A PROPOSITION

No. 104.

Introduced by Mr. Fred L. Ingraham, of Yuma County.

A Proposition Relative to Bill of Rights.

IT IS HEREBY PROPOSED:

Sec. 1. All persons have the inherent right to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry.

Sec. 2. The courts of justice of the State shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property or reputation: and right and justice shall be administered without sale, denial, delay or prejudice.

Sec. 3. All persons shall be bailable by sufficient sureties, except for capital offenses when the proof of guilt is evident, or the presumption thereof is great. Excessive bail shall not be required nor excessive fines imposed, nor cruel nor unusual punishments inflicted.

Sec. 4. No person shall be held in slavery or peonage to another. Imprisonment for debt is forever prohibited.

Sec. 5. The people shall have the right to assemble for the purpose of discussion and deliberation and to apply to those temporarily vested with the powers of government for redress of grievances, by petition, address or remonstrance. Every person shall have the right to freely speak, write or publish his sentiments on all subjects, being responsible for the abuse of such right. The rights in this section set forth shall never be denied or abridged, or made dependent upon any censor, license or permit. In all criminal prosecutions for libel, the truth of the matter alleged to be libelous may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous be true, and was written or published with good motives and for justifiable ends, the party shall be acquitted.

Sec. 6. The militia shall, at all times, be held in strict subordination to the civil authority. Civil government in this State shall never be replaced or suspended by martial law. No soldier shall be quartered in any house in time of peace without the consent of the owner, nor in time of war, except in a manner to be prescribed by the law-making power. The privilege of writ of habeas corpus shall never be suspended.

Sec. 7. The militia shall be composed of all able-bodied male citizens over twenty-one years of age and under forty-five years of age. Persons who have religious or conscientious scruples against war or military violence may be excused from militia services upon such just terms as the law-making power may enact.

Sec. 8. No law shall be declared void by any court, because in the opinion of the court such law may be opposed to the general intent or spirit of this Constitution, or to public policy, but laws may be declared void only because of some express provision of this Constitution or necessary implication from such express provision.

Sec. 9. The right of the people to keep and bear arms shall not be denied or abridged; but this section shall not be construed to deny the right of the law-making power to regulate or prohibit the carrying of concealed weapons upon the person.

Sec. 10. The people shall at all times have the right to organize into unions, alliances, or otherwise, for the advancement of their interests; to abstain, either individually or collectively, from work or any employers for any reason deemed sufficient by them; to abstain either individually or collectively from dealing with or patronizing any individual, firm, corporation or association; and freely to speak, write and publish their sentiments concerning such abstinence.

Sec. 11. All elections shall be free, equal and impartial. No fee shall be charged as a pre-requisite of registering, voting, standing for office, or any other act connected with the exercise of the franchise.

Sec. 12. Whenever, by this Constitution, or the laws of this State, an oath be required, and affirmation shall be received instead of such oath.

Sec. 13. Perpetuities and estates tail are hereby forever prohibited.

Sec. 14. No person shall be compelled by any officer to give evidence which will tend to incriminate him, except as in this Constitution specifically provided. The right of prisoners accused of crime to be inviolate in their persons shall not be denied or abridged, and any police, peace officer or other officer who shall, for the purpose of extorting confession or other evidence from any prisoner, interrogate such prisoner under the "third degree" or use any physical or mental torture for such purpose, upon such prisoner, shall be guilty of a crime, and no evidence gained by the means herein forbidden shall be received in any court of law. The Legislature is hereby empowered, and instructed to fix an appropriate punishment for such crime.

Sec. 15. The State may by appropriate legislation, establish systems of insurance against sickness, invalidism, injury or old age.

Sec. 16. No Bill of Attainder or Ex Post Facto law shall ever be passed. No conviction shall work a corruption of blood or forfeiture of estate.

Sec. 17. Treason against the State shall consist only in levying war against it or in adhering to its enemies, 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 on confession in open court.

Sec. 18. No person shall be prosecuted criminally in any court of record, for any felony or misdemeanor, otherwise than by indictment or by information. No person shall be prosecuted for a felony by information without having had a preliminary examination before an examining magistrate or having waived such examination. Prosecutions may be instituted in courts not of record upon a duly verified complaint.

Sec. 19. A grand jury shall be composed of twelve men, any nine of whom concurring, may find an indicment or true bill. A grand jury shall be convened upon the order of a judge of a court having the power to try and determine felonies, upon his own motion; and such grand jury shall be ordered by such judge upon the filing of a petition therefor, signed by one hundred resident tax-payers of the county. When so assembled, such grand jury shall have the power to investigate and to return indictments for all character and all grades of crime and such other powers as may be prescribed by legislation. Provided, That the Legislature may make the calling of a grand jury compulsory.

Sec. 20. The right of trial by jury shall be preserved, and a jury for the trial of civil and criminal cases in courts of record shall consist of twelve men; but in courts not of record, a jury shall consist of six men. In civil cases, and in criminal cases less than felonies, three-fourths of the whole number of jurors concurring shall have the power to render a verdict. In all other cases the entire number of jurors must concur to render a verdict.

Sec. 21. In all criminal prosecutions the accused shall have 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 some other county of the State, on the application of the accused, in such manner as may be prescribed by law. He shall be informed of the nature and cause of the accusation against him, and have a copy thereof, and be confronted with the witnesses against him, and have compulsory process for obtaining witnesses in his behalf. He shall have the right to be heard by himself and counsel, and in capital cases, at least two days before the case is called for trial he shall be furnished with a list of the witnesses that will be called in chief to prove the allegations of the indictment or information, together with their post office addresses.

Sec. 22. The Legislature shall pass laws defining contempts and regulating the proceedings and punishment in matters of contempt; provided, that any person accused of violating or disobeying, when not in the presence or hearing of the court or judge sitting as such, any order of injunction or restraint made and entered by any court or judge of the State, shall before the penalty or punishment is imposed, be entitled to a trial by jury as to the guilt or innocence of the accused. In no case shall a penalty or punishment be imposed for contempt until an opportunity to be heard is given.

Sec. 23. Any person having knowledge or possession of facts that tend to establish the guilt of any other person or corporation charged with an offense against the laws of the State, shall not be excused from giving testimony or producing evidence when legally called upon so to do on the ground that it may tend to incriminate him under the laws of the State; but no person shall be prosecuted or subject to any penalty or forfeiture for on account of any transaction, matter or thing concerning which he may so testify or produce evidence.

Sec. 24. The records, books and files of all corporations shall be at all times liable and subject to the full visitorial and inquisitorial powers of the State, notwithstanding the immunities and penalties in this Bill of Rights, secured to the persons, inhabitants and citizens thereof.

Sec. 25. No person shall be transported out of the State for any offense committed within the State; nor shall any person be transported out of the State for any purpose without his consent, except by due process of law; but nothing in this provision shall prevent the operation of extradition laws or the transporting of persons sentenced for crime to other states for the purpose of incarceration. Any person arrested under extradition proceedings shall be given twenty-four hours before his removal from the State, in which to secure the advice of counsel. Any person or officer violating the provisions of this section shall be guilty of a crime and the Legislature shall enact an appropriate penalty therefor.

Sec. 26. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches or seizures, shall not be violated; and no warrant shall issue but upon probable cause supported by oath or affirmation, describing as particularly as may be, the place to be searched and the person or thing to be seized.

Sec. 27. The enumeration in this Constitution of certain rights shall not be construed to deny, impair or disparage others retained by the people.

• Proposition Number 104 - Bill of Rights (introduced on 1910-10-26 09:00:00 - CREATE - e935200) [This document] [view current proposal at this moment]
  • None (introduced on 1910-10-26 09:00:00 - REPORT_PROPOSAL - e935201) [view current proposal at this moment]