A53 
 
 
 TT'"' rr»T rTTTTi T f^^y. 
 
 Constitn.iiion adopted by Arizona 
 
 J
 
 rrr 
 
 /i::'jf.'^ . 
 
 
 ^rt'iOf^,. 
 
 61sT Congress, | SP:NaTO./^ *^ ( Docvment 
 
 3d Session. I '^ y i Xo.798. 
 
 COXSTITUTTOX ADOPTED BY ARIZONA, 
 
 LETTER 
 
 FROM 
 
 THE SECRETARY OF THE INTERIOR, 
 
 TRANSMITTING 
 
 COPY OF THE CONSTITUTION ADOPTED BY THE CONSTITUTIONAL 
 
 CONVENTION OF ARIZONA. 
 
 January 31, ]911. — Referred to the C'ouimittee on Territories and ordered to be 
 
 printed. 
 
 Department of the Interior, 
 Washington, January 30, 1911. 
 
 There is inclosed a copy of the constitution adopted by the constitu- 
 tional convention of Arizona which the secretary of the Territory 
 has asked this department to distribute to the Members of the Senate 
 and House of Representatives in compliance with the resolution of 
 the constitutional convention. 
 
 Very respectfully, R. A. Ballinger, 
 
 ^1 Secretary. 
 
 To the Members of the Senate and House of Representatiates. 
 
 The Proposed Constitution for the State of Arizona. 
 
 [Adopted bv the Constitutional Convention, beld at Plioenix, Ariz., from Oot. 10 to Dec. 9, 
 
 1910.1 
 
 PREAMBLE. 
 
 "\Ye. the people of the State of Arizona, grateful to Almishty God 
 for our liberties, do ordain this constitution.
 
 2 CONSTlTUTlliN AliOl'TKD BV ARIZONA. 
 
 A i; in IK 1. 
 STATK IMilMJAltlKS. 
 
 'llir hoini.liii 11- ..I iln- Stall- of Aii/oiia shall he a^ follow-, iiaiiioly : 
 1i<-;;i lining' at a point on the Colora.lo liivtT twenty Knj>:lish miles 
 l)olow the jiiiHtion of tlie (Jila and ('•►lorado Uivors, as fixed by the 
 CJadsden Treaty U-tweeii the I'liited States and Mexico, l)ein*>: in 
 laliliide thirtv two de^n-ee>. twciiiyiiine minutes. f(U-ty-f(Mir and 
 forty li\e one-hnndre<llhs seconds north, and lonjiitude one hundred 
 and foiirtwn decrees, forty-eijrhl minntes. forty-four and fifty-three 
 one hnndredths serf)nds west of (ii-eenwich : thence alon«r i«i><l with 
 the iiiterniil ional lioiiiidaiy line hetween the United States and 
 Mexico in a southeastern dii-ection to Monument, Number 127 on said 
 boundary line, in latitude thii'ty-one do<rrees. twenty mimitcs north; 
 whence east aloni; and with said jiarallel of latitude, contimiinji; on 
 «aid l)oundary line to an interse<-tion with the meridian of loufritude 
 one hundred nine degrees, two minutes, fifty-nine and twenty-five 
 one-liundredtlis sex^onds west, bein^ identical with the southwestern 
 corner of New Mexico; thence north along and with said meridian 
 of longitude and the wast boundary of New Mexico to an intersection 
 ■with the parallel of latitude thirty-seven degrees north, being the 
 common corner of Colorado, Utah, Ai'izona. and New Mexico; thence 
 west along and with said pai'allel of latitude and the south boundary 
 of TTtah to an intersection with the meridian of longitude one hun- 
 dred fourteen degrees, two minutes, fifty-nine and tw^enty-five one- 
 hundredths seconds west, being on the east boundary line of the 
 State of Nevada ; thence south along and with said meridian of longi- 
 tude and the east boundary of said State of Nevada, to the center of 
 the Colorado River; thence dow-n 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 California, 
 successively, to the place of beginning. 
 
 Arttct.k it. 
 
 nkci.aration ok rights. 
 
 Sv.r. 1. A f refluent recurrence to fundamental principles is essen- 
 tial to the security of infli\idual right- and the perpetuity of free 
 government. 
 
 Src. 2. All political power is inherent in the people, and govern- 
 ments derive their just powers from (he cf»nsent of the governed and 
 arc e.slablishe<l lf» protect and maintain individual rights. 
 
 Sfc. 3. The Constitution of the United States is the supreme law 
 of the land. 
 
 SKr. t. No per.-,on ^hall be (N-prived of life, liberty, or property 
 without due process of law. 
 
 Sec. 5. The right of petition and of the peoi)le peaceably to as- 
 fiemble for the common good shall never be abridged. 
 
 Skc. r,. Kvery person may frf><'ly sj>eak'. write, and publish on all 
 fiubjecls. beinir re-pcmsible for the abuse of that ri'dit. 
 
 • »••••• ••• • •• •••• 
 
 • ••• ••• •* ••(••■ 
 
 • • • « • «• 
 
 • *• • ••• • 
 
 • . • • • •
 
 (5 '- 
 CONSTITUTION ADOPTED BY ARIZONA. 3 
 
 Sec. T. The mode of administering an oath or affirmation shall be 
 :_ such as shall be most consistent with and binding ui)on the conscience 
 ( of the person to whom such oath or affirmation ma}' be administered. 
 
 Sec. 8. No person shall be disturbed in his private affairs or his 
 home invaded without authority of law. 
 
 ^ Sec. 9. Xo laAv 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 with- 
 out 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 licentious- 
 ness or justify practices inconsistent with the peace and safety of 
 the State. No public money or property shall be appropriated^ for 
 or applied to any religious worship, exercise, or instruction, or to 
 the support of any religious establishment. No religious qualifica- 
 tion shall be required for any public office or employment; nor shall 
 any person be incompetent as a witness or juror in consequence of 
 his opinion on matters of religion ; nor be questioned touching his 
 religious belief in any court of justice to affect the Aveight of his 
 testimony. 
 
 Sec. 13. No law shall be enacted granting to any citizen, class of 
 citizens, or corporation other than municipal, privileges or immu- 
 nities 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 corruption of blood or forfeiture 
 of estate. 
 
 Sec. 17. Private property shall not be taken for private use. ex- 
 cept 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 dam- 
 aged 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 mu- 
 nicipal until full compensation therefor be first made in money or 
 ascertained and paid into court for the owner irrespective of any 
 benefit from any improvement proposed by such corporation, which 
 compensation shall be ascertained by a jury, unless 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 imprisonn^nt for debt, except in cases 
 ^^of fraud. \ 
 
 0^ 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 
 
 448774
 
 4 CONSTITUTION ADOPTED BY ARIZONA. 
 
 testimony or onMlm-inj? evidence when le<raliy called upon to do so 
 on the ::n»und that it may tend to incriminate him under the laws 
 of the Stale, hut ni) j)erson shall he prosecutetl or suhject to any 
 penally or forfeiture lor, or on account of, any transaction, matter, 
 or thing concernin«r wiiich he may so testify or produce evidence. 
 
 Sk.c, *J0. 'Ilie military -liall he in strict snhoidination to the civil 
 power. 
 
 Skc, hi. .VU elections shall \>v Uvv ;Mid ecjiial. and no power, civil 
 or military, sliall at any time interfere to prevent the free exercise 
 of tlu' ri^rlit of siiU'ra^e. 
 
 Sk<'. '2'J. All |H'rson.s char«:ed with crime .shall be bailahle by suf- 
 ficient >uretie.s, except for capital olTenses, when the proof is evident 
 or the pi"esiimption ^a'cat. 
 
 Skc. -Jo. The ri^rbt <>f tfial by jury shall remain inviolate, but [itL'o- 
 vision may be made by law for a jury of a number of less than twelve 
 in courts not of iccord. and for a xcrdict by nine or more jurors in 
 civil cast's in any court of recoi-d. and for wai\ in^ of a jury in civil 
 ca.ses where the consent of the parties interested is jziven thereto. 
 
 Skc. '24. In criminal prosecutions, the accused shall ha\e the right 
 to aj)pcar and defend in j)erson, and by counsel, to demand the nature 
 and cause of the accu-ation airainst him. lo have a copy thereof, to 
 testify in his own U'lialf. to uicet the witnes.ses a^rainst him face to 
 face, to have compul.sory process to compel the attendance of wit- 
 nes.ses in his own behalf, to have a speedy public trial by an impartial 
 jury of the county in wliich tlie olfensc is alleged to have lieen com- 
 mitted, and the ri<j^ht to appeal in all cases; and in no instance shall 
 any jicctised person before final judirment be compelled to advance 
 money or fees to secure the rijL^hts herein <.niarantwd. 
 
 Sr.r. -J."*. Xo bill of attainder, ex-post-facto law. or law impairing 
 the obligation of a contract, shall ever be enacted. 
 
 Sec. '2V}. The right of the individual citizen to bear aruis in de- 
 fense of himself or the State shall not be impaired, but nothing in 
 this section shall be construecl as authorizing individuals or corpora- 
 tions to orgaiii/e. maintain, or euij)lov an armed l)ody of men. 
 
 Skc. 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 cons<'nt of its owner: noi- in time of war excej^t in the 
 manner prescribed by law. 
 
 Skc. 2H. Treason against the State shall consist onl}'^ in levying 
 war against the Stale or adhei-iTig 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 confession in 
 open court. 
 
 Skc. tin. \o hei-editary emoluments, privileges, or powers shall be 
 grantt'<l or conferred and no laAv shall be enacted permitting any 
 per|)etuity or entailment in this State. 
 
 Skc. ;'.(). No person shall Im' prosecuted criminally in any court of 
 record for felony or misdeujcanor otherwise than by information or 
 indictiueut ; no per-on shall be prosecuted for felony by information 
 without having had a preliminary examination before a magistrate 
 or having waived such i>reliminary examination. 
 
 Skc. .'^1. No law shall be enacted in this State limiting the amount 
 of damages lo be recoverecl for causing the death or injury of any 
 person.
 
 CONSTITUTION ADOPTED BY ABIZONA. 5 
 
 Sec. 32. The provisions of this constitution are mandatory unless 
 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 OF POWERS. 
 
 The powers of the government of the State of Arizona shall be 
 divided into three separate departments, the legishitive. the execu- 
 tive, and the judicial: and. except as provided in this constitution, 
 such dei^artments shall be separate and distinct, and no one of such 
 departments shall exercise the power- properly belonging to either 
 of the others. 
 
 Article IV. 
 legislative department. 
 
 1. Init'iathie and referendmn. 
 
 Sec. 1. (1) The legislative authority of the State shall be vested 
 in a legislature, consisting of a senate and a house of representatives, 
 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 approve 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. lender 
 this power ten per centum of the qualified electors shall have the 
 right to i^ropose 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 qualified 
 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 preservation 
 of the public peace, health, or safety, or for the support and main- 
 tenance of the departments of the State government and State in- 
 stitutions; but to allow opportunity for referendum petitions, no act 
 passed by the legislature shall be operative for ninety days after the 
 close of the session of the legislature enacting such measure, except 
 such as require earlier operation to preserve the public peace, health, 
 or safety, or to provide appropriations for the support and main- 
 tenance of the departments of State and of State institutions; pro- 
 vided, that no such emergency measure shall be considered passed 
 by the legislature unless it shall state in a separate section why it is 
 necessary that it shall become immediately 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 governor, 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 leo-islature. taken bv roll call of aves and nays.
 
 6 CONSTITUTION ADOPTED BY ARIZONA. 
 
 (4) All petitions submittal uikUt the power of the initiative shall 
 be known as initiative {X'titions. and shall ho filed with the secretary 
 of State not less than four months precedin«r tin- date of tlio election 
 at which IJH' nu'asures so pioposinl arc to U' voicd upon. All peti- 
 tions suhruittcd under the i)owcr of the referendum shall be known 
 ns ivfeiTndum i)etitions, and shall Ik- filed with the secretary of state 
 n<»t more tliaii ninety days after the final nd jouinmcnt of the session 
 of the Ic^'i^laturc wliich shall have passed the measure to which the 
 referendum is applied. Tlie filin<; of a referendum petition against 
 any item, section, nr part of any measure shall not prevent the re- 
 maimh'r (»f such mea-ure from becominp: o)K'rative. 
 
 (.')) Any measuie of 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 (iir.dified electors, and 
 shall become law when a|>proved by a niajoiily of the votes cast 
 thereon ami upon pro«'lamati(»n of tlu' <jfovernoi', and not otherwise. 
 
 (6) The veto pow<'i- of the jrovernor shall not extend to initiative 
 or referemhnn measures ai)i)roved by a majority of the qualified 
 electors. 
 
 (7) The wh(»le number (d" votes cast for all candidates for jtrov- 
 ernor at the <reneral election last precedinji the filinjr of any initia- 
 tive or referendum i^etition on a State or county measure shall be 
 the basis on which the number of (|na]ified electors required to sign 
 such p«tiiion shall be com])uted. 
 
 (8) The powers of the initiative and the referendum are hereby 
 further reserved to the qualified electors of every incorporated 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 incorporated cities, 
 towns, and counties may j^rescribe the manner of exercising said 
 power within the restrictions of general laws. Under 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 referendum on legislation en- 
 acted 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. 
 
 (D) iM-ery 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 correspond- 
 ing officer in the case of petitions for or on county, city, or town 
 measures; :iiid shall contain the declaration of each ]:)etitioner. for 
 himself, that he is a qualified elector of the State (and in the case of 
 petitions for or on city, town, or county measures, of the city, town, 
 or county affected), his post-office address, the street and number, if 
 any. of his residence, and the date on Avhich he signed such petition. 
 Each sheet containing petitioners* signatui-es shall be attached to a 
 full and correct copy of the title and text of the measure so proposed 
 to be initiated or refen-ed to the people, and every sheet of every 
 «uch petition containing signatures 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 belief of the affiant each signer was a
 
 CONSTITUTION ADOPTED BY ARIZONA. 7 
 
 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 pro- 
 posed to be initiated or referred to the people. 
 
 (10) When any initiative or referenduni ])etition or any measure 
 referred to the people by the lettislature shall be filed, in accordance 
 with this section, with the secretary of state, he shall cause to be 
 printed on the official ballot of the next regular general election the 
 title and number of said measure, together with the words " Yes " 
 and "No" in such mann'er that the electors may express at the polls 
 their approval or disapproval of the measure. 
 
 (11) The text of all measures to l)e ^;ubmitted shall be published 
 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 general 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 election, 
 the measure or amendment receiving the greatest number of affirnia- 
 tive 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 presence 
 of the governor and the chief justice of the supreme court, to can- 
 vass the votes for and against each such measure or proposed amend- 
 ment to the constitution within thirty days after the election, imd 
 upon the completion of the canvass the governor shall forthwith is- 
 use a proclamation, giving the whole number of votes cast for :'nd 
 against each measure or proposed amendment, and declaring such 
 measures or amendments as are approved by a majority of those a ot- 
 ing thereon to be law. 
 
 (14) This section shall not be construed to deprive the legis- 
 lature of 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 wilfuU vio- 
 lation of any of the provisions of the preceding section. 
 
 2. The legislature. 
 
 Sec. 1. Until otherwise provided by law, the senate shall consist 
 of 19 members, and the house of representatives of 35 members, and 
 senators and representatives shall be apportioned among the several 
 counties as follows : 
 
 Apache Count}', 1 senator, 1 representative; Cochise County, 2 
 senators, 7 representatives; Coconino County, 1 senator, 1 represent- 
 ative; Gila Count}^, 2 senators, 3 representatives; Graham County, 
 1 senator, 2 representatives ; Greenlee county, 1 senator. 2 representa- 
 tives; Maricopa County, 2 senators, G representatives; Mohave 
 County, 1 senator, 1 representative; Navajo County. 1 senator. 1 rep- 
 resentative; Pima County, 2 senators, 3 representativers; 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 election, nor 
 unless he shall be at least twenty-five years of age, and shall have
 
 F CONSTITUTION ADOPTED BY ARIZONA. 
 
 Ihhmi a iv.>i«U'nt of Arizona at least tliive years and of the county 
 from \vlii«-li he is elected at least one year before liis election. 
 
 S»;r. :'.. Tin- sc-sion-^ <»f the h><ri^hit lire sliall We hehl biennially at the 
 eapitol of the .State, and except a- t«» tlie lirst sessioJi thereof, shall 
 rouinieni'e on the .second Monday of rlanuary next after the election 
 of nieuiU'i-s of the lefrishiture. The first session shall convene not 
 1.-^ than thirty nor ni<»re than sixty days after the admission of 
 tin- State into tlie I'nion. The <:;o\('rn()r may call a s])ecial session 
 whenever in ins judj^inent it is advisable. In calling such special ses- 
 :. the •^(•vernor shall specify the subjects to be considered at such 
 -r^-ion. and at such session no hnvs shall be enacted except such as 
 relate to the subjects mentioned in such call. * 
 
 Sec. 4. No person liolding any public office of profit or trust under 
 the authority of the United States, (►r of this State, shall be a mem- 
 l)er of the le<rislalure: I*rovided. That appointments in the State 
 militia and the ollices of notary public, justice of the peace, United 
 States commissioner, and postmaster of the fourth class, shall not work 
 tlis<pialification for membership within the meaning of this section. 
 
 Skc ;■). No member of the legislature, during the term for which 
 he shall have been ele<'ted. shall be appointed or elected to any civil 
 «)IIice of profit under this State. Avhich shall have been created, or the 
 emoluments of which shall ha\'e l)een incr(>ased. during said term. 
 
 Skc. (■», .Members of the legislature shall be privileged from arrest 
 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 conmiencement of 
 each session. 
 
 Sec. 7. No member oi" tlie legislature shall be liable in any civil or 
 criminal prosecution for words spoken in debate. 
 
 Skc. 8. Each house, when assembled, sliall choose its own officers, 
 judge of the election and qualification of its own members, and de- 
 termine its own rules of procedure. 
 
 Sec. 0. The majority of the members of each house shall constitute 
 a (piorum to do business, but a smaller number may meet, adjourn 
 from day to day. and compel the attendance of absent members, in 
 such manner and under such penalties as each House may prescribe. 
 Neither House shall adjourn for more than three days, nor to any 
 j)lace ollici- than that in wliich it may be sitting, Avithout the con- 
 sent 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. 
 
 Skc 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. 
 
 Skc. lii. Every bill shall be read by sections on three different 
 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 pa.ssage 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 i-oll call. P^very measure when finally 
 pas.sed shall be presented to the governor for his approval or disap- 
 proval.
 
 CONSTITUTION ADOPTED BY ARIZONA, 9 
 
 Sec. 13. Every act shall embrace but one subject and matters 
 properly connected therewith, which subject shall be expressed in 
 the title; but if any subject shall be embraced in an act which shall 
 not be expressed in the title, such act shall be void only 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 section as 
 amended shall be set forth and published at fidl 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. it. The legislature shall never grant any extra compensation 
 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 diminished 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 diA^orces, 
 
 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 effect to informal or invalid 
 deeds. 
 
 7. Punishment of crimes and misdemeanors, 
 
 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, liability, 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 embrac- 
 ing but one subject.
 
 10 ci'>.-ilTl'TION ADOPTED BY ARIZONA. 
 
 Srjc -n Tlie meinbei-s of the first legislature shall hold office until 
 the first Monday in January. lOlT.. The terms of office of the mem- 
 |,tM '■ •••••e<lin«r le«rislatures shall be two year>. 
 
 >... . __. Liiiil otherwise provided by law members of the legisla- 
 ture shall receive seven dollars per day: Frookied, however, That 
 they shall receive such salary for a period not to exceed sixty days 
 in any one session. They -hall also receive mileage one way, by the 
 .sh«.rle.>t practi<ablt' n.ute. at the rate of twenty cents per mile. 
 
 Sec. 23. It shall not be lawful for any person holding i)ublic 
 office in this State to acfcpt oi" n>e a pass, or to jMirchase trans- 
 portation from anv railroad or other corporation other than as 
 such transportation' nuiy 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 enfi>rce this provision. 
 
 Sec. 24. The enacting clause of every bill enacted by the legis- 
 lature 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 
 tlie pt'opje of the State of Arizona." 
 
 Article V. 
 
 EXECUTIVE DEPARTMENT. 
 
 Sec. 1. The executive department of the State shall consist of 
 governor, secretary of state, state auditor, state treasurer, attorney 
 general, and superintenelent 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 
 tiiose elected at the election provided for in the enabling act ap- 
 proved June 20, 1010, shall begin when the State shall be admitted 
 into the T'nion. and shall end on the first Monday in January, A. D. 
 101^. (»!• \vhen 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 tAvo houses of the legislature, at its next regular ses- 
 sion, shall eh-'t foitlnvitli. )>y joint ballot, one of such persons for 
 said office. 
 
 The offii'ers 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 per- 
 form such duties as are prescribed by this constitution and as may 
 be provided by law. 
 
 Skc. 2. Xo person shall be eligible to any of the offices mentioned 
 in .s«'ction 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 pre- 
 ceding his election a citizen of the United States and for five years 
 next preceding his election a citizen of Arizona. 
 
 Sf.c. 3. The governor shall be commander in chief of the military 
 forces of the State, except when such forces shall be called into the 
 service of the United States. 
 
 Sec. 4, The governor sliall transact all executive business with 
 the officers of the government, civil and military, and may require
 
 CONSTITUTION ADOPTED BY ARIZONA. 11 
 
 information in writino- from the officers in the execntive department 
 upon any subject rehitin^- to the duties of their respective offices. He 
 shall take care that the laws be faithfully executed. He may con- 
 vene the legislature in extraoi'dinar}' 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. 
 
 Sec. 5. The governor shall have power to grant reprieves, com- 
 mutation, and pardons, after convictions, for all ofi'enses except 
 treason and cases of imi^eachment 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, inabilitj- to discharge the duties of his office, resig- 
 nation, or absence from the State, the powers and duties of the office 
 shall devolve upon the secretary of state until the disability ceases, 
 or during the remainder of the term. 
 
 Sec. 7. Every bill passed by the legislature, 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 bj^ 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 excepted) 
 or become a law as provided in this constitution. After the final 
 action by the governor, or following the adoption of a bill notwith- 
 standing his objection, it shall be filed with the secretary 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 aj^prove. together with his reasons there- 
 for, and such item or items shall not take etfert unless passed over 
 the governor's objections as in this section provided. 
 
 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 vacant, and 
 no mode shall be provided by the constitution or by law. for filling 
 such vacancy, the governor shall hnxe the power to fill such vacancy 
 by appointment. 
 
 Sec. 0. The powers and duties of secretary of state. State treasurer, 
 State auditor, attorney general, and superintendent of public instruc- 
 tion shall be as prescribed by law. 
 
 Sec. 10. Xo 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.
 
 12 CONSTirUTION ADOPTED BY ARIZONA. 
 
 - . 11. The returns of the election for all State officers shall be 
 canvas.se<l, and certiHratcs of t'le<>tion is>ue(l bv the secretary of state, 
 m >iich manner as may be prox ided by law. 
 
 .*>>:<. 1'2. All <-ommis.sions shaii i>siie in the name of the State, and 
 shall \)e si^ied by the governor, sealed with the seal of the State, and 
 fltti'sted by the secrt'tary of state. 
 
 Skc. 13. TTntil otherwise |)roviiled by law. the salaries of the State 
 oflicers shall be as follows: 
 
 Governor, four thousand dollars per annum. 
 
 Se(M'etary of state, three thousainl five hundred dollars per annum. 
 
 State auiiitor, three thousand dollars i)er annum. 
 
 State treasurer, three thousand dollars per annum. 
 
 Attorney general, twenty-five hundred dollars per annum. 
 
 Superint<'ndent of j)ublie instruction, twenty-five hundred dollars 
 per annum. 
 
 Artkle VT. 
 
 .1 tOrCIAL DEPART^fEXT. 
 
 Sec. 1. The judicial power of tlie 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 laAv. 
 
 Sec. 2. The supreme court shall consist of three judges, a majority 
 of whom shall be necessary to form a quorum and pronounce a de- 
 cision. The said court shall always be open for the transaction of 
 business. excej)t on nonjudicial days. In the determination of causes, 
 all decisifULS of the court shall be given in writing, and the grounds 
 <d' {\h- decisions shall be stated. The number of judges may be in- 
 creased or diminished from time to time by law; provided, that said 
 court shall at all times be constituted of at least three judges. 
 
 Sec. .'}. Judges of the su])reme court shall be elected at the general 
 lection to be held under the [)rovisions of the enabling act approved 
 June 20. Il»l(). Their term of office shall be coterminous with that 
 of tlu' 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 fir-t general State election thereafter, held under this constitution. 
 Ill which a governor is voted for, three judges of the supreme court 
 shall ].<• elected, and the judges elected thereat shall be classified by 
 lot. .so that one shall hold office 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 
 fir-t .Monday in January next succeeding said election. The lot 
 shall bo diiiwn by the judges elect, who shall assemble for that ]Mir- 
 po.se at (he State cai)itol. and shall cause the results to be certified to 
 the .s«H-retary of .state, who shall file the same in his office. 
 
 The judge having the shortest time to serve, and not holdino- his 
 oflice by api>ointuieu( or by election to fill a vacancv, .shall be the 
 chief justice, and shall i)i-eside at all sessions of the 'sui)renie c(Hirt. 
 In rase (.f ab.sence of the chief justice, the judge havino- in like man- 
 ner the .shortest lime to serve shall preside. 
 
 After tin' lirst State election one judge shall be elected every two 
 years at li»e g»'neral election, and the term of the judoe elected^hall " 
 be SIX years from and after the first Monday in January next sue- 
 
 o 
 
 e
 
 CONSTITUTION ADOPTED BY ARIZONA. 13 
 
 ceeding his election, and judges so elected shall hold office until their 
 successors are elected and qualify. 
 
 If a vacancy occur in the office of judfre of the siii)reme court, the 
 governor shall appoint a person to fill such vacancy until the elec- 
 tion and qualification of a judge to hold said office, which election 
 shall take place at the next succeeding general election, and the 
 person so elected shall hold office foi- fhe remainder of the iniexi)ired 
 term. 
 
 "Whenever for any reason any judge shaTl be disqualified from act- 
 ing 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 l^e held at the seat of gov- 
 ernment. 
 
 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 supreuie 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 jurisdicti<m in habeas 
 corpus and quo warranto and nuuidamus as to all State officers. It 
 shall have appellate jurisdiction in all actions and proceedings, but 
 its appellate jurisdiction shall not extend to civil actions 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 involves 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 jurisdiction 
 to hear and determine all causes between counties concerning dis- 
 puted boundaries and surveys thereof, or concerning claims of one 
 county against another. Such trials shall be to the court without 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: Provided, 
 that for each county having a census enumeration greater than thirty 
 thousand inhabitants, one judge of the superior court for every addi- 
 tional thirty thousand inhabitants, or majority fraction 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 distributed and assigned by law, or 
 in the absence of legislation therefor, by such rules and orders of the 
 court as shall best promote and secure the convenient and expeditious 
 transaction thereof.
 
 14 CONSTITUTION AD(>PTKD BY ARIZONA. 
 
 liif jutiiriiii'iits. tit'oives. orders, and i>i«>foediiio;s of any session of 
 till' .siiiH-rictr ((nirt lieKl by any one or more ()f tlie judges of such 
 court shall be e(|ually effectual as if all the judges of said court had 
 presiiled at such session. 
 
 TIh- Hr^t judir»'> of (he ^upeiifw coiul >h;ill l)e t-Iccted at the general 
 chMtion to be held under tlie provisions of the en;d)ling net approved 
 June *J(). r.MO. Their term of ollice >hall !»(• cotci uiinous with that of 
 the governoi- of the State elected at the same time. Thereafter the 
 tt'iiii of oHiiT of all ju<lges of the supcrioi' eourt shall be four veal's, 
 linm and afler the liist .\b)nday in Janiuiiy next succeeding their 
 election and until their successors are elected and qualify. 
 
 .Ml judges of the superior court shall Ix' elected at the general State 
 ♦•lection l)y the (|iialified 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 pai-tisan or other designation excejit the title of the office. If a 
 \acancy occur in the ollice of judge of (he superior court, the go\ernor 
 shall appoint a jhu'sou to lill llu' \acancy until the election and 
 qiudification of a judge to hold said office, which election shall be at 
 tl,!' next succeeding general election. an<l the judge so elected shall 
 h(»ld office for the remainder of the unexpired term. 
 
 Skc. (). Tiie superio)- court shall have original jurisdiction in all 
 cases of ecjuity and in all cases at law which involve the title to, or 
 (he possession of. real i)roperty, 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 
 tuo hundred dollars, exclusive of interest and costs, and in all 
 criminal cases amounting to felony, and in all cases of misdemeanor 
 iiot otherwise provided for by law, of actions of forcible entry and 
 fletainer, of proceedings in insolvency, of actions to prevent or abate 
 imisance, of all matters of probate, of divorce and for annulment of 
 marriage, and for such special cases and proceedings as are not other- 
 wise provid<'d 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 Dower of naturalization and to issue papers therefor. Said court 
 shall have such apj^ellate jurisdiction in cases arising in justices' and 
 other inferior courts in their respective counties as may be pre- 
 6cril)e<l 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 
 proceedmgs and matters affecting dependent, neglected, incorrigible, 
 or delinquent children, or children accused of crime, under 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 prosecution of such children, 
 and .shnll have the power, in their discretion, to suspend criminal 
 prosecution for any offenses that may have been committed by such 
 children. The powers of said judges to control such children shall be 
 as prescrH)ed 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
 
 COXST[TUTIOX ADOPTED BY ARIZONA. 15 
 
 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 bod}^ of the county at least three times a year. 
 
 Superior coui'ts and their judijes shall liave the power to issue writs 
 of mandamus, quo warranto, review. certi(n-ari, prohibition, and writs 
 of habeas corpus on petition by or on belialf of any person in actual 
 custod}' in theii- respecti\e comities. Injunctions, attachments, and 
 writs of prohibition and of habeas corpus may be issued and served 
 on legal holidays and nonjudicial days, (xrand juries shall be drawn 
 and summoned only by order of the sujjerior court. 
 
 Sec. 7. The judge of any superior court ma}' 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 d<» so. 
 
 Sec. 8. Xny 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 necessitj- 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 justices 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 justices shall 
 have concurrent jurisdiction with the superior court in cases of 
 forcible entry and detainer, where the rental value does not exceed 
 twenty-five dollars per month and where the Avhole amount of dam- 
 age claimed does not exceed two hundred dollars: and provided that 
 justices of the peace may be made police justices of incorporated cities 
 and towns. Prosecution may be instituted 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 maj^ be established by law, but courts 
 of justices of the peace shall not be courts of record. 
 
 The salaries of the judges of the supreme court shall be paid by 
 the State. One-half of the salary of each of the judges of the supe- 
 rior court shall l^e paid by the State, and the other one-half by the 
 county for which he is elected. Until otherwise provided b}^ 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 coun- 
 ties of Coconino. Apache, Xavajo, 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 employment other 
 than a judicial office of employment, during the term for which they 
 shall have been elected.
 
 IQ 00>'STITUT10N ADOPTED BY ARIZONA. 
 
 Sec. l± Ju.i-v- -hall not c-hai're Junes \Yith respect to matters of 
 f:ict nor I'oninieiit iht-rcon. but shall declare the law. 
 
 No judire of a court of record <hall practice law in any court in 
 this State^ilurin-r his continuance in office, 
 
 Skc. 1;5. No perst.n shall be eli^nble for the office of judge of the 
 siiprenu- lourt unless he shall be learned in the law, at least thirty 
 years of age. and shall have been a judg«> of. or admitted to practice 
 before, the highest court of Arizona for at least five years and shall 
 have bi-eii a resident of Ari/oua for five years next preceding his 
 
 election. „ . ^ ,. , 
 
 No person shall be eliL'ible 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 admitted to i)ractice before the highest 
 court" if Arizona for at least two years and shall have been a resident 
 of Arizona for two years next preceding his election. 
 
 .•^Ki . 14. 'l"he judges of the supreme court shall appoint a reporter 
 for the decisions of that court, who shall be removable at their pleas- 
 ure, lie shall receive such annual salary as may be prescribed by 
 law: and the supreme court shall have the power to fix said salary 
 until such salary shall be determined by law. 
 
 Sec. l.'). Every case submitted to the judge of a superior court for 
 liis decision shall be decided within sixty days from the submission 
 thereof: Provided, that if within said period of sixty days a rehear- 
 ing shall have been ordered the period within which he must decide 
 shall couMuence at the time the case is sul)mitted on such rehearing. 
 
 Sec. 10. Provisions for the speedy publication of the opinions of 
 the supreme court sli.ill be made by law, and all opinions shall be free 
 for publication Ity any j)ers()n. 
 
 Si;c. 17. The judges of the sui)reme court shall appoint a clerk of 
 that court, who shall be removable at their pleasure and shall receive 
 i^uch compensation, by salary only, as may be provided by law: and 
 the siii)renie court sliall have iiower 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 electitm of judges of the superior 
 court theref)f. a clerk of the superior court, for a term of four years, 
 who shall have such poAvers and ])erform such duties and receive such 
 compensation, by salary only, as shall be provided by law. Until 
 such salary -hall be fixed by laAv the board of supervisors shall fix 
 such salary. The tei-m of the first clerk elected shall be coterminous 
 with that of the judge of said county. 
 
 Sec. 10. The judges of superior courts ma}' 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 cc»m]H'nsation as may be provided by law. 
 
 Sec. '20. The style of all process shall be " The State of Arizona," 
 and all prosecutions shall be conducted in the name of the State of 
 Arizoiui and by its authority. 
 
 Sec. 21. Every judge of the supreme court and every judge of the 
 f uperior court shall, before entering upon the duties of his office, take 
 and subscriU' an oath that he will support the Constitution of the 
 T'nited States and the constitution of the State of Arizona, and will 
 faithfully and impartially discharge the duties of judge to the best
 
 CONSTITUTION ADOPTED BY ARIZONA. 17 
 
 ^ of his ability, which oath shall be filed in the office 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, practice, 
 and procedure of district and probate courts under laws heretofore 
 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, 
 applj' 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 dis- 
 trict 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 VII. 
 
 SUFFRAGE AND ELECTIONS. 
 
 Sec. 1. All elections by the people shall be b}^ 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 election 
 or for any office that now is. or hereafter may be, elective by the peo- 
 ple or upon any question which may be submitted to a vote of the 
 people, except school elections as provided in section 8 of this article, 
 unless such person be a male citizen of the United States of the age 
 of twenty-one A^ears or over and shall have resided in the State one 
 year immediately preceding such election. 
 
 No person under guardianship, non compos mentis, or insane shall 
 be qualified to vote at any election, nor shall any person convicted 
 of treason or felony be qualified to vote at any election unless 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 almshouse or 
 other asylum at public expense, or while confined 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 attendance at any 
 election, and in going thereto and returning therefrom. 
 
 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 Armj^ or Navy of the 
 United States shall be deemed a resident of this State in consequence 
 of his being stationed at any military or naval place within this State. 
 
 S. Doc. 798, 61-3 2
 
 18 CONSTITUTION ADOPTED BY ARIZONA. 
 
 Skc. 7. Ill all ehctioiis held by the pe()j)lo in this State the person 
 «n- pel-sons ieeei\iii<r the hi^diest nuiiilK'r of legal votes shall be 
 deelaretl elected. 
 
 Sec. «. Qualifications for voters at school elections shall be as are 
 now, or as iiiay hereafter be, provided by law, 
 
 ,Skc. [). For the piirj)ose of obtaining an advisory vote of the people, 
 the legfislature shall provide for placing the names of candidates for 
 United States Senator on the ofHcial ballot at the general election 
 next prereding the election of a United States Senator. 
 
 Skc. 10. The legislature siiall enact a direct primary election law, 
 which shall provide for the nomination of candidates for all elective. 
 State, county, and city offices, including candidates foi- Ignited States 
 Senator and for Kepresentative in C'ongress. 
 
 Skc. 11. There shall be a general election of Representatives in 
 Congress and of State, county, and precinct officers on the first 
 Tue.sday after the first ^Monday in November of the first even num- 
 bered 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 se- 
 cure the purity of elections and guard against abuses of ^he elective 
 franchise. 
 
 Skc. 13. Questions upon bond issues or special assessments shall 
 be submitted to the vote of propertj^ taxpayers, who shall also, in 
 all respects, be qualified electors of the State and of the apolitical 
 subdivision thereof affected by such question. 
 
 Skc. 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. 
 
 Skc. 1~). Ever}^ male person elected or appointed to any office of 
 trust or profit under the authority of the State or of any political 
 division of the State, or any male deputy of such officer, shall be a 
 (jualified 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 provid- 
 ing for general publicity, before and after election, of all campaign 
 contributions to and expenditures of campaign committees and can- 
 didates for public office. 
 
 Article VIII. 
 
 removal from office. 
 
 1. Recall of public 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 arc elected to such office. Such electoral district 
 may include the whole State. Such number of said electors 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. P2very recall petition must contain a general statement in 
 not more than two hundred words of the grounds of such demand, and
 
 CONSTITUTION ADOPTED BY ARIZONA. 19 
 
 must be filed in the office in which petitions for nominations 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 (hite 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 days after a recall petition is filed, a 
 special election shall be ordered to be held, not less than twenty nor 
 more than thirty days after such order, to determine whether such 
 officer shall be recalled. On the ballots at said election shall be 
 printed the reasons, as set forth in the petition, for demanding his 
 recall, and, in not more than two hundred words, the officer's ]usti- 
 fication of his course in office. He shall continue to perform the 
 duties of his office until the result of said election shall have been 
 officially declared. 
 
 Sec. 4. Unless he otherwise request, in writing, his name shall be 
 placed as a candidate on the official ballot without nomination. Other 
 candidates for the office may be nominated to be voted for at said 
 election. The candidate who shall receive the highest number 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 declared, the said office shall 
 be vacant, and may be filled as provided by law. 
 
 Sec. 5. No recall petition shall be circulated against any officer 
 until he shall have held his office for a period of six months, except 
 that it may be filed against a member of the legislature at any time 
 after five daj'S from the beginning of the first session after his elec- 
 tion. 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 petition 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 provision for 
 payment by the public treasury of the reasonable special election 
 campaign expenses of such officer. 
 
 2. [rnpeachnient. 
 
 Sec. 1. The house of representatives shall have the sole power of 
 impeachment. The concurrence of a majority of all the members 
 shall be necessary to an impeachment. All impeachments shall be 
 tried by the senate and, when sitting for that purpose, the senators 
 shall be upon oath or affirmation to do justice according to law and 
 evidence, and shall be presided over by the chief justice of the su- 
 preme court. Should the chief justice be on trial, or otherwise dis-
 
 20 CONSTITUTION ADOPTED BY ARIZONA. 
 
 quiilihetl. the senate shall elect a judge of the supreme court to 
 preside. 
 
 Sec. 2. No person shall be convicted without a concurrence of two- 
 tliii-ds of the senators elected. The governor and other State and 
 judicial oflicers, except justices of courts not of record, shall be liable 
 to inij)eachnient for high crimes, misdemeanors, or malfeasance in 
 (•Hice, but judgment in such cases shall extend only to removal from 
 ollicc and disqualification to hold any office of honor, trust, or profit 
 in the State. The party, whether convicted or acquitted, shall, 
 nevertheless, be liable to trial and punishment according to law. 
 
 Airiicij': TX. 
 
 I'lBLIC DEBT. KEVENUE, AND TAXATION. 
 
 Se' . i. The power of taxation shall never be surrendered, sus- 
 pended, or contracted awa}'. 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 purposes 
 oidy. 
 
 Sec 2. There shall be exempted from taxation all Federal, State, 
 county, and numicipal property. Property of educational, char- 
 itable, 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 exceed two thou- 
 sand dollars. All [iroperty in the State not exempt under the laws 
 of the Ignited States or under this constitution, or exempted by law 
 under the provisions of this section, shall be subject to taxation to be 
 ascertained as pro>ided by law. 
 
 Sec. 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 pur- 
 pose 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 jirincipal 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 ordy it shall be applied. 
 
 All taxes levied and collected for State purposes shall be paid into 
 the State treasury in money onl}'. 
 
 Sec. 4. 'I'he fiscal year shall commence on the first day of July in 
 each year. An accurate statement of the receipts and expenditures of 
 the i)iiblic money shall be published annually, in such manner 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 ensiling fiscal year sufficient, with other sources of income, to 
 pay the deficiency, as well as the estimated expenses of the ensuing 
 fi.scal year.
 
 CONSTITUTION ADOPTED BV ARIZONA. 21 
 
 Sec. 5. The State ma}- contract debts to supply the casual deficits 
 or failures in revenues, or to meet expenses not otherwise provided 
 for; but the aggregate amount of such debts, direct and contingent, 
 whether contracted by virtue of one or more laws, or at 'different 
 periods of time, shall never exceed the sum of three hundred 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 
 lepay 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 insurrei'lion. or defend 
 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 author- 
 ized or to the repayment of the debt thereby created. Xo money 
 shall be paid out of the State treasury except in the manner pro- 
 vided by law. • 
 
 Sec. 6. Incorporated cities, towns, and villages may be vested by 
 law with power to make local improvements by special assessments, 
 or by special taxation of property benefited. For all corporate pur- 
 poses all municipal corporations may be vested with authority to 
 assess and collect taxes. 
 
 Sec. 7. Neither the State, nor any county, city. town, nuniicipality, 
 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, except 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 municipal 
 corporation shall for any purpose become indebted in any manner 
 to an amount exceeding four per centum of the taxable property in 
 such county, city, town, school district, or other municipal corpora- 
 tion, without the assent of a majority of the property taxpayers, 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 incurring such indebted- 
 ness; except that in incorporated cities and towns assessments shall 
 be taken from the last assessment for city or town purposes; pro- 
 vided, 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 supplying 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 revicAvs 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 priv^ite or sectarian school, or any 
 public-service corporation.
 
 02 rON'STITUTION ADOPTED BY ARIZONA. 
 
 Sec 11 There sliall l.e a State boaid of eqnnlization, Avhich until 
 • ■ * , ,vi,|..,l l.v law. chilli consist of the diaiimeu of the boards 
 IS in the various counties of the State; and the State 
 audi'lor ' who shall he ex officio chaii-nuin thereof; and thiei-e shall also 
 tH. in each countv of the State a connty board of equalization consist- 
 in.^ of the honrd'of supervisors of said county. Ihe duty of the State 
 I,. ~n! .,f ecMiali/ation shall be to adjust and equalize the valuation ot 
 d and iHM-soiial propertv amon<? the several counties ot the 
 .stale The duty of the cdiintv boards of equalization shall be to 
 'i.ljiisi and equalize the valuation of real and personal property within 
 their respective counties. Each board shall also perform such other 
 duties a.s may be prescribed by law. 
 
 Skc. 12. The law-uiakinir i)Ower shall have authority to provide 
 for the levy and collection' of license, franchise, gross revenue, excise, 
 inronie. collateral and direct inheritance, legacy, and succession 
 taxes, also graduated income taxes, graduated collateral and direct 
 inheritanre taxes, graduated legacy and succession taxes, stamp, 
 registration, ])roduction, or other specific taxes. 
 
 Article X. 
 
 STATE AND SCHOOL LANDS. 
 
 Skc. 1. All lands expressly transferred and confirmed to the State 
 by the provisions of the enabling act approved June 20, 1910, includ- 
 ing all lands granted to the State and all lands heretofore granted 
 to'the Territorv of Arizona, and all lands otherwise acquired by the 
 State, siiall be by the State accepted and held in trust to be disposed 
 of in whvle 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 res|)ective granting and confirmatory provisions. The natural 
 products and money proceeds of any of said lands shall be subject to 
 the .same trusts as the lands producing the same. 
 
 Skc. 2. Disposition of any of said lands, or of any money or thing 
 of value directly or indirectly derived therefrom, for any object other 
 than that f(ir which such particular lands (or the lands from which 
 ."uch money or thing of value shall have been derived) were granted 
 or confiniied. oi- in any manner contrary to the provisions of the said 
 enabling act. shall be dcrmed a breach of trust. 
 
 Skc. .'{. No niurtgage or other incumbrance of the said lands, or 
 any then'of. shall be valid in favor of any person or for any purpose 
 or under any circumstances whatsoever. Said lands shall not be sold 
 or Iease<l, in whole or in i)art, except to the highest and best bidder at 
 f. public auction to be lield at the county seat of the county wherein 
 the lands to 1h' alft'cted, or the major portion thereof, shall lie, notice 
 <»f which |)ublic auction shall first have been duly given by advertise- 
 ment, which shall s<'t forth the nature, time, and place of the trans- 
 action to Ik* had with a full description of the lands to be offered, and 
 ho published once each week for not less than ten successive weeks in 
 a newspaper of general circulation ])ublished regularly at the State 
 capital, and in that newspajier of like circulation wdiich shall then be 
 regidarly published nearest to the location of such lands so offered; 
 nor shall any sale or ccmtract for the sale of any timber or other nat- 
 ural produi't of such lands be made, save at the place, in the manner,
 
 CONSTITUTION ADOPTED BY ARIZONA, 23 
 
 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 cf five years or les=;. without said advertisement herein re- 
 quired. 
 
 Sec. 4. All lands, leaseholds, timber, and other products of land, 
 before being offered, shall be appraised at their true value, and no 
 sale or other disposal tliereof shall be made for a consideration less 
 than the value so ascertained, nor in any case less than the minimum 
 price hereinafter fixed, nor upon credit unless accompanied 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 Government 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 hydroelectric 
 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- 
 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 monej^s shall ever 
 he 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 in- 
 vested 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 conditioned for the 
 faithful performance of his duties in regard thereto. 
 
 Sec. 8. Every sale, lease, conveyance, or contract of or concerning 
 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 provisions 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, includ-
 
 24 Lu^^llTUTION ADOPTED BY ARIZONA. 
 
 iuir ill lands ^'ranted to the State and all lands heretofore granted 
 to the Territory of Arizona and all lands otherwise acquired by the 
 Stat.> may be sold or leased bv the State in the manner and on the 
 i-ondition-s and with the limitations prescril)ed by the said enabling 
 I, I and this constitution and as may be further prescribed by law; 
 provided, that the legislature shall provide for the separate ap- 
 iient of the lands and of the improvements on school and uni- 
 \ . lands which iiave been held under lease prior to the adoption 
 
 of this constitution and for reimbursement to the actual bona fide resi- 
 dents or lessees of such lands upon which such improvements are 
 situated as prescribed by Title G5, Civil Code of Arizona. 1901, and 
 in such cases only as permit reimbursements 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 live vears. and shall further provide by said laws for the pro- 
 tection of the actual bona fide residents and lessees of said lands 
 whereby such residents and lessees shall l3e protected in their rights 
 to their iiniu'ovements, including water rights, in such manner 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 i)ona fide residents and lessees shall have preference to re- 
 newal of their leases at a reassessed rental fixed as provided by law. 
 Sec. U. 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 XI. 
 
 EDUCATION. 
 
 Skc. 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 schools, com- 
 mon schools, high schools, normal schools, industrial schools, and a 
 university (which shall include an agricultural college, a school of 
 mines, and such other technical schools as may be essential, until 
 such time as it may be deemed advisable to establish separate State 
 institutions of such character). The legislature shall also enact such 
 laws ns 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 superin- 
 tendent of juiblic instruction, county school superintendents, and such 
 governing l)oards for the State institutions as may be provided by 
 law. 
 
 Skc. ?,. The State board of education shall be composed of the 
 following members: The governor, the superintendent of public in- 
 •strnction. the president of the university, and principals of the State 
 nornuil schools as ex officio members, and a city superintendent of 
 whools, a i)rinripal of a liigh school, and a county superintendent of 
 schools, tf) be apj^ointcd Ijy the governor. The* powers and duties 
 of the board shall be such as may be prescribed by law. The mem-
 
 CONSTITUTION ADOPTED BY ARIZONA. 25 
 
 bers 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 
 officio a member of any other board having control of public instruc- 
 tion in any Stafe institution. His powers and duties shall be pre- 
 scribed 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. T. 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 construed 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 unclaimed shares and dividends of any 
 corporation incorporated under the laws of Arizona ; and from all 
 gifts, devises, or bequests made to the State for general educational 
 purposes. 
 
 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 annu- 
 ally 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 legis- 
 lative 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.
 
 26 CONSTITLTION ADOPTED BY ARIZONA. 
 
 as shall iiiMiiv ilie proper maintenance of all State educational insti- 
 tutions and shall make such special appropriations as shall provide 
 fi.r their develoi>ment and improvement. 
 
 Artki-k XII. 
 
 C'OI'NTIES. 
 
 Sec. 1. Had) county of the State, now or hereafter organized, shall 
 be a hodv juditic and corporate. 
 
 Sk< . •/. 'I'he several counties of the Territory of Arizona as fixed 
 hy statute at tlu- time of the adoption of this constitution are hereby 
 declared to be the counties of the State until changed by law. 
 
 Skc. '^. Subject to change by hiAv. there are hereby created in and 
 for each organized county of the Stale the following officers, who 
 shall be elected by the qlialified electors thereof: Sheriff, recorder, 
 trea.surer. school suixn-intendent. county attorney, assessor, 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 Mon- 
 day in January. U)\'^; and three supervisors, whose term of office 
 shall be provided by law, except that at the first election for county 
 officers till' <-an(lidate for supervisor 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 
 highe-t number of votes shall hold office until the first Monday in 
 January, 11*13. 
 
 Sec. 4. The duties, powers, and qualifications of such officers shall 
 be as pre.scribed by law. The board of supervisors of each count}^ is 
 hereby empowered to fix salaries for all count}' and precinct officers 
 within siirli comity for whom no compensation is provided by law, 
 and tlie salaries so fixed shall remain in full force and effect until 
 changed by general law. 
 
 Article XIII. 
 
 MUNICIPAL CORPORATIONS. 
 
 Sec. 1. Municipal corporations shall not be created by special laws, 
 but the legislatm-e, by general laws, shall provide for the incorpora- 
 tion and organization of cities and towns and for the classification of 
 such cities and towns in proportion to population, subject to the 
 provisions of this article. 
 
 Sec. 2. Any city containing, now or hereafter, a population of 
 more than three th(msand five hundred may frame a charter for its 
 own govermnent consistent with and subject to the constitution and 
 the laws of the State in the following manner: A board of freehold- 
 ers composed of fourteen qualified electors of said city may be elected 
 at large by the qualified electors thereof at a general or special elec-- 
 tion. whose duty it shall be within ninety days after such election to 
 prepare and propose a charter for such city. Such proposed charter 
 phail be signed in dujdicate by the members of such board, or a 
 majority of them, and filer!, one copy of said proposed charter with
 
 CONSTITUTION ADOPTED BY ARIZONA. 27 
 
 the cliiel' executive officer of such city and the other with the county 
 recorder of the county in which said city shall be situated. Such 
 jjroposed charter shall then be published in one or more newspapers 
 published and of general circulation 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 completion of the proposed charter. Within 
 thirty days, and not earlier than twenty days, after suclrpublication 
 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 governer for his ap- 
 proval, and the governor shall approve it if it shall not be in con- 
 flict with this constitution or with the laws of the State. Upon such 
 approval said charter shall become the organic law of such city and 
 supersede an}^ 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 certified 
 and authenticated setting forth the submission of such charter to 
 the electors and its ratification by them, shall, after the approval 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 proposed 
 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 l>e called by the chief executive officer of any such city within 
 ten days after there shall have been filed with him a petition demand- 
 ing such election, signed by a number of qualified electors residing 
 Avithin 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 lield not later than thirty days after the call there- 
 for. At such election a vote shall be taken upon the question wdiether 
 further proceedings toward adopting a charter shall be had in pur- 
 suance to the call, and unless a majority of the qualified electors vot- 
 ing 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 qualified 
 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
 
 28 CONSTITUTION ADOPTED liV ARIZONA. 
 
 franchise shall be ujranted, extended, or renewed for a longer time 
 than twenty-five years. 
 
 Sec. 5. Kvery nainit-ipal corporation within this State shall have 
 the rijjht to i'nj,'ajj:o in any business or enterprise which may be en- 
 pageil in by a perst)n, firm, or corporation by virtue of a franchise 
 from said municipal corporation. 
 
 Ski-. ♦>. No nrpaut, 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 surrendered; and no 
 exclusive franchise shall ever be granted. 
 
 Article XIV. 
 
 CORI'OKATIUNS UTllKi; THAN MLMCll'AL. 
 
 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 i)ossessed In' individuals 
 or copartnerships, and all corporations shall have the right to sue 
 and shall he subject to be sued in all courts in like cases as natural 
 persons. 
 
 Skc. 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 corporations doing 
 business in this State may, as to such business, be regulated, limited, 
 and restrained by law. 
 
 Sec. 3. All existing charters under which a bona fide organization 
 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 oriranized. 
 
 Sec. 5. No corporation organized outside of the limits of this 
 State shall Idc allowed to transact business within this State on more 
 favorable conditions than are ]irescribed by law for similar corpora- 
 tions organized under the laws of this State: and no foreign cor- 
 poration shall be permitted to transact business within this State 
 unless said forei<_ni corporation is by the laws of the country. State, 
 or Territory under which it is foiiued ]iei-mitted to transact a like 
 business in such country. State, or Territory. 
 
 Sec. C). No <-or|)oration shall issue stock, except to bona fide sub- 
 scriber therefor ni- their assignees; nor shall any corporation issue 
 any bo?i(l, or other obligation, for th<> ]):iynient of money, except for 
 money or property received or for labor done. The stock of corpora- 
 tions shall not be increased, except in pursuance of a general law. nor 
 shall any law authorize the increase of stock of any corporation with- 
 out the con-eiit of the jxM'soii or ])ersons holding 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.
 
 CONSTITUTION ADOPTED BY ARIZONA. 29 
 
 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 Iq 
 the operation, use, or enjoyment of such franchise or of any of its 
 privileges. 
 
 Sec. 8. No domestic or foreign corporation shall do any business 
 in this State Avithout having filed its articles of incorporation or a 
 certified copy thereof with the corporation commission, and without 
 having one or more knoAvn 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 corporation in the cotmty where 
 an agent 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 subject- 
 ing them to public use the same as the property of individuals. 
 
 Sec. 10. In all elections for directors or managers of any corpora- 
 tion each shareholder shall have the right to cast as many votes in 
 the aggregate as he shall be entitled to vote in said company under 
 its charter multiplied by the number of directors or managers to be 
 elected at such election; and each shareholder may cast the w^hole 
 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 circumstances 
 shall be individually responsible for such deposits. 
 
 Sec. 13. No persons acting as a corporation under the laws of Ari- 
 zona 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 against 
 them as a corporation, nor shall any person or persons who may be 
 sued on a contract now or hereafter made with such corporation, or 
 sued for any injury now or hereafter done to its property, 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 corporations than 
 those herein contained. 
 
 Sec. 15. Monopolies and trusts shall never be allowed in this State, 
 and no incorporated company, copartnership, or association of per- 
 sons 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 copartnership or association of persons, or in"
 
 30 CONSTITl'TION ADOl>TED BY AKIZONA. 
 
 any luaniier \vluite\rr lo lix ilic |jiiii's, limit ilie iinuluotioii. or regu- 
 late the transportation of any nrodiict or coniniotlity. The legisla- 
 ture shall enact laws for the enToroement of tliis section by adequate 
 penalties, and in the case of incorporated coni|)anics, if necessary for 
 that purpose, may. as a pi'iialty. declar<' a forfeiture of their fran- 
 chises. 
 
 Skc. ir.. The reconls, hooks, and files of all i)uhlic-service corpora- 
 tions. State hanks, building and loan associations, trust, insurance, 
 and guaranty companies shall be at all times liable and subject to the 
 fidl visitorial and inquisitorial powers of the State, notwithstanding 
 the immunities and privileges secured in the declaration of rights of 
 this constitution to persons, inhabitants, and citizens of this State. 
 
 Skc. 17. Provision shall be made by law for the payment of a fee 
 to the State by every domestic cori)oration upon the gi"ant, amend- 
 ment, or extension of its charter, and by every foreign corporation 
 upon its obtaining a license to do business in this State; and also for 
 the payment by every domestic corporation and foreign corporation 
 doing business in this State of an annual registration fee of not less 
 than t<Mi dollars, which fee sliall be paid irresjiective of any specific 
 license or other tax inq)osed by law upon such company for the privi- 
 lege 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 report to the corporation commission of the 
 status, business, or condition of such corporation as may be pre- 
 scribed by law. No foreign corporation shall have authority to do 
 business in this State until it shall have obtained from the corpora- 
 tion commission a license to do business in the State upon such terms 
 as may be prescribed by law. The legislature may relieve any purely 
 charitable, 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 
 official action. 
 
 Sec. 10. Suitable penalties shall be prescribed by law for the viola- 
 tion of any of the provisions of this article. 
 
 Article XV. 
 
 THE CORPORATION COMMISSION. 
 
 Sec. 1. A corporation commission is hereby created to be composed 
 of three persons, who shall l)e elected at the general election to be held 
 under the provisions of the enabling act approved June 20, 1910, and 
 whose term of office shall be coterminous with that of the governor of 
 the State elected at the same time, and mIio shall maintain their chief 
 office and reside at the State capital. At the first general State elec- 
 tion held under this con.stitution at which a governor is voted for 
 three coiumissioners shall be elected who shall, from and after the 
 first >ronday 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
 
 CONSTITUTION ADOPTED BY ARIZONA. 31 
 
 four years, and the one receivinfr the third highest numl)er 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 commissioner shall be 
 elected at a general election as provided by law and shall qualify. 
 The qualifications of commissioners may be prescribed by law. 
 
 Sec. 2. Ail 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 coi'porations 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 corporations in trans- 
 acting such business, and make and enforce reasonable rules, regula- 
 tions, and orders for the convenience, comfort, and safely, and the 
 preservation of the health, of the employees and patrons of such cor- 
 porations; provided, that incorporated cities and towns may be 
 authorized by law to exercise supervision over public-service corpora- 
 tions doing business therein, including the regulation of rates and 
 charges to be made and collected by such corporations ; provided fur- 
 ther, that classifications, rates, charges, rules, regidations, orders, 
 and forms or systems prescribed or made by said corporation com- 
 mission 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 affairs of any corporation who^e 
 stock shall be offered for sale to the public, and of any public-service 
 corporation doing business within the State, and for 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 
 Avitnesses and the production of evidence by subpoena, attachment, 
 and punishment, which said power shall extend throughout the State. 
 Said commission shall have power to take testimony under commis- 
 sion 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, and 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 extend 
 the duties of the corporation commission, and may prescribe rules 
 and regulations to govern proceedings instituted by and before it; 
 but, until such rules and regulations are provided by law, the com- 
 mission may make rules and regulations to govern such proceedings.
 
 32 CONSTITUTION AD0PTF:D by ARIZONA, 
 
 Skc. 7. Kvt'i-y piiltlic-.-^'rvicc cci-jKn-aticm (tr^'ani/od or authorized 
 under the hiwsof tiie Slate to do any transporlalion or transmission 
 hiisiness within the State shall have the rijjfht to construct and operate 
 lines connecting any points within the State and to connect at the 
 State houndaries w'itli like lines; and every such corporation shall 
 have tlie riirhl with any «>1" its lines to cross, intersect, or connect with 
 any lines of any other puhlu-service corporation. 
 
 ii>KC. 8. Every j)ul)lic-service corporation doing a transportation 
 business within' the State -hall receive and transi)ort. without delay 
 or discriiuinati<>n, cars loaded oi euijity. [)roperty, 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 l)y the corporation commission or by 
 law. 
 
 Sec. {). Every public-service corporation engaged in the business 
 of transmitting messages for profit shall receive and transmit, with- 
 out delay or discrimination, an}- 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 commission 
 or by law: Provided, That such public-service corporations shall de- 
 liver messages to other such corporations, without delaj' or discrimi- 
 nation, under such rules and regulations as shall be prescribed by the 
 corjjoration 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 ixMsonal property, and its real and personal pro])erty and 
 every pait thereof shall be liable to attachment, execution, and sale 
 in the same manner as the property of individuals; and the law- 
 making power shall enact no laws exempting any such property from 
 attachuient, execution, or sale. 
 
 Skc. \± All charges made for service rendered, or to be rendered, 
 by public-service corporations within this State shall be just and 
 reasonable, and no discrimination in charges, service, or facilities 
 shall be made between persons or places for rendering a like and 
 contemporaneous service, except that the granting of free or reduced- 
 rate trans|)ortation may lx> authorized by law, or by the corporation 
 commission, to the classes of p«'rsons described in the act of Con- 
 gress anproved February 11. 1887. entitled *'An act to regulate com- 
 merce,' and the amendments thereto, as those to whom free or re- 
 duced-rale I raiispoitation may be granted. 
 
 Skc. i:'i. All public-service corporations and corporations whose 
 stock shall be oH'ered for sale to the public shall make such reports to 
 the corporation commission, under oath, and provide such infonna-
 
 CONSTITUTION ADOPTED BY ABIZONA. 33 
 
 tion 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 property within 
 the State of every public-service corporation doing business 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 commission 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 j^ear, together with his 
 actual necessary expenses when away from home in the discharge 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. 
 
 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 maj^ 
 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 militarv 
 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 national 
 guard shall conform as nearly as shall be practicable to the regula- 
 tions for the government of the armies of the United States. 
 
 S. Doc. 798, 61-3 3
 
 34 CONSTITUTION ADOPTED BY ARIZONA. 
 
 Article XVII. 
 
 WATER RIGHTS, 
 
 Sec. 1. The common law doctrine of riparian water rights shall 
 not obtain or be of any force or ell'ect 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 X^'ITI. 
 
 LABOR. 
 
 Sec. 1. Eight hours, and no more, shall constitute a lawful day's 
 work in all employment b}' or on behalf of the State or any political 
 subdivision of the State. The legislature shall enact such laws as 
 may be necessary to put this provision into effect and shall prescribe 
 proper penalties for an}- violations of said laws. 
 
 Sec. 2. No child under the age of fourteen years shall be employed 
 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 employed under- 
 ground in mines, or in any occupation injurious to health or morals 
 or hazardous to life or limb, nor in any occupation at night or for 
 more than eight hours in an}^ day. 
 
 Sec. 3. It shall be unlawful for any person, ccmipany, association, 
 or corporation to require of its servants or employees as a condition 
 of their employment, or otherwise, any contract or agreement 
 whereb}'^ such person, company, association, or corporation shall be 
 released or discharged from liability or responsibility on account of 
 personal injuries which may be received bj^ such servants or em- 
 ployees while in the service or employment of such person, company, 
 association, or corporation by reason of the negligence of such per- 
 son, company, association, corporation, or the agents or emplo3^ees 
 thereof; and au}'^ 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 resulting 
 from the acts or omissions of any other servant or servants of the 
 common master, is forever abrogated. 
 
 Sec. 5. The defense of contributory negligence or of assumption 
 of risk shall, in all cases whatsoever, be a question of fact and shall, 
 at all times, be left to the jury. 
 
 Sec. 0. 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 occu- 
 pations, in mining, smelting, manufacturing, railroad or street rail- 
 way transportation, or any other industry the legislature shall enact 
 an employer's liability law, b}' the terms of which any employer, 
 whether individual, association, or corporation, shall be liable for the 
 death or injury, caused by any accident due to a condition or condi-
 
 CONSTITUTION ADOPTED BY ARIZONA. 35 
 
 tions of such occupation, of any employee in tlie service of such em- 
 ployer in such hazardous occupation, in all cases in which such death 
 or injury of such employee shall not have been caused by the negli- 
 gence of the employee killed or injured. 
 
 Sec. 8. The legislature shall enact a worlanen's compulsory com- 
 pensation law applicable to workmen engaged in manual or mechan- 
 ical labor in such employments as the le<5islature may determine to 
 be especially dangerous, by which compulsory compensation shall be 
 required to be paid to any such workman by his employer, 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 employ- 
 ment is caused in whole, or in part, or is contributed to, by a neces- 
 sary risk or danger of such emploj'ment, 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 anj^ law affecting 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 pro- 
 vided by this constitution. 
 
 Sec. 9. The exchange, solicitation, 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 em- 
 ployed upon or in connection with anj' State, county, or municipal 
 works or emplo^'ment : Provided. That nothing herein shall be con- 
 strued to prevent the working of prisoners by the State, or by any 
 municipality thereof, on street or road work or other public work. 
 The legislature shall enact laws for the enforcement and shall pro- 
 vide for the punishment of any violation of this section. 
 
 ! 
 
 Article XIX. 
 
 MINES. 
 
 The office of mine inspector is hereby established. The legislature, 
 at its first session, shall enact laws so regulating the operation 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 senate, shall forth- 
 with appoint a mine inspector, who shall serve until his successor 
 shall have been elected, at the first general election 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
 
 36 CoNtiTlTL'TlON ADOPTED BV ARIZONA. 
 
 ever Lh' inok'.stetl in ptTSdii ur property on afconnt of his or lior mode 
 of reli<rious wor-ship or luck of the suiue. 
 
 St'conil. Polygamous or plural marriages or polygamous cohabi- 
 tation are forever prohibited within this State. 
 
 Third. The sale, barter, or giving of intoxicating liquors to In- 
 dians and the iniroduction of licjuors into Indian country are forever 
 prohibited within this State. 
 
 Fourth. The peo|)le inhabiting this State do agree and declare 
 they 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 anj^ In- 
 dian or Indian tribes, the right oi' 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 
 Congress 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 sliall 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. Tho 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 bj^ the State of Arizona, and the State of 
 Arizona shall, as to all such debts and liabilities, be subrogated to 
 all the rights, including rights of indemnity and reimbursement, ex- 
 isting 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, municipal, or other 
 bonds, obligations, or evidences of indebtedness of said Territory or 
 the counties oi- nninicipalities thereof which now are or may be in- 
 valid or illef^al at the time the said State of Arizona is admitted as a 
 State, and tlu; legislature or the people of the State of Arizona shall 
 never pass any law in any manner validating 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 
 light of sutfrage on account of race, color, or previous condition of 
 servitude.
 
 CONSTITUTION ADOPTED BY ARIZONA. 37 
 
 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 l)e 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 Unite<l 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 ajDpropriating 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 Territory. 
 
 Eleventh. ^ATienever 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 intro- 
 duction 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 confirmations 
 are made, and the means and manner of enforcing such terms and 
 conditions, all in every respect and particular as in the aforesaid en- 
 abling act provided. 
 
 Thirteenth. This ordinance is hereby made a part of the consti- 
 tution of the State of Arizona, and no future constitutional amend- 
 ment shall be made which in any manner changes or abrogates this 
 ordinance in whole or in part without the consent of Congress. 
 
 Article XXL 
 
 MODE OF AMENDING. 
 
 Sec. 1. Any amendment or amendments to this constitution may 
 be proposed in either house of the legislature, or b}^ initiative peti- 
 tion signed by a number of qualified electors equal to fifteen per 
 centum of the' total number of votes for all candidates for governor 
 at the last preceding general election. 
 
 Any })roposed amendment or amendments which shall be intro- 
 duced in either house of the legislature, and which shall be approved 
 by a majority of the members elected to each of the two houses, shall 
 be entered oii the journal of each liouse. together with the ayes and 
 navs 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 
 cf electors equal to fifteen per centum of the total number of votes 
 
 448774
 
 38 CONSTITUTION ADOPTED BY ARIZONA. 
 
 for all caiulidutes for gcvornor in the hist procedino: general election, 
 the secretary of slate shall submit such proj^osed aniendinent or 
 amendments to the vote of the peo])le at the next <>;eneral election 
 (except when the le<jislaturc shall call a special election for the pur- 
 pose of havin<r said proposed amendment or amendments voteil upon, 
 in which case the secretary of slate shall submit such i)roposed amend- 
 ment or ameiubnenls to the qualified electors at said sj^ecial election), 
 and if a majority of the ([ualified electors votinjj^ thereon shall ap- 
 l)ro\e and ratify such proposed amendment or amendments in said 
 rvufular or special election such amendment or amendments shall be- 
 come a part of this constitution. Until a method of publicity is other- 
 wise provided by law the secretary of state shall have such proposed 
 ;.mendment or amendments ])ublished for a ]-)eriod of at least ninety 
 days pre\ ious to the dale 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 ma}' be prescribed by law. If more than one pro- 
 jiosed 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 ])ropose 
 alterations, revisions, or amendments to tliis constitution, or to pro- 
 pose a new constitution, unless laws providing for such convention 
 shall first be approved by the people on a referendum vote at a regu- 
 lar or special election, and any amendments, alterations, revisions, or 
 new constitution proposed by such con\ention shall be submitted to 
 the electors of the State at a general or special election and be ap- 
 proved by the majority of the electors \oting thereon before the 
 same shall become effective. 
 
 Article XX IT. 
 
 SCHEDULE AND MISCELLANEOUS. 
 
 Sec. 1. No rights, actions, suits, proceedings, contracts, claims, or 
 demands, existing at the time of the admission of this State into the 
 T'nion. shall be affected by a change in the form of goxernment. from 
 Territorial to State, but all shall continue as if no change had taken 
 place: and all pi-ocess which may have been issued under the author- 
 ity of the Territory of Arizona, previous to its admission into the 
 T^nion, shall be as valid as if issued in the name of the State. 
 
 Sec. 2. All laws of the Territoi'V of Arizona now in force, not 
 repugnant lo this constitution, shall remain in force as laws of the 
 State of Arizona until they expire by their own limitations or are 
 altered or r(>jv^aled by law: T*rovid(Hl. Thai wherever the word Ter- 
 ritory, nicaning the Territory of Arizona, ap|)ears in said laws, the 
 word State shall be substituted. 
 
 Sec. 3. All debts, fines, penalties, and forfeitures which have ac- 
 crued, or may hereafter accrue, to the Territory of Arizona shall inure 
 to the Stale of Aiizona. 
 
 Sec. 4. All recognizances heretofore taken, or which may be taken 
 before tlie change from a Territorial to a State government, shall 
 remain valid and shall pass to and may be prosecuted in the name of 
 the Stale, and all bonds executed to tlie Terrilorv of Arizona, or to
 
 CONSTITUTION ADOPTED BY ARIZONA. 39 
 
 any county or municipal corporation, or to any officer or court, in 
 his or its official capacity, shall pass to the State authorities 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 clainis, demands, or debts of whatever description 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 Territorial 
 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 Arizona 
 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 authoritv. of the State of Arizona, 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 ma}' 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 transferred 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 such 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 commence- 
 ment 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 i^ending in such 
 district and belonging to the jurisdiction of said superior court, to- 
 gether with a transcript or transcripts of so much of the record of 
 said district court as shall relate to the same; and until the district 
 courts of the Territory shall be superseded in manner aforesaid, 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 su^^erior 
 courts' in their respective counties, are organized, the books, records.
 
 40 CONSTITUTION ADOPTED BY ARIZONA. 
 
 papers, and proceedings of the probate court in each county, and all 
 causes and matters of administration pending therein, shall ])ass into 
 the jurisdiction and possession of the superior court of the same 
 county created In this constitution, and the said court shall i)roceed 
 to final judgment or decree, order, or other determimition in the sev- 
 eral matters and causes with like effect as the probate court might 
 have done if this constitution liad not l>oen adoj^ted. 
 
 Sec. *.K "Whenever a quorum of tlie 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 jurisdiction of the United States courts, had such courts 
 existed at the time of the commencement of such causes, and the 
 papers, records, and j^roceedings of said court, and the seal and other 
 property pertaining thereto, shall pass into the jurisdiction and pos- 
 session of the suprem.e court of the State, and until so superseded 
 the supreme court of the Territory, and the judges thereof, shall con- 
 tinue with like ])owers and jurisdiction as if this constitution had 
 not been adopted or the State admitted into the Union; and all 
 causes pending in the supreme court of the Territory at said time, 
 and which said causes would have been within the exclusive jurisdic- 
 tion 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 relating thereto shall pass into the juris- 
 diction of the United States courts, all as in the enabling act ap- 
 proved June 20. 1010. provided. 
 
 Sec. 10. Until otlierwise provided b}'^ law the seal now in use in 
 the supreme court of the Territory shall be the seal of the supreme 
 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," sur- 
 rounding 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 the State, until otherwise pro- 
 vided 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 T'nited States shall issue his 
 proclamation declaring the State of Arizona admitted into the Union. 
 
 Sec. 12. One Kepresentative 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 (>nabling act. approved June 
 20, 11>]0. and thereafter at such times and in such manner as may be 
 prescribe^l by law. 
 
 Sec. 13. The term of office of every officer to be elected or appointed 
 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 under 
 this constitution may be enacted by the people under the initiative. 
 Any law which may not be enacted by the legislature under tlii- con- 
 stitution shall noL be enacted by the people.
 
 CONSTITUTION ADOPTED BY ARIZONA. 41 
 
 Sec. 15. Reformator}' and penal institutions and institutions for the 
 benefit of the insane, blind, deaf, and uuite. and such other institu- 
 tions as the public good may require, shall be established and sup- 
 ported 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 section of 
 any jail or prison in which adult ])ris()ners are confined. Suitable 
 quarters shall be prepared for the confinement of such minors. 
 
 Sec. 17. All State and county officers (except notaries public) and 
 all justices of the peace and constables, whose precinct includes a city 
 or town, or part thereof, shall be paid fixed and definite snlaiies. anil 
 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 rising 
 behind the peaks thereof, and at the right side of the range of moun- 
 tains there shall be a storage reservoir and a dam, below which, in 
 the middle distance, are irrigated fields and orchards reaching into 
 the foreground, at the right of which are cattle grazing. To the left 
 in the middle distance, on a mountain side, 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 Ari- 
 zona, this 9th day of December, A. D. 1910. 
 
 (Signed) Geo. W. P. Hunt, 
 
 President of the Constitutional Convention. 
 
 (Signed) A.W.Cole, 
 
 Secretary of the Constitutional Convention. 
 
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