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ARTICLE XVI.

IRRIGATION AND WATER RIGHTS.

All existing rights to the use of any waters in this State or beneficial purpose are hereby recognized and confirmed. he unappropriated water of every natural stream, perennial or hin the State of New Mexico, is hereby declared to belong to 1 to be subject to appropriation for beneficial use, in accordlaws of the State. Priority of appropriation shall give the

eneficial use shall be the basis, the measure and the limit of he use of water.

he legislature is 'authorized to provide by law for the organization of drainage districts and systems.

ARTICLE XVII.

MINES AND MINING.

There shall be an inspector of mines, who shall be appointed or, by and with the advice and consent of the senate, for a years, and whose duties and salary shall be as prescribed by

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he legislature shall enact laws requiring the proper ventilation of struction and maintenance of escapement shafts' or slopes, and the se of appliances necessary to protect the health and secure the yees therein. No children under the age of fourteen years shall be e mines.

ARTICLE XVIII. '

MILITIA.

The militia of this State shall consist of all able-bodied male' n the ages of eighteen and forty-five except such as are exempt United States or of this State. The organized militia shall be ational Guard of New Mexico," of which the governor shall der in chief.

he legislature shall provide for the organization, discipline and the militia, which shall conform as nearly as practicable to the Hiscipline, and equipment of the Regular Army of the United' all provide for the maintenance thereof.

ARTICLE XIX.4

AMENDMENT.

Any amendment or amendments to this constitution may be ther house of the legislature at any regular session thereof, and of all members elected to each of the two houses voting sepaote in favor thereof, such proposed amendment or amendments ed on their respective journals with the yeas and nays thereon. tary of state shall cause any such amendment or amendments. d in at least one newspaper in every county of the state, where is published once each week, for four consecutive weeks, in panish when newspapers in both of said languages are published ies, the last publication to be not more than two weeks prior, n at which time said amendment or amendments shall be sub

mendation of Congress the whole of original Article XIX was stricken esent article inserted in lieu thereof and ratified by the electors at the ion held on November 7, 1911. The text of the original Article is as

Any amendment or amendments to this constitution may be proposed of the legislature at any regular session thereof, and if two-thirds of ected to each of the two houses voting separately, shall vote in favor roposed amendment or amendments shall be entered on their respective he yeas and nays thereon; or any amendment or amendments to this

mitted to the electors of the state for their approval or rejection; and the said amendment or amendments shall be voted upon at the next regular elec tion held in said state after the adjournment of the legislature proposing sui amendment or amendments, or at such special election to be held not less than six months after the adjournment of said legislature, at such time as si legislature may by law provide. If the same be ratified by a majority the electors voting thereon such amendment or amendments shall become part of this constitution. If two or more amendments are proposed, the shall be so submitted as to enable the electors to vote on each of the separately: Provided, That no amendment shall apply to or affect the prov sions of sections one and three of Article VII hereof, on elective franchis and sections eight and ten of Article XII hereof on education, unless it proposed by vote of three-fourths of the members elected to each house an be ratified by a vote of the people of this state in an election at which least three-fourths of the electors voting in the whole state and at leas two-thirds of those voting in each county in the state shall vote for such ame ment.

SEC. 2. Whenever, during the first twenty-five years after the adoptią. of this constitution, the legislature, by a three-fourths vote of the memlet elected to each house, or, after the expiration of said period of twenty-fie years, by a two-thirds vote of the members elected to each house, shall dea it necessary to call a convention to revise or amend this constitution, the shall submit the question of calling such convention to the electors at th next general election, and if a majority of all the electors voting on question at said election in the state shall vote in favor of calling a vention the legislature shall, at the next session, provide by law for calling same. Such conventions shall consist of at least as many delegates as the are members of the house of representatives. The constitution adopted such convention shall have no validity until it has been submitted to at ratified by the people.

SEC. 3. If this constitution be in any way so amended as to allow l to be enacted by direct vote of the electors the laws which may be so ena shall be only such as might be enacted by the legislature under the provisi of this constitution.

SEC. 4. When the United States shall consent thereto, the legislature. a majority vote of the members in each house, may submit to the people question of amending any provision of Article XXI of this constitution compact with the United States to the extent allowed by the act of congre permitting the same, and if a majority of the qualified electors who vote up any such amendment shall vote in favor thereof the said article shal. thereby amended accordingly.

SEC. 5. The provisions of section one of this article shall not be chats altered, or abrogated in any manner except through a general conventio called to revise this constitution as herein provided.

constitution may be proposed at the first regular session of the legislature held af the expiration of two years from the time this constitution goes into effect, or at regular session of the legislature convening each eighth year thereafter, and if a mi jority of all the members elected to each of the two houses voting separately at su sessions shall vote in favor thereof, such proposed amendment or amendments shall >> entered on their respective journals with the yeas and nays thereon. The secret of state shall cause any such amendment or amendments to be published at it one newspaper in every county of the State where a newspaper is published, once es week, for four consecutive weeks, the last publication to be not less than two w prior to the next general election, at which time the said amendment or amendmen shall be submitted to the electors of the State for their approval or rejection.

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If the same be ratified by a majority of the electors voting thereon and by affirmative vote equal to at least forty per centum of all the votes cast at said elect in the State and in at least one-half of the counties thereof, then, and not otherwis such amendment or amendments shall become part of this constitution. Not more th three amendments shall be submitted at one election and if two or more amendmer are proposed, they shall be so submitted as to enable the electors to vote on each them separately; provided, that no amendment shall apply to or affect the provisi of sections one and three of article seven hereof on elective franchise and secte eight and ten of article twelve hereof on education unless it be proposed by vole three-fourths of the members elected to each house.

Sec. 2. Whenever, during the first twenty-five years after the adoption of t

ARTICLE XX.

MISCELLANEOUS.

ON 1. Every person elected or appointed to any office shall, before pon his duties, take and subscribe to an oath or affirmation that upport the Constitution of the United States and the constitution of this State, and that he will faithfully and impartially discharge of his office to the best of his ability.

Every officer, unless removed, shall hold his office until his sucduly qualified.

The term of office of every State, county, or district officer, exelected at the first election held under this constitution and those fill vacancies, shall commence on the first day of January next election.

If a vacancy occur in the office of district attorney, judge of the r district court, or county commissioner, the governor shall fill such y appointment, and such appointee shall hold such office until the al election. His successor shall be chosen at such election and shall ffice until the expiration of the original term.

. If, while the senate is not in session, a vacancy occur in any incumbent of which was appointed by the governor by and with the 1 consent of the senate, the governor shall appoint some qualified fill the same until the next session of the senate, and shall then apnd with the advice and consent of the senate some qualified person office for the period of the unexpired term.

General elections shall be held in the State on the Tuesday after Tonday in November in each even-numbered year.

The returns of all elections for officers who are chose

by the f more than one county shall be canvassed by the county canard of each county as to the vote within their respective counties. 1 shall immediately certify the number of votes received by each for such office within such county to the State canvassing board blished which shall canvass and declare the result of the election,

In the event that New Mexico is admitted into the Union as a to the Tuesday next after the first Monday in November in the een hundred and twelve, and if no provision has been made by the lature therefor, an election shall be held in the State on the said ext after the first Monday in November, nineteen hundred and twelve, ection of presidential electors; and such election shall be held as vided for the election upon the ratification of this constitution. eturns thereof made to and canvassed and certified by the State board as herein provided in case of the election of State officers.

No officer of the State who receives a salary, shall accept or his own use any compensation, fees, allowance, or emoluments for

the legislature by a three-fourths vote of the members elected to each ter the expiration of said period of said twenty-five years by a two-thirds members elected to each house, shall deem it necessary to call a convention amend this constitution, they shall submit the question of calling such to the electors at the next general election, and if a majority of all the ing at said election in the State and in at least one-half of the counties I vote in favor of calling a convention, the legislature shall at the next ide by law for calling the same. Such convention shall consist of at least legates as there are members of the house of representatives. stitution adopted by such convention shall have no validity until it has fed to and ratified by the people.

If this constitution be in any way so amended as to allow laws to be lirect vote of the electors, the laws which may be so enacted shall be only ht be enacted by the legislature under the provisions of this constitution. When the United States shall consent thereto, the legislature, by a maof the members in each house, may submit to the people the question of ny provision of article 21 of this constitution on compact with the United extent allowed by the act of Congress permitting the same, and if a maqualified electors who vote upon any such amendment shall vote in favor said article shall be thereby amended accordingly.

The provisions of section one of this article shall not be changed, altered, in any manner except through a general convention called to revise this as herein provided.

or on account of his office, in any form whatever, except the salary provided by law.

SEC. 10. The legislature shall enact suitable laws for the regulation of the employment of children.

SEC. 11. Women may hold the office of notary public and such other appointive offices as may be provided by law.

SEC. 12. For the first twenty years after this constitution goes into effect all laws passed by the legislature shall be published in both the English and Spanish languages and thereafter such publication shall be made as the legislature may provide.

SEC. 13. The use of wines solely for sacramental purposes under church authority at any place within the State shall never be prohibited.

SEC. 14. It shall not be lawful for the governor, any member of the State board of equalization, any member of the corporation commission, any judge of the supreme or district court, any district attorney, any county commissioner or any county assessor, during his term of office to accept, hold, or use any "free" pass; or purchase, receive, or accept transportation over any railroad within this State for himself or his family upon terms not open! to the general public; and any person violating the provisions hereof shall. upon conviction in a court of a competent jurisdiction, be punished as provided in sections thirty-seven and forty of the article on legislative department in this constitution.

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SEC. 15. The penitentiary is a reformatory and an industrial school, and all persons confined therein shall, so far as consistent with discipline and the public interest, be employed in some beneficial industry; and where a convict has a dependent family, his net earnings shall be paid to said family if necessary for their support.

SEC. 16. Ever person, receiver, or corporation owning or operating a rafroad within this State shall be liable in damages for injury to, or the death of, any person in its employ, resulting from the negligence, in whole or in part, of said' owner or operator, or of any of the officers, agents or employees thereof, or by reason of any defect or insufficiency, due to its negligence, in whole or in part, in its cars, engines, appliances, machinery, track, road-bei works, or other equipment.

An action for negligently causing the death of an employee as above provided shall be maintained by the executor or administrator for the benefi of the employee's surviving widow or husband and children; or if none, then his parents; or if none, then the next of kin dependent upon said deceasel The amount recovered may be distributed as provided by law. Any contra: or agreement made in advance of such injury with any employee waiving ( limiting any right to recover such damages shall be void.

This provision shall not be construed to affect the provisions of section two of article twenty-two of this constitution, being the article upon schedule.

SEC. 17. There shall be a uniform system of textbooks for the publ schools which shall not be changed more than once in six years.

SEC. 18. The leasing of convict labor by the State is hereby prohibited SEC. 19. Eight hours shall constitute a day's work in all cases of enployment by and on behalf of the State or any county or municipality therect SEC. 20. Any person held by a committing magistrate to await the acti of the grand jury on a charge of felony or other infamous crime, may in ope court with the consent of the court and the district attorney to be entered upon the record, waive indictment and plead to an information in the for of an indictment filed by the district attorney, and further proceedings shal then be had upon said information with like force and effect as though t were an indictment duly returned by the grand jury.

ARTICLE XXI.

COMPACT WITH THE UNITED STATES.

In compliance with the requirements of the act of Congress entitled “A: act to enable the people of New Mexico to form a constitution and State go

ernment and be admitted into the Union on an equal footing with the original States; and to enable the people of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States," approved June twentieth, nineteen hundred and ten, it is hereby provided:

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SECTION 1. Perfect toleration of religious sentiment shall be secured, and no inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship. Polygamous or plural marriages, polygamous cohabitation, and the sale, barter, or giving of intoxicating liquors to Indians, the introduction of such liquors into the Indian country, which term shall also include all lands owned or occupied by the Pueblo Indians of New Mexico on the twentieth day of June, nineteen hundred and ten, or which are occupied by them at the time of the admission of New Mexico as a State, are forever prohibited.

SEC. 2. The people inhabiting this State do agree and declare that they forever disclaim all right and title to the unappropriated and ungranted public lands lying within the boundaries thereof, and to all lands lying within said boundaries owned or held by any Indian or Indian tribes, the right or title to which shall have been acquired through the United States, or any prior sovereignty; and that until the title of such Indian or Indian tribes shall have been extinguished, the same shall be and remain subject to the disposition and under the absolute jurisdiction and control of the Congress of the United States; that the lands and other property belonging to citizens of the United States residing without this State shall never be taxed at a higher rate than the lands and other property belonging to residents thereof; that no taxes shall be imposed by this State upon lands or property therein belonging to or which may hereafter be acquired by the United States or reserved for its use; but nothing herein shall preclude this State from taxing as other lands and property are taxed any lands and other property outside of an Indian reservation, owned or held by any Indian, save and except such land as have been granted or acquired as aforesaid, or as may be granted or confirmed to any Indians or Indians under any act of Congress; but all such lands shall be exempt from taxation by this State so long and to such extent as the Congress of the United States has prescribed or may hereafter prescribe.

SEC. 3. The debts and liabilities of the Territory of New Mexico, and the debts of the counties thereof, which were valid and subsisting on the twentieth day of June, nineteen hundred and ten, are hereby assumed and shall be paid by this State; and this State, shall, as to all such debts and liabilities, be subrogated to all the rights, including rights of indemnity and reimbursement, existing in favor of said Territory or of any of the several counties thereof on said date. Nothing in this article shall be construed as validating or in any manner legalizing any Territorial, county, municipal, or other bonds, warrants, óbligations, or evidences of indebtedness of, or claims against, said Territory or any of the counties or municipalities thereof, which now are or may be at the time this State is admitted, invalid and illegal; nor shall the legislature of this State pass any law in any manner validating or legalizing the same.

SEC. 4. Provision shall be made for the establishment and maintenance of a system of public schools which shall be open to all the children of the State and free from sectarian control, and said schools shall always be conducted in English.

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SEC. 5. This state shall never enact any law restricting or abridging the right of suffrage on account of race, color or previous condition of servitude. SEC. 6. The capital of this State shall, until changed by the electors

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Amendment proposed by the legislature of 1912 and ratified at the election of November 5, 1912, The text of the original section is as follows:

Section 5. This State shall never enact any law restricting or abridging the right of suffrage on account of race, color, or previous condition of servitude; and in compliance with the requirements of the said act of Congress it is hereby provided that ability to read, write, speak, and understand the English language sufficiently well to conduct the duties of the office without the aid of an interpreter, shall be necessary qualification for all State officers and members of the State legislature. f

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