SCHEDULE

Section 1. No existing rights, actions, suits, proceedings, contracts, claims or demands, shall be affect by a change in the form of government, but all shall continue as if no change had taken place; and all process which may have been issued under the authority of the Territory of Arizona, previous to its admission into the Union, shall be as valid as if issued in the name of the State.

Section 2. All laws of the Territory of Arizona now in force, not repugnant to this Constitution, shall remain in force as laws of the State of Arizona until they expire by their own limitations or are altered or repealed by law; Provided, that wherever the word Territory, meaning the Territory of Arizona, appears in said laws, the word State shall be substituted.

Section 3. All debts, fines, penalties and forfeitures, which have accrued or may hereafter accrue, to the Territory of Arizona, shall inure to the State of Arizona.

Section 4. All recognizances heretofore taken, or which may be taken before the change from a territorial to a state government, shall remain valid, and shall pass to and may be prosecuted in the name of the State, and all bonds executed to the Territory of Arizona, or to any county, or municipal corporation, or to any officer, or court, in his or its official capacity, shall pass to the State authorities, and their successors in office, for the uses therein expressed, and may be sued for and recovered accordingly; and all the estate, real, personal and mixed, and all judgments, decrees, bonds, specialties, choses in action, and claims, demands or debts of whatever description, belonging to the Territory of Arizona, shall inure to and vest in the State of Arizona, and may be sued for and recovered in the same manner, and to the same extent by the State of Arizona, as the same might or could have been by the Territory of Arizona.

Section 5. All criminal prosecutions, and penal actions which may have arisen, or which may arise, before the change from a territorial to a state government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the state. All offenses committed against the laws of the territory of Arizona, before the change from a territorial to a state government, and which shall not be prosecuted before such change, may be prosecuted in the name, and by the authority of the state of Arizona, with like effect as though such change had not taken place, and all penalties incurred and punishments inflicted, shall remain the same as if this Constitution had not been adopted. All actions at law, and suits in equity, which may be pending in any of the courts of the territory of Arizona at the time of the change from a territorial to a state government, shall be continued and transferred to the court of the state, or United States, having jurisdiction thereof.

Section 6. All territorial, district, county and precinct officers who may be in office at the time of the admission of this state into the Union shall hold their respective offices until their successors shall have qualified, and the official bonds of all such officers shall continue in full force and effect while such officers remain in office.

Section 7. Whenever the Judge of the Superior Court of any county, elected or appointed under the provisions of this Constitution, shall have qualified, the several causes then pending in the District Court of the territory, and in and for such county, except such causes as would have been within the exclusive jurisdiction of the United States courts, had such courts existed at the time of the commencement of such causes within such county, and the records, papers and proceedings of said District Court, and other property pertaining thereto, shall pass into the jurisdiction and possession of the Superior Court of such county.

It shall be the duty of the clerk of the District Court, having custody of such papers, records and property, to transmit to the clerk of said Superior Court the original papers in all cases pending in such district, and belonging to the jurisdiction of said Superior Court; together with a transcript, or transcripts, of so much of the record of said District Court, as shall relate to the same; and until the District Courts of the territory shall be superseded in manner aforesaid, and as in this Constitution provided, the said District Courts, and the judges thereof, shall continue with the same jurisdiction and powers, to be exercised in the same judicial district, respectively, as heretofore, and now, constituted.

Section 8. when the state is admitted into the Union, and the Superior Courts, in their respective counties, organized, 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 Superior Court of the same county created by this Constitution, and the said Court shall proceed to final judgment or decree, order or other determination, in the several matters and causes with like effect as the Probate Court might have done if this Constitution had not been adopted.

Section 9. Whenever a quorum of the judges of the Supreme Court of the State shall have been elected, and qualified, and shall have taken office, under this Constitution, the causes then pending in the Supreme Court of the territory, except such causes as would have been within the exclusive jurisdiction of the United States court, had such courts existed at the time of the commencement of such causes, 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, or the state admitted into the Union, and all causes pending in the Supreme Court of the territory at said time, and which said causes would have been within the exclusive jurisdiction of the United States courts, had such courts existed, at the time of the commencement of such causes, and the papers, records and proceedings of said court, relating thereto, shall pass into the jurisdiction of the United States Courts, all as in the Enabling Act provided.

Section 10. Until otherwise provided by law, the seal now in use in the Supreme Court of the territory, shall be the seal of the Supreme Court of the state, except that the word "state" shall be substituted for the word "territory" on said seal. The seal of the Superior Courts of the several counties of the state, until otherwise provided by law, shall be the vignette of Abraham Lincoln, with the words "Seal of the Superior Court of ...... County, State of Arizona," surrounding the vignette. The seal of municipalities, and of all county officers, in the territory, shall be the seals of such municipalities, and county officers, respectively, under the state, until otherwise provided by law, except that the word "territory" or "territory of Arizona," be changed to read "state" or "state of Arizona," where the same may appear upon any of such seals.

Section 11. The provisions of the constitution shall be in force from the day on which the president of the United States shall issue his proclamation, declaring the state of Arizona admitted into the Union.

Section 12. One Representative in the Congress of the United States shall be elected from the state at large, and at the same election at which officers shall be elected under the Enabling Act, and thereafter, at such times, and in such manner as may be prescribed by law.

Section 13. The Legislature shall pass all necessary laws to carry into effect the provisions of this Constitution.

• Substitute Proposition Number 8 (introduced on 1910-12-01 09:30:00 - CREATE_FROM - e945301) [This document] [view current proposal at this moment]
  • Committee of the Whole Amendments to Substitute Proposition Number 8 (introduced on 1910-12-01 09:30:00 - PROPOSE_DOCUMENT_AMENDMENT - e945305) [view current proposal at this moment]
    • Motion to Adopt the Committee Report (introduced on 1910-12-01 09:30:00 - PROCEDURE - e945306) [view current proposal at this moment]
      • None (introduced on 1910-12-01 09:30:00 - ADOPT_PROPOSAL - e945307) [view current proposal at this moment]
  • Motion to Read Substitute Proposition Number 8 a Third Time (introduced on 1910-12-01 09:30:00 - PROCEDURE - e945309) [view current proposal at this moment]
    • None (introduced on 1910-12-01 09:30:00 - ADOPT_PROPOSAL - e945310) [view current proposal at this moment]