Изображения страниц

voting at an election provided for by the legislature of this State for that purpose, be at the city of Santa Fe, but no such election shall be called or provided for prior to the thirty-first day of December, nineteen hundred and twenty-five.

SEC. 7. There are hereby reserved to the United States, with full acquiescence of the people of this State, all rights and powers for the carrying out of the provisions by the United States of the act of Congress entitled. "An act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June seventeenth, nineteen hundred and two, and acts amendatory thereof or supplementary thereto, to the same extent as if this State had remained a Territory.

SEC. 8. Whenever hereafter any of the lands contained within Indian reservations or allotments in this State shall be allotted, sold, reserved, or otherwise disposed of, they shall be subject for a period of twenty-five years after such allotment, sale, reservation, or other disposal, to all the laws of the United States prohibiting the introduction of liquor into the Indian country; and the term "Indian" and "Indian country" shall include the Pueblo Indians of New Mexico and the lands owned and occupied by them 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.

[ocr errors]

SEC. 9. This State and its people consent to all and singularly the provisions of the said act of Congress approved June twentieth, nineteen hundred and ten, concerning the lands by said act granted or confirmed to this State, the terms and conditions upon which said grants and confirmations were made, and the means and manner of enforcing such terms and conditions, all in every respect and particular as in said act provided.

SEC. 10. This ordinance is irrevocable without the consent of the United States and the people of this State, and no change or abrogation of this ordinance, in whole or in part, shall be made by any constitutional amendment without the consent of Congress.



That no inconvenience may arise by reason of the change from a Territorial to a State form of government, it is declared and ordained:

SECTION 1. This constitution shall take effect and be in full force imme diately upon the admission of New Mexico into the Union as a State.

SEC. 2. Until otherwise provided by law, the act of Congress of the United States, entitled. "An act relating to liability of common carriers, by railroads to their employees in certain cases," approved April 22, 1908, and all acts amendatory thereof, shall be and remain in force in this State to the same extent that they have been in force in the Territory of New Mexico. SEC. 3. Until otherwise provided by law, the act of Congress entitled. "An act for the protection of the lives of miners," approved March 3, 1891. and all acts amendatory thereof, shall be and remain in force in this State to the same extent that they have been in force in the Territory of New Mexico; the words "governor of the State" are hereby substituted for the words "governor of such organized Territory," and the words "secretary of the interior" wherever the same appear in said acts; and the chief mine in spector for the Territory of New Mexico, appointed by the President of the United States, is hereby authorized to perform the duties prescribed by said acts until superseded by the "inspector of mines" appointed by the governor. as elsewhere provided by the constitution, and he shall receive the same com pensation from the State as he received from the United States.

SEC. 4. All laws of the Territory of New Mexico in force at the time of its admission into the Union as a State, not inconsistent with this Coustitution, shall be and remain in force as the laws of the State until they expire by their own limitation or are altered or repealed; and all rights, aetions, claims, contracts, liabilities, and obligations shall continue and remain unaffected by the change in the form of government.

SEC. 5. The pardoning power herein granted shall extend to all persons have been convicted of offenses against the laws of the Territory of ! Mexico.

SEC. 6. All property, real and personal, and all moneys, credits, claims, choses in action belonging to the Territory of New Mexico, shall become property of this State; and all debts, taxes, fines, penalties, escheats, and itures which have accrued or may accrue to said Territory shall inure is State.

SEC. 7. All recognizances, bonds, obligations, and undertakings entered or executed to the Territory of New Mexico, or to any county, school let, municipality, officer, or official board therein, shall remain valid accordo the terms thereof, and may be sued upon and recovered by the proper rity under the State law.

EC. 8. All lawful process, writs, judgments, decrees, convictions, and aces issued, rendered, had, or pronounced, orce at the me of the ssion of the State, shall continue and remain in force to the same extent the change of government had not occurred, and shall be enforced and ted under the laws of the State.

[ocr errors]

EC. 9. All courts existing, and all persons holding offices or appointments authority of said Territory, at the time of the admission of the State, continue to hold and exercise their respective jurisdictions, functions, , and appointments until superseded by the courts, officers, or authorities proby this constitution.

ntil otherwise provided by law, the seal of the Territory shall be used seal of the State, and the seals of the several courts, officers, and boards in the Territory shall be used as the seals of the corresponding , officers and official boards in the State; and for any new court, office, or created by this constitution a seal may be adopted by the judge of ourt, or the incumbent of said office, or by the said board. x. 10. All suits, indictments, criminal actions, bonds, process, matters, oceedings pending in any of the courts in the Territory of New Mexico time of the organization of the courts provided for in this constitution De transferred to and proceed to determination in such courts of like or onding jurisdiction. And all civil causes of action and criminal offenses shall have been commenced, or indictment found, shall be subject to prosecution, indictment, and review in the proper courts of the State ‣ manner and to the same extent as if the State had been created and ourts established prior to the accrual of such causes of action and the ssion of such offenses.

c. 11. This constitution shall be signed by the president and secreof the constitutional convention and such delegates as desire to sign me, and shall be deposited in the office of the secretary of the Territory, it may be signed at any time by any delegate.

c. 12.

All lawful debts and obligations of the several counties of the ory of New Mexico not assumed by the State, and of the school districts, ipalities, irrigation districts, and improvement districts therein, existing time of its admission as a State, shall remain valid and unaffected by ange of government until paid or refunded according to law; and all es, municipalities, and districts in said Territory shall continue with the names, boundaries, and rights until changed in accordance with the tution and laws of the State.

EC. 13. This constitution shall be submitted to the people of New o for ratification at an election to be held on the 21st day of January, at which election the qualified voters of New Mexico shall vote directly r against the same, and the governor of the Territory of New Mexico forthwith issue his proclamation ordering said election to be held on day.

xcept as to the manner of making returns of said election and canvassnd certifying the result thereof, said election shall be held and conducted e manner prescribed by the laws of New Mexico now in force.

[ocr errors]

SEC. 14. The ballots cast at said election in favor of the ratification of "this constitution shall have printed or written thereon in both English and Spanish the words "For the constitution," and those against the ratificatio of the constitution shall have written or printed thereon in both English an Spanish the words "Against the constitution," and shall be counted and returne accordingly.

SEC. 15. The returns of said election shall be made by the election offe direct to the secretary of the Territory of New Mexico at Santa Fe, w with the governor and the chief justice of said Territory, shall constitute canvassing board, and they, or any two of them, shall meet at said city Santa Fe on the third Monday after said election and shall canvass the sam Said canvassing board shall make and file with the secretary of the Terring of New Mexico a certificate signed by at least two of them, setting forth number of votes cast at said election for or against the constitution, resp tively.

SEC. 16. If a majority of the legal votets cast at said election, as certif to by said canvassing board, shall be for the constitution, it shall be deem to be duly ratified by the people of New Mexico, and the secretary of Territory of New Mexico shall forthwith cause to be submitted to the Pr dent of the United States and to Congress, for approval, a certified copy of constitution, together with the statement of the votes cast thereon.

1 SEC. 17. If Congress and the President approve this constitution, the President approves the same and Congress fails to disapprove the during the next regular session thereof, the governor of New Mexico within thirty days after receipt of notification from the President cert said facts, issue his proclamation for an election at which officers for State government including a governor, county officers, members of the "Legislature, two Representatives in Congress to be elected at large from State, and such other officers as this constitution prescribes, shall be by the people; said election to take place not earlier than sixty days nor than ninety days after the date of said proclamation by the governor ing the same."


SEC. 18. Said last-mentioned election' shall be held, the returns the madé, canvassed, and certified to by the secretary of said Territory, in same manner, and under the same laws, including those as to qualifica of electors, shall be applicable thereto, as hereinbefore prescribed for hol making of the returns, canvassing, and certifying the same, of the election the ratification or rejection of this constitution.

When said election of State and county officers, members of the le ture. Representatives in Congress, and other officers provided for in the stitution, shall be held and the returns thereof made, canvassed, and c as hereinbefore provided, the governor of the Territory of New Mexico immediately certify the result of said election, as canvassed and certifie hereinbefore provided, to the President of the United States.

[ocr errors]

SEC. 19. Within thirty days after the issuance by the President United States of his proclamation announcing the result of said electi ascertained, all officers elected at such election, except members of the lature, shall take the oath of office and give bond as required by this tution or by the laws of the Territory of New Mexico in case of like in the Territory, county, or district, and shall thereupon enter upon the of their respective offices; but the legislature: may by law require such to give other or additional bonds as a condition of their continuance la -~、 SEC. '20. The governor of the State, immediately upon his qualifyingi entering upon the duties of his office, shall issue his proclamation con the legislature at the seat of government on a day to be specified thereta. Jess than thirty nor more than sixty days after the date of said prociazať The members-elect of the legislature shall meet on the day specifi=! the oath required by this constitution and within ten days after organiza 1 shall proceed to the election of two Senators of the United States for the √ of New Mexico, in the manner prescribed by the constitution' and laws

United States; and the governor and secretary of the State of New Mexico shall certify the election of the Senators and Representatives in Congress in the manner required by law.

SEC. 21. The legislature shall pass all necessary laws to carry into effect the provisions of this constitution.

SEC. 22. The term of office of all officers elected at the election aforesaid shall commence on the date of their qualification and shall expire at the same time as if they had been elected on the Tuesday next after the first Monday of November in the year nineteen hundred and twelve.

Done in open convention at the city of Santa Fe, in the Territory of New Mexico, this twenty-first day of November, in the year of our Lord, one thousand nine hundred and ten.


(Signed) CHARLES A. SPIESS, President of the Constitutional Convention. (Signed) GEO. W. ARMIJO,


[ocr errors][ocr errors]


We, the People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, do establish this Constitution.


SECTION 1. No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.

SEC. 2. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.

SEC. 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

SEC. 4. The privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require its suspension.

SEC. 5. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained.

SEC. 6. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment of indictment of a grand jury, and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or prop erty without due process of law; nor shall private property be taken for public use without just compensation.

SEC. 7. When private property shall be taken for any public use. the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by the Supreme Court with or without a jury, but not with a referee, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid b the person to be benefited. General laws may be passed permitting 11 owners or occupants of agricultural lands to construct and maintain for the drainage thereof, necessary drains, ditches and dykes upon the lands of others. under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes.

The constitution of New York was drafted by a convention which assembled at Albany on May 8, and adjourned on Sept. 29, 1894. The following questions were submitted to the people at the election of Nov. 6, 1894: Legislative apportionment, which was adopted by a vote of 404.335 to 350,625; canal improvement, which was adopted by a vote of 442,998 to 327,645; and the constitution as a whole, which was adopted by a vote of 410,697 to 327,402. With certain exceptions, the constitution became effective on January 1, 1895.

« ПредыдущаяПродолжить »