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Document introduced in:

Session 16306: 1910-12-06 14:00:00

The Convention considers the Committee of the Whole report Articles IV through VI, VIII, and XX and adopts Articles IV through VI.

Document View:

Draft of the Arizona Constitution, Part 2

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Sec. 17. The Legislature shall never grant any extra compensation to any public officer, agent, servant or contractor after the services shall have been rendered or the contract entered into, nor shall the compensation of any public officer be increased or diminished during his term of office.

Sec. 18. The Legislature shall direct by law in what manner and in what courts suits may be brought against the State.

Sec. 19. The Legislature shall not pass local or special laws in any of the following cases, that is to say:

1. Granting divorces.

2. Locating or changing county seats.

3. Changing rules of evidence.

4. Changing the law of descent or succession.

5. Regulating the practice of courts of justice.

6. Limitation of civil actions or giving effect to informal or invalid deeds.

7. Punishment of crimes and misdemeanors.

8. Laying out, opening, altering or vacating roads, plats, streets, alleys and public squares.

9. Assessment and collection of taxes.

10. Regulating the rate of interest on money.

11. The conduct of elections.

12. Affecting the estates of deceased persons or of minors.

13. Granting to any corporation, association, or individual any special or exclusive privileges, immunities or franchises.

14. Remitting fines, penalties, and forfeitures.

15. Changing names of persons or places.

16. Regulating the jurisdiction and duties of justices of the peace.

17. Incorporation of cities, towns or villages, or amending their charters.

18. Relinquishing any indebtedness, liability, or obligation to this State.

19. Summoning and empanelling of juries.

20. When a general law can be made applicable.

Sec. 20. The general appropriation bill shall embrace nothing but appropriations for the different departments of the State, for State institutions, for public schools, and for interest on the public debt. All other appropriations shall be made by separate bills, each embracing but one subject.

Sec. 21. The members of the first Legislature shall hold office until January 1, 1913. The terms of office of the members of succeeding Legislatures shall be two years.

Sec. 22. Until otherwise provided by law, members of the Legislature shall receive seven dollars per day; provided, however, that they shall receive such salary for a period not to exceed sixty days in any one session. They shall also receive mileage one way by the shortest practicable route at the rate of twenty cents per mile.

Sec. 23. It shall not be lawful for any person holding public office in this State to accept or use a pass or to purchase transportation from any railroad or other corporation, other than as such transportation may be purchased by the general public; Provided that this shall not apply to members of the National Guard of Arizona traveling under orders. The Legislature shall pass laws to enforce this provision.

ARTICLE V.

EXECUTIVE DEPARTMENT.

Sec. 1. The executive department of the State shall consist of governor, secretary of state, state auditor, state treasurer, attorney general, and superintendent of public instruction, each of whom shall hold his office for two years beginning on the first Monday of January next after his election, except that the terms of office of those elected at the election provided for in the Enabling Act approved June 20, 1910, shall begin when the state shall be admitted into the Union, and shall end on the first Monday in January, A.D. 1913, or when their successors are elected and qualified

The persons, respectively, having the highest number of votes cast for the office voted for shall be elected; but if two or more persons shall have an equal and the highest number of votes for any one of said offices, the two Houses of the Legislature at its next regular session shall elect forthwith, by joint ballot, one of such persons for said office.

The officers of the executive department during their terms in office shall reside at the seat of government, where they shall keep their offices and the public records, books and papers. They shall perform such duties as are prescribed by this Constitution as may be provided by law.

Sec. 2. No person shall be eligible to any of the offices mentioned in Section 1 of this article except a male person of the age of not less than twenty-five years who shall have been for ten years next preceding his election a citizen of the United States and for five years next preceding his election a citizen of Arizona.

Sec. 3. The governor shall be commander-in-chief of the military forces of the state except when such forces shall be called into the service of the United States.

Sec. 4. The governor shall transact all executive business with the officers of the government, civil and military and may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices. He shall take care that the laws be faithfully executed. He may convene the legislature in extraordinary session. He shall communicate, by message, to the legislature at every session the condition of the state and recommend such matters as he shall deem expedient.

Sec. 5. The governor shall have power to grant reprieves, commutation and pardons after convictions for all offenses except treason and cases of impeachment upon such conditions and with such restrictions and limitations as may be provided by law.

Sec. 6. In the case of the impeachment of the governor, or his removal from office, death, inability to discharge the duties of his office, resignation, or absence from the state, the powers and duties of the office shall devolve upon the Secretary of State until the disability ceases, or during the remainder of the term.

Sec. 7. Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor. If he approve, he shall sign it, and it shall become a law as provided in this Constitution. But if he disapprove, he shall return it, with his objections, to the House in which it originated, which shall enter the objections at large on the journal. If after reconsideration it again passes both Houses by an aye and nay vote on roll call of two-thirds of the members elected to each House, it shall become a law as provided in this Constitution, notwithstanding the Governor's objections. This Section shall not apply to emergency measures as referred to in Section 1 of the Article on the Legislative Department.

If any bill be not returned within five days after it shall have been presented to the Governor (Sunday excepted) such bill shall become a law in like manner as if he had signed it, unless the Legislature by its final adjournment prevents its return, in which case it shall be filed with his objections in the office of the Secretary of State within ten days after such adjournment (Sundays excepted) or become a law as provided in this Constitution. After the final action by the Governor, or following the adoption of a bill notwithstanding his objection, it shall be filed with the Secretary of State.

If any bill presented to the Governor contains several items of appropriations of money, he may object to one or more of such items, while approving other portions of the bill. In such case he shall append to the bill at the time of signing it, a statement of the item or items which he declines to approve, together with his reasons therefor, and such item or items shall not take effect unless passed over the Governor's objections as in this section provided.

The veto power of the Governor shall not extend to any bill passed by the Legislature and referred to the people for adoption or rejection.

Sec. 8. When any office shall for any cause, become vacant, and no mode shall be provided, by the Constitution or by law for filling such vacancy the governor shall have the power to fill such vacancy by appointment.

Sec. 9. The powers and duties of Secretary of State, State Treasurer, State Auditor, Attorney General and Superintendent of Public Instruction shall be as prescribed by law.

Sec. 10. No person shall be eligible to succeed himself to the office of State Treasurer for the succeeding two years after the expiration of the term for which he shall have been elected.

Sec. 11. The returns of the election for all state officers shall be canvassed, and certificates of election issued by the Secretary of State, in such manner as may be provided by law.

Sec. 12. All commissions shall issue in the name of the state, and shall be signed by the governor, sealed with the seal of the state and attested by the Secretary of State.

Sec. 13. Until otherwise provided by law the salaries of the state officers shall be as follows:

Governor, four thousand dollars per annum.

Secretary of State, three thousand five hundred dollars per annum.

State Auditor, three thousand dollars per annum.

State Treasurer, three thousand dollars per annum.

Attorney General, twenty-five hundred dollars per annum.

Superintendent of Public Instruction, twenty-five hundred dollars per annum.

ARTICLE VI.

JUDICIAL DEPARTMENT.

Sec. 1. The judicial power of the State shall be vested in a supreme court, superior courts, justices of the peace, and such courts inferior to the superior courts as may be provided by law.

Sec. 2. The Supreme Court shall consist of three judges, a majority of whom shall be necessary to form a quorum and pronounce a decision. The said court shall always be open for the transaction of business, except on non-judicial days. In the determination of causes, all decisions of the court shall be given in writing, and the grounds of the decisions shall be stated. The number of judges may be increased or diminished from time to time by law; provided, that said court shall at times be constituted of at least three judges.

Sec. 3. Judges of the Supreme Court shall be elected at the general election to be held under the provisions of the Enabling Act approved June 20, 1910. Their term of office shall be co-terminous with that of the Governor of the State elected at the same time and the one receiving the highest number of votes shall be the chief justice. At the first general State election thereafter, held under this Constitution, at which a governor is voted for, three judges of the supreme court shall be elected and the judges elected thereat shall be classified by lot, so that one shall hold office for a term of six years, and one for a term of four years, and one for a term of two years, from and after the first Monday in January next succeeding said election. The lot shall be drawn by the judges-elect, who shall assemble for that purpose at the State Capitol and shall cause the results to be certified to the Secretary of State, who shall file the same in his office.

The judge having the shortest time to serve and not holding his office by appointment, or by election to fill a vacancy, shall be the chief justice and shall preside at all sessions of the supreme court. In case of absence of the chief justice, the judge having in like manner the shortest time to serve shall preside.

After the first State election one judge shall be elected every two years at the general election and the term of the judge elected shall be six years from and after the first Monday in January next succeeding his election and judges so elected shall hold office until their successors are elected and qualify.

If a vacancy occur in the office of a judge of the supreme court the Governor shall appoint a person to fill such vacancy until the election and qualification of a judge to hold said office, which election shall take place at the next succeeding general election, and the person so elected shall hold office for the remainder of the unexpired term.

Whenever for any reason any judge shall be disqualified from acting in any cause brought before said court, the remaining judges of said court shall call one of the judges of the Superior Court to sit with them on the hearing of said cause.

The sessions of the Supreme Court shall be held at the seat of government.

The judges of the Supreme Court shall be elected at the general State election by the qualified electors of the State at large. The names of all candidates for the office of judge of the supreme court shall be placed on the regular ballot in alphabetical order without partisan or other designation except the title of the office.

Sec. 4. The Supreme Court shall have original jurisdiction in habeas corpus and quo warranto and mandamus as to all State officers. It shall have appellate jurisdiction in all actions and proceedings, but its appellate jurisdiction shall not extend to civil actions at law for recovery of money or personal property where the original amount in controversy or the value of the property does not exceed the sum of two hundred dollars, unless the action involves the validity of a tax, impost, assessment, toll, municipal fine or statute.

The Supreme Court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction.

The Supreme Court shall have original and exclusive jurisdiction to hear and determine all causes between counties concerning disputed boundaries and surveys thereof or concerning claims of one county against another. Such trials shall be to the court, without a jury.

Each judge of the Supreme Court shall have power to issue writs of habeas corpus to any part of the state upon petition by, or on behalf of any person held in actual custody, and may make such writs returnable before himself or before the supreme court, or before any superior court of the state or any judge thereof.

Sec. 5. There shall be in each of the organized counties of the state a superior court, for which at least one judge shall be elected by the qualified electors of the county at the general election; provided, that for each county having a census enumeration greater than thirty thousand inhabitants, one judge of the superior court for every additional thirty thousand inhabitants, or majority fraction thereof may be provided by law. In any county where there shall be more than one judge of the superior court, there may be as many sessions of the superior court at the same time as there are judges thereof, and the business of the court shall be so distributed and assigned by law, or in the absence of legislation therefor, by such rules and orders of the court, as shall best promote and secure the convenient and expeditious transaction thereof.

The judgments, decrees, orders and proceedings of any session of the superior court held by any one or more of the judges of such court shall be equally effectual as if all the judges of said court had presided at such session.

The first judges of the superior court shall be elected at the general election to be held under the provisions of the Enabling Act approved June 20, 1910. Their term of office shall be co-terminous with that of the Governor of the State elected at the same time. Thereafter the term of office of all judges of the superior court shall be four years, from and after the first Monday in January next succeeding their election and until their successors are elected and qualify.

All judges of the superior court judges shall be elected at the general state election by the qualified electors of their respective counties. The names of all candidates for the office of judge of the superior court shall be placed on the regular ballot in alphabetical order, without any partisan or other designation except the title of the office. If a vacancy occur in the office of judge of the superior court, the Governor shall appoint a person to fill the vacancy until the election and qualification of a judge to hold said office, which election shall be at the next succeeding general election, and the judge so elected shall hold office for the remainder of the unexpired term.

Sec. 6. The superior court shall have original jurisdiction in all cases of equity and in all cases at law which involve the title to, or the possession of, real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand or the value of property in controversy amounts to two hundred dollars and in all criminal cases amounting to felony, and in all cases of misdemeanor not otherwise provided for by law; of actions of forcible entry and detainer; of proceedings of insolvency; of actions to prevent or abate nuisance; of all matters of probate; of divorce and for annulment of marriage; and for such special cases and proceedings as are not otherwise provided for.

The superior court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court, and said court shall have the power of naturalization, and to issue papers therefor. Said court shall have such appellate jurisdiction in cases arising in Justices and other inferior courts in their respective counties, as may be prescribed by law. The process of said court shall extend to all parts of the State.

The superior court shall have exclusive original jurisdiction in all proceedings and matters affecting dependent, neglected, incorrigible, or delinquent children, or children accused of crime, under the age of eighteen years. The judges of said courts must hold examinations in chambers of all such children concerning whom proceedings are brought, in advance of any criminal prosecution of such children, and shall have the power, in their discretion, to suspend criminal prosecution for any offenses that may have been committed by such children. The powers of said judges to control such children shall be as prescribed by law.

The superior court shall at all times, except on non-judicial days, be open for the determination of non-jury civil causes and for the transaction of business. For the determination of civil causes and matters in which a jury demand has been entered, and for the trial of criminal causes, a trial jury shall be drawn and summoned from the body of the county at least three times a year.

Superior courts and their judges shall have the power to issue writs of mandamus, quo warranto, review, certiorari, prohibition, and writs of habeas corpus on petition by, or on behalf of, any person in actual custody in their respective counties. Injunctions, attachments, and writs of prohibition, and of habeas corpus may be issued and served on legal holidays and non-judicial days. Grand juries shall be drawn and summoned only by order of the superior court.

Sec. 7. The judge of any superior court may hold a superior court in any county at the request of the judge of the superior court thereof, and, in the case of the disqualification or the inability of the judge thereof to serve, and upon the request of the Governor, shall do so.

Sec. 8. Any judicial officer who shall absent himself from the state for more than sixty consecutive days shall be deemed to have forfeited his office; provided that in cases of extreme necessity, the Governor may extend the leave of absence such time as the necessity therefor shall exist.

Sec. 9. The numbers of justices of the peace to be elected in incorporated cities and towns and in precincts, and the powers, duties and jurisdictions of justices of the peace, shall be determined by law; provided that such jurisdiction granted shall not trench upon the jurisdiction of any court of record, except that said justices shall have concurrent jurisdiction with the superior court in cases of forcible entry and detainer, where the rental value does not exceed twenty-five dollars per month, and where the whole amount of damage claimed does not exceed two hundred dollars, and provided that justices of the peace may be made police justices of incorporated cities and towns. Prosecution may be instituted in courts other than courts of record upon sworn complaint.

Sec. 10. The supreme court and superior courts shall be courts of record. Other courts of record may be established by law, but courts of justices of the peace shall not be courts of record.

The salaries of the judges of the supreme court shall be paid by the state. One-half of the salary of each of the judges of the superior court shall be paid by the state, and and the other one-half by the county for which he is elected. Until otherwise provided by law, each of the judges of the supreme court shall receive an annual salary of five thousand dollars. Until otherwise provided by law, the judges of the superior courts in and for the counties of Maricopa, Pima, Yavapai, Gila, and Cochise shall each receive four thousand dollars per annum; and the judges of the superior courts in and for the counties of Coconino, Apache, Navajo, Santa Cruz, Yuma, Pinal, Graham, Greenlee and Mohave, shall each receive three thousand dollars per annum.

Sec. 11. Judges of the Supreme Court and judges of the superior courts shall not be eligible to any office or public employment, other than a judicial office of employment during the term for which they shall have been elected.

Sec. 12. Judges shall not charge juries with respect to matters of fact nor comment thereon, but shall declare the law.

No judge of a court of record shall practice law in any court in this state during his continuance in office.

Sec. 13. No person shall be eligible for the office of judge of the supreme court unless he shall be learned in the law, at least thirty years of age, and shall have been a judge of or admitted to practice before, the highest court of Arizona, for at least five years, and shall have been a resident of Arizona for five years next preceding his election.

No person shall be eligible for the office of judge of the superior court unless he shall be learned in the law, at least twenty-five years of age and shall have been admitted to practice before the highest court of Arizona, for at least two years and shall have been a resident of Arizona for two years next preceding his election.

Sec. 14. The judges of the supreme court shall appoint a reporter for the decisions of that court, who shall be removable at their pleasure. He shall receive such annual salary as may be prescribed by law; and the supreme court shall have the power to fix said salary until such salary shall be determined by law.

Sec. 15. Every case submitted to the judge of a superior court for his decision shall be decided within sixty days from the submission thereof, provided that if within said period of sixty days, a re-hearing shall have been ordered, the period within which he must decide shall commence at the time the case is submitted on such rehearing.

Sec. 16. Provisions for the speedy publication of the opinions of the supreme court shall be made by law, and all opinions shall be free for publication by any person.

Sec. 17. The judges of the supreme court shall appoint a clerk of that court, who shall be removable at their pleasure and shall receive such compensation by salary only, as may be provided by law; and the supreme court shall have power to fix said salary until such salary shall be determined by law.

Sec. 18. There shall be elected in each county by the qualified electors thereof at the time of the election of judges of the superior court thereof a clerk of the superior court, for a term of four years, who shall have such powers and perform such duties and receive such compensation by salary only, as shall be provided by law. Until such salary shall be fixed by law the board of supervisors shall fix such salary.

Sec. 19. The judges of superior courts may appoint such court commissioners in their respective counties as may be deemed necessary, who shall have such powers and perform such duties and receive such compensation as may be provided by law.

Sec. 20. The style of all process shall be "The State of Arizona," and all prosecutions shall be conducted in the name of the State of Arizona and by its authority.

Sec. 21. Every judge of the supreme court and every judge of the superior court shall before entering upon the duties of his office, take and subscribe an oath that he will support the Constitution of the United States and the Constitution of the State of Arizona, and will faithfully and impartially discharge the duties of judge to the best of his ability, which oath shall be filed in the office of the Secretary of State.

Sec. 22. The pleadings and proceedings in criminal causes in the courts shall be as provided by law. No cause shall be reversed for technical error in pleading or proceedings when upon the whole case it shall appear that substantial justice has been done.

Sec. 23. All laws relating to the authority, jurisdiction, practice and procedure of district and probate courts, under laws heretofore enacted by the Legislative Assembly of the Territory of Arizona and in force at the time of the admission of the State into the Union, and not inconsistent with this Constitution, shall, so far as applicable, apply to and govern superior courts, until altered or repealed. Until otherwise provided, superior courts shall have the same appellate jurisdiction in cases arising in courts of justices of the peace, as district courts now have under said law.

Sec. 24. No change made by the Legislature in the number of judges shall work the removal of any judge from office; and no judge's salary shall be reduced during the term of office for which he was elected.

ARTICLE VIII.

REMOVAL FROM OFFICE.

1. RECALL OF PUBLIC OFFICERS.

Sec. 1. Every public officer in the State of Arizona, holding an elective office, either by election or appointment, is subject to recall from such office by the qualified electors of the electoral district from which candidates are elected to such office. Such electoral district may include the whole State. Such number of said electors as shall equal twenty-five per centum of votes cast at the last preceding general election for all of the candidates for the office held by such officer, may by petition, which shall be known as a Recall Petition, demand his recall.

Sec. 2. Every Recall Petition must contain a general statement, in not more than two hundred words, of the grounds of such demand, and must be filed in the office in which petitions for nominations to the office held by the incumbent are required to be filed. The signatures to such Recall Petition need not all be on one sheet of paper, but each signer must add to his signature the date of his signing said petition, and his place of residence, giving his street and number, if any, should he reside in a town or city. One of the signers of each sheet of such petition, or the person circulating such sheet, must make and subscribe an oath on said sheet, that the signatures thereon are genuine.

Sec. 3. If said officer shall offer his resignation it shall be accepted, and the vacancy shall be filled as may be provided by law. If he shall not resign within five days after a Recall Petition is filed, a special election shall be ordered to be held not less than twenty, nor more than thirty days after such order, to determine whether such officer shall be recalled. On the ballots at said election shall be printed the reasons as set forth in the petition for demanding his recall, and, in not more than two hundred words, the officer's justification of his course in office. He shall continue to perform the duties of his office until the result of said election shall be officially declared.

Sec. 4. Unless he otherwise request, in writing, his name shall be placed as a candidate on the official ballot without nomination. Other candidates for the office may be nominated to be voted for at said election. The candidate who shall receive the highest number of votes, shall be declared elected for the remainder of the term. Unless the incumbent receive the highest number of votes, he shall be deemed to be removed from office, upon qualification of his successor. In the event that his successor shall not qualify within five days after the result of said election shall have been declared, the said office shall be vacant, and may be filled as provided by law.

Sec. 5. No Recall Petition shall be circulated against any officer until he shall have held his office for a period of six months, except that it may be filed against a member of the Legislature at any time after five days from the beginning of the first session after his election. After one Recall Petition and election, no further Recall Petition shall be filed against the same officer during the term for which he was elected, unless petitioners signing such petition shall first pay into the public treasury which has paid such election expenses, all expenses of the preceding election.

Sec. 6. The general election laws shall apply to recall elections in so far as applicable. Laws necessary to facilitate the operation of the provisions of this article shall be enacted, including provision for payment by the public treasury of the reasonable special election campaign expenses of such officer.

2. IMPEACHMENT.

Sec. 1. The House of Representatives shall have the sole power of impeachment. The concurrence of a majority of all the members shall be necessary to an impeachment. All impeachments shall be tried by the Senate, and, when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to law and evidence, and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be on trial, or otherwise disqualified, the Senate shall elect a judge of the Supreme Court to preside.

Sec. 2. No person shall be convicted without a concurrence of two-thirds of the Senators elected. The Governor and other State and judicial officers, except justices of courts not of record, shall be liable to impeachment for high crimes, misdemeanors, or malfeasance in office, but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit in the State. The party, whether convicted or acquitted, shall, nevertheless, be liable to trial and punishment according to law.

Sec. 3. All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office, in such manner as may be provided by law.

ARTICLE XX.

ORDINANCE.

The following ordinance shall be irrevocable without the consent of the United States and the people of this State:

First. Perfect toleration of religious sentiment shall be secured to every inhabitant of this State, and no inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship, or lack of the same.

Second. Polygamous or plural marriages, or polygamous co-habitation, are forever prohibited within this State.

Third. The sale, barter, or giving of intoxicating liquors to Indians and the introduction of liquors into Indian country are forever prohibited within this State.

Fourth. The people inhabiting this State do agree and declare that they forever disclaim all right and title to the unappropriated and ungranted public lands lying within the boundaries thereof and to all lands lying within said boundaries owned or held by any Indian or Indian tribes, the right or title to which shall have been acquired through or from the United States or any prior sovereignty, and that, until the title of such Indian or Indian tribes shall have been extinguished, the same shall be, and remain, subject to the disposition and under the absolute jurisdiction and control of the Congress of the United States.

Fifth. The lands and other property belonging to the citizens of the United States residing without this State shall never be taxed at a higher rate than the lands and other property situated in this State belonging to residents thereof, and no taxes shall be imposed by this State upon lands or property situated in the State, belonging to or which maybe hereafter acquired by the United States or reserved for its use; but nothing herein shall preclude the State from taxing as other lands and other property are taxed, any lands and property outside of an Indian reservation owned or held by any Indian, save and except such lands as have been granted or acquired as aforesaid, or as may be granted or confirmed to any Indian or Indians under any Act of Congress, but all such lands shall be exempt from taxation so long and to such extent as Congress has prescribed or may hereafter prescribe.

Sixth. The debts and liabilities of the Territory of Arizona, and the debts of the counties thereof, valid and subsisting at the time of the passage of the Enabling Act approved June 20, 1910, are hereby assumed and shall be paid by the State of Arizona, and the State of Arizona shall, as to all such debts and liabilities, be subrogated to all the rights, including rights of indemnity and reimbursement, existing in favor of said Territory or of any of the several counties thereof, at the time of the passage of the said Enabling Act; Provided that nothing in this ordinance shall be construed as validating or in any manner legalizing any Territorial county, municipal, or other bonds, obligations, or evidences of indebtedness of said Territory or the counties or municipalities thereof which now are or may be invalid or illegal at the time the said State of Arizona is admitted as a State, and the Legislature or the people of the State of Arizona shall never pass any law in any manner validating or legalizing the same.

Seventh. Provisions shall be made by law for the establishment and maintenance of a system of public schools which shall be open to all the children of the State and be free from sectarian control, and said schools shall always be conducted in English.

The State shall never enact any law restricting or abridging the right of suffrage on account of race, color, or previous condition of servitude.

Eighth. The ability to read, write, speak, and understand the English language sufficiently well to conduct the duties of the office without the aid of an interpreter, shall be a necessary qualification for all State officers and members of the State Legislature.

Ninth. The capital of the State of Arizona, until changed by the electors voting at an election provided for by the Legislature for that purpose shall be at the City of Phoenix, but no such election shall be called or provided for prior to the thirty-first day of December, nineteen hundred and twenty-five.

Tenth. There are hereby reserved to the United States, with full acquiescence of this State, all rights and powers for the carrying out of the provisions by the United States of the Act of Congress entitled “An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands,” approved June 17, 1902, and Acts amendatory thereof or supplementary thereto, to the same extent as if this State had remained a Territory.

Eleventh. Whenever hereafter any of the lands contained within Indian reservations or allotments in this State shall be allotted, sold, reserved, or otherwise disposed of, they shall be subject, for a period of twenty-five years after such allotment, sale, reservation, or other disposal, to all the laws of the United States prohibiting the introduction of liquor into the Indian country.

Twelfth. The State of Arizona and its people hereby consent to all and singular the provisions of the Enabling Act approved June 20, 1910, concerning the lands thereby granted or confirmed to the State, the terms and conditions upon which said grants and confirmations are made, and the means and manner of enforcing such terms and conditions, all in every respect and particular as in the aforesaid Enabling Act provided.

Thirteenth. This ordinance is hereby made a part of the Constitution of the State of Arizona, and no future Constitutional amendment shall be made which in any manner changes or abrogates this ordinance in whole or in part without the consent of Congress.

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