Imágenes de páginas
PDF
EPUB

SEC. 13. The term of office of every officer to be elected or appointed under this ('onstitution or the laws of Arizona shall extend until his successor shall be elected and shall qualify.

SEC. 11. 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 this Constitution shall not be enacted by the people.

SEC. 1.5. Reformatory and penal institutions, and institutions for the benefit of the insane, blind, deaf, and mute, and such other institutions as the pubilie good may require, shall be established and supported by the State in such manner as may be prescribed by law.

SEC. 16. It shall be unlawful to confine any minor under the age of eighteen years, accused or convicted of crime, in the same section of any jail or prison in which adult prisoners are confined. Suitable quarters shall be prepared for the confinement of such minors.

SEC. 17. All State and county officers (except notaries 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 salaries, and they shall receive no fees for their own use.

SEC. 18. A State Examiner, who shaul be a skilled accountant, shall be a pod jointed by the Governor, by and with the advice and consent 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 prohibiting 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 mountains 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. About this device shall be the motto. "Ditat Deus." 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.

ARTICLE XXIII.

PROHIBITION SEC. 1. Ardent spirits, ale, beer, wine, or intoxicating liquor or liquors of whatever kind shall not be manufactured in or introduced into the State of Arizona under any pretense. Every person who sells, exchanges, gives, barters, or disposes of any ardent spirits, ale, beer, wine or intoxicating liquor of any kind to any person in the State of Arizonit, or who manufactures, or introduces into, or attempts to introduce into the State of Arizona any ardent Squirits, i le, beer, wine, or intoxicating liquor of any kind, shall be guilty of a misdemeanor and upon conviction shall be imprisoned for not less than ten days nor more than two years and fined not less than twenty-five dollars and costs jor more than three hundred dollars and costs for each offense; provided, that nothing in this amendment contained shall apply to the manufacture or sale of denatured alcohol.8

*Proposed by initiative petition, filed in the office of the secretary of state on July 2, ratitied by the voters on November 3, 1914, and proclaimed by the governor on December 14, 1914, The amendment became effective on January 1, 1915. Article XXIII is entirely new.

In a

ARTICLE XXIV.

PROHIBITION. Sec. 1. It sb:l be unlawful for any person in the st receive, or cause to be received, from without the State of Arizona, for any purpose, any ardent spirits, ale, beer, wine or intoxicating liquors of any kind, and it shall be unlawful for any person in the State of Arizona to have in his possession, for any purpose, any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind, which he has introduced or caused to be introduced into the State of Arizona, and it shall be unlawful for itly person to transport or cause to be transported, within the state of Arizona, any ardent spirits, ale. beer, wine, or intoxicating liquors of any kind, prosine ful for my regularly ordained priestor vlergyman of illl establishell church to receive, transport and possess wine to be used only for sacramental purposes, ind provided further, that the University of Arizonit, through its Board of Regents, may introduce, receive, transport and possess grain alcohol for scientific uses, and may use and may distribute such illcohol under such restrictions and regulations is said Board of Regents may from time to time adopt, to other institutions of research and learning, for scientific uses, And provided further. that nothing herein shall prevent the introduction, transportation and possession of denatured alcohol.

SEC. 2. Every person who shall violate any provision of section one of this article or any rule or regulation made thereunder, shall be guilty of a misdemeanor, and shall be imprisoned for not less than ten days. por more than two years, and fined not less than twenty-five dollars and costs, and not more than three hundred dollars and costs for each offense; and the liquors received, transported or possessed in violation of section one of this article or manufactured, introduced, or disposed of in violation of Article XXIII of this constitution, shall be by the court ordered publicly destroyed.9

Done in open Convention at the City of Phoenix, Territory of Arizona, this 9th day of December, A. D. 1910. (Signed)

GEO. W. P. HUNT,

President of the Constitutional Convention. (Signed)

A. W. COLE, Secretary of the Constitutional Convention.

"Proposed by initiative petition, filed in the office of the secretary of state on July 6, and ratified by the electors on November 7, 1916. Article XXIV is entirely new.

CONSTITUTION OF ARKANSAS—1874.*

PREAMBLE. We. the people of the State of Arkansas, grateful to Almighty God for the privilege of choosing our own form of government, for our civil and religious liberty, and desiring to perpetuate its blessings and secure the same to ourselves and posterity, do ordain and establish this constitution.

ARTICLE I.

BOUNDARIES. We do declare and establishi, ratify and confirm, the following as the permanent boundaries of the State of Arkansas, that is to say: Beginning at the middle of the main channel of the Mississippi river, on the parallel of thirtysix degrees of north latitude, running thence west with said parallel of latitude to the middle of the main channel of the St. Francis river; thence up the main channel of said last-named river to the parallel of thirty-six degrees, thirty minutes of north latitude; thence west with the southern boundary line of the State of Missouri to the southwest corner of Said last-named state; thence to be bounded on the west to the north bank of Red river, as by act of congress and treaties existing January 1, 1837, defining the western limits of the territory of Arkansas, and to be bounded across and south of Red river by the boundary line of the State of Texas as far as to the nortliwest corner of the State of Louisiana; thence casterly with the northern boundary line of said last-named state to the middle of the main channel of the Mississippi river; thence up the middle of the main channel of said last-named river, including an island in said river known as “Belle Point Island," and all other jand originally surveyed and included as a part of the territory or State of Arkansas, to the thirty-sixth degree of north latitude, the place of beginning.

[blocks in formation]

The seat of government of the State of Arkansas shall be and remain at Little Rock, where it is now established.

ARTICLE II.

DECLARATION OF RIGHTS. SECTION 1. All political power is inherent in the people, and government is instituted for their protection, security and benefit; and they have the right to alter, reform or abolish the same in such manner as they may think proper.

SEC. 2. All men are created equally free and independent, and have certain inherent and inalienable rights, amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.

SEC. 3. The equality of all persons before the law is recognized, and shall erer remain inviolate; nor shall any citizen ever be deprived of any right, privilege or immunity, nor exempted from any burden orduty, on account of race, color or previous condition.

SEC. 4. The right of the people peaceably to assemble to consult for the

*The constitution of Arkansas was framed by a convention of delegates which iscembled at Little Rock on July 14 and adjourned on September 7, 1874, and it was ratified by the electors on Oct. 13, 1874, hy a vote of 78,697 to 24,807. The constitution was submitted as whole and no proposition was submitted Sepitrately The constitution became effective on Oct. 30, 1874, the date on which the Pesult or the election was announced.

a

common good, and to petition, by address or remonstrance, the government, or any department thereof, shall never be abridged.

SEC. 5. The citizens of this state shall have the right to keep and bear arms for their common defense.

SEC. 6. The liberty of the press shall forever remain inviolate. The free commuuication of thoughts and opinions is one of the invaluable rights of man; and all persons may freely write and publish their sentiments on all subjects, being responsible for the abuse of such right. In all criminal prosecutions for libel the truth may be given in evidence to the jury; and, if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party charged shall be acquitted.

SEC. 7. The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy ; but a jury trial may be waived by the parties in all cases in the manner prescribed by law.

SEC. 8. No person shall be held to answer a criminal charge unless on the presentment or indictment of a grand jury, except in cases of impeachment or cases such as the general assembly shall make cognizable by justices of the peace, and courts of similar juridiction ; or cases arising in the army and nary of the United States; or in the militia when in actual service in time of war or public danger; and no person, for the same offense, shall be twice put in jeopardy of life or liberty; but if, in any criminal prosecution, the jury be divided in opinion, the court before which the trial shall be had may, in its discretion, discharge the jury, and commit or bail the accused for trial at the same or the next term of said court; nor shall any person be compelled, in any criminal case, to be a witness against himself; nor be deprived of life. liberty or property, without due process of law. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great.

SEC. 9. Excessive bail shall not be required, nor shall excessive fines be imposed; nor shall cruel or unusual punishment be inflicted ; nor witnesses be unreasonably detained.

Sec. 10. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county in which the crime shall have been committed; provided that the venue may be changed to any other county of the judicial district in which the indictment is found, upon the application of the accused, in such a manner as now is, or may be. prescribed by law; and to be informed of the nature and cause of the accusation against him, and to have a copy thereof; and to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to be heard by himself and his counsel.

SEC. 11. The privilege of the writ of habeas corpus shall not be suispendel, except hy the general assembly, in case of rebellion, insurrection or invasion, when the public safety may require it.

SEC. 12. No power of suspending or setting aside the law or laws of the sto te shall ever be exercised except by the general assembly.

SEC. 13. Every person is entitled to a certain remely in the l: ws for ·|! injuries or wrongs he may receive in his person, property or character: he ought to obtain justice freely, and without purchase. completely, and without ienial, promptly and without delay, conformably to the laws.

SEC. 14. Treason against the state shall only consist in levying and making war against the same, or in adhering to its enemies, giving them aid and confort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

SEC. 15. The right of the people of this state to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized.

SEC. 16. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud.

SEC. 17. Yo bill of attainder, er post facto law, or law impairing the obligation of contracts shall ever be passed; and no conviction shall work corruption of blood or forfeiture of estate.

SEC. 18. The general assembly shall not grant to any citizen or class of citizens privileges or immunities which upon the same termıs shall not equally belong to all citizens.

SEC. 19. Perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed: nor shall any hereditary emoluments, priyileges or honors ever be granted or conferred in this state.

SEC. 20. No distinction shall ever be made by law between resident aliens and citizens in regard to the possession, enjoyment or descent of property.

SEC. 21. No person shall be taken or imprisoned, or disseized of his estate. freehold, liberties or privileges; or outlawed or in any manner destroyed or deprived of his life, liberty or property; except by the judgment of his peers or the law of the land: nor shall any person, under any circumstances, be exiled from the state.

SFC. 22. The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damared for public use, without just compensation therefor.

Sec. 23. The state's ancient right of eminent domain and of taxation is berein fully and expressly conceded; and the general assembly may delegate the taxing power, with the necessary restriction, to the state's subordinate political and municipal corporations to the extent of providing for their existence, maintenance and well being, but no further.

SEC, 24. All men have a natural and indefe:1sible right to worship Almighty God according to the dictates of their own consciences; no man can, of right, be compelled to attend, erect or support any place of worship; or to maintain any ministry against bis consent. No human :uthority (11. in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship above any other.

SEC. 25. Religion, morality and knowledge being essential to good gorernment, the general assembly shall enact suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship.

SEC. 26. No religious test shall ever be required of any person as a qualification to vote or hold office, nor shall my person be rendered incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths or affirmations.

SEC. 27. There shall be no slavery in this state, nor involuntary servitude. except as a punishment for crime. No standing army shall be kept in time of pieace; the military shall at all times be in strict subordination to the civil power; and no soldier shall be quartered in any house. or on any premises, without the consent of the owner in time of peace; nor in time of war, except in a manner prescribed by law.

Sec. 28. All lands in this state ille declared to be allodial: and feudal tenures of every description. with all their incidents, ille prohibited.

SEC. 29. This enumeration of rights shall not be construed to denyor disparage others retained by the people: and to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government, and shall forever remain inviolate; and that all law's contrary thereto, or to the other provisions herein container, shall be roid.

ARTICLE III.

FRANCHISES AND ELECTIONS. SECTION 1. Every male citizen of the l'nited States, or male person who bas declared his intention of becoming a citizen of the same, of the age of

« AnteriorContinuar »