safety and happiness.
and defending their lives and liberties; that of acquiring, possess- ing and protecting property and of seeking and ohtaining their
SEC. 3. I hat all persons have certain natural, essential and inal
ienable rights, among which may be reckoned the right of enjoying
stitution of the United States.
11 ו
of government whenever they may deem it necessary to their safety
and happiness provided such change be not renugnant to the Consive right of governing themselves, as a free, sovereign and independent State; and to alter and abolish their constitution and form
SEC. 2. That the people of this State have the sole and excluple, is founded upon their will only, and is instituted solely for the sood of the whole
SECTION I. Ihat all political power is vested in and derived from
the people; that all government, of right, originates from the peodeclare :
In order to assert our rights, acknowledge our duties, and pro- claim the nrinciples upon which our government is founded we
BILL OF RIGHTS.
ARTICLE II.
place of beginning.
on said meridian to the thirty-seventh parallel of north latitude;
thence alona caid thirtucounth parollol of north lotitudo to the
of north lattitude; thence along said parallel west to the thirtysecond meridian of longitude west from Washington: thence south
mgton
the same; thence north on said meridian to the forty-first parallel
Commencing on the thirty-seventh parallel of north latitude, where the tuentr fifth moridian of loncitudo uoat fоm Mоchinaton or
The boundaries of the State of Colorado shall be as follows:
BOUNDARIES.
ARTICI FI
SEC. 11. That no ex post facto law, nor law impairing the obligathereof may be given in evidence, and the jury, under the direction of the court shall determine the law and the fact
whatever he will on any subject, being responsible for all abuse of
that liberty; and that all suits and prosecutions for libel, the truth
speech; that every person shall be free to speak, write or publish
cases of natural death.
SEC JO That no law shall he pssed impairinr the froodom of
ruption of blood or forfeiture of estate ; that the estates of
persons as may destroy their own lives shall descend or vest as
such
in
casq felony by the General Assembly; that no conviction can work corthe testimony of two witnesses to the same overt act, or on his
fession in open court that no nderson can be attaintod of td
coning
and war agaınst it, or in adhering to its enemies, giving them comfort; that no person can be convicted of treason unless
aid
on
SEC. 9. That treason against the State can consist only in levyIn all other cases offenses shall be prosecuted criminally by indictment or information
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.
for Dy law, no person snan,
a felony, be proceeded against criminally, otherwise than by
ported by oath or affirmation, reduced to writing. SEC 8 That until otherцісо ркonidod bu loTT 111
without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause. suncas les ana res; aua
warrant to search any place or seize any person or thing shall issue
SEC. 7. That the people shall be secure in their persons, papers, homes and effectr from
character; and that right and justice should be administered without sale, denial, or delay.
pen to every person, anq
a speedy remedy afforded for every injury to person, property, or
exercise of the right of suffrage. Sяс 9 Thot courto ofiuatiee aboll
SEC. 5. That all elections shall be free and open; and no power, civil or military, shall at any time interfere fo nrevent the free
wor shall any prererenc
given by law to any religious denomination or mode of worship.
or support any ministry or place of worship, religious sect, denomination prvinat hio Mal1i
or
licentiousness, or justify practices inconsistent with the good order,
peace, or safety of the State. No person shall be required to attend
be
OI Consclence eDy red shall
construed to dispense with oaths or affirmations, excuse acts
not
of
right, privilege or capacity, on account of his opinions concerning roligion but tha lih 111
fession and worship, without discrimination, shall forever hereafter be guaranteed: and no person shall be denied any civil or political
SEC. 4. That the free exercise and enjoyment of religious pro4 CONSTITUTION OF THE
notice. and The accused shall have the right to appear in person
by counsel. If he have no counsel, the Judge shall assign him one
and the attorney prosecuting for the people, shall have reasonable
him earliest time he can attend, at some convenient place by
enpointad for that purnose of which time and place the accused
discharged; if he cannot give security, his deposition shall be taken
by some Judge of the Supreme, District, or. County Court, at the
in order to take his deposition, If he can give security he shall 11 1 be
SEC. 17. That no person shall be imprisoned for the purpose of
aoaurino hir toctimonu in an case longer than may he necessary
jury of the county or district in which the offense is alleged to have
been committed.
agam
of witnesses in his behalf, and a speedy public trial by an impartial
the nature and cause of the accusation; to meet the witnesses
roinot him foce to fce to hawe process to comnel the attendance
SEC. 16. That in criminal prosecutions the accused shall have
the right to appear and defend in person and by counsel; to demand
legislative assertion that the use is public.
a question whether the contemplated use be really public, shall be iudigiol quoction and determinep ts such without rerard to any
rights of the owner therein divested; and whenever an attempt is
made to take private property for a use alleged to be public, the
the property shall not be needlessly disturbed, or the proprietary
of the property, in such manner as may be prescribed by law,
uatil tha oomeshall be paid to the owner orinto court for the owner
and
pensation shall be ascertained by a board of commissioners, of less than three freeholders, or by a jury, when required by the owner
not
for public or private use, without just compensation. Such comtary purposes.
So ir Thot priueto propertu shall not be taken or damared
and except for resorvoirs, drains, flumes or ditches on or across
lands of others, for agricultural, mining, milling, domestic or sanithe.
14. al P
unless by consent of the owner, except for private ways of necessity,
of carrying concealed weapons. So Thot priuoto propertu chall not be taken for priwate use
when thereto legally summoned, shall be called in question;
nothing herein contained shall be construed to justify the practice
bu
EC. 13.
defense of his home, person and property, or in aid of the civil power
where there is a strong presumption of fraud. зо a Thot tho right of no percon to reen and bear arms in
in
upon refusal to deliver up his estate for the beneht of his creditors,
such manner as shall be prescribed by law, or in cases of tort or
snan de passed by шe
SEC. 12. That no person shall be imprisoned for debt, unless
irrevocable grant of special privileges, franchises or immunities, aall hod hu thoConorol comhlu
tion of contracts. or retrospectiye in its operation, or making any
STATE OF COLORADO. 5
by the people.
SEC. 28. Ihe enumeration in onstitution of certain rights
shall not be construed to deny, impair, or disparage others retained
pose of property, real and personal, as native born citizens.
SEC. 27. Aliens, who are or who may hereafter become bona fide
residents of this State may acguire inherit possess enioy and disinvoluntary servitude, except as a punishment for crime, whereof
party shall have been duly convicted.
the
SEC. 26. That there shall never be in this State either slavery or
SEC. 25. That no person shall be deprived of life, liberty,
property without due process of laX7
or
powers of government for redress of grievances, by petition or
remonstrancе.
for the common good, and to apply to those invested with the
the grand jury system. SEC 24 That the peonle have the rirht peaceably to assemble
twelve men, any nine of whom concurring may hnd an indictment;
provided, the General Assembly may change, regulate or abolish
may be prescribed by law. Hereafter a Grand Jury shall consist of
inal
in
cases; but a jury in civil cases in all courts, or in criminal cases
courts not of record may consist of less than twelve men as
of war except in the manner aw. prescribed by
SEC. 23. The right of trial by jury shall remain inviolate in crimtered in any house without the consent of the owner, nor in time
to SEC. 22. That the military shall always be in strict subordination
the civil power that no soldier shall in time of peace he quare
never be suspended, unless when, in case of rebellion or invasion,
the public safety may require it.
SEC. 21. That the privilege of the writ of habeas corpus shall
SEC. 20. That excessive bail shall not be required, nor excessive
fines imposed nor cruel anp ndusual dunishments inffiGed
except for capital offenses, when the proof is evident or the presumption great.
SEC. 19. That all persons shall be bailable by sufficient sureties, 1
error in law, the accused shall not be deemed to have been
ieopardz
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
himself in a criminal case, nor shall any person be twice put in
exception shall be taken to such deposition as to matters of form.
SEC I8 That no pers person shall be comnelled to testify against
opínion of the Court, the personal attendance of the witness might
be procured by the prosecution, or is procured by the accused. No
before said Judge, but such deposition shall not be used if, in the
in that behalf only. On the completion of such examination
witness shall be discharred on his own recognizance entered
the
in
6 ONSTITUTION OF THE
scribed by law.
ballot. contes elections
by the two Houses, on joint ballot, in such manner as may be preone of them shall be chosen thereto by the two Houses, on joint
11 fon tho oid officer chall be determined
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,
who shall for that purpose as
tives. The person having the highest number of votes for either
majority of the members of both Houses of the General Assembly,
11 1 aomblo in the House of Representadiately, upon the organization of the House, and before proceeding
to other business onen and publish the same in the presence of a
shall
to
be sealed up and tranS
the Speaker of the House of Representatives, who shall immeelectors of the State. The returns of every election for said officers
111 dumittod to tho Socrotaru of State directed
be
SEC. 3. The officers named in section one of this article, shall
chosen on the day of the general election, by the qualified
vested in оr, o sna
fully executed.
be SEC. 2. The supreme executive power of the State shall
1 ahall telro aaro that the laus be faithd
they shall keep the public records, books and papers. They sha
perform such duties as are prescribed by this Constitution or by law.
EX tive Department, excepng
during their term of offices, reside at the seat of government, where
the first meeting of the General Assembly. The officers of the
D atin tho I ioutenant Gorernor shall
provided, that the terms of office of those chosen at the first election
held under this Constitution. shall begin on the day appointed for
tion, of wnom snal
beginning on the second Tuesday, of January next after his election;
Treasurer, Attorney General, and Superintendent of Public Instruc- llleld bi offc for the term of two wears
SEC. 1. The Executive Department shall consist of a Governor,
Lieutenant Governor. Secretary of State. Auditor of State, State
EXECUTIVE DEPARTMENT.
ARTICLE IV.
exercise any power properly belonging to either of the others,
except as in this Constitution expressly directed or permitted.
-and no person, or collection of persons, charged with tne
cise of powers properly belonging to one of these departments, shall
three distinct departments-the Legislative, Executive and Judicial
DISTRIBUTION OF
The powers of the government of this State are divided into
ARTICLE III.
TE
reasons for his act
thereafter, a transcript of the petition, all proceedings, and the
plying for pardons, but he shall in every case where he may exercise this power send to the General Assembly. as its first session
treason, and except in case of impeachment, supject to sucn reg
lations as may be prescribed by law relative to the manner of apcommutations and pardons after conviction, for all offenses except 1
journal.
SEC The Governor shall haye nower to grant reprieves
ing upon nominations they all sit open doors, and the vb
shall be taken by ayes and noes, which shall be entered upon the
upon Executive nominations may sit with closed doors, but in act11 1
his office until his sucessor shall be elected and qualified in such
manner as may he nrovided by law The Senate in deliberatino
by death, resignation, or otherwise, it shall be duty of the G
ernor to fill the same by appointment, and the appointee shall hold
General, or Superintendent of Public Instruction, shall be vacated
1111
when he shall nominate some person to fill such office. If the office
of Auditor of State State Treasurer Secretary of State Attorney
occur in any such ofhice, the Governor appoint some nt person
to discharge the duties thereof until the next meeting of the Senate,
feasance in office. If duringg the recess of11 the Senate a vacancy
appointment or election is not otherwise provided for, and may
remove any such officer for incomnpetency neglect of duty or malsent of the Senate, appoint all officers whose offices are estal
by this Constitution, or which may be created by law, and whose
SEC. 6. The Governor shall nominate, and by and with the111
conservice of the United States. He shall have power to call out the
militia to evecute the laws suppress insurrection or renel inyasion
SEC. 5. The Governor shall be commander-in-chief of the military
forces of the State, except when they shall be called into actual
ceding his election.
above prescribed therefor, he shall be a citizen of the United States,
and hve resided within the limits of the State two vears next nreshall be eligible thereto; but eafter no person shall be eligible
to any one of said-offices, unless, in addition to the qualifications
the qualifications above herein prescribed for any one of said officers,
1
first election under this Constitution, any person being a qualified
elector at the time of the adoption of this Constitution and having
five years, and be a licensed attorney of. the Supreme Court of
State, or of the Territory of Colorado, in good standing. At the
the
a
of Attorney General unless he shall have attained the age of twentyof Auditor of State, Secretary of State, or State Treasurer, unless
he shall haue attained the e of twentu five wears nor to the office
Lieutenant Governor or Superintendent of Public Instruction, unless
he should have attained the age of thirty years, nor to the office
SEC. 4. No person shall be eligible to the office of Governor,
8 CONSTITUTION OF THE
2
adjournment, or else become a law.
return, in which case it shall be filed, with his objections, in the
office of the Secretary of State within thirty days after such
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
Governor within ten days after it shall have been presented to
1 1 him,
vote of each House shall be determined by ayes and noes, to
entered unon the iournal If any bill shall not be returned hy
be
the
men ers cted to House, it shal! become a law, notwith
standing the objections of the Governor. In all such cases the
shall likewise be reconsidered, and if approved by two-thirds of the
thirds of the members elected agree to pass the same, it shall
sent together with the obiections to the other House by which
be
it
which
upon
it originated, which House shall enter the objections at large
its journal, and proceed to reconsider the bill. If then twoapprove, he shall return it, with his objections, to the House
11 1.
in
it becomes a law, be presented to the Governor. If he approve, he shall sign it and thereupon it shall become a law but’if he do not
of the next regular session.
SEC. 11. Every bill passed by the General Assembly shall, before
adjourn the General Assembly to a day not later than the first day 1
two Houses as to the time of adjournment, may, upon the same
being certified to him hu the House last moving adiournment
dinary session for the transaction of executive business.
SEC. 1O. The Governor, in case of a disagreement between the
ation. He may, by proclamation, convene the Senate in extraorfor which it is assembled; but at such special session no business
shall be transated other than that specially named in the proclam
SEC. 9. Ihe Governor may, on extraordinary occasions, convene
the General Assembly, by proclamation, stating therein the purpose
taxation for all purposes of the State.
him. He shall, also, at the commencement of each session, present estimates of the amount of monex reguired to be raised b
send to the General Assembly a statement, with vouchers, of
expenditures of all moneys belonging to the State, and paid outby
ommend such measures as he shall deem expedient. He shall also
session, and from time to time, by message, give to the General
Assembly information of the condition of the State and shall rec.
condition, management and expenses of their respective offces and
institutions. The Governor shall, at the commencement of each
managers of State institutions, upon any subject relating to the
given upon oath whenever so required; he may also require information in writino at an time under oth from all officers and
the officers of the Executive Department upon any subject relating
to the duties of their respective offices, which information shall be
SEC. 8. The Governor may require information in writing from
STATE OF COLORADO. 9
same to the General Assembly.
each regular session of the General Assembly, make full and complete report of their actions to the Governor, who shall transmit the
public institutions of the State, shall, at least twenty days preceding
under oath.
SEC I7 The officers of the Fvecutive Denartment and of all
service performed, and of all moneys disbursed by them severally,
and a semi-annual report thereof shall be made to the Governor,
moneys received by them severally from all sources, and for every
titeSEC. 16. An account shall be kept by the officers of the ExecuDenartment and of all nublic institutions of the State of all
become incapable of performing the duties of Governor, the same
shall devolve upon the Speaker of the House.
President of the Senate, for any of the above named causes, shall
tem.,
ant until such disqualification of either the Governor or LieutenGovernor he removed or the vacancy he flled and if the
of
the
both the Governor and utenant Governor, the duties
Governor shall devolve on the President of the Senate
of
pro
felony or infamous misdemeanor, or disqualification from any cause,
SEC. 15. In case of the failure to qualífy in his office, death,
resionation absence from the State impeachiment conviction of
form the duties of the Lieutenant Governor, until the vacancу
filled or the disability removed.
1S
of Governor, then the President pro tem. of the Senate shall percase of the absence, impeachment or disqualification from any
cause of the I ieutenent Governor or wwhen he shall hold the office
SEC. 14. The Lieutenant Governor shall be President of
Senate, and shall vote only when the Senate is equally divided.
the
In
Lieutenant Governor.
powers, duties and emoluments of the office, for the residue of the
term or until the disability be removed shall devolve unon the
telony or infamous misdemeanor, failure to quality, resignation,
absence from the State, or other disability of the Governor, the
SEC. 13. In case of the death, impeachment, or conviction of
LIEUTENANT GOVERNOR.
sidered, and each item shall then take the same course as is prescribed for the passage of bills over the Executive veto.
tions thereto, and the items objected to shall be separately reconhe
of shall transmit to the House in which the bill originated a copy the item or items thereof disapproved together with his obiec
law,
in
and the item or items disapproved shall be void, unless enacted
manner following: If the General Assembly be in session,
ing distinct items, and part or parts of the bill approved shall be
SEC. 12. The Governor shall have power to disapprove of any
item or items of any bill making anpronriations of monex embrac.
N OF THE
Territorial laws, shall be eligible to the first General Assembly.
shall be chosen; provided, that any person who at the time of the
adontion of this Constitution was a qualified elector under the
nths next preceding his election nave resided In tne 1 er
tory included in the limits of the county or district in which he
be a citizen of the United States, who shall not for at least twelve
1 ided ichin th Toil
SEC. 4. No person shall be a Representative or Senator who
shall not have attained the age of twenty-five vears. who shall not
except ed, ana or tne
two years!
SEC. 3. Senators shall be elected for the term of four years,
the
yacancies
powers of Governor, shall issue writs of election to fill such
ons for members OI Legislative s
tmereon
vacancies occur in either House, the Governor, or person exercising
manner prescribed by the laws of Colorado Territory regulating
vided by law. The first election for members of the General
semhly under the State organization shall be conducted in
Asthe
1870 and 1878, and in ea year r, on sucn day,
at such places in each county as now are or hereafter may be přobe held on the first Tuesday in October, in the years of our Lord
atives, both to be elected by the people.
SEC 2 An election for members of the General Assemblv shall
I ne legisiative power shall be vested i the Geer
Assembly, which shall consist of a Senate and House of RepresentLEGISLATIVE DEPARTMENT
T1.. 11. odin ho Comomoll
ARTICLE
SEC. 21. Neither the Sta er nor State nuaitor
eligible for re-election as his own immediate successor.
officio State Librarian.
the same into the State treasury.
SEC 20 The Superintendent of Public Instruction shall be ex
shall be the duty of all such officers to lect in an e
prescribed by law for services renderėd by them severally, and pay
It
11 So shall not be increased or diminished during their official terms. 11 11 11
shall SEC. 19. The officers named in section one of this Article,
receive for their services a salary to be established by law. which
now used, shall be the seal of the e wise prq
law.
the State of Colorado." The seal of the Territory of Colorado,
11 11
as
SEC. 18. There shall be a seal of the State, which shall be kept
by the Secretary of State and shall be called the “Great Seal of
STATE OF
SEC. 12. Each House shall have power to determine the rules
but a smaller number may adjourn from day to day, and compel
the attendance of absent memhers
qualifcation of its members.
SEC. II. A majority of each House shall constitute a quorum,
shall choose its other officers, and shall judge of the election and
one of its members President pro tempore. The House of Representatives shall elect one of its memhers as Speaker Fach House
SEC. 10. The Senate shall, at the beginning and close of each
regular session, and at such other times as may be necessary, elect
mileage, under any law passed during such term.
SEC. 9. No member of either House shall, during the term
which he mam have been elected receive any increase of salary7
for
or
the militia) under the United States, or this State, shall be a member of either House during his continuance in office.
holding any office (except of attorney-at-law, notary public, or in
which office he shall have been elected, be appointed to any civil
under this State and no memher of Congress or other person
otherwise provided by law.
'SEC. 8. No Senator or Representative shall, during the time for
on the first Wednesday of November next after their election, until
year forever thereafter, and at other times when convened by
Gouernor The term of service of the members thereof shall berin
the
noon, on the hirst Wednesday in January, A. D. 1879, and at
o’clock, noon, on the first Wednesday in January of each alternate
12
on the first Wednesday in November, A. D. 1876; and at 12 o’clock,
provided, that no General Assembly shall fix its own compensation.
SEC The General Assemblz shall meet t 12 o’clock noon
forty
bers
days. After the hrst session, the compensation of the memof the General Assembly shall be as provided by law;
No session of the General Assembly, after the first, shall exceed
going to and returning from the seat of government; and
receue no other compencation perauisite or allowance whatsoerer
shall
pensation for his .services, shall receive four dollars for each day’s
attendance, and fifteen cents for each mile necessarily traveled in
SEC. 6. Each member for the first General Assembly, as a comthat one-half of the Senators, as near as practicable, may be
bionniallchocen foreer therenfter
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
be equally divided between the two classes. The Senators of one
odd numbers shall constitute the other class, except that Senators
oloctod in och of the dictricte havinr more than one Senator shall
two classes. Those elected in districts designated by even numbers
shall constitute one class: those elected in districts designated by
SEC. 5. The Senators, at their first session, shall be divided into
12 CONSTITUTION OF THE
expressed in its title; but if any subject shall be embraced in any
SEC. 21. No bill, except general appropriation bills, shall d oontoinin o tho ono oubioot uuhioh aholl ho
be
referred to a committee, returned therefrom, and printed for the use
of the members.
days on, snan decone
SEC. 20. No bill shall be considered or become a law unless
1n
d of th
either House of the General Assembly after the first twenty-five
akoll1
to each House, otherwise direct. No bill except the general appropriation for the expenses of the government only. introduced
snaT expressed in the pream or boay of the act) the Gen
Assembly shall, by a vote of two-thirds of all the members elected
ninety days after its passage, unless in case of emergency (which
enacted by the General Assembly of the State of Colorado.”"
SEC. Lo. No act of the General Assembly shall take effect until
change its original purpose.
SEC. 18. The style of the laws of this State shall be: "Be it
be so altered or amended on its passage through either House as to
1
either House they shall not be questioned in any other place.
SEC. 17. No law shall be passed excent hy bill and no hillshall
tendance at the sessions
to
their respective ses, and in going
and returning from the same; and for any speech or debate in
or surety of the peace, be privileged from arrest during their atIT
SEC. 16. The members of the General Assembly shall, in all cases
excent treason felony violation of their path of office and breach
adjourn for more than three days, nor to any other place than
in which the two Houses shall be sitting.
1 SEC. 15. Neither House shall, without the consent of the other, 1
the whole, shall be open, unless when the business is such as ought
to be kent secret
journal.
SEC. 14. The sessions of each House, and of the committees of
question shall, at the desire of any two members, be entered on the
and may in its discretion, from time to time, publish the same,
excent such parts as require secrecy and the aves and noes on
bar an indictment for the same offense.
SEC. 13. Each House shall keep a journal of its proceedings,
bly, and punishment for contempt or disorderly behavior shall not
of a free State. A member, expelled for corruption, shall not thereafter be elimible to either House of the same General Assem
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
offers of bribes, or private solicitation, and, with the concurrence of
contempt or disorderly behavior in its presence; to enforce obe- dience to its process to protect its memhers arinst violence or
of its proceedings and punish its members or other persons for
STATE OF COLORADO. 13
applicable, no special law shall be enacted.
ive privilege, immunity or franchise
whatever. In all other cases, where a general law can be made
down railroad tracks; granting to any corporation, association indwidual onoiol
or
ing to any corporation, association or individual the right to lay
or forfeitures; creating, increasing or decreasing fees, per centage
allowances of public officers: changing the law of descent. orant
or
tering or licensing ferries or toll bridges; remitting fines, penalties
of others under disability; the protection of game or fish; `charopening or conducting of any election, or designating the place of
voting the sale or mortaage of real estate belonaing to minora
of common schools; regulating the rate of interest on money; the
or
alid deeds; summoning
impaneling grand or petit juries; providing for the management
criminal cases; declaring any person of age: for limitation of
actions or civino offoot to infosllid d.,
civil
any trial or inquiry; providing for changes of venue in civil or
regulating the jurisdiction and duties of justices of the peace, police
magistrates and constables changing the rules of evidence in
or township affairs; regulating the practice in courts of justice;
ys an
grounds; locating or changing county seats; regulating county
granting divorces; laying out, opening, altering or working roads
or highwavs vacating roade touun platc otrootg ollog blis
laws in any of the following enumerated cases, that is to say: for
De and published at length.
SEC. 25. The General Assembly shall not pass local or special
much thereof as is revived, amended, extended or conferred, shall 1
SEC. 24. No law shall be revived, or amended, or the provisions thereof extended or conferred by reference to its title onlu but co
jority of the members elected thereto, taken by ayes and noes, and
names of those voting recorded upon the journal thereof. the
conference be adopted in either House, except by a vote of a maSEC. 23. No amendment to any bill by one House shall be con- curred in by the other nor shall the renort of anu committoo of
on its final passage the vote be taken by ayes and noes, and the
names of those voting be entered on the journal.
a majority of all the members elected to each House, nor unless
shall be printed for the use of the members, before the final vote is
taken on the hill and no bill shall become a lam exceрpt bu uoto of
SEC. 22. Every bill shall be read at length, on three different days, in each House; all substantial amendments made thereto
only as to so much thereof as shall not be so expressed.
act which shall not be expressed in the title such act chall bo uoid
14 CONSTITUTION OF THE
trial,
SEC. 34. No appropriation shall be made for charitable, indusБепоцolont purposes to any person cornoraupon appropriations made by law, and on warrant drawn by the
the proper officer in pursuance thereof.
be separa
SEC. 33. No money shall be paid out of the treasury except
public debt, and for public schools. All other appropriations shall
o bill oh embracino but one subiect
but appropriations for the ordinary expenses of the Executive,
Legislative and Judicial Departments of the State, interest on the
in case of otner D1
SEC. 32. The general appropriation bill shall embrace nothing
of Representatives; but the Senate may propose amendments, as
under this Constitution.
SEC 31. All bills for raising revenue shall originate in the House
providea, this shall not de
to fix the salary or emoluments of those first elected or appointed
minish.27b his salary or emoluments
after his election or appointment; atsuod to forbid the General Assembly
law
SEC. 30. Except as otherwise provided in this Constitution, shall extend ihe term of any public officer, or increase or
no
diand all such contracts sn
ernor and State Treasurer.
government shall be in any way interested in any such contract; 11 11 ho oubioat to the anproval of the Goysuch maximum price and under such regulations as may be
scribed by law No member or officer of any department of the
preof the al A y and
under contract, to be given to the lowest responsible bidder, below
repairing and furnishing the halls and rooms used for the meeting ed ito nommittoor chall be nerformed
and the printing and binding and distributing of the laws, journals,
department reports. and other printing and binding; and the
SEC. 29. All st ry printung, n
legislative and other departments of government, shall be furnished;
vious authority of law.
A11 ond fuel used in the
services shall have been rendered or contract made, nor providing
for the nayment of any claim made against the State without preto
SEC. 28. No bill shall be passed g y cx
any public officer, servant or employe, agent or contractor, after
officer or employe elected or appointed in pursuance of law.
11 uontra compensation
each House; and no payment shall be made from the State Treasurn or be in any way authorized to any person, except to an acting
SEC. 27. AssemDiy Ssnan
number, duties and compensation of the officers and employes of
the fact of signing shall be entered on the journal. ahali рикibo bu the
joint resolutions passed by the General Assembly, after their titles
shall have been publicly read. immediately before signing; and
SEC. 26. Ihe presiding
presence of the House over which he presides, sign all bills and
f h Houon chall 'in the
STATE OF COLORADO 15
any otner imea
shall be deemed guilty of bribery, and any member of the General
any other member hath given his vote or influence for or against
ecition in cuch General Assemblu he
1
against any other measure or proposition pending or proposed
be introduced in such General Assembly, or in consideration
to
that
assent ao, upon conb
will promise or assent to give his vote or influence in favor of or
position pending in such General Assembly, or offer, promise dition thot onu othor momhor will give
or
or
of solicitation of bribery. If any member of the General Assembly
shall give his vote or influence for or against any measure or propending
the
proposed to be imtrо
person making such offer or promise, shall be deemed guilty
influence in favor of or against any other measure or proposition, heod in ouoh Conornl Accomblr
upon condition that any other person elected to the same General
Assembly will give or will promise or assent to give his vote or
favor of or against any measure
to
on, penung or p
be introduced into the General Assembly, in consideration or
Assembly shall offer or promise to give his vote or influence
aisid pondina
in
limitations prescribed in case of a bill.
SEC 40 If any person elected to either House of the General
take effect, be approved by nim, or ed, snan De
re-passed by two-thirds of both Houses, according to the rules and
two Houses, shall be presented to the Governor, and before it shall
erod oho11
rence of both Houses may be necessary, except on the question of
adiournment or relating solely to the transaction of business of the
except by payment thereof into proper treasury.
SEC. 39. Every order, resolution or vote to which the concurAssembly, nor shall such liability or obligation be extinguished
ration therein, shall ever be exchanged, transferred, remitted,
released or nostponed or in any way diminished by the General
on SEC. 38. No obligation or 1 ty of ar on, association
corporation, held or owned by the State, or any municipal corponer as shall be provided by law.
SEC. 37. The power to change the venue in civil and criminal shajl he vested in the courfts to be exercised in such a manians, or other trustees, in the bon ck of any private cor
ration.
investment of trust funds by executors, administrators, guardtaxes, or to perform any municipal function whatever.
SEC 26 No 2ct of the General Assemhly shall authorize the
supervise or interfere with any municipal improvement, mo
property or effects, whether held in trust or otherwise, or to
ney,
levy
commission, private corporation or association, any power to make,
to any denominational or sectarian institution or association.
SEC 2r The General Assembly shall not delegate to any speciall
tion or community not under the absolute control of the State, nor
16 CONSTITUTION OF THE
tives shall never exceed one hundred.
3
nnber in eacn
provided, that the aggregate number of Senators and Representathe number of Senators and Representatives, preserving, as near may be the present pronortiono to th 1. TT
as
increased until the year of our Lord one thousand eight hundred and ninety, after which time the General Assembly may increase
ty-six, and the House
of Representatives forty-nine members, which number shall not be
by law.
SEC 6 The Senato choll
on
anu adjust the apportionment for Senators and Representatives the basis of such enumeration, according to ratios to be fixed
enumeration made by the authority of the United States, shall re1885, and every tenth year thereafter; and at the session next lowing such enumeration and also at the session next following
fol45. an e General Assembly shall provide by law for enumeration of the inhabitants of the State in the year of our Lord
divide the State into Congressional Districts accordingly.
T.
in such manner as may be prescribed by law. When a new appor- tionment shall be made by Congress. the General Assembly shall
le State at large at the first election under this Constitution, and thereafter at such times and places and
SEC. 44. One Representative in the Congress of the United States shall be electod from tho 34-4 1
CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT.
Ber, and shall not vote thereon.
tme General Assembly, shall disclose the fact to the House of which he is a
11
SEC. 43. A member who has a personal or private interest
any measure or bill proposed or pandinr hofono l c.
in
snal by law, and shall be punished by fine and impris- onment.
patron or practice o1
itation 111 1 of
1Jsuch
11members or officers to influence their official action,
General Assembly, or of public officers of the State, or of any municipal division thereof and any coupotial 11
ana punished in such manner as shall be provided by law. SEC. 42. The offense of corrupt solicitation of members of the
ce h in the periormance o
any of1 his public or official duties, shall be deemed guilty of bribery,
personal advantage to any executive or judicial officer or member of the General Assembliu to infuon bim in
or
DEC. 41. Any person who shall directly or indirectly offer, give promise any money or thing of yalue. testimonial privilege or
cn enalty
may be prescribed by law.
as
eligible to the same General Assembly; and, on the conviction thereof in the civil courte chall bo liobl 1
Assembly, or person elected thereto; who shall be guilty of either such offenses shall be expelled. and shall not be thereafte of
17
and be entitled to one Senator.
and be en
The county of Conejos shall constitute the nineteenth district,
The county of Costilla shall constitute the eighteenth district,
The county of Las Animas shall constitute the seventeenth district and he entitled to two Senators.
I he county of ueriano sn
and be entitled to one Senator.
be entitled to one Senator.
ahell eonctitute the sirteenth district
and be entitled to one Senator.
The county of Pueblo shall constitute the fifteenth district, and
tecnth district, and de enti
The county of Fremont shall constitute the fourteenth district,
The counties of Lake and Saguache shall constitute the thirno Sonotor
The coúnty of Park shall constitute the twelfth district, and be
entitled to one Senator
and
Ihe county of Douglas shall
be entitled to one Senator.
entitled to one Senator.
111 atitute tho oloenth distric
trict, and be entitled to one Senator.
The county of El Paso shall constitute the tenth district, and be
be entitled to four Sen
The counties of Elbert and Bent shall constitute the ninth disThe county of Arapahoe shall constitute the eighth district and
The county of Jefferson shall constitute the seventh district, and
be entitled to one Senator
The county of ar ute tme
and be entitled to two Senators.
fifth district, and be entitled to one Senator.
e the oiuth dictrict
entitled to one Senator.
The counties of Gilpin Summit and Grand shall constitute the
entitled to two Senators.
The county of Gilpin shall constitute the fourth district, and be
The county of Boulder shall constitute the third district,and be
The county of Larimer shall constitute the second district, and
be entitled to one Senator
titled
The county of Weld shall cons e nrst ict, anp
to one Senator.
shall be constituted and numbered as follows:
11 . t nd bo or
SEC. 48. ÜUntil the State shall be divided into Senatorial Districts in accordance with the provisions of this article. said districts
as may be. No county shall in the Io
no Io P
atorial or Representative District.
more counties, they shall be contiguous, and the district as compact 1
from time to time, as public convenience may require. When a
Sonatorial or R epresenfative District shall he comnosed of two or
SEC. 47. Senatorial and Representative Districts may be altered
18 CONSTITUTION OF THE
after
SO
the hrst election under this Constitution, be classihed by
that one shall hold his office for the term of three years, one
lot,
for
SEC. 8. The Judges of the Supreme Court shall, immediately
SEC. 7. The term of office of the Judges of the Supreme Court,
excent as in this Article otherwise protided shall be nine wears
SEC. 6. Ihe Judges of the Supreme shall be elected
electors of the State at large, as hereinafter provided.
by
nounce a decision.
SEC. 5. The Supreme Court shall consist of three judges, maiority of whom shall be necessar to form a quorum or pro
a
SEC. 4. At least two terms of the Supreme Court shall be held
each year, at the seat of government.
and remedial writs, with authority to hear and determine the same.
SEC. 3. It shall have power to issue writs of habeas corpus, mandamus guo warranto certiorari iniunction and other originai
tending control over all inferior courts, under such regulations and
limitations as may be prescribed by law.
be co-extensive with the State, and shall have a general superinSEC. 2. The Supreme Court, except as otherwise provided in
this Constitution shall haue appellate iurisdiction onlr uwhich chall
SUPREME COURT.
law for cities and incorporated towns.
be vested in a Supreme Court, District Courts, County Courts, Justices of the Peace, and such other courts as may be created by
and equity, except as in this Constitution otherwise provided, shall
SECTIONI The iudicial powers of the State ar to mattors of lo
UDICIAL DEPARTMENT
ARTICLE VI.
each, one; and the counties of Costilla and Conejos, jointly, one.
na, conejos, Douglas, Granа, еr,
Plata, Lake, Park, Rio Grande, Summit, Saguache and San Juan,
fano, Jefferson, Pueblo and Weld, each, two; the counties of Bent, Colle D TIL
of Boulder and Clear Creek, each, four; the counties of Gilpin and
Las Animas. each. three: the counties of El Paso. Fremont. Huerdivided among tne es the State in the lollowing
manner: The county of Arapahoe shall have seven; the counties
in accordance with the provisions of this Article, they shall 11
be
shall constitute the twentieth district, and be entitled to one Senator.
SEC. 40. Until an anportionment of Representatives be made
The counties of Rio Grande, Hinsdale, La Plata and San Juan
STATE OF COLORADO. 19
in),
the
but not oftener than once in six years, increase the number
judicial districts and the judges thereof; such districts shall
of
be
ever two-thirds of the members of each House shall concur thereSan Juan, La Plata, Hinsdale, Saguache and Lake.
SEC L The General Assemblu man after the ear 1880 when
Bent, Las Animas and Huertano.
Fourth District-The counties of Costilla, Conejos, Rio Grande,
Third District-The counties of Park, El Paso, Fremont, Pueblo,
Second District-The counties of Arapahoe, Douglas, Elbert,
Wld and I arimer
First District-The counties of Boulder, Jefferson, Gilpin,
Creek, Summit and Grand.
lear
OEC. 3.
four in number, and constituted as follows, viz.:
each other, and shall do so when required by law. lntil otheruice prouided br said districts shall he
Judge of the District Court therein, whose term of office shall
six vears, The Judges of the District Courts may hold courts
be
for
SEC 12. Tt Dlate
each of which there shall be elected by the electors thereof,
TTT
one
of railroad, telegraph or toll-road companies or corporations.
зло тa Tho Stoto aholl bo diuidod into udičial dictricte in
diction to determine all controversies upon relation of any person
on behalf of the people, concerning the rights, duties and liabilities
tion
causes, Do
as may be conferred by law. They shall have original juris11 of SEC. I1. The District Courts shall have original jurisdiction
hoth ot lom ond in oquitr ond cuoh anpolloto iuuricdiol
DISTRICT COURTS.
next preceding his election.
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 vears
SEC. 10. person snall eligible to the omcе
the Supreme Court unless he be learned in the law; be at least
Court.
-1.111limikl
the pleasure of said Judges, and whose duties and emoluments
shall be as prescribed hy law and by the rules of the Supreme
nall SEC. 9. Inere snall a preme Court, wno
be appointed by the Judges thereof, and shall hold his office during
next shortest term to serve shall preside in his stead.
1.11 1 111 1ד
Chief Justice, and shall preside at all terms of the Supreme Court,
and in case of his absence the Iudee having in like manner the
ofice.
his he Judge having the shortest term to serve, not holaing
office by appointment or election to fill a vacancy, shall be the
to be certified to the Secretary of the Territory, and.filed in his
11:
shall be drawn by the Judges, who shall for that purpose assemble
at the seat of government and they shall cause the result thereof
the term of six years, and one for the term of nine years. The lot
20 CONSTITUTION OF THE
Judge. His duties and compensation shall be as provided by law,
and regulated by the rules of the court
county cin erm is neld, no snal be appointed by
Judge of the district, to hold his office during the pleasure of
tne
the
SEC. 19. There shall be a Clerk of the District Court in each
1.1111 1 11 1
ment for or on account of his office, in any form whatever, nor act
as attorney or counselor at law
eacn rece icn salary as may be provided by law, and uo
Judge shall receive any other compensation, perquisite or emoluSEC. 18. The Judges of the Supreme and District Courts
.1 1. 1 shall
prevent the holding of special terms, under such regulations
may be provided by law
as
may ea, or judicial purposes, to ner county,
wherein such courts are so held. This shall not be construed to
Court shall be held annually in each county, except in such coun1. 1
SEC. 17. The time of holding courts within the said districts shall be as nrovided by law but at least one term of the District
eligible to the ofnice of fudge of th rt of the jud
district within which he is an elector.
thereof, at the time of the adoption of this Constitution, shall
1 11 1 1 D
- be
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
tion, nor unless he shall, at the time of his electiou, be an elector
within the judicial district for which he is elected: provided, that
in the State or Territory at least two years next preceding his elec11 1
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
SEC. 16. No person shall be eligible to the office of District
trict Attorneys elected in the several districts throughout the State
shall in like manner expire on the same da
District Court elected in the several districts throughout the State,
shall expire on the same day; and the terms of office of the Dising the general elections. The terms of office of all Judges of the
ing, but not in any case more than six months. Until otherwise
provided hy law such officers shall be elected at the time of hold.
election is held for any other purpose, and for that purpose
extend or abridge the term of office of any such officers then hold- may
or any of them, shall be on a different day from that on which an
provide that after the year 1878, the election of the Judges of the Supreme District and Countr Courts and the District Attornexs
SEC. 15. The Judges of the District Court hirst elected shal!
chosen at the first general election. The General Assembly
be
may
which he shall have been elected or appointed.
such increase or change in the boundaries of a district shall not
work the removal of ann Judre from his office durino the term for
formed of compact territory, and bounded by county lines, but
STATE OF COLORADO. 21
SEC 25 Lustices of the Peace shall have such iurisdiction as
diction with the District Courts in all criminal cases not capital;
the terms of such courts to be as proxided by lau
establish a Criminal Court in each county having a population
ceeding fifteen thousand, which court may have concurrent jurisexSEC. 24. The General Assembly shall have power to create and
CRIMINAL COURT.
shall lie to the District Court from any given upon
peal from a Justice of the Peace.
ap
Court to every final judgment of the County Court. No appeal 11
or to the Supreme Court, in such cases and in such manner as may
be prescribed bừ law Writs of error shall lie from the Sunreme
thousand dollars, except in cases relating to the estates of de
persons. Appeals may be taken from County to District Courts,
damage, or claim or value of property involved shall exceed two
civil and criminal jurisdiction as may be conferred by law; provided
such courts shall not have iurisdiction in any case where the debt
of ana deceased persons, appointment of guardians, conservators
administrators, and settlement of their accounts, and such other
original jurisdiction in all matters of probate, settlement of estates
may be provided by law.
SEC 22 County Courts shall be courts of record and shall haye
shall be Judge of the County Court of said county, whose term
office shall be three years, and whose compensation shall be as
except as otherwise provided in this article, a County Judge, who
SEC. 22. There shall be elected, at the general election in each
organized countyin the vear 1877 and every three vears thereafter
COUNTY COURTS.
Judges of District Courts, as prescribed in this article.
ey, wno snall not, at the time
twenty-five years of age, and possess all the other qualifications for
provided by law. No person shall be eligible to the office of Disof hia plontion ho ot looct
Court, a District Attorney for such district, whose term of office shall
be three vears. and whose duties and compensations shall be as
SEC. nere snalT dy the
judicial district at each regular election for Judges of the Supreme
111 b9 woligod olontom of oh
fixing the terms of the courts aforesaid, the Judges of the Supreme ond Dictrict Courte recnectimeln shall fy the terms thereof
SEC, 20. Until the General Assembly shall provide by law for
22 CONSTITUTION OF THE
rado, and conclude, "against the peace and dignity of the
name and by the authority of “The People of the State of Colo-,
וב SEC. 30. All process shall run in the name of “The People
Stote of Colorado” all prosecutions shall be carried on in the
of
appertains, and of all other judicial ofhcers by the E
Commissioners of the county where the vacancy occurs.
JuageS
District Attorneys, by the Judge of the Court of1n which the office
year, the vacancy shall be filled by appointment, as follows: Iudeo of tho Sunreme and Distri Courts hy the Governor:
Of
of
elected or appointed. Vacancies in elective ofhces shall Be nllep
by election, but when the unexpired term does not exceed one
triet, county, precinct, city or town for which they 111 1may Cd be
SEC. 29. All officers provided for in this Article, excepting Iud of tho Supreme Court shall respetixely reside in the diseffect of the proceedings, judgments and decrees of such
severally. shall be uniform.
same class or grade, so far as regulated by law, and the force and
form operation throughout the State; and the organization, jurisworg proceedinas and pratice of all the courts of the
for curing the same.
SEC. 28. All laws relating to courts shall be general and of uniand laws as they may find to exist, together with appropriate bills
ernor, to be by him transmitted to the General Assembly, together
cuch defects and omissions in the Constitution
gest,
first
ne and the Judges of the Supreme Court shall, on or betore
day of December of each year, report in writing to the Govomissions in the laws as their knowledge and experience may sugCourt, shall, on or before the first day in July in each year, report
ina to tho Ludrer of the Supreme Court such defects and
SEC. 27. The judges of courts of record, inferior to the Supreme
MISCELLANEOUS.
jurisdiction of all cases arising under the ordinances of such cities
and towns resnectively
creating such police magistrates ior ci
deemed from time to time necessary or expedient, who shall have
SEC. 26. The General Assembly shall have power to provide for
1 d touu o m be
POLICE MAGISTRATES.
boundaries or title to real property shall be called in question.
any case wherein the value of the property, of the ano
troversy, exceeds the sum of three hundred dollars, nor where the
may be conferred by law; but they shall not have jurisdiction of 1
STATE OF COLORADO. 23
SEC. 8. All elections by the people shall be by ballot; every
dred seventy-eight, and annually thereafter on such day as may be prescribed by law.
marea seventy-six, eighteen hundred and seventy-seven and eighteen hundaySEC. 7. The general election shall be held on the first Tues- of Octoher in the ears of our I ord oirhtoon hunduod ed
EC. 6. No person except a qualified elector shall be elected
appointed to any civil or military office in the State.
or
nce elections, and in going to and returning therefrom.
at
SEC. 5. Voters shall in all cases, except treason, felony or breach of the neace be privilered from arrect durine thois ottonda
expense in any poor-house or other asylum, nor while confined public prison.
in
a
s, nor student at any institution of learning, nor while kept at public
his presence, or lost it by reason of his absence, while in the civil
or military service of the State or of tho Unitod Statog i1
SEC. 4. For the purpose of voting and eligibility to office,
person shall be deemed to have gained a residence by reason
no
of
ergny
ninety, and no qualified elector shall be thereby disqualified.
cational qualification for electors, but no such law shall take effect prior to the vear of our I ord one thoueend oirht buedeod d
those voting thereon.
SEC. 3. The General Assembly may prescribe, by law. an eduors at a
general election, nor unless the same be approved by a majority of
ing to the provisions of this Article. No such enactment shall be
of effeet until submitted to the uoto of the auelifod olaSa
and may at any subsequent session, enact laws to extend the right of suffrage to women of lawful age, and otherwise qualified accordSEC. 2. The General Assembly shall, at the first session thereof,
right to vote at any school district election, nor to hold any school distrit office on account of cor
the county, city, town, ward or precinct, such time as may
prescribed by law; provided, that no person. shall be denied
be
the
tne State siХ ontnus diately preceding the election at which he offers to vote, and in
before he offers to vote.
Second He chall hauo rosidod in tho Stod
a citizen of the United States, he shall have declared his intention, according to law, to become such citizen. not less than four months
First-He shall be a citizens of the United States, or, not being
possessing the following qualifications, shall be entitled to vote all eletions.
at
SECTION 1. Every male person over the age of twenty-one vears
SUFFRAGE AND ELECTIONS
ARTICLE VII
4
Dy law Ior tting question of the permanent location of the seat of government
first session subsequent to the year of our Lord one thousand eight hundred and irhtu ido b l 1
or
SEC. 2. The General Assembly shall have no power to change
to locate the seat of government of the State but shall at
/ its
ate, such manner as may bе prescribed by law.
such other institutions as the public good may require, shall establiched nd supportod hr tho 5
be
andSECTION I. Educational, reformatory, and penal institutions, those for the benefit of the insane-blind. deaf and mute and
STATE INSTITUTIONS.
apply to any contest arising out of an election held before
passage.
its
ner
tme nan
of trial, and all matters incident thereto; but no such law shall
the courts and judges by whom the several classes of election contests not herein prouided for oholl bo triod ondloto th
chise.
SEC. 12. The General Assembly shall. by general law. designate
רז pass raws to secure
purity of elections, and guard against abuses of the elective frantution.
SEC LI The Genaral Agomhl hl1 og lo t uo thl
imprisonment, shall, without further action, be invested with all the
rights of citizenship, except as otherwise provided in this Constitue
VI rereased tnereiron by
of a pardon, or by virtue of having served out his full term of
entitled to vote; but every such person who was a qualified elector prior to such impriconmont ond who ig mologad thfm buui
ing such testimony.
SEC. IO. No person while confined in any public prison shall be
y snaff not be used
against him in any judicial proceedings, except for perjury in givhis testimony on the ground that it may criminate himself, or iect him to public infomuu but ouek
subSEC. 9. In trials of contested elections, and for offenses arising
under the election law. no person shall be permitted to withhold
cn ana
tions as may be prescribed by law.
contested elections, the ballots cast may be counted, compared with the lict of uotorg and oumin
ballot. The election officers shall be sworn or affirmed not
enquire or disclose how any elector shall have voted. In all cases of
to
a, ann ua tne electon omcers
the list of voters opposite the name of the voter who presents the
ballot voted shall be numbered in the order in which it shall
recoiuор иd tho numho b
be
STATE OF COLORADО. 25
State shall be vested in a Board of Education, whose powers anp
duties shall be prescribed by law; the Superintendent of Public InSECTION I. The general supervision of the public schools of the
EDUCATION.
ARTICLE IX.
Constitution or by law.
by proper conveyance, together with the control thereof, to the
officers provided for the manarement of said institution bz this
apply to any institution, the property, real or personal, of which
now vested in the trustees thereof, until such property be transferred
1S
benefit of the same respectively; provided, this section shall not
priations of money and property, real and personal, heretofore made
to srid several institutions are herebu confirmed to the nd
and regulations as the General Assembly shall provide; and
location of said institutions, as well as all gifts, grants and approthe
agement thereof subject to the control of the State, under such laws
Mutes at Colorado Springs, shall, upon the adoption of this Constitution become inetitutions of the State of Colorado and the man
versity at Boulder, the Agri al College at Fort Collins,
School of Mines at Golden, the Institute for the Education
the
of
SEC. 5. The following Territorial institutions, to-wit: The Uniexpenditures for capitol buildings or grounds, until the seat of government chall haue been permanentlur located as herein pronided
submitted by the General Assembly.
SEC. 4. The General Assembly shall make no appropriation or
the question of location of the seat of government shall have been
changed, except by a vote of two-thirds of all the qualified electors
of the State uotin on that guestion at a reneral eletion at which
as
SEC. 3. When the seat of government shall have been located
herein provided, the location thereof shall not thereafter be
temporary location thereof shall remain at the city of Denver.
the next general election; provided, that until the seat of governmant chall haue been ermanentl located ar herein providad the
which the highest number of votes shall have been cast, shall be
submitted in like manner to the qualified electors of the State, at
election, the question of choice between the two places for
the location thereof. Said General Assembly shall also provide
thot in case there shall be no choice of location ot coid
then next ensuing, and a majority of all the votes upon said
question cast at said election, shall be necessary to determine
to the qualified electors of the State, at the general election
26 CONSTITUTION OF THE
school, academy, seminary, college, university, or other literary
scientific institution controlled by any church or sectarian denomior
eys whatever, anything in aid
or
or sectarian society,
for any sectarian purpose, or to help support or sustain any
ever make any appropriation, or pay from any public fund or monSEC. 7. Neither the General Assembly, nor any county, city,
town townshin school district or other public cornoration. shall
and shall discharge the duties Ice under the aire
the State Board of Land Commissioners, as directed by law.
He shall be ex-officio Commissioner of Lands within his county,
1 11 1
each county, whose term of office shall be two years, and whose
duties qualifications and compensation shall be prescribed by law.
purpose.
SEC. 6. There shall be a County Superintendent of Schools in
grants, gifts or devises that may be made to this State for educagranted to the State by the General Government for educational
purposes all estates that may escheat to the State: also all other
SEC. 5. Ihe public school fund of the State snall Sist OI
proceeds of such lands as have heretofore been, or may hereafter be
as may be provided by law.
11 11
and disburse the same to the proper districts upon warrants
by the County Sunerintendent or hy the proner district authorities
drawn
SEC. 4. Each County Irea er shall collect al school Iu
belonging’to his county, and the several school districts therein,
State shall supply all losses thereof that may in any manner occur.
11 11 1111 c
I reasurer shall be the custodian of this fund, and the same sha
securely and profitably invested as may be by law directed. The
be
or used or appropriated except as herein provided. The State
111
such manner as may be prescribed by law. No part of this
princinal or interest shall ever he transferred to any other fund
fund,
the maintenance of the schools of the State, and shall be distributed
amongst the several counties and school districts of the State, in
inviolate and intact; the interest thereon, only, shall be expended in 111
fund for that year. SEC 2 The public school fund of the State shall forever remain
three such months in each year; any school district failing to have
school shall not be entitled to receive any portion of the school
shall be maintained in each school district within the State, at least
all residents of the State between the ages of six and twenty-one
wears man he educated gratuitously One or more public schools
vide for the establishment and maintenance of a thorough and
form system of free public schools throughout the State, wherein
uniSEC. 2. The General Assembly shall, as soon as practicable, protute the Board, of which the Superintendent of Public Instruction shall be President
struction, the Secretary of State and Attorney General, shall constiSTATE OF COLORADO. 27
years anu two lor six years; and every twо
years after the first election there shall be elected two Regents of
be
f
so classified, by lot, that two shall hold their office for the term
two то tuo fon f
State, at the first general election under this Constitution, six
gents of the University. who shall immediately after their election
ReSEC. 12. There shall be elected by the qualified electors of the
eighteen’ years, for a time equivalent to three years, unless educated br othor ml
child of sufficient mental and physical ability, shall attend public school during the, period hetween the ages of six
the
and
ובז
SEC. II. The General Assembly may require, by law, that every
for
mith
the faithful application of the proceeds thereof in accordance tho torma of oid
for which said grants of land were made, and the General Assem- bly shall provide for the sale of said lands from time to time. and
ocated ana ny preserved an eld in
subject to disposal, for the use and benefit of the respective objects
that the several grants of land made by Congress to the State shall
be iudiioua atod G11 11
lands, shall be diminished, directly or indirectly. The General
Assembly shall. at the earliest practicable period proyide by law
government, by which the
amount to be derived by the sale, or other disposition of such
sons
to tho ou who may have settled upon any such public lands subsequent th
secure the maximum possible amount therefor. No law shall ever
be passed by the General Assembly granting any privileges to ner
gran ne ate by the general government, under such regulations as may be prescribed by law; and in such manner as will
position of all the lands heretofore or which may hereafter mnontod to th Sa 41
be
SEC. 10. It shall be the duty of the State Board of Land Commissioners to provide for the location protection sale or other dis
regulations as may be prescribed by law.
trol Board of Land Commissioners, who shall have the direction,
and disposition of the nublic lands of the State under such
conSEC. 9. vernor, Superintendent of Public Instruction, Secretary of State and Attorney General shall constitute the State
account of race or color.
tarian tenets or doctrines shall ever be taught in the public schools,
nor shall any distinction or classification of pupils be made on
student of any such institution shall ever be required attend, or participate in, any religious service whatever. No
to
sectional institution of the State, either as teacher or student; and no
of SEC. 8. No religious test or qualification shall ever be required
any nerson as a condition of admission into ublic educa
or other personal property, ever be made by the State, or any such
public corporation, to any church or for any sectarian purpose.
nation whatsoever; nor shall any grant or donation of land, money, 1
28 CONSTITUTION OF THE
as provided by law. Ditches, canals, and flumes owned and by individuals or corporations for irrigating lands owned by such
used
oim taxation for the period o years from the date
of the adoption of this Constitution, and thereafter may be taxed
(exceptomot the fednet proceeds and surface improvements thereof,) shall
tion of all property, real and personal; provided, that mines mining claims bearing gold silver and other precious metals
and
ana shall snal De levied aa ted un general laws, which
prescribe such regulations as shall secure a just valuation for taxajects within the territorial limits of the authority levying the tax, ond aball h id 11
expenses of the State government for each fiscal year. SEC. 3. All taxes shall he uniform unon the same class of suht
SEC. 2. inen al Assembly shall provide by law for an
annual tax sufficient, with other resources, to defray the estimated
October in each year, unless otherwise provided by law. TL. 11 1 11
SECTION I. The fiscal year shall commence on the first d оof
UFUTMUT
ARTICIE Y
the public schools.
SEC. 16. Neither the General Assembly nor the State Board Education shall have nower to prescrihe teyt books to be used
of
in
Said directors shall have control of instruction in the public schools
of their respective districts.
rectors, to be elected by the qualified electors of the district. S 1:
ization of school districts of convenient size, in each of which shall
be established a Board of Education to consist of three or more di
funas oi, and appropriations to, the University.
SEC. 15. The General Assembly shall, by law, provide for organion of the University, and the exclusive control and direction of all
thereof.
SEC L4 The Board of Rerents shall have the reneral cupervic
preside at the meetings of the Board, and be the principal
executive officer of the University, and a member of the faculty
the privilege of speaking, but not of voting, except in cases of a tie, 11 .1
sity, who shall hold his office until removed by the Board of
gents for cause he shall he er afficia memher of the Board uith
ReSEC. 13. The Regents of the University shall, attheir first meeting,
or as soon thereafter as practicable, elect a President of the Univerthe University of Colorado.”
gents thus elected, and their successors, shall constitute a body corporate to he known hy the name and stule of "Tho Rogonta of
the University, whose term of office shall be six years. The ReSTATE OF COLORADО. 29
or tie nscal
year, report to the Governor in writing, under oath, the amount of
SEC. 12. The Treasurer shall keep a separate account of each
fund in his hands and shall at the end of each qunstor of tho fool
thereon shall vote in favor thereof, in such manner as may be provided by law.
tax assessed to them within the State, and a majority of those voting
submitted to a vote of such of the qualified electors of the State
in the mear next precedin cuch eletion choll houopoid o d
as
unless a proposition to increase such rate, specifying the rate proposed, and the time during which the same shall be levied. be first
shall
rs, tm
never thereafter exceed two mills on each dollar of valuation,
each dollar of valuation; and whenever the taxable property within the State chall amount to throo hundrod million dollong tho moto
ever the taxable property within the State shall amount to
hundred million dollars, the rate shall not exceed four mills
one
on
te purposes, DEC. Ialt property,
shall never exceed six mills on each dollar of valuation; and whenthe tax.
Tho roto of tointion ost fom Stt
and other purposes, on the real and personal property owned
used by them within the territorial limits of the authority leyving
or
SEC. TO. 5 ت ug ousiness
in, shall be subject to taxation for State, county, school, municipal
real and personal, shall never be relinquished or suspended.
S 11 antiong in thig Stoto o doin b
or State purposes.
SEC. 9. The power to tax corporations and corporate property,
or discharged from their or its proportionate share of taxes to be
SEC. 8. No county, city, town or other municipal corporation,
the inhabitants thereof nor the property therein 'shall be released
ively the power to assess and collect taxes for all purposes of such
corporation.
but may, by law, vest in the corporate authorities thereof respectthe SEC. 7. The General Assembly shall not impose taxes for
purposes of any county city town or other municinal corporation
SEC. 6. All laws exempting from taxati property other than
that hereinbefore mentioned, shall be void.
otherwise provided by general law.
for strictly charitable purposes, also cemeteries not used or held for
private or cornorate profit shall he eremnt from taxation unless
with the 1f said SEC..5. Lots, buildings thereon, buildings
used solely and exclusively for religious worship, for schools,
are
or
shall be exempt from taxation.
SEC. 4. The property, real and personal, of the State, counties,
cities towns and other municipal corporations and nublic librarie
not be separately taxed, so long as they shall be owned and used
exclusively for such purpose.
individuals or corporations, or the individual members thereof, shall
30 CONSTITUTION OF THE
of war.
apply to appropriations or expenditures to suppress insurrection, defend the State, or assist in defendine the Unifed Stater in timol
or le, to pay such appropriation expenditure within such fiscal year. This provision shall not
shall provide for levying a sufficient tax, not exceeding the rates allowed in section elemen of thig
provided for by law and applicable for such appropriation or expen- diture, unless the General Assemhly making such apnropriatin
the oly, whereby the expenditure State, during any fiscal year, shall exceed the total tax
of
then
SEC. 16. No appropriation shall be made, nor any expenditure authorized bu the Genorel ggme
respective counties. Each Board shall also perform such duties as may be prescribed by law. other
‘and my Doard on qualization shall be to adjust equalize the valuation of real and personal property within their
and personal property among the several counties of the State. The duty of the Count Ro
Commissioners’ of said county. The duty of the State Board Equalization shall be to adiust and equalize the valiation of
of
also, in county of this State, a County Board of Eqalization, consisting of the Board of County
conS] ing of the Governor, State Auditor, State Treasurer, Secretary State and Attornou Con 1 of
ate of municipal corporations.
SEC. 15. There shall be a State Board of Eoualization
mentSEC.
of - th Private property shall not be taken or sold for the paylaw. shall· be deemed a felony, and shall be punished as provided by
same
clty, town or school district money, or using the
for any purpose not authorized by law, by any public officer
Statol SEC. 13. The making of profit, directly or indirectly, out of
withstanding any such regulation, the Treasurer and his sureties shall in all cases be held responsible therofo
Dy laW her regulations for the safe-keeping and manage- ment of the public funds in the hands of the Treasurer but not
nt, anD herwise as the prouido General
h lsG1 Assembly may require. The General Assembly may
cause every such report to be immediately published in at least one newspaner printed at the seat of o
to pald theretrom during the quarter. Swearing falsely any such report shall be deemed perjury. The Governor shall
anu the number and
amount of every warrant 11 received, and the number and amount of
all moneys in his hands to the credit of every such fund, and place where the same are kent or depocitod oed
the
TATE OF COLORADO. 31
shall be that of the assessment last preceding the creation of saíd
debt
sum of of fhiity thousand dollars (except as provided in section 5
this article), and in all cases the valuation in this section mentioned
n, ann
aggregate amount of such debt shall never at.any time exceed the
debt incurred in any one year for erection of public buildings shall
not exceed one halt mill on each dollar oficoid uoluetion and thol
uation shall equal one hundred millions of dollars, and thereafter
such debt shall not exceed one hundred thousand dollars, and the
TT
ot at any te ex three-fourths of a mill on each dollar of said valuation until the valeach dollar of valuation of taxable property within the State, and
the amarecato amount of cuah dobtoholl not ot onu time oр
and the amount of debt contracted in any one year to provide
deficiencies of the revenue shall not exceed one-fourth of a mill
for
on
the
ise OT Slale, ess imsu lon, deleng
State, or, in time of war, assist in defending the United States;
form, except to provide for casual deficiencies of revenue, erect publia buldinae fon u of tho Stoto dofond
ested.
SEC. 3. The State shall not contract any debt by loan. in any
re py eys, or tne periq ce any contra
in which they or any of them may be jointly or severally interfeiture of recognizance, breach of condition of official bond, or
bond td ubli
of
or
purchase by or on behalf of any or either of them, jointly with
either of them. under execution in cases of fines. penalties or forany
npany or corporation, Dy Iorieiture or sale of re state ior no
payment of taxes, or by donation or devise for public use, or by
school district, or to either or any of them, jointly with any person,
operation or provision of law; and except as to such ownership
may accrue to the State. or to any county city town townshin
as
or
private, in or on oi State, except as to such own
ership as may accrue to the State by escheat, or by forfeiture, by
company, or a joint owner with any person, company or corporaor
or
school district shall make any donation or grant to, or in aid of,
become a subscriber to or shareholder in any corporation or
private, in or out of the State
SEC. 2. Neither the State nor any county, city, town, township
tract or liability of any person, company or corporation, public or
company or corporation, public or private, for any amount or
any nurnose whateyer or become responsible for any debt confor
snip or school district, nd or pledge the credit or faith thereof, directly or indirectly, in any manner to, or in aid of, any person,
SECTION I. Neither the State, nor any county, city, town, townPUBLIC INDEBTEDNESS.
ARTICLE XI.
32 CONSTITUTION OF THE
iuallom O1 tnan one million of dollars.
SEC. 7. No debt by loan in any form shall be contracted by any
tioned; provided, that this section shall not apply to counties aluation of loe 11 havand
time
the aggregate amount of debt so contracted shall not at any exceed twice the rate upon the yaluation last herein mon
the snal vote in or of incurring the debt, but bonds, if any be issued therefor, shall not run less than ten years,
erty assessed to them in such county, and a majority of those uotinr thonoon ahall
mitted to such of the qualified electors of such county as in
vear last preceding such election shall have paida auor
the
Ove meren ced, unless when in manner provided by law, the question of incurring such debt shall, at a general election, be subof this Constitution, shall not at any time exceed twice the amount houoie
thereof. And the aggregate amount of indebtedness of any county for all purnoses. exclusive of debts contracted hefore tho adontia
than lars tmereoI. ies in which such valuation shall be less
millions of dollars, three dollars on each thousand dollars five
shan exceed nve
millions of dollars, one dollar and fifty cents on each thousand doltaxable property in such county, following, to-wit: Counties in which the assessed yaluation of tayahle property chall dS
aking of repairing public roads and bridges; and such indebted- contracted in any one year shall not exceed the rates upon ness the
an in any form,
except for the purpose of erecting necessary public buildings,
as the General Assembly may prescribe. SEC 6 No county shall contract anu dobt bu loe
as
ed by the vote of a majority of such qualified electors of the State shall vote thereon at a general election. under such regulations
Ins off eacn donar of said va.
ation; provided, that before going into effect, such law shall be ratbe created by law, as provided for in section 4 of this article, exceeding in the agorenate threo millo on oa d.11 J1
not
ne crean of tne general of the State.
SEC. 5. A debt for the purpose of erecting public buildinøs maw
and the balance, if any, to the credit of the fund, shall immediately be placed to the onodi
that provided in the law levying the same; and when the thereby created shall be paid or discharged such tay shal c
debt
tion
nan years, and the funds arising from the collec- of any such tax shall not be applied to any other purpose than
and
nor moro supplying deficiencies of revenue, shall not be less than thon Gf ten
within the time limited by such law for the payment thereof, which
in the case of debts contracted for the erection of public buildinon
to
appned, and provide for the levy of a tax sufficient
pay the interest on, and extinguish the principal of, such debt.
charged; such law shall specify the purposes to which the funds raicod oball 1 1
aisSo
be created except by a law which shall be irrepealable until the indebtedness therein provided for shall have been fullu pido di
SEC. 4. In no case shall any debt above mentioned in this article
STATE OF COLORADO. 33
or any municipality therein, shall, unless removed according TION Fyery nerson holding any civil office under the State
ARTICLE
ified clectors of any county,
day on which this Constitution takes effect.
witn Sa
have been, according to said laws, submitted to a vote of the qual- aitu town or school district before the
111 ing of any debt, or the issuing of
anid lawsuon any proposition for that purpose which may
contracted by any county, eily,
ance with the laws of Colorado Territory, or prevent the contract- fo in accordanc
as
SEC. 9.
to either impair or add to the obligation of any debt heretofore
situ touunor school district, in accorddinance. Nothing’contained in this article shall be so construed
this section mentioned shall BU
next nreseding the last assessment before the adoption of such orsaid.
are
1n
excepted from the operation of this section. The valuation
11 boin oll cases that of the assessment
not at any time exceed three per cent. of the va
Dita contracted for supplying water to such city or town
of creating such debt; but the agg!
togcther with the debt existing at the time of such election, shall loat afore
property tax
tion, by ballot deposited in a separate ballot-box, shall vote in favor
arate amount of debt so created,
electors thereof as shall, in the year next preceding, ve pa
thoroin and a mainrity of those voting on the quessame shall, at a regular eled
s of such city or town, be submitted to a vote of such qualified
cers 1
ihed, until the
such debt shall be created unless the question of incurring
oouncilmen aldermen or
the
offilected shall be applied only to the purposes in such ordinane
I’ indobtedness shall be paid or discharged. But no
and extinguish the principal of such
than ten vears from the creation thereof; and such tax when
1 colexceeding
erty within such city or town, sufficient to pay the annual interest,
edobt uithin fifteen but not less
be raised shall be applied, and providing for the levy of a ta
1 nmille on each dollar of valuation of taxable propuntil
paid
the indebtedness ther
or dischareed; specifying the purposes to which the funds to aot
SEC. б.
form, except by means of an ordinance, which shall be irrepealable idod for chall have been fullv
shall vote in favor of incurring such debt.
I sit or town shall contract any debt by loan in any
districts as shall have paid a sch
preceding such election, and a majority of those voting thereon
buildings, or
such debt shall first be submitted to such qualified electors of the
thorein in the vear next
school district for the purpose of erecting and furnishing
wshaging grounds unless the proposition to create
34 CONSTI
tion of the payment or promise of such money, advantage, matter
give
ing the same, or sha
or withhold his vote, official influence or action, in considerater or thing aforesaid for another, as the consideration of his vote, official infuenoe 11
his official influence or action shall be in any way influenced thereby,
or who shall solicit or demand any such money or adyantage mator his vote, omcial nce or
action, or for withholding the same, or with an understanding that
testimonial, reward, thing of value or enjoyment, or of personal
or indirectly, for himself or for another, from any company, poration or person. any money. office appointment employment
corwho
IVII orncer or aber of the uen Assembly
shall solicit, demand or receive, or consent to receive, directly
affairs of the State Treasurer and the Auditor of State.
wherein the seat of government may be, shall have the like power
to appoint committees to investigate the official accounts and
t a ике ittee in vacation at any time, but not oftener than
once in every three months. The District Court of the county
the
point o lilro condition thereof. The Judge of the District Court may apble persons, not exceeding five, to investigate the official accounts and affairs of the Treasurer of such counfy and report to the court
te laws regulating the ity of the County I reasurer, and
shall appoint a committee of such grand jury, or of other reputathereof, specially give in charge to the grand jury, if there be one, tho l
holding any office of trust or profit in this State.
SEC. 5. The District Court of each county shall at each term
y, or sh on perjury, shall be eligible to the General Assembly, or capable of
SEC. 4. No person hereafter convicted of embezzlement of public
monevs bribery periurn solicitation of hribo
nicipality therein, until he shall have accounted for and paid all public money for which he may be accountable.
over
ווב ב
es of any omсе of trust or profit in this State, under the laws thereof, or of any musuch collector or receiver, and who shall have become a defaulter in his office shall be elirible to or eume tho dutiog of
SEC. 3. No person who is now or hereafter may become a
lector or receiver of public money. or the deputy or assistant
celof
on tO duties of the same.
or profit, under the laws of the State or any ordinance of any nicipality therein rithout douotina bisel
muimpeachment or prosecution for misconduct in office.
SEC. 2. No person shall hold any office or emplovment of trust
tme ueneral may
law provide for suspending any officer in his functions, pending
sembly, nor to members of any board or assembly, two or more whom are elected at the camo timo, tho Conl 1.
of
law, exercise the duties of such office until his successor is
qualified; but this shall not apply to members of the General duly
As30
pose, the Senators shall be upon oath or affirmation to do justice
accordinr to law and evidence Whenthe Governor or Ljeutenant
members shall be necessary to an impeachment.
ments shall be tried by the Senate, and when sitting for that purpower of impeachment. The concurrence of a majority of all the
The House of Representatives shall have the sole
IMPEACHMENTS.
ARTICLE XIII.
y omce
lenge therefor, or agree to go out of the State to fight a duel, shall bald os office in the State
the
1n SEC. 12. No person who shall hereafter hght a duel, S1st
same as a second, or send, accept or knowingly carry a chalall termmate at tub
cancy occurred.
SEC. 11. Theterm of office of any officerelected to fill avacancy,
1..11 o ot the oupiration of the term during which the yarefuse or neglect to qualify therein within the time prescribed
law such office shall be deemed vacant.
wherein ne snan nave Deen
SEC. 1O. If any person elected or appointed to any office shall
1 1 1
shall file his oath of office with the County Clerk of the county
sll eou hon olootod
Supreme and Districts Courts, and District Attorneys, sha.
their oaths of office with the Secretary of State; every other officer
of the ofnce upon
SEC. 9. Officers of the Executive Department and Judges of11 the1
and of the State of Colorado, and to faithfully perform the duties
iab ha aholl bo about to enter
before he enters upon the duties of his office, take and subscribe
oath or affirmation to support the Constitution of the United States
an
SEC Every civil omcer,
sembly and such inferior officers as may be by law exempted, shall,
have been elected.
T nt momhorr of the General As
to the best of his ability. This oath, or affirmation, shall be
ministered in the hall of the House to which the member
adshall
port the on tne
orado, and to faithfully perform the duties of his office according
he enters upon his official duties, take an oath or affirmation to supisad Stetag ond of the State of Col
by law.
SEC 7 Every member of the General Assembly shall, before
tution, and shall incur the
offense, and such additional punishment as is or shall be prescribed
of bribery, as the case may be, within the meaning of this Consti11 nidod therebr for succh
or thing to another shall be held guilty of bribery, or solicitation
36 CONSTITUTION OF THE
ratable proportion of all then existing liabilities of the county from
which it is taken,
to another county, the part stricken off shall be held to pay its
county shall be formed.
Sro Whou port of a countu is stricren off and attached
new county shall be held to pay its ratable proportion of all then
existing liabilities of the county or counties from which such new
vote tme SEC. 4. In all cases of the establishment of any new county, the
the qualified voters of said county voting on the question
to thonofon
shall
question to the qualified voters of the county from which
territory is proposed to be stricken off; nor unless a majority of all
the
SEC. 3. NO part
off and added to an adjoining county, without first submitting the
ninety days next preceding such election.
Nоit of tho tornitoru of on сoutr chall bel strizen
years, and no person shall vote on such proposition who shall
have resided in the county six months and in the election precinct
not
no such proposition shall be submitted oftener than once in four
removed unless a majority of the qualified electors of the county, agition ot a ronoral olostion uote therefor and
the county seat of any county, but the removal of county seats
shall be provided for by general law. and no county seat shall be
as they now exist, are py de
וזזכ
SEC. 2. The General Assembly shall have no power to remove
SECTION I. The several counties of the Territory of Colorado,
no hoobu deald to Bo countier of the State
COUNTIES.
may be provided by law.
SEC. 3. All officers not liable to impeachment shall be subject to
removal for misconduct or malfeasance in office, in such manner as
shall, rtneless, De napie
punishment according to law.
profit
1 11 in the State. The party, whether convicted or acquitted, - 1: ution triol iudomont and
office, but judgment in such cases shall only extend to removal
from office and disqualification to hold any office of honor, trust or
except County Judges and justices o
ce, sn
impeachment for high crimes or misdemeanors, or malfeasance in
SEC. 2. The Governor and other State and Judicial Officers,
T dI of tb Re ahall bo linbla to
preside. No person shall be convicted without a concurrence of
two-thirds of the Senators elected
Governor is on trial, the Chief Justice of the Supreme Court shall
STATE OF COLORADO. 37
two years. Src 12 The General Assembly shall provide, by general laws,
nicipal officers as public conven
of office shall be as prescribed by law, not in any case to exceed
or
mu- appointment of such other county, township, precinct and
mou require and their terms
constables may be increased as provided by law.
Sc 12 The General Assembly shall provide for the election
office
ing
for the term of two years; p
five thousand or more inhabitants, the number of justices and
one justice of the peace and one constable, who shall each hold his
idad that in precincts contain1- SEC. II. There shall, at the first election at which county of
oors are chosen and annually thereafter. be elected in each precinct
he be a qualihed elector; nor unie
the county one year preceding his election.
SEC. 1O. No person shall be eligble to any county office unless bo ahall hawe resided in the
office until the next general election, or until the vacancy be hll
br oletion according to law
ca same
precinct ofhce, the ra
by appointment; and the person appointed shall hold the
and in the case of a vacancy in any other county office, or in
C Commiccioners shall fll
any
the
SEC. 9. In case of a vacancy occurring in the office of County
Commiesioner the Goyernor shall fill the same by appointment;
tendent of Schools;
sor.
Treasurer, who shall be collector of taxes; one County Superin- C Suuor and one County Assesrk of the Clerk, who shall be ex officio Recorder of Deeds anp
Roord of County Commissioners: one Sheriff; one Coroner; one
day of October, in the year one
enty-seven, and every alternate year forever thereafter, one County
SEC. 8. There shall be elected in each county, on the first Tuesend eirht hundred and sevSEC. 7. The compensation of all county and precinct of
eboll beas provided by law
elected as provided by law, any
quorum for the transaction of business.
County Commissioners may consist of five members, who shall
of uhom shall constitute
be
a
election, for the term of three years; provided, that when the population of an county shall exceed ten thousand, the Board of
October, eighteen hundre
after one such officer shall be elected in each county, at the general
One of said commissioners shall be elected on the first Tuesday of
ud ewern vear theretransaction of county business as provided by law; any two
whom chall constitute a guorum for the transaction of business.
of
SEC. 6. In each county there shап
three County Commissioners, who shall hold sessions for the vears,
allbeelootod for the term of thre
COUNTY OFFICERS
38 CONSTITUTION OF THE
injustice shall be done to the corporators. SEC. 4. All railroads shall be public highways, and all railroad
to De inj
the citizens of the State, in such manner, however, that
lous
no 111
revocable at the adoption of this Constitution, or any that hereafter be created whenever in their opinion it may
SEC. 3. Ihe General Assembly shall have the power to alter,
revoke or annul any charter of incorporation now existing and
pration
hereafter to be created.
may be under the control of the State; but the General Assembly shall provide by general las for the oraonisotion ef
changed or amended by special law, except for such municipal, charitable, educational, penal or reformatory corporations as are or
SEC. 2. No charter of incorporations shall be granted, extended,
of the adoption of this Constitution, shall thereafter have no idity
valSive privileges, under which the corporators or grantees shall not
have organized and commenced business in good faith at the time
SECTION I. All existing charters or grants of special or excluCORPORATIONS.
ARTICLE XV.
of
and its, above the
such salaries, shall be paid into the county treasury.
only out of the fees actually collected in all cases where fees prescribed A ll foogl are
designated therein, for services to be performed by them respectively; and where salaries are provided. the same shall be navable
sn scares rees to De charged an collected by such of the county and precinet officers as may be
officers within the respective classes according to the population thereof Such lam aholl ootahliok gels fc.
bly shall, by law, classify the several counties of the State according to population, and shall grade and fix the compensation of the
g lor and regulating
compensation of county and precinct officers, the General Assemgoverned by the general law relating to such corporations. SEC Ror tha
general law, whereby any city, town or village, incorporated by
any special or local law. may elect to become subiect to and he
ie same
SEC. 14. The General Assembly shall also make provision, by
corporations of the same class shall possess the same powers, and be cubiect to tho
number of such classes shall not exceed four, and the powers
each class shall be defined by general laws. so that all municinal
of
for the organization and classification of cities and towns. The
STATE OF COLORADO. 39
authorities having the control of the street or highway proposed
to be occupied by such street railroad.
SEC. I o street ra1 shall be constructed wtnm any cny,
town, or incorporated village, without the consent of the local
may be served. k111 tod within onn citu
and State without having one or more known places of business,
an authorized agent or agents in the same. upon whom process
SEC. 1O. No foreign corporation shall do any business in this
sons holding a majority of the stock, first obtained at a meeting
bold ofton ot louct thirtsz daus’ notice given in pursuance of law
be
in
void. The stock of corporations shall not be increased except
pursuance of general law, nor without the consent of the perreceived, and all fictitious increase of stock or indebtedness shall
SEC. 9. No corporation shall issue stocks or bonds, except dono performed or money or property actually
for
lobo
such manner as to intringe the equal rights of individuals, or
general well-being of the State.
the
and the dor
construed as to permit corporations to conduct their business in
jecting them to public use, the same as the property of individuals;
are of the State shall never he abridged or so
nor so construed as to prevent the General Assembly from taking
the property and franchises of incorporated companies and subConstitullon 1 SEC. 8. The right of eminent domain shall never be abridged,
of the Secretary of State an acceptance of the provisions of
Casgtitution in hindinr form
this
ence have at the time of the adoption of this Constitution, sha
the henefit of any future legislation without first filing in the office
or motiv
SEC. 7. No railroad or other transportation company in exist- 11
ence to individuals, associateins or corporations in furnishing cars
freight or passengers within the State, and no railroad company,
nor any lessee, manager or emplové thereof, shall give any preferraiin
tion
te, an
shall be made in charges or in facilities for transportation of
any equal rights to have persons and property transported over
bia Stoto ad no undue or unreasonable discriminaparallel or competing line.
SEC. 6. All individuals, associations and corporations shall have
thereof, snall cor
other railroad corporation owning or having under its control a
SEC. 5. No railroad corporation, or the lessees or managers
11 alidat otoolr propertu or franchises with any
Territories. Every railroad company shall have the right wi
road to intersect. connect with or cross any other railroad.
1ts
operate a railroad between any desig
and to eonnect at the State line with railroads of other States and
tion organized for the purpose, shall have the right to construct and
degignotod points within this tate
companies shall be common carriers, Any association or corpora40 CONSTITUTION OF THE
6
prescribed by law. When said office shall be established, the Governor shall. with the advice and consent of the Senate. apnoint
ed and maintained the omce
of Commissioner of Mines, the duties and salary of which shall be
MINING.
STOBIOoy Thome oball be catablicked and
MINING AND IRRIGATION.
ARTICLE XVI.
void
employés thereof, and such contracts shall be absolutely null and
of such person, company or corporation, by reason of the negligence of such person comnany or corporation or the agents or
charged from liability or responsibility on account of personal
injuries received by such servants or employés while in the service
such person, company or corporarion shall be released or disporation to require of its servants or employés, as a condition
their employment or otherwise any contract or agreement wherebu
of
not taken place.
SEC. 15. It shall be unlawful for any person, company or corState in all matters which may arise, as if said consolidation had
corporation, but the courts of this State shall retain jurisdiction
over that part of the corporate pronerty within the limits of the
poration organızed under any laws of any other State or Territory,
of the United States, the same shall not thereby become a foreign or
sale or otherwise, with any railroad, telegraph, express, or other corSEC. 14. If any railroad, telegraph, express or other corporation organized under any of the laws of this State shall consolidate
or
or
having the control ofa competing line, or acquire, by purchase
otherwise, any other competing line of telegraph.
est in, the stock or bonds of any other telegraph company owning
reasonable regulations to give full effect to this section. No tele- granh companyshall consolidate with or hold a controllinr inter.
this
eral
Gen- State, and to connect the same with other lines, and the
Assembly shall, by general law of uniform operation, provide
have the right to construct and maintain lines of telegraph within
SEC. 13. Any association or corporation, or the lessees or manarers thereof orranized for the nurрозе оr an individual shall
a new liability in respect to transactions or considerations already
past.
on the people of any county or municipal subdivision of the State,
fit of a railroad or other corporation, or any individual, or association of indiwiduals retrospective in its operation or which imрозезГ
SEC. 12. The General Assembly shall pass no law for the beneSTATE OF COLORADO. 41
tions.
the
terested, to establish reasonable maximum rates to be charged
use of water, whether furnished by individuals or corporafor
have power, when application is made to them by either party inSEC. 8. The General Assembly shall provide by law that the
Board of Countr ommissioners in their respectie сounties chall
for mining and manufacturing purposes, and for drainage, upon
payment of just compensation.
for domestic purposes for the irrigation of agricultural lands, and
way across public, private and corporate lands for the construction
of ditches canals and fumes for the auraose pur of conweiпo water
ence over those using the same for manufacturing purposes. SEC. 7. All persons and corporations shall have the right of
those using the water for agricultural purposes shall have preferuse of the same, those using the water for domestic purposes shall
have the preference over thoce claiming for anu other purpose andl
water for the same purpose; but when the waters of any natural
stream are not sufficient for the service of all those desiring the
appropriation shall give the better right as between those using the
SEC. 6. The right to divert the unappropriated waters of any
natural stream to beneficil uses shall neuer he denied Prioritn of
people of the State, subject to appropriation as hereinafter provided.
property of the public, and the same is dedicated to the use of the
SEC. 5. The water of every natural stream, not heretofore appro- priated within the State of Colorado ir herebn daclared to be the
IRRIGATION.
of learning under the patronage of the State.
SEC. 4. Ihe of Assembly may provide the science
mining and metallurgy be taught in one or more of the institutions
ble drainage of mines.
SEC. 3. The General Assembly may make such regulations,
from time to time as may be necessary for the proner and eguita.
prohibit oyment in the mines of children under twelve
years of age.
health and secure the safety of the workmen therein; and shall
proper ventilation of mines, the construction of escapement shafts,
and such other appliances as may be necessary to protect the
De 1our years.
SEC. 2. The General Assembly shall provide by law for the
thereto a person known to be competent, whose term of office shall
42 CONSTITUTION OF THЕ
tentiary, and none
SEC. 5. The General Assembly shall prohibit by law the imporcriminal offense punishable by death or imprisonment in the penisti- SEC. 4. The term felony, wherever it may occur in this
tution or the laws of the State. shall be construed to mean any
powers and duties
law.
sucn
any controversy, who may choose that mode of adjustment. bikot aholl be as prescribed
The
by
such laws as may be necessary and proper to decide differences
arbitrators to be apnointed by mutual agreement of the parties
by
to
State.
SEC. 3. It shall be the duty of the General Assembly to pass
to prohibit the sale of lottery or gift enterprise tickets in this
ize
SEC. 2. The Geneaal Assembly shall have no power to authorlotteries or gift enterprises for any purpose, and shall pass laws
SECTION I.
and exemption laws.
MI
chell ong liberal homestead
ARTICLE XVIII..
rovided, such person shall pay
tion.
ing arms shall be compelled to do militia duty in time of peace;
11 lank fow ouah exemn
State.
Src No person baving conscientious scruples against bearing
SEC. 4. The al Assembly snall provide lor
of the public arms, military records, relics and banners of the
by law, they may be appointed by the Governor. 1 do fon tho cafe lrean
officers, who shall be commissioned by the Governor; but if any
сот chall fail to elect such officers within the time prescribed
SEC. 3. The Governor shall appoiut ral, ne
officers, and commission them. Each company shall elect its own
the government of the armies ofthe United States.
11 .11 old ond staff
the SEC. 2. The organization, equipment and discipline of
militia shall conform as nearly as practicable. to the regulations for
and forty-five years; except such persons
the laws of the United States, or of the State.
bodied male residents of the State, between the ages of eighteen romptod br
SETIONI The militia of the State shall consist of all ableת1Tז תVI
STATE OF COLORADO, 43
pay of its members ers, ana d or the payment of the
vention, designate the day, hour and place of its meeting; fix the
be elected in the same manner, at the same places, and in the same
districts. The General Assembly shall in the act calline the Consession, provide for the calling the e number of members
of the Convention shall be twice that of the Senate, and they shall
favor of such Convention, the General Assembly shall, at its next
11 111
against a Convention to revise, alter and amend this Constitution;
and if a maiority of those votin on the question shall declare in
0Ι two-thiras of the mempers e ed eacn House,
the electors of the State, to vote at the next general election, for or
SECTION 1. The General Assembly may, at any time, by a vote r 1 1 c
TT 1
FUTURE AMENDMENTS.
ARTICLE XIX.
be unable to read and unde d th ish language.
inhabitants of the State who speak those languages, and who may
they shall cause to be published in Spanish and German, a sufficient number of copies of said laws to supply that nortion of the.
SEC. 8. 1he Assembly shall provide for the publication
of the laws passed at each session thereof; and, until the year 1900,
tion.
ards and forests thereon, shall not, for a limited time, to be
by law be taken into account in assessing such lands for taxаfixed
SEC. 7. Ihe u ral Assembly may provide that the increase in
the value of private lands, caused by the planting of hedges, orchthe State.
ests upon the lands of the State, or upon lands of the public
main the control of which shall be conferred by Congress upon
doSEC. 6. Ihe General Assembly shall enact laws in order to
the destruction of, and to keep in good preservation the
prevent forprohibited. J
General Assembly shall provide by law for the condemnation and
destruction of all spurious poisonous or drugged liguors herein
liquors to be used as a beverage, and any violation of either
said prohibitions shall be punished by fine and imprisonment.
of
The
malt or otherwíse; and shall also prohibit the sale of any such
within this State, except for chemical or mechanical purposes, of
any of said liquors whether they he denominated spirituous vinous
ated with any poisonous or deleterious substance, mixture or
compound; and shall prohibit the compounding or manufacture
sonous or drugged spirituous liquors, or spirituous liquors adultertation into this State for the purpose of sale of any spurious poi
44 CONSTITUTION OF THE
corporate (not
of government had not been changed and this Constitution adopted.
tracts of the Territory of Colorado, counties, individuals or bodies
nt thorouith) shall continue as if the form
by their own limitation, or are altered or repealed by the General
Assembly and all rights. actions, prosecutions, claims and contion
force
shall, so far as not inco
as if this Constitution had not been adopted until they expire
SECTION I. That all laws in force at the adoption of this Constitu11 igkont thorouith remain of the same
I hat no
the form of government, it is hereby ordained and declared:
ig bu reacon of the chanre in
SCHEDULE.
ments
session.
but the General Assembly shall have no power to propose amendwo thon one Article of this Constitution at the same
their approval or rejection, and such as are approved by a majority
of those voting thereon, shall become part of this Constitution;
Asse mbiy; and at sard
ments shall be submitted to the qualified electors of the State for
vious to the next general election for members to the General
1.1 goid oloction the said amendment or amendsaid amendment or amendments to be published in full in at least
newspaner in each county, (if such their be,) for three months prethe ayes and noes of
their respective journals; and the Secretary of State shall cause the
elected to each House, such proposed amendments, together with foooh Houce thereon shall he entered in full on
the
may be proposed in either House of the General Assembly, and
same shall be voted for by two-thirds of all the members
11
such revision, al
SEC.
On or al - Any amendment or amendments to this Constitution
approved by a majority of the electors voting at the election, no
mondmont chall taze effert
Convention for that purpose, not less than two nor more than
months after the adiournment thereof; and unless so submitted and
S1X
as may be deemed n У,
tors for their ratification or rejection at an election appointed by the
prepare such revisions, alterations or amendments to the Constitution
uhiob aholl be cubmitted to the elec
ner provided for filling vacancies in the General Assembly.
Convention shall meet within three months after such election, and
Said
tion. Ihe qualincations of me
bers of the Senate, and vacancies occurring shall be filled in the manand to faithfully discharge their duties as members of the Conveng oholl bo the same as of memfore proceeding the members shall take an oath to support
Constitution of the United States and of the State of Colorado,
the same, together with the necessary expenses of the Convention. BeSTATE OF COLORADO. 45
the Secretary of State.
cial districts first elected under this Constitution, shall commence
from the day of filing their respective oaths of office in the office of
and
terms 0I omce oi the sev Judges of the Supreme
District Courts and the District Attorneys of the several judiTerritory.
S 6 Tho tos f
jurisdiction and powers to be exercised in the same judicial tricts respectively as heretofore constituted under the laws of
disthe
ry shall be superceded in manner aforesaid, the district courts and the Judges thereof shall continue with the
said
same
trict Court of the State for such county, and until the district courts of thо Тоika11 1
said District Court, and the seal and other property pertaining thereto, shall nass into the jurisdiction and possessioun of the Dis
tne of the Territory, within
county in such district, and the records, papers and proceedingsany
of
stitution, shall have qualified in his office, the several causes there- T
anv
not been adopted. Whenever the Judge of the District Court district. elected or appointed under the provisions of this Con
of
me irt of the lerritory, and the Judges thereof, shall
tinue with like powers and jurisdiction as if this Constitution
conhad
of the Supreme Court of the State; and, until so superceded, the
cords and proceedings of said court, and the seal and other proper- ty pertaining thereto shall pass into the iurisdiction and poccecia
lon, shall have qualihed in their office, the causes theretofore pending in the Supreme Court of the Territory, and the papers, refe court of the State, elected or appointed under the provisions of this Con- 11
carry into effect the provisions of the Constitution. SECE Whenever any two of the Judres of the Sunprome Coust
and become the property of the State of Colorado.
SEC. 4. The General Assembly shall pass all necessary laws to
Colorado, at the adoption of this Constitution, shall be vested in
SEC. 3. That all property, real and personal, and all moneys, credits claims and choses it action belongino to tho Touitom
upon as lf no cnange taken place,
except as otherwise provided in the Constitution.
filed, for any crime or offense committed before this Constitution
tazes effect mu ho prooodod 11
ments which shall have been found, or may hereafter be found, and all informations which shall have been fled or may hereafter he
provided, inue and remain
unaffected by the change of the form of government. All indictofficer, and all writs, prosecutions, actions and causes of action, except ar horoin otho 11.. 11
taxes, penalties and forfeitures due or owing to the Territory Colorado, or any such county. school district or municinality
of
or
10, ΟΙ any county, ol district, or
other municipality therein, or any officer thereof, and all fines,
ments entered into or executed before the admission of the State,
to the Torritoru of Coloned
SEC. 2. That all recognizances. obligations and all other instru
46 CONSTITUTION OF THE
qualifcation of the officers elected or appointed under the
government; and said officers, for the time they may serve. shall
State
ge tme auties of their respective offices after the admission of the State into the Union, until the
and Superintendent of Public Instruction of the Territory of orado shall continue to dicahawro the duf 41
Colissue his proclamation declaring the State of Colorado admitted into the Union; and the Governor. Secretary. Treasurer Auditor
stitution shall be in force
from the day on which the President of the United States shall
offices for the term of one year. SEC Ia The prouiciona af thig Ci 11 1
one thousand eight hundred and seventy-six, and except County Commissioners, the persons so elected shall hold their respective
ns erectea la omces, shall be hlled at
the general election on the first Tuesday in October, in the year
year one thousand eight hundred and seventy-six, by the expiration of the term of tho 11 1
effect as though this Constitution had not been adopted. SEC. II. All county offices that may become vačant durinr the
corda the provisions of this Constitution, and
the official bonds of all such officers shall continue in full force and
ed, and until such time as their successors may be elected qualified in крe
and
at the time of the adoption of this Constitution, shall hold their
spective offices for the full time for which they may have been elect.
reSEC. 10. All county and precinct officers who may be in office
Court in any county, shall·be construed to apply to and be in force
as to the County Court in the same count until repoalod
adoption of this Constitution, be held to apply to the County Court County Judge; and all laws specially applicable to the Probate or
ever
wne
occurring in the statutes of Colorado Territory, shall, after the
court shall have procured a proper seal. SEC O The terms “Probite Court” or “probato Iudgo”
respective counties, and the seal of the Probate Court in each
county shall be the seal of the County Court therein until the said
the Probate Judges shall act as Judges of the County Courts within
have done if this Constitution had not been adopted. And the election of the County Ludres providad for in thia Conatitutis
until
ceed to hnal decree or judgment, order or other determination, the said several matters and causes as the said Probate Court might
in
ty Court of the same county, and the said County Court shall proeach county, and all causes and matters of administration pending therein shall pass into the iurisdiction and poccocci of tha Co
EC. Whenever this Constitution shall go into effect, books, records, papers and proceedings of the Probate Court
the
in
bect
ively of the State.
the Supreme and District Courts of this Territory are hereby de- clared to be the seals of the Supreme and Diotriof Co
SEC. 7. Until otherwise provided by law, the seals now in use in
STATE OF COLORADO. 47
general election held under this Constitution, shall, by the County Clerks of the several counties, be returned to the Secretary of the
Assembly alter
SEC. 18. A copy of the abstracts of the votes cast at the first
11
introduced in either House at the first session of the General
fon tho firot fft das thereof shall become a law
first
10 twenty-five days of the session shall become a law, shall
anply to the first session of the General Assembly; but no bill,
SEC. 17.
the general appropriation bill, introduced in either House after the 11
Territory for the canvass of votes for Delegate in Congress.
T1. r of tho Conctitution that no bill excent
first
the
election held under this Constitution, snaln
result determined in the manner provided by the laws of the
SEC. 16. The votes cast for Representatives in Congress at the
ified electors of the several districts as the same shall be established
br lо
and representative districts as established in this o
such districts shall be changed by law, and thereafter by the qualSEC.
shall be chosen by the qualified electors of the several senatorial
1 1 Ction until
Territory.
S Senators and members of the House of Renresentatives
the
six
votes, under the regulations of sections thirty-nve and
of chapter twenty-eight of the Revised Statutes of Colorado
said actng
of them, in the presence of the Governor, shall proceed to canvass 1. d thintrs
the sending the abstracts of votes for Territorial officers; and id aatina Socretau of State Auditor Treasurer. or any two
votes to the Secretary of the Territory, acting as Se
State. under the same regulations as are prescribed by law
ΙΟ
for
al law Ior Assembly; and the County Clerk shall transmit the abstract of
county canvassing board in the manner prescribed by the Territoino the rotes formembers of the General
like officers. The votes cast for the Judges of the Supreme an
District Courts and District Attorneys shall be canvassed by the
J
are to pe
manner prescribed by the Territorial law for canvassing votes for
stitution for the several offices provided for in this Constitution who
kalasod ot the firct election shall he canyassed in the
to the certificate of election.
SEC 14. The votes at the first general election under this ConState, and saia
General, shall review the testimony and determine who is entitled
law; and the testimony so taken shall be certified to the Secretary
id fo torother with the Governor and Attorney
Supreme, District or County Courts, or District Attorneys,
exidence shall be taken in the manner prescribed by Territorial
the
SEC. 13. In case
the first general election under this Constitution, for Judges of the
1
paid for like services.fontont of election between candidates at
receive the same compensation as the State officers shall by law be
48 CONSTITUTION OF THE
7
W. M. CLARK,
A. D. COOPER, ROBERT A. QUILLIAN, LEWIS C. ROCKWELL,
B ARR, J. PLUMB,
Wм. H. CUSHMAN, GEO. E. PEASE,
W. E. BECK, WM. H. MEYER,
CASIMIRA BARELA,
CFORCE BOVI AS WM. L. LEE,
ΑΙΠΙΝ ΜΑΩCI
H.Р. H BROMWELI WM R KENNEDY
ICWIL SON President
the United States the one hundredth.
In Witness Whereof We have hereunto subscribed our names
day of Marcn, the year of our Lord one thousand
eight hundred and seventy-six, and of the Independence of
Done in Convention, at the City of Denver, Colorado, this fourpeople of the State.
וזזב IP of government; and any breach thereof, whenever occurring, may, after the admission of the State he prosecuted in tho nomo of tь
expressed to be payable to the people of the Territory of Colorado,
shall continue in full force, notwithstanding the change in the form
the 1, or at ally tmme Delore
admission of the State, shall be made or entered into and
SEC. 22. All recognizances, bail bonds, official bonds, and other oblirations or undertazinos which bare been or ot anr tima ba
session, to provide for the payment of the expenses of this
Convention if any there be then remaining unpaid,
peopre.
SEC. 21. The General Assembly shall have power, at their first
one thousand eight hundred and seventy-six, the electors of electoral college shall be chocen bu diroet uote of tho eld
the
shall not be necessary.
SEC. 20. The General Assembly shall provide that after the vear
anme tne ence Of
he two Houses therein, and the approval of the Governor thereto
referred to any committee, or read on more than one day in either House and shall toake effact immodietolu afton thl
electors in the electoral college; and such joint resolution, or bill for such enactment, may be passed without being printed
the
or
le, Dy act or joint
resolution, for the appointment by said General Assembly, of
canvass of the votes for the officers of the Executive Department, and before proceedinr to othor buine o b
SEC. 19. The General Assembly shall, at their first session, immediately after the organization of the two Houses, and after the
y, ana
the result thereof.
election, meet at the seat of government and proceed to canvass the wotes cast for mombora of the Conounl gml
counties; and the Secretary, Auditor, and Treasurer of the Territory, or any two of them, shall. on the twenty-fifth day after the
Territory immediately after the canvass of said votes in their several
STATE OF COLORADO. 49
HERBERT STANLEY, Ist Assi Secretary.
Н. А. ТERPENNING, 2d Assistant Secretary.
ATTEST :
W. W. COULSON, Secretary.
WM. H. JAMES,
JOHN S. HOUGH,]
LAFAYETTE HEAD, J. W. WIDDERFIELD,
J. M. DANIEL HURD, P. P. WILCOX,
W. B. FELTON, G. G. WHITE,
CRCIV ET WELLS
C. P. ELDER, AGAPETA VIGIL,
EIEBERT W. W. WEBSTER,
ROBERT DOUGLAS, W. C. STOVER,
L C. ELLSWORTH, Н. С. ТHATCHER,
H. R. CROSBY, WILBUR F. STONE,
50 CONSTITUTION.
lowing oath or affirmation :
that wou are a resident of
“You do solemnly swear (or affirm)
-county in the Territory of
has previously voted at the said election, then before the ballot
such person shall be received, he shall take and subscribe the
ΟΙ
folthe Territory, or if his vote shall be challenged by any elector who 1 1 11
son shall present himself to vote at said election, and either of the
iudres shall suspect that such person is not a qualified elector of
apply to said election, and any qualihed elector may at said election
vote at any ward or precinct in the Territory. Whenever any perlaws; provided, that no law requiring a registration of voters shall 1.
in the board of judges of any ward or precinct shall be filled, and
clerls of election shall he apnointed in the mannerprescribedby said
appointed under the laws of the lerritory, in each of said wards
and precincts, shall act as the judges of said election, and vacancies
of said Territory regulating elections. The judges of elections,
pointed for the holding of elections under the laws of the Territoru and shall be conducted in the manner prescribed hy the laws
the
Third-Said election shall be held at the several places
several wards and precincts throughout the Territory,
in
apto vote upon the ratification or rejection thereof.
tory for their ratification or rejection, and all persons who are then
aualifed electors under the laws of the Territory shall be qualified
Second-At said election the Constitution framed and adopted
by this Convention, shall be submitted to the people of the TerriConstitution framed and adopted by the Convention.
of Colorado, on the first day of July, in the year one thousand
oicht hundred and seventsiy for ratification or reiection of the
of December, A. D. 1875, does ordain and declare:
First-That an election shall be held throughout the Territory
city of Denver, the capital of said Territory, on the twentieth day
by the authority of the people of the Territory of Colorado, this Conuontion accembled in pursuancee of said Enahlinn Act at the
the admission of said State into the Union on an equal footing with
the original States,” approved March 3, A. D. 1875, on behalf and
Colorado to form a Constitution and State Government, and for
of
In conformity with the requirements of an Act of the Congress
tho nited Statec entitled “An Act to anable the peonle of
ORDINANCES
declare that they forever disclaim all right anp to the unappronriated public lands lying within said Territory, and that the
by their representatives in said Convention assembled, do aagree and
worship.
Cd Thok tho pooplo inhabitinr the Territory of Colorado
secured, and no inhabitant of said State snal ever De
person or property, on account of his or her mode of religious
First-That perfect toleration of religious sentiment shall homolootod
be
in
city of Denver, the capital of said lerritory, on tne
רז
of December, A. D. 1875, does ordain and declare :
Convention, assembled in pursuance of said Enabling Act, at the do
the original States,” approved March 3d, A. D. 1875, on behalf and
br the authority of the Peonle of the Territory of Colorado. this
cme Colorado to form a Constitution and State ernment, anp
admission of said State into the Union on an equal footing with
of the United States, entitled “An Act to enable the People of
In conformitn with the requirements of an Act of the Congress
es with a copy of said Constitution an
this Convention.
certify the same to the President of the United States, together
legal of them, shall canvass the same, and if a majoritý of the
notes ast shall be for the Constitution the acting Governor shall
be made to theacting Governor of the lerritory, who, with the 4
Justice and the United States Attorney of said Territory, or any two
votes at general elections; and the returns of said election shall
⑆41 41.. Cf
tion of the Constitution, shall be canvassed in the manner pregoribod br the las of the Territory of Colorado for canyassing the
together with a copy of this ordinance.
Sixth-The votes cast at said election for the adoption or rejecmit to the Sheriff of each county a notice in’writing of said election
or of this ordinance; and the Secretary of the Territory shall, on
bofore tho fifreenth dn of Man A D 1876 make out and transdays after the adjournment of this Convention, issue his prociamation for said election, to be held in conformity with the provisions
Fifth-The acting Governor of the Territory shall, within thirty
“For the Constitution,” or the words, “Against the Constitutian ox other eglent words
Fourth-Each elector voting at sai ction shall deposit in t
ballot-box a ticket, whereon shall be printed or written the words
and have not voted at this election.”
immediately preceding this election; that you have to the best of lrnowlodro and belief attrined the are of twenty-one vears
Colorado: that vou have resided in this Territory six months
52 ORDINANCES.
of tner
the Constitution of the United States.
Resolved, That in pursuance of the Enabling Act, and in behalf
of tho Roonlo of Coforadо in conuentioп ззеmbled do adont
ana re proceeding ss, as, on the 22D
December, A. D. 1875,
December, A. D. 1875, after the organization of said Convention,
March 3d, A. D. 1875, and assembled at the seat of government of
said Territory in pursuance of said Act. on the twentieth day of
St overnment, anp tne aa on oI tne sald state
Union on an equal footing with the original States,” approved
Act to enable the People of Colorado to form a Constitution and
1 aid 3440 into tho
tives of the People of the Territory of Colorado, chosen in pursuance of the Act of Congress of the UUnited States. entitled. "An
BE IT REMEMBERED, That in the Convention of the Representaconsent of the United States and the people of the State of
rado.
Third-That this Ordinance shall be irrevocable without the
shall be imposed by the State on lands or property therein belonging to or which may hereafter be purchased by. the United States.
States residing without sa State, su ever De taxea
than the lands belonging to residents thereof; and that no taxes
United States; that the lands belonging to citizens of the United 1 d biaho
same shall be and remain at the sole and entire disposal of the
ORDINANCES. 53
In this article the usual g
BILL OF RIGHTS.
fticnol ond ciuil rights
think must meet your approval
some
opinion regarding merits, your са
of the prominent features of the different articles, which we
examination, and that yyou may be able to form a clear and correct owofl attontion is invited to
ted
But, believing that your interest in the instrument now submitfor your consideration will lead you to give it personal
the oppression consequent upon te
kinds of indebtedness to corporations.
public funds, and to protect the people from unjust monopolies, and
uotinr of hbonds and other
partment-thereby furthering the ends of justice; to prevent
corruption of public officials: to provide for the safe keeping of all
the
ers
of
of the Legislative Department, by aking a uniform operation; to establish uniformity in the Judicial Dethis purpose in view, especial effort was made to restrict the pow- molrinr oll la дneral and
The end sought to be accomplished was to secure a just and
economical administration of the Denartments of State, and, with
Constitution, but most of гу
experience of the past century have proven to be wise and judicious.
tains not only all of the primitive rights guaranteed in our National meecures uhich the
and extensive, it is to be expected that errors would creep in, and
omissious dess unnoticed but unon the whole, we believe it conwants of the people.
In a work of such magnitude, where the interests are so varied
and wholesome in itself, and which would be adapted to the general
one, requiring a session of eighty-six days, during which time
Conuention labored assiduously to frame a fundamental law, wise
the
have completed the work, and ewitn sun tme
labors for your adoption or rejection. The task was an arduous
the purpose of framing a Constitution for the State of Colorado, aubmit tho rocult of their
Your representatives, in convention assembled, under the provisions of an act of Congress approved March 3. A. D. 1875, for
EOPLE OF LOLORADO.
TO THE
DDD20
em- a, Io onduct or malfeasance in office; he is also powered to grant pardons, subject, however to such regulatione
The Governor is given the power to remove all officers by him
the expenses of the State, as well as an estimate of the revenue derived from all sources
otate; tne vernor, upon the meeting of the General Assembly, required to furnish to that body a full and correct statement is
the people may always have
Stato1 a proper understanding of the financial condition of the
the representatives of the people to expose, or by suitable laws prevent extrayagance and fraudo
people. The Governor is required to transmit these statements to the General Assembly when called for thus enabling
or kept nanus and the place where
tiondeposited,
f which statement is to be published for the informaTreasurer is required to furnish the Governor a quarterly statement under oath of all monens in hig honde
It 1s made the duty of all the State officers to keep account of all moneys received or dishursed by them whila
an
th
ng the people frequent opportunities to correct the administration 1 of affairs in this department.
fixed
The term of office of the Governor and other State officers, at two vears therebu uina th is
EXECUTIVE DEPARTMENT.
not be obtained.
Supreme, strict or County Court, which can be used upon trial of the cause when the personal attendance of the witness can
nst him face to face, we
tho have Si provided Dfor the taking of depositions before some Judge of
pose of protecting witnesses in criminal prosecutions, and that the accused may always meet the witno
ly Peducing the expenses of our courts. The right of trial by jury in all criminal cases has been preserved and for the nur
tion u as to permit the organızamotoill of a jury of less than twelve men in civil cases, thereby
it may not be abolished altogether is left to the legislature. Petit Jury system has been so modifiod The
grand jury consist of twelve men instead of twenty-three-any nine of whom concurring may find a bill. and the question wwhether
ty to tne full extent as if native-born citizens. The Grand Jury system has been so modified as to make
ay, that aliens, who are bona fide residents of the State, shall acquire, inherit. nossess and enion propertu to th1
that eren hall be given by law to religious denominations; right and justice shall be administered without sale denial or delau
Just compensation previously made to the owner thereof, or paid into court for his use; that no
immunities; that private property shall not be taken or damaged for public or private use ithout iu
che people, it is further declared that the General Assembly shall make no irrevocable grants of special privilegез о
have been retained, and to the end that more power should be
ADDRESS TO THE PEOPLE OF COLORADO. 55
interested in any contracts or awards by
vant, agent or empioye, way authority of law; nor is any officer of the State to be in any iab tho logislative and
of
serany law giving extra compensation to any public officer,
louo after services rendered. without previous
or special laws.
To provide against extravagance we have prohibited the passing
article on legislation,
which the General Assembly is prohibited from passing any local
We invite your special attention to section twenty-five of the
whorein aare enumerated the many cases in
expenses of the government, alte e nrst
cessio
shall be read o
ree
passed, and that no bill shall be introduced, except for the general
fo dcns of the
in
1t
each bill, which shall be clearly expressed in its title; tha
diffarent davs in each House before being
11
To afford protection from hasty leg on,
bills shall he nrinted: that only one subject shall be embraced
and publishing
interests, and to create dangerous monopolies. itio roguired that
thus saving the State from expenses usually incurred in passing 1 ogured bu combinations to advance private
The evils of local and special legislation beifng
eof any law not general in its provisions is prohibitedoffice, receive any
at the time of his election. enormous the
of
No member of the General Assembly shall, during his term
of alary or mileage. above that allowed
compensation of the members of th al A
four dollars per day, and thereafter as may be provided by law.
under the Sta e
years; that of the Representatives at two. For the first session the mblu ic fved at
and is limited to a session of forty days, after the first Legislature
Tea koum of office of the Senators is fixed at four
The General Assembly is required to meet once in two years,
I EGISLATIVE DEPARTMENT.
are required to pay into the treasury all fees bythe their respeGtive offices
in that body in case of а
All the State officers are paid by salaries for their services, and
m olleed in
the presiding officer in the State Senate, and has the majority vote
State the benefit of an officer elected by the people
nncr that might occur in the office of Governor; he is also made
pass a bill over the veto of tie
The office of Lieutenant Governor is created, thereby giving the
of two-thirds of all the members of each House is required
ftho Gouernor
to
reason for granting the same to the General Ass
A an additional check upon ill-advised legislation, a majority
for
all
the application ne san
cases when a pardon is granted, he is required to send the
as mau be provided by law, and in
ADDRESS TO THE
8
for nine years.
Instead of Probate Courts County Courts re created for ever
prescribed for the Judges of these courts. The Judges of the
trict Courts will be elected for six, and those of the Supreme Court
1Sbe unwise and detrimental to the public interest, long terms are
by it.
Fyperience having shown frequent chanres of the iudiciary to
cide all causes brought before it, and to write out caretully prepared and creditable opinions in all causes heard and determined
better enabled to fully and impartially investigate and properly detrial of a cause in the District Court, sits in review of his own
cision in the Supreme Court The Supreme Court will now
debe
objections long entertained and frequently expressed against
present system, by which the same Judge who presides over
our
the
court will have three Judges, and as constituted will obviate the
companies or corporations. A Supreme Court, composed of
ferent Judges from those of the District Courts is created
difThis
and determıne all controversies in behalf of the people, concerning
the rights, duties and liabilities of railroad, telegraph and toll road
The district courts are invested with original jurisdiction to hear
increase the number of judicial districts and the number of judges after the wear 1880
Courts to.dispose of business with proper consideration and
patch for several years, and the General Assembly is permitted
disto
instead of three judicial districts. This will enable the District
courts or litigants. To correct these evils an additional judicial
district is provided with an additional district iudge makinr four
reached for disposal sufficient time and attention cannot be devoted
to their consideration to render the same satisfactory to either
causing expensive and ruinous delays to parties litigant, and when
is,
to
causes accumulate on the dockets, and are continued from term
term both in the District Courte and in the Supreme Cour
at present constituted our courts are wholly inadequate to the
transaction of the business brought before them. The consequence
the imperative demands of our rapidly increasing population. As
Radical chanres hawe been made in the iudicial sustem to meet
eight, providing against the corruptions heretofore complained of
in lecislative bodie and prescribing punishments therefor
absolute control of the State.
Attention is also directed to sections twenty-seven and twentyany
au denominationàl, sectarian or any other institution not under the
printing, paper and fuel.
It is further provided that no anpropriation shall be made to
other departments of government are furnished with stationery,
PEOPLE OF COLORADO. 57
E
To urd against the undue influences to which small bodies
State.
now provided that the several institutions of learning and charity fostered by the Territory shall be perpetuated and cared for by the
band,
the
to the fullest extent, the several gra
general government to this State for school purposes. It is
The General Assembly is required to pass suitable laws to husc 11 eta f lond donated
sectarian dogmas shall ever be taught in any of the schools under
the patropage of the State
test shall ever be required
the public schools, either as pupil or teacher; that no religious or
church or sectarian denomination whatsoever; that no religious litin fon admigcion into ann of
from any public fund anything in aid of, or to help support,
school or institution of learning of any kind controlled by any
any
town
inviolate and intact; that neither the e, nor any
or school district shall ever make any appropriation, nor pay
It is declared that the public school fund shall forever remain
u00untu citn
instruction therein for all children between the ages of six
turentu.one wearsrs is forever guaranteed
and
public schools is vested in a Bo
The maintenance of free public schools, and the gratuitous
By the provisions in this article the general supervision of the
EDUCATION.
from that on which an election is held for any other purpo
taking judicial elections out of the arena of party politics.
De un
and after the first election they may be elected on a different day
11
grade, and the force and effect of their proceedings are required to
ifm All iudicial officers will be elected by the people.
tion
ers.
throughout the State, and the organization, jurisdiction, pow
proceedings and practice of all the courts of the same class or
moreAll laws relating to courts are required to be of uniform opera1
tion for those who prefer that summary mode of adjustment to the
so tadicuc and eypensire litiration in other courts
hundred dollars.
Provision is made for the settlement of differences by arbitraronce Justices of the Peace have jurisdiction to the amount of three
for counties having a population exceeding fifteen thousand,
Deligo Mogiatretor for cities and tomus
and
courts will be elected for three years.
The General Assembly is empowered to create Criminal Courts
exceed the sum of two thousand dollars. The Judges of these
diction as may be prescribed by law, their civil jurisdiction being
limikod to ontrouercies in which the amount inyolved does not
county. with probate jurisdiction, and such civil and criminal juris58 ADDRESS TO THE
a
ments oI tnis na uen tme tion, they must subject themselves to all the provisions and requiree ofobiddon olida
car- declared that railroad corporations shall be liable as common
riers and that to avail themselves of the benefits of future legislaall
can
tmat ve power to alter, ke or annui sucn s, wnen
be done without injustice to the corporators. We have
ileges proves injurious to the people, then the General Assembly
but legislation, or to make such rights and privileges irrevocable;
in case it shall be found that the exercise of such rights and priynave. led tne al oly the pow create
rations, or to extend or enlarge their chartered rights by special
and
IT. sham corporations claiming special and exclusive privileges.
ture in relation to these matters are necessary.
To this end we have provided for the wiping out of all dormant
lizing ten raifroads and other corporations. xperience
has shown that positive restrictions on the powers of the legislaabuses and protecting the people from the grasping and monopo- ין
States tion pertaining to corporations. The legislatures of other
have in most cases been found unegual to the task of preventing
Probably no subject nas co belore tne
more anxiety and concern than the troublesome and vexed quesCORPORATIONS.
mena 11 general ap
larger than whole States further east, is a necessity, and must comof Representatives, without regard to population. Such a provision in a State where many of its counties are
tion compensate tne ed expenaity
this apportionment, every county will have a member in the House
great, and that the benefits to be derived from a larger representa-
*11 1
legislation, it is estimated that the additional expense of a legislature comnosed of this numher oyer a smaller body will not be
In view provisions against special legisiation, aiready
adverted to, and other measures adopted to secure economy in
representation.
4 every five years. By these revisions the portions of the State
which most rapidly increase in population will receive additional
and decennially thereafter, enable the eral A bly to
revise and correct the apportionment, on the basis of population,
every ten years thereafter, which, with the federal census of
11 11 111 1. 1880,
be increased until 1890.
A State census is provided to be taken in the vear 1885 and
sented, the Senate is made to consist of twenty-six, andthe н
of Representatives of forty-nine, members-these members not to
with its numerous and diversified interests, may be fairly repre11 TT
are exposed and in order that every portion of our extensive State
PEOPLE OF COLORADO. 59
separate account of each fund in his hands, to render quarterly
quished or suspended. The State Treasurer is required to keep a
property, real and personal, are required to share the burdens
of faxation and the power to tay the same is never to be relinhundred million dollars, the rate shall never thereafter exceed
mills on each dollar of valuation. Corporations and corporate
two
exceed four mills, and when the valuation shall amount to three
restrictions that when the valuation of property within the
chall amount to one hundred million dollars the rate shall
State
not
For the purpose of defraying the expenses of the State a tax
provided for, not in any case to exceed six mills on the dollar, with
1S
exempted.
situate, used exclusively for religious worship, for schools
strictlu charitable purposes and places of burial of the dead
and
are
municipalities, and public libraries, are exempted from taxation,
and, unless otherwise provided by law, lots and buildings thereon
taxed. The property of the State, counties, cities, towns and other
canals and flumes owned and used by individuals and corporations.
for the purnoce of irrigating their own lands are not to he separate7
mining claims have been exempted for a period of ten years, except
the net proceeds and surface improvements thereof, and ditches,
upon the same class of subjects has been established. Mines and
government, without imposing onerous taxation upon any class
pronertu or inductrr of the State A uniform system of taxation
of
of
In framing this article, much labor was bestowed with the view
securing sufficient revenue to defray the expenses of the State
REVENUE AND FIŅANCE.
give more general satisfaction.
dle ground, believing it to be more safe, and in the end that it will
placing restrictions on the legislative power, others have gone too far and haue had to recede We have endeavored to take a mid.
Visions remembered do not cover the whole ground, but it must be
that while some of our sister States have not gone far enough in
erty within the limits of this State. We are aware that these prozith
courts in case of consolidation of a corporation within the
an foreign corporation over that part of the corporate pronState
the
any
State, upon whom the process of our courts can be served
and all times. We have also retained the jurisdiction of
at
our
known places of business, and an agent or representative within
private property is taken, and have required all foreign corporations,
sndition of their doinr business here to have one or more
eminent corporations. We have carefully guarded the right of
domain, requiring a just compensation to be paid in cash when
discriminations between individual in their business with such
of aarallel and competino lines andof all uniust and unreasonable
60 ADDRESS TO THE
