Arizona weekly journal-miner., 1891-10-21


 mote the general welfare; ana ,ecure th' blessings of liberty to ourselves and our poster ity, do orisin and establish this constitution for the State of Arizona.
 ARTICLE l.
 The powers ot government of the State arr divided into three distinct departments: Th' executive. the Legislative. the judicial; and n, person or collection of persons, belonging C one of those departments shali exercise an, power properly belonging to either of th, others, except as hereinafter expressly diresteS or permitted.
 ART II.
 BILL or RIGHTS.
 Section l. Governments are instituted among men for the security Of life, liberty aud pro perty, and derive their just powers from th consent Of the governed; and to secure thcs, ends, the right to alter or reform is inherent fl the people
 Sec. 2 The union of the states of the United Stats of America Is bond of government su preme and indissoluble; the power Of the gen eral goyerament over a ' state or people l. enforce obedience b the constitution aud laws preme and iadisp table.
 Sec. 2. The military shall at all times be iu strict SUI orna ion 10 the civil power No soldier shall, .l time of peare. be quartered in any h use without the onsc lt of ihe owner nor in time Of war but in the manner prescribed by law.
 Sec {. The right of the people to keep or bear arms for their own defense and that of the government shall not be inf inged The legis- iatnre shall have power Co regulate the wearing
 
 Sec. 5. 1he civil rights of the people shall not be abridged except on conviction for crime.
 Sec C. The right of the people to be secure in their persons. houses papers and effects shall not be violated: and no warrant shall issue but on probable cause, supported by oath or amrmauon, and particularly describing the place to be searched, and the person, or things to be seized
 Sec: ' No person shall be held to answer for capital, or otherwise infamous crime, unless on a presentmeat or indictment of . grand jury, or by information based upon an affidavit as may be pIe e-cribei by law except in cases arising fu the land or nsvsl forces or fin the militia. when in active service in time of war or public danger; nor saall any one be subject, Tor the same oaenss, 10 be twice put in jeopardy of life or limb: nor shall be compelled in any criminal cass to be @ witness against himself; nor to be deprived of life. liberty or propesty without the d1e proc s oflaw.
 Sec In sill criminal prosecu ions. the &C., cused shall enjoy the right to q speedy and public trial by an impartial jury of the county wherein the crime shall have been committed: to be informed O. the nature and cause of ths accusation by copy Of he ; to be con- fronted with the witnesses agsins. him; deposi- ton of non-residents of the state, or invalid self and counsel as the law may prescribe: to nave compulsory proc ss fo- obtaining wit nesses. in his favor free and to have the assis- tsnce or counsel for his defen'e e.
 Sec. g. person arrested shall immediately De tskenoefo e.a ma yistrate having iurisdic ion. to be dealt with according to law: beforN con-
  nity beyond the necessary precautions to pse- vent escape or resc- C: he shall bs permitted to converse with sunsel at all times. and with other persons at reasonable hours and under safe conditions.
 Sec. To- In suit at common law aad in the trial Of crtmcs, not felonies, the legislature may provide that verdict be by concurrence Of three-fourths of the jury.
 Sec III, In suits at common law where the value in controversy shall exceed twenty dol lars, the right of tal by jury shall be pre- peryed
 Sec. F. All prisoners sSaI be bailable. by sufficient suretties unless for eapiiai ofense when the pIoof IS evident This provision shall not be So construed. as 10 prevent ball after indictment, found, or iuformAIiol filed. upcn examination of the evidence in such man. ner as may be prescribed by law.
 Sec ls The writ of habeas corpus, Is a writ of right and shall never be suspended. The Legislature sha enact laws 10 render the remedy speedy and effectuaL
 Sec IA Excessive bail shall not be required nor excessive fines imposed, LOT cruel nor un- usual punishm nt inflicted.
 Sec 10 An courts shall be open, and every person for an injury done him In his lands goods person, CT reputation, shall have remedy by due course oflsw.
 Sec. le. No bili of aitainder or er pos. facto law impairing the obligation of contrac,s shall bs made No conviction shah work corruption of blood or forfeiture of estate. The eold and iyer coin of the Unit q States shall be equally legal tender for all debts and obligations con tracted In this State any contract 10 The con. trary notwithstanding.
 se:s l7. No person st all ever be imprisoned Tor debt except In case Of fraud.
 See IS No person shall be outlswed, nor shall any rersSn be { ansported ont of the state for any offehse committed within the Sec. D. Perpetui'ies and monopolIes are con. trary fC the genius of free government and shall never be allowed All grants of corpor. ate or other franchises shall be subject to legis- lative control repeal or am. ndmen'
 Sec 3t The people shall have the right in peaeeae.s manner to assemble together for fheir common good, and spply to those invested with the powers of government for redress of grievances or other purposes, by petition ed- dress or remonstrance.
 Sec Fl. The free exercise and enjoyment of religious profession and worship without dis elimination or preference shall forever be guar anteed in this State. and no person shall be rendered competent to hold any office of trust or pfoh or to s"rye as witness or juror be- cause Of his opinion on any matter of reli ious belief whatever; but the hber.y of conscience herein secured shall not be construed so ss 10 excuse acts of licentiousness CT Justify practices inconsistent with the peace or safety of the are felonies. and persons found guilty of either nalI De punished as those convicted of other Sec B: Every person may freely speak write and publish on all subjects, being respon. sible for the abuse of that liberty Sec. "A Elections shall be open free and equal; , ana no power civil or military. shall Ut exercise Of the right of the suffrage Sec 25. No property qualifications shall ever oe required for any person to vote or hold Sec. 20. Private property shall never be taken or damage except for public use, and | nos .nen without due compensation therefor. pubic uses Private ways Of necessity and for | reservoirs. drains, fumes ditches, roads rat- | roads ,, tramways. telephone and telegraph l lines, pipe lines, sewers, electric lines. and | bucket lines. Oh or across the lands of others l Tor the purpose of agricultural mining milling, | domesne, s , ye,stoss or sanitary purposes; and Sec, S No lottery shaiI ever be ? rmitted in | Sec. 9. The right-of.way over mountain | passes and through canons is granted fo sii | upon such terms and regulations may, be | prescribed by law.
 Sec; %. The railroads of this State are de- clared 10 be public highways.
 Sec. Sl No person shall be imprisoned for | he purpose of securing his testimony longer | han may be necessary to take his deposition, | end the taking of said deposiiion. Dispositions 70 taken, if in presence Of defendant and his | Sec. g. Ths enumeration in this Constitu- ion of certain rights shall not be construed to ,eny impair CT disparsge others retained by | he people.
 ART. TIL
 ExEcUTIve DEPARTMENT.
 Section l. The executive department of this tate shall consist Of q governor. secre ary of tate, state auditor, state treasurer attorney 1 'eneral ana supe intendent Of public fnstruc- ! ion, all oi whom shall hold their offices for e rm of four years, and until their successors hall be elected and quslised. each of whom hall. during his term of office. reside and keep is ofi!ce and the public records and papers be- onging thereto at the seat of government Sec z The chief eXecutiyf power of the tate ga te vested in the governor
 ec * No person shall c eligible ts the fnce of govert or who has not been & citizen ofd ne United states for period cf .cn years, and ' this state or erritory fnr & period of four ears prioa to his election, aud .sho has not at- alned the age of thirty years prior thereto Sec. 1. The governor, secretary of state tate enditor, state treasurer attorney gencrrs hd superintendent Of public ins Tucii0u shaR e elected by the qualified electors Of ths state Y large at the time and place Of choosing E,cln- 'ers Of the legislature.
 Ser. 5 The retu-ns of each election therefor haii ne made in such manner Bs is or may be fescribed hY law. The person having ths | lghesl number of votes for each of the respec- 1 we oncss, shall he declared duls elected | hereto; but II two or more shRil be equal. and lgnest in votes for the same office one of them haii be cleo ed by the joint vote of both knu,es ! the legislature. ss las next session after tae lection at wh ch such Tie vote occnrted, and a laiority Of inc yoies Of all the members elected } both houses shall be necessary to a choice. Sec. G. The governor sha be commander l chief of the military 1-rcss of the State ex- ept when they are called into service Of the nited States, and he may call out sucn for es D execute the laNs suppress insrrrectinn e d { epel invasion. He shall have power to convene :