Abbildungen der Seite

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 Districts 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 compensation 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 the 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 there after, 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 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 suoh manner as may be prescribed by law. Writs of error shall lie from the Supreme Court to every inal 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 popu. lation 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.


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.”


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 subsequent sessions, enact laws to extend the right of suffrage to women of rightful 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 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 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, desig. nate 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.


State Institution.

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,

« ZurückWeiter »