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Sec. 26. That there shall never be in this State either slavery or involutary servitude, except as a punishment for crime, whereof the party shall have been duly convicted.

Sec. 27. Aliens, who are or who may hereafter become bona-fide residents of this State, may acquire, inherit, possess, enjoy, and dispose of property, real and personal, as native-born citizens.

SEC. 28. The enumeration in this constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people.

ARTICLE III

DISTRIBUTION Or POWERS

The powers of the government of this State are divided into three distinct departments, the legislative, executive, and judicial, and no person, or collection of persons, charged with the exercise of powers properly belonging to one of these departments shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted.

ARTICLE IV.

EXECUTIVE DEPARTMENT

SECTION 1. The executive department shall consist of a governor, lieutenant-governor, secretary of state, auditor of state, State treasurer, attorney-general, and superintendent of public instruction, each of whom shall hold his office for the term of two years, beginning on the second Tuesday of January next after his election: Prorided, That the terms of office of those chosen at the first election held under this constitution shall begin on the day appointed for the first meeting of the general assembly. The officers of the executive department, excepting the lieutenant-governor, shall, during their term of oflices, reside at the seat of government, where they shall keep the public records, books, and papers. They shall perform such duties as are prescribed by this constitution or by law.

SEC. 2. The supreme executive power of the State shall be vested in the governor, who shall take care that the laws be faithfully executed.

SEC. 3. The officers named in section one of this article shall be chosen on the day of the general election by the qualified electors of the State. The returns of every election for said officers shall be sealed

up and transmitted to the secretary of state, directed to the speaker of the house of representatives, who shall immediately, upon the organization of the house, and before proceeding to other business, open and publish the same in the presence of a majority of the members of both houses of the general assembly, who shall for that purpose assemble in the house of representatives. The person having the highest number of votes for either of said offices shall be declared duly elected, but if two or more have an equal and the highest number of votes for the same office, one of them shall be chosen thereto by the two houses, on joint ballot. Contested elections for the said offices shall be determined by the two houses, on joint ballot, in such manner as may be prescribed by law.

Sec. 4. No person shall be eligible to the office of governor, lieutenant-governor, or superintendent of public instruction, unless he should have attained the age of thirty years, nor to the office of auditor of state, secretary of state, or State treasurer, unless he shall have attained the age of twenty-five years, nor to the office of attorneygeneral unless he shall have attained the age of twenty-five years, and be a licensed attorney of the supreme court of the State, or of the Territory of Colorado, in good standing. At the first election under this constitution, any person being a qualified elector at the time of the adoption of this constitution, and having the qualifications above herein prescribed for any one of said officers, shall be eligible thereto; but thereafter no person shall be eligible to any one of said offices, unless, in addition to the qualifications above prescribed therefor, he shall be a citizen of the United States, and have resided within the limits of the State two years next preceding his election.

SEC. 5. The governor shall be commander-in-chief of the military forces of the State, except when they shall be called into actual service of the United States. Ile shall have power to call out the militia to execute the laws, suppress insurrection, or repel invasion.

SEC. 6. The governor shall nominate, and by and with the consent of the senate appoint, all officers whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided for, and may remove any such officer for incompetency, neglect of duty, or malfeasance in office. If during the recess of the senate a vacancy occur in any such oflice, the governor shall appoint some fit person to discharge the duties thereof until the next meeting of the senate, when he shall nominate some person to fill such oflice. If the office of auditor of tate, State treasurer, secretary of state, attorney-general, or superintendent of public instruction shall be vacated by death, resignation, or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. The senate in deliberating upon executive nominations may sit with closed doors, but in acting upon nominations they shall sit with open doors, and the vote shall be taken by aves and noes, which shall be entered upon the journal.

Sec. 7. The governor shall have power to grant reprieves, commutations, and pardons after conviction, for all offences except treason, and except in case of impeachment, subject to such regulations as may be prescribed by law relative to the manner of applying for pardons, but he shall in every case, where he may exercise this power, send to the general assembly, at its first session thereafter, a transcript of the petition, all proceedings, and the reasons for his action.

SEC. 8. The governor may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices, which information shall be given !pon oath whenever so required; he may also require in formation in writing at any time, under oath, from all officers and managers of State institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions. The governor shall, at the commencement of each session, and from time to time, by message, give to the general assembly information of the condition of the State, and shall recommend such measures as he

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shall deem expedient. He shall also send to the general assembly a statement, with vouchers, of the expenditures of all moneys belonging to the State and paid out by him. He shall also, at the commencement of each session, present estimates of the amount of money required to be raised by taxation for all purposes of the State.

SEC 9. The governor may, on extraordinary occasions, convene the general assembly, by proclamation, stating therein the purpose for which it is assembled; but at such special session no business shall be transacted other than that specially named in the proclamation. IIe may, by proclamation, convene the Senate in extraordinary session for the transaction of executive business.

SEC. 10. The governor, in case of a disagreement between the two houses as to the time of adjournment, may, upon the same being certified to him by the house last moving adjournment, adjourn the general assembly to a day not later than the first day of the next regular session.

SEC. 11. Every bill passed by the general assembly shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the house in which it originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If then two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members elected to that house, it shall become a law, not withstanding the objections of the governor. In all such cases the vote of each house shall be determined by ayes and noes, to be entered upon the journal. If any bill shall not be returned by the governor within ten days after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the general assembly shall, by their adjournment, prevent its return, in which case it shall be filed, with his objections, in the office of the secretary of state, within thirty days after such adjournment, or else become a law.

SEC. 12. The governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and part or parts of the bill approved shall be law, and the item or items disapproved shall be void, unless enacted in manner following: If the general assembly be in session, he shall transmit to the house in which the bill originated a copy of the item or items thereof disapproved, together with his objections thereto, and the items objected to shall be separately reconsidered, and each item shall then take the same course as is prescribed for the passage of bills over the executive veto.

LIEUTENANT-GOVERNOR

Sec. 13. In case of the death, impeachment, or conviction of felony or infamous misdemeanor, failure to qualify, resignation, absence from the State, or other disability of the governor, the powers, duties, and emoluments of the oflice, for the residue of the term, or until the disability be removed, shall devolve upon the lieutenant-governor.

SEC. 14. The lieutenant-governor shall be president of the senate, and shall vote only when the senate is equally divided. In case of the absence, impeachment, or disqualification from any cause of the lieutenant-governor, or when he shall hold the oflice of governor, then the president pro tempore of the senate shall perform the duties of the lieutenant-governor until the vacancy is filled or the disability removed.

Sec. 15. In case of the failure to qualify in his office, death, resignation, absence from the State, impeachment, conviction of felony, or infamous misdemeanor, or disqualification from any cause, of both the governor and lieutenant-governor, the duties of the governor shall devolve on the president of the senate pro tempore, until such disqualification of either the governor or lieutenant-governor be removed, or the vacancy be filled; and if the president of the senate, for any of the above-named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house.

Sec. 16. An account shall be kept by the officers of the executive department and of all public institutions of the State of all moneys received by them severally from all sources, and for every service performed, and of all moneys disbursed by them severally, and a semi-annual report thereof shall be made to the governor, under oath.

SEC. 17. The officers of the executive department, and of all public institutions of the State, shall, at least twenty days preceding each regular session of the general assembly, make full and complete report of their actions to the governor, who shall transmit the sam“ to the general assembly.

SEC. 18. There shall be a seal of the State, which shall be kept by the secretary of state, and shall be called the “ Great Seal of the State of Colorado.” The seal of the Territory of Colorado, as now useid, shall be the seal of the State until otherwise provided by law.

SEC. 19. The officers named in section one of this article shall receive for their services a salary to be established by law, which shall not be increased or diminshed during their official terms. It shall be the duty of all such officers to collect in advance all fees prescribed by law for services rendered by them severally, and pay the same into the State treasury.

SEC. 20. The superintendent of public instruction shall be ex officio State librarian.

SEC. 21. Neither the State treasurer nor State auditor shall be eligible for re-election as his own immediate successor.

ARTICLE V

LEGISLATIVE DEPARTMENT

SECTION 1. The legislative power shall be vested in the general assembly, which shall consist of a senate and a house of representartives, both to be elected by the people.

Sec. 2. An election for members of the general assembly shall be held on the first Tuesday in October, in the years of our Lord 1876 and 1878, and in each alternate vear thereafter, on such day, at such places in each county as now are, or hereafter may be, provided by law. The first election for members of the general assembly under

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the State organization shall be conneted in the manner prescribed by the laws of Colorado Territory regulating elections for members of the legislative assembly thereof. When vacancies occur in either house the governor, or person exercising the powers of governor, shall issue writs of election to fill such vacancies.

SEC: 3. Senators shall be elected for the term of four years, except as hereinafter provided, and representatives for the term of two years.

SEC. 4. No person shall be a representative or senator who shall not have attained the age of twenty-five years, who shall not be a citizen of the United States, who shall not for at least twelve months next preceding his election have resided within the Territory included in the limits of the county or district in which he shall be chosen: Provided, That any person who at the time of the adoption of this constitution was a qualified elector under the territorial laws, shall be eligible to the first general assembly.

Sec. 5. The senators, at their first session, shall be divided into two classes. Those elected in districts designated by even numbers shall constitute one class; those elected in districts designated by odd numbers shall constitute the other class, except that senators elected in each of the districts having more than one senator shall be equally divided between the two classes. The senators of one class shall hold for two years; those of the other class shall hold for four years; to be decided by lot between the two classes, so that one-half of the senators, as near as practicable, may be biennially chosen forever thereafter.

SEC, 6. Each member of the first general assembly, as a compensation for his services, shall receive four dollars for each day's attendance, and fifteen cents for each mile necessarily travelled in going to and returning from the seat of government, and shall receive no other compensation, perquisite, or allowance whatsoever. No session of the general assembly, after the first, shall exceed forty days. After the first session the compensation of the members of the general assembly shall be as provided by law: Provided, That no general assembly shall fix its own compensation.

Sec. 7. The general assembly shall meet at 12 o'clock, noon, on the first Wednesday in November, 1. D. 1570; and at 12 o'clock, noon, on the first Wednesday in January, 1. D. 1879, and at 12 o'clock, noon, on the first Wednesday in January of each alternate year forever thereafter, and at other times when convened by the governor. The term of service of the members thereof shall begin on the first Wednesday of November next-after their election, until otherwise provided

SEC. 8. No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State; and no member of Congress, or other person holding any office (except of attorney at law, notary public, or in the militia:) under the United States, or this State, shall be a member of either house during his continuance in oflice.

SEC. 9. No member of either house shall, during the term for which he may have been elected, receive any increase of salary or mileage, under any law passed during such term.

Sec. 10. The senate shall, at the beginning and close of each regular session, and at such other times as may be necessary, elect one of its members president pro tempore. The house of representatives

by law.

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