Constitution for the state of Arizona as adopted by the Constitutional Convention Friday, October 2nd, 1891, and address to the people of the territory.

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CONSTITUTION ·

FOR TIlE

STATE OF ARIZ() NA

As Adopted by the Constitntional '

Convention

FRIDAY, OCTOBER 2nd, 1891.

AND

ADDRESS

To tIle People of tIle Territoryo

PH<: ENIX, ARIZ.:

HERALD BOOK AND JOB PRINT'

I89I,

FOR THE

STATE OF ARIZONA

As Adopted by the Constitutional

Convention

FRIDAY, OCTOBER 2nd, 1891.

AND

ADDRESS,

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PH(£ NIX, ARIZ.:

UER. ALD BOOK AND JOB PRIN"~'

I&) r"

ADDRESS

FELl. OW CITIZENS OF ARIZONA.:- Your Delegates in Convention assembled to frarot'

&. Constitution for the State of Arizona, have completed the work, which is here

with submitted for your careful investigation"

They commend to your favorable consideration the Constitution accompanying

this addIess, as the fruits of the untiring labor and united efforts of your chosen rep

tesentatives, whose interests are identical with your OWll.. The end sought was to

frame a Constitution that would secure a just and economical administration in all

of the Departments of State An examination of the instrumeRt submitted cannot

fail to show the distinguishing features between So government organized under. 1t

a. nd those not only seen but painfully felt byevery tax- payer under our present 8Y~'

tern ..

Under Territorial government, limitation of legislative, action is almosta strangeI.

a. nd [ 01' a long Orne was not known at all; and official conduct but little · t'~ · atchedb)'

the eye and authority of the law, Hence leakage in the treasury, and extravagance

in public expenditure, are matters of but little surprise. They must be recognized Rti

the fruits of bad goverumeDt" Unguarded official action is to be seen aU along the

line of our Territorial travel, and extravagant legislation has naturally followed

Hence to- day, while we are preparing for a new order of things under an economi~

and well guarded constitutional io!' m of government, we are brought face to fa. ee

with an empty t. reasury and 2: 1 lar'ge outstanding Territorial debt of nearly one mi3

lion dollar's, while the debts of the sevelal coun ties aggregate nearly three time~

that sum. A just and economic administrati. on of affa. irs did not produce this" ]:~

should be ended, and hereafter a voided.. It can only be done by the nlost cautioll~

guards, and the impartial reader c9. nnot fail to find such~ embodied in this Constitu

tion..

Your Delega, tes have sought to profit by the wisdom and experience of other State~.

8, nd have therefore by careful selection established a Legislative, Executive and Judi

cial system, which challenges comparison with the wisest and most economic.. The

number of officers has been reduced to the lowest practical limit, and salaries fixeO

at small economic sums.. The different departments have been sha!. ed after the sY's

tern most familiar to our people, tha. t nothing may be hazarded byexperiment..

The Judicial Department is so arranged as to insure speedy litigation a~ d avoid

unneces8ary expense..

SCHOOLS AND SCHOOL LANDS"

That all children of school age in the State may receive gratuitously, instructionf

in the common school branches, a free common school system is forever fUaranteed

Its funds are preserved intact and the sJrstem divorced from all church and creed,

and its ma: nagement and control by secta. Iianism forever prohibited. Careful pro­visions

are · made to preserve the school lands and for their judicious appraisement\

gradual sale and for the highest price.. Meantime the pioneer and early settler who

has braved the dangeI' of frontier life, and settled upon and improved these lands

ADDRESS.

is not unprotected" He has the preference to purchase the land so improved at the

nighest pri~ e offEHed for it" And in the event he may not be able to pay the highest

price so offered, the app raisers of the land file required to appraise the improve · ,

me. nts separate irom tbe land, and the puichaser must pay him for his improve­rnents

before taking possession.

CORPORATIONS.

The legislation of old States has been found unequal to the · task of protecting the

{> eople from the growing, grasping, monopolizing tendencies of railroads and other

corporations. It hag been thought wise therefore to place positive I'estrictions on

the powers of legislation in these matters" To this end provisions have been made

EoI' the destruction of. all wild cat SChemes, and the wiping out of all dor'mant and

sham COI'poI'ations claiming special and exc1usive privileges" All power is taken

from the l, egislature to create eOIpOl'atioDs, or to extend 01' enlarge their power by

' speciallaw; or to give them rights 01' privileges irrevocable" Power is given to the

Legislature to revoke or annul the chartels of corporations that may prove injurious,

~ nd the Legislature is required to enact wholesome laws empoweIing the courts to

10 the same thing during legislative interum.:

COUNTY GOVERNMENT"

A well guarded sy8tem of county government is provided fOI', The Legi81atuI'e i~

prohibited from changing ( l, ounty lines and forming new counties unless the same

can be done upon a basis of property, alea and population, that will insure easy

ml\ intenance of such new county government without strain, and at tht same time

without crippling the county 01' counties from ' which it may be formed" The county

() fficers and offices are provided for in a kindred way to the 8vstem the people are

rl. cquainted with, but that the running machinery of county government may be

rendered less expensive the offices have been so blended as to require the official

work necessar'y to the exercise of county government to be done with the fe, vest

<> ffi. cial hands practical to its execution, These officers are all made elective eve"

two years, and ale thereby made directly responsible to the people whom they

rerve.

ELECTION AND SUFFRAGE.

The right of suffrage isconferI'ed upon every m2.1e citizen of the United States over

twenty- one years of age, and who has I'esided in Arizona foY' one ~' ear previous to an

election, except India. Ds not taxed, idiots, lunatics and persons convicted of crimes;

wd in questions pertaining to schools the f'ight of sufr: rage is conferred upon both

~. exes. Female suffrage ", as 6trongly uIged upon the conventioll by petitions from

~ few quarteIs t and by ealnest pelf; ona) a. dvocates. who were always given an at­tentive

heaI'ing; . u t after mature deliberation the convention thought it un\ vise to

put woman's suffJ'age in Cle CODstitution" EOWeVfI', the ri~ ht of the people to be

heard upon this topic, has been recognized, and the Legislature coming directly

from the people every two years, is fully autholized to submit this question to the

people ' Yhenever and ~ B often as m! l · y be desired.

IRRIGATION"

It 113 surely Fafe to sPy that a jllst and equitable system of irrigration, suited to

this arid I'egion, has been devised, All natural streams and lakes of water capSl. ble

of being use~ for iIrigation ale declar'ed to be the pr'operty of the State, and it i!

provided that the common law doctIine of r'ipalian water rights is not to apply, and

that the right to use wa, ter heretofore lawfully a, ppropliated to benefieial uses iii

never to be denied.

The right of the people to appropI'iate and use the uppropriated waters tor bene~

deial put'poses is gua. ronteed, prior' appropriation giving the better light.

Tha. t capital may not be shut out of the State and its progress retarded, a. n invita..

ADDRESS.

tion b as been extended, guaranteeing to all individuals 01' corporations the right to

construct reselvoiIs and impound and appropriate the sUlplus and flood waten

within the State for sale, rental, domestic, stock or anTT tenf-: ficial purpose"

However, the mode and manner of R( quiring and exercising all of said r'ights is to

be subject to legislative control..

REVENUE AND TAXA'IION"

Itis throngh the channel of revenue and taxation the pUblic debts are paid, th& l

the necessary sums for Iunning the government are raised, and it is through it th~

the pockets of the people' pre dlI't~ ctly reached.. This is one of the most importaIll

I'Ollds in government to guard.. That government which does not guard this road

by Pl'OPeJ", wise limitations and restIictions, natuIally grows careless and becom- 0f

wasteful and extravagant, and is therefore not a good one" The government th8i1

does, i~ always economical and just in all of the afiaiIs of State, and is never found

with a depleted ~ re8$ Ury, or imposing heavy burdelJs upon itg peopLe"

A Constitution for just such a ~ oveI'nment as thiswe rave sought to preptue aD< 5

submit to YOu; a'nd if we in the deepest IDP: i: LSUre of our honest endeavors an( j

thoughts, ale not deceived, we have succeeded in doing it.. To begin with, the Stat€

and county governments are prohibited from going into debt for greater sums th~ l'D

their C, lrrent tax will p~ y, which virtually puts them on a cash bd. sb. Rnd shutt

down the flood gates of the issuance of boilds, warrants and other evidences of in

debtedness, which have heretofore under our present regilne so stI'~ illed our ' Terri ..

torial and county credit.. The public credit, the one thing which has heretofc: rt­gett]

ed upon other States, and thrust many of them into financial I'uin, and SOffif

into repudia. tion, cannot be loaned at legisltttive Wll. lo

For the cur- rent expenses of State and county governmeuts, a limitation of taxa

tion is fixed not to exceed 3 mills for State and 2 per eellt.. for j ounty purposes, wticl

with the present indebtedness out of the way, would place us far belOW what Wt

now payo

The present outstanding indebtedness has not been overlooked" Thi. s we mUSl

pay some time, and in some way, under whatever form of government we may be

If so, it must be done by an easy. gradual means, or by a heavy strain to be met ane

endured some time in the future.. ' rbat it must be met by the one Of' the otheI' i~

inevitable, ' l'his being 80 i~ would be contrary to commvn seDse not to be able t<

see the wisest and easiest plan.. In ordeI, therefore, to Iueet the principal of OU)

outstanding debts as they faG due, we have declnD: d that a sinking fund shall bt

created, and for this purpose a State taxof only 1 mill shall be levied annually till tht

same shall be extJngulshed, and ~ mill for county purposes" To be sure this is- i:

light levy. and will not injuriously effect anyone; bu1 close calculation shows it te

be sufficient to meet the outstandings when they become due" Thus it is that Wt

have sought to take time by th- e fotelock and I'equire a gradual and easy tax to ~

continuously flowing- into the sinkIng fund- small enough so that no one will bt

strained by paying it, and yet laIge enough to foot the bill when pIesented.. This if

not its only advantage. It is destined to give lasting and unexcelled credit to oU:

young State, and to its counties; because it will be a declaration to the wodd by!;

br'ave~ hardy and debt- paying people, so made that legislative hands Cfl, tlnOl chang.

it. that whomsoever we owe we intend to pay, and have provided means in a CUD

mtitutional way for so doingo '

Fellow citizens, the Constitution we submit to ~ ou, challenges your investigatioL

Take it and turn it as ) DU wiil. and you must necessflrily find that, if the last'limil

of taxation allowed by it for State and (~ ounty purposes, for paying intelest on tht

public debt, and for the sinking fund, be levied, t~ ken altogetber,. upon our presenl

valua. tion, saying nothing of increase ( which mnst follow stasehood rapidly), wilJ

not cost the taxpaytH' quite one and one- half dollars on the $ 1000 worth of taxablt­propeI'tyhe

owns. Now this is tIue, a. ud when we consider' the differeu(: e of statehooo

under 5UC~ a Constitution, and TenitoIial government as we know it to be, and. tha~

under such a constitutional government, the people are supreme and choose all O~

ADDRESS.

their' public servant. s without exception, and when we fur ther consider, that under

3nch a government, we shall have equal representation in the councils of the nation

with other Stntello.; theI'e certainly cannot be a single independent AmericRu citizen

in an the land who thus considers, and makes himself convel'sant with the two syB"

~ ms of government. the independence of the one 8, nd the dependence of the other,

who will for 8. moment hesitate to cast his vote for the Constitution and statehood"

But this is not all, If we adopt thisCoDstitution, and thereby obtain admission, we

b- ring into the lap of the State millions of wealth, which we cannot possibly obtain

while we ale a Territor'y. The enabling acts admitting Washington, Wyoming,

fdaho l: tnd the two Dakotas, plainly demonstrate this, ' Ve call your attention to a

few of the advantages in promise for our new State:

First-- The 16th and 36th sections of all the lands of the Ter'I'i~ ory, which are now

tield in trust for us by the general government, will ripen into title and go into

~ tate contIol. This land amounts to about 4,027 t 380 acres..

By the conduct of the general government toward all other new States admitted,. ­~

he promises us as a State on our admission the following:

Acres.

Lands for public buildings, 50 sections 32; 000

Lands for State University " 46 t OOO

Lands for 8tateAsylum, prison and other buildings, , 50,000

Lands for Agricultural College, .... 90,000

Lands for School of Mines _", 40,000

Lands for Deaf and Dumb asylum" ,". , , .. " ." .. , 40 t OOO

Lands for State . Normal school, , , "" ,-,,"" ".. 80,000

Gands for such general purposes as the LegislatuI'e shall declare, "., . ", 190,000

This will aggIegate about 4,595,380 acres of land which we acquire by admission,

llnd none of which can we get before" Not only this. but the general government

will direct the United States Land Office Receivers all over the State to pay into the

" tate treasury for State purposes 5 per cent" of the proceeds of all sales of the public

lands sold in the Sta. te" Such has been the libelal policy of our general gover'nment

9inceColorado's admi~ sionand such is in promise fo!' us.. Shall we accept it?

Our constitution is liberal in all of its provisIons, and challenges the admir'ation

and support of the whole people, whether they be Democrat or Republican, no mat · ·

ter whether they he biased by party feeling or not..

' Ve therefore urge and admonish you most earnestly, each and ever one of you, in

me name of Ameliran free government and State sovereignty to peacefully but res­olutely

go to the polls on the 1st of December next and give us f6r our new State ­this

organic law, fOI in it we have every pt'Omise of a. future of peace and of pros · ·

Petits..

{ Signed] W. A. ROWE, Chairman,

J. F. WILSON,

M. H. WILLIAMS t

H. N .. ALEXANDER,

W.. H. BARNES,

FRANK HEREFORD,

GEORGl£ W" CHEYNEY,

~ ommittee"

CONSTITUTION

PREAMBLE.

We, the people of Arizona, grateful to the Supreme Being for our liberties, in orde1

to form a more independent and perfect government, establish jU8- tice, insure dome~"

tic tranquility, provide for the conunon defense, promote the general welfare; and soo"

nre the blessings of liberty to oUI'selves and our posterity, do ordain and establish thif

Constitution for the State of Arizona.

ARTICLE I.

The powers of government of the State are divided into three distinct departments

The Executive, the Legislative, and Judicial; and no person 01' collection of persoD, b,

belonging to one of these departments shall exercise any power properly belonging tA

either of the others, except as hereinafter expressly directed or permitted.

ARTICLE II.

BILL OF RIGHTS.

SECTION 1. Governments are instituted among men for the security of life, libert)

and property, and derive their just powers from the consent of the governed; and tf

secure these ends, the right to alter or reform is inherent in the people.

SEC. 2. The union of the States of the United Sta~ s of America is a bond of goveTh

ment snpreme and indissoluble; the power of the general government over any Statt­or

people to enforce obedience to the Constitution and laws, and to punish any viol&"

tion of the same, is supreme and indisputable"

SEC. S. The military shall at all times be in strict subordination to the civil powel

No soldier shall, in time of peace, be quartered in any house without the cone; snt of tllf

owner; nor in time of war but in the manner prescribed by law.

SEC. 4" The right of the people to keep or bear arms for their own defense, and thal

of the government, shall not be infringed" The Legislatnre shall ha. ve the power h

regulate the wearing of arDis to prevent crime:

SEC. 5. The civil rights of the people shall Dot be abridged except Qn conviction £ 01

crime.

SEC" 6. The light of the people to be secure in their personB, houses, papers and effect> ­shall

not ~ violated; and no warrant sJ: tall issue but on ' probable cause, supported b)

oath or affirmation, and particularly describing the place to be searched, and the pel ..

son, or things to be seized.

SEC. 7. No person shall be held tel answer fOI a capital, or otherwise infamOlu

to CONSTITUTION.

SEC. 7. The Governor may at any time require information or reports in WIiting~

crom the officers of the Exec~ tive Dep'artment, on any subject pmtaining to the duties

of their respective offices, and he may, also, at any time require information or f'epOtts

in writing from all officers and managers of State institutions upon any SUbjBct, relat­ing

to the duties of their respective offices, the condition, management, and expenses

of their respective offices and institutions, and all such reports or information in writ...

mg, hereinbefore named, shall be under oath. And the Governor, may. at any time he

deems it necessary, investigate and report upon the condition of anr executive office or

State institution., And the GovernoI' shall have power to require anJT of the officer s above

named for good cause, to execute and file in the proper office, additional bonds, in such

amount and in such manner as may be provided by law.

SEC" 8. He shall expedite all such measures as may be resolved upon by the Legisla­ture,

and shall take care that the laws are f'aithful!~ Texecuted.

SEC" g~ He shall have power to remit fines and fOlfeituI'es~ and to grant rep! ieves t

commutations and pardons after conviction, except in cases of impeachmtmt and treas­on~

in such manner as ma} T be prescribed bJT law, but he shall set forth in writing~ fully~

the grounds of all such remissions, reprieves, cOlnmntations and pardons, and report

che same to the Legislature at its next session after the same aI'e made.

SEC. 10" He shall transact an necessary business wIth the officers of the government,

civil and InilitaI'Y~ appertaining to business concerning the Stat- e. ~.

SEC.. 11. Every bill which has been passed by the Legislatme. shall, before it becomes

a. law, be presented to the Governor. If he approves it he shall sign it" but if not~ he

shall return it to the house in which it originated, with his objections thereto, which

b. ouse shall enter the objections at large upon the journal and proceed to reconsider

it. If, after such reconsideration, two- thirds of the members elected. agree to pass the

bill, it shall be sent, together with the objections, to the other house, by v; hich it shall

be likewise r8considerp(], and if it be approved by two- thirdA of the membPr's f'lectf'cf to

that house. it shall become a law, but in all such cases the vote of the two houses shall

be determined by the yeas and nays, and the names of the members of each house vot · ·

ing for and against the bill shall bB entered upon the journals of each house respec · ·

tively" If any bills be not returned by the Governor within ten days after it~ presenta · ·

tion to him, the same shall become a law, unless the Legislat. ure prevents its return by

adjoulnment~ in which case it shall become a law, unless he shall within ten days after

61l~ h adjomnment file the same with his objections, in the office of Secretary of State.

SEC. 12. The Governor shall, by and with the aclvice and consent of the Senate l ap­point

and commission all State officers whose election is not provided for herein or by

taw~ and he may remove any officer appointed by him l or by him with the advice and

consent of the Senate.. When any office from any cause becomes vacant, and no mode

lS provided by this Constitution or by law for filling such vacanCjTs the Governor shall

have power to fill the same by appointment"

SEC. 13. If the Governor be iJnpeached, displaced~ resign, or die, or frOln any other

cause whatever shall become incapable, disqualified or incompetent to perform the

duties of his office, the Secretary of State shall act as Governor unti18uch vacancy be

filled, or the disability removedi and in case the Secretary of State shall also be dIs­qualified

from performing such duties, then. the President of the Senate shall aSE- ume

I" jhem and act as Governor until the disabilitJ! be Iemoved~ or the vacancy filled.

SEC" 140 Any Governor of this State who asks, receive8~ or agrees to receive any

bribe, upon any understanding that his official opinion, judgment or action shall be

influenced thereby, or who gives~ or offeIS to give, or promises his official influence in'

any manner whatever, in consideration that any member of the Legislature shall give

bis official vote or influence on any particular side of any subject or ID.- atter upon which

he is required to act in his official capacity~ or who menaces~ or attempts to menace any

such member by the threatened use of his veto power, or with the threatened use of his

official power in any manner whatever, with the intent to influence the official action

of said member, shall be punished in the manner now, or that may hereafter be pro- ·

vided by law, and in addition thereto, upon conviction, shaU forfeit all right to hold or

exercise any office of trust or honoI' in this Staw~

CONSTITUTION 0 11

SEC, 15" . A. Seal of State shall be kept by the Secretary of State, used by him official] s

or under his official sanction, and called the Great Seal of Arizona"

SEC. 1ft All grants and commissions shall be issued, HIn the name and by the

authOlit; y of the State of Arizona," signed by the Gov~ Inor~ and attested by the Secre..

iaIY of State, and setlled with the Gre: lt Seal of the State"

SEC" 17" The powers and duties of the Secretary of State, State Auditor, State Trea8~

ilrer, Attorney General and Superintendent of Public Instruction, shall be such as are

or may be prescribed bj law"

SEC. 18" Until otherwise provided by law, the Governor shall receive an annual sal ·

ary of Twenty, · : fi~ eHundred Dollars; the Secretary of State, Two Thousand Dollars; the

State Auditor.. One '. rhousan- d Dollars; the State Treasurer, One Thousand Dollars; the

AttolneJ General, One Thousand Dollars: and the Superintendent of Public Instruction,

One ' rhousand Dollars; and the salaries of said officers or of any State or County officer

shall not be increased or diminished during their term of office, and any and all feo8

and profits arising from any of said 8tlte offices shall be covered into the Stat~

Treasur; y as mn~ r be pro'; ided bJT law

ARTICLE 1Vo

I.... EGISLATlyE DEPARI'MEN r"

SEO'IIOX 1. The Legislative power shaH bG vested in a Senate and House of Hepre..,

sentatives\ which shall be def; ignated the Legislature of the State of Arizona,

SEC" 2. Senators shall be elected for the term of four U) ~' eaI'S and HepresentativGE

for the tenn of two ( 2) years" The Seu& tors elected at the first election shall be divided

by lot into two classes as nearly equal as may be" The seats of Senators of the first...

class shall be vacated at the expiration of the first two : veal'S, and of the second · , class a1

the expiration of four years" No person shall be a Senator who has not attained the

age of twenty, · llve ~ rears, or a Representative who has not attained the age of twenty- one

j'ears~ and , VI10 is not a citizen of the United States and of this State, and who bas not

resided in this State at least two ; years, and in the county 01 district six lllonths next

pI eceding his election.

SEC" ~ L Each coun~ y E- h~ ll conc;; titnte a Senatorial and Hepresentative district; the

Senate and House of Heplesentatives shaH be cornposed of members elected by the legal

vot81' S of their counties respecth'ely, ever:}"' two ( 2) j'eaIS" They shall be appor tioned

aluong the said counties as neaTly as may be according to the number of the inhabitaut.~

thereof" Each county shall have at least one Senator and one Representa. tive; but at no

tirne shall the nUl11ber of luelnbers of the House of Hepresentatives be lees than twice,

nor greater- than three times the m.. l. lllber of rnembers of the S8nate~ The 8enate and

House of Repn~ sentatives first elected in pursuance of this Constitution, shall consist of

twe!,,' e and twent~--, fouI'lnelnbers Iespectivel~ T"

SEC" L ' Vhell vacaneies occur in' either House by death, t8signation or otherwise

such vacancy shall be fined for the remaindBf of the terln b~ r special election, to be cal.

ted in S'-. 10h m: tun9I' as 1uay b3 prescribed by law"

SEC 5" M01nbers of the Senate and Honse of Representatives shall be elected on thp

day provided by la,\, for the f( 8l1. eI'al election of a illenlber of Congress, and theh term

of alliee shaH begin on the nl. st !\: Lon. d: l, y of ~ Tanuary thereafter.,

SEC. 00 Each Inenlber of the first Legislatnre l as a compensation for his services,

shall receive Five Donars for each daJs' attendance, and fifteen cents for eaeh mil£"

traveled in going to and returning from the seat of government to his residence by thf ­usual

traveled. route, and s~ lan receive no ntlier compfmsation, pmquisite or allowance

whateve!' o No session of tlie LegislatuTB after the first, which may be ninety days, sha. D

exceed sixty days duration, Sundays and holidays included, except in trinls by impeach,

ment" After the first session the conlpensation of the members of the Legislature shan

be as provided by la. w; but no Legislature shall fix its own compensation.

SEC. 7" The Legislature shall meet at the seat of government at 12 o'clock, noon, on

the second Tuesday of J anualY. next succee. ding the general election provided by law,

1.2 CONSTITUTION.

and at 12 o'clock~ noon, on the Second Tuesday of January of each alternate year ther&

after, and at other times when convened by the Governor"

SEC. 8. No Senator or Bepl'esentativ8 shall, during the term for which he was elected,

be appointed to a, ny civil oP. dce under the State, and no melllber of Congress or other

peIson holding an office ( except that of Notary Public or an office in the militia,) un~

del' the United Sta, tes or this State, shall be a illeInber of either House during his con · ·

tinuance in office..

SEC" 9., No member of either honse shall, during the term for which he was elected l

receh' 8 any increase of salary or mileage under anJilaw passed during that term..

SEC" 10, The Senat. e shall, at the beginning of each regular session, and at such other

thnes as 111ay be necessary, elect one of its members President; the Honse of Replesen..

tatives shall elect one of its members Speaker; each house sha. ll choose its other officers

and ella,] l judge of the e18ctiou returns and qualifications of its members"

SEC" 11.. A majority of each honse shall constitute a quorum to do business, but a

smaller number may adjourn from dar to day and compel the attendance of absent

melubers in such manner and under such penalties as each house nlay prescribe"

SEC" 12" . Each house shall ha~ e the paVle! to detenuine Hs rules of procedure, and

punish its m81uhers OT other persons ffJr contempt 01 disOIderlJ7 behavior in its preSM

ence; to protect its mel" nb2TS against violenc8 OT oITers of brib8e, or private ' so1icitation~

and with the concunencc of tv, o- thirdG, to expel1 a mGlnbeI; and shall have all other

po"\ Vers necessary and uSL1. aJl in the Legislature of a free State; but no iml) risonment by

either House shall continue be~ ond thirt~ da. ys" Punishmont for conteIllpt or disorder...

l; y hehavi01 shaH not bar a crimiupJ proseeutiol1 for the s~ nl1e offense"

SEC" lR. Each Louse, shun keep a journal of its proceedings l and luay, in its discre~,

tion, fI 0111. ti1l18 to time, pu blish t be sarne l

e:;~ celJt such pat t as requires secrecyl and the

yeas and na; V8 on anJ7 question shall, at the request of tVlO memb2rs~ be entered on the

journal.

SEC. 11.. The sessions of each I-: Icynse l and of the Committe of the "\ Vhole shall be open

un] ess the business is snch as lequin: s f; ecrecs.

SEQ, 15,. Neither Honse shaUl without the consent of the other, adjourn for mOre

than thl ee dRj s, nor to any other place than that in which the two . Houses shall be

sitting,

SEC" Hi.. The memhers of the Legjslntme sha, ll! in all cases except treason" felony,

violation of th. E.' il" oa. ths of of-- liee. and bleach of the pence. be privileged from aITest

during their attendance at the sef-,~: ions of the respectivG Honses. and in going to 8, nd

returning from the RR, J11e: aJncl for an:)" speech or debate in either lIoase, they shall not

be quostioned in ( ln~" other pb., ce.

SEC.. 17.. The sole pO'.' HJr of llYlpBac1uncmt shaH rest in the House of' RClnesentatives:

the concurrence of a malO1ity of all the n12m:- J(~[ s being necessaIJ to the exercise there.

of.. Impeachment ~< ha.. 11 be tried b~,; the Senate, sitting for that lJurpO~' 3e, and the Serra,..;

tors shall be UDon onth or a:[ Iir: i11ation to do justine a. ecordillg to Jaw and evidence..

\- Vhen the Goverllor : is on tTial the Chief Jastico of the S1.1. preme Court shall preside. No

person !:= hnll be con~ ictedwithout a. eon. currence of t'Yo- thir- os of tho Senators elected.

SEC" 18" rj-' hG Governor ~ lnd other State <:: 11( 1 . L: rdieial ct! iGers, except Justices IJf the

Peace, shaH be liablB to impeachment for bigh cl" im. es and misd81neanors, or malfeas­ance

: in office, but judgment in such cases shall on] y extend to relTIOya,] from office and

disqnalificatioll to hold any oiHcG of honol',' trnst or profit under the laws of the State.

The party_, \' vhether con~ ict8d or acqnlttecL 8h: I11, nevertheless, be liable to prosecution:

trial, jndgment and punishment a. ccording to law"

SEC., 19. All oiiic8rs! not lhl bie to hnpeachment, shall bo subject to T81TIOval for mis-'

conduct or malfeasance in oiTkc, in such manner as may be provided by law.

Hrw" 20.. No la\\ sbull bo p8. Gsed except by hill, and no bill shall be so altered or

amended, on its paSf: age through eithm House, as to change its original purpose"

SEc. 21.. The enacting clause of eveIV law shall be as follows: " Be it enacted by the

Legislature of the State of Arizona. n

CONSTITUTION" 13

81W. 22. No bill for ihe appropriation of money, ~ lzcept for the expenses of the GOY'

elnment~ shall be introduced , vithin five (: 5) clays of the close of the I? ession, except by

unanhnous consent of the House in which it is sought to be introduced"

SEC" 23" No bill shall be considered or become a l: lw unless refened to a comnlittee~

returned theleIIOD. l and printed for the use of the lueulbers; nor shall any bill have the

force of a law until it has been read ~.., t length on three several da~ s in each House:

but in case of imperathe public necessity, which necessit~ Tmust be stated in a pream..

ble~ OT in the body of thB bIll; two~. thjrds of the : House in which the bill may be pend­ing

lua- y suspend this lule, the ~ cas and naJ' s oeing taken on the question of suspension..

and entered upon the journals.

SEC" 2!.. 1" 0 bill~ except general appropriation biBs" and hills for the codification

and general revision of the laws, shall be passed containing more than one subject.

which subject shall be clearly expressed in its title, but if any subject is embraced in

any act which is not expressed in its title, such act. shall be void onl:\' as to so much

tbereof & 8 shall not be so expl'essed.

SEC" 25" No bill shaH becorne a law\ except by a " Yote of a majority of all the mem" ·

bers elected to each House, nor, 1l111.?, ss on its final pa, ssage, the vote be taken by ayes

and na; ys and the naUleR of those voting be Gntered on the journaL

SEC" 2ft No law shaH be revised or amended or the proyisions thereof extended by

reference to its title only, hnt so much thereof as is re~- ised, amended or extended shall

be : re- enacted and published at J81. J. gth,

SEC" 27" r~ rhe Legisl, 1tlll' 8 shallllot pass local or special laws in any of the following

enun18ratec1 cases~ that is to Eoa~:: FOI granting divorces~ la, ying ont~ opening~ altering

or WOT king roads or high\' i' aJ's; vacatiD g loads, to'\ vn plats, 8treets, aJleys or public'

grounds; locating or changing eount~ scats, reg- ulating eonnty or township afiairs~ the

incorporation of cities, towns DI' villages or cbangi: ug 0: 1' amending the chart. els of any

citiesI town or villages; regulating the practice in COtU ts of justice~ Iegulating the

jurisdiction and duties of justices of the peace, police lllagistrates or constables.:..

changing the rules of eviuence in anJi trial or inquiry; providing for changes of yenUf

in ch'- il or cri111inal cases; declaring any p3T'SOn of ag3; the lin1itation. of civil actions

giving effect to any infOl'mnl or invalid deed; summoning or impanellng gland or petit

juries; providing for the management of conn- non schools; regulating the rate of inter­est

on n10ney; the opening or conducting of any election, or designating tho place of

'\ oting; tbe sale or : mvltgage of real estato belonging to rninoL's or others nnder disabiJ­itj:;

ch; lItering or liceas; ns feu ies 01 bridg3S or' ton roads; chart~~ Jing banks, inSllI3llef­companies

and loan and bust cOlnpanies; remitting nnes j penalties or forfeituTGs:

creating, increasing or decleasirig fee- 5 1

lX~ IcelltDgc: s OI allowances of public omeers:

chanp; ingo the law of descent; granting to any corporation. association or individual tllf'

right to lay down railro< 1d tlack or any special or (,}: clusi've pri~ ikge, imlnuuity 07

fra, nchise wha: f:, e" er, or amending existing charter for such PUI'pose; the pnnish111ent of

crhnes; changing- nan18S of peIsons or places; the a8SE'C'; 8Yl10lJt 01 collection 0:[ taxes; o: r law

effecting estates of clOCA: lSed p:::\ r:; ons, Ininor'; or others under Ie- gal disabilities; o:: s:: tending

the time for the collection of taxes; rerunding inone:, p:: 1icl into the State TreasuIJ ~ lelin"

qnishing- or extinguishing: in w- holA or in part the indebt. edness, li3. bilitie::; OT ob1ig-< 1tionf

of any person or corporation to thif~ St: lte, 01 to any municipal corporation therein:

le~ alizing., except [ 1:- 5 ':' 1gainst the Staie l th8 un2uthoT1zed 0';" hn 2.1id act of nn~' of5, CBL

exempting propmt:; from taxatlon~ Iestoling" to citizEmsbi[) persons convicted of in- ­famous

crime: anthorizlng the creation, oxtension or i1npairin~ of lions: creatin~

offices or prescribing the powers 01 duties of ofEicers in counties, citiE's~ to\\ TlShips Of

school districts; or l;:-~ v;; anthOlizing the adoption or ] cg- iti: mation of cllill1ren. In uIJ

other cases where a g0118tullaw can be made applicahle, no speeial law shall be en­acted"

811.: 0. 2R" rrhe pn~ f'i< 1int! officer of each _ House Rhall. in tho T1r~~(> nC0 of the Hom:; e over

which he presides l sign all bills a: nd joint IGsolutions passed by the Legislature immcr­diately

after their' titles have been publicly read and the fact. of signing shall be at 011(''\''

enteled upon the journal.

L4 CONSTITUTION..

BEe" 29" The first LegislatllI'e convened under this Constitution shall have no r110Te

than seven clerks, two 8ergeant- at- arnlS~ two pages and two door keepers, whose COlupen­'

Jation shaH not exceed five dollars each per day. Said Legislature shall prescribe b~. r law

the number and' compens3. tion of the officers and employees of each House~ and; no

~ ayment p. hall be made from the State Tleasur~ 7, or be in any way authorized to any

moll person except to an acting officer or enlployee elected or appointed in pursuance

of law. No Jaw passed increasing the number or compensation of emplo}"' ees sh~ ll take

effect during the session in which it was passed"

SEC,. 30. No bin shall be passed giving an extra compensation to any public officer,

'! BIYant or employeeI agent or contractor after services have been rendered or contract

made..

SEC" 31. An stationery~ printing, lJapeI~ fuel and lights used in the Legislative and

otheI departments of government shall be furnished ana the printing and binding of

the laws, journals and department reports and other printing and binding and the re · ·

pairing and furnishing of the halls and rOOlllS used for the meeting of tbe Legislature

% nd its comlnittees shall be performed uncleI contract, to be ghen to the lowest responsi.

bJe bidder below such maximum price and under such regulations as may be presmibed

bJ'la · w" No Inember or 0 itice~ of any \ department of the Governm. ent shall be in any

way interested in any such contract, and all such contracts shall be subject to the ap­,

novalof the GOvernor and State Treasurer"

SEC.. 32,. Except as otherwise provided in this Constitution no law shall extend the

\; erI".. J. of any public officer 01' increase or diminish his salary or mnoluments after his

election or appointment, but this shall not be construed to forbid the Legislature from

fixing the salaries or emoluments of those officers : first elected or appointed under this

Constitution~ if such salaries or emoluments are not fixed by its provisions.

SEC. 33. All bins for raising revenne shall originate in the House of Representa. ­tives,

but the 8enate may propose amendments as in ease of other bills..

SEO" 3. t The general appropriation bills shan embrace nothing but appropriations

EoI' the ordinary expenses of the Legislative, Executive and Judicial Departments of

the State, interest on public debt and fOI public schools" An other appropriations

shall be made by separate bills, each embracing but oue subject,

SEC. 35, Except for interest on public debt money shaH be paid out of the Treasury

on-~ · on appropriations by the Leg3s1atUle, and in no ease otherwise than. upon warrant

drawn by the proper officer: in pursuance of law"

SEC" 36, No appropriation shall be made for charitable, illdustIial~ educational or

benevolent: pnrpOS83\ to any pOIson, corporation or community not under the absolllto

contIol of the State, nor to any denominational or sectarian institution or associatioil.

SEO, 37.. The Legislature shan not dt- legate to any special commissioner, private

corporation or . association any power to Inake, supervise or interfere with any munici"

pal improvements~ mone; rs, property or effects, whether held in trust or otherwise. nor

to lev~ T taxes, nor tu pe! foIlll any municipal functions whatever"

SEO, 38, No act of the Legislature shall authorize the investment of trust funds by

( l. 7. C\ ntors\ administrators, guardians or trustees in the bonds or stock of ~ ny priv~. te

corporation.

SEC" 39, The LegIslature RhaH have no power to pass any law authorizing the StatH.

or ~: ny county in the :~ Jt: J. t2 or nl'G. nicipa. l corporation, to COi1t: r'( 1Ct any debt or ohligat30n

in aid of : 1uy prh, ate enterprise, nor to give or loan its credit to or in aid of the same;

but neither the State nor any political subdivision thereof shall be plohibited from

l. oaning its creclit or giving aid to the construction and maintainance of railroad, toll

roads, street railwaJ's, canals l reservoirs, water works~ sewers or bridges; prOvided that

the proposition to lend such aid sh, tll first be submitted to a vote of the qualified elee~ ·

tOl'S of the political subdivision affected thereby, and two-- third. s of those voting shall

l'ote in favor th3reof"

SEC. 4- 0" Every ordel q resolution or - vote in which the concurrence of both Houses

may be neceS5aQ', except on the questibn of adjournment or relating solely to the

tJ" 8J1saction of the business of the two Honses, shall be presented to the Govelnor, and

CONSTITUTION.

before it shall take effect be approved by him, or, on being disapproved, be repassed b~

two- thirds of both Houses, as prescribed in the case of a bilL

SEC" 41.. A melnber who has a personal or private interest in any measure or bill pro­posed

or pending before the Legislature shall disclose the fact to the House of which h~

is a member, and shall not vote thereon,.

APPORTIONMENT~

SEC~ ION 1.. One Representative in the Congress of the Unit- ed States shall be elected

n" om the State at large, at the iirst, general election under this Constitution, and thera.

after at snch times and places, and in such manner as may be prescribed by law. ' Vhell

a new apportionment shall be made by Congress, the Legislature shall divide the State

into congressional districts accolc1inglYe

SEC. 2. Until an apportionment of Senators and Representatives is otherwise pro

videcl b~ law, the; y shall b~ diyided among the seveIal counties of the State jn the fol ·

lowing manner: Apache cmmty~ one member of the Senate, and two members of thof

House of HepI8sentatives; Coconino, one Senator and one Representative; Cochise,

Ol1e Senator and three Representatives; Gila\ one Senator and one Hepresentativ6;

Graham, one Senator and two Hepresentatiyes; Maricopa" one Senator and four Repre­sentatives;

Mohave~ one Senator and one Heplesentative~ Pima~ one Senator and fOUl

Representatives; Pina] \ one Senator and two Representatives; Yava. pai, one Senator anrl

tbree Representatives; Yuma, one Senator and one Representtttive" And the several

counties of the State shall elect one Senator at large",

ARTICLE V.

JUDICIAL DEPARTl\ IENT.

'~ SEOTION 1. The J" ndicial power of the State of Arizona shaH be veeted in one S~

preme Court, District Courts, Probate Courts l Justices of the Peace, and such infelim

courts for incorporated cities, towns and villages as may be provided by lawe

SUPREME COURT..

~ EO, 2. The Supreme Court shall consist of three judges, and shall have origina:

juIisdiction in quo wananto" in mandamus and habeas corpus, and appellate jurisdic­tion

in all other cases.. One of said judges shall be Chief Justice; two shall constitut¢

a quorum, and the con. currence of the two shall be necessary to eVeIy decision.

SEC. 3" The judges of the SUpr0111e Court shall be elected by the qualified electors 01

the State at. large, and, except the first election for judges under this Constitution, sait'

judges shall be elected at general elections"

SEC. 4.. The terln of office of the judges of the Supreme Court, except as in this arti

cle otherwise provided. shall be six years, and they shall hold their' offices until the!'

successors are duly qualified"

BEe. 5" The judges of the Supreme Conrt shnU, im_ mediately after the first electiol

under this Constitution\ be elassified by lot, so that one shall hold his office for tow

term of two years 1 one for the term of four years, and one for the term of six ~ Tean

from the first ~{ onday in January, after the Constitution takes effect., The lots shal

be drawn by the judges, who shall for that purpose assemble at the seat of government

and thes shall canse the result thereof to be certified to the Secretary of the TerdtoI"~

and filed in his office, unless the Secreta!'; yof the Btate of Arizona shall have enteree

upon the dnties of his office, in which event said certification shall be filed therein

The judge having the shortest tenn to serV8\ not holding his office by election or aJ~

pointment to fill a vacancy, shall be Chief Justice, and shall preside at all terms of tho

Supreme Court~ and in case of his absence, the judge having in like manner the nex'

shortest term to serve~ shall preside in his stead"

SEC* 6. There shall be a clerk and also a reporter of the Supreme Court, who shal

be appointed. by the judges thereof. and who shall hold their offices duIing the pleasuI't­of

the judges 1 and whose duties and emoluments shall be prescribed by law and by rule.

of the Supreme Ccurt not inconsistent with law. The Legislature sha. ll make provisim.

16 CONSTITUTION"

fOl the publication and distribution of the decisions of the SuprHme Court and for the

sale of the published volumes thereof.

SEC" 7. No person shall be eligible to the office of Judge of the Supreme or District

Courts unless he be learned in the law, be at least thirty years of age and a citizen of

the United States, nor unless he shall have IGsided in the State or TenitOlY of Arizona

three : rears next preceding his election a. nd in the district one Jear"

SEC" 8. No duties shall be imposed l\ y law upon the SupIeme Court, 01 any of the

judges thereof, except such as ale judicial, nor shall any of the judges thereof exercise

any power of appointn1ent except as herein provided..

~ EC" 9" The style of process shall be: " The 8tate of Arizona." All prosecutions

shall be carried on in the name and by the authority of the State of Arizona, and con · ·

elude, Hagainst the peaee and dignit" JTof the ~ tate of Arizona.," There shall be at least

three terms of the SupI81ue Court in each J'BaI, as may be provided by law. Until the

law does so provide, the Court. may~ by au order entered of recoId, fix the time and

places of such terms of court.

REC" 10" An~ y vn. cancJ' happening by death, resignation or otherwise. in the office of

Judge of the Rupreme Court, shall be iilled by appointment by the GoveInOI', which

appointment shall continue until the first general election theIeafter, when said vacan­cy

shall be lilled by election..

SEC.. 11.. In case a Judge of the Supreme Court shall be in any - wa: y interested in a

cause brought before said court, the ISillUi:: llng judges of said court shall call one of

the District Judges not jntelested, to sit with them, on the hearing of suid cause.

DISTRIOT COURTS.

REC. 12. Until otherwise provided by law, the State shall be divided into throe ju.,

dicial districts" The counties of GIaham. Cochise and Pima shall constitute the first

district; the counties of Ymua\ Maricopa~' Gila and Pinal shaH constitute the second

district, and the counties of Mohave, Yavapai, Coconino and Apache shall constituto

the third district.

SEC.. 13., One Judge shall be elected from each distr ict, who shaH hold his office for' a

term of four jlears.. Tbe term of thefitstDhetrict Jlldgeselected under this Constitution

e l mH terminate four years after the first day of Janum: f, aftet this Constitntion takes

effect"

SEC" 14, The District Courts shaD have odginal general jurisdiction of all causes in

law and equitY', and such appellate jurisdiction a, s may be provided by law, and shall

bold at least two terms each year in each county..

~ EC" 15" Appe~ 13 and writs of error shall be allowed from the District Court to the

Supreme Court from all . final detenninations, and from all detenninations affecting

substantial rights"

SEC" 16.. . L1.. ny . Jud~ · e of the ~::; urneme Court, may, in casBS of 6rllergenc; r, sit as < 1 Dis­tdct

Judge. A . Judge of the District COUlt shall he designated bJ ' the Supreme Court

to dt in. the Sup. fGme Coult, tt) hoar and. cl(~ torr, li1l8 < 1ppeals from causes hearq before a

Judge of the Snprerne Comt sitting as a District . Tudge

SEO" 17" The compensation of the 8apleme Judges shall be Four rrhousand ($ J, OOO)

Donars, and District Judges shall be Three Thousand Five Hundred ($ 3,50D) DOnaIS

perannmn.

SEC.. 18.. rfhe LegislatuTe may proyide that at the end of the first term of office of

District Judges herein plovided, the number of Judicial Districts may be increased by

one. An increase Inay be Inade thereafter, but not befon~ raUl' 3' eal'S have elapsed since

the last increase. and by not more than one District at a time. Each increase shall

be only when two- thirds of each House shaH COllcur therein.. Snch increase of Districts

8hall not affect the official term of any Judge. Elections for Judges of such new 1) is · ~

tdcts shall be only when the Judges of the other Districts ale elected.,

SEC. 19. A Judge of the Suplen18 or District Court. shaH not practice law i. n any

Court

CONSTITUTION" 1.7

PRonA IE COU : TS,

eEC" 20" There shall be established in each connty a Probate Court whi. ch ~ han be a

Court of Record, open at all times, and holden bjT one J nclge, elected by the el> ctors of

the countYl and whose term of office shall be two years"

SEC. 21. The Probate Court shall hays original jurisdiction in all probate and tf'star­mentary

matters, the appointment of adminiE'tratoIs and guardians, the settlement of

accounts of executors, admini5tratols and g1Jardians~ and such other probate juIisdie­tion

as is now or ma~' be confened upon it, and in proceedings for the coDection of

taxes and assessn1ents; provided, that the LegisJature ma~, b J' Joca. l or geneTal1aw, in.

crease the jmisdiction <" f Probate Courts as follows, to · · , wit: By giving said COUIt in

any county concurrent jurisdiction " ith the District Court in all actions at law where

the amount in controveIsy does not exceed one tbousnnd doJ] ars, and where the title to

real estate is not in question, and in all cIiminal actions lxlow the grade of felony.

SEC. 22" Appeals from all matters of_" Probate Ebnll be to the District Court whenl

the trial shall be de nnvo"

SEC. 23. The qualifications of the Judges of Probate Courts in counties where thE

jurisdiction of said courts shall ha\ e been increased\ shall be the same as those of a

District Judge, except that he shall be a resident of the count~ at the time of his election"

J" C'STICES OF ' IHE PEACE.

SEc. 2!. The Legislature shaH pIovide for the election of Justices of the Peace, in

each county in this t'tute. They shaH have jurisdiction in all actions at law, where the

amount in controve!' S31 , ezclusive of costs, does not exceed three hnnued doDaI's~ 8nd

where the title to real ostate iR not in iRRI1P: and AhaJ! havA Roch jurisdiction to hear

and determine cases of luisdemeano!' as maj be provided by law"

SEC. 25, Appeals may be taken to either the District Court or the Probate Court, ~

may be provide'd by la\ v" Such actions on appeals shall be tried de novo.

SEC" 26" Until otherwise pIovided bJ law, the Judges of the District Court b; y an orb

der entered of recold in each county, Inay fix the time of holding COUIt in each county.

The District Conrt shall alwa; ys be open fol" Lu~ inet! t; when the Ju. dge i~ presentin

court.

SEC" 27" TherB shall be elected in each county a District Attorne: v, who shall be

learned in the law\ al~ J who shall hold his office for a t81m of two j'eurs, the first terID

ending two years after the first daJ 7 of Januars, after this Constitntion'takes effect\ and

who shall perf01111 t: t. Clll:.. UULb and H" cl':: he ~ uCh_ CQml. cusati(, n as nw; y be prescribed by

law"

ARTICLE VI..

SECTION L The fit',(' R, l ' 5' oar shall emn mence lin th'~ fin~ t. ' Monday in June in eac- lJ

year, un] ess oth<' I'wi8e provided by 100w"

SEC" 2, AU Ian 1:.-; an 1 impr) ve': nents thenotl shall be listed for assessment j

valued for taxation! and asses~ ed s- epntatt'J: l execpt ; l~ hrrcinafter pro\; idt'd"

~: l:! c" 3.. For State revellue lll-' re shtLll be It vJed trlnnally R. lax not to exc ' ed thlee

( 3) mills on the dolhtr IIf the 8s~ e sed valuation of the property in the State, except

fol' the support o( StU te, wi \ 1t · oS tiol1alltlld chalitttble insi: itLlLiuns, the payment of the

State debT, and the intt- J- e~ t fberellll ..

SEC. 4" For county leVelll) C there shall be levied annnally a tax not to exceed two

per cent'_ un on the dotIl- LT' for an purpose;,;;, inclHding general school tax, except fOJ

the: pa~~ men\ of its public debt alld the intele~ t therr on and ex elusive of Stti: te reVa

enue" An ttdditional tax of two dollars for each male person betw- een the ages 01

twz nty one years and bixty ') eaIs, ilj{~ ll sive, shall 8n.~ l1ally le It::' ied for county

school purposes J unless otherwi8e provi<.;, ed 0) law..

18 CONs'rITUTION.

SEC. 5.. N' 0 incorporated city or town shall levy tax to exceed~. · eight m~ 1l8 on the

doUar in any aue yEar, except for the payment of its public debt and.. the interest

thereon

, SEC, 6. There sheIl be anllually assessed and collected in the same manner as

other State revenue may be assessed and cdlected, and returned to th<; 3 State Trea ­rirer,

a ta. x of one min upon each dollar's worth of taxable property, in addition to

all other t~. xes, to be applied as follows, viz: The fund so cre~ ted shall be kept separ..

~ te, and & hall, aUlluall)' T, on the first day of January be apportioned and paid over

pro rata upou all such State indebtedness as may fo! that purpose be presented by

the holdus of the same, to be ent. ered as a credit upon, and to that extent, in extin­guishment

of the principal 0:' said indebtedness If no indebtedness be presented

the iund shall be a sinkingfuud to be devoted to the extinguishment of the prin~

cipal (: f the State debt.. When sufficient money has been accumulated in the sink­lug

funds to liquidate outstuudiDg indebtedness f this Section shall cease to be aper · ·

ative" And there shall beanl1ually assesse: land co11ectedilleach county whose debt

exceeds in the aggregate Fifty Thou~ and ($ 50 J OOO) Dolla1 S, in like manner, a tax of

o · re half mill, as i'cforesaid, the fund to be applied in the same way III extinguish­ment

of county debts.. The Legislature may provided by Jaw for the investment of

a.. ny bt11ances of the sinking fHnds in the State and county securities until the funds

can be devoted to extinguishment of theindeb~ edness..

SEC.. 7" ' Ihe State Treasurer shall keEp a separate account of each fund in his

ha. nds, a. nd shal1~ at the end of each quarter of the fiscal year, report to the Gover, ·

nor ill writing under oath. the amount of all moneys in his hands, to the credlt of

every such fnnd; the place where the same are kei t or deposited.. and the nUIG. ber

and amount of every W. tlnallt received, and the number ~ nd amount of every war"

rant pa) d thelefrom during the quarter.. \ Vllfu~ ly swearing falsely to any such re­port,

shall be deemed perjury, ' Ihe Govenlor shaH cause every such report to be

immediately published in at 1east one newSl) apeI, printedattbe seat of government~

and otherwiEe as the Legislature may require. ' 1 he Legislature may p! ovide by law

for further regulations for the S'hfe keepIng and luallagement of the pUblic funds in

tIle hands of the Treasurer" But notwithstanding any such regulations the Treas..

{ irer and his sureties, in all cases~ shall be held respousiule therefor ..

SEC.. 8, The making of profit, directly or indirectly, out ot State, county, city,

town, school district or other public fund, or' using the same for a. ny purpose not

authorized by law, by any public officer, shall be deemed a felony, and shall be

punished as provided by law

SEC" g, There ~-, hal1 be a State Board of Equalization composed of the Secretary of

State, State AndHol', and TreasureI The Jnties of the Stak~ Board of Equa. liza. tioll

shall be to assess Rnd e<{ unlize, at their actual value, the frBl1chises, roadways, road · ,

beds, rails and lolling ,. took and all other property used in the operation of all rail..

£' o'l. ds and other- common carriers, except machine shops, rolling mills, hotelR, a. nd

station houses in this State, which shall be assessed by the local assessor in. the sev...

eral counties where situated_ Such assessed valuation shall be apport. ioned to the

counties in which said loads and common carriers are loeated, as a basis for taxa-,

tion of such property; provided, that the assessment ~ o made shall not Rl\ ply to in,

cOlporat(~ dtowns and cities" Said Board shall perform such other duties as may be

prescribed by law

. SEC" 10" There shall~ be~' aCounty Boa.. rd of Equalization in each county of this

State, compo~ ed of the Board of Supervisors of the respecthe counties The duty

of tbe County Board of Equaliza tion shall be to adjust and equalize valuations of

property made t listed and reported by the assessor of the l'especth" e coun ties, and

such other dutieb as may be prescribed by law"

SEC.. 11" All property except as in this Constitution other'wise provided, sllall be

uniformly asses" ed for taxation, and the Legislature shall presmibe such regulations

a. s shall secure a just valuation for taxation of all property, real and personal"

License taxes shall be as hereafter provided oy law.

CONSTITUTION. 19

S: ElC. 12. The f'roperty of the United Sta. tes, tbe State, counties, cities, towns,

school districts, municipal corporations, public libnnies, lots with t. he bnildings

thereon used exclusively for religious worship, and public cemeteries, shall be ex­empt

fronl taxation, and sueh other prooeny e. s the Legislature by a two- thirds vote

of each ' house may by general Jaw provide..

SEC" 13, No tax shall be levied except in pUfE. UallCe of law, and every law impos..

ing a tax shall state distinctly the object of the sanle, to which only it shall be ap..

plied ..

SEC 1,4,,, ' fhe power of taxation shall neyer be surrendered or suspended, by any

grant or contract to which the State or any county or other municipal corporation

sha11 be a pal tv

ARTICLE VII..

PUBLIC IKD'Ji: BTEDNESS"

SECTION 1.. The State of Arizona 8hall not in any manner clea1 e any indebtedness:

excluding debts exis~ ing at the adoptie- n of this Constitution, exceeding one peJ

centu1TI on the a, s~ essed va1ue of the taxable property in the State, as sh'- VllJ by the

la~ t go;' nelal as~ essm. ent for taxation procEediDg, except to suppress iuslluectio:.:; OJ

to ~: novide for the public defense.

SEC" 2, No debt in excess of the j axes f ~' r the current ~ ear shall in a, noy manner be

created ill the 8tute of Arizona, unless the proposition to create such debt shall ha, ve

been submitted to a \" · ote of the people, an d by them approved, except to suppre~ s in

surreetioll or to provide for the public deff': n~ e.,

SEC, 3" No county in t~ e State of Arizona shall in any manner create any indebt

edness, excluding debts exi. sting at the adoption of this ConstitutiOlj, exceeding two

per centuln on the assessed value of t~ xable ploper ty in 1- iuch coun ty, a ~ shown b,

the last ' genera1 assessment preceding; provided, however, that au \ county, city,

town, yilhi. ge or other sub~ dlyision ( II t::{, St111e of Arizona, may ' Jond its public debi

exi~ ting at the ti111e of the adoption of this Constitution.

SEC, 4., No debt in excess of the taxel- l fOI the clluent year shall in any manner be

'(', reated by nny county or sub- division thereof, or any city, ' Lo\ vn or yiil< Jge or an~

snbdlvision thereof, in the f:: tate of Arizona, un] ess the proposition to mente such

deb;; shall have been 8ubulitted to a vote of the people thereof~ a nd by them ap

ploved"

8EC, 5, No Cit; y, HHvn 01 village, or finy snb- divi, joll thereof, or allY 8ub- diyisil) D

of any county of the St. ate of Arizona, shaH in any]~ . t111Uer creare a~ lr illdcbtedlle~! 5

exceeding two per centum on the assessed \. alue of the t: 1X'- ibJ. e propel ty , heIeill;

pr'Ovided, hO\ VeVBI, that any city, town or VIllage may be t1uthorized TO creat'~ :-: n lid

ditional indebtedness not. exceeding fOlll per centum on the as: 5e. ssed value of the

taxable property tl1ele- nl~ u. s shown by the li1st preceding- general as~ e6smellt ft I'th€

pUIpose of bUIlding se" ve. rage therein" F'Bbts contra,{~ ted for supplying wilter to ~ lJeb

city 01 town~ and the debt existing at the time of the adoption of this COll::: titution

are excep'ttd floIn the operation of this Section

SBC" 6, No money shall be paid out of the State Treasury except upon appropria.,

tion by law and a Vtrallant dra,,' · n b~ the pro: pcr o: f[; cCl', alld no ' bills, cla. illlS, aI}'

counts, or denlands ugainst the State, 0]''' an~\: county or poEtict" l, l ~ ub- divisi( Jn there

- 0':, shall be audited, allowed or paid unttl a full itemi;, l; ed EUl, ternent in "' Yliting ycd,

tied by affi- dav3t, shall be filed with the oilitcr or officers whose dur. y it rnay Le tel

audit the same

SEC, 7" No bond 01' evidence of indebtedness of tn- e State shall be ~'& lid u111es~

the Sl11ne shall have endoIPed thereon a celtifir. ate signed by the A nditor ! l, nd Se(; n~

tary of Slate, that tl1e bond or evidence of debt is issued put: uant to la ' W; aDd iE

within the debt limit Nobondof anv cO: 1nty 01 bond of any tow'nship or other po]

itica. l sub- division, shall be valid unless the same shall have endOlsefi tl; erBon B, cer

' tifi- eate signed by - the Chairm. an of the Board of Supe: rvls~) Is., or other ofl~ lceI < 1uthor

2) CONSTITUTIO~"

ized by In, w to F'ign Fuch reI tificate, stating that said bOll ' 1 5s iS~ l1ed pursuant to lawt

and is within the dt: bt limit"

ARTICLE VIII.

- EDUCATION..

FFCTION 1 ' I'be Iegislutu!' e at its fiI~ t ~ ession after the adoption of this Constitu

lion, shall e!' tiLhli~ h a. nd m:- dn fain a llniiorn1 ~)" stem of free eummon schools.

SEC, 2" The schools shall he open to all ~ hildren of the State of Arizona, excEpting

the ehildren of lwiians not taxed

S. RG 3 An common schools, univeY'sites Bnd other educational institutions, for

the suppn!": Ill' ich land-- ha. ve heen granted to the StHte, or which fire supported

by a pnblic tax, F'ha. ll Temui under the absolute and exciush~ e c . ntrol of the State,

end 110 mOlle- y Hl. i, erl for the suppOrt of the puhlic s<.: 110018 of the State ,-: hall be applo ·

priateJ or u~ ed for the snpp" rt of any educn.. tional institution, wholly, or in part~

under ~ ectaIian or eccleshlstieal contIol, - No religious test or qllali:' jeation shall

ever Of' required of any per~ on IlS [ 1, eondition of ndmis~ ion into any public educa­tlonal

in... titutl( JIl of the ~ tatp, ei ther liS teach er or student, So !< cctarian 01 religiolls

tellPts or dnctri) les shall ever be tang- ht in the public ~ ch() ols, nor shall any books,

papprs, tracts or documents of a politicsl. sectarjan or denominational rharaeter be

used or il · trodl] Ced in mlY sehoo] e .. tH, bli~ hed under the provisions of this Article.

AH public Sf'hool exen h: e~ j11 this 8t ate shall be cOlldl1eted in the English language,

and n. 111eaeher ~ em p10S cd in the ed \; lea tional institutions under the control of the

State shatl he C'iti. z: el1f' of the United SUites

Sfi~ C" · 4.. The genelal ~ uperd" ion oi the common ~ chooh of the St'l. te ~ hall be vested

In a Board of Edur,} lti Oll\ C n~ is1ing of the Go\ ernoI 1 the Superinft.) lldent; of Public

ln~. trnctjon, and the State Trea~ nrel. the po\ yers alfd d. llties of which shall be pre"

scribed by law, and who ~ hall " erve < 18 su{~ h BOlUd witbout eompensation"

SF, c,. 5, A :-: nperi ntendcnt of I- ull1ie ~ nstru(' tion shnJl be elected, whose term of of

flee, powers, duties and Cl illptllsation shall be prescribed by law.

ARTICLE IX"

CCl\ nroN SCHOOL FUl\ DS AND I~ AND::;:"

SECTICN 1 All proceeds of the public ]~ 1l1ds that have th(' retofore been, or may be

hereafter gran ted, b~ the United StHtef' fOl the ISll'Pport of the s ,: hool sy~ tem in thi~ State~

all ~, l1eh pel centllJD as mny be gra, nted by the United States on the ~ ale ot public

l} lDds: the pto~ eech of prupeTty that shull fall to the State by esehe, t; the proceeds

of any girts Hnd donatiolls to the StRte i'or the COmll. lOn ~ choo18, not otherwise ep..

proprhL'ed hy the teln~ s of the gift; all moneys which shall be paid by persons as

equh: alent for exempLion iI\ lrn DlilitflIY duty; together with ~ ueh other means as tb

Legishuute ma:\ pro\' ide l by U1X or other,' o'i~ e, shaH bp. inviolably appropriated to the

support of the common ~' chools" Provioed, that tbe proceeds of all lands that have

bert Lofo' e, or mIt:' 11ereafter be nppl'opriateo or granted for the mnintenanee of the

Unhersity of i\ rizona. ~ h: lll b, inviolttbly Bpplied to the Sj ec: ific lJSe of the origina. l

gI~ Ll1t.. Provided, tha. t the procfed~ of all lands tha. t have been heretofore, or may

herenfter he appr() pri~ 1ted or gT~ n1ed for the maintenRl1ee of Territorial Normal

Schools, ~ h9.. l1 he ill\ iolHbly npplied to the spedne use of the original grard,

SEC" 2 Tbe legi~ lHtUl" e shall plovidp. fot the dispo- al of the lands heretofore

granted or ~" hjcb Inay hereafter be gral1ted to the State for educat. ion"! l purposes, by

lease and sale, the TnOCeer1s of which f'. llall constitute a permanent and inviolate fund

the intt" I'eSL of v,-} 1irh, only, shell be used, and for the equitable di.~ tribntion of such

interest within the eonnt, ies of the State, in proportion to the child en of school age

thereot Said proeeed~, v; rith any unexpended interest, or rental, shall be invested, in

bonds of the TJniterl RIAtpf'" ' hnn~ fo: of the · StRte of Arizona. bOlld~ of school corpora,",

tions, Of' III first l110rtgage on farm lalld~ within the StH. te, not exceedIng in amount

one third the actual valu€: of any sub~ divisiononwhich the same may be louned o

CONSTITUTION. 2]

SEC, 3, ' rhecn~ to( lLln3 of ~' fii( l funds ~ h;' 11l tIe the same as p" ovined bylaw for State "

& lH1 (' uunty fliLl J: s, ( lH( l i1llr los~ es shaH be mlld~ good I>~" the Sta. te~ principal and in­tele~

l..

H";,~.! The Sate BO: ll i ot Edncntion shall ~: tn~ e a. ll the Iltnds to be appraised b,

f , I; } I n appr> tber: o; IJ Ltl uf whom at leHst :-; haJJ b~ le:-. idents of the county whcreLn the

l'~ II < 8 to be Ilppr, ti.; e i de ~ i t 11:! te, d. nd niter ; LlJ ~ lleh ldllds shltlll-:< t\ · e been appraised~

sfrld . I---:> Ol1rd slJr. dl de~ igl1( Lte lot ~ i( de ~ u(' h ] a. tl( j~ H:' i they ill; lY think most I1dvuntag- eouli

i( H tbe pnblk intni:~ t tu he ~ nld, a1ld elil:--~ i ty the ~ a.. me uy thC:' uses to which thl':-' J

lW1~' , e applied, Bnt not. mute thun ol1e- fOllnh uf the l. tnds belonging to an' 5" one o~ ,

the ~ t'd ela.~~ e~ sh'ill he s'IId { iarillg a. lJ~- pel iOl1 of t1ve ~' ears, commencing with the

daLu on whieh Lhb C ) ll'~ i it! l [ tun goes into clf~ eL. '

:- F. C,, · ,:} The Legi:-- latlll'e ~ hllll prescribe 1> 5 1< 1\'. the limit to the quantity of lend

wIlld! fitly be le; v.. ed or ~() ld to / lny one indi "" idultll company or COl poratiol1., and no

law-, shuJI e\' er lIe llB. s:-, ed gW, ll tin~ to : tllY perSOll., cor pOI, ltioll or ils~ ociation, an]

pridlege, r15 · le t. SOll ot ( Ii cllpation or cultinJ. tlun of any ~ ehoullallds, b~ said person~

cOlptJt'<. Ltion or HI"~ o(:; Lt iOll~ ~: lb~ e<. lnent to tile :-; uney tllelcoi, oi the general govern · '

mellt, 1' 0 claim for tIlt o( eUpl1tiOll., or cnlti';' l1tioll of ~ l. ny sChut\ 1 la. 1Hi::; shall e\ t~ r be

l'eeogniud-, nnr Sh~ IH :, n(' l1 oc~ up! Hio.~ I,. or eultiva. tioll (- f a. ny schooL lands ever b~

nsed tu dimiui h, either directly 01 indire(' t1~, the ~ ale 01 :: el1tal value at said lands

B lIt Lhe StU 1 1) H, rl ~; lt i 1 ed. lh~ to be :-: tppro: tised the ve.. 1ll11Uen t ilnprovemcnts made

on an~ school L: tnd~, <-',, 11< 1 ~, le \' 1ihle of the IH. nd !-) epH lCttely" \ V Leu sud; lan- d is ~ old :

the pnrch, i:-; er Lltere'Jf in : tdtiitioll to the value 01 Lhe ld. llrJ p, LiJ to the State l t. lw. ll pa,

to the owner oi ~ lleh pefllHLHellt imVl'tHCUlelits the llmOUllt of their ; llJpraised value

lrhe owner of SIH:: h permll. aent iml- HoVell1(:, nt~ ~ hl111 h; iVC the optiun to tJecome the

pllwh; t~ er of ~ ald !; tlHh itt 1He higbe5t offered ) J, riLe and on snell terms as the Legisla,

ture ffia. y f') y g~ llt'flL1 la v.,; p~ l'..- ide"

S. l~ C" 6" N~) lU: lcl ~ 111t11 l) 1:.~ le; L~ ed for a perilhl langeI' than ten yea. rs, nor' shall au,

lalhl be sold for Je~;-.: t11,1 u the apP1aised Y~ LhH>. I-~ u( l ill no (' H, se ior h~ ss lhan ~ 10 00 pm

acre unless orherw ~ e IHtJvideu ill the EniLbling Aet ,1dnlitting Arizo'H1 as a State:

nor f.. hall allY land be:-\ . ld til lel1sed i. n } U}~ other llH. nner than a. t puulic auction, and

in accordance with such IUies and regula. tlullS as ma~ T be ple~ cribe- d by hnv.

ARTICLE X"

S'GFFRAGE,

SECTION 1.. E\' ery mr.. le citizen of the Ullited ~ ta tes of the age of twenty.. one yeaI:!'

aw1 upwards ( excellL id iu{. s, lUllc!. tics, soldierH~ S8: lInen, or 111ali i el s ill tne army 01

lll- tvy of tbe Uuited t) ca. te::,. Indians not taxed, iLlHl r~ erson8 e(} Jl'\' ieted of a. ny infslDOUf'

or eapital eri meh Wf () h)- l:: 5 rei-: ided i'l the St< l, te 01' ' 1.' eniLOrJi one ~ ear and in tht

county wherein ~ nch te~ ide! lre is loca. ted nInety days next prpc~~ dil1g Hl1Y election

shall he entitled to ''' Ole tLt such electIon, pr'odded thaL in ~ cbool elections t. heN

shull be nu denial of the electiH~ frt1nehI~ eon a, eeuul; t 01 sex"

SEC, 2, NothiHg her'dn ~ lll- tlt be cun:: it. rued to deprive l1ny per~ on of the right io

vote who hIlS sueh ri.:; ht at the time of the rLdoptioll ul thi::; COllHituti. 11"

SHU 3" The Legi~ ll'tture shall be cmpo\ vered to make fnrtht r extensions of SUI

frage hen.-~ iLfter, : It its dl~ tretlOll, to all cltb:: ells of Inatllle u- lld ~ ound mind, not COl},

victed of any cd, pit- Hoi or i I Ihun0 ll" i (' rime, without regard to sex. Bu.!. no law extend

ing or restri. etillg tl1, j ll: sht of suffrage shltll be enl()! eed until a. dopt- ed by a majorit,

of the elector::; vi Lhe Butte \" oting at it gellexilJ el~ ctio! l"

SEC, 4" lJ'ne mode , Ltlli I1LLlIller of holding- electinlls and ill, 1king returllS thereot

shall be9. s they now are, or may hereafter be pl~ scribed by law,.

ARIICLE XI.

SEAT OF GOVERN! lfENT..

The seat of government shall be, and teulain pfrmanent, at the city of Phffillix, in

the county of : L\ laricopa, until othenvis~ ordered by a two- thirds (%) vote of the Leg"

islatuIe, and a majoIity vote of the people, legally authorized to vote at any gener& 1

tieetiol1" \ Vhe'l1e'ver the question of rernoval shall have been submitted to th€ ; J$ G'"

pIe as herein provided, it shall not figel, in be submitted until after the term of ten

( 10) years, and in the mannel herein p- rescIibed

ARTICLE XII

MIL I ' IIA

SeC'IION 1.. The militia of the State shall consist of all able bodied male citizens of

ilie State, between the ages of 18 and 45 yeu, Is, except such as are exelnpt~ d by the'

l. aws of the United States or the State.. But all citizens having scruples of conscience

sver~ e tu ~ aling iU'm~, shall be excused therellolll upon such conditions as shall be

prescIlbed by law..

SEC" 2.. The LegiRlature lnay provide by law, for the cnI'olhnent 1 equipment aIld

~ sciplilleof the militia, to conform as nearly as plactici1ble to the regulations for

me government of the annies o{ the United State's"

SEC, 3" All militia officeIs shall be co~ nl11issioncd b- y the G. jyerner, the manner of

ilieir selection to be provided by la\,., and ma.. y hold their conuniss- iollS for such pe,~

nod of time as the Legislature rnay provide,

SEC, 4" No military organization under the laws of the Stite shallcanyanybanner

() f flag representing any sect or society or the fla. g of an5T nationality bu!) that of the

United States",

ARrrIC1E Xln"

1';~ A~ ME AND BOU1" DARY"

SECTION 1, ' l'he name of this State shaH be " Arizona, H'

SEC, 2 The boundalies of this State are, and shall remain as fol1ows: Beginning.

At the south\ vest COIner oi the State of COlorado, the Sl: 1me being the northwest COl' ­Dter

of the ' l'erritory of New Mexico, a'S established by A. ct of Congress FebIWlI~ 21thf

lB68; thence , vest with the thirty- sevent11 pn, rallel of north latitude, to ittJ intcrsec ..

tion vdth the east boundary line of the State of Nevada; thE' 11Ce south with that

OOiil1dary line to its intersection with the center of the Colorado river; thence fol ·

lDwing down the center 01 si1id riv81 to a point on the boundary iine esta, blished by

ttei1ty between the United States and the Republic of : ThIexico 1, dated December 30th,

} S:) B; thenee easterly, folloWing said treclty line to its illterseetioll \ vith 109 degrees

!; minutes 59 seconds 25.. 100 of longitude west 01 Greer: vd. f~ h; thence north with that

degree La the place ot beginning,

SEC. 3,,, ' fl: tele shall be a seal of the State v{ hjch shall be kept by the Secretruy of

~ H~ lte, and shall be caned the " Great Seal of the State of Arizona," and the seal of the

ferrHory of Arizona. shall be the seal of the S'tat(~ until otherwise p!' o'\ ided by law"

ARTICLE XIV,"

co~ n> ACT WITH THE UNITED STATES.,

SECTION 1. ' I'he 5' tate of Arizona is a. n insepaIi1ble pn, lt of the Federal Union, and

ilie COll<:; titlltioll of the United States is the supre1ne law of the 11111( 1.

8l<~ c, 2, The legal debts alld liabU1Lies of the Territory shall be assumed and paid

at'! this State"

SEC, 3, The people inhabiting this State do a. gree and declare that they forever

. tisclaim. all right a. nd title to the unppropri< 1tecl public lands tying '\ vithin the boun · ·

: is. ries thereDf, and to allla- nds IJ: ing within said liJl1~ tS owned or beld by any Indian

(} or Iudhlll tribes, and thatuutil the title thereto s1lfdl have been extingUished by the

United States, the SalTIe shan be and Ielnain subject to the disposition of the United

~ a- tes, find said Indian lands shall remain under the absolute jurisd~' ctionand eoIt.,

l; rol of the Congress of the UniLed 8tatcs; that l,~ le l~~ llds 01' other property belonging

CONSTITUTION...

tu citizens of the rrnited Stat~ s residing \ vithout this State, shall never be taxed at$

higher rate than the ItUlds or o'J1er property belonging to residents thereof; that no

tax shall be imposed b~ · the Sta. te on lands or property therein, helonging to OJ

which may hereoJter be purchased by the United States or reserved for its use. Bllt

nothing herein shall preclude the State flum t! txing as other lands are taxed alIJ

lands owned or held by' any Indian who has severed his clibal relations, and has o~ ·

taiued frolll the United SUl. tes or from any perSOll or source. a title thereto by paten1

or other gIant~ save and except such l, tnrls as have been or m. ay be granted to a~

Indian or Indians under any Act of Congres-; containing a provision exempting tbf:

lands. thus granted, froIu taxation; but all such lands shall be exempt from taxati~

by this State so long and to such extent as such~ ct of Congress may prescribe"

ARTICLE XV"

~ OUNTY GOVERNMENT

SEctION 1.. The severa, l counties ill the Teaitorv of Arizona as they shall exist 91

the tin1e of the admission of snid Tenito: ry as a State, are hereby declared to be thE

' counties of the State of Arizona"

SEC. 2.. The Legislature sliall plovide by general law for organizing new countiOO l

locating the county seats thereof temporarity, and changing county lines; but 00

new county shl1Jl be formed that does not contain at least one thousand squal'€

miles, and shallleav- e the county or counties from which it is form- ed to cont. ain not

less than one thousand sqnare nliles each j ana. that shall also contain within tbe

limits of su, id lle\ V county propelty of the value of one Iuillioll dollars as shown lJJ'

the last preeeding tax returns; fl, nd not then rrnless the old county or counties from

which it is formed shall eu,{'. h be left to cOlltain at least one and one half million dol..

hus of taxable property as shown by s: tid last tax returns. And no new county shall

be organized nor sha. ll any old county be so reduced as to contain a population 01

less than fiiteen hundred actual and bona fide inhabitants.

SEC, 3., Every new' county shall assume and be holden for its PIO rata of the in

- a. ebtedness of the county ot' counties from which it may be formed"

SEC., 4, · The Legislature shaH establish, subject to this article, a sJ1' stem of count)

govenllnents which sha. ll be uniform throughout the State; and by gellerallawf;

shall provide for township and precinct organization and goyernment

SEC" 5" The L~ gi81ature shall provide by general and ullifoIlU 180ws fcn' the election,

biennially, in each of the several counties of this State. of a Board of Supervisors,- t)

Sheriff' who shall be ex~ officioTax Assessor until otherwise provided by law.

A County Trcasul'er villo shall be ex- officio Tax Collector until otherwise provided

by law.

A Probate Judge who shall be ex- officio County Superintendent of public schools

A County Clerk who shall be Clerk of the District Vourt, and County Recordm

until otherwise provided by law, and a District Attorney"

The Legislattlre shall provide for the strict accountability of county, township,

, precinct and municipal officers, for t? wllllloney and fees which may be collected 1Jy

them, or shall officially come into their hands..

SEC.. 6" The Sheriff, Clerk and ex- officio Recorder may be empowel'ed by tht

County Boa. rd of Supervisors to appoint such deputies and. clerical uEsistance as' the

' bu~ il1ess of their offices lUC1Y require; and said deputies and clerical assistance shal~

receive such compensation as may be fixed by the Board of Supervisors..

SEC.. 7'.. The officers provided for herein sl: lall receive such compensation for theil

, allllualservices as may be provided by law"

SEC.. 8, The Legishtture shall provide by general law, for such regulation of coun~

government and the election and compensation of such county officers as may be ·

' Come necessary..

CONSTITUTION"

AR rIeLE X\'" r

ST.\. IE l~ SIlIUIlONS

SECTION 1 EdIlCn. tiolln. l, refornlatory Hilll penBl instHntions, and those for the

oene: fit of the l11Hane, blill< l, deaf and dnm~), and sueh other public institutions 9.5

the public good may require~ ms., y be estti, blished, and Sh! l! l be maintained and con­t1'

olled by tbe St, lte, in i: luch mallner, and uuder ~ mch regulli. tiollS. as may be pre..

SCItbed b~ Y la. \ V"

SEC" 2" All property and illstitntiollR of the Territory of Arizona shal1 j upon the

:: adoption of this constitutiJll, become the property aDd institutions of the State of

Arizona"

ARrJCLE XVII

CORPORA" IIO. xS"

SECTION I, All existing charters or granls of special or exclusive privileges under

which the cO'iporators or grctntees shnJI not h) t\" e orgllnized and commenced busi­ness

in guod raj th at the time lIf the anoptilH1 of this constitution shall therelliter have

no validity except snch corporation~ or grantees whose time to organize under their

chattel' org!' ltnt h~~ s Hot expin'd ~, t the time of the aduption of this Constitution,

SEC, 2" No charter of incorpora. tion ~ hall be granted, extended.. ehanged or

anlenrled by ~ peciaJ lliws: but the J. Je~ i::-! llltnreshall prescribe by general law fot' th~

organiz< itiou of ttl! corporaLiou.~ 1 private, public and municipal hereafter to be CI'e · ,

ated.

SEC" 3" The If'gislature in addition to the powe- rs granted in this Constitution.

shall pIV'dde by law the l11elhnd whereby the court may revoke or annul allY charter

01 illCOl'pOnHion E'xisting and re\" ok~ tble a t the time this Constitution goes into effect~

or thttt mar therCtl Iter be cf'f-,' atctl. \\' hcne\" cr it may be injurious to the citizens of

tbeStatet ~ nd in s1lch Inanner that uo injustice be done to the corporator's or cred · ,

Uors..

SEC" 4, Any association or corporation orga. nizeri for the purpose, shall have the

right to construct tl. nd i) OerHte r. · dlrnivls, telegraph lines, or canals for canyingwater!

between any de~ i~ nB. ted points within this State.

SEC.. 5.. All individl1als~ asso{' iation~~ or corporations shall be given equal rights of

trangportatioll by common Carrit.' Is, and no undue or unreasonable discrimination

shall be lllHde in charge~ or faeilities of iSaidUallfo'poriation by such common canier..

SEC" 0, Tht' right of eminent domain shall never be abridged, or constt'ued so as to

prevent the Le~ bll1ture from tl1\ dng the property and franchise of incorporations

and snbjectiu=.{ them to pllb'ie use the same as the property of the individual citizen,.

BEe 7 All fictitious inC[~ a § e of capital ~ toek or indebtedness of corporations shall

be void,

SEC, 8" Any corporatif) ll existing nnder the laws of the Territory prior to the

adoption of tlli~ COllstitution may' by re~ olution of its directors, authenticated by

the signatures of its offkers, and seal, elect to come under and enjoy the conditions

and advantage8 oi thh; ardele by filing sa. id 1esoluLion in the office of the Secretary

of Sta. te.

SEC. 9" Any pre~ ident1 directoI'r manager. cashier or other office: r- of any banking

( nstitution who sha, ll receIve 01 a. ssent to the reception of deposits of money after he

sha. lll1a, vc knowledge of the fact that such banking institutIon is insolv- ent, shall be

individually respousible for such deposits so : received and shall be punished cItm, ·

lnally.

SEC" 10.. All corporations shall always be subject to the power of the State"

ARTICLE XVIII..

WATER AND WATER RiGHTS.

BECTION 1. All natural streams and lakes within the boundaries of this State, cap~

able of being used for the pur'poses of lluvigation OI' irrigatioll 9 are hereby declaled

io be the J! J. uj; Jtlty of the State.

CONSTITUTION.. 25

SEC, 2, The common law doctrine of I'iparian water rights shall never be applied

in this State, nOT shall the right t) use water heretofore lawfully appropriated to

beneficial uses evet be del. ded,

S~ C, 3.. The right ot the people to appropnate and use the unaporopriated waters

of this State, for benefieial purposes, shallneveI be denied: priority of appropriation

6hail give the better right always, : I'.

SEC" 4 The right of individuals or corporations to construct reservoirs and im..

pon nd and appropriate the surplus and flood Wt teIs in this State, for sale, I'ental~

domestic, stock, 01 any beneficial purpose, shall never be deniE. d.. The first locatoy

of a resf: lvoir right shall have priorily, A failure to construct reservoirs and canal~

within a Ieasonable time after location, ann a faiLue to use reasonable diligence to

maintain the same 80 as to supply water, shall be held to work a forfeiture of such

right"

SEC" 5" ) Tvery appropriator of water shall use the same reasonably and eeonorn"

ically"

SEC {) The lllode and manner of acquiring and exercising all of said rights shall

be subject to Legi\ 011ative controL

SEC" 7, ' l'he Legislature shall have power to authorze the organization of distIict~

and the creation of a debt for the construction or purchasing of dams, eanals a, nd

ditches and other applianees - required to supply water to land in said diRtricts; bU1

such debt, principal and interest, shall subject onlY the lands benefitted or reclaim

ed to taxation to pay the same,

SEC 8, The Legislature shall pass laws requIring the owner 01' owners of ever~

diteh or canal from which water is rented or sold to other parties, to use Ieasonabl€

diligence in keepjng such ditch or canal in such good condition and repair as to sup

pl~' I" the water required"

ARTICLE XIXD

FORESTRY,

The Legislature shall enact laws to prevent the destructIon of and to preserve th~

forests Oll the lands of the State, and upon any part of the public domain, the control

of which may be conferred by Congress upon this State..

ARTICLE XX"

LABOR"

Eight hours shall cor.. stitute a day's labor on all State works,

ARTICLE XXI,

A. ftIEND1tH~ NTS,

SECTION L Any amendlnent ot' amend, ments to this Constitution may be proposed

in ei ther branch of the Legislature, fLnd if same shall be agreed to by a lllajori ty oj

the members of each of the two houses, voting separately, such proposedamendmen1

or amendments shall, with the yeaR and nays thereon, be entered on their jOUIl18,] f

and it shail be the duty of the Legislature to submit such amendment or amend

ments to the e1 ector's of the State at the next general electi. on, and cause the sam~

to be published without delay for at least six conseeuth'e weeks prior to said elee

tio11, in not less than one newspaper of general ciroulation pnblished in each coun

ty; and if a majority of the electors shall ratify the same, such amendment OJ

amendments shall-, become a part of this Constitntion,

SEC" 2 If two or more am~ l1dment~ are proposed, they shall be submitted in suet,

malluer that the ele:-- tors shall vote for or against each of them separately

SEC, 3, Whenever a majority of the members elected to each branch of the Legis

lature shall deem it necessary': to call a convention to amend or revise this Constitu

tion, they shA. l1 SU'QIDit the proposition to the next succeeding Legislature and if i.

majority elected to each bra, nch of that tegislature shall COlleUl therein, they shal1

l'ecommend to tb: e~ lectorstQ, yote at the next general election for' or against a Con

vention, and if a majority alan the electors voting at saId election shall have voteo

for a Convention, the I~ egisla~ tfreshall at the next session provide by lawfor calling tlM=

26 CONSTITUTION..

SEC.. 4 Any constitution adopted by such convention shall have no validity until

it has been submitted to and adopted by the people.

ARTICLE XXII

SCHEDULE

SECTION 1. That no inconvenience may arise from a change of the Territorial

government to a permanent State government, it is declared that all writs, actions,

prosecutions, claims, li" bilities and obligations ag- ainst the Tenitory of Arizona, of

whatever nature, and rights of individuals, and of bodies corporate, shall continue

ItS if no (' hange had taken place in thi. government.

And all process vhich may, before the organization of the Jndiciary Department

under this Constitution, be issued under the authority of the Territory of Arizona,

shall be as valid as if issned in the name of the State

SEc. 2 All property, real and personal, a, lld all moneys, credits, claims and choses

in action belonging to the Territory of Arizona at the time of the adoption of this

CDnstitution, shall be vested in and become the property of the State of Arizona.

SEC. 3. All laws now in force in the Territory of Arizona, which are not repugnant

to this Constitution shall remain in force until they expile by their own limitation..

or shall be altered or repealed by the Legislature..

SEC.. 4 All fines penalties, forfeitures and escheats, accruing to the Territory of

Arizona, shall accrue to the use of the State.

SEC 5 All recognizllIlces, bonds, obligations or other un: lertakings heretofore

taken, or which may be taken before the organization of the judlCial department,

under this Constitution, shall remain valid, and shall pass over to and may be pros­ecuted

in the name of the Stltte, and all bonds, obligations or other nndertakings

executed to this Territory, 01 by any officer in his official capacity, shall pass over

to the proper State autho" ity and their successors in office, for the uses therein reo

spectively expressed, and ma, be sued for and recovered accordingly. All criminal

prosecutions and penal actions which have arisen or which mny arise before the or­ganization

of the judicial department under this Constitution, and which shall then

be pending IDlY be pr03ecuted fo jndgment and execution in the name of the I: ltate.

SEC. 6 All officers, civil arid military, holding their offices and appointments in

this Territory, under authority of the United States, or under the authority of this

Territory, shall continue to hold and exercise their respective offices and appoint­ments

until the State government becomes operative under thisConstilution..

SEC 7 This Constitution shall be submitted for adoption or rejection to a vote of

the qualified electors of this Territory, atan election to be held on the first ' l'uesday

In Decemocr, A.. D 1891 Said election, aR nearly as may be, shall be ordeted and

conducted in all respects in the same manner as prOVided by the laws of the Ter- ­ritory,

except that personR entitled to vote for or against the adoption of this Consti­tntion,

shall be as follows to- wit: All male persons over twenty one )' ears of age,

exclu'ling Indians not tax', d, who shall not have been convicted of any capital or

infamous crime, and who shall be citizens of the United Stat. es, and who shall have

actually resided in the Tenitory for sixty days, and in the county for tel' days next

preceding the ejection No registration of electors shall be required for the purpo

of voting at the election herein provided for The Governor of the Territ. ory shall

make proclamation of the time of the submission of this Constitu. tion to the electors

of the Territory at least thirty ( 30) days before the time fixed for submission, and he

shall cause saId proclamation to be pubhshed in at least one newspaper pnbHshed in

each county of the Territory Atthe said election the ballots shall be in the folL w­ing

form: ": V"' or the Constitutioll, ' Yes' ' No,,'" Any person may have printed or

written on his ballot only the words " For the Constitution" or " Against the Consti'

tution" and such ballots shall be counted for or against the Uonstitution accordingly.

All votes cast at such election, for or against said Constitntion, shall be connted and

returned to the Secretary of the Territory in the same manner as votes for delegates

CONSTITUTION. 21'

to Congress, and he shl< ll canvass and make known the resnlt within forty daY'f

after said election, and tbe Governor is required to declare the result of the votecaS1

and returned, on the adoption or rejection of the Constitution, by proclamation,

when the . ame is certified to him by the Secretary of the Territory

SEC.. 8. This Constitution shall take effect and be in full force immediatelyupoZl

the admissiGn of the Territory as a State,

SEC.. 9 ImmediH. tely npon the admission of the Territory as a State, the Governor

of the Terrirory, or, in CA, se of his absence or failure to act, the Seeretary of the TeE

r: tory. 01, in nase of his A, bsence or fA, ilnre to act, the President of this conventio~

shnll i~ S11C a pnW, htmtlt. 1011 ,,\ hic'h shall he pnhlished and A ~() py thereof mfl.. iledtAt~

tbe Cbairman of tbe Board of Supervisors of each county, calling an election by th~

people for all Bntte, district and other OffiCe.' IS, crea. ted and rnade elective by thil

Constitution, and fixing a day for such election, wbich sball not be less than fort},

days A, fter the dnte of such proclamation, nor more than ninety days after tbe admis ·

sion of the Territory as a State

SEC. 10 The Boards of Supe'visors of the several counties shall therEupon o. rde:!

such ejection for SA, id day, and shall CA, use notice tbereof to be given iu the manne:!

and for the length of time provided by the la. ws of the Tenitory in cases of general

elections for deleg". tes to Congress and county and other offices Every quaEfieq

elector oj the Territory who shall bave been registered at the date of said eleetioTl

shall be entitled to vote thereat Said ejection shall be nonducted in all respects hi

the saD e IUlllIuer as proYided by the lu'\ T8 of the ' Jenitory- for general elections, anG

tbe returns thereof sba1l be made to the Canvassing Board hen- inafter provided for

SEc. 11 The G'l'ernor, Secretary of the Terntory and President oJ this Convention.,

or a mfijotity of them, shall constitute a BOilrd of Canvassers to canvass the vatt

of such eleetion for members of Congress. Judges of the Supreme COlllt, all Sta · tf

and diotriet officers and members of the LegislH. ture The said board shaH assemblE

at the , eat of government of the Territory on the thirtieth ( 3il) day after the day 0,

such election ( or on the followibg day if such day fall on Sunday) and proceed t<;

canyn, ss the Yotes for all State and district office- rs, Judges of the Supreme Court aUQ

nlelnbers or the Iegislatute, in thp, n~ anneI provided. by the laws of the Territory fro

cannt!'= sing the "\ ote for de1. eg,-; te to Congress, and they srail issue certificates oj

election to the persons found to be elected to Bald offices, s8Y8Ially, and shall InakE

and file with the Secretltry of the Territoty an ab, ttact certificate by them, of tht

num ber of votes cast for eHch person. for eacb of said offices and of the total numbe!

of Ilotes east. in each county

SEC. 1.! Al oftlcers elected at such ejection, except mem!. ers of the Legislature,

sb> 1\ 1, within thirty dfl3' S after they have been declared elected. tllke tbe oath ! · e

quired by fttw. and give the same bond required h, the law oj the Territory to bt

given in co. se ot' Uk~" offieers of the TerritoT'S ot' district, t1ud shall thereupon enteJ

upon the dutIes of their respecth'c offices, e. xcept as .' th€ f'wise provided in this COD

stitution. but the Legislltlnre muy require by law a\ 1 such officers to giye other 01

further banlls as a caudition of their continuance in office

SEG. ] 3, The Governor eh. ct of the State imluediatel- y upon his qual: if- y'ing and en

tl" Iing upon the duties of his ofiicc" shall issue his pIoclamati< l ll C!' l1\" enjng the Leg

islatlu,(' of the Stu, te at the seat of government, on a dily to be lllllJled in snid procla

mation. llnd \ viJieh shall not be less thflll thirty nOY'lllore Than sixty days u. ft. er thf

du, te of ~ aid proelamA. tioll \" ithii~ ten dars after the organization of the LegislatuIl.

both bouses of the Legislat\ lre shall tbel] and there proceed to elect as provided l> J

law, t,,,. o Senators of the United Stateo, Jor the State of Arizona. At said eJectioIl

the two per, ons who shall receive the majority of all votes cast by said Senators ana

Representatives sbal! he elected as such United Stutes SenlLtors, and shall be so de,

clared by the presldillg officers of both houses.

The presiding officets of tbe Senate and Honse shall issue a certificllte to each 01

. aid Senators certifying his election, which certificates shall also be signed by t~

Governor and attested by the Secretary oj State..

CONSTITUTION.

SEC, 14, The Legislature shall p,. ss all necessary la,~ s to carry into effect the pro..

ll: isions of this Constitution,

SEC, 15 Whenever any two of the Judges of the Supreme Court of the Stale,

~ lected under the provisions of this Constitution, shall have qualified in their of­!

tces, the causes then pending in the Supreme Court of the Territory on appeal or

writ of error from the District Court of any count- y" or subdivision within the lilnits

{) f this State, and the papers, records and proceedings of said court, shall pass into

fue jurisdiction and posse5' ion of the Supreme Court of the State, except as other ·

wise provided in the Enabling Act of Congress, and until so suspended, the Supreme

Court of tlle Territory, and the judges thereof, shall continue with like power and

IUrisdietion, as if this Constitution had not heen adop> ed"

Whenever the Judge of the District Court of aflY district, elected under the provis­Ions

of this Constitution, shall have qualified in his office, the seyeral causes then

pending in the District Court of the Territory within any county in such dist, ict,

md the records, papers and proceedings of said District Comt and the seal and

~ therpropertypertaining thereto, shall pass into the jnrisdiction and possession of

; he District Court of the State for such county, except as provided in the e., abling

~ ct of Congress; until so snspended the District Court and the judges thpreof shall

ilOl1tinue with the same jmisdiction and power to be exercised in the Sl1me judicil11

: listricts respectively as heretofore constituted under the laws of the Territory,

SEC 16 The first regular eiection that would otherwise occur following the first

ression of the first Legislature, shall be omitted, and all county ", nd preeinct oJlieers

slected at the first election held under this Constitution, shall hold their offices jor

me full term thereof, commencing at the expiration of the term of the county and

!> recinct officers then in office, or the date " f their qUl11ification,

SEC, 17 If the first session of the Legislature under this Constitution shall be

JOncluded within twelve months of the time designated for a regular se" ion thereof,

then the next regular session following said special session shall be omitted,

SEC, 18, Members of the Legislature and all State officers, District and Supreme

Judges elected at the first election held under this Constitution, shall hold their re­.

pective offices for the full term next ensuing such election in addition to the period

tntervening between the date of their qualifications and the commencement of said

roll term,

SEC 19, All county and precinct officers who may be in office at the adoption of

this Constitution shall hold their respective offices for the full term for which they

may ha ve been elected and until such time as their su; ecessors may be elected and

qualified as may be provided by law, and the officil11 bonds of all such officers shall

oontinue in full force and effect as though the Constitution had not been adopted"

SEC 20, In behalf of the people of Arizona, we, in convention assembled, have

frAmed this Consl, itution, and hereby submit the same to the qualified electors of

the Territory

Done in open Convention, at the City of Phcenix, in the Territory of Arizona,

' his 2d day of October, A, D. 1891

W" A, ROWE, President,

" H. N. ALEXANDER,

. r W,. ANDERSON,

ALONZO BAILEY,

WILLIAM HENRY BARNE~,

BEN M" CRAWFORD,

GEORGE W CHEYNEY,

THOMAS DAVIS,

FOSTER S. DENNIS,

THOMAS GATES,

W, A, HARTT,

JOHN HUNT,

WILLIAM HERRING,

FRANK H HF; REFURD.

T C, JORDAN,

ART McDONALD,

' l'HOMAS G. NORRIS,

A.. M. PATTERSON,

MARCUS A. SMITH;

MARSHALL H. WILLIAMS,

J. F" WILSON,

Attest; ALLEN C" BERNARD, Secretary,