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The Original 1878 Washington State Constitution
Disclaimer: Although this is an attested true electronic copy of the original 1878 Washington
State Constitution, the webmaster has not been able to personally verify this entire document's accuracy.
If anyone has knowledge of any discrepancies in this document, please notify the webmaster as soon as possible.
Preamble
Boundaries
Distribution of powers
Suffrage and Elections
Declaration of Rights
Legislative Powers
Executive Powers
Judicial Powers
Administrative Details
Officers
Education
Finances
Corporations
State Institutions
Miscellaneous
Amendments
Schedule
Ordinance
Resolutions
Preamble
We the people, grateful to the Supreme Ruler of the Universe for our freedom in order to be secure and perpetuate its
blessings, form a more independent and perfect government, establish justice, insure tranquility, provide for the common
defense and promote the general welfare, do ordain and establish this Constitution for the State of Washington.
Article I. Boundaries
The Boundaries of the
State of Washington shall be as follows: Commencing one marine league west from
the mouth of the middle of the north ship channel of the Columbia river, thence
along the northern boundary of the State of Oregon, up said river to where the
forty sixth parallel of north latitude intersects the same near the mouth of the
Walla Walla river, thence east along the said parallel to where it intersects
the middle of the main channel of Snake river. Then southerly, along said
channel of Snake river to where it intersects the forty-fifth parallel of north
latitude, thence east, along said parallel, to where it intersects the meridian
thirty-seven degrees and thirty minutes west, thence north along said meridian,
to where it intersects the crest of the Bitter Root range of mountains, thence
north-westerly, along the crest of said mountains, to where it intersects the
British Possessions, thence westerly along the line of the British Possessions
to a point one marine league west from the mouth of the middle of the channel of
the Straits of Juan de Fuca, thence southerly at a distance of one marine league
west from the east 3 shore of the Pacific Ocean to the place of beginning
including all islands and parts of islands within said boundaries within the
jurisdiction of the United States
Article II Eminent Domain
Section 1.
The State shall have concurrent jurisdiction to all rivers bordering on the
state, so far as such rivers shall form a common boundary to the state and any
other state or territory, now ore hereafter to be formed, and bounded by the
same. [Deleted from document, see notes at end].
Section 2.
The
title is all lands and other property which has accrued to the Territory of
Washington, by gift, grant, purchase, forfeiture, or otherwise, shall vest in
the state.
Section 3.
The people of the state, in their right of
sovereignty, are declared to possess the ultimate property in and to all lands
within the jurisdiction of the state, and all lands, the title to which shall
fail from a defect of heirs, shall revert or escheat to the state.
Article III Distribution of Powers
Section 1.
The Government of the state shall be divided into
three separate and distinctive departments to wit: the Legislative, the
Executive, and the Judicial.
Section 2.
No person or collection
of persons, holding any position in or exercising any authority under one of
these departments, shall hold any office in, or exercise any authority whatever
under either of the others, except such as may be express provided in this
constitution.
Article IV. Suffrage and Elections
Section 1.
Every male person over the age of twenty-one years,
belonging to either of the following classes, who shall have resided in the
state for six months next presiding an election shall be deemed a qualified
elector at such election.
1st Citizens of the United States.
2nd,
Persons of foreign birth who shall have declared their intention to become
citizens conformably to the laws of the United States on the subject of
naturalization six months before offering to vote.
3rd, Persons of mixed
white and indian blood who have adopted the customs and habits of civilization.
The Legislatures may prescribe additional qualifications for electors of
municipal and school district elections.
Section 2.
For the
purpose of voting, no person shall be deemed to have gained a residence by
reason of his presence, or have 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 prison.
Section 3.
Voters shall in all cases except treason, felony or breaches of the peace,
be privileged from arrest during their attendance at elections, and in going to
or returning therefrom
Section 4.
No person except a qualified
elector, shall be elected or appointed to any civil office in the state.
Section 5.
The general election shall be held biennially on the
first Tuesday next succeeding the first Monday in November.
Section
6.
All elections by the people shall be by ballot, and a plurality of
votes shall elect in all cases except where the person who shall receive them
shall be ineligible, shall be declared elected. Elections by persons in their
representative capacity shall be via voice and a majority shall be necessary to
an election.
Section 7.
No idiot or insane person shall be
entitled to the privilege of an elector.
Section 8.
Laws shall be
passed excluding from the right to suffrage, all persons who have been or may be
convicted of bribery, perjury or any infamous crimes, and depriving every person
who shall make , or become directly, or indirectly interested, in any bet or
wager depending upon the result of any election, of the right to vote at such
election.
Section 9.
The Legislature shall pass laws to preserve
the purity of elections, and to guard against the abuse of this defective
franchise, and shall for that purpose have power to pass laws of registration.
Article V Declaration of Rights
Section 1.
All political power is inherent in the people, and all
free governments were founded on their authority.
Section 2.
The
people in this state have the sole right to alter or abolish their constitution
and form of government whenever they deem it necessary to the safety and
happiness provided such changes be not repugnant to the Constitution of the
United States.
Section 3.
All persons are by nature free, and
equally entitled to certain natural rights; among which are, those of enjoying
and defending their lives and liberties, of acquiring, possessing, and
protecting property, and seeking and obtaining happiness. To secure these
rights, governments are instituted, deriving their just powers from the consent
of the governed.
Section 4.
All persons have a natural and
indefensable right to worship God according to the dictates of their
consciences. No person shall be compelled to attend, erect, or support any place
of worship against his consent and no preference shall be given by law to any
religious society, nor shall any interference with the rights of conscience be
permitted. No religious test shall be required as a qualification for office;
nor shall any person be incompetent to be a witness on account of his opinions
on matters of religion; but nothing herein shall be construed to dispense with
oaths or affirmations; but by the liberty of conscience hereby secured shall not
be construed so as to excuse acts of licentiousness or practices inconsistent
with the peace or safety of the state.
Section 5.
No person shall
be deprived of life, liberty or property, without due process of law, or be
denied the equal protection of the law.
Section 6.
No person on
account of law, shall be disqualified to enter upon and pursue any of the lawful
business associations or professions of life.
Section 7.
Every
person may freely speak write and publish his opinions on all subjects being
responsible for the abuse of that liberty; and no laws shall be passed to
restrain or abridge the liberty of speech or of the press. In all prosecutions
for libel, the truth may be given in evidence to the jury, and if it appears
that the matter charged a libelous be true, and was published with good motives
and justifiable ends, the party accused shall be acquitted; and the jury shall
have the right to determine the law and the fact.
Section 8.
No
person shall be held to answer for a criminal offense without due process of
law, and no person for the same offense shall be put twice in jeopardy of
punishment, nor again be put upon trial for the same offense after having been
acquitted by a jury, nor shall be compeled, in any criminal cause, to be a
witness against himself. All persons shall, before conviction in any conviction,
be bailable by sufficient surety, except for murder in the first degree, and
treason, where the proof is evident or the presumption great, and the privilege
of habeas corpus shall not be suspended unless, when, in case of rebellion or
invasion, the public safety may require. The right to trial by jury of twelve
persons shall remain inviolate in all criminal cases. A jury in a civil cause,
in all courts, may consist in less than twelve, as may be prescribed by law, and
the concurrence of three fourths of the whole number of the jury shall be
sufficient for a verdict, provided that the right may be waived by the parties,
in such manner as may be provided by law. Hereafter a grand jury shall consist
of seven persons, any five of whom concurring, may find an indictment, provided,
the legislature may change, regulate, abolish, or re-establish the grand jury
system.
Section 9.
Every person in the state shall be entitled to
a certain remedy in the law, for all wrongs and injuries which he may receive in
his person, character or property; justice shall be administered to all, freely,
and without purchase, completely, and without denial, promptly and without
delay; and all courts shall be open to the public.
Section 10.
The right of the people to be secure in their persons, papers, houses and
effects against unreasonable seizures and searches shall not be violated; and no
warrant shall issue except upon probable cause, supported by oath or affirmation
in writing, describing, as nearly as may be, the place to be searched, and the
person or thing to be seized.
Section 11.
There shall never be in
this state, involuntary servitude, save as punishment for crime, where the party
shall have been duly convicted.
Section 12.
No person shall be
imprisoned for debt except in the case of fraud in contracting the same or an
absconding debtor, having means legally applicable to the due payment of his
debts or some part thereof.
Section 13.
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 have a copy thereof; to
testify in his own behalf, to meet the witnesses against him face to face to
have process to compel the attendance of witnesses in his behalf; and a speedy
just trial by an impartial jury of the county or district in which the offense
is alleged to have been committed.
Section 14.
No bill of
attainder, ex post facto law, or any law impairing the obligation of contracts,
or making any irrevocable grant of special privileges, franchises or immunities,
shall be passed by the legislature.
Section 15.
Private property
shall not be taken or damaged for public use without just compensation; and no
persons particular service shall be required without just payment therefor.
Section 16.
The right of the people to peacefully assemble and
consult for the common good and to petition for the redress of grievance, shall
never be restrained or abridged.
Section 17.
The military shall
always be in strict subordination to the civil powers.
Section 18.
All laws in the possession, enjoyment and decent of the property, shall be
alike applicable to resident aliens and citizens.
Section 19.
The
right of the people to keep and bear arms shall not be infringed, but this shall
not be construed as to justify the carrying of concealed weapons.
Section
20
All elections shall be free and open, and no power, civil or
military, shall interfere to prevent the free exercise of the right of suffrage.
Section 21.
Treason against the state shall consist only in
levying war against the same, or adhering to its enemies, giving them aid and
comfort; and no person shall be convicted of treason unless on the testimony of
two witnesses to the same overt act, or on his own confession in open court.
Section 22.
No person shall be transported out of the state for
any offense committed with the same, and no conviction shall work a corruption
of blood or forfeiture of estate.
Section 23.
All lands within
the state are declared to be allodial, and feudal tenures, with all their
incidents, are prohibited. Liens and grants of agricultural lands for a longer
term than fifteen years, in which rent or services of any kind shall be
reserved, and all fines and like restraints upon alienation reserved in any
grant of land hereafter made, are declared to be void.
Section 24.
No law shall be passed, granting to any citizen or class of citizens,
privileges or immunities which, upon the same terms, shall not equally belong to
all citizens.
Section 25. The operation of the laws shall never be
suspended, except by the authority of the legislature.
Section 26.
The enumeration of this constitution of certain rights, shall not be
construed to deny, impair or disparage others retained by the people.
Article VI Legislative
Section 1.
The legislative power of the state shall be vested in two distinct branches,
the one to style the Senate, and the other the House of Representatives, and
both together the Legislature of the State of Washington. The style of all laws
shall be: Be it enacted by the legislature of the State of Washington.
Section 2.
The number of the members of the House of
Representatives shall never be less than eighteen nor more than sixty. The
Senate shall consist of one-third the number of the members of the House of
Representatives.
Section 3.
The legislatures shall provide by law
for an enumeration of the inhabitants of the state, in the year one thousand
eight hundred and eighty-five, and at the end of every ten years thereafter, and
at its fair session after each enumeration, and after each enumeration made by
authority of the United States, the legislature shall apportion and district
anew the members of the Senate a House of Representatives according to the
numbers of inhabitants, excluding indians not taxed, and soldiers and officers
of the United States army and navy.
Section 4.
Elections for
members of the legislature shall be held biannually. When vacancies occur within
house the governor shall issue writs of election to fill such vacancies.
Section 5.
Senators shall be elected for a term of four years,
and members of the House of representatives for a term of two years, provided,
that the members of both houses first elected shall hold their office until the
time fixed for the meeting of the second legislature, but no longer.
Section 6.
No person shall be a member of the legislature, who
shall not be a qualified elector of the district for which he is chosen, and
who, shall not for at least twelve months next preceding his election, have
resided therein, provided, that any person who at the time of the election of
the constitution is a qualified elector in the county or district for which he
shall be chosen, shall be eligible to the first legislature.
Section
7.
The first legislature shall divide the state into at least ten
legislative districts in each of which one senator and three representatives
shall be elected at the general election then next ensuing, and the districts
shall be of convenient contiguous territory, to be bounded by county precinct or
ward lines, and the number may be increased, but shall never exceed twenty. The
Legislative districts shall e numbered in regular series and the senators chosen
by odd numbered districts shall go out of office at the expiration of the second
year, and the senators chosen in the even numbered districts shall go out of
office at the expiration of the fourth year, and thereafter the senators shall
be chosen for the term of four years. Representatives shall hold their office
for the term of two years. In all elections of representatives, after such
division, each qualified elector may cast as many votes for one candidate as
there are representatives to be elected in the district, or he may distribute
the same, or equal parts thereof, among the candidates as he shall see fit, and
the candidates highest in voters shall be elected. But the legislature may at
any time after the year eighteen hundred and ninety adopt the system known as
preferential system, in the election of representatives and enact such laws as
will be necessary .to carry it into effect. The term of office of senators and
representatives, elected at any time subsequent to the first election, shall
commence at the end of the term of those in office at the time.
Section
8.
Each member of the legislature, as a compensation for his service
shall receive four dollars for each day attendance, and ten cents for each mile
necessarily traveled in going to or returning from the seat of government, and
shall not receive any other compensation, prerequisite or allowance whatever. No
session of the legislature, except the first, shall exceed forty days. The
legislature shall never grant any extra compensation to any public officer,
agent servant or contractor after the service shall have been rendered, or the
contract entered into, nor shall the compensation or mileage of any public
officer be increased or diminished during his term of office.
Section
9.
There shall be biannual sessions of the legislature. Each house shall
be the judge of the elections, returns and qualifications of its own members;
and a majority of each shall constitute a quorum to do business; but a smaller
number may adjourn from day to day, and may compel the attendance of absent
members, in such manner and under such penalties as each house may prescribe.
Section 10.
Each house shall have power to determine its rules of
proceeding 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 solicitations, and
with the concurrence of two thirds of all the members elected, to expel a
member, but not a second time for the same cause; and shall have all other
powers necessary for a co-ordinate branch of the legislature. A member expelled
for corruption, shall not thereafter be eligible to either branch of the same
legislature; and punishment for contempt or disorderly behavior,, shall not bat
a criminal prosecution for the same offense.
Section11.
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 as President.
Section 12.
Each house shall keep a journal of its proceedings
and may, in its discretion, from time to time, publish the same. The doors of
each house shall be kept open, except when the public welfare shall require
secrecy. Neither house shall, without the consent of the other adjourn for more
than three days, nor to any other place that in which the two houses shall be
sitting.
Section 13.
Members of the legislature shall, in all
cases, except treason, felon violation of their oath of office, and breach of
the peace, be privileged from arrest, during their attendance at any session of
the legislature, and in going to and returning from the same, and no member
shall be liable in any criminal action or criminal prosecution whatever for
words spoken in debate.
Section 14.
No act of the legislature
shall take effect until ninety days after the passage, unless a case of
emergency (which shall be expressed in the preamble of the act) the legislature
shall, by a vote of which two-thirds of the members elected , otherwise direct.
No bill, except the appriation bill, for the expenses of the government,
introduced in either house after the expiration of the first thirty days of the
session, shall become a law, unless the same shall be recommended by the
governor by a special message; and no bill, except one recommended, shall be
considered or become a law, unless referred to by a committee returned there
from, and printed for the use of the members.
Section 15.
No
bill, except for general appropriations, shall be passed, containing more than
one subject, which shall be expressed in the 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 expressed.
Sect. 16.
Every bill except one recommended by the governor as aforesaid, and except a
general session of the statutes, shall be read at length at least once in each
house; all substantial amendments thereto shall be printed for the use of the
members before the final vote on the bill; and no bill shall become a law unless
the majority of all the members elected to each house shall vote in its favor;
nor unless, on its final passage, the vote be taken by ayes and noes, and
entered on the journal.
Section 17.
No law shall be revised or
amended by reference to its title alone, but as much thereof as is revised or
extended shall be re-enacted and published at length as amended. The legislature
shall not pass local or special laws in any of the following cases via: for
laying out, opening, altering, or working roads or highways; vacating roads,
town plats, streets, alleys and public grounds, requiring county or precinct
affairs; regulating the practice in courts of justice; regulating the
jurisdiction of justices of the peace, police, magistrates, and constables;
changing the rules of evidence in any trial or inquiry; providing for change of
venue in civil or criminal causes; declaring any person of age, the protection
of game or shell-fish; limitation of civil actions, or giving effect to informal
or invalid deeds, summoning or empanelling jurors; providing for the management
of common schools; regulation the rate of interest on money; the opening of any
election, or designating the place of voting; the sale or mortgage of real
estate belonging to minors or those under disability; chartering or licensing
ferries or toll-bridges; remitting fines, penalties or forfeitures, creating ,
increasing or decreasing fees, percentage or allowance of public officers;
changing the law of descent; granting to any corporations, association or
individual, any special or exclusive privilege, immunity or franchise whatever;
allowing the redemption of real estate sold for taxes or under the final process
of any court.
Section 18.
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 legislature, the title of which shall be
publicly read immediately before signing; and the fact of signing shall be
entered into the journal.
Section 19.
The legislature shall
prescribe by law the number, duties and compensation of the officers and
employees of each house, and no payment shall be made to any officer or
employee, who does not discharge his duties in person.
Section 20.
The legislature shall provide by law that all stationary required for the
use of the state; and all printing and binding authorized and required by them
to be done for their use or for the state, shall be let by contract to the
lowest bidder; but the legislature may establish a maximum price. No member or
officer of any department of the government shall be in any way interested in
any such contract.
Section 21.
Any bills may originate in either
house of the legislature, and a bill passed by one house may be amended by the
other.
Section 22.
The legislature shall never authorize any
lottery, nor grant any divorce. The sale of lottery tickets shall be prohibited
by law.
Section 23.
The general appropriation bill shall embrace
only appropriations for the ordinary expenses of the executive, legislative, and
judicial departments, interest on the public debt, for the purposes of
education. All other appropriations shall be made by separate bill, each
embracing, but one subject.
Section 24.
No money shall be paid
out of the treasury except upon an appropriation by law, and by warrant drawn by
the proper office in pursuance thereof.
Section 25.
The
legislature shall not delegate to any special commission, private corporation or
association, any power to make or interfere with any municipal improvement,
money, or property, or effects, whether held in trust or otherwise, or to levy
taxes or to perform any municipal function whatever.
Section 26.
No act of the legislature shall authorize the investment of trust funds by
executors, administrators, guardians or other trustees, in the bond or stock of
any private corporations.
Section 27.
No obligation or liability
of any person, association, or corporation, held or owned by the state or by any
municipal corporation. Shall be exchanged. Transferred, remitted, released,
postponed or in any way diminished by the legislature, nor shall such liability
or obligation be extinguished except by payment thereof into the proper
treasury.
Section 28.
Every order, resolution or vote, to which
the concurrence of both houses may be necessary, except on the question of
adjournment, or relative solely to the transaction of the business of the two
houses, shall be presented to the governor for his approval; if he disapproves,
he shall return it with his objections to the house on which it originated,
where it shall take the course prescribed in case of a bill.
Section
29.
A member who has a private interest in any bill proposed, or pending
before the legislature shall disclose the fact to the house of which he is a
member, and shall not vote thereon.
Section 30.
The legislature
shall direct by law in what manner and in what courts suits may be brought
against the state.
Section 31.
The legislature shall determine
what persons constitute the militia of the state, and may provide for organizing
and disciplining the same in such manner as may be prescribed by law.
Section 32.
In all elections to be made by the legislature, the
members thereof shall vote viva voce, and this vote shall be entered on the
journal.
Section 33.
The legislature may, by general law, upon
the Board of Commissioners of the several counties, such powers of a local,
legislative and administrative character, as they shall from time to time
prescribe.
Section 34.
The legislature shall pass laws defining
the personal and property rights of married women.
Section 35.
The privilege of the debtor to enjoy the necessary comforts of life shall be
recognized by wholesome laws, exempting a reasonable amount of property from
seizure or sale, for the payment of any debt or liability hereafter contracted.
Article VII Executive
Section 1.
The
supreme executive power of the state shall be vested in a governor, who shall
hold his office for four years, and shall not be eligible to the office for the
next succeeding term.
Section 2
No person shall be eligible to
the office of governor unless he is a citizen of the United States, and shall
have attained the age of thirty years, and has for three years next preceding
his election an inhabitant of the state.
Section 3.
The governor
shall be elected by the qualified electors of the state, at the general election
next preceding the expiration of an executive term. The return of every election
for governor 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 both houses of the
legislature, who shall, for that purpose, assemble in the House of
Representatives. The person having the highest number of votes for said office
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 immediately be chosen
thereto by the two houses on joint ballot, and shall be declared duly elected
governor. Contested elections for governor shall be determined by the two houses
of the legislature, on joint ballot, in such manner as shall be prescribed by
law.
Section 4.
The governor shall be commander-in-chief of the
military and naval forces of the state. He shall have the power to convene the
legislature on extraordinary occasions, by proclamation, stating the purpose for
which it is assembled. But at such session, no business shall be transacted
other than that specially named in the proclamation, and in case of invasion or
insurrection, or danger from the prevalence of contagious disease at the seat of
government, he may convene it at any other place in the state. He shall transact
all necessary business - civil and military. He shall expedite all such measures
as shall be resolved upon the legislature and shall see that the laws are
faithfully executed.
Section 5.
The governor shall have the power
to grant reprieves, commutations, pardons after convictions, for all offences
except treason, upon such conditions and with such restitution and limitations,
as may be provided by law. Upon conviction of any person for treason, he shall
have power to suspend the execution of the sentence until the case shall be
reported to the legislature at its next meeting, when the legislature shall
either pardon or commute the sentence, direct its execution, or grant a further
reprieve. The governor shall communicate to the legislature at each regular
session, every case of reprieve or pardon granted, stating the name of the
convict, the crime of which he was convicted, the sentence and the date, and the
date of the commutation, pardon, reprieve with his reasons for granting the
same.
Section 6.
In case of the failure to qualify, removal from
office, death, or 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 the disability be removed, shall devolve upon the president of
the senate, and if there be no president of the senate, or if, for any of the
above named causes, he shall become incapable of performing the duties of
governor, the office shall devolve upon the speaker of the house of
representatives, with like powers, duties, and emoluments, for the residue of
the term, or until the disability shall be removed.
Section 7.
Every bill passed by the legislature shall, before it becomes law, be
presented to the governor for his approval. If he approve, he shall sign it but,
if not, he shall return the same, with his objections to the house in which it
originated, which house shall enter the objections at large upon its journals,
and proceed to reconsider it. If, after such reconsideration, two-thirds of the
members elected to that house shall agree to pass the bill, it shall be sent
together with the objections, to the other house, by which it shall also be
reconsidered, and, if approved by two-thirds of the number elected to that
house, it shall become a law. In all such cases, the vote of each house shall be
determined by ayes or noes, to be entered into their respected journals. If any
bill shall not be returned by the governor within five days (Sundays excepted),
after it shall have been presented to him, the same shall become law, unless the
legislature, by its adjournment, prevent 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, or else become a law.
Section 8.
The
governor may require information in writing, from the office of the
administration and military departments of the state, upon any subject relating
to the duties of their respective office, which information shall be given upon
oath, whenever required. He may also require information in writing at any time,
under oath from all officers and managers of state institutions. The governor
shall, upon commencement of such sessions, and from time to time by message,
give the legislature, information of the condition of the state, and shall
recommend such measures as he shall deem expedient. He shall also send the
legislature, at the beginning of such session, a statement of all monies of the
state, expended by him or under his direction, and, at the same time, present
estimates of the amount of monies required to be raised by taxation for all
state expenditures.
Article VIII Judicial
Section 1.
The
court for the trial of impeachments shall be comprised of the senate. The House
of Representatives shall have the power of impeaching all civil officers of the
state, for corrupt conduct in office, or for crimes and misdemeanors, but a
majority of all the members elected shall concur in an impeachment. On a trial
of an impeachment against the governor, the chief justice of the supreme court
shall preside. No judicial officers shall exercise his office after he shall be
impeached until his acquittal. Before the trial of an impeachment, the members
of the court shall take an oath or affirmation, truly and impartially to try the
impeachment according to the evidence, and no person shall be convicted without
the concurrence of two-thirds of the members elected. Judgment, in cases of
impeachment, shall not extend than removal; from office, or removal from office
and disqualification to hold any office of honor, profit or trust under the
state, but this shall not prevent the officer from being prosecuted and punished
in the courts according to law.
Section 2.
The judicial power of
the state, both as a matter of law and equity, shall be vested in a supreme
court, circuit court, probate court, justices of the peace, and such Inferior
municipal courts as may be provided by law.
Section 3.
The
supreme court, except in cases otherwise provided in this constitution shall
have appellate jurisdiction in all chancery causes, , and jurisdiction in all
actions at law, civil and criminal, upon writs of error, which shall be
co-extensive with the state, but in no case removed to the supreme court, shall
a trial by jury be allowed. The supreme court shall have a general
superintending control over all inferior courts, under such regulations and
limitations as may be prescribed by law; it shall have the power to issue writs
of habeas corpus, mandamus, injunctions, quo warranto, certiorari, and other
original and remedial writs, and to hear and determine the same.
Section
4.
For the term of four years and thereafter, until the legislature
shall otherwise provide the judges of the several circuit courts shall be
ex-officio judges of the supreme court, a majority of whom shall constitute, a
quorum and a concurrence of a majority of the judges present shall be necessary
to a decision, provided that in the event the court shall be equally divided in
opinion, the cause shall be continued for re-argument, and if upon re-argument,
the court shall again be equally divided in opinion, the judgment below shall be
affirmed.. The legislature shall have power, after the expiration of said terms,
to provide by law for the organization of a separate supreme court, with the
jurisdiction and powers prescribed by the constitution to consist of one chief
justice and two associate justices to be appointed by the governor by and with
the advice and consent of the senate. The supreme court, when as organized,
shall be as classified that one of them shall go out of office at the same time,
and their term of office shall be the same as is provided for judges of the
circuit courts.
Section 5.
The state shall be divided into three
judicial districts, to be composed as follows: The first circuit shall comprise
all that portion of the state lying east of the summit of the cascade mountains.
Except the counties of Klickitat. The second circuit shall comprise the counties
of Chehalis, Clark, Cowlitz, Klickitat, Lewis, Mason, Pacific, Skamania,
Thurston, and Wahkiskum. The third circuit shall comprise of the counties of
Clallam, Island, Jefferson, King, Kitsap, Pierce, San Juan, Snohomish and
Whatcom.
Section 6.
The legislature may alter the limits, or
increase the number of circuits, renaming them as convenient and compact as
practicable, and bounding them by county lines; but no such alteration or
increase shall have the effect to remove a judge from office. In case of an
increase of circuits, the jury or judge shall be elected, as provided in the
constitution, and receive a salary not less than that provided for judges of the
circuit court.
Section 7.
In each circuit there shall be a judge
chosen by the qualified election therein, who shall hold his office as is
provided in the constitution. One of the judges shall be designated as chief
justice, by the governor by and with the advice and consent of the senate. The
judges first chosen under the constitution, shall be elected at the first
general election provided herein for members of the legislature, and shall hold
their office for the term of four years. The legislature shall at its first
session, provide by law, as well for the election of, as for classifying the
judges to be thereafter elected in such a manner that one of said judges shall
go out of office in two years, one in four years, and the remaining judge or
judges in six years, and thereafter the judge or judges elected to fill the
office shall hold the same for six years.
Section 8.
In all cases
submitted in the supreme court, and in all, causes tried by the circuit courts,
without a jury, the judgment or decree shall be rendered at the same term at
which the causes are submitted, or within thirty days thereafter, provided, that
judgments and decrees may be rendered by judges of the circuit courts in
vacation upon confession or upon default for failure to plead or answer.
Section 9.
The circuit courts shall have original jurisdiction in
all matters civil or criminal, within the state, not excepted in this
constitution, and not hereafter prohibited by law; and appellate jurisdiction
from all inferior courts and tribunals; and a supervisory control over the same.
They, and the judges thereof respectively in vacation shall have power to grant
writs of habeas corpus, mandamus, prohibition, injunctions, quo warranto,
certiorari, and other original and remedial writs necessary to carry into effect
their judgments and decrees, and give them a general control over inferior
courts, officers and jurisdiction, and to hear and determine said writs at such
times and in such manner as may be provided by law. Remedies at law must be
administered separately from those in equity.
Section 10.
There
shall be a clerk of the supreme court, appointed by the judges thereof who shall
hold his office during the pleasure of said judges, his compensation shall be
such fees as may be provided by law.
Section 11.
There shall be a
clerk of the circuit court, in each county where such courts are authorized to
be held, who shall be appointed by the judge of the circuit, and who shall hold
his office during the pleasure of said judge. His compensation shall be such
fees as may be provided by law.
Section 12.
When a vacancy shall
occur in the office of judge of the separate supreme court, such vacancy shall
be filled by appointment by the governor, which appointment shall hold good
until a successor is appointed, by and with the advice and consent senate, which
successor shall hold his office for the remainder of the unexpired term.
Section 13.
When a vacancy shall occur in the office of the judge
of the circuit court, such vacancy shall be filled by appointment by the
governor, and the appointee shall hold the remainder of the unexpired term.
Section 14.
The Judges of the supreme and the circuit court,
shall not receive fees of office, or other compensation than their salaries;
they shall not be eligible to any office of public trust, except a judicial
officer, during the term for which they are respectively elected; and all votes
for either, for any officer except a judicial one, given by the legislature or
by the people, shall be void. Every judge shall, before taking his office,
subscribe and file with the secretary of state a written pledge that he will
not, during the term for which he was elected, or appointed, accept any office
of profit or trust-except a judicial officer under the government of the United
States, or under any other state of the union, or under any foreign power. No
person shall be eligible to the office of judge who shall not, at the time of
his election or appointment, be a citizen of the United States, has attained the
age of twenty-five years, and be a qualified elector within the jurisdiction for
which he may be chosen.
Section 15.
The supreme court shall hold
at least one term annually at the seat of government of the state, at such time
as shall be provided by law, and the legislature may provide for holding other
times, and at other places, when they may deem it necessary. The circuit courts
shall hold courts at such times and places as now are or may be prescribed by
law. The judges of the circuit courts terms for each other, and shall do so when
required by law.
Section 16.
The election of the several
precincts, at the time appointed for the election of county commissioners,
shall, in such manner as the legislature may direct, elect justices of the
peace, whose term of office shall be for two years. They 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 of controversy exceeds
the sum of one hundred dollars, nor where the boundaries or title to real estate
may be called in question. The supreme court and circuit courts shall be courts
of record and of general jurisdiction. All inferior courts shall be courts of
special and limited jurisdiction and not of record.
Section 17.
The style of all writs and process shall be "The People of the State of
Washington". All criminal prosecutions shall be carried on in the name and by
the authority of the state.
Section 18.
The legislature shall
provide for the speedy publication of all laws and of the decisions of the
supreme court.
Section 19.
There shall be elected by the
qualified electors of each judicial circuit, at each general election for
members of the legislature, a circuit attorney for such circuit, whose term of
office shall be two years, and whose duties and compensation shall be as
provided by law. No person shall be eligible to the office of circuit attorney
who shall not, at the time of his election, be a qualified elector in the
circuit for which he is elected, and shall have practiced as attorney of a court
of record for at least five years.
Section 20.
All officers
provided for this article, except judges of the separate supreme court, shall
respectively reside in the circuit, county, precinct or city for which they may
be elected or appointed.
Section 21.
There shall be a probate
court in each county, which shall have such jurisdiction in matters relating to
the estates of deceased persons and the persons and estates of minors and
persons of unsound minds, as may be prescribed by law. This court shall consist
of one judge who shall be chosen by the qualified electors of the county, and
shall hold his office for the term of two years. He shall hold courts at such
times, and receive such compensation, as may be provided by law.
Article IX Administrative
Section 1.
There shall be chosen, by the qualified electors of the state a secretary of
state, a state treasurer, and a superintendent of public instruction, who shall
hold his office for a term of four years. They shall during their terms of
office, reside at the seat of government, where shall be kept the public
records, moneys, securities, books and papers of their respective offices.
Section 2.
The secretary of state shall keep a fair record of the
Acts of Legislature, and of the official acts of the executive department; and
shall when required,, lay the same, and all matters relating thereto, before
either branch of the legislature. He shall be, by virtue of his office auditor
of public accounts, and shall perform such other duties as shall be prescribed
by law.
Section 3.
The powers and duties of the treasurer and
superintendent of public instruction shall be prescribed by law. The
superintendent of public instruction shall be, by virtue of his office, state
librarian.
Section 4.
No person shall hold the office of state
treasurer for two successive terms.
Section 5.
In each county,
there shall be elected for the term of two years three county commissioners, who
shall perform such duties as may be prescribed by law; any two of whom shall be
a quorum for the transaction of business, and shall be elected at the same time
as is prescribed for the election of members of the legislature. There shall
also be elected at the same time, in each county, one county clerk, who shall be
clerk of the board of county commissioners, and be ex-officio recorder of deeds;
one sheriff; one coroner; one treasurer; one superintendent of schools; one
surveyor; and one assessor; who shall severally hold their office for the term
of two years.
Section 6.
The legislature may provide for the
election or appointment of such other county, precincts, municipal and school
officers as public convenience may require; and the terms of their office shall
be prescribed by law.
Section 7.
The Legislature shall by law,
classify the several counties according to population, and shall grade the
compensation of the officers within the respective classes according to
population. Such law shall establish scales of fees to be charges 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 cases
where fees are prescribed. All fees, perquisites and emoluments, above the
amount of such salaries, shall be paid into the county treasury.
Section
8.
No person shall be eligible to any county office unless he shall be a
qualified elector, and have resided in the county one year next preceding his
election, except as otherwise provided in this constitution.
Section
9.
In case of a vacancy occurring in the office of either the secretary
of state, treasurer, or superintendent of public instruction, the governor shall
fill the same by appointment; and the person appointed shall hold such office
for the remainder of the term; and in case of a vacancy in either of the county,
precinct, municipal or school office, the same shall be filled in such manner as
may be prescribed by law.
Article X Officers
Section 1.
Any
person holding any 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
legislature, nor to members of any board or assembly, two or more of whom are
elected at the same time. The legislature may by law provide for suspending any
officer in his functions, pending any proceeding, the effect of which, if
convicted, would be removal from office.
Section 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 of the same.
Section 3.
No person hereafter
convicted of embezzlement of public monies, shall be eligible to any office of
trust or profit in this state, unless restored to the rights of citizenship, by
a pardon from the governor.
Section 4.
Every civil officer shall,
before he enters upon the duties of his office, take an oath or affirmation to
support the constitution of the United States, and the State of Washington, and
faithfully perform the duties of the office upon which he shall be about to
enter.
Section 5.
State officers, judges of the supreme and
circuit courts, and circuit attorneys, shall file their oaths or affirmations of
office in the office of the secretary of state. Every other officer, except the
officers of the municipalities and school district officers, shall file his oath
or affirmation of office in the office of the county clerk of the county where
he shall have been elected or appointed.
Section 6.
Every person
appointed to fill a vacancy in any elective office, shall hold for the remainder
of the unexpired term, unless a general election shall intervene, in which case
his successor shall be elected, and shall hold the remainder of the term.
Section 7.
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 this state.
Section 8.
Public officers, except the governor
and judges of the supreme and circuit courts, shall not be impeached, but
corruption, malfeasance, misfeasance or non-feasance in office, shall be
prosecuted and tried in the same manner as criminal offences; and judgment, upon
conviction, shall be given of dismissal from office, in addition to such further
punishment as may be prescribed therefor by law.
Section 9.
The
compensation of all officers, not otherwise provided for in this constitution,
shall be as prescribed by law.
Section 10.
No person, being a
member of congress, or holding a commission to any civil or military office
under the United States, except post master of the fourth class, shall be
eligible to any office under the state; and if any person shall, after his
election to any office, be appointed to any office, civil or military, under the
government of the United States or of any state or territory, his acceptance
thereof shall vacate his office.
Section 11.
Salaries shall be
paid quarterly. The governor, secretary of state, state treasurer, and
superintendent of public instruction, shall each receive fifteen hundred dollars
per annum. The judges of the supreme and circuit courts shall each receive two
thousand dollars per annum. The salary of the circuit attorney shall not exceed
one thousand dollars per annum.
Article XI 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, secretary of state, and state treasurer
shall constitute the board, of which the superintendent of public instruction
shall be president.
Section 2.
The legislature 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 between the ages of five 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.
Section
3.
The public school fund of the state shall forever remain irreducible,
the interest thereon only shall be suspended in the maintenance of the schools
of the state, and shall be distributed among the several counties and school
districts in such manner as may be provided by law. No part of this fund,
principle or interest, shall ever be transferred to any other fund, or used or
appropriated for any other purpose than that herein provided. The state
treasurer shall be the custodian of this fund, and the state shall make good all
losses thereof that may in any manner occur.
Section 4.
The net
proceeds of the sale of all lands that have been, or hereafter may be granted by
the United States to the state for educational purposes-except the lands
heretofore granted, or that may be hereafter granted, for the purpose of a
university, or for a college of agriculture- all moneys and the clear proceeds
of all property that may accrue to the state by forfeiture or escheat, all
moneys which may be paid as an equivalent for military duty, and all moneys
arising from any grant to the state, where the purposes of the grant are not
specified; the net proceeds of the sales or other disposition of the five
hundred thousand acres of land to which the state is entitled on its admission
by the provisions of section two thousand three hundred and seventy eight of
the revised statutes of the United States; together with the five per centum
of the net proceeds of the sales of the public lands which the state may receive
on the admission into the union (if congress consents to such appropriations
last mentioned) - shall be set apart as a separate fund, to be called the school
fund, the interest of which, and all other revenues derived from the school
lands, shall be exclusively applied in such manner as the legislature may
prescribe to the support of common and graded schools, and to the purchase of
suitable libraries and apparatus therefore.
Section 5.
All fines,
penalties and forfeited recognizances, arising under the general laws of the
state, shall belong, and be paid over, to the counties respectively, where the
offenses shall have been committed, and shall be appropriated exclusively to the
Support of common school where the same may accrue.
Section 6.
Provision shall be made by law for the distribution of the income of the
school fund among the several districts, for the support of common schools, in
proportion to the number of children therein between the ages of five and
twenty-one years; and no appropriation shall be made from the school funds to
any district for the year in which a school shall not be maintained at least
three months.
Section 7.
Provision shall be made by law for the
support of the state university, and for connecting with the same, from time to
time such colleges, in different parts of the state, as the interests of
education may require. The proceeds of all lands that have been, or may
hereafter be, granted by the United States, to the territory or the state, for
the support of a university, shall be and remain an irreducible fund, to be
called the university fund, the interest of which shall be apportioned to the
support of the state university and its [branch] wherever located in the state,
and no sectarian instruction shall be allowed therein.
Section 8.
The superintendent of public instruction, the secretary of state and the
state treasurer shall constitute a state board of land commissioners, for the
sale, licensing and general management of the public lands belonging to the
state, and for the investment of the funds arising therefrom, in such manner as
the legislature may provide. Any tow of the commissioners shall be a quorum for
the transaction of all business pertaining to the duties of their office.
Section 9.
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 belonging to the state, under such regulations as may be
prescribed by law. No law shall ever be passed by the legislature, granting any
privileges to persons who may have settle upon any school lands subsequent to
the public surveys thereof, by which the amount to be derived from the sale or
other disposition of such lands, shall be diminished directly or indirectly. The
legislature shall, at the earliest practicable period, provide by law that the
several grants of land, made by congress to the state, shall be located,
preserved and held for disposal For the respective purpose for which said grants
were made, or which are designated in the constitution; and shall provide for
the sale, leasing and general management of said lands, from time to time, and
for the application of the proceeds thereof in the manner directed in this
constitution.
Section 10.
University, college, common school or
other lands, which are now held or may be held or may be hereafter acquired by
the state, for educational purposes shall, before the sale of the same, be
appraised, and shall not be sold for less than the appraised value.
Section 11.
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 the county, and shall discharge the
duties of said office under the direction of the state board of land
commissioners, and as provided by law.
Section 12.
No religious
test or qualifications shall ever be required of any person as a condition of
admission into any public school or educational institution of the state, as
teacher or pupil; and no sectarian doctrines shall ever be taught in the public
schools in this state, nor shall any funds, set apart for educational purposes
be appropriated for the support of schools controlled in whole or part by any
church, religious society or sectarian denomination; and no appropriation from
the common school fund shall be made for the support of any private school
seminary whatever.
Article XII Finances
Section 1.
The
legislature shall provide for an annual tax, efficient to defray the estimated
expenses for each year, and whenever the expenses of any year shall exceed the
income, the legislature shall provide for levying a tax for the remaining year
sufficient, with other sources of income, to pay the deficiency as well as the
estimated expense of such remaining year.
Section 2.
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 taxpayers of all property, real and personal.
Section
3.
The property, real and personal, of the United States, and the
property of the state and counties; property of municipalities; common-school
property; cemeteries not owned or used for private or corporate profits; public
libraries shall be exempt from taxation; and all laws exempting from taxation
property other than hereinbefore mentioned, shall be void.
Section 4.
The legislature shall not impose taxes for the purposes of any county, city,
town, or other corporation, but may by law vest in the corporate authorities
thereof respectfully, the power to assess and collect taxes or all purposes of
such corporation; but no county, city, town, or other municipal corporation -
the inhabitants thereof or the property therein - shall be released or
discharged from their or its just share of taxes, to be levied for state
purposes.
Section 5.
The power to tax corporations and corporate
property shall never be relinquished or suspended.
Section 6.
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.
Section 7.
No money shall be paid out
of the treasury, except in pursuance of an appriation made by law.
Section 8.
Neither the state nor any county, city, town, or
school district shall make any donation or grant or in aid of , or become a
subscriber to, or a stockholder in any corporation, public or private, in or out
of the state, except as to such ownership as may accrue to the state by escheat,
by forfeiture by operation of law; and except as such ownership as may accrue to
the state, or any county, city, town, or school-district, or to either or any of
them jointly with any person, company or corporation, by forfeiture or by sale
of real estate for non payment of taxes, or by any donation or device for public
use, or by purchase by or on behalf of any or either of them under execution in
case of fines, penalties or forfeiture of recognizance, breach of conditions of
official bond or of bond to secure public moneys, or the performances of any
contract in which they or any of them may be jointly or severally interested.
Section 9.
Neither the state, nor any county, city, town nor
school district shall lend or pledge the credit or faith thereof, directly or
indirectly, in aid of any person, company or corporation, for any amount or for
any purpose whatever, or become responsible for any debt, contract or liability
of any person, company or corporation, in or out of the state.
Section
10.
The state shall never contract any public debt, except in the case
and manner hereinafter described.
Section 11.
For the purpose of
defraying extraordinary expenditures, the state may contract public debts; but
such debts, in the aggregate, shall not, for the first fifteen years, exceed
fifty thousand dollars; and shall never exceed one hundred thousand dollars.
Every such debt shall be authorized by law, for some purpose or purposes to be
directly specified therein, and every such law shall provide for levying an
annual tax sufficient to pay the annual interest of such debt, and the principal
within ten years from the passage of such laws; and shall specially appropriate
the proceeds of such taxes to the payment of such principal and interest, and
such appropriation shall not be repealed nor the taxes postponed or dismissed,
until the principal and interest and such debt shall have been wholly paid.
Section 12.
No county, city, town or school district shall
contract any debt unless authorized and limited by law; and no scrip,
certificate, or other evidence of debt whatsoever shall be used by them, except
in accordance with the provisions of law.
Section 13.
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 purpose 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 evaluation of taxable property
within such city or town sufficient to pay the annual interest, and extinguish
the principal of such debt within fifteen years, 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 be paid or
discharged. But no such debt shall be created unless the question of incurring
the same shall at the regular election for councilmen, aldermen, or officers of
such city or town, be submitted, to a rate of such qualified election 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 box, shall vote
in favor of creating such debts, but the aggregate amount of debt as created,
together with the debt existing at the time of such election, shall not, at any
time exceed three per cent of the last valuation of property upon which said tax
was paid.
Section 14.
Nothing contained in this article shall
either impair or add to the obligation of any debt heretofore contracted by the
Territory of Washington, by any county, city, town or school district within the
state, in accord with law.
Section 15.
The state treasurer shall
keep a separate account of such fund in his hands, and shall at the end of every
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 deposited, and the number and amount of every warrant
received, and the number and amount of every warrant paid therefrom, during the
quarter. The governor shall cause every such report to be immediately published
in at least one newspaper printed at the seat of government. The legislature
shall, at its first session, and may at any subsequent one, provide by law,
regulations for the safe keeping of the public funds, and for bonds, to be given
by the treasurer, with sureties.
Section 16.
The making of
profit, directly or indirectly out of the state, county, city, town or school
district money, or using the same for any purpose not authorized by law, by any
public officer, or any other person, shall be deemed a felony, and shall be
punished as provided by law.
Section 17.
Private property, shall
not be taken or sold for the payment of the corporate debt of municipal
corporations.
Section 18.
There shall be a state board of
equalization consisting of the secretary of state, state treasurer and
superintendent of public instruction, whose duty it shall be to adjust and
equalize the valuation of the real and personal property among the several
counties. Also, in each county, a board of equalization, consisting of the board
of county commissioners, whose duty it shall be to adjust and equalize the
valuations of real and personal property within their respective counties. Each
board shall also perform such other duties as may be prescribed by law,
provided, that the legislature may prescribe the rule by which such equalization
shall be controlled, and may revise or amend the same when they may deem
necessary.
Section 19.
The state shall not assume the debt, or
any part thereof, of any county, municipal corporation, or person, unless such
debt shall have been contracted to repel invasion, surprise insurrection or to
assist the state, in the discharge of any portion of its indebtedness.
Section 20.
The legislature may borrow money or contract debts,
to repel invasion, surprise insurrection, or defend the state in time of war,
but the money thus raised shall be applied exclusively to the object for which
the loan was authorized, or the repayment of the debt thereby created.
Section 21.
The state shall never contract any debt for work of
internal improvement, or be a party in carrying on the same. But whenever grants
of land or other property shall have been made to the state for particular works
of internal improvement, the state may carry on such works, and shall devote
thereto the proceeds of such grants, and may appropriate the revenue derived
from such works in aid of their completion and repair.
Section 22.
No money shall be drawn from the treasury for the benefit of any church or
religious society, or religious or theological seminaries.
Article XIII Corporations
Section 1.
All existing charters, or grants of exclusive privileges, under which the
corporations or grantees shall not have organized and commercial business in
good faith, at the time of the adoption of this constitution, shall thereafter
have no validity.
Section 2.
Corporations may be created under
general laws, but shall not be created by special act, except for municipal
purposes. All general and special laws, creating corporations, may be altered or
repealed in such manner, however, that no injustice shall be done.
Section 3.
All railroads in this state shall be deemed public
highways, and shall be free to all persons for the transportation of their
persons and property, under such regulations as may be prescribed by law, and
laws shall be passed from time to time, establishing reasonable maximum rates of
charges for the transportation and freights thereon, and to prevent unjust
discrimination. No railroad corporation or the lessee or manager thereof, shall
consolidate its stock. Property or franchises with any other railroad
corporation, owning or having under its control a competing liner. Every
railroad shall have the right, with its road, to intersect with, or cross any
other railroad, the manner of the exercise of which rights, however, to the
regulated by laws. Laws shall also be passed, regulating the liability of common
carriers of passengers in cases of personal injuries occasioned by negligence on
the part of the carrier.
Section 4.
No right of way shall be
appropriated to the use of any private corporation until full compensation shall
be first made to the owners irrespective of any benefit arising therefrom, which
compensation shall be ascertained in such manner as may be provided by law.
Section 5.
No street railroad shall be constructed within any
incorporated city or town without the consent of the local authorities thereof.
Section 6.
No corporation shall issue stock or bonds except for
labor done, services performed, or money or property actually received. The
stock of corporations shall not be increased except in pursuance of general law.
The stockholders of all corporations and joint stock companies shall be
individually liable for all labor performed for such corporation or company.
Section 7.
Laws shall be passed, regulating the right of foreign
corporations to do business in this state, and the mode in which they may sue
and be sued.
Section 8.
The legislature shall not have power to
establish or incorporate any bank or banking companies, or money institution
whatever in this state , with the privilege of making, issuing or putting in
circulation any bill, check, certificate, promissory note or other paper
intended to circulate as money.
Article XIV State Institutions
Section
1.
Educational, reformatory and penal institutions, and those for the
benefit of the insane, , blind, deaf and dumb, 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.
Section 2.
The
legislature shall not have power to change or locate the seat of government of
the; but shall at the first session subsequent to the administration f the
state, submit the question of its permanent location to the qualified electors
of the state, at the general election there next ensuing. A majority of all the
votes cast shall be necessary to such location; and in case no one place shall
have a majority, the question shall be re-submitted, at each general election,
until such majority vote shall effect a location. Provided that, until the seat
of government shall have been permanently located, as herein provided, the
temporary location thereof shall remain at the capital of the territory at the
time of the admission of the state.
Section 3.
The legislature
shall name no appropriations or expenditures for capital buildings or grounds
(except to keep the territorial capital building and grounds in repair), until
the seat of government shall have been permanently located.
Section
4.
The university at Seattle, and the hospital for the insane at
Steilacoom shall, upon the adoption of this constitution, become institutions of
the state, and the management thereof subject to the control of the state, under
such laws and regulations as the legislature shall provide; and all gifts,
grants and appropriations of money and property, real or personal, heretofore
made to said institutions, or to the Territory of Washington therefore, are
hereby confirmed to the use and benefit of said institutions respectively.
Article XV Miscellaneous
Section 1.
The
political year for the state of Washington shall commence on the first Monday in
January in each year.
Section 2.
The term felony, wherever it
occurs in the constitution, or the laws of the state, shall be held to mean any
criminal offense punishable by death or imprisonment in the penitentiary, and
none other.
Section 3.
It shall be the duty of the legislature,
at its first session, to provide a seal for the state, to be called the "Great
Seal of the State of Washington"; which shall be kept by the secretary of state;
and all official acts of the governor - his approval of the laws excepted, shall
be thereby authenticated. The seal of the Territory of Washington shall be the
seal of the state until otherwise provided by law.
Section 4.
No
county with an area of nine hundred square miles or less shall be divided, or
have any part stricken therefrom, without submitting the questions to a vote of
the qualified electors of the county, voting on the question, shall have voted
in favor of its removal.
Section 6.
All county officers, whose
election or appointment is not provided for in the constitution, shall be
elected by the electors of the respective counties, or appointed by the
governor, or by the board of county commissioners, or other county authorities,
as the legislature shall direct. All city, town, county authorities, as the
legislature shall direct. All city, town and precinct officers, whose election
or appointment is not provided for by this constitution Shall be elected by the
electors of such cities, towns and precincts, or by some division thereof, or
appointed by such authority thereof, as the legislature may designate for that
purpose. All other officers, whose election or appointment is not provided for
by this constitution, and all officers whose offices may hereafter be created by
law, shall be elected by the people, or appointed, as the legislature may
provide.
Section 7.
All navigable waters within the state shall
be and remain public highways, free to all citizens of the state and of the
United States.
Section 8.
No navigable stream in the state shall
be bridged, dammed or obstructed by any person or corporation, without the
authority of law.
Section 9.
None but citizens of the United
States, or aliens who have declared their intentions to become such, in
accordance with the laws of congress shall be employed in or about any public
office in the state, or in any state institution, or in any public work
prosecuted by the state.
Section 10.
All patents or grants of
land, made by the United States to settlers and purchasers of tide lands shall
be ratified and confirmed by the state.
Section 11.
In the event
of the rejection of the separate articles relative to woman's suffrage, the
legislature may submit the question, at any general election, to the qualified
electors of the state; and if a majority of all the votes cast at such election,
on the question, shall be in favor of woman's suffrage, then all women who are
citizens of this state, and who possess the other qualifications of voters,
shall be qualified electors of the state
Section 12.
The
legislature may declare the cases in which any office shall be deemed vacant,
and also the manner of filling the vacancy, where no provision is made for that
purpose in this constitution.
Section 13.
The county
commissioners, superintendent of schools, and the county treasurer of each
county, shall constitute a board of appraisers, who appraise all lands belonging
to the state within their respective counties, except tide lands, under such
regulations as may be prescribed by law, before they can be sold.
Section
14.
The common law of England - applicable to our conditions and
circumstances, and not repugnant to, or inconsistent with, the constitution of
the United States, or the constitution or laws of this state - shall be in full
force, and the rule of decision in all courts in this state; but in the event of
laws being passed, conferring rights or impairing obligations growing out of or
founded upon principles of the civil and not the common law, then the rules of
the civil law may be resorted to for the purpose of interpretation and decision.
Article XVI Amendments
Section 1.
Any amendment or amendments to the constitution may be proposed in either
branch of the legislature; and if the same shall be agreed to by two-thirds of
the members elected to each of the houses, such proposed amendment or amendments
shall be entered in their journals, with the ayes and noes thereon, and be
submitted to the qualified electors of the state for their approval, at the next
general election; and if the people shall approve and ratify such amendment or
amendments, by a majority of the electors voting thereon, the same shall become
part of this constitution, and proclamation thereof shall be made by the
governor, provided, that, if more than one amendment be submitted, they shall be
submitted in such manner that the people may vote for or against such amendments
separately. The legislature shall also cause the amendments that are to be
submitted to the people, be published in some weekly newspaper, in every county
where such newspaper is published, throughout the state.
Section 2.
Whenever two-thirds of the members elected to each branch of the legislature
shall deem it necessary to call a convention, to revise or amend this
constitution, they shall recommend to the electors to vote at the next general
election, for or against a convention, and if a majority of all the electors
voting at said election shall have voted for a convention, the legislature
shall, at the next session, provide by law for calling the same; and such
convention shall consist of a number of members, not less than that of the most
numerous branch of the legislature.
Section 3.
Any constitution
adopted by such convention shall have no validity until it has been submitted
to, and adopted by the people.
Schedule
Section 1.
That no
inconvenience may rise by reason of a change from a territorial to a state
government, it is declared that actions, rights, prosecutions, judgments,
decrees, claims and contracts, as well of individuals as of bodies corporate -
including counties, cities, towns, school and road districts - shall continue as
if no change had taken place, and all process which may have been issued under
the authority of the territory of Washington, previous to its admission into the
union, shall be as valid as if issued in the name of the state.
Section
2.
All laws now in force in the territory of Washington, which are not
repugnant to this constitution, shall remain in force until they expire by their
own limitation, or are altered or repealed by the legislature.
Section
3.
All debts, fines, penalties and forfeitures, which have accrued, or
may hereafter accrue to the territory of Washington, shall accrue to the state.
Section 4.
All recognizances heretofore taken, or which may be
taken before the change from a territorial to a state government shall remain
valid and shall pass to, and may be prosecuted in the name of the state; and all
bonds executed to the governor of the territory of Washington, or to any county
or municipal corporation, or to any officer or court in his or its official
capacity, shall pass to the state authorities and their successors in office,
for the uses therein expressed, and maybe sued for and recovered accordingly;
and all the estates, real and personal and mixed, and all judgments, decrees,
bonds, specialties, cases in actions and claims or debts of whatever
description, belonging to the territory of Washington, shall ensure to and vest
in the state of Washington, and may be sued for and recovered in the same
manner, and to the same extent, by the state of Washington, as the same could
have been by the territory of Washington. All criminal prosecutions and penal
actions, which may have arisen, or which may arise, before the change from a
territorial to a state government, and which shall then be pending, shall be
prosecuted to judgment and execution in the name of the state. All offences
committed against the laws of the Territory of Washington, before the change
from a territorial to a state government and which shall not be prosecuted
before such change, may be prosecuted in the name by the authority if the state
of Washington, with like effect as though such change had not taken place; and
all penalties incurred shall remain the same as if this condition had not been
adapted. All actions at law and suits in equity which may be pending in any of
the courts of the Territory of Washington at the time of the change from a
territorial to a state government, shall be continued, and transferred to such
courts of the state, having jurisdiction of the subject matter thereof.
Section 5.
All officers, now having their offices under the
authority of the United States or of the Territory of Washington, shall continue
to hold and exercise their respective offices until they shall be superceded by
the authority of the state; and shall be entitled to receive, for services
rendered the state, a compensation not greater than that theretofore received.
On the taking effect of this constitution, all officers thereby continued in
office, shall, before proceeding in the further discharge of their respective
duties, take an oath or affirmation to support this constitution. All vacancies
that may occur in existing offices prior to the election and qualification of
officers under this constitution, shall be filed in the manner prescribed by
law.
Section 6.
Whenever the judge of the circuit court of any
circuit, elected or appointed under the provisions of this constitution, shall
have qualified in his office, the several causes then pending in the district
court of the territory within any county in such circuit, 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
circuit court of the state for such county and until the district courts of the
territory shall be superceded 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. Whenever any two of the judges of the circuit
court, elected or appointed under the provisions of the constitution, shall have
qualified in their office, the causes then in the supreme courts, 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 superceded, the
supreme court of the territory and judges thereof, shall continue with like
powers and jurisdiction as if this constitution had not been adopted.
Section 7.
The terms of office of the governor and state
officers, members of the legislature, circuit and probate judges, circuit
attorneys, and all county officers first elected under the constitution, shall
commence on the seventh Monday after the first general election; and in the
event that either of the persons elected shall fail to qualify within twenty
days after said seventh Monday, then the person receiving the next highest
number of votes for such office shall take it within the next succeeding ten
days, and in the event of his failure or neglect, the office shall be declared
vacant, and the legislature shall provide for filling the vacancy.
Section 8.
Until otherwise provided by law, the now in use in the
supreme, district and probate courts of the territory, are hereby declared to be
the seals of the supreme circuit and probate courts respectively of the state.
The seals of municipalities and all county officers of the territory, shall be
the seals of such municipalities and officers respectively under the state and
till otherwise provided by law.
Section 9.
When the state is
admitted into the union, the books, the 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 probate
court of the same county created by this constitution; and said courts shall
proceed to final judgment or decree order or other determination the said
several matters and causes, as the territorial probate court might have done, if
the constitution had not been adopted. And until the election and qualification
of, the probate judges provided for this constitution, the territorial probate
judges shall act as judges of the probate courts created by this constitution,
within the respective counties.
Section 10.
The legislature, at
its first session, shall provide for the election of all officers whose election
is not provided for elsewhere in this constitution, and fix the time for the
commencement and duration of their term.
Section 11.
In case of a
contest of election between candidates, at the first general election under the
constitution, for judges of the circuit or probate courts, or for circuit
attorney, the evidence shall be taken in the manner prescribed by territorial
laws, and the testimony as taken shall be certified to the secretary of state
and the said officer, together with the governor and treasurer of state, shall
review the evidence and determine who is entitled to the certificate of
election.
Section 12.
The county officers of the several counties
shall provide poll books, tally lists and forms of oath of office, for
inspection judges, and clerks of election for the first state election under the
constitution, in the same manner as is now provided for by law.. The votes at
the first general election under this constitution, for the several officers who
are to be elected at such elections, shall be canvassed, returns made, and
results determined, in the manner prescribed by the territorial law for
canvassing votes for like officers. The votes cast for governor, state officers,
members of the legislature, judges of the circuit and probate courts and for
circuit attorneys, shall be canvassed by the county canvassing boards, in the
manner prescribed by the territorial law for canvassing votes for members of the
legislative assembly; and returns shall be made to the secretary of territory
acting as secretary of state, under the same regulations as prescribed by law
for sending the abstracts of votes for delegate in congress; and the secretary,
auditor and treasurer, or any two of them, on the twenty-fifth day after
election, or within ten days thereafter, shall proceed to canvass the votes and
declare the results. The judges and inspector of election, who shall have been
appointed by the county commissioners of the several counties of the territory,
to hold and conduct the general election next proceeding the time of holding the
first general election under the constitution, shall be and are hereby appointed
judges and inspector of the first election, as provided in section seventeen
in this Schedule, with power to fill vacancies as provided by law.
Sec
13.
One representative in the congress of the United States shall be elected
from the state at large, at the first election provided for in this
constitution, and thereafter at such time and place and in such manner as may be
prescribed by law. When a new appointment shall be made by congress, the
legislature shall divide the state into congressional districts, in accordance
with such apportionment. The vote cast for each representative 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 the vote for the delegate in congress.
Section 14.
The
first legislature shall meet at twelve o'clock. Meridian, at the seat of
government, on the seventh Monday after the first general election shall effect
an organization, and thereafter the legislature shall meet biennially, at such
time and places as may be provided by law.
Section 15.
Until the
legislature shall otherwise provide, the terms of the supreme, circuit and
probate courts shall be held as is now provided by law for the supreme, district
and probate courts of the territory.
Section 16.
Until there
shall be a new appointment under the authority of the state, the senators and
the members of the house of representatives shall be appointed among the several
districts as follows: The county of Walla Walla, shall constitute the first
senate district, The counties of Columbia, Whitman and Stevens shall constitute
the Second senate district. The counties of Clark, Skamania, Yakima and
Klickitat shall constitute the third senate district. The Counties of Cowlitz,
Wahkiakum and Pacific shall constitute the fourth senate district. The counties
of Thurston and Lewis shall constitute the fifth senate district. The counties
of Pierce, Mason and Chehalis shall constitute the sixth senate district. The
county of King shall constitute the seventh senate district. The counties of
Kitsap, Snohomish and Whatcom shall constitute the eighth senate district. The
counties of Jefferson, Clallam, Island and San Juan shall constitute the ninth
senate district. Each Senate District shall be entitled to elect one senator.
The counties of Cowlitz and Wahkiakum shall elect one representative. The county
of Cowlitz - one. The county of Clark - two. The county of Columbia - three. The
counties of Klickitat and Skamania - one. The county of Lewis - one. The county
of Thurston - two. The counties of Pacific and Chehalis - one. The county of
Pierce and Mason - one. The county of King - three. The county of Snohomish -
one. The county of Kitsap - one. The counties of Kitsap and Jefferson - one. The
county of Jefferson - one. The county of Whatcom - two. The counties Clallam and
San Juan - one. The county of Island - one. The county of Whitman - two. The
county of Walla Walla - four. The county of Yakima - one. The county of Stevens
- one.
Section 17.
The first general election under the
constitution shall be held on the Tuesday next succeeding the sixth Monday after
the admission of the state; at which there shall be elected, the governor,
secretary of state, state treasurer, state superintendent of public instruction,
judge of the circuit courts, judge of the probate courts, members of the
legislature, circuit attorneys, and for each county, three county commissioners,
a county clerk, sheriff, treasurer, county superintendents of schools, surveyor,
coroner, and all precinct officers, and no further notice of said election shall
be required.
Section 18.
The legislature, at the first session,
shall provide by law for the expiration of the terms of all officers first
elected and qualified under this constitution, on a day designated as the
commencement of the political year, provided, the several terms of offices hall
not be thereby lessened nor extended more than one political year.
Section 19.
This constitution, when enrolled and signed, shall be
deposited by the president of this convention, in the office of the governor of
this territory, and in the event of its adoption by the people, the governor
shall send a copy thereof to the president of the United States, with the
request that he submit the same to congress, together with our request that the
state of Washington be admitted into the union. There shall be sent, at the same
time, a copy of the act of the legislative assembly of this territory, entitled
"An Act to provide for calling a convention to frame a constitution for the
state of Washington", and submitting the same to the people for ratification or
rejection, approved November ninth eighteen hundred and seventy seven, and also
a certified abstract of the votes cast for and against this constitution.
Section 20.
This constitution; separate articles, number one;
separate article, number two; and separate article, number three - shall be
submitted for adoption or rejection to the qualified electors of this territory,
at an election to be held on the Tuesday next succeeding the first Monday in
November, Anno Domini one thousand eight hundred and seventy-eight. If the same
be adopted by the electors, it shall become the constitution of the state of
Washington. On such of the ballots as are for the constitution, shall be written
or printed the words "For constitution", and on such of the ballots as are
against the constitution, the words "Against the constitution", and on such of
the ballots as are in favor of separate article number one, the words "For
separate Article number one" and on such as are against separate article, number
one", the words "Against separate article, number one"; and also on such ballots
as are in favor of separate article number two, the words "For separate article,
number two"; and on such as are against separate article , number two, the words
"Against separate article, number two", and also on such ballots as are in favor
of separate article, number three, the words "For separate article, number
three", and on such as are against separate article, number three, the words
"Against separate article, number three". The election shall be conducted in the
manner prescribed by law for the election of delegate in congress; and the votes
counted and returned to the secretary of the territory, in the same manner and
at the same time as are the votes for said delegate. The secretary shall canvass
and certify the results to the governor within sixty days after said election,
who shall make known the result by proclamation. The several elections provided
for in this schedule shall be conducted according to the existing laws of the
territory.
Section 21.
This constitution shall be submitted to
the qualified electors of the counties of Nez Perce, Idaho, and Shoshone, in
Idaho territory, or that portion of them embraced in the boundaries as defined
in this constitution, on the Tuesday next after the first Monday in November,
one thousand eight hundred and seventy-eight, for the adoption or rejection.
William Ewingand Hagen Squier, of Nez Perce county, J. M Crooks and Frank Fenn,
of Idaho county, and E. H. Bradley of Shoshone county, are hereby appointed a
board of Commissioners, any three of whom shall constitute a quorum, and fill
any vacancy that may occur in boards, which board shall have an office at
Lewiston, Idaho territory, for the transaction of the business of said board,
and shall have full authority to appoint judges and clerks in each and every
precinct throughout those counties above named for said election; and the full
returns of the votes in all the precincts in those counties shall be made by the
respective judges and clerks of elections as appointed, under oath, to the said
board of commissioners at Lewiston, within ten days after said election, which
board shall open said returns, canvass the votes and certify the result of the
same, and transmit forthwith said result to the secretary of Washington
territory, at Olympia, Washington Territory, to be canvassed at the time of
canvassing the result of the vote of the people of the Territory of Washington
and the separate and aggregate result of the vote in both territories made
known. The said board of commissioners shall give at least ten days previous
public notice of each of said elections in each and every precinct in said
counties by publication in some newspaper circulating therein, and by posting
printed notices thereof at the places of holding the election. The members of
said board of commissioners, and the several judges and clerks of election shall
severally take an oath before some person authorized to administer oaths, to
well and truly discharge the duties of their respective offices, which oaths
shall be transmitted, with the returns of said election, to the said
secretary,all laws in force in that portion of Idaho territory, included within
said boundaries, at the time of the admission of the state, not inconsistent
with this constitution, shall continue in force until altered or repealed. All
officers exercising their functions of office under the laws of Idaho territory
in that portion thereof embraced in the boundaries defined in this constitution,
when it takes effect shall continue in office and in the exercise of their
respective duties and authority until suspended by the state authorities, and
shall take an oath to support the constitution of this state. The first general
election for the officers designated in section thirteen and seventeen of this
schedule shall be conducted in every respect according to the existing laws of
Idaho territory, and returns thereof shall be made to the secretary of the
territory of Washington acting as secretary of state and shall be canvassed as
provided in section twelve and thirteen. The counties of Nez Perce, Idaho, and
Shoshone shall be counties of the state and shall constitute the tenth senate
district. They shall constitute one representative district and shall elect one
member of the house of representatives from the county of Nez Perce, one from
counties of Nez Perce and Shoshone, and one from the county of Idaho. All the
provisions of this schedule, in as far as they are applicable, shall apply to
that portion of the territory of Idaho and the people thereof, included in the
boundaries of the state. The legislature shall have power to pass laws assenting
to and confirming such provisions as may be made to congress in the conservation
of public and private rights of every mind and nature whatsoever, founded upon
law or growing out of the change in the political relations of that portion of
Idaho, or of the municipal division thereof, or of the people who may be
included without the boundaries of this state. The State of Washington hereby
pledges its faith to pay to the territory of Idaho the just proportion
ofterritorial indebtedness, for which the said people, or the counties, or other
municipalities shall be justly bound. In the levying of taxes a separate and
additional state tax of one half mill on every dollar of assessed valuation of
property within the counties of Nez Perce, Shoshone, and Idaho shall be annually
imposed and collected in the same manner are other taxes are collected, until an
amount equal to said indebtedness shall have been so collected.
Article XV Miscellaneous
Section 15.
The legislature shall
have power to fix the time for the election of all officers where no provision
is made for each election in this constitution.
Ordinance
The people of the territory of
Washington together with that portion of the people the territory of Idaho
included within the boundaries as defined by this constitution, by their
delegates, in convention assembled, do ordain and declare. First -- That we
adopt the constitution of the United States as the supreme law. Second - Perfect
toleration of religious sentiment shall be secured, and no inhabitant of this
state shall ever be molested in person or property on account of his or her mode
of religious worship. Third - The people of the territory included within the
boundaries of the proposed state, as set forth in this constitution, by their
delegates in convention assembled, do agree and declare, that they forever
disclaim all rights and title to the un-appropriated public lands lying within
said territory, and that the same shall be and remain at the sole and entire
disposal of the United States; that the lands belonging to persons residing
without the state shall never be taxed higher than the lands belonging to
residents thereof, and that no taxes shall be imposed by the state on lands or
property therein, belonging to, or which may be hereafter be purchased by the
United States. That where these three sections shall be irrevocable without the
consent of the United States and the People of the State of Washington.
Separate Article No. 1
No person, who is otherwise a qualified
elector, shall be denied the right to vote in this state, on account of sex,
anything in this constitution to the contrary notwithstanding.
Separate
Article No. 2
No person shall be denied the right, on account of sex, to
vote or hold office in this state; nor shall such right be, in any manner,
abridged on account of sex.
Separate Article No. 3
It shall be
lawful for the election of any county, municipal corporation or, precinct not
included within the corporate limits of any municipality, at any general
election, to prohibit by a majority vote, the sale or dispersal of spirituous
liquors in less quantities than one gallon, except for medicinal purposes. And
the legislature shall pass, at its first session, such laws as will carry into
effect this article if adopted. On the ballots shall be written or printed the
following: For Separate Article, Number One", "Against separate Article, Number
One". "For Separate Article Number Two", "Against Separate Article, Number Two",
"For Separate Article, Number Three". "Against Separate Article, Number Three".
In case a majority of all the votes for and against any separate article,shall
be in favor of such article, the same shall become a part of the Constitution,
and shall be added to the Declaration of Rights.
Resolutions
Resolved -- That the congress of
the United States be and is hereby requested upon the application of Washington
for admission into the Union, to grant to the state, lands in lieu of the tide
and school lands, within the boundaries of the state, which have been heretofore
or hereafter be sold to the United States; and to expand to the state the
benefits of the act of Congress, passed September twenty-eighth one thousand
eight hundred and fifty, in relation to swamp and overflowed land; and to grant
other lands as in the case of states heretofore admitted , for a university, for
public buildings, and for general purposes, and to confirm the disposition made
by the constitution of the state, of the five per centum of the sales of the
public lands of the United States, and of the five hundred thousand aces of land
to which the state will become entitled by virtue of the laws of congress upon
its admission.
Resolved - That congress be requested to restrict the sales
of lands of the United States in this state to actual settlers, in limited
quantities, and to provide that persons who have purchased lands within railroad
grants which have elapsed or have been abandoned, may enter additional land for
the excess paid over one dollar and twenty-five cents per acre; and that
homestead and pre-emption settlers shall be allowed the benefit of minimum
price, and further that the selection of the five hundred thousand acres of
land, the state may be allowed to select the same in tracts of not less than
forty acres, instead of three hundred and twenty acres as is now provided by
law. We the undersigned, members of the convention to form a constitution for
the state of Washington, which is to be submitted to the people for this
adoption or rejection, do hereby declare this to be the constitution formed by
us, and in testimony thereof, do hereunto set our hands, this twenty-seventh day
of July, Anno Domini, one thousand eight hundred and seventy eight.
- W Byron Daniels, Secretary
- Alex S. Abernathy, President
- Lyman B. Anderson
- Charles M. Bradshaw
- Benj. F. Dennison
- Edward Eldridge
- Francis Denny
- S. N. Gilman
- Wyatt A. George
- B. Eming
- D. B. Hannah
- A. H. Sanabee
- Oliver P Lacy
- Henry Leland
- James V. O'Dell
- George H. Stuword
- Sylvester M. Wait
The following words to wit: "The Columbia
River and the navigable water of the state shall be common highways and forever
free as well to the inhabitants of the state as to the citizens of the United
States without any tax, duty or impost forever" ---- in section 1 of the Article
on Eminent D, were domain, page 2 of this book, were inserted in error and on
final revision were struck out by order of the convention.
[Giuna] Hall,
Walla Walla July 27th, 1878
W. Byron Daniels Secretary
Territory of
Washington
Executive Department
Olympia, August 3, 1878
The
foregoing engrossed Constitution of the State of Washington was with this day
filed in this office.
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