Doug Campbell worked on Colorado

I worked on it in June, and again on 9/29/03

I think it is ready to go.




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          CONSTITUTION OF COLORADO-1876 

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                  PREAMBLE

We, the people of Colorado, with profound reverence for the Supreme Ruler of the Universe,
in order to form a more independent and perfect government, establish justice, insure tranquillity,
provide for the common defence, promote the general welfare, and secure the blessings of liberty
to ourselves and our posterity, do ordain and establish this constitution for the State of Colorado.

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ARTICLE I

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BOUNDARIES

The boundaries of the State of Colorado shall be as follows: Commencing on the thirty-seventh
parallel of north latitude, where the twenty-fifth meridian of longitude west from Washington
crosses the same; thence north on said meridian to the forty-first parallel of north latitude; thence
along said parallel west to the thirty-second meridian of longitude west from Washington; then
south on said meridian to the thirty-seventh parallel of north latitude; thence along said thirty-
seventh parallel of north latitude to the place of beginning.

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ARTICLE II

BILL OF RIGHTS

In order to assert our rights, acknowledge our duties, and proclaim the principles upon which our
government is founded, we declare 



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SECTION 1. That all political power is vested in and derived from the people; that all
government, of right, originates from the people, is founded upon their will only, and is instituted
solely for the good of the whole.

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SEC. 2. That the people of this State have the sole and exclusive right of governing themselves,
as a free, sovereign, and independent State, and to alter and abolish their constitution and form of
government whenever they may deem it necessary to their safety and happiness, provided such
change be not repugnant to the Constitution of the United States.

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SEC. 3. That all persons have certain natural, essential, and inalienable rights, among which may
be reckoned the right of enjoying and defending their lives and liberties; that of acquiring,
possessing, and protecting property, and of seeking and obtaining their safety and happiness.

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SEC. 4. That the free exercise and enjoyment of religious profession and worship, without
discrimination, shall forever hereafter be guaranteed; and no person shall be denied any civil or
political right, privilege, or capacity on account of his opinions concerning religion; but the
liberty of conscience hereby secured shall not be construed to dispense with oaths or
affirmations, excuse acts of licentiousness, or justify practices inconsistent with the good order,
peace, or safety of the State. No person shall be required to attend or support any ministry or
place of worship, religious sect or denomination against his consent; nor shall any preference be
given by law to any religious denomination or mode of worship.

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SEC. 5. That all elections shall be free and open; and no power, civil or military, shall at any time
interfere to prevent the free exercise of the right of suffrage.

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SEC. 6. That courts of justice shall be open to every person, and a speedy remedy afforded for
every injury to person, property, or character; and that right and justice should be administered
without sale, denial, or delay.

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SEC. 7. That the people shall be secure in their persons, papers, homes, and effects from
unreasonable searches and seizures; and no warrant to search any place or seize any person or
thing shall issue without describing the place to be searched, or the person or thing to be seized,
as near as may be, nor without probable cause, supported by oath or affirmation, reduced to
writing.

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SEC. 8. That, until otherwise provided by law, no person shall, for a felony, be proceeded against
criminally, otherwise than by indictment, except in cases arising in the land or naval forces, or in
the militia when in actual service in time of war or public danger. In all other cases offences shall
be prosecuted criminally by indictment or information.

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SEC. 9. That treason against the State can consist only in levying war against it, or in adhering to
its enemies, them aid and comfort; that no person can be convicted of treason unless on the testi-

mony of two witnesses to the same overt act, or on his confession in open court; that no person
can be attainted of treason or felony by the general assembly; that no conviction can work
corruption of blood or forfeiture of estate; that the estates of such persons as may destroy their
own lives shall descend or vest as in cases of natural death.

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SEC. 10. That no law shall be passed impairing the freedom of speech; that every person shall be
free to speak, write, or publish whatever he will on any subject, being responsible for all abuse of
that liberty; and that in all suits and prosecutions for libel, the truth thereof may be given in
evidence, and the jury, under the direction of the court, shall determine the law and the fact.

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SEC. 11. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective
in its operation, or making any irrevocable grant of special privileges, franchises, or immunities,
shall be passed by the general assembly.
 
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SEC. 12. That no person shall be imprisoned for debt, unless upon refusal to deliver up his estate
for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases of tort or
where there is strong presumption of fraud.

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SEC. 13. That the right of no person to keep and bear arms in defence of his home, person, and
property, or in aid of the civil power when thereto legally summoned, shall be called in question;
but nothing herein contained shall be construed to justify the practice of carrying concealed
weapons.

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SEC. 14. That private property shall not be taken for private use unless by consent of the owner,
except for private ways of necessity, and except for reservoirs, drains, flumes, or ditches on or
across the lands of others, for agricultural, mining, milling, domestic, or sanitary purposes.

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SEC. 15. That private property shall not be taken or damaged, for public or private use, without
just compensation. Such compensation shall be ascertained by a board of commissioners, of not
less than three freeholders, or by a jury, when required by the owner of the property, in such
manner as may be prescribed by law, and until the same shall be paid to the owner, or into court
for the owner, the property shall not be needlessly disturbed, or the proprietary rights of the
owner therein divested; and whenever an attempt is made to take private property for a use
alleged to be public, the question whether the contemplated use be really public shall be a
judicial question, and determined as such without regard to any legislative assertion that the use
is public.

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SEC. 16. That in criminal prosecutions the accused shall have the right to appear and defend in
person and by counsel; to demand the nature and cause of the accusation; to meet the witnesses
against him face to face; to have process to compel the attendance of witnesses in his behalf, and
a speedy public trial by an impartial jury of the county or district in which the offence is alleged
to have been committed.

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SEC. 17. That no person shall be imprisoned for the purpose of securing his testimony in any
case longer than may be necessary in order to take his deposition. If he can give security he shall
be discharged; if he cannot give security, his deposition shall be taken by some judge of the
supreme, district, or county court, at the earliest time he can attend, at some convenient place by
him appointed for that purpose, of which time and place the accused and the attorney prosecuting
for the people shall have reasonable notice. The accused shall have the right to appear in person
and by counsel. If he have no counsel the judge shall assign him one in that behalf only. On the
completion of such examination the witness shall be discharged on his own recognizance,
entered in before said judge, but such deposition shall not be used if, in the opinion of the court,
the personal attendance of the witness might be procured by the prosecution, or is procured by
the accused. No exception shall be taken to such deposition as to matters of form.

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SEC. 18. That no person shall be compelled to testify against himself in a criminal case, nor shall
any person be twice put in jeopardy for the same offence. If the jury disagree, or if the judgment
be arrested after verdict, or if the judgment be reserved for error in law, the accused shall not be
deemed to have been in jeopardy.

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SEC. 19. That all persons shall be bailable by sufficient sureties, except for capital offences,
when the proof is evident or the presumption great.

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SEC. 20. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.

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SEC. 21. That the privilege of the writ of habeas corpus shall never be suspended, unless when,
in case of rebellion or invasion, the public safety may require it.

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SEC. 22. That the military shall always be in strict subordination to the civil power; that no
soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in
time of war except in the manner prescribed by law.

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SEC. 23. The right of trial by jury shall remain inviolate in criminal cases; but a jury in civil
cases in all courts, or in criminal cases in courts not of record, may consist of less than twelve
men, as may be prescribed by law. Hereafter a grand jury shall consist of twelve men, any nine of
whom concurring may find an indictment: Provided, The general assembly may change, regulate,
or abolish the grand-jury system. 

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SEC. 24. That the people have the right peaceably to assemble for the common good, and to
apply to those invested with the powers of government for redress of grievances, by petition or
remonstrance.

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SEC. 25. That no person shall be deprived of life, liberty, or property without due process of law.

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SEC. 26. That there shall never be in this State either slavery or involuntary servitude, except as a
punishment for crime, whereof the party shall have been duly convicted. 

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SEC. 27. Aliens, who are or who may hereafter become bona-fide residents of this State, may
acquire, inherit, possess, enjoy, and dispose of property, real and personal, as native-born
citizens.

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SEC. 28. The enumeration in this constitution of certain rights shall not be construed to deny,
impair, or disparage others retained by the people.

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ARTICLE III


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DISTRIBUTION OF POWERS

The powers of the government of this State are divided into three distinct departments, the
legislative, executive, and judicial, and no person, or collection of persons, charged with the
exercise of powers properly belonging to one of these departments shall exercise any power
properly belonging to either of the others, except as in this constitution expressly directed or
permitted.


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ARTICLE IV

EXECUTIVE DEPARTMENT


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SECTION 1. The executive department shall consist of a governor, lieutenant-governor,
secretary of state, auditor of state, State treasurer, attorney-general, and superintendent of public
instruction, each of whom shall hold his office for the term of two years, beginning on the second
Tuesday of January next after his election: Provided, That the terms of office of those chosen at
the first election held under this constitution shall begin on the day appointed for the first meet-

ing of the general assembly. The officers of the executive department, excepting the lieutenant-
governor, shall, during their term of offices, reside at the seat of government, where they shall
keep the public records, books, and papers. They shall perform such duties as are prescribed by
this constitution or by law.

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SEC. 2. The supreme executive power of the State shall be vested in the governor, who shall take
care that the laws be faithfully executed.

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SEC. 3. The officers named in section one of this article shall be chosen on the day of the general
election by the qualified electors of the State. The returns of every election for said officers shall
be sealed up and transmitted to the secretary of state, directed to the speaker of the house of
representatives, who shall immediately, upon the organization of the house, and before
proceeding to other business, open and publish the same in the presence of a majority of the
members of both houses of the general assembly, who shall for that purpose assemble in the
house of representatives. The person having the highest number of votes for either of said offices
shall be declared duly elected, but if two or more have an equal and the highest number of votes
for the same office, one of them shall be chosen thereto by the two houses, on joint ballot.
Contested elections for the said offices shall be determined by the two houses, on joint ballot, in
such manner as may be prescribed by law.

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SEC. 4. No person shall be eligible to the office of governor, lieutenant-governor, or
superintendent of public instruction, unless he should have attained the age of thirty years, nor to
the office of auditor of state, secretary of state, or State treasurer, unless he shall have attained the
age of twenty-five years, nor to the office of attorney-general unless he shall have attained the
age of twenty-five years, and be a licensed attorney of the supreme court of the State, or of the
Territory of Colorado, in good standing. At the first election under this constitution, any person
being a qualified elector at the time of the adoption of this constitution, and having the
qualifications above herein prescribed for any one of said officers, shall be eligible thereto; but
thereafter no person shall be eligible to any one of said offices, unless, in addition to the
qualifications above prescribed therefor, he shall be a citizen of the United States, and have
resided within the limits of the State two years next preceding his election.

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SEC. 5. The governor shall be commander-in-chief of the military forces of the State, except
when they shall be called into actual service of the United States. He shall have power to call out
the militia to execute the laws, suppress insurrection, or repel invasion.

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SEC. 6. The governor shall nominate, and by and with the consent of the senate appoint, all
officers whose offices are established by this constitution, or which may be created by law, and
whose appointment or election is not otherwise provided for, and may remove any such officer
for incompetency, neglect of duty, or malfeasance in office. If during the recess of the senate a
vacancy occur in any such office, the governor shall appoint some fit person to discharge the
duties thereof until the next meeting of the senate, when he shall nominate some person to fill
such office. If the office of auditor of state, State treasurer, secretary of state, attorney-general, or
superintendent of public instruction shall be vacated by death, resignation, or otherwise, it shall
be the duty of the governor to fill the same by appointment, and the appointee shall hold his
office until his successor shall be elected and qualified in such manner as may be provided by
law. The senate in deliberating upon executive nominations may sit with closed doors, but in
acting upon nominations they shall sit with open doors, and the vote shall be taken by ayes and
noes, which shall be entered upon the journal.

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SEC. 7. The governor shall have power to grant reprieves, commutations, and pardons after
conviction, for all offences except treason, and except in case of impeachment, subject to such
regulations as may be prescribed by law relative to the manner of applying for pardons, but he
shall in every case, where he may exercise this power, send to the general assembly, at its first
session thereafter, a transcript of the petition, all proceedings, and the reasons for his action.

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SEC. 8. The governor may require information in writing from the officers of the executive
department upon any subject relating to the duties of their respective offices, which information
shall be given upon oath whenever so required; he may also require information in writing at any
time, under oath, from all officers and managers of State institutions upon any subject relating to
the condition, management, and expenses of their respective offices and institutions. The
governor shall, at the commencement of each session, and from time to time, by message, give to
the general assembly information of the condition of the State, and shall recommend such
measures as he shall deem expedient. He shall also send to the general assembly a statement,
with vouchers, of the expenditures of all moneys belonging to the State and paid out by him. He
shall also, at the commencement of each session, present estimates of the amount of money re-

quired to be raised by taxation for all purposes of the State.

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SEC. 9. The governor may, on extraordinary occasions, convene the general assembly, by
proclamation, stating therein the purpose for which it is assembled; but at such special session no
business shall be transacted other than that specially named in the proclamation. He may, by
proclamation, convene the Senate in extraordinary session for the transaction of executive
business.

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SEC. 10. The governor, in case of a disagreement between the two houses as to the time of
adjournment, may, upon the same being certified to him by the house last moving adjournment,
adjourn the general assembly to a day not later than the first day of the next regular session.


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SEC. 11. Every bill passed by the general assembly shall, before 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 approve, he shall return it, with his objections, to the house in which it originated, which
house shall enter the objections at large upon its journal and proceed to reconsider the bill. If then
two-thirds of the members elected agree to pass the same, it shall be sent, together with the
objections, to the other house, by which it shall likewise be reconsidered, and if approved by
two-thirds of the members elected to that house, it shall become a law notwithstanding the
objections of the governor. In all such cases the vote of each house shall be determined by ayes
and noes, to be entered upon the journal. If any bill shall not be returned by the governor within
ten days after it shall have been presented to him, the same shall be a law in like manner as if he
had signed it, unless the general assembly shall, by their adjournment, prevent its return, in which
case it shall be filed, with his objections, in the office of the secretary of state within thirty days
after such adjournment, or else become a law.

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SEC. 12. The governor shall have power to disapprove of any item or items of any bill making
appropriations of money, embracing distinct items, and part or parts of the bill approved shall be
law, and the item or items disapproved shall be void, unless enacted in manner following: If the
general assembly be in session, he shall transmit to the house in which the bill originated a copy
of the item or items thereof disapproved, together with his objections thereto and the items
objected to shall be separately reconsidered, and each item shall then take the same course as is
prescribed for the passage of bills over the executive veto.


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LIEUTENANT-GOVERNOR

SEC.13. In case of the death, impeachment, or conviction of felony or infamous misdemeanor,
failure to qualify, resignation, absence from the State, or other disability of the governor, the
powers, duties, and emoluments of the office, for the residue of the term, or until the disability be
removed, shall devolve upon the lieutenant-governor.

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SEC. 14. The lieutenant-governor shall be president of the senate, and shall vote only when the
senate is equally divided. In case of the absence, impeachment, or disqualification from any
cause of the lieutenant-governor, or when he shall hold the office of governor, then the president
pro tempore of the senate shall perform the duties of the lieutenant-governor until the vacancy is
filled or the disability removed.

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SEC. 15. In case of the failure to quality in his office, death, resignation, absence from the State,
impeachment, conviction of felony, or infamous misdemeanor, or disqualification from any
cause, of both the governor and lieutenant-governor, the duties of the governor shall devolve on
the president of the senate pro tempore, until such disqualification of either the governor or
lieutenant-governor be removed, or the vacancy be filled; and if the president of the senate, for
any of the above-named causes, shall become incapable of performing the duties of governor, the
same shall devolve upon the speaker of the house.

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SEC. 16. An account shall be kept by the officers of the executive department and of all public
institutions of the State of all moneys received by them severally from all sources, and for every
service performed, and of all moneys disbursed by them severally, and a semi-annual report
thereof shall be made to the governor, under oath.

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SEC. 17. The officers of the executive department, and of all public institutions of the State,
shall, at least twenty days preceding each regular session of the general assembly, make full and
complete report of their actions to the governor, who shall transmit the same to the general
assembly.

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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 the State of Colorado." The seal of the Territory of Colorado, as now
used, shall be the seal of the State until otherwise provided by law.

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SEC. 19. The officers named in section one of this article shall receive for their services a salary
to be established by law, which shall not be increased or diminished during their official terms. It
shall be the duty of all such officers to collect in advance all fees prescribed by law for services
rendered by them severally, and pay the same into the State treasury.


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SEC. 20 . The superintendent of public instruction shall be ex officio State librarian.

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SEC. 21. Neither the State treasurer nor State auditor shall be eligible for re-election as his own
immediate successor.

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ARTICLE V

LEGISLATIVE DEPARTMENT

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SECTION 1. The legislative power shall be vested in the general assembly, which shall consist
of a senate and a house of representatives, both to be elected by the people.

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SEC. 2. An election for members of the general assembly shall be held on the first Tuesday in
October, in the years of our Lord 1876 and 1878, and in each alternate year thereafter, on such
day, at such places in each county as now are, or hereafter may be, provided by law. The first
election for members of the general assembly under the State organization shall be conducted in
the manner prescribed by the laws of Colorado Territory regulating elections for members of the
legislative assembly thereof. When vacancies occur in either house the governor, or person
exercising the powers of governor, shall issue writs of election to fill such vacancies.

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SEC. 3. Senators shall be elected for the term of four years, except. as hereinafter provided, and
representatives for the term of two years.

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SEC. 4. No person shall be a representative or senator who shall not have attained the age of
twenty-five years, who shall not be a citizen of the United States, who shall not for at least twelve
months next preceding his election have resided within the Territory included in the limits of the
county or district in which he shall be chosen: Provided, That any person who at the time of the
adoption of this constitution was a qualified elector under the territorial laws, shall be eligible to
the first general assembly.

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SEC. 5. The senators, at their first session, shall be divided into two classes. Those elected in
districts designated by even numbers shall constitute one class; those elected in districts
designated by odd numbers shall constitute the other class, except that senators elected in each of
the districts having more than one senator shall be equally divided between the two classes. The
senators of one class shall hold for two years; those of the other class shall hold for four years; to
be decided by lot between the two classes, so that one-half of the senators, as near as practicable,
may be biennially chosen forever thereafter.

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SEC. 6. Each member of the first general assembly, as a compensation for his services, shall
receive four dollars for each day's attendance, and fifteen cents for each mile necessarily travelled
in going to and returning from the seat of government; and shall receive no other compensation,
perquisite, or allowance whatsoever. No session of the general assembly, after the first, shall
exceed forty days. After the first session the compensation of the members of the general
assembly shall be as provided by law: Provided, That no general assembly shall fix its own
compensation.

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SEC. 7. The general assembly shall meet at 12 o'clock, noon, on the first Wednesday in
November, A. D. 1876; and at 12 o'clock, noon, on the first Wednesday in January, A. D. 1879,
and at 12 o'clock, noon, on the first Wednesday in January of each alternate year forever
thereafter, and at other times when convened by the governor. The term of service of the
members thereof shall begin on the first Wednesday of November next after their election, until
otherwise provided by law.

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SEC. 8. No senator or representative shall, during the time for which he shall have been elected,
be appointed to any civil office under this State; and no member of Congress, or other person
holding any office (except of attorney at law, notary public, or in the militia,) under the United
States, or this State, shall be a member of either house during his continuance in office.

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SEC. 9. No member of either house shall, during the term for which he may have been elected,
receive any increase of salary or mileage, under any law passed during such term.

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SEC. 10. The senate shall, at the beginning and close of each regular session, and at such other
times as may be necessary, elect one of its members president pro tempore. The house of
representatives shall elect one of its members as speaker. Each house shall choose its other
officers, and shall judge of the election and qualification of its members.

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SEC. 11. A majority of each bouse shall constitute a quorum, but a smaller number may adjourn
from day to day, and compel the attendance of absent members.

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SEC. 12. Each house shall have power to determine the rules of its proceedings, and punish its
members or other persons for contempt or disorderly behavior in its presence; to enforce
obedience to its process; to protect its members against violence, or offers of bribes, or private
solicitation, and, with the concurrence of two-thirds, to expel a member, but not a second time
for the same cause, and shall have all other powers necessary for the legislature of a free State. A
member, expelled for corruption, shall not thereafter be eligible to either house of the same
general assembly, and punishment for contempt or disorderly behavior shall not bar an
indictment for the same offence.

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SEC. 13. Each house shall keep a journal of its proceedings, and may in its discretion, from time
to time, publish the same, except such parts as require secrecy, and the ayes and noes on any
question shall, at the desire of any two members, be entered on the journal.

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SEC. 14. The sessions of each house, and of the committees of the whole, shall be open, unless
when the business is such as ought to be kept secret.

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SEC. 15. Neither house shall, without the consent of the other, adjourn for more than three days,
nor to any other place than that in which the two houses shall be sitting.

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*** SSTART 016.0 005.0 0 CO 1876 ***

SEC. 16. The members of the general assembly shall, in all cases except treason, felony,
violation of their oath of office, and breach or surety of the peace, be privileged from arrest
during their attendance at the sessions of their respective houses, and in going to and returning
from the same; and for any speech or debate in either house they shall not be questioned in any
other place.

*** SEND ***
*** SSTART 017.0 005.0 0 CO 1876 ***

SEC. 17. No law shall be passed except by bill, and no bill shall be so altered or amended on its
passage through either house as to change its original purpose.

*** SEND ***
*** SSTART 018.0 005.0 0 CO 1876 ***

SEC. 18. The style of the laws of this State shall be: "Be it enacted by the general assembly of
the State of Colorado."

*** SEND ***
*** SSTART 019.0 005.0 0 CO 1876 ***

SEC. 19. No act of the general assembly shall take effect until ninety days after its passage,
unless in case of emergency, (which shall be expressed in the preamble or body of the act,) the
general assembly shall, by a vote of two-thirds of all the members elected to each house,
otherwise direct. No bill except the general appropriation for the expenses of the government
only, introduced in either house of the general assembly after the first twenty-five days of the
session shall become a law. 

*** SEND ***
*** SSTART 020.0 005.0 0 CO 1876 ***

SEC. 20. No bill shall be considered or become a law unless referred to a committee, returned
therefrom, and printed for the use of the members.

*** SEND ***
*** SSTART 021.0 005.0 0 CO 1876 ***

SEC. 21. No bill, except general appropriation bills, shall be passed containing more than one
subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any
act which shall not be expressed in the title, such act shall be void only as to so much thereof as
shall not be so expressed.

*** SEND ***
*** SSTART 022.0 005.0 0 CO 1876 ***

SEC. 22. Every bill shall be read at length, on three different days, in each house; all substantial
amendments made thereto shall be printed for the use of the members, before the final vote is
taken on the bill; and no bill shall become a law except by vote of a majority of all the members
elected to each house, nor unless on its final passage the vote be taken by ayes and noes, and the
names of those voting be entered on the journal.

*** SEND ***
*** SSTART 023.0 005.0 0 CO 1876 ***

SEC. 23. No amendment to any bill by one house shall be concurred in by the other, nor shall the
report of any committee of conference be adopted in either house, except by a vote of a majority
of the members elected thereto, taken by ayes and noes, and the names of those voting recorded
upon the journal thereof.

*** SEND ***
*** SSTART 024.0 005.0 0 CO 1876 ***

SEC. 24. No law shall be revived, or amended, or the provisions thereof extended or conferred
by reference to its title only, but so much thereof as is revived, amended, extended, or conferred
shall be re-enacted and published at length.

*** SEND ***
*** SSTART 025.0 005.0 0 CO 1876 ***

SEC. 25. The general assembly shall not pass local or special laws in any of the following
enumerated cases, that is to say: For granting divorces; laying out, opening, altering, or working
roads or highways; vacating roads, town-plats, streets, alleys, and public grounds; locating or
changing county-seats; regulating county or township affairs; regulating the practice in courts of
justice; regulating the jurisdiction and duties of justices of the peace, police magistrates and
constables; changing the rules of evidence in any trial or inquiry; providing for changes of venue
in civil on criminal cases; declaring any person of age; for limitation of civil actions or giving
effect to informal or invalid deeds; summoning or impanelling grand or petit juries; providing for
the management of common school; regulating the rate of interest on money; the opening or
conducting of ant election, or designating the place of voting; the sale or mortgage of real estate
belonging to minors or others under disability; the protection of game or fish; chartering or
licensing ferries or toll-bridges; remitting fines, penalties, or forfeitures; creating, increasing, or
decreasing fees, percentage, or allowances of public officers; changing the law of descent;
granting to any corporation, association, or individual the right to lay down railroad-tracks;
granting to any corporation, association, or individual any special or exclusive privileges,
immunity, or franchise whatever. In all other cases, where a general law can be made applicable,
no special law shall be enacted.

*** SEND ***
*** SSTART 026.0 005.0 0 CO 1876 ***

SEC. 26. The presiding officer of each house shall, in the presence of the house over which he
presides, sign all bills and joint resolutions passed by the general assembly, after their titles shall
have been publicly read, immediately before signing; and the fact of signing shall be entered on
the journal.

*** SEND ***
*** SSTART 027.0 005.0 0 CO 1876 ***

SEC. 27. The general assembly shall prescribe by law the number, duties, and compensation of
the officers and employ‚s of each house; and no payment shall be made from the State treasury,
or be in any way authorized to any person, except to an acting officer or employ‚ elected or
appointed in pursuance of law.

*** SEND ***
*** SSTART 028.0 0.005 0 CO 1876 ***

SEC. 28. No bill shall be passed giving any extra compensation to any public officer, servant or
employ‚, agent or contractor, after services shall have been rendered or contract made, nor
providing for the payment of any claim made against the State without previous authority of law.

*** SEND ***
*** SSTART 029.0 005.0 0 CO 1876 ***

SEC. 29. All stationery, printing, paper, and fuel used in the legislative and other departments of
government, shall be furnished; and the printing and binding and distributing of the laws,
journals, department reports, and other printing and binding; and the repairing and furnishing the
halls and rooms used for the meeting of the general assembly and its committees, shall be
performed under contract, to be given to the lowest responsible bidder, below such maximum
price and under such regulations as may be prescribed by law. No member or officer of any
department of the government shall be in any way interested in any such contract; and all such
contracts shall be subject to the approval of the governor and State treasurer.

*** SEND ***
*** SSTART 030.0 005.0 0 CO 1876 ***


SEC. 30. Except as otherwise provided in this constitution, no law shall extend the term of any
public officer, or increase or diminish his salary or emoluments after his election or appointment:
Provided, This shall not be construed to forbid the general assembly to fix the salary or
emoluments of those first elected or appointed under this constitution.

*** SEND ***
*** SSTART 031.0 005.0 0 CO 1876 ***

SEC. 31. All bills for raising revenue shall originate in the house of representatives; but the
senate may propose amendments, as in case of other bills.

*** SEND ***
*** SSTART 032.0 005.0 0 CO 1876 ***

SEC. 32. The general appropriation bill shall embrace nothing but appropriations for the ordinary
expenses of the executive, legislative, and judicial departments of the State, interest on the public
debt, and for public schools. All other appropriations shall be made by separate bills, each
embracing but one subject.

*** SEND ***
*** SSTART 033.0 005.0 0 CO 1876 ***

SEC. 33. No money shall be paid out of the treasury except upon appropriations made by law,
and on warrant drawn by the proper officer in pursuance thereof.

*** SEND ***
*** SSTART 034.0 005.0 0 CO 1876 ***

SEC. 34. No appropriation shall be made for charitable, industrial, educational, or benevolent
purposes to any person, corporation, or community not under the absolute control of the State,
nor to any denominational or sectarian institution or association.\

*** SEND ***
*** SSTART 035.0 005.0 0 CO 1876 ***

SEC. 35. The general assembly shall not delegate to any special commission, private corporation,
or association any power to make, supervise, or interfere with any municipal improvement,
money, property, or effects, whether held in trust or otherwise, or to levy taxes, or to perform any
municipal function whatever.

*** SEND ***
*** SSTART 036.0 005.0 0 CO 1876 ***

SEC. 36. No act of the general assembly shall authorize the investment of trust-funds by
executors, administrators, guardians, or other trustees in the bonds or stock of any private
corporation.

*** SEND ***
*** SSTART 037.0 005.0 0 CO 1876 ***

SEC. 37. The power to change the venue in civil and criminal cases shall be vested in the courts,
to be exercised in such a manner as shall be provided by law.

*** SEND ***
*** SSTART 038.0 005.0 0 CO 1876 ***

SEC. 38. No obligation or liability of any person, association, or corporation, held or owned by
the State, or any municipal corporation therein, shall ever be exchanged, transferred, remitted,
released, or postponed, or in any way diminished by the general assembly, nor shall such liability
or obligation be extinguished except by payment thereof into the proper treasury.

*** SEND ***
*** SSTART 039.0 005.0 0 CO 1876 ***

SEC. 39. Every order, resolution, or vote to which the concurrence of both houses may be
necessary, except on the question of adjournment, or relating solely to the transaction of business
of the two houses, shall be presented to the governor, and before it shall take effect, be approved
by him, or being disapproved, shall be repassed by two-thirds of both houses, according to the
rules and limitations prescribed in case of a bill.

*** SEND ***
*** SSTART 040.0 005.0 0 CO 1876 ***

SEC. 40. If any person elected to either house of the general assembly shall offer or promise to
give his vote or influence in favor of or against any measure or proposition, pending or proposed
to be introduced into the general assembly, in consideration or upon condition that any other
person elected to the same general assembly will give or will promise or assent to give his vote or
influence in favor of or against any other measure or proposition, pending or proposed to be
introduced in such general assembly, the person making such offer or promise shall be deemed
guilty of solicitation and bribery. If any member of the general assembly shall give his vote or
influence for or against any measure or proposition pending in such general assembly, or offer,
promise, or assent so to do, upon condition that any other member will give or will promise or
assent to give his vote or influence in favor of or against any other measure or proposition
pending or proposed to be introduced in such general assembly, or in consideration that any other
member hath given his vote or influence for or against any other measure or proposition in such
general assembly, he shall be deemed guilty of bribery; and any member of the general assembly,
or person elected thereto, who shall be guilty of either of such offences shall be expelled, and
shall not be thereafter eligible to the same general assembly; and, on the conviction thereof in the
civil courts, shall be liable to such further penalty as may be prescribed by law.


*** SEND ***
*** SSTART 041.0 005.0 0 CO 1876 ***

SEC. 41. Any person who shall, directly or indirectly, offer, give, or promise any money or thing
of value, testimonial, privilege, or personal advantage to any executive or judicial officer or
member of the general assembly to influence him in the performance of any of his public or
official duties, shall be deemed guilty of bribery, and be punished in such manner as shall be
provided by law.

*** SEND ***
*** SSTART 042.0 005.0 0 CO 1876 ***

SEC. 42. The offence of corrupt solicitation of members of the general assembly, or of public
officers of the State, or of any municipal division thereof, and any occupation or practice of
solicitation of such members or officers to influence their official action, shall be defined by law,
and shall be punished by fine and imprisonment.

*** SEND ***
*** SSTART 043.0 005.0 0 CO 1876 ***

SEC. 43. A member who has a personal or private interest in any measure or bill proposed or
pending before the general assembly, shall disclose the fact to the house of which he is a
member, and shall not vote thereon.

*** SEND ***
*** SSTART 044.0 005.0 0 CO 1876 ***

CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT

SEC. 44. One Representative in the Congress of the United States shall be elected from the State
at large at the first election under this constitution, and thereafter at such times and places and in
such manner as may be prescribed by law. When a new apportionment shall be made by
Congress, the general assembly shall divide the State into congressional districts accordingly.


*** SEND ***
*** SSTART 045.0 005.0 0 CO 1876 ***

SEC. 45. The general assembly shall provide by law for an enumeration of the inhabitants of the
State in the year of our Lord 1885, and every tenth year thereafter; and at the session next
following such enumeration, and also at the session next following an enumeration made by the
authority of the United States, shall revise and adjust the apportionment for senators and
representatives on the basis of such enumeration, according to ratios to be fixed by law.

*** SEND ***
*** SSTART 046.0 005.0 0 CO 1876 ***

SEC. 46. The senate shall consist of twenty-six, and the house of representatives of forty-nine
members, which number shall not be increased until the year of our Lord one thousand eight
hundred and ninety, after which time the general assembly may increase the number of senators
and representatives, preserving, as near as may be, the present proportion as to the number in
each house: Provided, That the aggregate number of senators and representatives shall never
exceed one hundred.

*** SEND ***
*** SSTART 047.0 005.0 0 CO 1876 ***

SEC. 47. Senatorial and representative districts may be altered from time to time, as public
convenience may require. When a senatorial or representative district shall be composed of two
or more counties, they shall be contiguous, and the district as compact as may be. No county
shall be divided in the formation of a senatorial or representative district.

*** SEND ***
*** SSTART 048.0 005.0 0 CO 1876 ***

SEC. 48. Until the State shall be divided into senatorial districts, in accordance with the
provisions of this article, said districts shall be constituted and numbered as follows:
The county of Weld shall constitute the first district, and be entitled to one senator.
The county of Larimer shall constitute the second district, and be entitled to one senator.
The county of Boulder shall constitute the third district, and be entitled to two senators.
The county of Gilpin shall constitute the fourth district, and be entitled to one senator.
The counties of Gilpin, Summit, and Grand shall constitute the fifth district, and be entitled to
one senator.
The county of Clear Creek shall constitute the sixth district, and be entitled to two senators.
The county of Jefferson shall constitute the seventh district, and be entitled to one senator.
The county of Arapahoe shall constitute the eighth district, and be entitled to four senators..
The counties of Elbert and Bent shall constitute the ninth district, and be entitled to one senator.
The county of El Paso shall constitute the tenth district, and be entitled to one senator.
The county of Douglas shall constitute the eleventh district, and be entitled to one senator.
The county of Park shall constitute the twelfth district, and be entitled to one senator.
The counties of Lake and Saguache shall constitute the thirteenth district, and be entitled to one
senator.
The county of Fremont shall constitute the fourteenth district, and be entitled to one senator.
The county of Pueblo shall constitute the fifteenth district, and be entitled to one senator.
The county of Huerfano shall constitute the sixteenth district, and be entitled to one senator.
The county of Las Animas shall constitute the seventeenth district, and be entitled to two
senators.
The county of Costilla shall constitute the eighteenth district, and be entitled to one senator.
The county of Conejos shall constitute the nineteenth district, and be entitled to one senator.
The counties of Rio Grande, Hinsdale, La Plata, and San Juan shall constitute the twentieth
district, and be entitled to one senator.

*** SEND ***
*** SSTART 049.0 005.0 0 CO 1876 ***

SEC. 49. Until an apportionment of representatives be made, in accordance with the provisions
of this article, they shall be divided among the several counties of the State in the following
manner: The county of Arapahoe shall have seven; the counties of Boulder and Clear Creek,
each, four; the counties of Gilpin and Las Animas, each, three; the counties of El Paso, Fremont,
Huerfano, Jefferson, Pueblo, and Weld, each, two; the counties of Bent, Costilla, Conejos,
Douglas, Elbert, Grand, Hinsdale, Larimer, La Plata., Lake, Park, Rio Grande, Summit,
Saguache, and San Juan, each, one; and the counties of Costilla, and Conejos, jointly, one.


*** SEND ***
*** AEND ***
*** ASTART 006.0 CO 1876 ***


ARTICLE VI

JUDICIAL DEPARTMENT

*** SSTART 001.0 006.0 0 CO 1876 ***

SECTION 1. The judicial powers of the State, as to matters of law and equity, except as in this
constitution otherwise provided, shall be vested in a supreme court, district courts, county courts,
justices of the peace, and such other courts as may be created by law for cities and incorporated
towns.

*** SEND ***
*** SSTART 002.0 006.0 0 CO 1876 ***

SUPREME COURT

SEC. 2. The supreme court, except as otherwise provided in this constitution, shall have
appellate jurisdiction only, which shall be coextensive with the State, and shall have a general
superintending control over all inferior courts, under such regulations and limitations as may be
prescribed by law.

*** SEND ***
*** SSTART 003.0 006.0 0 CO 1876 ***


SEC. 3. It shall have power to issue writs of habeas corpus, mandamus, quo warranto,
certiorari, injunction, and other original and remedial writs, with authority to hear and determine
the same.

*** SEND ***
*** SSTART 004.0 006.0 0 CO 1876 ***

SEC. 4. At least two terms of the supreme court shall be held each year, at the seat of
government.

*** SEND ***
*** SSTART 005.0 006.0 0 CO 1876 ***

SEC. 5. The supreme court shall consist of three judges, a majority of whom shall be necessary to
form a quorum or pronounce a decision.

*** SEND ***
*** SSTART 006.0 006.0 0 CO 1876 ***

SEC. 6. The judges of the supreme court shall be elected by electors of the State at large, as
hereinafter provided.

*** SEND ***
*** SSTART 007.0 006.0 0 CO 1876 ***

SEC. 7. The term of office of the Judges of the supreme court, except as in this article otherwise
provided, shall be nine years.

*** SEND ***
*** SSTART 008.0 006.0 0 CO 1876 ***

SEC. 8. The judges of the supreme court shall, immediately after the first election under this
constitution, be classified by lot, so that one shall hold his office for the term of three years, one
for the term of six years, and one for the term of nine years. The lot shall be drawn by the judges,
who shall for that purpose assemble at the seat of government, and they shall cause the result
thereof to be certified to the secretary of the Territory, and filed in his office. The judge having
the shortest term to serve, not holding his office by appointment or election to fill a vacancy,
shall be the chief justice, and shall preside at all terms of the supreme court, and, in case of his
absence, the judge having in like manner the next shortest term to serve shall preside in his stead.

*** SEND ***
*** SSTART 009.0 006.0 0 CO 1876 ***

SEC. 9. There shall be a clerk of the supreme court, who shall be appointed by the judges thereof,
and shall hold his office during the pleasure of said judges, and whose duties and emoluments
shall be as prescribed by law and by the rules of the supreme court.

*** SEND ***
*** SSTART 010.0 006.0 0 CO 1876 ***

SEC. 10. No person shall be eligible to the office of judge of the supreme court unless he be
learned in the law, be at least thirty years of age, and a citizen of the United States, nor unless he
shall have resided in this State or Territory at least two years next preceding his election.


*** SEND ***
*** SSTART 011.0 006.0 0 CO 1876 ***


DISTRICT COURTS

SEC. 11. The district courts shall have original jurisdiction of all causes, both at law and in
equity, and such appellate jurisdiction as may be conferred by law. They shall have original
jurisdiction to determine all controversies upon relation of any person on behalf of the people
concerning the rights, duties, and liabilities of railroad, telegraph, or toll-road companies or
corporations.
 
*** SEND ***
*** SSTART 012.0 006.0 0 CO 1876 ***

SEC. 12. The State shall be divided into judicial districts, in each of which there shall be elected
by the electors thereof one judge of the district court therein, whose term of office shall be six
years. The judges of the district courts may hold courts for each other, and shall do so when
required by law.

*** SEND ***
*** SSTART 013.0 006.0 0 CO 1876 ***

SEC. 13. Until otherwise provided by law, said districts shall be four in number, and constituted
as follows, viz:
First district.-The counties of Boulder, Jefferson, Gilpin, Clear Creek, Summit, and Grand.
Second district.-The counties of Arapahoe, Douglas, Elbert, Weld, and Larimer.
Third district.-The counties of Park, El Paso, Fremont, Pueblo, Bent, Las Animas, and Huerfano.
Fourth district.-The counties of Costilla, Conejos, Rio Grande, San Juan, La Plata, Hinsdale,
Saguache, and Lake.

*** SEND ***
*** SSTART 014.0 006.0 0 CO 1876 ***

SEC. 14. The general assembly may, after the year 1880, (whenever two-thirds of the members
of each house shall concur therein,) but not oftener than once in six years, increase the number of
the judicial districts and the judges thereof; such districts shall be formed of compact territory,
and bounded by county-lines; but such increase or change in the boundaries of a district shall not
work the removal of any judge from his office during the term for which he shall have been
elected or appointed.

*** SEND ***
*** SSTART 015.0 006.0 0 CO 1876 ***

SEC. 15. The judges of the district court first elected shall be chosen at the first general election.
The general assembly may provide that after the year 1878 the election of the judges of the
supreme, district. and county courts, and the district attorneys, or any of them, shall be on a
different day from that on which an election is held for any other purpose, and for that purpose
may extend or abridge the term of office of any such officers then holding, but not in any case
more than six months. Until otherwise provided by law, such officers shall be elected at the time
of holding the general elections. The terms of office of all judges of the district court, elected in
the several districts throughout the State shall expire on the same day; and the terms of office of
the district attorneys elected in the several districts throughout the State shall, in like manner,
expire on the same day.

*** SEND ***
*** SSTART 016.0 006.0 0 CO 1876 ***

SEC. 16. No person shall be eligible to the office of district judge unless he be learned in the law,
be at least thirty years old, and a citizen of the United States, nor unless he shall have resided in
the State or Territory at least two years next preceding his election, nor unless he shall, at the
time of his election, be an elector within the judicial district for which he is elected: Provided,
That at the first election any person of the requisite age and learning, and who is an elector of the
Territory of Colorado, under the laws thereof, at the time of the adoption of this constitution,
shall be eligible to the office of judge of the district court of the judicial district within which he
is an elector.

*** SEND ***
*** SSTART 017.0 006.0 0 CO 1876 ***

SEC. 17. The time of holding courts within the said districts shall be as provided by law; but at
least one term of the district court shall be held annually in each county, except in such counties
as may be attached, for judicial purposes, to another county wherein such courts are so held. This
shall not be construed to prevent the holding of special terms, under such regulations as may be
provided by law.

*** SEND ***
*** SSTART 018.0 006.0 0 CO 1876 ***

SEC. 18. The judges of the supreme and district courts shall each receive such salary as may be
provided by law; and no such judge shall receive any other compensation, perquisite, or
emolument for or on account of his office, in any form whatever, nor act as attorney or counselor
at law.

*** SEND ***
*** SSTART 019.0 006.0 0 CO 1876 ***

SEC. 19. There shall be a clerk of the district court in each county wherein a term is held, who
shall be appointed by the judge of the district, to hold his office during the pleasure of the judge.
His duties and compensation shall be as provided by law and regulated by the rules of the court.

*** SEND ***
*** SSTART 020.0 006.0 0 CO 1876 ***

SEC. 20. Until the general assembly shall provide by law for fixing the terms of the courts
aforesaid, the judges of the supreme and district courts, respectively, shall fix the terms thereof.


*** SEND ***
*** SSTART 021.0 006.0 0 CO 1876 ***

DISTRICT ATTORNEYS

SEC. 21. There shall be elected by the qualified electors of each judicial district, at each regular
election for judges of the supreme court, a district attorney for such district, whose term of office
shall be three years, and whose duties and compensations shall be as provided by law. No person
shall be eligible to the office of district attorney who shall not, at the time of his election, be at
least twenty-five years of age, and possess all the other qualifications for judges of district courts,
as prescribed in this article.

*** SEND ***
*** SSTART 022.0 006.0 0 CO 1876 ***


COUNTY COURTS

SEC. 22. There shall be elected, at the general election in each organized county in the year 1877,
and every three years thereafter, except as otherwise provided in this article, a county judge, who
shall be judge of the county court of said county, whose term of office shall be three years, and
whose compensation shall be as may be provided by law.

*** SEND ***
*** SSTART 023.0 006.0 0 CO 1876 ***

SEC. 23. County courts shall be courts of record, and shall have original jurisdiction in all
matters of probate, settlement of estates of deceased persons, appointment of guardians,
conservators, and administrators, and settlement of their accounts, and such other civil and
criminal jurisdiction as may be conferred by law: Provided, Such courts shall not have
jurisdiction in any case where the debt, damage, or claim, or value of property involved, shall
exceed two thousand dollars, except in cases relating to the estates of deceased persons. Appeals
may be taken from county to district courts, or to the supreme court, in such cases and in such
manner as may be prescribed by law. Writs of error shall lie from the supreme court to every
final judgment of the county court. No appeal shall lie to the district court from any judgment
given upon an appeal from a justice of the peace.

*** SEND ***
*** SSTART 024.0 006.0 0 CO 1876 ***

CRIMINAL COURT

SEC. 24. The general assembly shall have power to create and establish a criminal court in each
county having a population exceeding fifteen thousand, which court may have concurrent
jurisdiction with the district courts in all criminal cases not capital, the terms of such courts to be
as provided by law.

*** SEND ***
*** SSTART 025.0 006.0 0 CO 1876 ***

JUSTICES OF THE PEACE

SEC. 25. Justices of the peace shall have such jurisdiction as may be conferred by law; but they
shall not have jurisdiction of any case wherein the value of the property, or the amount in
controversy, exceeds the sum of three hundred dollars, nor where the boundaries or title to real
property shall be called in question.

*** SEND ***
*** SSTART 026.0 006.0 0 CO 1876 ***

POLICE MAGISTRATES

SEC. 26. The general assembly shall have power to provide for creating such police magistrates
for cities and towns, as may be deemed from time to time necessary or expedient, who shall have
jurisdiction of all cases arising under the ordinances of such cities and towns respectively.

*** SEND ***
*** SSTART 027.0 006.0 0 CO 1876 ***

MISCELLANEOUS

SEC. 27. The judges of courts of record, inferior to the court, shall, on or before the first day in
July in each year, report in writing to the judges of the supreme court such defects and omissions
in the laws as their knowledge and experience may suggest, and the judges of the supreme court
shall, on or before the first day of December of each year, report in writing to the governor, to be
by him transmitted to the general assembly, together with his message, such defects and
omissions in the constitution and laws as they may find to exist, together with appropriate bills
for curing the same.

*** SEND ***
*** SSTART 028.0 006.0 0 CO 1876 ***

SEC. 28. All laws relating to courts shall be general and of uniform operation throughout the
State; and the organization, jurisdiction, powers, proceedings, and practice of all the courts, of
the same class or grade, so far as regulated by law, and the force and effect of the proceedings,
judgments, and decrees of such courts severally, shall be uniform.

*** SEND ***
*** SSTART 029.0 006.0 0 CO 1876 ***

SEC. 29. All officers provided for in this article, excepting judges of the supreme court, shall
respectively reside in the district, county, precinct, city, or town for which they may be elected or
appointed. Vacancies in  elective offices shall be filled by election, but when the unexpired term
does not exceed one year, the vacancy shall be filled by appointment, as follows: Of judges of the
supreme and district courts, by the governor; of district attorneys, by the judge of the court of
which the office appertains, and of all other judicial officers by the board of county
commissioners of the county where the vacancy occurs.

*** SEND ***
*** SSTART 030.0 006.0 0 CO 1876 ***

SEC. 30. All process shall run in the name of " The people of the State of Colorado; " all
prosecutions shall be carried on in the name and by the authority of " The people of the State of
Colorado," and conclude, " against the peace and dignity of the same."


*** SEND ***
*** AEND ***
*** ASTART 007.0 CO 1876 ***


ARTICLE VII

*** SSTART 001.0 007.0 0 CO 1876 ***

SUFFRAGE AND ELECTIONS

SECTION 1. Every male person over the age of 21 years, possessing the following qualifications,
shall be entitled to vote at all elections:
First. He shall be a citizen of the United States, or, not being a citizen of the United States, he
shall have declared his intention, according to law, to become such citizen, not less than four
months before he offers to vote.
Second. He shall have resided in the State six months immediately preceding the election at
which he offers to vote, and in the county, city, town, ward, or precinct, such time as may be
prescribed by law: Provided, That no person shall be denied the right to vote at any school-
district election, nor to hold any school-district office, on account of sex.

*** SEND ***
*** SSTART 002.0 007.0 0 CO 1876 ***

SEC. 2. The general assembly shall, at the first session thereof, and may at any subsequent
session, enact laws to extend the right of suffrage to women of lawful age, and otherwise
qualified according to the provisions of this article. No such enactment shall be of effect until
submitted to the vote of the qualified electors at a general election, nor unless the same be
approved by a majority of those voting thereon.

*** SEND ***
*** SSTART 003.0 007.0 0 CO 1876 ***

SEC. 3. The general assembly may prescribe, by law, an educational qualification for electors,
but no such law shall take effect prior to the year of our Lord one thousand eight hundred and
ninety, and no qualified elector shall be thereby disqualified.

*** SEND ***
*** SSTART 004.0 007.0 0 CO 1876 ***

SEC. 4. For the purpose of voting and eligibility to office, no person shall be deemed to have
gained a residence by reason of his presence, or lost it by reason of his absence, while in the civil
or military service of the State, or of the United States, nor while a student at any institution of
learning, nor while kept at public expense in any poor-house or other asylum, nor while confined
in public prison.

*** SEND ***
*** SSTART 005.0 007.0 0 CO 1876 ***

SEC. 5. Voters shall in all cases, except treason, felony, or breach of the peace, be privileged
from arrest during their attendance at elections, and in going to and returning therefrom.

*** SEND ***
*** SSTART 006.0 007.0 0 CO 1876 ***

SEC. 6. No person except a qualified elector shall be elected or appointed to any civil or military
office in the State.

*** SEND ***
*** SSTART 007.0 007.0 0 CO 1876 ***

SEC. 7. The general election shall be held on the first Tuesday of October, in the years of our
Lord eighteen hundred and seventy-six, eighteen hundred and seventy-seven, and eighteen
hundred and seventy-eight, and annually thereafter on such day as may be prescribed by law.

*** SEND ***
*** SSTART 008.0 007.0 0 CO 1876 ***

SEC. 8. All elections by the people shall be by ballot; every ballot voted shall be numbered in the
order in which it shall be received, and the number be recorded by the election-officers on the list
of voters opposite the name of the voter who presents the ballot. The election-officers shall be
sworn or affirmed not to inquire or disclose how any elector shall have voted. In all cases of
contested elections, the ballots cast may be counted, compared with the list of voters, and
examined, under such safeguards and regulations as may be prescribed by law.

*** SEND ***
*** SSTART 009.0 007.0 0 CO 1876 ***

SEC. 9. In trials of contested elections, and for offences arising under the election-law, no person
shall be permitted to withhold his testimony on the ground that it may criminate himself, or
subject him to public infamy; but such testimony shall not be used against him in any judicial
proceedings, except for perjury in giving such testimony.

*** SEND ***
*** SSTART 010.0 007.0 0 CO 1876 ***

SEC. 10. No person while confined in any public prison shall be entitled to vote; but every such
person who was a qualified elector prior to such imprisonment, and who is released therefrom by
virtue of a pardon, or by virtue of having served out his full term of imprisonment, shall, without
further action, be invested with all the rights of citizenship, except as otherwise provided in this
constitution.

*** SEND ***
*** SSTART 011.0 007.0 0 CO 1876 ***

SEC. 11. The general assembly shall pass laws to secure the purity of elections and guard against
abuses of the elective franchise.

*** SEND ***
*** SSTART 012.0 007.0 0 CO 1876 ***

SEC. 12. The general assembly shall, by general law, designate the courts and judges by whom
the several classes of election contests, not herein provided for, shall be tried, and regulate the
manner of trial, and all matters incident thereto; but no such law shall apply to any contest arising
out of an election held before its passage.


*** SEND ***
*** AEND ***
*** ASTART 008.0 CO 1876 ***


ARTICLE VIII


STATE INSTITUTIONS

*** SSTART 001.0 008.0 0 CO 1876 ***

SECTION 1. Educational, reformatory, and penal institutions, and those for the benefit of the
insane, blind, deaf and mute, and such other institutions as the public good may require, shall be
established and supported by the State, in such manner as may be prescribed by law.

*** SEND ***
*** SSTART 002.0 008.0 0 CO 1876 ***

SEC. 2. The general assembly shall have no power to change or to locate the seat of government
of the State, but shall at its first session subsequent to the year of our Lord one thousand eight
hundred and eighty, provide by law for submitting the question of the permanent location of the
seat of government to the qualified electors of the State, at the general election then next ensuing,
and a majority of all the votes upon said question, cast at said election, shall be necessary to
determine the location thereof. Said general assembly shall also provide that in case there shall be
no choice of location at said election, the question of choice between the two places for which
the highest number of votes shall have been cast, shall be submitted in like manner to the
qualified electors of the State, at the next general election: Provided, That until the seat of
government shall have been permanently located as herein provided, the temporary location
thereof shall remain at the city of Denver.

*** SEND ***
*** SSTART 003.0 008.0 0 CO 1876 ***

SEC. 3. When the seat of government shall have been located as herein provided, the location
thereof shall not thereafter be changed except by a vote of two-thirds of all the qualified electors
of the State voting on that question, at a general election, at which the question of location of the
seat of government shall have been submitted by the general assembly. 


*** SEND ***
*** SSTART 004.0 008.0 0 CO 1876 ***

SEC. 4. The general assembly shall make no appropriation or expenditures for capitol buildings
or grounds until the seat of government shall have been permanently located as herein provided.

*** SEND ***
*** SSTART 005.0 008.0 0 CO 1876 ***

SEC. 5. The following territorial institutions, to wit, The University at Boulder, the Agricultural
College at Fort Collins, the School of Mines at Golden, the Institute for the Education of Mutes
at Colorado Springs, shall, upon the adoption of this constitution, become institutions of the State
of Colorado, and the management thereof subject to the control of the State, under such laws and
regulations as the general assembly shall provide; and the location of said institutions, as well as
all gifts, grants, and appropriations of money and property, real and personal, heretofore made to
said several institutions, are hereby confirmed to the use and benefit of the same respectively:
Provided, This section shall not apply to any institution, the property, real or personal, of which
is now vested in the trustees thereof, until such property be transferred by proper conveyance,
together with the control thereof, to the officers provided for the management of said institution
by this constitution or by law.

*** SEND ***
*** AEND ***
*** ASTART 009.0 CO 1876 ***


ARTICLE IX

EDUCATION

*** SSTART 001.0 009.0 0 CO 1876 ***

SECTION 1. The general supervision of the public schools of the State shall be vested in a board
of education, whose powers and duties shall be prescribed by law; the superintendent of public
instruction, the secretary of state, and attorney-general shall constitute the board, of which the
superintendent of public instruction shall be president.

*** SEND ***
*** SSTART 002.0 009.0 0 CO 1876 ***

SEC. 2. The general assembly shall, as soon as practicable, provide for the establishment and
maintenance of a thorough and uniform system of free public schools throughout the State
wherein all residents of the State between the ages of six and twenty-one years may be educated
gratuitously. One or more public schools shall be maintained in each school-district within the
State at least three months in each year; any school-district failing to have such school shall not
be entitled to receive any portion of the school-fund for that year.

*** SEND ***
*** SSTART 003.0 009.0 0 CO 1876 ***

SEC. 3. The public-school fund of the State shall forever remain inviolate and intact; the interest
thereon only shall be expended in the maintenance of the schools of the State, and shall be
distributed among the several counties and school-districts of the State in such manner as may be
prescribed by law. No part of this fund, principal or interest, shall ever be transferred to any other
fund, or used or appropriated except as herein provided. The State treasurer shall be the custodian
of this fund, and the same shall be securely and profitably invested as may be by law directed.
The State shall supply all losses thereof that may in any manner occur.

*** SEND ***
*** SSTART 004.0 009.0 0 CO 1876 ***

SEC. 4. Each county treasurer shall collect all school-funds belonging to his county, and the
several school-districts therein, and disburse the same to the proper districts upon warrants drawn
by the county superintendent or by the proper district authorities as may be provided by law.

*** SEND ***
*** SSTART 005.0 009.0 0 CO 1876 ***

SEC. 5. The public-school fund of the State shall consist of the proceeds of such lands as have
heretofore been, or may hereafter be, granted to the State by the General Government for
educational purposes; all estates that may escheat to the State; also all other grants, gifts, or
devises that may be made to this State for educational purposes.

*** SEND ***
*** SSTART 006.0 009.0 0 CO 1876 ***

SEC. 6. There shall be a county superintendent of schools in each county whose term of office
shall be two years, and whose duties, qualifications, and compensation shall be prescribed by
law. He shall be ex officio commissioner of lands within his county, and shall discharge the
duties of said office under the direction of the State board of land commissioners, as directed by
law.

*** SEND ***
*** SSTART 007.0 009.0 0 CO 1876 ***

SEC. 7. Neither the general assembly, nor any county, city, town, township, school-district, or
other public corporation shall ever make any appropriation, or pay from any public fund or
moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose,
or to help support or sustain any school, academy, seminary, college, university, or other literary
or scientific institution controlled by any church or sectarian denomination whatsoever; nor shall
any grant or donation of land, money, or other personal property ever be made by the State, or
any such public corporation, to any church or for any sectarian purposes.

*** SEND ***
*** SSTART 008.0 009.0 0 CO 1876 ***

SEC. 8. No religious test or qualification shall ever be required of any person as a condition of
admission into any public educational institution of the State, either as teacher or student; and no
teacher or student of any such institution shall ever be required to attend or participate in any
religious service whatever. No sectarian tenets or doctrines shall ever be taught in the public
schools, nor shall any distinction or classification of pupils be made on account of race or color.

*** SEND ***
*** SSTART 009.0 009.0 0 CO 1876 ***

SEC. 9. The governor, superintendent of public instruction, secretary of state, and attorney-
general shall constitute the State board of land commissioners, who shall have the direction,
control, and disposition of the public lands of the State, under such regulations as may be
prescribed by law.

*** SEND ***
*** SSTART 010.0 009.0 0 CO 1876 ***

SEC. 10. It shall be the duty of the State board of land commissioners to provide for the location,
protection, sale, or other disposition of all the lands heretofore, or which may hereafter be,
granted to the State by the General Government, under such regulations as may be prescribed by
law, and in such manner as will secure the maximum possible amount therefor. No law shall ever
be passed by the general assembly granting any privileges to persons who may have settled upon
any such public lands subsequent to the survey thereof by the General Government, by which the
amount to be derived by the sale, or other disposition of such lands, shall be diminished, directly
or indirectly. The general assembly shall, at the earliest practicable period, provide by law that
the several grants of land made by Congress to the State shall be judiciously located and carefully
preserved and held in trust subject to disposal for the use and benefit of the respective objects for
which said grants of land were made, and the general assembly shall provide for the sale of said
lands from time to time, and for the faithful application of the proceeds thereof in accordance
with the terms of said grants.

*** SEND ***
*** SSTART 011.0 009.0 0 CO 1876 ***

SEC. 11. The general assembly may require, by law, that every child of sufficient mental and
physical ability shall attend the public school during the period between the ages of six and
eighteen years, for a time equivalent to three years, unless educated by other means.

*** SEND ***
*** SSTART 012.0 009.0 0 CO 1876 ***

SEC. 12. There shall be elected by the qualified electors of the State, at the first general election
under this constitution, six regents of the university, who shall, immediately after their election,
be so classified, by lot, that two shall hold their office for the term of two years, two for four
years, and two for six years; and every two years after the first election there shall be elected two
regents of the university, whose term of office shall be six years. The regents thus elected, and
their successors, shall constitute a body-corporate, to be known by the name and style of " The
Regents of the University of Colorado."

*** SEND ***
*** SSTART 013.0 009.0 0 CO 1876 ***

SEC. 13. The regents of the university shall, at their first meeting, or as soon thereafter as
practicable, elect a president of the university, who shall hold his office until removed by the
board of regents for cause; he shall be ex officio a member of the board, with the privilege of
speaking, but not of voting, except in cases of a tie; he shall preside at the meetings of the board,
and be the principal executive officer of the university, and a member of the faculty thereof.

*** SEND ***
*** SSTART 014.0 009.0 0 CO 1876 ***

SEC. 14. The board of regents shall have the general supervision of the university, and the
exclusive control and direction of all the funds of, and appropriations to, the university.

*** SEND ***
*** SSTART 015.0 009.0 0 CO 1876 ***

SEC. 15. The general assembly shall, by law, provide for organization of school districts of
convenient size, in each of which shall be established a board of education, to consist of three or
more directors, to be elected by the qualified electors of the district. Said directors shall have
control of instruction in the public schools of their respective districts.

*** SEND ***
*** SSTART 016.0 009.0 0 CO 1876 ***

SEC. 16. Neither the general assembly nor the State board of education shall have power to
prescribe text-books to be used in the public schools.

*** SEND ***
*** AEND ***
*** ASTART 010.0 CO 1876 ***


ARTICLE X

REVENUE

*** SSTART 001.0 010.0 0 CO 1876 ***


SECTION 1. The fiscal year shall commence on the first day of October in each year, unless
otherwise provided by law.

*** SEND ***
*** SSTART 002.0 010.0 0 CO 1876 ***

SEC. 2. The general assembly shall provide by law for an annual tax sufficient, with other
resources, to defray the estimated expenses of the State government for each fiscal year.

*** SEND ***
*** SSTART 003.0 010.0 0 CO 1876 ***

SEC. 3. All taxes shall be uniform upon the same class of subjects within the territorial limits of
the authority levying the tax, and shall be levied and collected under general laws, which shall
prescribe such regulations as shall secure a just valuation for taxation of all property, real and
personal: Provided, That mines and mining claims bearing gold, silver, and other precious
metals, (except the net proceeds and surface improvements thereof,) shall be exempt from
taxation for the period of ten years from the date of the adoption of this constitution, and
thereafter may be taxed as provided by law. Ditches, canals, and flumes owned and used by
individuals or corporations for irrigating lands owned by which individuals or corporations, or
the individual members thereof, shall not be separately taxed so long as they shall be owned and
used exclusively for such purpose.

*** SEND ***
*** SSTART 004.0 010.0 0 CO 1876 ***

SEC. 4. The property, real and personal, of the State, counties, cities, and other municipal
corporations, and public libraries, shall be exempt from taxation.

*** SEND ***
*** SSTART 005.0 010.0 0 CO 1876 ***

SEC. 5. Lots, with the buildings thereon, if said buildings are used solely and exclusively for
religious worship, for schools, or for strictly charitable purposes, also cemeteries not used or held
for private or corporate profit, shall be exempt from taxation, unless otherwise provided by
general law.

*** SEND ***
*** SSTART 006.0 010.0 0 CO 1876 ***


SEC. 6. All laws exempting from taxation property other than that hereinbefore mentioned shall
be void.

*** SEND ***
*** SSTART 007.0 010.0 0 CO 1876 ***

SEC. 7. The general assembly shall not impose taxes for the purposes of any county city, town,
or other municipal corporation, but may, by law, vest in the corporate authorities thereof
respectively the power to assess and collect taxes for all purposes of such corporation.

*** SEND ***
*** SSTART 008.0 010.0 0 CO 1876 ***

SEC. 8. No county, city, town, or other municipal corporation, the inhabitants thereof, nor the
property therein, shall be released or discharged from their, or its, proportionate share of taxes to
be levied for State purposes.

*** SEND ***
*** SSTART 009.0 010.0 0 CO 1876 ***

SEC. 9. The power to tax corporations and corporate property, real and personal, shall never be
relinquished  or suspended.

*** SEND ***
*** SSTART 010.0 010.0 0 CO 1876 ***

SEC. 10. All corporations in this State, or doing business therein, shall be subject to taxation for
State, county, school, municipal, and other purposes, on the real and personal property owned or
used by them within the territorial limits of the authority levying the tax.

*** SEND ***
*** SSTART 011.0 010.0 0 CO 1876 ***

SEC. 11. The rate of taxation on property, for State purposes, shall never exceed six mills on
each dollar of valuation; and whenever the taxable property within the State shall amount to one
hundred million dollars the rate shall not exceed four mills on each dollar of valuation; and
whenever the taxable property within the State shall amount to three hundred million dollars the
rate shall never thereafter exceed two mills on each dollar of valuation, unless a proposition to
increase such rate, specifying the rate proposed, and the time during which the same shall be
levied, be first submitted to a vote of such of the qualified electors of the State as in the year next
preceding such election shall have paid a property-tax assessed to them within the State, and a
majority of those voting thereon shall vote in favor thereof, in such manner as may be provided
by law.

*** SEND ***
*** SSTART 012.0 010.0 0 CO 1876 ***

SEC. 12. The treasurer shall keep a separate account of each fund in his hands, and shall, at the
end of each quarter of the fiscal year, report to the governor in writing, under oath, the amount of
all moneys in his hands to the credit of every such fund, and the place where the same are kept or
deposited, and the number and amount of every warrant received and the number and amount of
every warrant paid therefrom during the quarter. Swearing falsely to any such report shall be
deemed perjury. The governor shall cause every such report to be immediately published in at
least one newspaper printed at the seat of government, and otherwise as the general assembly
may require. The general assembly may provide by law further regulations for the safe-keeping
and management of the public funds in the hands of the treasurer; but notwithstanding any such
regulation, the treasurer and his sureties shall in all cases be held responsible therefor.

*** SEND ***
*** SSTART 013.0 010.0 0 CO 1876 ***

SEC. 13. The making of profit, directly or indirectly, out of State, county, city, town or school-
district money, or using the same for any purpose not authorized by law, by any public officer,
shall be deemed a felony, and shall be punished as provided by law.

*** SEND ***
*** SSTART 014.0 010.0 0 CO 1876 ***

SEC. 14. Private property shall not be taken or sold for the payment of the corporate debt of
municipal corporations.

*** SEND ***
*** SSTART 015.0 010.0 0 CO 1876 ***

SEC. 15. There shall be a State board of equalization, consisting of the governor, State auditor,
State treasurer, secretary of state, and attorney-general; also, in each county of this State, a county
board of equalization, consisting of the board of county commissioners of said county. The duty
of the State board of equalization shall be to adjust and equalize the valuation of real and
personal property among the several counties of the State. The duty of the county board of
equalization shall be to adjust and equalize the valuation of real and personal property within
their respective counties. Each board shall also perform such other duties as may be prescribed
by law.

*** SEND ***
*** SSTART 016.0 010.0 0 CO 1876 ***

SEC. 16. No appropriation shall be made, nor any expenditure authorized by the general
assembly, whereby the expenditure of the State, during any fiscal year, shall exceed the total tax
then provided for by law and applicable for such appropriation or expenditure, unless the general
assembly making such appropriation shall provide for levying a sufficient tax, not exceeding the
rates allowed in section eleven of this article, to pay such appropriation or expenditure within
such fiscal year. This provision shall not apply to appropriations or expenditures to suppress
insurrection, defend the State, or assist in defending the United States in time of war.

*** SEND ***
*** AEND ***
*** ASTART 011.0 CO 1876 ***


ARTICLE XI


PUBLIC INDEBTEDNESS

*** SSTART 001.0 011.0 0 CO 1876 ***


SECTION 1. Neither the State, nor any county, city, town, township, or school-district shall lend
or pledge the credit or faith thereof, directly or indirectly, in any manner to, or in aid of, any
person, company, or corporation, public or private, for any amount or for any purpose whatever,
or become responsible for any debt, contract, or liability of any person, company, or corporation,
public or private, in or out of the State. 

*** SEND ***
*** SSTART 002.0 011.0 0 CO 1876 ***

SEC. 2. Neither the State, nor any county, city, town, township, or school-district shall make any
donation or grant to, or in aid of, or become a subscriber to, or shareholder in, any corporation or
company, or a joint owner with any person, company, or corporation, public or private, in or out
of the State, except as to such ownership as may accrue to the State by escheat, or by forfeiture,
by operation or provision of law; and except as to such ownership as may accrue to the State, or
to any county, city, town, township, or school-district, or to either or any of them, jointly with
any person, company, or corporation, by forfeiture or sale of real estate for non-payment of taxes,
or by donation or devise for public use, or by purchase by or on behalf of any or either of them,
jointly with any or either of them, under execution in cases of fine, penalties, or forfeiture of
recognizance, breach of condition of official bond, or of bond to secure public moneys, or the
performance of any contract in which they or any of them may be jointly or severally interested.

*** SEND ***
*** SSTART 003.0 011.0 0 CO 1876 ***

SEC. 3. The State shall not contract any debt by loan, in any form, except to provide for casual
deficiencies of revenue, erect public buildings for use of the State, suppress insurrection, defend
the State, or, in time of war, assist in defending the United States; and the amount of debt
contracted in any one year to provide for deficiencies of the revenue shall not exceed one-fourth
of a mill on each dollar of valuation of taxable property within the State, and the aggregate
amount of such debt shall not at any time exceed three fourths of a mill on each dollar of said
valuation until the valuation shall equal one hundred millions of dollars, and thereafter such debt
shall not exceed one hundred thousand dollars, and the debt incurred in any one year for erection
of public buildings shall not exceed one-half mill on each dollar of said valuation, and the aggre-

gate amount of such debt shall never at any time exceed the sum of fifty thousand dollars, (except
as provided in section five of this article;) and in all cases the valuation in this section mentioned
shall be, that of the assessment last preceding the creation of said debt.

*** SEND ***
*** SSTART 004.0 011.0 0 CO 1876 ***

SEC. 4. In no case shall any debt above mentioned in this article be created, except by a law
which shall be irrepealable, until the indebtedness therein provided for shall have been fully paid
or discharged; such law shall specify the purposes to which the funds so raised shall be applied,
and provide for the levy of a tax sufficient to pay the interest on, and extinguish the principal of,
such debt within the time limited by such law for the payment thereof, which, in the case of debts
contracted for the erection of public buildings and supplying deficiencies of revenue, shall not be
less than ten nor more than fifteen years; and the funds arising from the collection of any such tax
shall not be applied to any other purpose than that provided in the law levying the same; and
when the debt thereby created shall be paid or discharged such tax shall cease, and the balance, if
any, to the credit of the fund, shall immediately be placed to the credit of the general fund of the
State.

*** SEND ***
*** SSTART 005.0 011.0 0 CO 1876 ***

SEC. 5. A debt for the purpose of erecting public buildings may be created by law, as provided
for in section  four of this article, not exceeding in the aggregate three mills on each dollar of said
valuation: Provided, That before going into effect such law shall be ratified by the vote of a
majority of such qualified electors of the State as shall vote thereon at a general election, under
such regulations as the general assembly may prescribe.

*** SEND ***
*** SSTART 006.0 011.0 0 CO 1876 ***

SEC. 6. No county shall contract any debt by loan in any form, except for the purpose of erecting
necessary public buildings, making or repairing public roads and bridges; and such indebtedness
contracted in any one year shall not exceed the rates upon the taxable property in such county
following, to wit: counties in which the assessed valuation of taxable property shall exceed five
millions of dollars, one dollar and fifty cents on each thousand dollars thereof; counties in which
such valuation shall be less than five millions of dollars, three dollars on each thousand dollars
thereof; and the aggregate amount of indebtedness of any county, for all purposes, exclusive of
debts contracted before the adoption of this constitution, shall not at any time exceed twice the
amount above herein limited, unless when, in manner provided by law, the question of incurring
such debt shall, at a general election, be submitted to such of the qualified electors of such county
as in the year last preceding such election shall have paid a tax upon property assessed to them in
such county, and a majority of those voting thereon shall vote in favor of incurring the debt; but
the bonds, if any be issued therefor, shall not run less than ten years; and the aggregate amount of
debt so contracted shall not at any time exceed twice the rate upon the valuation last herein
mentioned: Provided, That this section shall not apply to counties having a valuation of less than
one million of dollars.

*** SEND ***
*** SSTART 007.0 011.0 0 CO 1876 ***

SEC. 7. No debt by loan in any form shall be contracted by any school-district for the purpose of
erecting and furnishing school buildings or purchasing grounds, unless the proposition to create
such debt shall first be submitted to such qualified electors of the districts as shall have paid a
school-tax therein in the year next preceding such election, and a majority of those voting thereon
shall vote in favor of incurring such debt.

*** SEND ***
*** SSTART 008.0 011.0 0 CO 1876 ***

SEC. 8. No city or town shall contract any debt by loan in any form, except by means of an
ordinance, which shall be irrepealable until the indebtedness therein provided for shall have been
fully paid or discharged, specifying the purposes to which the funds to be raised shall be applied,
and providing for the levy of a tax, not exceeding twelve mills on each dollar of valuation of
taxable property within such city or town, sufficient to pay the annual interest and extinguish the
principal of such debt within fifteen, but not less than ten, years from the creation thereof; and
such tax, when collected, shall be applied only to the purposes in such ordinance specified until
the indebtedness shall be paid or discharged; but no such debt shall be created unless the question
of incurring the same shall, at a regular election for councilmen, alderman, or officers of such
city or town, be submitted to a vote of such qualified electors thereof as shall, in the year next
preceding, have paid a property-tax therein, and a majority of those voting on the question, by
ballot deposited in a separate ballot-box, shall vote in favor of creating such debt; but the
aggregate amount of debt so created, together with the debt existing at the time of such election,
shall not at any time exceed three per cent. of the valuation last aforesaid. Debts contracted for
supplying water to such city or town are excepted from the operation of this section. The
valuation in this section mentioned shall be in all cases that of the assessment next preceding the
last assessment before the adoption of such ordinance.


*** SEND ***
*** SSTART 009.0 011.0 0 CO 1876 ***

SEC. 9. Nothing contained in this article shall be so construed as to either impair or add to the
obligation of any debt heretofore contracted by any county, city, town, or school-district in
accordance with the laws of Colorado Territory, or prevent the contracting of any debt, or the
issuing of bonds therefor, in accordance with said laws, upon any proposition for that purpose
which may have been, according to said laws, submitted to a vote of the qualified electors of any
county, city, town, or school-district before the day on which this constitution takes effect.

*** SEND ***
*** AEND ***

*** ASTART 012.0 CO 1876 ***

ARTICLE XII
OFFICERS
*** SSTART 001.0 012.0 0 CO 1876 ***

SECTION 1. Every person holding any civil office under the State or any municipality therein
shall, unless removed according to law, exercise the duties of such office until his successor is
duly qualified; but this shall not apply to members of the general assembly, nor to members of
any board or assembly two or more of whom are elected at the same time; the general assembly
may by law provide for suspending any officer in his functions pending impeachment or
prosecution for misconduct in office.

*** SEND ***                                                

*** SSTART 002.0 012.0 0 CO 1876 ***

SEC. 2. No person shall hold any office or employment of trust or profit, under the laws of the
State or any ordinance of any municipality therein, without devoting his personal attention to the
duties of the same.


*** SEND ***

*** SSTART 003.0 012.0 0 CO 1876 ***

SEC. 3. No person who is now or hereafter may become a collector or receiver of public money,
or the deputy or assistant of such collector or receiver, and who shall have become a defaulter in
his office, shall be eligible to or assume the duties of any office of trust or profit in this State,
under the laws thereof, or of any municipality therein, until he shall have accounted for and paid
over all public money for which he may be accountable.

*** SEND ***


*** SSTART 004.0 012.0 0 CO 1876 ***

 SEC. 4. No person hereafter convicted of embezzlement of public moneys, bribery, perjury,
solicitation of bribery, or subornation of perjury, shall be eligible to the general assembly, or
capable of holding any office of trust or profit in this State.

*** SEND ***

*** SSTART 005.0 012.0 0 CO 1876 ***

SEC. 5. The district court of each county shall, at each term thereof, specially give in charge to
the grand jury, if there be one, the laws regulating the accountability of the county treasurer, and
shall appoint a committee of such grand jury, or if other reputable persons, not exceeding five, to
investigate the official accounts and affairs of the treasurer of such county, and report to the court
the condition thereof. The judge of the district court may appoint a like committee in vacation at
any time, but not oftener than once in every three months. The district court of the county 
wherein the seat of government may be shall have the like power to appoint committees to
investigate the official accounts and affairs of the State treasurer and the auditor of State..

*** SEND ***

*** SSTART 006.0 012.0 0 CO 1876 ***

 SEC. 6. Any civil officer or member of the general assembly who shall solicit, demand, or
receive, or consent to receive, directly or indirectly, for himself or for another, from any
company, corporation, or person, any money, office, appointment, employment, testimonial,
reward, thing of value or enjoyment, or of personal advantage, or promise thereof, for his vote,
official influence, or action, or for withholding the same, or with an understanding that his
official influence or action shall be in any way influenced thereby, or who shall solicit or demand
any such money or advantage, matter, or thing aforesaid for another, as the consideration of his
vote, official influence, or action, or for withholding the same, or shall give or withhold his vote,
official influence, or action in consideration of the payment or promise of such money,
advantage, matter, or thing to another, shall be held guilty of bribery, or solicitation of bribery as
the case may be, within the meaning of this constitution, and shall incur the disabilities provided
thereby for such offence, and such additional punishment as is or shall be prescribed by law.

*** SEND ***

*** SSTART 007.0 012.0 0 CO 1876 ***

SEC. 7. Every member of the general assembly shall, before he enters upon his official duties,
take an oath or affirmation to support the Constitution of the United States and of the State of
Colorado, and to faithfully perform the duties of his office according to the best of his ability.
This oath, or affirmation, shall be administered in the hall of the house to which the member
shall have been elected.

*** SEND ***

*** SSTART 008.0 012.0 0 CO 1876 ***

SEC. 8. Every civil officer, except members of the general assembly and such inferior officers as
may be by law exempted, shall, before he enters upon the duties of his office, take and subscribe
an oath or affirmation to support the Constitution of the United States and the State of Colorado,
and to faithfully perform the duties of the office upon which he shall be about to enter.

*** SEND ***

*** SSTART 009.0 012.0 0 CO 1876 ***

SEC. 9. Officers of the executive department and judges of the supreme and district courts, and
district attorneys, shall file their oaths of office with the secretary of state; every other officer
shall file his oath of office with the county clerk of the county wherein he shall have been
elected.

*** SEND ***

*** SSTART 010.0 012.0 0 CO 1876 ***

SEC. 10. If any person elected or appointed to any office shall refuse or neglect to qualify therein
within the time prescribed by law, such office shall be deemed vacant.

*** SEND ***

*** SSTART 011.0 012.0 0 CO 1876 ***

SEC. 11. The term of office of any officer elected to fill a vacancy shall terminate at the
expiration of the term during which the vacancy occurred.

*** SEND ***


*** SSTART 012.0 012.0 0 CO 1876 ***

SEC. 12. No person who shall hereafter fight a duel, or assist in the same as a second, or send,
accept, or knowingly carry a challenge therefor, or agree to go out of the State to fight a duel,
shall hold any office in the State.

*** SEND ***
*** AEND ***

*** ASTART 013.0 CO 1876 ***

ARTICLE XIII

IMPEACHMENTS
*** SSTART 001.0 013.0 0 CO 1876 ***

SECTION 1. The house of representatives shall have the sole power of impeachment. The
concurrence of a majority of all the members shall be necessary to an impeachment. All
impeachments shall be tried by the Senate, and, when sitting for that purpose, the senators shall
be upon oath or affirmation to do justice according to law and evidence. When the governor or
lieutenant governor is on trial, the chief-justice of the supreme court shall preside. No person
shall be convicted without a concurrence of two-thirds of the senators elected.

*** SEND ***

*** SSTART 002.0 013.0 0 CO 1876 ***

SEC. 2. The governor and other State and judicial officers, except county judges and justices of
the peace, shall be liable to impeachment for high crimes or misdemeanors, or malfeasance in
office, but judgement in such cases shall only extend to removal from office and disqualification
to hold any office of honor, trust, or profit in the State. The party, whether convicted or acquitted,
shall, nevertheless, be liable to prosecution, trial, judgment, and punishment according to law.

*** SEND ***

*** SSTART 003.0 013.0 0 CO 1876 ***

SEC. 3. All officers not liable to impeachment shall be subject to removal for misconduct or
malfeasance in office, in such manner as may be provided by law..

*** SEND ***
*** AEND ***

*** ASTART 014.0 CO 1976 ***

ARTICLE XIV

COUNTIES
*** SSTART 001.0 014.0 0 CO 1876 ***


SECTION 1. The several counties of the Territory of Colorado, as they now exist, are hereby
declared to be counties of the State.

*** SEND ***

*** SSTART 002.0 014.0 0 CO 1876 ***

SEC. 2. The general assembly shall have no power to remove 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
removed unless a majority of the qualified electors of the county, voting on the proposition at a
general election, vote therefor; and no such proposition shall be submitted oftener than once in
four years, and no person shall vote on such proposition who shall not have resided in the county
six months and in the election-precinct ninety days next preceding such election.

*** SEND ***

*** SSTART 003.0 014.0 0 CO 1876 ***

SEC. 3. No part of the territory of any county shall be stricken off and added to an adjoining
county without first submitting the question to the qualified voters of the county from which the
territory is proposed to be stricken off; nor unless a majority of all the qualified voters of said
county voting on the question shall vote therefor.

*** SEND ***

*** SSTART 004.0 014.0 0 CO 1876 ***

SEC. 4. In all cases of the establishment of any new county, the new county shall be held to pay
its ratable proportion of all then existing liabilities of the county or counties froin which such
new county shall be formed.

*** SEND ***

*** SSTART 005.0 014.0 0 CO 1876 ***

SEC. 5. When any part of a county is stricken off and attached to another county, the part
stricken off shall be held to pay its ratable proportion of all then existing liabilities of the county
from which it is taken.

*** SEND ***

*** SSTART 006.0 014.0 0 CO 1876 ***


COUNTY OFFICERS

SEC. 6. In each county there shall be elected for the term of three years three county
commissioners, who shall hold sessions for the transaction of county business as provided by
law, any two of whom shall constitute a quorum for the transaction of business. One of said
commissioners shall be elected on the first Tuesday of October, eighteen hundred and seventy-
six, and every year thereafter one such officer shall be elected in each county at the general
election, for the term of three years; Provided, That when the population of any county shall
exceed ten thousand, the board of county commissioners may consist of five members, who shall
be elected as provided by law, any three of whom shall constitute a quorum for the transaction of
business.

*** SEND ***

*** SSTART 007.0 014.0 0 CO 1876 ***

SEC. 7. The compensation of all county and precinct officers shall be as provided by law.

*** SEND ***

*** SSTART 008.0 014.0 0 CO 1876 ***

SEC. 8. There shall be elected in each county, on the first Tuesday of October, in the year one
thousand eight hundred and seventy-seven. and every alternate year forever thereafter, one county
clerk. who shall be ex officio recorder of deeds and clerk of the board of county commissioners;
one sheriff; one coroner; one treasurer, who shall be collector of taxes; one county superintendent
of schools; one county surveyor, and one county assessor. 

*** SEND ***

*** SSTART 009.0 014.0 0 CO 1876 ***

SEC. 9. In case of a vacancy occurring in the office of county commissioner, the governor shall
fill the same by appointment; and in the case of a vacancy in any other county office, or in any
precinct office. the board of county commissioners shall fill the same by appointment; and the
person appointed shall hold the office until the next general election, or until the vacancy be
filled by election according to law.

*** SEND ***

*** SSTART 010.0 014.0 0 CO 1876 ***

SEC. 10. No person shall be eligible to any county office unless he be a qualified elector; nor
unless he shall have resided in the county one year preceding his election.

*** SEND ***

*** SSTART 011.0 014.0 0 CO 1876 ***

 SEC. 11. There shall, at the first election at which county officers are chosen, and annually
thereafter, be elected in each precinct one justice of the eace and one constable, who shall each
hold his office for the term of two years: Provided, That in precincts containing five thousand or
more inhabitants, the number of justices and constables may be increased as provided by law.

*** SEND ***

*** SSTART 012.0 014.0 0 CO 1876 ***

 SEC. 12. The general assembly shall provide for the election or appointment, of such other
county, township, precinct, and municipal officers as public convenience may require; and their
terms of office shall be as prescribed by law, not in any case to exceed two years.

*** SEND ***

*** SSTART 013.0 014.0 0 CO 1876 ***

 SEC. 13. The general assembly shall provide, by general laws, for the organization and
classification of cities and towns. The number of such classes shall not exceed four, and the
powers of each class shall be defined by general laws, so that all municipal corporations of the
same class shall possess the same powers, and be subject to the same restrictions.

*** SEND ***

*** SSTART 014.0 014.0 0 CO 1876 ***

 SEC. 14. The general assembly shall also make provision, by general law, whereby any city,
town, or village, incorporated by any special or local law, may elect to become subject to, and be
governed by, the general law relating to such corporations.

*** SEND ***

*** SSTART 015.0 014.0 0 CO 1876 ***

 SEC. 15. For the purpose of providing for and regulating the compensation of county and
precinct officers, the general assembly shall, by law, classify the several counties of the State
according to population, and shall grade and fix the compensation of the officers within the
respective classes according to the population thereof. Such law shall establish scales of fees to
be charged and collected by such of the county and precinct officers as may be designated
therein, for services to be performed by them respectively; and where salaries are provided the
same shall be payable only out of the fees actually collected in all cases where fees are
prescribed. All fees, perquisites, and emoluments, above the amount of such salaries, shall be
paid into the county treasury.

*** SEND ***
*** AEND ***

*** ASTART 015.0 CO 1876 ***
ARTICLE XV

CORPORATIONS

*** SSTART 001.0 015.0 0 CO 1876 ***

SECTION .1. All existing charters or grants of special or exclusive privileges, under which the
corporators or grantees shall not have organized and commenced business in good faith at the
time of the adoption of this constitution, shall thereafter have no validity.

*** SEND ***

*** SSTART 002.0 015.0 0 CO 1876 ***

SEC. 2 . No charter of incorporations shall be granted, extended, changed or amended by special
law, except for such municipal, charitable, educational, penal, or reformatory corporations as are
or may be under the control of the State, but the general assembly shall provide by general laws
for the organization of corporations hereafter to be created.

*** SEND ***

*** SSTART 003.0 015.0 0 CO 1876 ***

SEC. 3.. The general assembly shall have the power to alter, revoke, or annul any charter of
incorporation now existing and revocable at the adoption of this constitution, or any that may
hereafter be created, whenever in their opinion it may be injurious to the citizens of the State, in
such manner, however, that no injustice shall be done to the corporators.

*** SEND ***

*** SSTART 004.0 015.0 0 CO 1876 ***

SEC. 4. All railroads shall be public highways, and all railroad companies shall be common
carriers. Any association or corporation organized for the purpose shall have the right to
construct and operate a railroad between any designated points within this State, and to connect
at the State line with railroads of other States and Territories. Every railroad company shall have
the right with its road to intersect, connect with, or cross any other railroad.

*** SEND ***

*** SSTART 005.0 015.0 0 CO 1876 ***

SEC. 5. No railroad corporation, or the lessees or managers thereof, shall consolidate its stock,
property, or franchises with any other railroad corporation owning or having under its control a
parallel or competing line.

*** SEND ***

*** SSTART 006.0 015.0 0 CO 1876 ***

SEC. 6. All individuals, associations, and corporations shall have equal rights to have persons
and property transported over any railroad in this State, and no undue or unreasonable
discrimination shall be made in charges or in facilities for transportation of freight or passengers
within the State, and no railroad company, nor any lessee, manager, or employ‚ thereof, shall
give any preference to individuals, associations, or corporations in furnishing cars or motive-
power.


*** SEND ***

*** SSTART 007.0 015.0 0 CO 1876 ***

SEC. 7. No railroad or other transportation company in existence at the time of the adoption of
this constitution shall have the benefit of any future legislation without first filing in the office of
the secretary of state an acceptance of the provisions of this constitution in binding form.

*** SEND ***

*** SSTART 008.0 015.0 0 CO 1876 ***

SEC. 8. The right of eminent domain shall never he abridged, nor so construed as to prevent the
general assembly from taking the property and franchises of incorporated companies and
subjecting them to public use, the same as the property of individuals; and the police powers of
the State shall never be abridged, or so construed as to permit corporations to conduct their
business in such manner as to infringe the equal rights of individuals or the general well-being of
the State.

*** SEND ***

*** SSTART 009.0 015.0 0 CO 1876 ***

SEC. 9. No corporation shall issue stocks or bonds, except for labor done, services performed, or
money or property actually received, and all fictitious increase of stock and indebtedness shall be
void. The stock of corporations shall not be increased except in pursuance of general law, nor
without the consent of the persons holding a majority of the stock, first obtained at a meeting
held after at least thirty days' notice given in pursuance of law.

*** SEND ***

*** SSTART 010.0 015.0 0 CO 1876 ***

SEC. 10. No foreign corporation shall do any business in this State, without having one or more
known places of business, and an authorized agent or agents in the same upon whom process
may be served

*** SEND ***

*** SSTART 011.0 015.0 0 CO 1876 ***

SEC. 11. No street-railroad shall be constructed within any city, town, or incorporated village
without the consent of the local authorities having the control of the street or highway proposed
to be occupied by such street-railroad.

*** SEND ***

*** SSTART 012.0 015.0 0 CO 1876 ***

SEc. 12. The general assembly shall pass no law for the benefit of a railroad or other corporation,
or any individual or association of individuals, retrospective in its operation, or which imposes
on the people of any county or municipal subdivision of the State a new liability in respect to
transactions or considerations already past.

*** SEND ***

*** SSTART 013.0 015.0 0 CO 1876 ***

SEC. 13 Any association or corporation, or the lessees or managers thereof, organized for the
purpose, or any individual, shall have the right to construct and maintain lines of telegraph within
this State, and to connect the same with other lines; and the general assembly shall, by general
law of uniform operation, provide reasonable regulations to give full effect to this section. No
telegraph company shall consolidate with, or hold a controlling interest in, the stock or bonds of
any other telegraph company owning or having the control of a competing line, or acquire, by
purchase or otherwise, any other competing line of telegraph.

*** SEND ***

*** SSTART 014.0 015.0 0 CO 1876 ***

SEC. 14. If any railroad, telegraph, express, or other corporation organized under any of the laws
of this State shall consolidate, by sale or otherwise, with any railroad, telegraph, express, or other
corporation organized under any laws of any other State or Territory, or of the United States, the
same shall not thereby become a foreign corporation, but the courts of this State shall retain
jurisdiction over that part of the corporate property within the limits of the State in all matters
which may arise, as if said consolidation had not taken place.

*** SEND ***

*** SSTART 015.0 015.0 0 CO 1876 ***

SEC. 15. It shall be unlawful for any person, company, or corporation to require of its servants or
employ‚s, as a condition of their employment or otherwise, any contract or agreement whereby
such person, company, or corporation shall be released or discharged from liability or
responsibility on account of personal injuries received by such servants or employ‚s while in the
service of such person, company, or corporation by reason of the negligence of such person,
company, or corporation, or the agents or employ‚s thereof; and such contracts shall be
absolutely null and void.

*** SEND ***

*** AEND ***

*** ASTART 016.0 CO 1876 ***

ARTICLE XVI

MINING AND IRRIGATION

MINING
*** SSTART 001.0 016.0 0 CO 1876 ***

SECTION 1. There shall be established and maintained the office of commissioner of mines, the
duties and salary of which shall be prescribed by law. When said office shall be established the
governor shall, with the advice and consent of the Senate, appoint thereto a person known to be
competent, whose term of office shall be four years.

*** SEND ***

*** SSTART 002.0 016.0 0 CO 1876 ***

SEC. 2. The general assembly shall provide by law for the proper ventilation of mines, the
construction of escapement-shafts, and such other appliances as may be necessary to protect the
health and secure the safety of the workmen therein, and shall prohibit the employment in the
mines of children under twelve years of age.

*** SEND ***

*** SSTART 003.0 016.0 0 CO 1876 ***

SEC. 3. The general assembly may make such regulations from time to time as may be necessary
for the proper and equitable drainage of mines.

*** SEND ***

*** SSTART 004.0 016.0 0 CO 1876 ***

SEC. 4. The general assembly may provide that the science of mining and metallurgy be taught in
one or more of the institutions of learning under the patronage of the State.


*** SEND ***

*** SSTART 005.0 016.0 0 CO 1876 ***


SEC. 5. The water of every natural stream not heretofore appropriated within the State of
Colorado is hereby declared to be the property of the public; and the same is dedicated to the use
of the people of the State, subject to appropriation as hereinafter provided.

*** SEND ***

*** SSTART 006.0 016.0 0 CO 1876 ***

SEC. 6. The right to divert the unappropriated waters of any natural stream to beneficial uses
shall never be denied. Priority of appropriation shall give the better right as between those using
the water for the same purpose; but when the waters of any natural stream are not sufficient for
the service of all those desiring the use of the same, those using the water for domestic purposes
shall have the preference over those claiming for any other purpose, and those using the water for
agricultural purposes shall have preference over those using the, same for manufacturing
purposes.

*** SEND ***

*** SSTART 007.0 016.0 0 CO 1876 ***

SEC. 7. All persons and corporations shall have the, right of way across public, private, and
corporate lands for the construction of ditches, canals, and flumes, for the purpose of conveying
water for domestic purposes, for the irrigation of agricultural lands, and for mining and
manufacturing purposes, and for drainage, upon payment of just compensation.

*** SEND ***                     

*** SSTART 008.0 016.0 0 CO 1876 ***

SEC. 8. The general assembly shall provide by law that the board of county commissioners, in
their respective counties, shall have power, when application is made to them by either party
interested, to establish reasonable maximum rates to be charged for the use of water, whether
furnished by individuals or corporations.

*** SEND ***

*** AEND ***
                              
*** ASTART 017.0 CO 1876 ***

ARTICLE XVII

MILITIA
*** SSTART 001.0 017.0 0 CO 1876 ***

SECTION 1. The militia of the State shall consist of all able-bodied male residents of the State
between the ages of eighteen and forty-five years, except such persons as may be exempted by
the laws of the United States or of the State.
     
*** SEND ***

*** SSTART 002.0 017.0 0 CO 1876 ***

SEC. 2. The organization, equipment and discipline of the militia shall conform, as nearly as
practicable, to the regulations for the government of the armies of the United States.

*** SEND ***

*** SSTART 003.0 017.0 0 CO 1876 ***

SEC. 3. The governor shall appoint all general, field, and staff officers, and commission them.
Each company shall elect its own officers, who shall be commissioned by the governor; but if
any company shall fail to elect such officers within the time prescribed by law, they may be
appointed by the governor.

*** SEND ***

*** SSTART 004.0 017.0 0 CO 1876 ***

SEC. 4. The general assembly shall provide for the safe-keeping of the public arms, military
records, relics, and banners of the State.

*** SEND ***

*** SSTART 005.0 017.0 0 CO 1876 ***

SEC. 5. No person having conscientious scruples against bearing arms shall be compelled to do
militia duty in time of peace: Provided, Such person shall pay an equivalent for such exemption.

*** SEND ***
*** AEND ***

*** ASTART 018.0 CO 1876 ***

ARTICLE XVIII
MISCELLANEOUS

*** SSTART 001.0 018.0 0 CO 1876 ***

SECTION 1. The general assembly shall pass liberal homestead and exemption laws.

*** SEND ***

*** SSTART 003.0 018.0 0 CO 1876 ***

SEC. 2. The general assembly shall have no power to authorize lotteries or gift enterprises for
any purpose, and shall pass laws to prohibit the sale of lottery or gift-enterprise tickets in this
State.

*** SEND ***

*** SSTART 003.0 018.0 0 CO 1876 ***

SEC. 3. It shall be the duty of the general assembly to pass such laws as may be necessary and
proper to decide differences by arbitrators, to be appointed by mutual agreement of the parties to
any controversy, who may choose that mode of adjustment. The powers and duties of such
arbitrators shall be as prescribed by law.

*** SEND ***

*** SSTART 004.0 018.0 0 CO 1876 ***

SEC. 4. The term felony, wherever it may occur in this constitution or the laws of the State, shall
be construed to mean any criminal offence punishable by death or imprisonment in the
penitentiary, and none other.

*** SEND ***

*** SSTART 005.0 018.0 0 CO 1876 ***

SEC. 5. The general assembly shall prohibit by law the importation into the State, for the purpose
of sale, of any spurious, poisonous, or drugged spirituous liquors, or spirituous liquors
adulterated with any poisonous or deleterious substance, mixture, or compound; and shall
prohibit the compounding or manufacture within this State, except for chemical or mechanical
purposes, of any of said liquors, whether they be denominated spirituous, vinous, malt, or
otherwise; and shall also prohibit the sale of any such liquors to be used as a beverage; and any
violation of either of said prohibitions shall be punished by fine and imprisonment. The general
assembly shall provide by law for the condemnation and destruction of all spurious, poisonous,
or drugged liquors herein. prohibited.

*** SEND ***

*** SSTART 006.0 018.0 0 CO 1876 ***

SEC. 6. The general assembly shall enact laws in order to prevent the destruction of, and to keep
in good preservation, the forests upon the lands of the State, or upon lands of the public domain,
the control of which shall be conferred by Congress upon the State.

*** SEND ***

*** SSTART 007.0 018.0 0 CO 1876 ***

SEC. 7. The general assembly may provide that the increase in the value of private lands, caused
by the planting of hedges, orchards, and forests thereon, shall not, for a limited time, to be fixed
by law, be taken into account in assessing such lands for taxation.

*** SEND ***

*** SSTART 008.0 018.0 0 CO 1876 ***

SEC. 8. The general assembly shall provide for the publication of the laws passed at each session
thereof; and, until the year 1900, they shall cause to be published in Spanish and German a
sufficient number of copies of said laws to supply that portion of the inhabitants of the State who
speak those languages, and who may be unable to read and understand the English language.

*** SEND ***
*** AEND ***

*** ASTART 019.0 CO 1876 ***

ARTICLE XIX

FUTURE AMENDMENTS

*** SSTART 001.0 019.0 0 CO 1876 ***

SECTION 1. The general assembly may, at any time, by a vote of two-thirds of the members
elected to each house, recommend to the electors of the State to vote at the next general election
for or a against a convention to revise, alter, and amend this constitution; and if a majority of
those voting on the question shall declare in favor of such convention, the general assembly shall,
at its next session, provide for the calling thereof. The number of members of the convention
shall be twice that of the senate, and they shall be elected in the same manner, at the same places,
and in the same districts. The general assembly shall, in the act calling the convention, designate
the day, hour, and place of its meeting; fix the pay of its members and officers, and provide for
the payment of the same, together with the necessary expenses of the convention. Before
proceeding the members shall take an oath to support the Constitution of the United States and of
the State of Colorado, and to faithfully discharge their duties as members of the convention. The
qualifications of members shall be the same as of members of the senate, and vacancies
occurring shall be filled in the manner provided for filling vacancies in the general assembly.
Said convention shall meet within three months after such election, and prepare such revisions,
alterations, or amendments to the constitution as may be deemed necessary, which shall be
submitted to electors for their ratification or rejection at an election appointed by the convention
for that purpose, not less than two nor more than six months after the adjournment thereof; and
unless so submitted and approved by a majority of the electors voting at the election, no such
revision, alteration, or amendment shall take effect.

*** SEND ***

*** SSTART 002.0 019.0 0 CO 1876 ***

SEC. 2. Any amendment or amendments to this constitution may be proposed in either house of
the general assembly, and if the same shall be voted for by two-thirds of all the members elected
to each house, such proposed amendments, together with the ayes and noes of each house
thereon, shall be entered in full on their respective journals; and the secretary of state shall cause
the said amendment or amendments to be published in full in at least one newspaper in each
county, (if such there be,) for three months previous to the next general election for members to
the general assembly; and at said election the said amendment or amendments shall be submitted
to the qualified electors of the State for their approval or rejection, and such as are approved by a
majority of those voting thereon shall become part of this constitution; but the general assembly
shall have no power to propose amendments to more than one article of this constitution at the
same session.

*** SEND ***

*** AEND ***

*** ASTART 9003.0 CO 1876 ***

SCHEDULE
That no inconvenience may arise by reason of the change in the form of government, it is hereby
ordained and declared:

*** SSTART 001.0 9003.0 0 CO 1876 ***


SECTION 1. That all laws in force at the adoption of this constitution shall, so far as not
inconsistent therewith, remain of the same force as if this constitution had not been adopted until
they expire by their own limitation, or are altered or repealed by the general assembly; and all
rights actions, prosecutions, claims, and contracts of the Territory of Colorado, counties,
individuals, or bodies-corporate, (not inconsistent therewith,) shall continue as if the form of
government had not been changed and this constitution adopted.

*** SEND ***

*** SSTART 002.0 9003.0 0 CO 1876 ***

SEC. 2. That all recognizances, obligations, and all others instruments entered into or executed
before the admission of the State to the Territory of Colorado, or to any county, school-district, or
other municipality therein, or any officer thereof, and all fines, taxes, penalties, and forfeitures
due or owing to the Territory of Colorado, or any such county, school-district, or municipality, or
officer, and all writs, prosecutions, actions, and causes of action, except as herein otherwise
provided, shall continue and remain unaffected by the change of the form of government. All
indictments which shall have been found, or may hereafter be found, and all informations which
shall have been filed, or may hereafter be filed, for any crime or offence committed before this
constitution takes effect, may be proceeded upon as if no change bad taken place, except as
otherwise provided in the constitution.

*** SEND ***

*** SSTART 003.0 9003.0 0 CO 1876 ***

SEC. 3. That all property, real and personal, and all moneys, credits, claims, and choses in action
belonging to the Territory of Colorado at the adoption of this constitution shall be vested in and
become the property of the State of Colorado.

*** SEND ***

*** SSTART 004.0 9003.0 0 CO 1876 ***

SEC. 4. The general assembly shall pass all necessary laws to carry into effect the provisions of
the constitution.

*** SEND ***

*** SSTART 005.0 9003.0 0 CO 1876 ***

SEC. 5. Whenever any two of the judges of the supreme court of the State, elected or appointed
under the provisions of this constitution, shall have qualified in their office, the causes
theretofore pending in the supreme court of the Territory, and. the papers, records, and
proceedings of said court, and the seal and other property pertaining thereto, shall pass into the
jurisdiction and possession of the supreme court of the State; and, until so superseded, the
supreme court of the Territory, and the judges thereof, shall continue with like powers and
jurisdiction as if this constitution had not been adopted. Whenever the judge of the district court
of any district, elected or appointed under thr provisions of this constitution, shall have qualified
in his office, the several causes theretofore pending in the district court of the Territory, within
any county in such district,
and the records, papers, and proceedings of said district court, and the seal and other property
pertaining thereto, shall pass into the jurisdiction and possession of the district court of the State
for such county, and until the district courts of the Territory shall be superseded in manner
aforesaid, the said district courts and the judges thereof shall continue with the same jurisdiction
and powers to be exercised in the same judicial districts respectively as heretofore constituted
under the laws of the Territory.

*** SEND ***

*** SSTART 006.0 9003.0 0 CO 1876 ***

SEC. 6. The terms of office of the several judges of the supreme and district courts and the
district attorneys of the several judicial districts first elected under this constitution shall
commence from the day of filing their respective oaths of office in the office of the secretary of
state.

*** SEND ***

*** SSTART 007.0 9003.0 0 CO 1876 ***

SEC. 7. Until otherwise provided by law, the seals now in use in the supreme and district courts
of this Territory are hereby declared to be the seals of the supreme and district courts respectively
of the State.

*** SEND ***

*** SSTART 008.0 9003.0 0 CO 1876 ***

SEC. 8.Whenever this constitution shall go into effect, the books, records, papers, and
proceedings of the probate court in each county, and all causes and matters of administration
pending therein, shall pass into the jurisdiction and possession of the county court of the same
county, and the said county court shall proceed lo final decree or judgment, order, or other
determination, in the said several matters and causes as the said probate court might have done if
this constitution had not been adopted. And until the election of the county judges provided for in
this constitution, the probate judges shall act as judges of the county courts within their
respective counties, and the seal of the probate court in each county shall be the seal of the
county court therein until the said court shall have procured a proper seal.

*** SEND ***

*** SSTART 009.0 9003.0 0 CO 1876 ***

SEC. 9. The terms " probate court " or " probate judge," whenever occurring  in the statutes of
Colorado Territory, shall, after the adoption of this constitution, be held to apply to the county
court or county judge; and all laws specially applicable to the probate court in any county shall be
construed to apply to and be in force as to the county court in the same county until repealed.

*** SEND ***

*** SSTART 010.0 9003.0 0 CO 1876 ***

SEC. 10. All county and precinct officers who may be in office at the time of the adoption of this
constitution shall hold their respective offices for the full time for which they may have been
elected, and until such time as their successors may be elected and qualified, in accordance with
the provisions of this constitution, and the official bonds of all such officers shall continue in full
force and effect as though this constitution had not been adopted.

*** SEND ***

*** SSTART 011.0 9003.0 0 CO 1876 ***

SEC. 11. All county offices that may become vacant during the year one thousand eight hundred
and seventy-six, by the expiration of the term of the persons elected to said offices, shall be filled
at the general election on the first Tuesday in October, in the year one thousand eight hundred
and seventy-six, and, except county commissioners, the persons so elected shall hold their
respective offices for the term of one year.

*** SEND ***

*** SSTART 012.0 9003.0 0 CO 1876 ***

SEC. 12. The provisions of this constitution shall be in force from the day on which the President
of the United States shall issue his proclamation declaring the State of Colorado admitted into the
Union; and the governor, secretary, treasurer, auditor, and superintendent of public instruction of
the Territory of Colorado shall continue to discharge the duties of their respective offices after
the admission of the State into the Union until the qualification of the officers elected or
appointed under the State government; and said officers, for the time they may serve, shall
receive the same compensation as the State officers shall by law be paid for like services.

*** SEND ***

*** SSTART 013.0 9003.0 0 CO 1876 ***

SEC. 13. In case of a contest of election between candidates, at the first general election under
this constitution, for judges of the supreme district, or county courts, or district attorneys, the
evidence shall be taken in the manner prescribed by territorial law; and the testimony so taken
shall be certified to the secretary of state, and said officer, together with the governor and
attorney-general, shall review the testimony and determine who is entitled to the certificate of
election.

*** SEND ***

*** SSTART 014.0 9003.0 0 CO 1876 ***

SEC. 14. The votes at the first general election under this constitution for the several offices
provided for in this constitution who are to be elected at the first election shall be canvassed in
the manner prescribed by the territorial law for canvassing votes for like officers. The votes cast
for the judges of the supreme and district courts and district attorneys shall be canvassed by, the
county canvassing-board in the manner prescribed by the territorial law for canvassing the votes
for members of the general assembly; and the county clerk shall transmit the abstract of votes to
the secretary of the Territory, acting as secretary of state, under the same regulations as are
prescribed by law for sending the abstracts of votes for territorial officers; and the aforesaid
acting secretary of state, auditor, treasurer, or any two of them, in the presence of the governor,
shall proceed to canvass the votes, under the regulations of sections thirty-five and thirty-six of
chapter twenty-eight of the revised statutes of Colorado Territory.

*** SEND ***

*** SSTART 015.0 9003.0 0 CO 1876 ***

SEC 15. Senators and members of the house of representatives shall be chosen by the qualified
electors of the several senatorial and representative districts, as established in this constitution,
until such districts shall be changed by law, and thereafter by the qualified electors of the several
districts as the same shall be established by law.

*** SEND ***

*** SSTART 016.0 9003.0 0 CO 1876 ***

SEC. 16. The votes cast for Representatives in Congress at the first election held under this
constitution shall be canvassed and the result determined in the manner provided by the laws of
the territory for the canvass of votes for Delegate in Congress.

*** SEND ***

*** SSTART 017.0 9003.0 0 CO 1876 ***

SEC. 17. The provision of the constitution that no bill, except the general appropriation bill,
introduced in either house after the first twenty-five days of the session, shall become a law, shall
not apply to the first session of the general assembly; but no bill, introduced in either house at the
first session of the general assembly after the first fifty days thereof, shall become a law.

*** SEND ***

*** SSTART 018.0 9003.0 0 CO 1876 ***

SEC. 18. A copy of the abstracts of the votes cast at the first general election held tinder this
constitution shall, by the county clerks of the several counties, be returned to the secretary of the
Territory immediately after the canvass of said votes in their several counties; and the secretary,
auditor, and treasurer of the Territory, or any two of them, shall, on the twenty-fifth day after the
election, meet at the seat of government and proceed to canvass the votes cast for members of the
general assembly. and determine the result thereof.

*** SEND ***

*** SSTART 019.0 9003.0 0 CO 1876 ***

SEC. 19. The general assembly shall, at their first session, immediately after the organization of
the two houses, and after the canvass of the votes for the officers of the executive department,
and before proceeding to other business, provide, by act or joint resolution, for the appointment
by said general assembly of electors in the electoral college; and such joint resolution, or the bill
for such enactment, may be passed without being printed, or referred to any committee, or read
on more than one day in either house, and shall take effect immediately after the concurrence of
the two houses therein; and the approval of the governor thereto shall not be necessary.

*** SEND ***

*** SSTART 020.0 9003.0 0 CO 1876 ***

SEC. 20. The general assembly shall provide that after the year one thousand eight hundred and
seventy-six the electors of the electoral college shall be chosen by direct vote of the people.

*** SEND ***

*** SSTART 021.0 9003.0 0 CO 1876 ***

SEC. 21. The general assembly shall have power, at their first session, to provide for the payment
of the expenses of this convention, if any there be then remaining unpaid.

*** SEND ***

*** SSTART 022.0 9003.0 0 CO 1876 ***

SEC. 22. All recognizances, bail-bonds, official bonds, and other obligations or undertakings
which have been, or at any time before the admission of the State shall be, made or entered into
and expressed to be payable to the people of the Territory of Colorado, shall continue in full
force, notwithstanding the change in the form of government; and any breach thereof, whenever
occurring may, after the admission of the State, be prosecuted in the name of the people of the
State.

*** SEND ***

*** AEND ***
*** ASTART 9016.0 CO 1876 ***

Done in convention, at the city of Denver, Colorado, this fourteenth day of March, in the year of
our Lord one thousand eight hundred and seventy-six, and of the Independence of the United
States the one hundredth.
In witness whereof we have hereunto subscribed our names.
Attest:   J. C. Wilson, President.

W. W. COULSON, Secretary. HERBERT STANLEY~ First Assistant Secretary. H. A.
TERPENNING, Second Assistant Secretary.

*** AEND ***
*** CEND ***