52-2.5 
 
 RioposED Constitution 
 FOa THE State op Abizoima 
 
 19IO 
 

 ,^„ Cornell University Library 
 
 JK8225 1910 .A34 
 
 The Proposed constitution for tlie State 
 
 olin 
 
 3 1924 030 495 067 
 
THE PROPOSED 
 
 CONSTITUTION FOR THE STATE OF ARIZONA 
 
 Adopted by the Constitutional Convention, held at 
 Phoenix, Arizona, from October 10 
 ■ ^ to December 9, 1910. 
 
 PREAMBLE. 
 
 We> the people of the State of Arizona, grateful to Almighty 
 God for our liberties, do ordain this Constitution. 
 
 /( . 
 
 ; h ARTICLE L 
 
 STATE BOUNDARIES. 
 
 The boundaries of the State of Arizona shall be as follows, 
 ^ namely : Beginning at a point on the Colorado River twenty 
 English miles below the junction of the Gila and Colorado Rivers, 
 as fixed by the Gadsden Treaty between the United States and 
 Mexico, being in latitude thirty-two degrees, twenty-nine minutes, 
 forty-four and forty-five one-hundredths seconds north, and longi- 
 tude one hi^ndred and fourteen degrees, forty-eight minutes, forty- 
 four and fifty-three one-hundredths seconds west of Greenwich; 
 thence along and with the international boundary line between the 
 United States and Mexico in a southeastern direction to Monu- 
 ment Number 127 on said boundary line, in latitude thirty-one 
 degrees, twenty minutes north; thence east along and with said 
 parallel of latitude, continuing on said boundary line to an inter- 
 section with the meridian of longitude one hundred nine degrees, 
 two minutes, fifty-nine and twenty-five one-hundredths seconds 
 west, being identical with the southwestern corner of New Mexico; 
 thence north along and with said meridian of longitude and the 
 west boundary of New Mexico to an intersection with tlje parallel 
 of latitude thirty-seven degrees north, being the commoi^ corner 
 of Colorado, Utah, Arizona, and New Mexico ; thence west along 
 and with said parallel of latitude and the south boundary of Utah 
 to an intersection with the meridian of longitude one hundred 
 fourteen degrees, two minutes, fifty-nine and twenty-five one-hun- 
 dredths seconds west, being on the east boundary line of the State 
 of Nevada; thence south along and with said meridian of longitude 
 and the east boundary of said State of Nevada, to the center of 
 the Colorado River; thence down the mid-channel of said Colorado 
 River in a southern direction along and with the east boundaries of 
 Nevada, California, and the Mexican Territory of Lower Califor- 
 nia, successively, . to the place of beginning. < , ; j 
 
 I ' . . . ■ , \ ' 
 
ARTICLE II. 
 
 DECLARATION OF RIGHTS. 
 
 Sec. 1. A frequent recurrence to fundamental principles is es- 
 sential to the security of individual rights and the perpetuity of 
 free government. 
 
 Sec 2. A.11 political power is inherent in the people, and govern- 
 ments derive their just powers from the consent of the governed, 
 and are established to protect and maintain individual rights. 
 
 Sec. 3. The Constitution of the United States is the supreme 
 law of the land. 
 
 Sec. 4. No person shall be deprived of life, liberty, or property 
 without due process of law. 
 
 Sec. 5. The right of petition, and of the people peaceably to 
 assemble for the common good, shall never be abridged. 
 
 Sec. 6. Every person may freely speak, write, and publish on all 
 oubjects, being responsible for the abuse of that right. 
 
 Sec. 7. The mode of administering an oath, or afRrmation, shall 
 be such as shall be most consistent with and binding upon the con- 
 science of the person to whom such oath, or affirmation, may be 
 administered. _ \ 
 
 Sec. 8. No person shall be disturbed in his private affairs, or 
 his home invaded, without authority of law. 
 
 Sec. 9. No law granting irrevocably any privilege, franchise, 
 or immunity shall be enacted. 
 
 Sec. 10. No person shall be compelled in any criminal case to 
 give evidence against himself, or be twice put in jeopardy for the 
 same offense. 
 
 Sec. 11. Justice in all cases shall be administered openly, and 
 without unnecessary delay. ■ 
 
 Sec. 12. The liberty of conscience secured by the provisions of 
 this Constitution shall not be so construed as to excuse acts of 
 licentiousness, or justify practices inconsistent with the peace and 
 safety of the State. No public money or property shall be appro- 
 priated for or applied to any religious worship, exercise, or instruc- 
 tion, or to the support of any religious establishment. No religious 
 qualification shall be required for any public office or employment, 
 nor shall any person be incompetent as a witness or juror in con- 
 sequence of his opinion on matters of religion, nor be questioned 
 touching his religious belief in any court of justice to affect the 
 weight of his testimony. 
 
 Sec. 13. No law shall be enacted granting to any citizen, class 
 of citizens, or corporation other than municipal, privileges or im- 
 munities which, upon the same terms, shall not equally belong to 
 all citizens or corporations. 
 
 Sec. 14. The privilege of the writ of habeas corpus shall not 
 be suspended by the authorities of the State. 
 
 Sec. 15. Excessive bail shall not be required, nor excessive 
 fines imposed, nor cruel and unusual punishment inflicted. 
 
 Sec. 16. No conviction shall work corfuption of blood, or for- 
 feiture of estate. 
 
 Sec. 17. Private property shall not be taken for private use, 
 except for private ways of necessity, and for drains, flumes, or 
 ditches, on or across the lands of others for mining, agricultural, 
 
domestic, or sanitary purposes. No private property shall be taken 
 or damaged for public or private use without just compensation 
 having been first made, or paid into court for the owner, and no 
 right of .way shall be appropriated to the use of any corporation 
 other than municipal, until full compensation therefor be first made 
 in money, or ascertained and paid into court for the owner, irre- 
 spective of any benefit from any improvement proposed by such 
 corporation, which compensation shall be ascertained by a jury, un- 
 less a jury be waived as in other civil cases in courts of record, in 
 the manner prescribed by law. Whenever an attempt is made to 
 take private property for a use alleged to be public, the question 
 whether the contemplated use be really public shall be a judicial 
 question, and determined as such without regard to any legislative 
 assertion that the use is public. 
 
 Sec. 18. There shall be no imprisonment for debt, except in 
 cases of fraud. 
 
 Sec. 19. Any person having knowledge or possession of facts 
 that tend to establish the guilt of any other person or corporation 
 charged with bribery or illegal rebating, shall not be excused from 
 giving testimony or producing evidence, when legally called upon 
 to do so, on the ground that it may tend to incriminate him un- 
 der the laws of the State; but no person shall be prosecuted or 
 subject to any penalty or forfeiture for, or on account of, any 
 transaction, matter, or thing concerning which he may so testify 
 or produce evidence. 
 
 Sec. 20. The military shall be in strict subordination to the 
 civil power. 
 
 Sec. 21. All elections shall be free and equal, and no power, 
 civil or military, shall at any time interfere to prevent the free ex- 
 ercise of the right of suffrage. 
 
 Sec. 22. All persons charged with crime shall be bailable by 
 sufficient sureties, except for capital offenses when the proof is 
 evident or the presumption great. 
 
 Sec. 23. The right of trial by jury shall remain inviolate, but 
 provision may be made by law for a jury of a number of less than 
 twelve in courts not of record, and for a verdict by nine or more 
 jurors in civil cases in any court of record, and for waiving of a 
 jury in civil cases where the consent of the parties interested is 
 given thereto. 
 
 Sec. 24. In criminal prosecutions, the accused shall have the 
 right to appear and defend in person, and by counsel, to demand 
 the nature and cause of the accusation against him, to have a copy 
 thereof, to testify in his own behalf, to meet the witnesses against 
 him face to face, to have compulsory process to compel the at- 
 tendance of witnesses in his own behalf, to have a speedy public 
 trial by an impartial jury of the county in which the offense is al- 
 leged to have been committed, and the right to appeal in all cases; 
 and in no instance shall any accused person before final judgment 
 be compelled to advance money or fees to secure the rights herein 
 guaranteed. 
 
 Sec. 25. No bill of attainder, ex-post-facto law, or law impair- 
 ing the obligation of a contract, shall ever be enacted. 
 
 Sec. 26. The right of the individual citizen to bear arms in de- 
 fense of himself or the State shall not be impaired, but nothing in 
 this section shall be construed as authorizing individuals or cor- 
 
 3 
 
porations to organize, maintain, or employ an armed body of men. 
 
 Sec. 27. No standing army shall be kept up by this State in 
 time of peace, and no soldier shall in time of peace be quartered 
 in any house without the consent of its owner, nor in time of war 
 except in the manner prescribed by law. 
 
 Sec 28. Treason against the State shall consist only in levying 
 war against the State, or adhering to its enemies, or in giving them 
 aid and comfort. No person shall be convicted of treason unless 
 on the testimony of two witnesses to the same overt act, or con- 
 fession in open court. 
 
 Ssc. 29. No hereditary emoluments, privileges, or powers shall 
 be granted or conferred, and no law shall be enacted permitting any 
 perpetuity or entailment in this State. 
 
 Sec. 30. No person shall be prosecuted criminally in any court 
 of record for felony or misdemeanor, otherwise than by informa- 
 tion or indictment; no person shall be prosecuted for felony by in- 
 formation without having had a preliminary examination before a 
 magistrate or having waived such preliminary examination. 
 
 Sec. 31. No law shall be enacted in this State limiting the 
 amount of damages to be recovered for causing the death or injury 
 of any person. 
 
 Sec. 32. The provisions of this Constitution are mandatory, un- 
 less by express words they are declared to be otherwise. 
 
 Sec. 33. The enumeration in this Constitution of certain rights 
 shall not be construed to deny others retained by the people. 
 
 ARTICLE III. 
 
 DISTRIBUTION OE POWERS. 
 
 The powers of the government of the State of Arizona shall be 
 divided into three separate departments, the Legislative, the Execu- 
 tive, and the Judicial; and, except as provided in this Constitution, 
 such departments shall be separate and distinct, and no one of such 
 departments shall exercise the powers properly belonging to either 
 of the others. 
 
 ARTICLE IV. 
 LEGISLATIVE DEPARTMENT. 
 
 1. INITIATIVE AND REEERENDUM. 
 
 Sec 1. (1) The legislative authority of the State shall be 
 vested in a Legislature, consisting of a Senate and a House of Rep- 
 resentatives, but the people reserve the power to propose laws and 
 amendments to the Constitution and to enact or reject such laws 
 and amendments at the polls, independently of the Legislature; 
 and they also reserve, for use at their own option, the power to ap- 
 prove or reject at the polls any Act, or item, section, or part 
 of any Act, of the Legislature. 
 
 (2) The first of these reserved powers is the Initiative. Under 
 this power ten per centum of the qualified electors shall have the 
 
 4 
 
right to propose any measure, and fifteen per centum shall have 
 the right to propose any amendment to the Constitution. 
 
 (3) The second of these reserved powers is the Referendum. 
 Under this power the Legislature, or five per centum of the quali- 
 fied electors, may order the submission' to the people at the polls 
 of any measure, or item, section, or part of any measure, enacted 
 by the Legislature, except laws immediately necessary for the pres- 
 ervation of the public peace, health, or safety, or for the support 
 and maintenance of the departments of the State Government and 
 State institutions; but to allow opportunity for Referendum Peti- 
 tions, no Act passed by the Legislature shall be operative foi 
 ninety days after the close of the session of the Legislature enact- 
 ing such measure, except such as require earlier operation to pre- 
 serve the public peace, health, or safety, or to provide appropria- 
 tions for the support and maintenance of the Departments of State 
 and of State institutions; Provided, that no such emergency meas- 
 ure shall be considered passed by the Legislature unless it shall 
 state in a separate section why it is necessary that it shall become 
 immediately operative, and shall be approved by the affirmative 
 votes of two-thirds of the members elected to each House of the 
 Legislature, taken by roll call of ayes and nays, and also approved 
 by the Governor; and should such measure be vetoed by the Gov- 
 ernor, it shall not become a law unless it shall be approved by the 
 votes of three-fourths of the members elected to each House of 
 the Legislature, taken by roll call of ayes and nays. 
 
 (4) All petitions submitted under the power of the Initiative 
 shall be known as Initiative Petitions, and shall be filed with the 
 Secretary of State not less than four months preceding the date 
 of the election at which the measures so proposed are to be voted 
 upon. All petitions submitted under the power of the Referen- 
 dum shall be known as Referendum Petitions, and shall be filed 
 with the Secretary of State not more than ninety days after the 
 final adjournment of the session of the Legislature which shall 
 have passed the measure to which the Referendum is applied. The 
 filing of a Referendum Petition against any item, section, or part 
 of any measure shall not prevent the remainder of such measure 
 from becoming operative. 
 
 (5) Any measure or amendment to the Constitution proposed 
 under the Initiative, and any measure to which the Referendum is 
 applied, shall be referred to a vote of the qualified electors, and 
 shall become law when approved by a majority of the votes cast 
 thereon and upon proclamation of the Governor, and not otherwise. 
 
 (6) The veto power of the Governor shall not extend to 
 Initiative or Referendum measures approved by a majority of the 
 qualified electors. 
 
 (7) The whole number of votes cast for all candidates for Gov- 
 ernor at the general election last preceding the filing of any Initia- 
 tive or Referendum petition on a State or county measure shall be 
 the basis on which the number of qualified electors required to sign 
 such petition shall be computed. 
 
 (8) The powers of the Initiative and the Referendum are 
 hereby further reserved to the qualified electors of every incor- 
 porated city, town, and county as to all local, city, town, or county 
 matters on which such incorporated cities, towns, and counties are 
 or shall be empowered by general laws to legislate. Such incor- 
 
 S 
 
porated cities, towns, and counties may prescribe the manner of 
 exercising said powers within the restrictions of general laws. Un- 
 der the power of the Initiative fifteen per centum of the qualified 
 electors may propose measures on such local, city, town or county 
 matters, and ten per centum of the electors may propose the Refer- 
 endum on legislation enacted within and by such city, town, or 
 county. Until provided by general law, said cities and towns, may 
 prescribe the basis on which said percentages shall be computed. 
 
 (9) Every Initiative or Referendum petition shall be addressed 
 to the ^ Secretary of State in the case of petitions for or on State 
 measures, and to the clerk of the Board of Supervisors, city clerk, 
 or corresponding officer in the case of petitions for or on county, 
 city, or town measures; and shall contain the declaration of each 
 petitioner, for himself, that he is a qualified elector of the State 
 (and in the case of petitions for or on city, town, or county meas- 
 ures, of the city, town, or county affected), his postoffice address, 
 the street and number, if any, of his residence, and the date on 
 which he signed such petition. Each sheet containing petitioners' 
 signatures shall be attached to a full and correct copy of the title 
 and text of the measure so proposed to be initiated or referred to 
 the people, and every sheet of every such petition containing signa- 
 tures shall be verified by the affidavit of the person who circulated 
 said sheet or petition, setting forth that each of the names on said 
 sheet was signed in the presence of the affiant and that in the be- 
 lief of the affiant each signer was a qualified elector of the State, 
 or in the case of a city, town, or county measure, of the city, town, 
 or county affected by the measure so proposed to be initiated or 
 referred to the people. 
 
 (10) When any Initiative or Referendum petition or any meas- 
 ure referred to the people by the Legislature shall be filed, in ac- 
 cordance with this section, with the Secretary of State, he shall 
 cause to be printed on the official ballot at the next regular general 
 election the title and number of said measure, together with the 
 words "Yes" and "No" in such manner that the electors may ex- 
 press at the polls their approval or disapproval of the measure. 
 
 (11) The text of all measures to be submitted shall be pub- 
 lished as proposed amendments to the Constitution are published, 
 and in submitting such measures and proposed amendments the 
 Secretary of State and all other officers shall be guided by the gen- 
 eral law until legislation shall be especially provided therefor. 
 
 (12) If two or more conflicting measures or amendments to 
 the Constitution shall be approved by the people at the same elec- 
 tion, the measure or amendment receiving the greatest number of 
 affirmative votes shall prevail in all particulars as to which there 
 is conflict. 
 
 (13) It shall be the duty of the Secretary of State, in the pres- 
 ence of the Governor and the Chief Justice of the Supreme Court, 
 to canvass the votes for and against each such measure or pro- 
 posed amendment to the Constitution within thirty days after the 
 election, and upon the completion of the canvass the Governor shall 
 forthwith issue a proclamation, giving the whole number of votes 
 cast for and against each measure or proposed amendment, and 
 declaring such measures or amendments as are approved by a ma- 
 jority of those voting thereon to be law. 
 
 (14) This section shall not be construed to deprive the Legis- 
 
 6 
 
latureof the right to enact any measure. 
 
 (15) This section of the Constitution shall be, in all respects, 
 self-executing. 
 
 Sec. 2. The Legislature shall provide a penalty for any wilful! 
 violation of any of the provisions of the preceding section. 
 
 2. THE IvEGlSLATURE. 
 
 Sec. 1. Until otherwise provided by law, the Senate shall con- 
 sist of 19 members, and the House of Representatives of 35 mem- 
 bers, and Senators and. Representatives shall be apportioned among 
 the several counties as follows: 
 
 Apache county, 1 Senator, 1 Representative; Cochise county, 2 
 Senators, 7 Representatives; Coconino county, 1 Senator, 1 Rep- 
 resentative; Gila county, 2 Senators, 3 Representatives; Graham 
 county, 1 Senator, 2 Representatives; Greenlee county, 1 Senator, 
 2 Representatives; Maricopa county, 2 Senators, 6 Representatives: 
 Mohave county, 1 Senator, 1 Representative; Navajo county, 1 
 Senator, 1 Representative; Pima county, 2 Senators, 3 Representa- 
 tives; Pinal county, 1 Senator, 1 Representative; Santa Cruz 
 county, 1 Senator, 1 Representative; Yavapai county, 2 Senators, 4 
 Representatives; Yuma county, 1 Senator, 2 Representatives. 
 
 Sec. 2. No person shall be a member of the Legislature unless 
 he shall be a citizen of the United States at the time of his elec- 
 tion, nor unless he shall be at least twenty-five years of age, and 
 shall have been a resident of Arizona at least three years and of 
 the county from which he is elected at least one year before his 
 election. 
 
 Sec. 3. The sessions of the Legislature shall be held biennially 
 at the Capitol of the State, and except as to the first session thereof, 
 shall commence on the second Monday of January next after the 
 election of members of the Legislature. The first session shall 
 convene not less than thirty nor more than sixty days after the ad- 
 mission of the State into the Union. The Governor may call a 
 special session whenever in his judgment it is advisable. In calling 
 such special session, the Governor shall specify the subjects to be 
 considered at such session, and at such session no laws shall be 
 enacted except such as relate to the subjects mentioned in such call. 
 
 Sec. 4. No person holding any public office of profit or trust 
 under the authority of the United States, or of this State, shall be 
 a member of the Legislature; Provided, that appointments in the 
 State militia and the offices of notary public, justice of the peace. 
 United States commissioner, and postmaster of the fourth class, 
 shall not work disqualification for membership within the meaning 
 of this section. 
 
 Sec. 5. No member of the Legislature, during the term for which 
 he shall have been elected, shall be appointed or elected to any 
 civil office of profit under this State, which shall have been created, 
 or the emoluments of which shall have been increased, during said 
 
 term. 
 
 Sec. 6. Members of the Legislature shall be privileged from ar- 
 rest in all cases except treason, felony, and breach of the peace, 
 and they shall not be subject to any civil process during the session 
 of the Legislature, nor for fifteen days next before the commence- 
 ment of each session. 
 
 Sec. 7. No member of the Legislature shall be liable in any civil 
 or criminal prosecution for words spoken in debate. 
 
 7 
 
Sec. 8. Each House, when assembled, shall choose its own of- 
 ficers, judge of the election and qualification of its own members, 
 and determine its own rules of procedure. 
 
 Sec. 9. The majority of the members of each House shall con- 
 stitute a quorum to do business, but a smaller number may meet, 
 adjourn from day to day, and compel the attendance of absent mem- 
 bers, in such manner and under such penalties as each House may 
 prescribe. Neither House shall adjourn for more than three days, 
 nor to any place other than that in which it may be sitting, without 
 the consent of the other. 
 
 Sec. 10. Each House shall keep a journal of its proceedings, and 
 at the request of two members the ayes and nays on roll call on 
 any question shall be entered. 
 
 Sec. 11. Each House may punish its members for disorderly be- 
 havior, and may, with the concurrence of two-thirds of its members, 
 expel any member. 
 
 Sec. 12. Every bill shall be read by sections on three diflferent 
 days, unless in case of emergency, two-thirds of either House deem 
 it expedient to dispense with this rule ; but the reading of a bill by 
 sections on its final passage shall in no case be dispensed with, and 
 the vote on the final passage of any bill or joint resolution shall be 
 taken by ayes and nays on roll call. Every measure when finallv 
 passed shall be presented to the Governor for his approval or disap- 
 proval. 
 
 Sec. 13. Every Act shall embrace but one subject and matters 
 properly connected therewith, which subject shall be experssed in 
 the title; but if any subject shall be embraced in an Act which shall 
 not be expressed in the title, such Act shall be void only as to so 
 much thereof as shall not be embraced in the title. 
 
 Sec. 14. No Act or section thereof shall be revised or amended 
 by mere reference to the title of such Act, but the Act or sec- 
 tion as amended shall be set forth and published at full length. 
 
 Sec. 15. A majority of all members elected to each House shall 
 be necessary to pass any bill, and all bills so passed shall be signed 
 by the presiding officer of each House in open session. 
 
 Sec. 16. Any member of the Legislature shall have the right to 
 protest and have the reasons of his protest entered on the journal. 
 
 Sec. 17. The Legislature shall never grant any extra compensa- 
 tion to any public officer, agent, servant, or contractor, after the 
 services shall have been rendered or the contract entered into, nor 
 shall the compensation of any public officer be increased or dimin- 
 ished during his term of office. 
 
 Sec. 18. The Legislature shall direct by law in what manner 
 and in what courts suits may be brought against the State. 
 
 Sec. 19. No local or special laws shall be enacted in any of the 
 following cases, that is to say: 
 
 1. Granting divorces. 
 
 2. Locating or changing county seats. 
 
 3. Changing rules of evidence. 
 
 4. Changing the law of descent or succession. 
 
 5. Regulating the practice of courts of justice. 
 
 6. Limitation of civil actions or giving eflfect to informal or in- 
 valid deeds. 
 
 7. Punishment of crimes and misdemeanors. 
 
 8 
 
8. Laying out, opening, altering, or vacating roads, plats, streets, 
 alleys, and public squares. 
 
 9. Assessment and collection of taxes. 
 
 10. Regulating the rate of interest on money. 
 
 11. The conduct of elections. 
 
 12. Affecting the estates of deceased persons or of minors. 
 
 13. Granting to any corporation, association, or individual, any 
 special or exclusive privileges, immunities, or franchises. 
 
 14. Remitting fines, penalties, and forfeitures. 
 
 15. Changing names of persons or places. 
 
 16. Regulating the jurisdiction and duties of justices of the 
 peace. 
 
 17. Incorporation of cities, towns, or villages, or amending their 
 charters. 
 
 18. Relinquishing any indebtedness, Hability, or obligation to this 
 State. 
 
 19. Summoning and empanelling of juries. 
 
 20. When a general law can be made applicable. 
 
 Sec. 20. The general appropriation bill shall embrace nothing 
 but appropriations for the different departments of the State, for 
 State institutions, for public schools, and for interest on the public 
 debt. . All other appropriations shall be made by separate bills, 
 each embracing but one subject. 
 
 Sec. 21. The members of the first Legislature shall hold office 
 until the first Monday in January, 1913. The terms of office of 
 the members of succeeding ■ Legislatures shall be two years. 
 
 Sec. 22. Until otherwise provided by law, members of the Leg- 
 islature shall receive seven dollars per day ; Provided, however, that 
 they shall receive such salary for a, period not to exceed sixty days 
 in any one session. They shall also receive mileage one way, by 
 the shortest practicable route, at the rate of twenty cents per mile. 
 
 Sec. 23. It shall not be lawful for any person holding public 
 office in this State to accept or use a pass or to purchase trans- 
 portation from any railroad or other corporation, other than as 
 such transportation may be purchased by the general public; Pro- 
 vided, that this shall not apply to members of the National Guard 
 of Arizona traveling under orders. The Legislature shall enact 
 laws to enforce this provision. 
 
 Sec. 24. The enacting clause of every bill enacted by the Leg- 
 islature shall be as follows : "Be it enacted by the Legislature of 
 the State of Arizona," or when the Initiative is used: "Be it 
 enacted by the People of the State of Arizona." 
 
 ARTICLE V. 
 
 EXECUTIVE DEPARTMENT. 
 
 Sec. 1. The Executive Department pf the State shall consist 
 of Governor, Secretary of State, State Auditor, State Treasurer, 
 Attorney-General, and Superintendent of Public Instruction, each of 
 whom shall hold his office for two years beginning on the first 
 Monday of January next after his election, except that the terms 
 of office of those elected at the election provided for in the Enabling 
 Act approved June 20, 1910, shall begin when the State shall be 
 admitted into the Union, and shall end on the first Monday in Jan- 
 
 9 
 
uary, A.D. 1913, or when their successors are elected and qualify. 
 The persons, respectively, having the highest number of votes 
 cast for the office voted for shall be elected; but if two or more 
 persons shall have an equal and the highest number of votes for 
 any one of said offices, the two Houses of the Legislature at its 
 next regular session shall elect forthwith, by joint ballot, one of 
 such persons for said office. 
 
 The officers of the Executive Department during their terms of 
 office shall reside at the seat of government, where they shall keep 
 their offices and the public records, books, and papers. They shall 
 perform such duties as are prescribed by this Constitution and as 
 may be provided by law. 
 
 Sec 2. No person shall be eligible to any of the offices men- 
 tioned in Section 1 of this article except a male person of the age 
 of not less than twenty-five years, who shall have been for ten 
 years next preceding his election a citizen of the United States, 
 and for five years next preceding his election a citizen of Arizona. 
 
 Si;c. 3. The Governor shall be commander-in-shief of the mili- 
 tary forces of the State, except when such forces shall be called 
 into the service of the United States. 
 
 Sec. 4. The Governor shall transact all executive business with 
 the officers of the Government, civil and miHtary, and may require 
 information in writing from the officers in the Executive Depart- 
 ment upon any subject relating to the duties of their respective of- 
 fices. He shall take care that the laws be faithful! executed. He 
 may convene the Legislature in extraordinary session. _He shall 
 communicate, by message, to the Legislature at every session the 
 condition of the State, and recommend such matters as he shall 
 deem expedient. . \ 
 
 Sbc. 5. The Governor shall have power to grant reprieves, com- 
 mutation, and pardons, after convictions, for all offenses except 
 treason and cases of impeachment, upon such conditions and with 
 such restrictions and limitations as may be provided by law. 
 
 Sec. 6. In case of the impeachment of the Governor, or his 
 removal from office, death, inability to discharge the duties of his 
 office, resignation, or absence from the State, the powers and duties 
 of the office shall devolve upon the Secretary of State until the dis- 
 ability ceases, or, during the remainder of the term. 
 
 Sec. 7. Every bill passed by the Lgislature, before it becomes 
 a law, shall be presented to the Governor. If he approve, he shall 
 sign it, and it shall become a law as provided in this Constitution. 
 But if he disapprove, he shall return it, with his objections, to the 
 House in which it originated, which shall enter the objections at 
 large on the journal. If after reconsideration it again passes both 
 Houses by an aye and nay vote on roll call of two-thirds of the 
 members elected to each House, it shall become a law as provided 
 in this Constitution, notwithstanding the Governor's objections. This 
 Section shall not apply to emergency measures as referred to in- 
 Section 1 of the Article on the Legislative Department. 
 
 If any bill be not returned within five days after it shall have 
 been presented to the Governor (Sunday excepted) such bill shall 
 become a law in like manner as if he had signed it, unless the Leg- 
 islature by its final adjournment prevents its return, in which case 
 it shall be filed with his objections in the office of the Secretary 
 of State within ten days after such adjournment (Sundays ex- 
 
 10 
 
cqjted) or become a law as provided in this Constitution. After 
 the final action by the Governor, or following the adoption of a 
 bill notwithstanding his objection, it shall be filed with the Secre- 
 tary of State. 
 
 If any bill presented to the Governor contains several items of 
 appropriations of money, he may object to one or more of such 
 items, while approving other portions of the bill. In such case 
 he shall append to the bill at the time of signing it, a statement 
 of the item or items which he declines to approve, together with 
 his reasons therefor, and such item or items shall not take effect 
 unless passed over the Governor's objections as in this section pro- 
 vided. 
 
 The veto power of the Governor shall not extend to any bill 
 passed by the Legislature and referred to the people for adoption 
 or rejection. 
 
 Sec. 8. When any office shall, from any cause, become va- 
 cant, and no mode shall be provided by the Constitution or by law, 
 for filling such vacancy, the Governor shall have the power to fill 
 such vacancy by appointment. 
 
 Sec. 9. The powers and duties of Secretary of State, State 
 Treasurer, State Auditor, Attorney-General, and Superintendent of 
 Public Instruction shall be as prescribed by law. 
 
 Sec. 10. No person shall be eligible to succeed himself to the 
 office of State Treasurer for the succeeding two years after the 
 expiration of the term for which he shall have been elected. 
 
 Sec. 11. The returns of the election for all State officers shall 
 be canvassed, and certificates of election issued by the Secretary of 
 State, in such manner as may be provided by law. 
 
 Sec. 12. All commissions shall issue in the name of the State, 
 and shall be signed by the Governor, sealed with the seal of the 
 State, and attested by the Secretary of State. 
 
 Sec 13. Until otherwise provided by law the salaries of the 
 State officers shall be as follows: 
 
 Governor, four thousand dollars per annum. 
 
 Secretary of State; three thousand five hundred dollars per an- 
 num. 
 
 State Auditor, three thousand dollars per annum. 
 
 State Treasurer, three thousand dollars per annum. 
 
 Attorney-General, twenty-five hundred dollars per annum. 
 
 Superintendent of Public Instruction, twenty-five hundred dol- 
 lars per annum. 
 
 ARTICLE VI. 
 JUDICIAL DEPARTMENT. 
 
 Sec 1. The judicial power of the State shall be vested in a 
 supreme court, superior courts, justices of the peace, and such 
 courts inferior to the superior courts as may be provided by law. 
 
 Sec. 2. The Supreme Court shall consist of three judges, a ma- 
 jority of whom shall be necessary to form a quorum and pro- 
 nounce a decision. The said court shall always be open for the 
 transaction of business, except on non-judicial days. In the de- 
 termination of causes, all decisions of the court shall be given in 
 writing, and the grounds of the decisions shall be stated. The 
 
number of judges may be increased or diminished from time to 
 time by law; Provided, that said court shall at all times be con- 
 stituted of at least three judges. 
 
 Sec. 3. Judges of the Supreme Court shall be elected at the 
 general election to be held under the provisions of the Enabling 
 Act approved June 20, 1910. Their term of office shall be co- 
 terminous with that of the Governor of the State elected at the 
 same time, and the one receiving the highest number of votes shall 
 be the chief justice. At the first general State election thereafter, 
 held under this Constitution, at which a Governor is voted for, three 
 judges of the Supreme Court shall be elected, and the judges 
 elected thereat shall be classified by lot, so that one shall hold of- 
 fice for a term of six years, one for a term of four years, and one 
 for a term of two years, from and after the first Monday in Jan- 
 uary next succeeding said election. The lot shall be drawn by 
 the judges-elect, who shall assemble for that purpose at the State 
 Capitol, and shall cause the results to be certified to the Secre- 
 tary of State, who shall file the same in his office. 
 
 The judge having the shortest time to serve, and not holding 
 his oifice by appointment or by election to fill a vacancy, shall be 
 the chief justice, and shall preside at all sessions of the Supreme 
 Court. In case of absence of the chief justice, the judge having 
 in like manner the shortest time to serve shall preside. 
 
 After the first State election one judge shall be elected every 
 two years at the general election, and the term of the judge elected 
 shall be six years from and after the first Monday in January next 
 succeeding his election, and judges so elected shall hold office until 
 their successors are elected and qualify. 
 
 If a vacancy occur in the office of judge of the Supreme Court, 
 the Governor shall appoint a person to fill such vacancy until the 
 election and qualification of a judge to hold said office, which elec- 
 tion shall take place at the next succeeding general election, and 
 the person so elected shall hold office for the remainder of the un- 
 expired term. 
 
 Whenever for any reason any judge shall be disqualified from 
 acting in any cause brought before said court, the remaining 
 judges of said court shall call one of the judges of the Superior 
 Court to sit with them on the hearing of said cause. 
 
 The sessions of the Supreme Court shall be held at the seat of 
 government. 
 
 The judges of the Supreme Court shall be elected at the general 
 State election by the qualified electors of the State at large. The 
 names of all candidates for the office of judge of the Supreme 
 Court shall be placed on the regular ballot in alphabetical order 
 without partisan or other designation except the title of the office. 
 
 Sec. 4. The Supreme Court shall have original jurisdiction in 
 habeas corpus, and quo warranto and mandamus as to all State 
 officers. It shall have appellate jurisdiction in all actions and pro- 
 ceedings, but its appellate jurisdiction shall not extend to civil ac- 
 tions at law for recovery of money or personal property where the 
 original amount in controversy, or the value of the property, does 
 not exceed the sum of two hundred dollars, unless the action in- 
 volves the validity of a tax, impost, assessment, toll, municipal fine, 
 or statute. 
 
 The Supreme Court shall also have power to issue writs of man- 
 
damus, review, prohibition, habeas corpus, certiorari, and all other 
 writs necessary and proper to the complete exercise of its appellate 
 and revisory jurisdiction. 
 
 The Supreme Court shall have original and exclusive jurisdic- 
 tion to hear and determine all causes between counties concerning 
 disputed boundaries and surveys thereof, or concerning claims of 
 one county against another. Such trials shall be to the court with- 
 out a jury. 
 
 Each judge of the Supreme Court shall have power to issue 
 writs of habeas corpus to any part of the State upon petition by, 
 or on behalf of, any person held in actual custody, and may make 
 such writs returnable before himself, or before the Supreme Court, 
 or before any superior court of the State or any judge thereof. 
 
 Sec. 5. There shall be in each of the organized counties of the 
 State a superior court, for which at least one judge shall be elected 
 by the qualified electors of the county at the general election ; Pro- 
 vided, that for each county having a census enumeration greater 
 than thirty thousand inhabitants, one judge of the superior court 
 for every additional thirty thousand inhabitants, or majority frac- 
 tion thereof, may be provided by law. In any county where there 
 shall be more than one judge of the superior court, there may be 
 as many sessions of the superior court at the same time as there 
 are judges thereof, and the business of the court shall be so dis- 
 tributed and assigned by law, or in the absence of legislation there- 
 for, by such rules and orders of the court as shall best promote 
 and secure the convenient and expeditious transaction thereof. 
 
 The judgments, decrees, orders, and proceedings of any session 
 of the superior court held by any one or more of the judges of 
 such court shall be equally efifectual as if all the judges of said 
 court had presided at such session. 
 
 The first judges of the superior court shall be elected at the gen- 
 eral election to be held under the provisions of the Enabling Act ap- 
 proved June 20, 1910. Their term of office shall be co-terminous 
 with that of the Governor of the State elected at the same time. 
 Thereafter the term of office- of all judges of the superior court 
 shall be four years, from and after the first Monday in January 
 next succeeding their election and until their successors are 
 elected and qualify. 
 
 All judges of the superior court shall be elected at the general 
 State election by the qualified electors of their respective counties. 
 The names of all candidates for the office of judge of the superior 
 court shall be placed on the regular ballot in alphabetical order, 
 without any partisan or other designation except the title of the 
 office. If a vacancy occur in the office of judge of the superior 
 court, the Governor shall appoint a person to fill the vacancy until 
 the election and qualification of a judge to hold said office, which 
 election shall be at the next succeeding general election, and the 
 judge so elected shall hold office for the remainder of the unex- 
 pired term. 
 
 Sec. 6. The superior court shall have origmal jurisdiction in 
 all cases of equity and in all cases at law which involve the title 
 to, or the possession of, real property, or the legality of any tax, 
 impost, assessment, toll, or municipal fine, and in all other cases 
 in which the demand, or the value of the property in controversy 
 amounts to two hundred dollars exclusive of interest and costs, and 
 
 13 
 
in all criminal cases amounting to ffelony, and in all cases of mis- 
 demeanor not otherwise provided for by law; of actions of forci- 
 ble entry and detainer; of proceedings in insolvency; of actions to 
 prevent or abate nuisance; of all matters of probate; of divorce and 
 for annulment of marriage; and for such special cases and pro- 
 ceedings as are not otherwise provided for. 
 
 The superior court shall also have original jurisdiction in all 
 cases and of all proceedings in which jurisdiction shall not have 
 been by law vested exclusively in some other court; and said court 
 shall have the power of naturalization and to issue papers there- 
 for. Said court shall have such appellate jurisdiction in cases 
 arising in justices' and other inferior courts in their respective 
 counties as may be prescribed by law. The process of said court 
 shall extend to all parts of the State. 
 
 The superior court shall have exclusive original jurisdiction in 
 all proceedings and matters affecting dependent, neglected, incor- 
 rigible, or delinquent children, or children accused of crime, un- 
 der the age of eighteen years. The judges of said courts must 
 hold examinations in chambers of all such children concerning 
 whom proceedings are brought, in advance of any criminal prosecu- 
 tion of such children, and shall have the power, in their discretion, 
 to suspend criminal prosecution for any offenses that may have 
 been committeed by such children. The powers of said judges to 
 control such children shall be as prescribed by law. 
 
 The superior court shall at all times, except on non-judicial days, 
 be open for the determination of non-jury civil causes and for the 
 transaction of business. For the determination of civil causes and 
 matters in which a jury demand has been entered, and for the 
 trial of criminal causes, a trial jury shall be drawn and summoned 
 from the body of the county at least three times a year. 
 
 Superior courts and their judges shall have the power to issue 
 writs of mandamus, quo warranto, review, certiorari, prohibition, 
 and writs of habeas corpus on petition by, or on behalf of, any 
 person in actual custody in their respective counties. Injunctions, 
 attachments, and writs of prohibition' and of habeas corpus may be 
 issued and served on legal holidays and non-judicial days. Grand 
 juries shall be drawn and summoned only by order of the superior 
 court. 
 
 Sec. 7. The judge of any superior court may hold a superior 
 court in any county at the request of the judge of the superior court 
 thereof, and, in case of the disqualification or the inability of the 
 judge thereof to serve, and upon the request of the Governor, shall 
 do so. 
 
 Sec. 8. Any judicial officer who shall absent himself from the 
 State for more than sixty consecutive days shall be deemed to 
 have forfeited his office; Provided, that in case of extreme neces- 
 sity, the Governor may extend the leave of absence such time as 
 the necessity therefor shall exist. 
 
 Sec. 9. The number of justices of the peace to be elected in 
 incorporated cities and towns, and in precincts, and the powers, 
 duties, and jurisdiction of jtlstices of the peace, shall be provided 
 by law; Provided, that such jurisdiction granted shall not trench 
 upon the jurisdiction of any court of record, except that said jus- 
 tices shall have concurrent jurisdiction with the superior court in 
 cases of forcible entry and detainer, where the rental value does 
 
 H 
 
not exceed twenty-five dollars per month, and where the whole 
 amount of damage claimed does not exceed tvyo hundred dollars ; 
 and Provided that justices of the peace may be made police jus- 
 tices of incorporated cities and towns. Prosecution may be insti- 
 tuted in courts other than courts of record upon sworn complaint. 
 
 Sec. 10. The Supreme Court and superior courts shall be courts 
 of record. Other courts of record may be established by law, but 
 courts of justices of the peace shall not be courts of record. 
 
 The salaries of the judges of the Stifsreme Court shall be paid 
 by the State. One-half of the salary of each of the judges of the 
 superior court shall be paid by the State, and the other one-half 
 by the county for which he is elected. Until otherwise provided 
 by law, each of the judges of the Supreme Court shall receive an 
 annual salary of five thousand dollars. Until otherwise provided 
 by law, the judges of the superior courts in and for the counties 
 of Maricopa, Pima, Yavapai, Gila, and Cochise shall each receive 
 four thousand dollars per annum; the judge of the superior court 
 in and for the county of Greenlee shall receive three thousand five 
 hundred dollars per annum ; and the judges of the superior courts 
 in and for the counties of Coconino, Apache, Navajo, Santa Cruz, 
 Yuma, Pinal, Graham, and Mohave shall each receive three 
 thousand dollars per annum. 
 
 Sec. 11. Judges of the Supreme Court and judges of the 
 superior courts shall not be eligible to any office or public employ- 
 ment other than a judicial office of employment, during the term 
 for which they shall have been elected. 
 
 Sec. 12. Judges shall not charge juries with respect to matters 
 of fact nor comment thereon, but shall declare the law. 
 
 No judge of a court of record shall practice law in any court 
 in this State during his continuance in office. 
 
 Sec. 13. No person shall be digible for the office of judge of 
 the Supreme Court, unless he shall be learned in the law, at least 
 thirty years of age, and shall have been a judge of, or admitted 
 to practice before, the highest court of Arizona for at least five 
 years, and shall haVe been a resident of Arizona for five years 
 next preceding his election. 
 
 No person shall be eligible for the office of judge of the superior 
 court, unless he shall be learned in the law, at least twenty-five 
 years of age, and shall have been adtnitted to practice before the 
 highest court of Arizona for at least two years and shall have 
 been a resident of Arizona for two years next preceding his elec- 
 tion. 
 
 Sec. 14. The jiidges of the Supreme Court shall appoint a re- 
 porter for the decisions of that court, who shall be removable at 
 their pleasure. He shall receive such annual salary as !may be 
 prescribed by law; and the Supreme Court shall have the power to 
 fix said salary until such salary shall be determined by law. 
 
 Sec. 15. Every case submitted to the judge of a superior court 
 for his decision shall be decided within sixty days from the sub- 
 mission thereof; Provided, that if within said period of sixty days, 
 a rehearing shall have been ordered, the period within which he 
 must decide shall commence at the time the case is submitted on 
 such rehearing. 
 
 Sec. 16. Provisions for the speedy publication of the opinions 
 
 15 
 
of the Supreme Court shall be made by law, and all opinions shall 
 be free for publication by any person. 
 
 Sec. 17. The judges of the Supreme Court shall appoint a 
 clerk of that court, who shall be removable at their pleasure and 
 shall receive such compensation, by salary only, as may be pro- 
 vided by law; and the Supreme Court shall have power to fix said 
 salary until such salary shall be determined by law. 
 
 Sec. 18. There shall be elected in each county, by the qualified 
 electors thereof, at the time of the election of judges of the 
 superior court thereof, a clerk of the superior court, for a term of 
 four years, who shall have such powers and perform such duties 
 and receive such compensation, by salary only, as shall be pro- 
 vided by law. Until such salary shall be fixed by law the board 
 of supervisors shall fix such salary. The term of the first clerk 
 elected shall be co-terminous with that of the judge of said county. 
 
 Sec. 19. The judges of superior courts may appoint such court 
 commissioners in their respective counties as may be deemed neces- 
 sary, who shall have such powers and perform such duties and re- 
 ceive such compensation as may be provided by law. 
 
 Sec. 20. The style of all process shall be "The State of Ari- 
 zona," and all prosecutions shall be conducted in the name of the 
 State of Arizona and by its authority. 
 
 Sec. 21. Every judge of the Supreme Court and every judge 
 of the superior court shall, before entering upon the duties of his 
 office, take and subscribe an oath that he will support the Con- 
 stitution of the United States and the Constitution of the State of 
 Arizona, and will faihfully and impartially discharge the duties of 
 judge to the best of his ability, which oath shall be filed in the of- 
 fice of the Secretary of State. 
 
 Sec 22. The pleadings and proceedings in criminal causes in 
 the courts shall be as provided by law. No cause shall be reversed 
 for technical error in pleading or proceedings when upon the whole 
 case it shall appear that substantial justice has been done. 
 
 Sec. 23. All laws relating to the authority, jurisdiction, prac- 
 tice, and procedure of district and probate courts under laws here- 
 tofore enacted by the Legislative Assembly of the Territory of 
 Arizona and in force at the time of the admission of the State into 
 the Union, and not inconsistent with this Constitution, shall, so far 
 as applicable, apply to and govern superior courts, until altered or 
 repealed. Until otherwise provided, superior courts shall have the 
 same appellate jurisdiction in cases arising in courts of justices of 
 the peace as district courts now have under said laws. 
 
 Sec. 24. No change made by the Legislature in the number of 
 judges shall work the removal of any judge from office; and no 
 judge's salary shall be reduced during the term of office for which 
 he was elected. 
 
 ARTICLE VIL 
 sueerage and bisections. 
 
 Sec. 1. All elections by the people shall be by ballot, or by 
 such other method as may be prescribed by law ; Provided, that 
 secrecy in voting shall be preserved. 
 
 Sec. 2. No person shall be entitled to vote at any general elec- 
 
 i6 
 
tion, or for any office thg.t now is, or hereafter may be, elective 
 by the people, or upon any question which may be submitted to 
 a vote of the people, except school elections as provided in Sec- 
 tion 8 of this Article, unless such person be a male citizen of the 
 United States of the age of twenty-one years or over, and shall 
 have resided in the State one year immediately preceding such 
 election. 
 
 No person under guarcfianship, non compos mentis, or insane, 
 shall be qualified to vote at any election, nor shall any person con- 
 victed of treason or felony be qualified to vote at any election un- 
 less restored to civil rights. 
 
 Sec 3. For the purpose of voting, no person shall be deemed 
 to have gained or lost a residence by reason of his presence or 
 absence while employed in the service of the United States, or 
 while a student at_ any institution of learning, or while kept at 
 any alms-house or other asylum at public expense, or while con- 
 fined in any public jail or prison. 
 
 Sec 4. Electors shall in all cases, except treason, felony, or 
 breach of the peace, be privileged from arrest during their at- 
 tendance at any election, and in going thereto and returning there- 
 from. 
 
 Sec 5. No elector shall be obliged to perform military duty on 
 the day of an election, except in time of war or public danger. 
 
 Sec 6. No soldier, seaman, or marine, in the army or navy of 
 the United States shall be deemed a resident of this State in con- 
 sequence of his being stationed at any military or naval place 
 within this State. 
 
 Sec 7. In all elections held, by the people, in this State, the 
 person, or persons, receiving the highest number of legal votes 
 shall be declared elected. 
 
 Sec 8. Qualifications for voters at school elections shall be 
 as are now, or as may hereafter be, provided by law. 
 
 Sec. 9. For the purpose of obtaining an advisory vote of the 
 people, the L,egislature shall provide for placing the names of can- 
 didates for United States Senator on the official ballot at the gen- 
 eral election next preceding the election of a United States Senator. 
 
 Sec 10. The Legislature shall enact a direct primary election 
 law, which shall provide for the nomination of candidates for all 
 elective, S'ltate, county, and city offices, including candidates for 
 United States Senator and for Representative in Congress. 
 
 Sec 11. There shall be a general election of Representatives 
 in Congress, and of State, ' county, and precinct officers on the 
 first Tuesday after the first Monday in November of the first 
 even numbered year after the year in which Arizona is admitted 
 to Statehood and biennially thereafter. 
 
 Sec 12. There shall be enacted registration and other laws to 
 secure the purity of elections and guard against abuses of the 
 elective franchise. 
 
 Sec 13. Questions upon bond issues or special assessments 
 shall be submitted to the vote of property tax-payers, who shall 
 also in all respects be qualified electors of the State, and of the 
 political subdivision thereof affected by such question. 
 
 Sec 14. No fee shall ever be required in order to have the 
 name of any candidate placed on the official ballot for any election 
 or primary. 
 
 17 
 
Sec. 15. Every male person elected or appointed to any office 
 of trust or profit under the authority of the State or of any politi- 
 cal division of the State, or any male deputy of such officer, shall 
 be a qualified elector of the political division in which said person 
 shall be elected or appointed. 
 
 Sec. 16. The Legislature, at its first session, shall enact a law 
 providing for general publicity, before, and after election, of all 
 campaign contributions to, and expenditures of campaign commit- 
 tees and candidates for public office. 
 
 ARTICLE VIIL 
 REMOVAL FROM OFFICE. 
 
 1. RECAI<I. OF PUBI,IC OFFICERS. 
 
 Sec. 1. Every public officer in the State of Arizona, holding an 
 elective office, either by election or appointment, is subject to recall 
 from such office by the qualified electors of the electoral district 
 from which candidates are elected to such office. Such electoral 
 district may include the whole State. Such number of said elec- 
 tors as shall equal twenty-five per centum of the number of votes 
 cast at the last preceding general election for all of the candidates 
 for the office held by such officer, may by petition, which shall be 
 known as a Recall Petition, demand his recall. 
 
 Sec. 2. Every Recall Petition must contain a general statement, 
 in not more than two hundred words, of the grounds of such de- 
 mand, and must be filed in the office in which petitions for nomina- 
 tions to the office held by the incumbent are required to be filed. 
 The signatures to such Recall Petition need not all be on one sheet 
 of paper, but each signer must add to his signature the date of his 
 signing said petition, and his place of residence, giving his street 
 and number, if any, should he reside in a town or city. One of 
 the signers of each sheet of such petition, or the person circulating 
 such sheet, must make and subscribe an oath on said sheet, that 
 the signatures thereon are genuine. 
 
 Sec. 3. If said officer shall offer ^his resignation it shall be ac- 
 cepted, and the vacancy shall be filled as may be provided by law. If 
 he shall not resign within five day s after a Recall Petition is filed, 
 a special election shall be ordered to be held, not less thkn twenty, 
 nor more than thirty days after such order, tcTHetermine whether 
 sucE officer shall be recalled. On the ballots at said election shall 
 <, y be printed the reasons as set forth in the petition for demanding 
 xf_ his recall, and, in not more than two hundred words, the officer's 
 ^ y justification of his course in office. He shall continue to perform 
 f S] the duties of his office until the result of said election shall have 
 1^ been officially declared. 
 
 1 Sec. 4. Unless he otherwise request, in writing, his name shall 
 
 ■V V be placed as a candidate on the official ballot^ without nomination. 
 
 / \ Other~candidates for the, office may^ be nominatedTcT be voted for 
 
 '/" atLsaid election. The candidate who shall receive the highest num- 
 
 , ^f ber of votes, shall be declared elected for the remainder of the 
 
 term. Unless the incumbent receive the highest number of votes, 
 
 he shall be deemed to be removed from office, upon qualification of 
 
 his successor. In the event that his successor shall not qualify 
 
 within five days after the result of said election shall have been de- 
 
 i8 
 
clared, the said office shall be vacant, and may be filled as provided 
 by law. 
 
 Sec. 5. No Recall Petition shall be circulated against any of- 
 ficer until he shall have held his office for a period of six months, 
 except that it may be filed against a member of the Legislature at 
 any time after five days from the beginning of the first session after 
 his election. After one Recall Petition and election, no further 
 Recall Petition shall be filed against the same officer during the 
 term for which he was elected, unless petitioners signing such peti- 
 tion shall first pay into the public treasury which has paid such 
 election expenses, all expenses of the preceding election. 
 
 Sec. 6. The general election laws shall apply to recall elections 
 in so far as applicable. Laws necessary to facilitate the operation 
 of the provisions of this article shall be enacted, including pro- 
 vision for payment by the public treasury of the reasonable special 
 election campaign expenses of such officer. 
 
 2. IMPEACHMENT, 
 
 Sec. 1. The House of Representatives shall have the sole power 
 of impeachment. The concurrence of a majority of all the mem- 
 . bers shall be necessary to an impeachment. All impeachments shall 
 be tried by the Senate, and, when sitting for that purpose, the Sena- 
 tors sha.ll be upon oath or affirmation to do justice according to 
 law and evidence, and shall be presided over by the Chief Jus- 
 tice of the Supreme Court. Should the Chief Justice be on trial, 
 or otherwise disqualified, the Senate shall elect a judge of the Su- 
 preme Court to preside. 
 
 Sec. 2. No person shall be convicted without a concurrence of 
 two-thirds of the Senators elected. The Governor and other State 
 and judicial officers, except justices of courts not of record, shall be 
 liable to impeachment for high crimes, misdemeanors, or malfeas- 
 ance in office, but judgment in such cases shall extend only to re- 
 moval from office and disqualification to hold any office of honor, 
 trust, or profit in the State. The party, whether convicted or ac- 
 quitted, shall, nevertheless, be liable to trial and punishment ac- 
 cording to law. 
 
 ARTICLE IX. 
 
 PUBLIC DEBT, REVENUE, AND TAXATION. 
 
 Sec. 1. The power of taxation shall never be surrendered, sus- 
 pended, or contracted away. All taxes shall be uniform upon the 
 same class of property within the territorial limits of the authority 
 levying the tax, and shall be levied and collected for public pur- 
 poses only. 
 
 Sec. 2. There shall be exempted from taxation all Federal, 
 State, county, and municipal property. Property of educational, 
 charitable, and religious associations or institutions not used or held 
 for profit may be exempted from taxation by law. Public debts, 
 as evidenced by the bonds of Arizona, its counties, municipalities, 
 or other subdivisions, shall also be exempt from taxation. There 
 shall further be exempt from taxation, the property of widows, 
 residents of this State, not exceeding the amount of one thousand 
 dollars, where the total assessment of such widow does not ex- 
 
 19 
 
ceed two thousand dollars. All property in the State not exempt 
 under the laws of the United States or under this Constitution, or 
 exempted by law under the provisions of this section, shall be sub- 
 ject to taxation to be ascertained as provided by law. 
 
 Sue. 3. The Legislature shall provide by law for an annual tax 
 sufficient, .with other sources of revenue, to defray the necessary 
 ordinary expenses of the State for each fiscal year. And for the 
 purpose of paying the State debt, if there be any, the Legislature 
 shall provide for levying an annual tax sufficient to pay the annual 
 interest and the principal of such debt within twenty-five years from 
 the final passage of the law creating the debt. 
 
 No tax shall be levied except in pursuance of law, and every law 
 imposing a tax shall state distinctly the object of the tax, to which 
 object only it shall be applied. 
 
 All taxes levied and collected for State purposes shall be paid into 
 the State treasury in money only. 
 
 Sec. 4. The fiscal year shall commence on the first day of July 
 in each year. An accurate statement of the receipts and expendi- 
 tures of the public money shall be published annually, in such man- 
 ner as shall be provided by law. Whenever the expenses of any 
 fiscal year shall exceed the income, the Legislature may provide for 
 levying a tax for the ensuing fiscal year sufficient, with other sources ' 
 of income, to pay the deficiency, as well as the estimated expenses 
 of the ensuing fiscal year. 
 
 Sec. S. The State rnay contract debts to supply the casual de- 
 ficits or failures in revenues, or to meet expenses not otherwise pro- 
 vided for; but the aggregate amount of such debts, direct and con- 
 tingent, whether contracted by virtue of one or more laws, or at 
 different periods of time, shall never exceed the sum of three hun- 
 dred and fifty thousand dollars; and the money arising from the 
 creation of such debts shall be applied to the purpose for which 
 it was obtained or to repay the debts so contracted, and to no other 
 purpose. 
 
 In addition to the above limited power to contract debts the State 
 may borrow money to repel invasion, suppress insurrection, or de- 
 fend the State in time of war; but the money thus raised shall.be 
 applied exclusively to the object for which the loan shall have been 
 authorized or to the repayment of the debt thereby' created. No 
 money shall be paid out of the State treasury, except in the man- 
 ner provided by law. 
 
 Sec. 6. Incorporated cities, towns, and villages may be vested 
 by law with power to make local improvements by special assess- 
 ments, or by special taxation of property benefited. For all cor- 
 porate purposes, all municipal corporations may be vested with 
 authority to assess and collect taxes. 
 
 Sec. 7. Neither the State, nor any county, city, town, munici- 
 pality, or other subdivision of the State shall ever give or loan its 
 credit in the aid of, or make any donation or grant, by subsidy or 
 otherwise, to any individual, association, or corporation, or become 
 a subscriber to, or a shareholder in, any company or corporation or 
 become a joint owner with any person, company, or corporation, ex- 
 cept as to such ownerships as may accrue to the State by operation 
 or provision of law. 
 
 Sec. 8. No county, city, town, school district, or other munici- 
 pal corporation shall for any purpose become indebted in any man- 
 
 20 
 
ner to an amount exceeding four per centum of the taxable prop- 
 erty in such county, city, town, school district, or other municipal 
 corporation, without the assent of a majority of the property tax- 
 payers, who must also in all respects be qualified electors, therein 
 voting at an election provided by law to be held for that purpose, 
 the value of the taxable property therein to be ascertained by the 
 last assessment for State and county purposes, previous to in- 
 curring such indebtedness ; except, that in incorporated cities and 
 towns assessments shall be taken from • the. last assessYnent for city 
 or town purposes; Provided, that any incorporated city or town, 
 with such assent, may be allowed to become indebted to a larger 
 amount, but not exceeding five per centum additional, for supply- 
 ing such city or town with water, artificial light, or sewers, when 
 the works for supplying such water, light, or sewers are or shall 
 be owned and controlled by the municipality. 
 
 Sec. 9. Every law which imposes, continues, or revives a tax 
 shall distinctly state the tax and the objects for which it shall be 
 applied ; and it shall not be sufficient to refer to any other law to 
 fix such tax or object. 
 
 Sec. 10. No tax shall be laid or appropriation of public money 
 made in aid of any church, or private or sectarian school, or any 
 public service corporation. 
 
 Sec. 11. There shall be a State Board of Equalization, which, 
 until otherwise provided by law, shall consist of the chairmen of 
 the Boards of Supervisors in the various counties of the State, and 
 the State Auditor, who shall be ex-officio chairman thereof; and 
 there shall also be in each county of the State, a county Board of 
 Equalization consisting of the Board of Supervisors of said county. 
 The duty of the State Board of Equalization shall be to adjust and 
 equalize the valuation of the real and personal property among the 
 several counties of the State. The duty of the county Boards of 
 Equalization shall be to adjust and equalize the valuation of real 
 and personal property within their respective counties. Each board 
 shall also perform such other duties as may be prescribed by law. 
 
 Sec. 12. The law-making power shall have authority to pro- 
 vide for the levy and collection of license, franchise, gross revenue, 
 excise, income, collateral and direct inheritance, legacy, and suc- 
 cession taxes, also graduated income taxes, graduated collateral and 
 direct inheritance taxes, graduated legacy and succession taxes, 
 stamp, registration, production, or other specific taxes. 
 
 ARTICLE X. 
 
 STATE AND SCHOOL LANDS. 
 
 Sec. 1. All lands expressly transferred and confirmed to the 
 State by the provisions of the Enabling Act approved June 20, 1910, 
 including all lands granted to the State and all lands heretofore 
 granted to the Territory of Arizona, and all lands otherwise ac- 
 quired by the State, shall be by the State accepted and held in trust 
 to be disposed of in whole or in part, only in manner as in the said 
 Enabling Act and in this Constitution provided, and for the several 
 objects specified in the respective granting and confirmatory pro- 
 visions. The natural products and money proceeds of any of said 
 lands shall be subject to the same trusts as the lands producing the 
 same. 
 
 2T 
 
Sec. 2. Disposition of any of said lands, or of any money or 
 thing of value directly or indirectly derived therefrom, for any ob- 
 ject other than that for which such particular lands (or the lands 
 from which such money or thing of value shall have been derived) 
 were granted or confirmed, or in any manner contrary to the pro- 
 visions of the said Enabling Act, shall be deemed a breach of trust. 
 
 Sec. 3. No mortgage or other incumbrance of the said lands, 
 or any thereof, shall be valid in favor of any person or for any 
 purpose or under any circumstances whatsoever. Said lands shall 
 not be sold or leased, in whole or in part, except to the highest and 
 best bidder at' a public auction to be held at the county seat of the 
 county wherein the lands to be affected, or the major portion 
 thereof, shall lie, notice of which' public auction shall first have been 
 duly given by advertisement, which shall set forth the nature, time, 
 and place of the transaction to be had, with a full description of 
 the lands to be offered, and be published once each week for not 
 less than ten successive weeks in a newspaper of general circulation 
 published regularly at the State Capital, and in that newspaper of 
 like circulation which shall then be regularly published nearest to 
 the location of such lands so offered; nor shall any sale or con- 
 tract "for the sale of any timber or other natural product of sucli 
 lands be made, save at the place, in the manner, and after the 
 notice by publication thus provided for sales and leases of the lands 
 themselves ; Provided, that nothing herein contained shall prevent 
 the leasing of said lands referred to in this Article, for a term of 
 five years or less, without said advertisement herein required. 
 
 Sec. 4. All lands, lease-holds, timber, and other products of 
 land, before being offered, shall be appraised at their true value, 
 and no sale or other disposal thereof shall be made for a considera- 
 tion less than the value so ascertained, nor in any case less than 
 the minimum price hereinafter fixed, nor upon credit unless accom- 
 panied by ample security, and the legal title shall not be deemed 
 to have passed until the consideration shall have been paid. 
 
 Sec. 5. No lands shall be sold for less than three dollars per 
 acre, and no lands which are or shall be susceptible of irrigation 
 under any projects now or hereafter completed or adopted by the 
 United States under legislation for the reclamation of lands, or 
 under any other project for the reclamation of lands, shall be sold 
 at less than twenty-five dollars per acre; Provided, that the State, 
 at the request of the Secretary of the Interior, shall from time to 
 time relinquish such of its lands to the United States as at any time 
 are needed for irrigation works in connection with any such Gov- 
 ernment project, and other lands in lieu thereof shall be selected 
 from lands of the character named and in the manner prescribed 
 in Section Twenty-four of the said Enabling Act. 
 
 Sec. 6. No lands reserved and excepted of the lands granted to 
 this State by the United States, actually or prospectively valuable 
 for the development of water powers or power for hydro-electric 
 use or transmission, which shall be ascertained and designated by 
 the Secretary of the Interior within five years after the proclama- 
 tion of the President declaring the admission of the State, shall be 
 subject to any disposition whatsoever by the State or by any officer 
 of the State, and any conveyance or transfer of such lands made 
 within said five years shall be null and void. 
 
 Sec. 7. A separate fund shall be established for each of the sev- 
 
 22 
 
eral objects for which the said grants are made and confirmed by 
 the said Enabling Act to the State, and whenever any moneys shall 
 be in any manner derived from any of said lands, the same shall be 
 deposited by the State Treasurer in the fund corresponding to the 
 grant under which the particular land producing such moneys was, 
 by said Enabling Act, conveyed or confirmed. No moneys shall 
 ever be taken from one fund for deposit in any other, or for any 
 object other than that for which the land producing the same was 
 granted or confirmed. The State Treasurer shall keep all such 
 moneys invested in safe, interest-bearing securities, which securities 
 shall be approved by the Governor and Secretary of State, and 
 shall at all times be under a good and sufficient bond or bonds con- 
 ditioned for the faithful performance of his duties in regard thereto. 
 
 Sec. 8. Every sale, lease, conveyance, or contract of or con- 
 cerning any of the lands granted or confirmed, or the use thereof 
 or the natural products thereof made to this State by the said 
 Enabling Act, not made in substantial conformity with the pro- 
 visions thereof, shall be null and void. 
 
 Sec. 9. All lands expressly transferred and confirmed to the 
 State, by the provisions of the Enabling Act approved June 20, 
 1910, including all lands granted to the State, and all lands hereto- 
 fore granted to the Territory of Arizona, and all lands otherwise 
 acqtiired by the State, may be sold or leased by the State in the 
 manner, and on the conditions, and with the limitations, prescribed 
 by the said Enabling Act and this Constitution, and as may be fur- 
 ther prescribed by law; Provided, that the Legislature shall provide 
 for the separate appraisement of the lands and of the improve- 
 ments on school and university lands which have been held under 
 lease prior to the adoption of this Constitution, and for reimburse- 
 ment to the actual bona fide residents or lessees of such lands upon 
 which such improvements are situated, as prescribed by Title 65, 
 Civil Code of Arizona, 1901, and in such cases only as permit re- 
 imbursements to lessees in said Title 65. 
 
 Sec. 10. The Legislature shall provide by proper laws for the 
 sale of all State lands or the lease of such lands for terms not 
 longer than five years, and shall further provide by said laws for 
 the protection of the actual bona fide residents and lessees of said 
 lands, whereby such residents and lessees shall be protected in their 
 rights to their improvements, including water rights, in such man- 
 ner that in case of lease to other parties, the former lessee shall 
 be paid by the succeeding lessee the value of said improvements and 
 rights, and actual bona fide residents and^ lessees shall have prefer- 
 ence to renewal of their leases at a reassessed rental, fixed as pro- 
 vided by law. 
 
 Sec. 11. No individual, corporation, or association shall ever 
 be allowed to purchase or lease more than one hundred and sixty 
 acres of agricultural land, or more than six hundred and forty 
 acres of grazing land. 
 
 ARTICLE XL 
 
 EDUCATION. 
 
 Sec. 1. The Legislature shall enact such laws as shall provide 
 for the establishment and maintenance of a general and uniform 
 public school system, which system shall include kindergarten 
 
 23 
 
schools, common schools, high schools, normal schools, industrial 
 schools, and a university (which shall include an agricultural col- 
 lege, a school of mines, and such other technical schools as may 
 be essential, until such time as it may be deemed advisable to es- 
 tablish separate State institutions of such character.) The Legis- 
 lature shall also enact such laws as shall provide for the education 
 and care of the deaf, dumb, and blind. 
 
 Sec. 2. The general conduct and supervision of the public 
 school system shall be vested in a State Board of Education, a 
 State Superintendent of Public Instruction, county school superin- 
 tendents, and such governing boards for the State institutions as 
 may be provided by law. 
 
 Sec. 3. The State Board of Education shall be composed. of the 
 following members : the Governor, the Superintendent of Public 
 Instruction, the President of the University, and principals of the 
 State normal schools, as ex-officio members, and a city superin- 
 tendent of schools, a principal of a high school, and a county super- 
 intendent of schools, to be appointed by the Governor. The powers 
 and duties of the Board shall be such as may be prescribed by law. 
 The members of the Board shall serve without pay, but all their 
 necessary expenses incurred in attending the meetings of the Board, 
 and for printing, shall be provided for by law. 
 
 Sec. 4. The State Superintendent of Public Instruction shall be 
 a member, and secretary, of the State Board of Education, and, ex- 
 ofificio, a member of any other board having control of public in- 
 struction in any State institution. His powers and duties shall be 
 prescribed by law. 
 
 Sec. 5. The regents of the University, and the governing boards 
 of other State educational institutions, shall be appointed by the 
 Governor, except that the Governor shall be, ex-officio, a member 
 of the board of regents of the University. 
 
 Sec. 6. The University and all other State educational institu- 
 tions shall be open to students of both sexes, and the instruction 
 furnished shall be as nearly free as possible. 
 
 The Legislature shall provide for a system of common schools by 
 which a free school shall be established and maintained in every 
 school district for at least six months in each year, which school 
 shall be open to all pupils between the ages of six and twenty-one 
 years. 
 
 Sec. 7. No sectarian instruction shall be imparted in any school 
 or State educational institution that may be established under this 
 Constitution, and no religious or political test or qualification shall 
 ever be required as a condition of admission into any public educa- 
 tional institution of the State, as teacher, student, or pupil; 
 but the liberty of conscience hereby secured shall not be so con- 
 strued as to justify practices or conduct inconsistent with the good 
 order, peace, morality, or safety of the State, or with the rights 
 of others. 
 
 Sec. 8. A permanent State school fund for the use of the com- 
 mon schools shall be derived from the sale of public school lands or 
 other public lands specified in the Enabling Act approved June 20, 
 1910; from all estates or distributive shares of estates that may 
 escheat to the State ; from all imclaimed shares and dividends of anv 
 corporation incorporated under the laws of Arizona; and from ail 
 gifts, devises, or bequests made to the State for general educational 
 purposes. 
 
 24 
 
The income derived from the investment of the permanent State 
 school fund, and from the rental derived from school lands, with 
 such other funds as may be provided by law shall be apportioned 
 annually to the various counties of the State in proportion to the 
 number of pupils of school age residing therein. 
 
 Sec. 9. The amount of this apportionment shall become a part 
 of the county school fund, and the Legislature shall enact such laws 
 as will provide for increasing the county fund sufficiently to 
 maintain all the public schools of the county for a minimum term 
 of six months in every school year. The laws of the State shall 
 enable cities and towns to maintain free high schools, industrial 
 schools, and commercial schools. 
 
 Sec. 10. The revenue for the maintenance of the respective State 
 educational institutions shall be derived from the investment of 
 the proceeds of the sale, and from the rental of such lands as have 
 been set aside by the Enabling Act approved June 20, 1910, or 
 other legislative enactment of the United States, for the use and 
 benefit of the respective State educational institutions. In addition 
 to such income the Legislature shall make such appropriations, to 
 be met by taxation, as shall insure the proper maintenance of all 
 State educational institutions, and shall make such special appro- 
 priations as shall provide for their development and improvement. 
 
 ARTICLE XII. 
 
 COUNTIES. 
 
 Sec. 1. Each county of the State, now or hereafter organized, 
 shall be a body politic and corporate. 
 
 Sec. 2. The several counties of the Territory of Arizona as 
 fixed by statute at the time of the adoption of this Constitution are 
 hereby declared to be the counties of the State until changed by law. 
 
 Sec. 3. Subject to change by law, there are hereby created in 
 and for each organized county of the State the following officers 
 who shall be elected by the qualified electors thereof: Sheriff, 
 Recorder, Treasurer, School Superintendent, County Attorney, As- 
 sessor, County Superintendent of Roads, and Surveyor, each of 
 whom shall be elected for a term of two years, except that such 
 officers elected at the first election for State and county officers 
 shall serve until the first Monday in January, 1913; and three 
 Supervisors, whose term of office shall be provided by law, except 
 that at the first election for county officers the candidate for Super- 
 visor receiving the highest number of votes shall hold office until 
 the first Monday in January, 1915, and the two candidates for 
 Supervisor, respectively, receiving the next highest number of votes 
 shall hold office until the first Monday in January, 1913. 
 
 Sec. 4. The duties, powers, and qualifications of such officers 
 shall be as prescribed by law. The Board of Supervisors of each 
 county is hereby empowered to fix salaries for all county and pre- 
 cinct officers within such county for whom no compensation is pro- 
 vided by law, and the salaries so fixed shall remain in full force 
 and effect until changed by general law. 
 
 2; 
 
ARTICLE XIII. 
 
 MUNICIPAL CORPORATIONS. 
 
 Sec. 1. Municipal corporations shall not be created by special 
 laws, but the Legislature, by general laws, shall provide for the in- 
 corporation and organization of cities and towns and for the classi- 
 fication of such cities and towns in proportion to population, sub- 
 ject to the provisions of this Article. 
 
 Sec. 2. Any city containing, now or hereafter, a population of 
 more than three thousand five hundred may frame a charter for 
 its own government consistent with, and subject to, the Constitu- 
 tion and the laws of the State, in the following manner: A board 
 of freeholders composed of fourteen qualified electors of said city 
 may be elected at large by the qualified electors thereof, at a gen- 
 ral or special election, whose duty it shall be, within ninety days 
 after such election, to prepare and propose a charter for such city. 
 Such proposed charter shall be signed in duplicate by the mem- 
 bers of such board, or a majority of them, and filed, one copy of 
 said proposed charter with the chief executive officer of such city 
 and the other with the county recorder of the county in which said 
 city shall be situated. Such proposed charter shall then be pub- 
 lished in one or more newspapers published, and of general circu- 
 lation, within said city for at least twenty-one days if in a daily 
 paper, or in three consecutive issues if in a weekly paper, and the 
 first publication shall be made within twenty days after the com- 
 pletion of the proposed charter. Within thirty days, and not earlier 
 than twenty days, after such publication, said proposed charter 
 shall be submitted to the vote of the qualified electors of said .city 
 at a general or special election. If a majority of such qualified 
 electors voting thereon shall ratify such proposed charter, it shall 
 thereupon be submitted to the Governor for his approval, and the 
 Governor shall approve it if it shall not be in conflict with this Con- 
 stitution or with the laws of the State. Upon such, approval said 
 charter shall become the organic law of such city and supersede 
 any charter then existing (and all amendments thereto), and all 
 ordinances inconsistent with said new charter. A copy of such 
 charter, certified by the chief executive officer, and authenticated 
 by the seal, of such city, together with a statement similarly certi- 
 fied and authenticated setting forth the submission of such char- 
 ter to the electors and its ratification by them, shall, after the ap- 
 proval of such charter by the Governor, be made in duplicate and 
 filed, one copy in the office of the Secretary of State and the other 
 in the archives, of the city after being recorded in the office of said 
 County Recorder. Thereafter all courts shall take judicial notice 
 of said charter. 
 
 The charter so ratified may be amended by amendments pro- 
 posed and submitted by the legislative authority of the city to the 
 qualified electors thereof (or by petition as hereinafter provided), 
 at a general or special election, and ratified by a majority of the 
 qualified electors voting thereon and approved by the Governor as 
 herein provided for the approval of the charter. 
 
 Sec. 3. An election of such board of freeholders may be called 
 at any time by the legislative authority of any such city. Such 
 election shall be called by the chief executive officer of any such 
 city within ten days after there shall have been filed with him a 
 
 2fi 
 
petition demanding such election, signed by a number of qualified 
 electors residing within such city equal to twenty-five per centum 
 of the total number of votes cast at the next preceding general 
 municipal election. Such election shall be held not later than thirty 
 days after the call therefor. At such election a vote shall be taken 
 upon the question whether further proceedings toward adopting a 
 charter shall be had in pursuance to the call, and unless a major- 
 ity of the qualified electors voting thereon shall vote to proceed 
 further, no further proceedings shall be had, and all proceedings up 
 to the time of said election shall be of no effect. 
 
 Sec. 4. No municipal corporation shall ever grant, extend, or 
 renew a franchise without the approval of a majority of the quali- 
 fied electors residing within its corporate limits who shall vote 
 thereon at a general or special election, and the legislative body 
 of any such corporation shall submit any such matter for approval or 
 disapproval to such electors at any general municipal election, or 
 call a special election for such purpose at any time upon thirty 
 days' notice. No franchise shall be granted, extended, or renewed 
 for a longer time than twenty-five years. 
 
 Sec. 5. Every municipal corporation within this State shall have 
 the right to engage in any business or enterprise which may be 
 engaged in by a person, firm, or corporation by virtue of a fran- 
 chise from said municipal corporation. 
 
 Sec. 6. No grant, extension, or renewal of any franchise or 
 other use of the streets, alleys, or other public grounds, or ways, of 
 any municipality shall divest the State or any of its subdivisions 
 of its or their control and regulation of such use and enjoyment ; nor 
 shall the power to regulate charges for public services be surren- 
 dered; and no exclusive franchise shall ever be granted. 
 
 ARTICLE XIV. 
 
 CORPORATIONS OTHER THAN MUNICIPAL. 
 
 Sec. 1. The term "corporation." as used in this Article, shall 
 be construed to include all associations and joint stock companies 
 having any powers or privileges of corporations not possessed by 
 individuals or c#-partnerships, and all corporations shall have the 
 right to sue and shall be subject to be sued, in all courts, in like 
 cases as natural persons. 
 
 Sec 2. Corporations may be formed under general laws, but 
 shall not be created by special Acts. Laws relating to corporations 
 may be altered, amended, or repealed at any time, and all corpora- 
 tions doing business in this State may, as to such business, be regu- 
 lated, limited, and restrained by law. 
 
 Sec. 3. All existing charters under which a bona fide or- 
 ganization shall not have taken place, and business commenced in 
 good faith within six months from the time of the approval of 
 this Constitution shall thereafter have no validity. 
 
 .Sec. 4. No corporation shall engage in any business other than 
 that expressly authorized in its charter or by the law under which 
 it may have been or may hereafter be organized. 
 
 Sec. 5. No corporation organized outside of the limits of this 
 State shall be allowed to transact business within this State on more 
 favorable conditions than are prescribed by law for similar corpora- 
 tions organized under the laws of this State; and no foreign cor- 
 
 27 
 
poration shall be permitted to transact business within this State 
 unless said foreign corporation is by the laws of the country, State, 
 or Territory under which it is formed permitted to transact a like 
 business in such country. State, or Territory. ' 
 
 Sec. 6. No corporation shall issue stock, except to bona fide 
 subscribers therefor , or their assignees ; nor shall any corporation 
 issue any bond, or other obligation, for the payment of money, ex- 
 cept for money or property received or for labor done. The stock 
 of corporations shall not be increased, except in pursuance of a 
 general law, nor shall any law authorize the increase of stock of 
 any corporation without the consent of the person or persons hold- 
 ing, the larger amount in value of the stock of such corporation, 
 nor without due notice of the proposed increase having been given 
 as may be prescribed by law. All fictitious increase of stock or 
 indebtedness shall be void. 
 
 Sec. 7. No corporation shall lease or alienate any franchise so 
 as to relieve the franchise, or property held thereunder, from the 
 liabilities of the lessor, or grantor, lessee, or grantee, contracted or 
 incurred in the operation, use, or enjoyment of such franchise or 
 of any of its privileges. 
 
 Sec. 8. No domestic or foreign corporation shall do any busi- 
 ness in this State without having filed its articles of incorporation 
 or a certified copy thereof with the Corporation Commission, and 
 without having one or more known places of business and an 
 authorized agent, or agents, in the State upon whom process may 
 be served. Suit may be maintained against a foreign corpora- 
 tion in the county where an agfent of such corporation may be 
 found, or in the county where the cause of action may arise. 
 
 Sec. 9. The right of exercising eminent domain shall never be 
 so abridged or construed as to prevent the State from taking the 
 property and the franchises of incorporated companies and sub- 
 jecting them to public r,se the same as the property of individuals. 
 
 Sec. 10; In all elections for directors or managers of any cor- 
 poration, each shareholder shall have the right to cast as many 
 votes in the aggregate as he shall be entitled to vote in said com- 
 pany under its charter multiplied by the number of directors or 
 managers to be elected at such election ; and Ach shareholder 
 may cast the whole number of votes, either in person or by proxy, 
 for one candidate, or distribute such votes among two or more such 
 candidates ; and such directors or managers shall not be elected 
 otherwise. 
 
 Sec 11. The shareholders or stockholders of every banking or 
 insurance corporation or association shall be held individually re- 
 sponsible, equally and ratably, and not one for another, for all con- 
 tracts, debts, and engagements of such corporation or association, to 
 the extent of the amount of their stock therein, at the par value 
 thereof, in addition to the amount invested in such shares or stock. 
 
 Sec. 12. Any president, director, manager, cashier, or other of- 
 ficer of any banking institution who shall receive, or assent to, the 
 reception of any deposits after he shall have knowledge of the fact 
 that such banking institution is insolvent or in failing circum- 
 stances shall be individually responsible for such deposits. 
 
 Sec. 13. No persons acting as a corporation under the laws of 
 Arizona shall be permitted to set up, or rely upon, the want of a 
 legal organization as a defense to any action which may be brought 
 
 5(R 
 
against them as a corporation, nor shall any person or persons who 
 may be sued on a contract now or hereafter made with such cor- 
 poration, or sued for any injury now or hereafter done to its prop- 
 erty, or for a wrong done to its interests, be permitted to rely 
 upon such want of legal organization in his or their defense. 
 
 Sec. 14. This Article shall not be construed to deny the right 
 of the legislative power to impose other conditions upon corpora- 
 tions than those herein contained. 
 
 Sec. 15. Monopolies and trusts shall never be allowed in this 
 State, and no incorporated company, co-partnership, or association 
 of persons in this State shall directly or indirectly combine or make 
 any contract, with any incorporated company, foreign or domestic, 
 through their stockholders or the trustees or assigns of such stock- 
 holders or with any co-partnership or association of persons, or, 
 in any manner whatever, to fix the prices, limit the production, or 
 regulate the transportation of any product or commodity. The Leg- 
 islature shall enact laws for the enforcement of this Section by ade- 
 quate penalties, and in the case of incorporated companies, if neces- 
 sary for that purpose, may, as a penalty declare a forfeiture of 
 their franchises. 
 
 Sec. 16. The records, books, and files of all public service cor- 
 porations. State banks, building and loan /associations, trust, insur- 
 ance, and guaranty companies shall be at all times liable and sub- 
 ject to the full visitorial and inquisitorial powers of the State, not- 
 withstanding the immunities and privileges secured in the Declara- 
 tion of Rights of this Constitution to persons, inhabitants, and citi- 
 zens of this State. 
 
 Sec. 17. Provision shall be made by law for the payment of a 
 fee to the State by every domestic corporation, upon the grant, 
 amendment, or extension of its charter, and by every foreign cor- 
 poration upon its obtaining a license to do business in this State; 
 and also for the payment, by every domestic corporation and for- 
 eign corporation doing business in this State, of an annual regis- 
 tration, fee of not less than ten dollars, which fee shall be paid irre- 
 spective of any specific license or other tax imposed by law upon 
 such company for the privilege of carrying on its business in this 
 State, or upon its franchise or property; and for the making, by 
 every such corporation, at the time of paying such fee, of such re- 
 port to the Corporation Commission of the status, business, or con- 
 dition of such corporation, as may be prescribed by law. No for- 
 eign corporation shall have authority to do business in this State, 
 until it shall have obtained from the Corporation Commission a 
 license to do business in the State, upon such terms as may be pre- 
 scribed by law. The Legislature may relieve any purely charit- 
 able, social, fraternal, benevolent, or religious institution from the 
 payment of such annual registration fee. 
 
 Sec 18. It shall be unlawful for any corporation, organized or 
 doing business in this State, to make any contribution of money or 
 anything of value for the purpose of influencing any election or of- 
 ficial action. 
 
 Sec. 19. Suitable penalties shall be prescribed by law for the vio- 
 lation of any of the provisions of this Article. 
 
 20 
 
ARTICLE XV. 
 
 THE CORPORATION COMMISSION. 
 
 Sec. 1. A Corporation Commission is hereby created to be com- 
 posed of three persons, who shall be elected at the general election 
 to be held under the provisions of the Enabling Act approved June 
 20, 1910, and whose term of ofSce shall be co-terminous with that of 
 the Governor of the State elected at the same time, and who shall 
 maintain their chief office, and reside, at the State Capital. At the 
 first general State election held under this Constitution at which .i 
 Governor is voted for, three commissioners shall be elected who 
 shall, from and after the first Monday in January next succeeding 
 said election, hold' office as follows: 
 
 The one receiving the highest number of votes shall serve six 
 years, and the one receiving the second highest number of votes 
 shall serve four years, and the one receiving the third highest num- 
 ber of votes shall serve two years. And one commissioner shall 
 be elected every two years thereafter. In case of vacancy in said 
 office, the Governor shall appoint a commissioner to fill such vacancy. 
 Such appointed commissioner shall fill such vacancy until a com- 
 missioner shall be elected at a general election as provided by law, 
 and shall qualify. The qualifications of commissioners may be pre- 
 scribed by law. 
 
 Sec 2. All corporations other than municipal engaged in carry- 
 ing persons or property for hire ; or in furnishing gas, oil, or elec- 
 tricity for light, fuel, or power; or in furnishing water for irriga- 
 tion, fire protection, or other public purposes ; or in furnishing, for 
 profit, hot or cold air or steam for heating or cooling purposes; or 
 in transmitting messages or furnishing public telegraph or telephone 
 service, and all corporations other than municipal, operating as com- 
 mon carriers, shall be deemed public service corporations. 
 
 Sec. 3. The Corporation Commission shall have full power to, 
 and shall, prescribe just and reasonable classifications to be used, 
 and just and reasonable rates and charges to be made and collected, 
 by public service corporations within the State for service rendered 
 therein, and make reasonable rules, regulations, and orders, by 
 which such corporations shall be governed in the transaction of 
 business within the State, and may prescribe the forms of contracts 
 and the systems of keeping accounts to be used by such corpora- 
 tions in transacting such business, and make and enforce reason- 
 able rules, regulations, and orders for the convenience, comfort, and 
 safety, and the preservation of the health, of the employees and 
 patrons of such corporations ; Provided, that incorporated cities 
 and towns may be authorized by law to exercise supervision over 
 public service corporations doings business therein, including the 
 regulation of rates and charges to be made and collected by such 
 corporations; Provided further, that classifications, rates, charges, 
 rules, regulations, orders, and forms or systems prescribed or made 
 by said Corporation Commission may from time to time be 
 amended or repealed by such Commission. 
 
 Sec. 4. The Corporation Commission, and the several members 
 thereof, shall have power to inspect and investigate the property, 
 books, papers, business, methods, and afifaif-s of any corporation 
 whose stock shall be offered for sale to the piiblic, and of any 
 public service corporation doing business within the State, and for 
 
 30 
 
the purpose of the Commission, and of the several members thereof, 
 shall have the power of a court of general jurisdiction to enforce 
 the attendance of witnesses and the production of evidence by 
 subpoena, attachment, and punishment, which said power shall ex- 
 tend throughout the State. Said Commission shall have power to 
 take testimony under commission or deposition either within or 
 without the State. 
 
 Sec 5. The Corporation Commission shall have the sole power 
 to issue certificates of incorporation to companies organizing under 
 the laws of this State, an,d to issue licenses to foreign corporations 
 to do business in this State, as may be prescribed by law. 
 
 Sec. 6. The law-making power may enlarge the powers and ex- 
 tend the duties of the Corporation Commission, and may prescribe 
 rules and regulations to govern proceedings instituted by and be- 
 fore it; but, until such rules and regulations are provided by law, 
 the Commission may make rules and regulations to govern such 
 proceedings. 
 
 Sec. 7. Every public service corporation organized or author- 
 ized under the laws of the State to do any transportation or trans- 
 mission business within the State shall have the right to construct 
 and operate lines connecting any points within the State, and to 
 connect at the State boundaries with like lines;, and every such 
 corporation shall have the right with any of its lines to cross, inter- 
 sect, or connect with, any lines of any other public service corpora- 
 tion. 
 
 Sec. 8. Every public service corporation doing a transportation 
 business within the State shall receive and transport, without delay 
 or discrimination, cars loaded or empty, property, or passengers de- 
 livered to it by any other public service corporation doing a similar 
 business, and deliver cars, loaded or empty, without delay or dis- 
 crimination, to other , transportation corporations, under such regu- 
 lations as shall be prescribed by the Corporation Commission, or by 
 law. 
 
 Sec. 9. Every public service corporation engaged in the business 
 of transmitting messages for profit shall receive and transmit, with- 
 out delay or discrimination, any messages delivered to it by any 
 other public service corporation engaged in the business of trans- 
 mitting messages for profit, and shall, with its lines, make physical 
 connection with the lines of any public service corporation engaged 
 in the business of transmitting messages for profit, under such 
 rules and regulations as shall be prescribed by the Corporation Com- 
 mission, or by law; Provided, that such public service corporations 
 shall deliver messages to other such corporations, without delay or 
 discrimination, under such rules and regulations as shall be pre- 
 scribed by the Corporation Commission, or by law. 
 
 Sec. 10. Railways heretofore constructed, or that may hereafter 
 be constructed, in this State, are hereby declared public highways, 
 and all railroad, car, express, electric, transmission, telegraph, tele- 
 phone, or pipe line corporations, for the transportation of persons, 
 or of 'electricity, messages, water, oil, or other property for profit, 
 are declared to be common carriers and subject to control by law. 
 
 Sec. 11. The rolling stock and all other movable property be- 
 longing to any public service corporation in this State, shall be con- 
 sidered personal property, and its real and personal property, and 
 every part thereof, shall be liable to attachment, execution, and sale 
 
 .3^ 
 
in the same manner as the property of individuals ; and the law- 
 making power shall enact no laws exempting any such property from 
 attachment, execution, or sale. 
 
 • Sec. 12. All charges made for service rendered, or to be ren- 
 dered, by public service corporations within this State shall be just 
 and reasonable, and no discrimination in charges, service, or facili- 
 ties shall be made between persons or places for rendering a like 
 and contemporaneous service, except that the granting of free or 
 reduced rate transportation may be authorized by law, or by the Cor- 
 poration Commission, to the classes of persons described in the Act 
 of Congress approved February 11, 1887, entitled An Act to Regu- 
 late Commerce, and the amendments thereto, as those to whom free 
 or reduced rate transportation may be granted. 
 
 Sec. 13. All public service corporations and corporations whose 
 stock shall be offered for sale to the public shall make such reports 
 to the Corporation Commission, under oath, and provide such in- 
 formation concerning their acts and operations as may be required 
 by law, or by the Corporation Commission. 
 
 Sec. 14. The Corporation Commission shall, to aid it in the 
 proper discharge of its duties, ascertain the fair value of the prop- 
 erty within the State of every public service corporation doing busi- 
 ness therein; and every public service corporation doing business 
 within the State shall furnish to the Commission all evidence in its 
 possession, and all assistance in its power, requested by the Com- 
 mission in aid of the determination of the value of the property 
 within the State of such public service corporation. 
 
 Sec. 15. No public service corporation in existence at the time 
 of the admission of this State into the Union shall have the benefit 
 of any future legislation except on condition of complete acceptance 
 of all provisions of this Constitution applicable to public service cor- 
 porations. 
 
 Sec. 16. If any public service corporation shall violate any of 
 the rules, regulations, orders, or decisions of the Corporation Com- 
 mission, such corporation shall forfeit and pay to the State not less 
 than one hundred dollars nor more than five thousand dollars for 
 each such violation, to be recovered before any court of competent 
 jurisdiction. 
 
 Sec. 17. Nothing herein shall be construed as denying to public 
 service corporations the right of appeal to the courts of the State 
 from the rules, regulations, orders, or decrees fixed by the Corpora- 
 tion Commission, but the rules, regulations, orders, or decrees so 
 fixed shall remain in force pending the decision of the courts. 
 
 Sec. 18. Until otherwise provided by law, each Commissioner 
 shall receive a salary of three thousand dollars a year, together with 
 his actual necessary expenses when away from home in the dis- 
 charge of the duties of his office. 
 
 Sec. 19. The Corporation Commission shall have the power and 
 authority to enforce its rules, regulations, and orders by the impo- 
 sition of such fines as it may deem just, within the limitations pre- 
 scribed in Section 16 of this Article. 
 
 3^ 
 
ARTICLE XVI. 
 
 MILITIA. 
 
 Sec. 1. The militia of the State of Arizona shall consist of all 
 able-bodied male citizens of the State between the ages of eighteen 
 and forty-five years, and of those between said ages who shall have 
 declared their intention to become citizens of the United States, re- 
 siding therein, subject to such exemptions as now exist, or as may 
 hereafter be created, by the laws of the United States or of this 
 State. 
 
 Sec. 2. The organized militia shall be designated "The National 
 Guard of Arizona," and shall consist of such organized military 
 bodies as now exist under the laws of the Territory of Arizona 
 or as may hereafter be authorized by law. 
 
 Sec. 3. The organization, equipment, and discipline of the Na- 
 tional Guard shall conform as nearly as shall be practicable to the 
 regulations for the government .of the armies of the United States. 
 
 ARTICLE XVII. 
 
 WATER RIGHTS. 
 
 Sec. 1. The common law doctrine of riparian water rights shall 
 not obtain or be of any force or effect in the State. 
 
 Sec. 2. All existing rights to the use of any of the waters in 
 the State for all useful or beneficial purposes are hereby recognized 
 and confirmed. 
 
 ARTICLE XVIII. 
 
 EABOR. 
 
 Sec. 1 Eight hours and no more, shall constitute a lawful day's 
 work in all employment by, or on behalf of, the State or any politi- 
 cal subdivision of the State. The Legislature shall enact such laws 
 as may be necessary to put this provision into effect, and shall pre- 
 scribe proper penalties for any violations of said laws. 
 
 Sec. 2. No child under the age of fourteen years shall be em- 
 ployed in any gainful occupation at any time during the hours in 
 which the public schools of the district in which the child resides 
 are in session; nor shall any child under sixteen years of age be em- 
 ployed underground in mines, or in any occupation injurious to 
 health or morals or hazardous to life or limb ; nor in any occupa- 
 tion at night, or for more than eight hours in any day. 
 
 Sec. 3. It shall be unlawful for any person, company, associa- 
 tion, or corporation to require of its servants or employees as a 
 condition of their employment, or otherwise, any contract or agree- 
 ment whereby such person, company, association, or corporation 
 shall be released or discharged from liability or responsibility on ac- 
 count of personal injuries which may be received by such servants 
 or employees while in the service or employment of such person, 
 company, association, or corporation, by reason of the negligence 
 of such person, company, association, corporation, or the agents or 
 employees thereof; and any such contract or agreement if made, 
 shall be null and void. 
 
 Sec. 4. The common law doctrine of fellow servant, so far as 
 it affects the liability of a master for injuries to his servant result- 
 
ing from the acts or omissions of any other servant or servants of 
 the common master is forever abrogated. 
 
 Sbc. 5. The defense of contributory negligence or of assump- 
 tion of risk shall, in all cases w^hatsoever, be a question of fact and 
 shall, at all times, be left to the jury. 
 
 Sec. 6. The right of action to recover damages for injuries shall 
 never be abrogated, and the amount recovered shall not be subject 
 to any statutory limitation. . 
 
 Sec. 7. To protect the safety of employees in all hazardous oc- 
 cupations, in mining, smelting, manufacturing, railroad or street 
 railway transportation, or any other industry the Legislature shall 
 enact an Employer's Liability law, by the terms of which any em- 
 ployer, whether individual, association, or corporation shall be 
 liable for the death or injury, caused by any accident due to a con- 
 dition or conditions of such occupation, of any employee in the 
 service of such employer in such hazardous . occupation, in all cases 
 in which such death or injury of such employee shall not have been 
 caused by the negligence of the employee killed or injured. 
 
 Sec. 8. The Legislature shall enact a Workmen's Compulsory 
 Compensation law applicable to workmen engaged in manual or 
 mechanical labor in such employments as the Legislature may de- 
 termine to be especially dangerous, by which compulsory compensa- 
 tion shall be required to be paid to any such workman by his em- 
 ployer, if in the course of such employment personal injury to any 
 such workman from any accident arising out of, and in the course 
 of, such employment is caused in whole, or in part, or is contrib- 
 uted to, by a necessary risk or danger of such employment, or a 
 necessary risk or danger inherent in the nature thereof, or by failure 
 of such employer, or any of his or its officers, agents, or employee, 
 or employees, to exercise due care, or to comply with any law af- 
 fecting such employment; Provided, that it shall be optional with 
 said employee to settle for such compensation, or retain the right 
 to sue said employer as provided by this Constitution. 
 
 Sec. 9. The exchange, soUcitation, or giving out of any labor 
 "black list," is hereby prohibited, and suitable laws shall be enacted 
 to put this provision into, effect. 
 
 Sec. 10. No person not a citizen or ward of the United States, 
 or who has not declared his intention to become a citizen, shall be 
 employed upon, or in connection with, any State, county, or munici- 
 pal works or employment; Provided, that nothing herein shall be 
 construed to prevent the working of prisoners by the State, or bv 
 any municipality thereof, on street or road work, or other public 
 work. The Legislature shall enact laws for the enforcement, and 
 shall provide for the punishment of any violation, of this section. 
 
 ARTICLE XIX. 
 
 MINES. 
 
 The office of Mine Inspector is hereby established. The Leg- 
 islature, at its first session, shall enact laws so regulating the oper- 
 ation and equipment of all mines in the State as to provide for the 
 health and safety of workers therein and in connection therewith 
 and fixing the duties of said office. Upon approval of such laws 
 by the Governor, the Governor, with the advice and consent of the 
 
 34 
 
Senate, shall forthwith appoint a Mine Inspector, who shall serve 
 until his successor shall have been elected at the first general elec- 
 tion thereafter and shall qualify. Said successor and all subsequent 
 incumbents of said office shall be elected at general elections, and 
 shall serve for two years. 
 
 ARTICLE XX. 
 
 ORDINANCE. 
 
 The following ordinance shall be irrevocable without the consent 
 of the United States and the people of this State: 
 
 First. Perfect toleration of religious sentiment shall be secured 
 to every inhabitant of this State, and no inhabitant of this State 
 shall ever be molested in person or property on account of his or 
 her mode of religious worship, or lack of the same. 
 
 Second. Polygamous or plural marriages, or polygamous co- 
 habitation, are forever prohibited within this State. 
 
 Third. The sale, barter, or giving of intoxicating liquors to In- 
 dians and the introduction of liquors into Indian country are forever 
 prohibited within this State. 
 
 Fourth. The people inhabiting this State do agree and declare 
 that they forever disclaim all right and title to the unappropriated 
 and ungranted public lands lying within the boundaries thereof and 
 to all lands lying within said boundaries owned or held by any In- 
 dian or Indian tribes, the right or title to which shall have been ac- 
 quired through or from the United States or any prior sovereignty, 
 and that, until the title of such Indian or Indian tribes shall have 
 been extinguished, the same shall be, and remain, subject to the 
 disposition and under the absolute jurisdiction and control of the Con- 
 gress of the United States. 
 
 Fifth. The lands and other property belonging to citizens of the 
 United States residing without this State shall never be taxed at a 
 higher rate, than the lands and other property situated in this State 
 belonging to residents thereof, and no taxes shall be imposed by 
 this State upon lands or property situated in the State belonging to 
 or which may hereafter be acquired by the United States or re- 
 served for its use; but nothing herein shall preclude the State from 
 taxing as other lands and other property are taxed, any lands and 
 other property outside of an Indian reservation owned or held by 
 any Indian, save and except such lands as have been granted or ac- 
 quired as aforesaid, or as may be granted or confirmed to any In- 
 dian or Indians under any Act of Congress, but all such lands shall 
 be exempt from taxation so long and to such extent as Congress 
 has prescribed or may hereafter prescribe. 
 
 Sixth. The debts and liabilities of the Territory of Arizona, and 
 the debts of the counties thereof, valid and subsisting at the time 
 of the passage of the Enabling Act approved June 20, 1910, are 
 hereby assumed and shall be paid by the State of Arizona, and the 
 State of Arizona shall, as to all such debts and liabilities, be subro- 
 gated to all the rights, including rights of indemnity and reimburse- 
 ment, existing in favor of said Territory or of any of the several 
 counties thereof, at the time of the passage of the said Enabling 
 Act; Provided, that nothing in this ordinance shall be construed as 
 validating or in any manner legalizing any Territorial, county, 
 
tnunicipal, or other bonds, obligations, or evidences of indebtedness 
 of said Territory or the counties or municipalities thereof whicn 
 now are or may be invalid or illegal at the time the said State of 
 Arizona is admitted as a State, and the Legislature or the people of 
 the State of Arizona shall never pass any law in any manner validat- 
 ing or legalizing the same. 
 
 Seventh. Provisions shall be made by law for the establishment 
 and maintenance of a system of public schools which shall be open 
 to all the children of the State and be free from sectarian control, 
 and said schools shall always be conducted in English. 
 
 The State shall never enact any law restricting or abridging the 
 right of suffrage on account of race, color, or previous condition 
 of servitude. 
 
 Eighth. The ability to read, write, speak, and understand the 
 English language sufficiently well to conduct the duties of the office 
 without the aid of an interpreter, shall be a necessary qualification 
 for all State officers and members of the State Legislature. 
 
 Ninth. The capital of the State of Arizona, until changed by 
 the electors voting at an election provided for by the Legislature for 
 that purpose shall be at the City of Phoenix, but no such election 
 shall be called or provided for prior to the thirty-first day of De- 
 cember, nineteen hundred and twenty-five. 
 
 Tenth. There are hereby reserved to the United States, with full 
 acquiescence of this State, all rights and powers for the carrying out 
 of the provisions by the United States of the Act of Congress en- 
 titled "An Act appropriating the receipts from the sale and disposal 
 of public lands in certain States and Territories to the construction 
 of irrigation works for the reclamation of arid lands," approved 
 June 17, 1902, and Acts amendatory thereof or supplementary 
 thereto, to the same extent as if this State had remained a Terri- 
 tory. 
 
 Eleventh. Whenever hereafter any of the lands contained within 
 Indian reservations or allotments in this State shall be allotted, sold, 
 reserved, or otherwise disposed of, they shall be subject, for a 
 period of twenty-five years after such allotment, sale, reservation, 
 or other disposal, to all the laws of the United States prohibiting the 
 introduction of liquor into the Indian country. 
 
 Twelfth. The State of Arizona and its people hereby consent 
 to all and singular the provisions of the Enabling Act approved 
 June 20, 1910, concerning the lands thereby granted or confirmed to 
 the State, the terms and conditions upon which said grants and con- 
 firmations are made, and the means and manner of enforcing such 
 terms and conditions, all in every respect and particular as in the 
 aforesaid Enabling Act provided. 
 
 Thirteenth. This ordinance is hereby made a part of the Con- 
 stitution of the State of Arizona, and no future Constitutional 
 amendment shall be made which in any manner changes or abro- 
 gates this ordinance in whole or in part without the consent of Con- 
 gress. 
 
 ARTICLE XXI. 
 
 MODE OF AMENDING. 
 
 Sec. 1. Any amendment or amendments to this Constitution may 
 be proposed in either House of the Legislature, or by Initiative Peti- 
 
 36 
 
tion signed by a number of qualified electors equal to fifteen pet 
 centum of the total number of votes for all candidates for Governor 
 at the last preceding general election. 
 
 Any proposed amendment or amendments which shall be intro- 
 duced in either House of the Legislature, and which shall be ap- 
 proved by a majority of the members elected to each of the two 
 Houses, shall be entered on the journal of each House, together with 
 the ayes and nays thereon. When any proposed amendment or 
 amendments shall be thus passed by a majority of each House of 
 the Legislature and entered on the respective journals thereof, or 
 when any elector or electors shall file with the Secretary of State 
 any proposed amendment or amendments together with a petition 
 therefor signed by a number of electors equal to fifteen per centum 
 of the total number of votes for all candidates for Governor in the 
 last preceding general election, the Secretary of State shall submit 
 such proposed amendment or amendments to the vote of the people 
 at the next general election (except when the Legislature shall call 
 a special election for the purpose of having said proposed amend- 
 ment or amendments voted upon, in which case the Secretary of 
 State shall submit such proposed amendment or amendments to the 
 qualified electors at said special election,) and if a majority of the 
 qualified electors voting thereon shall approve and ratify such pro- 
 posed amendment or amendments in said regular or special election 
 such amendment or amendments shall become a part of this Consti- 
 tution. Until a method of publicity is otherwise provided by law 
 the Secretary of State shall have such proposed amendment or 
 amendments published for a period of at least ninety days previous 
 to the date of said election in at least one newspaper in every 
 county of the State in which a newspaper shall be published, in 
 such manner as may be prescribed by law. If more than one pro- 
 posed amendment shall be submitted at any election, such proposed 
 amendments shall be submitted in such manner that the electors may 
 vote for or against such proposed amendments separately. 
 
 Sec. 2. No Convention shall be called by .the Legislature to pro- 
 pose alterations, revisions, or amendments to this Constitution, or 
 to propose a new Constitution, unless laws providing for such Con- 
 vention shall first be approved by the people on a Referendum . vote 
 at a regular or special election, and any amendments, alterations, 
 revisions, or new Constitution proposed by such Convention shall 
 be submitted to the electors of the State at a general or special 
 election and be approved by the majority of the electors voting 
 thereon before, the same shall become effective. 
 
 ARTICLE XXII. 
 
 SCHBDULE AND MISCEIvI-ANEOUS. 
 
 Sec. 1. No rights, actions, suits, proceedings, contracts, claims, 
 or demands, existing at the time of the admission of this State into 
 the Union, shall be affected by a change in the form of govern- 
 ment, from Territorial to State, but all shall continue as if no 
 change had taken place ; and all process which may have been issued 
 under the authority of the Territory of Arizona, previous to its ad- 
 mission into the Union, shall be as valid as if issued in the name of 
 the State. 
 
 Z7 
 
Sec. 2. All laws of the Territory of Arizona now in force, not 
 repugnant to this Constitution, shall remain in force as laws of the 
 State of Arizona until they expire by their own limitations or are 
 altered or repealed by law; Provided, that wherever the word Ter- 
 ritory, meaning the Territory of Arizona, appears in said laws, the 
 word State shall be substituted. 
 
 Sec. 3. All debts, fines, penalties, and forfeitures which have 
 accrued, or rjiay hereafter accrue, to the Territory of Arizona shall 
 inure to the State of Arizona. 
 
 Sec. 4. All recognizances heretofore taken, or which may be 
 taken, before the change from a Territorial to a State government, 
 shall remain valid, and shall pass to and may be prosecuted in the 
 name of the State, and all bonds executed to the Territory of Ari- 
 zona, or to any county or municipal corporation, or to any officer, 
 or court, in his or its official capacity, shall pass to the State authori- 
 ties and their successors in office for the uses therein expressed, and 
 may be sued for and recovered accordingly ; and all the estate, real, 
 personal, and mixed, and all judgments, decrees, bonds, specialties, 
 choses in action, and claims, demands or debts of whatever descrip- 
 tion, belonging to the Territory of Arizona, shall inure to and vest in 
 the State of Arizona, and may be sued for and recovered by the 
 State of Arizona in the same manner, and to the same extent, as 
 the same might or could have been by the Territory of Arizona. 
 
 Sec. 5. All criminal prosecutions and penal actions which may 
 have arisen, or which may arise, before the change from a Terri- 
 torial to a State government, and which shall then be pending, shall 
 be prosecuted to judgment and execution in the name of the State. 
 All offenses committed against the laws of the Territory of Ari- 
 zona before the change from a Territorial to a State government, 
 and which shall not be prosecuted before such change, may be 
 prosecuted in the name, and by the authority, of the State of Ari- 
 zona, with like effect as though such change had not taken place, 
 and all penalties incurred and punishments inflicted shall remain 
 the same as if this Constitution had not been adopted. All actions 
 at law and suits in equity, which may be pending in any of the 
 courts, of the Territory of Arizona at the time of the change from 
 a Territorial to a State government, shall be continued and trans- 
 ferred to the court of the State, or of the United States, having 
 jurisdiction thereof. 
 
 Sec. 6. All Territorial, district, county, and precinct officers who 
 may be in office at the time of the admission of the State into the 
 Union shall hold their respective offices until their successors shall 
 have qualified, and the official bonds of all such officers shall continue 
 in full force and effect while siicli officers remain in office. 
 
 Sec. 7. Whenever the judge of the superior court of any county 
 elected or appointed under the provisions of this Constitution, shall 
 have qualified, the several causes then pending in the district' court 
 of the Territory, and in and for such county, except such causes 
 as would have been within the exclusive jurisdiction of the United 
 States courts, had such courts existed at the time of the com- 
 mencement of such causes within such county, and the records 
 papers, and proceedings of said district court, and other property 
 pertaining thereto, shall pass into the jurisdiction and possession of 
 the superior court of such county. 
 
 It shall be the duty of the clerk of the district court having cus- 
 
tody of such papers, records, and property, to transmit to the clerk 
 of said superior court the original papers in all cases pending in 
 such district and belonging to the jurisdiction of said superior court, 
 together with a transcript, or transcripts, of so much of the record 
 of said district court as shall relate to the same; and until the dis- 
 trict courts of the Territory shall be superseded in manner afore- 
 said, and as in this Constitution provided, the said district courts, 
 and the judges thereof, shall continue with the same jurisdiction and 
 powers, to be exercised in the same judicial district, respectively, as 
 heretofore, and now, constituted. 
 
 Sec. 8. When the State is admitted into the Union, and the 
 superior courts, in their respective counties, are organized, the books, 
 records, papers, and proceedings of the probate court in each county, 
 and all causes and matters of admitiistration pending therein, shall 
 pass into the jurisdiction and possession of the superior court of the 
 same county created by this Constitution, and the said court shall 
 proceed to final judgment or decree, order, or other determination, 
 in the several matters and causes with like effect as the probate 
 court might have done if this Constitution had not been adopted. 
 
 Sec. 9. Whenever a quorum of the judges of the Supreme Court 
 of the State shall have been elected, and qualified, and shall have 
 taken office, under this Constitution, the causes then pending in the 
 Supreme Court of the Territory, except such causes as would have 
 been within the exclusive jui-isdiction of the United States courts, 
 had such courts existed at the time of the commencement of such 
 causes, and the papers, records, and proceedings of said court, and 
 the seal and other property pertaining thereto, shall pass into the 
 jurisdiction and possession of the Supreme Court of the State, and 
 until so superseded, the Supreme Court of the Territory, and the 
 judges thereof, shall continue, with like powers and jurisdiction as 
 if this Constitution had not been adopted, of the State admitted into 
 the Union; and all causes pending in the Suprerne Court of the 
 Territory at said time, and which said causes would have been 
 within the exclusive jurisdiction of the United States courts, had 
 such courts existed, at the time of the commencement of such 
 causes, and the papers, records,' and proceedings of said court, re- 
 lating thereto, shall pass into the jurisdiction of the United . States 
 courts, all as in the Enabling Act approved June 20, 1910, pro- 
 vided. 
 
 Sec. 10. Until otherwise provided by law, the seal now in use in 
 the Supreme Court of the Territory, shall be the seal of the Su- 
 preme Court of the State, except that the word "State" shall be 
 substituted for the word "Territory" on said seal. The seal of the 
 superior courts of the several counties of the State, until otherwise 
 provided by law, shall be the vignette of Abraham Lincoln, with 
 
 the words "Seal of the Superior Court of County, State 
 
 of Arizona," surrounding the vignette. The seal of municipalities, 
 and of all county officers, in the Territory, shall be the seals of such 
 municipalities and county officers, respectively, under Ae State, un- 
 til otherwise provided by law, except that the word "Territory," or 
 "Territory of Arizona," be changed to read "State" or "State of 
 Arizona," where the same may appear on any such seals. 
 
 Sec 11. The provisions of this Constitution shall be in force from 
 the day on which the President of the United States shall issue his 
 
' proclamation declaring the State of xALrizona admitted into the j 
 Union. ' 
 
 Sec. 12. One Representative in the Congress of the United 
 States shall be elected from the State at large, and at the same 
 election at which officers shall be elected under the -StfSBling Act, ap- 
 proved June 20, 1910, and, thereafter, at such times-and in such man- 
 ner as may be prescribed by law. 
 
 Sec. 1.3. The term of office of every officer to be elected or ap- 
 pointed under this Constitution or the laws of Arizona shall extend 
 until his successor shall be elected and shall qualify. 
 
 Sec. 14. Any law which may be enacted by the Legislature un- 
 der this Constitution may be enacted by the people under the 
 Initiative. Any law which may not be enacted by the Legislature 
 under this Constitution shall not be enacted by the people. 
 
 Sec. is. Reformatory and penal institutions, and institutions for 
 the benefit of the insane, blind, deaf, and mute, and such other in- 
 stitutions as the public good may require, shall be established and 
 supported by the State in such manner as may be prescribed by law. 
 
 Sec. 16. It shall be unlawful to confine any minor under the age 
 of eighteen years, accused or convicted of crime, in the same sec- 
 tion of any jail or prison in which adult prisoners are confined. 
 Suitable quarters shall be prepared for the confinement of such 
 minors. 
 
 Sec. 17. All State and county officers (except notaries publid) 
 and all justices of the peace and constables, whose precinct includes 
 a city or town or part thereof, shall be paid fixed and definite sal- 
 aries, and they shall receive no fees for their own use. 
 
 Sec. 18. A State Examiner, who shall be a skilled accountant 
 shall be appointed by the Governor, by and with the advice and con- 
 sent of the Senate, for a term of two years. The State Examiner 
 shall examine the books and accounts of such public officers, and 
 perform such other duties, and have such other powers, as may be 
 prescribed by law. 
 
 Sec. 19. The Legislature shall enact laws and adopt rules pro- 
 hibiting the practice of lobbying on the floor of either House of the 
 Legislature, and further regulating the practice of lobbying. 
 
 Sec. 20. The seal of the State shall be of the following design: 
 In the background shall be a range of mountains, with the sun ris- 
 ing behind the peaks thereof, and at the right side of the range of 
 mountains there shall be a storage reservoir and a dam, below 
 which in the middle distance are irrigated fields and orchards reach- 
 ing into the foreground, at the right of which are cattle grazing. 
 To the left in the middle distance on a mountain sicie is a quartz 
 mill in front of which and in the foreground is a miner standing 
 with pick and shovel. Above this device shall be the motto : "Ditat 
 Deus." In a circular band surrounding the whole device shall be 
 inscribed : "Great Seal of The State of Arizona," with the year of 
 admission of the. State into the Union. 
 
 Sec. 21. The Legislature .shall enact all necessary laws to carry 
 into effect the provisions of this Constitution. 
 
 Done in open Convention at the City of Phoenix, Territory of 
 Arizona, this 9th day of December, A. D. 1910. 
 
 (Signed) Geo. W. P. Hunt, 
 
 President of the Constitutional Convention 
 
 (Signed) A. W. Cole, 
 
 Secretary nf the Constitutional Convention 
 40