Initiative and referendum publicity pamphlet, pamphlets containing measures to be submitted to the electors of Arizona.

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PHOENIX, ARIZONA
U. S." POSTAGE
Ie Paid
I SEC.43"~. P.L....... ]
58!( PERMIT No. 10
ed in 10 Days Postmaster ADDRESS
to Any One Desiring Same
Compiled and Issued by
James H. Kerby, Secretary of State
(Publication authorized under Par. 3332, Chapter I, Title XXII, Revised
Statutes of Arizona, 1913, Civil Code.)
Sub. Div. 53, Sec. 1, Chap. 95, Laws of 1927, Regular Session
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PLEASE READ CAREFULLY
Containing a Copy of the
PROPOSED AMENDMENTS TO THE CONSTITUTION
Proposed by the Legislature,
and Proposed by Initiative Petition of the People
REFERENDUM
Ordered by Petition of the People
INITIATIVE MEASURES
Proposed by Petition of the People
To be Submitted to the Qualified Electors of the State of Arizona for Their
Approval or Rejection at the
REGULAR GENERAL ELECTION
To be held on
THE SIXTH DAY OF NOVEMBER, 1928
Together with the Arguments filed, favoring and opposing
certain:6(said:measures.
STATE OF ARIZONA
INITIATIVE AND REFERENDUM
PUBLICITY PAMPHLET
1928
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101 No.
100 Yes.
REGULAR GENERAL ELECTION
To be submitted to the qualified electors of the State of Arizona for their ap­proval
or rejection at the
NOVEMBER 6, 1928
If you favor the above law, vote YES; if opposed, vote NO.
Proposed by Initiative Petition of the people and filed in the office of the Sec­retary
of State, July 5, 1928, in accordance with the provisions of Para­graph
3328, Chapter I, Title XXII, Revised Statutes of Arizona,
1913, Civil Code.
to be held on
Printed in Pursuance of Paragraph 3332, Chapter I, Title XXII, Revised Stat­utes
of Arizona, 1913, Civil Code.
PROPOSED AMENDMENT TO THE CONSTITUTION
PROPOSED BY INITIATIVE PETITION OF THE PEOPLE
JAMES H. KERBY, Secretary of State.
589
Submitted to the Electors of Arizona, November 6, 1928 3
'MEDICAL LIBERTY AMENDMENT"
THAT THE CONSTITUTION OF THE STATE OF ARIZONA BE AND
IS HEREBY AMENDED BY ADDING THERETO ANOTHER SECTION
TO ARTICLE II, DECLARATION OF RIGHTS, THE SAME TO BE NUM­BERED
35, PROVIDING THAT NO LAW SHALL BE ENACTED IN
THE STATE RESPECTING THE ESTABLISHMENT OF ANY METHOD
OF HEALING, OR PROHIBITING THE FREE EXERCISE OF THE
RIGHT OF ANY PERSON TO CHOOSE ANY METHOD OF HEALING,
OR THAT WILL COMPEL ANY HEALER TO BE EXAMINED BY A
BOARD OF EXAMINERS WHICH IS NOT ENTIRELY COMPOSED OF
MEMBERS OF HIS OR HER SCHOOL OF HEALING.
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The following is the form and number in which the question will be printed
on the Official Ballot:
590
4 Pamphlet Containing Amendments and Measures to he-- (On Official Ballot Nos. 100 and 101)
INITIATWE PETITION
AMENDMENT TO THE CONSTITUTION OF THE STATE OF ARIZONA
BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA:
THAT THE CONSTITUTION OF THE STATE OF ARIZONA BE AND
IS HEREBY AMENDED BY ADDING THERETO ANOTHER SECTION
TO ARTICLE II. DECLARATION OF RIGHTS, THE SAME TO BE
NUMBERED 35, AND TO READ AS FOLLOWS, TO-WIT:
Section 35. No law shall be enacted in this State respecting the establish_
ment of any method of healing, or prohibiting the free exercise of the right of
any person to choose any method of healing, or that will compel any healer to
be examined by a board of examiners which is not entirely composed of mem­bers
of his or her school of healing. AJI legislation conflicting with this amend.
ment is hereby repealed.
Filed July 5, 1928.
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101 No.
100 Yes.
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591
ARGUMENT
Submitted to the Electors of Arizona, November 6, 1928
The second clause sustains every person in his right to choose his own method
of healing or physician.
The third clause prevents any person or persons from compelling any healer
to be examined by any board of examiners which is not composed entirely of
members of his school of healing. This is the present practice and works well.
One school of healers can not rightfully examine members of entirely different
schools. A carpenter should not examine a plumber.
This amendment changes nothing, gives nothing, and takes nothing. Does
not let in quacks. It has been and is now the duty of the Legislature to say who
The first clause of this amendment prevents any school of healers from
gaining sufficient political power to establish itself as a monopoly and drive
out other schools of healers.
If you favor the above law vote YES; if opposed, vote NO.
PROPOSED AMENDMENT TO THE CONSTITUTION
PROPOSED BY INITIATIVE PETITION OF THE PEOPLE.
"MEDICAL LIBERTY AMENDMENT~'
THAT THE CONSTITUTION OF THE STATE OF ARIZONA BE AND
IS HEREBY AMENDED BY ADDING THERETO ANOTHER SECTION
TO ARTICLE II, DECLARATION OF RIGHTS, THE SAME TO BE NUM­BERED
35, PROVIDING THAT NO LAW SHALL BE ENACTED IN THE
STATE RESPECTING THE ESTABLISHMENT OF ANY METHOD OF
HEALING, OR PROHIBITING THE FREE EXERCISE OF THE RIGHT
OF ANY PERSON TO CHOOSE ANY METHOD OF HEALING, OR THAT
WILL COMPEL ANY HEALER TO BE EXAMINED BY A BOARD OF
EXAMINERS WHICH IS NOT ENTIRELY COMPOSED OF MEMBERS
OF HIS OR HER SCHOOL OF HEALING.
(Affirmative)
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Submitted by the Arizona Committee of the American Medical Liberty LeagiIe.
In favor of the Amendment designated on the Official ballot as follows:
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By John A. Messinger.
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592
6 Pamphlet Coritaining Amendments and Measures to be
(Signed)
ARIZONA COMMITTEE OF THE
AMERICAN MEDICAL LIBERTY LEAGUE.
-­shall
practice and who shall not. New healing schools coming in must go befo
the Legislature and demonstrate their value in order to legally practice. Th~e
amendment does not even. hint at restricting this duty of the Lell;is!ature. 1S
This amendment was made necessary when the "medical trust" tried to pass
its" Basic Science" law through our last Arizona Legislature thereby attacking
the right of citizens to choose their own physicians by practically outlawing all
drugless physicians.
By "medical trust" we do not mean the conscientious medical doctor who uses
poisonous drugs moderately because he thinks he can help his patients with them
but we mean the drug, vaccine, serum and other allied manufacturing interests
who intend to get rich quickly by getting compulsory medication laws passed
to enable them to force their products on to and into all persons as is done in the
army.
This measure is wordtd and designed to appeal to the layman who is overly
iealo
us
of his personal liberty and rights. A study of the full meaning of the
text of the petition, however, will convince any thinking person that the enact­ment
of this into an amendment to the constitution will throw down the bars
for admission to practice in the state to all sorts of irregulars and poorly trained
members of any school of healing.
Those who practice any method of 'healing might have non-contents and
ignorant persons, unable to pass the examinations prescribed, who would with­draw
and set up their own and an independent school of healing; under this
amendment they would be their own iudges as to their fitness to practice upon
the sick of the state.
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598
(Negative)
ARGpMENT
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Submitted to the Electors of Arizona, November.6, 1928
101 No.
100 Yes.
If you favor the above law, vote YES; if opposed, vote NO.
THAT THE CONSTITUTION OF THE STATE OF ARIZONA BE AND
IS HEREBY AMENDED BY ADDING THERETO ANOTHER SECTION
TO ARTICLE II, DECLARATION OF RIGHTS, THE SAME TO BE NUM­BERED
35, PROVIDING THAT NO LAW SHALL BE ENACTED IN THE
STATE RESPECTING THE ESTABLISHMENT OF ANY METHOD OF
HEALING, OR PROHIBITING THE FREE EXERCISE OF THE RIGHT
OF ANY PERSON TO CHOOSE ANY METHOD OF HEALING, OR THAT
WILL COMPEL ANY HEALER TO BE EXAMINED BY A BOARD OF
EXAMINERS WHICH IS NW' ENTIRELY COMPOSED OF MEMBERS
OF HIS OR HER SCHOOL OF HEALING.
PROPOSED AMENDMENT TO THE CONSTITUTION
PROPOSED BY INITIATIVE PETITION OF THE PEOPLE
"MEDICAL LIBERTY AMENDMENT"
Submitted by the Arizona State Medical Association, opposing the Amend­ment
designated on the official ballot as follows:
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Every person interested in the welfare of our state should work against and
vote against this proposed amendment.
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8 Pamphlet Containing Amendments and Measures to be ---
ARIZONA STATE MEDICAL ASSOCIATION,
By A. C. CARLSON, President.
On this course of reasoning it is easily seen that the amendment is pernicious
and would defeat much of the purpose for which it is planned.
Those who have loved ones and who think the best is none too good for them
will not wish to see requirements for practice of the healing art in the state
made any lower than they are at present. The amendment would cause a great
increase of suffering and a tremendous increase in the public's financial burden
for illness.
If this petition becomes an amendment to the constitution there will be no
easy way to remove it and no way whereby laws could be passed to properly
control those who administer to the sick.
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JAMES H. KERBY, Secretary of State.
.302-08"
Submitted to the Electors of Arizona, Novembe:.:..r~6.!--,~19:.:..2:.:..8_---=-9
PROPOSED AMENDMENT TO THE CONSTITUTION
PROPOSED BY THE LEGISLATURE
printed in Pursuance of Paragraph 3362, Chapter I, Title XXII, Revised Stat­utes
of Arizona, 1913, Civil Code.
103 No.
102 Yes.
To be submitted to the qualified electors of the State of Arizona for their ap­proval
or rejection at the
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If you favor the above law, vote YES; if opposed, vote NO.
REGULAR GENERAL ELECTION
Referred to the People by the Legislature and filed in the office of the Secretary
of State, March 9, 1927, in accordance with the provisions of Paragraph
3328, Chapter I, Title XXII, Revised Statutes of Arizona, 1913,
. Civil Code.
NOVEMBER 6, 1928
to be held on
TAX EXEMPTION FOR WIDOWS, HONORABLY DISCHARGED SOL­DIERS,
SAILOl;tS AND ARMY NURSES.
AN ACT PROPOSING TO AMEND SECTION 2, ARTICLE IX OF THE
CONSTITUTION OF THE STATE OF ARIZONA, AS AMENDED BY
CHAPTER 69 OF THE LAWS OF 1915 APPROVED BY THE PEOPLE,
RELATING TO PROPERTY EXEMPT FROM TAXATION, AND PRO
VIDING FOR THE SUBMISSION OF SAID PROPOSED AMENDMENT
TO THE ELECTORS OF THE STATE AT THE NEXT GENERAL
ELECTION.
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The following is the form and number in which the question will be printed
on the Official Ballot:
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA:
PROPOSING TO AMEND SECTION 2, ARTICLE IX OF THE CON_
STITUTION OF THE STATE OF ARIZONA, AS AMENDED BY CHAPTER
69 OF THE LAWS OF 1915 APPROVED BY THE PEOPLE, RELATING TO
PROPERTY EXEMPT FROM TAXATION, AND PROVIDING FOR THE
SUBMISSION OF SAID PROPOSED AMENDMENT TO THE ELECTORS
OF THE STATE AT THE NEXT GENERAL ELECTION.
AN ACT
(SENATE BILL NO. 49)
CHAPTER 41.
(On Official Ballot Nos. 102 and 103)
10 Pamphlet Containing Amendments and Measures to be
Section 1. There is hereby proposed an amendment to Section 2, Article
IX of the Constitution of the State of Arizona, as amended by Chapter 69 of
the Laws of 1915, approved by the people, to read as follows:
Sec. 2. That there shall be exempt from taxation all Federal, State county
and municipal property. Property of educational, charitable and religious
association or institutions not used or held for profit may be exempt from tax­ation
by law. Public debts, as evidenced by the bonds of Arizona, its counties,
municipalities, or other subdivisions, shall also be exempt from taxation. There
shall be further exempt from taxation the property of widows, honorably dis­charged
soldiers, sailors, United States Marines, members of revenue marine
service, and army nurses, residents of this State, not exceeding the amount of
two thousand dollars, where the total assessment of such widow and such other
persons named herein does not exceed five thousand dollars; provided, that no
such exemption shall be made for such person other than widows unless they
shall have served at least sixty days in the military or naval service of the United
States during time of War, and shall have been residents of this State prior to
January 1, 1927. All property in the State not exempt under the laws of the
United States or under this constitution, or exempt by law under the provisions
of this section shall be subject to taxation to be ascertained a.s provided by law.
This section shall be self.executing.
Sec. 2. When said proposed amendment shall be approved by a majority
of each House of the Legislature and entered on the respective journals thereof,
together with the ayes and nays thereon, the Secretary of State shall submit
such proposed amendment to the vote of the people at the next general electivn.
Approved March 9, 1927.
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Submitted to the Electors of Arizona, November 6, 1928
ARGUMENT
(Affirmative)
Submitted by The American Legion, Department of Arizona.
In favor of the Amendment designated on the officisJ ballot as follows:
PROPOSED AMENDMENT TO THE CONSTITUTION,
PROPOSED BY THE LEGISLATURE.
"TAX EXEMPTION FOR WIDOWS, HONORABLY DISCHARGED SOL­DIERS,
SAILORS AND ARMY NURSES."
AN ACT PROPOSING TO AMEND SECTION 2, ARTI,CLE IX OF THE
CONSTITUTION OF THE STATE OF ARIZONA, AS AMENDED BY
CHAPTER 69 OF THE LAWS OF 1915 APPROVED BY THE PEOPLE,
RELATING TO PROPERTY EXEMPT FROM TAXATION, AND PRO­VIDING
FOR THE SUBMISSION OF SAID PROPOSED AMENDMENT
TO THE ELECTORS OF THE STATE AT THE NEXT GENERAL
ELECTION."
If you favor the above law vote YES; if opposed, vote NO.
102 Yes.
103 No.
This amendment is offered in the hope that a small measure of relief may
be given war veterans of Arizona who 'lrc attempting to establish a little home
or a farm, and upon many of whom the assessment of taxes has been found to
impose an insurmountable hardship.
The vekrans' of Arizona who incurred disability in defense of our country
are entitled to the relief tlwt will accrue to them through the operation of this
Act.
In order to enjoy the provisions of this law, an ex-service man or woman
must have established residence in Arizona prior to January, 1927. An ex­emption
of $2,000 would be granted any veteran whose total assessment does
not exceed $5,000. If it is over that amount, no exemption would be allowed.
Many of our ex-service men and women, former residents of Arizona, have
removed to other states. Those remaining are so few in number that the amount
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Arizona's sons and daughters did not hesitate to defend their country when
the call came. In view of wht these veterans lost in earnings, due to their war
service, it will take many years, under even this modest tax exemption law,
before their rehabilitation can be accomplished.
Twenty-six (26) states have enacted monetary (bonus) laws granting liberal
relief to war veterans; 25 of them have enacted legislation granting exemption
from certain classes of taxation. We know that many of our war veterans who
incurred disability in line of duty or otherwise will soon have reached the peak
of their earning capacity. The operation of this Act will grant a measure of
.relief in such cases which would be a small investment compared with the amount
of taxes involved. .
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12 Pamphlet Containing Amendments and Measures to be
of exemption would be so small as to be hardly noticeable, this due to the fact
that many of them do not own taxable property. The operation of this A.ct
would not, therefore, place an undue burden upon the other tax-payers, but
would tend to assist veterans to become home-owners and substantial citizens
and therefore increase the capital assets of the State. '
Monetary statutes affecting ex-service men and women, in Arizona, are practi_
cally nil. New Mexico and Wyoming, with taxable conditions similar to those
in Arizona, both maintain, with excellent results, ~xemption laws more liberal
than this one proposed for Arizona. The amount exempted in Wyoming in 1924
was but a small portion of the assessed valuation of that State. Population
taxable property and other conditions in these states are very similar to thos~
in Arizona.
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301 No.
300 Yes.
to be held
If you favor the above law, vote YES; if opposed, vote NO.
ON NOVEMBER 6, 1928
REFERENDUM ORDERED BY PETITION OF THE PEOPLE
printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, Revised Stat­utes
of A.J:izona, 1913, Civil Code.
Referendum ordered by Petition of the People and filed in the office of the Sec­retary
of State, July 19, 1927, in accordance with the provisions of Para­graph
3328, Chapter 1, Title XXII, Revised Statutes of Arizona,
1913, Civil Code.
REGULAR GENERAL ELECTION
Submitted to the Electors of Arizona, November 6, 1928 13
JAMES H. KERBY, Secretary of State.
To be submitted to the qualified electors of the State of Arizona for their ap­proval
or rejection at the
"PEDDLERS' LICENSE TAX LAW AMENDMENT"
AN ACT TO AMEND SECTIONS 1 AND 3, OF CHAPTER 173, SES­SION
LAWS OF ARIZONA, 1921, RELATING TO THE REGULATION
OF TRAVELING MERCHANTS, HAWKERS, PEDDLERS AND ITIN­ERANT
VENDORS, AND PROVIDING FOR LICENSE TAXES FOR
THE CARRYING ON OF SU9H BUSINESS.
The following is the form and number in which the question will be printed
on the Official Ballot:
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14 . r 6f}!lphlet Containing Amendments and .Mea~uresto be - (On Official Ballot Nos. 300 and 301)
CHAPTER 45.
(HOUSE BILL NO. 60)
AN ACT
TO AMEND SECTIONS 1 AND 3, OF CHAPTER 173, SESSION LAWS
OF ARIZONA,1921, RELATING TO THE REGULATION OF TRAVELING
MERCHANTS, HAWKERS, PEDDLERS AND ITINERANT VENDORS
AND PROVIDING FOR LICENSE TAXES FOR THE CARRYING ON OF
SUCH BUSINESS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA:
Section 1. That Section 1, Chapter 173, Session Laws of Arizona, 1921, be,
and the same is hereby amended to read as follows:
Sec. 1. That every traveling merchant, hawker, peddler and itinerant
vendor vending or selling goods, wares or merchandise shall pay a license tax in
advanoe to the sheriff in every county in which said traveling merchant, hawker,
peddler or itinerant vendor carries on business, as follows:
For every traveling merchant, hawker, peddler or itinerant vendor selling
from trays or from a pack carried on his back or from any contrivance carried
on his person, fifty doliars per annum.
For every traveling merchant, hawker, peddler, or itinerant vendor, traveling
by carriage or other vehicle drawn by one horse or other animal, one hundred
dollars per annum.
For every traveling merchant, hawker, peddler or itinerant vendor traveling
by carriage or other vehicle drawn by two horses or other animals, one hundred
fifty dollars per annum.
For every traveling merchant, hawker, peddler or itinerant vendor traveling
by automobile or other mechanically propelled vehicle or carriage, two hundred
dollars per annum.
For every traveling merchant, hawker, peddler or itinerant vendor doing
business in or about any building, structure, tent, motor vehicle, railroad car,
boat, stationary vehicle, storeroom, or any other place for the exhibition or sale
of any manufactured goods, wares or merchandise, or agricultural, farm, nursery,
or horticultural products, for each such building, structure, tent, motor vehicle,
railroad car, boat, stationary vehicle, storeroom or other place, two hundred
dollars per annum, and for each assistant of any traveling merchant, hawker,
peddler, or itinerant vendor, there shall be paid twenty-five dollars per annum.
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Submitted to the Electors of Arizona, November 6, 1928 - :, (jj -~j.1
Sec. 2. That Section 3, Chapter 173, Session Laws of Arizona, 1921, be,
and the same is hereby amended to read as follows:
Sec. 3. All license taxes collected by the sheriff under the provisions of this
act shall be paid by him into the General Road Fund of the county in which
such tax is collected.
Provided, however, that the provisions of this act shall not apply to any
person selling agricultural, farm, nursery, or horticultural products, which are
grown or raised by such person offering the same for sale, and provided further,
that the provisions of this act shall not "apply to any incorporated city or town,
which, by its charter or ordinance is vested with power or authority to license
traveling merchants, hawkers, peddlers, or itinerant vendors, nor shall this act
apply to traveling salesmen or railway news agents.
Sec. 3. All acts and parts of acts in conflict with the provisions of this act
are hereby repealed.
"This Bill having remained with the Governor, five days, Sunday excepted,
the Legislature being in session, has become a law this ninth day of March, 1927."
(Signed) JAMES H. KERBY, Secretary of State.
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302 Yes. I 1'7'74-
303 No.
REGULAR GENERAL ELECTION
to be held on
JAMES H. KERBY, Secretary of State.
- REFERENDUM ORDERED BY PETITION OF THE PEOPLE
16 Pamphlet Containing Amendments and Measures to be -­..
The following is the form and number iJi which the question will be Printed
on the Official Ballot:
NOVEMBER 6, 1928
If you favor the above law, vote YES; if opposed, vote NO.
"PAYMENT OF COMMISSION OR EXPENSES FOR ISSUING SCHOOL
BONDS."
AN ACT TO AMEND PARAGRAPH 5276 OF THE REVISED STAT.
UTES OF ARIZONA, 1913, CIVIL CODE, AND TO PROVIDE THAT IT
SHALL BE UNLAWFUL FOR THE BOARD OF SUPERVISORS IN BE­HALF
OF ANY COUNTY OR OF THE BOARD OF SCHOOL TRUSTEES
OR THE CITY OR TOWN COUNCILOR THE GOVERNING BODY OF
ANY OTHER MUNICIPAL CORPORATION OR QUASI MUNICIPAL
CORPORATION TO ENTER INTO ANY AGREEMENT OR CONTRACT
WITH BIDDERS FOR BONDS FOR COMPENSATION OR PAYMENT
OF ANY EXPENSE FOR THE ISSUANCE OF ANY OF SAID BONDS
AND REPEALING ALL ACTS OR PARTS OF ACTS IN CONFLICT
HEREWITH.
To be submitted to the qualified electors of the State of Arizona for their ap­proval
or rejection at the
Proposed by Initiative Petition of the People and filed in the office of the Sec­retary
of State, July 20, 1927, in accordance with the provisions of Para­graph
3328, Chapter I, Title XXII, Revised Statutes of Arizona,
1913, Civil Code.
Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Revised Statutes
of Arizona, 1913, Civil Code.
CHAPTER 85.
(HOUSE BILL NO. 192)
It shall be unlawful for the board of supervisors in- behalf of the county or of
the Board of School 'l;rustees or the city or town council or the governing body
of any other municipal or quasi municipal corporation, as the case may be, to
directly or indirectly enter into any agreement, contract, compact or under­standing
whatsoever, with any bidder or prospective bidder, (or with the agents
or representatives of such) for the purchase of said bonds or other evidences of
indebtedness, under the terms of which said bidder or prospective bidder, is to
receive any compensation or other emolument for services, legal or otherwise,
or for any expense whatsoever in connection with the issuance and sale of said
bonds. And it shall be unlawful for the board of supervisors in behalf of the
county or of the board of school trustees or the city or town council or the gov-
5276. Before the sale of any of such bonds or other evidences of indebt­edness,
the board of supervisors, in behalf of the county or of the board of school
trustees, or the city or town council, or the governing body of any other mu­nicipal
corporation, as the case may be, shall at a regular meeting, or at a special
meeting called for that purpose, cause to be entered upon the record of said body
an order directing the sale of said bonds or other evidences of indebtedness, and
the date and hour of said sale, and shall cause a copy of said order to be pub­lished
for at least four consecutive weeks before said sale in such daily or weekly
newspaper or newspapers as may be designated by said body, together with a
notice that sealed proposals will be received, by them for the purchase of said
bonds, or other evidences of indebtedness, on the date and hour named in said
order. -
Section 1. That Section 5276 of the Revised Statutes of Arizona, 1913,
Civil Code, is hereby amended to read as folloWS:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA:
AN ACT
TO AMEND PARAGRAPH 5276 OF THE REVISED STATUTES OF
ARIZONA, 1913, CIVIL CODE, AND TO PROVIDE THAT IT SHALL BE
UNLAWFUL FOR THE BOARD OF SUPERVISORS IN BEHALF OF ANY
COUNTY OR OF THE BOARD OF SCHOOL TRUSTEES OR THE CITY
OR TOWN COUNCIL OR TJ?E GOVERNING BODY OF ANY OTHER
MUNICIPAL CORPORATION OR QUASI MUNICIPAL CORPORATION
TO ENTER INTO ANY AGREEMENT OR CONTRACT WITH BIDDERS
FOR BONDS FOR COMPENSATION OR PAYMENT OF ANY EXPENSE
FOR THE ISSUANCE OF ANY OF SAID BONDS, AND REPEALING ALL
ACTS OR PARTS OF ACTS IN CONFLICT HEREWITH.
(On Official Ballot Nos. 302 and 303)
Submitted to the Electors of Arizona, November 6,1928 17
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18 Pamphlet Containing Amendments and Measures to be - erning body of any municipal or quasi municipal corporation, as the .case may
be, to pay to any bidder or prospective bidder, (or to the agents or representa_
tives of such), for the purchase of said bonds or other evidences of indebtedness
any moneys or thing of value whatsoever in the way of compensation or other
emolument for services legal or otherwise or for any expense whatsoever in
connection with the issuance and sale of said bonds.
Said governing body shall, at said time, and at a meeting to be held for
l!Iuch purpose, open all sealed proposals received by them, and shall award the
purchase of said bonds to the highest and best responsible bidder; provided
that none of said bonds or other evidences of indebtedness shall be sold for ~
less amount than par with accrued interest. All bids or proposals received for
the purchase of said bonds, or other evidences of indebtedness, shall be accom.
panied by a certified check fora sum not less than five per cent of the total
amount of such bid, and.such governing body shall have the right to reject any
and all bids, and all such certified checks accompanying bids which are not
accepted, and which are rejected, shall be returned to the party tendering the
same.
The certified check so deposited by the successful bidder shall be retained by
said board of supervisors, or city or town council, and shall be forfeited in the
event that such bidder shall not carry out the terms of the contract provided
herein to be entered into; provided, however, that such forfeiture shall not be
deemed or taken as stipulated or liquidated damages for a breach of said con.
tract and shall not prevent such board of supervisors, or city or town council,
from recovering damages under said contract.
Sec. 2. All a()ts or parts of acts in conflict with the provisions of this act
are hereby repealed.
Approved March 16th, 1927.
to be held
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"2-'7009
Submitted to the Electors of Arizona, November 6, Hl28
305 No.
304 Yes.
REGULAR GENERAL ELECTION
REFERENDUM ORDERED BY PETITION OF THE PEOPLE
ON NOVEMBER 6, 1928
If you favor the above law, vote YES; if opposed, vote NO.
The following is the form and number in which the question will be printed
on the Official Ballot:
JAMES H. KERBY, Secretary of State.
"PHYSICAL EDUCATION AND TRAINING IN PUBLIC SCHOOLS."
AN ACT TO PROVIDE FOR PHYSICAL EDUCATION AND TRAINING
IN THE PUBLIC SCHOOLS OF THE STATE OF ARIZONA BUT NOT
INCLUDING THE UNIVERSITY OF ARIZONA OR THE STATE
TEACHERS COLLEGES OF THE STATE OF ARIZONA; PROVIDING
FOR THE APPOINTMENT OF A STATE PHYSICAL EDUCATION DI­RECTOR,
PRESCRIBING HIS QUALIFICATIONS, AND FIXING
SALARY; PROVIDING FOR A COURSE OF STUDY FOR PHYSICAL
EDUCATION; PRESCRIBING AND FIXING THE DUTIES OF BOARDS
OF EDUCATION, HIGH SCHOOL BOARDS AND BOARDS OFTRUS­TEES
AND PRESCRIBING THE DUTIES OF COUNTY SCHOOL AND
CITY SCHOOL SUPERINTENDENTS AND SCHOOL PRINCIPALS
AND PROVIDING FOR THE APPOINTMENT OF COUNTY, CITY,
TOWN AND DISTRICT PHYSICAL DIRECTORS.
Referendum ordered by Petition of the People and filed in the office of the Sec­retary
of State, July 16, 1927, in accordance with the provisions of Para­graph
3328, Chapter 1, Title XXII, Revised Statutes of Arizona,
1913, Civil Code.
To be submitted to the qualified electors of the State of Arizona for their ap­proval
or rejection at the
Printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, Revised Stat.
utes of Arizona, 1913, Civil Code.
.....1
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(On Official Ballot Nos. 304 and 305)
CHAPTER 93.
20 PampWet Containing Amendments a!1d Measures to be
AN ACT
TO PROVIDE FOR PHYSICAL EDUCATION AND TRAINING IN
THE PUBLIC SCHOOLS OF THE STATE OF ARIZONA BUT NOT IN­CLUDING
THE UNIVERSITY OF ARIZONA OR THE STATE TEACHERS
COLLEGES OF THE STATE OF ARIZONA; PROVIDING FOR THE AP­POINTMENT
OF A STATE :PHYSICAL EDUCATION DIRECTOR, PRES­CRIBING
HIS QUALIFICATIONS, AND FIXING SALARY; PROVIDING
FOR A COURSE OF STUDY FOR PHYSICAL EDUCATION; PRES­CRIBING
AND FIXING THE DUTIES OF BOARDS OF EDUCATION
HIGH SCHOOL BOARDS AND BOARDS OF TRUSTEES AND PRES~
CRIBING THE DUTIES OF COUNTY SCHOOL AND CITY SCHOOL
SUPERINTENDENTS AND SCHOOL PRINCIPALS AND PROVIDING
FOR THE APPOINTMENT OF COUNTY, CITY, TOWN, AND DIS­TRICT
PHYSICAL DIRECTORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA:
(HOUSE BILL NO. 145)
Section 1. Physical education as used in this act is defined as instruction in
physical development, the theory and practice of the art of physical exercise,
and instruction in hygiene; and the aims and purposes of the course of physical
education established under the provisions of this act shall be as follows:
To secure the teaching of the human anatomy, physiology and hygiene; the
effects of drugs, stimulants, unhealthful foods and drinks, and narcotics upon
the human system; to develop organic vigor, provide neuro-muscular training,
prrmote bodily and mental poise, correct postural defects, secure the more ad­vanced
forms of co-ordination, strength and endurance, and to promote such
desirable moral and social qualities as appreciation of art in nature; the value of
co-operation, self-subordination and obedience to authority; higher ideals, and
courage and wholesome interest in truly recreational activities; corrective and
development instruction and improvement; uniform -individual position, posture
and movement; and uniform mass positions, formations and progressive move­ments;
to promote a hygienic school and home life, secure scientific supervision
of the sanitation of school buildings, playgrounds and atWetic fields, and the
equipment thereof and to foster, promote and develop individual atWetic ac­tivities,
story plays and gymnastics, folk and singing games, folk and esthetic
dances, atWetic plays, atWetic games and contests and general health education.
Sec. 2. All pupils and students enrolled in the public schools of the State
of Arizona except pupils and students of the University of Arizona and the State
Teachers Colleges of the state and except such as may be excused therefrom
upon a certificate of a designated school physician and the order of the school
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Submitted to the Electors of Arizona, November 6, 1928
Sec. 4. There is hereby established the office of Director of Physical Educa­tion,
to act under the supervision of the State Superintendent of Public Instruc­tion.
The Director of physical education shall be nominated and appointed by
the State Superintendent of Public Instruction with the advice and approval of
the State Board of Education. He or she shall hold his or her office for a term
of two years and until his successor is appointed, approved and qualified; and
may be removed by the State Superintendent of Public Instruction with the
approval of a majority of the State Board of Education for a justifiable cause.
The first term of office of such Director shall extend for the period from the date
of his or her appointment under the provision of this law until the first Monday
in January of the second even numbered year thereafter, and thereafter the
term shall be for a period of two years as herein provided. No person shall be
appointed physical directors except a graduate of a complete course in physical
education from an approved University or College and who shall have at least
five years of experience as physical director in public or approved private schools
and who is the holder of a regular or special teacher's certificate of the State of
Arizona. He shall receive a salary to be fixed by the said State Board of Educa­tion
at not less than two thousand dollars nor more than three thousand dollars
per year and be allowed his or her necessary and actual expenses in visiting
schools, institutions, and school and board meetings in or out of the state which
expense bills shall be subject to audit and approval of said State Board of Educa­tion
and when allowed shall be paid out of the general fund appropriated for the
State Board of Education as authorized in the general appropriation bill.
Sec. 3. Each and every board having charge of any district, town, city or
county school in the State of Arizona shall have power and authority to desig­nate
one or more physicians to conduct any physical examinations necessary
or under the provisions of this act, and to fix a reasonable and uniform fee to
be charged for such physical exan;rinations, to be paid by the parents or guard­ians
requesting or desiring the same. Provided, however, that the certificate of
the county physician as well as the certificates of designated physicians, shall
be accepted as official for the purposes of this act. Provided further that when­ever
in the opinion of a majority of any of said boards, because of any great
distance necessary to be traveled, for the taking of such examination, or because
of sickness or disability or other justifiable cause it is deemed advisable to relieve
any pupil or .student from attendance upon the course of physical education
herein prescribed pending a physical examination by an authorized physician,
pupils or students applying therefor may be excused upon the certificate of school
physical director or if there should be no physical director then the certificate
of such pupil or student's teacher for a period not exceeding six months.
board, board of trustees, or other board concerned, because of physical disability,
or because of membership in any military organization under instruction by
officers of the American Army, shall be required to attend upon such courses of
physical education during periods which shall average not less than twenty
DJin
utes
in each school day; and for not less than two hours during each school
week.
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Sec. 5. It shall be the duty of the superintendents, principals and teacher
and of every school board,board of education and board of trustees of ever s
city, district, county and town school to provide for the carrying out and co:'
ducting of, and to enforce the courses of physical education prescribed herein
and to require that such physicaUnstructions be given in the schools under their
jurisdiction or control, by their regular teaching staff, or by special physical in­structors,
as provided in Section 9 of this act.
Sec. 6. It shall be the duty of the state physical director to prepare and
submit for approval of the State Board of Education all necessary blanks and
forms and an outline course of study for physical education within the schools
of the state together with proper and necessary instructions, references and
lesson plans, together with such additions, aids, bulletins, and pamphlets as
may be necessary or proper from time to time for the carrying out of the pur­poses
of this act; to see that such outlines, instructions and lesson plans are
carried out and enforced in all the schools of the state; to see that the different
schools of the state are supplied with the necessary conveniences and equipment
for the carrying out of the work contemplated under this act; to assist, direct
and supervise the teaching of physical education in the schools of the state and
to see that the spirit and purpose of this act is followed, enforced and carried
out by the respective boards and authorities of the state; to perform such other
duties and take such steps as may be necessary to insure the promotion of an
efficient progressive course of physical instruction within the state; to assist,
direct and supervise the observance of the national and state flag code of the
State of Arizona, and assist, direct, supervise and provide and to co-operate with
patriotic organizations in the holding of appropriate patriotic exercises on national
and state holidays.
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:608
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Sec. 7. The State Board of Education shall cause to be prepared by the
director of physical education a course of instruction in physical education
adapted to the ages and capabilities of the pupils of the several grades and
departments and prescribe the qualifications of teachers of physical education
and prescribe the time to be devoted to such education by each pupil and student
above the kindergarten.
Sec. 8. The State Superintendent of Public Instruction shall prepare
and publish at the expense of the state a book or books conveniently arranged
into lesson parts, chapters, outlines, instructions .and plans for the purpose of
imparting the instruction provided in this act and shall furnish a copy thereof
to each teacher required to give such instruction.
Sec: 9. When the number of pupils in any county, city, town or district
is, in the opinion of the county superintendent, or of the board or boards having
charge of such school or schools, sufficient, then such county, city, town or district
may provide for the selection and appointment of a physical director who shall
under the direction and supervision of the state physical director have charge
of physical education within such county, city, town or district. County physical
directors shall be nominated and appointed by the county school superintendent
with the advice and consent of the board of supervisors and shall be paid a salary
Submitted to the Electors of Arizona, November 6, 1928
and necessary traveling expenses to be paid out of the 'County school fund;
physical directors in c~ties, towns and district~ may be ~m~loyed by the res­pective
boards and theIr salary and expenses pald out of distnct funds.
Sec. 10. The State Board of Education shall require the completion of a
definite and thorough course in the theory and art of physical education, and
instruction in games and playground management; and examinations in such
branches shall within two years after the passage of this act be required of all
city or county directors seeking certificates and diplomas qualifying or author­izing
them to take charge of, or oversee physical education or development of
playground management in such publ~c schools of the State of Arizona.
Sec.11. Whenever this act shall have become effective, it shall be the duty
of the respective officials, boards, and school units to place the same in operation
at the beginning of the first school year thereafter.
Sec. 12. All acts and parts of acts in conflict with the provisions of this
act are hereby repealed.
"This Bill having remained with the Governor five days, Sunday excepted,
the Legislature being in Session, became a law this 19th day of March, 1927."
(Signed) JAMES H. KERBY, Secretary of State.
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REFERENDUM ORDERED BY PETITION OF THE PEOPLE
Referendum ordered by Petition of the People and filed in the office of the Sec­retary
of State, July 2, 1927, in accordance with the provisions of Para­graph
3328, Chapter 1, Title XXII, Revised Statutes of Arizona,
1913, Civil Code.
Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Revised Stat­utes
of Arizona, 1913, Civil Code.
JAMES H. KERBY, Secretary of State.
307 No.
306 Yes.
To be submitted to the qualified electors of the State of Arizona for their ap­proval
or rejection at the
REGULAR GENERAL ELECTION
to be held
ON NOVEMBER 6, 1928
If you favor the above law, vote YES; if opposed, vote NO.
"REPEAL OF 1925 AUTOMOBILE TITLE LAW"
AN ACT TO REPEAL CHAPTER 78, SESSION LAWS, 1925, ENTITLED
"AN ACT TO PROTECT THE TITLE OF MOTOR VEHICLES WITHIN
THIS STATE; TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES
OF TITLE AND THE ISSUANCE OF DRIVER'S PERMIT; TO REGU­LATE
PURCHASE AND SALE OR OTHER TRANSFER OF OWNER_
SHIP; TO PROVIDE FOR THE REGULATION AND LICENSING OF
CERTAIN DEALERS IN USED AND SECOND-HAND VEHICLES AS
HEREIN DEFINED; TO PRESCRIBE THE POWERS AND DUTIES OF
THE SECRETARY OF STATE HEREUNDER; TO PROVIDE FOR THE
PAYMENT OF SALARIES AND EXPENSES IN CARRYING OUT THE
PROVISIONS OF THIS ACT; AND TO PROVIDE PENALTIES FOR
VIOLATION OF THE PROVISIONS HEREOF; TO AMEND SUBDIVI­SION
7 OF PARAGRAPH 5133, REVISED STATUTES OF ARIZONA, 1913,
AS AMENDED BY CHAPTER 122, SESSION LAWS, 1921, ALL ACTS AND
PARTS OF ACTS IN CONFLICT WITH THIS ACT ARE HEREBY
REPEALED."
The following is the form and number in which the question will be pri te<i
on the Official Ballot: . n
till)
24 Pamphlet Containing Amendments and Measures to' be
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA:
Section 1. That Chapter 78, Session Laws, 1925, be and the same is hereby
repealed.
Passed over the Governor's veto and filed in the Office of the Secretary of
State April 20, 1927.
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CHAPTER 99.
(HOUSE BILL NO. 75)
(On Official Ballot Nos. 306 and 307)
Submitted to the Electors of Arizona, November 6, 1928
AN.ACT
TO REPEAL CHAPTER 78, SESSION LAWS, 1925, ENTITLED "AN
ACT TO PROTECT THE TITLE OF MOTOR VEHICLES WITHIN THIS
STATE; TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF
TITLE AND THE ISSUANCE OF DRIVER'S PERMIT; TO REGULATE
PURCHASE AND SALE OR OTHER TRANSFER OF OWNERSHIP;
TO PROVIDE FOR THE REGULATION AND LICENSING OF CERTAIN
DEALERS IN USED AND SECOND-HAND VEHICLES AS HEREIN
DEFINED; TO PRESCRIBE THE POWERS AND DUTIES OF THE
SECRETARY OF STATE HEREUNDER; TO PROVIDE FOR THE PAY­MENT
OF SALARIES AND EXPENSES IN CARRYING OUT THE PRO­VISIONS
OF THIS ACT; AND TO PROVIDE PENALTIES FOR VIOLA­TION
OF THE PROVISIONS HEREOF; TO AMEND. SUBDIVISION 7
OF PARAGRAPH 5133, REVISED STATUTES OF ARIZONA, 1913, AS
AMENDED BY CHAPTER 122, SESSION LAWS, 1921, ALL ACTS AND
PARTS OF ACTS IN CONFLICT WITH THIS ACT ARE HEREBY
REPEALED."
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308 Yes. 1/583
309 No.
If you favor the above law, vote YES; if opposed, vote NO.
26 Pamphlet Containing Amendments and Measures to be
=========================
PROPOSED BY INITIATIVE PETITION OF THE PEOPLE
"STATE BOARD OF EQUALIZATION"
AN ACT TO CREATE A STATE BOARD OF EQUALIZATION COM_
POSED OF THE GOVERNOR, SECRETARY OF STATE, STATE TREAS_
URER, STATE AUDITOR AND CHAIRMAN OF THE STATE TAX
COMMISSION WITH FULL AUTHORITY TO EQUALIZE THE VALUA.
TION AND ASSESSMENT OF ALL PROPERTY THROUGHOUT THE
STATE; TO PROVIDE THAT THE STATE TAX COMMISSION OF
ARIZONA SHALL PRESCRIBE A UNIFORM METHOD OF TAXATION
TO BE USED IN DETERMINING THE ASSESSED VALUATION OF
REAL ESTATE, AS PROVIDED BY SECTION 4849, CHAPTER IV OF
THE REVISED STATUTES OF ARIZONA, 1913, CIVIL CODE, FOR
TAXABLE PURPOSES; TO DEFINE THE WORDS "REAL ESTATE"
USED IN THIS ACT; THAT SUCH UNIFORM METHOD OF TAXATIO'N
PRESCRIBED BY THE SAID TAX COMMISSION SHALL SET FORTH
AND INCLUDE ALL FACTORS TO BE USED IN DETERMINING SUCH
UNIFORM VALUATION OF REAL ESTATE; THAT THE METHOD
PRESCRIBED SHALL BE USED BY ALL TAX OFFICIALS FOR THE
YEAR 1929, AND THEREAFTER IN THE VALUING OF REAL ESTATE;
THAT THE TAX COMMISSION OF ARIZONA SHALL ASSUME JURIS­DICTJON
OVER ALL ERRONEOUS ASSESSMENTS AND SHALL HAVE
AUTHORITY TO ORDER THE SETTLEMENT THEREOF; REPEAL­ING
ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THE PRO­VISIONS
OF THIS ACT.
The following is the form and number in which the question will be printed
on the Official Ballot:
To be submitted to the qualified electors of the State of Arizona for their ap­proval
or rejection at the
REGULAR GENERAL ELECTION
to be held-
ON NOVEMBER 6, 1928
Proposed by Initiative Petition of the people and filed in the office of the Sec­retary
of State, July 2, 1928, in accordance with the provisions of Para­graph
3328, Chapter I, Title XXII, Revised Statutes of Arizona,
1913, Civil Code.
Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Revised Statutes
of Arizona, 1913, Civil Code.
JAMES H. KERBY, Secretary of State.
612
INITIATIVE MEASURE
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(On Official Ballot Nos, 308 and 309)
Section 1. There is hereby created a department of state which shall be
known as the "State Board of Equalization," composed of the Governor, Sec­retary
of State, State Treasurer, State Auditor and the Chairman member of
the State Tax Commission. The Governor shall be chairman and the member
of the State Tax Commission shall be Secretary of the said State Board of Equal­ization.
The State Board of Equalization shall have full authority to equalize
the valuation and assessment of all property throughout t.he State. 'X'he duties
as provided by Chapter 2, Title 49, Revised Statutes of Arizona, 1913, Civil
Code, and all acts amendatory thereto shall be performed by the said State
Board of Equalization.
Sec. 2. That thirty days after this Act becomes effective, the State Tax
Commission of Arizona shall prescribe a uniform and equitable method of tax­ation,
to be used in determining the assessed valuatio,n of real estate, as provided
by Section 4849, Chapter IV, of Revised Statutes of Arizona, 1913, Civil Code
for Taxable purposes; that such uniform method of Taxation prescribed by the
said Tax Commission shall be published in each County as said Commission shall
BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA:
AN ACT
TO CREATE A STATE BOARD OF EQUALIZATION COMPOSED
OF THE GOVERNOR, SECRETARY OF STATE, STATE TREASURER,
STATE AUDITOR AND CHAIRMAN OF THE STATE TAX COMMIS­SION
WITH FULL AUTHORITY TO EQUALIZE THE VALUATION
AND ASSESSMENT OF ALL PROPERTY THROUGHOUT THE STATE;
TO PROVIDE THAT THE STATE TAX COMMISSION OF ARIZONA
SHALL PRESCRIBE A UNIFORM METHOD OF TAXATION TO BE
USED IN DETERMINING THE ASSESSED VALUATION OF REAL
ESTATE, AS PROVIDED BY SECTION 4849 CHAPTER IV, OF THE
REVISED STATUTES OF ARIZONA, 1913, CIVIL CODE, FOR TAXABLE
PURPOSES; TO DEFINE THE WORDS "REAL ESTATE," USED IN
THIS ACT; THAT SUCH UNIFORM METHOD OF TAXATION PRER­CRIBED
BY THE SAID TAX COMMISSION SHALL SET FORTH AND
INCLUDE ALL FACTORS TO BE USED IN DETERMINING SUCH
UNIFORM VALUATION OF REAL ESTATE; THAT THE METHOD
PRESCRIBED SHALL BE USED BY ALL TAX OFFICIALS FOR THE
YEAR 1929, AND THEREAF1ER IN THE VALUING OF REAL ESTATE;
THAT THE TAX COMMISSION OF ARIZONA SHALL ASSUME JURIS­DICTION
OVER ALL ERRONEOUS ASSESSMENTS AND SHALL HAVE
AUTHORITY TO ORDER THE SETTLEMENT THEREOF; REPEAL­ING
ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THE PRO-VISIONS
OF THIS ACT.
Submitted to the Electors of Arizona, November 6, 1928 27
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Pamphlet Containing Amendments and Measures to be
614
prescribe and such publication shall set forth and include all of the factors to b
used in determining such uniform and equitable valuation of all real esta~.
that the method prescribed shall be used by all Tax Officials for the year 1929
and thereafter in determining the valuation of all realestate.'
Sec. 3. That the State Tax Commission shall assume jurisdiction ov
all erroneous assessments and shall have authrJlity to direct Boards of Supe:~
visors to correct and make settlement as directed.
Sec. 4. The term, Real Estate, used in this Act, shall, for the purpose of
this Chapter, be defined as follows:
(A). "REAL ESTATE," shall include all lands where the Title or patent
has been granted by the United States either by grant, purchase, or otherwise .
such as farm lands, grazing lands, Railroad Lands, Patented Mining Claim~
(Producing and Non-Producing), Mill Sites, Grants, Town and City Lots and
all other lands.
Sec. 5. All Acts and parts of Acts in conflict with the provisions of this
Act are hereby repealed.
Filed July 2, 1928.
28
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d
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Submitted to the Electors of Arizona, November 6,1928
PROPOSED BY INITIATIVE PETITION OF THE PEOPLE
ON NOVEMBER 6, 1928
Proposed by Init.iative Petition of the People and filed in the office of the Sec­retaryof
State, July 2, 1928, in accordance with the provisions of Para­graph
3328, Charter I, Title XXII, Revised· Statutes of Arizona,
1913, Civil Code.
Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Revised Statutes
of Arizona, 1913, Civil Code.
JAMES H. KERBY, Secretary of State.
311 No. 32.940
310 Yes. b I 2- "3
If you favor the above law, vO,te YES; if opposed, vote NO..
REGULAR GENERAL ELECTION
To be submitted to the qualified electors of the State of Arizona for their ap­proval
Or rejection at the·
=
"COMMISSIONER OF STATE FINANCE"
AN ACT CREATING THE OFFICE OF COMMISSIONER OF STATE
FINANCE AND PRESCRIBING THE DUTIES AND POWERS THEREOF,
AND MAKING AN APPROPRIATION THEREFOR; AND REPEALING
ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THE PRO-VISIONS
OF THIS ACT.
The following is the form and number in which the question will be printed
on ~he Official.Ballot:
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30 ifi.lJ:DPamphlet Containing Amendments and Measures to be--- (On Official Ballot Nos. 310 and 311)
INITIATIVE MEASURE
AN ACT
CREATING THE OFFICE OF COMMISSIONER OF STATE FINANCE
AND PRESCRIBING THE DUTIES AND POWERS THEREOF, AND
MAKING AN APPROPRIATION THEREFOR; AND REPEALING ALL
ACTS AND PARTS OF ACTS IN CONFLICT WITH THE PROVISIONS
OF THIS ACT.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA:
Section 1. There is hereby created the office of Commissioner of State
Finance. The Commissioner sha,ll be a person experienced in accounting and
business methods.
Sec. 2. Powers and Duties :>f Commissioner of State Finance. The powers
and duties of the Commissioner of State Finance shall be as follows:
(1) He shall prepare and transmit annually to the taxpayers of each of
the several counties of the State, a report showing a summary of the duties of
each department and State agency, comparative statement of appropriations,
expenditures and receipts therefor over a period for at least three years, and
such other information necessary or desirable to make known the true financial
condition of the State and the manner of conducting the affairs of each such
department and state agency.
(2) He shall prepare and transmit to the Legislature on the first day of
each regular session, the budget, also publish a copy thereof in each county,
which shall set forth in summary and detail, estimates of expenditures and
appropriations, segregated as to departments and state agencies, necessary in
his judgment for the support of the state for the ensuing fiscal years;
(a) The expenditures and· receipts, segregated as to departments and state
agencies of the State during the last completed fiscal year; also for the fiscal
year in progress;
(b) Balanced statements of the condition of the General Fund, all per­manent
and special funds of the State at the end of the last fiscal year, the
estimated condition of each such fund at the end of the fiscal year in progress,
and the estimated condition of each such fund at the end of the ensuing fiscal
years if the financial proposals contained in the budget are adopted;
(c) All essential facts regarding the bonded and other indebtedness of the
State, and such other financial statements and data as in his opinion are nec­essary
or desirable in order to make known in all practicable detail the financial
condition of the State. .,
it
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)
Submitted to the Electors of Arizona, Ndvember 6, 1928
(3) To supervise and audit all expenditures of State money, and to appoint
and control, with the power to charge and discharge all accounting and financial
deputies, agents and employees of each State department, and such deputy,
agent and employee shall be within the jurisdiction of the Commissioner for
all the purposes comprehended in this Act.
Expenditures of State money shall be made only upon and pursuant to
law, and then only in the most economical manner, having due attention to
responsibility and satisfactory results.
All bids shall be called and alL awards of contracts shall be made in the name
of and upon the approval of the Commissioner for the department or state agency
affected. No contract, agreement or sale or expenditure of state money shall
be made by any department or state agency except when and as approved by
the .Commissioner.
Sec. 3. Upon the passage of this Act, as shown by the canvass of the election
returns, the Secretary of State, or the Assistant Secretary of State in case the
Secretary of State is absent from the State, shall appoint the Commissioner of
State Finance, which appointment shall become effective on the Governor's
proclamation of such passage, which said Commissioner shall hold office for a
term of six (6) years, beginning 'December 15, 1928. Thereafter the Com­missioner
of State Finance shall be an elective officer.
The Commissioner shall receive a salary of ten thousand dollars ($10,000.00)
per annum, and expenses, payable in the same manner as the salaries and expenses
of other officers of the State are paid, and is hereby given power to incur such
expense and employ such persons, and fix the compensation thereof, as may be
necessary to carry out the provisions of this Act. To adopt and enforce such
administrative rules and regulations as may be necessary to carry out the pro-visions
of this Act.
Before entering U"im the duties of his office the Commissioner shall take
the Oath of Omee and furnish bond in the sum of fifty thousand dollars
($50,00'J Dn, wl1,ch bond shall be approved by the Governor, and filed as other
bonrJ. f· I "tate officials.
:::ec. 4. There is hereby appropriated out of the General Fund of the State
an amount sufficient to cover the expense of carrying out the provisions of this
Act.
The expense of carrying this Act into effect shall be paid upon duly itemized
and sworn claims, approved by the Commissioner of State Finance, to the State
Auditor, who shall draw his warrants therefor on the State Treasurer, who shall
pay the same out of the General Fund as provided by this section.
Sec. 5. All Acts and parts of Acts in conflict with the provisions of this Act
are hereby repealed.
Filed July 2, 1928.
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PROPOSED BY INITIATIVE PETITION OF THE PEOPLE
The following is the form and number in which the question will be print d
on the Official Ballot: e
"MOTOR VEHICLE DEPARTMENT"
AN ACT CREATING A DEPARTMENT TO BE KNOWN AS THE
"MOTOR VEHICLE DEPARTMENT OF ARIZONA," AND THE AP.
POINTMENT OF A COMMISSIONER THEREOF; PRESCRIBING THE
SALARY, POWERS AND DUTIES THEREOF, AND MAKING AN AP­PROPRIATION
THEREFOR; PROVIDING FOR THE REGISTRATION
OF MOTOR VEHICLES FOR THE PURPOSE OF IDENTIFIC.-}TION,
PAYMENT OF FEES THEREFOR, AND THE TRANSFER OF LI'CENSE
PLATES WITH MOTOR VEHICLE UPON SALE OR TRANSFER, REGU.
LATING THE ISSUANCE OF PERMITS AND LICENSES TO OPERATORS
AND CHAUFFEURS; PROVIDING FOR THE PAYMENT OF ANNUAL
FEES TO THE ARIZONA CORPORATION COMMISSION FOR THE
ISSUANCE OF PERMITS TO MOTOR VEHICLE COMMON CARRIERSj
PROVIDING THAT THE FOUR (4) CENTS TAX PER GALLON ON
MOTOR VEHICLE FUEL USED IN THE OPERATION OF A MOTOR
VEHICLE SHALL BE CONSTRUED TO MEAN THAT IT IS A UNIFORM
AND SPECIFIC TAX LEVIED AND COLLECTED UPON ALL MOTOR
VEHICLES FOR TAXATION PURPOSES, AND EXEMPTING SUCH
MOTOR VEHICLE FROM ALL OTHER TAXATIONj PRESCRIBING
THE METHOD AND DISTRIBUTION OF SUCH TAXES TO THE STATE,
THE SEVERAL COUNTIES AND INCORPORATED MUNICIPALITIES
THEREOF, REPEALING ALL ACTS AND PARTS OF ACTS IN CON­FLICT
WITH THE PROVISIONS OF THIS ACT, AND HEREBY EX­PRESSLY
REPEALING SECTIONS 1, 2, 3, 4 (a), 11 (a), 16,27,32 (a) (b),
39,40,42 (b), 44 (a) (b), 54, 55, 56, 57, OF CHAPTER 3, AND SUB-PARA­GRAPH
(8), (c), (d), AND (e), OF SECTION 5, OF CHAPTER4, (RELATING
TO UNLADEN WEIGHTS AND LICENSE TAXUPON GROSS RECEIPTS),
OF CHAPTER 2, (HOUSE BILL 2) SESSION LAWS OF THE FOURTH
SPECIAL SESSION OF THE EIGHTH LEGISLATURE, STATE OF
ARIZONA, 1927.
32 Pamphlet Containing Amendments and Measures to be
If you favor the above law, vote YES; if opposed, vote NO.
312 Yes.
313 No.
1/424
3132-4
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Submitted to the Electors of Arizona, November 6, 1928 33
To be submitted to the qualified electors of the State of Arizona for their ap­proval
or rejection at the
REGULAR GENERAL ELECTION
to be held
ON NOVEMBER 6, 1928
Proposed by Initiative Petition of the people and filed in the office of the Sec­retary
of State, July 2, 1928, in accordance with the provisions of Para­graph
3328, Chapter I, Title XXII, Revised Statutes of Arizona,
1913, Civil Code.
Printed in pursuance of Paragraph 3332, Chapter I, Title XXII, Revised Statutes
of Arizona, 1913, Civil Code.
JAMES H. KERBY, Secretary of State.
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34 Pamphlet Containing Amendments and Measures to be
INITIATIVE MEASURE
AN ACT
CREATING A DEPARTMENT TO BE KNOWN AS THE "MOTOR
VEHICLE DEPARTMENT OF ARIZONA," AND THE APPOINTMENT
OF A COMMISSIONER THEREOF; PRESCRIBING THE SALARY
POWERS AND DUTIES THEREOF, AND MAKING AN APPROPRIA:
TION THEREFOR; PROVIDING FOR THE REGISTRATION OF MOTOR
VEHICLES FOR THE PURPOSE OF IDENTIFICATION, PAYMENT
OF FEES THEREFOR, AND THE TRANSFER OF LICENSE PLATES
WITH MOTOR VEHICLE UPON SALE OR TRANSFER; REGULATING
THE ISSUANCE OF PERMITS AND LICENSES TO OPERATORS AND
CHAUFFEURS; PROVIDING FOR THE PAYMENT OF ANNUAL FEES
TO THE ARIZONA CORPORATION COMMISSION FOR THE ISSUANCE
OF PERMITS TO MOTOR VEHICLE COMMON CARRIERS; PRO­VIDING
THAT THE FOUR (4) CENTS TAX PER GALLON ON MOTOR
VEHICLE FUEL USED IN THE OPERATION OF A MOTOR VEHICLE
SHALL BE CONSTRUED TO MEAN THAT IT IS A UNIFORM AND
SPECIFIC TAX LEVIED AND COLLECTED UPON ALL MOTOR
VEHICLES FOR TAXATION PURPOSES, AND EXEMPTING SUCH
MOTOR VEHICLE FROM ALL OTHER TAXATION; PRESCRIBING
THE METHOD AND DISTRIBUTION OF SUCH TAXES TO THE STATE,
THE SEVERAL COUNTIES AND INCORPORATED MUNICIPALITIES
THEREOF; REPEALING ALL ACTS AND PARTS OF ACTS IN CON­FLICT
WITH THE PROVISIONS OF THIS ACT, AND HEREBY EX­PRESSLY
REPEALING SECTIONS 1,2,3,4 (a), 11 (a), 16,27,32 (a) (b),
39,4'0,42 (b), 44 (a) (b), 54, 55, 56, 57, OF CHAPTER 3, AND SUB-.PARA­GRAPH
(8), (c), (d), AND (e), OF SECTION 5, OF CHAPTER 4, (RELATING
TO UNLADEN WEIGHTS AND LICENSE TAX UPON GROSS RECEIPTS),
OF CHAPTER 2, (HOUSE BILL 2) SESSION LAWS OF THE FOURTH
SPECIAL SESSION OF THE EIGHTH LEGISLATURE, STATE OF
ARIZONA, 1927.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARIZONA:
Section 1. There is hereby created a Department of State, which shall be
known as the "Motor Vehicle Department of Arizona.".
Upon the passage of this act as shownby the canvass of the election returns,
the Secretary of State, or the Assistant Secretary of State in case the Secretary
of State is absent from the State, shall appoint a Commissioner of the Motor
Vehicle Department of Arizona, which appointment shall become effective on
the Governor's proclamation of such passage, which said commissioner shall
hold office for a term of six years, beginning December 15th, 1928. The Com­missioner
shall be an elective officer thereafter.
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Submitted to the Electors of Arizona, November 6, 1928 35
Sec. 2. The Commissioner shall adopt and enforce such administrative
rules and regulations and designate such agencies as may be necessary to carry
out the provisions of this Act and all other applicable provisions of law. He
shall provide suitable forms for applications, registration cards, license number
plates, and all other forms requisite for the discharge of the duties of his office.
Sec. 3. The commissioner of the Motor Vehicle Department upon regi3­tering
a vehicle, and upon the payment of an annual license plate registra­tion
fee of three dollars and fifty cents charged for the purpose of defraying the
expense of maintaining records of identification, and for the protection of the
owner and general public, of motor vehicles, and the title registration fees as
provided for, shall issue to the owner, license plates and registration card. Both
registration card and the certificate of title shall contain upon the face thereof
the date issued, the registration number assigned to the owner and to the vehicle,
the name and address of the owner, a description of the registered vehicle in­cluding
the engine number thereof, and with reference to every new vehicle
hereafter sold in this State, the date of sale by the manufacturer or dealer to
the person first operating such vehicle, and such other statement of facts as
may be determined by the Commissioner.
Trailers and semi-trailers shall pay an annual license plate registration fee
of one dollar for the purpose of defraying the expense of maintaining records of
identification, and for the protection of the owner and general public, of trailers
and semi-trailers.
Sec. 4. Upon the sale or transfer of the ownership of a motor vehicle,
motorcycle, trailer, or semi-trailer, the license plate or plates shall be trans­ferred
with the motor vehicle, motorcycle, trailer, or semi-trailer, for which a
fee of one dollar shall be payable to the Commissioner of the Motor Vehicle
Department for the purpose of defraying the expense of making such transfer
and maintaining the records incident thereto.
Sec. 5. All Chattel Mortgages, Sales Contracts, liens, and all other forms
of indebtedness on or pertaining to motor vehicles shall hereafter be filed with
the Motor Vehicle Department, for which a fee of one dollar shall be payable
to the Commissioner of the Motor Vehicle Department for the purpose of de­fraying
the expense of filing such instruments and maintaining the records
incident thereto.
The mortgagee upon receiving payment in full of any obligation pertaining
to a motor vehicle shall within ten days file a release of such obligation with
the Motor Vehicle Department, for which there shall be no charge.
Sec. 6. All operator permits issued to drivers or chauffeur licenses hereto­fore
issued under the provisions of law, shall be valid and effective until sus­pended
or revoked and need not be renewed during the life of the person to
whom such operator's permit or chauffeur's license has been issued.
Sec. 7. Every person, firm, or corporation owning, operating, or managing
any motor vehicle, trailer, or semi-trailer, for the operation of which a certificate
of convenience and necessity is required by the laws of this State to be issued.
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36 Pamphlet Containing Amendments and Measures to be - by the Corporation Commission, shall, in addition to the charges imposed up
and for such privilege, pay to the Arizona Corporation Commission annua~n
at the time permit hereunder is issued, or renewed, the sum of one dollar f y
each o:n,e hundred pounds, or fradion, of the weight of every such vehicle e~~
ployed in said business, and thereafter pay at a similar rate for each such ~dd'­tional
vehicle added or acquired during any license year. 1
Every person, firm or corporation owning, operating, or managing any
motor vehicle as a commercial truck of a weight of over 3,000 pounds, or any
trailer or semi-trailer of a weight of over 2,000 pounds shall pay annually to the
Commissioner of the Motor Vehicle Department on each such vehicle a permit
fee of seventy-five cents for each one hundred pounds, or fraction thereof, in
weight of such vehicle, upon issuance or renewal of permit by said Commissioner
arid the same for each additional such vehicle added or acquired during any licens~
year. By a "Commercial Truck" as herein used is meant any truck of the
weight mentioned used by any person, firm, or corporation, in carrying on
its own business, for the operation of which a certificate of convenience and
necessity is notrequired by the laws of this State.
A failure to pay the tax in this Section imposed shall be a misdemeanor,
and the operation of any such vehicle without first having paid the tax or permit
fee herein imposed shall subject the offender to prosecution therefor in any
county or Just!ce Precinct in which such violation shall occur.
Sec. 8. The four (4) cent license tax per gallon on motor vehicle fuel levied
and collected, as provided by Chapters 3 and 4, Session Laws, Fourth Special
Session of the Eighth Legislature, 1927, shall be construed to mean: that it is
a uniform and specific tax levied and collected upon all motor vehicles for tax­ation
purposes in the sum of four (4) cents per gallon on motor vehicle fuel used
in the operation of each motor vehicle; that the full cash value of a motor vehicle
is substantially reflected by its usage of gasoline upon the public highways, as
between all motor vehicles and all other property, and such motor vehicles are
hereby exempted from all other taxation.
The Commissioner of the Motor Vehicle Department shall remit three­eighths
of all moneys received by him in payment of said motor vehicle taxes to
the several County Treasurers of the State of Arizona; one-eighth of all moneys
received by him in payment of motor vehicle tl/-xes to the Treasurers of the in­corporated
cities and towns; in proportion to the amount of such tax received
from the respective counties, incorporated cities, and towns; which shall be used
for the construction, improvement and maintenance of streets, highways, and
bridges; and one-half of said motor vehicle taxes to the Treasurer of the State
of Arizona, who shall deposit the same in the State Highway Fund to be expended
under the general provisions of the Highway Act.
Sec. 9. The Commissioner of the Motor Vehicle Department of Arizona
shall receive an 8J1nual salary of Forty-eight hundred dollars and expenses,
payable in the same manner as the salaries of other officers of the State are paid,
and is hereby given power to incur such expenses and employ such persons as
/------------ I
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Submitted to the Electors of Arizona, November 6,1928 37
may be necessary to carry out the provisions of this Act and fix their compensa­tion.
Before entering upon the duties of his office, the Commissioner shall take
the oath of office and furnish bond in the Sum of Ten Thousand Dollars ($10,­000.00),
which bond shall be approved by the Governor and filed as other bonds
for the State officials. The Commissioner shall have an official seal upon which
seal shall be engraved the words "Motor Vehicle Department of Arizona."
There is hereby appropriated out of any money in the General Fund of the
State an amount sufficient to cover the expenses in carrying out the provisions
of this Act not otherwise provided for. The State Auditor is hereby authorized
and directed to draw warrants in such amounts and the State Treasurer is author-ized
to pay the same.
Sec. 10. The Commissioner shall make demand upon every department
and board of state having custody of any records, or other data, or property or
real estate relating to the administration and operation of motor vehicles in
the State, and including the motor vehicle building or having to do with or re­lating
to the registration of motor vehicles, or the issuance of certificates of
title thereto, or relating to the collection of motor vehicle fuel license taxes,
or relating to, issuance of operators' or chauffeurs' license, or in any way having
to do with the regulation of motor vehicles for such records or data.
Sec. 11. In the event any power or duty herein imposed, or conferred,
upon said Motor Vehicle Department of Arizona or Commissioner thereof
is declared void, inoperative or, unconstitutional by final decree or judgment of
the Supreme Court of the State of Arizona, then, and in that event, the re­maining
provisions of the Act remain in full force and effect for every purpose
whatsoever.
Sec. 12. All Acts and parts of Acts in conflict with the provisions of this
Act are hereby repealed and there are hereby expressly repealed Sections 1, 2,
3,4 (a), 11 (a), 16,27,32 (a) (b), 39,40,42 (b), 44 (a) (b), 54, 55, 56, 57 of Chapter
3 and sub-paragraphs (8), (c), (d), and (e) of Section 5 of Chapter 4 (relating
to unladen weights and license tax upon gross receipts) of Chapter 2, (House
Bill 2) Session Laws of the Fourth Special Session of the Eighth Legislature, 1927.
Filed July 2, 1928.
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626
INDE'X
INITIATIVE AND REFERENDUM
MEASURES
PAGE
100-101 MEDICAL LIBERTY AMENDMENT........................................ 3--4
Affirmative Argument ·······················................... 5
Negative Argument ···············....................... 7
102-103 TAX EXEMPTION FOR WIDOWS, HONORABLY DIS­CHARGED
SOLDIERS, SAILORS, AND ARMY
NURSES........................................................................................ 9-10
Affirmative Argument ·············· 11
300-301 PED:QLERS LICENSE TAX LAW AMENDMENT 13-14
302-303 PAYMENT OF COMMISSION OR EXPENSES FOR ISSU-ING
SCHOOL BONDS ···················· 16-17
304-305 PHYSICAL EDUCATION AND TRAINING IN PUBLIC
SCHOOLS 19-20
306-307 REPEAL OF 1925 AUTOMOBILE TITLE LAW 24-25
308-309 STATE BOARD OF EQUALIZATION ···· 26-27
310-311 COMMISSIONER OF STATE FINANCE 29-30
312-313 MOTOR VEHICLE DEPARTMENT ···· 32-34
314-315 REPEAL OF FISH Al'i'"' GAME LAW... Sill'PL:
Compiled and Issued by
JAMES H. KERBY,
Secretary of State
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REGULAR GENERAL ELECTION
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2...18.53
SUPLEMENTAL
Initiative and Referendum Publicity
Pamphlet, 1928
REFERENDUM ORDERED BY THE LEGISLATURE
115 No.
114 Yes. :~'Z:: e S 6
The following is the form and number in which the question will be printed
the Official Ballot:
to be held on
NOVEMBER 6, 1928
If you favor the above law, vote YES; if opposed, vote NO.
JAMES H. KERBY, Secretary of State.
Printed in Pursuance of Paragraph 3332, Chapter I, Title XXII, Revised Stat­utes
of Arizona, 1913, Civil Code.
Referred to the People by the Legislature and filed in the office of the Secretary
of State, March 15, 1927, in accordance with the provisions of Paragraph
3328, Chapter I, Title XXII, Revised Statutes of Arizona, 1913,
Civil Code.
To be submitted to the qualified electors of the State of Arizona for their ap­proval
or rejection at the
'REPEAL OF LAW FOR PRESERVATION OF FISH AND GAME"
TO REPEAL AN INITIATIVE MEASURE ENTITLED "AN ACT
RELATING TO THE PRESERVATION OF FISH AND GAME AND
AMENDING PARAGRAPHS 654 AND 670, TITLE XVIII, REVISED
STATUTES OF ARIZONA, 1913, PENAL CODE," VOTED UPON AND
pASSED AT THE GENERAL ELECTION HELD NOVEMBER 7, 1916,
AND TO REFER SUCH MEASURE TO THE VOTE OF THE PEOPLE
OF THE STATE OF ARIZONA AT THE NEXT REGULAR OR GENERAL
ELECTION.
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Secretary of State
Compiled and Issued by
(On Official Ballgt Nos. 114 and 115)
Chapter 75
JAMES H. KERBY,
AN ACT
TO REPEAL AN INITIATIVE MEASURE ENTITLED "AN ACT
RELATING TO THE PRESERVATION OF FISH AND GAME AND
AMENDING PARAGRAPHS 654 AND 670, TITLE XVIII, REVISED
STATUTES OF ARIZONA, 1913, PENAL CODE," VOTED UPON AND
PASSED AT THE GENERAL ELECTION HELD NOVEMBER 7, 1916,
AND TO REFER SUCH MEASURE TO THE VOTE OF THE PEOPLE OF
THE STATE OF ARIZONA AT THE NEXT REGULAR OR GENERAL
ELECTION.
Approved March 15, 1927.
REFERENDUM MEASURE
(HOUSE BILL NO. 82)
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA:
Section 1. That the initiative measure entitled"An Act Relating to the
Preservation of Fish and Game and Amending Paragraphs 654 and 670, Title
XVIII, Revised ~tatutes of Arizona, 1913, Penal Code," voted upon and passed
at the general election held November 7, 1916, be and the same is hereby repealed.
Sec. 2. When this act shall have been approved by a majority of each
House of the Eighth State Legislature of the State of Arizona, 1927, and a copy
thereof entered upon the respective journals of each House, together with the
ayes and nays thereon, the Secretary of State shall submit same to a vote of the
people of the state at the next regular or general election.
Sec. 3. All acts and parts of acts in conflict with the provisions of this
act are hereby repealeg.
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