A PROPOSITION

No. 116.

Introduced by Mr. Henry Lovin, of Mohave County.

A Proposition Relative to Bill of Rights.

IT IS HEREBY PROPOSED:

To more fully set forth and unalterably establish the absolute and inherent right of personal security, of personal liberty, of private property, and freedom of conscience, We Declare:

SECTION I. POLITICAL POWER: Government is instituted for the security, benefit and protection of the people; and all free governments are founded on their authority, that the people of this State have the inherent, sole and exclusive right, to regulate the internal government and police thereof, and to alter and abolish their Constitution and form of government whenever they may deem it necessary to their safety and happiness.

SEC. II. NATURAL RIGHTS OF PERSONS: That all Constitutional government is intended to promote the general welfare of the people; that all persons have a natural right to life, liberty and the enjoyment of the gains of their own industry: that to give security to these things is the principal office of government, and that when government does not confer this security, it fails of its chief design.

SEC. III. FREEDOM FROM SEARCH AND SEIZURE: The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

SEC. IV. FREEDOM OF WORSHIP. RELIGIOUS LIBERTY: The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

SEC. V. FREEDOM OF SPEECH AND PRESS: Every citizen may freely speak, write and public his sentiment on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous it true; and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

SEC. VI. PEOPLE RIGHT TO ASSEMBLE AND PETITION: That the people have the right peaceably to assemble for their common good and to apply to those invested with the power of government for redress of grievances by petition or remonstrance.

SEC. VII. HABEAS CORPUS: The privilege of the writ of Habeas Corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it.

SEC. VIII. EX POST FACTO: No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.

SEC. IX. BAIL WHEN ALLOWED: That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident, or the presumption great.

SEC. X. EXCESSIVE BAIL AND UNUSUAL PUNISHMENT: That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

SEC. XL. TRIAL BY JURY INVIOLATE: The right of trial by jury, as heretofore enjoyed, shall remain inviolate; and shall extend to all cases at law without regard to the amount in controversy; but a jury trial may by waived by the parties in all cases in the manner prescribed by law.

SEC. XII. RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS: In criminal prosecutions the accused shall have the right to appear and defend, in person and by counsel; to demand the nature and cause of the accusation; to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf, and a speedy, public trial by an impartial jury of the county.

SEC. XIII. ACCUSED NOT COMPELLED TO TESTIFY TWICE IN JEOPARDY: That no person shall be compelled to testify against himself in a criminal cause, nor shall any person, after being once acquitted by a jury, be again, for the same offense, put in jeopardy of life or liberty; but if the jury to which the question of his guilt or innocence is submitted fail to render a verdict, the court, before which the trial is had, may, in its discretion, discharge the jury and commit or bail the prisoner for trial at the next term of court, or, if the state of business will permit, at the same term; and if judgement be arrested after a verdict of guilty on a defective indictment, or if judgement of guilty be reversed for error in law, nothing herein contained shall prevent a new trial of the prisoner on a proper indictment, or according to correct principles of law.

SEC. XIV. MILITARY SUBORDINATE TO CIVIL POWER: That the military shall always be in strict subordination to the civil power; that no solider shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner prescribed by law.

SEC. XV. DUE PROCESS OF LAW: That no person shall be deprived of life, liberty or property without due process of law.

SEC. XVI. TAKING OF PRIVATE PROPERTY: Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes or ditches on or across the lands of others for agricultural, domestic or sanitary purposes. No private property shall be taken or damaged 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 municipal until full compensation therefor be first made in money, or ascertained and paid into the 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 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. XVII. RIGHT TO BEAR ARMS: That the right of no citizen to keep and bear arms in defense of his home, person or property, or in aid of the civil power, when thereto legally summoned, shall be called in question; but nothing herein contained is intended to justify the practice of wearing concealed weapons.

SEC. XVIII. NOT GRANT TITLE OF NOBILITY: The Legislature shall not grant any title of nobility or hereditary distinction, nor create any office the appointment to which shall be for a longer term than during good behavior.

SEC. XIX. NO IMPRISONMENT FOR DEBT: That imprisonment for debt shall not be allowed, except for the non-payment of fines and penalties imposed for violation of law.

SEC. XX. ELECTIONS MUST BE FREE AND OPEN: That all elections shall be free and open; and no power, civil, or military, shall at any time interfere to prevent the free exercise of the right of suffrage.

SEC. XXI. TREASON DEFINED, NO ATTAINDER, ESTATES OF SUICIDES NOT FORFEITED: That treason against the State can consist only in levying war against it, or adhering to its enemies, giving them aid and comfort; that no person can be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on his confession in open court; that no person can be attainted of treason or felony by the General Assembly; that no conviction can work corruption of blood or forfeiture of estate; that the estates of such persons as may destroy their own lives shall descent or vest as in cases of natural death; and when any person shall be killed by casualty, there shall be no forfeiture by reason thereof.

SEC. XXII. FELONIES AND MISDEMEANORS PROSECUTED BY INDICTMENT OR INFORMATION. No person shall be prosecuted criminally for felony or misdemeanor otherwise than by indictment or information, which shall be concurrent remedies, but this shall not be construed to apply to cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger.

SEC. XXIII. USE OF LANDS FOR RESERVOIRS OR STORAGE BASINS: The necessary use of lands for the construction of reservoirs or storage basins, for the purpose of irrigation, or for the rights of way for the construction of canals, ditches, flumes or pipes to convey water to the place of use, for any useful, beneficial or necessary purpose, or for drainage; or for the drainage of mines, or the working thereof, by means of roads, railroads, tramways, cuts, tunnels, shafts, hoisting works, dumps, or other necessary means to their complete development, or any other use necessary to the complete development of the material resources of the State, or the preservation of the health of its inhabitants, is hereby declared to be a public use, and subject to the regulation of the State.

SEC. XXIV. COURTS OF JUSTICE MUST BE OPEN: That courts of justice shall open to every person, and certain remedy afforded for every injury to person, property or character, and that right and justice should be administered without sale, denial or delay.

SEC. XXV. LAWS UNIFORM: All laws of a general nature shall have a uniform operation: the general assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terns shall not equally belong to all citizens.

SEC. XXVI. RESIDENT ALIENS: Foreigners who are, or may hereafter become residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and descent of property, as native born citizens.

SEC. XXVII. GRAND JURY: Hereafter a Grand Jury shall consist of twelve men, any nine of whom concurring, may find an indictment or a true bill: Provided, however, that not grand jury shall be convened except upon an order of a judge of a court having the power to try and determine felonies; but when so assembled such grand jury shall have power to investigate and return indictments for all character and grades of crime.

SECTION XXVIII. NO ARMED BODY BROUGH INTO STATE: No armed person or persons or armed body of men shall be brought into this State for the preservation of the peace or the suppression of domestic violence, except upon the application of the legislative assembly or of the governor when the legislative assembly cannot be convened.

SECTION XXIX. SUPREME LAW: The State of Arizona is an inseparable part of the Federal Union, and the Constitution of the United States is the supreme law of the land.

SECTION XXX. RIGHTS NOT ENUMERATED: The enumeration in this constitution of certain rights shall not be construed to deny, impair or disparage others retained by the people.

• Proposition Number 116 - Bill of Rights (introduced on 1910-10-31 09:00:00 - CREATE_FROM - e937195) [This document] [view current proposal at this moment]
  • None (introduced on 1910-11-21 14:00:00 - REPORT_PROPOSAL - e939958) [view current proposal at this moment]