A PROPOSITION

No. 94.

Introduced by Mr. Cooper, of Pima County.

A Proposition Relative to Declaration of Rights.

IT IS HEREBY PROPOSED:

DECLARATION OF RIGHTS.

Section 1. Governments derive their just powers from the governed and are established to protect and maintain individual rights.

Section 2. The Constitution of the United States is the supreme law of the land.

Section 3. No person shall be deprived of life, liberty or property without due process of law.

Section 4. The right of petition, and of the people to peaceably assemble for the common good, shall never be abridged.

Section 5. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.

Section 6. The mode of administering an oath, or affirmation, shall be such as may be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.

Section 7. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.

Sec 8. [sic] No law granting irrevocably any privilege, franchise or immunity shall be passed by the Legislature.

Section 9. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offence.

Section 10. Justice in all cases shall be administered openly, and without unnecessary delay.

Section 11. Absolute freedom of conscience in all matters of religious sentiment, belief, and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion, but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.

Section 12. No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.

Section 13. The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion or invasion the public safety requires it.

Section 14. Excessive bail shall not be required, excessive fines imposed, nor cruel punishment inflicted.

Section 15. No conviction shall work corruption of blood, nor forfeiture of estate.

Section 16. Private property shall not be taken for private use except for private ways of necessity, and for mines, drains, flumes or ditches, on or across the lands of others for mining, 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. [sic] which compensation shall be ascertained by a jury, unless a jury be waived as in other civil 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.

Section 17. There shall be no imprisonment for debt.

Section 18. The military shall be in strict subordination to civil power.

Section 19. All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.

Section 20. All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident, or the presumption great.

Section 21. The right of trial by jury shall remain inviolate, but the Legislature may provide for a jury of any number of less than twelve in courts not of record, and for a verdict by nine or more jurors in civil cases in any court of record, and for waiving of the jury in civil cases where the consent of the parties interested is given thereto.

Section 22. 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 against him; to have a copy thereof; to testify in his own behalf; to meet the witnesses against him face to face; to have compulsory process to compel the attendance of witnesses in his own behalf; to have a speedy public trial in the county in which the offense is alleged to have been committed, and the right to appeal in all

cases.

Section 23. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed.

Section 24. The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall he construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

Section 25. Offenses heretofore required to be prosecuted by indictment may be prosecuted by information or by indictment, as shall be prescribed by law.

Section 26. No grand jury shall be drawn or summoned in any county, except the superior judge thereof shall so order.

Section 27. Treason against the State shall consist only in levying war against the State, or adhering to its enemies, or in 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 confession in open court.

Section 28. No hereditary emoluments, privileges or powers shall be granted or conferred in this State.

Section 29. The provisions of the constitution are mandatory, unless by express words they are declared to be otherwise.

Section 30. A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government.

• Proposition Number 94 - Declaration of Rights (introduced on 1910-11-25 19:30:00 - CREATE_FROM - e944726) [This document] [view current proposal at this moment]
  • Motion to Adopt the Committee of the Whole Report (introduced on 1910-11-25 19:30:00 - PROCEDURE - e944730) [view current proposal at this moment]
    • None (introduced on 1910-11-25 19:30:00 - ADOPT_PROPOSAL - e944731) [view current proposal at this moment]