31 ** I VJ Z.7 \ • Q I CONSTITUTION, STATE OF WASHINGTON. PREAMBLE. WE, THE PEOPLE OF THE STATE OF WASHINGTON, GRATEFUL TO THE SUPREME RULER OF THE UNIVERSE FOR OUR LIBERTIES, DO ORDAIN THIS CONSTITUTION. ARTICLE I. — DECLARATION OF RIGHTS. Section 1. All political, power is inherent in the p°wer Cal people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights. Sec. 2. The Constitution of the United States is the supreme law. supreme law of the land. Sec. 3. No person shall be deprived of life, liberty Right of trial, or property without due process of law. Sec. 4. The right of petition, and of the people of peaceably to assemble for the common good, shall never be abridged. Sec. 5. Every person may freely speak, write and guarar?teed h publish on all subjects, being responsible for the abuse of that right. Sec. 6. The mode of administering an oath, or affir- administered, mation, shall be such as may be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered. Sec. 7. No person shall be disturbed in his private f a r 0 i Jed eaffairs affairs, or his home invaded, without authority of law. Sec. 8. No law granting irrevocably any privilege, franchise or immunity shall be passed by the legisla- ture. Sec. 9. No person shall be compelled in any criminal case to give evidence against himself, or be twice put conviction - in jeopardy for the same offense. Sec. 10. Justice in all cases shall be administered openly, and without unnecessary delay. ( 137 ) 138 STATE CONSTITUTION. Religious liberty. Special privi- leges shall not be granted. Writ of habeas corpus. Excessive bail. Taking of pri- vate property. Sec. 11. Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion, but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentious- ness, or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to effect the weight of his testimony. Sec. 12. No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens or corporations. Sec. 13. The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion or invasion the public safety requires it. Sec. 14. Excessive bail shall not be required, exces- sive fines imposed, nor cruel punishment inflicted. Sec. 15. No conviction shall work corruption of blood, nor forfeiture of estate. Sec. 16. Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes or ditches on or across the lands of others for agricultural, domestic or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner, and no right-of-way shall be appropriated to the use of any corporation other than municipal, until full compen- sation therefor be first made in money, or ascertained and paid into the court for the owner, irrespective of STATE CONSTITUTION. 139 any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public. Sec. 17. There shall be no imprisonment for debt, except in cases of absconding debtors. Sec. 18. The military shall be in strict subordination to the civil power. Sec. 19. All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage., Sec. 20. All persons charged with crime shall be bailable by sufficient sureties, except for capital offences, when the proof is evident or the presumption great. Sec. 21. The right of trial by jury shall remain in- violate, but the legislature may provide for a jury of any number less than twelve in courts not of record, and for a verdict of nine or more jurors in civil cases in any court of record, and for waiving of the jury in civil cases where the consent of the parties interested is given thereto. Sec. 22. 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 accu- sation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases ; and in no instance shall any accused person before final judgment be com- pelled to advance money or fees to secure the rights herein guaranteed. Sec. 23. No bill of attainder, ex post facto law, or law No imprison- ment for debt. Military subordinate. Elections must be free and egual. Right of trial by jury. Right of de- fense in court. Right of appeal. Ex post facto law. 140 STATE CONSTITUTION. Right to bear arms. Prosecution information. Grand jury. Treason. Constitution mandatory. Standing army. Legislature. impairing the obligations of contracts shall ever be passed. Sec. 24. The right of the individual citizen to bear arms in defense of himself or the state shall not be im- paired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men. Sec. 25. Offenses heretofore required to be prose- cuted by indictment may be prosecuted by information or by indictment, as shall be prescribed by law. Sec. 26. No grand jury shall be drawn or summoned in any county, except the superior judge thereof shall so order. Sec. 27. Treason against the state shall consist only in levying war against the state, or adhering to its en- emies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court. Sec. 28. No hereditary emoluments, privileges or powers shall be granted or conferred in this state. Sec. 29. The provisions of this constitution are man- datory unless by express words they are declared to be otherwise. Sec. 30. The enumeration in this constitution of cer- tain rights shall not be construed to deny others re- tained by the people. Sec. 31. No standing army shall be kept up by this state in time of peace, and no soldiers shall in time of peace be quartered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law. Sec. 32. A frequent recurrence to fundamental prin- ciples is essential to the security of individual right and the perpetuity of free government. ARTICLE II.— LEGISLATIVE DEPARTMENT. Section 1 . The legislative powers shall be vested in a Senate and House of Representatives, which shall be called the Legislature of the State of Washington. STATE CONSTITUTION. 141 Sec. 2. The House *of Representatives shall be com- posed of not less than sixty-three nor more than ninety- nine members. The number of senators shall not be more than one-half nor less than one-third of the num- ber of members of the House of Representatives. The first Legislature shall be composed of seventy members of the House of Representatives and thirty-five Sena- tors. Sec. 3. The Legislature shall provide by law for an enumeration of the inhabitants of the state in the year one thousand eight hundred and ninety-five, and every ten years thereafter ; and at the first session after such enumeration, and also after each enumeration made by the authority of the United States, the Legislature shall apportion and district anew the members of the Senate and House of Reprsentatives, according to the number of inhabitants, excluding Indians not taxed, soldiers, sailors and officers of the United States army and navy in active service. Sec. 4. Members of the House of Representatives shall be elected in the year eighteen hundred and eighty- nine, at the time and in the manner provided by this constitution, and shall hold their offices for the term of one year and until their successors shall be elected. Sec. 5. The next election of the members of the House of Representatives after the adoption of this constitution shall be on the first Tuesday after the first Monday of November, eighteen hundred and ninety, and thereafter members of the House of Representa- tives shall be elected biennially, and their term of office shall be two years ; and each election shall be on the first Tuesday after the first Monday in November, unless otherwise changed by law. Sec. 6 . After the first election the senators shall be elected by single districts of convenient and contiguous territory at the same time and in the same manner as members of the House of Representatives are required to be elected, and no representative district shall be divided in the formation of a senatorial district. They shall be elected for the term of four years, one-half of Limited membership. State census. First election of represent- atives. Tenure of office. Second and subsequent elections. Election of state senators . 142 STATE CONSTITUTION. Eligibility. Election returns. Quorum. .Rules. Officers of each house. Journal. Adjournment. Meetings of the Legis- lature. their number retiring every two years. The senatorial districts shall be numbered consecutively, and the senators chosen at the first election had by virtue of this constitution, in odd numbered districts, shall go out of office at the end of the first year, and the Senators elected in the even numbered districts shall go out of office at the end of the third year. Sec. 7. No person shall be eligible to the Legislature who shall not be a citizen of the United States and a qualified voter in the district for which he is chosen. Sec. 8. Each House shall be the judge of the elec- tion, returns, and qualifications of its own members, and a majority of each House 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 provide. Sec. 9. Each House may determine the rules of its own proceedings, punish for contempt and disorderly behavior, and, with the concjirrence of two-thirds of all the members elected, expel a member, but no mem- ber shall be expelled a second time for the same offense. Sec. 10. Each House shall elect its own officers, and when the Lieutenant Governor shall not attend as president, or shall act as Governor, the Senate shall chose a temporary president. When presiding, the Lieutenant Governor shall have the deciding vote in case of an equal division of the Senate. Sec. 11. Each House shall keep a journal of its pro- ceedings and publish the same, except such parts as require secrecy. The doors of each House shall be kept open, except when the public welfare shall require secrecy. Neither House shall adjourn for more than three days, nor to any place other than that in which they may be sitting, without the consent of the other. Sec. 12. The first Legislature shall meet on the first Wednesday after the first Monday in November, A. D. 1889. The second Legislature shall meet on the first Wednesday after the first Monday in January, A. D. STATE CONSTITUTION. 143 1891, and sessions of the Legislature will be held biennially thereafter, unless specially convened by the Governor, but the times of meeting of subsequent ses- sions may be changed by the Legislature. After the first Legislature the sessions shall not be more than sixty days. Sec. 13. No member of the Legislature, during the term for which he is elected, shall be appointed or elected to any civil office in the state, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected. Sec. 14. No person, being a member of Congress, or holding any civil or military office under the United States or any other power, shall be eligible to be a member of the Legislature ; and if any person after his election as a member of the Legislature shall be elected to Congress or be-appointed to any other office, civil or military, under the government of the United States, or any other power, his acceptance thereof shall vacate his seat : Provided , That officers in the militia of the state who receive no annual salary, local officers and postmasters, whose compensation does not exceed three hundred dollars per annum, shall not be ineligible. Sec. 15. The Governor shall issue writs of election to fill such vacancies as may occur in either house of the Legislature. Sec. 16. Members of the Legislature shall be privi- leged from arrest in all cases except treason, felony and breach of the peace ; they shall not be subject to any civil process during the session of the Legislature, nor for fifteen days next before the commencement of each session. Sec. 17. No member of the Legislature shall be liable in any civil action or criminal prosecution what- ever for words spoken in debate. Sec. 18. The style of the laws of the state shall be : “Be it enacted by the Legislature of the State of Wash- ington.” And no law shall be enacted except by bill. Limit of session. Ineligibility of members to certain offices. Who are ineligible to membership in Legislature. V acancies. Immunity from arrest. Free speech. Style of laws. 144 STATE CONSTITUTION. But one sub- ject, in bill. Either house may amend. Yeas and nays. Yeas and nays in passage of bill. Compensation of members. Lottery.— Divorce. Extra com- pensation forbidden. Suit against state. Private laws forbidden in certain cases. Sec. 19. No bill shall embrace more than one sub- ject, and that shall be expressed in the title. Sec. 20. Any bill may originate in either house of the Legislature, and a bill passed by one house may be amended in the other. Sec. 21. The yeas and nays of the members of either house shall be entered on the journal on the de- mand of one-sixth of the members present. Sec. 22. No bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal of each house, and a major- ity of the members elected to each house be recorded thereon as voting in its favor. Sec. 23. Each member of the Legislature shall receive for his services five dollars for each day’s attendance during the session, and ten cents for every mile he shall travel in going to and returni$g from the place of meeting of the Legislature, on the most usual route. Sec. 24. The Legislature shall never authorize any lottery or grant any divorce. Sec. 25. The Legislature shall never grant any extra compensation to any public officer, agent, servant or contractor after the services shall have been rendered or the contract entered into, nor shall the compensa- tion of any public officer be increased or diminished during his term of office. Sec. 26. The Legislature shall direct by law in what manner and in what courts suits may be brought against the state. Sec. 27. In all elections by the Legislature the mem- bers shall vote viva voce , and their votes shall be en- tered on the journal. SPECIAL LEGISLATION. Sec. 28. The Legislature is prohibited from enacting any private or special law in the following cases : 1. For ^hanging the names of persons, or constitut- ing one person the heir at law of another. 2. For laying out, opening or altering highways, ex- cept in cases of state roads extending into more than STATE CONSTITUTION. 145 one county, and military roads to aid in the construc- tion of which lands shall have been or may be granted by Congress. 3. For authorizing persons to keep ferries wholly within this state. 4. For authorizing the sale or mortgage of real or personal property of minors, or others under disability. 5. For assessment or collection of taxes, or for ex- tending the time for collection thereof. 6. For granting corporate powers or privileges. 7. For authorizing the apportionment of any part of the school fund. 8. For incorporating any town or village, or to amend the charter thereof. 9. [From] giving effect to invalid deeds, wills or other instruments. 10. Releasing or extinguishing, in whole or in part, the indebtedness, liability or other obligation of any person or corporation to this state, or to any municipal corporation therein. 11. Declaring any person of age, or authorizing any minor to sell, lease or encumber his or her property. 12. Legalizing, except as against the state, the unau- thorized or invalid act of any officer. J3. Regulating the rates of interest on money. 14. Remitting fines, penalties or forfeitures. 15. Providing for the management of common schools. 16. Authorizing the adoption of children. 17. For limitation of civil or criminal action. 18. Changing county lines, locating or changing county seats : Provided , This shall not be construed to apply to the creation of new counties. Sec. 29. Aftei* the first day of January, eighteen hundred and ninety, the labor of convicts of this state shall not be let out by contract to any person, copart- nership, company or corporation,' and the Legislature shall by law provide for the working of convicts for the benefit of the state. —10 Labor of convicts. 146 STATE CONSTITUTION. Corrupt solicitation. Members shall not vote in certain cases. Caws take effect when. Presiding officers to sign bill. Ownership of lands by aliens. Sec. 30. The offense of corrupt solicitation of mem- bers of the Legislature, or of public officers of the state or any municipal division thereof, and any occupation or practice of solicitation of such members or officers to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment. Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who may be charged with having committed the offense of bribery or corrupt solicitation, or practice of solici- tation, and shall not be permitted to withhold his tes- timony on the ground that it may criminate himself or subject him to public infamy, but such testimony shall not afterwards be used against him in any judi- cial proceeding — except for perjury in giving such testimony — and any person convicted of either of the offenses aforesaid, shall, as part of the punishment therefor, be disqualified from ever holding any position of honor, trust or profit in this state. A member who has a private interest in any bill or measure proposed or pending before the Legislature shall disclose the fact to the house of which he is a member, and shall not vote thereon. Sec. 31. No law, except appropriation bills, shall take effect until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency (which emergency must be expressed in the preamble or in the body of the act) the Legislature shall otherwise direct by vote of two-thirds of all the members elected to each house; said vote to be taken by yeas and nays and entered on the journals. Sec. 32. No bill shall become a law until the same shall have been signed by the presiding officer of each of the two houses in open session," and under such rules as the Legislature shall prescribe. Sec. 33. The ownership of land by aliens, other than those who in good faith have declared their intention to become citizens of the United States, is prohibited in this state, except where acquired by inheritance, under mortgage or in good faith in the ordinary course STATE CONSTITUTION. 147 of justice in the collection of debts; and all conveyances of lands hereafter made to any alien directly, or in trust for such alien, shall be void : Provided , That the provisions of this section shall not apply to lands con- taining valuable deposits of minerals, metals, iron, coal or fire clay, and the necessary land for mills and machinery to be used in the development thereof and the manufacture of the products therefrom. Every corporation, the majority of the capital stock of which is owned by aliens, shall be considered an alien for the purpose of this prohibition. Sec. 34. There shall be established in the office of the Secretary of State, a bureau of statistics, agriculture and immigration, under such regulations as the Legis- lature may provide. Sec. 35. The Legislature shall pass necessary laws for the protection of persons working in mines, factories and other employment dangerous to life and deleterious to health ; and fix pains and penalties for the enforce- ment of same. Sec. 36. No bill shall be considered in either house unless the time of its introduction shall have been at least ten days before the final adjournment of the Legislature, unless the Legislature shall otherwise direct by a vote of two-thirds of all the members elected to each house, said vote to be taken by yeas and nays and entered upon the journal, or unless the same be at a special session. Sec. 37. No act shall ever be revised or amended by mere reference to its title, but the act revised or the section amended shall be set forth at full length. Sec. 38. No amendment to any bill shall be allowed which shall change the scope or object of the bill. Sec. 39. It shall not be lawful for any person hold- ing public office in this state to accept or use a pass or to purchase transportation from any railroad or other corporation, other than as the same may be purchased by the general public, and the Legislature may pass laws to enforce this provision. Bureau of statistics. Laws relating to mines and factories. Introduction of bills limited. Amending laws. Amendment to bills. Passes forbidden. 148 STATE CONSTITUTION. Executive de- partment con- sists of whom. Governor. Tenure of office. Other officers. Tenure of office. Election of executive officers. — Returns. Certificate of election. Contested elections. Duties of Governor. ARTICLE III. — THE EXECUTIVE. Section 1 . The executive department shall consist of a Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, Attorney General, Superin- tendent of Public Instruction, and a Commissioner of Public Lands, who shall be severally chosen by the qualified electors of the state at the same time and place of voting as for the members of the Legislature. Sec. 2. The supreme executive power of this state shall be vested in a Governor, who shall hold his office for a term of four years, and until his successor is elected and qualified. Sec. 3. The Lieutenant Governor, Secretary of State, Treasurer, Auditor, Attorney General, Superintendent of Public Instruction, and Commissioner of Public Lands, shall hold their offices for four years, respec- tively, and until their successors are elected and quali- fied. Sec. 4. The returns of every election for the officers named in the first section of this article shall be sealed up and transmitted to the seat of government by the returning officers, directed to the Secretary of State, who shall deliver the same to the speaker of the House of Representatives at the first meeting of the House thereafter, who shall open, publish and declare the re- sult thereof in the presence of a majority of the mem- bers of both houses. The person having the highest number of votes shall be declared duly elected, and a certificate thereof shall be given to such person, signed by the presiding officers of both houses ; but if any two or more shall be highest and equal in votes for the same office, one of them shall be chosen by the joint vote of both houses. Contested elections for such officers shall be decided by the Legislature in such manner as shall be decided by law. The terms of all officers named in section one of this article shall commence on the second Monday in January after their election, until otherwise provided by law. Sec. 5. The Governor may require information in writing from the officers of the state upon any subject STATE CONSTITUTION. 149 relating to the duties of their respective offices, and shall see that the laws are faithfully executed. Sec. 6. He shall communicate at every session by Message, message to the Legislature the condition of the affairs of the state, and recommend such measures as he shall deem expedient for their action. Sec. 7. He may, on extraordinary occasions, convene Legislature in the Legislature by proclamation, in which shall be extra session - stated the purposes for which the Legislature is con- vened. Sec. 8. He shall be commander-in-chief of the mili- commander- m-chief. tary in the state except when they shall be called into the service of the United States. Sec. 9. The pardoning power shall be vested in the po^j 5 °g ing ' Governor under such regulations and restrictions as may be prescribed by law. Sec. 10. In case of the removal, resignation, death Duties shall or disability of the Governor, the duties of the office ^ r e n n 0 a r nt shall devolve upon the Lieutenant Governor, and in case when - of a vacancy in both the offices of Governor and Lieu- tenant Governor, the duties of Governor shall devolve upon the Secretary of State, who shall act as Governor until the disability be removed or a Governor be elected. Sec. 11. The Governor shall have power to remit mayremit r» jrc'-j. j i li.' fines, etc. nnes and forfeitures, under such regulations as may be prescribed by law, and shall report to the Legisla- ture at its next meeting each case of reprieve, commu- tation, or pardon granted, and the reasons for granting the same, and also the names of all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted and the rea- sons for the remission. Sec. 12. Every act which shall have nassed the Leg- Duties of J x o Governor in islature shall be, before it becomes a law, presented to enactment of the Governor. If he approves, he shall sign it; but if laws -~ Vet;oes not, he shall return it, with his objections, to that house in which it shall have originated, which house shall enter the objections at large upon the journal and proceed to reconsider. If, after such reconsidera- tion, two-thirds of the members present shall agree to 150 STATE CONSTITUTION. May veto one or more items or sections. Fill vacancies by appoint- ment. Salary of Governor. pass the bill, it shall be sent, together with the objec- tions, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present, it shall become a law ; but in all such cases the vote of both houses shall be determined by the yeas and nays and the names of the members voting for or against the bill shall be entered upon the journal of each house respectively. If any bill shall not be returned by the Governor within five days, Sunday excepted, after it shall be presented to him, it shall become a law without his signature, unless the general adjournment shall prevent its return, in which case it shall become a law unless the Governor within ten days next after the adjournment, Sundays excepted, shall file such bill, with his objections thereto, in the office of Secretary of State, who shall lay the same be- fore the Legislature at its next session in like manner as if it had been returned by the Governor. If any bill presented to the Governor contain several sections or items, he may object to one or more sections or items while approving other portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the section or sections, item or items to which he objects and the reasons therefor and the section or sections, item or items, so objected to shall not take effect unless passed over the Gov- ernor’s objection as hereinbefore provided. Sec. 13. When, during a recess of the Legislature, a vacancy shall happen in any office, the appointment to which is vested in the Legislature, or when at any time a vacancy shall have occurred in any other state office, for the filling of which vacancy no provision is made elsewhere in this constitution, the Governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified. Sec. 14. The governor shall receive an annual salary of four thousand dollars, which may be increased by law, but shall never exceed six thousand dollars per annum. Sec. 15.. All commissions shall issue in the name of STATE CONSTITUTION. 151 the state, shall be signed by the Governor, sealed with the seal of the state, and attested by the Secretary of commisslons - State. Sec. 16. The Lieutenant governor shall be presiding Lieutenant officer of the State Senate, and shall discharge such Govern01 - other duties as may be prescribed by law. He shall receive an annual salary of one thousand dollars, which salary, may be increased by the Legislature, but shall never exceed three thousand dollars per annum. Sec. 17. The Secretary of State shall keep a record retaryo? state, of the official acts of the Legislature and executive de- partment of the state, and shall, when required, lay the same and all other matters relative thereto before either branch of the Legislature, and shall perform such other duties as shall be assigned him by law. He shall receive an annual salary of twenty-five hun- salary, dred dollars, which may be increased by the Legisla- ture, but shall never exceed three thousand dollars per annum. Sec. 18. There shall be a seal of the state kept by state seal? the Secretary of State for official purposes, which shall be called “The Seal of the State of Washington.” Sec. 19. The treasurer shall perform such duties as Treasurer State shall be prescribed by law. He shall receive an annual salary of two thousand dollars, which may be increased salary, by the Legislature, but shall never exceed four thousand dollars per annum. Sec. 20. The auditor shall be auditor of public ac- State Auditor, counts, and shall have such powers and perform such duties in connection therewith as may be prescribed by law. He shall receive an annual salary of two salary, thousand dollars, which may be increased by the Legis- lature, but shall never exceed three thousand dollars per annum. Sec. 21. The Attorney General shall be the legal Attorney advisor of the state officers, and shall perform such GeneraL other duties as may be prescribed by law. He shall receive an annual salary of two thousand dollars, which salary, may be increased by the Legislature, but shall never exceed thirty-five hundred dollars per annum. 152 STATE CONSTITUTION. Duties of Su- perintendent of Public Instruction. Salary. Land Com- missioner. Certain offices to be kept at capital. Eligibility to state office. Certain offices may be abolished. Supreme Court. Inferior courts. Supreme Court consists of whom. Sec. 22. The Superintendent of Public Instruction shall have supervision over all matters pertaining to public schools, and shall perform such specific duties as may be prescribed by law. He shall receive an an- nual salary of twenty-five hundred dollars, which may be increased by law, but shall never exceed four thou- sand dollars per annum. Sec. 23. The Commissioner of Public Lands shall perform such duties and receive such compensation as the Legislature may direct. Sec. 24. The Governor, Secretary of State, Treasurer, Auditor, Superintendent of Public Instruction, Com- missioner of Public Lands and Attorney General shall severally keep the public records, books and papers re- lating to their respective offices, at the seat of govern- ment, at which place also the Governor, Secretary of State, Treasurer and Auditor shall reside. Sec. 25. No person, except a citizen of the United States and a qualified elector of this state, shall be eligible to hold any state office, and the State Treasurer shall be ineligible for the term succeeding that for which he was elected. The compensation of state officers shall not be increased or diminished during the term for which they shall have been elected. The Legislature may, in its discretion, abolish the offices of Lieutenant Governor, Auditor and Commissioner of Public Lands. ARTICLE IV.— THE JUDICIARY. Section 1. The judicial power of the state shall be vested in a Supreme Court, Superior Courts, justices of the peace, and such inferior courts as the Legislature may provide. Sec. 2. The Supreme Court shall consist of five judges, a majority of whom shall be necessary to form a quorum and pronounce a decision. The said court shall always be open for the transaction of business except on non-judicial days. In the determination of causes, all decisions of the court shall be given in writing, and the grounds of the decision shall be stated. The Legislature may increase the number of judges of STATE CONSTITUTION. 153 the Supreme Court from time to time, and may pro- vide for separate departments of said court. Sec. 3. The judges of the Supreme Court shall be elected by the qualified electors of the state at large, Electl0U - at the general state election, at the times and places at which state officers are elected, unless some other time be provided by the Legislature. The first election of judges of the Supreme Court shall be at the election which shall be held upon the adoption of this constitu- tion, and the judges elected thereat shall be classified, by lot, so that two shall hold their office for the term of JX c e e . three years, two for a term of five years, and one for the term of seven years. The lot shall be drawn by the judges, who shall for that purpose assemble at the seat of government, and they shall cause the result thereof to be certified to the Secretary of State, and filed in his office. The judge having the shortest term chief justice, to serve, not holding his office by appointment or election to fill a vacancy, shall be the chief justice, and shall preside at all sessions of the Supreme Court, and in case there shall be two judges having in like man- ner the same short term, the other judges of the Su- preme Court shall determine which of them shall be chief justice. In case of the absence of the chief jus- tice, the judge having in like manner the shortest or next shortest term to serve shall preside. After the first election the terms of judges elected shall be six years from and after the second Monday in January next succeeding their election. If a vacancy occur in vacancy the office of a judge of the Supreme Court, the Gover- nor shall appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall take place at the next succeeding general election, and the judge so elected shall hold the office for the remainder of the unexpired term. The term of office of the judges of the Supreme Court, first elected, shall commence as soon as the state shall have been admitted into the Union, and continue for the term herein provided, and until their successors are elected and qualified. The sessions of the Supreme 154 STATE CONSTITUTION. Jurisdiction of Supreme Court. Powers of judges. Superior Courts. Court shall be held at the seat of government until otherwise provided by law. Sec. 4. The Supreme Court shall have original jur- isdiction in habeas corpus, and quo warranto and mandamus as to all state officers, and appellate juris- diction in all actions and proceedings, excepting that its appellate jurisdiction shall not extend to civil ac- tions at law for the recovery of money or personal property when the original amount in controversy, or the value of the property, does not exceed the sum of two hundred dollars ($200), unless the action involves the legality of a tax, impost, assessment, toll, municipal fine, or the validity of a statute. The Supreme Court shall also have power to issue writs of mandamus, re- view, prohibition, habeas corpus, certiorari and all other writs necessary and proper to the complete exer- cise of its appellate and revisory jurisdiction. Each of the judges shall have power to issue writs of habeas corpus to any part of the state upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or before the Supreme Court, or before any Superior Court of the state, or any judge thereof. Sec. 5. There shall be in each of the organized coun- ties of this state a Superior Court for which at least one judge shall be elected by the qualified electors of the county at the general state election : Provided, That until otherwise directed by the Legislature one judge only shall be elected for the counties of Spokane and Stevens; one judge for the county of Whitman ; one judge for the counties of Lincoln, Okanogan, Douglas and Adams ; one judge for the counties of Walla Walla and Franklin; one judge for the counties of Columbia, Garfield and Asotin; one judge for the counties of Kittitas, Yakima and Klickitat; one judge for the counties of Clarke, Skamania, Pacific, Cowlitz and Wahkiakum; one judge for the counties of Thurston, Chehalis, Mason and Lewis; one judge for the county of Pierce ; one judge for the county of King ; one judge for the counties of Jefferson, Island, Kitsap, San Juan STATE CONSTITUTION. 155 and Clallam; and one judge for the counties of What- com, Skagit and Snohomish. In any county where there shall be more than one superior judge, there may be as many sessions of the Superior Court at the same time as there are judges thereof, and whenever the Governor shall direct a superior judge to hold court in any county other than that for which he has been elected, there may be as many sessions of the Superior Court in said county at the same time as there are judges therein, or assigned to duty therein by the Governor, and the business of the court shall be so distributed and assigned by law, or, in the absence of legislation therefor, by such rules and orders of court, as shall best promote and secure the convenient and expeditious transaction thereof. The judgments, de- crees, orders and proceedings of any session of the Superior Court held by any one or more of the judges of such court shall be equally effectual as if all the judges of said court presided at such session. The first superior judges elected under this constitution shall hold their offices for the period of three years, and until their successors shall be elected and quali- fied, and thereafter the term of office of all superior judges in this state shall be for four years from the second Monday in January next succeeding their elec- tion, and until their successors are elected and qualified. The first election of judges of the Superior Court shall be at the election held for the adoption of this consti- tution. If a vacancy occurs in the office of judge of the Superior Court, the Governor shall appoint a per- son to hold the office until the election and qualifica- tion of a judge to fill the vacancy, which election shall be at the next succeeding general election, and the judge so elected shall hold office for the remainder of the unexpired term. Sec. 6. The Superior Court shall have original juris- diction in all cases in equity, and in all cases of law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the de- Sessions of court. Tenure of office of supe- rior judges. Jurisdiction of Superior Courts. 156 STATE CONSTITUTION. Powers of judges and courts. J udges may hold court in any county by request. Pro tempore judges. Leave of absence of judges. mand, or the value of the property in controversy amounts to one hundred dollars, and in all criminal cases amounting to felony, and in all cases of misde- meanor not otherwise provided for by law ; of actions of forcible entry and detainer ; of proceedings in insol- vency ; of actions to prevent or abate a nuisance ; of all matters of probate, of divorce, and for annulment of marriage ; and for such special cases and proceedings as are not otherwise provided for. The Superior Court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been ' by law vested exclusively in some other court; and said court shall have the power of naturaliaztion > and to issue papers therefor. They shall have such appellate jurisdiction in cases arising in justice’s and other inferior courts in their respective counties as may be prescribed by law. They shall be always open except on non-judicial days, and their process shall ex- tend to all parts of the state. Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition and writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective counties. Injunctions and writs of prohibition and of habeas corpus may be issued and served on legal holidays and non-judicial days. Sec. 7. The judge of any Superior Court may hold a Superior Court in any county at the request of the judge of the Superior Court thereof, and upon the re- quest of the Governor it shall be his duty to do so. A case in the Superior Court may be tried by a judge pro tempore , who must be a member of the bar, agreed upon in writing by the parties litigant, or their attor- neys of record, approved by the court, and sworn to try the case. Sec. 8. Any judicial officer who shall absent himself from the state for more than sixty consecutive days shall be deemed to have forfeited his office: Provided , That in cases of extreme necessity the Governor may STATE CONSTITUTION. 157 extend the leave of absence such time as the necessity therefor shall exist. Sec. 9. Any judge of any court of record, the At- jjggg? ‘ gf oer torney General, or any prosecuting attorney may be byLeglsl!aure ' removed from office by joint resolution of the Legis- lature, in which three-fourths of the members elected to each house shall concur, for incompetency, corrup- tion, malfeasance, or delinquency in office, or other sufficient cause stated in such resolution. But no removal shall be made unless the officer complained of Proceedings, shall have been served with a copy of the charges against him as the ground of removal, and shall have an opportunity of being heard in his defense. Such resolution shall be entered at length on the journal of both houses, and on the question of removal the ayes and nays shall also be entered on the journal. Sec. 10. The Legislature shall determine the number Justices of ° # # the peace. of justices of the peace to be elected in incorporated cities or towns and in precincts, and shall prescribe by law the powers, duties and jurisdiction of justices of the peace: Provided , That such jurisdiction granted by the Legislature shall not trench upon the jurisdiction of superior or other courts of record, except that justices of the peace may be made police justices of incorporated cities and towns. In incorporated cities or towns hav- ing more than five thousand inhabitants the justices of the peace shall receive such salary as may be provided by law, and shall receive no fees for their own use. Sec. 11. The Supreme Court and the superior courts record*. ° f shall be courts of record, and the Legislature shall have power to provide that any of the courts of this state, ex- cepting justices of the peace, shall be courts of record. Sec. 12. The Legislature shall prescribe by law the inferior ° x courts, juris- jurisdiction and powers of any of the inferior courts diction of - which may be established in pursuance of this consti- tution. Sec. 13. No judicial officer, except court commis- of°jSdiSS tion sioners and unsalaried justices of the peace, shall re- officers - ceive to his own use any fees or perquisites of office. The judges of the Supreme Court and judges of the 158 STATE CONSTITUTION. Salary of su- perior judge, how paid. Salaries of judges, amount per annum. Judges ineli- gible to any other office. Charge to jury. Eligibility to judgeship. Reporter for Supreme Court. Superior Courts shall severally, at stated times, during their continuance in office, receive for their services the salaries prescribed by law therefor, which shall not be increased after their election, nor during the term for which they shall have been elected. The salaries of the judges of the Supreme Court shall be paid by the state. One-half of the salary of each of the Superior Court judges shall be paid by the state, and the other one-half by the county or counties for which he is elected. In cases where a judge is pro- vided for more than one county, that portion of his salary which is to be paid by the counties shall be ap- portioned between or among them according to the assessed value of their taxable property, to be deter- mined by the assessment next preceding the time for which such salary is to be paid. Sec. 14. Each of the judges of the Supreme Court shall receive an annual salary of four thousand dollars ($4,000); each of the Superior Court judges shall re- ceive an annual salary of three thousand dollars ($3,000), which said salary shall be payable quarterly. The Legislature may increase the salaries of the judges herein provided. Sec. 15. The judges of the Supreme Court and the judges of the Superior Court shall be ineligible to any other office or public employment than a judicial office or employment during the term for which they shall have been elected. Sec. 16. Judges shall not charge juries with respect to matters of fact, nor comment thereon, but shall de- clare the law. Sec. 17. No person shall be eligible to the office of judge of the Supreme Court or judge of a Superior Court unless he shall have been admitted to practice in the courts of record of this State or Territory of Washington. Sec. 18. The judges of the Supreme Court shall ap- point a reporter for the decisions of that court, who shall be removable at their pleasure. He shall receive such annual salary as shall be prescribed by law. STATE CONSTITUTION. 159 Sec. 19. No judge of a court of record shall practice not practice law in any court of this state during his continuance law> in office. Sec. 20. Every cause submitted to a judge of a ^sesby ° f Superior Court for his decision shall be decided by him iX?o7tim| e ' within ninety days from the submission thereof : Pro- vided , , That if, within said period of ninety days a re- hearing shall have been ordered, then the period within which he is to decide shall commence at the time the cause is submitted upon such a rehearing. Sec. 21. The Legislature shall provide for the speedy opinionsof n su f - publications of opinions of the Supreme Court, and all P remeCourt - opinions shall be free for publication by any person. Sec. 22. The judges of the Supreme Court shall ap- pJ|me°cJurt. point a clerk of that court, who shall be removable at their pleasure, but the Legislature may provide for the election of the clerk of the Supreme Court and pre- scribe the term of his office. The clerk of the Supreme salary of. Court shall receive such compensation, by salary only, as shall be provided by law. Sec. 23. There may be appointed in each county, by SSssioSeS" the judge of the superior court having jurisdiction powersof ‘ therein, one or more court commissioners, not exceed- ing three in number, who shall have authority to per- form like duties as a judge of the superior court at chambers, subject to revision by such judge, to take depositions and to perform such other business con- nected with the administration of justice as may be prescribed by law. Sec. 24. The judges of the superior courts shall from ®JJ“ a of time to time, establish uniform rules for the govern- ment of the superior courts. Sec. 25. Superior judges shall, on or before the first re- day of November in each year, report in writing to the p?eme° judges, judges of the Supreme Court such defects and omissions in the laws as their experience may suggest, and the judges of the Supreme Court shall, on or before the first day of January in each year, report in writing to the Governor such defects and omissions in the laws as they may believe to exist. 160 STATE CONSTITUTION. Clerk of Supe- rior Court. Style of processes. Oaths of office of judges. Proceedings in impeachment cases. Impeachment for what offenses. Removal from office. Sec. 26. The county clerk shall be by virtue of his office, clerk of the Superior Court. Sec. 27. The style of all process shall be, “The State of Washington,” and all prosecutions shall be con- ducted in its name and by its authority. Sec. 28. Every judge of the Supreme Court and every judge of a Superior Court shall, before entering upon the duties of his office, take and subscribe an oath that he will support the constitution of the United States and the constitution of the State of Washington, and will faithfully and impartially discharge the duties of judge to the best of his ability, which oath shall be filed in the office of the Secretary of State. ARTICLE V. — IMPEACHMENT. Sec. 1. The House of Representatives shall have the sole power of impeachment. The concurrence of a majority of all the members shall be necessary to an impeachment. All impeachments shall be tried by the Senate, and when sitting for that purpose the senators shall be upon oath or affirmation to do justice accord- ing to law and evidence. When the Governor or Lieutenant Governor is on trial, the chief justice of the Supreme Court shall preside. No person shall be con- victed without a concurrence of two-thirds of the sen- ators elected. Sec. 2. The Governor and other state and judicial officers, except judges and justices of courts not of rec- ord, shall be liable to impeachment for high crimes or misdemeanors, or malfeasance in office, but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit, in the state. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law. Sec. 8 . All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office, in such manner as may be provided by law. STATE CONSTITUTION. 161 ARTICLE VI.— ELECTIONS AND ELECTIVE RIGHTS. Section 1. All male persons of the age of twenty- o^eiectors. 0118 one years or over, possessing the following qualifica- tions, shall be entitled to vote at all elections : They shall be citizens of the United States; they shall have lived in the state one year, and in the county ninety days, and in the city, town, ward or precinct thirty days immediately preceding the election at which they offer to vote : Provided, That Indians not taxed shall never be allowed the elective franchise : Provided further , That all male persons who at the time of the adoption of this constitution are qualified electors of the territory shall be electors. Sec. 2. The Legislature may provide that there shall U school be no denial of the elective franchise at any school elec- tion on account of sex. Sec. 3. All idiots, insane persons, and persons con- Certain ^ victed of infamous crime, unless restored to their civil electors -‘ rights, are excluded from the elective franchise. Sec. 4. For the purpose of voting and eligibility to ge^encenot office no person shall be deemed to have gained a resi- slryic^etc dence by reason of his presence, or lost it by reason of his absence, while in the civil or military service of the state or of the United States, nor while a student at any institution of learning, nor while kept at public expense at any poor house or other asylum, nor while confined in public prison, nor while engaged in the navigation of the waters of this state or of the United States, or of the high seas. Sec. 5. Voters shall in all cases except treason, f el- immunity ony and breach of the peace, be privileged from arrest election days, during their attendance at elections and in going to and returning therefrom. No elector shall be required to do military duty on the day of any election except in time of war or public danger. Sec. 6. All elections shall be by ballot. The Legisla- ®aiiot ioris ture shall provide for such method of voting as will secure to every elector absolute secrecy in preparing and depositing his ballot. —11 162 STATE CONSTITUTION. Registration laws. First election of officers; subsequent elections. All property taxed accord- ing to value : annual levies. Uniform and equal rates of taxation. Sec. 7. The Legislature shall enact a registration law, and shall require a compliance with such law be- fore any elector shall be allowed to vote: Provided, That this provision is not compulsory upon the Legis- lature, except as to cities and towns having a popula- tion of over five hundred inhabitants. In all other cases the Legislature may or may not require registration as a pre-requisite to the right to vote, and the same sys- tem of registration need not be adopted for both classes. Sec. 8. The first election of county and district of- ficers, not otherwise provided for in this constitution, shall be on the Tuesday next after the first Monday in November, 1890, and thereafter all elections for such officers shall be held biennially on the Tuesday next succeeding the first Monday in November. The first election of all state officers not otherwise provided for in this constitution, after the election held for the adoption of this constitution, shall be on the Tuesday next after the first Monday in November, 1892, and the elections for such state officers shall be every fourth year thereafter on the Tuesday succeeding the first Monday in November. ARTICLE VII. — REVENUE AND TAXATION. Section 1 . All property in the state, not exempt under the laws of the United States, or under this con- stitution, shall be taxed in proportion to its value, to be ascertained as provided by law. The Legislature shall provide by law for an annual tax sufficient, with other sources of revenue, to defray the estimated ordi- nary expenses of the state for each fiscal year. And for the purpose of paying the state debt, if there be any, the Legislature shall provide for levying a tax annually, sufficient to pay the annual interest and principal of such debt within twenty years from the final passage of the law creating the debt. Sec. 2. The Legislature shall provide by law a uni- form and equal rate of assessment and taxation on all property in the state, according to its value in money, and shall prescribe such regulations by general law as shall secure a just valuation for taxation of all prop- STATE CONSTITUTION. 163 erty, so that every person and corporation shall pay a tax in proportion to the value of his, her or its prop- erty : Provided , That a deduction of debts from credits may be authorized : Provided further , That the prop- Exemptions, erty of the United States, and of the state, counties, school districts and other municipal corporations, and such other property as the Legislature may by general laws provide, shall be exempt from taxation. Sec. 3. The Legislature shall provide by general law Assessment of ” r 1/0 corporation for the assessing and levying of taxes on all corpora- property, tion property as near as may be by the same methods as are provided for the assessing and levying of taxes on individual property. Sec. 4. The power to tax corporations and corporate Sa me. property shall not be surrendered or suspended by any contract or grant to which the state shall be a party. Sec. 5. No tax shall be levied except in pursuance S^uiuanc? of law; and every law imposing a tax shall state dis- oflaw ' tinctly the object of the same, to which only it shall be applied. Sec. 6. All taxes levied and collected for state pur- A 11 taxes paid poses shall be paid in money only into the state treasury. Sec. 7. An accurate statement of the receipts and an? expenditures of the public moneys shall be published ex P endltures - annually, in such manner as the Legislature may provide. Sec. 8. Whenever the expenses of any fiscal year Decencies shall exceed the income, the Legislature may provide provided for - for levying a tax for the ensuing fiscal year, sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of the ensuing fiscal year. Sec. 9. The Legislature may vest the corporate au- ail^wns to es thorities of cities, towns and villages with the power j.|^ s special to make local improvements by special assessment, or by special taxation of property benefited. For all corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes, and such taxes shall be uniform in respect to persons 164 STATE CONSTITUTION. and property within the jurisdiction of the body levy- ing the same. ARTICLE VIII.— STATE, COUNTY AND MUNICIPAL INDEBTEDNESS. State indebt- edness limited. Exceptions to limitation. Special pro- vision for incurring indebtedness. Appropri- ations. Section 1. The state may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts, but such debts, direct and contingent, singly or in the aggregate, shall not at any time exceed four hundred thousand dollars ($400,000), and the moneys arising from the loans creating such debts shall be applied to the purpose for which they were obtained, or to repay the debts so contracted, and to no other purpose whatever. Sec. 2. In addition to the above limited power to contract debts, the state may contract debts to repel invasion, suppress insurrection, or to defend the state in war, but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised and no other purpose whatever. Sec. 3. Except the debts specified in sections onfc and two of this article, no debt shall hereafter be con- tracted by, or on behalf of this state, unless such debt shall be authorized by law for some single work or ob- ject to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within twenty years from the time of the con- tracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people and have received a majority of all the votes cast for and against it at such election, and all moneys raised by authority of such law shall be applied only to the specific object therein stated, or to the payment of the debt thereby created, and such law shall be published in at least one newspaper in each county, if one be published therein, throughout the state, for three months next preceding the election at which it is submitted to the people. Sec. 4. No money shall ever be paid out of the treasury of this state, or any of its funds, or any of the STATE CONSTITUTION. 165 funds under its management, except in pursuance of an appropriation by law ; nor unless such payment be made within two years from the first day of May next after the passage of such appropriation act, and every such law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied, and it shall not be sufficient for such law to refer to any other law to fix such sum. Sec. 5. The credit of the state shall not, in any shin not t>e ate manner, he given or loaned to, or in aid of, any indi- Sl|o?itionl° f vidual, association, company or corporation. Sec. 6. No county, city, town, school district or other dehtednessof municipal corporation shall for any purpose become Ind n schooi lties indebted in any manner to an amount exceeding one dlstncts - and one-half percentum of the taxable property in such county, city, town, school district or other municipal corporation, without the assent of three-fifths of the voters therein voting at an election to be held for that purpose, nor in cases requiring such assent shall the total indebtedness at any time exceed five per centum on the value of the taxable property therein, to be as- certained by the last assessment for state and county purposes previous to the incurring of such indebted- ness, except that in incorporated cities the assessment shall be taken from the last assessment for city pur- poses : Provided , That no part of the indebtedness allowed in this section shall be incurred for any pur- pose other than strictly county, city, town, school district or other municipal purposes: Provided further. That any city or town with such assent may be allowed to become indebted to a larger amount, but not exceed- ing five per centum additional, for supplying such city or town with water, artificial light and sewers, when the works for supplying such water, light and sewers shall be owned and controlled by the municipality. Sec. 7. No county, city, town or other municipal counties and corporation shall hereafter give any money or property, corporations or loan its money or credit, to or in aid of any indi- etc * vidual, association, company or corporation, except for 166 STATE CONSTITUTION. the necessary support of the poor and infirm, or become directly or indirectly the owner of any stock in or bonds of any association, company or corporation. Education of children. Uniform sys- tem of public shools; in- cludes what; support of. Common school fund; derived from what sources. ARTICLE IX.— EDUCATION. Section 1 . It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or pref- erence on account of race, color, caste or sex. Sec. 2. The Legislature shall provide for a general and uniform system of public schools. The public school system shall include common schools, and such high schools, normal schools and technical schools as may hereafter be established. But the entire revenue derived from the common school fund, and the state tax for common schools, shall be exclusively applied to the support of the common schools. Sec. 3. The principal of the common school fund shall remain permanent and irreducible. The said fund shall be derived from the following named sources, to-wit : Appropriations and donations by the state to this fund ; donations and bequests by individuals to the state or public for common schools; the proceeds of lands and other property which revert to the state by escheat and forfeiture ; the proceeds of all property granted to the state, when the purpose of the grant is not specified, or is uncertain ; funds accumulated in the treasury of the state for the disbursement of which provision has not been made by law ; the proceeds of the sale of timber, stone, minerals and other property from school and state lands, other than those granted for specific purposes ; all moneys received from per- sons appropriating timber, stone, minerals or other property from school and state lands other than those granted for specific purposes, and all moneys other than rental recovered from persons trespassing on said lands; five per centum of the proceeds of the sale of public lands lying within the state, which shall be sold by the United States subsequent to the admission of the state into the Union as approved by section 13 of the act of Congress enabling the admission of the state into the STATE CONSTITUTION. 167 Union; the principal of all funds arising from the sale of lands and other property which have been, and hereafter may be, granted to the state for the support of common schools. The Legislature may make further provisions for enlarging said fund. The interest accru- ing on said fund, together with all rentals and other revenues derived therefrom, and from lands and other property devoted to the common school fund, shall be exclusively applied to the current use of the common schools. Sec. 4. All schools maintained or supported wholly or in part by the public funds shall be forever free from sectarian control or influence. Sec. 5. All losses to the permanent common school or any other state educational fund, which shall be occasioned by defalcation, mismanagement or fraud of the agents or officers controlling or managing the same, shall be audited by the proper authorities of the state. The amount so audited shall be a permanent funded debt against the state in favor of the particular fund sustaining such loss, upon which not less than 6 per cent, annual interest shall be paid. The amount of liability so created shall not be counted as a part of the indebtedness authorized and limited elsewhere in this constitution. ARTICLE X.— MILITIA. Section 1. All able-bodied male citizens of this state, between the ages of eighteen (18) and forty-five (45) years, except such as are exempt by laws of the United States or by the laws of this state, shall be liable to military duty. Sec. 2. The Legislature shall provide by law for organizing and disciplining the militia in such man- ner as it may deem expedient, not incompatible with the constitution and laws of the United States. Offi- cers of the militia shall be elected or appointed in such manner as the Legislature shall from time to time direct, and shall be commissioned by the Governor. The Governor shall have power to call forth the militia Legislature may provide for increase. Schools non- sectarian. Losses to per- manent school fund become a debt on state. Military duty who are liable to. Organization of militia. 168 STATE CONSTITUTION. Soldiers’ Home. Arms. Immunity from arrest. Exemption from military duty. County organization recognized. Removal of county seats. Organization of new counties. Change of boundaries. to execute the laws of the state, to suppress insurrec- tions and repel invasions. Sec. 3. The Legislature shall provide by law for the maintenance of a Soldiers’ Home for honorably dis- charged Union soldiers, sailors, marines and members of the state militia disabled while in the line of duty, and who are bona fide citizens of the state. Sec. 4. The Legislature shall provide by law for the protection and safe keeping of the public arms. Sec. 5. The militia shall, in all cases, except treason, felony and breach of the peace, be privileged from ar- rest during the attendance at musters and elections of officers, and in going to and returning from the same. Sec. 6. No person or persons, having conscientious scruples against bearing arms, shall be compelled to do militia duty in time of peace: Provided , Such per- son or persons shall pay an equivalent for such exemp- tion. ARTICLE XI. -—COUNTY, CITY AND TOWNSHIP ORGANIZATION. Section 1. The several counties of the Territory of Washington existing at the time of the adoption of this constitution are hereby recognized as legal sub- divisions of this state. Sec. 2. No county seat shall be removed unless three- fifths of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal, and three-fifths of all votes cast on the proposition shall be required to relocate a county seat. A proposition of removal shall not be submitted in the same county more than once in four years. Sec. 3. No new county shall be established which shall reduce any county to a population of less than four thousand (4,000), nor shall a new county be formed containing a less population than two thousand (2,000). There shall be no territory stricken from any county unless a majority of the voters living in such territory shall petition therefor, and then onty under such other conditions as may be prescribed by a general law ap- plicable to the whole state. Every county which shall be enlarged or created from territory taken from any STATE CONSTITUTION. 169 other county or counties shall be liable for a just pro- portion of the existing debts and liabilities of the county or counties from which such territory shall be taken; Provided , That in such accounting neither county shall be charged with any debt or liability then existing, incurred in the purchase of any county property or in the purchase or construction of any county buildings then in use- or under construction, which shall fall within and be retained by the county: Provided further , That this shall not be construed to affect the rights of creditors. Sec. 4. The Legislature shall establish a system of^;°™ of county government which shall be uniform throughout g° vernment - the state, and by general laws shall provide for town- ship organization, under which any county may or- ganize whenever a majority of the qualified electors of such county voting at a general election shall so de- termine, and whenever a county shall adopt township organization, the assessment and collection of revenue shall be made, and the business of such county, and the local affairs of the several townships therein, shall be managed and transacted in the manner prescribed by such general law. Sec. 5. The Legislature, by general and uniform laws, J^rs, com- shall provide for the election in the several counties of P ensatlon of - boards of county commissioners, sheriffs, county clerks, treasurers, prosecuting attorneys, and other county, township or precinct and district officers, as public con- venience may require, and shall prescribe their duties and fix their terms of office. It shall regulate the com- pensation of all such officers, in proportion to their duties, and for that purpose may classify the counties by population. And it shall provide for the strict ac- countability of such officers for all fees which may be collected by them, and for all public moneys which may be paid to them, or officially come into their posses- sion. Sec. 6. The board of county commissioners in each vacancies, county shall fill all vacancies occurring in any county, township, precinct or road district office of such county 170 STATE CONSTITUTION. Ineligibility for more than two terms. Salaries. All counties liable for state taxes. Municipal cor- porations, not created by special acts. Charters for cities of 20,000 or more. by appointment, and officers thus appointed shall hold office till the next general election, and until their suc- cessors are elected and qualified. Sec. 7. No county officer shall be eligible to hold his office more than two terms in succession. Sec. 8. The Legislature shall fix the compensation by salaries of all county officers, and of constables in cities having a population 5,000 and upward ; except that public administrators, surveyors and coroners may or may not be salaried officers. The salary of any county, city, town or municipal officer shall not be in- creased or diminished after his election, or during his term of office ; nor shall the term of any such officer be extended beyond the period for which he is elected or appointed. Sec. 9. No county, nor the inhabitants thereof, nor the property therein, shall be released or discharged from its or their proportionate share of taxes to be levied for state purposes, nor shall commutation for such taxes be authorized in any form whatever. Sec. 10. Corporations for municipal purposes shall not be created by special laws ; but the Legislature, by general laws, shall provide for the incorporation, organ- ization and classification, in proportion to population, of cities and towns, which laws may be altered, amended or repealed. Cities and towns heretofore organized or incorporated may become organized under such general laws whenever a majority of the electors voting at a general election shall so determine, and shall organize in conformity therewith ; and cities or towns hereto- fore or hereafter organized, and all charters thereof framed or adopted by authority of this constitution, shall be subject to and controlled by general laws. Any city containing a population of twenty thousand inhabitants, or more, shall be permitted to frame a charter for its own government, consistent with and subject to the constitution and laws of this state, and for such purpose the legislative authority of such city may cause an election to be had, at which election there shall be chosen by the qualified electors of said city, STATE CONSTITUTION. 17.1 fifteen freeholders thereof, who shall have been resi- dents of said city for a period of at least two years pre- ceding their election, and qualified electors, whose duty it shall be to convene within ten days after their election and prepare and propose a charter for such city. Such proposed charter shall be submitted to the qualified electors of said city, and if a majority of such qualified electors voting thereon ratify the same, it shall become the charter of said city, and shall become the organic law thereof, and supersede any existing charter, including amendments thereto, and all special laws inconsistent with such charter. Said proposed charter shall be published in two daily newspapers published in said city, for at least thirty days prior to the day of submitting the same to the electors for their approval, as above provided. All elections in this sec- tion authorized shall only be had upon notice, which notice shall specify the object of calling such election, and shall be given for at least ten days before the day of election, in all election districts of said city. Said elections may be general or special elections, and ex- cept as herein provided shall be governed by the law regulating and controlling general or special elections in said city. Such charter may be amended by pro- posals therefor submitted by the legislative authority of such city to the electors thereof- at any general elec- tion after notice of said submission published as above specified, and ratified by a majority of the qualified electors voting thereon. In submitting any such char- ter, or amendment thereto, any alternate article or proposition may be presented for the choice of the vot- ers, and may be voted on separately without prejudice to others. Sec. 11. Any county, city, town or township may make and enforce within its limits all such local po- lice, sanitary and other regulations as are not in con- flict with general la^ws. Sec. 12. The Legislature shall have no power to impose taxes upon counties, cities, towns or other mu- nicipal corporations, or upon the inhabitants or prop- Adoption of charter. Amendment of charter. Privileges of cities. Local taxation governed by general laws. 172 STATE CONSTITUTION. Unlawful use of public money a felony. All public money to be deposited with treasurer. Not created by special laws. Legislature shall not ex- tend franchise or remit forfeiture. Liability of stockholders. erty thereof, for county, city, town, or other municipal purposes, but may by general laws vest in the corporate authorities thereof the power to assess and collect taxes for such purposes. Sec. 13. Private property shall not be taken or sold for the payment of the corporate debt of any public or municipal corporation, except in the mode provided by law for the levy and collection of taxes. Sec. 14. The making of profit out of county, city, town or other public money, or using the same for any purpose not authorized by law, by any officer having the possession or control thereof, shall be a felony, and shall be prosecuted and punished as prescribed bylaw. Sec. 15. All moneys, assessments and taxes belong- ing to or collected for the use of any county, city, town or other public or municipal corporation, coming into the hands of any officer thereof, shall immediately be deposited with the treasurer, or other legal depositary, to the credit of such city, town, or other corporation respectively, for the benefit of the funds to which they belong. ARTICLE XII. — CORPORATIONS OTHER THAN MUNICIPAL. Section 1. Corporations may be formed under gen- eral laws, but shall not be created by special acts. All laws relating to corporations may be altered, amended or repealed by the Legislature at any time, and all cor- porations doing business in this state may, as to such business, be regulated, limited or restrained by law. Sec. 2. All existing charters, franchises, special or exclusive privileges, under which an actual and bona fide organization shall not have taken place, and busi- ness been commenced in good faith, at the time of the adoption of this constitution, shall thereafter have no validity. Sec. 3. The Legislature shall not extend any fran- chise or charter, nor remit the forfeiture of any fran- chise or charter of any corporation now existing, or which shall hereafter exist under the laws of this state. Sec. 4. Each stockholder in all incorporated com- panies, except corporations organized for banking or STATE CONSTITUTION. 173 insurance purposes, shall be liable for the debts of the corporation to the amount of his unpaid stock, and no more, and one or more stockholders may be joined as parties defendant in suits to recover upon this liability. Sec. 5. The term corporations, as used in this ar- constnSdTo tide, shall be construed to include all associations and mclude wliat - joint stock companies having any powers or privileges of corporations not possessed by individuals or partner- ships, and all corporations shall have the right to sue and shall be subject to be sued, in all courts, in like cases as natural persons. Sec. 6 . Corporations shall not issue stock, except to stock^acti- 11 bona fide subscribers therefor, or their assignees ; nor issue shall any corporation issue any bond, or other obliga- tion, for the payment of money, except for money or property received or labor done. The stock of cor- porations shall not be increased, except in pursuance of a general law, nor shall any law authorize the in- crease of stock, without the consent of the person or persons holding the larger amount in value of the stock, nor without due notice of the proposed increase having been previously given in such manner as may be prescribed by law. All fictitious increase of stock or indebtedness shall be void. Sec. 7. No corporation organized outside the limits of this state shall be allowed to transact business within the state on more favorable conditions than are pre- scribed by law to similar corporations organized under the laws of this state. Sec. 8. No corporation shall lease or alienate any Leasing or x ° alienation of franchise, so as to relieve the franchise, or property franchises, held thereunder, from the liabilities of the lessor, or grantor, lesee, or grantee, contracted or incurred in the operation, use, or enjoyment of such franchise or any of its privileges. Sec. 9. The state shall not in any manner loan its state shall not. * loan its credit credit, nor shall it subscribe to, or be interested in, the tocorpora- stock of any company, association or corporation. Sec. 10. The exercise of the right of eminent do- fomafn^ b state= main shall never be so abridged or construed as to ?ight exercise 174 STATE CONSTITUTION. Corporations and individ- uals shall not issue money, except lawful money of U. S. Liability of stockholders. Insolvent banks shall not receive deposits. Common car- riers; rights; duties. prevent the Legislature from taking the property and franchises of incorporated companies, and subjecting them to public use the same as the property of indi- viduals. Sec. 11. No corporation, association, or individual shall issue or put in circulation as money anything but the lawful money of the United States. Each stock- holder of any banking or insurance corporation or joint stock association shall be individually and per- sonally liable, equally and ratably and not one for an- other, for all contracts, debts and engagements of such corporation or association accruing while they remain such stockholders, to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares. Sec. 12. Any president, director, manager, cashier, or other officer of any banking institution who shall receive or assent to the reception of deposits after he shall have knowledge of the fact that such banking in- stitution is insolvent or in failing circumstances shall be individually responsible for such deposits so re- ceived. Sec. 13. All railroad, canal and other transportation companies are declared to be common carriers and subject to legislative control. Any association or cor- poration organized for the purpose, under the laws of the state, shall have the right to connect at the state line with railroads of other states. Every railroad com- pany shall have the right with its road, whether the same be now constructed or may hereafter be con- structed, to intersect, cross or connect with any other railroad, and when such railroads are of the same or similar guage they shall, at all crossings and at all points where a railroad shall begin or terminate at or near any other railroad, form proper connections, so that the cars of any such railroad companies may be speedily transferred from one railroad to another. All railroad companies shall receive and transport each the other’s passengers, tonnage and cars without delay or discrimination. STATE CONSTITUTION. 175 Sec. 14. No railroad company or other common carrier shall combine or make any contract with the ^fnations°S owners of any vessel that leaves port or makes port in forbldden - this state, or with any common carrier, by which com- bination or contract the earnings of one doing the carrying are to be shared by the other not doing the carrying. Sec. 15. No discrimination in charges or facilities Sorfin^rSes for transportation shall be made by any railroad or other forbldden - transportation company between places or persons, or in the facilities for the transportation of the same classes of freight or passengers within the state, or coming from or going to any other state. Persons and prop- erty transported over any railroad, or by any other transportation company, or individual, shall be de- livered at any station, landing or port, at charges not exceeding the charges for the transportation of persons and property of the same class, in the same direction, to any more distant station, port or landing. Excursion and commutation tickets may be issued at special rates. Sec. 16. No railroad corporation shall consolidate sfcaii not its stock, property or franchises with any other rail- road corporation owning a competing line. Sec. 17. The rolling stock and other moveable prop- f t c 1H consid- k ’ erty belonging to any railroad company or corpora- sonaipropeny' tion in this state shall be considered personal property, and shall be liable to taxation and to execution and sale in the same manner as the personal property of indi- viduals, and such property shall not be exempted from execution and sale. Sec. 18. The legislature shall pass laws establishing of reasonable maximum rates of charges for the transpor- ^egfsia S tur y e tation of passengers and freight, and to correct abuses, and to prevent discrimination and extortion in the rates of freight and passenger tariffs on the different railroads and other common carriers in the state, and shall enforce such laws by adequate penalties. A rail- road and transportation commission may be established and its powers and duties fully defined by law. Sec. 19. Any association or corporation, or the 176 STATE CONSTITUTION. Telegraph and telephone companies. Free passes, discrimina- tion forbidden. Railroads shall not dis- criminate against any express company. lessees or managers thereof, organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph and telephone within this state, and said companies shall receive and transmit each other’s messages without delay or discrimination, and all such companies are hereby declared to be com- mon carriers and subject to legislative control. Rail- road corporations organized or doing business in this state shall allow telegraph and telephone corporations and companies to construct and maintain telegraph lines on and along the rights-of-way of such railroads and railroad companies, and no railroad corporation organized or doing business in this state shall allow any telegraph corporation or company any facilities, privileges or rates for transportation of men or material, or for repairing their lines, not allowed to all telegraph companies. The right of eminent domain is hereby extended to all telegraph and telephone companies. The legislature shall, by general law of uniform opera- tion, provide reasonable regulations to give effect to this section. Sec. 20. No railroad or other transportation com- pany shall grant free passes, or sell tickets or passes at a discount, other than as sold to the public generally, to any member of the legislature, or to any person holding any public office within this state. The legis- lature shall pass laws to carry this provision into effect. Sec. 21. Railroad companies now or hereafter or- ganized or doing business in this state, shall allow all express companies organized or doing business in this state, transportation over all lines of railroad owned or operated by such railroad companies upon equal terms with any other express company, and no railroad cor- poration organized or doing business in this state shall allow any express corporation or company any facili- ties, privileges or rates for transportation of men or materials or property carried by them, or for doing the business of such express companies, not allowed to all express companies. Sec. 22. Monopolies^and trusts shall never be allowed STATE CONSTITUTION. 177 in this state, and no incorporated company, copartner- ship or association of persons in this state shall directly mon S opo a ifes or indirectly combine or make any contract with any forbldden - other incorporated company, foreign or domestic, through their stockholders, or the trustees or assignees of such stockholders, or with any copartnership or as- sociation of persons, or in any manner whatever, for the purpose of fixing the price or limiting the produc- tion or regulating the transportation of any product or commodity. The Legislature shall pass laws for the enforcement of this section by adequate penalties, and in case of incorporated companies, if necessary for that purpose, may declare a forfeiture of their charter. ARTICLE XIII.— STATE INSTITUTIONS. Section 1 . Educational, reformatory and penal in- Edu^uonai, stitutions ; those for the benefit of blind, deaf, dumb fnsutSns. or otherwise defective youth, for the insane or idiotic, and such other institutions as the public good may re- quire, shall be fostered and supported by the state, subject to such regulations as may be provided by law, The regents, trustees, or commissioners of all such in- stitutions existing at the time of the adoption of this constitution, and of such as shall thereafter be estab- lished by law, shall be appointed by the Governor, by and with the advice and consent of the Senate ; and upon all nominations made by the Governor, the ques- tion shall be taken by the ayes and noes, and entered upon the journal. ARTICLE XIV. — SEAT OF GOVERNMENT. Section 1. The Legislature shall have no power to Jo®a?ion ent change, or to locate the seat of government of this state; government, but the question of the permanent location of the seat how chosen ' of government of the state shall be submitted to the qualified electors of the territory, at the election to be held for the adoption of this constitution. A majority of all the votes cast at said election, upon said question, shall be necessary to determine the permanent loca- tion of the seat of government for the state ; and no place shall ever be the seat of government which shall —12 178 STATE CONSTITUTION. Temporary seat. How changed. Capitol building. Harbor line commission. not receive a majority of the votes cast on that matter. In case there shall be no choice of location at said first election, the Legislature shall, at its first regular ses- sion after the adoption of this constitution, provide for submitting to the qualified electors of the state, at the next succeeding general election thereafter, the ques- tion of choice of location between the three places for which the higest number of votes shall have been cast at the said first election. Said Legislature shall pro- vide further that in case there shall be no choice of location at said second election, the question of choice between the two places for which the highest number of votes shall have been cast, shall be submitted in like manner to the qualified electors of the state at the next ensuing general election : Provided , That until the seat of government shall have been permanently located as herein provided, the temporary location thereof shall remain at the city of Olympia. Sec. 2. When the seat of government shall have been located as herein provided, the location thereof shall not thereafter be changed except by a vote of two-thirds of all the qualified electors of the state vot- ing on that question, at a general election, at which the question of location of the seat of government shall have been submitted by the Legislature. Sec. 3. The Legislature shall make no appropriations or expenditures for capitol buildings or grounds, except to. keep the territorial capitol buildings and grounds in repair, and for making all necessary additions thereto, until the seat of government shall have been perma- nently located, and the public buildings are erected at the permanent capital in pursuance of law. ARTICLE XV.— HARBORS AND TIDE WATERS. Section 1 . The Legislature shall provide for the ap- pointment of a commission whose duty it shall be to locate and establish harbor lines in the navigable waters of all harbors, estuaries, bays and inlets of this state, wherever such navigable waters lie within or in front of the corporate limits of any city or within ore STATE CONSTITUTION. 179 mile thereof upon either side. The state shall never give, sell or lease to any private person, corporation or association any rights whatever in the waters beyond such harbor lines, nor shall any of the area lying be- tween any harbor line and the line of ordinary high tide, and within not less than fifty feet nor more than 600 feet of such harbor line (as the commissioners shall determine) be sold or granted by the state, nor its right to control the same relinquished, but such area Areas^reservcd shall be forever reserved for landings, wharves, streets and landin gs- and other conveniences of navigation and commerce. Sec. 2. The Legislature shall provide general laws for the leasing of the right to build and maintain and docks, wharves, docks and other structures upon the areas mentioned in section 1 of* this article, but no lease shall be made for any term longer than thirty years, or the Legislature may provide by general laws for the building and maintaining upon such area, wharves, docks and other structures. Sec. 3. Municipal corporations shall have the right to extend their streets over intervening tide lands to and across the area reserved as herein provided. ARTICLE XVI.— SCHOOL AND GRANTED LANDS. Section 1. All the public lands granted to the state shaiinotbe are held in trust for all the people, and none of such yaiJ e market lands, nor any estate or interest therein, shall ever be disposed of unless the full market value of the estate or interest disposed of, to be ascertained in such man- ner as may be provided by law, be paid or safely se- cured to the state ; nor shall any lands which the state holds by grant from the United States (in any case in which the manner of disposal and minimum price are so prescribed ) be disposed of except in the manner and for at least the price prescribed in the grant thereof, without the consent of the United States. Sec. 2. None of the lands granted to the state for J d a u n c d a s ti f ^ a i educational purposes shall be sold otherwise than at toSghest° ld public auction to the highest bidder. The value pimki auction, thereof, less the improvements, shall, before any sale, 180 STATE CONSTITUTION . School lands, how sold. Subdivision of. Investment of funds. Claim of state. be appraised by a board of appraisers, to be provided by law, the terms of payment also to be prescribed by law, and no sale shall be valid unless the sum bid be equal to the appraised value of said land. In estimat- ing the value of said lands for disposal, the value of the improvements thereon shall be excluded : Provided , That the sale of all school and university land hereto- fore made by the commissioners of any county or the university commissioners, when the purchase price has been paid in good faith, may be confirmed by the Leg- islature. Sec. 3. No more than one-fourth of the land granted to the state for educational purposes shall be sold prior to January 1, 1895, and not more than one-half prior to January 1, 1905: Promded, That nothing herein shall be construed as to prevent the state from selling the tim- ber or stone off of any of the state lands in such manner and on such terms as may be prescribed by law ; And provided further , That no sale of timber lands shall be valid unless the full value of such lands is paid or secured to the state. Sec. 4. No more than one hundred and sixty (160) acres of any granted lands of the state shall be offered for sale in one parcel, and all lands within the limits of any incorporated city, or within two miles of the boundary of any incorporated city, where the valuation of such lands shall be found by appraisement to exceed one hundred dollars ($100) per acre, shall, be- fore the same be sold, be platted into lots and blocks of not more than five acres in a block, and not more than one block shall be offered for sale in one parcel. Sec. 5. None of the permanent school fund shall ever be loaned to private persons or corporations, but it may be invested in national, state, county or munic- ipal bonds. ARTICLE XVII.— TIDE LANDS. Section 1. The State of Washington asserts its ownership to the beds and shores of all navigable waters in the state up to and including the line of ordinary high tide, in waters where the tide ebbs and flows, and STATE CONSTITUTION. 181 up to and including the line of ordinary high water within the banks of all navigable rivers and lakes : Provided, That this section shall not be construed so as to debar any person from asserting his claim to vested rights in the courts of the state. Sec. 2. The State of Washington disclaims all title to in and claim to all tide, swamp and overflowed lands certam lands - patented by the United States: Provided, The same is not impeached for fraud. ARTICLE XVIII.— STATE SEAL. Section 1. The seal of the State of Washington Design of. shall be a seal encircled with the words : “ The seal of the State of Washington,” with the vignette of Gen. George Washington as the central figure, and beneath the vignette the figures “ 1889.” article xix.— exemptions. Section 1. The Legislature shall protect by law Homestead, from forced sale a certain portion of the homestead and other property of all heads of families. article xx.— public health and vital statistics. Section 1. There shall be established by law a state ? oardof f > # health. board of health and a bureau of vital statistics in con- nection therewith, with such powers as the Legislature may direct. Sec. 2. The Legislature shall enact laws to regulate Practice of the practice of medicine and surgery, and the sale of drugs and medicines. ARTICLE XXI. — WATER AND WATER RIGHTS. Section 1 . The use of the waters of the state for ir- water rights, rigation, mining and manufacturing purposes shall be deemed a public use. ARTICLE XXII. — LEGISLATIVE APPORTIONMENT. Section 1 . Until otherwise provided by law, the state First a PP or- shall be divided into twenty-four (24) senatorial dis- tricts, and said districts shall be constituted and num- bered as follows : The counties of Stevens and Spokane shall constitute the first district, and be entitled to one senator; the county of Spokane shall constitute the second district, and be entitled to three senators ; the 182 STATE CONSTITUTION. county of Lincoln shall constitute the third district, and be entitled to one senator; the counties of Okano- gan, Lincoln, Adams and Franklin shall constitute the fourth district, and be entitled to one senator ; the county of Whitman shall constitute the fifth district, and be entitled to three senators ; the counties of Gar- field and Asotin shall constitute the sixth district, and be entitled to one senator ; the county of Columbia shall constitute the seventh district, and be entitled to one senator; the county of Walla Walla shall consti- tute the eighth district, and be entitled to two senators ; the counties of Yakima and Douglas shall constitute the ninth district, and be entitled to one senator ; the county of Kittitas shall constitute the tenth district, and be entitled to one senator ; the counties of Klick- itat and Skamania shall constitute the eleventh dis- trict, and be entitled to one senator ; the county of Clarke shall constitute the twelfth district, and be en- titled to one senator ; the county of Cowlitz shall con- stitute the thirteenth district, and be entitled to one senator ; the county of Lewis shall constitute the fourteenth district, and be entitled to one senator ; the counties of Pacific and Wahkiakum shall constitute the fifteenth district, and be entitled to one senator ; the county of Thurston shall constitute the sixteenth district, and be entitled to one senator ; the county of Chehalis shall constitute the seventeenth district, and be entitled to one senator ; the county of Pierce shall constitute the eighteenth district, and be entitled to three senators ; the county of King shall constitute the nineteenth district, and be entitled to five senators ; the counties of Mason and Kitsap shall constitute the twentieth district, and be entitled to one senator ; the counties of Jefferson, Clallam and San Juan shall con- stitute the twenty-first district, and be entitled to one senator ; the county of Snohomish shall constitute the twenty-second district, and shall be entitled to one senator ; the counties of Skagit and Island shall con- stitute the twenty-third district, and be entitled to one STATE CONSTITUTION. 183 senator ; the county of Whatcom shall constitute the twenty-fourth district, and be entitled to one senator. Sec. 2. Until otherwise provided by law, the repre- sentatives shall be devided among the several counties ^ t r r ®c®s tative of the state in the following manner : The county of Adams shall have one representative; the county of Asotin shall have one representative; the county of Chehalis shall have two representatives ; the county of Clarke shall have three representatives; the county of Clallam shall have one representative ; the county of Columbia shall have two representatives ; the county of Cowlitz shall have one representative ; the county of Douglas shall have one representative ; the county of Franklin shall have one representative ; the county of Garfield shall have one representative ; the county of Island shall have one representative ; the county of Jef- ferson shall have two representatives; the county of King shall have eight representatives ; the county of Klickitat shall have two representatives ; the county of Kittitas shall have two representatives ; the county of Kitsap shall have one representative ; the county of Lewis shall have two representatives ; the county of Lincoln shall have two representatives; the county of Mason shall have one representative ; the county of Okanogan shall have one representative ; the county of Pacific shall have one representative ; the county of Pierce shall have six representatives ; the county of San Juan shall have one representative; the county of Skamania shall have one representative ; the county of Snohomish shall have two representatives ; the county of Skagit shall have two representatives ; the county of Spokane shall have six representatives ; the county of Stevens shall have one representative ; the county of Thurston shall have two representatives ; the county of Walla Walla shall have three representatives ; the county of Wahkiakum shall have one representative; the county of Whatcom shall have two representatives ; the county of Whitman shall have five representatives ; the county of Yakima shall have one representative. 184 STATE CONSTITUTION. State consti- tution, how amended. Convention to amend constitution, how called. Voters must ratify. Boundaries of state defined. ARTICLE XXIII. — AMENDMENTS. Section 1. Any amendment or amendments to this 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 two houses, such proposed amendment or amendments shall be entered in their journals, with the ayes and noes there- on, and be submitted to the qualified electors of the state for their approval, at the next general election, and if the people 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 sub- mitted, they shall be submitted in such a manner that the people may vote for or against such amendments separately. The Legislature shall also cause the amend- ments that are to be submitted to the people to be pub- lished for at least three months next preceding election, in some weekly newspaper in every county where a newspaper is published throughout the state. Sec. 2. Whenever two-thirds of the members elected to each branch of the Legislature shall deem it neces- sary to call a convention to revise or amend this con- stitution, they shall recommend to the electors to vote at the next general election for or against a conven- tion, and if a majority of all the electors voting at said election shall have voted for a convention, the Legisla- ture shall, at the next session, provide by law for call- ing the same ; and such convention shall consist of a number of members not less than that of the most nu- merous branch of the Legislature. Sec. 3. Any constitution adopted by such conven- tion shall have no validity until it has been submitted to and adopted by the people. ARTICLE XXIV. — BOUNDARIES. Section 1. The boundaries of the State of Washing- ton shall be as follows : Beginning at a point in the Pacific ocean one marine league due west of and oppo- STATE CONSTITUTION. 185 site the middle of the mouth of the north ship channel of the Columbia river, thence running easterly to and up the middle channel of said river and where it is di- vided by islands up the middle of the widest channel thereof to where the forty-sixth parallel of north lati- tude crosses said river, near the mouth of the Walla Walla river ; thence east on said forty-sixth parallel of latitude to the middle of the main channel of the Sho- shone or Snake river ; thence follow down the middle of the main channel of Snake river to a point opposite the mouth of the Kooskooskia or Clear Water river ; thence due north to the forty-ninth parallel of north latitude ; thence west along said forty-ninth parallel of north latitude to the middle of the channel which sep- arates Vancouver’s Island from the continent, that is to say to a point in longitude 123.degrees, 19 minutes and 15 seconds west; thence following the boundary line between the United States and British possessions through the channel which separates Vancouver’s Island from the continent to the termination of the boundary line between the United States and British possessions at a point in the Pacific ocean equi-distant between Bonnilla point on Vancouver’s Island and Tatoosh Island lighthouse ; thence running in a south- erly course and parallel with the coast line, keeping one marine league off shore, to place of beginning. ARTICLE XXV. — JURISDICTION. Section 1 . The consent of the State of Washington is hereby given to the exercise, by the congress of the United States, of exclusive legislation in all cases what- soever over such tracts or parcels of land as are now held or reserved by the government of the United States for the purpose of erecting or maintaining thereon forts, magazines, arsenals, dockyards, lighthouses and other needful buildings, in accordance with the pro- visions of the seventeenth paragraph of the eighth section of the first article of the constitution of the United States, so long as the same shall be so held and reserved by the United States: Provided , That a suffi- United States to have juris- diction over certain tracts and parcels of land. 186 STATE CONSTITUTION. Exception. Religious toleration guaranteed. Rights to un- appropriated public lands disclaimed. cient description by metes and bounds, and an accurate plat or map of each such tract or parcel of land be filed in the proper office of record in the county in which the same is situated, together with copies of the orders, deeds, patents or other evidences in writing of the title of the United States: And provided, That all civil process issued from the courts of this state, and such criminal process as may issue under the authority of this state, against any person charged with crime in cases arising outside of such reservations, may be served and executed thereon in the same mode and manner, and by the same officers, as if the consent herein given had not been made. ARTICLE XXVI.— COMPACT WITH THE UNITED STATES. The following ordinance shall be irrevocable without the consent of the United States and the people of this state : First : That perfect toleration of religious sentiment shall be secured,, and that no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship. Second: That the people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries of this state, and to all lands lying within said limits owned or held by any Indian or Indian tribes ; and that, until the title thereto shall have been extinguished by the United State, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Con- gress of the United States, and that the lands belong- ing to citizens of the United States residing without the limits of this state shall never be taxed at a higher rate 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 here- after purchased by the United States or reserved for use: Provided , That nothing in this ordinance shall preclude the state from taxing, as other lands are STATE CONSTITUTION. 187 taxed, any lands owned or held by any Indian who has severed his tribal relation, and has obtained from the United States or from any person a title thereto by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress containing a provision exempting the lands thus granted from taxation, which exemption shall continue so long and to such an extent as such act of Congress may prescribe. Third: The debts and liabilities *of the Territory of Washington, and payment of the same, are hereby assumed by this state. Fourth: Provision shall be made for the establish- ment and maintenance of systems of public schools free from sectarian control, which shall be open to all the children of said state. ARTICLE XX VII.— SCHEDULE. In order that no inconvenience may arise by reason of a change from a territorial to a state government, it is hereby declared and ordained as follows : Section I. No existing rights, actions, suits, pro- ceedings, contracts or claims shall be affected by a change in the form of government, but all shall con- tinue 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. Sec. 2. All laws now in force in the Territory of Washington, which are not repugnant to this constitu- tion, shall remain in force until they expire by their own limitation, or are altered or repealed by the legis- lature: Provided , That this section shall not be so construed as to validate any act of the legislature of Washington Territory granting shore or tide lands to any person, company or any municipal or private cor- poration. Sec. 3. All debts, fines, penalties and forfeitures, which have accrued, or may hereafter accrue, to the Debts of terri- tory assumed. System of public schools guaranteed. Laws of Terri- tory of Wash- ington valid. Debts, fines, etc., inure to state. 188 STATE CONSTITUTION. Recognizances taken under territorial gov- ernment valid under state government. Penal actions. Territory of Washington, shall inure to State of Wash- ington. Sec. 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 Territory of Washington or to any county or municipal corporation, or to any offi- cer 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 may be sued for and recovered accordingly, and all the estate, real, per- sonal and mixed, and all judgments, decrees, bonds, specialties, choses in action, and claims or debts, of whatever description, belonging to the Territory of Washington, shall inure 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. Sec. 5. 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 offenses committed against the laws of the Terri- tory of Washington, before the change from a terri- torial to state government, and which shall not be prosecuted before such change, may be prosecuted in the name and by the authority of the State of Wash- ington, with like effect as though such change had not taken place ; and all penalties incurred shall remain the same as if this constitution had not been adopted. All actions at law and suits in equity which may be pending in any of the courts of the Territory of Wash- ington, at the time of the change from a territorial to a state government, shall be continued and transferred to the court of the state having jurisdiction of the sub- ject matter thereof. Sec. 6 . All officers now holding their office under STATE CONSTITUTION. 189 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 superseded by the authority of the state. Sec. 7. All officers provided for in this constitution, including a county clerk for each county, when no other time is fixed for their election, shall be elected at the election to be held for the adoption of this consti- tution on the first Tuesday of October, 1889. Sec. 8. Whenever the judge of the superior court of any county, elected or appointed under the provisions of this constitution, shall have qualified, the several causes then pending in the district court of the terri- tory, except such causes as would have been within the exclusive jurisdiction of the United States District Court, had such court existed at the time of the com- mencement of such causes within such county, 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 superior court of such county. And where the judge is elected for two or more counties, it shall be the duty of the clerk of the district court having custody of such papers and records to transmit to the clerk of such county or counties, other than that in which such rec- ords are kept, the original papers in all cases pending in such district and belonging to the jurisdiction of such county or counties, together with transcript of so much of the records of said district court as relate to the same; and until the district courts of the territory shall be superseded in manner aforesaid, the said dis- trict courts and the judges thereof shall continue with the same jurisdiction and powers, to be exercised in the same judicial districts, respectively, as heretofore con- stituted under the laws of the territory. Whenever a quorum of the judges of the Supreme Court of the state shall have been elected and qualified, the causes then pending in the Supreme Court of the territory, except such causes as would have been within the exclusive jurisdiction of the United States Circuit Court, had Public officers, First election of officers. Courts, trans- fer of cases. 190 STATE CONSTITUTION. such court existed at the time of the commencement of such causes, and the papers, records and proceedings of said court, and the seal and other property pertain- ing thereto, shall pass into the jurisdiction and posses- sion of the Supreme Court of the state, and until so superseded, the Supreme Court of the territory and the judges thereof shall continue with like powers and jur- isdiction as if this constitution had not been adopted. court seals. Sec. 9. Until otherwise provided by law, the seal now in use in the Supreme Court of the Territory shall be the seal of the Supreme Court of the State. The seal of the superior courts of the several counties of the state shall be, until otherwise provided by law, the vignette of General George Washington, with the words: u Seal of the superior court of county,” surrounding the vignette.” The seal of municipali- ties, and of all county officers of the territory, shall be the seals of such municipalities and county officers, re- spectively, under the state, until otherwise provided by law. ca r s°e b s a tobe Urt Sec. 10. When the state is admitted into the Union, to a sup e e5or and the superior courts in their respective counties or- ganized, the books, records, papers and proceedings of the probate court in each county, and all causes and matters of administration pending therein, shall, upon the expiration of the term of office of the probate judges, on the second Monday in January, 1891, pass into the jurisdiction and possession of the superior court of the same county created by this constitution, and the said court shall proceed to final judgment or decree, order or other determination, in the several matters and causes as the territorial probate court might have done if this constitution had not been adopted. And until the expiration of the term of office of the probate judges, such probate judges shall perform the duties now imposed upon them by the laws of the territory. The superior courts shall have appellate and revisory jurisdiction over the decisions of the probate courts, as now provided by law, until such latter courts expire by limitation. STATE CONSTITUTION. 191 Sec. 11. 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 commencement and duration of their term. Sec. 12. In case of a contest of election between candidates, at the first general election under this constitution, for judges of the Superior Courts, the evidence shall be taken in the manner prescribed by the territorial laws, and the testimony so taken shall be certified to the Secretary of State; and said officer, together with the Governor and Treasurer of State, shall review the evidence and determine who is entitled to the certificate of election. Sec. 13. One representative in the congress of the Repre- L ° sentative United States shall be elected from the state at large, in congress, at the first election provided for in this constitution ; and thereafter at such times and places and in such manner as may be prescribed by law. When a new apportionment shall be made by congress, the Legis- lature shall divide the state into congressional districts, in accordance with such apportionment. The vote cast for representative in congress, at the first election, shall be canvassed and the result determined in the manner provided for by the laws of the territory for the canvass of the vote for delegate in congress. Sec. 14. All district, county and precinct officers, District. 7 d 1 7 county and who may be in office at the time of the adoption of ggcere tohoid this constitution, and the county clerk of each county o ffl ce until i89i. elected at the first election, shall hold their respective offices until the second Monday of January, A. D. 1891, and until such time as their successors may be elected and qualified, in accordance with the provisions of this constitution ; and the official bonds of all such officers shall continue in full force and effect as though this constitution had not been adopted. And such officers shall continue to receive the compensation now pro- vided until the same be changed by law. Sec. 15. The election held at the time of the adop- Ejection t° r adopt consti- tion of this constitution shall be held and conducted in J;^n, ^ow 192 STATE CONSTITUTION. State constitu- tion in effect, when. Separate articles submitted. Female suffrage. Prohibition article. Form of ballot. all respects according to the laws of the territory, and the votes cast at said election for all officers (where no other provisions are made in this constitution), and for the adoption of this constitution and the several separate articles, and the location of the state capital, shall be canvassed and returned in the several counties in the manner provided by territorial law, and shall be returned to the Secretary of the Territory in the manner provided by the enabling act. Sec. 16. The provisions of this constitution shall be in force from the day on which the president of the United States shall issue his proclamation declaring the State of Washington admitted into the Union, and the terms of all officers elected at the first election under the provisions of this constitution shall commence on the Monday next succeeding the issue of said procla- mation, unless otherwise provided herein. Sec. 17. The following separate articles shall be sub- mitted to the people for adoption or rejection at the election for the adoption of this constitution : Separate article No. 1. “All persons, male and female, of the age of 21 years, or over, possessing the qualifications, pro- vided by this constitution, shall be entitled to vote at all elections.” Separate article No. 2. “It shall not be lawful for any individual, company or corporation, within the limits of this state, to manufacture, or cause to be manufactured, or to sell, or offer for sale, or in any manner dispose of, any alcoholic, malt or spirituous liquors, except for medicinal, sacramental or scientific purposes.” If a majority of the ballots cast at said election on said separate articles be in favor of the adoption of either of said separate articles, then such separate articles so receiving a majority shall become a part of this constitution and shall govern and con- trol any provision of the constitution in conflict there- with. Sec. 18. The form of ballot to be used in voting for or against this constitution, or for or against the separate STATE CONSTITUTION. 193 articles, or for the permanent location of the seat of government, shall be : 1. For the Constitution. Against the Constitution. 2. For Woman Suffrage Article. Against Woman Suffrage Article. 3. For Prohibition Article. Against Prohibition Article. '4. For the permanent location of the seat of Govern- ment. [Name of place voted for.] Sec. 19. The Legislature is hereby authorized to ap- propriate from the state treasury sufficient money to pay any of the expenses of this convention not provided for by the enabling act of congress. CERTIFICATE. 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 their 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-second day of August, anno domini, one thousand eight hundred and eighty-nine. JOHN P. HOYT, President. J. J. BROWNE, N. G. BLALOCK. JOHN F. GOWEY, FRANK M. DALLAM, JAMES Z. MOORE, E. H. SULLIVAN. GEORGE TURNER; AUSTIN MIRES, M. M. GODMAN, GWIN HICKS, WM. F. PROSSER, LOUIS SOHNS, A. A. LINDSLEY, J. J. WEISEN BURGER, P. C. SULLIVAN, R. S. MORE, THOMAS T. MINOR, J. J. TRAVIS. ARNOLD J. WEST, CHARLES T. FAY, CHARLES P. COEY, ROBT F. STURDEVANT, JOHN A. SHOUDY, ALLEN WEIR, W. B. GRAY, TRUSTEN P. DYER, GEO. H. JONES, B. L. SIIARPSTEIN, H. M. LILLIS, J. F. VAN NAME, ALBERT SCHOOLEY, H. C. WILLISON, T. M. REED, S. H. MANLY, RICHARD JEFFS, FRANCIS HENRY, GEORGE COMEGYS, OLIVER H. JOY, DAVID E DURIE, D. BUCHANAN, JOHN R. KINNEAR. GEORGE W. TIBBETTS, H. W. FAIRWEATHER. THOMAS C. GRIFFITTS, C. H. WARNER, J. P. T. McCROSKEY, S. G. COSGROVE, THOS. HAYTON, SAM’L H. BERRY, D. J. CROWLEY, J. T. MCDONALD, JOHN M. REED. EDWARD ELDRIDGE, GEO. H. STEVENSON, SILVIUS A. DICKEY, HENRY WINSOR, THEODORE L. STILES, JAMES A. BURK, JOHN McREAVY, R. O. DUNBAR, MORGAN MORGANS, JAS. POWER, B. B. GLASCOCK, O. A. BOWEN, HARRISON CLOTHIER, MATT J. MCELROY, J. T. ESHELMAN, ROBERT JAMIESON. HIRAM E. ALLEN, H. F. SUKSDORF, J. C. KELLOGG. ’ JNO. I. BOOGE, Chief Clerk. Appropriation authorized to pay deficiency. —13