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 Another Random Document on
Scribd Without Any Related Topics
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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.
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.

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.

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.

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.

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.

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.

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.

MISCELLANEOUS.

Sec. 27. The judges of courts of record inferior to the Supreme

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.

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.

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.

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.”

ARTICLE VII.

SUFFRAGE AND ELECTIONS.

Section 1. Every male person over the age of twenty-one 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.

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.

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.

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.
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.

Sec. 6. No person except a qualified elector shall be elected or

appointed to any civil or military office in the State.

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.

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 enquire 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.

Sec. 9. In trials of contested elections, and for offenses 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.

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.

Sec. 11. The General Assembly shall pass laws to secure the purity of
elections, and guard against abuses of the elective franchise.

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.

ARTICLE VIII.

STATE INSTITUTIONS.

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.

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.

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.

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.

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.

ARTICLE IX.
 EDUCATION.

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.

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.

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
amongst 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.

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.
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 purpose.

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.

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 purpose.

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.

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.

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.

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.

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.”

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 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.

Sec. 14. The Board of Regents shall have the general supervision of
the University, and the exclusive control and direction of all funds of,
and appropriations to, the University.

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.

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.

ARTICLE X.

REVENUE.

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

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 such 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.

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

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.

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

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.

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.

Sec. 9. The power to tax corporations and corporate property, real

and personal, shall never be relinquished or suspended.

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.

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.

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.

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.

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

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.

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.

ARTICLE XI.

PUBLIC INDEBTEDNESS.

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.

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 fines, 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.
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
aggregate 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.

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.
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.

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 properly 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.

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.

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, aldermen, 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.

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.

ARTICLE XII.

OFFICERS.

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.

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.

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.

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.
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 of 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.

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 the Constitution, and shall
incur the disabilities provided thereby for such offense, and such
additional punishment as is or shall be prescribed by law.

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.

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 of
the State of Colorado, and to faithfully perform the duties of the
office upon which he shall be about to enter.

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.

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.

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.

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.

ARTICLE XIII.

IMPEACHMENTS.
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.

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 judgment 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.

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.

ARTICLE XIV.

COUNTIES.

Section 1. The several counties of the Territory of Colorado, as they

now exist, are hereby declared to be counties of the State.

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.

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.

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 from which such new county shall
be formed.

Sec. 5. When any part of the 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.

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

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.

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.

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.

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 Peace 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.

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.

Sec. 13. The General Assembly shall provide, by general laws, for the
organization and classification of cities and towns. The number of
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