for such office, unless the voter also voted for or against the recall of such person sought to be recalled from said office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. If a majority of those voting on said question of the recall of any incumbent from office shall vote "no" said incumbent shall continue in said office: if a majority shall vote "yes" such incumbent shall thereupon be deemed removed from such office upon the qualification of his successor. If the vote had in such recall elections shall recall the officer then the candidate who has received the highest number of votes for the office thereby vacated shall be declared elected for the remainder of the term, and a certificate of election shall be forthwith issued to him by the canvassing board. In case the person who received the highest number of votes shall fail to qualify within fifteen days after the issuance of a certificate of election, the office shall be deemed vacant, and shall be filled according to law. Candidates for the office may be nominated by petition, as now provided by law, which petition shall be filed in the office in which petitions for nomination to office are required by law to be filed not less than fifteen days before such recall election. SEC. 4. No recall petition shall be circulated or filed against any officer until he has actually held his office for at least six months, save and except it may be filed against any member of the state legislature at any time after five days from the convening and organizing of the legislature after his election. After one recall petition and election, no further petition shall be filed against the same officer during the term for which he was elected, unless the petitioners signing said petition shall equal fifty per centum of the votes cast at the last preceding general election for all of the candidates for the office held by such officer as herein above defined. If at any recall election the incumbent whose recall is sought is not recalled, he shall be repaid from the State treasury any money authorized by law and actually expended by him as expenses of such election; and the legislature shall provide appropriations for such purpose. If the Governor is sought to be recalled under the provisions of this article. the duties herein imposed upon him shall be performed by the Lieutenant Governor; and if the Secretary of State is sought to be recalled, the duties herein imposed upon him shall be performed by the State Auditor. The recall may also be exercised by the electors of each county, city and county, city and town of the State, with reference to the elective officers thereof, under such procedure as shall be provided by law. Until otherwise provided by law, the legislative body of any such county, city and county, city and town may provide for the manner of exercising such recall powers in such counties, cities and counties, cities and towns, but shall not require any such recall petition to be signed by electors more in number than twenty-five per centum of the entire vote cast at the last preceding election, as in Section 1 hereof more particularly set forth, for all the candidates for office which the incumbent sought to be recalled occupies, as herein above defined. Every person having authority to exercise or exercising any public or governmental duty, power or function, shall be an elective officer, or one appointed, drawn or designated in accordance with law by any elective officer or officers, or by some board, commission, person or persons legally appointed by an elective officer or officers, each of which said elective officers shall be subject to the recall provision of this constitution; provided that, subject to regulation by law, any person may, without compensation therefor, file petitions, or complaints in courts concerning crimes, or do police duty only in cases of immediate danger to person or property. Nothing herein contained shall be construed as affecting or limiting the present or future powers of cities and counties, or cities having charters adopted under the authority given by the Constitution, except as in the last three preceding paragraphs expressed. In the submission to the electors of any petition proposed under this Article, all officers shall be guided by the General Laws of the State, except as otherwise herein provided. This Article is self executing, but legislation may be enacted to facilitate its operations, but in no way limiting or restricting the provisions of this Article, or the powers herein reserved.33 ARTICLE XXII. INTOXICATING LIQUORS. SECTION 1. From and after the first (1st) day of January, 1916, no person, association or corporation shall, within this state, manufacture for sale or gift any intoxicating liquors; and no person, association or corporation shall import into this state any intoxicating liquors for sale or gift; and no person, association or corporation shall, within this state, sell or keep for sale any intoxicating liquors or offer any intoxicating liquors for sale, barter or trade: Provided, however, That the handling of intoxicating liquors for medieinal or sacramental purposes may be provided for by statute. SEC. 2. All provisions of the Constitution in conflict herewith are hereby repealed,34 SCHEDULE. That no inconvenience may arise by reason of the change in the form of government. it is hereby ordained and declared: SECTION 1. That all laws in force at the adoption of this constitution shall, so far as not inconsistent therewith, remain of the same force as if this constitution had not been adopted until they expire by their own limitation, or are altered or repealed by the general assembly; and all rights, actions, prosecutions, claims, and contracts of the Territory of Colorado, counties, individuals, or bodies-corporate (not inconsistent therewith), shall continue as if the form of government had not been changed and this constitution adopted. SEC. 2. That all recognizances, obligations, and all other instruments entered into or executed before the admission of the State to the Territory of Colorado, or to any county, school-district, or other municipality therein, or any officer thereof, and all fines, taxes, penalties, and forfeitures due or owing to the Territory of Colorado, or any such county, school-district, or municipality, or officer, and all writs, prosecutions, actions, and causes of action. except as herein otherwise provided, shall continue and remain unaffected by the change of the form of government. All indictments which shall have been found, or may hereafter be found, and all informations which shall have been filed, or may hereafter be filed, for any crime or offence committed before this constitution takes effect, may be proceeded upon as if no change had taken place, except as otherwise provided in the constitution. SEC. 3. That all property, real and personal, and all moneys, credits, claims, and choses in action belonging to the Territory of Colorado at the adoption of this constitution shall be vested in and become the property of the State of Colorado. SEC. 4. The general assembly shall pass all necessary laws to carry into effect the provisions of the constitution. SEC. 5. Whenever any two of the judges of the supreme court of the State. elected or appointed under the provisions of this constitution, shall have qualified in their office, the causes theretofore pending in the supreme court of the Territory, and the papers, records, and proceedings of said court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the supreme court of the State: and, until so superseded, the supreme court of the Territory, and the judges thereof, shall continue with like powers and jurisdiction as if this constitution had not been adopted. Whenever the judge of the district court of any district, elected or appointed The whole of Article XXI is new; it was proposed by the initiative, ratified on November 5, 1912, and became effective January 22, 1913. The whole of Article XXII is now; it was proposed by the initiative and ratified on November 3, 1914. under the provisions of this constitution, shall have qualified in his office, the several causes theretofore pending in the district court of the Territory, within any county in such district, and the records, papers, and proceedings of said district court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the district court of the State for such county, and until the district courts of the Territory shall be superseded in manner aforesaid, the said district courts and the judges thereof shall continue with the same jurisdiction and powers to be exercised in the same judicial districts respectively as heretofore constituted under the laws of the Territory. SEC. 6. The terms of office of the several judges of the supreme and district courts and the district attorneys of the several judicial districts first elected under this constitution shall commence from the day of filing their respective oaths of office in the office of the secretary of state. SEC. 7. Until otherwise provided by law, the seals now in use in the supreme and district courts of this Territory are hereby declared to be the seals of the supreme and district courts respectively of the State. SEC. S. Whenever this constitution shall go into effect, the books, records, papers, and proceedings of the probate court in each county, and all causes and matters of administration pending therein, shall pass into the jurisdiction and possession of the county court of the same county, and the said county court shall proceed to final decree or judgment, order, or other determination, in the said several matters and causes as the said probate court might have done if this constitution had not been adopted. And until the election of the county judges provided for in this constitution, the pròbate judges shall act as judges of the county courts within their respective counties, and the seal of the probate court in each county shall be the seal of the county court therein until the said court shall have procured a proper seal. SEC. 9. The terms "probate court" or "probate judge," whenever occurring in the statutes of Colorado Territory, shall, after the adoption of this constitution. be held to apply to the county court or county judge; and all laws specially applicable to the probate court in any county shall be construed to apply to and be in force as to the county court in the same county until repealed. SEC. 10. All county and precinct officers who may be in office at the time of the adoption of this constitution shall hold their respective offices for the full time for which they may have been elected. and until such time as their successors may be elected and qualified, in accordance with the provisions of this constitution, and the official bonds of all such officers shall continue in full force and effect as though this constitution had not been adopted. SEC. 11. All county offices that may become vacant during the year one thousand eight hundred and seventy-six, by the expiration of the term of the persons elected to said offices, shall be filled at the general election on the first Tuesday in October, in the year one thousand eight hundred and seventysix, and, except county commissioners, the persons so elected shall hold their respective offices for the term of one year. SEC. 12. The provisions of this constitution shall be in force from the day on which the President of the United States shall issue his proclamation declaring the State of Colorado admitted into the Union; and the governor, secretary, treasurer, auditor, and superintendent of public instruction of the Territory of Colorado shall continue to discharge the duties of their respective offices after the admission of the State into the Union until the qualification of the officers elected or appointed under the State government; and said officers, for the time they may serve, shall receive the same compensation as the State officers shall by law be paid for like services. SEC. 13. In case of a contest of election between candidates, at the first general election under this constitution, for judges of the supreme. district, or county courts, or district attorneys, the evidence shall be taken in the manner prescribed by territorial law; and the testimony so taken shall be certified to the secretary of state, and said officer, together with the governor and attorney-general, shall review the testimony and determine who is entitled to the certificate of election. P. 14. The votes at the first general election under this constitution for the several offices provided for in this constitution who are to be elected at the first election shall be canvassed in the manner prescribed by the territorial law for canvassing votes for like officers. The votes cast for the judges of the supreme and district courts and district attorneys shall be canvassed y the county canvassing-board in the manner prescribed by the territorial law for canvassing the votes for members of the general assembly; and the county Clerk shall transmit the abstract of votes to the secretary of the Territory, eting as secretary of state, under the same regulations as are prescribed by aw for sending the abstracts of votes for territorial officers; and the aforesaid acting secretary of state, auditor, treasurer, or any two of them, in the resence of the governor, shall proceed to canvass the votes, under the reguations of sections thirty-five and thirty-six of chapter twenty-eight of the evised statutes of Colorado Territory. SEC. 15. Senators and members of the house of representatives shall be \chosen by the qualified electors of the several senatorial and representative districts, as established in this constitution, until such districts shall be changed by law, and thereafter by the qualified electors of the several districts the same shall be established by law. SEC. 16. The votes cast for Representatives in Congress at the first elecCon held under this constitution shall be canvassed and the result determined 5 the manner provided by the laws of the Territory for the canvass of votes for Delegate in Congress. SEC. 17. The provision of the constitution that no bill, except the general appropriation bill, introduced in either house after the first twenty-five days of the session, shall become a law, shall not apply to the first session of the General assembly; but no bill, introduced in either house at the first session of the general assembly after the first fifty days thereof, shall become a law. SEC. 18. A copy of the abstracts of the votes cast at the first general estion held under this constitution shall, by the county clerks of the several unties, be returned to the secretary of the Territory immediately after the vass of said votes in their several counties; and the secretary, auditor, treasurer of the Territory, or any two of them, shall, on the twenty-fifth Gy after the election, meet at the seat of government and proceed to canvass he votes cast for members of the general assembly, and determine the result hereof. SEC. 19. The general assembly shall, at their first session, immediately fter the organization of the two houses, and after the canvass of the votes for the officers of the executive department, and before proceeding to other insiness, provide, by act or joint resolution. for the appointment by said genral assembly of electors in the electoral college; and such joint resolution, or The bill for such enactment, may be passed without being printed, or referred any committee. or read on more than one day in either house, and shall ake effect immediately after the concurrence of the two houses therein; and the approval of the governor thereto shall not be necessary. SEC. 20. The general assembly shall provide that after the year one thousand eight hundred and seventy-six the electors of the electoral college shall be chosen by direct vote of the people. SEC. 21. The general assembly shall have power, at their first session, to provide for the payment of the expenses of this convention, if any there be Then remaining unpaid. SEC. 22. All recognizances, bail-bonds, official bonds, and other obligations or undertakings which have been, or at any time before the admission of the State shall be, made or entered into and expressed to be payable to the Teople of the Territory of Colorado, shall continue in full force, notwithstanding the change in the form of government; and any breach thereof, whenever urring, may. after the admission of the State, be prosecuted in the name of the people of the State. Done in convention, at the city of Denver, Colorado, this fourteenth day of March, in the year of our Lord one thousand eight hundred and seventy-six, and of the Independence of the United States the one hundredth. In witness whereof we have hereunto subscribed our names. Attest: W. W. COULSON, Secretary. HERBERT STANLEY, First Assistant Secretary. |