SEC. 21. The members of the first Legislature shall hold office until the first Monday in January, 1913. The terms of office of the members of succeeding Legislatures shall be two years.

SEC. 22. Until otherwise provided by law, members of the Legislature shall receive seven dollars per day; Provided, however, that they shall receive such salary for a period not to exceed sixty days in any one session. They shall also receive mileage one way, by the shortest practicable route, at the rate of twenty cents per mile.

SEC. 23. It shall not be lawful for any person holding public office in this State to accept or use a pass or to purchase transportation from any railroad or other corporation, other than as such transportation may be purchased by the general public; Provided, that this shall not apply to members of the National Guard of Arizona traveling under orders. The Legislature shall enact laws to enforce this provision.

SEC. 24. The enacting clause of every bill enacted by the Legislature shall be as follows: "Be it enacted by the Legislature of the State of Arizona," or when the Initiative is used: "Be it enacted by the People of the State of Arizona."

ARTICLE V.

EXECUTIVE DEPARTMENT.

SEC. 1. The Executive Department of the State shall consist of Governor, Secretary of State, State Auditor, State Treasurer, Attorney-General, and Superintendent of Public Instruction, each of whom shall hold his office for two years beginning on the first Monday of January next after his election, except that the terms of office of those elected at the election provided for in the Enabling Act approved June 20, 1910, shall begin when the State shall be admitted into the Union, and shall end on the first Monday in January, A.D. 1913, or when their successors are elected and qualified.

The persons, respectively, having the highest number of votes cast for the office voted for shall be elected; but if two or more persons shall have an equal and the highest number of votes for any one of said offices, the two Houses of the Legislature at its next regular session shall elect forthwith, by joint ballot, one of such persons for said office.

The officers of the Executive Department during their terms of office shall reside at the seat of government, where they shall keep their offices and the public records, books, and papers. They shall perform such duties as are prescribed by this Constitution and as may be provided by law.

SEC. 2. No person shall be eligible to any offices mentioned in Section 1 of this article except a male person of the age of not less than twenty-five years, who shall have been for ten years next preceding his election a citizen of the United States and for five years next preceding his election a citizen of Arizona.

SEC. 3. The Governor shall be commander-in-chief of the military forces of the State. except when such forces shall be called into the service of the United States.

SEC. 4. The Governor shall transact all executive business with the officers of the Government, civil and military, and may require information in writing from the officers in the Executive Department upon any subject relating to the duties of their respective offices. He shall take care that the laws be faithfully executed. He may convene the Legislature in extraordinary session. He shall communicate, by message, to the Legislature at every session the condition of the State, and recommend such matters as he shall deem expedient.

SEC. 5. The Governor shall have power to grant reprieves, commutation, and pardons, after convictions, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as may be provided by law.

SEC. 6. In case of the impeachment of the Governor, or his removal from office, death. inability to discharge the duties of his office, resignation, or absence from the State, the powers and duties of the office shall devolve upon

the Secretary of State until the disability ceases, or during the remainder of the term.

SEC. 7. Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor. If he approve, he shall sign it, and it shall become a law as provided in this Constitution. But if he disapprove, he shall return it, with his objections, to the House in which it originated, which shall enter the objections at large on the journal. If after reconsideration it again passes both Houses by an aye and nay vote on roll call of two-thirds of the members elected to each House, it shall become a law as provided in this Constitution, notwithstanding the Governor's objections. This Section shall not apply to emergency measures as referred to in Section 1 of the Article on the Legislative Department.

If any bill be not returned within five days after it shall have been presented to the Governor (Sunday excepted) such bill shall become a law in like manner as if he had signed it, unless the Legislature by its final adjournment prevents its return, in which case it shall be filed with his objections in the office of the Secretary of State within ten days after such adjournment (Sundays excepted) or become a law as provided in this Constitution. After the final action by the Governor, or following the adoption of a bill notwithstanding his objection, it shall be filed with the Secretary of State.

If any bill presented to the Governor contains several items of appropriations of money, he may object to one or more of such items, while approving other portions of the bill. In such case he shall append to the bill at the time of signing it, a statement of the item or items which he declines to approve together with his reasons therefor, and such item or items shall not take effect unless passed over the Governor's objections as in this section provided.

The veto power of the Governor shall not extend to any bill passed by the Legislature and referred to the people for adoption or rejection.

SEC. 8. When any office shall, from any cause, become vacant, and no mode shall be provided by the Constitution or by law, for filling such vacancy, the Governor shall have the power to fill such vacancy by appointment.

SEC. 9. The powers and duties of Secretary of State, State Treasurer, State Auditor. Attorney-General, and Superintendent of Public Instruction shall be as prescribed by law.

SEC. 10. No person shall be eligible to succeed himself to the office of State Treasurer for the succeeding two years after the expiration of the term for which he shall have been elected.

SEC. 11. The returns of the election for all State officers shall be canrassed, and certificates of election issued by the Secretary of State, in such manner as may be provided by law.

SEC. 12. All commissions shall issue in the name of the State, and shall be signed by the Governor, sealed with the seal of the State, and attested by the Secretary of State.

SEC. 13. Until otherwise provided by law the salaries of the State officers shall be as follows:

Governor, four thousand dollars per annum.

Secretary of State, three thousand five hundred dollars per annum.

State Auditor, three thousand dollars per annum.

State Treasurer, three thousand dollars per annum.

Attorney-General, twenty-five hundred dollars per annum.

Superintendent of Public Instruction, twenty-five hundred dollars per annum.

ARTICLE VI.

JUDICIAL DEPARTMENT.

SEC. 1. The judicial power of the State shall be vested in a supreme court, superior courts, justices of the peace, and such courts inferior to the superior courts as may be provided by law.

SEC. 2. The Supreme Court shall consist of three judges, a majority of whom shall be necessary to form a quorum and pronounce a decision. The said

court shall always be open for the transaction of business, except on nonjudicial days. In the determination of causes, all decisions of the court shall be given in writing, and the grounds of the decisions shall be stated. The number of judges may be increased or diminished from time to time by law; Provided, that said court shall at all times be constituted of at least three judges.

SEC. 3. Judges of the Supreme Court shall be elected at the general election to be held under the provisions of the Enabling Act approved June 20, 1910. Their term of office shall be co-terminous with that of the Governor of the State elected at the same time, and the one receiving the highest number of votes shall be the chief justice. At the first general State election thereafter held under this Constitution, at which a Governor is voted for, three judges of the Supreme Court shall be elected, and the judges elected thereat shall be classified by lot, so that one shall hold office for a term of six years, one for a term of four years, and one for a term of two years, from and after the first Monday in January next succeeding said election. The lot shall be drawn by the judges-elect, who shall assemble for that purpose at the State Capitol, and shall cause the results to be certified to the Secretary of State, who shall file the same in his office.

The judge having the shortest time to serve, and not holding his office by appointment or by election to fill a vacancy, shall be the chief justice, and shall preside at all sessions of the Supreme Court. In case of absence of the chief justice, the judge having in like manner the shortest time to serve shall preside.

After the first State election one judge shall be elected every two years at the general election, and the term of the judge elected shall be six years from and after the first Monday in January next succeeding his election, and judges so elected shall hold office until their successors are elected and qualify. If a vacancy occur in the office of judge of the Supreme Court, the Governor shall appoint a person to fill such vacancy, until the election and qualification of a judge to hold said office, which election shall take place at the next succeeding general election, and the person so elected shall hold office for the remainder of the unexpired term.

Whenever for any reason any judge shall be disqualified from acting in any cause brought before said court, the remaining judges of said court shall call one of the judges of the Superior Court to sit with them on the hearing of said cause.

The sessions of the Supreme Court shall be held at the seat of government. The judges of the Supreme Court shall be elected at the general State election by the qualified electors of the State at large. The names of all candidates for the office of judge of the Supreme Court shall be placed on the regular ballot in alphabetical order without partisan or other designation except the title of the office.

SEC. 4. The Supreme Court shall have original jurisdiction in habeas corpus, and quo warranto and mandamus as to all State officers. It shall have appellate jurisdiction in all actions and proceedings, but its appellate jurisdiction shall not extend to civil actions at law for recovery of money or personal property where the original amount in controversy, or the value of the property, does not exceed the sum of two hundred dollars, unless the action involves the validity of a tax, impost, assessment, toll, municipal fine, or statute.

The Supreme Court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction. The Supreme Court shall have original and exclusive jurisdiction to hear and determine all causes between counties concerning disputed boundaries and surveys thereof, or concerning claims of one county against another. Such trials shall be to the court without a jury.

Each judge of the Supreme Court shall have power to issue writs of habeas corpus to any part of the State upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable before

himself, or before the Supreme Court, or before any superior court of the State or any judge thereof.

SEC. 5. There shall be in each of the organized counties of the State a superior court, for which at least one judge shall be elected by the qualified electors of the county at the general election; Provided, that for each county having a census enumeration greater than thirty thousand inhabitants, one judge of the superior court for every additional thirty thousand inhabitants, or majority fraction thereof, may be provided by law. In any county where there shall be more than one judge of the superior court, there may be as many sessions of the superior court at the same time as there are judges thereof, and the business of the court shall be so distributed and assigned by law, or in the absence of legislation therefor, by such rules and orders of the court as shall best promote and secure the convenient and expeditious transaction thereof.

The judgment, decrees, orders, and proceedings of any session of the superior court held by any one or more of the judges of such court shall be equally effectual as if all the judges of said court had presided at such session.

The first judges of the superior court shall be elected at the general election to be held under the provisions of the Enabling Act approved June 20, 1910. Their term of office shall be co-terminous with that of the Governor of the State elected at the same time. Thereafter the term of office of all judges of the superior court shall be four years, from and after the first Monday in January next succeeding their election and until their successors are elected and qualify.

All judges of the superior court shall be elected at the general State election by the qualified electors of their respective counties. The names of all candidates for the office of judge of the superior court shall be placed on the regular ballot in alphabetical order, without any partisan or other designation except the title of the office. If a vacancy occur in the office of judge of the superior court, the Governor shall appoint a person to fill the vacancy until the election and qualification of a judge to hold said office, which election shall be at the next succeeding general election, and the judge so elected shall hold office for the remainder of the unexpired term.

SFC. 6. The superior court shall have original jurisdiction in all cases of equity and in all cases at law which involve the title to, or the possession of. real property, or the legality of any tax, impost. assessment, toll, or municipal fine, and in all other cases in which the demand, or the value of the property in controversy amounts to two hundred dollars exclusive of interests and costs, and in all criminal cases amounting to felony, and in all cases of misdemeanor not otherwise provided for by law; of actions of forcible entry and detainer; of proceedings in insolvency; of actions to prevent or abate nuisance: of all matters of probate; of divorce and for annulment of marriage; and for such special cases and proceedings as are not otherwise provided for.

The superior court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court; and said court shall have the power of naturalization and to issue papers therefor. Said court shall have such appellate jurisdiction in cases arising in justices' and other inferior courts in their respective counties as may be prescribed by law. The process of said court shall extend to all parts of the State.

The superior court shall have exclusive original jurisdiction in all proceedings and matters affecting dependent, neglected, incorrigible, or delinquent children, or children accused of crime, under the age of eighteen years. The judges of said courts must hold examinations in chambers of all such children concerning whom proceedings are brought, in advance of any criminal prosecution of such children, and shall have the power, in their discretion, to suspend criminal prosecution for any offenses that may have been committed by such children. The powers of said judges to control such children shall be as prescribed by law.

The superior court shall at all times, except on non-judicial days, be

open for the determination of non-jury civil causes and for the transaction of business. For the determination of civil causes and matters in which a jury demand has been entered, and for the trial of criminal causes, a trial jury shall be drawn and summoned from the body of the county at least three times a year.

Superior courts and their judges shall have the power to issue writs of mandamus, quo warranto, review, certiorari, prohibition, and writs of habeas corpus on petition by, or on behalf of, any person in actual custody in their respective counties. Injunctions, attachments, and writs of prohibition and of habeas corpus may be issued and served on legal holidays and non-judicial days. Grand juries shall be drawn and summoned only by order of the superior court.

SEC. 7. The judge of any superior court may hold a superior court in any county at the request of the judge of the superior court thereof, and, in case of the disqualification or the inability of the judge thereof to serve, and upon the request of the Governor, shall do so.

SEC. 8. Any judicial officer who shall absent himself from the State for more than sixty consecutive days shall be deemed to have forfeited his office; Provided, that in case of extreme necessity, the Governor may extend the leave of absence such time as the necessity therefor shall exist.

SEC. 9. The number of justices of the peace to be elected in incorporated cities and towns, and in precincts, and the powers, duties, and jurisdiction of justices of the peace, shall be provided by law; Provided, that such jurisdiction granted shall not trench upon the jurisdiction of any court of record, except that said justices shall have concurrent jurisdiction with the superior court in cases of forcible entry and detainer, where the rental value does not exceed twenty-five dollars per month, and where the whole amount of damages claimed does not exceed two hundred dollars; and Provided that justices of the peace may be made police justices of incorporated cities and towns, Prosecution may be instituted in courts other than courts of record upon sworn complaint.

SEC. 10. The Supreme Court and superior courts shall be courts of record. Other courts of records may be established by law, but courts of justices of the peace shall not be courts of record.

The salaries of the judges of the Supreme Court shall be paid by the State. One-half of the salary of each of the judges of the superior court shall be paid by the State, and the other one-half by the county for which he is elected. Until otherwise provided by law, each of the judges of the Supreme Court shall receive an annual salary of five thousand dollars. Until otherwise provided by law, the judges of the superior courts in and for the counties of Maricopa, Pima, Yavapai, Gila, and Cochise shall each receive four thousand dollars per annum; the judge of the superior court in and for the county of Greenlee shall receive three thousand five hundred dollars per annum; and the judges of the superior courts in and for the counties of Coconino, Apache, Navajo, Santa Cruz, Yuma, Pinal, Graham, and Mohave shall each receive three thousand dollars per annum.

SEC. 11. Judges of the Supreme Court and judges of the superior courts shall not be eligible to any office or public employment other then a judicial office of employment, during the term for which they shall have been elected.

SEC. 12. Judges shall not charge juries with respect to matters of fact nor comment thereon, but shall declare the law.

No judge of a court of record shall practice law in any court in this. State during his continuance in office.

SEC. 13. No person shall be eligible for the office of judge of the Supreme Court, unless he shall be learned in the law, at least thirty years of age, and shall have been a judge of, or admitted to practice before, the highest, court of Arizona for at least five years, and shall have been a resident of Arizona for five years next preceding his election.

No person shall be eligible for the office of judge of the superior court. unless he shall be learned in the law, at least twenty-five years of age, and shall