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Colorado is like Iron on the periodic table. Iron is simple enough to express magnetic properties, but is not a magnet just sitting on your kitchen table. It is not too hot, not too cold. It is neither an old state nor a new one. In fact, it’s right in the middle of the map. That’s why they call it Hartsel, CO, as I understand..
.. say, what happens when a heart becomes diseased?
Colorado is also my home, so for me personally it follows I begin my own journey of exploration here. And for you?
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CONSTITUTION
OF THE
"7
State of Colorado
Edited and Indexed by
FRANK H. H. ROBERTS, A. M., Ph. D.
ADOPTED MARCH 14, 1876, AND RATIFIED JULY 1, 1876,
WITH AMENDMENTS.
Copyright, 1910
Herrick Book & Stationery Co.
4
V
ACKNOWLEDGEMENT
The editor is under great obligation to Wm. H. Gabbert,
Justice of the Supreme Court, and to Thomas P. Dillon,
Deputy Secretary of State, for valuable aid in preparing this
book.
NOTE
In preparing this edition of the Constitution, the editor
was unable to find a correctly printed copy of the Constitution
of Colorado, hence the original copies of the Constitution and
amendments thereto were used in preparing the copy. The
punctuation has been faithfully followed and where the orig-
inal was underscored boldface type has been used. The editor
has inserted at the beginning of each section a note printed
in boldface type.
©CI.A27U21
CONSTITUTION
OF THE
STATE OF COLORADO
PREAMBLE.
We, the People of Colorado, with profound reverence for
the Supreme Ruler of the Universe, in order to form a more
independent and perfect government; establish justice, insure
tranquility ; provide for the common defense; promote the gen-
eral welfare, and secure the blessings of liberty to ourselves
and our posterity, do ordain and establish this Constitution for
THE “STATE OF COLORADO.”
ARTICLE I.
Boundaries.
The boundaries of the State of Colorado, shall be as fol-
lows: Commencing on the thirty-seventh parallel of north
latitude, where the twenty-fifth meridian of longitude west
from Washington crosses the same; thence north, on said
meridian, to the forty-first parallel of north latitude; thence
along said parallel, west, to the thirty-second meridian of
longitude west from Washington; thence south, on said merid-
ian, to the thirty- seventh parallel of north latitude; thence
along said thirty-seventh parallel of north latitude to the place
of beginning.
ARTICLE 1 1.
Bill of Rights.
In order to assert our rights, acknowledge our duties, and
proclaim the principles upon which our government is founded,
we declare:
Sec. 1. Political power and origin of government. —
That all political power is vested in and derived from the
people; that all government, of right, originates from the
people, is founded upon their will only, and is instituted solely
for the good of the whole.
Sec. 2. The right to alter or abolish the government. —
That the people of this State have the sole and exclusive right
4 CONSTITUTION OF COLORADO.
of governing themselves, as a free, sovereign and independent
State; and to alter and abolish their Constitution and form of
government whenever they may deem it necessary to their
safety and happiness; Provided, Such change be not repugnant
to the Constitution of the United States.
Sec. 3. Inalienable rights. — That all persons have certain
natural, essential and inalienable rights, among which may be
reckoned the right of enjoying and defending their lives and
liberties; that of acquiring, possessing, and protecting prop-
erty; and of seeking and obtaining their safety and happiness.
Sec. 4. Religious freedom. — That the free exercise and
enjoyment of religious profession and worship, without dis-
crimination, shall forever hereafter be guaranteed; and no
person shall be denied any civil or political right, privilege, or
capacity, on account of his opinions concerning religion; but
the liberty of conscience hereby secured shall not be construed
to dispense with oaths or affirmations, excuse acts of licen-
tiousness, or justify practices inconsistent with the good order,
peace or safety of the State. No person shall be required to
attend or support any ministry or place of worship, religious
sect, or denomination against his consent. Nor shall any pref-
erence be given by law to any religious denomination or mode
of worship.
Sec. 5. Elections and suffrage. — 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. 6. Courts open to all. — That Courts of Justice shall be
open to every person, and a speedy remedy afforded for every
injury to person, property, or character; and that right and
justice should be administered without sale, denial, or delay.
Sec. 7. Searches and siezures. — That the people shall be
secure in their persons, papers, homes, and effects, from
unreasonable searches and seizures; and no warrant to search
any place or seize any person or thing shall issue without des-
cribing the place to be searched or the person or thing to be
seized, as near as may be, nor without probable cause, sup-
ported by oath or affirmation reduced to writing.
Sec. 8. Criminal proceedings by indictment. — That, until
otherwise provided by law, no person shall, for a felony, be
proceeded against criminally, otherwise than by indictment,
except in cases arising in the land or naval forces, or in the
militia when in actual service in time of war or public danger.
In all other cases, offenses shall be prosecuted criminally by
indictment or information.
Sec. 9. Treason, bill of attainder, suicide. — That treason
against the State can consist only in levying war against it, or
in adhering to its enemies, giving them aid and comfort; that
no person can be convicted of treason, unless on the testimony
CONSTITUTION OF COLORADO. 5
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 corrup-
tion of blood or forfeiture of estate; that the estates of such
persons as may destroy their own lives shall descend or vest
as in cases of natural death.
Sec. 10. Freedom of speech and the press. — That no law
shall be passed impairing- the freedom of speech; that every
person shall be free to speak, write or publish whatever he will
on any subject, being responsible for all abuse of that liberty;
and that in all suits and prosecutions for libel the truth
thereof may be given in evidence, and the jury, under the
direction of the Court, shall determine the law and the fact.
Sec. 11. Ex post facto laws. — That no ex post facto law,
nor law impairing the obligation of contracts, or retrospective
in its operation, or making any irrevocable grant of special
privileges, franchises or immunities, shall be passed by’ the
General Assembly.
Sec. 12. Imprisonment for debt. — That no person shall be
imprisoned for debt, unless upon refusal to deliver up his estate
for the benefit of his creditors, in such manner as shall be
prescribed by law, or in cases of tort or where there is a strong
presumption of fraud.
Sec. 13. Right to bear arms. — That the right of no person
to keep and bear arms in defense of his home, person and
property, or in aid of the civil power when thereto legally sum-
moned, shall be called in question; but nothing- herein con-
tained shall be construed to justify the practice of carrying
concealed weapons.
Sec. 14. Eminent domain. — That private property shall not
be taken for private use unless by consent of the owner, except
for private ways of necessity, and except for reservoirs, drains,
flumes or ditches on or across the lands of others, for agri-
cultural, mining-, milling, domestic or sanitary purposes-
Sec. 15. Eminent domain. — That private property shall not
be taken or damaged, for public or private use without just
compensation. Such compensation shall be ascertained by a
Board of Commissioners, of not less than three freeholders, or
by a jury, when required by the owner of the property, in such
manner as may be prescribed by law, and until the same shall
be paid to the owner, or into court for the owner, the property
shall not be needlessly disturbed, or the proprietary rig-hts of
the owner therein divested; and whenever ah 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. 16. Prosecutions, right of defendant. — That in crimi-
nal prosecutions the accused shall have the right to appear and
6 CONSTITUTION OF COLORADO. •
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 or district in which the offense is alleged to have
been committed.
Sec. 17. Right of witnesses. — That no person shall be im-
prisoned for the purpose of securing his testimony in any case
longer than may be necessary in order to take his deposition.
If he can give security he shall be discharged; if he cannot give
security, his deposition shall be taken by some Judge of the
Supreme, District or County Court, at the earliest time he can
attend, at some convenient place by him appointed for that
purpose, of which time and place the accused and the attorney
prosecuting for the people, shall have reasonable notice. The
accused shall have the right to appear in person and by coun-
sel. If he have no counsel, the Judge shall assign him one in
that behalf only. On the completion of such examination the
witness shall be discharged on his own recognizance, entered
into before said Judge, but such deposition shall not be used if
in the opinion of the Court the personal attendance of the wit-
ness might be procured by the prosecution, or is procured by
the accused. No exception shall be taken to such deposition
as to matters of form.
Sec. 18. Rights of accused. — That no person shall be com-
pelled to testify against himself in a criminal case, nor shall
any person be twice put in jeopardy for the same offense. If
the jury disagree, or if the judgment be arrested after verdict,
or if the judgment be reversed for error in law, the accused
shall not be deemed to have been in jeopardy.
Sec. 19. Right to bail. — That all persons shall be bailable
by sufficient sureties except for capital offenses, when the
proof is evident or the presumption great.
Sec. 20. Excessive bail. — That excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual
punishment inflicted.
Sec. 21. Habeas corpus. — That the privilege of the writ of
habeas corpus shall never be suspended, unless when in case of
rebellion or invasion, the public safety may require it.
Sec. 22. Military subordinate to civil power. — That the
military shall always be in strict subordination to the civil
power; that no soldier 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. 23. Trial by jury. — The right of trial by jury shall
remain inviolate in criminal cases; but a jury in civil cases in
all Courts, or in criminal cases in Courts not of record, may
consist of less than twelve men, as may be prescribed by law-
Hereafter a Grand Jury shall consist of twelve men, any nine
A
CONSTITUTION OF COLORADO. 7
of whom concurring may find an indictment: Provided, The
General Assembly may change, regulate or abolish the Grand
Jury system.
Sec. 24. Right of petition. — That the people have the right
peaceably to assemble for the common good, and to apply to
those invested with the powers of government for redress of
grievances, by petition or remonstrance.
Sec. 25. Due process of law. — That no person shall be
deprived of life, liberty, or property, without due process of
law.
Sec. 26. Slavery. — That there shall never be in this State
either slavery or involuntary servitude, except as a punishment
or crime, whereof the party shall have been duly convicted.
Sec. 27. Property rights of Aliens. — Aliens, who are or
who may hereafter become bona fide residents of this State,
may acquire, inherit, possess, enjoy and dispose of property,
real and personal, as native born citizens.
Sec. 28. Rights reserved. — The enumeration in this Con-
stitution of certain rights shall not be construed to deny,
impair, or disparage, others retained by the people.
ARTICLE III.
Distribution of Powers.
The powers of the government of this State are divided
into three distinct departments, — the Legislative, Executive and
Judicial; and no person or collection of persons, charged with
the exercise of powers properly belonging to one of these
departments shall exercise any power properly belonging to
either of the others, except as. in this Constitution expressly
directed or permitted.
ARTICLE IV.
Executive Department.
Sec. 1. Elective executive officers. — The Executive De-
partment shall consist cf a Governor, Lieutenant Governor,
Secretary of State, Auditor of State, Stale Treasurer, Attorney
General, and Superintendent of Public Instruction, each of
whom shall hold his office for the term of two years, begin-
ning on the second Tuesday of January next after his election;
Provided, That the terms cf office of those chosen at the first
election held under this Constitution shall begin on the day
appointed for the first meeting of the General Assembly. The
officers of the Executive Department, except the Lieutenant
Governor, shall, during their term of office, reside at the seat
of government, where they shall keep the public records, books
and papers. They shall perform such duties as are prescribed
by this Constitution or by law.
8 CONSTITUTION OF COLORADO.
Sea. 2. The Governor. — The supreme executive power of
the State shall be vested in the Governor, who shall take care
that the laws be faithfully executed. \
Sec. 3. Elections, vote canvassed. — The officers named in
section one of this article, shall be chosen on the day of the gen-
eral election, by the qualified electors of the State. The returns
of every election for said officers shall be sealed up and trans-
mitted to the Secretary of State, directed to the Speaker of
the House of Representatives, who shall immediately, upon the
organization of the House, and before proceeding to other
business, open and publish the same in the presence of a major-
ity of the members of both Houses of the General Assembly,
who shall for that purpose assemble in the House of Repre-
sentatives. The person having the highest number of votes
for either of said offices shall be declared duly elected, but if
two or more have an equal and the highest number of votes
for the same office, one of them shall be chosen thereto by the
two Houses, on joint ballot. Contested elections for said offices
shall be determined by the two Houses, on joint ballot, in such
manner as may be prescribed by law.
Sec. 4. Eligibility. — No person shall be eligible to the
office of Governor, Lieutenant Governor, or Superintendent of
Public Instruction unless he shall have attained the age of
thirty years, nor to the office of Auditor of State, Secretary of
State, or State Treasurer, unless he shall have attained the
age of twenty-five years, nor to the office of Attorney General
unless he shall have attained the age of twenty-five years,
and be a licensed attorney of the Supreme Court of the State,
or of the Territory of Colorado, in good standing. At the first
election under this Constitution, any person being a qualified
elector at the time of the adoption of this Constitution, and .
having the qualifications above herein prescribed for any one
of said offices shall be eligible thereto; but thereafter no per-
son shall be eligible to any one of said offices unless, in addi-
tion to the qualifications above prescribed therefor, he shall be
a citizen of the United States, and have resided within the
limits of the State two years next preceding his election.
Sec. 5. Commander-in-chief of militia. — The Governor
shall be commander-in-chief of the military forces of thc^
State, except when they shall be called into actual service of
the United States. He shall have power to call out the militia
to execute the laws, suppress insurrection or repel invasion.
Sec. 6. Appointment of officers — Vacancies. — The Govern-
or shall nominate, and by and with the consent of the Senate,
appoint all officers whose offices are established by this Con-
stitution, or which may be created by law, and whose appoint-
ment or election is not otherwise provided for, and may remove
any such officer for incompetency, neglect of duty or malfeas-
ance in office. If during the recess of the Senate a vacancy
occur in any such office, the Governor shall appoint some fit
CONSTITUTION OF COLORADO. 9
person to discharge the duties thereof until the next meeting
of the Senate, when he shall nominate some person to fill such
office. If the office of Auditor of State, State Treasurer, Secre-
tary of State, Attorney General, or Superintendent of Public
Instruction shall be vacated by death, resignation or otherwise,
it shall be the duty of the Governor to fill the same by appoint-
ment, and the appointee shall hold his office until his successor
shall be elected and qualified in such manner as may be provided
by law. The Senate in deliberating upon executive nominations
may sit with closed doors, but in acting upon nominations they
shall sit with open doors, and the vote shall be taken by ayes
and noes, which shall be entered upon the journal.
Sec. 7. Reprieves, commutations and pardons. — The Gov-
ernor shall have power to grant reprieves, commutations and
pardons after conviction, for all offenses except treason, and
except in case of impeachment, subject to such regulations as
may be prescribed by law relative to the manner of applying
for pardons, but he shall in every case where he may exercise
this power, send to the General Assembly, at its first session
thereafter, a transcript of the petition, all proceedings, and the
reasons for his action.
Sec. 8. Governor’s messages. — The Governor may require
information in writing from the officers of the Executive
department upon any subject relating to the duties of their
respective offices, which information shall be given upon oath
whenever so required; he may also require information in writ-
ing at any time, under oath, from all officers and managers of
State institutions, upon any subject relating to the condition,
management and expenses of their respective offices and insti-
tutions. The Governor shall, at the commencement of each
session, and from time to time, by message, give to the General
Assembly information of the_condition of the State, and shall
recommend such measures as he shall deem expedient. He shall
also send to the General Assembly a statement, with vouchers,
of the expenditures of all moneys belonging to the State and
paid out by him. He shall, at the commencement of eacli
session, present estimates of the amount of money required to
be raised by taxation for all purposes of the State.
Sec. 9. Extraordinary sessions of General Assembly and
Senate. — The Governor may, on extraordinary occasions con-
vene the General Assembly, by proclamation, stating therein
the purpose for which it is to assemble; but at such special
session no business shall be transacted other than that specially
named in the proclamation. He may by proclamation, convene
the Senate in extraordinary session for the transaction of
Executive business.
Sec. 10. Governor may prorogue the General Assembly. —
The Governor, in case of a disagreement between the two
Houses as to the time of adjournment, may upon the same
being certified to him, by the House last moving adjournment,
10 CONSTITUTION OF COLORADO.
adjourn the General Assembly to a day not later than the first
day of the next regular session.
Sec. 11. Legislative power of Governor. — Every bill passed
by the General Assembly shall, before it becomes a law, be pre-
sented to the Governor. If he approve, he shall sign it, and
thereupon it shall become a law, but if he do not approve, he
shall return it, with his objections, to the House in which it
originated, which House shall enter the objections at large
upon its journal, and proceed to reconsider the bill. If then,
two-thirds of the members elected agree to pass the same, it
shall be sent, together with the objections, to the other House,
by which it shall likewise be reconsidered, and if approved by
two- thirds of the members elected to that House, it shall become
a law, notwithstanding the objections of the Governor. In all
such cases the vote of each House shall be determined by ayes
and noes, to be entered upon the journal. If any bill shall not
be returned by the Governor within ten days after it shall have
been presented to him, the same shall be a law in like manner
as if he had signed it, unless the General Assembly shall by
their adjournment prevent its return, in which case it shall be
filed with his objections, in the office of the Secretary of State,
within thirty days after such adjournment, or else become a law.
Sec. 12. Appropriation bills, veto by items. — The Governor
shall have power to disapprove of any item or items of any bill
making appropriations of money, embracing distinct items, and
the part or parts of the bill approved shall be law, and the
item or items disapproved shall be void, unless enacted in man-
ner following: If the General Assembly be in session, he shall
transmit to the House in which the bill originated a copy of the
item or items thereof disapproved, together with his objections
thereto, and the items objected to shall be separately recon-
sidered, and each item shall then take the same course as is
prescribed for the passage of bills over the Executive veto.
Lieutenant Governor.
Sec. 13. Succession to office of Governor. — In case of the
death, impeachment, or conviction of felony or infamous mis-
demeanor, failure to qualify, resignation, absence from the
State, or other disability of the Governor, the powers, duties
and emoluments of the office, for the residue of the term, or
until the disability be removed, shall devolve upon the Lieu-
tenant Governor.
Sec. 14. Legislative duty. — The Lieutenant Governor shall
be President of the Senate, and shall vote only when the Senate
is equally divided. In case of the absense, impeachment, or dis-
qualification from any cause of the Lieutenant Governor, or
when he shall hold the office of Governor, then the President
pro tempore of the Senate shall perform the duties of the Lieu-
tenant Governor, until the vacancy is filled or the disability
removed.
CONSTITUTION OF COLORADO. 11
Sec. 15. Who shall act as Governor. — In case of the failure
to qualify in his office, death, resignation, absence from the State,
impeachment, conviction of felony, or’ infamous misdemeanor,
or disqualification from any cause, of both the Governor and
Lieutenant Governor, the duties of the Governor shall devolve
on the President of the Senate pro tempore, until such disquali-
fication of either the Governor or Lieutenant Governor be
removed, or the vacancy be filled; and if the President of the
Senate, for any of the above named causes, shall become incap-
able of performing the duties of Governor, the same shall
devolve upon the Speaker of the House.
Section 16. Report of receipts and expenditures of public
institutions. — An account shall be kept by the officers of the
Executive Department and of all public institutions of the State,
of all moneys received by them severally from all sources, and
for every service performed, and of all moneys disbursed by
them severally, and a semi-annual report thereof shall be made
to the Governor under oath.
Sec. 17. Reports. — The officers ol the Executive Depart-
ment, and of all Public Institutions of the State, shall, at least
twenty days preceeding each regular session .of the General
Assembly, make full and complete reports of their actions "to
the Governor, who shall transmit the same to the General
Assembly.
Sec. 18. The seal. — There shall be a seal of the Stale,
which shall be kept by the Secretary of State, and shall be
called the “Great Seal of the State of Colorado.” The seal of
the Territory of Colorado as now used, shall be the seal of the
State, until otherwise provided by law.
Sec. 19. Salaries and fees. — The officers named in section
one of this article shall receive for their services a salary to be
established by law, which shall not be increased or diminished
during their official terms. It shall be the duty of all such
officers to collect in advance all fees prescribed by law for
services rendered by them severally, and pay the same into the
State Treasury.
Sec. 20. State Librarian. — The Superintendent of Public
Instruction shall be ex officio State Librarian.
Sec. 21. Ineligibility of Auditor and Treasurer. — Neither
the State Treasurer nor State Auditor shall be eligible for
re-election as his own immediate successor.
ARTICLE V.
Legislative Department.
Sec. 1. General Assembly. — The legislative power shall
be vested in the General Assembly, which shall consist of a
Senate and House of Representatives, both to be elected by the
people.
12 CONSTITUTION OF COLORADO.
Sec. 2. First elections — Vacancies. — An election for mem-
bers of the General Assembly shall be held on the first Tuesday
in October, in the years of our Lord 1876 and 1878, and in each
alternate year thereafter, on such day, at such places in each
county as now are or hereafter may be provided by law. The
first election for members of the General Assembly under the
State organization, shall be conducted in the manner prescribed
by the laws of Colorado Territory, regulating elections for
members of the Legislative Assembly thereof. When vacancies
occur in either House, the Governor, or person exercising the
powers of Governor, shall issue writ of election to fill such
vacancies.
Sec. 3. Terms of members. — Senators shall be elected for
the term of four years, except as hereinafter provided, and
Representatives for the term of two years.
Sec. 4. Eligibility. — No person shall be a Representative or
Senator who shall not have attained the age of twenty-five
years, who shall not be a citizen of the United States, who
shall not for at least twelve months next preceeding his elect-
ion have resided within the territory included in the limits of
the county or district in which he shall be chosen; Provided,
That any person who, at the time of the adoption of this Con-
stitution, was qualified elector under the Territorial laws, shall
be eligible to the first General Assembly.
Sec. 5. Classification of senators. — The Senators, at their
first session, shall be divided into two classes. Those elected
in districts designated by even numbers shall constitute one
class; those elected in districts designated by odd numbers shall
constitute the other class, except that Senators elected in each
of the districts having more than one Senator shall be equally
dwided between the two classes. The Senators of on class shall
hold for two years; those of the other class shall hold for four
years, to be decided by lot between the two classes, so that one-
half of the Senators, as near as practicable, may be biennially
chosen forever thereafter.
[Section 6 originally read: “Each member of the First General
Assembly, as a compensation for his services, shall receive four
dollars for each day’s attendance, and fifteen cents for each
mile necessarily traveled in going to and returning from the
seat of government; and shall receive no other compensation,
perquisite or allowance whatever. No session of the General
. Assembly, after the first, shall exceed forty, days. After the
first session, the compensation of the members of the General
Assembly, shall be as provided by law; Provided, That no Gen-
eral Assembly shall fix its own compensation.”]
But November 4, 1884, it was amended to read as follows:
Sec. 6. Compensation of members. — Each member of the
General Assembly, until otherwise provided by law, shall
CONSTITUTION OF COLORADO. 13
receive as compensation for his services, seven dollars ($7.00)
for each day’s attendance and fifteen (15) cents for each mile
necessarily traveled in going to and returning from the seat of
government, and shall receive no other compensation, perquis-
ite, or allowance whatsoever. No session of the General Assem-
bly shall exceed ninety days. No General Assembly shall fix
its own compensation.
Sec. 7. Time of meeting, beginning of term of office has
been changed by statutes to first Wednesday in December. —
The General Assembly shall meet at 12 o’clock, noon, on the
first Wednesday in November, A. D. 1876; and at 12 o’clock,
noon, on the first Wednesday in January, A. D. 1879, and at 12
o’clock, noon, on the first Wednesday in January, of each alter-
nate year forever thereafter, and at other times when convened
by the Governor. The term of service of the member* thereof
shall begin on the first Wednesday of November next after
.their election, until otherwise provided by law.
Sec. 8. Who disqualified. — No Senator or Representative
shall, during the time for which he shall have been elected, be
appointed to any civil office under this State; and no member
of Congress, or other person holding any office (except of
attorney- at -law, notary public, or in the militia) under the
United States or this State, shall be a member of either House
during his continuance in office.
Sec. 9. Increase of salary forbidden. — No member of either
House shall, during the term for which he may have been
elected, receive any increase of salary or mileage, under any
law passed during such term.
Sec. 10. President pro tern of the senate, speaker of the
house. — The Senate shall, at the beginning and close of each
regular session, and at such other times as may be necessary,
elect one of its members President pro tempore. The House of
Representatives shall elect one of its members as Speaker.
Each House shall choose its other officers, and shall judge of
the election and qualification of its members.
Sec. 11. A quorum. — A majority of each House shall con-
stitute a quorum, but a smaller number may adjourn from day
to day, and compel the attendance of absent members.
Sec. 12. Who makes the rules. — Each House shall have
power to determine the rules of its proceedings and punish its
members or other persons for contempt or disorderly behavior
in its presence; to enforce obedience to its process; to protect
its members against violence, or offers of bribes, or private
solicitation, and, with the concurrence of two-thirds, to expel
a member, but not a second time for the same cause, and shall
have all other powers necessary for the Legislature of a free
State. A member expelled for corruption shall not thereafter be
eligible to either House of the same General Assembly, and
punishment for contempt or disorderly behavior shall not bar
an indictment for the same offense.
14 CONSTITUTION OF COLORADO.
Sec. 13. The journal — Each House shall keep a journal of
its proceedings, and may, in its discretion, from time to time,
publish the same, except such parts as require secrecy, and the
ayes and noes on any question shall, at the desire of any two
members, be entered on the journal.
Sec. 14. Open sessions. — The sessions of each House, and
of the committees of the whole, shall be open, unless when the
business is such as ought to be kept secret.
Sec. 15. Adjournment for more than three days. — Neither
House shall, without the consent of the other, adjourn for more
than three days, nor to any other place than that in which the
two Houses shall be sitting.
Sec. 16. Special immunities. — The members of the General
Assembly shall in all cases except treason, felony, violation of
their oath of office, and breach or surety of the peace, be privi-
leged from arrest during their attendance at the sessions of
their respective Houses, and in going to and returning from the
same; and for any speech or debate in either House they shall
not be questioned in any other place.
Sec. 17. Method of legislating. — No law shall be passed
except by bill, and no bills shall be so altered or amended on
its passage through either House as to change its original
purpose.
Sec. 18. The enacting clause. — The style of the laws of this
State shall be: “Be it enacted by the General Assembly of the
Sate of Colorado.”
[Section 19 originally read: “No act of the General Assem-
bly shall take effect until ninety days after its passage, unless
In. case of emergency, (which shall be expressed in the pre-
amble or body of the Act), the General Assembly shall, by a
vote1 of two-thirds of all the members elected to each House,
otherwise direct. No bill except the general appropriation for
the expenses of the government only introduced in either House
of the General Assembly after the first twenty-five days of the
session shall become a law.”]
But November 4, 1884, it was amended to read as follows:
Sec. 19. When act takes effect — Bills must be introduced
during first thirty days — Exception. — No act of the General
Assembly shall take effect until ninety days after its passage
(except in cases of emergency, which shall be expressed in the
act), unless the General Assembly shall, by a vote of two-thirds
of all the members elected to each House, otherwise direct. No
bill, except the general appropriation bill for the expenses of
the government only, introduced in either House of the General
Assembly after the first thirty days of the session, shall become
a law.
Sec. 20. All bills must be referred to a committee. — No bill
CONSTITUTION OP COLORADO. 15
shall be considered or become a law unless referred to a com-
mittee, returned therefrom, and printed for the use of the
members.
Sec. 21. A bill may contain one subject only — Exception. — ■
No bill , except general appropriation bills, shall be passed con-
taining- more than one subject, which shall be clearly expressed
in its title; but if any subject shall be embraced in any act
which shall not be expressed in the title, such act shall be void
only as to so much thereof as shall not be so expressed.
[Section 22 originally read: “Every bill shall be read at
length, on three different days in each House; all substantial
amendments made thereof shall be printed for the use of the
members, before the final vote is taken on the bill; and no bill
shall become a law, except by vote of a majority of all the
members elected to each House, nor unless on its final passage
the vote be taken by ayes and noes, and the names of those
voting be entered on the journal.”]
But November 4, 1884, this section was amended to read
as follows:
Sec. 22. Readings, amendments and passage of bills. —
Every bill shall be read by title when introduced, and at length
on two different days in each House; all substantial amend-
ments made thereto, shall be printed for the use of the mem-
bers before the final vote is taken on the bill; and no bill
shall become a law except by vote of a majority of all the mem-
bers elected to each House, nor unless on its final passage, the
vote be taken by ayes and noes, and the names of those voting
be entered on the journal.
Sec. 23. Vote on amendment. — No amendment to any bill
by one House shall be concurred in by the other, nor shall the
report of any Committee of Conference be adopted in either
House except by a vote of a, majority of the members elected
thereto, taken by ayes and noes, and the names of those voting
recorded upon the journal thereof.
Sec. 24. Method of reviving, amending and extending
laws. — No law shall be revived, or amended, or the provisions
thereof extended or conferred by reference to its title only, but
so much thereof as is revived, amended, extended, or conferred,
shall be re-enacted and published at length.
Sec. 25. Special legislation that is prohibited. — The Gen-
eral Assembly shall not pass local or special laws in any of
the following enumerated cases, that is to say: For granting
divorces; laying out, opening, altering or working roads or
highways; vacating roads, town plats, streets, alleys and public
grounds; locating or changing county seats; regulating county
or township affairs; regulating the practice in courts of justice;
regulating the jurisdiction and duties of justices of the peace,
16 CONSTITUTION OP COLORADO.
police magistrates and constables; changing the rules of evi-
dence in any trial or inquiry; providing for changes of venue
in civil or criminal cases; declaring any person of age; for limi-
tation of civil actions or giving effect to informal or invalid
deeds; summoning or impaneling grand or petit juries; provid-
ing for the management of common schools; regulating the
rate of interest on money; the opening or conducting of atxr
election, or designating the place of voting; the sale of mort-
gage of real estate belonging to minors or others under disab-
ility; the protection of game or fish; chartering or licensing
ferries or toll bridges; remitting fines, penalties or forfeitures;
creating, increasing or decreasing fees, percentage or allow-
ances of public officers; changing the law of descent; grant-
ing to any corporation, association or individual the right to lay
down railroad tracks; granting to any corporation, association
or individual any special or exclusive privilege, immunity or
franchise whatever. In all other cases, where a general law
can be made applicable, no special law shall be enacted.
Section 25a was added to the Constitution Nov. 4, 1902.
Sec. 25a. Eight hour employment. — The General Assembly
shall provide by law, and shall prescribe suitable penalties for
the violation thereof, for a period of employment not to exceed
eight (8) hours within any twenty-four (24) hours (except in
cases of emergency where life or property is in imminent
danger), for persons employed in underground mines or other
underground workings, blast furnaces, smelters; and any ore
reduction works or other branch of industry or labor that the
General Assembly may consider injurious or dangerous to
health, life or limb.
Sec. 26. Presiding officers must sign bills. — The presiding
officer of each House shall, in the presence of the House over
which he presides, sign all bills and joint resolutions passed
by the General Assembly, after their titles shall have been pub-
licly read, immediately before signing; and the fact of the sign-
ing shall be entered on the journal.
Sec. 27. Employees. — The Genera! Assembly shall prescribe
by law the number, duties and compensation of the officers
and employes of each House; and no payment shall be made
from the State Treasury, or be in any way authorized to any
person, except to an acting officer or employe elected or
appointed in pursuance of law.
Sec. 28. Extra compensation. — No bill shall be passed giv-
ing any extra compensation to any public officer, servant or
employe, agent or contractor, after services shall have been
rendered or contract made, nor providing for the payment of
any claim made against the State without previous authority
of law.
Sec. 29. Contracts. — All stationery, printing, paper and fuel
used in the legislative and other departments of government shall
CONSTITUTION OF COLORADO. 17
be furnished; and the printing and binding and distributing
of the laws, journals, department reports, and other printing
and binding; and the repairing and furnishing the halls and
rooms used for the meeting of the General Assembly and its
committees, shall be performed under contract, to be given to
the lowest responsible bidder, below such maximum price and
under such regulations as may be prescribed by law. No mem-
ber or officer of any department of the government shall be
in any way interested in any such contract; and all such con-
tracts shall be subject to the approval of the Governor and
State Treasurer.
[Section 30 originally read: “Except as otherwise pro-
vided in this Constitution, no law shall extend the term of any
public officer, or increase or diminish his salary or emoluments
after his election or appointment; Provided, This shall not be
construed to forbid the General Assembly to fix the salary or
emoluments of those first elected or appointed under this Con-
stitution.”]
But November 7, 1882, section 30 was amended to read as
follows:
Sec. 30. — Except as otherwise provided in this Constitution,
no law shall extend the term of any public officer, or increase
or diminish his salary or emoluments after his election or
appointment; Provided, That on and after the first day of
March, A. D. 1.881, the salaries of the following designated pub-
lic officers, including those thereof who may then be incum-
bents of such offices, shall be as herein provided, viz: TheGov-
ernor shall receive an annual salary of five thousand dollars,
and the further sum of fifteen hundred dollars for the payment
of a private secretary. The judges of the Supreme Court shall
each receive an annual salary of five thousand dollars. The
judges of the district courts shall each receive an annual salary
of four thousand dollars.
Sec. 31. Legislative initiative. — All bills for raising rev-
enue shall originate in the House of Representatives; but the
Senate may propose amendments, as in case of other bills.
Sec. 32. Appropriation bills. — The General Appropriation
Bill shall embrace nothing but appropriations for the ordinary
expenses of the executive, legislative and judicial departments
of the State, interest on the public debt, and for public schools.
All other appropriations shall be made by separate bills, each
embracing but one subject.
Sec. 33. How money is paid out of treasury. — No money
shall be paid out of the treasury except upon appropriations
made by law, and on warrant drawn by the proper officer in
pursuance thereof.
Sec. 34. Limit on appropriations for charity, education,
etc. — No appropriation shall be made for charitable, industrial,
2
18 CONSTITUTION OP COLORADO.
educational or benevolent purposes, to any person, corporation,
or community not under the absolute control of the State, nor
to any denominational or sectarian institution or association.
Sec. 35. Cases in which legislative power may not be dele-
gated.— The General Assembly shall not delegate to any special
commission, private corporation, or association, any power to
make, supervise or interfere with any municipal improvement,
money, property or effects, whether held in trust or otherwise,
or to levy taxes, or perform any municipal function whatever.
Sec. 36. Trust funds. — No act of the General Assembly
shall authorize the investment of trust funds by executors,
administrators, guardians, or other trustees, in the bonds or
stock of any private corporation.
Sec. 37. Change of venue. — The power to change the venue
in civil and criminal cases shall be vested in the courts, to be
exercised in such a manner as shall be prescribed by law.
Sec. 38. Release, transfer or any impairment of liability
forbidden. — No obligation or liability of any person, association
or corporation, held or owned by the State, or any municipal
corporation therein, shall ever be exchanged, transferred,
remitted, released, or postponed, or in any way diminished, by
the General Assembly, nor shall such liability or obligation be
extinguished except by payment thereof into the proper
Treasury.
Sec. 39. Governor’s legislative power. — Every order, reso-
lution or vote to which the concurrence of both Houses may be
necessary, except on the question of adjournment, or relating
solely to the transaction of business of the two Houses, shall
be presented to the Governor, and before it shall take effect,
be approved bj him, or being disapproved, shall be re-passed
by two-thirds of both Houses, according to the rules and limi-
tations prescribed in case of a bill.
Sec. 40. Bribery and punishment. — If any person elected
to either House of the General Assembly shall offer or promise
to give his vote or influence in favor of or against any measure
or proposition pending or proposed to be introduced in the Gen-
eral Assembly, in consideration or upon condition that any
other person elected to the same General Assembly will give,
or will promise, or assent to give his vote or influence in favor
of or against any other measure or proposition, pending or pro-
posed to be introduced in such General Assmbly, the person
making such offer or promise, shall be deemed guilty of solici-
tation of bribery. If any member of the General Assembly shall
give his vote or influence for or against any measure or propo-
sition pending in such General Assembly, or offer, promise or
assent so to do, upon condition that any other member will give
or will promise or assent to give his vote or influence in favor
of or against any other measure or proposition pending or pro-
posed to be introduced in such General Assembly or in consid-
CONSTITUTION OP COLORADO. 19
eration that any other member hath given his vote or influence
for or against any other measure or proposition in such General
Assembly, he shall be deemed guilty of bribery, and any mem-
ber of the General Assembly, or person elected thereto, who
shall be guilty of either of such offenses shall be expelled, and
shall- not be thereafter eligible to the same General Assembly;
and, on conviction thereof in the civil courts, shall be liable to
such further penalties as may be prescribed by law.
Sec. 41. Bribery. — Any person who shall directly or indi-
rectly offer, give or promise any money or thing of value, testi-
monial, privilege, or personal advantage to any executive or
judicial officer or member of the General Assembly, to influ-
ence him in the performance of any of his public or official
duties, shall be deemed guilty of bribery, and be punished in
such manner as shall be provided by law.
Sec. 42. Corrupt solicitation. — The offense of corrupt solici-
tation of meunbers of the General Assembly, or of public
officers of the State, or of any municipal division thereof, and
any occupation or practice of solicitation of such members or
officers to influence their official action, shall be defined by
law, and shall be punished by fine and imprisonment.
Sec. 43. Personal or private interest of members. — A mem-
ber who has a personal or private interest in any measure or
bill proposed or pending before the General Assembly, shall
disclose the fact to the House of which he is a member, and
shall not vote thereon.
Congressional and Legislative Apportionments.
Since 1893 Colorado has had population enough to entitle
her to more than one representative. Section 44’is superseded
by statute.
Sec. 44. One Representative in the Congress of the United
States shall be elected from the State at large, at the first
election under this Constitution, and thereafter at such times
and places, and in such manner as may be prescribed by law.
When a new apportionment shall be made by Congress, the
General Assembly shall divide the State into Congressional
districts accordingly.
Sec. 45. State enumeration. — The General Assembly shall
provide by law for an enumeration of the inhabitants of the
State in the year of our Lord one thousand, eight hundred and
eighty -five, and every tenth year thereafter; and at the session
next following such enumeration, and also at the session next
following an enumeration made by the authority of the United
States, shall revise and adjust the apportionment for Senators
and Representatives, on the basis of such enumeration, accord-
ing to ratios to be fixed by law.
Sec. 46. Size of Senate and House. — The Senate shall con-
sist of twenty-six, and the House of Representatives of forty-
20 CONSTITUTION OF COLORADO.
nine members, which number shall not be increased until the
year of our Lord one thousand eight hundred and ninety, after
which time the General Assembly may increase the number
of Senators and Represenatives, preserving as near as may be
the present proportion as to the number in each House; Pro-
vided, That the aggregate number of Senators and Represen-
tatives shall never exceed one hundred.
By Statute there are now thirty-five Senators and sixty-
five Representatives.
Sec. 47. Districts. — Senatorial and Representative districts
may be altered from time to time, as public convenience may
require. When a Senatorial or Representative district shall
be composed of two or more counties, they shall be contiguous,
and the district as compact as may be. No county shall be
divided in the formation of a Senatorial or Representative
district.
Sections 48 and 49 have been superseded by Statute.
Sec. 48. Until the State shall be divided into Senatorial
districts, in accordance with the provisions of this article, said
districts shall be constituted and numbered as follows:
The county of Weld shall constitute the first district, and
be entitled to one Senator.
The county of Larimer shall constitute the second district,
and be entitled to one Senator.
The county of Boulder shall constitute the third district,
and be entitled to two Senators.
The county of Gilpin shall constitute the fourth district,
and be entitled to one Senator.
The counties of Gilpin, Summit and Grand shall constitute
the fifth district, and be entitled to one Senator.
The county of Clear Creek shall constitute the sixth dis-
trict, and be entitled to two Senators.
The county of Jefferson shall constitute the seventh dis-
trict, and be entitled to one Senator.
The county of Arapahoe shall constitute the eighth district,
and be entitled to four Senators.
The counties of Elbert and Bent shall constitute the ninth
district, and be entitled to one Senator.
The county of El Paso shall constitute the tenth district,
and be entitled to one Senator.
The county of Douglas shall constitute the eleventh dis-
trict, and be entitled to one Senator.
The county of Park shall constitute the twelfth district,
and be entitled to one Senator.
The counties of Lake and Saguache shall constitute the
thirteenth district, and be entitled to one Senator.
The county of Freemont shall constitute the fourteenth dis-
trict, and be entitled to one Senator.
The county of Pueblo shall constitute the fifteenth district,
and be entitled to one Senator.
CONSTITUTION OP COLORADO. 21
The county of Huerfano shall constitute the sixteenth dis-
trict, and be entitled to one Senator.
The county of Las Animas shall constitute the seventeenth
district, and be entitled to two Senators.
The county of Costilla shall constitute the eighteenth dis-
trict, and be entitled to one Senator.
The county of Conejos shall constitute the nineteenth dis-
trict, and be entitled to one Senator.
The counties of Rio Grande, Hinsdale, La Platta and San
Juan shall constitute the twentieth district, and be entitled to
one Senator.
Sec. 49. Until an apportionment of Representatives be
made in accordance with the provisions of this article, they
shall be divided among the several counties of the State in the
following manner: The county of Arapahoe shall have seven;
the counties of Boulder and Clear Creek, each, four; the coun-
ties of Gilpin and Las Animas, each, three; the counties of El
Paso, Fremont, Huerfano, Jefferson, Pueblo and Weld, each,
two; the counties of Bent, Costilla, Conejos, Douglas, Elbert,
Grand, Hinsdale, Larimer, La Plaita, Lake, Park, Rio Grande,
Summit, Saguache and San Juan, each one; and the counties of
Costilla and Conejos, jointly, one.
ARTICLE VI.
Judicial Department.
[Section 1 originally read: 'The judicial power of the
State, as to matters of law and equity, except as in the Con-
stitution otherwise provided, shall be vested in a Supreme
Court, District Courts, County Courts, Justices of the Peace, and
such other Courts as may be created by law for cities and in-
corporated towns."]
But November 2, 1886, section 1, was changed to read as
follows:
Sec. 1. The judicial power of the State as to matters of
law and equity, except as in this Constitution otherwise pro-
vided, shall be vested in a Supreme Court, District Courts,
County Courts, Justices of the Peace, and such other courts as
may be provided by law.
Supreme Court.
Sec. 2. Appellate jurisdiction. — The Supreme Court, except
as otherwise provided in this Constitution, shall have appellate
jurisdiction only, which shall be co-extensive with the State,
and shall have a general superintending" control over all infer-
ior courts, under such regulations and limitations as may be
prescribed by law.
22 CONSTITUTION OF COLORADO.
[Section 3 originally read: “It shall have power to issue
writs of habeas corpus, mandamus, quo warranto, certiorari,
injunction and other original and remedial writs, with author-
ity to hear and determine the same.”]
But November 2, 1886, Section 3 was changed to read as
follows:
Sec. 3. Original jurisdiction. — It shall have power to issue
writs of habeas corpus, mandamus, quo warranto, certiorari,
injunction, and other original and remedial writs with author-
ity to hear and determine the same; and each judge of the
Supreme Court shall have like power and authority as to writs
of habeas corpus. The Supreme Court shall give its opinion upon
important questions upon solemn occasions when required by
the Governor, the Senate, or the House of Representatives; and
all such opinions shall be published in connection with the
reported decisions of said court.
Sec. 4. Terms. — At least two terms of the Supreme Court
shall be held each year, at the seat of government.
[Section 5 originally read: “The Supreme Court shall con-
sist of three Judges, a majority of whom shall be necessary to
form a quorum or pronounce a decision.”]
But Section 5 was amended November, 1888, to read as fol-
lows:
Sec. 5. Personnel of court — Departments. — The Supreme
Court shall consist of seven judges, who may sit en banc or in
two or more departments as the court may, from time to time,
determine. In case said court shall sit in departments each of
said departments shall have the full power and authority of
said court in the determination of causes, the issuing- of writs
and the exercise of all powers authorized by this constitution,
or provided by law, subject to the general control of the court
sitting en banc, and such rules and regulations as the court
may make, but no decision of any department shall become
the judgment of the court unless concurred in by at least three
judges, and no case involving- a construction of the constitution
of this State or of the United States, shall be decided except by
the court en banc.
(Section 6 originally read: "The Judges of the Supreme
Court shall be elected by the electors of the State, at large, as
hereinafter provided.")
But was amended November 8, 1904, to read as follows:
Sec. 6. Election of judges — The Judges of the Supreme
Court, except as herein provided, shall be elected by the electors
of the State at large.
CONSTITUTION OF COLORADO. 23
[Section 7 originally read: “The term of office of the
Judges of the Supreme Court* except as in this article otherwise
provided, shall be nine years.”]
But was amended November 8, 1904, to read as follows:
Sec. 7. Term of office. — The term of office of the Judges
of the Supreme Court, hereafter elected, except as in this arti-
cle otherwise provided, shall be ten years.
[Section 8 originally read: "The Judges, of the Supreme
Court shall, imediately after the first election under this Con-
stitution, be classified by lot, so that one shall hold his office
for the term of three years, one for the term of six years, and
one for the term of nine years. The lot shall be drawn by the
Judges, who shall for that purpose assemble at the seat of gov-
ernment; and they shall cause the result thereof to be certi-
fied to the Secretary of the Territory, and filed in his office.
The Judge having- the shortest term to serve, not holding his
office by appointment or election to fill a vacancy, shall be the
Chief Justice, and shall preside at all terms of the Supreme
Court, and in case of his absence, the Judge having in like
manner the next shortest term to serve shall preside in his
stead.] *__
But November 8, 1904, was amended to read as follows:
Sec. 8. Appointment and election of judges.— No suc-
cessor of the judges of the Court of Appeals whose term expires
in April, 1905, shall be appointed.
On the first Wednesday in April, 1905, the Court of Appeals
shall cease to exist, and the Judges of said Court whose regular
terms shall not then have expired shall become Judges of the
Supreme Court. All causes pending before the Court of Appeals
shall then stand transferred to, and be pending in the Supreme
Court, and no bond or obligation given in any of said causes
shall be affected by said transfer.
The term of office of that Judge of the Supreme Court
whose term expires on the second Tuesday in January, 1907,
shall so expire; the term of office of that Judge transferred
from the Court of Appeals, whose term shall expire in April,
1907, shall expire on the second Tuesday in January, 1907; and
the term of office of that Judge of the Supreme Court whose
term expires in January, 1910, is hereby extended to the second
Tuesday in January, 1911; and the term of office of that Judge
or the Judges transferred from the Court of Appeals, whose
term would expire in April, 1909, shall expire on the second
Tuesday in January, 1909; and the term of office of the Judge
of the Supreme Court whose term expires on the second Tues-
day in January, 1913, shall so expire.
At the general election in the year 1906 and every tenth
year thereafter, there shall be elected two Judges of the
Supreme Court.
24 CONSTITUTION OF COLORADO.
At the general election in the year 1908, there shall be
elected three judges of the Supreme Court, one for the term
of six years, and two for the term of ten years.
At the general election in the year 1910, and every tenth
year thereafter, there shall be elected one Judge of the Supreme
Court.
At the general election in the year 1912 and every tenth
year thereafter, there shall be elected one Judge of the Supreme
Court.
At the general election in the year 1914 and every tenth
year thereafter, there shall be elected one Judge of the Supreme
Court.
At the general election in the year 1918 and every tenth
year thereafter, there shall be elected two Judges of the Supreme
Court.
Provided, That if said Court of Appeals shall at the time
of the going into effect of this amendment, by law consist of
only three Judges, the Governor shall nominate and by and
with the advice and consent of the Senate appoint two Judges
of the Supreme Court whose term of office shall begin on the
first Wednesday of April, 1905, and expire on the second Tues-
day of January, 1909.
Provided also, That nothing herein contained shall be con-
strued to prevent the General Assembly from changing the time
of electing Judges of the Supreme Court and from extending
or abridging their terms of office as provided in Article VI,
Section 15, of the Constitution of this State.
The Judge having the shortest term to serve, not holding
his office by appointment or election to fill vacancy, shall be
the Chief Justice.
Of the two judges whose terms of office expire upon the
same day, the younger in years of the two Judges shall be the
Chief Justice during the next to the last year of his term of
office and the elder of the two Judges shall be the Chief Jus-
tice during the last year of his term of office.
The Chief Justice shall preside at all sessions of the Court
en banc, and, in case of his absence, then the Judge present
who would next be entitled to become Chief Justice shall pre-
side.
Until otherwise provided by law, the Supreme Court shall
have power to review the judgments and proceedings of infer-
ior Courts, in such instances and in such manner as was pro-
vided by law. previous to the act establishing the Court of
Appeals.
Sec. 9. Clerk of Supreme Court. — There shall be a Clerk
of the Supreme Court, who shall be appointed by the Judges
thereof, and shall hold his office during the pleasure of said
Judges, and whose duties and emoluments shall be as pre-
scribed by law and by the rules of the Supreme Court.
CONSTITUTION OF COLORADO. 25
Sec. 10. Eligibility. — No person shall be eligible to the
office of Judge of the Supreme Court unless he.be learned in
the law; be at least thirty years of age, and a citizen of the
United States, nor unless he shall have resided in this State or
Territory at least two years next preceding his election.
District Courts.
Sec. 11. Jurisdiction. — The District Courts shall have
original jurisdiction of all causes both at law and in equity, and
such appellate jurisdiction as may be conferred by law. They
shall have original jurisdiction to determine all controversies
upon relation of any person on behalf of the people, concern-
ing the rights, duties and liabilities of railroad, telegraph, or
toll-road companies or corporations.
[Section 12 originally read: “The State shall be divided
into judicial districts, in each of which there shall be elected by
the electors thereof, one Judge of the District Court therein,
whose term of office shall be six years. The Judges of the Dis-
trict Courts may hold Courts for each other, and shall do so
when required by law.”]
But November 2, 1886, Section 12 was changed to read as
follows:
Sec. 12. Judicial districts and judges. — The State shall be
divided into judicial districts, in each of which there shall be
elected by the electors thereof, one or more Judges of the Dist-
rict Court therein, as may be provided by law, whose term of
office shall be six years; the Judges of the District Courts may
hold Courts for each other, and shall do so when required by
law, and the General Assembly may, by law, provide for the
selection or election of a suitable person to preside in the trial
of causes in special cases.
Section 13 has been superseded by Statute which divides
the State into Thirteen Judicial Districts.
Sec. 13. Until otherwise provided by law, said districts
shall be four in number, and constituted as follows, viz:
First District — The counties of Boulder, Jefferson, Gilpin,
Clear Creek, Summit and Grand.
Second District — The counties of Arapahoe, Douglas, Elbert,
Weld and Larimer.
Third District — The counties of Park, El Paso, Fremont,
Pueblo, Bent, Las Animas and Huerfano.
Fourth District — The counties of Costilla, Conejos, Rio
Grande, San Juan, La Platta, Hinsdale, Saguache and Lake.
[Section 14 originally read: "The General Assembly may,
after the year eighteen hundred and eighty, (whenever two-
thirds of the members of each House shall concur therein), but
26 CONSTITUTION OF COLORADO.
.not oftener than once in six years, increase the number of the
Judicial Districts and the Judges thereof, such districts shall
be formed, of compact territory and bounded by county lines,
but said increase or change in the boundaries of a district shall
not work the removal of any Judge from his office during- the
term for which he shall have been elected or appointed."]
But November 2, 1886, Section 14 was amended to read as
follows:
Sec. 14. The General Assembly may (whenever two-thirds
of the members of each House shall concur therein) increase or
diminish the number of Judges for any district, or increase or
diminish the number of judicial districts, and the Judges.
thereof. Such districts shall be formed of compact territory,
and bounded by county lines; but such increase, diminution or
change in the boundaries of a district shall not work the
removal of any Judge from his office during the term for which
he shall have been elected or appointed.
Sec. 15. Election of Judges — Term. — The Judges of the
District Court first elected shall be chosen at the first general
election. The General Assembly may provide that after the
year eighteen hundred and seventy- eight, the election of the
Judges of the Supreme Court, District, and County Courts, and
the District Attorneys, or any of them, shall be on a different
day from that on which an election is held for any other pur-
pose, and for that purpose may extend or abridge the term of
office of any such- officers then holding, but not in any case
more than six months. Until otherwise provided by law, such
officers shall be elected at the time of holding the general elec-
tions. The terms of office of all Judges of the District Court,
elected in the several districts throughout the State, shall
expire on the same day; and the terms of office of the District
Attorneys elected in the several districts throughout the State
shall, in like manner, expire on the same day.
Section 16. Persons eligible. — No person shall be eligible
to the office of District Judge unless he be learned in the law,
be at least thirty years old, and a citizen of the United States,
nor unless he shall have resided in the State or Territory at
least two years next preceding his election, nor unless
he shall at the time of his election, be an elector within
the Judicial District for which he is elected; Provided, That at
the first election, any person of the requisite age and learning,
and who is an elector of the Territory of Colorado, under the
laws thereof, at the time of the adoption of this Constitution,
shall be eligible to the office of Judge of the District Court of
the Judicial District within which he is an elector.
Sec. 17. Terms of court. — The time of holding courts
within the said districts shall be as provided by law, but at
least one term of the District Court shall be held annually in
each county, except in such counties as may be attached, for
CONSTITUTION OF COLORADO. 27
judicial purposes, to another county wherein such courts are so
held. This shall not be construed to prevent the holding of
special terms, under such regulations as may be provided by
law.
Sec. 18. Salaries. — The Judges of the Supreme and District
Courts shall each receive such salary as may be provided by
law, and no such judge shall receive any other compensation,
perquisite, or emolument for, or on account of his office, in any
form whatever, nor act as Attorney or Counsellor-at-law.
Sec, 19. The Clerk.— There shall be a Clerk of the District
Court in each county wherein a term is held, who shall be
appointed by the Judge of the District, to hold his office during
the pleasure of the Judge. His duties and compensation shall
be as provided by law and regulated by the rules of the court
Section 20 has been superseded by statute.
Sec. 20. Until the General Assembly shall provide by law
for fixing the terms of the Courts aforesaid, the Judges of the
Supreme and District Courts, respectively, shall fix the terms
thereof.
District Attorneys.
[Section 21 originally read: “There shall be electee”
by the qualified electors of each Judicial District at
each regular election for Judges of the Supreme Court, a Dis-
trict Attorney for such District, whose term of office shall be
three years, and whose duties and compensations shall be as
provided by law. No person shall be eligible to the office of
District Attorney who shall not, at the time of his election, be
at least twenty-five years of age, and possess all the other
qualifications for Judges of District Courts, as precribed in this
article."]
But Section 21 was amended, November 4, 1902 to read as
follows:
Sec. 21. Election — Term — Salary — Qualification. — There
shall be elected by the qualified electors of each judicial dis-
trict, at the general election in the year nineteen hundred and
four, and every four years thereafer, a district attorney for
such districts whose term of office shall be four years, and
whose duties and salary or compensation, either from the fees
or emoluments of his office or from the general county fund, as
shall be provided by law. No person shall be eligible to
the office of District Attorney who shall not, at the time of his
election, be at least twenty-five years of age and possess all
the qualifications of Judges of the District Courts, as provided
in this Article. The term of office of the district attorneys
serving in the several districts, at the time pf the adoption of
this amendment, is hereby extended to the second Tuesday of
January, in the year, A. D., 1905.
28 CONSTITUTION OF COLORADO.
County Courts.
[Section 22 originally read: “There shall be elected
at the general election in each organized county, in the year
eighteen hundred and seventy-seven, and every* three years
thereafter, except as otherwise provided in this article, a
County Judge, who shall be Judge of the County Court of said
county, whose term of office shall be three years, and whose
compensation shall be as may be provided by law.”]
But Section 22 was amended, November 4, 1902, to read as
follows:
Sec. 22. Judges — Election — Term1 — Salary. — There shall be
elected at the general election in each organized county in the
year nineteen hundred and four, and every four years there-
after, a County Judge, who shall be Judge of the County Court
of said county, whose term of office shall be four years, and
who shall be paid such salary or compensation, either from the
fees and emoluments of his office or from the general county
fund, as shall be provided by law. The term of office of the
County Judges serving at the time of the adoption of this
amendment is hereby extended to the second Tuesday of Janu-
ary, in the year, A. D., 1905.
Sec. 23. Jurisdiction — Appeals. — County Courts shall be
courts of record and shall have original jurisdiction in all mat-
ters of probate, settlement of estates of deceased persons,
appointment of guardians, conservators and administrators, and
settlement of their accounts, and such other civil and criminal
jurisdiction as may be conferred by law. Provided, Such courts
shall not have jurisdiction in any case where the debt, damage,
or claim, or value of property involved, shall exceed two thous-
and dollars, except in cases relating to the estates of deceased
persons. Appeals may be +aken from County to District Courts,
or to the Supreme Court, in such cases and in such manner as
may be prescribed by law. Writs of error shall lie from the
Supreme Court to every final judgment of the County, Court.
No appeal shall lie to the District Court from any judg-
ment given upon an appeal from a Justice of the Peace.
Criminal Courts.
Sec. 24. The General Assembly shall have power to create
and establish a Criminal Court in each county having a popu-
lation exceeding fifteen thousand, which court may have con-
current jurisdiction with the District Courts in all criminal
cases not capital; the terms of such courts to be as provided
by law.
Justices of the Peace.
Sec. 25. Justices of the Peace shall have such jurisdiction
as may be conferred by law; but they shall not have juris-
CONSTITUTION OF COLORADO. 29
diction of any case wherein the value of the property or the
amount in controversy exceeds the sum of three hundred dol-
lars, nor where the boundaries or title to real property shall
be called in question.
Police Magistrates.
Sec. 26. The General Assembly shall have power to pro-
vide for creating such Police Magistrates for cities and towns as
may be deemed from time to time necessary or expedient, who
shall have jurisdiction of all cases arising under the ordinances
of such cities and towns respectively.
Miscellaneous.
Sec. 27. Defects in law reported by judges. — The Judges
of Courts of Record, inferior to the Supreme Court shall on or
before the first day of July, in each year, report in writing to
the Judges of the Supreme Court such defects and omissions in
the laws as their knowledge and experience may suggest, and
the Judges of the Supreme Court shall, on or before the first
day of December, of each year, report in writing to the Gov-
ernor, to be by him transmitted to the General Assembly,
together with his message, such defects and omissions in the
Constitution and laws as they may find to exist, together with
appropriate bills for curing the same.
Sec. 28. Uniform laws. — All laws relating to courts shall be
general and of uniform operation throughout the State; and
the organization, jurisdiction, powers, proceedings and prac-
tice of all the courts of the same class or grade, so far as regu-
lated by law, and the force and effect of the proceedings, judg-
ments and decrees of such courts severally, shall be uniform.
[Section 29 originally read: “All officers provided for in
this article, excepting Judges of the Supreme Court, shall
respectively reside in the district, county, precinct, city or town
for which they may be elected or appointed. Vacancies in
elective offices shall be filled by election, but when the unex-
pired term does not exceed one year, the vacancy shall be filled
by appointment, as follows: Of Judges of the Supreme and
District Courts by the Governor; of District Attorneys by the
Judge of the Court to which the office appertains, and of all
other judicial officers by the Board of County Commissioners
of the county where the vacancy occurs.”]
There is no evidence that this amendment was ever voted
upon, and the editor believes it should not be included in the
constitution.
Sec. 29. Residence and vacancies. — All officers provided
for in this article, excepting judges of the Supreme Court, shall
respectively reside in the district, county, precinct, city or town
30 CONSTITUTION OF COLORADO.
for which they may be elected or appointed. Vacancies occur-
ring in any of the offices provided for in this article shall be
filled by appointment as follows: Of judges of the Supreme
and District Courts, by the Governor; of District Attorneys, by
the Judge of the Court of the district for which such attorney
was elected; and of all other judicial officers, by the Board of
County Commissioners of the county wherein the vacancy
occurs. Judges of the Supreme, District and County Courts
appointed under the provisions of this section shall hold office
until the next general election and until their successors elected
thereat shall be duly qualified.
Sec. 30. Style of process. — All process shall run in the
name of “The People of the State of Colorado;” all prosecu-
tions shall be carried on in the name and by the authority of
“The People of the State of Colorado,” and conclude, “against
the peace and dignity of the same.”
ARTICLE VII.
Suffrage and Elections.
[Section 1 originally read: "Every male person over
the age of twenty-one years, possessing the following qualifi-
cations, shall be entitled to vote at all elections:
"First — He shall be a citizen of the United States, or not
being a citizen of the United States, he shall have declared his
intention, according to law, to become such citizen, not less than
four months before he offers to vote.
Second — He shall have resided in the State six months
immediately preceding the election at which he offers to vote,
and in the county, city, town, ward or precinct, such time as
may be prescribed by law. Provided, That no person shall be
denied the; right to vote at any school district election, nor to
hold any school district office, on account of sex."]
But was amended November 4, 1902, to read as follows:
Sec. 1. Qualification of eleclors. — Every person over the
age of twenty-one years, possessing the following qualifica-
tions, shall be entitled to vote at all elections. He or she shall
be a citizen of the United States, and shall have resided in the
state twelve months immediately preceeding the election at
which he offers to vote, and in the county, city, town, ward or
precinct, such time as may be prescribed by law.
Sec. 2. Woman’s suffrage permissible. — The General
Assembly shall at the first session thereof, and may at any
subsequent session enact laws to extend the right of suffrage
to women of lawful age and otherwise qualified according to
the provisions of this article. No such enactment shall be of
effect until submitted to the vote of the qualified electors at a
general election; nor unless the same be approved by a major-
ity of those voting thereon.
CONSTITUTION OF COLORADO. 31
In 1893 the following law was referred by referendum to
the people and was carried by a vote of 35,798 FOR and 29,457
AGAINST and has all the force of a Constitutional amendment:
“That every female person shall be entitled to
vote at all elections in the same manner and the same
respects as male persons are, or shall be to vote by the
Constitution and Laws of this State, and the same
qualifications as to age, citizenship, and time of resi-
dence in the State, City and County, Ward and Pre-
cincts, and other qualifications regained by law to
entitle male persons to vote shall be required to entitle
female persons to vote.”
Sec. 3. Educational qualification of voters permissible. —
The General Assembly may prescribe by law, an educational
qualification for electors, but no such law shall take effect prior
to the year of our Lord one thousand eight hundred and ninety
(1890), and no qualified elector shall be thereby disqualified.
Sec. 4. Residence does not change. — For the purpose of
voting and eligibility to office, no person shall be deemed to
have gained a residence by reason of his presence, or lost it by
reason of his absence, while in the civil or military service of
the State, or of the United States, nor while a student at any
institution of learning, nor while kept at public expense in any
poor-house or other asylum, nor while confined in public prison.
Sec. 5. Privilege of voters. — Voters shall in all cases,
except treason, felony or breach of the peace, be privileged
from arrest during their attendance at elections, and in going
to and returning therefrom.
Sec. 6. Voters only, eligible to hold office. — No person
except a qualified elector shall be elected or appointed to any
civil or military office in the State.
Section 7 has been superseded by statute.
Sec. 7. The general election shall be held on the first
Tuesday in October in the years of our Lord eighteen hundred
and seventy-six, eighteen hundred and seventy- seven, and
eighteen hundred and seventy- eight, and annually thereafter
on such day as may be prescribed by law.
[Section 8 originally read: “All elections by the people
shall be by ballot; every ballot voted shall be numbered in the
order in which it shall be received, and the number be
recorded by the election officers on the list of voters opposite
the name of the voter who presents the ballot. The election
officers shall be sworn or affirmed not to inquire or disclose
how any elector shall have voted. In all cases of contested
elections, the ballots cast may be counted, compared with the
list of voters, and examined under such safeguards and regu-
lations as may be prescribed by law.”]
32 CONSTITUTION OF COLORADO.
Section 8 was amended, November 6, 1906, to read as
follows:
Sec. 8. Elections by ballot or voting machine. — All elec-
tions by the people shall be by ballot, and in case paper ballots
are required to be used, every ballot shall be numbered in the
order in which it shall be received, and the number recorded
by the election officers on the list of voters opposite the name
of the voter who presents the ballot. The election officers shall
be sworn or affirmed not to inquire or disclose how any elector
shall have voted. In all cases of contested elections in which
paper ballots are required to be used, the ballots cast may be
counted and compared with the list of voters, and examined
under such safeguards and regulations as may be provided by
law. Nothing in this section, however, shall be construed to
prevent the use of any machine or mechanical contrivance for
the purpose of receiving and registering the votes cast at any
election, provided that secrecy in voting be preserved.
When the governing body of any county, city, city and
county or town, including the city and county of Denver, and
any city, city and county or. town which may be governed by
the provisions of special charter, shall adopt and purchase a
voting machine, or voting machines, such governing body may
provide for the payment therefor by the issuance of interest-
bearing bonds, certificates of indebtedness, or other obligations,
which shall be a charge upon such city, city and county, or
town; such bonds, certificates or other obligations may be
made payable at such time or times, not exceeding ten years
from date of issue as may be determined, but shall not be
issued or sold at less than par.
Sec. 9. Witness in election trial. — In trials of contested
elections, and for offenses arising under the election law, no
person shall be permitted to withhold his testimony on the
ground that it may criminate himself, or subject him to public
infamy; but such testimony shall not be used against him in
any judicial proceeding, except for perjury in giving such
testimony.
Sec. 10. Imprisonment and Suffrage — No person while
confined in any public prison shall be entitled to vote; but
every such person who was a qualified elector prior to such
imprisonment, and who is released therefrorrwby virtue of a
pardon, or by virtue of having served out his full term of
imprisonment, shall, without further action, be invested with
all the rights of ci-tizenship ; except as otherwise provided in
this Constitution.
Sec. 11. Purity of elections. — The General Assembly shall
pass laws to secure the purity of elections, and guard against
abuses of the elective franchise.
Sec. 12. Election contests. — The General Assembly shall,
by general law, designate the courts and judges by whom the
several classes of election contests, not herein provided for,
CONSTITUTION OF COLORADO. 33
shall be tried, and regulate the manner of trial, and all matters
incident thereto, but no such law shall apply to any contest
arising out of an election held before its passage.
ARTICLE VIII.
State Institutions.
Sec. 1. Educational, reformatory, and penal institutions,
and those for the benefit of the insane, blind, deaf and mute,
and such other institutions as the public good may require,
shall be established and supported by the State, in such man-
ner as may be prescribed by law.
Sec. 2. Seat of government. — The General Assembly shall
have no power to change or locate the seat of government of
the State, but shall at its first session subsequent to the year
of our Lord, one thousand eight hundred and eighty provide
by law for submitting the question of the permanent location
of the seat of government to the qualified electors of the State,
at the general election then next ensuing, and a majority of all
the votes upon said question cast at said election, shall be
necessary to determine the location thereof. Said General
Assembly shall also provide that in case there shall be no
choice of location at said election, the question of choice
between the two places for which the highest number of votes
shall have been cast, shall be submitted in like manner to the
qualified electors of the State, at the next general election;
Provided, That until the seat of government shall have been
permanently located as herein provided, the temporary location
thereof shall remain at the City of Denver.
Sec. 3. Seat of government may be changed. — When the
seat of government shall have been located as herein provided,
the location thereof shall not thereafter be changed, except by
a vote of two-thirds of all the qualified electors of the State
voting on that question, at a general election, at which the
question of location of the seat of government shall have been
submitted by the General Assembly.
Sec. 4. Capitol building. — The General Assembly shall
make no appropriation or expenditure for capitol buildings or
grounds, until the seat of government shall have been perma-
nently located, as herein provided.
Sec. 5. Adoption of educational institutions. — The following
Territorial Institutions, to-wit: The University at Boulder,
the Agricultural College at Fort Collins, the School of Mines at
Golden, the Institute for the Education of Mutes at Colorado
Springs, shall, upon the adoption of this Constitution, become
Institutions of the State of Colorado, and the management
thereof subject to the control of the State, under such laws and
regulations as the General Assembly shall provide, and the loca-
tion of said Institutions, as well as all gifts, grants, and
34 CONSTITUTION OF COLORADO.
appropriations of money and property, real and personal, here-
tofore made to said several Institutions, are hereby confirmed
to the use and benefit of the same respectively; Provided, This
section shall not apply to any institution, the property, real
or personal, of which is now vested in the trustees thereof, until
such property be transferred by proper conveyance, together
with the control thereof, to the officers provided for the man-
agement of said Institution by this Constitution, or by law.
ARTICLE IX.
Education.
Sec. 1. Board of education. — The general supervision of
the public schools of the State shall be vested in a Board of
Education, whose powers and duties shall be prescribed by law,
the Superintendent of Public Instruction, the Secretary of State
and Attorney General shall constitute the Board, of which the
Superintendent of Public Instruction shall be President.
Sec. 2. Public schools. — The General Assembly shall, as
soon as practicable, provide for the establishment and mainten-
ance of a thorough and uniform system of free public schools
throughout the State, wherein all the residents of the State,
between the ages of six and twenty-one years, may be edu-
cated gratuitously. One or more public schools shall be main-
tained in each school district within the State, at least three
months in each year; any school district failing to have such
school shall not be entitled to receive any portion of the school
fund for that year.
Sec. 3. Inviolability of school fund. — The public school
fund of the State, shall forever remain inviolate and intact; the
interest thereon, only, shall be expended in the maintenance of
the schools of the State, and shall be distributed amongst the
several counties and school districts of the State, in such man-
ner as may be prescribed by law. No part of this fund, prin-
cipal or interest, shall ever be transferred to any other fund,
or used, or appropriated, except as herein provided. The State
Treasurer shall be the custodian of this fund, and the same
shall be securely and profitably invested as may be by law
directed. The State shall supply all losses thereof that may in
any manner occur.
Sec. 4. County and district school funds collected and dis-
bursed.— Each County Treasurer shall collect all school funds
belonging to his county, and the several school districts therein,
and disburse the same to the proper districts upon warrants
drawn by the County Superintendent or by the proper district
authorities, as may be provided by law.
Sec. 5. State school funds. — The public school fund of the
State shall consist of the proceeds of such lands as have here-
tofore been, or may hereafter, be granted to the State by the
CONSTITUTION OF COLORADO. 35
General Government for educational purposes; all estates that
may escheat to the State; also all other grants, gifts or devices
that may be made to this State for educational purposes.
Sec. 6. County superintendent. — There shall be a County
Superintendent of Schools in each county, whose term of office
shall be two years, and whose duties, qualifications and com-
pensation shall be prescribed by law. He -shall be ex officio
Commissioner of Lands within his county, and shall discharge
the duties of said office under the direction of the State Board
of Land Commissioners, as directed by law.
Sec. 7. Aid to private institutions forbidden. — Neither the
General Assembly, nor any county, city, town, township, school
district, or other public corporation, shall ever make any appro-
priation, or pay from any public fund or moneys whatever,
anything in aid of any church or sectarian society, or for any
sectarian purpose, or to help support, or sustain any school,
academy, seminary, college, university or other literary or sci-
entific institution controlled by any church or sectarian denom-
ination whatsoever; nor shall any grant or donation of
land, money or other personal property, ever be made by the
State or any such public corporation, to any church, or for any
sectarian purpose.
Sec. 8. Religious and color tests forbidden. — No religious
test or qualification shall ever be required of any person as a
condition of admission into any public educational institution
of the State, either as teacher or student; and no teacher or
student of any such institution shall ever be required to attend,
or participate in any religious service whatever. No sectarian
tenets or doctrines shall ever be taught in the public schools,
nor shall any distinction or classification of pupils be made on
account of race or color.
Sec. 9. State board of land commissioners. — The Gov-
ernor, Superintendent of Public Instruction, Secretary of State
and Attorney General shall constitute the State Board of Land
Commissioners, who shall have the direction, control and dis-
position of the public lands of the State, under such regulations
as may be prescribed by law.
Sec. 10. Control of public lands.— It shall be the duty of
the State Board of Land Commissioners to provide for the
location, protection, sale or other disposition of all the lands
heretofore, or which may hereafter be granted to the State, by
the General Government, under such regulations as may be
prescribed by law; and in such manner as will secure the
maximum possible amount therefor. No law shall ever be
passed by the General Assembly granting any privileges to
persons who may have settled upon any such public lands sub-
sequent to the survey thereof by the General Government, by
which the amount to be derived by the sale, or other disposition
of such lands, shall be diminished, directly or indirectly. The
36 CONSTITUTION OP COLORADO.
General Assembly shall, at the earliest practicable period, pro-
vide by law that the several grants of land made by Congress
to .the State shall be judiciously located and carefully preserved
and held in trust subject to disposal, for the use and benefit
of the respective objects for which said grants of land were
made, and the General Assembly shall provide for the sale of
said lands from time to time; and for the faithful application
of the proceeds thereof in accordance with the terms of said
grants.
Sec. 11. Compulsory education. — The General Assembly
may require, by law, that every child of sufficient mental and
physical ability, shall attend the public school during the period
between the ages of six and eighteen years, for a time equiva-
lent to three years, unless educated by other means.
Sec. 12. Regents of the state university. — There shall be
elected by the qualified electors of the State, at the first gen-
eral election under this Constitution, six Regents of the Univer-
sity, who shall immediately after their election be so classified,
by lot, that two shall hold their office for the term of two years,
two for four years and two for six years; and every two years
after the first election there shall be elected two Regents of the
University, whose term of office shall be six years. The
Regents thus elected, and their successors, shall constitute a
body corporate, to be known by the name and style of “The
Regents of the University of Colorado.”
Sec. 13. The president of the state university. — The
Regents of the University shall, at their first meeting, or as
soon thereafter as practicable, elect a president of the
University, who shall hold his office until removed by the
Board of Regents for cause; he shall be, ex-officio, a member
of the Board, with the privilege of speaking, but not of voting,
except in cases of a tie; he shall preside at the meetings of the
Board, and be the principal executive officer of the University,
and a member of the faculty thereof.
Sec. 14. Authority of the regents. — The Board of Regents
shall have the general supervision of the University, and the
exclusive control and direction of all funds of, and appropria-
tions to the University.
Sec. 15. School districts. — The General Assembly shall, by
law, provide for organization of school districts of convenient
size, in each of which shall be established a Board of Education,
to consist of three or more directors, to be elected by the
qualified electors of the district- Said directors shall have
control of instruction in the public schools of their respective
districts.
Sec. 16. Text-books. — Neither the General Assembly nor
the State Board of Education shall have power to prescribe
text-books to be used in the public schools.
CONSTITUTION OF COLORADO. 37
ARTICLE X.
Revenue.
Sec. 1. Fiscal year. — The fiscal year shall commence on
the first day of October in each year, unless otherwise provided
by law.
Sec. 2. Taxation. — The General Assembly shall provide by
law for an annual tax, sufficient, with other resources, to
defray the estimated expenses of the State Government for
each fiscal year.
[Section 3 originally read: “All taxes shall be uniform
upon the same class of subjects within the territorial limits of
the authority levying- the tax, and shall be levied and collected
under general laws, which shall prescribe such regulations as
shall secure a just valuation for taxation of all property, real
and personal; Provided, That mines and mining- claims bearing
gold, silver and other precious metals (except the net pro-
ceeds and surface improvements thereof), shall be exempt from
taxation for the period of ten years from the date of the adop-
tion of this constitution, and thereafter may be taxed as pro-
vided by law. Ditches, canals and flumes owned and used by
individuals or corporations for irrigating lands owned by such
individuals or corporations, or the individual members thereof,
shall not be separately taxed, so long as they shall be owned
and used exclusively for such purpose.”]
But Section 3 was amended November 8, 1892 to read as
follows:
[Section 3: 'All taxes shall be uniform upon the same
class of subjects within the territorial limits of the authority
levying the tax and shall be levied and collected under general
laws which shall prescribe such regulations as shall secure a
just valuation for taxation of all property, real and personal,
Provided, That the household goods of every person being the
head of a family, to the value of two hundred dollars, shall be
exempt from taxation. Ditches, canals, and flumes owned and
used by individuals or corporations for irrigating lands owned
by such individuals or corporations, or the individual members
thereof, shall not be separately taxed so long as they shall be
owned and used exclusively for such purposes; And Provided,
Further, That the provisions of this section shall not effect
such special assessments for benefits and municipal improve-
ments as the corporate authorities of cities, towns or improve-
ment districts may assess and collect under provisions to be
prescribed by law."]
But was reamended November 8, 1904, to read as follows:
Sec. 3. — All taxes shall be uniform upon the same class of
subjects within the territorial limits of the authority levying
38 CONSTITUTION OF COLORADO.
the tax and shall be levied and collected under general laws
which shall prescribe such regulations as shall secure a just
valuation for taxation of all property, real and personal;
Provided, That the personal property of every person being the
head of a family, to the value of two hundred dollars, shall be
exempt from taxation. Ditches, canals, and flumes owned and
used by individuals or corporations for irrigating lands owned
by such individuals or corporations, or the individual members
thereof, shall not be separately taxed so long as they shall be
owned and used exclusively for such purposes.
Sec. 4. Property exempt from taxes. — The property, real
and personal, of the State, counties, cities, towns and other
municipal corporations, and public libraries, shall be exempt
from taxation.
Sec. 5. Further exemption. — Lots, with the buildings
thereon, if said buildings are used solely and exclusively for
religious worship, for schools, or for strictly charitable pur-
poses, also cemeteries not used or held for private or corporate
profit, shall be exempt from taxation, unless otherwise provided
by general law.
Sec. 6. Further laws of exemption forbidden. — All laws
exempting from taxation, property, other than that hereinbefore
mentioned shall be void.
Sec. 7. Power to delegate authority to tax. — The General
Assembly shall not impose taxes for the purposes of any county,
city, town, or other municipal corporation, but may by law,
vest in the corporate authorities thereof respectively the power
to assess and collect taxes for all purposes of such corporation.
Sec. 8. No release from taxation. — No county, city, town or
other municipal corporation, the inhabitants thereof, nor the
property therein, shall be released or discharged from their or
its proportionate share of taxes to be levied for State purposes.
Sec. 9. Corporations must be taxed. — The power to tax cor-
porations and corporate property, real and personal, shall
never be relinquished or suspended.
Sec. 10. Property of corporations subject to taxation. —
All corporations in this State, or doing business therein, shall
be subject to taxation for State, county, school, municipal and
other purposes, on the real and personal property owned or
used by them within the territorial limits of the authority levy-
ing the tax.
[Section 11 originally read: "The rate of taxation on prop-
erty for State purposes, shall never exceed six mills on each
dollar of valuation, and whenever the taxable property within
the State shall amount to one hundred million dollars, the rate
shall not exceed four mills on each dollar of valuation; and
whenever the taxable property within the State shall amount
to three hundred million dollars, the rate shall never thereafter
exceed two mills on each dollar of valuation unless a propo-
