Newspaper Page Text
THE ARIZONA REPUBLICAN, MONDAY MORNING-, DECEMBEB"5, 1910,
PROPOSED CONSTITUTION
OF STATE OF
(Continued From Page One.)
their approval or disapproval of the
measure.
The text of all measures to he sub
mitted shall he published as proposed
amendments to the Constitution are
published, and in submitting such
; measures and proposed amendments
i the Secretary of State and all other
officers shall he guided by the gen
' . i i ..it i . i ,.:... . .. i ... 1 1 i
i oral law until legislation shall he es-
, ' pecially provided therefor,
dependents of the Legislature; and if two or more conflicting 'measures
they also reserve, for use at their or amendments to the Constitution
own option, the power to approve or shall be approved by the people at
the same election, the measure or
amendment receiving the greatest
number of affirmative votes shall
..i-..!l S.i oil ,o r r li c iu In t.-lltnll
The first of these reserved powers ,,. ,s COIlflict.
reject at the polls any Act. or item,
section, or part of any Act. of the
Legislature.
Is-the Initiative. Under this power
ten per centum of the qualified elec
tors shall have the right to propose
any measure, ami fifteen per centum
shall have the right to propose any
amendment to the Constitution.
The second of these reserved powers
Ik the Referendum. Under this pow
er the Legislature, or five per cent-
It shall be the duty of the Sec
retary of State, In the presence of
the Governor and the Chief Justice
of the Supreme Court, to canvass the
I votes for and against each such
measure or prosed amendment to the
Constitution within thirty days after
the election, and upon the comple
tion of the canva.-s the Governor shall
u.n of the qualified net-tor, may or- fwlm.u ,sslp a prot.iamation. giv
der the submission to the people at
the polls of stny measure, or item.' sec
tion, or part of any measure, enacted
by the Legislature, except laws Im
mediately necessary for the preser-
ing the whole number of votes cast
for and against each measure or
proposed amendment, and declaring
such measures or amendments as are
mitiiifiiil li- 'i mninrill- nf those VOt-
vnlion of the public peace. Health, or n t( ,)f ,aw
safety, or for the support and main- Ths sMUm not ,)e constnlP(1
leuance 01 me iieparwiciiis 01 me
State Government and State Institu
tions; but to allow opportunity for
Referendum Petitions, no Act passed
by the Legisuature shall he operative
for ninety days after the close of
the session of the Legislature enact
ing such measure, except such as re
quire earlier operation to preserve
the public, peace, health, or safety,
or appropriations for the support and
maintenance of the Departments or
the State and of State institutions:
Provided, that no such emergency
measure shall be considered passed by
the Legislature unless it shall state in a
separate section why it is necessary
that it shall become immediately op
erative, and shall be approved by the
to deprive the Legislature of the
right to enact any measure.
The Legislature shall provide a
penalty for any wilful violation of any
! of the provisions of this section.
This section of the Constitution
shall be. in all respects, self- executing.
(The Legislature.)
Sec. 1. Until otherwise provided
by law the Senate shall consist of
19 members, and the House of Repre
sentatives of 25 members, and Sena
tors and Representatives shall he ap
portioned among the several coun
ties as follows:
affirmative votes of two- hlrds of e , Cou , ,
members elected to each House of the , 1 , 0oclj,se c.oumv , Sena
JZ . 7 Representatives: Coconino
and nays, and also approved by the
Governor and should such measure
be vetoed by the Governor it shall
I
County, 1 Senator, 1 Representative; I
Gila County.
Senators,
Repre-
not become a law unless it shall he ( Representatives: Greenloe
approved by the votes of three-fourths Countv x Senator. 2 Representatives:
of the members elected to each iarIco,)a countv. 2 Senators, f. Re
House of the Legislature, taken by ,)resientatlves; Mohave County. 1 Sen
roll call of ayes and nays. atf)r j Representative; Navajo Coun
All petitions submitted under the tv j Sena,r, i Representative: Pima
power of the Initiative shall be known ' rountv. Senators. :i Representatives:
as Initiative Petitions, and shall be pJna, 'Countv j Senator. 1 Represen
filed with the Secretary of State tatlve. Santa CnIZ County. 1 Senator,
not less than four months preceding, Representative: Yavapai County. 2
the date of the election at which the Senalors Representatives; Yuma
measure so proposed are to be voted Colmtv senator. 2 Representatives,
upon. All petitions submitted under. Sec; 1( Xo person shall be a mem
the power of the Referendum shall be ,)pr of tJjc LeKisiature unless he shall
known as Referendum Petitions, and ,)e a citizen ,)f tne United States at
shall be filed with the Secretary or,tne Ump of ,)is election, nor unless
State not more than ninety days after ,)p Hha ,)p at ,past ,wt.ntv-five years
the final adjournment of the session ' of age anf, sna have 1)ee1 a resident
or the Legislature which shall have,of Ari'zona at least three years and
passed the measure to which the of the countv fronl wnich jie s
Referendum Is applied. The filing, of , plpcte, at Ieast one Vear before his
a Referendum Petition against any olectlon
item, section, or part of any measure I gpc .." Tne sessIons of the Legisla
shall not prevent Uie remainder of ture smU ,)e np,d bienniap.y at the
such measure from becoming opera- Ca,)Uol of the state, and except as
five, j to tne fjr8t session thereof, shall
Any measure or amendment to the Oommence on the second Monday of
Constitution proposed under the Initia- janilry next after the election of
tive and any measure which the Ref- n,embers of the legislature. The first
erendum Is applied, shall be referred , seMS)ion ..hall convene not less than
to a vote of the qualified electors. J hrtv Ilor tnore ti,a sixty days after
anu snan. uecome mw mo "l'l"""' . the qdmisslou of the State Into tne
Union. The Governor may call a
special session whenever in his judg
ment It is advisable. In culling such
special session, the Governor shall
tv the suhleets to be considered
erendum measures approved by a ma-1 . . session a,,d at such session
jority of the qualified electors. j n0 IaWH shall ue enacted except
The whole number of votes cast tor, suci, as relate to the subjects men
c all candidates for Governor at the toed in such call.
general election last preceding the j Spc 4 Xo person holding any pub
filing of any Initiative or Referendum ,ic oflice nf profit or trust under the
Petition on a Stat or County ms- ' alltnoritv of the United States, or of
are shall be the basis on which the ! t,jjs Statet snau be a member of the
number of qualified electors required i Legislature; Provided, that appoint
to sign such petition shall be com- j T,ents In the State militia and the
puted. ' offices of notary public, justice of
The powers of the Initiative and llpaCe. United States eommlsslon-
the Referendum are hereby further re- I e an( ,,oStmaster of the fourth class,
served to the qualified electors of shal, not work dlsqtialification for
every incorporated city, town, and momi)ership within the meaning or
county as to all local, city, town, or : tns section.
county matters on which such incor- gec r, xo member of the Legls
prated cities, towns, and counties are jatre during the term for which he
or shall be empowered by general j sJ)an Jmve )ecn elected, shall be ap
laws to legislate. Such incorporated ' pointed or elected to any civil office
cities, towns, and counties may pre- nf profit under this State, which
scribe the manner of exercising said I snan have been created, or the emol-
by a majority of the votes cast there
on and upon proclamation or the
Governor, and not otherwise.
The veto power of the Governor
shall not extend to Initiative tir Ref- :
as to so much thereof as shall not
be embraced in the title.
Sec. 14. Xo act shall be revised or
amended by mere reference to the
title, but the act as amended shall
be set forth and published at full
length.
Sec. l.'i. A majority or all members
elected to each House shall he nec
essary to pass any bill, and all bills
so passed shall be signed by the
presiding officer of eacli House.
Sec. 1(5. Any member of the Legis
lature shall have the right to protest
and have the reasons of his protest
entered on the Journal.
Sec. -7. The Legislature shall never
grant any extra compensation to any
public officer, agent, servant, or con
tractor after the services shall have
been rendered or the contract en
tered Into, nor shall the compensation
of any public officer be Increased or
diminished during his term of office.
Sec. IS. The Legislature shall di
rect by law in what manner and in
what courts suits may be brought
against the State.
Sec. 19. The Legislature shall not
pass local or special laws in any of
the following cases, that Is to say:
I. Granting divorces.
1", locating or changing county
seats.
.!. Changing rules of evidence.
4. Changing the law of descent or
succession.
.". Regulating the practice of
courts of justice.
C. Limitation of civil actions or
giving effect to informal or Invalid
deeds.
7. Punishment of crimes ami mis
demeanors. 5. Laying out. opening, altering,
or vacating roads, plats, streets, al
leys, and public squares.
9. Assessment and collection of
taxes.
in. Regulating the rate of Interest
on money.
II. The conduct of elections.
12. Affecting the estates of de
ceased persons or of minors.
in. Granting to ' any corporation,
association, or Individual any special
or exclusive privileges. Immunities,
or franchises.
14. Jtemittlng fines, penalties, and
forfeitures.
1.".. Changing names of persons or
places.
10. Regulating the jurisdiction and
duties of justices of the peace.
17. Incorporation of cities, towns,
or vllliages, or amending their char
ters. 15. Relinquishing any indebted
ness, liability, or obligation to this
State.
19. Summoning and empanelling
of Juries.
20. When a general law can be
made applicable.
See. 20. The general appropriation
bill shall embrace nothing hut appro
priations for the different depart
ments of the State, for State institu
tions, for public schools, and for
Interest on the public debt. All other
appropriations shall be made by pe
arate bills, each embracing but one
subject.
Sec. 21. The members of the first
Legislature shall hold office until
January 1. 1913. The terms of office
of the members of succeeding Legis
latures shall be two years.
Sec. 22. Until otherwise provided
by law. members of the Legislature
shall receive seven dollars per day:
Provided, however, that they shall
receive such salary for a period not to
exceed sixty days in any one session.
They shall also receive mileage one
way by the shortest practicable route
at the rate of twenty cents per mile.
Sec. 2:i. It shall not be lawful for
any person holding public office in
this State to accept or use a pass or
to purchase transportation from any
railroad or other corporation, other
than as such transportation may be
purchased by the general public; Pro
vided, that this shall not apply to
members of the .National "Guard of
Arizona traveling tinder orders. The
Legislature shall pass laws to enforce
this provision.
tion, and pardons, after convictions. ' and judges so eleeted shall hold of
for all offenses except treason :nd flee until thrir successors are elected
cases of impeachment, upon such
conditions and with such restrictions
and limitations as may be provided
! by law.
See. In case of the Impeaclvmeut
and qualify.
If a vacancy occur in the office of
judge of the Supreme Court, the Gov
ernor may appoint a rson to fill
such vacancy until the election and
of the Governor, or his removal 'rom ! qualification or a judge to hold said
J orfice, death, inability to discharge j office, which election .shall take place
the duties of his office, resignation. ' at the next succeeding general elec
j or absence from the State, the powers ! tion, and the person so eleeted shall
I and duties of the office shall de- j hold office for the remainder of the
! volve . upon the Secretary of State j unexpired term.
until the disability, ceases, or during
the remained!' of the term.
Sec. 7. lOvery hill passed by the
Legislature, before it becomes a law.
shall be presented to the Governor.
If he. approve he" shall sign it, ml it
Whenever for, any re.-ioon any judge
shall be disqualified from acting in
any cause brought before said court,
the leniainiug judges of said court
shall call one of the judges of the
superior court to sit with theiu on
shall become a law provided in this, the hearing of said cause
Constitution. Rut if he disapprove.
I he shall return It, with his objections.
to the House In which it originated, nient
The sessions of the Supreme Court
shall be held at the seat of govern-
whicli shall enter the objections at
large on the journal. If after recon
sideration it again passes both Houses
by an aye and nay 'vol.- on roll call
of two-thirds of the members elected
to each House, It shall become a law
'.as provided In this Constitution, not-
The judges of the Supreme Court
shall be elected at the general State
election by the qualified electors of
thw State at lrge. The names of all
candidates for the office of Judge of
the Supreme Court shall he placed mi
the regular ballot in alphabetical or
j withstanding the Governor's objee- ,-,., w jlnout partisan or other designa
tions. Tins section snail 1101 apply 10 1 , fxfVpt the title of the office,
emergency measures as referred to in 1 Hec 4 TllH Supreme Court shall
Section 1 or the Article 011 the Legls- j lum. original jurisdiction in habeas
latlve Department. ; r,,rpl,s. and quo warranto and man-
ir any bill be not returned within
five days after it shall have been pre
sented to the Governor (Sunday ex
cepted) such bill shall become a law
in like manner as if he had signed
it. unless the Legislature by Its final
adjournment prevents its return, in
which case it shall be filed with his
objections in the office of the Secre
tary of State within ten days alter
such adjournment (Sundays excepted)
or become a law as provided in this
1 Constitution. After the final action
! bv the Governor, or following Mie
adoption of a bill notwithstanding
his objection, it shall be filed with
the Secretary of State.
If anv bill presented to the Gover
nor' contain several items of appro-
damns as to all State officers. It
shall' have appellate jurisdiction in
all actions and proceedings, but its
appellate jurisdiction shall not ex
tend to civil action at law for re
covery of money or personal property
where the original amount in contro
versy, or the value of the property,
do-.s not exceed the sum of two hun
dred dollars, unless the action involves
the validity of a tax, impost, assess
ment, toll, municipal fine, or statute.
The Supreme Court shall also have
power to issue writs of mandanuu.
review, prohibition, habeas corpus,
certioari. and all other writs neces
sary and proper to the complete ex
ercise of its appellate and revisory
jurisdiction.
powers within the restrictions Of gen
cral laws. Under the iower of the
Initiative fifteen per centum of the
qualified electors may propose meas
ures on such local, city, town or
county matters, and ten per centum of
the electors may order the Referen
dum on legislation enacted within and
by such city, town, or county.
Until provided by general law, said
cities and towns may prescribe the
basis on which said percentage shall
be computed.
Every Initiative or Referendum Pe
tition shall be addressed to the Sec
retary of State in the case of peii
tionsWor or on State measures, and
to the clerk of the board of super
visors, city clerk, or corresponding
officer in the ' case of petitions for
or on county, city, or town measures;
and shall contain the declaration of
each petitioner, for himself, that he
Is a qualified elector or the State
(and in the case or petitions ror or
on city, town, or county measures,
of the city. town, or county affected,)
his postofflce address, the street and
number, if any. of his residence, and
the date on which he signed such pe
tition. Each sheet containing peti
tioners' signatures shall be attached
to a full and correct copy of the title
and text of the measure so proposed
to be initiated or referred to the peo
ple, and every shet of every such
petition containing signaturs shall
bo verified by the affidavit of the
person who circulated said sliest or
petition, setting forth that each of
the names on said sheet was signed
in the presence of the affiant and
that in the belief of the affiant each
signer was a qualified elector of the
State, or In the case of cit5 town,
or county measure, of the city, town,
,or county affected by the measure so
proposed to be initiated or referred
to -the people.
When any Initiative or Referendum
Petition or any measure referred to
the people by the Legislature shall
be filed, in accordance with this sec
tion, with the Secretary of State, he
shall cause to be printed on the of
ficial ballol at the next regular gen
eral election the title and number of
said measure together with the words
"Yes" and "Xo" in such manner that
the electors may express' at the iolls
uments of which shall have been in
creased during said term.
Sec. fi. .Members of the Legis
lature shall be privileged from ar
rest in all cases except treason, fel
ony and breach of the peace and they
shall not be subject to any civil pro
cess, during the session or the Legis
lature, nor for fifteen days next be
fore the commencement of each ses
sion. Sec. 7. Xo member of the Legisla
ture shall be liable in any civil action
or criminal prosecution for words
spoken in debate.
Sec. S. Each House, when as
sembled, shall choose its own officers.
Judge of the election and qualifica
tion of ILs own members, and deter
mine its own rules of procedure.
Sec. 9. The majority or the mem
bers or each House shall constitute
a quorum to do business, but a smal
ler number may meet, adjourn irom
day to day, and compel the atten
dance of absent members, in sucli
manner and under such penalties as
each House mrfy prescribe. Neither
House shall adjourn ror more than
.three days, nor to any place other
than that in which it may be sitting,
without the consent or the other.
Sec. 10. Each House shall keep a
jtirnal or Its proceedings, and at the
request or two members the ayes
and nays on roll call on any question
shall be entered.
Sec. 11. Each House may punish
Its members ror disorderly behavior,
and may. with the" concurrence of
two-thirds of Its members, expel any
member.
Sec. 12. Every bill shall be read In
full on three difierent days In each
House. The reading of 11 bill by sec
tions on its final passage shall In no
case be dispensed with, and the vote
on the final passage of any bill or
resolution shall be taken by ayes and
nays on roll call. Every measure
when finally passed shall be pre
sented to the Governor for his appro
val or disapproval.
Sec. in. Every act shall embrace
but one subject and matters properly
connected therewith, which subject
shall be expressed" in the title; but if
any subject shall be embraced in an
act which shall not be expressed In
the title, such act shall be void only
EXECUTIVE DEPARTMENT.
. .. 1.,. ,.!..., ... J"""1
liriailOHS 01 lliouev, lit- iiiuj "lyii I mi... c ..l.n 1.......
. .,, ...1.11.. ,, I I hi- ,-iuiii'iur V.UUII .-iii.iii nan-
one or more of such Items uh ile W- exclusive Jurisdiction to hear
nrm- iiL' other iiortions or the bill. Ill .. . .
such case he shall append to the bill
at the time or signing it a statement
or the item of items which he dclines
to approve, together with his reasons
thereior. and such item or Items shall
not take eHect unless passed over the
Governor's objections as In this sec
tion provided.
The veto power or the Governor shall
not extend to any bill passed by the
Legislature and reierred to the peo
ple for adoption or rejection.
See. S. When any office shall, for
any cause, become vacant, and no
mode shall be provided by the Consti
tution or by law for filling such
vacancy, the Governor shall have
the power to fill such vacancy, by
appointment.
Sec. 9. The powers and diities of
Secretary of State. State Treasurer.
State Auditor. Attorney General, and
Superintendent or Public Instruction
shall be as prescribed by law.
Sec. 10. No person shall be eligible
to succeed himself to the ofrice of
State Treasurer for the succeeding
two years the expiration of the term
for which he shall have been elected.
Sec. 11. The returns of the elec
tion ror all State officers shall he
canvassed, and certificates of elec
tion Issued by the Secretary of State,
in such manner as mar-be. provided
by law.
See. 12: AH' commissions shall Is
sue in the name or the State, and
shall he signed by the Governor,
sealed with the seal or the State, and
attested by the Secretary of State
Sec. i::. Until otherwise provided
by law the salaries of the State of
ricers shall be as rollows:
Governor. Four thousand dollars
and determine all cases between coun
ties concerning disputed boundaries
and surveys thereor. or concerning
claims of one county against another.
Such trials shall be to the court T.ith
out a jury.
Each judge of the Supreme Court
shall have power to isue writs of ha
beas corpus to any part of the State
upon petition by. or on behalf of. any
person held in actual custody, and
may make such writs returnable be
fore himself, or before the Suprme
Court, or before any superior court
of the State or any judge thereof.
Sec. S. There utiall be in each of
the organized counties of the Htate
a superior court, for which at least
one judge shall be elected by the qual
iried electors of the county at the
general election; Provided, that for
each county having a census enumer
ation greater than thirty thouunnil In
habitants, one judge of the superior
court for every additional thirty thous
and inhabitants, or majority fraction
thereof, may be provided by law. In
any county where there shall he more
than one judge or the superior court,
there may be as many sessions of the
superior court at the same time as
there are judges thereof, and the busi
ness of the court shall be so distribu
ted and assigned by law. or in the
absence of legislation therefor y
such rules and orders of the court
as shall lest promote and secure the
convenient and expeditious transaction
thereor.
The judgments, decrees, orders, and
proceedings of any session or the
superior court held by any one or
more of the Judges of such court shall
be equally effectual hs If all the
JudgeH of said court had presided at
such seB.sion.
The first judges of the superior
court shall b- elected at the general
election to be held undT the provis
ions of the Enabling Act. approved
Sec. 1. The Executive Department
of the State shall consist of Gov
ernor, Secretary of State, State Audi-'
tor. State Treasurer, Attorney General,
and Superintendent of Public Instruc
tion, each of whom shall hold his of
fice for two years beginning on the
first Monday of January next lifter
his election, except that the terms
or orfice or those elected at the elec
tion provided in the Enabling Act ap
proved June 30th. 1910. shall begin
when the State shall he admitted Into
the Union, and shall end on the first
Monday in January, A. D. 1910. or
when their successors are elected and
qualify.
The persons, respectively, having
the highest number of votes cast for
the office voted for shall be elected:
but if two or more persons shall have
an equal and the highest number of
votes for any one of said offices, the
two Houses of the Legislature at Its
next regular session shall elect forth
with, by Joint ballot, one of such per
sons Tor said orfice.
The offices of the Executive De
partment during their terms of office
shall reside at the seat of govern
ment, where they shall keep their
offices and the public records, hoiks,
nnd papers. They shall perform such
duties as are prescribed by this Con
stitution and as may be provided by
law.
Sec. 2. Xo person shall be eligible
to any offices mentioned in Section
1 of this article except a male per
son of the age of not less than
twenty-five years who shall have been
for ten years next preceding his
election a citizen or the United States,
and for five years next preceding Ills
election a citizen of Arizona.
Sec. U. The Governor shall be
commander-in-chief of the military
forces of the State, except when
such rorces shall be called Into the
service of the United States.
Sec. 4. The Governor shall tran
sact all executive business with the
orficers or the government, civil and
military, and may require inrorma
tion In writing irom the orficers In j
the Executive Department, upon any
subject relating to the duties of their
respective orfices. He shall take care
that the laws are faithfully exe
cuted. He may convene the Legisla
ture In extraordinary session. He
shall communicate, by messag.o to the
Legislature at every session the con
dition of the State and recommend
such matters as he shall deem expe
dient. Sec. 5. The Governor shall have
power to grant reprieves, commuta-
per annum.
Secretary of State. Three thousand
five hundred dollars per annum.
State Auditor. Three thousand dol
lars per annum.
State Treasurer, three thousand dol
lars nor annum. June 20, 1910. Their ttrtn of office
Attorney General, twenty-five bun- j H,n j,e co-terminous with that of
dred dollars per annum. 1 the Governor of the Stnte elected at
Superintendent of Public Instruc- j ,u. .uanie time. Thereafter th term
tion. Twenty-five hundred dollars per , of f(vv (r Ml judges of thr superior
annum. 1 court slmll be four yenr. from and
1 after the first Mondar In January
JUDICIAL DEPARTMENT. j next succeeding their election and un-
' til their successors re elected and
Sec. 1. The judicial power of the ! ,ulnfy.
State shall be vested in a supreme A jdgrs of the uprior court
court, superior courts. Justices of thei sna, be eUcted at the general Sutr
peace, and such courts inferior to the j election by the qualified electors of
superior courts as may be provided (J)er respective counties. The names
by law.- I of all candidates for the office of judge
Sec. 2. The Supreme Court shall . I4f tj0 superior court ahull be placed
consist of three judges, a majority of j ( t,e regular ballot in alphabetical
whom shall be necessary to form a ! rder, without any partisan or other
miormii and pronounce a decision. The
said court shall always be open for
the transaction of business, except on
non-judicial days. In the determina
tion of causes, all decisions of the
court shall be given in writing, and
the grounds of the decisions snail ne
stated. The number or judges may
be Increased or diminished from time
to time by law; Provided, that said
court shall at all times be constituted
of at least three Judges.
Sec. S. Judges or the Supreme
Court shall be elected at the general
election to be held under tne pro
visions of the Enabling Act approved
June 20. 1910. Their term of office
shall be co-termlnous with that of
the Governor or the State elected at
the same time, and the one receiving
the highest number or votes shall be
the Chler Justice. At the first general
Stnte election thereafter, held under
this Constitution, at which a gover
nor is voted for. three Judges of the
Supreme Court shall he elected, and
the judges elected thereat shall he
classified by lot. so that one shall
hold office for a term of six years,
one for a terni of four years, ami one
for a term of two years, from and
after the first Monday in January
next succeeding said election. The lot
shall he drawn by the Judges-elect,
who shall assemble for that purpose
at the State Capitol and shall cause
the results to be certified to the Sec
retary or State, who shall file the
same In his orfice.
The judge having the shortest time
"to serve, and not holding his orfice
hv appointment or by election to rill
a vacancy, shall he the Chief Justice
and shall preside at all sessions of
the Supreme Court. In case of ab
sence of the Chief Justice, the Judge
having in like manner the shortest
time to scrvs shall preside.-
After the first State election one
Judge may he elected every two years
at the general election, and the term
or the Judge elected shall be six years
from and after the first Monday In
January next succeeding his election,
designation except the title of the
office, if a vacancy occur In the of
fice of a. judge of the superior court,
the Governor shall appoint i person
to fill the vacancy until the election
and qualification of a judge to hold
said office, which election shall be at
the next succeeding general election,
and the' Judge so elected xhnll lwld
office for the remainder of the unex
pired term.
Sec. fl.The superior court shall hare
original jurisdiction in all cases of
equity and in all cases at law which
Involve the title to, or the possession
of, real property, or the legality of any
tax. Impost, assessment, toll, or muni
cipal fine, and In all other cases in
which the demand, or the value of the
property, in controversy amounts to
two hundred dollars, and in all crim
inal cases amounting to felony, and In
afl cases of misdemeanor not oth-r-wl.H'
provided ror b law: of actions
of forcible entry and detainer; of pro
ceedings in Insolvency, of actions to
prevent or abate nuisance: of all mat
ters of probate; of divorce and for an
nulment of marriage; and for such
special cases and proceedings as are
not otherwise provided for.
The superior court shall also have
original jurisdiction in all cases and
or all proceedings in wklch Jurisdic
tion shall not hav been by law vested
exclusively In some other court; ami.
said eurt shall have the power f
naturalization and to issue papers
therefor. Said court shall have such
appellate jurisdiction In cases arising
in justices' and other Inferior courts
in their respective counties as may le
prescribed by law. The process of
said court shall extend to all parts of
the Stnte.
The superior court shrill have ex
clusive original Jurisdiction in all
proceedings and matters affecting de
pendent, neglected. Incorrigible, or
delinquent ehfldren. mr children ac
cused of crime, under the ajre of eiglt
t&en ywirs. The JudgeR of said courts
aiust hold examinations in chambers
of all such children concerning1 whom
proceedings are brought, in advance
of any criminal prosecution of such
children, and shall have the power, in
their discartion, to suspend criminal
prosecution for any offences that may
have been committal by such children.
The iower.s of said judges to control
such children shall he as prescribed
! by law .
The superior court shall t all
times, except on non-judicial days, be
open for the determination' of non
jury civil causes and for the trans
action of business. Tor the determi
nation of civil causes and matters
in which a jury demand has been en
tered, and for the trial of criminal
causes, a trial jury shall he drawn
and summoned from the body of the
county at least three times a year.
Superior courts and their judges
shall have the power to issue writs
of mandamus, quo warranto, review,
certiorari, prohibition, and writs of
habeas corpus on petition by, or on
behalf of. any person in actual cus
tody in their respective counties. In
junctions, attachments, and writs of
prohibition and of haleas corpus may
he issued and served on legal holidays
and non-judicial days. Grand juries
shall be drawn and summoned only
by order of the superior court.
Sec. 7. The Judge of any superior
court may hold a superior court in any
county at the request of the judgo of
the superior court thereof, anil, in
vase of the disqualification of the in
ability of the judge thereof to serve
and upon the request of the Go.-ernor.
shall do so.
Sec. S. Any judicial oft'lcer who
shall absent himself from the State
for more than sixty consecutive days
shall be deemed to haveforfeited his
officer Provided, that in case of ex
treme necessity, the Governor may
extend the leave of .ibsence." such time
as the necessity therefor shall exist.
Sec. 9. The number of justices of
the peace to be elected in incorporated
cities and towns and in precincts, and
j the powers, duties, and Jurisdiction of
1 justices of the peace, shall be deter
mined by .law: Provided, that such
jurisdiction granted shall not trench
upon the jurisdiction of any court of
record, except that said justices shall
have concurrent jurisdiction with the
superior court in cases of forcible
entry and detainer, where the rental
value does not exceed twenty-five
dollars per month and where the
whole amount of damage claimed jdoes
not exceed two hundred dollars
and provided that justices of the
peace may be made police justices of
incorporated cities and towns. Pro
secution may be instituted In courts
other than courts of record upon
sworn complaint.
I Sec. 10. The Supreme Court and
superior courts shall Ik courts of
record. Other courts of record may
be established by law, but courts of
justices or the pence shall not be
courts of record.
Tile salaries of the judges of the
Supreme Court shall be paid 'by the
State. One half of the salary of each
of the judges of the superior court
shall be paid by the State, and the
other one-half by the county for which
he is elected. Until otherwise pro
vided by law, each of the judges of
the Supreme Court shall receive an
annual salary of five thousand riol
lurs. Until otherwise provided bv law.
the judges of the superior courts in
ami for the counties of Maricopa.
Pima. Yavapai. Gila, and Cochise shall
each receive four thousand dollars per
annum: and the judges of the superior
courts in and for the counties of
Coconino. Apache. Navajo. Santa Crux.
Yuma. Pinal, Graham. Greenlee, and
Mohave shall each receive three thous
and dollars per annti n.
Sec. 11. Judges of the Supreme
Court and judges of the superior
courts shall not he eligible to any of
fice or public employment other than
a judicial office or employment, dur
ing the term for which they shall have
been elected.
Sec. 12. Judges shall not charge
juries with respect to matters of fact
nor comment thereon, but shall de
clare the law.
No judge of a court of record shall
practice law In any court in this
State during his continuance in of
fice. Sec. 13. No person shall be eligible
for the office of judge or the Su
preme Court, unless he shall be learn
ed in the law. at least thirty years
or age. and shall have been a judge
of. or admitted to practice before,
the highest court of Arizona, for at
least five years, and shall have been
a resident of Arizona for five years
next preceding his election.
No judge shall be eligible ror
the otTice of judge of the superior
court, unless he shall be learned in
the law, at least twenty-five years of
age. and shall have been admitted to
practice before the highest court of
Arizona for at least two years and I
shall have been a resident of Arizona j
for two years next preceding his elec- j
Hon. '
Sec. 14. The Judges of the Supreme
Court shall appoint a reporter for the
decisions of that court, who shall be
removable at their pleasure. He shall
receive such annual salary as may be
prescribed by law; and the" Supreme
Court shall have the power to fix
said salary until such salary shall be
determined by law.
Sec. l.'i. Every case submitted to 1
the Judge of a superior court for his
decision shall le decided within sixty
days from the submission thereor;
Provided, that if within said period
of sixty days, a rehearing shall have
been ordered, theperiod within which
he must decide shall commence at the
tiinetlieca.se is submitted on such
rehearing.
Sec. HI. Provisions for the speedy
publication of the opinions of the
Supreme Court shall be made by law.
and all opinions shall be free ror!
Sec. 1'.'. The judges or superior
courts may appoint such court ce-m-missioners
in their respective coun
ties as may be deemed necessary, who
shall have such powers and perform
such duties and . "receive such com
petition as may be provided by law.
Sec. 20. Tile style of all process
shall be "The State of Arizona." mid
all prosecutions shall be conducted in
th. iiame of the State of Arizona and
b its authority.
w'ec. 21. Every judge of the Su
priinc Court and every judge of ih.
superior court shall, before entering
upon the duties of his office, take and
subscribe an oath that he will support
the Constitution of the United States
and the Constitution of the State of
Arizona and will faithfuly and im
partially discharge the duties of judge
to the best of his ability, which oath
shall be filed in the office of ihe
Secretary of Stale.
See. 22. The pleadings and proceed
ings in criminal causes in the courts
shall be as provided by law. No cause
shall be reversed tor technical error
in pleading or proceedings when upon,
the whole case It shall appear tliat
substantial justice bus been done.
Sec. 2::. All laws relating to the
authority, jurisdiction, practice, and
procedure of district nnd probate
courts under laws heretofore enacted
by the . Legislative Assembly of .the
Territory or Arizona and In force at
the time of the admission of the State
into the Union, and not Inconsistent
with this Constitution, shall, so far us
applicable, apply to and govern su
perior courts, unless altered or re
pealed. Until otherwise provided,
superior courts shall have the same
appellate jurisdiction in cases arising
ill' courts or justices of the peace as
district courts now have under said
law. ,
Sec. 24. No change made by the
Legislature in the number or judges
shall work the removal of any judg
from office :and no judge's salary
shall be reduced during the term of
office for which he was elected.
(Recall of Public Officers.)
Sec. 1. Every public offteer In
the State of Arizona, holding an elec
tive office, either by election or ap
pointment, is subject to recall from
such office by the qualified elector
of the electorial district from which
candidates are elected to such offlc
Such electot district may include
the whole Si .e. Such number or
said electors as shall equal twenty
five per centum of the votes enst at
the last preceding general election for
all of the candidates for the otflce
held by such officer may by petition,
which shall be known as a Recall
Petition, demand his recall.
Sec. 2. Every Recall Petition must
contain a general statement in not
more than two hundred words of the
grounds of such demand, and must
be filed in the office in which peti
tions for nominations to the office held
by the incumbent are required to h
filed. The signatures to such Recall
Petition need not all be on one sheet
j of paper, but each signer must add
j to his signature the date of his sign
ing said petition, and his place of res
I ideiice. giving his street and number.
if any. should he reside in a town or
city. One of the signers of each
sheet of such petition, or the person
circulating such sheet, must make and
subscribe an oath on said sheet, that
the signatures thereon are genuine.
Sec. 3. If said officer shall offer his
resignation it shall be accepted, and'
the vacancy shall be filled as may be
provided by law. If he shall not re
sign within five days after a Recall
Petition Is filed, a special election
shall be ordered to be held, not less
than twenty, nor more than thirty
days after such order, to determine
whether such officer shall be re
called. On the ballots at said elec
tion shall be printed the reasons as
set forth in the petition for demand
ing his recall, and. in not more than
two hundred words, the officer's jus
tification of his course In office. He
shall continue to perforin the duties
of his office until the result of said
election shall be officially declared.
Sec. 4. Unless he otherwise request,
in writing, his name shall he placed
as a candidate on the official ballot
without nomination. Other candi
dates for the office may be nomi
nated to be voted for at said election.
The candidate who shall - receive the
highest number of votes, shall Ik- de
clared elected for the remainder of
the term. Unless the incumbent re
ceive the highest number of votes,
he shall be deemed to be removed
from office, upon qualification of his
successor. In the event that his suc
cessor shall not qualify within five
days after the result of said election
shall have been declared, the said of
fice shall be vacant, and muy be
rilled as provided by law.
See. 5. No Recall Petition slmll be
circulated against any officer until
he shall have held his office for a
period of six months, except that It
may be filed against a member of the
Legislature at any time after five
days from the beginning or the first
session after his election. After one
Recall Petition and election, no furth
er Recall Petition shall be filed
against the same officer during the
term for which he was elected un
less petitioners signing such petition
shall first pay into the public treas
ury which has paid such election ex
penses all expenses of the preceding
election.
Sec. 6. Th general election laws
shall apply to recall elections In so
far as applicable. I-aws necessary to
facilitate the operations of the pro
visions of this article, shall be en
acted, including provision for pay
ment by the public treasury f the
reasonable special election campaign
expenses f such officer.
publication by - any person.
Sec. 17. The judges of the Supreme
Court shall appoint a clerk of that
court, who shall beremovable at their
pleasure and shall receive such com
pensation, by salary only, as may be
provided by law; and the Supreme
Court shall have power to fix said;
salary until such salary shall be de
termined by law.
Sec. 18. There shall he elected in
each county by the qualified electors
thereof at the time of the election of
judges of the superior court thereof
a clerk or the superior court for a
term of four years, who shall have
such powers and perform such duties
and receive such compensation by
salary only, as shall be provided by
law. Until such salary shall be fixed
by law the hoard of supervisors shall
fix such salary-
(Impeachment.)
Sec. 1. The House of Representa
tives shall have the sole power of
impeachment. The concurrence of
a majority of all the members shall
be necessar to an impeachment. All
impeachments shall be tried by the
Sennte. and. when sitting for that
purpose, the Senators shall be upon
oath or affirmation to do justice ac
cording to law and evidence, and
shall be presided over by the Chief
Justice of the Supreme Court.
Should the Chief Justice be on trial,
or otherwise disqualified, the Senate
shall elect a Judge of the Supreme
Court to preside.
Sec. 2. No persons shall be con
victed without a concurrence of two
thirds of the Senators elected. The
. (Continued on Vase -Eishu
