CONSTITUTION OF NEW MEXICO-1912.*

We, the people of New Mexico, grateful to Almighty God for the blesss of liberty, in order to secure the advantages of a State government, do ain and establish this constitution.

ARTICLE I.

NAME AND BOUNDARIES.

The name of this State is New Mexico, and its boundaries are as follows: Beginning at the point where the thirty-seven parallel of north latitude rsects the one hundred and third meridian west from Greenwich; thence g said one hundred and third meridian to the thirty-second parallel of north tude; thence along said thirty-second parallel to the Rio Grande, also known he Rio Bravo del Norte, as it existed on the ninth day of September, one Isand eight hundred and fifty; thence following the main channel of said river, t existed on the ninth day of September, one thousand eight hundred and to the parallel of thirty-one degrees forty-seven minutes north latitude: ce west one hundred miles to a point; thence south to the parallel of ty-one degrees twenty minutes north latitude; thence along said parallel birty-one degrees twenty minutes, to the thirty-second meridian of longitude from Washington; thence along said thirty-second meridian to the thirtyath parallel of north latitude; thence along said thirty-seventh parallel to point of beginning.

ARTICLE II.

BILL OF RIGHTS.

SECTION 1. The State of New Mexico is an inseparable part of the Federal n, and the Constitution of the United States is the supreme law of the

The act enabling New Mexico to frame a constitution and form a state governwas approved June 20, 1910. The convention which drafted the constitution asled at Santa Fe on October 3 and adjourned on November 21, 1910. The constituwas submitted to the electors of the territory on January 21, 1911, and was ratiy a vote of 31,742 to 13,399. No proposition was submitted separately. On Feb24, 1911, President Taft transmitted a copy of this constitution to Congress with ormal approval and recommended that it be adopted. On August 21, 1911, Conpassed a joint resolution formally admitting New Mexico to the Union on conthat the electors of the territory should first ratify an amendment to Article relative to the process by which amendments to the constitution should be made. Original draft of this Article provided that proposed amendments must receive the ative vote of two-thirds of the members elected to each house; Congress changed o a majority. The following provision, found in the original draft, was stricken "Or any amendment or amendments to this constitution may be proposed at the regular session of the legislature held after the expiration of two years from the this constitution goes into effect, or at the regular session of the legislature cong each eighth year thereafter, and if a majority of all the members elected to of the two houses voting separately at said sessions shall vote in favor thereof, proposed amendment or amendments shall be entered on their respective journals the yeas and nays thereon." The congressional amendment required the publicaof proposed amendments "in English and Spanish when newspapers in both of said ages are published"; and provided that amendments may be submitted at the ng general election or a special election held within six months after the adment of the legislature; provided that a majority of the electors is sufficient to 7 an amendment instead of "an affirmative vote equal to at least forty per centum I the votes cast at said election in the state and in at least one-half of the counhereof." The provision that "not more than three amendments shall be submitted e election" was stricken out and a provision was added that no changes be made tions 1 and 3 of Article VII and sections 8 and 10 of Article XII unless "ratified vote of the people of this state in an election at which at least three-fourths of lectors voting in the whole state and at least two-thirds of those voting in each y in the state shall vote for such amendments." The provision that a constituI convention be called if the proposition received the affirmative votes of the elecVoting at said election" and "in at least one-half of the counties" of the state, stricken out and a provision inserted that a majority of the voters voting on the sition was sufficient. This amendment was adopted at the first state election, and resident's proclamation admitting New Mexico to the Union, was issued on Janu5, 1912, and the constitution became effective the same day.

SEC. 2. All political power is vested in and derived from the people; ar government of right originates with the people, is founded upon their will, ans instituted solely for their good.

SEC. 3. The people of the State have the sole and exclusive right t govern themselves as a free, sovereign, and independent State.

SEC. 4. All persons are born equally free, and have certain natural, herent, and inalienable rights, among which are the rights of enjoying a defending life and liberty, of acquiring, possessing, and protecting property, anti of seeking and obtaining safety and happiness.

SEC. 5. The rights, privileges, and immunities, civil, political and religion guaranteed to the people of New Mexico by the Treaty of Guadalupe Hildal shall be preserved inviolate.

SEC. 6. The people have the right to bear arms for their security and al fense, but nothing herein shall be held to permit the carrying of conceal weapons.

SEC. 7. The privilege of the writ of habeas corpus shall never be suspende unless, in case of rebellion or invasion, the public safety requires it.

SEC. S. All elections shall be free and open, and no power, civil or m tary, shall at any time interfere to prevent the free exercise of the right suffrage.

SEC. 9. The military shall always be in strict subordination to the power; no soldier shall in time of peace be quartered in any house with the consent of the owner, nor in time of war except in the manner prescri by law.

SEC. 10. The people shall be secure in their persons, papers, homes effects, from unreasonable searches and seizures, and no warrant to search place, or seize any persons or thing, shall issue without describing the to be searched, or the persons or things to be seized, nor without a writ showing of probable, cause, supported by oath or affirmation.

SEC. 11. Every man shall be free to worship God according to the tates of his own conscience, and no person shall ever be molested or denied civil or political right or privilege on account of his religious opinion or of religious worship. No person shall be required to attend any place of ship or support any religious sect or denomination; nor shall any prefer be given by law to any religious denomination or mode of worship.

SEC. 12. The right of trial by jury as it has heretofore existed shal secured to all and remain inviolate. In all cases triable in courts inferior the district court the jury may consist of six. The legislature may pro that verdicts in civil cases may be rendered by less than a unanimous rote the jury.

SEC. 13. All persons shall be bailable by sufficient sureties, except capital offenses when the proof is evident or the presumption great. Ex sive bail shall not be required, nor excessive fines imposed, nor cruel unusual punishments inflicted.

SEC. 14. No person shall be held to answer for a capital, felonious, infamous crime unless on a presentment or indictment of a grand jury, exe in cases arising in the militia when in actual service in time of war or pu danger. In all criminal prosecutions the accused shall have the right to pear and defend himself in person, and by counsel; to demand the nata and cause of the accusation; to be confronted with the witnesses against hit to have the charge and testimony interpreted to him in a language that understands; to have compulsory process to compel the attendance of De sary witnesses in his behalf, and a speedy public trial by an impartial ju of the county or district in which the offense is alleged to have been onl mitted.

SEC. 15. No person shall be compelled to testify against himself ir criminal proceeding, nor shall any person be twice put in jeopardy for t same offense; and when the indictment, information, or affidavit upon whi any person is convicted charges different offenses or different degrees of th same offense and a new trial is granted the accused, he may not again b

ried for an offense or degree of the offense greater than the one of which e was convicted.

SEC. 16. Treason against the State shall consist only in levying war gainst it, adhering to its enemies, or giving them aid and comfort. No peron shall be convicted of treason unless on the testimony of two witnesses the same overt act, or on confession in open court.

SEC. 17. Every person may freely speak, write, and publish his sentients on all subjects, being responsible for the abuse of that right; and no law all be passed to restrain or abridge the liberty of speech or of the press. 1 all criminal prosecutions for libels, the truth may be given in evidence to e jury; and if it shall appear to the jury that the matter charged as libelous true and was published with good motives and for justifiable ends, the rty shall be acquitted.

SEC. 18. No person shall be deprived of life, liberty, or property withit due process of law; nor shall any person be denied the equal protection of e laws.

SEC. 19. No ex post facto law, bill of attainder, nor law impairing the ligation of contracts shall be enacted by the legislature.

SEC. 20.

Private property shall not be taken or damaged for public use thout just compensation.

SEC. 21. No person shall be imprisoned for debt in any civil action. SEC. 22. No distinction shall ever be made by law between resident aliens d citizens in regard to the ownership or descent of property. SEC. 23. The enumeration in this constitution of certain rights shall not construed to deny, impair, or disparage others retained by the people.

ARTICLE III.

DISTRIBUTION OF POWERS.

SECTION 1. The powers of the government of this State are divided into ee distinct departments, the legislative, executive, and judicial, and no peror collection of persons charged with the exercise of powers properly beging to one of these departments, shall exercise any powers properly belongto either of the others, except as in this constitution otherwise expressly ected or permitted.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

SECTION 1. The legislative power shall be vested in a senate and house representatives which shall be designated the Legislature of the State of w Mexico, and shall hold its sessions at the seat of government.

The people reserve the power to disapprove, suspend, and aunul any law cted by the legislature, except general appropriation laws; laws providing the preservation of the public peace, health, or safety; for the payment the pubic debt or interest thereon, or the creation or funding of the same, ept as in this constitution otherwise provided; for the maintenance of the lic schools or State institutions, and local or special laws. Petitions disapprovany law other than those above excepted, enacted at the last preceding session the legislature, shall be filed with the secretary of state not less than four nths prior to the next general election. Such petitions shall be signed by not s than ten per centum of the qualified electors of each of three-fourths of › counties and in the aggregate by not less than ten per centum of the quali1 electors of the state, as shown by the total number of votes cast at the t preceding general election. The question of the approval or rejection of h law shall be submitted by the secretary of state to the electorate at the xt general election; and if a majority of the legal votes cast thereon, and not is than forty per centum of the total number of legal votes cast at such neral election, be cast for the rejection of such law, it shall be annulled and ereby repealed with the same effect as if the legislature had then repealed it, d such repeal shall revive any law repealed by the act so annulled; otherse it shall remain in force unless subsequently repealed by the legislature.

If such petition or petitions be signed by not less than twenty-five per centum of the qualified electors under each of the foregoing conditions, and be filed with the secretary of state within ninety days after the adjournment of the session of the legislature at which such law was enacted, the operation there of shall be thereupon suspended and the question of its approval or rejec« }47 tion shall be likewise submitted to a vote at the next ensuing general elec tion. If a majority of the votes cast thereon and not less than forty per centum of the total number of votes cast at such general election be cast for its rejection, it shall be thereby annulled; otherwise, it shall go into effect upon publication of the certificate of the secretary of state declaring the result of the vote thereon. It shall be a felony for any person to sign any such petition with any name other than his own, or to sign his nam more than once for the same measure, or to sign such petition when he is not qualified elector in the county specified in such petition; provided, that noth ing herein shall be construed to prohibit the writing thereon of the name of any person who can not write, and who signs the same with his mark. The legislature shall enact laws necessary for the effective exercise of the powe hereby reserved.

SEC. 2. In addition to the powers herein enumerated, the legislature shal have all powers necessary to the legislature of a free State.

SEC. 3. The senate shall consist of twenty-four, and the house of rep resentatives of forty-nine members, who shall be qualified electors of the respective districts and residents of New Mexico for at least three years ne preceding their election. Senators shall not be less than twenty-five year and rpresentatives not less than twenty-one years of age at the time of the election. No person shall be eligible to the legislature who, at the time qualifying, holds any office of trust or profit under the State, county, National Government, except notaries public and officers of the militia w receive no salary.

SEC. 4. Members of the legislature shall be elected as follows: Senato? for the term of four years, and members of the house of representatives f the term of two years. They shall be elected on the day provided by la for holding the general election of State officers or Representatives in Co gress. Vacancies in either house shall be filled by an election at a time be designated by the governor.

SEC. 5. The first session of the legislature shall begin at twelve o'clo noon, on the day specified in the proclamation of the governor. Subseque sessions shall begin at twelve o'clock, noon, on the second Tuesday of Jan ary next after each general election. No regular session shall exceed six days, except the first, which may be ninety days, and no special session sh exceed thirty days.

SEC. 6. Special sessions of the legislature may be called by the governo but no business shall be transacted except such as relates to the objects spee tied in his proclamation.

SEC. 7. Each house shall be the judge of the election and qualifications it own members. A majority of either house shall constitute a quorum do business, but a less number may effect a temporary organization, a journ from day to day, and compel the attendance of absent members.

SEC. 8. The senate shall be called to order in the hall of the senate the lieutenant governor. The senate shall elect a president pro tempore wh shall preside in the absence of the lieutenant governor and shall serve unt the next session of the legislature. The house of representatives shall be called to order in the hall of said house by the secretary of state. He shall preside until the election of a speaker, who shall be the member receiving the highest number of votes for that office.

SEC. 9. The legislature shall choose its own officers and employees and fix their compensation, but the number and compensation shall never exced the following: For each house, one chaplain at three dollars per day; chief clerk and one sergeant-at-arms, each at six dollars per day; one assi tant chief clerk and one assistant sergeant-at-arms, each at five h

lars per day; two enrolling clerks and two reading clerks, each at five dollars per day; six stenographers for the senate and eight for the house, each at six dollars per day; and such subordinate employees in addition to the above as they may require, but the aggregate compensation of such additional employees shall not exceed twenty dollars per day for the senate and thirty dollars per lay for the house.

SEC. 10. Each member of the legislature shall receive as compensation for is services the sum of five dollars for each day's attendance during each ession and ten cents for each mile traveled in going to and returning from he seat of government by the usual traveled route, once each session, and he hall receive no other compensation, perquisite, or allowance.

SEC. 11. Each house may determine the rules of its procedure, punish s members or others for contempt or disorderly behavior in its presence, and rotect its members against violence; and may, with the concurrence of twoirds of its members, expel a member, but not a second time for the same et. Punishment for contempt or disorderly behavior or by expulsion shall not è a bar to criminal prosecution.

SEC. 12. All sessions of each house shall be public. Each house shall ep a journal of its proceedings, and the yeas and nays on any question shall, the request of one-fifth of the members present, be entered thereon. The iginal thereof shall be filed with the secretary of state at the close of the ssion, and shall be printed and published under his authority.

SEC. 13. Members of the legislature shall, in all cases except treason, lony, and breach of the peace, be privileged from arrest 'during their attendce at the sessions of their respective houses, and on going to and returning om the same. And they shall not be questioned in any other place for any eech or debate or for any vote cast in either house.

SEC. 14. Neither house shall, without the consent of the other, adjourn more than three days, Sundays excepted; nor to any other place than that ere the two houses are sitting; and on the day of the final adjournment ey shall adjourn at twelve o'clock, noon.

SEC. 15. No law shall be passed except by bill, and no bill shall be so tered or amended on its passage through either house as to change its iginal purpose. The enacting clause of all bills shall be: "Be it enacted by e Legislature of the State of New Mexico." Any bill may originate in her house. No bill, except bills to provide for the public peace, health, d safety, and the codification or revision of the laws, shall become a law dess it has been printed, and read three different times in each house, not ore than two of which readings shall be on the same day, and the third of ich shall be in full.

SEC. 16. The subject of every bill shall be clearly expressed in its title, dno bill embracing more than one subject shall be passed except general propriation bills and bills for the codification or revision of the laws; but any subject is embraced in any act which is not expressed in its title, only much of the act as is not so expressed shall be void. General appropriabills shall embrace nothing but appropriations for the expense of the ecutive, legislative, and judiciary departments, interest, sinking fund, payents on the public debt. public schools, and other expenses required by existg laws; but if any such bill contain any other matter, only so much thereas is hereby forbidden to be placed therein shall be void. All other apopriations shall be made by separate bills.

SEC. 17. No bill shall be passed except by a vote of a majority of the embers present in each house, nor unless on its final passage a vote be ken by yeas and nays, aml entered on the journal.

SEC. 18. No law shall be revised or amended, or the provisions thereof tended by reference to its title only; but each section thereof as revised. mended, or extended shall be set out in full.

SEC. 19. No bill for the appropriation of money, except for the current Epenses of the government, and no bill for the increase of compensation of y officer, or for the creation of any lucrative office, shall be introduced after