any suh-dlvtslnt
of any county of the State of Arizona shall In any canner create an Indebtedness
exceeding two per centum on the assessed value of the taxable property herein
provided, however, that any city, town or village may be snthorlze1 to create enad
dltlonallndebtedn ss not exceeilnr four per centum on the asessed value of the
taxable property therein, as shown by the last preceding general assessment for tht
purpose of building sewerage thersln. "ebts contracted fat supplying water to such
city or town, and the debt exlst'ng at the time of the adoption of this Constitution
are excepted from the openit'on ftf this Section
Sec. 6. No money shall be paid out of the State Treasury except upon appropri
tion by law and a warrant drawn by the proper officer, and no bills, claims, to
counts, or demands against the 8tate, or anr county or political tutwlivltlcn there
of, shall be audited, allowed or paid until a full itemized statement in wrttiDg veri
fied by affidavit, shall be filed with the officer or officers whose duty it may bete
audit the ssmo.
Bec 7. No bond or evidence of Indebtedness of the f tate shall be valid nnless
the same shall have endowed thereon n certificate signed by the Auditor and Se'cre
tary of S ate, that the bond or evidence ot debt Is issued pnru'ant to law, and if' '
within the debt limit. No bond of anv county or bond of any township or other pol
ltlcil sub-dlvitlon, shall be valid unless the same Bhall hlive e'ndorted thereon' a cer.'
tlfieate signed by the Chairman of the Board of Supervisors, orbther officer author
ized by law to sign such certificate, stating that 'said bond tt ittued pursuant'to law,
and la within the debt limit.
.- j
AETIOIJS Vin.
n
KHJCATtON, ,; .
BicnoM T. The Legislature si Its first teision after'the adoption of this ContUtri '
tion, shall establish and maintain a uniform system of tree common schools. "' '
8c. 2. The schools shall be open to all children ot the Btate ot Arizona, excepting '
the ohlldren of Indians not taxed,
Sic 3. All common schools, unlversltes and other educational Inttltutlont. for
the support of Which lands haTO been granted to the State, or which are supported
by a pnbllo tax, shall remain under the abtolate and exclusive control of the State, '
ind no money raled for the support ot the public schools of the State shall be appro
priatedrruted forthetuppnrtof any educational institution, wholly, or In part,
under sectarian or ecclesiastical control. Np religious telt or quallScatlori shal).
iver tertquirid of any jH)ron ai a condition otadmliston into any public educa-'
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